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
that Ordinance to take distresses for the charges in making and repair of the Banks aforsaid as often as need should require aswell on the part of Wisebeche and Welle as on the part of Elme by turns and severally without the contradiction of any one And they ordained that Draymere diche should be repaired and raised higher where need required so that the Commoners might have chase and rechase with their Cattel unto their Commons and that every man having Lands or Tenements adjoyning or abutting upon the said Bank called Draymeresdiche should dig and clense the Frontier of his Land eight foot in bredth and cast the earth so digg'd out upon the same Bank And they likewise ordained that the Bank called the Blackdiche should be amended and repaired at the charge of all the Landholders antiently agisted thereto and that the Sewers of UUaltersey Coldham and Redmorefield with their appurtenancâ—s should be clensed and the Crests of them raised higher and maintained where need required unto the Pipes lying under the River of UUisebeche And that all the Hades of the Lands abutting on those Sewers and upon all other Sewers within that Precinct should be stopped xij foot in bredth so that the water of Lech running through those Sewers should not enter into the fields to the damage of the Lands lying therein And they moreover ordained that one Clow should be made at Hillaryes drove between UUisebeche and Elme at the cost of the Landholders antiently agisted thereto who had wont to make and repair the same And that one other Clow should be made upon the River of UUisebeche neer to the messuage of Thomas Howes Barkere so that the water coming out of the fields of Elme by the passage called Uykorisgote might Drain there in default of a Gote called Dogarde and that a Bank be made from that Clow unto the house of William Maste Bocher on the South side of that Sewer and another Bank from the said Clow unto the house of Thomas Howe Barkere on the other side of the said Sewer for hindring the Sand brought up by the Tides from choaking up of the said Sewer And they likewise ordained that there should be a Causey made neer unto Maryesâ—arre whereof the one end to begin at Maryesbarre and so overthwart beyond the River of Elme unto Loveday diche which Causey to be eight foot in height xij foot in bredth at the top and thirty two foot at the bottom and a Clow made there at the charges of those who were to have benefit thereby for the bringing in fresh water into the River of Elme when need should be And they likewise ordained that every person having Lands or Tenements Common Fishing or Pasture in the Towns of Elme UUisebeche and Welle within the Precinct aforesaid should have his portion upon the Fen-bank before-mentioned to the quantity of his holding according to an agistment thereof to be made anew And likewise each man having Lands or Tenements within the Precinct aforesaid to have his portion upon the Sea-bank beginning at the house of Thomas Mounpesson and extending it self to the Floudgates of Elme and so to UUelle each man for the quantity of his tenure according to a new agistment to be thereof made And they said moreover that the Bank before ordained was then broken for want of repair and that divers Lands and Tenements within the said Precinct were drowned by the Fresh waters to the great damage of all the Landholders there And they also said that the same Bank ought to be repaired aswell in height as in thicknesse so that it might contain in thicknesse xxxii foot at the bottom and at the top xii at the least and in height from the Level ground seven foot And that the men of UUisebeche Elme and UUelle were obliged to the repair and making of the said Bank each man according to the proportion of his holding and that the said Bank could not be preserved nor kept except those men who had Lands and Tenements within the said Precinct were new agisted upon the Bank before ordained And they also presented and ordained that one Bank should be made new and begin at Uernounes Corner upon Bishopsedike and so to extend directly to the Bank of UUelle upon the soyl lately belonging to Hamon de Vernoun in part and in part upon the common soyl and to be of the height and thicknesse abovesaid as also to be done at the charge of all the Landholders for their lands lying betwixt the River of Elme and the River of Welle And being asked of the number of Acres aswell on the South part of the River of UUisebeche unto the River of Elme as on the South part of the same River of Elme unto the River of Welle they answered that there were on the South side of the River of Wisebeche unto the River of Elme five thousand and two hundred Acres and on the South side of the River of Elme to the River of Welle two thousand and ninety Acres Whereupon command was given to the Steward of the said liberty that he should summon all the Land-holders aswell of Elme and Welle and of the Town of Wisebeche on the South side of that River as all others who had Lands or Tenements or any Pasturage or Fishing in Fee or for term of years to appear before the said Justices at Ely upon Thursday next after the Feast of the Epiphany then and there to shew what they had to say for themselves why all the before-specified Ordinances in each point ought not to be inviolably kept for the future At which day came Iohn Payne who then prosecuted for the King and the Steward of Ely and required that Thomas Bishop of Ely who had within the said precinct viz. in the Town of Wisebeche Elme and Welle divers Lands and Tenements and that Iohn Simson of Wisebeche Thomas Mounpesson and others who had also Lands and Tenements within the said Precinct in the Towns aforesaid should be attached to be at Ely before the said Justices at that time to shew as aforesaid And thereupon the said Bishop of Ely Will. Streete Lord of the Mannour of Coldham Sir Iohn Colvill Knight the Prior of Ely the Abbot of Crouland the Abbot of Wendling Iohn Vernoun Will. Newhouse Nich. Makesake Sir Nich. Golofre Knight and Iohn de Crofte of Welle who had Lands and Tenements within the said precinct within those Towns were summoned to appear at that said day to shew cause as abovesaid All which persons came accordingly and it being demanded of them and every of them wherefore the before-specified Ordinances aswell relating to the Town of Wisebeche as those of Elme and Welle ought not in every point to be observed according to the tenor and effect of them they severally answered that as to the repair of the Bank which beginneth over against the Gate of Wisebeche Castle and goeth to Goneldiche thence to Bansted hirne thence to Tylneyhirne thence to Coldham hithe
maritime lands in his Bayliwick by whom the truth in the premisses might be the better enquired into and known and to do farther in the pâ—emisses as it should be decreed Who came accordingly And the said xxiiij Jurats of the Marsh before named together with the Commonality of the said Marsh said that King Henry Father of the then King did by his Charter grant to them certain Liberties in his own Lands within the said Marsh And they therefore required that those their Liberties might be preserved As also that nothing might be attempted or deâ—reed in prejudice of their said Liberties and produced the same Charter of the said K. Henry And they likewise said that K. Henry father to the then King in the xlii year of his reign by reason of a certain controversie arisen betwixt divers men of this Marsh occasioned for the repair of the Banks and Water-gangs therein sent Henry de Bathe his Justice into those parts to hear and determine the differences in that businesse betwixt the xxiiij Jurats and the same Marshmen and to provide for the defense and security thereof and against the peril of inundation by other waters in causing the Banks and Water-gangs to be repaired by those who were obliged thereto for the lands which they held therein according to the proportion thereof Whereupon they said that the said Henry de Bathe by authority of the same King Henry's Mandate ordained and decreed for them a certain Law and Ordinance by which this Marsh was to that time kept and preserved and therefore desired that they might for the future be guided and defended by that Ordinance and Law as they had wont to be till that present time And thereupon produced the said Ordinance of him the said Henry under the King's Seal And because the said Ordinance seemed consonant to equity and had been to that time approved command was given and it was decreed that the same should be in all things observed without diminution Adding neverthelesse that in regard there was no mention therein of the election of the King 's common Bayliff in the said Marsh how and by whom be ought to be chosen it was determined that for the future upon the decease of the said common Bayliff or his quitting the Office another to be chosen who should reside and have lands in this Marsh And that the said election should thenceforth be by the common assent of the Lords of the Towns Lying therein or by their Atturnies and as the Major part should determine to submit to that election because till that time the usage had been so And touching that double of the costs imposed for repairing the defaults to be levyed upon those through whose neglect they had hapned it was decreed that the same double should be levyed in such sort as by the former Ordinance had been appointed and imployed to the common profit of this Marsh and not to the bâ—hoof of the said Bayliff And forasmuch as there were divers Banks and Water-gangs in the said Marsh to the maintenance of which the commonality thereof did not contribute except only they whose lands lay contiguous to the said Banks and Water-gangs And thaâ— some through the oppression of the Lords of the said Marsh did sometime pay as much for the repair and maintenance of those Banks and Water-gangs for fourty Acres as others did for fifty which was much against the law of the Marsh and the Ordinance of the said Henry de Bâ—the It was therefore decreed and ordained that notwithstanding and Custome by whomsoever introduced all and singular persons who had lands therein which were subject to the danger of the Sea and had preservation by the same Banks and Water-gangs should thenceforth be distreined for the reparation and maintenance of them so that every man might contribute equally according to the number of Acres which they had therein and that no person be he of whatsoever state or condition that had preservation and defence thereby should be favoured And because before that time in this Marsh of Romenale beyond the course of the water of the Port running from Suergate towards Romenhale on the West part of the same Port till it come to the County of Suâ—sex there had not been any certain Law of the Marsh ordained nor used otherwise than at the will of those that had lands in the same insomuch as divers dangers and intolerable losses hapned by the Seas inundâ—tion To the end therefore that the like perils might for the future be prevented and the common benefit provided for it was agreed and jointly ordained that in the said Marsh beyond the before-specified Port towards Sussex there should be Iurats establisht chosen by the Commonality who being sworn to that purpose for the security of those parts having respect to the number of Acres lying subject to that danger and to the proportion of the Banks Watergangs to be repaired sustained there should upon their Oaths consider and ordain how much might be necessary for such repair sustentation so that according to the portion of their Acres and value of them there might be assigned in the said Banks and Water-gangs an equal portion of perches to be maintained as it is more fully contained in the Ordinance of the said Henry de Bathe And moreover forasmuch as till that time there had been no common Bayliff constituted in those parts beyond the before-specified Port towards Sussex who ought for the publick benefit take care and provide against the perils there hapning and to prevent the like for the future it was ordained that thenceforth there should one common Bayliff be made choice of in the said Marshes beyond that course of the water toward Sussex for overseeing keeping and repairing of the said Banks and Water-gangs in such places and bounds of the said whole Marsh as should seem most expedient to all the whole Commonality As also to summon together unto places necessaryâ— the Iurats of the said Marsh as often as need should require for the making of Ordinances and Laws for preservation of the lands in those parts causing distresses to that purpose to be made and levying a double proportion upon such as should make default according to the tenour of the Ordinance made by the saiâ— Henry de Bathe Provided that at the election of the said Bayliff when ever it might happen to be the Lords of the Towns in the said Marsh beyond the said course of the water towards Suâ—â—ex should be summoned and called if they would be present thereat as also the Iurats and whole Commonality of that Marsh. And it was likewise ordained that for the future the King 's said common Bayliff in the Marsh of Romenale should be the Supervisor of the before-mentioned Bayliffs and Iurats in this Marsh beyond the course of the water towards Sussex and that he should summon together to fit places all the Iurats chosen on both sides the
said course of that water when need required to make their Ordinances and Laws for preservation of the said Marshes so that alwayes on both parts of that Water-course they should abide by the Ordinances and considerations of the said Iurats as to the prejudice or more safeguard of any mans land notwithstanding any custome whatsoever Saving alwayes the tenour of the King's Charter granted to the Commonality of Romney Marsh and the Ordinance of Henry de Bathe ever to remain in full power and strength Not long after this there hapned certain differences beâ—wixt the Master of the Hospital called God's house in Dover and certain of his Tenants within the Mannours of Hunychilde and Estbrigge in Romenale marsh touching some Banks and Water-gangs upon the Sea coast which the said Master alledged that his said Tenants for the antient demesnes belonging to him in those Mannours as often as need required should at their proper costs repair and maintain against the violence of the Sea and inundations of the Fresh waters For the hearing and determining of which controversies according to the Law and Custome of the said Marsh Iohn de Lovet Robert de Septvaus Master Thomas de Gudinton and Henry de Appletrefeld were by the King assigned Whereupon the parties so at difference weighing all circumstances touching the same put themselves upon the Inquisition of the Country But the taking thereof in regard that the said Master refused that any persons residing in the said Marsh should be admitted thereof and the said Tenants not being content with any Foreiners was delaid to the great damage of those parts as by complaint the King was informed To put therefore a speedy end to the businesse the said King by his Letters Patents dated at Tydeswell xxiiij Sept. constituted Stephan de Pencestre then Constable of Dover-Castle Henry de Appletrefeld and Bertram de Tancrey his Justices for to make farther enquiry thereof But what was done therein I have not seen About four years afterwards the said King Edward the first taking great care for the defence and preservation of this Marsh by his Letters patents bearing date at Westminster xx April in the xviijth year of his reign wherein he hath this observable expression viz. quod cum nos ratione dignitatis regiae per juramentum astricti sumus ad providendum salvationi Regni nostri circumquaque i. e. in respect of his royal dignity and that he was obliged by Oath to provide for the safeguard of his Kingdome round about assigned H. de Apeldrefeld and Bertram de Tancrey to oversee the Banks and Ditches upon the Sea coasts and parts adjacent in the County of Kent which by reason of the roughnesse of the Sea were in many places broken and to enquire through whose default that damage had hapned As also of all those that held lands and tenements in those parts and had or might have safeguard and defence any manner of way by the said Banks and Ditches and to distrain them for the quantity of their said Lands or number of Acres or Carucates according to the portion that they held together with the Bayliffs of Liberties and others of those parts for the repair of the said Banks and Ditches in necessary places as often and where there should be need so that no Land-holder rich or poor of what estate dignity or condition soever he was in case he had defence and preservation any manner of way by the same Banks of Ditches were he within Liberties or without should have favour in any kind Commanding them moreover that in the execution of that businesse they should behave themselves with such fidelity and discretion that aswell the Inhabitants of those places as their lands might be preserved from the like perils and casually worse any Custome through favour by whomsoever it had been introduced notwithstanding And what they should do and ordain therein to certifie the said King thereof under their Seals and the Seals of xxiiij aswell Knights as other honest and lawful men distinctly and plainly And for their better accomplishment of that businesse directed his Precept to the Shireeve of Kent appointing him that at certain dayes and places of which he was to give them notice he should cause to come before the same King's Justices such and so many honest and lawful men of his Bayliwick by whom the truth in the premisses might be the better known and enquired into By virtue also of which Mandate the said Shireeve had command to bring before the said Justices at that time the xxiiij Jurats of Romene Marsh and all the Lords of the Towns therein and such and so many honest and lawful men of all of the maritime parts in his Bayliwick by whom the truth in the premisses might likewise be the better known and enquired of and to do farther what should be ordained in the premisses Which Commissioners came accordingly as also the said xxiiij Jurats together with the Commonality of this Marsh and alleged that K. Henry the Father of the said King Edward by his Charter granted to them certain Liberties in their Lands within the same Marsh and required that those their Liberties might be preserved and nothing accepted or ordained in prejudice of them producing the Charter of the said King Henry in which was recorded the Ordinance of Henry de Bathe And farther declared their approbation of the said Ordinance with the additions thereto in such manner and form as they had before done in the xvith year of this King's reign before Iohn de Lovetot and the said Henry de Apeldrefeld then the Kings Justices as I have at large already shewed whereunto for avoiding repetition I refer my Reader Adding moreover by common agreement to those wholsome Ordinances these ensuing Constitutions viz. 1. That through all other maritime places in the said County lyable to the danger of the Sea the River of Thames or any other water wherein the Marsh Law had not formerly been established and used and that divers perils through defect of Banks and Water-gangs had there hapned Lest therefore for the future the like or worse might accrue 2. That in every Hundred and Town aswell by the Sea coast as bordering on the Thames and other waters in which the Marsh lands are subject to inundation there be chosen and sworn xij or six lawful men according to the largeness of the Hundreds or Towns who have lands in danger of the Sea the Thames other waters Which men to be assigned keepers of the Banks and Water-gangs in the Hundreds Towns aforesaid who upon their Oath shall keep safe the saidâ— Banks and Water-gangs and when and as often as need requireth repair them As also shall in respect of the raging of the Sea raise the said Banks higher by four foot at the least than formerly they were and make them of thickness answerable to that height 3. For the reparation of which Banks and Water-gangs when need
