choakâ— up did endanger the drowning the adjacent Marshes and that the clensing thereof pertained to the heirs of the said Richard And lastly that there was a certain Sewer called Ozflete pasâ—ing from the water of S. Thomas unto the Thames stopt up also for want of clensing to the great annoyance of the Lands of Iohn Capsho and Robert Allard which Sewer ought to have been scoured by the said Iohn and Robert It was therefore ordained by the before-specified Justices that the said Sir Iohn le Latimer and the rest of the persons so presented as aforesaid should be distrained to make good the several repairs above-mentioned so belonging unto them In 26 E. 3. Will. Thorpe Iames Hâ—fee and Will. de Fifhide were appointed 〈◊〉 view and repair the Banks aâ—â—he Stewes and in other places adjaâ—â—â—â—â— by the breach whereof divers groundâ— and meadows lay then totally drowned And in 37 E. 3. Edmund Chelreye Thomas Morice and Michael Skillyng had the like appointment for those Banks neer the said Stewes which were opposite to the Mannour House of Iohn de Moâ—bray Before which Commissioners divers presentments were then made touching those Banks and Sewers neer the same Stewes where divers persons being found faulty paid fines to the King others acknowleged that they ought to repair them by the perch and others had made good what belonged to them to do whereof the Prior of S. Iohns of Ierusalem was one who had two Mills there and other lands to the value of xl per annum The like was certified of Sir Iohn de Moubray Knight and Elizabeth his wife daughter and heir of Iohn de Segrave In 42 E. 3. Iohn Lovekin Will. Taâ—ke Will. de Neudigate anâ— othâ—rs had the like assignation for the Banks c. extending from a place called Dâ—nielissewalle in this County of Surrey to Roddisâ—orne in Kent And in 48 E. 3. Robert Bealknap Will. Halden Roger Dygge and others for the same Banks betwixt Danyeleswalle and the Land of the Prior of S. Marie de Overe and about a medow called Croâ—chemede by which Commiâ—sion â—hâ—y â—ere directed to proceed according to the Law and Custome of this Realm of England In 4 H. 5. Iohn Pâ—eston Sir Iohn Dâ—ayton Knight Thomas Rothewell junior Thowes Drewe Richard Wydeforde and Thomas Coventre were constituted Commissioners for the view and repair of the Banks Ditches c. all along the Verge of the Thames on both sides from Reading to Oxford which were then broken in many places with appointment to proceed therein according to the Law and Custome of England The next year following Iohn Preston Iohn Martyn Iohn Corf Iohn Appulton Robert Skyrne and Nicholas Conyngston had the like Commission for those Banks c. betwixt Depford strond and Bermundsey wherein they were directed to act according to the Custome of â—he Marsh and the Law and Custome of this Realm In 22 H. 6. Sir Iohn Burcestre Knight Ricâ—ard Bamme Richard Comâ—e Will. Oâ—â—urne Adam Lynelord Iohn Martyn Iohn Malton and Will. Kyrton were assigned to view all those Banks on the side of Thames and marshes adjoyning aswell within the Lordships of South Lambehithe North Lambehithe Lambehithe mershe and Parysh-garden as in Southwerk Bermundsey Retherhithe Depford stronde Peckham Hacham Camerwell Stokwell Clopham and Newyngton in the Counties of Surrey and Kent which were at that time broken and in decay and to take order for the repair of them As also to make necessary Laws and Ordinances for the safeguard and preservation of them according to the Laws and Customes of Romeney Marsh And morâ—over to imprâ—st so many Diggers and Labourers to be imployed thâ—rein upon compâ—â—ent salaryes as should be necessary in respâ—ct of the great necessity at that time for the speedy dispatch of that work The like Commission and direction had Iohn Bamburgh Richard Bamme Richard Drax and Philip Leweston in 25 H. 6. for the Banks in the same Lordships and places And in 31 H. 6. Sir Iohn Burcestre Knight Richard Waller Esquire Will. Laken Philip Leweston and others had the like for the view of all the Banks from East-Grenewiche in Kent to Wandesworth in Surrey So also had the said Sir Iohn Burcestre Sir Iohn Cheyne Knights Richard Waller Esquire Will. Laken and others for those betwixt West-Grenewiche and Wandesworth aforesaid viz. to the Sluces callâ—d Harescluse Râ—therhithe Suthwerke Bermondsey Parysgaâ—dyn Lâ—mbehythe Lambehythe mersh Batersey Wandesworth Clopham Pekham and Camberwerwell The like Commission for the same Places and to proceed accordingly had Sir Iohn Bourgchier of Barners Knight Sir Iohn Burcestre Sir Iohn Cheyne Knights and others in 33 H. 6. So also had Sir Raphe Iosselyn Knight Mayor of the City of London Sir Walter Moile Knight Sir Iohn Burcestre Knight Nich. Gaynesford Esquire Iohn Wode and others in 5 E. 4. And likewise Sir Richard Fenys Lord Dacres Iohn Abbot of Bermundsey Henry Prior of S. Marie Overey in Suthwerk Will. Crosse Master of the Hospital of S. Thomas the martyr in Suthwerk and divers others in 14 E. 4. CAP. XV. HAving now done with the Marshes on the South part of Thames I come to those on the North side lying in the Counties of Midlesex and Essex beginning with Middlesex where the first mention I find of any thing in this kind is that in 26 E. 1. Robert de Retford and Henry Spigurnell were assigned to view and repair the Banks and Ditches in Stebbenhethe and the parts adjacent After this viz. on Wednesâ—ay next after the Feast of S. Martin the Bishop in 18 E. 2. there was an inquisition taken at the Hospital of S. Kathrines neer the Tower of London before Will. de Broke and Robert de Kellesey then the Kings Justices for view of the Banks Ditches c. lying betwixt the said Hospital and the Town of Chadewelle and for repair of the same before whom the Jurors did present upon their Oaths that a certain person of antient time Lord of the Mannour of Stebenhethe before-mentioned whose name they knew not did by his industry recover a certain Marsh there containing about an hundred Acres of Land which Marsh was then drowned by the overflowing of the Thames and at the time of the said presentment so made had Banks Ditches c. and did so lye betwixt the said Hospital and Shadwelle but through the want of their repair was then frequently overflowed and in divers places drowned to the great damage of the people in those parts Which Lord of the said Mannour of Stebenhethe did afterwards grant by Charter to certain of his free men xlij acres and a half of Land with the appurtenances severally by parcells to be held by them and their heirs by certain services for ever and to repair and maintain the said Banks Ditches Sewers c. viz. each man upon his own proper ground bordering on the said River of Thames of which xlij
was amended at the time of the presentment made and long before as the said Abbot and his Tenants of UUythies had also pleaded And as to the Trees growing athwart the River at Monketon they said that they did grow above those Mills â—here boats never came nor ought of right to come as the said Abbot had also pleaded And touching the pleck of Osiars they said that the same nusance was amended and totally removed as the Tenants of the said Abbot had also pleaded And as to the ground in Monketon appropriated by the said Abbot his Servants and Tenants by planting of VVillows and other Trees thereon they likewise said that the said nusance was also amended and totally taken away as the said Abbot had alleged Upon all which considerations it was determined that the said Abbot and his Tenants and Servants excepting the before-specified amerciaments should be dischardged In 11 R. 2. there was another general Commission directed to the Abbot of Glastonbury Nicholas de Audley Guy de Brienne and others for the view and repair of all the banks Ditches c. in this County In 2 H. 4. Sir Peter Courtney Sir Humfrey Stafford Sir William Bonville Sir Thomas Brooke Knights Iohn Strech and Iohn Manyngford were appointed to view and repair the banks c. at Bristoll Mertok Taunton Yevelchestre Welyngton Dunsterre Bruton and Severne and in all places betwixt Bristoll and Dunsterre and betvvixt Bruton and Severne to do all things therein according to the Law and Custome of this Realm In 6 H. 4. the Master of S. Marks House in Bristoll was dischardged from the repair of the Bridges scouring of the Ditches and making of Sluses in the Towns and places of Powlet Combwich Pyriton Huntspill and betvvixt Blakbrig and Purytonbrugg as also from the clensing the Chanell called Hyburne and likewise that which goeth from the Town of Cork running to Hyburne betwixt the Mannour of Stokeland which belonged to the said Master and the Mannour of Wyke which was the Lord Poynings And likewise for the Sluce of Thele for shutting out the Sea-water and moreover for the stone bridge in the VVarth of Wyke In 5 H. 5. Sir Will. Botreaux Knight Thomas Chaucer and Richard Chedder Esquires Iohn Stourton William Sparow and Iohn Gregori of Bruton were assigned to view and repair the banks betvvixt the Cities of Bathe and Bristol and from Yilcestre Lamport Briggewater and Taunton and to proceed therein according to the Custome of the Marsh and the Law and Custome of this Realm The like assignation in 2 H. 6. had N. Bishop of Bathe and Welles Sir Will. Botreaux Sir Thomas Stowell Knights William Westbury Iohn Warre Iohn Stourton and Iohn Beaf for the banks in Brentmershe Wryngemershe and Pouldon and to do all things therein according to the Law and Custome of this Realm As also to take so many Labourers upon competent wages to be imployed therein as should be requisite in regard of the great necessity of expediting the vvork So also the next year following vvere Sir Thomas Broke Knight Richard Cheddre Esquire Iohn Marchant and William Newetone for those betwixt Yevelchestre Burneham and Welles and to act therein and imprest Labourers as aforesaid And in 33 H. 6. Sir Thomas Seymour Knight Robert Warre Esquire Alexander Hody Roger Fitz Iames Iohn Sidenham junior Iohn Porter and William Bodesham had the like appointment for the banks c. betvvixt the Town of Langeport-Estoner on the East side and the Town of Thurlokeston on the West as also betvvixt the Tovvn of Cory-Malet on the South part and the Tovvn of Briggewater on the North and to make Lavvs and Ordinances therein and to proceed in all things touching the same according to the Lavv and Custome of Romeney Marsh. And in 3 E. 4. Richard Chokke Sir Theobald Gorges and Sir Walter Rodeney Knights Iohn Fitz Iames senior and Robert Stowell Esquire had the like for the Banks c. from Ryngwelle to Haylake Yoo thence to Shestrygge Yoo thence to Colestoke and thence to Blakstake in the See and to proceed therein as abovesaid Thus much for the Commissions I next come to the Watercourses of Brent marsh and who did antiently repair them The Lord of Bageworthe ought to repair the Chanel from Blakelake unto the Sea And the Lord of Bitesham that from Winesbrugge to the Sea Philip the Son of Corbin that from Winesbrugge to Blakelake Hugh the Son of Auger and the same Philip from Hengestes mere to the Sea The second course from Hengestesmere to the Sea the same Hugh the son of Auger and the third course from Hengestesmere to the Sea Raph de Seinbarbe From the mouth of Mere to the Sea the Church of Glastonbury and from another part from Blakeswelleshevede to the Sea the Church of Glastonbury From Schipperide to Wakefen the Dean of Welles and so from Wakefen to the Land of Robert de Ewyas Lord of Hewisch and from Brodecrofte to the Mill of Geffrey Lord of Burham From Thipride to Baggepole the Dean of Welles and Lord of Blakeforde Also from Baggepole to Watebrok the said Lord of Blakeforde From Wathebrok the Dean of Welles upon his own Land and Robert de Countvile also for as far as his Land extended After him the Lord of Alnodestone beyond Aldodestone were beyond Wereham Bagerde superior and inferior to the Sea So also from Bethepulle unto the Land of Chalftone and from Ewendone and Chalftone unto Cosingtone and from Cosingtone to Honispel and thence to the Sea Sedgmore There is also in this County a large Fenny plain which being covered with water for the most part of the VVinter and in Summer affordeth nothing but Rushes Reeds and Sedge hath thence the name of Sedgmoore Over this level there is a fair Causey of stones and gravel from Somerton to Bridgwater about eight miles in length antiently made by one of the Abbots of Glastonbury as tradition saith which still bearing his name is called Graylock's fosse I do not find from the authority of any Records or other credible testimony that there was ever any endeavour used for the improvement of this Moor by drayning till of late dayes that King Iames of blessed memory making title to the soyl resolved to do it But as in most other places there be a perverse generation of people who of themselves are not content to sit still but will hinder others that would promote such laudable works for the publick good so was it here for divers there were that made opposition thereto But after a Bill exhibited in the Exchequer those opponents and the rest of the owners of the adjacent Lordships commoning with their Cattel upon this Moor discerning that they could make no justifiable claim to the soyl offer'd to assign unto the King four thousand Acres in lieu of his right thereto and to lay out the residue being nine thousand five hundred twenty and two Acres unto those their
