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-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
of April 1656. to the Lord Fienes then one of the Commissioners of the great Seal the Lord Lambert Major General Desborough the Lord Lisle and the Lord Strickland for so they were then called or any three of them to consider of the said Petition and report their opinion therein to the Council The said Lords therefore requested Major General Whalley to call both parties before him and to examine the whole matter set forth in the before-specified Petition and make report thereof unto the said Committee which he did accordingly manifesting from sufficient Testimony the guilt of those Ryotors in all the outrages before expressed VVhereupon the Council of State by their Letters dated at Whitehall 21º Augusti 1656. and directed to the said Major General Whalley recommended the redresse thereof to his care and to that end desired him to improve his endeavour upon all occasions to prevent any farther Ryots and misdemeanors in those places and in order thereto to punish such their scandalous disobedience according to his instructions and not to suffer the said Inhabitants to keep by them any Arms or other Instruments for their future acting of the like and moreover to appoint some of his Regiment to be effectually aiding and assisting to the Shireeves of the respective Counties within his association or the Deputies and Collectors of the Court of Sewers for the putting in execution from time to time the Decrees processe and Orders of any the Courts at Westminster or of the Commissioners of Sewers to the end that the improvers just Rights might be restored according to Law and the said Strangers have the peaceable exercise of their Religion in the place designed for the publick meetings to that purpose CAP. XXVIII FRom Axholme I come next to those Marshes upon the River of Ankolme lying in the Northwest part of this County concerning which the first mention that I have seen in Record is in 16 E. 1. the King then directing his VVrit of Ad quod dampnum to the Shireeve of this County to enquire whether it would be hurtful to him or any other if the course of that water then obstructed from a place called Bishop's Brigge to the River of Humbre were opened so that the current of the same might be reduced into it's due and antient Chanel VVhereupon a Jury being impanelled accordingly and sworn did say upon their Oaths that it would not be to the damage of the said King nor of any other but rather for the common benefit of the whole County of Lincolne if the course of that River obstructed in part in divers places from Bishop's Brigge to the River of Humbre were open And they farther said that by this means not only the Meadows and Pastures would be drayned but that Ships and Boats laden with Corn and other things might then more commodiously passe with Corn and other things from the said River Humbre into the parts of Lindsey than they at that time could do and as they had done formerly VVhereupon about two years following the King did constitute Gilbert de Thorntone Iohn Dive and Raphe Paynell his Commissioners to cause that Chanel to be so scoured and clensed The like Commission had the said Gilbert and Raphe in 23 E. 1. And in 6 E. 2. the King being informed that the Chanel of the said River of Ancolme from Bishop's Brigge to the Bridge at Feryby which ought and had wont to be fourty foot broad was then grown so narrow for fault of clensing and scouring that in some places it extended not to three foot in bredth so that a great part of the adjacent lands were thereby frequently overflowed and drowned and that men and Cattel passing over Glaunford brigg in the time of such Flouds were seldome out of danger he assigned the said Raphe Paynell and Henry Bajocis to enquire the truth thereof and to cause redresse therein to be made Divers other Commissions also do I find to the same purpose viz. in 3. E. 3. to Iohn de Heselarton Peter de Ludington Simon de Grimesby and Richard de Navilton for the clensing thereof from Glaunford brigge before-specified to the River of Humbre And likewise for the scouring of certain Sewers betwixt Elsham and Feriby for default whereof the Lands thereabouts were overflowed In 19 E 3. to Richard Byroun Will. Disny Will. de Hardesbull Will. Darcy Iohn de Arches and Roger de Nevill for the clensing of those Sewers betwixt Bishop's Brigge and Feryby brigg In 23 E. 3. to Iohn de Hothum of Bondeby junior Richard Paynell Will. de Skipwith Iohn de Arches Raphe de Redford and Iohn Cokand for scouring the said Chanel from Glaunford brigge to the River of Humbre to the bredth of xl foot as it ought and wont to be as also of the Sewers betwixt Elsham and Feriby and to make enquiry concerning certain new Sewers made from the said Town of Elsham to Feryby by some of the Inhabitants of those parts by their own authority which had occasioned much overflowing of the waters thereabouts In 36 E. 3. to Raphe Paynell William Bray Will. Wascelyn and Raphe de Redford for the same purpose In 39 E. 3. to Will. Drax William Wascelyn and Will. Darcy for clensing thereof betwixt Bishops brigge and Humbre So likewise in 40 E. 3. to Iohn de Boys Thomas de Fulnetby Raphe de Redford William Wascelyn and others And in 15 R. 2. to Sir Philip le Despenser Sir Philip Darcy and Sir Henry Retford Knights Iohn Poucher Will. Crosby Gerard Sothill Rob. Tirwhit and Will. de Garton for the view and repair of the Banks betwixt the Town of West-Rasyn and the River of Humbre then broken in divers places through the force of the Tides and flouds of fresh waters descending down the Chanel of Ancolme Upon a pleading in 4 H. 4. it was found that the Presentment made in the Shireeves turn at Castre against the Abbot of Roche that he ought to repair and clense the Chanel of Ankholme was insufficient in regard it did not specifie that the said water did overflow the Banks thereof to the damage of the neighbouring Villages neither specially nor generally And also because that the said Shireeve did amerce the same Abbot in xll. which amerciament ought to be affered by four or two of the Jurors In 6 H. 5. Rob. Tirwhit Will. Ludington Richard Haunsard Thomas Handley Walt. Talboys Iohn Talboys Thomas Enderby Richard Hawe Iohn Veer and Rob. Feryby were appointed to view and repair the Banks and Sewers upon the said River of Ankholme from Bishops brigge to the water of Humbre and the interjacent places And to proceed therein according to the Law and Custome of this Realm And in 22 E. 4. Will. Tirwhit Esquire Robert Shefeld Thomas Moigne Iohn Moigne Thomas Hanserd Esquire and Iohn Barde had the like appointment And to make fit
The next year following Richard VVakeherst VVill. Bertyne Thomas Betenham Thomas Hordene VValter Colepeper and Iohn Derham had the like appointment for the Banks c. betwixt Smalhithe and a certain place called the Pendynge and likewise betwixt Farnehille and a Bank leading from Mayteham to Pendynge aforesaid in the Parishes of Tenterden and Rolveldene with power to make Statutes and Ordinances for the preservation of those places according to the Law and Custome of this Realm and the Custome of Romney marsh As also to take so many Diggers and Labourers in respect of the instant necessity as should be needful for that work In 28 H. 6. VVill. Kene Esquire Iohn Bamburgh Stephan Slegge and others were in like fort constituted Commissioners for the view and repair of those Banks c. betwixt the Town of Redyng and Redehille thence to Huntebornebrigge thence to the up-land of Bregge and thence to the said Town of Redyng in the Parishes of Tenterden Apuldre and Wodechirche and to make Statutes and Ordinances c. as abovesaid In 13 E. 4. Sir Iohn Fogge Knight Sir Will. Haute Knight Roger Brent Iohn Fyneux VVill. Brent Iohn Nethirsole and Iohn Hert were in like manner appointed for those Banks c. betwixt Tenterdene and Lyde as also to make Laws and Ordinances c. as abovesaid In 14 E. 4. the King having received advertisement that the Banks Ditches c. lying on the Sea-coast and Marshes betwixt Robertsbrigge in Sussex and the Town of Romney in this County of Kent were by the raging of the Sea and violence of the Tides much broken and decayed to the great damage of those parts and being therefore desirous that some speedy remedy should be used therein did by his Letters Patents bearing date at Westminster 16º Iulii in the year abovesaid constitute Sir Iohn Fogge Sir William Haute and Sir Iohn Gilford Knights and Iohn Elryngton Iohn Brumston Henry Auger Will. Belknap and Robert Oxenbregge Esquires as also Bartholmew Bolney Roger Brent Iohn Fyneux Vincent Fynche Iohn Nethersole and Iohn Hert his Commissioners giving power to any four three or two of them whereof the said Bartholmew Roger Iohn Fyneux Vincent Fynche Iohn Nethersole and Iohn Hert to be one to take view of the said Banks c. and to enquire upon the Oaths aswell of Knights as other honest and lawful men of the before-specified Counties aswell within Liberties as without by whom the truth in the premisses might be the better known through whose default these damages had there hapned and who they were that had Lands and Tenements or common of Pasture or Fishing in those Counties or had or might have preservation and benefit any manner of way by those Banks c. or losse for want of them aswell those that were remote as those that were neer to the danger and to distrain all such according to the quantity of their Lands and Tenements or number of Acres or Carucates proportionable to what they held and so likewise for their common of pasture or fishing and together with the Bayliff of the Liberties and other places of the Counties and parts aforesaid for the repair of those Banks Ditches Gutters and Sewers and to make them or some of them new where need should require And likewise for clensing the Trenches and if cause were to stop them up so that no favour should be shew'd to any person whatsoever rich or poor or of what state degree or dignity soever who might have advantage by the said Banks or detriment for want of them And moreover to make agistments upon the Sea-Ditches for the safeguard of those parts according to the number of acres or perches and as often as it should be needful to renew them And likewise to depute certain diligent and faithfull Guardians for the preservation before mentioned and to hear the Accompt of the Collectors of moneys which were to be levyed for that occasion and for the repair of the said Banks or obstruction of those Trenches And that they the said Commissioners or any four three or two of them whereof the said Bartholmew Roger c. to be one to take distresses either by themselves or others whom they should think fit to depute for that purpose for the arrerage of what ought to have been Collected as often as need should be And also to make and ordain fit and necessary Statutes and Ordinances for the defence of the Sea-coasts and Marshes aforesaid and the adjacent parts according to the Laws and Customes of this Realm of England and of Romeney Marsh. And to hear and determine all the premisses aswell at the said King's sute as the sute of any other whasoever which should come in question before them according to the Law and Custome of this Realm and the Custome of Romeney Marsh aforesaid As also to take and imploy in the said works and repairs as many Ditchers and other workmen and labourers as should be expedient for the works and repairs before mentioned upon competent salaries to be paid to them in that behalf in regard of the great urgent and instant necessity for expedition therein Futrher requiring the said Commissioners and any four three or two of them whereof the said Bartholmew Roger c. to be one to accomplish the premisses in form aforesaid and whomsoever they should find either negligent or refractory in making their proportionable repairs belonging to them to compell them thereto by distresses and amerciaments and such other wayes and means as they should deem most expedient to the end the said defects might be suddainly made good And to cause whatsoever they should ordain and determine therein to be firmly observed acting therein as to Justice appertained and according to the Law and Custome aforesaid Saving to the said King all amerciaments and other things herein to him belonging Whereupon afterwards viz. on the tenth day of April in the xviijth year of the reign of the same King the said Justices were informed that all the Lands and fresh Marshes lying within the subsequent limits viz. betwixt the Marsh called Cowelese towards the North the lands in the Ree leading from the said Marsh to the place call'd Lynkehoke neer Romeney towards the East the way leading from the said place called Lynkehoke by the inside of the Bank at Lyde and through the midst of the high street of that town to Pigwell and a place call'd the Holmestone lying without the Bank called Wikewall the Land of Promhill situate without the Banks called Simondes Wall and Kent Wall and the gulf of salt water running from the Camer unto the said Marsh called Cowelese towards the West excepting the Marshes called the Kete Denecourt mershe and Bourghser's mershe and other Marshes then lately taken in by the before-specified Iohn Elryngton and Richard Gilford Esquires with the Banks belonging to them were dayly subject to the danger of inundation by the Sea and salt water for default of repair and
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
the Shireevâ— of this County wherein he reciteth that whereas Sir Robert Bealknap Knight and Iohn Lucy lately constituted his Justices of Sewers for the Banks c. on the coast of Severne and the parts adjoyning did ordain and appoint that the breach made by the men of Aylberton in a certain Causey dividing the Fields of Luttelton and Aylberton should be repaired and made good in as perfect a manner as it was before And that for the drayning of the waters out of the Towns and Fields aforesaid a certain Ditch which extended it self from the South side of the said Causey from the town of Aylberton unto Severne should be competently amended in such places where need required at the chardge of those who had estates in the Lands and Tenements adjoyning that is to say of those who had used to make and repair them and that this should be done as often as need required And moreover that six sufficient men having lands in those parts and also one Bayliff should be chosen and sworn to view as often as they should think fit all the said Ditch from the one end thereof to the other and to cause it to be amended and repaired from time to time according to the tenor of the said Ordinance and Decree And that a certain Sluse antiently set in the said Ditch at the common chardges of all those who had benefit by the drayning of those waters which did descend thereby should be competently maintained by the view of the said six men and the Bayliff before-specified And that certain men of those parts specified in the said Processe ought severally to scour and clense some perches of the said Ditch and that they should be distrained thereâ—o by the said six men and the Bayliff as often as occasion required as by the Record and processe thereof had on that behalf and by the said King's Letters Patents exemplified under his great Seal more plainly might appear And forasmuch as at that time upon the relation of divers of the said King's faithful Subjects he was informed that through the neglect in observing the said Ordinance and Decree much losse had hapned to divers of his Loyal Subjects and others residing in those parts and many worse in processe of time were like to fall out except a more speedy remedy were used therein the said King for prevention thereof commanded the said Shireeve to view the exemplification of that Record and processe and calling before him those six men and the Bayliff and fully declaring the premisses unto them to warn and distrain them for the performance of all things which did belong to them therein In 11 H 4. Sir Gilbert Denys Knight Robert Poynns Iohn Grevill Iohn Giffard Iohn Russell Will. Godefelawe Gilbert Gylberd and Will. Merbury were assigned to view and take order for the repair of all those Banks c. betwixt Gloucester and Bristoll which were then broken by the violence of the tides and to do all things therein according to the Law and Custome of this Realm and the Customes used in those places As also to take so many Labourers upon competent wages in respect of the great necessity as should be needful for that work And in 1 H. 5. Robert Poyntz Alexander Clevedone Thomas Mille Iohn Derhurst Robert Stanshawe and Nich. Alderlegh were appointed to view and repair all those Banks c. in Salt marshe betwixt Olston and Hembury and to act therein according to the Law and Custome of the Marsh. CAP. XXII FROM Gloucestershire I must make a large step the more Western parts of this Realm affording no considerable Marshes nor the North VVest neerer than Yorkeshire but that Country is well stored with such Fenny grounds especially neer the Rivers of Ouse Darwent Aire Done Crent and Humber some part whereof do lye in the East Riding but the greatest proportion in the West Riding of that County for in that flat about Hoveden and bordering upon it it hath been observed that there are no lesse than fifty eight Villages and that it hath heretofore been vulgarly called Waulyng fenne though now as I think Dikes marsh and Hatfield Levell are the most noted names whereby it is commonly known Pursuing therefore my accustomed method in discoursing of the improvements here likewise made by banking and drayning I shall observe that the first Commission for that purpose wherewith I have met is in 23 E. 1. and directed to H. de Cressingham and I. de Lithgreines who upon complaint made to the King by Walter de Langeton then Master of the Hospital of S. Leonards at York that divers persons having lands lying neer the River Ouse betwixt the towns of Houke and Rednes who in respect of those their said lands ought to repair and maintain certain Banks and Sewers upon the borders of that stream for the securing of them from inundation as they and their Ancestors in times past had done did neglect so to do whereby great losse accrued to many other Land-holders in those parts the said King assigned them the said Hugh and Iohn to enquire the truth thereof and to take such course for the redresse of the same as should be consonant to the Laws and Customeâ— of this Realm The like Commission had the said Hugh and Iohn touching the view and repair of the Banks Ditches c. upon the same River of Ouse from Cawode to Faxflete on both sides the water So also in 27 E. 1. had Thomas de Burnham and Gerard Salveyne for the same Banks c. betwixt Cawode and Faxflete In 28 E. 1. upon information made by the Land-holders of Brunkestet and Faxflet that one Peter Betard and the townsmen of Beleby had diverted the stream of Beleby Wathe out of it's antient Chanel into the Watercourse of Fulnathe and likewise that the Inhabitants of Estringtone and Portingtone had turned the course of those such waters as passed neer those towns by several trenches so variously that upon any great rain they drowned the greatâ—st â—art of the lands adjacent so that neither passengers could travel in the common Road betwixt Beleby and Pokelington nor the said men of Brunkeflet and Faxflet till and sow their low grounds or dig turf in the Moor of Walingfen or depasture their Cattel in the parts thereabouts the King therefore assigned the before-mentioned Iohn de Lythegreyns and Robert de Boulton to view those places and to redresse the said nusances Several other Commissions for the view and repair of the Banks Ditches and Sewers in those parts were afterwards issued viz. in 32 E. 1. to Thomas de Burnham William de Hake and Thomas de Fisheburne concerning those upon Ouse betwixt Cawode and Brungflete In 2 E. 2. to Alexander de Cave and Geffrey de Hothum for those upon the verge of Humber and Ouse betwixt Ellerker and Barneby neer Hoveden In 4 E. 2. to Will. de Huke Gerard Salveyn and Iohn
the Abbot of Fountaines was dischardged from the making and repairing a bridge called Wethington brigge lying betwixt Wethington and Thorpe Underwode In 1 H. 4. upon a Commission directed to Laurence de Allerthorpe then one of the Barons of the Exchequer Sir Thomas Metham Sir Will. Chetwyn Sir Gerard Ursflet Knights Will. Gascoigne Robert Thyrwhyt Robert de Waterton Hugh de Ardern Will. Hundegate and VVilliam Lodyngton for the view and repair of the Banks Ditches c. betwixt the Town of Pokelyngtone and the Rivers of Humbre and Derwent as also within the VVapentake of Herthill and liberty Hovedene whereby they were appointed to act according to the Law and Custome of this Realm the said Justices sate at Hovedene upon Thursday in Easter week in the year abovesaid before whom the Jurors presented upon their Oaths that there was a certain VVatercourse called Poklyngton bâ—k which had used to run directly ..................................... Hâ—re the Record is obliterated by moisture and dust in at least xl lines ...... And the said Robert ....... ought to repair all the VVatercourse of Foulnay aforesaid in form aforesaid unto the North part of Morgramenge for his Tenements in Holme aforesaid And that from thence Sir Gerard Salveyne Knight was obliged to repair the said VVater-course in form aforesaid unto the water of Peter de la Hay called Botelere water and from the beginning of the said Boteler water the said Peter was to repair the same in form aforesaid unto the water called Mallorys water for his lands in Spaldyngton And from the beginning of the said Malloryswater Sir Iohn Mauleverere Knight was bound to repair that whole VVatercourse of Foulney aforesaid in form aforesaid unto the water of the said Robert Constable for his lands also in Spaldyngton And from the beginning of the water of the said Robert Constable the said Robert ought to repair all the said Chanel of Foulney unto the water of the Prior of Ormesby for his Lands in Holme aforesaid And from the head of that water of the said Prior he the said Prior to repair all the course thereof in form aforesaid to Wâ—llumbrygge and Spaldyngholme And from thence Ioan the Widow of Iohn de Aske for the lands which she held for term of her life by the grant of Sir Hugh le Despenser Knight in Birsay the Prior of Ormesby for Spaldingholme Sir Robert Constable Knight for his Teâ—ements in Holme aforesaid Sir Thomas Bosvyle Knight and Anthony Bosvyle for his lands in Birsay and Peter de la Hay for his lands in Spaldington to repair the same VVatercourse of Foulney towards the VVest from the mid-stream therof for xij foot in bredth unto the traverse of Hebeldyke And that the Prior of Wartre ought to repair the said VVater-course of Foulney on the East part from Wellumbrygge aforesaid towards his own Land unto Hebeldyke aforesaid for xij foot in bredth And from thence Sir Thomas Bosvyle Knight and Anthony Bosvyle and Ioan the VVidow of Iohn de Aske for their Tenements in Birsay to repair the same for the bredth of xxiiij foot to a certain water belonging to the said Ioan. And she the said Ioan to repair hers to a place called Fochâ—eneere for her lands in Birsay And from thence she the said Ioan and they the said Sir Thomas and Anthony for their lands in Birsay to repair the same unto the water of Peter de la Hay there And the said Peter to repair his water for his lands in Spaldyngton in the land of the said Sir Thomas and Anthony Bosvyle And the said Sir Thomas and Anthony to repair theirs unto the water of Will. de Waldeby in Portington And the said William to repair the same from the head of his water for one Rode towards Metham enge And they said moreover that from thence Sir Thomas Metham Knight was bound to repair all the current of the before-specified water to Stokholme in Birsay towards a Meadow called the Hal enge otherwise called Metham enge in respect of that Meadow and thence to the West part of Constable Enge And that Sir Thomas Metham Knight for his Tenements in Birsay Ioan the VVidow of the said Iohn de Aske for her Tenements there and Sir Gerard Salveyn Knight for his Tenements in ...... â—me were to repair the same in form aforesaid And that Sir Robert Constable Knight was to repair the same Chanel towards his said Meadow called Constable enge And they said that the before-specified Beatrice the Prior of Wartre the Prior of Ellâ—rton William VVright Robert Constable Isabell VVill. de Thoxe Richard Simolfe VVill. Peresson Iohn Hastynges the Abbot of Seleby Iohn de Pothowe Iohn Wiltshire and Blanche Peter de la Hay Robert de Bevere Gerard Salvaine Iohn Maleverer the Prior of Ormesâ—y Ioan the VVidow of Iohn de Aske Thomas and Anthony Bosvyle Wil. de VValdeby and Thomas de Metham who ought to repair the said VVater-course of Foulnaye ought of right to have several fishing in those places where they or any of them did clense or maintain the same VVhereupon the Shireeve was required to summon the said Beatrice the Prior of Wartre and all the rest above-mentioned to answer c. Who came accordingly by their Attornyes and it being demanded of them what they had to say why they ought not to repair the said Chanel of Foulney in such sort as they had been presented they answered and severally said that they could not deny but that the same Chanel was obstructed and not scoured in those places in such manner and form as was presented and that they ought to clense and repair the same therefore they were severally amerâ—'d c. And the said Shireeve had command to distrain them to the end that he might be secured that the same water-course of Foulney should be well repaired as often as need did require And they presented moreover that Sir Robert Constable Knight thâ—n Lord of Holme in Spaldyngmore ought to repair the whole water-course called Langedyke from Constable Enge unto Whalsaye Ditch and that the same Chanel from Langedyke to Skelflete and from thence to Humbre ought to be xij foot broad and six foot deep And that the Prior of the Hospital of S. Iohns of Ierusalem in England ought to repair the said water-course of Langedyke below Whalsaye to Hotham Kerre in respect of his Lordship of Whalsaye and that the said water-course was then stopped and not scoured VVhereupon the Shireeve was commanded to summon the before-specified Robert Constable to answer c. who appearing accordingly could not deny but that he ought to repair and maintain the said water-course and therefore he was amerc'd And they likewise presented that there was a certain watercourse called Alderwent descending from a place called the Bothe hill in Queldryk unto the land belonging to the Chapel of our Lady of Storthwayt and thence to a place called the Halle bank in Storthwayt and thence to Middilhilbrygge in Est Cottyngwithe and thence
by the space of one Rode of land in the same Town and thence to a Close called Thom Parrok in the same Town of Est Cottyngwithe which Watercourse was so obstructed that the adjacent lands for default of clensing thereof were dâ—owned And that Robert Abbot of Fountaines ought and had used to repair the said VVatercourse from that place called Bothe hill to the Halle banke And that Thomas Abbot of S. Maries in Yorke ought and did use to repair the same from thence unto Middilhylbrigge And that Will. Woderowe of Queldryk ought to repair the same from thence for the space of one Rode And that the Prioresse of Thikhed ought to repair it from that Rode unto the Close called Thom Parrok And that the Chanel of the said watercourse being clensed ought to be xiiij foot in bredth and six foot in depth The Shireeve therefore had command to summon the parties abovesaid to answer c. who appearing accordingly could not gainsay but that they ought to repair the same VVherefore they were amerc'd and the Shireeve required to distrain them And they also presented that there was a certain watercourse called Newlandyke in Telburne descending from Landryk mose on the East part unto the Chanels called Dubbeldykes in Melburne which said Chanels do run to a place called Skategraves in Seton and thence by the current of two Sewers called the Fossedykes running betwixt Seton on the East part and Lathum and Folkerthorpe on the VVest unto the River of Foulnay and that the said Chanels were obstructed for want of scouring as also that the lands there sowed with corn together with the Meadows and Pastures adjacent were overflowed for want of repairing the same And that the Town of Melburne ought to scour and clense the same from Landrykmose to Skategreves and from thence the great Ditch unto a place called Doderesse on the North side And the Town of Seton Alice Hay Lady of Lathum the Prior of Ellerton the Town of Lathum Iohn de Pothowe and the Town of Folkerthorpe to repair all those other Chanels before-mentioned that is to say each of them for their lands and against their lands unto the said water of Foulnay And that the said Sewers ought to be xij foot in bredth and six foot in depth from Folkethorpe bridge unto the said water of Foâ—lnaye VVhereupon the Shireeve had command to summon them to answer c. who appeared c. and were amerc'd c. as abovesaid And they likewise presented that the VVatercourse called Blaktoft damme otherwise Haunsardamme which reacheth from Foulnay to the River of Ouse was then also obstructed and ought to be repaired by Richard Haunsard and the Town of Blaktoft for their Lands in Blaktoft and that the same ought to be xvi foot in bredth and viij foot in depth VVhereupon the Shireeve had command c. as abovesaid And they farther presented that the said Richard Haunsard ought to repair the same Chanel from Hunsardamme to Foulnay unto the South end of Gylâ—erdyke and therefore that he was amerc'd And that the Village of Blaktoft ought to repair the same from Haunsardamme as abovesaid therefore the Shireeve had command to distrain c. And the said Jurors also presented that the water-course of Langedyke from Whalsey to Skelflete ought to be xij foot in bredth and six foot in depth and that the same as also the watercourse of Ragolfdyke ought to be repaired by the towns of Spaldyngton Gripthorpe Wylughtoft Fowerthorpe Heâ—lâ—thorpe Melburne Bubwithe Lathum Seton Everyngham Herswell Holme Birsay Beleby Estryngton Portyngton Kaynyll Birland Ousâ—thorpe Hythe Sandholme Blaktoft Yneflete Cotnesse Saltmersk Skelton Sandhall Hothom Southclyff Northclyff and Scalby and that the said watercourses were obstructed wherefore the Shireeve was commanded to summon the Inhabitants of the said Towns who appearing could not gainsay the chardge therefore they were amerc'd and the Shireeve commanded to distrain them for the compleat performance of all those repairs And they likewise presented that the watercourse called Thornton damme which extended it self from Langdyke to the River of Ouse was obstructed so that the adjacent grounds were thereby drowned and that the same ought to be repaired by the Abbot of Thorntone for Thorntone house and also that Thorntone damme and ...... damme ought to be xvi foot in bredth and viij foot in depth The Shireeve therefore had command to summon the said Abbot c. And they also presented that the said Abbot was obliged to repair clense and maintain the watercourse from Langedyke unto the Town of Skalby and thence to the River of Ouse as it was before alleged wherefore he was amerc'd and command given to the Shireeve to distrain him by all his Lands And they moreover presented that the water-course called Temple damme which lately belonged to the Master of the Temple in England was obstructed so that the lands adjacent were thereby drowned which water-course ought to be repaired by Sir Stephan le Scrope of Masham Knight Lord of the Mannour of Faxflete from Mikilsyke with the Ditches in Helwysgote and Crakeputte to the water of Humbre wherefore the Shireeve had command to summon the said sir Stephan who appearing by Thomas de Waldeby his Attorney said that he could not deny but that he ought to repair the said watercourse called Temple damme from Carbrygge unto thâ— River of Humbre but said that he ought not to repair the same from Mikilsyke with it's Ditches in Hewysgote and Crakepitte to the said bridge called the Carbrygge any otherwise than a Commoner in Wallyng fen and desired that it might be enquired of by the Country c. VVhereunto the Jurors said that the said Stephan was not bound to repair the same watercourse from Mikilsyke with the Ditches in Helwysgote and Crakepiâ—te unto Carbrigge otherwise than a Commoner in the Marsh of Wallyngfen in such sort as he the said Stephan had in his pleading alleged and therefore he was dischardged thereof but because the said watercourse from Carbrygge unto the Rivâ—r of Humbre was not repaired at the time when the before-specified presentment was taken he was amerc'd and the Shireeve had command to distrain him And the said Jurors presented that a certain watercourse called Parkdyke descending from Haunsardamme Eastwards to Thornton damme and thence betwixt Scalby and Scalby grene unto Temple damme ought to be repaired by the Town of Blaktoft from Haunsardamme to Thornton damme and thence to the Temple damme by the Abbot of Thorntone and the Town of Scalby And that the said watercourse was obstructed towards Skalby by Henry de Kelme and others who threw earth into it by the command of Sir Stephan le Scrope of Masham Knight VVherefore the Shireeve was required to summon the said Sir Stephan and Henry to answer c. VVho accordingly appeared and said that there then was and had been time out of mind a certain Road-way from the Town and Mannour of Faxflete unto the same place where by