for the time being shall of himself at all intermeddle with such distresses as are or shall be made by the direction of the said xxiiij Iurats But that such Iustice as is to be executed thereupon shall be reserved to us and our heirs or to our special Mandate as it is before expressed in that Patent of our said Grand-father Which King continuing his mindfulnesse thereof by his Letters Patents bearing date at York 24º Augusti in the tenth year of his reign appointed Robert de Kendale Iohn Malemeyns de Hoo and William de Cotes Gentlemen then of special note in this Country to oversee the Sea-banks in this Marsh situate betwixt Apeldre and Romenale And in the 17º of his reign by the like Patent dated at Westminster xxo Maii constituted Edmund de Passele Iohn de Ifeld and Robert de Sardone his Commissioners for the like view of the Banks in sundry parts of the said Marsh. The next year following there having been a complaint made to the King that by reason of a certain Trench made betwixt Apuldre and the Port of Romenhale very many discommodities and losses dayly befell the Country adjacent Whereupon he assigned the before-specified Edmund and Iohn together with William de Cotes to enquire by the Oaths of honest and lawful men of these parts by whom the truth in the premisses might be the better discovered who they were that made that Trench and when and for what cause as also how and in what manner And moreover what discommodity damage had hapned by means thereof and to whom and in what sort But being afterwards advertised that there was so great a dissention risen betwixt his Barons of the Cinque Ports and the Commonality of Romenale Marsh by reason thereof that both sides were preparing to fight it out if there should be any farther proceeding in that Inquisition which as it would occasion much terror to the people thereabouts so might it not a little hinder that warlike expedition which the said King then intended Considering therefore the need that at present he had of the service of his faithful Subjects aswell by Land as by Sea and being desirous to his utmost power to provide for their unity and peace by his special Precept bearing date at Guldeford 6º Aug. he commanded the before-specified Edmund Iohn and William for the causes above expressed to supersede the taking of that intended Inquisition until they should receive his farther commands therein Which stop in that businesse lasted not long For at the beginning of the next February the King granted out a new Commission to them for to proceed forthwith therein In the same year it seems that the Banks in this Marsh betwixt Tyd and Dengemareys were broke for in the moneth of Iune ensuing I find that the said King issued out his Commission to Henry de Shardon Thomas de â—eversham and William de Roberts brigge for the viewing and repairing of them That greater care and regard could be than appears by what I have already instanced to have been taken in the regulation of all things tending to the safeguard of this Marsh cannot I presume be well imagined Neverthelesse such is the pravity of some ill-disposed men who chiefly mind their particular gain though it be by cheating the publick that were it not for a strict watch over them all good order would be subverted and little else but cousenage if not rapine practised instead thereof as we shall find by the doings of some who were imployed with the levying and collection of moneys to the repair of the Banks and Water-gangs of this Marsh Who most unconscionably and against the trust reposed in them made use of those Sums so gathered to their own private uses insomuch as complaint thereof was made to the King in 5 E. 3. Who thereupon gave commission to William de Clinton Raphe Sauvage and Thomas de Feversham to enquire into the particulars thereof Which King out of the like tender respect to the preservation of this Marsh as his Father and other his Ancestors had by his Leters Patents bearing date at Westminster 28º of Novem. in the seventh year of his Reign wherein he recited that famous Ordinance made by Henry de Bathe of which I have so often made mention added his Royal Confirmation thereof And afterwards at sundry times as occasion required granted his Commission to several persons of quality in the said County of Kent for the overseeing the said Banks and Water-gangs and taking care for their necessary repair as by the enroulments of them appeareth viz. in April 13 E. 3. to Thomas de Brockhill William de Oralsâ—on Robert de Shâ—rden and Geffrey de Basham for those Banks c. upon the Sea-coast in the Marsh of Lude neer Romenhale And in Octob. following to the same Thomas Geffrey and Iames de Echyngham touching those which lay betwixt the Town of Romne and a certain place called Longerake and betwixt the Church of Lyde and the Sea within the Town of Lyde In Iune 18º E. 3. to the same Thomas de Brokhull Iohn de Erde Thomas de Rethelin and William Alleyn of Brokeland for those in Romenhale Marsh. In March 21º E. 3. to the same Thomas and Thomas de Gillingham Stephan Donet and Stephan de Horsham for the same Banks In April 22º E. 3. to Iames de Echingham Thomas de Broxhill and the rest last mentioned the like So also in Iuly following to William de Broclond Stephan de Horsham Richard de Morton and William Waschare But notwithstanding that wholsome Ordinance so often mentioned and the several confirmations thereof I find that Simon Islip Archbishop of Canterbury with other Land-holders within this Marsh of Romene made a grievous complaint to the King in 33 E. 3. that whereas all those their lands lay bordering to the Sea coast and without the continual support of the Banks Gutters Ditches and other Mounds aswel for excluding the Sea as for the voiding out of the fresh waters there made they could not by any means be defended and preserved Farther shewing that for the safeguard thereof it was in the time of King Henry sometime King of England Ancestor to the said King Edward the 3d ordained by Henry de Bathe and his Fellows Justices of the said King for that purpose that whosoever being Tenant and resident within the precinct whom the greater part of the Lords of the Towns therein situate should choose ought to be the Bayliff to levy the Taxes assessed for reparatâ—on and maintenance of the said Banks as in the said Ordinance more fully may appear And that though in pursuance of those Ordinances one Iohn atte Lose a Tenant and resident within the said Marsh had been elected and deputed to the Office of the said Bayliff for levying of the said Taxes by the Lords of this Marsh in form aforesaid Neverthelesse one Matthew
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
every one of the xxiiij Iurats shall swear that he will together with his fellows â—ustly make all Iudgements and Decrees not favouring rich or poor either in making distresses or in what concerns the Banks Land-eas Water-gangs Sewers Ditches and Gutters or the removing of Bridges and other impediments whatsoever within the precinct of the said Marsh and punishing of Trespassers And that they be observant to the Bayliff of the said Marsh for the valuing and selling of the distresses taken and impounded for three dayes or more in the places accustomed And that they cause all the Iudgements and Decrees by them made to be enrolled and thereof an Indenture to be made betwixt them and the men of the said Marsh for the time being 9. Likewise the Collectors and Expenditors chosen as aforesaid shall swear that they will faithfully levy collect disburse and make accompt of all the Taxes and Assessments made by the Lords Bayliff and xxiiij Iurats or the greater part of them And the same course shall be observed in all the Water-gangs within the precinct of the said Marsh and before every of the Lords of the Towns if they will be present thereat 10. Also the Bayliff shall swear that he will make faithful execution of the Iudgements and Decrees of the before-specified xxiiij Iurats and of those things which do pertain to them to judge and determine ofâ— As also that in his proper person he will chardge upon all the Collectors and Expenditors by Oath that they shall faithfully levy collect disburse and accompt for aswel all general Taxes as several Water-gangs so assessed as abovesaid And that he will in person take view of all the Banks Land-eas Water-gangs Sewers Gutters and Bridges when need shall require at least twice in the year viz. once in the month of January and afterwards in the moneth of June And that he will deliver unto his successor all the evidences which he hath in his custody aswell the Charters of the Kings of England concerning the Liberties and Customes of the said Marsh as the Roules of Iudgements Decrees and Awards made by the said xxiiij Iuratsâ— with every processe of accompts of the Collectors and Expenditors whatsoever done in their times And the Clerk of the said Bayliff shall have for his Fee from the Commonality of the said Marsh vis. viijd. 11. Moreover it shall not be lawfull for any man thenceforth to make any Dams or Fords or other impediments in any Land-eas Water-gangs Ditches or common Water-courses in the said Marsh whereby the right course of the waters may in any sort be hindred And if they shall so do and testimony given thereof by the Baylik and six of the Iurats or the Commonality of the Water-course where such danger shall be made he shall be forthwith amerc'd according to the proportion of his offence by the said Bayliff and xxiiij Iurats which amercement to be likewise forthwith levyed to the common benefit as aforesaid And neverthelesse if any other than the Commonality shall receive damage by that means and that proof be made thereof by the testimony of the Bayliff and six Iurats satisfaction shall be made to him for the same 12. Likewise they did ordain and appoint that every Tax assessed in the said Marsh should be proclaimed in certain publick places and a day of payment thereupon assigned And this Proclamation to be so made that no man might plead ignorance as to the time and place he ought to pay it at 13. And they did farther ordain and decree that every Acre for the Banks in Ditches and Water-gangs be bought for xls. and that it shall not be lawful for any man to draw away any workmen being in the publick work for his own private imployment nor to take them to any other place till that work be perfected And if any man shall be found faulty therein by the testimony of the Bayliff or Iurats in the common Last he shall be amerc'd in xs. to be forthwith levyed by the said Bayliff to the common benefit as abovesaid 14. Also they ordained and decreed that all the Water-â—ourses within the said Mash by whatsoever Lands and Tenements in each Chanel be so kept that the water shall not run out of it's right course to the damage of any man upon penalty of the value thereof to be levyed by the said Bayliff for the behoof of the Commonalty when any shall be found guilty thereof in the common Last by the testimony of the Bayliff and six Iurats 15. And because of antient time it was appointed by the King that all the maritime Lands from the Isle of Thanet unto Pevenese aswell in the County of Kent as County of Sussex should be governed by the Laws Ordinances Statutes and Customes of the said Marsh of Romene it shall be lawful to the said Bayliff and xxiiij Iurats to require and have his reasonable chardges of those which shall have a mind to bring them to the places be they Lords or of the Commonalty where they ought to make their Ordinance according to the maritime Law aswell in the Banks as Water-gangs Gutters Sewers and Fishings and other things whatsoever touching that Law 16. And Lastly they ordained and decreed that if any person should make a rescue from the Bayliff of the Marsh or his Officers of any distresse whatsoever taken by any of them by virtue of the before-specified Articles or any Ordinance made or to be made for the benefit of the said Marsh and thereof to be found guilty by the testimony of the said Bayliff and six or eight of the said xxiiij Iurats or of the Water-course where the distresse shall fortune to be taken he shall be amerc'd in xls. to be levyed to the Bayliff for the use of the Commonalty as aforesaid And in the same manner it shall be done in those places where the maritime Law is used within the Isle of Thanet and Pevenese whether in Kent or Suffex After this I have not met with any thing else of this Marsh worthy the observation untill the 43º E. 3. that the before-mentioned Thomas de Lodelowe as also Robert Belknap Iohn Woodhall Roger Dygge William Topclive and William Horne were constituted Commissioners for oversight of the Banks and Ditches therein Nor from that time till 48 E. 3. that William Latymere Constable of Dovor Castle and Warden of the Cinque Ports Thomas Reynes then his Lieutenant Roger Dygge and some others were assigned by the King to view the Banks Water-courses c. thereof lying betwixt the Towns of Hethe and Newendon By which Commission they had power to imprest so many Carpenters and other Labourers as they should deem necessary for the accomplishment of the work in hand wheresoever they could be found within the County of Kent To King Edward the 3d succeeded Richard the 2d in the first year of whose reign it appears that
proceed farther therein because they had not power to compell the said King thereto as by the â—â—nor of the said Inquisition appeareth He therefore for prevention of the damage and peril which for default of such repair of those banks c. might happen being willing that in what concern'd himself all should be done according to reason commanded them the said William Robert and Robert that they should assesse his said Lands for contribution to those repairs according to the quantity of them as they did others for theirs And moreover gave command to Stephan Padiham his Bayliff of Ihamme that he should contribute out of the profits of that Mannour towards those repairs according to the proportion of what the said King held in those Marshes in such sort as others did to the end that the said repairs might not any wayes be retarded In 14 E. 3. Geffrey de Cotes Thomas de Weyvill and Philip de Ellevenwyk had Commission for the view and repair of the banks c. on the Sea-coast in the Marsh neer Pevenesey and Willingdon and those adjacent And the like Commission in 15 E. 3. had Iohn de Frenes Will. de Notton Rob. de Sharenden Thomas de Battenham for those betwixt Bremesley in the Parish of Bixle and a place called the Slough lying betwixt Pevenesey and North Eye And in 16 E. 3. the King by his Precept directed to Iohn Clynde then Bayliff of his Mannour of Ihamme wherein he reciteth his commands to Stephan Padiham his Bayliff of the same Mannour in the 10th year of his reign as I have already shewed and the necessiâ—y of the repair of those Banks in Northe mershe and Spadelonde gave him also strict chardge that he should not omit to contribute out of the revenue of that Mannour according to the proportion which he the said King had in those Marshes in such sort as others did for their Lands forasmuch as the said Banks were at that time for the most part very ruinous But notwithstanding this great care which it appears the King had the work was not perfected of three years after for in 19 E. 3. I find the like Precept directed to the same Stephan who was again his Bayliff of the said Mannour in that year In 17 E. 3. Sir Andrew de Sakevill Sir Andrew Peverell Sir Iohn de Fiens Knights and William de Sessingham had Commission to view and repair the Banks c. in Wretling Hoo Nonfield Ashburnham and Bixle Pevenesey Shipegongebrigge and also Piglynde What was done in that Marsh of Spadelonde before mentioned in pursuance of the said Kings Precept I cannot say but this is certain that within few years after through the force of great Tempests the Sea-banks betwixt Winchelse and Dauneswalle and betwixt Pykammyll and Trecherie were so broken and decayed that as well the Kings Lands as the Lands of divers other persons in that Marsh were overflowed at every Tide to the danger of their utter ruine and the apparent depauperation of the Town of Winchelse and the parts adjoyning The King therfore for the speedy repair thereof did in the 25 of his reign assign Iohn de Ore Stephan de Horsham Robert Arnald and Will. de Pageham his Commissioners to view them and to take order therein In like sort in 32 E. 3. were Sir Iohn Waleys Sir Hugh de Boucy Knights Thomas de Thorpe and others appointed Commissioners for the view and repair of those in a certain place called Pende betwixt the Towns of Brembre Shorham and Launcyng So also in 33 E. 3. were Iohn de la Lee Andrew Saukevill and others for those Banks in the Marshes of Pevenesey Bourne and Wylyngdon The like Commission had they the year following for those in the Marshes of Peveneseye Wylyngdon and Estburne between Hastings and Sefford and the parts adjacent So also in 36 and 38 E. 3. And in 40 E. 3. Raph Spigurnell Robert Bealknap Andrew de Guldeford and others were assigned to view and repair the Banks of those Marshes within the liberty of the Town of Rye towards the East unto the Kings high way which leadeth from Pladen unto the same Town of Rye and towards the South to the said Town of Rye and towards the West to the Sea-bank called Melflet and towards the North to the lands which are called Bernardeshill from Kyngeswyst with direction to determine all things therein according to the antient Law and Custome of this Realm Upon an Inquisition taken in 42 E. 3. the Jurors presented upon their Oaths that one William Fishburne Clerk had then newly made a stone wall upon the Sea-coast at Boseham in pure almâ— and of his meer and free will without any cohercion whatsoevâ—r whereas before that time there had not been in the memory of man any Bank or defence there against the Waves of the Sea but the ground lay waste through the ebbing and flowing of the Tides And they farther said that the Bishop of Exeter was then Lord of the Town of little Boseham and that his Lordship there lay abutting on the Sea-shore in length viz. â—rom the Prebend of Fouctone to .............. of Boseham on the East part to the Prebend of Westebroke in the said Church on the West part excepting one Watermill a Smiths Forge and a Cotage and that the said Bishop had divers edifices there in the hands of Bondmen which were then worth by year beyond reprises xiijs. iiijd. And that several other persons had also Lands there And moreover that the said Bishop and the rest of the Land-holders there were bound to contribute towards the making defence against the Sea-tides there according to the proportion of what they held And in the said 42 year of E. 3. it appears that Robert Bealknap Robert Churchehull William Merlot Iohn VVyn and others were appointed to see to the repair of those Banks c. at Boseham In 44 E. 3. Godfrey Folejaumbe Robert Bealknap Roger Ashburnham and others were constituted Commissioners for the view and repair of the Banks betwixt the Towns of Borne and Rye In the like sort were the Abbot of Battaile Rob. Bealknap Roger Ashburnham and others in 48 E. 3. In the same year the King being informed that the Burgers of Wynchelse had for the advantage of that Town and benefit of the whole Countrey built a certain Bridge at Pypewel over a water called the Chanel of Wynchelse upon the said Kings soyl on both sides of the water for the passage of people and all carriages which was not done with little chardge And that by the violence of the Tides and flouds of fresh water passing to the Sea the said Bridge and banks on each side the said water betwixt the said Town of Wynchelse and the Towns of Odymere and Rye were so broken down and ruined and all the High-wayes about the said Town of UUynchelse so overflowed that
