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A36795 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. Dugdale, William, Sir, 1605-1686. 1662 (1662) Wing D2481; ESTC R975 640,720 507

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diked And upon Report made to the said Lords of the Council by the before-specified Sir Clement Edmunds it was ordered by their Lordships that the Earl of Arundell the Bishop of Winchester the Lord Carew Mr. Treasurer and Mr. Comptroller of his Majesties Houshold Mr. Chancellour of the Exchequer the Mr. of the Rolls and Sir Edw. Coke or any 4. of them should take consideration of the state of the business c. and prepare some opinion to be delivered to the Board of what present course might be fit to be taken therein In pursuance of which Order the said Earl of Arundell made a journey into these parts where having treaty with Sir William Ayloff Knight and Baronet Anthony Thomas Esquire and others they the said Sir William Anthony and the rest as Undertakers in this great Adventure did in consideration of the pains and costs which they were like to bestow therein make these ●ollowing Proposalls viz. 1. To have all the Kings lands drowned with fresh or salt water which should be so recovered at the free Rent of iiijd the Acre over and above all Rents or revenues then in being or coming to his Majesty 2. To have all the Prince his lands upon the like conditions 3. To have of all Subjects lands so drowned all the year two thirds to them the said Undertakers and their heirs to hold in severalty for ever 4. And of all such lands of Subjects which lay drowned half the year to have the one half to them the said Undertakers and their heirs Of which Proposalls the King liking well he did by his Letters to the said Commissioners of Sewers bearing date the 4. of September in the xvij year of his Reign signify unto them that the said Sir William and Anthony with others had undertaken to drain all the Fens in the Counties of Cambr. and Isle of Ely Norff. Suff. Linc. Northt and Hunt with the good liking of his said Majesty and his acceptance of their Propositions And recommended them and their design to the said Commissioners to the end they might be ayding to them in expediting such Contracts as they should make and to further them therein with their Authority in all lawfull things c. And on the morrow following the Lords of the Council by their Letters to the said Commissioners of Sewers signified to them that the said Undertakers did purpose to begin their work at the Sea by opening the out-falls of Nene and Weland and to make the same navigable to Spalding and Wisbeche which would take away all fear of turning the water upon any neighbour Country and draw the same into their true and natural Chanels and that whatever Commission or assistance they should desire to further this work order should be taken for the same desiring them to observe the Kings directions therein Whereupon within three dayes after the said Commissioners met at Peterborough and in a Session of Sewers then and there held forthwith ordered That in obedience to the Instructions by them received from the Kings Majesty and the Lords of his Council the Undertakers before-specified should have the free consent and approbation of that Court to proceed with their enterprise so soon as they should think meet and likewise their furtherance in such Contracts as they should make with the Lords Owners and Commoners interessed in the said Fens And moreover that further time and longer dayes should be given to them for perfecting their works in the Rivers of Ouse Nene and Weland and all the Branches of them viz. untill the first day of August then next ensuing and no advantage taken of the Penalties in the Laws formerly made for effecting the business before that time And in a Session of Sewers held at Ely the 20 and 23 of the same Month of September having received these following Propositions from the Undertakers viz. 1. That their intent was so to drayn the said Fens and grounds as that by their said works no person should receive any hurt 2. That they would from time to time maintain and scour the same so drayned 3. That they would not receive any recompence but where through their industry an increase of benefit should be raised to the Owner thereof and that after their works should be perfected 4. That if question should arise whether any benefit were received in any particular by their industry it should be decided by a sufficient and able Jury to be named by the Commissioners of the County and such Jurors so nominated and no others to be retured by the Sheriff 5. So likewise in the Isle of Ely by a Jury of that Isle 6. And that they would give such recompence to those that should receive hurt or damage by any of their said works as the Commissioners or the greater part of them should think fit 7. That at their own charge they would make provision that water should be