thereupon In the same year also Will. Lord Wilughby Raphe Crumwell Philip Spenser Robert Tirwhit and Robert Cumberworth were appointed to view and repair the Banks and Sewers betwixt Grymesby and Waynflete and to do all things therein according to the Law and Custome of this Realm and the Custome of Romney marsh The like appointment the next year following had the said William Raphe and Philip with Richard Muriell and Albine de Endirby for the same Banks and Sewers and direction to proceed therin according to the Law and Custome of the Marsh. In which year I find it presented that the Sewer called the Ea ought to be repaired from the West end thereof unto the Sea by VValter Athall Fermour of the Duke of Lancaster's â—ishing and VValter Ranson Fermour of the Lord of Dalbye's fishing And that the South-west bank of Lusdyke ought to be repaired by the village of All Saints in UUaynflete As also that the Chanel of Lusdyke from Stordyke unto the Eas end ought to be repaired by the same village And that the Ea from the VVest end thereof unto Normandeepe ought to be repaired by the Fermours of the fishing belonging to the said Duke and to the Lord of Dalby In 1 H. 4. Henry Earl of Northumberland Sir Will. de Wilughby Sir Walter Pedwardyn and Sir Iohn Rochefort Kts Robert Tirwhit Will. Michel and Albine de Enderby had Commission for the view and repair of those Banks and Sewers betwixt Boston and Friskeney with power to hear and determine all things therein according to the Law and Custome of this Realm and the Custome of Romeney marsh and to take so many Diggers and other Labourers upon competent wages in respect of the great and instant necessity as they should think requisite to be imployed in the said work Other Commissions of the like kind were shortly after directed to sundry persons viz. in 6 H. 4. to VVill. de VVylughby Iohn de Rocheford Rob. Elkyngton VVill. de Ludington Thomas Somercotes Thomas de Enderby Iohn Symons and Robert VVhite for those within the precincts of UUrangle to Barton upon Humbre with appointment to proceed therein according to the Law and Custome of this Realm and so likewise in 7 H. 4. to the same VVilliam Iohn Albine de Enderby VVill. de Ludington and others In 9 H. 4. to VVill. Lord VVylughby Sir VValter Talboys and Sir Richard Haunserde Knights Robert Tirwhit Will. de Lodyngton Will. Michel and Thomas Enderby for those betwixt Boston and Trent In 10 H. 4. to Sir Will. de Wylughby and Sir Iohn de Rocheford Knights Will. Lodyngton Thomas Wace Richard de Bradlay and Will. Boleyne for those betwixt Boston and Skegeneys and in divers towns and places within the Sokes of Bolyngbroke and Horncastre with direction to proceed therein according to the Custome of the Marsh and the Law and antient Custome of this Realm In 11 H. 4. to Robert Tirwhit Sir Iohn Rocheford Knight Robert Waterton Iohn Waterton Iohn Skipwyth Will. Lodyngton Richard Tournay Richard Bradley and Thomas Wace for those betwixt Boston and Friskeney and to act therein according to the Law and Custome of this Realm and the Custome antiently used in that place In 12 H. 4 to Robert Lord Wylughby Sir Thomas Wylughby Kt. Robert Tirwhit Robert Waterton and others for those betwixt Boston and UUaynflete with appointment to do all things therein according to the Law and Custome of this Realm The like Commission the same year had Rob. Tirwhit Sir Richard Haunsard Knight Will. Lodyngton Nich. Tournay Thomas Claymond Henry Morley Iohn Skipwith and Robert Feriby for those Banks and Sewers from Littulburgh all along the River of Trent to Humbre and from Bishops brigges on the River of Ancolme to Humbre So also had Thomas VVace Richard Bradley and others for all the Banks and Sewers throughout this whole Province of Lindsey as also for those betwixt Boston and Friskeney before whom sitting at Bullingbrooke on Friday being the Feast day of S. Ambrose the Jurors presented upon Oath that it would be fit for the preservation of the Eastfenne that the Dam of Waynflete be shut throughout the whole year that the salt water being kept out of the wash the grasse and weeds growing therein might be totally destroyed and to be thus stopped up by the towns of the Wapentake of Bullingbroke and the Inhabitants of UUrangle Leake Leverton Benington Butterwik Freston and Tofte in such sort that the water descending from the mountainous parts of Lindsey and running into a certain Sewer called Lusdyke in Lindsey viz. in Thorpe UUainflete and Stepinge should be so kept within the bounds of a certain trench that it might not enter into the said Washe of the Est fenne but keep it course to the Haven of UUaynflete and thence to the main Sea In 13 H. 4. the King by his Attorney impleaded Will. Leveryk of Irby and Isabell his wife for making of a Ditch in a certain place in UUaynflet called Hall dale by means whereof four Sewers which passed the fresh waters from Bullingbroke and other Towns adjacent in Est fenne and UUest fenne became obstructed to the prejudice of the said Kings fishing there and the overflowing of four Acres of his said land In 1 H. 5. Robert Tirwhit Sir Richard Haunsard and Sir William Frank Knights Thomas Enderby Richard Hawe and Simon Louthe were constituted Commissioners for the view and repair of the Banks Sewers and Ditches from Wytherne to the Sea and betwixt Saltfletby and Trusthorpe and to do all things therein according to the Law and Custome of the marsh Divers other Commissions to the like purpose were shortly after directed to sundry other persons viz. in 6 H. 5. to the same Rob. Tirwhit Will. Lodyngton Tho. Cumberworth Roger Flore Thomas Enderby Thomas Somercotes Iohn Kyme and Iohn Langholme for all the Banks and Sewers in this Province of Lindsey In which Commission they had direction to proceed according to the Law and Custome of this Realm In 1 H. 6. to the same Robert Tirwhit Thomas Santone Robert Feryby Robert Wasselyn Henry Morlay and Thomas Belwode for those betwixt the Rivers of Trent and Ankholme wherein they were to act according to the Custome of the Marsh and the Law and Custome of the Realm In 4 H. 6. to Sir Robert Wylughby Sir Raphe Crumwell Sir William Crumwell and Sir Raphe Rochford Knights Walter Talboys Robert Tirwhyt Iohn Kyme Richard Hawe and Iohn Veere for all the Banks Ditches and Sewers throughout this coast of Lindsey In 6 H. 6. to Iohn Beaumont Sir Will. Tirwhit Knight Iohn Ellerker Robert Feryby Iohn Tourney and others for those betwixt Grymesby and Burton Stather In 9 H. 6. to Sir Robert Wylughby Sir Raphe Crumwell and Sir Raphe Rocheford Knights Iohn Ellerker Walter Talboys and others for all within this whole Province of Lindsey
with directioâ— and power to make Laws and Ordinances for the safeguard and preservation of the Sea-coasts and Marshes of the same and of the adjacent parts consonant to the Laws and Customes of Romeney marsh and to hear and determine of all things touching the same according to the Law and Custome of this Realm and the Custome of the said Marsh As also to imprest so many Artificers and other Labourers for that work upon reasonable salaries as they should deem necessary to imploy therein considering the great and urgent necessity to hasten the same The like Commission in 11 H. 6. had the said Sir Robert Wylughby Sir Iohn Beaumont Sir Raphe Cromwell and Sir Thomas Cumberworth Knights Iames Strangways Iohn Ellerker and others In 12 H. 6. it was found by Inquisition that the Haven of Waynflete ought to be repaired by the Tenants of the Duke of Lancaster and the Lord of Dalby And so likewise the Ea from that bridge which is towards the Church of All Saints towards the Dam. And in 15 H. 6. I find that there was an allowance of xxijl. iiijs. ixd. for the repair of that Haven whereof the Lord of Dalby for his third part allowed vijl. viijs. iij d. and the Lord of Bullingbroke xijl. iijs. ij d. over and above Liijs. iiij d. to be paid by the Bayliff upon agreement At which time it was likewise presented that the said Haven of Waynflete from the Dam unto Lymgreynes and thence to Norman dâ—epe ought to be repaired by the Lords of Bullingbroke and Dalby In 17 H 6. at a Session of Sewers held at Louthe upon Saturday next after the Feast of the Epiphany before Richard Haghe and Iohn Langholme with their associates then in Commission for the view and repairs of the Banks Ditches and Sewers in these parts there was a presentment exhibited by the Jurors shewing that it would be most profitable and necessary for the drayning and evacuation of the superfluous water from the North Common of Wynthorpe towards the Sea that there should be made one new and competent Sewer in that common extending it self from Tonlond gate in Wynthorpe unto a certain Sewâ—r there called the Old Sewere and so descending towards the North unto the Fee of the Dutchy of Lancaster called Fivescore acres in Ingoldmels thence towards the East into a certain Sewer there called the Old Sewer where it would be commodious and expedient for the conduct of the superfluous water towards the Sea to make a new Gutter in that very place where the Chanel called the Old Gote in Ingoldmels was unto the said Old Sewer and so descending to the Fee of the Lord Wylughby and Sir Iohn Gryffith Knight called Redelandes in Skâ—gnes and thence into a certain Sewer called the Old Sewer in Skegnes to the Sea And that the said Sewer and Gutter ought to be made and afterwards repaired by all those who had lands or Tenements in the North Common of Wynthorpe and the North Common of Skegnes in respect of what they enjoyed in those places that is to say every one according to the number of his Acres there and by the Land-holders of Fivescore Acres in Ingoldmels aforesaid viz. every man according to the number of his Acres there The Shireeve therefore of this County was commanded to summon all the said Land-holders in the said places called the North Common of Wynthorpe and the North Common of Skegnes and likewise in the Fivescore Acres in Ingoldmels before-mentioned to appear before the above-mentioned Commissioners at Louthe upon the Monday before Palme Sunday then next ensuing to shew what they could say for themselvs why they ought not to make and repair those Sewers according to the form of the before-specified Presentment At which day Robert Etton then the Kings Attorney came to Louthe aforesaid but the said Shireeve not receiving his Precept soon enough could not summon those Land-holders to be there as abovesaid therefore he was required to give them warning to appear at Burwell on the Monday in Whitson week then next following which he did do accordingly but none of them came the Court therefore ordered that the before-specified Sewers and Gutter should be made repaired by all the said Land-holders at their own proper costs and chardges according to the form of the same Presentment In 22 H. 6. Sir Robert VVylughby Sir Leon Welles and Sir Raphe Cromwell Kts Robert Sheffield Iohn Langholme and others were constituted Commissioners for the view and repair of all the banks c. in these parts of Lindsey and to determine all things therein according to the Custome of the Marsh till that time used and approved and according to the Custome of this Realm In 24 H. 6. Iohn Viscount Beaumont Sir Raphe Cromwell Sir Thomas Cumberworth and Sir VVilliam Tirwhit Knights Iohn Tailboys Richard Waterman Robert Sheffield and others had the like Commission for the view and repair of all the Banks Ditches and Sewers in the Wapentakes of Yarburgh Mauley Coryngham Weâ—le Lanres Haslokhowe and Walsh croft within this Province and to make Laws and Sâ—atutes proper for the same consonant to the Laws and Customes of Romeney marsh As also to do all things therein according to the Law and Custome of this Realm and the Custome of that Marsh And to take so many Labourers upon competent wages to be imployed in the said work as should be necessary for the same considering the great necessity of expedition to be used therein Many other Commissions for the Banks and Sewers aswell throughout this whole Province as in sundry places therof were afterwards issued out to several persons of the superiour rank in these parts viz. in 29 H. 6. to Sir Robert Wylughby Sir Leon Welles and Sir Raphe Cromwell Knights Richard VVelles Esquire Iohn Taylboys Rich. Waterton and others for those Banks c. throughout this coast of Lindsey with direction and authority to proceed therein as abovesaid So likewise in 31 H. 6. to Iohn Viscount Beaumont Sir Leon Wellys and Sir Raphe Cromwell Knights Iohn Tailboys and others As also to the said Iohn and Raphe with Sir Hugh Wythom Knight Richard Bedyngton and others for those within the Precincts of Skegney Dodyngton-Pygote and Tyd-gote in this County In 34 H. 6. to the said Iohn Viscount Beaâ—mont Iohn Taylboys Richard Waterton Robert Sheffield and others for those in the Wapentakes of Yarburghe Manley Coryngham Welle Laures â—aslokhowe and Walshcrofte in these parts of Lindeseye In 35 H. 6. to the said Iohn Sir Richard Welles Lord Wylloughby Iohn Taylboys Robert Sheffield Richard Benyngtone of Boston and others for all those throughout this whole coast The like Commission in 2 E. 4. had Sir Humfrey Bourchier Lord Cromwell Sir William Skipwith Knight Thomas Burghe Thomas Blount Iohn Whichecote and divers others In 6. E 4. to Richard Pynchebek Richard Welby Iohn Pynchebek Thomas Meres Leonard
Thornburgh and others for those Banks and Sewers from Skegnes and Dodyngton-Pygot to Tyddegote In 7 E. 4. Thomas Kyme of Friskeney and others had the Port of Waynflâ—te to ferm with Market and Wind-mill as also the Court of the said Market and Haven and fishing within the same paying xxl. yearly and supporting all chardges belonging to the said Haven Mill and fishing In 49 H. 6. Iohn Bishop of Lincolne George Duke of Clarence Richard Earl of Warwick and Salisbury Sir Humfrey Bourchier Lord Cromwell Sir Gervase Clyfton and Sir Will. Skipwith Knights Robert Taylboys Esquire and others had Commission for the view and repair of all the Banks and Sewers throughout this whole Province The like Commission in 12 E. 4. had Sir Richard Hastyngs Sir Thomas Burgh and Sir Will. Skipwith Knights Robert Taylboys Robert Ratclyf and others So also the same year had Thomas Prior of Spaldyng Richard Welby Leonard Thornburgh Richard Pynchebeck Iohn Bolles Robert Dokkyng and others for those from Dodyngtone-Pygot to Tyd-gote and thence to Skegnesse By all which Commissions since 6 H. 6. power was given to the persons before-mentioned and their associates to act therein according to the Custome of Romeney Marsh as abovesaid In 4 E. 6. VVilliam Lord VVilloughby of Parham Sâ—r Edward Dymok and Sir Iohn Copeldyk Knights George S. Poll and others Commissioners of Sewers by a Decree made at Wrangle on the first day of September ordained that the Inhabitants of the Soke of Bullingbroke together with Sir VVilliam Brereton Knight the Lord of Dalby and the Kings Fermour of his fishing at Waynflete and all others drayning thereby should clense scour and dyke the Haven of Waynfleâ—e from the AE end unto the Sea in bredth xxij foot at the top and in the bottome xiij And in depth from the Chanel downwards three foot to be done before the Feast of S. Peter ad Vincula then next following And that a sufficient Gote or Clow set up at the outer end of the same Haven for stopping of the salt water out of the North part thereof should be made there at the costs of the Inhabitants of the said Soke the Lord of Dalby and the Kings Fermours of his fishing there And moreover that an old Gote anâ— Dreyner called Symond's gote extending in length from the deep of the East Fen unto the Fen bank and from that Fen bank to the Sea which was then decayed for lack of scouriug should be sufficiently clensed So likewise the Dyke and Sewer extending from the Deep of the Fen unto the Fen bank Also that there should be two Gotes made of the said Drayner and Sewer the one at the Fen bank and the other at the out end of the Sea at the costs of the Inhabitants of the said Soke and the Inhabitants of such towns and the Landlords therein who had before that time been chardged betwixt the Fen bank and the deep of the said Fen and all to be done before Martinmasse then next ensuing And farther than this wherein I have given instance I shall not descend to any more particulars till the time of Queen Elizabeth that Thomas Quadring Hamond Upton Thomas Marsyngberd and others then Commissioners of Sewers sate at Partenay on the 22th day of Iuly in 2 of her reign for the setling of all things touching the repair of the Banks and Ditches in this Provicne before whom the Jurors then presented that there was one Sea-bank new made in Skegnes to begin at a place called Ranson hyrne and to be xl falls in length from the North end of the said Ranson hyrne towards the South and so to be joyned and closed unto the old bank which said Sea-bank to be fifty foot in the skirt fourteen foot broad on the top and xij foot in height and to be made by the Land-holders in Skegnes aforesaid And they likewise at that time presented that the old Sea-bank ought then to be repaired for it's better withstanding the rage of the Sea Also that another new Sea-bank should be new made within the limits of Skegnes aforesaid from one slaver there wâ—ich goeth up the lands late belonging to Charls Duke of Suffolke unto the South end of the Gild Hall which new bank to be xx falls in length and to stretch from the said Gild-Hall to the old Bank and be made by the said Land-holders Likewise that the old Sea bank in Skegnes called the Haven bank should be repaired where defect was Also that Wainflet haven being defective for want of scouring from the Crosse at the Eyes end into the Sea that being a necessary drayn for the Soke of Bullingbroke and heretofore diked and scoured by the Inhabitants thereof and to be done before the Feast of S. Iohn Baptist next following Moreover that a place there called Guddyke which leadeth from the Eyes end to the Fen be also scoured viz. two parts thereof by the said Queen or her Fermour for the fishing there and the third by the Lord of Dalby as had been accustomed And that a new Gote or Clow be set in Waynflet haven within ten falls of Thorpe and Waynflet Sea-gote and a Bank on the South side of the said Haven from the said new Gote unto the .......... and that the Inhabitants of the seven towns in Holland should be at the chardge of setting up the said new Gote in respect of their benefit of common in the East and VVest fenns Also that the Bank to be then made between the new Gote and Thorpe be done viz. three parts thereof at the chardges of Hamond Upton Esquire one of the Commissioners above-mentioned and the fourth at the chardges of Iohn Whiting Rob. Whiting and the bank on the South side of the Haven to be don by the Soke of Bullingbroke Likewise that a new Gote be set at the Fen Dyke bank to take in fresh water by it to be done by the Inhabitants of Waynflete S. Mary And another Gote called Dayles gote and another to be set fourscore falls beneath the old Sea Gote both to be done by the Land-holders in Waynflet S. Mary aforesaid And that a new Cryke of xxx foot wide and six foot deep be made from the said new Gote unto the old Gote and beneath the said new Gote another new Cryke made from the said new Gote unto the old Cryke to be done by the Lords and Land-holders in Waynflet S. Mary and on either side the said Cryke a sufficient Sea-Bank to keep out the flouds of water And they also presented that one petty Gote should be made in Crosse gate against nine Acres of Mr Dyghtons and another in Westgate against Thomas Harrysons Acre as also a spout in Hall gate another in Somergate and another in Acregate Likewise that a spout be made in Waynflete All Saints over the gate on the North side of Burflet at the chardge of the holders of the Lands which did drayn it And that another
out both in this King's time and K. Edward the second 's viz. in 35 E. 1. to William de Carleton Will. Houward Giles de Mounpinson and Iohn le Bretun In 1. E. 2. to the same Will. Howard Iohn le Bretun and Thomas de Ingoldethorp In 2 E. 2. to Henry de Staunton Iohn le Bretoun Richard de Walsingham and Thomas de Ingoldesthorpe In 6 E. 2. to Iohn de Thorpe Richard de Walsyngham and Thomas de Snyterton for the view of all the Banks Ditches Sewers c. in the Hundreds of Frethebrigge and Clackelose In 10 E. 2 to Iohn de Milford Robert de Maddingle William de Corton and Simon de B ....... for those in the same Hundreds In 15 E. 2. upon a Session of Sewers held at Tirington by Sir Thomas de Ingaldesthorpe Iohn Fytton Iohn de Hotoft and Will. Bataile the Jurors presented upon Oath that the Causey of Watlington called East wrodiche extending from Burfenne to Polberdiche and another Causey in the same Town called Polberdiche reaching from East wrodiche to the Eebrynke of Wigenhale ought to be raised in every low place so as it might be made equal with the highest and to be six foot in bredth throughout at the top And likewise that the Eebrinke at the River of Wigenhale ought to be raised in every place from Pulberdiche to Gerys dam so as it might be full two foot higher than the highest Water-mark which was in the thirteenth year of the said King Edward the second 's reign and to be ten foot broad at the top And that the Causey of Watlington called Gerys dam be raised to the same Levell as it then was in the highest place and to be xvi foot in bredth at the top And they said that the Sewer in the Cornfen of Watlington lying betwixt the Lands of William Chaplein and Iohn Saunfoly on the North part extending it self from the Meadow gate to the Broad beche ought to be scoured and a Bridge of three foot in bredth and as much in height made over the same in the way of Broad beche so that the water might run under the same without the South side of the Beche into the Hending Westward untill it should come to Will. fitz Thomas there divert the water through the midst of the narrow Beche to Skindeslediche then to run in that Ditch unto the Kings High way there a Gutter to be made 3 foot broad 3 foot high through the midst of the Kings high way and so to run in the Ditch betwixt the land of Roger Hestings and Maud Skindwell till it come to the Eebrynke in which place there ought to be a Gutter made three foot in bredth and as much in height through the midst of the said Eebrynke through which the water might passe to UUigenhale And that the said Sewer be clensed throughout so that it might contain eight foot in bredth And they said that the Gutter called Iuresgole and Goseygole with the Gutter running through the midst of the Kings High way opposite to the other ought to be enlarged each of them to the bredth of one foot and as much in height And that the Sewer extending it self from the Kings High way to the before-specified Gutters called Iuresgole and Goseygole ought to be scoured and enlarged to the bredth of six foot And for the repair and enlarging of those Causeys and Sewers that land should be purchased in some placesâ— every acre so imployed to be estimated at 5 Marks And they said that all the before-mentioned Causeys togeâ—her with the Eebrynke and Sewers aforesaid with the Bridges and Gutters ought to be made repaired inlarged and clensed as often as need required at the chardge of those which held Lands or Tenements in the said Cornfen of Walington betwixt the same Causeys or elswhere each man to be assessed according to the proportion of what he held and according to the benefit and safeguard which he had thereby And that there were in the field of Cornfen betwixt those Causeys four hundred and fourscore Acres and one rode of land And they said moreover that the Sewer in the Cornfen of Watlington extending from Eastwrodiche unto Meadow gate betwixt the arable lands meadows Sewers on the West part of Meadow gate from Watlington Hall meadow Southwards unto the Dam and the Sewer from the Lake at the Thwarlbek towards the South betwixt the Flegester and the Common and Westwards toward the Meadow gate on the East side of the Meadow gate Northwards to the Meadow gates end And the Sewer on the East part of the Beche from Polberesdich Southwards to the Gutter passing through the midst of Thurlanegate betwixt the Beche and the Hedlondole And the Sewer from the Calkecotecroft Southwards betwixt the Reyndole and Thurlongpythils and Forkescroft to the Cheker And the Sewer from the Thurlongpightels Southwards betwixt Thurlongate and the Lake to the Dam. And the Sewer from the Gutter passing through the midst of Thurlongate Westwards to Wigenhale crofts betwixt the Dam and Dich furlong And the Sewer from the Dam to Wigenhale crofts and the Dich furlong the Beche Northwards to Skindelesdiche And the Sewer on the East part of the Kings High way from the Dam Northwards unto Polberdich ought to be clensed as often as need should require so that the water coming into those Sewers might passe without any impediment at the chardges of those persons which have lands abutting upon them And that every Sewer should be six foot in bredth And they said that the Causey in Newland and Watlington on the South part of Gerys Dam ought to be raised from the land of Robert atte Dam Eastwardâ— unto the meadow of Peter fitz Iohn And that the Causey froÌ„ Gerys dam to Geylode drove lying at the East had lands in the Newland ought to be raised in every low place as much as where it was then highest and to be six foot in bredth at the top And that the said Causeys ought to be made at the chardges of those which have lands in Newlond quilot according to each mans proportion and the Commodity and defence which they have by them And they said that the Gutter in Newlond through the midst of Ee brynke betwixt the lands of Will. Lucas and of Maude the Daughter of Iohn Geylode And the other Gutter lying betwixt the land of Will. de Clenchwarton and the land of Thomas the Son of Rich. atte Greene ought to be enlarged as aforesaid And another Gutter lying betwixt the land of Thomas Bennyng ought to be enlarged As also another Gutter lying betwixt the Messuage of Will. Seaman and the Messuage of Clarice the Widow of Henry And likewise another Gutter lying betwixt the land of Iohn Leff and Peter Heward And another lying betwixt the land of Will. fitz Thomas called Wadys and the land belonging to the heirs of Thomas Bond And another lying betwixt
And in 18 E. 2. to William la Zouche Iohn de Cantebrig Simon de Brim and Iohn de Hinton for those in this County alone Upon a Pleading in 40 E. 3. it was found by the Jurors that the Prior of Ely did obstruct the course of the water at Wilburgham magna in a certain place called Watholm dam so that it could not have it's current as it usually had insomuch as the Commons belonging to the Town of Fulbourne were overflowed to the damage of the whole Country And in 12 H. 4. the Town of Harlton being questioned for diverting the current of the water betwixt Harlton and Haselingfeld to the damage of the whole Country could not deny the charge and therefore was amerc'd Raphe Bateman being then Lord of that Mannour In 14 H. 6. William Godrede Thomas Fulthorpe Sir Iohn Colvyle Sir Henry Rocheforth and Sir Robert Hakebeche Kts William Yelverton Thomas Dereham Iohn Iakys Thomas Reynold and Iohn Tylney were constituted Commissioners for the view and repair of the Banks Sewers and Ditches throughout this whole County only and to make Statutes and Ordinances for the same according to the Laws and Customes of Runmey marsh On the West side of this County and at the outmost skirt thereof lyeth Wittlesey mere the greatest Lake in all these parts and consequently the more worthy of note I shall therefore cloze up what I have farther to say of this Shire with that particular description of it which I find in the Register of Peterborough In Septentrionali parte stagni c. On the North side of this Lake there is a water called Merelade issuing out of the River of Neene where the Northern bounds thereof are This with the Fens thereto belonging hath at the end thereof a certain Fishing called Eddâ—rmuthe Upon the East part thereof are two other Meres called Wellepole and Trendelmere betwixt which is a narrow stream containing two furlongs in length called Trendelmere beche having in it two Fishings And there is likewise another narrow water there of one mile long which is called Falet having in it one Fishing In that part thereof betwixt Wytlesmere and Kynkesdelf where the Eastern boundary thereof is the bredth of the Meer containeth three miles having in it a narrow stream called Derescuf and a Wood named Rageholt On the South part thereof also there is another slender stream of three furlongs in length called Selfremerebeche having in it two Fishings at the end whereof is a Lake named Selfremere having on the South side thereof a narrow water of half a mile long called Ubbemere lade at the head whereof is likewise another Fishing And about the middle thereof there is a place in the Fen called Alwynesbarwe and there is the Southern boundary thereof Moreover on the West side of this Lake there is also a narrow stream containing two furlongs in length named Trendemere beche which hath one Fishing in it at the end whereof is the Meer called West Trendemere On that side there are also these waters viz. Drelgmere Wellepole Withibuscemere Langemere Kinninges and Musklemere There is likewise on that side another narrow water of one mile in length extending to Oppebeche and hath in it one Fishing at the end of which water is the Western limits of the Fens and all the waters pertaining to Witlesmere About two miles distant from the North East side of the before-specified Meer there is a memorable Chanel cut through the body of the Fen extending it self from neer Ramsey to Peterborough and is called King's delph The common tradition is that King Canutus or his Queen being in some perill in their passage from Ramsey to Peterborough by reason of the boysterousnesse of the Waves upon Witlesey mere caused this Ditch to be first made and therewith do some of our Historians agree who say thus Anno Domini Mxxxiiii Cnuto Rex potentissimus viam in marisco inter Ramsey Burgum quod King's delph dicitur ut periculum magnorum stagnorum vitaretur eruderavit But how to reconcile this testimony to what I meet with above threescore years before I well know not which is that King Edgar confirming to the Monks of Peterborough before-mentioned the fourth part of UUitlesmere with all the waters Fishings and Fens thereto belonging bounds it to these limits viz. quorum Septentrionalis est ubi primùm intrat Mere lode de ampne Nen orientaliter ad King's delph Australiter ad Adewinesbarue c id est whereof the North side is where Mere lode first enters thereinto from the River Nen Eastward to King's delph and Southward to Aldewynesbarue c. But the largest and most notable is that fair Chanel made from Stanground steafe below Peterborough to Guyhirne neer UUisebeche of xl foot in bredth by Iohn Moreton Bishop of Ely in King Henry the seventh's days and still called Moreton's Leame or the New Leame a work certainly of singular consequence not only for the quicker evacuation of the overflowings of Nene but for conveniency of Carriage from Peterborough to UUisebeche which will remain a lasting memorial to that worthy Bishop CHAP. LI. SOuth-west from Cambridgshire lieth the County of Huntendon into which a skirt likewise of this great Level extendeth at the entrance whereof I meet first with Ramsey compassed with Fens on all parts excepting towards the South-west and containing about ...... Acres wherein for the like respect as in Ely Crouland and Thorney by others Ailwin a neer Kinsman to King Edgar and who is stiled by our Historians totius Angliae Aldermannus id est Chief Iustice of England did found an eminent Monastery for Monkes of S. Benedict's Rule almost an hundred years before the Norman Conquest Touching the situation of this Isle for so it was antiently called let us hear what the Register of that Abby saith Quum igitur in orientali angulo territorii Huntedonensis c. Forasmuch therefore as this place situate in the Eastern corner of Huntendoushire where the Chanel of the River Ouse restraineth the bounds of the Fens is for its bigness the fairest of the fenny Islands and which many have endeavoured to extoll so that it needeth not our commendation nevertheless we will not wholy leave it untoucht On the West side for on all other there is no access to it by reason of the Fens it is severed from the firm land with certain deep and boggy Quagmires in bredth about two Bow shot insomuch as in times past the access unto it was by navigable Vessells brought thither through a slow stream with gentle windes but now by much labour and no small cost there is with Wood Stones and Gravel a firm Causey made so that people may come to it on foot In length this Island doth extend almost unto two miles but in bredth not so much being environed with Alders Reedes green Canes and Bulrushes which do beautify it exceedingly and before it became inhabited was full