Lordships which being accepted of by the King there were Allotments then made according to the proportion of each Mannour Neverthelesse after this fair entrance to so good and beneficial a work nothing was done therein To give some encouragement therfore to posterity in case this present age shall still decline it I have here exhibited a perfect Map thereof with the particular Allotments assigned to each of those bordering Lordships The Division and Allotment of King's Sedgmore to the several Mannours and Freeholders thereunto adjoyning according to the Survey thereof taken   Quantity of the Mannors Allotment of Acres in the Moor. Names of the Mannors  Acres Acres Dunwere Bower To the heirs of Sir Robert Chichester 600 171 To William Hinkmore Esquire 350 100 To Brent's Lands there 260 75 Stawell To Sir Iohn Stawell Knight of the Bathe 960 274 Sutton Mallet To Iohn Mallet Esquire 820 234 Bawdrippe To Walter Longe Esquire 765 218 Brodney To Thomas Muttlebury Esquire 246 70 Middle Zoy. To Richard Warr Esquire 1714 488 To Sir â—ichard Strode 194 56 To the Freeholders there 80 23 Mourlinch To the heirs of Mr. Floyer 1240 354 Higham To Henry Lord Gray 2485 708 Netherham To the heirs of Sir Edward Hext 928 264 Aller To Sir Iohn Stawell   Berre To Sir William Courtney 400 114 To Iames Northover Gentleman his Farm there 300 86 To the Parsonage and other Freeholders there 100 29 â—ishcot To Sir Thomas Cheeke 1846 526 Horsey To Sir George Horsey 1293 370 Ched Zoy. To William Earl of Pembroke 1440 411 Wesâ—on To Sir Peter Van Lore 2038 582 To the Parson and Vicar Iohn Brag and Nicholas Watts   Othery To Edward Trint Esquire 1378 393 To Mr. Balle Mr. Harris and Mr. Sanders their Freeholds 121 35 Somerton To Thomas Hill Esquire 1430 408 To Iames Rese Esquire 464 132 To the heirs of Sir Edward Hext 3159 901 To the Parsonage there 171 49 To the Church-Burgages 52 15 Graynton To the heirs of Mr. Watts 1019 291 Pitteney To William Earl of Northampton 1114 318 To the heirs of Sir Iohn Hanham 882 251 Cumpton Dondon To Sir Iohn Strangways Knight 1921 548 To Baronet Portman his Freehold there   Walton To Sir Thomas Thinne 1893 540 Streete To Andrew Whittington 1711 488 To Mr. Alexander Deyer   To Freeholders omitted    Memorandum that these Allotments were rated proportionably after the rate of xxviij Acres and a half of the Moor by the perch of xv foot to every hundred Acres of the severals The total 32374 Acres The total 9522 Acres besides 4000 Acres intended for the King CAP. XXIâ— TOuching the Marshes in this County the first Commission that I have found was in 5 E. 2. and directed to Iohn de Wyllington Robert de Clyderhom and Stephan de Salt-marsh for the view and repair of the Banks c. in the parts of Hambury in Saltmersh The like about two years after was directed to Nich. de Kyngeston Richard de Rodeneye and Iohn de Dunstaple In 33 E. 3. Thomas de Berkelee of Coberlee Simon Basset William de Chiltenham Iohn de Yate and Iohn de Clifford were assigned to view and take order for the repair of all those which were bordering upon Severne betwixt Bristoll and Gloucester So also in 36 E. 3. were Thomas Moygne Iohn Tracy Iohn Clifford and Iohn Sloghtre And in 38 E. 3. the said Iohn Tracy Iohn Clifford and Iohn Sloghtre Who accordingly sate at Thornbury upon Monday next after the Feast of S. Peter ad Vincula where the Juroâ—s presented unto them upon Oath that Iohn Fitz Nicholl Lord of Hull was bound to receive the watercourse of the Rendyche lying betwixt the Lordships of Roehampton and Hull and to lead the same upon his own land unto the Severne which he had not done and that the Country was dampnified by such his neglect And the same Iohn being thereupon distrained to come before the said Justices at Sobbury on Wednesday next after the Feast of Peter Paul in the 39th year of the said K. E. 3. to answer thereunto came and said that he ought not nor ever did receive and lead the said Watercourse upon his own proper soil unto Severne as it was alleged and therefore did put himself upon the Countrey And accordingly was dischadrged therof by the Jurors In 44 E. 3. Iohn Moubray Will. Wakebrigg Iohn Sarjaunt Robert Palet and William Church hill were appointed to view and repair the Banks c. in Saltmersh neer Bristoll In 2 R. 2. it was certified that there was and antiently had been a certain standing water occasioned by rain in the Meadows and Fields of the Towns of Aylbrighton Olveston Auste neer Cotes and Littelton in the Winter season every year for the drayning whereof there likewise was and antiently had been a certain Trench wholly out of the land the Abbot of Malmesbury extending from the waters of the said Towns to a certain place called Holpole and from thence to another place called Holpole and thence to a place called Pynkenhampspull and thence to another place called Cakepull and thence to Severne which is an arm of the Sea Which trench the said towns of Aylbrighton Olveston Auste neer Cotes were obliged to scour And they said that neither the waters of Aylbrighton Olveston Auste neer Cotes and Littelton nor any other waters coming upon or overflowing the Lands and Meadows of those Towns by rain or any other means before the twentieth year of the reign of King Edward the first did use to run to Boyston nor from thence to Severne noâ— Littelton's pull nor to the trench which the said Abbot claimed only for the drayning of the waters overflowing his Lands unto Severne as by the allegation of Thomas Shardelowe then the said King's Attorney was supposed Several other Commissions there were in this King's time for the repair of the Banks Ditches and Sewers in this Shire viz. in 4 R. 2. to Sir Thomas de Berkele and Sir Iohn Thorpe Knights Raphe Waleys and Iohn Stanshawe for those in the Towns of Albrighton Olveston Luttleton and Aust neer Cotes In 6 R. 2. to Sir Iohn Beauchamp of Powyk and Sir Will. Castelacre Knights Iohn Cherleton and William Heyberer for all in general throughout this County In 8 R. 2. to Sir Thomas Berkele Sir Iohn Berkele and Sir Edward de Bradeston Knights Robert de Cherletone Iohn Sergeant Raphe Weleys and Iohn Stanshawe for those on the coast of Severne in the Hundred of Berkele Grumbaldesash Thornebury and Hembury In 9 R. 2. to Thomas Berkley of Bâ—rkley Robert Bealknap Iohn Berkley Iohn Tracy Iohn Sergeant and Iohn Lucy for those on the coast of Severne and parts adjoyning So likewise in 13 R. 2. to Sir Iohn Berkele Knight Iohn Cassey Raphe Waleys and others In 16 R. 2. the King directing his Precept to
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
thereupon In the same year also Will. Lord Wilughby Raphe Crumwell Philip Spenser Robert Tirwhit and Robert Cumberworth were appointed to view and repair the Banks and Sewers betwixt Grymesby and Waynflete and to do all things therein according to the Law and Custome of this Realm and the Custome of Romney marsh The like appointment the next year following had the said William Raphe and Philip with Richard Muriell and Albine de Endirby for the same Banks and Sewers and direction to proceed therin according to the Law and Custome of the Marsh. In which year I find it presented that the Sewer called the Ea ought to be repaired from the West end thereof unto the Sea by VValter Athall Fermour of the Duke of Lancaster's â—ishing and VValter Ranson Fermour of the Lord of Dalbye's fishing And that the South-west bank of Lusdyke ought to be repaired by the village of All Saints in UUaynflete As also that the Chanel of Lusdyke from Stordyke unto the Eas end ought to be repaired by the same village And that the Ea from the VVest end thereof unto Normandeepe ought to be repaired by the Fermours of the fishing belonging to the said Duke and to the Lord of Dalby In 1 H. 4. Henry Earl of Northumberland Sir Will. de Wilughby Sir Walter Pedwardyn and Sir Iohn Rochefort Kts Robert Tirwhit Will. Michel and Albine de Enderby had Commission for the view and repair of those Banks and Sewers betwixt Boston and Friskeney with power to hear and determine all things therein according to the Law and Custome of this Realm and the Custome of Romeney marsh and to take so many Diggers and other Labourers upon competent wages in respect of the great and instant necessity as they should think requisite to be imployed in the said work Other Commissions of the like kind were shortly after directed to sundry persons viz. in 6 H. 4. to VVill. de VVylughby Iohn de Rocheford Rob. Elkyngton VVill. de Ludington Thomas Somercotes Thomas de Enderby Iohn Symons and Robert VVhite for those within the precincts of UUrangle to Barton upon Humbre with appointment to proceed therein according to the Law and Custome of this Realm and so likewise in 7 H. 4. to the same VVilliam Iohn Albine de Enderby VVill. de Ludington and others In 9 H. 4. to VVill. Lord VVylughby Sir VValter Talboys and Sir Richard Haunserde Knights Robert Tirwhit Will. de Lodyngton Will. Michel and Thomas Enderby for those betwixt Boston and Trent In 10 H. 4. to Sir Will. de Wylughby and Sir Iohn de Rocheford Knights Will. Lodyngton Thomas Wace Richard de Bradlay and Will. Boleyne for those betwixt Boston and Skegeneys and in divers towns and places within the Sokes of Bolyngbroke and Horncastre with direction to proceed therein according to the Custome of the Marsh and the Law and antient Custome of this Realm In 11 H. 4. to Robert Tirwhit Sir Iohn Rocheford Knight Robert Waterton Iohn Waterton Iohn Skipwyth Will. Lodyngton Richard Tournay Richard Bradley and Thomas Wace for those betwixt Boston and Friskeney and to act therein according to the Law and Custome of this Realm and the Custome antiently used in that place In 12 H. 4 to Robert Lord Wylughby Sir Thomas Wylughby Kt. Robert Tirwhit Robert Waterton and others for those betwixt Boston and UUaynflete with appointment to do all things therein according to the Law and Custome of this Realm The like Commission the same year had Rob. Tirwhit Sir Richard Haunsard Knight Will. Lodyngton Nich. Tournay Thomas Claymond Henry Morley Iohn Skipwith and Robert Feriby for those Banks and Sewers from Littulburgh all along the River of Trent to Humbre and from Bishops brigges on the River of Ancolme to Humbre So also had Thomas VVace Richard Bradley and others for all the Banks and Sewers throughout this whole Province of Lindsey as also for those betwixt Boston and Friskeney before whom sitting at Bullingbrooke on Friday being the Feast day of S. Ambrose the Jurors presented upon Oath that it would be fit for the preservation of the Eastfenne that the Dam of Waynflete be shut throughout the whole year that the salt water being kept out of the wash the grasse and weeds growing therein might be totally destroyed and to be thus stopped up by the towns of the Wapentake of Bullingbroke and the Inhabitants of UUrangle Leake Leverton Benington Butterwik Freston and Tofte in such sort that the water descending from the mountainous parts of Lindsey and running into a certain Sewer called Lusdyke in Lindsey viz. in Thorpe UUainflete and Stepinge should be so kept within the bounds of a certain trench that it might not enter into the said Washe of the Est fenne but keep it course to the Haven of UUaynflete and thence to the main Sea In 13 H. 4. the King by his Attorney impleaded Will. Leveryk of Irby and Isabell his wife for making of a Ditch in a certain place in UUaynflet called Hall dale by means whereof four Sewers which passed the fresh waters from Bullingbroke and other Towns adjacent in Est fenne and UUest fenne became obstructed to the prejudice of the said Kings fishing there and the overflowing of four Acres of his said land In 1 H. 5. Robert Tirwhit Sir Richard Haunsard and Sir William Frank Knights Thomas Enderby Richard Hawe and Simon Louthe were constituted Commissioners for the view and repair of the Banks Sewers and Ditches from Wytherne to the Sea and betwixt Saltfletby and Trusthorpe and to do all things therein according to the Law and Custome of the marsh Divers other Commissions to the like purpose were shortly after directed to sundry other persons viz. in 6 H. 5. to the same Rob. Tirwhit Will. Lodyngton Tho. Cumberworth Roger Flore Thomas Enderby Thomas Somercotes Iohn Kyme and Iohn Langholme for all the Banks and Sewers in this Province of Lindsey In which Commission they had direction to proceed according to the Law and Custome of this Realm In 1 H. 6. to the same Robert Tirwhit Thomas Santone Robert Feryby Robert Wasselyn Henry Morlay and Thomas Belwode for those betwixt the Rivers of Trent and Ankholme wherein they were to act according to the Custome of the Marsh and the Law and Custome of the Realm In 4 H. 6. to Sir Robert Wylughby Sir Raphe Crumwell Sir William Crumwell and Sir Raphe Rochford Knights Walter Talboys Robert Tirwhyt Iohn Kyme Richard Hawe and Iohn Veere for all the Banks Ditches and Sewers throughout this coast of Lindsey In 6 H. 6. to Iohn Beaumont Sir Will. Tirwhit Knight Iohn Ellerker Robert Feryby Iohn Tourney and others for those betwixt Grymesby and Burton Stather In 9 H. 6. to Sir Robert Wylughby Sir Raphe Crumwell and Sir Raphe Rocheford Knights Iohn Ellerker Walter Talboys and others for all within this whole Province of Lindsey