conveyed to stay at those Towns where water had before come and stayed for Navigation and transportation and the Townships afterwards to maintain it 8. And that they would better and not hurt or impair the Navigation in the Rivers of Grant and Ouse And did therefore order and decree that the said Undertakers should have their free consent and the approbation of that Court to proceed c. and that they would assist them c. in their Contracts c. It being not the purpose of the said Undertakers to alter or change the state of any Commons but only to have such competent part thereof to be set out in severalty to them and their heirs as should content them for their work of Drayning the same and the residue of every Common to remain in the same condition to all intents and purposes as then it did And at a Session of Sewers held at S. Ives on the morrow following they decreed that the tenor of the Order made at Peterborough 8 Sept. and that present Order should be published at every Town Village c. which the premisses should concern in all the said several Counties c. before the vith of Oct. next then coming to the end that all Owners Commoners c. Interessed in any surrounded grounds within the places aforesaid might apply themselves to the said Undertakers c. for concluding their contracts c. On the 4th of October ensuing the said Undertakers sent their Letters to the Commissioners for Norfolk sitting at a Session at Ilsington excusing their not wayting on them sooner and inclosing the Copies of those Letters of the King and the Lords of the Council to them desired that the same might be communicated to their Neighbours together with their Proposalls to the end that they might be the better prepared for contracting with them As also that they might have a meeting with the said Commissioners of Norff. at Cambridge on Wednesday the xiijth of October then next ensuing and in the mean time that they would cause
Marshes there 104. a. Sedgmore 111. Suffolk 298. Surrey The Marshes on Thames 65. b. Sussex Marshes 87. b. Pevensey Marsh. The Laws and Ordinances for conservation thereof 95. a. Yorkshire 136. b. West Riding 115. a. H●lderness 130. Banks and Sewers Abatement in Tenths and Fifteens by reason of the great chardge in their repair 131. b. 258. a. Allowance by the King towards their repair 121. b. 254. a. Commissions and Statutes of Sewers Observations thereon 369. Commissioners of Sewers their compulsorie power in case of neglect in performance of their Ordinances and Laws 60. a. 66. a. 347. a. Distresses taken by their authority of such as observe not their Decrees 21.23 b. sold 250. a. Land sold by them for neglect in paying of Assesments 63. a. 74. a. 82. b. Their power to make new Trenches and Banks in case of necessity 139. b. 243. b. 298. a. 371. a. b. c. To imprest Labourers for repair of Banks and Sewers 33.46 a. 47. b. 59. a. 60. b. 61. b. 78. b. 80. a. 100. b. 122. a. 135. b. 160. b. 204. b. 240. a. To make a Statutes and Ordinances according to the Law and Custom of this Realm and the Custom of Romeney Marsh 47. b. 48. b. 58. a. Custom of the Marsh observed in repair of Banks and Sewers 44. b. 45. b. 46. a. b. 47. a. b. 78. a. Land gained from the Sea to whom belonging 237. b. 239. a. Ouse sive Wellenhee The antient passage thereof to the Sea by Utwelle and Wisebeche 246. a. 248. a. 249. a. 256. a. 299. b. 300. a. 302. b. 333. a. 394. a. b. 395. a. b. 396. a. The Great Level Observations touching it viz. what it was at first 171. b. How it became overflowed by the Sea 172. a. Holland and Marshland how first gained from the Sea 174. a. How the main Level came first to be a Fen 175. b. The rise course and outfalls of the several Rivers passing through it 176. a. How those their outfalls became obstructed 182. a. Of the vast extent and great depth of the Fresh waters occasioned by those obstructions of their outfalls 179. a. The general drayning thereof when first attempted 375. The chief contents of the Bill handled in Parliament anno quarto Regis Iac. touching the general Drayning 386. Tides Their flowing higher in Humber by four foot than formerly 132. a. ERRATA PAge 9. l. 52. farther p. 10. l. 10. the Belgique p. 44. a. l. 32. S. Nicholas p. 57. l. 30. Marshes p. 143. b. in margine ligulâ p. 159. a. in margine penès Comitem p. 192. a. l. 6. celeri p. 200. a. l. 24. Jurors p. 709. a. l. 9. xxxiiii Chapt. in marg vide cap. 38. p. 211. b. l. 20. Camvill p. 244. a. l. 12. xxxiiii th Chapt. p. 299. a. in marg Cap. xlvi p. 300. b. l. 29. xlvi Chapt. A Note of the Contents of the Surrounded Grounds in every particular Lordship in the Level of Ancoime from Bishopbriggs to Ferrebriggs in Lincoln-shire undertaken to be Drayned by Sir Iohn Monson The Lordships on the East-side The Lords of the Mannors or chief Owners that adventured or Consented for the Proportions   Acr. Ro. Perc. KIngerby 25 0 0 Sir Thomas Puckering Lord consented Owersbie 350 0 0 Sir Iohn Monson Lord