so to Sakevylestrow and so to Yortham thence to Rikenebrigs and so to the old Sluce of Pevenese time out of mind with the rest of the Tenements in the said Town of Wortlyng Eltham Herst-Monceux c. And without that that by evacuation of the fresh waters by those Gutters and Sewers though they should be so repaired and made as by the Presentment was supposed they should have benefit and safeguard and this they were all ready to justifie c. And William Grangiam the King's Attorney there at that time said that the Sewer beginning at the boundary called Squabber tending to Gorebreggs and so to Sakevylastrowe and thence to the old Sluce of Pevenese had been usually repaired in common by the Landholders in the said Towns of Wortlyng Otham Herst-Monceux c. and that by such evacuation of the fresh waters by those repairs they had commodity and safeguard as in the said Presentment was alleged c ..................... ................................ In 3 H. 4. Thomas Erpyngham Constable of Dovor Castle the Prior of Michelham Iohn Pelham William Fenys Will. Makenade and others were constituted Commissioners for the view and repair of the Banks in Pevensey Marsh betwixt Birle and Bechief and to perform all things therein according to the Custome of that marsh as of the marsh of Romeneye and the Law and Custome of this Realm Whereupon the said Prior Iohn Pelham and William Makenade went unto Westham in the Parish of Pevensey upon Friday next before the Feast of S. Gregory by the consent of the Lords of the Towns the Bayliff and the xii Jurats otherwise called Skawers and of the Commons of the said Marsh and ordained these following Statutes for the due governance of the same marsh and salvation thereof in the time to come First because there was no certain Law of the said Marsh ordained nor used before that time but at the will of those Lords who had Lands within the same so that divers perils and hurts intolerable dayly grew therefore for eschewing thereof and for increasing of the common profit they ordained and fully agreed that a principal Court should be yearly held in the said Marsh within xv dayes of the Feast of S. Michael the Arch-Angel whereat one Bayliff xij Skawers as also Collectors and Expenditors of the Scotts or Assessments should be chosen by the Lords of the Towns of the said Marsh or by their Attorneys for the safeguard thereof which Bayliff to oversee the defects and the xij Skawers to make Orders and Decrees according to the Law and Custome of Romney Marsh and also that every man by lawful quantitie of his holding of common of Pasture and Fishing within the bounds of the said Marsh shall contribute by equal portions to the reparation and maintenance of the Banks Gutters Sewers Bridges and all other necessary things within the said Marsh by the consideration of the xij Skawers and that all the reparations of the said Banks Watergangs Gutters and Sewers be done as often as needeth the costs whereof to be made and raised in this form viz. That every man that hath any land subject to danger be it neer or far off from the said peril so that the said land may be saved or the owners have profit by the Banks Watergangs Gutts and Sewers before-mentioned shall be contributory for their Lands and Tenements according to the proportion of their tenure so that no man holding such Lands and Tenements under the form of afâ—resaid shall be spared in that part be he rich or poor of what state dignity or condition soever be he within Liberties or without and in case any man be negligent in paying of his portion at a certain day ordained by the Skawers for repairing the said Banks Gutts and Watergangs that then such men shall be distrained of their Goods and Cattell wheresoever they be found within Liberties or without within the Precinct of the said Marsh untill such time as they shall have duly paid their said proportions with their Wanes the which Wanes to be reserved to the profit of the Bayliff And that the said distresses taken by the Bayliffs and the xij Skawers shall be kept for three dayes and if the owner be obstinate or negligent of his payment during that time then that the said distress be sold and the mony reserved for the safeguard of the said Marsh against the violence of the Sea And that the common Bayliff of the said Marsh of Pevensey who hath lands within the same be chosen if it be profitable but otherwise that another be elected by the assent of the Lords of the Towns of the said Marsh or by their Attorneys in sitting and holding of the Courts and Lasts at West Ham or at some other lawful place within the bounds of the said Marsh and within xv dayes of the Feast of S. Michael before-mentioned yearly upon the summons of the Bayliff except the said Bayliff for some reasonable cause happen to be changed within the said year and another be chosen in his stead And if the said Bayliff be present at such his election and will not accept of that Office that then he shall be amerced by the Electors in xls. which the succeeding Bayliff shall levy of his Goods and Catalls to the comman profit of the said Marsh and so forthwith a new choyce of another Bayliff to be made who shall accept of that Office and take his Oath and have for his labour the Wanes that fall in his time of the Scotts so assessed and levyed And if the said Bayliff so chosen be hindred by any man so that he dare not accept of that Office by reason of any threats that then he which so threatneth him or by any suggestion causeth him to decline that Office shall be punished by the Electors in such sort as the Bayliff himself should be in case he refused the same Office And if the Bayliff be absent at the time of his election that then he be distrained by the Bayliff of the Marsh his Predecessor by all his Goods and Catalls the which shall be pounded in certain places ordained by the said Electors and there kept unto the time the said Bayliff go to the Constable of the Castle of Pevensey the Abbot of Begham or Prior of Michelham or to one of them and make his Oath accepting of his said Office whereupon he shall receive Letters of him who hath so taken his Oath sealed with his Seal and directed to the Bayliff his Predecessor And thus shall he do within six dayes after his election and if he do not so he shall then be punished as aforesaid and forthwith a new choyce made And at this principal Last or Court the common Collectors and Expenditors of all the general Scots before-mentioned shall make their accompts before the Lords of the Marsh or their Attorneys if they be present before the Bayliffs xij Skawers and the Commons of the said Marsh which Accompts to be
written and indented betwixt them the Bayliff the xij Skawers and all the Commons of the said Marsh and so in like wise the Bayliff to make his accompts of such things as pertain unto him to account for And if any of the said xij Skawers make default at the said Last or principal Court except they have a reasonable excuse they shall be amerced in xijd. to the common work to be levyed by the Bayliff Likewise if any of the Skawers dye or be put out of his Office within the year upon any reasonable cause that then another be chosen and put in the principal Last or Court by the Lords of the Fee the Bayliff the xij Skawers and the wisest eldest and most discreet men of the Commons of the said Marsh. In like manner that election be made of the Collectors and Expenditors so that they be not chosen of the before-specified xij if any other may be found able within the said Marsh. And if any of the said xij Skawers Collectors or Expenditors be chosen and will not make his Oath according to the said Ordinance that then he be amerced in xxs. to be levyed for the common work as aforesaid and after that another be forthwith chosen and sworn And moreover if the xij Skawers be summoned to come to the common or principal Last or Court and there appear not above the number of four whereby the Decrees and Awards for safeguard of the said Marsh cannot proceed for want of more that then every person so absent shall be amerced in six pence by ihe Bayliff and Skawers then present which money shall be levyed by the Bayliff and be by him accounted for at the principal Court Likewise every man singularly of the said xij Skawers shall swear that he shall with his fellows make true Iudgements and Awards not sparing rich or poor neither of their Distresses Banks Landings Watergangs Sewers Ditches Gutts Bridges Nets or other impediments within the bounds of the said Marsh but that the trespassers be punished and also that they in their proper persons be attendant on the Bayliff of the said Marsh to take distresses and to impound them for three dayes and after that to prize and sell them according to the Custome of Romney marsh And the said Collectors and Expenditors shall swear that they shall truly cause to be levyed and Collected as also expend and account for all manner of Scottis by the Lords of the Fee Bayliff and xij Skawers or of the greater part of them and so in this manner to be made and kept in all In-streams within the bounds of the said marsh before the Lords of the towns of what In-stream soever it be if they be present Also the said Bayliff shall swear that he shall do true execution of all manner of Iudgments Awards and Considerations made and judged by the Skawers of the said marsh And likewise the said Bayliff in proper person as also all Collectors and Expenditors aswell of general Scottis as of In-streams shall swear and chardge them truly to gather and expend the said Scottis and thereof yield a true accompt And the said Bayliff in his proper person shall oversee all Banks Landings Watergangs Sewers Guts and Bridges as often as need is And shall deliver to his successor in that Office all manner of Evidences Records Payments and Exemplifications which contain the Customes of the Marsh with all the Court-Rolls Iudgements Considerations and Awards of his time made by the Skawers and judged with all manner of Accompts of receipts and disbursments Furthermore the Bayliffs Clerk shall have for his labour of the Commons of the said Marsh vis. viijd. Also it shall not be lawfull hereafter to any man to make Dams Fords set Nets or any other impediments in the Landings Watergangs Ditches or common streams in the said Marsh whereby the right course of the water may be letted and if the right course of the water be hindred by any man in such manner as aforesaid and testimony given thereof by the Bayliff and six Skawers or the Commoners of the In-streams where the hurt was made that the trespasser shall be amerced forthwith according to the proportion of his trespasse by the said Bayliff and the xij Skawers which Bayliff shall levy the said Amerciaments to the common benefit as aforesaid And if any other man than the said Commons be damaged in like sort and testimony made thereof by the said Bayliff and six Skawers recompence of the same shall be given and the harms amended to him that is so wronged according to the discretion of the Bayliff and the Skawer Likewise every Scot assessed shall be proclamed in certain places and dayes of payment assigned where and in what place they shall be paid so that those that are assessed may have no excuse but that payment be duly made at the day prefixed Moreover every acre of land lying by the said Walls and Watergangs where Guts or Floudgates ought to be made shall be bought for xls. No man shall take away from the common work any Labourer or Workman to his own private imployment untill such time as the said common work be finished and if any man shall do contrary to these Ordinances he shall be amerced in the common Last or Court by the Bayliff and the Skawers in xs. to be levied by the said Bayliff forthwith to the common profit as is before expressed Also that all manner of In-streams by whose Lands or Tenements soever they go be kept in such sort that the water exceed not it's right course to the damage of any man upon penalty of the value of such trespasse to be levyed by the said Bayliff of the Marsh and six Skawers And if any man do make an assault or rescue against the said Bayliff and the xij Skawers or against any of them or their servants for the taking of distresses or for any other manner of Article appertaining to the execution of their Offices for the common profit according to the Ordinance before-specified that then the said trespassor shall be amerced by the Bayliff and six or eight of the xij Skawers in xxs. which shall be levyed by the said Bayliff to the common work Lastly it shall be lawfull to the said Bayliff of the Marsh and the xij Skawers during their term to distrain the trespassers by their amerciaments for all manner of Articles before rehearsed and to keep the distresses three dayes except the owner pay what is due within that term And if he so do that then it shall be lawfull for the Bayliff to sell the said distresses and keep the money unto the common profit of the said Marsh. In 4 H. 4. the same Thomas Erpyngham and Prior of Michelham Will. Brenchesle and others had the like Commission for those Banks within the Precincts of Batesford Asheburneshammesmylie and Goddyngeshavene and to act therein according to the Law and Custome of this Realm Before which Commissioners the Jury presented
pasture And moreover that if the same water should be brought to Milnewel Cryke as the Inhabitants of Grimâ—sâ—y desired it would be forced back by the Sea-rides and overflow the land at great Cotes little Cotes and Lysceby to the damage of those Towns xll. per annum excâ—pt the Chanel of Mylnewelcryke were sufficiently digged and strong Sluses made to keep back the tides And they moreover found that the said water was near to the same town of Grimesby and that the Chanel so made ought to contain in length Cxl perches and every perch to be xx foot in length and in bredth xij perches And that the Burgesses of that Town might have benefit by the said current of water for the clensing of their Haven and that it might be yearly worth vis. viijd. Upon a pleading in 18 E. 1. touching the repair of a Sea-bank at Thedelthorpe in a certain place there called â—othun it appeareth that the King assigned Will. de Carleton and Will. de Candelesby to view the same and to take order for the repair thereof who thereupon ordained that every Acre should be taxed alike for supporting the chardge thereof notwithstanding any Custome to the contrary but the businesse was not fully determined at that time because the Jurors appeared not till the Octaves of S. Martin In 26 E. 1. upon a sute concerning the repair of the Ditches and Sewers at Waynflete the Jurors found that the Custome of that Town was such that the Ditches there ought to be clensed every year for the drayning the lands belonging to that place and that every Inhabitant thereof having lands there ought to be assessed and taxed according to the quantity of his lands to contribute to the chardge of such clensing and scouring of them And they also found that one Roger the Son of Walter de Waynflet being then assessed at two shillings for xxiiij Acres of land which he held there denyed not the said Custome but alleged that the mony taxed for those repairs ought according to the said Custome to be levyed and collected by certain of the Inhabitants of the said town called Dyke-rieves and not by any others The next year following upon a sute commâ—nced by Alan the son of Peter le Toller of North Weynflete against William le Toller for the distraining of his Cattel at South Weynflete in a certain place called the Sale ham the said William justified the taking of that distresse and said that such was the Custome in that Townâ— of North Waynflete that as oft as the Sewers there made for drayning of their lands did want repair they ought to be viewed by the Commonalty of that place and that thereupon every person having lands and Tenements there ought to be assessed for the repair of those Sewers according to the proportion of his said lands And the said William farther affirmed that the said Alan was assessed by the before-specified Commonalty for the repairing of seven Perches of a certain Ditch opposite to a place called Cannon dayle by reason of seven acres of land which he held that in former time belonged to the Ancestors of one Iohn de Bardne and lay abutting upon that Ditch where the said seven Perches wanted repair and that he the said Alan neglecting to repair the same was distrained as abovesaid Wherâ—unto the said Alan made answer that he did acknowledge the before-specified Custome yet said that he was not to perform those repairs in respect of the seven Acres above-mentioned but for other Tenements viz. xl Acres of land with the appurtenances lying in Waynflete aforesaid And in the same year upon another sute betwixt the said parâ—ies upon the taking of the like distress the before-specified William avowed that such was the Custome in that Town of North Waynflete that certain of the Inhaâ—itants therâ—of were assigned to view the Marsh-Ditches therein every year on the Feast day of S. Andrew and to present the defaults which they should find in them at the next Court of Henry de Lacy Earl of Lincolne then Lord of that Town And that every Tenant of that Lordship who ought to make any repairs there to be amerced in xvid. at the said Court VVhereunto the said Alan answered that there might have been a sufficient distresse found by the same William and not to have taken his Cattel which were for the Plow In 28. E. 1. Thomas de Burnham and Raphe de Friskeneye were constituted Commissioners to view and repair the Banks and Sewers in the Marshes of Mersâ—e and Lindeseye and chiefly the obstruction of a Sewer in those Marshes called the Flete So also were Thomas de Burnham and Gilbert de Toutheby for those Ditches and Gutters in North Weynflet Divers other Commissions of the like nature do I find viz. in 32 E. 1. to William Howard Thomas de Burnham and Raphe de Freskeneye for the view and repair of all the Banks and Ditches upon the Sea-coast in these parts of Lindeseye In 33 E. 1. to the said Thomas de Burnham and Thomas de Gunneys for those in the parts of Malberthorp Thedilthorpe and Saltfletby In 34 E. 1. to the same Thomas de Burnham Henry de Bayeux and Roger de Cubbledike for those at Little Cotes upon Humbre In 35 E. 1. to Raphe de Friskenay Henry de Bayeux Gilbert de Toutheby and Robert de Malborthorp for all the Banks and Sewers in this Province of Lindsey In 2 E. 2. to the said Henry de Bayeux Nich. de Bolyngbrok and Walter de Stalynburgh for those at Northcotes Tetenay Humberstan Thernesco Itterby Hole Grymesby little Cotes and great Cotes upon Hombre As also to Rog. de Scotere Walt. de Freskeneye and Alan de Reytheby for those at Malberthorp and Thedilthorpe In 4 E. 2. to Iohn de Kyme Adam de de Welle Will. de Malberthorp and others for those betwixt Mumby and Saltfletby In 6 E. 2. to the said Henry de Bayeux Nicholas de Bolingbrok and Walter de Stalingburgh for those betwixt Grimesby and Hotoft and upon Trent betwixt Burton-Stather and Torkesey In 7 E. 2. to Philip de Kime Roger de Cubbeldyk VValter de Friskenay and Rob. de Malberthorp for those Banks Ditches and Sewers throughout this whole Province of Lindsey The like Commission had Thomas Wiloughby VValter Friskenay Robert de Malberthorpe and Robert de Rigge in 11 E. 2. So also in 12 E. 2. had Simon de Chamberlayn Gilbert de Toutheby and Robert de Malberthorpe In the same 12 year of E. 2. to Roger de â—ubbeldyke Simon le Chamberleyn and VValt de Friskenay for those Banks and Sewers upon the Sea-coast betwixt Friskenaye and Thorpe near Waynflâ—te In 14 E. 2. to Robert de Malberthorp Simon Chamberleyn and Thomas VVillâ—ghby for those betwixt Cokhill and North cotes In 18 E. 2. to VValter de Friskeney Robert de Malberthorp