with directioâ— and power to make Laws and Ordinances for the safeguard and preservation of the Sea-coasts and Marshes of the same and of the adjacent parts consonant to the Laws and Customes of Romeney marsh and to hear and determine of all things touching the same according to the Law and Custome of this Realm and the Custome of the said Marsh As also to imprest so many Artificers and other Labourers for that work upon reasonable salaries as they should deem necessary to imploy therein considering the great and urgent necessity to hasten the same The like Commission in 11 H. 6. had the said Sir Robert Wylughby Sir Iohn Beaumont Sir Raphe Cromwell and Sir Thomas Cumberworth Knights Iames Strangways Iohn Ellerker and others In 12 H. 6. it was found by Inquisition that the Haven of Waynflete ought to be repaired by the Tenants of the Duke of Lancaster and the Lord of Dalby And so likewise the Ea from that bridge which is towards the Church of All Saints towards the Dam. And in 15 H. 6. I find that there was an allowance of xxijl. iiijs. ixd. for the repair of that Haven whereof the Lord of Dalby for his third part allowed vijl. viijs. iij d. and the Lord of Bullingbroke xijl. iijs. ij d. over and above Liijs. iiij d. to be paid by the Bayliff upon agreement At which time it was likewise presented that the said Haven of Waynflete from the Dam unto Lymgreynes and thence to Norman dâ—epe ought to be repaired by the Lords of Bullingbroke and Dalby In 17 H 6. at a Session of Sewers held at Louthe upon Saturday next after the Feast of the Epiphany before Richard Haghe and Iohn Langholme with their associates then in Commission for the view and repairs of the Banks Ditches and Sewers in these parts there was a presentment exhibited by the Jurors shewing that it would be most profitable and necessary for the drayning and evacuation of the superfluous water from the North Common of Wynthorpe towards the Sea that there should be made one new and competent Sewer in that common extending it self from Tonlond gate in Wynthorpe unto a certain Sewâ—r there called the Old Sewere and so descending towards the North unto the Fee of the Dutchy of Lancaster called Fivescore acres in Ingoldmels thence towards the East into a certain Sewer there called the Old Sewer where it would be commodious and expedient for the conduct of the superfluous water towards the Sea to make a new Gutter in that very place where the Chanel called the Old Gote in Ingoldmels was unto the said Old Sewer and so descending to the Fee of the Lord Wylughby and Sir Iohn Gryffith Knight called Redelandes in Skâ—gnes and thence into a certain Sewer called the Old Sewer in Skegnes to the Sea And that the said Sewer and Gutter ought to be made and afterwards repaired by all those who had lands or Tenements in the North Common of Wynthorpe and the North Common of Skegnes in respect of what they enjoyed in those places that is to say every one according to the number of his Acres there and by the Land-holders of Fivescore Acres in Ingoldmels aforesaid viz. every man according to the number of his Acres there The Shireeve therefore of this County was commanded to summon all the said Land-holders in the said places called the North Common of Wynthorpe and the North Common of Skegnes and likewise in the Fivescore Acres in Ingoldmels before-mentioned to appear before the above-mentioned Commissioners at Louthe upon the Monday before Palme Sunday then next ensuing to shew what they could say for themselvs why they ought not to make and repair those Sewers according to the form of the before-specified Presentment At which day Robert Etton then the Kings Attorney came to Louthe aforesaid but the said Shireeve not receiving his Precept soon enough could not summon those Land-holders to be there as abovesaid therefore he was required to give them warning to appear at Burwell on the Monday in Whitson week then next following which he did do accordingly but none of them came the Court therefore ordered that the before-specified Sewers and Gutter should be made repaired by all the said Land-holders at their own proper costs and chardges according to the form of the same Presentment In 22 H. 6. Sir Robert VVylughby Sir Leon Welles and Sir Raphe Cromwell Kts Robert Sheffield Iohn Langholme and others were constituted Commissioners for the view and repair of all the banks c. in these parts of Lindsey and to determine all things therein according to the Custome of the Marsh till that time used and approved and according to the Custome of this Realm In 24 H. 6. Iohn Viscount Beaumont Sir Raphe Cromwell Sir Thomas Cumberworth and Sir VVilliam Tirwhit Knights Iohn Tailboys Richard Waterman Robert Sheffield and others had the like Commission for the view and repair of all the Banks Ditches and Sewers in the Wapentakes of Yarburgh Mauley Coryngham Weâ—le Lanres Haslokhowe and Walsh croft within this Province and to make Laws and Sâ—atutes proper for the same consonant to the Laws and Customes of Romeney marsh As also to do all things therein according to the Law and Custome of this Realm and the Custome of that Marsh And to take so many Labourers upon competent wages to be imployed in the said work as should be necessary for the same considering the great necessity of expedition to be used therein Many other Commissions for the Banks and Sewers aswell throughout this whole Province as in sundry places therof were afterwards issued out to several persons of the superiour rank in these parts viz. in 29 H. 6. to Sir Robert Wylughby Sir Leon Welles and Sir Raphe Cromwell Knights Richard VVelles Esquire Iohn Taylboys Rich. Waterton and others for those Banks c. throughout this coast of Lindsey with direction and authority to proceed therein as abovesaid So likewise in 31 H. 6. to Iohn Viscount Beaumont Sir Leon Wellys and Sir Raphe Cromwell Knights Iohn Tailboys and others As also to the said Iohn and Raphe with Sir Hugh Wythom Knight Richard Bedyngton and others for those within the Precincts of Skegney Dodyngton-Pygote and Tyd-gote in this County In 34 H. 6. to the said Iohn Viscount Beaâ—mont Iohn Taylboys Richard Waterton Robert Sheffield and others for those in the Wapentakes of Yarburghe Manley Coryngham Welle Laures â—aslokhowe and Walshcrofte in these parts of Lindeseye In 35 H. 6. to the said Iohn Sir Richard Welles Lord Wylloughby Iohn Taylboys Robert Sheffield Richard Benyngtone of Boston and others for all those throughout this whole coast The like Commission in 2 E. 4. had Sir Humfrey Bourchier Lord Cromwell Sir William Skipwith Knight Thomas Burghe Thomas Blount Iohn Whichecote and divers others In 6. E 4. to Richard Pynchebek Richard Welby Iohn Pynchebek Thomas Meres Leonard
them But within the sâ—ace of two years following they were all thrown down again and the stones carried away by the men of Kesteven Whereupon a Commission was granted and sate at Donington on Thursday next after S. Matthew's day in 17 R. 2. by Robert Lord Willughby and others to make enquiry and to punish the offenders sundry whereof were therefore hang'd some baniâ—hed and some fined in great sums and command given for erecting new Crossâ—s of stone at the chardge of these men of Kesteven In 10 H. 4. Iohn Earl of Somerset brother to the King Will. Lord Roos Robert de Tame Iohn de Holand de Welysthorpe with others were constituted Commissioners for the view and repair of all the Banks Ditches c. both upon the seacoast and elsewhere within this province of Kesteven and to proceed therein according to the law and custome of the Marsh there before that time used and the law and custome of this Realm In 7 H. 5. there was a Prâ—sentment exhibited against the town of Brunne with the hamlets of Dyke and Calthorp and against the Town of Morton and Hermethorpe for turning the fresh waters towards the North which ought to run Eastwards into the Sea But notwithstanding the boundaries betwixt these Provinces of Kesteven and Holand so set forth as hath been said I find that Margaret Countess of Richmund and Derby being Lady of Deping in 16 H. 7. did then procure a new Commission directed unto Robert Lord Willoughby Thomas Lord Rosse Thomas Lord Fitzwalter George Lord Hastings Iohn Lord Fitz Warren Sir Robert Dimock Sir George Taylboys Edward Stanley Christopher Willoughby and Reginald Bury Knights to hear and determine the controversy between the Inhabitants of the parts abovesaid Which was accordingly done by these Jurors viz. Sir Robert Hussey Knight Sir Iohn Digby Knight Sir Iohn Thimelby Knight Thomas Dimock Richard Thimelby Richard Harington Will. Erminâ— Will. Mounson Iohn Bâ—ssy George Asâ—â—â—y Robert Tirwhit Richard Cecill Iohn Bâ—llâ— William Fitzwilliam Iohn Folâ—ingham Will. Leigh Thomas Desney Richard Grantham Edward Askew George Mackwoâ—th Thomas Billesby Will. Thorold Will. Enderby and Iohn Walcot Esquires CAP. XLIII HAving now done with what concerns the Province of Kesteven alone I come to it and Holand joyntly whereof the first mention that I have met with is of the afforestation made by King Henry the first in these parts which continued not long for it appears that King Richard the first about the beginning of his reign by his Charter to the Monastery of Spaldyng of the Towns of Spalding and Hinchebec with the lands waters and Marshes to them belonging did acquit the Inhabitants of those places from all duties belonging to the Forest as also of Harts and Hindes with all other wild beasts and of all Forest Customes and exactions which had used to be there do â—e or required so that no Forester or any other might thereupon vex or disquiet them And moreover gave them License to make Banks and Ditches to inclose their Lands and Marshes as also to build Houses and exercise tillage as they themselves should think fit within these particular metes and bounds viz. betwixt the river of Wailand and Chelebeche in length and from Midfen dic which is the division betwixt these two Provinces of Kesteven and Holand and Gudramesend which is the boundary as far as Saltene in bredth and Hasmanespade as the said river of Wailand coming from Crouland descendeth to the Sea From this deafforestation abovementionâ—d I shall descend to King Henry the third's reign in whose time I find that there was a Precept directed to the Shireeve touching the partition of Hauthuntre-Fen by the consent of those that had right therein whereby the said King gave special command that each Town might have their due proportion thereof assigned to them but in the first place that a Perambulation