Adventured Thornton 208 1 11 The Bishop of Ely South-Kelsey 419 2 34 Sir Edw. Ascough Lord Adventured North-Kelsey 1214 2 3 Mr. Chamberlain Consented for Mr. Barde Kadney Hosham and Newstead 2010 1 39 Sir Will. Pelham Lord Adventured Kettlebie 0379 2 01 Will. Tirwitt Esq Lord Adventured Wrawbie cum Brigge 0645 1 08 Elsham 0807 2 11 Sir Sam. Oldfeild Lord Adventured Worlettbie 1369 3 13 Sir William Elvish Lord Consented Bondbie 0881 0 27 Sir Tho. Williamson Lord Adventured Saxbie 1122 0 29 Sir Mich. Wharton Lord Adventured Horstow 0517 2 16 ... Dorrel Esq Lord Adventured Ferrebye 0275 0 27   The Lordships on the West-side The Lords of the Mannors that Adventured or Consented for the Proportions   Acr. Ro. Perc. Glentham 0099 3 34 Ed. Turney Esq Lord Consented Bishopp Norton 0325 1 18 Ed. Whichcote Esq Consented Atterbie Snitterb Waddingham 0885 2 10 The King chief Lord. Waddingham per se 0707 2 12 Sir William Thorold Lord Consented Redburne 0819 0 34 Sir Thomas Stiles Lord Adventured Hibaldstowe 0927 1 07 Scawbie 0571 1 16 Mr. Nelthroppe Consented Caistroppe 0582 2 01 William Anderson Esq Adventured Broughton 1084 3 03 Applebie cum Thornham 1645 1 10 Step. Andersou Esq Lord Adventured Roxbie 0573 3 37 Sir Ed. Molesly then Lord Consented Winterton 0860 0 11 The King Chief Lord. The true but short state of Sir Iohn Monsons Business 1 The Towns are 26 2 The Lords of Mannors that adventured were 14 3 The Lords of Mannors that consented were 10 4 So as the Lords that were the chiefest and greatest Owners in 24 of the Towns were either Adventurers in or Consenters to the Dreyning and none of the rest opposed before the work was finished and adjudged 5. That Sir Iohn Monson undertook it as a Servant to the Country upon the desires of the Commissioners of Sewers and divers others leaving every man free to adventure for his own that thought it a bargain of advantage or otherwise to leave it upon him to undergo the hazard and lay down the money for their parts As appears by The Commissioners Certificate and their Petition to the King The two Exemplifications under the great Se●l And to shew that the Drayning hereof is of a publick advantage to the Kingdom and hath been the endeavours of the most Eminent Persons concern'd in it since King Edward the first 's time the Records following will make it appear a Esc. 16. E. 1. n. 47. b Esc. 16. E. 1. n. 47. c Pat. 18 E. 1. m. 30. in dorso d Pat. 23. E. 1. m. 15. in dorso e Pat. 6. E. 2. p. 1. m. 17. in dorso f Pat. 6. E. 2. p. 1. m. 17. in dorso g Pat. 3. E. 3. p. 1. m. 31. in dorso h Pat. 19. E. 3. p. 1. m. 18. in dorso i Pat. 23. E. 3. p. 1. m. 6. in dorso k Pat. 30. E 3. p. 2. m. 11. in dorso l Pat. 36 E. 3. p. 1. m. 6. in do●so m Pat. 39. E. 3. p. 2. m. 31. in dorso n Pat. 40 E. 3. p. 1. m. 34. in do●so o Pat. 15. R. 2. p. 1. m. 37. in dorso p Plac. coram Rege term T●in 4. H. 4. rot 13. Linc. q Pat. 6. H. 5. p. 1. m. 21. in dorso r Pat. 22. E. 4. p. 1. m. 22. in dorso s 5. Sept. 12. Jacob. t 2. Aug. 13. Car. u 16. Julii 8. Car. w U●t Maii 10. Car. x 19. Julii 10. Car. y Ult. Martii 11. Car. z 24. Aug. 11. Car. A a 27. Oct. 14. Car. ●b 19. Feb. 14. Car. C c 4. Maii 14. Car. D d Exemplifyed 24. Feb. 15. Car. ANNO XIII Caroli II. Regis In Parliam apud
Acres and a half Iohn Gisors Iohn Peyrun and Maude de Cauntebrig held xxxij Acres the Master of the Hospital of S. Thomas the Martyr of Acon in the said City of London ten acres and Walter Crepyn half an acre and that the said Lord of that Mannour dimised the residue of those hundred Acres to the Bondmen of the said Mannour to hold at will and to repair and maintain the Banks Ditches c. aforesaid every man at his own proper costs upon the said Lands so to him demised And they farther said that the said Lord and his Court of Stebenhethe did then decree and ordain by the assent of those his Tenants two men called Wall Reeves to oversee the said Banks c. upon the ebbing and flowing of the Tides and to warn all the Tenants of the said Lands as often as need should require to repair them and likewise to present the defaults in the Court of the said Lord at Stebenheth to the end that the defects might be thereupon amended by the said Lord and his Tenants And that the said Lord ought to have of every such Tenant so in default for the repair aforesaid for every peny three p●nce And so to settle the order of defence repair and maintenance of the said Banks c. in time to come and likewise the manner of cho●sing and constituting the two men aforesaid in the said Court of the Lord to oversee those Ditches c. and to warn the Tenants when need should require from that time forth for ever Which Custome and usage had ever been exercised from that time from time to time by the Tenants of the Lords of that Mannour untill that present day the state and Title of which Lord was then in the Bishop of London And the said Jurors moreover presented that through the default of the Bondmen of the said Bishop who