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
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
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
in those Bridges and Ditches And they also said that the Town of Donyngton ought and had used to repair the Sewer of Scathegrafte Swyneman dam and Swane lade in bredth xvi foot and of such depth as that the water running to the river of Byker and so to the Sea were not hindred Which Sewer ought to be open from the first day of March until the feast of S. Martin in Winter and so likewise from the said feast of S. Martin until the first day of March except so great an inundation from the Sea should then happen as that the said Sewer would not be sufficient but that the Province of Holand would be drowned In case of which inundation that then it might be lawful for the said Town of Donyngton to stop those Sewers and presently upon the fall of the water to open them again Which said Sewers were then obstructed through the default of the said Town of Donyngton that ought to have scoured the same And the said Juros farther said that the Town of Byker ought to repair and clense the said Chanel from Bondstake to Quadring to the bredth of xxiiii foot and that the Town of Quadring with the Commoners belonging thereto ought to scoure and repair the said Chanel unto Gosbirkirk of the same bredth And that the Town of Gosberkirk ought to do the like from thence to the Sea to the intent that the fresh waters might not be hindered by the said Chanels and Sewers And they said that the stream of Byker was then obstructed from Bondstake to the Sea through the default of the towns of Donyngton and Quadring and the Commoners of Gosberkyrk who ought to have clensed the same And they said moreover that the Chanel of Byker where the Dam was ought to be open throughout the whole year but that it would be more expedient that the town of Byker for the particular commodity thereof and for the benefit of the whole Countrey should make a certain Clow with two Dores each of four foot in bredth which Clow to be always open excepting in the time of mighty floods from the Sea And they also said that the Gutters and Sewers in Quadryng were then obstructed by the town of Quadring and the Commoners thereof and that it ought to be in bredth xvi foot and of such depth that the current of the water might not be hindred as also that it ought to be clensed and repaired by the said town and the Commoners And that the Sewer of Gosberkyrk called Risgate Ees and the Sluse betwixt the Fen and the Sewer which ought to lye open all the year as Scathegrafte and Swanelade used to do were then stopped by the Abbot of Peterborough and town of Gosberkyrk and that the town of Gosberkyrk with the Commoners ought to clense repair and amend the said Sewer Gutters and Sluse in such places where it had antiently wont to be viz. through the midst of the Fen belonging to that Abby And they said likewise that the Sewer of the Beche which ought to be repaired and clensed by the towns of Gosberkyrk Hynsebek and Surflâ—te from the Fen unto Surflete and thence to the Sea was obstructed through the default of those Towns and that one Richard de Hodell had raised a Bank in the course of the said Sewer by which the passage of the water was hindred And they farther said that the Sewer of Brigefleet was obstructed by the Town of Hekyngton and that it ought to be clensed and repaired by that Town unto the river at Swynesheved the Chanel there being sufficient to carry the water down to Kyme mouth Ee where it was then stopt by Philip de Kyme to the great damage of the Country And that the Sewer called the Encluse neer Boston ought to run at all times of the year and that it was stopped every Winter by the men of Boston at the West end of the Bridge as also that it ought to be three foot in bredth And that it ought to be repaired and maintained at the VVest end of the said Bridge by the Inhabitants of Boston And they likewise presented that the Sewer called Hamondebek on the South side of Boston was also obstructed by the Inhabitants of that Town on the West part of the said Bridge and by the Inhabitants of Skyrbek And that it ought to be repaired clensed and maintained by the said Inhabitants of Boston and Skyrbek in consideration whereof the said men of Boston living at the West end of the said Bridge ought to common in the Marsh of the eight Hundreds and that the said Sewer ought to run at all times in the year And they said moreover that the men of the eight Hundreds ought to clense the Chanel of Swynesheved from Blalberdeboche unto the North part of Swinesheved Town and that the said Town of Swynesheved ought to scour the same Chanel from thence unto the stream of Byker And that the Towns of Iwardeby and Onsthorpe ought to repair and maintain the South side of the water which runneth from Happeltrenesse to Kyme and that it was then in decay through the neglect of the Prior of Haverholme who ought to repair a great part thereof and refused so to do And they farther said that Philip de Kyme who ought upon his own ground to repair a certain part of that side at the Wathe mouthe did fail in doing thereof and so through the default of the said Prior and Philip the whole Marsh of Kesteven and Holand was overflowen and drowned to the destruction of all those Countries And that the said Philip did divert the course of that water to the great prejudice of the Country and especially of the Prior of Kyme And they likewise said that the Prior of Haverholme ought to find a certain boat at the Bothe neer to the Wathe mouthe for to carry over foot-folk aswell by night as day whensoever any one should pass that way and that he did neglect so to do to the great damage of such people that had occasion to pass that way And they said that the said water was the publick passage for all the Kings liege people from Kesteven to the river of Wythum And they said moreover that the Chanel called the Old hee between the Marsh of Holand and the Marshes of Hekyngton and Kyme ought to be repaired and clensed by the men of the eight Hundreds of Holand on the East part and by Henry de Beaumont or the Lord of Hekyngton and Commoners of that Town And on the West part by Philip de Kyme from Blalberdebothe to the water of Kyme and that it was there obstructed by Philip de Kyme And they also said that the Town of great Hale with the Commoners there ought to repair and maintain a certain Causey from Gerwyk to Pyngelhyrne both for Foot and Horse-men And that the beforespecified Town of Hekyngton with Gerwyk ought to clense and repair the Chanel of Gerwyk unto the water of
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
said Duke by his own power removed the said Abbot from that bank and compelled him more by violence than any reason to make a bank from Dyke end to Wodelode which banks the said Duke and his Lordship ought to have made by reason whereof the said Abbot and his Tenants were chardged more than they ought to be almost by three parts In Easter Term which was held at Lincolne xxiij E. 3. the Jurors for divers Wapentakes in this County presented that a certain Sewer called ShepEe had antiently wont to run from South Ee from a place called Douvefdale through the midst of the Precinct and circuit of the Abby of Crouland by a place termed Sandistowe and so directly to the gates of the Brother houses which is a Mannour of the Abbots of Crouland and that it did there descend into an antient Sewer called the Old hee and so Westwards under the Gates and Bridges of Brother house unto a Pool of the said Abbots there where Henry at that time Abbot of Crouland had erected a certain house for Oxen upon the said VVatercourse and Sewer of Old hee where it had used to run by right and so fall into the River of Weland for the benefit and Commodity of Cambridge Lincolne Northampton and Huntendon shires and of all the grounds from Tydd S. Maries in Lincolnshire unto Baston on the borders of Kesteven as also unto Surflet in Holand and that it ought to be xx foot in bredth And they said that the same Sewer called Shep Ee was first obstructed by Roger sometime Abbot of Crouland and that the same obstruction was at that time upheld by the before-specified Henry the then Abbot to the great damage of those Towns as lye betwixt the Town of Tydd S. Maries and Surflet And moreover they presented that there had wont and ought to be a certain common high way from Spalding unto Brother house and from thence to Crouland of such bredth as that all passengers might travel thereon with Horses Carts and usual droves of Cattel which Road-way ought to be repaired by the Abbot and Town of Crouland who likewise ought to make Bridges thereupon over all the Trenches and repair them as often as need should require so that the passage of Travellers might not be hindred as then it was to the great damage of the common people And they likewise presented that the said Road-way from Brotherhouse was obstructed by a certain Dunghill laid there by the said Abbots servants to the hinderance of all people passing that way And they farther presented that the before-mentioned Henry then Abbot of Crouland with his Covent had appropriated to themselves the particular soil of that high way at the end of Crouland town and planted willows and other trees thereon to the great hinderance of those that passed thereon And they likewise presented that there was a certain Causey made by the town of Spalding for the benefit of that place directly from Wode lode unto Midfen of Deping for safeguard of the Pasture of Deping and that the said Henry Abbot of Crouland had in the night time broken down the same Causey to the damage of the towns of Spalding and Pyncebek as also that the water of Spalding could not be preserved unlesse the same Causey were repaired and maintained By reason of which presentment the Shireeve had command to summon a Jury who appearing accordingly said upon their Oaths that the Sewer called Shepee was a certain Ditch and one of the bounds of the precinct of Crouland Abby and so had been time beyond memory which boundary did extend it self to certain other limits of the said Abby called Asewygtoft and from thence to other limits of the same Monastery And they said that there was not then nor ever had been any common Sewer running from South Ee through the midst of the precincts of that Abby since the time of memory And they also said that there was not then any common Sewer at the Brotherhouse but that the Sewer there was only a drayn peculiar to the Precinct of the before-specified Abby and within the several grounds of the said Abbot and boundaries aforesaid as also at the pleasure of the Abbot and Commodity of the Abby viz. to make it and stop it again in what place soever the Abbot and Covent should think fittest And that the Ox-house there built was in the several soil of the said Abby and within the before-mentioned limits And they said morever that there was not any common Road-way for passengers by land from Brotâ—erhouse to Crouland but only for all passengers by Barges and Boats in the River of Weland and that in consideration of hire to be given by those who were owners of the said Vesselss And that the said Abbot and Town of Crouland ought not to repair any way there nor make or maintain any bridges And they likewise said that the servants of the said Abbot did not obstruct any way at Brotherhouse by any Dunghill but they said that the place where the same Dunghill lay was the particular soil of the said Abbot as in right of his Church of Crouland and within the limits of that Abby neither was it laid there to the hinderance of any passengers And they also said that there was not any common Road-way at the end of Crouland town excepting in the River of Weland with Barges and Boats for all passengers upon hire And that the place where the said Abbot had planted willows was and had been his own proper soilâ— time beyond memory in right of his Church of S. Guthlake at Crouland And as to the Presentment that there was a certain Causey made by the men of Spalding for the benefit of that Town directly from Wode lade to Midfen of Deping they said that the same Causey was wholly upon the land of the Abbot of Crouland and not to Midfen of Deping And that the said Abbot was Lord of the Mannour and Town of Crouland within the precinct whereof was a certain Fen called Goukeslound which Fen was the proper soil of the said Abbot and so had been of his Predecessors time out of mind as parcell of their Mannour and Town of Crouland And they said moreover that the floud of fresh waters descending from the West into the said Marsh â—ad always used to passe from thence into the River of Weland and so to the Sea And that certain men of Spalding and other Towns had raised the said Causey upon the soil of the said Abbot of Crouland where never any Causey was before by which means the current of the fresh waters flowing in the said Marsh was stopped and by that obstruction the Marsh of Goukeslound and other Marshes adjacent thereto were overflowed and the Abby and Town of Crouland in danger of drowning And the said Abbot perceiving the said Causey to be so unjustly made and to the danger of drowning the before-specified Abby and Town came and caused it to be
Withum And that the Ditch which is called the Did hee lying betwixt Holand fen and Hâ—kinton fen and Kime Fen ought to be clensed and repaired by the Inhabitants of the Eight Hundreds of Hoiland on the East part and by Henry de Beaumond Lord of Hekinton and the Commoners of Hekinton and Philip de Kime on the West part and from Balbardesbothe to the River of Kime and that it was there obstructed by Philip de Kime And it was then also presented that the Town of grâ—at Hale with the Commoners ought to repair and maintain the Causey of Gerwik unto Pingelhirne both for Horse-men and Foot-folk And that the Town of Hekinton with Gerdwikâ— ought to clense and repair the stream of Geâ—dwike unto the water of Swineshed viz. unto Balberdesbothe and that it was not then done but the half of the said stream unto the Park on the South side thâ— Parson of Hale ought to clense and repair And it was likewise then found that Burtonebrigg was a common High way and that the one half thereof ought to be repaired and maintained by the Town of Burton together with the Caâ—sey on the North part and the other moytie by the town of Helpringham with the Causey on the South part so that horse foot-folk might at all time pass securely there and that it was then in decay And it was farther presented that the head of Caresdik was a certain stream which is called the South Ee and ought to be repaired and clensed by the Town of little Hale and the Commoâ—ers thereof on the one part and by the Towns of Helpringham and Biker unto Gobion Bothe on the other part And that Hatchtlode was a common Sewer and ought to run at the same time that the Sewer of Scathegraft did but was then obstructed by the Prior of Spaldyng and that it ought at the entrance of the water from the Fen to be one foot in bredth and as much in depth and within by the Town to be of six foot in bredth to the Sea and to be repaired by the Town of Pinceber to the Sea And moreover that Baston hee ought to be clensed and repaired by the Towns of Baston Thurlebi Obthorpe and Winelistorpe from Calebrigge to Estcote by raising of the Banks and clensing the stream on each part and from the Town of Estcote through Pincebec unto Surflete and from the Town of Surflet to the Sea which Banks did then stand in need of great repair and raising higher And that Brunne hold hee ought to be repaired raised clensed and maintained by the town of Brunne and the Abbot of Brunne from Brunne unto Goderamscote and from Goderamscote the town of Pinceber ought to rerepair the same to Surflet and the town of Surflet to the Sea for default whereof all the Fen of Holand and Kesteven were overflown and drowned And they lastly presented that Bollisgote in Multon was a common Sewer and became obstructed by the town of Multon and that the Gutter which was called the Gote was carried away by the Inhabitants of that place In 10 E. 2. Roger de Cubledik Laurence de Holbeche and Hugh de Gorham were constituted Commissioners for the view and repair of the Banks and Sewers in the Marshes of Gedney Holbeche Sutton and Flete The next year following the Abbot and Covent of Peterborough came to an Agreement with Sir Hugh de Cressey Sir Iohn de Ry Iames de Bark and other the Inhabitants of Gosbercherche and Surflete concerning a certain Sewer in the Marsh of Gosbercherche newly made from that place which is called Nâ—we Gote directly to Salten Ee the tenor of which accord was as followeth viz. that the said Monks of Peterborough did for them and their successors release unto the said Hugh and the rest and to their heirs all the action which they had in respect of any trespasse done to them touching that Sewer And moreover granted that the said Sir Hugh Sir Iohn and the rest of the Commonalty of the before-specified towns and their heirs should make the said Sewer through the midst of that Marsh xx foot in bredth according to the Kings ell as it then was as often as there might be occasion for the same to run for ever And if it afterwards did happen that it should be obstructed either by the flowing of the Sea or otherwise that in such case the said Sir Hugh and the rest above-mentioned and their heirs might have power to clense the same to the before-specified bredth with as little hurt or damage to the said Abbot and Covent as might be so that the said water might have it's passage as aforesaid In the same year Roger de Cubbeldyk Walter de Friskeney and Robert de Malberthorpe were constituted Commissioners for the view and repair of the Banks and Sewers in these parts of Holand The like Commission in 14 E. 2. had Alexander de Montfort Humphrey de Litlebury Everard de Flete and William de Fayreford for those upon the Sea coasts and parts adjoyning betwixt Tidbriggge and Surflete brigge So also in 15 E. 2. had Walter de Friskeney Robert de Malberthorpe and Roger de Cubledyke In 16 E. 2. Roger de Cubledyk and Alan de Cubledyk were appointed to view the Banks and Sewers betwixt the Bridges of Holand and Tid and to take order for their repair The like assignation had the said Roger and Alan with William de Faireford the year next ensuing for those betwixt the Crosse of Wolmerstye and Tiddbridge and for the preservation of the whole Country of Holand within the Wapentake of Ellowe before whom the Jurors presented First for the town of Pincheber that all the Sea-banks and those of the Marshes which were broken by tempestuous waves should be repaired and made higher and thicker than they had formerly been And that at that time there were many perches of those Banks broken and ruinous by reason that the lands which were chardged with the repair of them had long been in the hands of strangers and therefore they deemed it necessary that all the lands of the said Town of Pinchebec should be surveyed anew and after such survey every man to be assessed according to what he held And they also presented that the water called Brunne hee which had it's course through the midst of the before-specified Town unto the messuage of Richard de Cheile should thenceforth be stopt below the Weltres And because that could not possibly be done by reason of the water coming from far upon great falls of rain against which the said Town could not provide except there were a reasonable out-let made from the said messuage to the Sea by the River of Surflete which was too narrow by xx foot and that unlesse it were widened to that proportion the town of Pinchbec would be overflowed every year in regard that the said current ought to be larger at the out-let