said course of that water when need required to make their Ordinances and Laws for preservation of the said Marshes so that alwayes on both parts of that Water-course they should abide by the Ordinances and considerations of the said Iurats as to the prejudice or more safeguard of any mans land notwithstanding any custome whatsoever Saving alwayes the tenour of the King's Charter granted to the Commonality of Romney Marsh and the Ordinance of Henry de Bathe ever to remain in full power and strength Not long after this there hapned certain differences beâ—wixt the Master of the Hospital called God's house in Dover and certain of his Tenants within the Mannours of Hunychilde and Estbrigge in Romenale marsh touching some Banks and Water-gangs upon the Sea coast which the said Master alledged that his said Tenants for the antient demesnes belonging to him in those Mannours as often as need required should at their proper costs repair and maintain against the violence of the Sea and inundations of the Fresh waters For the hearing and determining of which controversies according to the Law and Custome of the said Marsh Iohn de Lovet Robert de Septvaus Master Thomas de Gudinton and Henry de Appletrefeld were by the King assigned Whereupon the parties so at difference weighing all circumstances touching the same put themselves upon the Inquisition of the Country But the taking thereof in regard that the said Master refused that any persons residing in the said Marsh should be admitted thereof and the said Tenants not being content with any Foreiners was delaid to the great damage of those parts as by complaint the King was informed To put therefore a speedy end to the businesse the said King by his Letters Patents dated at Tydeswell xxiiij Sept. constituted Stephan de Pencestre then Constable of Dover-Castle Henry de Appletrefeld and Bertram de Tancrey his Justices for to make farther enquiry thereof But what was done therein I have not seen About four years afterwards the said King Edward the first taking great care for the defence and preservation of this Marsh by his Letters patents bearing date at Westminster xx April in the xviijth year of his reign wherein he hath this observable expression viz. quod cum nos ratione dignitatis regiae per juramentum astricti sumus ad providendum salvationi Regni nostri circumquaque i. e. in respect of his royal dignity and that he was obliged by Oath to provide for the safeguard of his Kingdome round about assigned H. de Apeldrefeld and Bertram de Tancrey to oversee the Banks and Ditches upon the Sea coasts and parts adjacent in the County of Kent which by reason of the roughnesse of the Sea were in many places broken and to enquire through whose default that damage had hapned As also of all those that held lands and tenements in those parts and had or might have safeguard and defence any manner of way by the said Banks and Ditches and to distrain them for the quantity of their said Lands or number of Acres or Carucates according to the portion that they held together with the Bayliffs of Liberties and others of those parts for the repair of the said Banks and Ditches in necessary places as often and where there should be need so that no Land-holder rich or poor of what estate dignity or condition soever he was in case he had defence and preservation any manner of way by the same Banks of Ditches were he within Liberties or without should have favour in any kind Commanding them moreover that in the execution of that businesse they should behave themselves with such fidelity and discretion that aswell the Inhabitants of those places as their lands might be preserved from the like perils and casually worse any Custome through favour by whomsoever it had been introduced notwithstanding And what they should do and ordain therein to certifie the said King thereof under their Seals and the Seals of xxiiij aswell Knights as other honest and lawful men distinctly and plainly And for their better accomplishment of that businesse directed his Precept to the Shireeve of Kent appointing him that at certain dayes and places of which he was to give them notice he should cause to come before the same King's Justices such and so many honest and lawful men of his Bayliwick by whom the truth in the premisses might be the better known and enquired into By virtue also of which Mandate the said Shireeve had command to bring before the said Justices at that time the xxiiij Jurats of Romene Marsh and all the Lords of the Towns therein and such and so many honest and lawful men of all of the maritime parts in his Bayliwick by whom the truth in the premisses might likewise be the better known and enquired of and to do farther what should be ordained in the premisses Which Commissioners came accordingly as also the said xxiiij Jurats together with the Commonality of this Marsh and alleged that K. Henry the Father of the said King Edward by his Charter granted to them certain Liberties in their Lands within the same Marsh and required that those their Liberties might be preserved and nothing accepted or ordained in prejudice of them producing the Charter of the said King Henry in which was recorded the Ordinance of Henry de Bathe And farther declared their approbation of the said Ordinance with the additions thereto in such manner and form as they had before done in the xvith year of this King's reign before Iohn de Lovetot and the said Henry de Apeldrefeld then the Kings Justices as I have at large already shewed whereunto for avoiding repetition I refer my Reader Adding moreover by common agreement to those wholsome Ordinances these ensuing Constitutions viz. 1. That through all other maritime places in the said County lyable to the danger of the Sea the River of Thames or any other water wherein the Marsh Law had not formerly been established and used and that divers perils through defect of Banks and Water-gangs had there hapned Lest therefore for the future the like or worse might accrue 2. That in every Hundred and Town aswell by the Sea coast as bordering on the Thames and other waters in which the Marsh lands are subject to inundation there be chosen and sworn xij or six lawful men according to the largeness of the Hundreds or Towns who have lands in danger of the Sea the Thames other waters Which men to be assigned keepers of the Banks and Water-gangs in the Hundreds Towns aforesaid who upon their Oath shall keep safe the saidâ— Banks and Water-gangs and when and as often as need requireth repair them As also shall in respect of the raging of the Sea raise the said Banks higher by four foot at the least than formerly they were and make them of thickness answerable to that height 3. For the reparation of which Banks and Water-gangs when need
at More and other his Complices having confederated themselves together by false contrivance to constitute another Bayliff there in favour to his friends and to lay load unjustly upon others contrary to the before-specified Ordinance did so terrifie the said Iohn by grievous threats and otherwise hinder him that he neither would or durst take upon him that Office according to the said Ordinance So that by reason of the said Bayliffs default all the before-specified Marsh being dayly lyable to be overflown was in danger to be destroyed without speedy remedy were had The said King therefore taking this complaint into mature consideration for prevention of that imminent mischief granted his Royal Commission bearing date at Westminster 17º Febr. in the same thirty fifth year of his reign to Thomas de Lodelowe Robert Belknap and Thomas Colepepir appointing them or any three or two of them aswell to oversee the said Banks Gutters c. and cause them to be repaired as to take a view of the said Ordinances And in case they should find them any way defective as to the defence of the said Marsh against those inundations then to correct and amend them and if need were to make a new Ordinance to direct how the same Marsh might be better defended and preserved against the said waters upon any chance that should thenceforth happen And to decree certain strict punishments against all such as should transgresse the said Ordinances so to be made by them the said Thomas Robert and Thomas or any two of them And moreover to cause Proclamation to be made all about in those parts for the perpetual observance of them And likewise to do all other things for the safeguard and defence of the said Marsh in exclusion and evacuation of those waters as should be necessary and fit And lastly to enquire by the Oaths of honest and lawful men of that Country of all the confederacies and practices before specified as also of such trespasses and contempts as had been made against the said King by the before-mentioned Matthew and his Complices By virtue of which Precept the said Thomas Robert and Thomas being met at Crowethorne the Monday next after the Feast of the Translation of S. Thomas the martyr in the year abovesaidâ— by the consent of the Lords of the Towns the Bayliff xxiiij Jurats and Commonality of the said Marsh viz. by Iohn Franceis Attorney to Simon Archbishop of Canterbury â— the Abbot of S. Augustines in Canterbury the Prior of Christs-Church in Canterbury Simon Master of Gods-House in Dovor Edmund Staplegate Lord of Nether-Bilsyngton and other Lords to this purpose specially elected with certain also of the Commonality scil William de Echyngham Stephan de Valeyns c. chosen likewise for the said Commonality did ordain and appoint 1. that the common Bayliff of the said Marsh who hath lands and residence therein should be elected by the publick consent of the Lords of the Towns of the same Marsh or their special Attornies And where the greater number consenteth the câ—oice to stand Which election to be made at Demecherche or Newecherche or some other fit place within the compasse of the said Marsh in the xv me of S. Michael yearly upon summons of the before-specified Bayliff except upon necessity and reasonable cause the said Bayliff ought to be removed within that year and another put in his place 2. And if the person so elected shall be present and refuse to undergo the said Office that he be forthwith amerc'd in xls. to be levyed by the succeeding Bayliff upon his Goods and Catals for the common benefit of the said Marsh And so forthwith a new choice to be made of another Bayliff who will undergo the Office and take his Oath and receive for his Fee the double of all the money assessed upon any whomsoever for their negligence And if the person so elected shall be hereafter hindered by any man so that he dare not undergo the Office that then the parties so hindering him to be severally punished by the said Electors in such sort as the said Bayliff should have been punished if he had refused to take his Oath and to bear the same Office 3. And if iâ— happen that he that shall so be chosen be absent at the time of election all his Goods and Catals to be forthwith distrained by the preceding Bayliff of the Marsh and impounded in fit and wanted places and there detained until he shall repair to the Arch-bishop of Canterbury Abbot of S. Augustines and Prior of Christs-Church for the time being or to one of them and admit of the said Office and take his Oath and thereupon carry to the preceding Bayliff his Letters sealed And this he shall do within six dayes next after the election made and if he do not then to be punished as aforesaid and a new election to be presently made 4. At which principal Last if the said common Collectors of all the former general Taxes will be present they shall make their accompt to the Bayliff xxiiij Iurats and Commonalty of the said Marsh Which accompt to be written by Indentures made betwixt them and the Bayliff xxiiij Iurats and Commonalty of the said Marsh. And after the same manner shall the Bayliff make his accompt of those things which belong to him to reckon for And if any of the xxiiij Iurats do make default in the said principal Last except he have a reasonable excuse he shall be amerc'd in xii d to be levyed by the Bayliff to the use of the Commonalty 5. And if it happen that any of the xxiiij Iurats do depart within the year or ought to be removed that then another be made choice of in his place and put in the said principal Last by the Lords of the Fees Bayliff xxiiij Iurats and Commonalty of the most faithful discreet and wealthy men of the said Marsh to the number of xxiiij compleat 6. In like sort it shall be done touching the Collectors and Expenditors so that they be not chosen out of the said xxiiij Iurats if the said Lords will be there And if the said xxiiij Iurats Collectors or Expenditors shall be chosen and will not take his Oath he shall be amerc'd in xxs. to be levyed as aforesaid and forthwith another chosen in his place and receive the chardge 7. And if the before-specified xxiiij Iurats shall be summoned wheresoever within the precinct of the said Marsh to the common or several Last where no more than eight or ten at the most do come by reason whereof there can be no Iudgement and Decree made for the safeguard of the said Marsh considering the absence of the greater number that then every absent person shall be â—merced by the Bayliff in vi d to be levyed as aforesaid whereof the said Bayliff shall make accompt in the principal Last 8. Also
â—is Commission bearing date at Chauâ—one the 18th of Febr. unto Stephan de Pencestre and William de Echingham to make enquiry in the Premisses and to make redresse of such injury as they should find to have been done therein And in 27 E. 1. the Sea-banks in this County being grown to decay in divers places Robert de Septvaâ—s and William Mause were constituted the King's Justices to take view of them and to take order for their speedy repair In 2 E. 2. William de Walleins and others being constituted Commissioners for the viewing of the Banks and Water-gangs in this County sate at Newcherche upon the Monday next following the Feast of S. Mildrede the Virgin in the said year where by the common assent of the Lords of the Marshes of Lyde and Oxney and the appointment of the King it was ordained that thenceforth the said King's common Bayliff in Romeney Marsh should oversee the Bayliffs and Jurats of the said Lyde and Oxney and when necessity should require to summon them together with the xxiiij Jurats of Romeney Marsh to fit places to consult of Ordinances and making Laws for the defence of the Lands in the said Marshes so that they should alwayes abide by the Determinations and Customes of the said Jurats for the lesse losse and more safeguard of their Lands notwithstanding any Custome to the contrary Saving alwayes the tenor of the King's Charter granted to the Commonalty of the said Marsh and likewise the Ordinances of Sir Henry de Bathe as also of Iohn de Lovetot and his associates for to remain in their full power In the same year Henry de Cobham Junior Iohn Malemeyns and William de Bernefeld were appointed by the King to take view of the Banks Sewers c. in East-Kent So likewise were Waresâ—o de Valeynes Iohn Malmeynes and Henry de Worhope assigned to make enquiry of the Banks Ditches c. in the Marshes of Meyhamme and Gatesdenne upon the Sea coast betwixt Smallyde and Meyhame then wanting repair through the default of Raphe de Thordonne Scoland de Forshamme Thomas Fitz Hubert of Hechyndenne and Walter de Marcleshamme â— who held lands in those Marshes In 6 E. 2. the Jury for the Hundred of Cornylo exhibited a Presentment unto Hervic de Stantone and his fellow Justices Itinerants sitting at Canterbury in the Octaves of S. Iohn Bapt. importing that the Prior of Christs-Church in Canterbury did about ten years then past divert the course of a certain water called Gestling in which such Felons as were condemned to death within the before-specified Hundred ought to suffer judgement by drowning so that by this turning of that stream those condemned persons could not there be drowned as formerly and that this was to the prejudice of the King c. And they likewise presented that the said Prior about two years then past raised a certain Trench of four foot by which the same water of Gestling coming from the upper part of that Country had wont to passe unto the Sea and wherein the King had used to have fishing worth Cs. by the year And that by the said diversion the King not only lost the profit of his fishing but a thousand and five hundred Acres of Land were thereby drowned to the great damage of the said King and all the Country thereabouts The Shireeve therefore had command to summon the said Prior c. Who appearing and the said Jury taking the premisses into farther consideration said upon their Oaths that as to the Fishing the said Prior and Covent had antiently a certain mill in a place called Lydene which Mill being burnt in the time of warr there was no other there built till that the Prior then living about ...... years past erected a new one And they said that after the building thereof the said Prior raised a certain Gutter four foot high which had there been made in former time for conveyance of the water from the upper parts of the Country And they said likewise that without the said Gutter there then was a certain Fishing which the Kings Officers belonging to Dover Castle it being within the liberties thereof sold sometimes for 30s. per annum sometimes for 20s. and sometimes for lesse And that the course of the said water which passed through the before-specified Gutter passed to that place wherein those condemned persons had wont to be drowned and their bodies carryed to the Sea And they moreover said that after the same Gutter was so raised the water so descending from the upper parts before-mentioned could not passe through it whereby not only the said fishing became totally lost but the drowned bodies could not be conveyed to the Sea by that Stream as formerly and all this by reason that the water had not it's passage there as usually and that the ground without the Gutter so increased and grew higher that the stream could not have it's course there And the said Jury being asked how long that Gutter had been so raised they answered for four years onlyâ— And what the said fishing was yearly worth they replyed one Mark The Shireeve thereof had command that he should cause the said Gutter to be put into the same condition as it was before and that the earth without the Gutter so raised should be thrown down again at the chardge of the said Prior c. so that the course of the before-mentioned water might run as it formerly did and the said Prior was amerced About two years afterwards viz. in 8 E. 2. Will. de Basinges Will. de Swantone and Will. de Leteriche were constituted Commissioners to oversee the Banks Ditches c. in the Marshes of Romenale and Oxene in this County and to take order for their repair So also in 9 E. 2. was Robert de Kendale then Constable of Dovor Castle Iohn Malmeyns of Hoo and Will. de Cotes for those in East-Kent The like Commission had Iohn de Ifelde Will. de Cotes Stephan de la Dene and Will. Lotriche in 10 E. 2. As also the said Robert de Kendale Nich. Kyriell Iohn Malemeyns of Hoo and William de Cotes In 11º E. 2. Thomas de Sandwiche Will. de Cotes Will. de Derby and Thomas de Poveyn were specially appointed to view the Banks Ditches c. in the Marsh of Chistelet lying also in East-Kent and to cause the defects therein amended The next year following Edmund de Passele Will. de Dene and Iohn de Ifeld were assigned to take the like view c. for those Banks and Ditches lying neer Newendene and Rolvyndene In 14 E. 2. Iohn Abell and Robert de Shirlond for those on the Banks of Medway neer to Reynham and the parts adjacent which had received much decay by the fresh waters And in 16 E. 2. the before-specified Edm. de Passele Iohn de Ifeld and Stephan de la Dane again for those
half of all the said grounds so to be inned according to the purport and true meaning of the said recited Indenture the other moytie to belong to the owners of the said Marsh grounds according to the several proportion of their quantities which they then had in those grounds to be holden of Edmund Cooke Esquire his heirs and assigns as of his Mannoâ—r of Lesnes and Fants in free Socage by fealty and one penny Rent for every Acre and not in chief nor by Knights service And that in consideration of the great chardge of this work the said inned Marshes to be dischardged from all Tithes and Tenths whatsoever for and during the term of seven years next after the inning winning and fencing of the same CAP. XIV AND now though by what hath yet been instanced touching the improvements made by Banking and Drayning upon the Verge of this River the first Commissions which I have vouched bear not date above three hundred and fifty years since yet do I make no question but that this good Husbandry was far more antient for notwithstanding the like Commissions for the defence and safeguard of the other Marshes situate higher upon this stream whereof I shall give instance by and by are not much elder it will by great circumstances be evident that some of these Banks are not of lesse antiquity than the time of the Romans here in Britaine otherwise how could that antient Borough of Suthwarke have been built the ground whereon it stands being at first naturally flat and low and within the power of the usual tides as the adjoyning Marshes still would be were not they defended by the like Banks though now by reason of the vast buildings there which do stand upon artificial ground it being in the nature of a Suburb to that great and antient City of London there be little notice taken that it hath been so raised where besides divers Roman coynes that are still frequently digg'd up I my self in the year 1658 saw in those fields on the backside of Winchâ—ster house called Suthwark Parkâ— upon the sinking of divers Cellers for some new buildings at about two foot below the present levell of the ground a Roman pavement made of Bricks not above an inch and an half square and adjoyning to it a more curious piece of the like small bricks in length about ten foot and in bredth five wrought in various colours and in the midst thereof betwixt certain borders in the fashion of wreathed columns the form of a Serpent very lively exprest in that kind of Mosaique work I now come to the Commissions The first whereof our publick Records do take notice is in 23 E. 1. which was directed to Iohn de Metingham and Will. de Carleton for the view and repair of the Banks c. betwixt Lambehethe and Grenewiche After this about three years through the neglect of those who ought to have maintained the Banks neer Retherhithe the breaches thereof were such as that a great part of those Marshes became drowned Whereupon the King committed the managing of their repair to his trusty and beloved Will Haward soon after one of the Justices of his Court of Common Pleas to whom he assigned a certain summ of mony for that purpose which not being sufficient for the accomplishment of the work though he the said William even beyond his abilities added thereto of his own purse the said King by the advice of his Counsail ordained that all those Lands which through the before-specified neglect were thus overflown and drowned should be seized into his own hands and committed to some such honest and trusty person as would be willing to take upon him the chardge of the said repair and new making of the said Bank to have and enjoy by an extent to be made thereof untill he should reimburse himself out of the profits of the said Lands to the full of whatsoever he might lay out upon that work In 2 E. 2. Iohn de Foxle Walter de Gloucestre with some others were assigned to take view of a certain breach of a Bank neer Bermundsey and to provide for the repair thereof In the same year it hapned that by reason of the said breach the Prior and Covent of Bermondsey received great losse by the drowning of certain grounds belonging to that House the King therefore at the request of Isabell his Queen granted this favour to the said Prior and Covent that nothing of the Corn Hay or any the Good or Catalls belonging to the said Priory should be taken to the use of the King or any other without the assent of them the said Prior and Covent The like breach also hapning in the Banks of the Marshes in Suthwarke which not long before pertained to the Knights Templars but then were in the King's hands he being advertised thereof directed his Precept bearing date at Barwick upon Twede 23º Maii 4 E. 2. unto William de Montalt at that time Guardian of those Lands commanding him that out of the profits of them he should cause them to be speedily repaired And in 9 E. 2. Richard de Repham and Edmund de Passele were constituted Commissioners for the view and repair of the Banks c. betwixt London bridge and the Mannour called Fauxes-Halle as also of a certain Bank in the Land of the Bishop of Winchester in Suthwerke which having been antiently made for the safeguard thereof was then ruinous and broken And likewise of certain Ditches whereby the fresh waters had formerly used to descend into the Thames which were then choak'd up And to distrain all such persons for the repait of the said Banks and Ditches who in respect of any lands that they held or otherwise were obliged thereto In 13 E. 2. upon an Inquisition taken before Iohn de Everdon and Geffrey de Hertelpole then the Kings Justices assigned to enquire of the defects in repair of those Banks which were situate betwixt London bridge and Grenewiche the Jury presented upon their Oaths that part of a Bank at Retherhethe containing thirteen perches in length was then broken and that Sir Iohn Latimer Knight in respect of a certain messuage that he had there was and had been chardged with the repair thereof time out of mind It was likewise presented that at a place there called Milnewardstrete there was a Gutter called Mouse goter so obstructed that the water which had used and ought to passe through it into the Thames was stopped and that one Richard le Chaundeler was obliged by right to clense and scowr the same by reason of his Lands there And moreover that there was another Gutter in the Land lately belonging to Richard de Dunle so stopped likewise the clensing whereof belonged to Agnes his widow then Tenant to the said Lands As also that there was another Gutter in the grounds whereof Richard de Ashwy had been lately possessed which Gutter being then likewise
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
said bank to take care of it's amendment In 34 H. 6. Sir Iohn Fortescu Knight then chief Justice of the Kings bench Iohn Fylolle Thomas Burgoyne Walter Grene Iohn Harpour Robert Tanfeld Will. Chadworth Thomas Cornwalys and Thomas Croxton were appointed Commissioners for the view and repair of the banks c. lying betwixt S. Katherines Mill before mentioned unto the Chapel called S. Marie Matfelone thence to the Church of S. Dunstans in Stepenhithe thence to the Church of S. Leonard in Bremley thence to the River of Leye thence to the Thames and so to the said Mill And to make Laws and Ordinances according to those of Romeney marsh The like Commission in 7 E. 4. had Thomas Abbot of Graces neer the Tower of London Thomas Urswyk Thomas Frowyk Esquire and others In 14 E. 4. Sir Thomas Urswyke Knight Iohn Elryngtone Thomas Frowyk Will. Essex and others were assigned to view and take order for the repair of all those banks c. lying betwixt the Tower of London and the Town of Stratford atte Bowe and to proceed therein by making Laws c. and otherwise according to the Laws and Customes of Romeney marsh In 20 E. 4. Thomas Bishop of London Edmund Abbot of Graces Will. Wirsley Dean of Pauls Sir Iohn Elryngton and Sir Thomas Frowyk Knights Richard Gardener and others had the like assignation for those betwixt the Town of Lymeostez and the wall called Black Wall So also in the same year had the said Thomas Edmund and William together with Henry Sharpe Dean of the free Chapel of S. Stephan within the Kings Palace at Westminster Iohn Harding Master of the Hospital of S. Thomas of Acon in the City of London Sir Iohn Elryngton Knight Sir Thomas Frowyk Knight Richard Gardner and others for all the banks upon the River of Thames and Leye betwixt the metes and bounds of the City of London and the bridge of Stratford atte Bowe on the North and West side of those Rivers and the Road-way which lyeth betwixt White Chapell parish and the Town of Stratford atte Bowe before-specified CAP. XVI Marshes in the Suburbs of LONDON AND that some places in the very Suburbs of the City of London it self have originally been Fenny and Moorish though now by no small industry and cost equalling the chiefest which were naturally otherwise is apparent from undoubted testimony Fitz Stephan who lived above five hundred years since speaking of that place now called Moore Fields saying thus Cum est congelata palus illa magna quae moenia urbis Aquilonalis alluit exeunt lusum super glaciem densae juvenum turmae c. When the great Fen which watereth the walls on the North side of the City is frozen multitudes of young people go to play upon the Ice Some taking a little room to run do set their feet a good distance and glide a great way Others sit upon thick pieces of Ice as big as Mill-stones and being drawn by many who hold hand in hand when the foot of one slippeth they all tumble down together But others more expert in sporting thereon fix bones under their heeles and taking a Pike-staff do shove themselves forward with so much force that they glide with no lesse swiftnesse than a Bird flyeth or an Arrow passeth out of a Bow This Fen saith Stow stretching from the wall of the City betwixt Bishops-gate and the Posterne called Cripple-gate to Finsbury and to Holy-well continued a waste and an unprofitable ground a long time so that the same was all letten for four Marks the year in the reign of King Edward the second But in the year MCCCCxv 3 H. 5. Thomas Fawconer Maior caused the wall to be broken towards the Moor and builded the Postern called Moore gate for ease of the Citizens to walk that way upon Causeys to Iseldâ—n and Hoxton Moreover he caused the Ditches of the City and other the Ditches from Shores-ditch to Deepe Ditch by Bethlem into the Moore ditch to be newly cast and clensed by means whereof the said Fen or Moor was greatly drained and dryed And in the year MDxij Roger Atchley Maior caused divers Dikes to be cast and made to drain the waters of the said Moore fields with bridges arched over them and the grounds about to be levelled whereby the said field was made somwhat more commodious but yet it stood ful of noysome waters Whereupon in the year MDxxvij Sir Thomas Seymour Maior caused divers Sluces to be made to convey the said waters over the Town ditch into the course of Walbrooke and so into the Thames and by these degrees was this Fen or Moore at length made main and hard ground which before being overgrown with Flaggs Sedges and Rushes served to no use Nor was the ground in Fleetstreete and thereabouts long since much better than a Marish for the same Author saith that in the year MDXCv he observed that when the Labourers had broken up the pavement against Chancery lane end up towards S. Dunstan's Church and had digged four foot deep they found another pavement of hard stone more sufficient than the first and therefore harder to be broken under which were in the made-ground piles of Timber driven very thick and almost close together the same being as black as cole and many of them rotten And now to manifest that not only the Law but the usual practice is where disobedience or neglect hath been found in those as be chardgable with the maintenance of any Banks or Sewers made for the common defence of such Marshes as are in danger of surrounding that coercion is to be exercised for the performance thereof I shall here exhibit the testimony of a Decree made in a Session of Sewers held at Ilford in Essex 19º Aprilis Aº 1639. which reciting an Ordinance made in the like Session at Ilford before-specified for raising the summ of seventeen hundred and six pounds for repairing a breach in the Banks or Marsh-wall of Bromley marsh in this County whereby ninety four Acres of land were surrounded and the neglect of certain persons therein named to pay their proportion thereof which were assessed upon them a Lease for xli years was made of several parcels of ground belonging to those so neglecting unto others at the Rent of one pepper corn yearly CAP. XVII HAving now done with the Marshes in Middlesex I come to those in Essex which Counties are divided by the River of Lye antiently called Luye Of this River it is memorable that the Danes in the year of Christ 894. and 23 of King Alfred's reign sayled up it with their Ships and built a Castle on the Bank thereof about xx miles from London Neer which the Londoners giving them battail and having the better of the day put them to flight so that they were constrained to flye to that Hold whereof the King having notice he caused this River to be cut into three branches to
the end that they might not get their ships back who discerning what was done left them and fled towards Severne That which is here called a Castle is supposed to be some Fort made at or neer Hartford situate upon the Bank of this River for before the tides were kept back at Stratford Bowe by a large Sasse there made to keep the levell above it from drowning no question but that they flowed above Ware and brought up small Vessels neer to Hartford there being betwixt Ware and Hartford a Hill which to this day beareth the name of Shipman's Hill and a tradition of the Country people that ships did in antient time lye at Anchor in that Valley The first mention wherewith I have met concerning the Marshes of Essex is in King Iohn's time Roger de Crammavill being then attached to shew cause why he did not stand to the determination made in the said King's Court by a Fine betwixt himself and the Prior of S. Iohns of Ierusalem touching the Banks Gutters and Ditches to be made in Renham marsh at which time the said Prior produced the before-mentioned Fine so made betwixt them which testified that the said Roger did then agree that he and his heirs would make and repair those Banks c. according to the proportion of his Land in that Marsh so that every Acre which the said Roger did possess should be taxed as those that belonged to the Prior. And the said Roger came and acknowleged the agreement and justified that he had fully made those Banks according to what belong'd to his Tenement and thereupon put himself upon the view of those who knew the Laws of the Marsh. Upon complaint made to the King in 8 E. 1. by the Abbot of Stratford that whereas he did use yearly to repair the Banks and Ditches of the Marshes of West-Hamme as often as need required for the preservation of his Lands and the Lands of his neighbours lying within those Marshes againts the over-flowings of the Rivers of Thames and Luye and that his said neighbours did neglect to do the like for what belong'd to them the said King directed his Precept to the Shireeve of Essex commanding him to distrain all those that were faulty therein to the end that the said Abbot might have contribution in that behalf In 15 E. 1. Iohn de Lovetot and Will. de Lamburne had Commission to view and repair the Banks and Ditches in this County upon the side of Thames and parts adjacent then in decay and to enquire through whose default they became so ruinous In 20 E. 1. the Abbot of Stratford made a new complaint to the King in the like manner as abovesaid Whereupon the said King required the Shireeve to distrain all those who were obliged to such repair of their Banks and Ditches and had not accordingly done their duty therein as also those who did refuse to contribute to the said Abbot according unto their due proportions In 31 E. 1. Walter le Baud Richard de Perneford and Iohn de Dovor were assigned to view and repair the Banks Ditches c. in this County and those at Wolwyche in Kent The like Commission had Iohn le Bretun and Will. de Wauton in 34 E. 1. for those in Essex only Several other of the same kind for this County only were in King Edward the second 's time viz. to H. Spigurnell Iohn de Dovor and Iohn de Malegraffe in 3 E. 2. To Walter le Baud Will. Fitz Robert and Iohn de Norton in 6 E. 2. To the same William Henry Gernet and Thomas Dakenham in 7 E. 2. To Will. de Hanyngfeld Iohn le Burser and Thomas de Ultyng in 8 E. 2. To Nich. Frembaud Henry Gernet Iohn de Davor and Richard Bastard in 9 E. 2. In 14 E. 2. Henry Grene Iohn de Dovere and Thomas de Chene had the like Commission for the view and repair of the Banks c. at Renham Benington and Alvitheley In 17 E. 2. Iohn de Doure Robert de Ashele and Nich. de Scotford the like for all the Marshes upon the Thames in this County So also had the said Iohn Iohn de Wydefeld and Walter de Hegham for the Banks c. betwixt Stretford atte Bough and Est-Tilbury and the parts adjacent In 18 E. 2. Iohn Boteler and Iohn de la Hay were appointed to view a certain Causey betwixt Maldon and Hebrugg under which through an arch the fresh waters had used to run into the Sea which waters were then stopt And likewise to view and repair the Banks c. in the Marshes of Esthamme in Essex and Wolwiche in Kent So also in 5 E. 3. had Robert de Rochford and Will. de Stanford for all the Banks c. within the Hundreds of Densey and Rochford In 10 E. 3. Henry Gernet and his fellow Justices assigned for the view and repair of the Banks c. on the Coast of Thames in this County sate at West Hamme on Wednesday being the Feast of S. Edmund the King where the Prioresse of Stratford made complaint before them that Will. de Masun Bayliff of the Marsh of Westhamme had distrained her for Cs. for the repair of a certain Bank called the Prior's Wall for she said that she neither had nor held any land nor ground in the said marsh for the which any wall ought by her to be repaired and therefore required judgement But she said that one Iohn de Covele long ago viz. in the time of King Henry the third held in the said Marsh as of the fee of Muntfichet which then belonged to Sir Iohn de Handlo fifty acres of land together with the said Bank then called Coveles Wall and a certain piece of Pasture called the Hope lying neer the said Bank without the precinct of the said Marsh viz. between the same Bank and the course of the River of Thames which land together with the said Bank of Hope were before that time ever assessed together for the repair of that Bank whensoever it stood in need And the said Iohn de Couele being so seized aliened the said Bank and Hope to Robert le Ku to hold to him and his heirs for the repairing and maintaining of the said Bank for ever the said Hope then being sufficient for the Pasturage of six Kine as it was reported And afterwards the said Iohn de Couele long before the Statute entituled Quia emptores terrarum sold the said Land by parcells to divers Tenants to hold to them and their heirs of him the said Iohn and his heirs for a certain yearly Rent and sute of Court to be thereupon performed And afterwards the said Iohn did wholly sell from himself and his heirs all the demesn of the before-specified Tenements together with the whole Rent and service which he had wont to receive of his said Tennants unto one Simon de