should be made by the Oath of xij lawful and discreet Knights betwixt it and the Fen called Fenting fen viz. in length from the Town of Swinefheved to a little rivulet called Barkesmere and so from the Marsh of Stevening as Barkesmere goeth betwixt the said Fen called Hauthundrefen and the Marsh of Hale unto the river of Kime and so in length by the said river of Kime to Dockesdike and from thence by the water Wuna to certain land of Boston And that so soon as the said Petambulation should be thâ—s accomplisht then to make partition of the before mentioned Fen by the Oaths of those Knights in such sort as each Town might have an assignation of their particular share to dispose and make improvement of the same according to their own best liking After this viz. in 44 H. 3. the King then directing his Precept to the Shireeve of this County whereby taking notice that not only the Landholders in those parts but himself had suffered inestimable damage by the overfloâ—ing of the Sea and likewise of the fresh waters through the default in repâ—ir of the Banks Ditches Gutters Bridges and Sewers in the lands which lately belonged to William Longespe in these parts of Kesteven and Holand he commanded the said Shireeve forâ—hwith to distrain all such Landholders who had safeguard by those Banks and Ditches and ought to repair them according to the proportion of their lands to the end that they might be speedily repaired in such sort as they ought and had used to be And in 23 E. 1. Adam de Crokedayk and W. Inge were constituted Commissioners to view the Banks Ditches and Sewers in these Provinces and to see that the currents of fresh waters in the Marshes thereof might have their due and antient passages as they had wont to have In 9 E. 2. Lambert de Trekyngham Roger de Coppeldyk and Robert de Malberthorp being then constituted the King's Justices of Sewers for these parts sat at Boston upon the Tuesday next after the feast of the Exaltation of the holy Cross there to make enquiry by the Oaths of good and lawful men what persons of this County of Lincolne had used to repair and maintain the Banks Ditches Gutters and Sewers within the fens of Kesteven and Holand and other places thereabouts as also the floudgates by which the fresh waters that had used to run from the parts of Kesteven into the said Fens were hindred from so doing and by whom the said waters were turned out of their right and due courses as also in what sort Whereupon Sir Will. d' Autre Knight Iohn de Holand and several other persons of quality being sworn did upon their Oaths present That the Town of Danington ought and had used to repair the Causey of Holand with little Bridges and Ditches on each part of the same from the said Town of Donington to the new Ditch And from the said Ditch unto the Chapel of S. Saviours the Prior of S. Saviours to perform the like repair there being at that time great defects
view and repair the Banks and Ditches throughout this whole Province of Holand In 37 E. 3. Will. de Huntingfeld Roger de Cobeldyk Matthew de Leeke and others had the like assignation for those in the VVapentake of Skirbok So also had the said William with Godefrey Fuljaumbe and others for those in the VVapentake of Kirketon And in 39 E. 3. Godefrey Fuljaumbe Simon Symeon Roger de Meres and others for those from Waynflete to Tydgote Upon a pleading in the same year the Town of Pinchebek was acquitted by the verdict of a Jury from the repair of the Marsh-bank called Ee dyke extending from Pinchebec by Escote to Donneshirne but the same Jury then found that the said Town of Pinchebek ought to repair that Bank from Donneshirne to Goderamscote And that the Abbot of Brunne and Town of Brunne ought to repair it from Goderamscote to Ectcote and that the said part thereof was then ruinous In 41 E. 3. was that memorable verdict touching the Custome of the Country that the Lords of Mannours adjoyning to the Sea should enjoy the land which is raised by silt and sand which the Tides do cast up VVhich verdict was in the behalf of the Abbot of Peterborough in respect of the Lordship of Gosberkirke whereof I have already taken notice In 43 E. 3. Iohn Duke of Lancaster Godefrey Fuljaumbe Thomas de Mapelton Parson of the Church of Frampton and others had Commission to view and repair the Banks Ditches c. throughout this whole Province of Holand and to proceed therein according to the Law and Custome of this Realm The like Commission and to proceed accordingly had Raphe Lord Basset of Drayton Roger de Kirketon Richard de Waterton Rich. Poutrell and others for all those betwixt Kelfeld and Bykersdyke So also in 48 E. 3. had Sir William de Huntingfeld Sir Iohn de Rocheford with Sir Iohn Crecy Knights and others for all those throughout the whole Province Upon a pleading in 49 E. 3. the Towns of Hokyngton and Gerwick could not gainsay but that they ought to repair and clense the one half of Gerwike hee on the North side unto the Cowstalls of the Abbot of Swinesheved called Herewik therefore command was given to the Shireeve to distrain them At the same time it was likewise found that the Towns of Wiberton Frampton and Kirkton and the West of Boston ought to repair and maintain the Edâ—kes from the Schust to Deynboth As also that the Towns of Swynesheved and Wyktofte ought to scour the Sewer called Swineshed hee from Candelby hill to Biker hee And that the Town of Tofte ought not to repair the Sewer called Hil dyke but that Iohn Duke of Lancaster and the Earl of Lincolne ought to clense it in consideration whereof they receive of every man that keepeth fire in his house within the VVapentake of Skirbek ii d. upon the Feast day of S. Martin And it was then also found that the Towns of Boston and Sbirbek ought to clense a certain Sewer from Hil dyke to Wythom stream in consideration whereof they had common in the marsh of Bolingbroke And that the Town of Flete could not deny but they ought to repair the Road-way in Flete called Spittle lake and also the bank called South hee in Flete which was then too low The next year following upon the like pleading the Inhabitants of Surflete acknowledged that they ought to repair a bridge in Surflete neer the house of Thomas Dod and clense the River of Burne every fourth year from Newesende in Pinchebec marsh which ought to be repaired by the Town of Pynchebec unto Surflet and from Surflet to the Sea according to a Decree made by the Justices of Sewers for those parts And the same year it was found by the Jurors upon a pleading also that the Inhabitants of the eight Hundreds of Holand ought to clense and repair the Ditch called the Old Ee betwixt the Marsh of Holand and the Marsh of Hekington on the West side of Babberboth and Hoggeboth of West crofte And moreover that they ought to repair and clense the Ditch from Babberboth in Hekington unto the Distrithe in Swynesheved marsh on each side And from the Ditch which is supposed by the presentment to be from Hoggesbothe of Westcrofte to the water of Wythome they said that the Inhabitants of those eight Hundreds ought not to repair and clense the same because there was no such Ditch there as the same presâ—ntment mentioned In 51 E. 3. Iohn King of Castile and Leon c. Roger de Kirketon Thomas de Hungerford and others were constituted Commissiones for the view and repair of the Banks Ditches and Sewers throughout this whole Province of Holand After this I have not seen any more Commissions of this kind for this Province till 6 H. 5. that Thomas Lord de la Warre Sir Robert Hagbeche Knight Nich. Dixon Clerk Iohn Belle of Boston with some others were appointed to view them and take order for their repair with direction to proceed therein according to the Law and Custome of this Realm The like Commission in 2 H. 6. had the said Thomas Lord de la Ware Robert Lord Wylughby Sir Raphe Cromwell and Sir Robert Roos Knights William Copuldyk Iohn Henege and others with the same directions as also power to take so many diggers and other labourers upon competent wagesâ— to assist therein as they should think râ—quisite in regard of the great necessity for expedition in the said work So also in 6 H. 6. had the Bishop of Lincolne Sir Thomas Roos Sir Robert Wylughby Sir Raphe Cromwell Sir Reginald West Sir Raphe Rochford and Sir Robert Roos Knights Nich. Dixon Clerk and others with authority to make Statutes and Ordinances proper for the safeguard of the Sea-coasts and Marshes according to the Laws and Customes of Romeney marsh And to determine all things therein according to the Custome of the said Romeney marsh As also to take such and so many Labourers upon great competent wages in respect of the necessity of expedition in the work as they should think fit to imploy therein In 10 H. 6. Iohn Hals Sir Henry Rocheford Knight Walt. Tailboys Esquire Richard Pynchebek Richard Benyngton and others were constituted Commissioners to view all the banks and Sewers of Crouland Spalding Weston and Multon and take order for their repair with the like power to make Laws and Ordinances as abovesaid And in 30 H. 6. Richard de Benyngton Thomas Kyme George Hetone and others had the like Commission for those banks and Sewers within the precints of the Lordship of Framptone viz. from Forsdyke unto the Rode neer Boston In 34 H. 6. there was a Session of Sewers held at Spaldyng upon the Wednesday before Palme-Sunday before Richard Benyngton and his fellow Justices where the Jurors presented that the Prior
known and so likewise where they are not known to do the like which boundaryes shall stand good for ever And that if the Commissioners cannot agree the difference to be certifyed to the Lord Chancellour or Lord Keeper for the time being who with the assistance of certain Judges of both Benches to determine it And that within 3. years after such determination the Owners and Commoners to make division Dikes in bredth and depth as shall be thought fit by their Lords and the Homage 19. That the Commons shall be stinted by the Lords and greatest part of the Freeholders and Copyholders Commoners with the allowance and consent of the Judge of the Isle or one of the Justices of Assize of the County 20. That the Cottagers upon the Lords waste not having right of Common because they have been suffred to take benefit of the wastes shall be provided for by the Lords and Homage in every Mannour in the said wastes as the Lords and Homage shall think fit 21. That of the 112000. Acres belonging to the Undertakers no more then 4d. an Acre to be paid for the Tithe thereof for ever yearly 21. That after the said Drayning there shall be a Corporation or body politick of xxx known discreet and sufficient persons by the name of the Governours of the Fens within the Isle of Ely c. to purchase c. Lands to sue and to be sued by that name the first of these to be Martin â—ishop of Ely Sir Anthony Mildmay Sir Iohn Peyton Governor of Gernâ—ey Siâ— Oliver Crumwell Sir Robert Bevyll Sir Edw. Coke Attorney General Sir Iohn Cutts Sir Iohn Heigham Sir Rob. Wingfield â—ir Rob. Cotton Sir Edw. Apsley Sir Henry Warner Sir Miles Sandys Sir Simeon Steward Sir Thomas Lambert Sir William Rumney Knights Humfrey Tindall Dean of Ely Anthony Irby Tho. War Thomas Rawlyâ—s and Henry Totnall Esquires Iohn Eldred Roger Oâ—field of London Merchants Iohn Fyncham and Iohn Hunt Gentlemen And when these dy new to be chosen by the most voices out of such Lords or Undertakers as shall have 1000. Acres at the least of lands assigned to them 21. And that the Governours for ever shall have assured to them 112000 Acres statute measure which they may keep for ever and the profits to be imployed for the perpetual maintenance of the drayning and satisfaction for drowning as before so far as it will suffice and when it will not suffice the Governours then to lay a Tax of all the rest to do it withall 22. And that the said Governours may make Laws for the maintenance of the drayning and levying such Taxes in cases aforesaid and put them in execution being ratified by the Lord Chancelour Lord Keeper or the Lord Tresurer and the two Chief Justiceâ— or any three of them whereof the Lord Keeper or Tresurer to be one And the Governours to let the lands to them appointed to the best value so as they exceed not the term of seven years An. 4o. Iacobi Regis Cap. 13. Observations out of the Act for Drayning of certain Fens c. within the I le of Ely containing