then held the said Lands in Stebenhethe of him the said Bishop in form aforesaid and were so obliged to those repairs but could not perform them the Banks and Ditches were broken and torn and the Lands and Tenements aswell of the Free-holders as others pe●ilously and with great damage overflowed And it was farther enquired whether any of the said Tenants did ever contribute to the aid of any other Tenant for the repair and maintenance of those Banks c. upon any such breach hapning in former times And it was answered no For they said that every Tenant had wont to repair and sustain all the Banks c. upon his own proper land at his own chardge upon perill which might befall And because that the before-specified Free-holders who were not guilty of the said breach nor the default thereof as by the said inquisition was found whereas they should have had benefit by the repair of those banks as in reason they ought and contrarywise sustained great losse that they might have their action therefore if they saw good And that the said Bishop and his Bondmen through whose neglect those breaches drowning and damages came should be distrained from day to day for the repair and maintenance aforesaid By reason of which Inquisition for that the King was informed that the said Bishop and his Bondmen did refuse to perform those repairs at their proper costs and chardges upon their lands bordering on the before-specified River the Shireeve had command that he should summon the said Bishop to appear in the Court of Kings Bench in the xvm● of S. Iohn Baptist to shew if he could why c. who came accordingly and alleged that soon after the said Inquisition was so made all the defects in the Banks upon his and his said Bondmens Lands were by him and them sufficiently amended and repaired and the judgement given upon the same Inquisition ●ully executed and therefore saith that the Lands and Tenements aforesaid were not overflowed and drowned through the default of the Bishop and his Bondmen in not repairing and maintaining the Banks c. aforesaid upon those their Lands But he said that on the Even of the Circumcision of our Lord in the xviith year of the said Kings reign there hapned a mighty floud proceeding from the tempestuousnesse of the Sea which overflowed all the Banks aswell those that were against other mens lands as those against the lands of the same Bishop and his Bondmen and drowned all the said grounds Which floud afterwards in it's retreat to the Sea made a certain ground-breach upon the Land of the said Bishop which could not be repaired by the labour of one Tenant so that every man having any land so overflowed ought to be chardged equally for his proportion towards the repair thereof according to the Custome of the Marsh. And farther said that if all the Land-holders there would joyn together for the repairing and maintaining of the said ground-breach in common he the said Bishop and his Bondmen would be ready for their proportions to assist and contribute thereto And Adam de Fyncham the King's Attorney then said that the said Walls c. were so broken and torn through the default of repair by the said Bishop and his Tenants upon their own grounds that all the before-specified Lands and Tenements were thereby overflowed and in divers places drowned as aforesaid to the great damage and peril of all those Land-holders And that this he was ready to make proof of And the Bishop said as he did before and that if there were any overflowing at all it was occasioned by the said impetuous floud which went over all the said Banks and Ditches and which made that ground-breach before-specified in it's retreat and not by the default of him and his Bondmen aforesaid and desired that this might be enquired of by the County And so likewise did the said Adam then the Kings Attorney Whereupon the Jurors in the said Court of Kings Bench in the xvme of S. Michael and said upon their Oathes that the Banks Ditches c. upon the coast of Thames situate betwixt the said Hospital and the Town of Shadwell were not broken through the default of the Bishop and his bondmen and that the said Lands were not so overflowed and drowned through any defect in repair of them For they said that all the Land was so overflowed by the means of that huge floud before-mentioned occasioned through the vehement tempests from the Sea about the Feast of the Circumcision of our Lord before-specified which ran over all the said Banks and Ditches and which in it's fall to the Sea made the said ground-breach whereby those Lands became afterwards often overflowed and drowned And the said Jurors being asked who ought to repair that ground-breach answered that according to the Custome of those parts every man having any part in the said Land lying betwixt the said Hospital and Shadwell ought and had wont to contribute according to his proportion to the repair and maintenance of such a ground-breach when it should happen And therefore