de Brumpton held xiij Acres thereof Walter le Rooke two Acres c. And being asked if the said Prioresse held any part of the said Marsh in demesne or not they answered that she did not excepting a certain Rent of xiiijs. which she received of her said Tenants in the same Marsh over and above the service due and accustomed unto Sir Iohn de Handlo chief Lord of the Fee And because it was found by the said Jurors that at such time as the said Iohn de Covele held those Tenements in that Marsh he then held them wholly chardged with the repair of the said bank c. And that though by the alienation which he made of the same Bank together with the said Hope he only chardged them with the repair of the said Bank as aforesaid by reason whereof forasmuch as the said Hope was then gone the same Bank lay so unrepaired and became dangerous of necessity and according to the assize of the said Marsh recourse ought to be to all the said Tenements formerly and of antient time as aforesaid chardged therewith and to lay a new chardge upon them for that repair therefore it was decreed that all the said Tenements which formerly did belong to the said Iohn de Covele within that Marsh to whose hands soever they had come should be retained and chardged for the future to the making repairing and maintaining thereof And that all and singular the Tenants of the said Lands for the time being as also all others who were to have any benefit of them should be assessed for the repair of whatsoever defects should afterwards happen in the said Bank as often as need required viz. every Tenant or person receiving such benefit according to the proportion of his holding for ever And that the said Prioresse should not thenceforth be distrained and compelled to any repair thereof or contribution thereto above the rate of her due proportion of what she held And that these and all other the Banks in this County might be the better preserved for the future several Commissions were frequently issued out to sundry persons of note in these parts viz. in 12 E. 3. to Iohn de Brianzon Henry Gernet Humfrey de Northwode Benedict de Ditton Will. de Tendring and Richard de Henham In 15 E. 3. to Will. de Wauton Henry Garnet Henry Darcy Will. de Treye Benedict de Ditton and William de Tendring In 19 E. 3. to Richard de Kelleshull Henry D'arcy Will. de Tey and Benedict de Ditton and in 24 E. 3. to Richard de Kelleshull Thomas Tirell Iohn de Bergholt and Iohn Samkyn of Berkyng In 26 E. 3. upon a sute touching the clensing of the River betwixt Haveryng and Reynham the Jurors found that the Prior of S. Iohns of Jerusalem ought to do one half thereof which was then choakt up to the midst of the stream towards the Land of the said Prior in Reynham only And that every Tenant on that side towards Haveryng should do the like for that towards their own Land In 27 E. 3. Iohn de Staunton Henry Darcy Thomas Yonge Iohn de Rokewode William de Rokeswelle Will. de Horneby and Iohn de Tendring were appointed to view and repair the Banks c. betwixt Berking and Est-Tilbury In 29 E. 3. upon several breaches in the Banks within the Hundred of Dansey through the violence of the tides Iohn de Coggeshale Iohn de Newport Simon de Ogremount and Iohn Gamen of Tyllingham were constituted Commissioners for their repair By which Commission to take so many labourers as should be needful for that businesse aswell of those as had been before imployed therein as others born within Liberties and without where they should see fit the Fee of the Church excepted and to settle them in the work as also to arrest and imprison all such as they should find refractory therein till the said King should think fit to dispose of them otherwise In 30 E. 3. Iohn de Haveryng Henry Darcy Thomas Yonge Iohn de Rokewode and others were assigned in like sort for those betwixt Berkyng and Est-Tilbury So also in 32 E. 3. were Iohn de Haveryng Iohn de Bolyngton and others In this 32 year of E. 3. it was by the Jurors at Stratford-Langthorne presented that the Tenants of Haveryng had suffered the Chanel betwixt the said Lordship of Haveryng and the Lordship of Reynham to be so stopped up as that the stream which ought to passe that way was so much hindred thereby that it almost drowned the Pastures of the Commonalty of Havering lying neer that Chanell to the great damage of the said Commonalty which Chanel every Tenant on Havering side ought to clense towards his own Land The Shireeve therefore was commanded to summon the said men of Haveryng to answer thereto Who appeared accordingly in the Kings bench at Westminster on the Octaves of S. Hillarie viz. the master of the House of Hornchirche Iohn atte Dâ—une c. And being required to say what they could for themselves why each of them ought not to repair and scour the said Chanel on Haveryng side towards their own Land as it was presented the said Master and the rest said that neither they nor any of their Predecessors or Ancestors Tenants of the lands aforesaid did ever scour or repair the same nor of right ought so to do and thereof they did put themrelves for tryall upon the Country And Simon de Kegworth then the Kings Attorney said that they the said men and Tenants ought to repair and clense the same Chanel as it was before presented and this he offered to prove on the said King's behalf by the Country Whereunto the said Tenants assenting the Jurors were brought and upon their Oaths said that the said Master and others ought of right to repair and clense the said Chanel towards Haveryng against their own land as it was before presented Therefore it was adjudged that they should be distrained so to do c. After this about two years the like Presentment was made against the Prior of the Hospital of S. Iohn of Ierusalem and Sir Iohn de Staunton Knight viz. that they had injuriously suffered the said River betwixt Haveryng and Reynham to be choakt up so that the course of the water which had wont to passe through that Chanel did by the said obstruction drown the Pastures of the Commonalty of Haveryng which lay neer the same River Which Iohn being dead after that presentment so made it was decreed that his heirs should be distrained But it being proved that his wife then held those his Lands and that she gainsaid not but that she was ready to clense the one moytie of the said Chanel to the mid stream on her own side and likewise that the Tenants of Havering ought to clense the other moytie on their side the said Prior was dismist In 36 E. 3. Sir Iohn
de Haveryng Knight Iohn de Cavendishe Iohn de Gildesburgh and others were made Commissioners for the repair of the Bâ—nks c. betwixt Berking and Eâ—t-Tilbury with direction to proceed therein according to the Laws and Customes of this Realm The next year following Sir Will. de Waâ—ton Knight Thomas Torell and Thomas Belhouse had the like Commission for the Banks at West-Thurrok So also in 43 E. 3. had Thomas de Lodelowe Hugh de Badewe Thomas Yonge Iohn Aâ—brey and Will. Naffeâ—ton for those at Est-Hamme West Hamme Berkyng The like in 44 E. 3. had Sr Hen. de Grey of Codnore Knight Sir Rob. de Marny Knight Iohn de Goldesburgh and others for those upon the water of Markediche and others upon the coast of Thames betwixt Berkyng and Est-Tyllebury aforesaid Other Commissions in the same Kings time were these viz. in 48 E. 3. to Robert Bealknap Iohn de Bampton and others for the Banks between Stratford atte Bowe and Est-Tilbury In 49 E. 3. to Sir Hugh de Badewe Knight Sir Iohn de Sutton Knight Sir Raphe de Poley Knight and others for those in Bradwell As also to the Abbot of Stratford Nich Carreu Iohn Aubrey and Roger Germeyn for those at Est-Hamme and West-Hamme with appointment to act therein according to the Law and Custome of this Realm And likewise to Nich Carreu Robert Bealknap Will. Tank and others for those in the Marsh of the Abbesse of Berkyng And moreover to the said Nicholas Robert Bealknap and Robert de Teye for several other Banks in divers Marshes within this County In 50 E. 3. to the Abbot of Stratford Nich. Carreu and Will. Halden for those from the Town of Stratford atte Bowe to Berkyng So also to Sir Will. de Wanton Knight Roger Mareschall Thomas de Belhous and Roger Germayn for those at West Thurrok In 51 E. 3. to Robert Bealknap Thomas Maundevill Rob. de Teyes â— and others for the Banks in several Marshes and places of this County And in 1 R. 2. to the Abbot of Stratford Nich. Carreu Will. de Halden Iohn Auberey Iohn Bampton William Rykhill and Roger Gremyn for those from Stratford aâ—te Bowe to Berkyng In 2 R. 2. Sir Henry de Grey of Wilton Sir Albred de Vere Sir Will. Berland Sir Will. Wauton Sir Iohn Symond Sir Iohn Chaneeux Knights Geffrey Darsham Rob. Rigdon and others had the like Commission for the view and repair of the Banks in sundry Marshes through this County which were then in decay and power to choose and take so many Carpenters with other Artificers and Labourers as should be needful for that work wheresoever they might be found in this County aswell within Liberties as without excepting the Fee of the Church and excepting such as were assigned for the said King's special service and to imploy them therein imprisoning such as they should find refractory The next year following Sir Will. de Wauton Knight Iohn de Middleton Roger Marescall Roger Germayn and Iohn Stody were in like sort assigned for those upon the coast of Thames and the Garden of Farndon unto the Church of West Thurrok So also in 4 R. 2. were the Abbot of Stratford Henry Asty and Laurence Allerthorpe for those at Esthamme and West-Hamme In 8 R. 2. the Abbot of Stratford Nich. Brembre Maior of the City of London Robert Bealknap Nich. Carreu Will. Rykehill Richard Ryall and Roger Germyn were appointed as aforesaid for the view and repair of the Banks from Stratford atte Bowe to Berkyng So also were Rob. Bealknap Will. Wauton Iohn Guldesburgh and others for those in the Marshes of Barking and Dakenham and to act therein according to the Law and Custome of the Marshes before that time exercised in those parts And in 15 R. 2. Iohn Radyngton Prior of the Hospital of S. Iohns of Ierusalem in England Sir Iohn Deyncourt Knight Will. de Horbury Clerk Thomas Newenton and others had the like appointment for those betwixt Reynham and Alvytheley and to act as aforesaid But though by the great care which the Kings of this Realm had for the preserving of divers coasts from inundation that lay thus in danger of the tides and the safeguard of those as had by great iudustry been won from the overflowing of the Sea much advantage did accrue to the Common wealth yet such hath been the violence and irresistable force of that element being agitated by high and boysterous winds that notwithstanding the utmost endeavours that could be used for prevention thereof it sometimes wasted and consumed much in other places of which sundry examples might be given were it requisite but I shall only instance in one viz. of the Lands and Marshes belonging to the Abby of S. Osithes in this County whereof I find mention in a Petition exhibited unto Robert de Braybroke Bishop of London in the time of King Richard 2d. and to the Dean and Chapter of that Church by Sir Albred de Vere Knight who thereby sheweth that whereas that Monastery was situate neer the Sea coast and had in it an Abbot and twenty Canons of the Order of S. Augustine serving God there devoutly every day and that the revenues thereof were through various mishaps without their default so diminished that a great part of their sustenance was abated viz. in Southflete C Acres of their arable land by the overflowing of the Sea totally drowned As also there and at their Beckarie of Coketwyk in one Pasture wherein at sometimes a C Kine and a thousand Ew-sheep might be kept through the breach of the banks ' and inundation thereof then scarce Lxx Kine and eight hundred Ewes could be maintained And moreover that two Marshes called Wyggebergh mers and Holewyke mersh in which six hundred Muttons might be yearly kept were then through the continual tides dayly overflown that scarce four hundred could be maintained And that the Water-Mill situate in the Town of S. Osiths and belonging to that Abby which had been worth xxl. was by the Sea-tides so spoiled that it could not be repaired under an hundred pound chardge And lastly that the Marsh walls in that Town in length three miles which included a Pasture for Lxx Kine and a thousand Muttons and Ewes were so torn and broken at that time that for the preserving of the same there must be other banks made anew and those old ones quitted so that a great proportion of the said Pasturage being for that respect to be left out scarce fifty Kine and six hundred sheep could be there maintained In consideration therefore of these losses he petitioned that the Church of Elmestede might be appropriated to that religious House Very many Commissions have I afterwards also seen for the view and repair of the Banks c. in this County which I shall here only in a brief manner point at viz. in 9 H. 4. to
course of time when they issued out viz. To Robert de Setvans William de Hastings and William Maufe in 27 E. 1. To Henry de Appletrefeld Robert de Setvans and others in 28 E. 1. In 30 E. 1. to Luâ—as atte Gate Robert de Setvans Will. Maufe and William Colebrand In 31 E. 1. to Robert Paulyn Robert de Septem Vannis Will. de Hastings and Lucas atte Gate In 32 E. 1. to VVill. de Echingham Robert de Passeleye and Henry VVardeden As also to Iohn de Buran VVilliam Maufe and Lucas atte Gate In 34 E. 1. to Iohn Malemeyns Lucas atte Gate and Robert Paulyn for those Banks Ditches c. in the Marshes of Pychardesbroke and Kechenhammebroke and elswhere in the said Counties In 35 E. 1. to VVill. Pyrot Iohn Malemeyns Iohn de Gosehale and Henry de Bugthorpe In 1 E. 2. to Iohn Malemeyns Lucas atte Gate and Robert Paulyn for the Banks c. in the Marshes of Mayhamme and Losenhamme In 7 E. 2. to Iohn Malemeyns of Stoke Robert de Echynghamme and Mathew de Knelle for those on both sides the River of Newendene betwixt Mathew and Bodihamme bridge In 10 E. 2. to Robert de Bardelby and Edmund de Passele for those in the Marshes betwixt the Redehulle and the Town of Roberts-Brigge on each side the River Lymene In 14 E. 2. to Iohn de Ifeld Iohn Malemaynes of Hoo and Richard de Echiâ—ham for those in the Marshes betwixt the Town of Apuldre and Roberts-Brigge on each side of the said River of Lymene In 17 E. 2. to Stephan de Cobham Iohn Filoll VVill. de Robertsbrigge for the same So also to VVill. de Echyngham Robert Bataill and VVilliam de Robertsbrigge About the beginning of E. 3. time it being found by an Inquisition taken before VVill. Truslell then the King's Eâ—caâ—tor on this side Trent that the Chanel of a certain River running betwixt the Lands of Geffrey de Knelle and Isabell Aucher between a certain place called Knellesflete in the confines of these Counties and the Town of Robertsbrigge in Sussex was so much enlarged by the flowing of the Sea-tides into it that six hundred and fifty acres of land part belonging to the said Geffrey and part to others were thereby totally drowned and consumed And that a certain Causey which is the common high way lying betwixt the Land of Iohn de la Gate in the said County of Sussex and the bridge of Newendon as also the said bridge were broken and demolished by those tides and moreover that divers lands in the said parts would in a short time be drowned and destroyed except a speedy remedy were had And likewise that it would not be to the damage or prejudice of the said King or any other if he did grant license to the said Geffrey and Isabell and to other persons having lands contiguous to those places to exclude the said tides and to raise a Bank at Knellesflete aforesaid betwixt the lands of the said Geff. Isabell in that place to resist the said tides for preservation of the lands way bridge aforesaid to the end that the antient course of that River might be preserved by sufficient Gutters placed in that Bank And that unlesse it were by such an exclusion of the Tides by making of such a Bank that the said Lands way and bridge could not be in safeguard The King therefore being careful in all respects to provide for the defence of this his Realm as was fit granted license to the said Geffrey and Isabell as also to all those who were like to have advantage by that exclusion that they should raise a certain Bank at Knellesflete before-mentioned for that purpose and to make sufficient Gutters therein for the issuing out of the said fresh water and to repair the same Banks and Sluces being so made when and as often as neâ—d should require In 10 E. 3. VVill. de Robertsbrigge VVill. de Recolvere Ioceline de Gatele and Robert Bataille were constituted Commissioners to oversee the making of certain Sluces Banks and Guttâ—rs for the safeguard of the lands of divers Tenants in the Towns of Wightresham Idene and Pesemershe and to assesse all such as had lands in those parts which were to take benefit thereby for the performance of that work according to the proportion of what they held About the same time upon another Inquisition taken it being certified that by the ebbing and flowing of the tides into a certain stream of fresh water running betwixt the Lands of the before-specified Geffrey de Knelle and Isabell Aucher between Knelleflete above-mentioned and the said Town of Robertsbrigge six hundred and fifty Acres of Land belonging to the said Geffrey and others were drowned the King thereupon granted the like license to the said Geffrey and Isabell to raise a certain Bank at Knellesflete to restrain those Tides as also to make Sluces and sufficient Gutters for evacuation of the said fresh water so that the antient course thereof might be preserved And afterwards did appoint Roger de Bavent Roger de Hegham Thomas de Lincolne and Will. de Northo to oversee the making of that Sluce and raising of the said Bank and â—o ordain assessments and to distrain all such as by the said Inquisition should be thought needful to contribute to the chardge of that work according to the proportion of their holding which Banks Gutters and Sluce being accordingly made and the said King informed that they were grown to decay did by his Letters Patents bearing date at the Tower of London on the 8th day of Ianuary in the said tenth year of his reign constitute Will. de Orlauston Thomas de Gillingham Stephan de Padiham and Iohn de Betenham to take view of them and to provide for their repair But in 22 E. 3. there being a Petition presented to the King on the behalf of Iames de Echingham and on the morrow after the Feast of S. Hillarie exhibited before the said King and his Councel in his Parliament then held at Westminster importing that those Lands might have been preserved by the repair of the old Banks on the verge of that River and that the Bank made by virtue of the said King's Letters Patents before mentioned which thwarted the said stream was raised aswell to the damage of the said King as of him the said Iames forasmuch as thereby such ships and Boats which had used to passe with victual and other things from divers places in these Counties of Kent and Sussex unto his Mannour of Echingham through this Chanel were then hindred as also to the destruction of his Market Town of Salehurst situate upon the said River and of his Market there which by the course of that water had been supported and out of which the said Iames and his Ancestors had used to receive Toll and many
also informed that the Tenants of the other lands were not able to undergo those repairs by reason of the great expence which would be requisite thereto Taking care therefore of his own indempnity and the preservation of those Marshes he directed his Precept to Thomas Alard Guardian of his lands of that Marsh commanding him that he should for the present occasion cause an equal contribution to be made out of those his lands according to a just and proportionable Tax with the said other Land holders lest for want thereof a greater losse might afterwards happen for which he the said Thomas was to receive allowance out of the Exchequer But after this the very next ensuing year upon an Inquisition taken by Rob. de Septem Vannis Will. de Hastyngs and Robert Paulyn whom the King had assigned to take view of the Banks and Ditches in this County and to cause them to be repaired which was returned into the Chancery it was found that the said Marsh of Winchelse could not be defended and preserved by the old wall situate towards the East and that if it ought to be defended it would be necessary to have a certain new Bank there of the length of CCCL Perches and that the said new Bank could not be made by those who according to the antient composition before-mentioned had wont to repair that old bank forasmuch as they who were in that sort lyable to the repair of the said old bank were not able in regard of the diminution of their lands to bear the whole chardge thereof themselves He therefore directed another Precept unto the said Thomas Alard requiring him to take care that such contribution should be made thereto out of his own lands and the lands of others as is above exprest And hereupon the said King issued out a Commission to the said Robert William and Robert to see that the contribution which the said King's Bayliff was to make therein should be well and also faithfully assessed A multitude of other Commissions were afterwards granted to sundry persons for to take care of the banks in the other Marshes of this County viz. in 1 E. 2. to Iohn Malemeyns Lucas atte Gate and Robert Paulyn fâ—â— those in Pevenese marsh In 2 E. 2. to Will. de Echingham Henry de Wardeden and Iohn Fylol for those in the Marshes of Wylting And the same year to Robert de Clyderhoâ— and Iohn Fillol for all the Marshes in this County In 3 E. 2. to the said William Henry and Iohn for those in the Marshes of Fothie and Wyltyng And the same year to Robert de Clyderhou Iohn Fyliol and Iohn de Brydeney for those in Pevensey marsh In 4 E. 2. to Robert de Passelâ—y Henry de Wardeden and Iohn Filliol for those Banks in the parts of Tillingham by which the Marshes of Tillingham and Est-Wytenham were wont to be defended both from the overflowing of the fresh and salt waters In 5 E. 2. to Henry de Wardeden and Iohn Fillol for those in the parts of Northie and Lullingtone In 7 E. 2. to Iohn Heringod Iohn Filol Will. de Sneylham for all those upon the Sea-coasts throughout this County And so also the same year to Andrew Peverell Will. de Northo Iohn Filiol and Will. de Snaytham In 8 E. 2. to Iohn Heryngaud Iohn Filiol and Iohn de la More for those in the Marsh of Filesham Boxle Wyltyng and Crawherst In 9 E. 2. to Edm. Passheleye Stephan Alard of Wynchelse and Mathew de Knolle for those in the parts of Tillingham before-mentioned In 10 E. 2. to Will. de Echyngham Andrew Peverell Iohn Filiol and Will. de Sneylham for all those upon the Sea-coasts throughout this County The like Commission had Will. de Echyngham Iohn de Ifeld William de Northo and William de Snaylham in the same year In 13 E. 2. to Henry Beaufiz Iohn de Bergham and Iohn Dalingrugge for those in the parts of Pevenesey and Hastings So also the same year to the said Henry Andrew Lutterell and Iohn Dalingrugge In the tenth year of Edward 2. the said King at the request of Robert de Sapy in consideration of his good and faithfull service granted by Charter unto the said Robert and Aliva his wife liberty to inclose as much of Pevenese marsh as was then overflowed and in the occupation of no man and to hold it of the said King and his heirs during their two lives for a pair of gilt Spurs to be paid into the said Kings Exchequer every year upon the Feast day of S. Iohn Baptist. But forasmuch as the said Robert and Aliva did take no benefit of that grant but delivered in their said Charter into the Chancery to be cancelled the King by his Precept dated at Westminster 13 August in the 15th year of his reign commanded the Barons of his said Exchequer to supersede their demand of the said Spurs In 16 E. 2. Edmund de Passele Will. de Northo and Will. de Robertsbrigge were appointed to view and take order for repair of the banks c. at Wortling and Pevenese and elswhere in this County In 18 E. 2. Giles de Briaunzon Iohn Filol Will. de Robertsbrigge and Iohn de Dalingrigge had the like appointment for those in the parts of Pevense and Hastings In 5 E. 3. Will. de Robertsbrigge Robert de Sharden and Thomas de Wyvill had the like for those in the Rape of Hastings So also in 6 E. 3. had Thomas de Faversham Richard de Grosherst and Robert de Bataille for those in North-mershe neer Rye and Spadelond mersh betwixt Wynchelse and Damse wall The like in 8 E. 3. had Thomas de Faversham Will. de Robertsbrigge and Gosceline de Gatele About two years afterwards the King directing his precept to Will. de Robertsbrigge Robert de Shardenne and Robert Bataille wherein he recited that whereas he had assigned them the said William Robert and Robert or any two of them to view the Banks and Water-gangs in the marsh called Northmershs neer Rye and in the marsh of Spadelond betwixt Wynchelse and Daunswall and in other Marshes adjoyning and to enquire by the Oaths aswell of Knights as others through whose neglect the defaults in those Marshes had hapned And that whereas by Inquisition taken by the said William Robert and Robert it was amongst other things found that there were Cxxviij acres of land in the said marsh which did belong to the King's Mannour of Ihamme and that the said King's Bondmen there held of him xxx acres of land called Spadelond in the said Marsh as also that the said King's lands and the lands of others could not be preserved except a contribution were made out of them for necessary chardges tending to such their safeguard And that they the said Commissioners had forborn to
so to Sakevylestrow and so to Yortham thence to Rikenebrigs and so to the old Sluce of Pevenese time out of mind with the rest of the Tenements in the said Town of Wortlyng Eltham Herst-Monceux c. And without that that by evacuation of the fresh waters by those Gutters and Sewers though they should be so repaired and made as by the Presentment was supposed they should have benefit and safeguard and this they were all ready to justifie c. And William Grangiam the King's Attorney there at that time said that the Sewer beginning at the boundary called Squabber tending to Gorebreggs and so to Sakevylastrowe and thence to the old Sluce of Pevenese had been usually repaired in common by the Landholders in the said Towns of Wortlyng Otham Herst-Monceux c. and that by such evacuation of the fresh waters by those repairs they had commodity and safeguard as in the said Presentment was alleged c ..................... ................................ In 3 H. 4. Thomas Erpyngham Constable of Dovor Castle the Prior of Michelham Iohn Pelham William Fenys Will. Makenade and others were constituted Commissioners for the view and repair of the Banks in Pevensey Marsh betwixt Birle and Bechief and to perform all things therein according to the Custome of that marsh as of the marsh of Romeneye and the Law and Custome of this Realm Whereupon the said Prior Iohn Pelham and William Makenade went unto Westham in the Parish of Pevensey upon Friday next before the Feast of S. Gregory by the consent of the Lords of the Towns the Bayliff and the xii Jurats otherwise called Skawers and of the Commons of the said Marsh and ordained these following Statutes for the due governance of the same marsh and salvation thereof in the time to come First because there was no certain Law of the said Marsh ordained nor used before that time but at the will of those Lords who had Lands within the same so that divers perils and hurts intolerable dayly grew therefore for eschewing thereof and for increasing of the common profit they ordained and fully agreed that a principal Court should be yearly held in the said Marsh within xv dayes of the Feast of S. Michael the Arch-Angel whereat one Bayliff xij Skawers as also Collectors and Expenditors of the Scotts or Assessments should be chosen by the Lords of the Towns of the said Marsh or by their Attorneys for the safeguard thereof which Bayliff to oversee the defects and the xij Skawers to make Orders and Decrees according to the Law and Custome of Romney Marsh and also that every man by lawful quantitie of his holding of common of Pasture and Fishing within the bounds of the said Marsh shall contribute by equal portions to the reparation and maintenance of the Banks Gutters Sewers Bridges and all other necessary things within the said Marsh by the consideration of the xij Skawers and that all the reparations of the said Banks Watergangs Gutters and Sewers be done as often as needeth the costs whereof to be made and raised in this form viz. That every man that hath any land subject to danger be it neer or far off from the said peril so that the said land may be saved or the owners have profit by the Banks Watergangs Gutts and Sewers before-mentioned shall be contributory for their Lands and Tenements according to the proportion of their tenure so that no man holding such Lands and Tenements under the form of afâ—resaid shall be spared in that part be he rich or poor of what state dignity or condition soever be he within Liberties or without and in case any man be negligent in paying of his portion at a certain day ordained by the Skawers for repairing the said Banks Gutts and Watergangs that then such men shall be distrained of their Goods and Cattell wheresoever they be found within Liberties or without within the Precinct of the said Marsh untill such time as they shall have duly paid their said proportions with their Wanes the which Wanes to be reserved to the profit of the Bayliff And that the said distresses taken by the Bayliffs and the xij Skawers shall be kept for three dayes and if the owner be obstinate or negligent of his payment during that time then that the said distress be sold and the mony reserved for the safeguard of the said Marsh against the violence of the Sea And that the common Bayliff of the said Marsh of Pevensey who hath lands within the same be chosen if it be profitable but otherwise that another be elected by the assent of the Lords of the Towns of the said Marsh or by their Attorneys in sitting and holding of the Courts and Lasts at West Ham or at some other lawful place within the bounds of the said Marsh and within xv dayes of the Feast of S. Michael before-mentioned yearly upon the summons of the Bayliff except the said Bayliff for some reasonable cause happen to be changed within the said year and another be chosen in his stead And if the said Bayliff be present at such his election and will not accept of that Office that then he shall be amerced by the Electors in xls. which the succeeding Bayliff shall levy of his Goods and Catalls to the comman profit of the said Marsh and so forthwith a new choyce of another Bayliff to be made who shall accept of that Office and take his Oath and have for his labour the Wanes that fall in his time of the Scotts so assessed and levyed And if the said Bayliff so chosen be hindred by any man so that he dare not accept of that Office by reason of any threats that then he which so threatneth him or by any suggestion causeth him to decline that Office shall be punished by the Electors in such sort as the Bayliff himself should be in case he refused the same Office And if the Bayliff be absent at the time of his election that then he be distrained by the Bayliff of the Marsh his Predecessor by all his Goods and Catalls the which shall be pounded in certain places ordained by the said Electors and there kept unto the time the said Bayliff go to the Constable of the Castle of Pevensey the Abbot of Begham or Prior of Michelham or to one of them and make his Oath accepting of his said Office whereupon he shall receive Letters of him who hath so taken his Oath sealed with his Seal and directed to the Bayliff his Predecessor And thus shall he do within six dayes after his election and if he do not so he shall then be punished as aforesaid and forthwith a new choyce made And at this principal Last or Court the common Collectors and Expenditors of all the general Scots before-mentioned shall make their accompts before the Lords of the Marsh or their Attorneys if they be present before the Bayliffs xij Skawers and the Commons of the said Marsh which Accompts to be