about 6000. Acres and compassed with a Bank called the Ring of Waldersey and Coldham THat Francis Tindall Esquire Henry Farre and Iohn Cooper Gentâ— having undertaken to endeavour the drayning c. shall have power for the space of 7 years ensuing the end of that present Session of Parliament to effect the same the lands so intended to be drayned lying within the Bank beginning at Kekys mill and thence extending by Tower house and Hobbes house to Tylney hirne so by Maryes dam and Elme leame to Fryday bridge and thence by Redmore dike Begdale and Goldike to Kekys mill again And that for the doing thereof they may have power to make new or repair as need is all Drains Lodes Banks c. and Sluces as they shall think fit not being in Marshland withâ—in the old Pow dike giving such satisfaction to the owners as by any six Commissioners of Sewers whereof three inhabiting within the said Isle and thrâ—e within the County of Norff. shall be set down VVhich Undertakers c. having accomplished the said Drayning to have two parts in three of the lands so drayned to them and their heirs to be set out by six of the said Commissioners at the least whâ—râ—of four inhabiting within the said Isle which two parts to be holden of the chief Lord of the Fee c. in free and common Soâ—age and to be exempt from payment of any Tithes for 7 years after the time limited for the said drayning But if the said grounds so undertaken c. shall in deâ—ault of the said Undertakers be overflowed and so continue by the space of two months betwixt the Feast of S. Mich. the Archangel and the Annunciation of our Lady or the space of one month betwixt the Feast of the Annunciation of our Lady and S. Michael the owner by the view c. of any six of the said Commissioners to re-enter and to enjoy the same Things most observable extracted by me W. D. out of the Verdict of the Iurats for the Hundred of Clakclose and Freebridge in Marshland at a Session of Sewers held at Ely 26 Iulii An. 1608. 6 Iacobi 1 THat the River of Welle from Salters lode to North delf and so upward was then in great decay in depth and bredth for want of clensing c. 2. So likewise the Sewer called Small lode in Upwell being stopt c. 3. That the Sewer called London lode lying in Upwell ordained for the Drayning of the Fen called Nâ—atmore was aâ—â—o in some decay 4. That the Sewer called Maide lode beginning at Welney water extending to Shiplode and so to the River of Ouse was imposed upon the Undertakers to scour c. 5. That the Sewer called New dich in Littleport taking its head from Welney water and extending to Crekelode in Sothrey and Helgay was then in decay c. 6. That the Sluse at Crekelode end next to the River of Ouse being utterly decayed to be new made with a dore six foot broad and 8 foot deep 7. That there was a new Sewer in Upwell then lately begun by the late Lord chief Justice Popham which taking its head out of the River of March neer a place in Upwell called Newdich end and extending in self through the Common of Upwell c. to Wadyngstow and so through Neatmore falleth into Welle River at North delph is esteemed to be a perfect Drayn for the most part of the Isle of Ely especially the whole Hundred of Wisbeche and the Towns of Upwell March Dodington Wimlington Benwick Chateriz Whitlesey Litleport and other adjoyning places even to the high Lands 8. That the Common Sewer in Sothery called Stake lode was then in great decay 9. That the River of Wysse from Helgay brigge to the River of Ouse was then defective in bredth and depth and to be amended The
and damages as seven Commissioners of the Sewers or any four of them shall by writing under their hands and seals within the time aforesaid upon examination adjudge and think fit that then all and every such Lords and Owners of Lands there shall from and after such payment made have hold and injoy to him and them and his and their Heirs all and every such his and their Lands and Grounds allotted to the said Sir John Monson and his Heirs as fully as if the said Decrees of Sewers or this present Act had never been had or made the said Decrees of Sewers or this present Act or any matter or thing in them or any of them Conteined to the contrary thereof in any wise notwithstanding Provided also and be it Enacted by the Authority aforesaid That for the repairing future maintenance and support of the said work for ever in all the parts of it It shall and may be lawfull to and for the said Sir John Monson his Participants and Adventurers their Heirs and Assigns having a hundred Acres of Land within the said Level or any six of them from time to time and at all times when and as often as occasion shall require to set and impose Taxes on all and singular the Lands allotted and decreed to the said Sir John Monson his Participants and Adventurers their Heirs and Assigns And in case the said Taxes or any part of them be not paid at the dayes and times for that purpose appointed within the space of twenty dayes after personal notice or by writing under the hand of two or more of the Participants and Adventurers present at the laying of the said Tax left at their dwelling houses or in case they have not any there at the house of the present Tenant or occupiers of any the said Lands that then the said Participants their Heirs and Assigns or any six of them shall have and are hereby declared to have sufficient power and authority in the Law to make Leases for Years or Lives or absolute Estates in Fee simple of all or any part of the Lands of any person or persons so failing liable to the said Tax as the case shall require and every such Lease Leases or Sales by them so made shall be good and effectual in the Law to all intents and purposes whatsoever Provided alwayes and be it further Enacted That all and every the Lands lying within or parcel of or belonging unto the Mannour or Lordship of Saxbie in the County of Lincolne heretofore acted decreed allotted or mentioned to be decreed or allotted by vertue or colour of the Acts and Decrees of Sewers before mentioned or any of them unto Sir John Monson Knight of the Bath and now Baronet or some of the Adventurers or Participants◠〈…〉 and â—ifty Acres three Roods and twenty 〈◊〉 of Land be the same more or less parcel of the premises by the said Sir John Monson and others dreyned as aforesaid are hereby fully and absolutely vested and settled in Michael Warton of Beverly in the County of York Esquire his Heirs and Assigns for ever by and according to the limits meets and bounds in the said Decrees and Schedules Lawes of Sewers or any of them expressed or mentioned and that no person or persons shall hereafter under any pretence or colour whatsoever trouble or molest by any wayes or meanes the aforesaid Michael Warton his Heirs and Assigns for any part or parcel of the aforesaid three hundred and fifty Acres three Roods and twenty Perches of Land or any other of the Lands and Grounds in the said Mannor of Saxby so dreined but to be held and injoyed by the said Michael Warton his Heirs and Assigns freed and discharged of and from all title of interest of Common and Commoners and all other titles interests properties and claimes whatsoever but with this limitation nevertheless that the said Sir John Monson his Heirs and Assigns performing an Award heretofore made by Sir Francis Cobb Knight Dated the fourth of January One thousand six hundred and sixty between the parties abovesaid the said Michael Warton shall pay such summ or summs of mony as is contained in the said Award any thing in this present Act conteined to be contrary notwithstanding Provided alwayes and be it further Enacted That all and every the Lands lying within or parcel of or belonging unto the Mannor or Lordship of Worlaby in the said County of Lincolne heretofore Acted Decreed allotted or mentioned to be decreed or allotted by vertue or colour of the Acts and Decrees of Sewers before mentioned or of any of them to Sir John Monson Knight of the Bath and now Baronet or some of the Adventurers or Participants amounting in all unto four hundred and sixty Acres be the same more or lesse parcel of the premises by the said Sir John Monson and others dreined as aforesaid are hereby fully and absolutely vested and settled in the Right Honourable John Lord Bellasise Baron of Worlaby his Heirs and Assigns for ever with this limitation that the said John Lord Bellasise shall allow for the said four hundred and sixty Acres such rates proportionable for every Acre thereof within the Mannor of Worlaby aforesaid as is agreed to be payed by Michael Warton of Beverly Esquire to the said Sir John Monson for the dreined Lands lying within or belonging unto the said Mannor of Saxby according to the aforementioned Award made by the said Sir Francis Cobb And wheras there was one thousand pounds of lawfull English mony formerly paid by the said Lord Bellasise to some of the Adventurers for some parts of the said four hundred and sixty Acres Be it provided and hereby further Enacted That the said payment of the said one thousand pounds so formerly paid as aforesaid by the said Lord Bellasise shall stand be allowed and accompted in full satisfaction for the whole four hundred and sixty Acres and not in satisfaction of some parts thereof only upon account Nevertheless according to the foresaid rates mentioned as to the Mannor of Saxby in the said Award of Sir Francis Cobb and that no person or persons whatsoever shall hereafter either by vertue or colour of the said decrees of Sewers or under any pretence or colour whatsoever molest or trouble by any wayes or means whatsoever the said John Lord Bellasise his Heirs or Assigns for any part or parcel of the aforesaid four hundred and sixty Acres or any other of the Marrish grounds in the said Mannor of Worlaby so dreyned as aforesaid and the Lord Bellasise to bear his proportionable share of the charges of carrying on and perfecting the said work for the future any thing in this Act conteined to the contrary notwithstanding Provided alwayes That this Act or any thing therein conteined shall not extend to one hundred Acres of Land or Marsh ground situate lying and being within the North Carr of Cadney cum Housam in the County of Lincolne which one hundred Acres heretofore was
THE HISTORY OF IMBANKING and DRAYNING OF DIVERS Fenns and Marshes Both in FOREIN PARTS AND IN THIS KINGDOM And of the Improvements thereby EXTRACTED FROM Records Manuscripts and other Authentick Testimonies BY WILLIAM DUGDALE Esquire NORROY King of Arms. LONDON Printed by Alice Warren in the Year of our Lord MDCLXII TO THE KINGS MOST EXCELLENT MAJESTY Most Gratious Soveraign THE first and greatest attempt that hath been made in this Kingdom for the general Drayning of those vast Fenns lying in Cambridgeshire and the Counties adjacent was by that Prudent and Grave Prelate John Morton sometime Bishop of Ely the principal Instrument of that happy Union betwixt the two Houses of York and Lancaster as the Chanell betwixt Peterborough and Wisbeche still bearing his name doth witness And the next by your Royal Grandfather and Father of Blessed Memories the chiefest branches of that Renowned Stock Which not succeeding as it was designed by reason of the distractions of those times it will be no small Honour to your Sacred Majesty and Advantage of your Realm to compleat and make perfect that Noble undertaking To which end I most humbly offer unto your Majesty this present Historical Discourse whereby it will appear not only that divers Great and Mighty Princes and other Persons famous in their times have in Forein Parts been active in Works of this kind but how much your Majestie 's own Royal Ancestors have by several excellent and wholsome Laws promoted the like in this Kingdom Praying to the Almighty that he will bless your Majesty with a Long and Prosperous Reign that good Arts may again flourish amongst us and Virtue receive its due Encouragement to the joy of all your Loyal Subjects and amongst them of Your Majesties most Obedient Subject and Faithfull Servant WILLIAM DUGDALE TO THE READER Courteous Reader THAT the Strength of a King is in the Multitude of his Subjects is a truth which no man will gain-say Hence is it that those Countries the soil whereof is naturally fruitfull are alwaies much better esteem'd than such as be sterile in regard they afford more and better sustenance to their Inhabitants And hence