Hue aud Cry as also for blood shed within his said Lordship at all times of the year After this viz. in the same third year of the said King Henry the sixth William Babyngton Sir Iohn Colvyll and Sir Henry Rocheforth Knights Will. Paston Tho. Derham and Iohn Mannyng were constituted Commissioners to view the Banks Sewers Ditches Bridges and Causeys betwixt UUalpole and Tilney and to determine all things therein according to the Law and Custome of this Realm as also to take so many Diggers and Labourers upon competent wages as they should think necessary for that service in regard of the great expedition which through the decay of those works was then required Several other Commissions were afterwards issued out in this Kings reign to the like purpose scil in 8 H. 6. to Sir Henry Rochefort and Sir Robert Clyftone Knights William Pastone William Goodrede Thomas Derham Simon Fyncham and Thomas Shuldham for all those Banks Sewers c. in the Towns of Uppâ—welle Outwelle and Enemethe betwixt the River which goth from Wellynhee to the Priory of Mullycourt and the River which passeth from Enemethe unto the said Priory and to proceed therein as abovesaid In 22 H. 6. to Sir Thomas Scales Kt. William Yelverton Hugh Prior of Wirmegay Thomas Trusbut Iohn Fyncham Thomas Salesbury William Willy and Raphe Geytone for those throughout the whole Province of Marshland and the parts adjacent from Marham to Wigenhale and to do all things therein according to the Laws and Customes of Romeney Marsh. The like Commission had the said Sir Thomas Scales William Yelvertone Thomas Trusbut William Eweyn and Thomas Salisbury in 30 H. 6. So also had Iohn Earl of Oxford Iohn Viscount Beaumont Iohn Heydone Iohn Fyncham and Iohn Bekyswell for all those betwixt the waters of Wâ—lle and the water which leadeth from Welle to Salterys lode and Wygenhale In 21 H. 7 the said Bank called the new Pokedike was totally measured and then found to contain in length from the house of Iohn Pye at Salters lode unto the house of Iohn Bekeswell at Northdelf xviij furlongs and xxvij perches the repair thereof belonging as followeth viz. To the Tenants of the Lord Bardolf xxij perches To the Town of Wigenhale three furlongs xviij foot and four inches To the Towns of Tilney Islington and Clenchwardon three furlongs xviij foot and four inches To Tirington three furlongs xviij foot and four inches To Walpole three furlongs xviij foot and four inches To UUalton and Emneth three furlongs xviij foot and four inches To Walsoken three furlongs xviij foot and four inches To Iohn Bekyswell opposite to his house at North delf xv perches And from Northdelf to Mullycourt it contained in length xiiij furlongs and seven perches whereof the repair belonged as followeth viz. To Walsoken two furlongs xv perches five foot and four inches To UUalton and Emneth two furlongs xv perches five foot and four inches To Terington two furlongs xv perches five foot and four inches To Tilney with Islington and Clenchwarton two furlongs xv foot and four inches To Wigenhale two furlongs xv perches five foot and four inches Memorandum that upon the seventh day of Iuly 21 H. 7. every Acre of ground in Marshland was assessed at four inches for the maintenance of the said Bank But notwithstanding this care taken for repair thereof such was the wickednesse of some people that they divers times made breaches in sundry parts of it insomuch as complaint being made in Parliament Aº 22 H. 8. this ensuing Act was thereupon made WHereas before this time divers evill disposed personnes of their perverse and evill dispositions maliciously at divers and sundry times have cut cast down and broken up divers parts of the Dike called new Powdich in Marshland in the County of Norff. and the Broken dyke otherwise called Oldfield dyke by Marshland in the Isle of Ely in the County of Cambridge By reason whereof aswell by the great aboundance of the Salt water as also by the course of the Fresh water entring and coming into and by the said part of the said Ditches so broken and cast down the grounds and Pastures within the Countie of Marshland in the County aforesaid have bene divers and many times drowned and surrounded with the water aforesaid so that no profit thereof might be taken by the owners and occupyers of the said ground And the Inhabitants within the said Marshland and the Levell of the same many and sundry times have been not only put to importunate chardges and expenses to their extreme damage and costs but also to their grete undoings having lost much of their Cattel and Beasts then being and depasturing upon and within Marshland aforesaid to their grete damage and losse and to the grete decay of the Common welthe of the Country adjoyning to the same And also by reason of the same waters much people have bene drowned in their beds within their houses and have lost the most port of their goods being within the same For reformation whereof it is ordayned enacted and established by the King our Sovereign Lord by the assent of the Lords Spiritual and Temporal and the Commons in the present Parliament assembled and by the authority of the same that every such perverse and malicious cutting down and breaking up of any part or parts of the said Dikes or of any other Banks being parcell of the Rinde or uttermost part of the said Country of Mershland at every time and times hereafter from henceforth by any person or personnes committed and done otherwise than in working upon the said Banks and Dikes for the repairing fortifying and amending of the same to be taken reputed and adjudged Felony and that the offenders and doers of the same and every of them be adjudged and reputed Felons And that the Iustices of Peace of the said Counties of Norfolk and Cambridge in the said Isle at every of their Sessions within the said Isle and Counties to be kept by the authority aforesaid have full power to cause enquiry to be made after every such offence so at any time in form aforesaid hereafter to be committed and done and to award the like processe against every of the said offenders with like judgement and execution of the same if they or any of them be thereof found guilty by verdict or otherwise as the said Iustices have used and accustomed to do upon other Felonies being Felony at the common Law Which Statute was in 5 Edw. 6. by an Act of Parliament then largely made for the repeal of divers Treasons and Felonies cleerly repealed and made void But in 2 3 Ph. M. it was again revived In which year there were these ensuing Ordinances made upon the eighth day of April by the chief Inhabitants of this whole Country of Marshland and Town of Wigenhale touching the Old Powdike and Broken dike 1 That the said old Pow diche be sufficiently made
lode and that in consideration thereof the said Land-holders should pay to the Inhabitants of Marshland Cl. And on the xxvi of the same month it was farther decreed that all the rinde Banks within this Country of Marshland towards the Sea should be of the height and scantling hereafter expressed viz. in Terington Walpole West Walton and Emneth in height eight foot above the ordinary Marshtides and in bredth on the top ten foot And that the residue of the rinde Banks in Islington Tilney West Lynne North-Lynne and Clenchwarton to be of such height and bredth as the Dyke-Reeves should think fit As also that Register Books of Parchment be made by the Dyke-reeves in every Town containing the number of Acres of their Lands with the quantity of their Banks Walls VVood-shores and other defences which every of the said Towns are charged to make either to the Sea or otherwise And that whereas the Towns of Terington Tilney and Clenchwarton had In-dikes for their defence against the Salt water in case any sudden breach of the Sea-bank should happen it was decreed that the said In-dikes should be carefully maintained and repaired by those Dyke-Reeves out of the Common Acre-shot assâ—ssed within every of the said Towns After this at another Session of Sewers held on the xvijth day of April in the year of our Lord 1610 8 Iac. it being considered that this Country of Marshland was subject to surrounding aswell by downfalls of Rain as by the overflowing of the Sea and fresh waters and was therefore kept drayned by Sewers descending to Knight's-Gole the common out-fall to the great River of Ouse And that the said Gole by the flowing and ebbing of the Sea was then so silted up with sand at divers times especially in Summer that it obstructed the waters in the said Sewers to the utter surrounding of all the Fens and low grounds in the said Country And moreover that the said Gole in former times had been kept and perfected as also the fleet from the same unto the before-specified River by a certain antient pair of Clows placed up higher in the Sewer thereby one appointed for the taking in of the tides and so holding up the water betweâ—n a pair of Clows untill the River of Ouse were run low and then forcibly let go for the scouring of Sand out of the said Gole and Fleet And that the setting open of the said Gole and putting down and pulling up the said Clows would be both dangerous and troublesome by reason of the greatnesse and weight of the said Clows made to that purpose It was ordained and decreed that there should in consideration thereof be yearly paid out of every hundred Acres of Land being several within the said Rinde of Marshland which were drayned by the said Gole and had usually paid thereunto the sum of ijd. ob by the owners or occupyers of the said Lands and so after that rate And of every hundred Acres of Land lying on the South side of Wisebeche and Elme Oldfield and Outwell which then were or should be drayned by the said Gole by the owners or occupyers thereof vd. and so after that Rate And whereas the Land-holders of Oldfield in Clme and certain Lands in Outwell on the East side of UUelle river from Emneth unto Beaupre Hall and so to Stoning stile and thence to the old Pow dyke had at divers times drayned their said Lands in Oldfiâ—ld into Marshland through the out-rinde Bank of Marshland called Broken dyke and so through Emneth into Marshland Fenn as also their Lands in Outwell to the great hurt of the said Country by suffering those waters to run into the said Fen without any perfect Sewer to carry them down in any Gole to the Sea and likewise without paying any Tax Acre-shot or other contribution towards any Drayn Sewer or Gole in Marshland for the same It was then also ordered that the said Lands should not thenceforth be drayned into Marshland Fenn but by and under such conditions here expressed viz. that the Land-holders of Oldfield and Outwell should before the xxiiijth of August then next ensuing give unto the Land-holders of Marshland Cl. viz. the Land-holders of Oldfield Lxxvl. and they of Outwell xxvl. towards the making of a certain lode between Marshland Fenn and Smethe called Shore lode in widenesse xij foot and in depth four or five foot and towards the making of three sufficient Stone-bridges for Carts to passe over the said Lode But it was neither the strength nor height of those their Banks so repaired as aforesaid which could secure them from that dreadfull inundation of the Sea hapning on the first of November in An. 1613. 11 Iac. the memorial whereof I shall here deliver from an Inscription upon the East wall of the South Isle in Wisebeche Church To the immortal praise of God almighty that saveth his people in all adversities be it kept in perpetual memory that on the Feast day of All Saints being the first of November in the year of our Lord 1613. late in the night the Sea broke in through the violence of a North-east wind meeting with a Spring tide and overflowed all Marshland with this Town of Wisebeche both on the North side and the South and almost the whole Hundred round about to the great danger of mens lives and the losse of some besides the exceeding great losse which these Counties sustained through the breach of Banks and spoil of Corn Cattel and Howsing which could not be estimated Which losses with other things of note relating to the said Banks and the particular Towns then surrounded as they were presented upon Oath by the Jurors for the hundred of Frethebridge before the Kings Commissioners sitting at Lynne upon the ixth day of December in the year before-specified I have here likewise thought fit to transcribe The Presentment of the Iury for the Hundred of Frebridge in Marshland made at Kings Lynne 9 Decemb. 11 Jac. An. 1613. 1 Inprimis we present and say c. that there is belonging to the Town of Terington a Sea-dyke containing xiC Rode in length or thereabouts which was in good repair before the first and second day of November last whereof CCCCxx Rode were ruinated by the rage of the Sea that then happened and also one Bridge called St. Iohns bridge was then broken up 2 That there were at that time lost by the rage of the Sea c. 1876 sheep amounting to the sum of Lviij l. and more In great Beasts lost 120 valued at 322 l. In Corn sowed in the Fields 480 acres valued at xxx s. the Acre amounting to 720 l. Hay lost in the fields and barns to the value of CC l. Corn in the barns lost to the value of DCC l. Grasse in the Fields lost to the value of D l. Dwelling houses utterly ruinated and wasted xiij And Cxlii. dwelling houses there impaired to the value of a M l. Bedding and other Houshold-stuff
that the Marshes of Terington Tylney and Clenchwarton were imbanked and made Inmarsh for the better preservation of the said Towns 1 VVe say that there is in Walpole a Sea-bank containing in length three miles extending from S. Ellens Chapel next Terington unto Nobech gote in UUalton which Bank before the first and second days of November last was in so sufficient repair as ever it was within the â—emory of man And now by the rage of the Sea then hapning there were made xx breaches in the said Bank at the least And the residue so rent and torn as the making up and repairing of them hath and will cost a thousand pounds 2 VVe say that in the said Town by reason of the said outrage there is lost in Corn sowen DC Acres to the damage of 900 l. Item in Messuages and Cottages eight some carryed away clean and the rest uninhabitable to the damage of 100 l. Lost in Horses great Beasts and Sheep to the value of 400 l. Lost in Corn Barns and Stacks to the value of 200 l. Lost in Hay in stacks to the value of 200 l. In Grasse in the fields 3000 Acres to the value of 100 l. In VValls and Fences 50 l. 1 VVe say that there is a Sea-dyke which defendeth the said Town extending from Nobeche gote unto a place called Newgate stowe containing in length two miles and a half which Banks we say before the first and second day of November last were in very good repair And by the outrage of the Sea then happening there were made four breaches and the rest of the said Banks were so ruinated and torn as the making up and repair thereof will cost CC l. But we say that the waters which came in at the breaches in UUalsoken did drown us more than the waters which ran over our Banks 2 VVe say that there was lost by the said outrage viz. Corn sowen CC Acres to the damage of CC l. Hay in Barns and Stack to the value of C l. Grasse in the fields to the value of Cxx l. Cattel of all sorts to the value of xx l. Corn in Barns and Stacks to the value of Lxxx l. And in Houses Bridges VValls Gates Houshold stuff and Firing to the value of Cxxx l. 11 VVe say that there be two antient High-ways over the Sea-bank there into the Town being the usual passage for VVool-Carts and droves of Cattel in great abundance coming over the River at UUalton dam which Carters be the Bank never so sufficiently made will cut down the same for their more easie passage And the droves of Cattel do continually wear them down to the great damage and yearly charge of the Town In relief whereof we pray to have some reasonable Toll granted to the said Township to be taken of the said Carts and Droves 1 We say that the Sea-dyke belonging to the said Town containing three miles in length beginning at Newgate slow next UUalton and extending to the Sea-dike of Emneth which before the first and second days of November last were very sufficient and good and able to defend any floud that did arise more than viii foot above the soyl of the Marshes adjoyning other than in such High-ways as are specified in the answer to the xith Article following In which said Bank by the rage of the Sea then happening there were made seven great breaches and the residue of the said Bank so torn as that the making up and repair thereof will cost CCCLx l. 2 VVe say that there was lost by the said outrage viz. In Corn sowen in the fields and in barns to the value of 500 l. In Grasse and Hay to the value of 3000 l. Cattel of all sorts to the value of 100 l. In VValls Bridges VVood and Firing to the value of 060 l. 11 We say that there be three antient High-ways over the Sea-dyke into the said Town leading to the Market of UUysebeche which are too low by six foot for such an outrage as then happened And that there be eight other Cart ways made over the said Sea-dike by private men into their grounds which also must be heightned 1 VVe say that there is a Sea-dyke which defendeth the said Town extending from UUalsokne Sea-dyke unto Boxsted style which in divers places was not sufficient against such an outrage as hapned on the first and second days of November last past and will cost the making and repairing xl l. And we say that CCCC Acres or thereabouts in the same Town were drowned with the waters which came in at the breaches in UUalsoken and did fall over a Dyke called Long dyke into the said Town of Emneth 2 VVe say that there was lost in the same Town in Corn Grasse and Hay to the value of L l. And that the making and repairing of certain Banks defensive against the waters there now lying hath and will cost Lx l. An Abstract of the losses in general as they were presented by the Iurors of several Hundreds at the Sessions of Sewers held at Lynne 9 Decemb. An. 1613. VVithin the Ring of Marshland Terington 10416l. Walpole 03000 West Walton 00850. Walsoken 01328. Emeneth 00150. UUigenhall and South Lynne 06000. Tylney and Islington 04380. Clenchwarton 06000. West Lynne and North Lynne 04000. The total 35834l. VVithout the Ring of Marshland Gaywood 205l. South Wootton 313. North Wootton 810. Watlington 500. Totnell cum Wormgays 060. Holm cum Thorpland 040. Stow-Bardolf 100. The total 2028 l. The total of both 37862 l. After which Presentment so made as hath been shewed the said Commissioners did in Ianua following direct their Letters to the Lords of the Council signifying that they had taken a view of the breaches made by the fury of the Sea in the Banks of Marshland the chiefest whereof were those of Tirington which being a Frontier Town was very ingeniously fortified not only with Banks of extraordinary height and thicknesse but with two mighty Brick Walls armed and defended with piles of Woodshoves and other devises of as much hope as the wit of man according to the ability of the people could invent and that within these xvi years the said Town had expended 20000 l. upon the same And moreover that the two Indikes which had been reared behind the said walls for securing the Town in case these outer walls should fail were by this terrible breach swept all away And therefore though the said Indikes were already repaired again and sufficient to restrain the ordinary tides yet the safety of the Country was not to be committed to them In consideration whereof they further certified that they thought it fit a new Bank should be raised of an extraordinary skantling neerer to the Town by six hundred Acres in a place of better advantage and to be in bredth at the bottom fourscore foot and in length about two miles with thicknesse and height proportionable But forasmuch as the chardge would be insupportable