upon their Oaths that the common Watercourse betwixt Asheburnehamesmyll and Batesford to Godyngeshavene was so obstructed by sand mud grasse and other filth that three thousand seven hundred eighty and three Acres of land were by this stoppage of the course of the fresh waters drowned that it would be necessary profitable for the safeguard restoration of those lands that the common current from Morespicheswalle to the Mark dyke were newly clensed which contained six furlongs by estimation and might be scoured for xij Marks Which Chanel all the Landholders as well above Borham bregge as Rokland Morhale Hoo Ladyland Cralle and of the Land of Christian atte Mershe ought to make clense and scour And they also said that the current from Markdyke to Pevenese bridge contained in length xiij furlongs which being then likewise filled with mud and sand by the ebbing and flowing of the tides might be clensed and scoured according to their estimation for xll. And that there was need of a new Sluse at the said Pevenese bridge in length xx foot in bredth xiiij and in height four foot which might be made for xl. by estimation to the scouring of which Chanel and making the Sluce all the Land-holders above Borham bregge in Brodewyshe and Cornbroke ought to make full contribution and the Land-holders above Tonleghebregge to Condennesbregge half contribution according to the proportion of their lands And likewise all the Landholders on the South side of Morespicheswalle half contribution according to the quantity of their said lands And that all the Land-holders in the marsh of Mankesye Bestenovere Marchalls Bakers and Wykham to contribute for the purposes abovesaid a fourth part for this present occasion but not to be claimed as a due in time to come And they farther said that it would be necessary and profitable for all the Land-holders aforesaid and for the security of Pevense Haven that all the Banks on the other side upon the Saltes from Morespicheswalle to the Sea should be broken and taken away without any impediment of the Tenants of those Banks And they said moreover that if the said Port of Pevenese had not been stopt up with mud and sand by the ebbing and flowing of the Tides so that the fresh water from the said Sluse could not have it's course then would it have been needfull that the said Sluce should be pulled up and set down anew at Wyldemershe betwixt the Sluce of Hoo and the Sluce of Mankeseye and that a new Sewer should be made from the said Sluce so placed anew through the midst of the Lands of Iohn Aske unto the Kokyr of Mankesye allowing for the Land of the said Iohn Aske according to the Law Custome of Romene marsh Also they said that it would be necessary and beneficial for the Abbot and Covent of Begham for his lands at Roklond that they and their successors have one little Sewer with a bolt fastned under the common Water-course into the Brook of Hoo for evacuation of the dead water arising from rain and springs in the said grounds of Roklond and this to be made at their own proper chardges And the said Abbot and his successors to maintain the said VVater-course from that bolt called Morespicheswalle at their own proper chardges And if the said current through the increase of the water should go out of it's course by the neglect of the said Abbot or his successors that then it might be lawful for the Tenants of Hoo to shut up the said bolt untill he the said Abbot and his successors did make full satisfaction to the said Tenants of Hoo for their losses therby occasioned And the said Jurors did likewise affirm that it would be necessary to have one Bayliff one Collector one Expenditor and other Skawers of the most sufficient land-holders who might have power to do all things therein according to the Law and Custome of Romene marsh and to make new Ordinances of Pevense marsh and to return them into the Chancery to be exemplified with the said Kings great Seal so that if the said Sewers or Floudgates should be so repaired they might have benefit and full safety thereby And that in case a proper remedy were not the sooner had therein an inestimable losse would be like to happen within a very short time VVhereupon there was a Precept issued out both to the Constable of Dovor Castle or his Lieutenant and to the Shireeve of Sussex that both of them should give warning to all and every the land-holders of the Tenements within those Towns to appear before the said Commissioners at Marchalleswalle neer the ......... of Pevense upon the Thursday being the Eve of S. Margaret the Virgin then next ensuing to shew what they could say for themselves why they ought not to be chardged with the performance of those repairs according to the proportion of their holding and form of the said Inquisition and to do and undergo what the Kings Court should further appoint in that behalf And accordingly Iohn Colbrond was elected to the Oâ—fiâ—e of Bâ—yliff and sworn to act according to the Custome of the Marsh And Richard Palmere to the Office of Collector and Expenditor and sworn as aforesaid And Thomas Colbrond William Bulke and others to the Office of Skawers and sworn likewise to undergo that Office according to the Law and Custome of the said Marsh. At which day the said Lieutenant to the Constable of Dovor Castle made his return to the before-specified Prior of Michesham and his Fellow Justices that he did summon Iohn Aske Robert Redyng with divers others to appear before them and likewise the Abbot of Begham But the said Iohn Aske and many others appeared not But Iohn Wodelond and some others who did appear were ready to contribute to those repairs c. In 8 H. 4. Sir Iohn Dalingrugge Knight George Ballard Stephan Bettenhamme Will. Snayth Henry Horne and others were constituted Commissioners for the view and repair of the Banks upon the Sea-coast from a certain place called Blakwose in Kent unto Rye in this County and the coasts of the water called Apoldreflete from the Sea to Bodihamme on both sides the said water which at that time were much broken with the Tides And to perform all things therein according to the Law and Custome of England and the Custome of Romeney Marsh. And the next year following the same Sir Iohn Dalingregge Sir Iohn Pelham Knight Robert Oxenbrigge Iohn Hall the elder and Iohn Hall the younger had the like Commission for the Banks upon the Sea-coast betwixt Hastynges and Boxle within the Parishes and Towns of Wyltyng Holyngton Boxle Crowherst Hastynges and Bulwerhythe and to transact all things therein according to the Law and Custome of this Realm In 2 H. 5. upon an Inquisition taken before Thomas Erpyngham Constable of Dovor Castle Will. Brenchesle Robert Oxenbrigge and others for the view and repair of the Banks betwixt Farleghe in
this County and Apulâ—re in Kent the Jurors presented upon their Oaths that there was a certain small Mâ—rsh neer unto the Town of Rye within the liberty of the Cinque Ports called S. Mary Croft containing by estimation xlviij acres of land which could not be well defended against the force of the Tides except an old Gutter therein were stopt up And they said that it would be necessary and profitable for the preservation and clearing of the said Marsh that there were a new Gutter and Seweâ— made beyond the bank of the said marsh and the land of Iohn Chitecrofte in a certain Marsh called Corboylesmarshe containing ........... about a quarter of an acre of land and so to passe into the Water-course coming from Leveshameswall unto the Sluce at Melflâ—t All which said work viz. the stopping up of the old Gutter and making of the new Sewer and Gutter might be performed as they estimated it for xijl. And they farther said that the Land-holders of the said Marsh called S. Marie Croft should pay to the said Iohn Chitecroft for the said land according to the Custome of Romeney marsh for every Acre xls. And they likewise said that the said Land-holders should be lyable to make contribution for their portions towards the diverting of the VVatercourse in Curboylesmarshe for the maintenance of the Sluce there and the Bank beyond the said Sluce not taxed as also to the making of the new Sewer in Curboylesmarsh when occasion should be viz. for every Acre of theirs as the Land-holders of Curboylesmarsh for theirs which water so diverted was not to the hurt or damage of the said Marsh called Curboylesmarshe And therefore the Maior and Bayliff of Rye had command that they should summon the said Iohn Chytecroft to appear before the Lieutenant to the Constable of Dovor Castle at Rye upon the Wednesday next before the Feast of the Nativity of the blessed Virgin to shew c. As also the land-holders of the said Marsh called S. Mary Croft VVho severally said that they could not gainsay but that they were obliged to make contribution according to the Inquisition aforesaid And likewise the said Iohn Chitecrofte who said nothing thereto Therefore it was decreed that the said new Gutter and Sewer beyond the said Bank and over the land of the said Iohn Chitecrofte should be made according to the purport of the said Inquisition and that the said Iohn Chitecroft should have for his said land according to the Custome of Romeney marsh x s In 3 H. 5. Sir Iohn Pelham Knight Richard Wakeherst Robert Oxenbrigge Vincent Fynche Adam Iwode and Will. Marchaunt were constituted Commissioners for to view and repair the banks c. betwixt the Towns of Pesemersh Rye Farlegh and Pette and to do all things therein according to the Custome of the Marsh and the Law and Custome of this Realm So also in 9 H. 5. had Robert Oxenbrigge Henry Hoorne Iohn Halle junior Will. Cheyne and Adam Iwode for those betwixt Ashewalle and the course of the sea-Sea-water running from the town of Rye to Appuldre and Bodyam in the Towns of Wytresham and Stone in Kent and to Idenne Pesemâ—rshe and Bekkele in this County and to do all things therein according to the Custome of Rumney Marsh and the Law and Custome of England The like Commission the same year had Robert Lord Poynings Thomas Prior of Lewes Iohn Preston Sir Iohn Pelham Knight Iohn Darell and others for those betwixt Flecchyng and Seford on the Sea-coast and to perform all things therein according to the Custome of the Marsh and the Law and Custome of this Realm So also the same year had Sir Iohn Pelham Knight the Prior of Michelham Robert Oxenbrigge Adam Iworde Iohn Nelonde and Iohn Halle for those betwixt Hastyngs and Boxele in the Towns of S. Leonard Holyngtone Wyltynge Bexele Croweherst and Bulwerhithe and to proceed therein as abovesaid The like had Will. Westbury Robert Oxenbrigge Iohn Hall Richard Wakehurst and others for those betwixt the Parish of Berghestede on the west part and the parish of Felgham on the East and from those Parishes to Westregate and to do all things therein as abovesaid So also in 1 H. 6. had Sir Iohn Pelham Knight the Prior of Michelham Robert Oxenbrigge and othâ—rs for those Banks betwixt Hastyngs and Bexele as abovesaid And the like had Robert Lord Ponynges Thomas Prior of Lewes Iohn Preston Sir Iohn Pelham Knight and others for those betwixt Flecching and Seford and to proceed therein as abovesaid But in such sort did the said Sir Iohn Pelham and his Fellow Commissioners proceed therein that in 6 H. 6. upon information made to the King that they had by colour of that Commission raised certain new Banks which did so obstruct and hinder the antient course of of those fresh waters that had used to run betwixt the said towns of Hastyngs and Boxle by certain Sewers and Trenches to the Sea that much land was thereby drowned the said King assigned the Abbot of Bataille the said Sir Iohn Pelham Knight Sir Roger Fenys Knight Adam Iwode Iohn Corffe and others to view the same and to take such course for the rectifying thereof as should be consonant to the Custome of the Marsh and the Law and Custome of this Realm In 10 H. 6. Humfrey Duke of Gloucester Sir Thomas Echyngham Knight Iohn Halle Will. Fynche and others were appointed to view and repair the Banks betwixt Farlegh in this County and Derlandes Knokke in Kent and to make Laws and Ordinances therein according to the Custome of Romeney Marsh As also to imprest so many Labourers upon competent wages as there should be cause for to imploy in that work considering the great necessity of expedition therein The like appointment in 12 H. 6. had Iohn Earl of Huntendon Robert Prior of Lewes Sir Robert Poynings Sir Thomas Echyngham Sir Thomas Leukenore Knights Iohn Darell Richard Wakehurst and others for the Banks betwixt Flecchynge and Seford upon the Sea-coast and to proceed as abovesaid as also to imprest such and so many Labourers upon fitting wages c. as abovesaid So also in 21 H 6. had Edmund Mille Will. Sidney Iohn Leyle Iohn Wode Richard Dalingrugge Esquire and Will. Breys for those betwixt the Parish of Berghstede on the VVest part and the Parish of Folgham on the East and from those parishes extending to Westgate And to do all things therein according to the Custome of the Marsh and the Law and Custome of this Realm Tâ—e next year following had Sir Rog. Fenys Knight Richard Dalyngrugge Esquire Iohn Faukes Clerk Iohn Denysh Esquire Edmund Mille and Adam Iwode the like Commission for those banks c. betwixt Hastyngs and Bexele within the Towns of S. Leonard Holyngtone Millynge Bexele Croweherst and Bulwerhithe and to proceed therein as the last Commission directed In 33 H. 6. Richard Abbot of
Bataille Will. Westbury â— Provost of Eton College neer Windsore Iohn Faukes Clerk Thomas Hoo Esquire and Bartholmew Bolney were assigned to view and repair the banks c. within the Precincts of Batesford Ashburnehammesmille Godyngeshaven from Pevenese bridge to Newestclewes of Waltershaven and from Newestclewes by the Sea to the point of Godyngeshaven and from the point of Godyngeshavene to Romestrete and from Romestrete to Bellamsgutte and from Bellamsgutte to Densexgote and from Densexgote to Pykeledbrigge and from Pykeledbrigge to Swynesham brigge and to act therein according to the Law and Custome of Romeney marsh Several other Commissions there were in this King's time and afterwards in all which the Commissioners were directed to proceed according to the Law and Custome of Romeney marsh viz. in 34 H. 6. to Sir Richard Fenys Knight Thomas Echyngham Richard Dalyngregge and Iohn Passele Esquires Bartholmew Bolney and Martin Oxenbrigge for the Banks betwixt Sedlescombebregge in the Parish of Sedlescombe on the VVest part to Snaylham and the place called the Pyke in the Parishes of Brede and Gestlyng on the East part on both sides the common Watercourse betwixt the said Town of Sedlyscombe and Wynchelse In 36 H. 6. to Sir Richard Fenys Knight Sir Roger Leukenore Knight Nicholas Huse Thomas Hoo Barth Bolney and others for those from Coleworthe to Fleghambrigge and thence to the Sea In 37 H. 6. to Sir Iohn Pelham Knight Thomas Echyngham Henry Hall Robert Oxenbrigge and Iohn Copeldyke Esquires Bartholmew Bolney and Martin Oxenbrigge for those betwixt a place called Fodyr and the Town of Wynchelse In 3 E. 4. to Sir Roger Leukenore Knight Will. Sydney Iohn Ernely Thomas Tawcke Humfrey Hewester and Iohn Goryng for those Banks from Coleworthe to the Sea In 5 E. 4. to Sir Thomas Echyngham Knight Barth Bolney Henry Halle Rob. Oxenbrigge and Will. Baker for those from Yham in the Parish of S. Leonards and from Yham to the Lands called Cregge and the Lands of Iohn Fynche In 6 E. 4. to Sir Roger Leukenore Knight Nich. Huse Esquire Iohn Fuyst Iohn Goryng Will. Ernele and others from the water of Coleworth to the Sea And in 14 E. 4. to Sir Iohn Fogge Sir Iohn Scotte Sir Will. Haute and Sir Iohn Gilford Knights Iohn Elryngton Iohn Bruaston Henry Auger Will. Belknap and Robert Oxenbrigge Esquires Barth Bolney and others for those betwixt Roberts brigge in this County and the Town of Romeney in Kent In 17 E. 4. upon an Inquisition taken at a place called Dencourt's marshe the Friday next after the Feast of the Nativity of S. Iohn Baptist xvij E. 4. before Sir Thomas Echyngham Knight Henry Aucher Gervase Horne Robert Oxenbrigge VVill. Belknap Henry Belknap Iohn Bradford Iohn Copeldyke Iohn VVody and Thomas Oxenbrigge Commissioners to view and repair the Banks betwixt the River of Apildoure to Rye on the West part and thence to the Wall called Fresh walle on the East part and the Wall of the Monks of Christs-Church in Canterbury called Newe Walle as far as the lands belonging to the Abby of S. Augustines did reach on the South part the Jurors did then and there present upon their Oaths that it would be very necessary and profitable for the safeguard amendment and clearing of the said Marsh and prevention of drowning to that part of the Country adjoyning thereto that there were a new Bank made from the said VVall called Newe Walle by the Chanel leading from Apyldore to Rye and to the said water called Moreflete and thence to the said place called Freshe-walle as far as the lands then belonging to the Abby of S. Augustines did extend And that the said Bank should be in length from the said VVall called New Walle unto Moreflete aforesaid and thence to the said place called Fresh Wall upon the flat Marsh MCCiiijxx Rods and an half and in Crekes and Flets Lxix Rods. And they say that every Rod of the said Bank upon the plain Marsh might be made for two shillings and four pence and every Rod in the Crekes for xis. And they farther said that within the same Marsh by the making of that Bank there might be saved from the overflowing of the Tides MCCCCxij Acres of good Marsh of which number Miiijxx and two Acres were in Kent and CCGxxx Acres in this County and that all the said Acres in both Counties did lye together and contigious to the bounds of those Counties and adjacent to the said Marsh and that no one Acre could be conveniently taxed to the making of the said Bank without the other the assessment of them having been so time out of mind whereof were Tenants the Abbot of S. Augustines in Canterbury the Prior of Christs-Church in Canterbury Sir Iohn Elryngton and Sir Iohn Scott Knights Iohn Engham Thomas Ian the heirs of Iames Marshall the heirs of Robert Marshall the VVidow of Stephan Dene the heirs of Thomas Thurder and Robert Fermor Of which the Abbot of S. Augustines aforesaid was seized in the right of his Church in his demesne as of Fee in the said Marsh in Kent of CCij Acres the Prior of Christs-Church of Ciiijxx and xvi Acres Sir Iohn Elryngtone Knight of Dxxxiij Acres whereof CCLvi Acres in this County of Sussex Sir Iohn Scott Knight of Lxxiiij Acres in this County whereof VValter Roberd claimed a part but how much the Jurors knew not Iohn Engham of Lix Acres and one Rode of that part which lyeth in Kent Thomas Ian of xix Acres and an half of the like The heirs of Iames Marshall of half an Acre and a Rode The heirs of Robert Marshall of viij Acres and a Rode The VVidow of Stephan Deine of two Acres and a Rode The heirs of Thomas Thunder of xxiiij Acres and Robert Fermour of xxxvi Acres all lying in Kent And moreover the said Jurors affirmed that it was both reasonable and just that all the said Tenants should make contribution every man according to what he held in the said Marsh for the making and maintenance of those Banks And the said Commissioners by the consent of the said Jurors Bayliffs of Franchises and all others who were concerned in the making of the said Banks and repair of them ordained decreed and assessed upon every acre of land within the said Marsh a tax of nine shillings to be paid at the Feast of S. Peter ad vincula and at the Nativity of our Lord then next following by equal portions And they farther said that it would be most necessary and profitable for the preservation and good Government of the said Marsh that there should be chosen one Bayliff and one Collector and other Skawers of the principal Land-holders there who should have power in all things to be done therein according to the Law and Custome of Romeney marsh VVhereupon the said Commissioners by the assent aforesaid made choice of Sir Iohn Elryngton Knight to be Bayliff and
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
that Margerie the VVidow of Robert de Botheby of Rihill conspiring cunningly to supplant him in his right caused the same trench in the said Kings absence from England to be stopt up and his Tenants of that Mannour who were at the making thereof to be impleaded by divers VVrits as trespassers to the said Margerie alleging that they had broken the Banks of a certain Sewer at Rihill aforesaid so that the water thereof by that breach did drown her lands that she could have no profit by them And that certain VVrits of Nisi prius for to take Inquisition upon the premisses were granted to the said Richard and VVilliam by which in case they should be taken or that there should be such proceedings therein he the said King might easily receive prejudice and disherison especially if thereby his said Tenants should be convicted of those trespasses for then it would appear that he had no right to make that trench Therefore the said King being desirous by all wayes he could to prevent such damage and disherison commanded the before-specified Richard and William that they should wholly supersede the taking of any such Inquisitions by virtue of his said VVrit of Nisi prius In 17 E. 3. Sir Thomas Ughtred Sir Gerard de Useflet and Sir Will. de Kednesse Knights Iohn de Bekingham and Iohn de Langeton were assigned to view the banks betwixt Turnbrigg neer Rouclif and the antient course of the River of Done in the parts of Merskland as also those upon the Rivers of Ayre Use and Done thereabouts which were then much broken by the flouds of fresh waters and to take order for the repair of them In the same year upon a Petition exhibited to the King in Parliament by the Inhabitants of Merskland in this County and they of â—xholme in Lincolnshire shewing that whereas King Edward the second at the sute of them the said Inhabitants suggesting that the River of Done which is the division betwixt the said Counties where the course of the water had wont to be aswell for the passage of ships from the town of Doncastre unto the River of Trent as for the drayning of the adjacent lands was obstructed by the Sea-tides and thereupon gave Commission to Iohn de Donecaster and others to clear the same and reduce it to it 's antient course VVhich Commissioners did accordingly cause a trench of xvi foot and one grain of Barly in bredth to be thereupon digged at the chardge of the men of those parts from a certain place called Crulleflet hill unto Denmyn and did thereby reduce that stream into it's antient course And that since the said trench so digg'd there were bridges floud-gates and divers other obstructions made anew in the said stream so that it had not sufficient bredth but that the passage of ships was hindred and the adjacent grounds overflowed he therefore constituted Roger de Newmarsh Thomas de Levelannor Iohn de Ludington and Iohn de Rednesse his Commissioners to remove those obstructions In the same year upon information by the Inhabitants of Rykhale Skipwith Eskrik Styvelyngflet Duffeld and Bardelby that the banks of a certain Sewer which passeth from the River of Ouse unto Rikhale were so low and ruinous at Rikhale that by the flowing of the Ouse entring that Sewer and going over the banks thereof divers lands and Meadows of the said Inhabitants of those places as also a certain Road-way which goeth from Hoveden to Yorke and another which commeth from Selby to Yorke through want of repair of those banks and raising them higher were many times overflowed so that the before-specified Inhabitants for many years past had lost the benefit of their said lands the King therefore assigned Will. Basset Sir Will. de Rednesse Knight Robert de Haldanby and Iohn de Bekyngham his Commissioners to enquire thereof and to redresse the same By virtue of which Commission they the said Robert and Iohn sate at Rikhale upon Friday being the Feast of the decollation of S. Iohn Baptist in the year abovesaid before whom Henry de Moreby and his Fellow Jurors being impanelled and sworn did present upon their Oaths that there was a certain Sewer at Ryhkale called Rykhaleflete in the land of the Bishop of Duresme and the Prebendary of the Prebend of Rykhale by which the waters that descended from the Fields of Eskrik Skipwith and Rikhall fell into the River of Ouse and had done so time out of mind and that the banks of the said Sewer and those lying near thereto upon the said River were so low and the same Sewer by the frequent ebbing and flowing of the Ouse so worn away and enlarged in regard that the course of that River from Rikhale towards the Sea was then more straightned than formerly by banks upon the verge thereof newly made for the safeguard of the Country in divers places which causing it in Floud-times to rise higher than usually did by it's entrance of that Sewer over those banks drown much land meadow wood and pasture belonging to the Inhabitants of Rikhale Skipwith Eskrik and Thurgramby so that they often lost their benefit of those lands through the want of repair and raising the banks of the same Sewer viz. of the Bishop of Dureâ—me his Lands about Lxiiij Acres of the Lands belonging to the Prebendary of Rikhale and his Tenants about an hundred Acres of the land of Iohn de Manesergh about xxx Acres of the lands belonging to the Abby of S. Marie in Yorke lying in Escrik Park about Lx Acres of the lands pertaining to Sir Raphe de Lascels Avice la Constable Nicholas Damory the Prioresse of Thikheve and her Tenants about Cxx Acres of the lands of Edmund de Averenges and Iohn de Skipwith about Cxx Acres And they also said that the Road-way which leadeth from Hoveden to Yorke as also that High way from Selby to Yorke were by reason of that overflowing of the water entring by the said Sewer so often drowned that no man could passe them And that one Will. le Mareschall by reason of the said overflowing was drowned in that Road betwivt Seleby and Yorke the year before and so likewise was one Walter Redhed at another time in a place called Welebrig overflowed in such sort by the said water And being asked through whose neglect it was that those banks were not repaired and who ought to repair them they answered that the Prebendary of the Prebend of Rikhale had in times past a certain Mill which stood in the said Sewer in a place called Rikhaldrun for his own private commodity and a pool raised to a certain height upon which pool was a Causey for the passage of Carts and Waines and under that pool a Sluse six foot in bredth for evacuation of the water descending from the before-specified fields by which Causey and Sluse the tides of Ouse coming up the same Sewer and flowing over the banks thereof entring the said pool were
hindred so that they could go no farther except casually in the time of an exceeding great floud of the said River And they said moreover that the before-mentioned Prebendary owners of that Mill time out of mind had a Mill there for their proper benefit and kept the Mill-pool to the height above exprest untill that one Bartholmew Florentyne Prebendary of that Prebend in the reign of King Edward the first deeming that it would be more for his profit to pull down the said Mill than maintain it demolished both the Mill and the pool so that the tides of Ouse entring the before-specified Sewer and going over the Banks passing through the said pool so demolished did in every great floud of that water thenceforth till that time drown the before-specified lands and the lands of many others And they also said that there were never any other Banks nor Sluses for defence of that water nor was any one obliged to repair any banks there except they whose lands were so overflowed as aforesaid but they said that it would be more profitable and beneficial for the Inhabitants of those places to have banks raised to a fitting height and Sluses of a certain bredth for to keep back the tides of the said River at the entrance thereof that is to say upon the banks of Ouse at the mouth of the said Sewer where the said Bishop of Duresme is Lord of part of the soil and the said Prebendary Lord of the other part And they said moreover that they believed that the said water of Ouse did enter by that Sewer and passe over those banks by reason they were too low to the damage of the Inhabitants of those parts through the default and neglect of the men of those Towns which had their grounds so overflowed not of any other And that all they who had lands overflowed by the flouds of that water ought to repair those banks as also to raise them higher In 23 E. 3. Sir Thomas Ughtred Sir Gerard Oâ—sflet Knights Robert de Midelham Robert de Haldenby Thomas Proctour of Rednesse and Will. Gatorest were assigned to view and repair the banks upon the River of Ouse Done and Ayre in the parts of Merskland The next year following Will. de Percy Brian de Thornehull Raphe de Lassel Will. de Ayrmyn Will. de Nâ—tton Will. de Hinchden Illard de Usflet â—nd Thomas de Egmanton had the like assignation for those upon the Rivers of Humbre Use Derwent Ayre Skelflet Langdyk Fulne and Done in the parts of Spaldingmore Hovedenshire Draxsoken and Merskland â— and in the Wapentakes of Barston and Herthill betwixt Use and Derwent So also had Thomas de Ughtred Robert de Pikering Robert de Middelham Will. de Gateresse and Thomas Proctour of Rednesse for those upon the streams of Use Ayre and Done in the parts of Merskland and Osgodcrosse The like Commission in 26 E. 3. had William Basset Sir Miles Stapleton Knight Illard de Usflet and Iohn de Lasingcroft for those banks c. on the North side of Ayre betwixt Ayrmynne and Ferybrigg So also the same year had Thomas de Metham Alan de Shutlingden Parson of the Church of Hemyngburgh Iohn Moubray and Peter de Richmund for those upon Ouse within the Liberties of the Bishop of Duresme Other Commissions to the like purpose were shortly after directed to others viz. in 30 E. 3. to Iohn de Moubray Illard de Usflet Iohn de Walton and Iohn de Feriby for the Banks c. upon Humbre betwixt Faxflet and Paulesflâ—t In 31 E. 3. to Robâ—rt de Herle Will. de Skipwith Iohn de Moubray Iohn Knyvet Nich. Gower and Thomas Levelance for those in the VVapentakes of Strafford and Osgodcrosse In 33 E. 3. to Iohn Moubray Sir Marmaduke Constable Sir Will. de Aldeburgh Sir Raphe de Lascels Knights and others for those upon Use Derwent Ayre Skelflete Langdyke Fulne and Done in the parts of Spaldyngmore Hovedenshire Draxsoken and Merskland as also in the VVapentakes of Barston and Herthill and betwixt Use and Derwent In 36 E. 3. to the same Iohn de Moubray Thomas de Ingelby William de Fyncheden and others for all the last mentioned places In the same year there were divers Presentments made against those who ought to repair and maintain the depth of a Goul in Houk upon the River of Ouse within the parts of Merskland through whose neglect the Banks were broken to the nusance of the King 's High way betwixt Houk and Swynflet So also for neglecting to repair the said Banks upon Ouse to the damage of the Road-way betwixt Usflete and Ayrmyn Upon the pleadings whereunto the Town of Roucliff could not deny but that it ought to repair the VVater-course at Langholme gote and therefore were fined for their default In 39 E. 3. Thomas de Ingelby Miles de Stapelton Illard de Usflete and others were constituted Commissioners for the view and repair of the Banks c. on the North side of Ayre betwixt Ayremin Ferybrigg The like Commission the same year had VVill. de Skipwith Rich. de Ravensere Provost of Beverley Godfrey de Folejaumbe others for those upon the Banks of Use Ayre and Done in the parts of Merskland and Osgodcrosse and to proceed therein according to the Laws and Customes of this Realm So also had Hugh de Hastyngs VVill. de Fyncheden VVill. de Reygate and others for those on the North side of Ayre betwixt Selby and Castelford brigge In 40 E. 3. there was a Presentment made in the VVapentake of Anesty against the Prior of S. Iohns of Hierusalem for obstructing the watercourse called Langedyke in the 37th year of the said Kings reign who alleging that there was errour therein it came to be pleaded in the Kings Bench where the Jurors found that the said VVatercourse was stopped in the pasture of Temple Wetherby so that it overâ—lowed the Pasture and land of Thorparth and other Towns adjoyning and that the said VVatercourse ought to be repaired and clensed by the same Prior as in right of his Mannour of Temple Wetherby which being not done he was amerced in xxs. In the same year Thomas de Ingelby VVill. de Fyncheden Miles de Stapelton Thomas de Metham and others were appointed to view and repair the banks c. on the North side of Ayre betwixt Ayrmyn and Ferybrig and to perform all things therein according to the Law and Custome of this Realm So also were VVill. de Fyncheden Godefrey de Folejambe Thomas de Bradwell and others for those betwixt Eyrmyn and Whitley on the South side of the said River And likewise Thomas de Roos of Hamlake Thomas de Ingelby VVill. dâ— Aton and others for those upon Humbre Use Derwent Ayre Skelflete Land dyke Fulne and Done in the parts of Spaldyngmore Hovedenshire Draxsoken and Merskland and the VVapentakes of