is it likewise that the most civilized Nations have by so much Art and Industry endeavoured to make the best improvement of their Wasts Commons and all sorts of barren Land Amongst which advantages that of Inclosure hath not been the least whereof there is a notable instance in the Counties of Northampton and Somerset which though little differing in their extent and goodness of soyl yet if estimation may be made by Musters Subsidies Tenths and Fifteens Inclosure hath made the one more than double to exceed the other both in people and wealth as hath long ago been observed by some of great Iudgment If then the meer Inclosure and Tillage of that which naturally yielded little profit doth justly deserve so great a commendation how much more is the skill and pains of those to be had in esteem who have recovered many vast proportions of Land totally overwhelm'd with a deluge of waters And of these I need not look out for examples from abroad our own Countrey affoarding a multitude of notable Instances as the ensuing Discouâ—se will fully manifest whereby it will appear that in sundry parts of this Realm there are many thousands of Acres which do now yield much benefit yearly by Rape Cole-seed Grass Hay Hemp Flax Wheat Oats and other Grain nay by all sorts of excellent Plants Garden-stuff and fruit Trees which in former times were Drowned Lands And this was it which gave encouragement to oâ—â— two late Soveraigns of Blessed Memory viz. King James and King Charles the first to become the sole Adventurers for the Drayning of those vast Fenns of Cambridgshire and the five other adjacent Counties a worthy Work and never totally attempted till their times well discerning that by a compleat performance thereof the costly and troublesome meeting of Commissioners for Sewers the frequent great Taxes for the maintenance of divers Banks and Drains with many unhappy controversies and emulations relating thereto might be in a great measure prevented And if our industry were but comparable to that of our Neighbours in the Belgique Provinces how much more might those drayned grounds afford us for profit and pleasure than they yet do forasmuch as theirs lying below the Levell of the Sea at high Tydes is drayned by Engines which cast out the water and ours have not only a descent to the Sea but divers large Rivers and streams for leading the waters to their natural out-falls To give instance in the benefits First let us consider the large proportion of this one Levell which is no less than five hundred thousand Acres it being from the edge of Suffolk to Waynflete in Lincolnshire full Lxviii miles in a strait line And if we reckon by the bow of the Fenn which runneth up on both sides of the River Witham within a mile of Lincoln it may be well accounted Lxxx miles the bredth being in many places xxx more xx and seldom so little as ten miles so that 't is thought by some to be as good ground and as much as the States of the low Countries enjoy in the Netherlands Next for the richness of the soyl being gained from the waters doth it not for the most part exceed the high grounds thereon bordering as much as other meadows do which are ordinarily let for xxs. the Acre And do we not see that in the Marshes beyond Waynflete in Lincolnshire where the grounds are severed and trenched it is hard to find a poor man though they sit at great Rents for their Cattel being alwaies sound and thriving are therefore merchandable or if they come to a mischance yet fit for food Moreover besides the great plenty of flesh and white meats with the breed of servicable Horses let us consider the abundance of Wooll Hydes Tallow and other Commodities which this fruitfull ground now produces and that the new Chanels made for the Drayning do yield no small advantage to all those parts for the carriage of their Corn and Merchandize whereas before they were constrayned to go many miles about according to the natural bending of the Rivers And if we weigh the great inconveniences which these over-flowings have produced certainly the advantage by the general Drayning ought the more to be prized for in the Winter time when the Ice is strong enough to hinder the passage of Boats as hath been by some well observed and yet not able to bear a man the Inhabitants upon the Hards and the Banks within the Fenns can have no help of food nor comfort for body or soul no woman aid in her â—ravail no means to baptize a Child or partake of the Communion nor supply of any necessity saving what those poor desolate places do afford And what expectation of health can there be to the bodies of men where there is no element good the Air being for the most part
of Sewers wherewith I have met in our publick Records is in 32 E. 1. which was directed to Robert de Clare Gilbert de Bere and Master Gereberd who were thereby assigned to view and take order for the repair of the Banks Ditches Gutters and Sewers in Brentmershe Pederham Wringemershe and Saltmershe and to clense the Gutters Chanels in such sort as that the streams as well of the fresh water as salt might have thenceforth their right and antient course in all those places In 2 E. 2. Matthew de Furneaus and Will. de Burne were constituted Commissioners in like sort for all the Banks c. in general both upon the Sea-coasts and elswhere in this County The like Commission in 4 E 2. had Iohn Randolf Iohn the Son of Tho. de Beauchamp Will. de Burn. So also in 9 E. 2. had Iohn de Meryet Richard de Rodeneye and Iohn de Clivedone In which year likewise Iohn Randolf Will. de Harden Iohn de Westcote and Richard de Rodney were appointed to enquire of the breach of the Banks and Ditches of Iohn de Goddeleigh Dean of Wells in the lands belonging to his Deanery at Merk in this County which very antiently in the time of his Predâ—cessors had been raised for the preservation of the lands of the same Deanery Modesse Wodmore and Bydesham against the power of the fresh waters which descended by a certain Chanel in the said Town of Merk towards the Sea And also of certain Sluces of the said Dean in his said Town of Merk built for the evacuation of water in floud times which Sâ—uses were then broken down by Philip de Columbers Robert de Brente Iohn his Brother and others The like Commission was then directed to the said Iohn Randolf and the rest to enquire of the breach of the Banks câ— of Iohn Bishop of Bathe and Welles in the lands of his Bishoprick at Blakeford neer Merke before-specified Many other Commissions for the view and repair of the Sea-banks and others in this County were afterwards granted to several persons viz. in 10 E. 2. to Iohn de Beauchamp Will. de Burne and Iohn de Fosse In 18 E. 2. to Iohn Randolf Elias de Godele and the said Iohn de Fosse In 19 E. 2. to Iohn de Clyvedon Hugh de Langelond and Elias de Godele In 20 E. 2. to Iohn de Mohun and Iohn Randolf In 3 E. 3. to Iohn Inge Hugh de Langlond and Peter Coleswayn for those Banks betwixt Bristoll and Muchaney In 14 E. 3. to Richard Lovel Henry Power and Roger de la Walle for those in Brentmershe betwixt the Town of Stert and Burcle in length and Wollavyngton and Hegh brugge now called High bridge in bredth In 17 E. 3. to Richard Lovel Iohn Inge Iohn de Mere and Henry Power for those betwixt Bristoll and Dunstere and the parts adjacent So also in 22 E. 3. to Iohn Inge Iohn de Clyvedon Henry Power and Adam Bret. In 25 E. 3. to Sir Iohn de Clyvedon Sir Iohn de Seintlo Knights Iohn de Somerton and Nicholas de Ledrede for the Banks in divers parts of this County In 32 E. 3. upon a pleading occasioned by an Indictment against the Dean of Welles and Richard de Cogan and their Tenants for the not scouring the Watercourse neer Hakmede and Holimede and against the Dean alone for two Sluses called Netherpound and Southerpound and for a Floud-gate called Hakewere they were then acquitted In the same year Mathew de Clivedon Sir Iohn de Clivedon Knight Sir Walter de Paveley Knight and others were assigned to view and repair the Banks c. betwixt Bristoll and Taunton and betwixt Bruton and Severne In 34 E. 3. Sir Richard de Acton Sir Iohn de S. Lo Knights and others had the like assignation for the Banks betwixt Bristoll Martok and Taunton and betwixt Bruton and Severne In 36 E. 3. Sir Richard de Diton Knight Walter de Aldebury Sir Iohn de Seintlo Knight Mathew de Clivedon and others had the like for those at Bristoll Mertok and Taunton as also at Welyngton Dunsterre Bruton and Severne So also in 1 R. 2. had Sir Richard Acton Knight Henry Percehay Sir Iohn de la Mare Knight Sir Iohn L'orly Knight Robert Syddenham Robert Cheddre and Iohn Panet In 2 R. 2. Sir Iames de Audeley Knight Lord of Hely Sir Will. Botreaux Knight Sir Henry Percehay Knight Sir Richard Acton Knight Walter Clopton and others were constituted Commissioners for the view and repair of the banks c. in Brentmershe and Wryngemershe and in other places upon the Sea-coast and water of Severne betwixt Bristoll and Dunsterre After this divers Commissions for the Banks Ditches c. in general throughout this County were issed out viz. in 5 R. 2. to Sir Maurice Wyth Sir Will. de Bonvile Sir Iohn Weyland Knights Richard de Sydenham and Iohn Manyngford And in the same year to the before-specified Sir Iames de Audeley Sir Guy de Bryan Sir Will. Cogan Sir Iohn Trivet Sir Iohn Rodeney and Sir Iohn de la Mare Knights Iohn Cary Will. Cary Iohn Domere and Iohn Barre By virtue of which Commission the said Sir Guy de Brien Sir Will. Cogan Sir Iohn Tryvet Sir Iohn Rodeneye and Sir Iohn de la Mare Knights Iohn Cary Iohn Domere and Iohn Baree met at Bridgwater on Monday next after the Feast day of S. Margaret the Virgin where the Shireeve of the County having received the said Kings Precept to that purpose caused xij honest and lawful men within his liberty to appear viz. Iohn Ivethorn Iohn Eyr c. who did upon their Oaths present that there was a certain bank called Southlake Wall lying betwixt the Path and Tutte yate trees in Weston by which divers Watercourses called Runes were obstructed by the Abbot of Glastonbury and his Tenants insomuch as the said water overflowed and drowned the Meadows and Pastures of many men to the damage of the whole Country and that the said Abbot and his Tenants ought to reform the same And they also said that there were in the River of Peret two VVeres called Tappyng Weres whereby the course of the water was straitned which ought to be amended and removed by the Abbot of Glastonbury and Bishop of Winchester And that there was a certain pleck of Osiars at Tutte yate in Weston appropriated by the said Abbot and his Tenants by which the water course was straitned and stopt to the damage of the Country and that it ought to be amended and totally removed by the said Abbot and his Tenants Whereupon the said Abbot and his Tenants constituted Iohn Panes and Iohn Fitelton their Attorneys to answer to this chardge By another Inquisition taken at that time before the said Justices upon the Oaths of Iohn Strache and others