for the Inhabitants of the said Town and that no Law of Sewers could compell them thereto and forasmuch as the King was Lord of the same Town which is likewise the Key and safety of other Towns of his Majesties adjoyning they humbly prayed the furtherance of the said Lords to the King to take care and consideration of them therein Dated at Kings Lynne 20 Ian. 1613. And to adde to these losses such were the Snows that fell in Ianuary and February ensuing which occasioned mighty flouds from the Upland Countreys upon their going away that a great part of this Country was overflowed with the Fresh waters viz. from their Bank called the Edge between their Towns and the Smethe unto the new Po dike through divers breaches between Salters lode and Dounham bridge Moreover about four years after viz. 15 Aug. 1618 16 Iac. the Inhabitants of this Country and parts adjoyning exhibited a Petition to the Commissioners of Sewers shewing that Lynne Haven was through outragiousnesse of the tides made much wider than formerly and did put the Country to an excessive charge in the restraining of its wearing more broad and deep and therefore desired that they would take view thereof and cause it to be straightned according to the presidents of former times limiting such fresh waters as did help to the increase thereof unto their proper out-falls The like Petition did they prefer to the Lords of the Privy Council the 13th of November following Whereupon there was this ensuing order made by that honourable board viz That a special Commission should be directed unto certain Gentlemen indifferently chosen out of all those parts together with the Mayor and some Aldermen of Lynne to consider of the conveniencie or inconveniencie of the work as also to what scantling it should be made narrower and the chardge thereof and so to proceed therein But to respite the executing of the said Commission till according to the Law made in August before for opening the Rivers of UUeland and Nene that work were done But if there were delay in opening of those Rivers and complaint made unto the said Lords thereof some course should be taken for their coercion for preserving of Marshland in the mean time also of the parts adjacent from eminent danger After this viz. upon the tenth of December An. 1619. 17 Iac. the Commissioners of Sewers sitting at Peterborough and having in consideration the setting up of a Sluse at a certain place called the Horshoo such was then the siding of the said Commissioners that the Jury became divided in opinion so that nothing being done therein they signified as much to the Lords of the Council VVhereupon the Inhabitants of Marshland exhibited a Petition to that honourable board imploring their care for the safety of that Country and intimatating that the erection of that intended Sluse would be an apparent overthrow thereof VVhich Petition occasioned the said Lords to write unto the before-mentioned Commissioners by which Letters they desired them to consider of the out-falls to the Sea before they drew down the waters from the high Countries that might oppresse Marshland and the low parts adjoyning in the Counties of Lincolne and Norfolk and wishing them that in case they should differ in opinion how these things might be best effected to make choice of two Commissioners out of each of their Counties who might be instructed to give them true information of their differences and that then they would endeavour to give such farther direction as might best advance the publick good with the least prejudice to the private Whereupon they met at Wisebeche and appointed Mr. Henry Kervill and Mr. Robert Balam with some others to take view of the danger of this Country on Tirington side by the fretting of the Chanel as it then ran and to certifie Who accordingly did view the same and certified that the Chanel of fresh waters as it then ran did very much hurt to Tirington and the whole Country of Marshland and that by conveying more waters that way the whole Country would be indangered and therefore for the beter safety thereof they expressed that they were of opinion that a new Cut made from the four Gotes over Tyd and Sutton Marsh unto King's Creeke would be the best issue for those waters the River Nene being brought from Pâ—terborough to Guyhyrne between sufficient Banks for the better grinding of the out-fall and that the River should be cut straight from the Horshoo to the four Gotes And in a Session of Sewers holden at King's Lynne 23º Iunii 6to Caroli recital being made that whereas the Land-holders of Elme Oldfield in the Isle of Ely at the like Session held at King's Linne 17 Apr. 8º Iacobi obtained a Law for the downfall of water in the said Oldfield Lands through the out-rinde Banks of Marshland under certain conditions and limitations expressed in the said Law and under the pain of xll. by them to be forfieted to the Kings Majesty his heirs and successors in case they should take in any waters out of any other fields in Elme or Welle and the abuse in execution of that Law had been very hurtfull and dangerous to the Country of Marshland and Town of UUigenhall in their several Pastures and Fen-grounds by reason of the abundance of fresh waters coming out of the said Field at a Sluse made in Oldfield Bank called Brokendike more than the own waters of the said Oldfield did afford for that there was no provision in the said Law for stopping them up if they should take in or suffer any forein or other waters to come into the said Oldfield For under colour and pretence of the said Oldfield waters they took into the said Oldfield and Says field other waters and also other waters at the Sluse called Mildam and put into their Oldfield fresh waters out of the River for the filling of their Dikes and so when any great rain fell did put those warers into Marshland and also by means of not sufficient keeping and maintaining the River Banks against Oldfield at Lunges droves end that the River waters did run into the field there very extremely in wet winters and most especially the winter preceding And that whereas at a Session of Sewers holden at Beawford Hall by Fryday bridg 27º Martii 9º Iacobi by a Law of Sewers then and there made the Land-holders and others of Waterseye in Elme had a Drayn made from Fryday bridg in the Dyke of the North side of Needham dike being the Fence-dyke of Oldfield and Say's field and so to Welle and from thence into the old Pow dike of Marshland and so through the old Pow dike at Chamber 's house in Stow and so to the River of Ouse with certain Sluses made upon the said Drayn to stop and restrain the waters when they did arise and exceed the superficies of the grounds By reason whereof when the Slusâ— at
and Bond 's dam on the South side of Grenedich so that by the same Sewer the before-specified lands might drayn from time to time whensoever the said Prior and Prioresse William and Margery their heirs and assigns should think fit And that they should have enjoy and maintain the said Sewer so made for ever from a certain place called the Erlesmarsh and so through the midst of Sadilbow pitts to the bredth of eight foot and thence to a certain Gutter called Feresgote With power to make a sufficient Bridge over the same for Carts at the South East Corner of Geffrey Siward and another also for Carts neer the gate of the heirs of Iohn Drew and a third likewise for Carts together with a Clow having two bars with Keys at the West end of Brod will Ea whereof one Key to be kept by the Dyk Reeves for the time being to remain on the said East part of Wigenhale and the other by the said Prior and Prioress and their Successors and the said Will. and Margaret and their heirs and assigns for ever to the intent that if an excess of water should fortune to come on the side of Erlesfeld then the said Dike Reeves might shut the same Clow untill the said Sewer might in reasonable time convey it away so that the Lands in Wigenhale and Sadilbo might not be overflowed therewith And in like manner if such an excess of water should come from Wigenhale and Sadilbo that then the said Prior and Prioress and their successors and the said Will. and Margerie and their heirs and assigns for prevention of the inundation of their Lands might shut the same Clow untill the said water should be carried away And that otherwise than for the evacuation of such excess of water coming from Erlesmarsh or from that part of Wigenhale and Sadilbow neither of the said parties to shut the same Clow. And the said Prior and Prioress for themselves and their successors and the said Will. and Margerie for them and their Heirs did Covenant to keep sufficiently and maintain the said Sewer Bridges and Clow at their own proper costs and chardges And the said Land-holders in Wigenhale and Sadilbow Covenanted likewise to permit them the said Prior and Prioress and their successors and the said Will. and Margerie and their Heirs to have a sufficient Sewer for the draining of their Lands in Erlesmarsh aforesaid In consideration whereof they the said Prior and Prioress for themselves and their successors and the said William and Margery for themselves their Heirs and Assigns did grant to the said Landholders of Wygenhale and Sadilbow an yearly rent of viiis. to be received yearly out of the Lands beforespecified After this about two years scil on Thursday next after the Invention of the Holy Cross there was a Perambulation made on the East part of the River of Wigenhale by xij Jurors who said upon their Oaths and ordained that for safeguard of the said Town the Newland dich ought to be eight foot in bredth at the â—op And that all the Sea-banks opposite to the messuage Walls and elswhere from the said Newland dich to Rouse beche ought to be xij foot broad at the top And that the Rouse beche Briggebeche Yernemouth dole Dukesbeche Gromesdiche and Cannesbeche ought to be xij foot in bredth at the top And they said that all the Sea-banks opposite to the messuage Wall of Sechegole unto Pulbergole ought to be six foot in bredth at the top and within the Wall four foot but elswhere xij foot And that all the said Sea-banks ought to be raised above the highest tides two foot and perfected before the Feast of the Nativity of S. Iohn Baptist upon penalty of the Bylaw viz. for every perch not repaired vid. And that they be well turfed before the Feast of All Saints upon penalty of Biscot and at the utmost that they be sufficiently repaired before the Feast of the Nativity of our Lord upon penalty of Triscot And they likewise ordained for the better safeguard of the said Town that all the said Sea-banks should be strengthned with Stakes and Piles or with Timber viz. of schoring where need required before the Feast of All Saints upon penalty of vis. viiid. for every perch not repaired And that all the Sewers should be clensed and scoured where need was before the Feast of the Nativity of S. Iohn Baptist upon penalty of Bylaw viz. for every perch not repaired ijd. without damage to the Land sowed And that where the Sewers lay upon the sowed Land that they should be clensed before the Feast of S. Michael the Arch Angel upon the like penalty And that all the warp should be thrown into the Common wayes to fill up haggs and lakes where need was upon a great penalty where it should ly neer the Common rode And they furthâ—r ordained that all Dunghills lying in Common to the nusance of any should be amerc'd viz. for each Dunghill iiâ— there was therefore warning given for their removall before the Feast of S. Michael the Arch-angel upon penalty of iiiiâ— for every Dunghill And they said that there was a certain Lake in the Kings High way betwixt the Messuage of Iohn Hastings Chaplain and the Plot lately belonging unto Edm. Blower command was therefore given to fill the said Lake with earth on each side before the Feast of S. Iohn Baptist upon penalty of vis. viiiâ— As also that all Trenches Lakes and Haggs in the faiâ— publick ways within the before-specified limits should be filled up with earth lying neer thereto before the said Feast of the Nativity of S. Iohn Baptist upon penalty of viâ— And they likewise ordained that all those old Cuâ—tomes of Bylaws and othâ—r touching the safeguard of that Town antiently used and approved by the Kings Justices should be firmly kept And to quicken the observance of them that the said By-laws Biscot and Triscoâ— should be levyed according to antient Custome by the oversight and advice of the Jurors of the Purale And that the principal Guardians called Dike-Reeves as often as they should think fit should make inquisition of the trespasses touching the common obstruction in the Sewers and Stows and the like and amerce those whom they find faulty according to the measure of the offence Which Dike Reeves to have the one half and the Commonalty the residue for those common nusances to be imployed in menwarke and grundegole And the persons taking the said distresses to have id. called Wopeny for every one so taken as also twelve pence in every xxs of Tallages and Amerciaments by them Collected And that the chief Guardians of the Town should for the future from year to year upon the Feast of S. Marke the Evangelist give up their accompt at a publick meeting of all Tallages Bylaws Biscot and Triscot in what sort soever levyed and be answerable for the same unto the Commonalty according to antient usage and the same day to deliver up their
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
said River viz. from the great Bridge of Wysebeche to Sozelsdyke and the New dike from Sozelsdike to Geyhirne and the Fen-dike from Geyhirne aforesaid to Pigges drove each man according to the proportion of his tenure as often as need should require And they moreover presented that the Landholders in Leveringtone did use time out of mind to repair maintain and new-make a certain Fen-bank in Leveringtone from Pigges drove Crosse unto the Clouse which is the division betwixt Leverington and Sutton each man according to the quantity of his land according to an antient Agistmentâ— Whereupon the said Commissioners did decree the same accordingly And they likewise presented that the Landholders in Leveringtone did use and ought time out of mind to repair maintain and new make a certain Bank called Shoffendyke extending it self from the said Clouse to Gore-dyke in Neuton each man according to the proportion of his holding Whereupon it was accordingly decreed And they also presented that the Landholders in Neutone used time out of mind and ought to repair maintain and new make a certain Bank called the Shoffendyke beginning at the Gore-dyke of Neutone and extending it self to Tyd-Threddyng each man according to the proportion of his tenure as often as need should require Whereupon it was decreed accordingly And they presented that all the Landholders in Tyd S. Giles did use time out of mind to repair maiâ—tain and new make a certain Bank called Shoffendyke extending it self from Tyd-Threddyng unto the Egryndes in Tyd S. Giles each man according to the proportion of his Land Whereupon it was decreed accordingly And they likewise presented that there had been time out of mind and also ought to be two Clows in Leverington one at Rotespipe aâ— the charge of all the Landholders from Newbrigge drove in Wisebeche unâ—o the See dyke and the other at Meysland at the costs and charges of all the Landholders from Sozel dyke in Wisebeche unto Newbrigge drove in the same Town And they presented that the Prior of Ely and Sir Thomas Tudenham Kt. ought and had wont to repair time out of mind one Crest in Tholymesse drove in Wisebeche beginning at the Fendyke and extending it self to Tolymers in the same Town four foot in height and eight foot in bredth And that the Landholders of Geyhirne field of Wisebeche time out of mind had used and ought to repair a certain Crest extending it self from Blakedyke unto Mariotts brigge in the same Town in height four foot and in bredth eight And that the said Landholders of Geyhirnefield did use also time out of mind to repair the Crest from Maryottisbrigge to Tolymers drove neer to the common Sewer on the West side four foot in height and eight foot in bredth And they said moreover that the Landholders of Geyhirne Crosse in Wisebeche unto Sozel dyke ought to make and repair one Crest upon Blake dyke from Geyhirne crosse to Sozel dyke aforesaid in height four foot and in bredth eight And that the Landholders in Geyhirnfield as also of the lands of Will. Cause in Tolymersfield in Wisebeche ought to make and repair one Crest from Mariottesdrove in Wisebeche unto Doddesbrigge in the same Town neer to the common Sewer on the North part in height four foot and in bredth eight And that all the Landholders in Rechey field ought to make and repair one Crest from the said Clow unto Belymylle brygge neer to the common Sewer on the East part in height four foot and in bredth eight And that Thomas Hyptoft and his Tenants ought to make and repair one Crest in Rat Rowe on the East side of the way called Tolymersdrove unto Rat Rowe brigge in height four foot and bredth eight And that the Tenants of Hugh Sozell's lands in Wille Lake and of the lands of Mundeforth felde ought to make and repair a Crest in Gamyl drove from Doddesbrygge to Blakedyke in height four foot and bredth eight And they likewise presented that all the Landholders of the xxx acres in the Town hende in Wisebeche ought to make a repair a certain Bank called Belymylle dike from Belymylle brigge unto the land late belonging to Will. Beteyns in height four foot and bredth eight And that the Landholders in Sayersfield in Wisebeche ought to make and repair one Crest in Waldysgate from Belymylle brigge to Robyns brigge in the same Town in height four foot and in bredth eight And that the Landholders in Briggefield in Wisebeche on the North side of the River abutting upon Bridgedrove Eastwards ought to make and repair one Crest in Briggedrove in Wisebeche in height four foot and in bredth eight And that all the landholders in Wisebeche ought to make and repair a Clow in the Sewer of Wisebeche at a certain Bridge in Neutone neer to Fytton Gole for to stop the water there when need should require And they also presented that whereas there were three Pipes newly made in a certain field called Smal medows in Wisebeche one by the Bishop of Ely and his Participants the second by the Lord by Coldham and his and the third by the Landholders on the South side of the River of Wisebeche they were made too big in bredth and contrary to the Presentment of the Jurors it was therefore decreed that they should be amended the said Commissioners therefore did ordain and decree that the Bishop of Ely and his successors Sir Thomas Todenham Knight Thomas Hyptoft Will. Caus and his heirs the Lord of Coldham and his Participants and all others before-mentioned and all the Landholders within the said Town of Wisebeche as aforesaid should for the future be charged to make repair and maintain all and singular the Banks c. specified in the said Presentment according to the proportion of what they held as often as need should require And for the better safeguard of the said Town of Wisebeche they moreover did ordain that the Bank called Wisebeche fen dike should be barred in certain places needfull to prevent Cattel from passing thereon and that hassocks should be gotten in the Fen and laid at the foot of the said Bank in several places where need required And that all the Landholders of Oldfield in Wisebeche abutting upon the Sewer of Coldham ought to stop the ends of their Ditches beginning at Tylyry lane unto Coldham pipe And the said Commissioners also decreed and ordained that all Kedylls Stamps Dams and other Engines in the River of Wisebeche whereby the water was in any sort straightned or stopped should be removed and taken away and that no man thenceforth should make any stamps dams Kedills or other Engines in the said River from Geyhirne to the Sea upon penalty of Cs. to be paid to the Bishop of Ely for the time being And that there should be a Guardian appointed for the safeguard of the Countrey to oversee open and shut the four Gotes of Wisebeche Leverington Neuton and Tyd S. Giles yearly at the