the above-specified presentment the said obstruction was supposed to be and thence unto Hovedene and divers other places And they said that the same Henry and others by the appointment of the said Sir Stephan did cast earth and sand there for the amendment of that way without that that there was any antient watercourse descending as abovesaid into Temple damme as it was presented and desired that the Country might enquire therof And the said Jurors also said that there was not any common or antient watercourse descending from Thornton damme aforesaid unto Temple damme as had been alleged wherefore the said Sir Stephan and Henry were dischardged And the same Jurors likewise presented that a certain watercourse called Newe Derwent from the end of Hovedene Town viz. from the way from Hale to Dykysmin was obstructed and ought to be repaired by the Towns of Hovedene Knedelyngtone Askylby Kylpyn Neusome Brend Spaldyngtone Kayvill and Thorpe VVhereupon the Shireeve had command to summon the Inhabitants of the said Towns c. whereof they of Hovedene Knedelyngtone Kylpyn Kayvill and Thorpe appearing severally said that they could not deny but that they ought to repair the same water-course in manner and form aforesaid therefore they were amerc'd And the said Towns of Askylby Neusome Brend and Spaldyngtone severally answered that they ought not to repair that water-course as it had been presented and did therefore request that the Country might enquire thereof VVhereupoâ— the Jurors being called said that the before-specified Towns of Askylby Newsome Brend Spaldingtone ought not to repair the same and therefore they were then dischardged And they moreover presented that a certain watercourse called Ruddeflete descending from Wallyngfen to Ruddeflete and so by the Milne damme of Brounflete to Humbre was obstructed and that William then Master of the Hospital of S. Leonard in Yorke ought to repair the same And that there was a certain watercourse called Hodflete descending from Wallyngfen to Humbre which ought to be repaired by the said Master whereupon the Shireeve had command to summon the said Master c. who appearing could not gainsay but that he ought to repair the same therefore he was amerc'd c. and the said Shireeve was commanded to distrain him And they also presented that there was a certain watercourse called Frisdyke which was totally obstructed so that the adjacent grounds were thereby drowned and that it ought to be repaired by Sir Stephan le Scrope of Masham Knight Lord of the Mannour of Faxflete .......................... And as touching the plaae called Whitenge to the River of Humbre they said that the before-specified Master of the Hospital of S. Leonards in Yorke ought to repair the same whereupon the Shireeve had command to summon him the said Sir Stephan who accordingly appearing by his Attorney answered that he could not gain-say but that he ought to repair the said water-course from that place called Whitenge unto Oxmer dyke as it had been presented therefore he was amerc'd and the Shireeve commanded to distrain him c. And the said Master also by his Attorney answered that he could not deny but that he once did together with the said Stephan repair the same watercourse from that place called Whitenge unto the River of Humbre that is to say the said Master the one half thereof and the said Sir Stephan the other half therefore he was amerc'd c. And they lastly presented that a certain watercourse called Daneldyke through which the water of Neusome Park did passe to Alderwent near Lostsome was stopped and ought to be repaired by the Town of Newsome and by the Landholders in Neusome bordering upon the said water-course whereupon the Shireeve had command to summon the Inhabitants and Land-holders abovesaid who appearing accordingly said that they could not deny but that they togethâ—r with the Towns of Lostsome Askylby and Barnby near Hovedene ought to repair that watercourse therefore they were amerc'd In the same first year of King H. 4. Sir Iohn le Scrope Knight Sir Gerard de Ouseflete Knight Thomas Egmantone Robert de Haldenby Richard de Nortone Will. de Lodyngtone and Nich. Rosselyn were assigned to view and repair the Banks and Ditches c. upon Ouse Ayre and Done in the parts of Merskland and Osgodcrosse in this County and to proceed there according to the Law and Custome of this Realm So also in 3 H. 4. were Edmund Duke of Yorke Sir Gerard Sothill Knight Robert Tirwhyte Iohn Rome Clerk Iohn Gaytesford Thomas Brunham Will. Ludyngton Edm. Fitz William Thomas Sheffield and Thomas Egmanton for the banks c. in the Isle of Axholme in Lincolnshire and betwixt the water of Bykersdyke on each side in the County of Notingham and the River of Done on each side as well in this County as in Lincolnshire and the confines of them from the Town of Doncastre to the River of Trent and to do all things therein according to the Law and Custome of this Realm And in 8 H. 4. Henry le Scrope of Maâ—ham William Gascoigne Alexander Metham Thomas Bromeflete Richard Tirwhyt Alexander Lounde Hugh Arderne and Wil. Roâ—â—elyn had the like assignation for those banks upon the coasts of Humbre and Ouse from the River of Derwent to Hesyll and to proceed therein likewise according to the Law and Custome of this Realm By virtue of which Commission the said Henry le Scrope with his associatâ—s met at Hovedene upon Saturday next after the Feast of S. Laurence in the year abovesaid before whom the Jurors of divers Wapentakes of this County on the coasts of Humbre and Ouse from the River of Derwent to Hesill did present that there was and had been time out of mind a certain common Sewer called Aldederwent which did reach in length directly from the town of Hovedene betwixt the marsh and town of Knedellyngtone Askilby and Barneâ—y in Hovedenshire on the South part and the land of the Tenants in Hoveden Bernhill the Towns of Newsome and Lostsome in Spaldyngmore on the North part to the River of Derwent towards the West and so by the said River of Derwent unto the Ouse which ought to be xii foot in bredth and six in depth VVhich said Sewer the towns of Neusome Lostsome Birnd Knedyllyngtone Askilby and Barneby of right ought to clense and maintain by reason of their Lands and Tenements lying in those â—owns And that the said Sewer was not then repaired through the default of the Tenants of Nâ—wsome Lostsome Birnd Knedyllyngtone Askylby and Barnâ—by aforesaid And they also said that the before-specified Sewer betwixt Barneby mersh on the South part of the same and the land of Thomas Haukesworth in Lostsome on the North part aâ— the head of the said Sewer towards the VVest neer the said River of Derwent had bâ—en newly obstructed by the said towns of Newsome Lostsome Birnd Knedyllyngtone Askylby and Barneby insomuch as the lands on each side the same Sewer were
Roclyff Alexander Lound Will. Mostone and Thomas Maners for those in the Wapentakes of Hertelle and betwixt Ouse and Derwent and the Liberty of Holdenscire In 30 H. 6. to Iohn Portyngton Sir Thomas Metham Sir Iames Pykering Knights Raphe Babthorpe Guy Roclyff Henry Thwaytes Iohn Vavasour Will. Moston and Thomas Maners for the same Banks c. In 33 H. 6. to Iohn Nevill Esquire Nich. Girlyntone Iohn Vavasoure Geffrey Blakey and Henry Bury for the same So likewise in 37 H. 6. to the said Iohn Nevill Iohn Thwaytes Rob. Drax Raphe Reresby and Richard Knight And in 1 E. 4. to Guy Fairfax Iohn Vavasour Rob. Shefelde Edw. Saltmarshe Geffrey Blakey Iohn Haldynby Iohn Barker and Iohn Yeland In 5 E. 4. to Iohn Earl of Northumberland Sir Robert Constable Knight Iohn Pilkyngton one of the Esquires for the Kings body Iohn Vavasour Alexander Lounde Rob. Sheffeld junior Edw. Saltmersh Rob. Portyngton senior and Leonard Knight for those Banks c. in the Wapentakes of Herthyll and betwixt Ouse and Derwent and liberty of Holdenshire In 6. E. 4. to the same Earl Guy Fairfax Iohn Vavasoure Rob. Sheffeld Edw. Saltmershe Rob. Portyngton senior Geffrey Blakey Iohn Haldenby Iohn Berker and Iohn Yeland for those in the parts of Mersland betwixt the Rivers of Ouse Doone Ayre and Went. In 49 H. 6. to Iohn Marquesse of Montagu Sir Robert Constable Knight Guy Fairfax Iohn Vavasour Rob. Sheffelde Edw. Saltmershe Rob. Portyngtone senior Rob. Lucas and Leonard Knyght for those in the Wapentake of Hâ—rthill and betwixt Ouse and Derwent and liberty of Hovedenâ—shire In 13 E. 4. to Sir Thomas Borough Knight Thomas Fitz William Iohn Haldenby Richard Portyngtone Iohn Egmantone Rob. Haldenby Rob. Sheffeld Edward Saltmershe Iohn Vavasour senior and Thomas Belwode for those within the bounds of Marshland betwixt the Rivers of Ouse Went and Mardyke as also within the Isle of Arholme in Lincolnshire In 19 E. 4. to Richard Duke of Gloucester Henry Earl of Northumberland Sir Robert Constable Knight Sir Tho. Metham Knight Iohn Vavasour senior Iohn Vavasour junior Rob. Sheffeld Edw. Saltmersh Iohn Aske Esquire Rob. Portyngtone and Leonard Knyght for those in the Wapentake of Herthill as also betwixt Ouse and Derwent and liberty of Houdenshire And in 22 E. 4. to the same Commissioners for all the places abovesaid CAP. XXIII NOr were the improvements of this kind lesse antient in that part of the County lying nearer to the Sea for in 13 E. 1. the King being informed that both his own Lands and the Lands of divers of his good subjects were often drowned for the want of repairing certain Banks in Holdernesse on which the violence of the River of Humbre had made sundry breaches assigned Thomas de Normanvill to take a view of them and to see them speedily amended The like Commisâ—â—on in 23 E. 1. had Thomas de Weston then Guardian of all the said Kings lands in that part of this Shire So likewise in 1 E. 2. had Miles de Stapeltone and Raphe Lelle and in 2 E. 2. Will. de Vaus and the said Raphe Lelle In 4 E. 2. Iohn de Lisle Thomas de Fisheburne Iohn de Sutton and Adam de Hoptune were constituted Commissioners for the view and repair of the banks c. betwixt Hull and Paphel In 5 E. 2. the King being informed that the Sewer betwixt the Port of Hedone and his Mannour of Brustwyk wanted clensing and repair and that the chardge thereof in regard of his Demesnes there belonged to himself directed his special Precept to Edmund de Mauley then his Guardian of that Lordship commanding him to take order for to scour and repair the same In 6 E. 2. Will. de Houke Alexander de Cave and Robert de Sandale goverâ—our of the Town of Kingston upon Hull were assigned to view and repair the Banks upon the coasts of the Rivers of Humbre and Hull So also the same year were Robert Tiliol and Gilbert de Stapelton for those upon the coast of Humbre betwixt Esingtone and Hedone And the next year following the same King directed his Precept to the said Robert de Sandale then likewise governour of Hull and Guardian of the said Kings Mannour of Mitone that he should take xll. of the Ferm of the same town of Hull and issue of the Mannour of Mitone aforesaid and imploy the said money in the repair of the Banks and Ditches upon those Rivers of Humbre and Hull according to the discretion and view of Richard de Gretford and other honest men of that town And the same year had Walt. de Faucumberge the elder Herbert de S. Quintin Iohn de Barton of Oswaldkirke appointment to view and repair the Banks that were then in decay either upon the Sea-coast or coast of Humbre within the precinct of Holdernesse in this County In 9 E. 2. Iohn de L'isle Iohn de Donecaster and Robert de Sandale were directed to view and repair the banks c. for safeguard of the Mannour of Mytone neer Kingston upon Hull which had forcibly andriotously been broken in the night time by Gerard de Useflet Rich. de Anlouby Raphe de Nevill and others and to enquire touching that misdemeanour The like Commission in 10 E. 2. was directed to Robert de Hastang Alexander de Cave and Robert de Hedon to enquire of the breach of those Banks by Loretta the VVidow of Iohn de Usflete Iohn her son Gerard de Usflete and others In 12 E. 2. Robert Constable of Burton Gilbert de Rishetone and Rob. de Hetone were assigned to view and repair the Banks and Ditches upon the coast of the Sea and water of Humbre in these parts and in the Wapentake of Dykering in Yorkshire The like appointment in 1 E. 3. had Robert de Constable Robert de Hedon Rob. de Burton and Iohn de Thwaits So also in 10 E. 3. had Iohn Sutton of Holdernesse Simon de Grimesby Thomas de Burton and Amand de Forthingham In 12 E. 3. Margerie the VVidow of Robert de Botheby and the Burgesses of Hedon in Holdernesse did by divers Petitions exhibited to the King and his Council in Parliament represent unto them that whereas by a certain Sewer called the Sturch which goeth from the Town of Bond brustwyk through the midst of Hedon unto the River of Humbre and betwixt the lands of the said Kings Teâ—ants of his Mannour of Brustwyk residing at Bond brustwyk on the one part and the Lands of the said Margerie at Ryhill on the other all the said lands on both sides had been drayned time out of mind and not by any other Sewer And that by pretence of a certain Mandate from the said King under his privy Seal obtained at the sute of some of his said Tenants threatning to oppresse the said Margerie and alleging
that the course thereof had been newly diverted by her out of it's antient Chanel which Mandate being directed unto Simon de Grimesby the said Kings Steward there requiring him to reduce the same into it's old course divers trenches were made upon the banks thereof in the grounds of her the said Margerie at Ryhill through which it extended in several places where no current of water had ever been till that time by a number of armed people in those parts insomuch as the Lands and Meadows of her the said Margerie which lay neer to that Sewer were totally overflowed by the tides of Humbre and aswell she the said Margerie in danger to lose the whole profit of her said Lands and Meadows as those Burgesses who held the said Town of Hedon of the King by a certain yearly Ferm and for their better paying thereof used to receive much Commodity by Boats and other Vessels that had wont to be carryed to that Town by the water of the said Sewer which by the making of those trenches was then dryed up The King therefore for remedy thereof gave Commission to Iohn de Stonore Iohn de Molyns Robert Parnyng and Hugh de Berwyk to view the same and to rectifie what was amisse therein In 14 E. 3. Raphe de Bulmere Iohn de Sutton Iohn de Meux Thomas de Burton and Thomas de Cayton were assigned to view and repair the Banks c. upon the coast of Humbre in the Towns of Frismersh Tharlesthorpe Kayngham Ryel Burton Pidse and Halsham The like assignation in 16 E. 3. had Robert de Hilton Will. L'engleys Iohn le Constable of Halsham and Walter de Waldegrave for those in the Towns of Patrington Frisemersk Tharlesthorpe Otrygham Weynestede Frothingham Newsum Rymmeswell Outhorne Wythornes Redmayr Holaym Risum Holmton Thorpe juxta Wellewyk and Penysthorpe So also had Herbert de S. Quintin Richard de Ros Iohn de Sourdenhale and Robert de Wythornwyk for those from Lamwath bridge Northwards within this liberty of Holdernesse The chardge in supporting of which Banks and Sewers was such that the Inhabitants of Frismerk finding it very burthensome did in 18 E. 3. by Petition to the King and his Counsel in Parliament exhibited complained that their lands were often overflowed by the tides of Humbre and that they had been at a constant and very great chardge for the safeguard of them so that they could not pay such taxes and impositions as they had done being lesse able to maintain their said Banks for preservation of their Town than formerly and therefore humbly besought him that taking the premisses into consideration he would command that the Fifteen then granted to him in Parliament by the Commonalty of this Realm for two years ensuing as also all other Assessments for the future might be ratâ—d according to the value of the goods and Catalls which they then had in that Town VVhereupon the King compassionating their condition assigned Michael de Wathe Iohn de Constable of Hasham Robert de Sprotle Clerk and Iohn Sturmy his Commissioners to enquire thereof VVho did accordingly and certified that the said lands were very often overflowed by the before-specified River of Humbre as also that the third part thereof were totally destroyed and consumed by the tides and that the said Inhabitants had often been at inestimable costs for the safeguard of that their town and must still be the King therefore deeming it not consonant to rightâ— that they should be unduly chardged in any Tenths Fifteens or other Assessments for their lands so wasted and destroyed directed his Precept to the Assessors and Collectors of the Tenth and Fifteen granted to him by the said Commonalty of this Realm in that Parliament beforespecified requiring them that having farther information touching the value of the movables which they then had in that town they should assesse them accordingly and supersede the collection thereof according to the tax of the old Fifteen By virtue of which Precept the said Inhabitants of Frismerk being assessed at xxvis. viijd. per annum for each of the said two years the King sent his Mandate to the Barons of his Exchequer requiring them that in that Fifteen nor the like for the future to be granted they should not be rated at any greater summ The like Mandate was also directed to the Collectors of VVools for the Est-Rithing of this County for a proportionable abatement to the Inhabitants of the said Town of Frismerk upon the same considerations In 26 E. 3. Thomas Metham William Playce and Henry Greystoke were constituted Commissioners for to set up certain metes and bound-marks in the Kings Marshes and Fishings within the parts of Holdernesse in the presence and with the advice of honest and trusty persons of the Country so that the said King and others might have full knowledge of their severals in those Marshes and Fishings In the same year Iohn Sutton of Holdernesse Thomas de Seton Will. de Skipwith and Iohn de Wilton were appointed to view the Banks c. upon the coast of Humbre betwixt the Towns of Hesele and Ravensere as also upon the coast of Hull betwixt Beverley and Kingston upon Hull So also were Sir Robert de Hilton Knight Illard de Usflete Iohn de Bilton Peter de Grymesby and Will. de Hoton for those within the Precincts of Holdernesse and Ravensere unto Wistede in this County In 30 E. 3. the King being informed that the tides in the Rivers of Humbre and Hull did then flow higher by four foot than they had wont to do by reason whereof the common Road-way leading from the Town of Anlaby to Kingston upon Hull as also the lands and Pastures lying betwixt both those places and the Town of Hesell were overflowed and consumed And being also advertised that it would be necessary that the antient Ditch which had extended from the said Town of Anlaby to Anlaby ker should be new clensed and enlarged for the space of twelve foot in bredth and that from thence a new Ditch of xxiiij foot in bredth should be made extending to the Pasture of Miton neer unto the said Town of Kingston upon Hull and so through the midst of that Pasture unto the same town of Kingston by which Ditches the said waters at every tide might passe to and fro And that the said way ought to be raised much higher the said King by his Letters Paâ—ents bearing date the tenth of May in the year abovesaid assigned Thomas Ughtred Gilbert Chasteleyn Will. de Skipwith Thomas de Ingelby Iohn de Bentele and Iohn de Wilton to cause the premisses to be effected How long the tides upon this coast kept their course so much higher than they had formerly done I am not able to say but 't is like that they did so for no short time after there being scarce a year in the succeeding part of this
Kings reign that one or more Commissions were not issued out for repair of the Banks in some place or othâ—r upon this great River For in 31 E. 3. Robert de Hilton Iohn de Faucoberge and Iohn de Wilton were assigned to take care of those at Kaynghamflete then torn and broken by the violence of the VVaves The like Commissions were directed as followeth viz. in 33 E. 3. to Iohn de Botheby Iohn de Faucomberge Will. Fililod and others for all the Banks c. upon the coast of Humbre in these parts of Holdernesse So also to Iohn de Monceaux Iohn de Boutheby Iohn Sturmy and Peter de Grymesby for the same Banks c. and those in the VVapentake of Dykering In 34 E. 3 to Sir Thomas de Meaux and Sir Iohn Monceaux Knights Iohn de Botheby Clerk and others for those from Hull briggs to Ravensere And likewise to Nich. Damory Will. de Skipwith and VVill. Rys for those throughout both the VVapentakes of Holdernesse and Dykering In 36 E. 3. to VVill. de Skipwith Thomas Tirel Sir Iohn de Meaux Knight and others for those from Hullbrigge to Ravensere In 38 E. 3. to Thomas Tyrell VVill. Estfeld Thomas VVythornwyk and VVill. de Hoton In 39 E. 3. to VVilliam de Skipwith Richard de Ravensere and others for those betwixt a place called the Stelle of Sudcote and the town of Kingston upon Hull through the breaches whereof the lands and meadows adjacent were much overflowed In 40 E. 3. to Iohn de Bentele Will. de Estfeld Iohn de Wandesford the elder Thomas de Wythornwyk and Will. de Hoton for those throughout the whole Est Rything of this County In 41 E. 3. to Thomas Tyrell Robert Twyer Will. de Estfeld Iohn de Wilton and others for all those throughout the whole liberty of Holdernesse The like in 42 E. 3. to Thomas de Ingelby Will. de Fyncheden Roger de Kirketon and others So also in 43 E. 3. to Will. de Fyncheden Simon de Heslarton Iohn de Estbury Roger de Fulthorp and VVill. de Estfeld In 47 E. 3. the Abbot of Meaux having bâ—en presented for not clensing and repairing the Ditchâ—s and Sewers in these parts viz. Lambwath Munkedike Holdike and others pleaded that divers towns and persons whom he there nameth ought to contribute with him thereto and that he alone was not bound to undergo that chardge but the Kings Attorney replyed that he alone ought to do it therefore a Jury was summoned In the same year Sir Simon de Heselardton Knight Roger de Fulthorp Thomas de Beverlee and Walter de Ruddestone were appointed to view and repair the Banks c. in the Towns of Lokyngton Watton Scorburgh Kilingwyk and Besewyk which by the descent of the fresh waters from the Woldes into the Rivâ—r of Hull were broken And in 49 E. 3. Roger de Fulthorp Sir Thomas Tyrell and Sir Thomas Sutton Knights with others had the like appointment for those betwixt Cammeryngton Well neer Bonne Brustewyke unto Hedon and thence to Pauleflete upon Humbre directly on each side In 51 E. 3. Peter Hildyard commenced a sute against the Abbot of Meaux for not clensing of a certain Ditch called Munkedyke at Arnold and Ristone by reason whereof his Meadows and Pastures were drowned VVhereunto the Abbot answered that he had sufficiently scoured the same but that the said Peter and his Tenants for their better passage with Carriages did fill up the said Ditch with Timber Hay Straw and Dung so that the water was thereby obstructed in it's passage a Jury therefore were summoned c. In 2 R. 3. VVill Skipwith Roger de Fulthorpe Iohn Constable of Halsham Robert de Hilton Iohn de S. Quintin Robert de Plesyngton and VVill. de Holme were constituted Commissioners for the view and repair of the Banks c. throughout the whole precinct of Holdernesse In 8 R. 2. the same VVill. de Skipwith with VVill. de Burgh Iohn de Lokton Walter Frost and Will. de Holme had the like assignation for those betwixt Kingston upon Huâ—le and the Towns of Hesil and Anlaby So also in 10 R. 2. had Sir Iohn de S. Quintin Knight Iohn de Lokton Will. de Holme Robert Sturemy Hugh de Arderne and William Hundegate for those upon the River of Hull and parts adjacent from the towns of Killingwyk Scoreburgh Watton Besewyk Lokyngton and Rotsee to the Towns of Ake Eske Erughome and the Mannour of Berghe In the same year the King having received information that there was a certain Ditch at Rosse and Burton-Pydese newly made whereby divers Brooks were hindred of their antient course and the rain descending thereinto overflowed the Queens lands and meadows at Burton aforesaid and in other places he assigned Sir Iohn Conestable and Sir Iohn de S. Quintin Knights Iohn Frankish Rob. Sturmy and Iohn Redenesse to enquire thereof c. In 11 R. 2. Sir Peter de Bukton and Iohn de Thornholme together with the said Sir Iohn de S. Quintin and others were appointed to view and repair the Banks c. from the said towns of Kyllyngwike Scorburgh Watton Besewyke Lokyngton and Rotsee to Eske Erughome and the said Mannour of Bergh In 13 R. 2. Sir Iohn Constable Sir Iohn Kentwode and Sir Robert Plessynton Knights Thomas Claymond and Iohn Frankysh were assigned to view and repair all the banks c. in these parts of Holdernesse The like assignation in 17 R. 2. had Sir Iohn Constable of Halsham Knight VVilliam Gascoigne Iohn VVodrof VVilliam Holme Will. Hundegate and Hugh Arderne So also in 18 R. 2. had Sir Robert de Hilton Sir Iohn Constable of Halsham and Sir Robert Twyer Knights Iohn Markham VVill. de Holme Robert Tirwhit and Iohn de Rednes with direction to proceed therein according to the Law and Custome of this Realm And in 19 R. 2. Sir Robert Nevill Sir Iohn de Routhe Knights Peter de Nuthill Iames de Hotone Rob. Tirwhit VVill. de Nafreton Hugh de Ardern Iohn de Rednesse and VVill. Skyerne for those at Tyktone In 20 R. 2. Sir Stephan le Scrope of Masham Sir Robert Nevill Sir Iohn de Routh Robert de Garton Clerk Peter de Nuthill Iames de Hoton Rob. Tirwhyt VVill. de Nafredon Hugh de Ardern and Iohn de Redenesse were constituted Commissioners for the view and repair of all those within this liberty of Holdernesse with appointment to act therein according to the Law and Custome of this Realm and the Custome of Romeney marsh The like Commission in 1 H. 4. had Sir Robert Hilton and Sir Gerard Usflete Knights VVill. Gascoigne Rob. Tirwhyt Rich. Beverley and Iohn Rednesse and to do all things therein according to the Law and Custome of this Realme So also had Laurence de Allerthorp Clerk VVill. Gascoigne Rob. Tirwhit
high way which leadeth from the said town of Worsoppe to the Town of Dunham and from thence to the Rivers of Ouse and Eyre on both sides the Rivers of Idul North-Idull Done Wyk and Went in the Counties of Yorke Notingham and Lincolne And to make Statutes and Ordinances necessary thereto consonant to the Laws of Romeney Marsh c. As also to take up so many Labourers upon competent wages in respect of the great and urgent necessity of the work as should be requisite for that imployment So also in 17 H. 6. had Iohn Portyngton Guy Rouclyff Raphe Bapthorpe Peter Arderne Rob. Rouclyff and others for those upon the Sea-coasts and Marshes at Scardeburgh betwixt Southstele and the Hospital of S. Nicholas at Scardeburgh CAP. XXV IN this kind of improvement there was something also in Derbyshire as it seemeth and that very antiently though the particular places be not exprest for in 12 E. 2. there were two Commissions issued to certain persons of quality in this County for to view the banks Ditches and Sewers then broken and in decay in several parts thereof and to cause them to be repaired the first to Will. de Herle Richard de Wylughby Iohn Deincourt and Richard de Whatton and the second to the said Iohn Deincourt and Richard de Whatton together with William de Gretton and Roger de Breton CAP. XXVI TOuching the Banks and Sewers in this County the first mention that I find is in 11 E. 3. there being then a Presentment made in the wapentake of Bersetlawe against several persons for diverting the stream of the River of Iddle into the Hel-dyke without any penalty imposed upon them for so doing but they being summoned to appear in the Kings Bench to answer their doings therein said that the Shireeve had a VVrit to levy xl. upon them for damage the said Shireeve therefore was required by that Court to transmit the said presentment thither In 16 E. 3. the King being informed that the Rivers of Deven Smyte and Kersyk as also certain Ditches and places through which divers waters in certain parts of the vale of Belvoir within the Wapentakes of Bingham and Newerke betwixt the towns of Flintham and Orston so descending into the said River of Devene and thence into Trent did then run and had used to do were so much straightned by sand mud and plantation of trees that by reason thereof and for lack of certain trenches which would have been very necessary in those parts for the drayning and preserving the low grounds and meadows there the Lands Meadows and pastures of many people in those parts had been often overflowed by those waters and did so continue he constituted Iohn de Vaux Geffrey de Staunton and Iohn de Ker his Commissioners to view the said waters and Ditches and to cause new trenches to be digg'd in any of the said lands meadows or pastures there where need should be so that competent satisfaction were made to all such in whose grounds those trenches might happen to be cut according to the true value of the damage which would be thereby done thereto And in 25 E. 3. upon farther information that the said Rivers passing through the VVapentake of Newerk betwixt the towns of Staunton Kilvington Flanbergh Shelton Sibethorpe Syreston Eyleston Stoke Farmedone Thorpe Cotum and Houton and from those towns descending to the said River of Dyvene and thence into Trent were also in such sort obstructed as that the Lands Meadows and Pastures of divers persons were overflowed And moreover that the Bridges and Causeys at Wendlâ—sford Horscroft Bourbrig and Langbrig and divers other bridges and Causeys in those parts that there was scarce any passage at all by them in the VVinter time to the great peril of such as travailed over them the King appointed Geffrey de Staunton Thomas de Sibethorpe Iohn de Sutton Will. de Leyk and Simon de Leyk to view them and to cause new Chanels to be made where need should require making reasonable satisfaction to the owners of those lands through which they were to cut answerable to the damage which they might have thereby In 37 E. 3. Iohn Power Robert de Morton Oliver de Barton and Iohn Stirapp were assigned to view the passage of the River of Idel through the towns of West-Râ—tford Bolin Tilne Sutton Lound Matherseye Scroby Skaftâ—worth Claworth Everton and Herewell and to cause them to be clensed and scoured in regard that by their obstruction with sand weeds and the like the lands and meadows of divers persons had been overflowed and drowned The like Commission in 51 E. 3. had Raphe Lord Basset of Drayton Will. de Skypwith Roger de Kirketone and others for to view the Banks and Sewers betwixt Bykers dyke on both sides in this County and Done hevede and to cause them to be repaired where need was In 1 R. 2. Will. de Skipwith Robert de Morton Oliver de Barton Elias de Thoresby Iohn de Bekering Will. Power of Tylne and Iohn de Whetlay were constituted Commissioners for to view the course of the River Idâ—l through the towns of Elkeslay Gamelston Eton Ordeshale Est-Retford West-Retford Bolum Tylne Sutton Lound Mathersay Thorpe Scroby Scafteworth Claworth Everton Harewell and Hayton which for want of clensing had drowned the Lands of sundry persons and to cause the same to be scoured The like Commission in 18 R. 2. had Henry de Codyngton Clerk Iohn de Markham Sir Iohn de Burton and Sir VVill. Nevill Knights Robert Martell and Thomas de Sutton for certain Gutters in the vale of Belvoir and in the VVapentakes of Bingham and Newerk betwixt the towns of Langar and Bingham by the towns of Flyntham and Hokesworth and Hokesworth Thurvarton and Orston and other places descending unto the River of Dyvene and thence into Trent which Gutters were then also obstructed with sand weeds and other impediments to the great damage of the adjacent grounds by overflowing c. So also in 20 R. 2. had the said Iohn de Markham Sir Iohn Bozoun Knight and Richard Bercotes for the same Gutters and trenches which by reason of the like obstructions for lack of certain trenches that ought to have been made for the drayning of the grounds lying neer them especially overthwart Sireston meadow unto the said River of Devene with power to make new trenches where they should find it necessary and to compell every man having land capable of any benefit thereby according to the proportion thereof for to assist therein In 30 H. 6. Iohn Cardinal and Archbishop of Yorke Iohn Vicount Beaumont Sir Raphe Cromwell Knight Raphe Byngham Iohn Portyngton and others were appointed to view and repair the Banks and Sewâ—rs betwixt Bykers dyke and the River of Done on every side lying within this County and the Counties of Yorke and Lincolne and Confines of the same and