Thornburgh and others for those Banks and Sewers from Skegnes and Dodyngton-Pygot to Tyddegote In 7 E. 4. Thomas Kyme of Friskeney and others had the Port of Waynflâ—te to ferm with Market and Wind-mill as also the Court of the said Market and Haven and fishing within the same paying xxl. yearly and supporting all chardges belonging to the said Haven Mill and fishing In 49 H. 6. Iohn Bishop of Lincolne George Duke of Clarence Richard Earl of Warwick and Salisbury Sir Humfrey Bourchier Lord Cromwell Sir Gervase Clyfton and Sir Will. Skipwith Knights Robert Taylboys Esquire and others had Commission for the view and repair of all the Banks and Sewers throughout this whole Province The like Commission in 12 E. 4. had Sir Richard Hastyngs Sir Thomas Burgh and Sir Will. Skipwith Knights Robert Taylboys Robert Ratclyf and others So also the same year had Thomas Prior of Spaldyng Richard Welby Leonard Thornburgh Richard Pynchebeck Iohn Bolles Robert Dokkyng and others for those from Dodyngtone-Pygot to Tyd-gote and thence to Skegnesse By all which Commissions since 6 H. 6. power was given to the persons before-mentioned and their associates to act therein according to the Custome of Romeney Marsh as abovesaid In 4 E. 6. VVilliam Lord VVilloughby of Parham Sâ—r Edward Dymok and Sir Iohn Copeldyk Knights George S. Poll and others Commissioners of Sewers by a Decree made at Wrangle on the first day of September ordained that the Inhabitants of the Soke of Bullingbroke together with Sir VVilliam Brereton Knight the Lord of Dalby and the Kings Fermour of his fishing at Waynflete and all others drayning thereby should clense scour and dyke the Haven of Waynfleâ—e from the AE end unto the Sea in bredth xxij foot at the top and in the bottome xiij And in depth from the Chanel downwards three foot to be done before the Feast of S. Peter ad Vincula then next following And that a sufficient Gote or Clow set up at the outer end of the same Haven for stopping of the salt water out of the North part thereof should be made there at the costs of the Inhabitants of the said Soke the Lord of Dalby and the Kings Fermours of his fishing there And moreover that an old Gote anâ— Dreyner called Symond's gote extending in length from the deep of the East Fen unto the Fen bank and from that Fen bank to the Sea which was then decayed for lack of scouriug should be sufficiently clensed So likewise the Dyke and Sewer extending from the Deep of the Fen unto the Fen bank Also that there should be two Gotes made of the said Drayner and Sewer the one at the Fen bank and the other at the out end of the Sea at the costs of the Inhabitants of the said Soke and the Inhabitants of such towns and the Landlords therein who had before that time been chardged betwixt the Fen bank and the deep of the said Fen and all to be done before Martinmasse then next ensuing And farther than this wherein I have given instance I shall not descend to any more particulars till the time of Queen Elizabeth that Thomas Quadring Hamond Upton Thomas Marsyngberd and others then Commissioners of Sewers sate at Partenay on the 22th day of Iuly in 2 of her reign for the setling of all things touching the repair of the Banks and Ditches in this Provicne before whom the Jurors then presented that there was one Sea-bank new made in Skegnes to begin at a place called Ranson hyrne and to be xl falls in length from the North end of the said Ranson hyrne towards the South and so to be joyned and closed unto the old bank which said Sea-bank to be fifty foot in the skirt fourteen foot broad on the top and xij foot in height and to be made by the Land-holders in Skegnes aforesaid And they likewise at that time presented that the old Sea-bank ought then to be repaired for it's better withstanding the rage of the Sea Also that another new Sea-bank should be new made within the limits of Skegnes aforesaid from one slaver there wâ—ich goeth up the lands late belonging to Charls Duke of Suffolke unto the South end of the Gild Hall which new bank to be xx falls in length and to stretch from the said Gild-Hall to the old Bank and be made by the said Land-holders Likewise that the old Sea bank in Skegnes called the Haven bank should be repaired where defect was Also that Wainflet haven being defective for want of scouring from the Crosse at the Eyes end into the Sea that being a necessary drayn for the Soke of Bullingbroke and heretofore diked and scoured by the Inhabitants thereof and to be done before the Feast of S. Iohn Baptist next following Moreover that a place there called Guddyke which leadeth from the Eyes end to the Fen be also scoured viz. two parts thereof by the said Queen or her Fermour for the fishing there and the third by the Lord of Dalby as had been accustomed And that a new Gote or Clow be set in Waynflet haven within ten falls of Thorpe and Waynflet Sea-gote and a Bank on the South side of the said Haven from the said new Gote unto the .......... and that the Inhabitants of the seven towns in Holland should be at the chardge of setting up the said new Gote in respect of their benefit of common in the East and VVest fenns Also that the Bank to be then made between the new Gote and Thorpe be done viz. three parts thereof at the chardges of Hamond Upton Esquire one of the Commissioners above-mentioned and the fourth at the chardges of Iohn Whiting Rob. Whiting and the bank on the South side of the Haven to be don by the Soke of Bullingbroke Likewise that a new Gote be set at the Fen Dyke bank to take in fresh water by it to be done by the Inhabitants of Waynflete S. Mary And another Gote called Dayles gote and another to be set fourscore falls beneath the old Sea Gote both to be done by the Land-holders in Waynflet S. Mary aforesaid And that a new Cryke of xxx foot wide and six foot deep be made from the said new Gote unto the old Gote and beneath the said new Gote another new Cryke made from the said new Gote unto the old Cryke to be done by the Lords and Land-holders in Waynflet S. Mary and on either side the said Cryke a sufficient Sea-Bank to keep out the flouds of water And they also presented that one petty Gote should be made in Crosse gate against nine Acres of Mr Dyghtons and another in Westgate against Thomas Harrysons Acre as also a spout in Hall gate another in Somergate and another in Acregate Likewise that a spout be made in Waynflete All Saints over the gate on the North side of Burflet at the chardge of the holders of the Lands which did drayn it And that another
then ordered that the Towns of Upwell aud Outwell should from thenceforth be discharged from any diking in Wisbeche river unlesse by the goodnesse of the Drayn their lands do take benefit thereby And in the same year in another Session of Sewers held at Wis beche 14 15 Sept. before Iohn Peyton Geo. Carleton Humfrey Michell Thomas Hewar Esquires and others there was this following Decree Whereas the great River of Wisbeche is by this our Law ordered to be digg'd for the better grinding of the Chanel low to the Sea we find that Elme River called also Elme Ee ought to be in like sort digg'd But whereas that part of the said River extending from the Floudgates in Elme to Wisbeche Sluse hath been doubted in former Sessions for Sewers who of right ought to dig the same and that thereupon in a Session held 18º Martii 23 Eliz. we find that service laid upon the whole Hundred of Wisbeche we now upon Record shewed forth before us bearing date the 6 Dec. ... R. 2. that Wisbeche from Stone Crosse otherwise called Spittel Crosse to the Sluse should make and maintain the Sea-bank And also in a Session for Sewers held the Thursday before S. Mathew's day 25 H. 8. that from the Floudgates in Elme to Spittle Crosse the Township of Elme should dig and scour the same and from Spittel crosse to Wisbeche Sluce the Township of Wisbeche to dig the same we ordain That the said River called Elme Ee shall be scoured viz from Wisbeche Sluce to Spittel Crosse being the division between Elme and Wisbeche by the Township of Wisbeche and from Spittel Crosse unto the Floud-gates of Elme by the Township of Elme and from the said Floudgates unto the Townbrigge of Elme by the Bishop or his Fermour of Brauncâ—mere and from the said Townbridge of Elme to Frydaybrigge by the Queens Majesty for her lands late belonging to the dissolved Monastery of Crouland And from Fryday brigg to Marys dam by the Lord of Coldham And from Marysdam to the cutting over the Old Ee by the said Lord of Coldham Thence unto Branchmere by the Township of Elme in consideration that the said Township shall hereafter be discharged of all such like digging in and upon any the Commons of the said Hundred Lodward excepted the Bishop of Ely for his length in Branchmere From thence to Levermere by the Township of Elme Then for the length of Levermere by the Landholders thereof Then to the River Nene by the Township of Elme And that from Marysdam under Bishop's dike unto Lakebrigge and so into Welle River shall be diked from Lakebridge unto Swan pen two parts thereof by the ......... and the third by Richard Fyncham Gent. And from Swan pen to Langbeche by the Township of Upwell and for the length of Langbeche the Bishop of Ely From thence to Gale dole the Township of Elme Upwell and Outwell And for the length of Gale-dole by those that have the profit thereof to Marys dam. Which digging viz. from Wisbeche Sluce to Spittel Crosse to be 4 foot deeper than now it is and to hold xx foot in bredth and the rest by that example Saving that the River under Bishop's dike between Marys dam and Well streme shall not exceed xvi foot in bredth And we also ordain that there be made a new Crest to begin at Tilney hirne leading to the New Leame thence to the Horshooe thence to Marmound land thence to the West end of Langbeche adjoyning upon Bishop's dike to be made a Bank of xii foot thick in the bottom 3 foot at the top and five foot broad at the charge of all the Inhabitants of the Hundred of Wisbeche And at a Session of Sewers held at Wisbeche 26 May 29 Eliz. it was presented by the Jurors that Norwold Causey being in decay ought to be raised 5 foot higher than it was at that time and in bredth 8 foot on the top at the charge of the Landholders of the whole Hundred of Wisbeche and a Bridge of xii foot in bredth at the higher end of the same Causey at the charge of the Bishop of Ely Likewise that the Watercourse on the South end of Wisbeche should have it's course under the great River of Wisbeche through the xiC Bridg and so by the high Lode unto the 4 Gotes And that the waters in Fen end in Wisbeche which have their course by the High lode from Leonards pipe unto Evysdike bridg by a cut through the Bank at Leonards pipe shall have their course in Pope lane lode unto Evsydike bridg and so to the four Gotes At another Session of Sewers held also at Wisbeche 10 Oct. 31 Eliz. by Sir Iohn Peyton Knight Nich. Hare Iohn Colvile Iohn Reppes George Carleton Thomas Hewar Charles Balam Richard Buckworth and Alex. Balam Esquires Commissioners of Sewers then constituted it was thus decreed That whereas the Fen called Needham and Buriall Fen lying in Elme and Welle had antiently been drayned into the little Lode in Welle called the Sholle at the Stone Crosse and so by Welle River descended into Ouse at Salters lode but then having no descent into the said â—ittle lode by reason that the height of the water therein was 2 foot above the Level of the same Fen And whereas the Landholders in the same Fen having to their great charge procured a new Drayn passing under the Bank called Greendike where they have erected a Sluse for that purpose and from thence by a Sewer upon the East side of Meares drove by another Sluse by them likewise erected at Stow-sted to stop Nedham water for running into Budbech field where the said Sewer taketh its course into the Drayn of the same Budbech field and so continueth therein by and through a Pipe lying under the said Little Lode of Welle and thence passeth to Hodg hirne corner where they by the consent of Sir Robert Bell Knight late Lord chief Baron of the Exchequer caused a new Sewer to be made through a several ground of the said Sir Robert called the Fences and Bardolph fen by the space of 2 miles or more in length and from thence by the consent of Nich. Hare Esquire Lord of Stow-Bardolf did carry the one half of the said Sewer called Common lode between divers severalls lying in Stow Bardolf aforesaid on the North and the Common Fen belonging unto Stow Bardolf Wimbotesham and Dounham on the South and so through another Sluse lately also erected by the before-mentioned Landholders into the River of Ouse And whereas the said Sewers and Sluces were found to be most beneficial for the drayning of the Fen above-mentioned the said Commissioners ordered that they should continue for ever and be maintained from time to time by a Common Acre-shot upon all the lands in Nedham Buriall aforesaid Which new Sewer for Nedham doth from Hodghirne before-mentioned to Ward brigge in Stow contain Lxxii Rode and a half And from thence
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