one half and the Abbot of Thorney the other And they said that the other part of Nene which passeth from Peterborough bridge aforesaid unto Wodeshed in Wytlesey thence to Wittleseybrigge thence by Wittlesey to Wardiscote in Wittlesey and thence into the great River of Wisebeche ought to be scoured from the said Wodeshed to Wardysgote aforesaid by the Town of UUittlesey and the Landholders late Pavy's in March and that it was not then clensed And they said that the Town of UUittlesey ought to clense one Sewer beginning at Goose UUillow drove in UUitlesey unto the North part of Adernale in the same Town and thence to Brodreche in UUisebeche called Upstanlake and that it was not clensed And that the Bishop of Ely ought to clense the said Upstavinlake unto the great River of UUisebeche which was not then done In 9 E. 4. W. Bishop of Ely George Duke of Clarence Richard Earl of UUarwick and Salisbury Iohn Earl of Northumberland Iohn Earl of Oxford Humfrey Bourchier Lord Cromwell Iohn Catesby Will. Ienny Thomas Grey Roger Tounsende Henry Spilman Thomas Daniel and others were constituted Commissioners for to view the Banks Ditches Sewers c. of Marshland Upwelle and Outwelle and of other Towns and Fens by the water which goeth from Erith brigge directly to Benwyke thence to Paddok mere thence to Farset brigge thence to Standground and so to Muscote and from Muscote to Thorney mille and Godelakcrosse by Noman's land and thence to Dowysdale and so to Clowecrosse thence to Wylowedyke thence to Edgreynes thence to Tydegote and thence to the Sea And to make Statutes and Ordinances for the repair of them according to the Laws and constitutions of this Realm and the Statutes of Romeney marsh As also to imprest such and so many Diggers and other Labourers to be imployed in those Works as they should deem necessary for the expedition thereof The like Commission w had they for the view and repair of those in the Marshes betwixt the water running from Erith brigge aforesaid by Ely to Salterslode and Wigenall to Bishops Lenne and the water passing from the same Bridge at Erith by Benwick Gretecrosse and Wyssebeche to the Sea About this time I suppose it to be for it is without date that the Landholders of Pokediche field in Welle exhibited a Petition to the Lords and Commoners of Marshland shewing that the said Field was agisted for its number of acres in as high a measure towards the repair of the Bank called Pokediche for the safeguard of that Country as any part thereof which lay within the precinct of that Bank and that the water of Pokediche did so overflow the same field that they could not dig earth upon occasion for repair of the before-specified Bank and therefore desired that they might drayn the same by a Sewer through the said Bank into Marshland in such a place where it would be of least damage thereto Whereupon they were allowed to have a certain Clow neer Thwart medows for that purpose In 20 H. 8. at a Session of Sewers held at Stuntney in the Isle of Ely by Sir Thomas Knight Tho. Dereham Iohn Fincham and others there was a Presentment then made by the Jurors of all the Sewers at that time in being within this part of the Countrey instancing to whom the repair of each belonged the tenor whereof I shall here insert The Bishop of Ely ought to scour Crekelode extending from the great stream towards Sotherey unto the Willough by the space of two furlongs And from the said Willough to Pulverlake the Cellerar of Bury hath an half part against all others for the space of a mile and more From the said Willough also to Pulverlake the Prior of Modney hath a share So likewise the Prior of Norwich for the Church of Fordham and the Parson of Helgay for the Church of Helgay And the Landholders late Massingham's and Bekeswell's ought to clense the same against the Cellerar of Bury from the said Willough to Pulverlake Which Cellerar of Bury hath also an half part in the middle of this lode against all others for two miles The Abbot of Ramsey ought to scour the Sewer called Balkwere abutting upon Gnat lode for one quarter of a mile And the Prior of Norwich the Rector of Helgay with the Tenants of the lands late Massingham's and Bekeswell's ought to repair the same unto the four Lodes end In Crekelode also Thomas Boteler of Helgay ought to scour a place called Hogges middle for the length of one furlong And the Duke of Gloucester one part in Gretwere a part of the said Crekelode for the length of a mile against all others And another part there for half a mile the Prior of Castelacre Abbot of Wendling and the Tenants of those lands late Bekeswell's Sheting middil in Crekelode ought to be clensed by the said Cellerar of Bury for the space of one mile and more Chutting in Crekelode by the Duke of Glouc. for half a furlong and more Strem middil by the Cellerar of Bury for one mile In Ung medil the Prior of Modney holdeth one part by the space of two furlongs against the Prior of Chetford Iohn Ashfield and the Abbor of Ramsey for the lands late Nich. Gunnes The same Iohn Ashfield holdeth one part in Lodwere in Creklode aforesaid for two furlongs In Bullinger the Prior of Modney holdeth half a part for two furlongs and more against the Abbot of Ramsey The said Prior of Modney and the Tenants of the Lands late Massingham's ought to clense all Gredy middil for one mile The Prior of Chetford ought to scour Iellis middil for the space of one mile The Town of Lyttilport the Widow of Nich. Orme and the Earl of Worcester ought to clense Newdike unto Welney court for one mile Criklode in March beginneth at the Great Ee betwixt March and Welle and goeth on directly to Elme containing by estimation six miles and ought to be scoured by the Bishop of Ely and Abbot of Bury equally Gnat lode beginneth at Hawkyns bytte and continueth to four lodes end containing by estimation three miles and ought to be scoured by the Towns of Elme and Littilport Small lode betwixt Welle and Outwelle ought to be clensed by the Abbot of Dereham from the great River in Welle to Ingram's hirne by the space of three quarters of a mile Another part in the said Smal lode from Ingram's hirne to Seman's gole containing one mile the Abbot of Ramsey and Iohn Aylesham ought jointly to clense Maidlode beginneth at Welneywater and continueth to Sheppe lode and thence to Sheppeslodes end which ought to be clensed by Richard Cranford and Clarice late Wife of Iohn Cranforth by the space of one furlong and by the Town of Upwell for the Lands of Mr. Will. Dunthorne by the space of one mile and for another mile and more by the Town of Welle Shiplode ought to be clensed by Iohn Sambroke for half a mile by
Thomas Beaupre for as much by Iohn Fincham also for half a mile by the Abbot of Ramsey for the like proportion by the Prior of Walsyngham for three miles and by the Prior of Lynne for three furlongs unto the end thereof Wide lode ought to be clensed by the Town of Welle for half a mile by the Prior of Thetford and the Heirs of Bekeswell for xxv furlongs and by the Prior of Lewes for one mile Old Smal lode beginneth from Wide lode and ought for the space of half a mile to be repaired by the Bishop of Ely and by the Abbot of Dereham and Iohn Aylesham by the space of half a furlong Webwinch lake ought to be clensed by the Abbot of Ramsey for the space of two miles The Town of Welle ought to scour from the Sholle of Outwell for the space of half a mile thence the Prior of Lynne unto Mullicourt for one furlong and thence the Prior of Lewes for one mile and more The Bishop of Ely and Iohn Ailesham ought to scour the water-course from North delf unto Salter's lode for the space of half a mile and the Bishop of Ely alone for two miles and more The Lord Scrope ought to clense the Chanell from Darsey lode to Manytownsend for the space of one mile Cock's lode beginneth at Hunney Corner and continued to Manyfeld's end and ought to be clensed by the Abbot of Ramsey and from Mannyfeld's end to Harry Mace's Cote by the Lord Scrope unto Maney lode The River of Nene hath its rise above Northampton and cometh to Peterborough bridg and thence to a certain place called Noman's land and there entreth into South Ee which is distant from Peterborough xiiij miles by estimation Which River ought to be scoured and clensed by the Abbots of Peterborough and Thorney but was not And from Noman's land to Dowesdale by the Abbots of Crouland and Thorney for the space of four miles And from thence to Clows Crosse on the South side by the Abbot of Thorney and on the North by the Abbot of Crouland with the Towns of Holbeche Fleet and Sutton for six miles The River of Wailand beginneth above the Town of Stamford and runneth unto the Triangular bridge at Crouland and thence one part thereof passeth unto Spalding Ee and the other to Nomans land some say that it did antiently râ—n into a certain Fen belonging to the Abbot of Crouland called the Pricmote alias Possons in Lincolnshire and so to the Sea but now that current being stopt it runneth by the South Ee unto Clows Crosse and so to Guy hirne Furthermore betwixt Shepelode and Salterslode there is a Sewer called Thefe lake which ought to be repaired by Thomas Gawsell unto the great River at Salterslode it lying on the West side of Salters lode about half a mile distant Also there is another Common Sewer called Stremelake lying betwixt Shiplode aforesaid and Salters lode which ought to be clensed The Fen betwixt Crekelode Welle and Salterslode ought to be repaired by the Town of Denver for the space of six furlongs and more There is also a Common Sewer called antiently Denver hithe now stopt by the Lord Berkley and the Town of Denver which containeth one furlong and more After this viz. in 2 Edw. 6. at a Session of Sewers held at Upwell upon the Monday next after the Feast of the Nativity of S. Iohn Baptist by Geffrey Colvile Edmund Reaupre Thomas Dereham Richâ—rd Everard and Iohn Willoughby Esquires Iames Hawes and Iohn Schuldham Gentlemen the Jurors presented upon their Oathes that by the great abundance of fresh waters yearly descending from the Counties of Norff. Suff. Cambr. Bedf. Hunt North. Rutl. and Linc. by and through two great Rivers viz. Ouse extending from Cambridge unto Ely thence to Lytilport Chaire thence to Sotherey thence to Helgay thence to Fordham thence to Denver thence to a place in Dounham called Salters lode thence to Wymbotesham thence to Stow-Bardolf and thence unto the North Seas at King's Lynne in the said County of Norff. And the other great River called the great Ee extending from Peterburgh in the said County of Northampton unto Ramsey thence to a certain Sewer or decayed River in March in the said County of Cambridge called great Crosse thence to a certain decayed River or Sewer called Creke lode in March aforesaid thence into another decayed River or Sewer called the New Leame in March aforesaid thence unto a certain place in Upwell aforesaid called Shewysnest poynt and there the said River dividing it self into two Branches whereof the one returneth South Eastward and is called the South branch unto a certain old decayed Sewer in Welney a Hamlet of Upwell aforesaid called Mayd lode thence unto another old decayed Sewer between Welney aforesaid and Lytilport in the I le of Ely called New dike and Creek lode in Sotherey aforesaid thence unto Lytilport Chaire aforesaid and so to the aforesaid great River of Ouse and so to the North Seas at K. Lynne And the other Branch descending North East ward called the North branch from the said place called Shrewysnest point unto a certain place in Outwell aforesaid called Outwell Sholle thence Southward unto a certain place in Dounham aforesaid called Northdelf thence Eastwards unto Salters lode into the said River of Ouse there is yearly drowned within the Towns of Upwell and Outwell aforesaid eight thousand acres of Marish and Pasture grounds over and besides the great damage unto four several Infields of the same Parishes called Plawfield Kirkfield Budbech and Sandyfield to the number of 1600 acres and to the Houses of the Inhabitants of the same Parishes to the number of 300 Housholds were not the same fields and houses defended by great Banks Dikes and Crests made for their safeguard to the great impoverishing of the said Inhabitants specially by the said waters descending by the said great Ee from Peterborough unto Ramsey thence to March so to Upwell and Outwell and thence to the North Seas at K. Lynne forasmuch as the most part of the water of the said great Ee sometimes was conveyed unto the North Seas at Wisebeche by the said decayed Rivers in March aforesaid called Great Crosse Crekelode and the New Leame whereof the farthest River called great Crosse passeth not in distance from the said great Ee in March aforesaid to the said Town of Wisebeche ten miles And the said lode called Crek lode in March aforesaid is not in distance in length from the said great Ee unto the said Town of Wisbeche but six miles and a half And the said New Leame but 5 miles and a half from the said great Ee unto Wisebeche And now the water being forced to take in manner his full and whole course contrary wise from his natural and most ready fall at Wisebeche aforesaid in form aforesaid is constrained unto the said Chapel in Upwell aforesaid called Shrewysnest poynt by reason of the decay of the said
est from the first slope of the Bank fifty foot high and so made a new outfall from Wisbeche to the 4 Gotes and thence to the Sea 4. A branch of Nene usually passing from Peterburgh to Crowland and so to Spalding that outfall decaying was turned back by Dowesdale with the South Ee to Wisbeche and so to the Sea 5. A great part of Ouse and Nene united descending from Benwick by great-Crosse to Wisbeche but Wisbeche outfall decaying they both fall by March to Welle and so into Ouse at Salters lode 6. The waters of Welle were by a shorter cut conveyed under Broken-dyke by Hichcock's dam to Elme Floudgates the old way lying through Enmeth by the Wroe 7. The River of Elme running by divers Crooks from Elme to Wisbechâ— was cut straight and the water passed by a shorter course as by the old Chanel on both sides the new River may yet be seen 8. The River in Wisbeche a little above the great Bridge within the memory of man running crooked was cut straight and so to this day continueth 9. The River of Clows-crosse being crooked at either end was in the upper end conveyed by Willow-dike straight to Graynes Hill and in the lower end rectified by a New Cut the old Chanel being forsaken 10. Ingulphus in his History of Crouland maketh mention how Richard de Rullos Chamberlain to King William the Conqueror having marryed the Daughter of Hugh de Evermue Lord of Burne and Deping for the inlargment of his Town of Deping diverted the River of Weland Et in pratis quae erant nuper profundi lacus paludes immeabiles excluso fluvio invenit campos uberimos terram desiderabilem de puteis uliginibus maledictis fecit hortum voluptatis And in the Meadows which before were deep Lakes and drowned Fenns by excluding the River he found them fruitfull fields and as good ground as could be wished nay of the very Pits and Bogs he thereby made a Garden of pleasure Moreover the same River of Weland having antiently its course by Spalding through the decay of the outfall thâ—re a great part thereof sometime fell through grâ—at Possons and so out by Quaplode but that out-fall also decaying as most outâ—alls over the Washes have and still will do that way was stopped up and the River driven to seek a course in a very faint manner by South Ee towards Wisbeche where again through the defect of Wisbeche outfall when it meeteth with the Nene at the New Leames end at Guyhirne they both turn back under Waltersey bank to Hobbes and so to Marche stream and there meeting with the great Branch of Nene come to Welle and so to Salters lode Which River also as saith Leland by a shorter way called the new Drayne was put from Croyland to Spalding as now it goeth 12. The River of Grant by a fair Chanel passing from Beche to Charefen in Cottenham and so into Ouse was diverted and by a straightâ—r course turned down by another Branch of the same River to Harrimere where it loseth the Name 13. Lastly New Eegate in Gosberchurch found through the Marshes another outfall but because it was not so convenient as the first the Jurats as the Record saith Requisiti si cursus aquae quam nunc tenet sit sufficiens ad eductionem deliberationem aquae dicunt qoud â—ic sed dicunt qoud antiquus cursus plus competeret utilior esset quam cursus quam nunc tenet eo qoud minoribus sumptibus reparari poterit directè currendo quà m longè per cireuitum in obliquo citius aqua per ibi deliberari Being asked if the Chanel wherein that water then ran were sufficient for the carrying it away they said that it was but they farther said that the antient current thereof would be more fit and beneficial than it in regard it might be repaired at less charge by running straight than to go about by a long circuit and the water much sooner evacuated And for these two Reasons the Jurats have often proposed to Commissioners of Sewers shorter ways to pass waters as from Leonards Pipe to the four Gotes for the water on Wisbeche North side and a new Drayn xx foot wide by a shorter way from New dike in Witlesey lineally to the great River on the North of Wings lake and many more c. And in a word most of the new Courses proposed for the general draining were of that kind CHAP. LIV. For the general Drayning of the great Level IT hath been a long received opinion aswell by the borderers upon the Fens as others that the total drowning of this great Level whereof we have in our times been Eye witnesses hath for the most part been occasioned by the neglect of putting the Laws of Sewers in due execution in these latter times and that before the dissolution of the Monasteries by King H. 8. the passages for the water were kept with clensing and the Banks with better repair chiefly through the care and cost of those Religious Houses It cannot I confess be denyed but that the opening and â—couring of those many petty Draynes and Sewers which antiently had been made by sundry persons for the better drayning of their own particular lands might much conduce to the sooner taking away of these vast spreadings of water in the Summer season but wholly to clear them was impossible without the perfect opening and clensing of their natural out-falls which the daily flowing of the Tides had choakt up with so great a thickness of Silt as in the xxxviith Chapter of this discourse I have fully shewed In order whereunto the first considerable attempt whereof I have seen any notable memorial was in 20 Eliz. the Queen then granting her Commission to Sir Thomas Cecill Sir William Fitzwilliams Sir Edward Montagu and Sir Henry Cromwell Knights Robert Sapcotts Robâ— Winfeld William Hunstone Edmund Hall Robert Bevell Vincent Skinner and Iohn Mountsteving Esquires and to any four or more of them to proceed according to these following Articles intituled Articles to be enquired on by the Commissioners for the Drayning of the Fenns through and by the Drayn called Clowse Crosse and so to the Sea 1. TO cause a perfect Level to be made of the same Drayn throughout all places convenient from the Clowe-crosse to the Sea 2. Item to enquire by the Judgment of Workmen or otherwise how a perch of the same may be wrought and so consequently what the charge of the whole will amount unto 3. Item how that charge may be most easily born and by whom and how the same may be rated by the Acre or otherwise having a respect to charge the owner of the grounds in severalty with more and the Commoners with less ratably according to their portions 4. Item to enquire and certify the quantity of the grounds that are several and the grounds that ly in Common 5. Item the names of the Towns