and covenable Laws and Statutes for the preservation of those Banks and Sewers according to the Laws and Customes of Romeney marsh As also to take and imploy so many Diggers and other Labourers in that work upon convenient wages as should be needfull for the same in regard of the urgent necessity of expedition to be had therein Howbeit after this time till the xith year of the reign of the late King Charls I have not observed any thing else of moment concerning these Marshes but then at a general Session of Sewers held at Glamford brigge upon the last day of March in the said year for drayning of the Fenns and Carrs lying on both sides of the before-specified River of Ancholme in the Lordships of Glentham Bishops Norton Atterby and several other it was then and there ordered by Will. Tirwhit Will. Anderson Marmaduke Darell Samuell Owfield Stephan Anderson Esquires and Richard Nelthorpe Gentleman his Majesties Commissioners that a Tax of s. iiij xiijd. should be assessed upon every acre of land found in a verdict of the said Session in the Towns and places aforesaid for the drayning of those Fenns c. and making a Sluse or Clow near the out-fall of the said River VVhich said summs being not paid accordingly the before-specified Fenns could not be taken in hand there was therefore another Commission shortly after directed to Sir Robert Bell Knight Sir Edward Ascogh Knight Sir William Pelham Knight Will. Tirwhit Will. Anderson Edmund Anderson George Glapthorne and Edward Tourney Esquires who by virtue thereof sate at Glamford brigge aforesaid upon the xxiiijth day of August then next following where they the said Commissioners did decree and ordain that those Fens should be forthwith taken in hand and to that end treated with some Forein Undertakers whose demands being found too high and all other Gentlemen refusing Sir Iohn Munson Knight of the Honourable Order of the Bathe a person eminently qualified with learning and sundry other ample endowments having a fair estate in this County and no small proportion of these surrounded Marshes out of a noble desire to serve his Country declared that he would be the undertaker thereof himself upon the terms that had been proposed by the Commissioners unto those Foreiners and to lay the greater obligation upon them left every Free-holder at liberty to adventure for his own share if they thought fit upon the same rates and giving them a months time to consider of it Of which offer most of the great Lords and owners of that Level accepted Whereupon the said Commissioners decreed First that he the said Sir Iohn Monson should and might forthwith set upon the work and accomplish it within the space of the six next ensuing years Secondly that all the said grounds being so drayned should for ever afterwards continue for meadow and pasture excepting some quantity thereof not exceeding CC acres which was to be left for Lakes and sikes for the reception of superfluous water within the same Thirdly that he the said Sir Iohn his heirs and Assigns should at their own costs repair and keep all Drayns and Sluses which were to be made conducing thereto And for the better preserving of the said work to make such new Drayns and Sluses with Cart bridges over them where need should be in such places as any six Commissioners of Sewers for the time being should think fit Fourthly that in consideration of this great work he the said Sir Iohn his heirs and Assigns should have and enjoy five thousand eight hundred and twenty seven acres of the said Fenns and Marshes dischardged from all Commons Titles Chardges Interest and demand of all or any persons whatsoever to be assigned and allotted to them out of the said Lordships or any six of them before the Feast-day of S. Michael the Arch-Angel in the year of our Lord 1636. to be enjoyed from the time that the said grounds should be adjudged to be drayned by the before-specified Commissioners Fiftly that if through the neglect of the said Sir Iohn Monson after the end of those six years the above-mentioned grounds should happen to be again surrounded and so continue for the space of one whole year together and that by view and judgement of the Commissioners the same should be so certified into the Chancery that then in case it were not again inned and made fit for erable within six months after such certificate transmitted into the Chancery it should be lawful for the owners of the said grounds and their heirs to enter into two thousand Acres of the said five thousand eight hundred twenty and seven Acres untill the said grounds so drowned should be again recovered by the said Sir Iohn Monson c. Sixtly that every person who had lands adjoyning to those drayned grounds which should happen to be bettered by this drayning should pay unto the said Sir Iohn his heirs or Assigns for every Acre so improved so much as by six of the Commissioners of Sewers for the time being should be adjudged fit Seventhly that in case the said River of Ankolme should in order to this drayning be diverted by any new cut such Lords of Mannours and others as have had liberty of fishing in the old Chanel should in lieu thereof have the like benefit and liberty in the new Eighthly that where any mans ground should happen to be cast from his Lordship to the other side of the River the same person his heirs and assigns to have free ingresse and egresse to and from the same through the Lordship of him to which it should be so cast VVhich Decree of the before-specified Commissioners was exemplified under the great Seal of England by the Kings Letters Patents bearing date 27º Octobris 14º Caroli After which at another Session of Sewers held by adjournment at Glamford brigge aforesaid the fourth day of May in the xiiijth year of the said K. Charles by and before William Amcot Iohn Broxholme Marmaduke Darrell Thomas Nethercot Roger Gregory and Mich. Mounckton Esquires Tho. Hely Hen-ry Sandwith Iohn Barnard Edw. Nelthorpe Tho. Farmery and William Darvin Gentlemen Commissioners appointed for this Level upon the River of Ankolme extending from Bishops brigg on the South to Ferriby brigg on the North and from thence to the low water mark in Humbre and into the Mannours of Glentham Bishop's Norton and divers others after recital of the Decrees and Ordinances made in the two former Sessions of 11º Caroli before taken notice of And that at a Session of Sewers held likewise at Glamford brigg aforesaid by and before William Amcott Marmaduke Darrell Iohn Broxholme Esquires and others it was adjudged and declared that the said Sir Iohn Monson had with the expence of great â—umms of money well and sufficiently drayned and recovered those Fens and surrounded grounds according to the tenor of the said Law made the 24th of August in the said 11th year of King Charles the said Will. Amcott and
therein to the said Commissioners at Sleford And about two years after this there was a Presentment made in the Court of Kings Bench that the Chanel of this Rivâ—r in Wildemore neer Coningesby was bending and defective betwixt the said River and a Sewer called Muardyke in Coningesby so that the Marshes of Wildemore and Bolingbroke were overflowed and drowned thereby and that this was through the default of the said Town of Coningesby who ought to repair the same In 1 R 2. William de Skipwithâ— Raphe de Threske William Vincent and William de Candelesby were constituted Commissioners for to view the defects in repair of a certain Ditch lying betwixt Snartford bridge and the before-specified River of Wythom and to enquire who ought to repair the same And in 6 R. 2. the King being informed that the said River of Wythom as also that of Brant and certain Ditches and places whereby divers waters in the County of Noâ—ingham and this of Lincolne did and had used to run from the Town of Cleypole and so down by Lincolne unto the same River of Wythom were so choaked up with mud and obstructed with the planting of Trees that by reason thereof and of certain Floud-gates the current of the said water being hindred the lands meadows and pastures of divers persons had been very often overflowed and did at that time so continue he assigned Iohn Bussy Henry Asty Thomas Claymond and others to view the same and to make the said Chanels and Ditches larger so that they might be xl or xxx foot wide betwixt the Banks and ten foot in depth The like assignation had William de Crosseby Iohn de Rocheford of Boston Iohn de la Launde of Pynchebek Thomas de Tofte and Iohn Waleys in 18 R. 2. for the view and repair of those Banks and Sewers betwixt Hill dyke and Bullingbroke and betwixt this River of Wythom and the Sea and to do all things therein according to the Law and Custome of this Realm and according to the Custome of Romeney marsh As also to take so many Diggers and Labourers upon competent salaries in regard of the then urgent necessity as should be sufficient to accomplish that work So also in 3 H. 5. had Sir Robert de Wylughby and Sir Thomas de Wylughby Knights Iohn Cokayn William de Lodyngton Iames Strangways and others for all the Banks and Ditches from this River to the Sea and to proceed therein according to the Law and Custome of this Realm CAP. XXXII Observations touching the whole Great Levell HAving now done with all the Marshes situate within the Province of Lindsey in this County and continning still my course South-East wards I come next to that Great Levell which extendeth it self from about Halton Toynton in Lincolnshire through a good part of six Counties viz. Lincolne Norfolk Suffolk Cambridge Huntendon and Northampton being in length no lesse than Lx miles and in bredth from Peterborough in Northamptonshire to Brandon in Suffolk neer fourty miles all which excepting the Isle of Ely and some few places of that Kind as also Holland in Lincolnshire and Marshland in Norfolk both which have been long ago by great industry gained from the Sea as I shall clearly shew by and byâ— were for the space of many ages untill of late years a vast and deep Fen affording little benefit to the Realm other than Fish or Fowl with overmuch harbour to a rude and almost barbarous sort of lazy and beggerly people But before I begin to manifest how and by what means the drayning improvment thereof hath been accomplished it will be proper I conceive to shew 1. First what this large and spacious tract originally was 2. Next how it came to be overflowed by the Sea 3. How Holland and Marshland were first gained from the Sea 4. How the main Levell before-mentioned came first to be a Fen. 5. The rise course and outfalls of the several Rivers passing through it 6. How those their outfalls became obstructed 7. The vast extent and great depth of the fresh waters occasioned by these obstructions of their out-falls What this great Levell was at first THat this vast levell was at first a firm dry land and not annoyed with any extraordinary inundation from the Sea or stagnation of the fresh waters I shall now endeavour to manifest which may perhaps seem strange to many but when it is well considered that Timber-trees will not grow and thrive where water for the most part stands or in Moor which by tract of time is bred and increased in such moist places both the one and the other may with much probability be granted The casebeing then thus stated it nowremains for me to prove that such have heretofore been bred and prospered in sundry parts of this now Fenny Country which is no hard matter to do divers persons yet living being able to testifie that in the late digging of those Chanels anâ— Drayns as have been made for the exsiccation thereof great numbers of such Trees of several kinds have been found most of Oak and Firr and few of them severed from their Roots but of such as be so severed the Roots are observed to stand in the firm earth below the Moor of which sort I my self have seen some that were taken up in the Fens neer Thorney and have had credible information of multitudes found in other places whereof some were digg'd up at the cutting of that large Chanel called Downham Ea which extendeth it self from Salters lode about four miles Northwards towards Linne Moreover in Marshland about a mile VVestward from Magdalen bridge at the setting down of a Sluse very lately there was discovered at xvij foot deep divers Furze bushes as also Nut-trees pressed flat down with Nuts sound and firm lying by them the bushes and Trees standing in solid earth below the silt which hath been brought up by the inundations of the Sea and in time raised to that great thicknesse Add hereunto what I have already observed in the Isle of Axholme touching the Trees of Oak and Firr found in such great numbers at the making of those Ditches and Sewers for drayning of that Fenn which though it lye not contiguous to this out of all doubt is on the like levell and was apparently a woody Country at the first To give farther instance therefore to demonstrate so evident a truth there will be no need so that I shall hence proceed and in the next place manifest upon what occasion this great alteration grew CAP. XXXIII How it became overflowed by the Sea GRanting therefore that this Country though lying flat and low was not originally annoyed with the inundations of the Ocean or any stop of the fresh waters which might by overflowing and drowning make it fenny and considering the situation thereof to be such as that it is bounded on all parts by the high lands in the form of an Horshoo excepting towards
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
Precept to William Fraunk then his Eschaetor in this Countyâ— that he should forthwith make Inquisition and certify whether it would be to the damage of him the said King or his Subjects if the said Customs were granted unto the beforementioned Gilbert for the purposes above expressed And accordingly the said Eschaetor did certify that it would not be prejudicial to the said King or any others to make such grant Upon a Presentment exhibited in the Court of King's bench in 28 E. 3. the town of Thurleby was dischardged from repairing a certain Chanel called Edyke any farther than from Catebrigg to Boston cote and thence to the Cross next unto Boston cote In 40 E. 3. the Lady Blanch Wake complained to the King that whereas she was then possessed of the Fen called Depings ei as parcel of the Mannour of Deping which she held in dower of the inheritance of Ioan at that time wife to Edward Prince of Aquitane and Wales commonly called the black Prince And that the said Fen by reason of the passages of the Rivers of Weyland and Nen as also of other waters to the sea which descending through those Marshes were hindred of their right course by Floudgates Mills and Pooles then newly raised upon those streams as also by piles and stakes therein fixed and trenches made and likewise by breaches in the said banks and for default of scowring the sewers were so overflowed that the said Blanch or any other persons could scarce receive any commodity in the same Fen as they had used to do He therefore assigned Simon Symeon Roger de Meres Iohn de Repyngale Thomas de Pinchebek and Reginald de Tykesore to view the same and to take care for the amendment thereof In 41 E. 3. the Abbot of Kirkstede was upon a pleading acquitted from the scouring of a Ditch called Stopdyke for which he was presented before Gilbert de Umframvill Earl of Anegos and his fellow Justices of Sewers In 50 E. 3. there was a Presentment exhibited against the said Gilbert for taking of Toll of all vendible commodities carried in Boats from Boston to Kesteven whereunto he pleaded that he did take that Toll for scouring the Chanel called the Ee of Kyme which passed through the midst of his Mannour or Lordship of Kyme betwixt Doc dyke and Brentfen to the river of Wythom and was the very water specified in the Presentment and there called Home milnedike on both sides which Chanel was then so filled with mud that Ships and Boats could not pass through it untill that he the said Gilbert by virtue of the King 's writ of Ad quod dampnum did clense and scour the same and by his royal Charter granted License to the said Gilbert and his heirs to take Toll of such Vessels bringing those commodities As to the condition that Brunne Fen and Deping Fen stood in it was thus certified in 4 R. 2. after the death of Blanch the Widow unto Thomas Wake of Lydel who then dyed seized of the Castle and Mannour of Brunne which she held in dower for the term of her life viz. that the Marsh called Brunne fen did extend it self from a certain place called Arfth wenth to Potter lane in Brunne thence to Merton thence to Litildyke and thence to the Ditch belonging to the Prior of Spaldyng And that the profit of the turfs digg'd yearly there amounted to Cs. And the profit of Strangers Cattel there agisted annually as much And moreover that there was a certain yearly commodity called Poundage taken in the said Fen for the strange Cattel for Greshyre from Morton to Sekholme and thence to the Gates of Wrigbolt and thence to Dewe hirne and thence by Brunne Ee to Goderhamcotes and thence to Estcote and thence to the Cross at Esthowe and thence to Medylhowe and thence to Arfth wenth which poundage was worth by the year iiiis And that the Marsh called Deping fen did extend it self from East Deping to the middle of the bridge of Crouland and the middle of the river of Weland and thence to the messuage of William atte Tounesend of Spalding and thence to a certain place called Dowe hirne thence to Goderhamkote thence to Estcote and thence to Baston barre thence to Langtoft outgonge and thence to East Deping in length and bredth And that the agistments of all Cattel in the said Marsh did then belong to the Lord and were worth annually xxl. And moreover that there was a certain profit of turfs yearly digg'd therein worth xxl. And likewise a profit of poundage to be yearly twice taken of all Cattel within the same Marsh viz. one time of Horses and afterwards of Cattel whereupon all Cattel which have right of Common there are delivered with payment of Greshyre but of other Cattel the Lord had Greshyre which was worth xxl. per annum Also that there was within the said Marsh a certain profit of Fishing newly taken by reason of the overflowing of the waters on the North part towards Spaldyng which was yearly worth viil And that the other profits of Fishing and Fouling throughout the whole Fen was then worth Cs. And lastly that the fishing to the midst of the river of Weland to Crouland and thence to Spaldyng was yearly worth Ls. In 5 R. 2. upon a pleading in the Court of King's Bench it was found that neither the Abbot of Brune nor the Town of Brune ought to repair the Sewer called E-dike from Goderamcote to Estcote and that their predecessors nor ancestors did ever repair the same nor any part thereof therefore they were dischardged In 11 R. 2. Henry de Percy Earl of Northumberland Iohn de Beaumont Sir Nicholas de Hebden Knight and others were constituted Commissioners for the view and repair of the Banks Ditches and Sewers lying betwixt Lincolne and Brig dyke which by the overflowing of the Fresh waters were then broken in divers places and to proceed therein according to the Law and custome of this Realm The like Commission in 14 R. 2. had Will. Thorpe Anketine Mallore Will. Thirnyng Richard Sydenham Will. de Crosseby and Iohn Goffron for those Banks and Sewers from Cadebrig to Dunnâ—sby through the midst of Thorleby fen and the parts adjacent In this year upon question betwixt the Inhabitants of Kesteven and Holand touching the bounds betwixt those provinces there was a Commission granted by the King to Robert de Willughby Philip le Spenser Raph de Cromwell Will. de Skipwith Will. Thirning Richard Sidenham Iohn Markham Edmund de Clay and Robert de Mantell to enquire thereof Whereof a Perambulation was made and an Inquisition taken at Brigge dikes by the Oaths of Andrew de Leake and others of the parts of Holland and of Iohn Paynell and others of this province of Keâ—â—even which was also exemplified under the great Seal In pursuance wherâ—of there were ten Crosses eâ—ected in several places for meâ—es and divisions of
thereof than at it's entrance therefore that those Weltres should be viewed on both sides from that messuage by such persons who had the frontiers unto the place called Dounechirne on the South side of the said River unto Matehirne and on the North side of Douncechirne unto Godramscote that they be new agisted and every man assessed according to the proportion of what he held the Agistment antiently having been by Fees and the residents upon those Fees which Fees and residents were then come to nothing and far off nor was it known in whose hands they were insomuch as every year the Marshes on each side the River were drowned And they said that the current of water passing under every Bridge of that River ought to be xij foot in bredth at the least it being then too narrow And they likewise presented that Galwe gote ought to be repaired anew by the said town of Pinchebec and all the Land-holders in Spalding on the North side of Westlode and that the Sewer thereof ought to be xvi foot in bredth as also that neither Flax or Hemp should be watered in that Sewer upon pain of forfeiture thereof And also that Chillegote did then want repair and that the Sewer leading thereto should be made in bredth xx foot from Bucifen gate unto that Gutter And they said that the Sewer leading from Galwe gote unto Chillegote under the bottom of the Sea-bank by the town side ought to be made twenty foot in bredth And that the Sewer passing to the Gutter of Scobdyke within the Town ought to be xij foot in bredth unto Lostbridge and from thence unto the said Gutter to be xx foot in bredth And that the Watercourses under every Bridge beyond those Sewers ought to be made six foot in bredth at the least and that the said River and all the Sewers of the said town of Pinchebec should thenceforth be clensed and made of the before-specified bredth by the Inhabitants there and all others who had benefit thereby as often and whensoever need should require And they presented moreover that for preservation of the Town of Spalding the Sewer of Peâ—eholme gote unto the old Fen dyke ought to be scoured and repaired as it had antiently used to be viz. from the said Gutter to Capelbrigge twenty foot in bredth and from that old current unto the Hergate eighteen foot and from the Hergate in the antient course unto the Oâ—d-Fen dyke in bredth xvi foot and that the said Gutter and Sewer were in decay through the default of the Tenants of the Abbot of Croyland and the Free-holders of the Prior of Spalding and the Tenants of the Abbot of Angiers And the said Jurors by Decree of the before-mentioned Justices did then value the several Acres of land out of which the said Sewers and all the other Sewers of that Town were to be enlarged to the value of four Marks of silver more than they had wont to be rated at And they presented that Coldale gote ought to be repaired and the Sewer belonging thereto to be xvi foot in bredth And that Fulnegote stood in need of repair and the Sewer thereof to be xx foot in bredth from the Smal gate to the said Gutter And that the current of water under every Bridge of the said Sewer was in bredth xij foot and that thenceforth neither Flax or Hemp should be dieved in the said Sewers nor in any Sewers belonging to the said town and lastly that Stelegote should be repaired in it's antient place And the said Jurors farther presented that all the Frontiers from Fulnegote unto the Abbot of Croyland's Mill in Spalding were then broken through the default of the Inhabitants there and therefore it was ordained that they should be repaired as antiently they had wont to be so that Horses with their Furniture might passe that way viz. from Peccebrigge to Coldealegote on the East side of the River and from the great Bridge unto Ratun Row on the West thereof And that every man should defend his Frontier with Piles aad stones where need required And they said that the Road-way leading from Ratun Rowe unto the House of Iohn fitz Simon ought to be so broad as that two Carts might meet thereon and therefore they decreed that so it should be So likewise from the House of Emme Colin unto the Bridge of Wectlode out-fall and so to Peccebrigge and from Coldalegote to the Abbots Mill And that of necessity the Fen-bank from the Abbot of Croiland's Mill unto Pichale should be raised two foot And that the great Bridge called Spalding brigge was then broken ought to be repaired at the chardges of the whole Town aswell religious as secular persons and in like sort Batemannebrigg from Westlode As also that the Marsh Banks being then broken in divers places should be repaired and afterwards a new Agistment made of them because many Lands and Tenements in that Town were never Agisted And they likewise said that Halmergate Newgate Fulnedrove Spaldingdrove and â—â—e Old Fen dike ought to be repaired and that turf for that purpose be not digged in those places to the damage of the Commonalty nor ....... And that the Hevidings betwixt Spalding and Weston abutting upon Weston mere by the Frontiers and to be made in thicknesse xij foot so that the waters of Weston enter not into the fields of Spalding by means whereof the fields of Spalding on the East part of the River of Spalding were drowned every year And they said moreover that the Gutter of Wike was then broken and ought to be repaired by Weston and Spalding And that Cosnergate was also broken and ought to be made and likewise the Sewer to be xij foot in bredth And they also ordained that all persons dwelling neer to the Causeys in the Town of Spalding and likewise in Newgate were obliged to scour the Gutter against it's breach And that thenceforth Fisher-men should not prejudice the Common Sewers by Lepes Weeles or other obstructions whereby the passage of the waters of Spalding and Pinchbec towards the Sea might be hindred And they said that all the Ditches carrying waters to the Common Sewers should thenceforth be opened according to the Ordinance of the Wardens of Spalding and Pinchbec And that from thenceforth no man should stop the course of Westlode by dung or the like it being a Common Sewer as also that the Gutter neer the House of Thomas Kaunt in Ratunrow should be repaired and the Sewer thereof in bredth ten foot and the Sewer of Aufinesgote in bredth xvi foot And they likewise said and ordained for the Town of Spalding and for the common profit that all persons aswell rich as poor should be obedient to all Mene-works to be made aswell in the Sewers as in the Marsh and that every man having one messuage and ten acres of Land should find towards that work one Tumbrell and he who had lesse one able man of eighteen years of age at the
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
of Spaldyng ought and had used to repair and maintain a certain common Sewer called the Priors Ee in Sutton within this province from a certain place called Tydde graynes in Tydde S. Maries to Outbroken in Sutton aforesaid and so going into Priors fall together with certain bridges upon the same Sewer viz. one overthwart the Priors Lathes another called Crosse gate brigge and another called Randolf brigge which were then in decay to the great damage of the said Town of Sutton and the whole Country And that the said Sewer ought and had used to be repaired with the bridges before-specified by the pedecessors of the then Prior and by the same Prior by reason of his lands in Sutton aforesaid Whereupon the Shireeve having command to summon the said Prior to anâ—wer this chardge he appeared by Thomas Spenser his Attorney and denyed that he ought to perform those repairs alleging that the said Prior and his Predecessors had been seized time out of mind of the Mannour of Gannok in Sutton aforesaid as in right of their Monastery of Spaldyng whereof the said Sewer so supposed to be a common Sewer was parcell And farther said that the same Sewer had been made from the time aforesaid by the Predecessors of the then Prior in their own proper soil and within the precinct of that Mannour for drayning and avoiding away of the waters within the same for their own and their Tenants advantage and that no mans Land else ought to be drayned thereby And farther affirmed that it was no common Sewer as also that the said Prior and his Predecessors neither ought nor had used to repair the before-specified Bridges as in the said presentment was set forth Whereupon a Jury being summoned and sworn they said upon their Oaths that the said Sewer was a private Sewer made by the Predecessors of the then Abbot for the drayning of the waters out of the said Mannour of Gannock for their own and their Tenants sole benefit and that it was never any common Sewer In 1 E. 4. Richard de Welby Richard Pynchebec Iohn Pynchebek Leonard Thorneburgh and Richard Fendyk were constituted Commissioners for the view and repair of the Banks Ditches and Sewers from Skegnes Dodyngtone-Pygot to Tydde gote and to proceed therein according to the Laws and Customs of this Realm and of Romeney marsh Howbeit from this time until the xiijth year of the late Queen Elizabeths reign I have not seen any thing else considerable in reference to the Banks and Sewers of this province but then viz. on the xxith of September Sir Henry Clinton Knight Anthony Thorold Robert Carre Leonard Irby Iohn Bushey Esquires and others at that time Commissioners sitting at Boston and by Inquisition taken before them upon Oath finding that the Sewer called called Merlode could not without an excessive chardge convey away the water falling thereinto nor have any fit place at the out-fall thereof whereon to erect a sufficient Gote decreed that it should be scoured and made xvi foot wide and six foot deep from the in-fall out of the Fen unto a certain place called Elwood Elmes by the Townships of Quadring and Donington next adjoyning before Martinmasse in An. 1572. And that from Elwood Elmes it should be turned and made of the like bredth and depth at all times thenceforth by the Inhabitants of of the said Town of Quadring to Gosbertown Ee through divers grounds in the said Decree mentioned And at the falling thereof into the said Ee that there should be a substantial stone-bridge made and erected for the publick Road way there at the chardges of Quadryng and Donyngton aforesaid and likewise a Dâ—m at their like chardges at Partye bridge And moreover that the said Inhabitants of Quadring and Donington should for ever hereafter enjoy for the Commodity of their said water-course of Merlode the same drain called Gosberkirk Ee under the Sea dyke from the in-fall of Merlode thereinto and from the said Dam to be made towards the Sea unto the Gote which thenceforth should be appointed to be made for them and their said Drayn of Merlode by all the limits thereof after also to be expressed unto the out-fall of that their Drayn into the Sea at their private Drayn In consideration whereof they decreed that the said Townships of Quadring and Donington should make a another sufficient Drayn in Gosberkirke Ee aforesaid to stop and turn the Watercourse of Rysegate out of and from the old course thereof towards the Sea-dyke aforesaid at a place in Gosberkirk neer unto Challan bridge where they decreed that a bridge should be made and set up at the chardge of the said Townships of Quadring and Donington And that then the said Townships should scour a new Drayn from thence of the like bredth and depth by the limits after to be specified which shall be called the New Ee of Surâ—let and Gosberkirk the accomplishing of these directions being most beneficial for the receipt and speedy conveyance of the waters both of Kesteven and Holand from the said old course in Rysegate Ee by the same New Ee in form before recited And by a Decree of Sewers made at Helpringham 22 Iune xvi Eliz. it appearing that the New gote set in the Sea-dyke of Surflet at the chardge of the Inhabitants of Donyngton and Quadring by virtue of the Decree made at Boston 21 Sept. 13 Eliz. above-mentioned did of a sudden after three weeks setling thereof sink into a Quick-sand It was ordered that the same should be made again more substantially and set upon a better and firmer Foundation In which year also Richard Bertye Esquire Rob. Wingfeld the elder Edmund Hall William Fitz William Esquire and others being Commissioners and sitting at Burne the fifth of Iuly ordained That the Sewer called Repingale South dyke should be dyked from Berhom-pooles to Irelode and thence to the Beche in bredth xij foot at the least and depth six by the Township of Pinchebeck before Michaelmasse following upon pain of every rode not done 3s. 4d. Likewise that Irelode drain should be sufficiently dyked and banked by the Townships of Dowsbye and Repingale for their limits and from thence to the Beche by such Townships as by the Laws made at Sempringham mense Sept. 8 Eliz. was appointed upon the like penalty Moreover that upon the Sewer called Newdike two new bridges should be erected at Rusgate Ee mouth by the inhabitants of Gosberkirke and Surflete in their limits one in Quadring up-fen against the common way coming from Westrop and one other within the limits of Byker in Hekendale-Wathe over to Hekendale Hills of such height as Boats might well passe under and to be done by the Inhabitants of Quadring and Byker before All-hallow tide then next ensuing upon pain of an Cs. for every bridge not finished As also that one bridge over the said Sewer at Kyrton Fen another at Frampton Fen and another at Lichfeld end should
of Crabhous with some lands belonging thereto all being then waste and in the nature of a Fen But afterwards the Inhabitants of that place and of divers other came and with drayning and banking won as much thereof by their industry as they could And that they might the more securely enjoy the same were contenâ— to be Tenants for it unto such great men of whom they held their other lands and upon this occasion by a common consent amongst themâ— was the old Podike first raised about the year MCCxxiij 7 H. 3. Nor was a great part of this Country any other than a Marsh about that time for by that Precept to the Shireeve of Norfolk for giving unto Hubert de Burgo then Justice of England the like possession thereof as he had in King Iohn's time when he went into Poictou for the serviâ—e of that King it was so called and bounded with the Towns of Wigenhale Welle Hagebeche Tilney and Tirington which I take to be little lesse than half Marshland all which was soon after restored to the Church of Ely as having a better interest to it than this great man But notwithstanding the said Bank called Podike so made as hath been said it seems that the Marshland men had no cleer title to the whole soil whereon it was erected Will. Bardolfe at that time Lord oi the Mannors of Stow Wimbotesham and Dounham Lordships lying on the other side of the Ouse chalenging some right therein for in 35 H. 3. they came to an agreement with him by a Fine levyed before the Justices itinerant at Norwich in the xv of S. Martin the principal parties to the said Fine being the then Bishop of Ely the Prior of Lewes the Abbots of Ramsey Dereham and S. Edmundsbuâ—y Thomas de Ingaldesthorp and Will. de Shouldham By which Fine the said Will. Bardolf quitted all his title in the whole Marsh called West fen through which the same bank extended unto the said Bishop Prior Abbots c. and their successors for ever And they to him and his heirs the before-specified old bank viz. Podike and an Cxx acres of marsh with the appurtenances lying in the said West fen within the same bank Northwards containing xij furlongs in bredth About three years after the Sea-banks of this Province wanting repair the Shireeve of Norfolk was required to distrain all those persons in the Lete of Clenchwarton and West Len who were Tenants of such lands as ought to repair those Banks in such sort as they had wont to be repaired for repelling the inundations of the Sea and fresh waters which Tenants to have afterwards allowance for the same from their Landlords What was then done therein I find not but within four years ensuing it appears that the Inhabitants of this Country had exceeding great losse by the breach both of the Sea-banks and those which should have kept off the fresh waters insomuch as the King being advertised thereof commanded the Shireeve of Norfolk that he should forthwith distrain all the Land-holders who might have benefit thereby to repair and maintain those Banks and Ditches according to the proportion of their said lands lying within the bounds of them And the next year following upon more damage hapning by a new inundation of the Sea through the breach of those Banks towards Wisbeche within the liberties of the Bishop of Ely having required the said Bishop to distrain all his Tenants within this Province of Mershland and elswhere within his said liberties who had defence and safeguard thereby according to the quantity of their lands lying within the said Banks to repair and maintain them as they ought and had used to do he sent his Precept to the Shireeâ—e of Cambridgshire thereby chardging him that after the said Bishop had so distrained his said Tenants as abovesaid he the said Shireeve should not dâ—liver any Cattel so taken by way of distresse without the Kings special command In 16 E. 1. Will. de Carleton and Will. de Middilton were constituted Commissioners to enquire of certain breaches in the Banks of Robert de Scales in the Hawe and Ilsington in this Province and to distrain all those who ought to repair them The like Commission had they the next year ensuing for the view and repair of the Banks in Tilney and Ilsington then broken by the raging of the Sea So also in 18 E. 1. had the said Will. de Carleton and Will. de Pageham for the banks called Pokediche Siwellediche Fendiche and Gildangordiche then broken by flouds in divers places In 21 E. 1. the Inhabitants of this Country made a grievous complaint to the King importing that whereas the bank called Pokediche was antiently made and had till that time been maintained by them for the safeguard and preservation of those parts against flouds of water certain Malefactors having a purpose to do them mischief had made a hole in the said bank and did by force and arms hinder those that would have stopt it by reason whereof aswell the tides from the Sea as the fresh watâ—rs overflowed the Pastures lying within the precincts thereof the said King therefore being very sensible of this great injury assigned Peter de Campania Thomas de Hacford and Adam de Shropham to enquire by the Oaths of honest and lawfull men of this County who they were that did make this breach and to hear and determine of that trespasse And the said King being informed that in case the fresh waters coming by Utwell could have their course to the Sea in such sort as that they might not mix with the waters running in Mershland this Country of Mershland by that severing of them would be much amended he commanded the said Commissioners that they should forthwith go to the Town of Utwelle and there take order that the said fresh waters so descending that way should have their due and antient course to the Sea as formerly so that this Country of Marshland might have it's Drayn to the Sea by the same out-fall The next year following the King directing his Commission to Simon de Elysworth and Thomas de Hageford to enquire touching the defects in repair of the Bank called Pokediche as also of other Banks and Sewers in this County the Jurats for the Hundred of Frethbrigge by virtue of the said Commission did upon their Oaths present that through the default of the Town of Wigenhale in making and repairing of their Ditches above the Podyke great losses had hapned in those dayes to these parts of Mershland so that the lands of divers men were drowned by the inundations both from the Sea and fresh waters And they also said that the said Pokedyke could not be sufficiently repaired before the Feast of the Nativity of S. Iohn Baptist for the safeguard thereof and of the Country in regard that certain men of Wigenhale had divers lands lying adjacent to the same Bâ—nk