was made the first Bishop here At that time for ought I can find there was not any other access into this Isle than by Ships or Boats this Bishop therefore being desiroâ—s to have a Causey through the Fenn as it should seem but doubting whether the Monks would think the work fesible at all or if so with any indifferent chardge so contrived the business that it was set upon without any fear of either and became accomplished accordingly The story may perhaps to some seem fabulous but take it from the Authority of the Leiger book of that Monastery There appeared in a vision unto a certain Countrey-man who dwelt at Exning in Suffolk S. Edmund the King and Martyr in honour of whole memory that famous Abby of S. Edmundsbury had been long before founded and awakening the man said thus to him Good man listen well unto what I shall say unto thee and what I appoint thee to do fail not with effect to accomplish Arise and go presently to the Bishop of Ely and tell him in my name that he must make a way whereby I may visit S. Audrey Who accordingly made haste to the Bishop and acquainted him with this his Vision and command the good Bishop therefore weeping for joy delayed not to make enquiry how this business might be done and finding that no man durst for what chardge soever undertake to accomplish it there stept out a certain Monk of that Abby called Iohn a soft man to all outward appearance who told the Bishop that he would by God's help perform the work Whereupon setting in hand therewith he began to measure the distance from Soham to Ely and to cut down the Reedes which stood in his way as also to make Bridges over the Rivers and so went on in raising of the said Causey which he perfected in a very short time to the wonder of all men that then saw it that Causey being still called Soham Causey Which place viz. Soham is also famous for two other things first for the great Meer that heretofore made the passage by Ships and Boats very dangerous to those who came into the Isle that way before the said Causey was made and next for that the body of Faelix Bishop of the East-Angles was translated from Domuc hither Which Bishop dyed almost a thousand years since To Hervaeus succeeded Nigel in that Bishoprick of whom I may not omit to observe that he discerning this Isle to be a place of such great security through the advantage of the Fen wherewith it is encompassed that joyning with Baldwine de Rivers in the Rebellion against King Stephan he made a strong Fort of lime and stone within the precinct thereof but that Fort being by the power of S. Audrey as mine Author saith often destroyed he built one of timber neer to his Engines of war and walled in the round hill called the Keep which was committed to his custody by Geffrey de Magnavill Earl of Essex and Richard de Clare Earl of Hertford whereof knowledge being given to certain great men of that Country they made a confederacy with him But the King having intelligence thereof sent his Army to assault it yet prevailed little therein till he himself came with his Ships and then having prepared a multitude of Hurdles made with them a passage for his Horse which when they within discerned they threw down their Armes and ran away but the Bishop escaped and got to Maud the Empress And as for the reasons before expressed this Isle hath been in those former times of trouble esteemed a place of such great security so was it afterwards upon the like occasion for after the death of Eustace Bishop of Ely which hapned about the latter end of King Iohn's time the Monks having elected one Robert a Yorkeshire man who not only took the profits of the Bishoprick for five years without any consecration but adhered unto Lewes Son to the King of France at that time in this Realm and the King's Enemy as our Historians do at large set forth King Henry the third fearing left he should receive the said Lewes into this Isle made a very great complaint thereof to the Pope whereby representing that danger he calls it optima munitio Regni the best Fort in all his Kingdome and therefore humbly besought the Pope that he would provide a better Pastor for this Church which he accordingly did Nor had it less account as it seems in 49o. of that King's reign for after the battail of Evesham wherein the Army of the rebellious Barons was vanquisht divers of those that fled betook themselves to this place amongst which Iohn de Eyvile and Robert de Wileby were the chief commanders Against whom I find that the King about two yeares after preparing an Army appointed his faithful subject Will. Charls to bring Barges and Souldiers from the Sea coasts of Norff. and Suffolk for the assaulting thereof this being the time that the King himself with some forces came privately to Ramsey neer which place he slew and took Prisoners divers of those his Rebels who had issued out of the said Isle and plundered the parts thereabouts But notwithstanding this they were not yet subdued for the next year after it appears that Henry de Hastings was the principal Officer and Governour of this Isle on the behalf of those Rebels And now having by these sundry remarkable instances shewed how vast and deep a Fenn this great Level antiently was my next endeavour shall be to declare what I have observed to have been done in order to the drayning and improvement thereof or any part of the same beginning where I left viz. on the Northside of it CAP. XLII ON the Southern part of this Province lyeth Deping fenn which is now at least ten miles in bredth Whereof the most antient mention that I have met is about the beginning of King Edward the Confessor's reign Egelric who had been a Monk of Peterborough but at that time Bishop of Durham then making a firm Causey of Wood gravel over it from Deping to Spalding for the advantage of passengers opus sumptuosum valdè primâ—que necessarium quod usque nunc semper in futurum quamdiu duraverit de factore Egelrico cognomen habet id est Elriche rode sayth Ingulphus A most costly work but of extraordinary necessity which now doth and as long as it shall last will bear his name At that time part of this Province was a Forest as well as a Fen and possest by Leofrike Earl of Mercia for he was then Lord of Brune and the Marshes adjoyning From which Leofrike it came to Hereward his younger Son of whom I have made ample mention in my discourse touching the Isle of Ely and by his Daughter and heir Turfrida unto Hugh de Evermiâ—e â— then Lord of Deping So also by the sole daughter and
heir of the said Hugh unto Richard de Rulos Chamberlain to King William the Conquerour And by his daughter and heir to Baldwin fitz Gilbert Which Baldwin leaving also issue one only daughter and heir wâ—dded to Hugh Wake the said Hugh became in her right Lord and owner of those places scil Bourne and Deping and was also principal Forester to the King H. 3. for his whole Forest of Kesteven Of what extent the Forest whereof I have already made mention to have been in these parts of this Province and possest by Leofrike Earl of Mercia was I am not able to say but it appears that King Henry the first for the pleasure of Hunting doing much hurt to the Common Wealth by enlarging of Forests as his Brother King William Rufus had done did afforest thâ—se Fenns between Keâ—teven and Holand viz. from the Bridge of East Deping now Market Deping to the Church of Swaiston on the one side from the bridge of Bicker and Wragmere stake on the otherside which metâ—s dividâ—d the North pâ—rts and the river of Weland the South excepting the Fen of Goggisland in regard it was a Sanctuary of holy Church as belonging to the Abby of Crouâ—and which Fen the Monkâ— of that House having licence from the said King did cloze for their own use making the Ditches about it bigger than ordinary for the avoyding of discord And being thus made Forest it continued so untill King Henry the third's time who in the xiiiith year of his reign granted unto all the Inhabitants within the same that it should thenceforth be deaâ—forested by thâ—se subsequent bounds viz. in length on the one side from Swaftone to East Deping as Kares â—ike extends it self betwixt Swantone and East Deping And in length on the other side towards Holand from the bridge at Bikere to the great bridge at Spalding And in bredth on the one part from that great bridge at Spalding to East Deping as the river of Weland goeth betwixt Spalding and East Deping And on the other side from the land of Swaftune unto the bridge at Bikere So that all the Lands Marshes and Turbaries within those precinctsâ— were thenceforth to be quit of waste and regard In the 18 of King Edw. the first 's reign Henry then Abbot of Croyland and his Monks were impleaded by Thomas Wake of Lidell then Lord of Deping by descent as aforesaid for fishing at Est Deping in the free fishing of the said Thomas and for throwing down a certain bank in his Fen there which the said Thomas had made for the safeguard of the said Fen from being overflowen by the fresh waters But to this the said Abbot and his Monks made answer that being possest of the Mannour and Town of Crouland within which there is a certain River called Weland running time out of mind from the boundary called Kemisf stone in the West unto the site of the Abby within the said Town and so from the said Abby to Brother house towards the North he the said Abboâ— and all his predecessors Abbots of that place were always and till that time seized thereof and of the free fishing therein as Lords of that Mannour and Town And farther said that the place where this trespass was assigned to be was within those limits and precinct of that their Mannour acknowledging that he diâ— fish there as the said Thomas had alleged And as to the said Ditch he saidâ— that within the precinct also of the Mannour of Crouland there was a certain Fen callâ—d Goukeslaund which then was his proper soil and so had been of his predecessors time beyond memory as paâ—cel of the beforespecified Mannour And moreover that the course of the fresh waters flowing from the West in the said Fenn did then run as always they had used to do from the same Fen into the said River of Weland and so to the Sea And he likewise alleged that because the said Thomas had raised a bank upon the land of him the said Abbot within his Mannoâ— of Croyland in a certain place where none had ever been before by which bank the course of those fresh waters being stopt the said Fen called Goukesland and other Fens adjoyning thereto were overflown and the Abby and Town of Crouland in danger to be thereby drowned he the said Abbot perceiving that the abovespecified bank was so raised to the end that the said Aâ—by and Town might be drowned did cause several parts thereof to be thrown down But notwithstanding this answer the Abbot was by the Jurors found guilty both of the trespass in fishing as abovesaid and breaking that bank to the damage of the said Thomas Wake no less than CCCC marks In 9 E. 2. Edmund Deincourt Lambert de Trikyngham Roger de Cuppledyk and Robert de Malberthorp were constituted Commissioners to view and repair the Banks Sewers and Ditches within this Province by which the fresh waters in the Marshes betwixt this part of the Country and Holand had used to pass unto the Sea And in the same year the said Edmund d' Eyncourt Nich. de Widmerpole and Richard de Whattone were appointed to enquire touching the Rivers of Smyte Dyvâ—ne Wycheme Middelwynene and Fulbâ—k choakt up for want of scouring by reason whereof the Inhabitants in those parts did then suffer much damage In 16 E. 3. Gilbert de Umframvill Earl of Anegos exhibited a Petition to the King whereby he represented that whereas there was a certain water called the Ee of Kyme betwixt Doc dyke on the East part and Brentfen on the South within this province which did run through the lands of the said Earl for the space of six miles in length but was so obstructed and stopt by reason of mud and other filth that Ships laden with Wine Wool and other Merchandize could neither pass through the same in Summer nor Winter as they had used to do except it were scoured and clensed and the banks so raised that the tops of them might appear to Mariners passing that way whensoever the Marshes there should be overflowed And that as the said Earl had for the common benefit of those parts bestowed no small costs towards the repair of the said place called the Ee and heightning of those banks so he intended to be at much more in case the said King would please to grant unto him and his heirs for ever certain Customs of the Merchandize passing in Ships through the same to have and receive in form abovesaid viz. for every Sack of Wool carried through that Chanel four pence for every Pocket of VVool two pence For every Tun of VVine four pence for every Pipe of VVine two pence For every four quarters of Corn a peny for every thousand of Turfes a peny For every Ship laden with Catel four pence and for every ship laden with other commodities than aforesaid two pence VVhereupon the said King directed his