that the Commissioners shall think meet to be charged in contribution in respect of the benefit they shâ—ll receive by the said Drayn and likewise the names of the owners in severalty chargeable for the same 6. Item what detriment loss or hindâ—anâ—â— may or is like to come to our Sovereigne Lady the Queen's Majesty or to any other person or persons by opening of the said Drayn 7. Item a Book made of the contribution to appoint for the well and perfect doing of the work certain Collectors to levy the money and certain other persons to see to the expending of the same all which to yield Accompt to the said Commissioners Hereupon the before-specified Commissioners sate at Peterborough upon the ixth of Iune in the same year and there empanelled certain Jurors viz. six for each County of the Counties of Northampton Lincolne Huntendon and Cambridge who presented as followeth viz. 1. To the first Article that there was a sufficient descent or fall between Clowse-crosse and the Sea for the Drayning of the Fenns and that the most convenient place for conducting of the Drayn was from the Windmill Corner upon the West side of the Bank called Willow dike unto a place there called Gannok and from thence to cut through the Lands of the Queens Majesty and the lands of Henry Adam Esquire in the Fenn of Tid S. Mary in the County of Lincolne unto the Ea between both Shires viz. Lincoln and Cambridge at Graynes hill and so following the course of the old Drayn dividing both the Shires unto the Gote called Shire Gote 2. To the second Article that by estimation every perch from Clowes crosse to Gannok being in number 968. every perch having xx foot in length xxiiii in bredth and six foot in depth would cost for the making thereof xvs And every perch after the quantity aforesaid from Gannok to Graines hill 61 perches would cost xs the charges of the perches aforesaid amounting 75â—l. 06s. 08d. And from Graynes hill to Shire gote being in number 1732 perches would cost for every perch scowring 03s. 04d. that summe amounting to 288l. 13s. 04d. The summe totall 1045l. Item for building of the Clowes and for every other extraordinary charges thereto belonging they judgit would cost an hundred pounds The total of the whole 1145l. 3. To the third Article they presented that the charges of the Drayn from Clowes crosse to Graines hill should be born by the equal charges of Cambridgshire to be levâ—ed of all those Towns and grounds nigh adjoining and having Common or several in any Fenns or low grounds within any of the said Countries before-named reaping or taking any profit or Commodity by Drayning of the Fenns by the Drayn through Clowes crosse and so to the Sea 4. and 5. To the fourth and fifth Articles they presented a Bill or Book of several Countries and Towns thereunto annexed of all that they knew and for farther knowledge they referred it to the good discretions of the Lords Masters owners and dwellers within any of the Towns and grounds neer adjoining to the said Fens and reaping or taking any Commodity or profit any manner of wayes by the said Drayn called Clowes crosse Drayn or Shire Drayn 6. To the sixth Article they presented that to their knowledge there was neither detriment loss or hindrance like to happen to the Queens Majesty or any person or persons by opening the said Drayn the Clowes and Bankes being sufficiently made ordered and kept except two Acres of the Queens Majesties and Henry Adam Esquire but great Commodity and profit to all the Inhabitants and Dwellers neer to any of the said grounds or Fenns above South Ea Bank 7. And to the seventh Article they presented that they left it to the good discretion of the Commissioners to appoint at their pleasures Next followeth the names of all the Towns and Lands contributory and chargeable towards this work as also of the Treasurers and Surveyors for each County but what was accomplisht therein I am yet to learn Sure I am that it would have fallen far short of performing what was aimed at there being nothing more evident than that without a general Drayning all these particular attempts how chargeable soever would be of little moment witness that fair Chanel made by Iohn Morton Bishop of Ely in King H. 7. time called Morton's Leame or the New Leame extending from below Peterborough to Guy hyrne and this of Clows crosse as also Popham's Ea the Londoners lode and many others which cost had it been at once bestowed upon the main work might have gone far towards the accomplishment of a general exsiccation of this whole Fenny tract And this was at length experimentally found to be so by such as were men of skill and judgment to the end therefore that so noble and profitable an undertaking as this of a general Drayning would might be promoted and that the interâ—st of them who were Lords id est of the soyl of those great Waste grounds or any severals as were subject to such inundation might not hinder so laudable a work tending to the disburthening from those great and constant charges in Banks and Sewers which were found to be of little avail to that publick end and prevent the extraordinary benefit which as was cleerly seen would accrue thereby to the Realm that excellent Statute of xliij Eliz. was made intituled An Act for the recovering of many Hundred thousand Acres of Marishes and other grounds subject commonly to surrounding within the Isle of Ely and the Counties of Cambridge Huntendon Northampton Lincolne Norfolke Suffolke Sussex Essex Kent and the County Palatine of Duresme the preamble whereof runs thus Whereas it is apparent to such as have travailed in the execution of Commissions of Sewers in the Iles and Counties aforesaid that the Wastes Commons Marishes and Fenny grounds there subject to surrounding may be recovered by skillfull and able undertakers whereby great and inestimable benefit would arise to her Majesty her heirs and successors disburthening her Highness of many chargable Banks and works of Sewers within those surrounded gronnds as the increase of many able subjects by habitations being there erected and in like sort profitable to many her Highnesses subjects both bodyes politick and corporate who have estates of inheritance and other interest within the same And for that the Drayning and making dry and profitable of those surrounded grounds is chiefly hindred for that the greater part of them are Wastes and Commons subject yearly to surrounding wherein divers have Common by Prescription by reason of their resiance and inhabitancy which kind of Commons nor their interest therein can by the Common Law be extinguished or granted to bind others which should inhabit there afterwards And in that also it appeareth that the Commoners in respect of their poverty are unable to pay the great charges to such as should undertake the recovery of the same It was therefore enacted that the owners of
the very point questioned as also the continued practice of antient and latter times and likewise the opinion in writing of the Lord Chief Justice Popham upon the Questions touching the Authority and power of the said Commission viz. first whether the said Commissioners have Authority to cause new Banks Draynsâ— or Sluces to be made whâ—re none have been before Secondly whether they may lay a Tax upon any Hundred Town or the Inhabitants thereof in general and not impose it upon every particular man according to the â—uantity of his land or Common Thirdly whether they may commit to prison such as disobey their Orders c. and Fourthly whether that Actions of false Imprisonment Trespass and other Proces at the Common law have been brought against the Commissioners or their Officers for executing their Decrees Orders c. Their Lordships finding in their wisdomes that it can neither stand with Law nor Common sense that in a case of so great consequence the Law can be void of providence to restrain the Commissioners in making new works aswell to stop the fury of the waters as to repair the old where necessity requireth it for the safety of the Countrey or to raise a charge upon the Towns or Hundreds in general which are interessed in the benefit or loss with attending a particular admesurement of Acres where the service is to be speedy c. Or that a Commission of so high consequence to the Common-wealth and of so antient Jurisdiction both before the Statute and since should want means of coercion for obedience to their Orders c. whereas upon the performance of them the preservation of thousands of his Majesties Subjects their lands goods and lives doth depend and plainly perceiving that it will be a direct frustrating and overthrow to the Authority of the said Commission if the Commissioners c. shall be subject to every sute at the pleasure of the Delinquent c. Their Lordships ordered that the persons formerly committed by that Board for their contempts concerning this cause should stand committed untill they release or discharge such their Actions c. Saving nevertheless any complaint or sute for any oppression or grievance before the Court of Sewers or before the said Council board if they receive not Justice at the said Commissioners hands And that Letters be written to the Commissioners to proceed in their several Commissions c. And in pursuance of this general work the said Lords of his Majesties Council sitting at White Hall the ixth of May then next following orderd 1. That a Sluse must necessarily be made at the out-fall of Wisbeche River into the Sea at the charge aswell of the high-Countries as the low to be rated by the Commissioners of Sewers 2. That the River of Wisbeche and all the branches of Nene and Westwater â— be clensed and made in bredth and depth as much as by antient Record it shall appear they have been or where that cannot appear at the discretion of the Commissioners 3. That Weland be also scoured c. from the out-fall to Waldram Hall at the particular charge of the owners and their Tenants As also the River of South Ea from Crouland to Guy hirne by those that of right ought to do it and that till that be done Clows crosse drayn shall run 4. And that things to be farther done therein be referred to a new Commission of Sewers to be procured at the indifferent charge of the Countries therein mentioned After this viz. upon the xth of September the â—ame year in a Session of Sewers held at Wisebeche before Francis Lord Russell and other his Majesties Commissioners it was inter alia ordered That London lode should be dam'd up at Welle-Causey and that Popham Ea be made a perfect Sewer with Banks on both sides according to a former law for height bredth and strength and so continued for ever And that so much charge as the charge of the Banks on both sides of London lode and of the lode it self whereof they are dischardged by this Order shall be imployed upon the making and maintaining of the Banks and Sewers of Popham Ea the same to be rated by the Commissioners of Sewers And that the said Commissioners shall also consider what charge is to be imposed on those who by the old law were chargable towards Small lode and to allow the same upon Popham Ea c. Whereupon Sir Henry Hobart Knight then Lord Chief Justice of the Common Pleas being then advised with and likewise assisted by divers of the Commissioners of Sewers delivered his opinion touching this Drain called Smal lode as followeth viz. 1. That it is an old forsaken Sewer not known within the memory of man to have been in use and so grown up that the very tract thereof is not in many places discernable and that it is also uncertain whether the proper out-fall thereof should be towards the Ouse as an exemplyed Law of 39. Eliz. appointeth it or to Wisbeche River as some Presentments much more antient do declare it 2. That the scouring thereof hath antiently belonged to the owners of lands adjoyning now pertaining to Sinolphus Bell Esquire and others but for the reasons aforesaid not put in charge till the said Law of 39. Eliz. ordaining it to be opened and to have its fall by the new Powdich into Ouse 3. That by a Law made ix Iac. grounded upon a view and open debate in Sessions it was ordained to be dam'd up as unnecessary 4. That Popham Ea though a new Sewer is of such use in respect of its largeness and situation that it alone sufficeth as many think both to discharge the waters descending thither from the high Countries and those also of the grounds drayned by London lode that there is no use of this Smal lode 5. That therefore those lands adjoyning which belong to the said Sinolphus Bell and others be discharged from its repair c. Reasons confirming this opinion So long as the outfall of Wisbeche had its perfect being the whole River of Ouse had there its perfect outfall from whence the Town seemeth to have taken the denomination viz. Ouse or Wisebeche Thither then came the first Branch of Ouse from Erith by the course now callâ—d the West water to Benwick where meeting with a part of Nene which then was very small the greatest passage being in those days by Crouland South Ea Wride stream and other Courses about Thorney fell together by Great Crosse or Plant-water to the North Seas at Wisbeche The other part at Ouse being the second Branch fell down from Eryth to Harrymere and there meeting with the River Grant from Cambridge passed so united to Ely thence to Litleport Chair and so by Welney and Welle to the said North Seas at Wisbeche where it met with the former Branch from Benwick Then as it seemeth there was no River between Litleport Chair and Rebbech which is a
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
Occupiers of Lands lying in the said Towns and Parishes of Winterton and Bishop-Noâ—ton or either of them and their Heirs Executors and Administrators respectively shall continue in the peaceable and quiet possession of all and singular the said Lands and Tenements any thing before in this Act conteined to the contrary thereof notwithstanding And in case the said Sir John Monson his Participants and Adventurers and his and their Heirs and Assigns shall not within six Months next after such Iudgment Sentence or Order made and published by the said Commissioners as aforesaid upon request to be made by the said Owners or some of them perform and execute what on his and their parts shall be so ordered to be performed and executed that then the said Lords Freeholders and Owners of Lands lying in Winterton and Bishop-Norton aforesaid their Heirs Executors and Administrators respectively shall stand and be seised possessed and interested of all and singular the said Lands in Winterton and Bishop-Norton asoresaid in as full and ample manner as they or those under whom they claim bad held and enjoyed the same before the said Sir John Monson did undertake the said dreining And in case the said Participants shall not in like mannor convey to the said Sir John Monson and his Heirs the several proportions awarded to him by the said Commissioners as abovesaid That then it shall and may be lawfull to and for the said Sir John Monson and his Heirs to enter into hold and enjoy the same to the proper use of them the said Sir John Monson his Heirs and Assigns for ever And for the more fair and speedy execution of the said Commission by the time before limited Be it Enacted and ordained That in case the said Commissioners to be nominated by the said parties respectively upon a Months notice before given each to other of the time and placâ— for the execution of such Commission shall refuse to joyn and concur in the execution of such Commission that then 〈…〉 morâ— of the Commissioners to be nominated by one of the said parties only may proceed in the execution of the said Commission as fully as if the said Commissioners on both sides did agree and concur in the execution thereof Provided also and it is further Enacted and Declared by the authority aforesaid That none of the Lords Owners or Commoners aforesaid shall be sued or any wayes molested for any entries or trespasses heretofore made or done in the said five thousand eight hundred twenty and seven Acres or any part thereof set out for the said Sir John Monson and his Participants or for any entries or trespasses that hereafter shall or may be made or done upon the said five thousand eight hundred twenty and seven Acres or any part thereof untill the four and twentieth day of March next ensuing but that they and every of them are and shall be and are hereby released discharged and indempnified for the same against the said Sir John Monson his Adventurers and Participants and all and every person or persons claiming by from or under them or any of them and that the said Lords and Owners shall hold occupy and enjoy the said five thousand eight hundred twenty and seven Acres untill the four and twentieth day of March next ensuing without any disturbance to be made by the said Sir John Monson his Adventurers or Participants And be it further Enacted by the authority aforesaid That if the Commissioners of Sewers for the time being or any four or more of them shall adjudge it necessary to make any new drain or cutts through any part of the said Level and shall appoint where and how the same ought to be done that in every such case the said Commissioners or any four or more of them shall allot to every person and persons such damages as they or any four or more of them in their Iudgments shall think any such person or persons shall or may sustain by any such new cut or drain which being in the first place paid or tendred unto such person or persons it shall be lawfull for the said Commissioners or such person or persons as they shall authorise and appoint to make any such new cut or drain through any part of the said Level And it is further Enacted by the authority aforesaid That if it shall appear to the said Commissioners or any four or more of them that the Lands and Grounds in South-Ferraby in the said County of Lincolne are or shall be undermined washed away and made worse by the new Cuts Drains or outsalls That the said Commissioners or any four or more of them shall have power and are hereby authorized and required to give satisfaction to every person or persons so dampnified out of the said five thousand eight hundred twenty and seven Acres as they or any four or more of them shall think fit Exs. Copia vera Jo. Brown Cleric Parliamentorum * See the life of K. Edw. 6. by Sir Iohn Hayward p. 45. a Gen. 1.9 b 12. c Gen. 8.13 Egypt d Herod lib. 2. cap. 35. e Ibid. l. 2. cap. 19. f Strab. lib. 17. p. 786. D. g Ibid. p. 787. D. h Ibid. 788. D i Plin. 5.9 k Herod l. 2. c. 17. l Strab. p. 788 C. m Herod l. 2. â—apâ— 13. Herodotus out-lived Artaxerxes Longimanus K. of Perâ—ia Myris or Maeris reigned in the tenth Century after the floud n Herod lib. 2. cap. 137. o liâ— 2. c. 149. p Herod l. 2. c. 107. q Strab. p. 804. B. r Hero â— 2 c 158. s 2 Kings c. 23. v. 27. t Heâ—od ut supra u Liâ— 17. p. 804. B. w Exo. 15.23 x Strab. ib. y Ibid. p. 805. z 〈◊〉 l. 1â— p. 759. a 2. Chrâ— 8 1â— b 2 King 8.20 c 14 22. d 16. 6. e S. Hieâ—on de lociâ— f Strab. l. 17. p. 815. B. g Ib. p. 79â— C. h An. 1230. i Herod l. 2. c. 154 k Ib. c. 178. l Strab. l. 17. p. 791. n Strab. p. 8â—0 o Ib. p. 795. a. p Ib. p. 793. a. q Ib. p. 799. c. r Ib. p 793. a. s Diod. Sic. p. 19. B. t Herod l 2. c. 177. u Theoc. Id. l. 17. v 82. w Suet. in Aug. cap. 18. x Suet. in Aug. cap. 18. y Ioseph de bello Jud. l. 2. cap. 16. z Hist. of the World l. 1. cap. 10. Sect. 4. a C. Plin. nat hist. lib. 5. c. 26. b Ib. lib. 6. c. 26. c Ibid. d Plin. nat hist. l. 5. c. 26. e Strâ—b l. 16. p. 740. f Heâ—od l. 1. p 76. g Iâ—id Greece h Hâ—rod Polymnia l. 7. c. 129. p. 423. i Ibid. k Herod l. 2.10 l Strab. l. 10. n. 458. n Lâ—v. 43.915.922 o Plin. l. 18 c 3â— ex Cuâ—ne p Liv. l. 39. q Strab. l. 5. r Odyss l. 10. v. 158. s Hist. plant l. 5. c. 9. * An. 460. Plin. 3.5 t Liv. Epist. 49. Florus lib. 46. u Plin. l. 3. c.