and some not so that no earth could be digged there withont the good will of those whose lands adjoyned thereto Whereupon the said Commissioners decreed that by the oversight of Iohn de Wykenhale Iohn de Reynham Adam de Blowere and Alexander de Walpole who were deputed thereto upon their Oaths earth should be taken off those mens lands which lay so there for the repair of the â—aid Bank giving a valuable consideration for the same according to the judgement of those persons so sworn and that the repair thereof should be accomplished before the said Feast of the Nativity of S. Iohn Baptist upon penalty of an C. Marks At that time did the Jurors also for the Hundred of Clakelose present upon their Oaths that there was a certain Band betwixt the Town of Utwell and the Priory of Molycourt which bank the Land-holders betwixt it and Pokedike ought to repair and raise higher for the advantage of the bank of Pokedike and defence of the Country viz. Thomas de Ingaldesthorpe Iohn fits Gilbert and others wherefore the Shireeve had command to distrain them by all their lands betwixt Utwell and Molycourt till the said Bank was repaired as it ought to be Afterwards upon Wednesday after the invention of the holy Crosse in the 23th year of the same King Edw. 1. the said Justices made another Inquisition by Robert de Hakebeche and others who said upon their Oaths that of necessity the water of Upwell ought to be stopt at the house of Raphe Smyth of that town and that the antient course thereof ought to be scoured and enlarged from the Sluses of Elme to that stop in Upwell to the bredth of xl foot and deeper by six foot than it was at that time And they also said that it was necessary that the said water of Upwell should have it's course by the Little lade and a place called Wadyngstowe untill such time as the before-specified Sewer could be clensed repaired and so enlarged And they said that Tyd S. Giles Neutone Leveringtone Wisebeche Elme and Upwell of the County of Cambridg should at their peculiar costs repair the one half of that Sewer and that Robert de Scadeworthe Steward of Ely did undâ—rtake for that moytie And the Town of Wygenhale on the part of Marshland Tilneye Tyringtone Walpole Waltone Utwell Waisokne Enemethe Clengwartone with the Commoners in Marshland Common to repair at their costs the other moytie so that all those Land-holders above the said stop at Upwell towards Meremaund should be totally quit of any contribution thereto And the said Steward of Ely on the behalf of the said Couâ—ty of Cambridge was to superintend Iohn de Fictone and Adam de Blowere Assessors and Collectors for the Town of Wygenhale Philip de Fenne and Stephan fitz Walter Assessors and Collectors for the Town of Tâ—lneye and the Hamlets William de Sybille and Iohn de Dulingham Assessors and Collectors for the Towns of Tyringtone and Walpole and Raph fitz Iohn together with the said Iohn de Dulyngham Assessors and Collectors for the Towns of Walsokne Waltone and Enemethe all sworn and thereunto appointed that they should begin the said stop and clensing of that Chanel upon the morrow after Ascension day so that the same water should by such scouring and enlarging of the said antient Chanel run before the gule of August then next ensuing under the penalty of an Cl. And in case that passage called Lytlelode and Wadyngstowe should not be sufficient for the carrying away of those waters it was determined that they should be enlarged as they were afore time by the view of the Shireeve of Norfolke both as often and in what places need might require And the Shireeve of Norfolk had command that as often as he shouâ—d be required to assist the persons above-specified so deputed to assesse and collect those moneys he should be aiding to them not favouring either rich or poor therein And it was also decreed that Lytlelode and UUadyngstowe should be opened untill the before-specified Sewer were clensed viz. the gule of August And the Jurers of both the said Hundreds farther said that the chardge of scouring the sâ—id Sewer might be dâ—frayed for six score and two pounds whereof the Steward of Ely did undertake to levy the moytiâ— upon the Towns in Cambridgâ—â—ice And to this contribution Tiâ—â— yâ— with the Hamlets belonging thereto was taxed at xil Tiringtone at xil. UUaipole at xil UUaâ—tone and Enâ—mâ—the at xil. UUalsokne at xil UUygâ—nâ—â—lâ— at Cs. and Utwâ—il in the County of Norfolk at xxs. And if those monâ—ys would not suffice to perform the same that then the Towns of both Counties to contribute more as need should require And the said Shireeve had likewise commaâ—d to distrain Thomas de Ingaldesthorpe Thomas de S. Omer Iohn fitz Gilbert Iohn Blakeman Walter de Palmere Simon fitz Agnes the Prior of Molycourt and Alan le Mutere Land-holders in Utwâ—ll and Molycourt to repair tâ—e Baâ—k bâ—twixt UUâ—lle and Molycourt for the advantage of the said Bank of Pokedike so that every Acre should be assessed alike in the said contribution and that the said Bank should be perfected before the Feast of S. Peteâ— ad vincula commonly called Lammas upon penalty of xxl. And the said Shireeve of Norfolk had moreover command that he should distrain the before-specified Town of Utwelle to the repair of the Bank called Sandy diche before the said feast of S. Peter ad Vincula upon penalty of xxl. And likewise to distrain all the tenants of the Lands of Pachefeld and Kirkefeld in the Towns of Utwelle and Upwelle to repair the Banks and Ditches in those fields so that every Acre should be assessed alike and the said repair accomplished bâ—fore the Feast of S. Iohn Baptist upon penalty of xxl. And morâ—over to distrain all those who ought to repair the Bank at Pokedyke so that it might be finished before the Feast of S. Iohn Baptist upon pain of xxl. And because it was presented by Iohn de Wygenhale Iohn de Reynham c. then deputed by the said Justices to take earth for the repair of the said bank of Pokedike from the ground lying neerest thereto and that the Abbot of Dereham had within the same bank CCC acres of land they were commanded to take earth off the said Abbots land lying an Acre distant from the Bank provided that the said Abbot had competent satisfaction for the same according to the judgement of the said Jurats because there was no other earth within that Bank to be found so proper for that service Howbeit no sooner was the before-specified Chanel at Littlelode so made as by the Decree of the said Comissioners had been directed but that some mischievous people broke and threw down the banks thereof the King therefore upon complaint to him thereof made did grant a new Commmission â—nto the said Simon de Ellesworth and Thomas de Hakeford to view the same and to enquire
common of Pasture or fishing neer the same bank nor any safeguard or defence thereby but that for their Lands and Tenemâ—nâ— they thâ—n did and of antient time had repaired a certain bank called Blake diche by which they had benefit and preservation Nevertheless at the prâ—sâ—cution of the Inhabitants of Tilney wâ—o ought and had alwaies used to repair and maintain totally the banks câ—â—led Hâ—ddich under colour of an Inquisitioâ— touching certain things which were amiss in those parts taken â—efore them the said Commissioners they did adjudge a certain part of that bank to be repaired and maintained by the saiâ— men of Ilsingtone whereupon they were distrained so to do The said King tâ—erefore being desirous that all parties should have right done to them therein required the before specified Commissioners to transmit the whole proâ—ess of their doings therein unto him in the xv of St. Iohn Bapt. then next following At which day both the men of Islington and Tilney came but the hearing thereof was then respited till the Octaves of St. Michael and at that time did Thomas atte Lache one of the Inhabitants of Tilney appear accordingly but they of Ilsington appeared not therefore the men of Tilney had execution of what had been decreed by the before mentioned Commissioners At the same time there was complaint made to the King on the behalf of the Abbot of St. Edmundsbury that whereas he the said Abbot held certain Lands in Tilney and Ilsyngton which had antiently belonged to that Monastery and notwithstanding that every Landholder there and in the parts adjacent ought to defend their own proper grounds at their own peculiar charge against the force of the Sea and make and repair certain banks for their better preservation by the appointment of the Justices of Sewers and likewise by custom nevertheless certain men of those parts having an aim to alter that their custom and to compell the said Abbot and câ—rtain others who to their great charge did make and maintain the banks against their own Lands to contribute likewise in common to the repair of all the other banks had procured certain Justices of Sewers to view those banks which they did accordinglyâ— not giving notice to those complaynants the said King therefore by his Writ directed to Henry le Scrope and his fellow Justices of the Kings Bench required them to take the business into consideration and in case they should finde that the before specified information was true then to discharge the said Abbot and the other persons concerned therein In 5 E. 3. Iohn de Cantebrig Will. Lovell Walt. de Glemesford and Iohn de Waltham were assigned to view the banks and ditches in these parts of Mersh land and to take order for their repair The like appointment in 7 E. 3. had Simon de Drayton Will. Lovell Will. de Dunton and Peter Fitz waryn In 9 E. 3. at a Session of Sewers held at the Church of Wigenhale St. Mary upon the Monday next after the Clause of Easter before Iohn Howard the elder and other Justices the Jurors presented that the safeguard of the whole Town of Tilney and Islington was one and the same and that all the Lands and Tenements and the holders of them as also of common of Pasture and fiâ—hing there were equally secured and defended by the Banks Ditches and Sewâ—rs belonging thereto from the inundation of the Sea and flowing of the fresh waters And they said that in the dayes of K. Edward the first there was an equal assignation made to the Inhaitants and Tenants of these Towns according to each mans proportion of the banks ditches and causeys belonging thereto by Will. de Carleton and his associats then Justices of Sewers at which time the charges were easy but then through the raging of the Sea and flouds of fresh waters very heavy and grievous to bear As also that the said charge was then so unequally assessed that some persons were burthened more by an hundred fold considering their proportions of Land than others whereby they were so impoverish'd that they were not then able to contribute any farther to these repairs and that by their decay much damage had already accrued there and more was likely to happen if speedy remedy were not had Wherefore they said that of necessity there ought to be a new Agistment made of the said banks and ditches and an assignation of a fit proportion to each man for the maintaining whereof they might be continually compell'd And they said moreover that the ground whereupon the Ditches and Banks stood betwixt Edyensgole and the East corner of the Tenement of Iohn de Engaldesthorpe in the Freth within the said Towns of Tilney and Ilsington was daily torn up by the boysterous Sea tides and flouds of fresh waters insomuch as the said banks could not be preserved in any sort by that Agistment to defend the said Town from drowning therefore they said that for safeguard of that Town there must of necessity be made certain Kays and four or six Schrops betwixt Edyensgole and the said corner at the charge of all the Landholders throughout the whole Town And they ordained that whereas by reason of the like danger in another place between Knight's gole and the gutter called Cattesback dole the Sea banks would not be sufficient to defend the Town from drowning there should be made forthwith certain Kays and Schrops at the charge of the whole Town and and that no bank should be thrown down towards the River betwixt those Goles in any place but where they then were untill by assessment they could be maintained at less charges And that the whole bank and chanel of the river betwixt the said gutters be made and if need required raised two foot higher so that it should contain xiii foot in bredth at the top and at the bottom a thickness proportionable thereto And they also said that the banks upon the river side betwixt Skalys gole and Cattesbak were grown so narrow towards the bottom by reason of the often sinking down of the Earth that the Cart way which is of xxiiii foot in bredth towards the said banks and ditches for the whole length thereof was by those banks and ditches totally interrupted and stopt whereupon they ordained as before that time it had been that xxiiii foot of ground should be added thereto from the Land next adjoyning And they farther said it was necessary that all the Sewers and Gutters great and small as also the common Bridges in Tilney and Islington with the gutters of Sibley and at the Mill sometime belonging to William de Fen upon the Fen ditch in Tilney should be continually repaired at the charges of the whole Town as often as need should require with the help of the Town of Tirington and for scouring the Sewers of Wesenhamdale in Tilney to the gutter called Scales gole and to make and maintain the same gutter continually which said assistance did
the breach and ruine of another Sluse called Oxhowe by which the said fresh waters passed to Scales gole the damage whereof was Lxl. yearly to the said Town And they also said that CC. Acres of Marsh belonging to the same Town viz. in Rushemershe and Newemershe were overflowed by the said tides to the damage of the said Inhaâ—itants more tâ—aâ— six Marks yearly And that the said â—own for repairing of the Sea-bâ—nk containing two miles and an half in lâ—ngth and of the Bank of Pokedichâ— containing one mile in length was at the yearly chardge of xxxix and upwards And they said that in the before-sâ—â—cified year and afterwards sixscore aâ—res of land belonging to the inhabiâ—â—ntâ— of UUest Walton were overflowed by the Sea-tides to the yearly damâ—ge of xl â— by reason that the Sea-banks were with such fearfull tempests so broken as aforesaid and that the charge in repair of them came to more than Lx. per annum And that they did yearly repair for every acre of land lying in the said Town six foot and two inches of the said Sea-banks and likewise for every acre one foot of the said Bank called Pokediche the charge whereof amounted unto xl â— yearly and more And that they also spent xl. per annum in repairing of Gutters and Sewers for draining of their land And they said that fiftie three messuages and three hundred acres of land in that Town were drowned and utterly lost for ever by the inundation of the Sea And they lastly said that in the year aforesaid and afterwards ten messuages and an hundred acres of land beloâ—ging to several persons within the Hamlet of Enemeth were utterly destroyed and drowned by the same inundation of the Sea And that the Inhabitants of that Hamlet were at the yearly charge of xxxl. and more in repairing of the Bank called Pokediche for the safeguard of their Land Upon the return of which Inquisition wherein those their great losses and constant yearly charges were so evidently set forth the said Inhabitants of Wygenhale and the other Towns before-mentioned did again Petition the said King representing their hard usage from the Assessors of certain Fifteens and Tenths then lately granted to him in Parliament by the Commons of this Realm viz. that whereas in the eighth year of his reign the Town of Wigenhale was taxed at xxxvijl. Walpole at xxxv l. x. s. Tilney at xxx l. West Walton at xxiii l. Walsokne at xxvi l. viii s. Tirington at xl l. ix s. and Enemethe at xiii l. for the Fifteen then granted and that notwithstanding so much of their Lands had been drowned and utterly consumed as also that by reason of the frequent inundations since hapning they had little hope of the recovery thereof yet did not the said Assessors for the Fifteens and Tenth granted in the eleventh year and two more Fifteens and Tenths granted in the eighteenth and twentieth years of the said Kings reign cease to tax them as heavily as they had been levyed in the eighth year above-mentioned Lest therefore in regard of their disabilities to bear so great a burthen they should be compelled to leave the Country the said King taking the premisses into mature consideration and advising therein with his Council directed his Precept to the Treasurer and Barons of his Exchequer requiring them to accept of two parts of the several summs so imposed and to abate the third unto those particular Towns before-named The next year following the King being advertised that the Bank called Pokedyke which by the assent of the whole Commonalty in those parts had of antient time been raised and made for the defence and safeguard of the Town of Wygenhale and the parts abovesaid against the suddain inundations and violence aswell of the Sea as of the sresh waters usually annoying them was at that time so torn and broken that divers inestimable losses for default of its repair had hapned and that more were like to be in process of time unless some speedy remedy were had assigned Iohn Howard Robert de Causton Iohn de Berney Will. de Wychingham and Roger de Dersingham to take a view thereof and to enquire by the Oaths aswell of Knights as others by whose default the said breaches were so made and who they were that did commonly drive their Cattel upon the same Bank and by heavy distresses and amercements to constrain all such persons as well those who were guilty of the said breaches as those who had any benefit by the same bank together with others who were obliged to the repair thereof in case there were any such to take speedy course for the amendment of the same according to the proportion of what each man held In 26 E. 3. Sir Robert de Causton Knight Raphe de Rocheford Hugh de Walton and Raphe de Bygeney were constituted Commissioners for the view and repair of the Banks Ditches and Sewers in Walpole and Walton Several other Commissions were in the succeeding years issued out to the like purpose viz. in 27 E. 3. to the same Sir Robert Raphe Hugh and Hugh together with Thomas de Baa and Will. Durant for all those upon the Sea-coast in this Province In 28 E. 3. to Will. de Dunton Rob. de Hakebeche Iohn de Tylney Iohn de Wilton Will. Durant and Hugh de Walton for the same Sea-banks In 30 E. 3. to Iohn Bardolf of Wirmegeye Ric. de Wylughby Iohn de Berneye Adam de Shiryngham and Roger de Dersyngham for those in Suth Clenchewarton and Wigenhale In 32 E. 3. to Sir Saier de Rocheford Sir Rob. de Causton and Sir Iohn de Tilneye Knights and others for those in the parts of Mershland betwixt the waters of UUellestreme UUysebeche Welle and Wygenhale In 36 E. 3. to Rob. de Thorpe Richard de Walkefare Robert de Causton and others for those betwixt South Clenchwarton neer Lenne and Wigenhale So likewise in the same year to the said Rob. de Causton Hugh Lovet Gilbert Bernard and others for those betwixt Tyrington and West Walton About this time did the Inhabitants of UUigenhale Ilsyngtone Tilney Clenchwarton Watlyngtone Roungtone Holme Secchithe and West UUinche all in this Province of Mershland exhibit a dolefull Petition to the King shewing that whereas the said Country of Mershland had been much overflowed and surrounded by great and violent flouds of Salt water to the extraordinary damage of the said King and the whole Realm and whereas the River going to Lenne had used to run betwixt certain banks distant a sunder twelve Perches at which time all people had sufficient passage with their Boats to and fro the fresh waters free course to the Sea the Banks on one side of the said River were at that time so low by reason of the before-specified flouds that the said River was then a full mile in bredth And moreover that some of the Inhabitants of Lenne
formerly had been a stone Bridge and thence directly to the Mannour of Coldham and from thence and the Crofts of Secchithe magna and beyond to Secchithe bridge and thence Westwards and in bredth to a certain way which leadeth from Sech gate unto Iones dole fence and thence to Lynne dyke Northwards unto the How dyke and so directly to Larkyshirne aforesaid in the said Town of South Lynne Hardwick Westwinche and Secchithe magna ought to contribute to the making of that defence every man according to the proportion of his Land And they farther said that all persons which had Lands and Tenements in a certain place called Clenchwarton-Marshland within the Town of South Lynne aforesaid and all the Land-holders in Secchithe magna South Lynne Secchithe parva and Watlington in divers places from Secchithe gate Southwards to the Crofts of Secchithe parva and from Secchithe draine Westwards to East wroe dyke at Watlingtone and the Old Ee of Wigenhale as also all the Land-holders in Watlingtone in a certain place called the Cornfen which extendeth it self from the Wroedike Westwards to the River of Wigenhale and from Poâ—dyke Southwards to Gerys dam and thence Southwards in the Newlande to Deylode Drove and from Wigenhaleâ—bedding to the River of Wigenhale Westwards and likewise all the Land-holders in the Towns of Roungeton holme in a certain place called Holme Bight which reacheth from Deyslode drove to Greene yates Southwards ought to contribute to the straightning of the said Rivers and Banks to be made in the before-specified places as aforesaid because they lay within the defence and safeguard and had or might have benefit or losse by the said Rivers and Banks And that all their Tenants likewise ought to make repair and maintain the said new Banks for the restraining of those Rivers within the before-mentioned limits when and as often as need should require And they said that this restriction of the said Rivers by the making of those new Banks in the places before-specified would be a secure lasting and perpetual defence to all the Banks and all the lands lying within the Towns and places aforesaid It was therefore ordained by the said Justices that the said work should be done accordingly In 11 R. 2. Sir Edmund de Thorpe and Sir Philip de Tilney Knights together with Iohn Marshall were appointed to view and repair the Banks c. betwixt Cattesbak and the Fen ende within the Town of Tilney The like Commission in 7 H. 4. had Sir Thomas de Skelton Sir Iohn de Rocheford Sir Pain Tiptoft and Sir Raphe de Shelton Knights Richard Norton Will. Ludington and William Snetesham for all those Banks Ditches and Sewers aswell upon the Sea-coast as otherwise belonging to the Towns of Tiryngtone Walpole Walton Walsokne Enemethe Welle Wigenhale Tylneye and Clenchwarton antiently ordained for the safeguard of those Towns and to proceed therein according to the Law and Custome of this Realm So also in 10 H. 4. had the same Sir Thomas de Skelton with Sir Edmund de Thorpe Sir Iohn Colvyle Sir Raphe Shelton and Sir Iohn Rocheford Knights Richard Norton William Rees William Ludyngton Laurence Trusebut and Richard Gegge for all those Sea-banks lying within the Town of Tyringtone for the safeguard thereof and to proceed therein as abovesaid In the same year the Abbot of Ramsey was impleaded for damages which were sustained by his neglect in repairing his proportion of Pokedike for his lands in Walsokne And in 8 H 5. Iohn Cokain Sir Thomas de Skelton Sir Iohn Colvill Sir Iohn de Rocheford and Sir Henry de Rocheford Knights Robert Tirwhit Richard Norton William Ludyngtone Iohn Benard Thomas Derham Nich Morys William Fulbarne â— and Robert Bird were assigned to view the Banks Ditches and Sewers in Tyrington Walpole Waltone Walsokne Enemethe Welle Wygenale Tilneye and Clenchwarton then broken and in decay and to take order for their repair with direction to do all things therein according to the Law and Custome of this Realm What they did therein I have not seen but soon after viz. in 1 H. 6. the King receiving information that the Banks Sewers c. lying betwixt the waters of Welle and the stream which runneth from thence to Salters lode and Wigenhale in this Province of Marshland were so torn and consumed partly with the violence of the tides and partly by the great flouds of fresh waters passing that way as that very much damage had hapned to the whole Country thereabouts constituted Thomas Duke of Eâ—eter Sir Thomas Erpingham and Sir Henry Rocheforth Knights William Paston Iohn Schuldham Simeon Fyncham Iohn Mannyng and Thomas Dereham Commissioners to view the same and to make such Agistments both for raising of new Banks where need should be and repairing the breaches and decays before-mentioned in such sort as they should deem most expedient for the safeguard and benefit of the Country Which Commission bears date at Swyneshed the xij day of April in the year abovesaid By virtue whereof the Shireeve of Norfolke had command to impanell Jurors and to bring them to Downham hithe upon Thursday next before the Feast of Pentecost then next ensuing Who then and there attending the before-specified Commissioners upon their Oaths presented that the Bank called Pokediche antiently made for safeguard of the Towns in this Province of Marshland and all the Lands and Tenements within the same was then so broken and ruinous that a great proportion of ground was thereby overflowed with the fresh waters to the extraordinary damage of all such persons as were Landholders or that did enjoy Common of Pasture or Fishing there And they said that the before-specified Bank could not be made firm and sufficient by any repair thereof the weaknesse of the ground whereon it stood considered and therefore they ordained and decreed that for the better preservation of all the Towns in Marshland aforesaid and of all the Lands within the compasse thereof that there should be another Wall or Bank made new on the North side of Salterys lode brink by all the Land-holders throughout Marshland and all the Inhabitants and Residents within the Towns thereof and of the Town of Wigenhale And that the said Bank so to be made new should be made and raised upon the North side of the great River which passeth from UUelle to Salterys lode and UUigenhale viz. from the shore of that River by the space of xxiiij foot as also to begin in that place called Salterys lode and to extend it self from thence to the Priory of Mullycourt Westwards And that the height thereof from Salterys lode to North delfe shall be five foot from the levell earth and the thicknesse at the bottom xviij foot and from Northdelf to the said Priory six foot in height from the ground with xviij foot in bredth at the bottom and xij at the top of good measure so that it might sufficiently keep out the water of
Hue aud Cry as also for blood shed within his said Lordship at all times of the year After this viz. in the same third year of the said King Henry the sixth William Babyngton Sir Iohn Colvyll and Sir Henry Rocheforth Knights Will. Paston Tho. Derham and Iohn Mannyng were constituted Commissioners to view the Banks Sewers Ditches Bridges and Causeys betwixt UUalpole and Tilney and to determine all things therein according to the Law and Custome of this Realm as also to take so many Diggers and Labourers upon competent wages as they should think necessary for that service in regard of the great expedition which through the decay of those works was then required Several other Commissions were afterwards issued out in this Kings reign to the like purpose scil in 8 H. 6. to Sir Henry Rochefort and Sir Robert Clyftone Knights William Pastone William Goodrede Thomas Derham Simon Fyncham and Thomas Shuldham for all those Banks Sewers c. in the Towns of Uppâ—welle Outwelle and Enemethe betwixt the River which goth from Wellynhee to the Priory of Mullycourt and the River which passeth from Enemethe unto the said Priory and to proceed therein as abovesaid In 22 H. 6. to Sir Thomas Scales Kt. William Yelverton Hugh Prior of Wirmegay Thomas Trusbut Iohn Fyncham Thomas Salesbury William Willy and Raphe Geytone for those throughout the whole Province of Marshland and the parts adjacent from Marham to Wigenhale and to do all things therein according to the Laws and Customes of Romeney Marsh. The like Commission had the said Sir Thomas Scales William Yelvertone Thomas Trusbut William Eweyn and Thomas Salisbury in 30 H. 6. So also had Iohn Earl of Oxford Iohn Viscount Beaumont Iohn Heydone Iohn Fyncham and Iohn Bekyswell for all those betwixt the waters of Wâ—lle and the water which leadeth from Welle to Salterys lode and Wygenhale In 21 H. 7 the said Bank called the new Pokedike was totally measured and then found to contain in length from the house of Iohn Pye at Salters lode unto the house of Iohn Bekeswell at Northdelf xviij furlongs and xxvij perches the repair thereof belonging as followeth viz. To the Tenants of the Lord Bardolf xxij perches To the Town of Wigenhale three furlongs xviij foot and four inches To the Towns of Tilney Islington and Clenchwardon three furlongs xviij foot and four inches To Tirington three furlongs xviij foot and four inches To Walpole three furlongs xviij foot and four inches To UUalton and Emneth three furlongs xviij foot and four inches To Walsoken three furlongs xviij foot and four inches To Iohn Bekyswell opposite to his house at North delf xv perches And from Northdelf to Mullycourt it contained in length xiiij furlongs and seven perches whereof the repair belonged as followeth viz. To Walsoken two furlongs xv perches five foot and four inches To UUalton and Emneth two furlongs xv perches five foot and four inches To Terington two furlongs xv perches five foot and four inches To Tilney with Islington and Clenchwarton two furlongs xv foot and four inches To Wigenhale two furlongs xv perches five foot and four inches Memorandum that upon the seventh day of Iuly 21 H. 7. every Acre of ground in Marshland was assessed at four inches for the maintenance of the said Bank But notwithstanding this care taken for repair thereof such was the wickednesse of some people that they divers times made breaches in sundry parts of it insomuch as complaint being made in Parliament Aº 22 H. 8. this ensuing Act was thereupon made WHereas before this time divers evill disposed personnes of their perverse and evill dispositions maliciously at divers and sundry times have cut cast down and broken up divers parts of the Dike called new Powdich in Marshland in the County of Norff. and the Broken dyke otherwise called Oldfield dyke by Marshland in the Isle of Ely in the County of Cambridge By reason whereof aswell by the great aboundance of the Salt water as also by the course of the Fresh water entring and coming into and by the said part of the said Ditches so broken and cast down the grounds and Pastures within the Countie of Marshland in the County aforesaid have bene divers and many times drowned and surrounded with the water aforesaid so that no profit thereof might be taken by the owners and occupyers of the said ground And the Inhabitants within the said Marshland and the Levell of the same many and sundry times have been not only put to importunate chardges and expenses to their extreme damage and costs but also to their grete undoings having lost much of their Cattel and Beasts then being and depasturing upon and within Marshland aforesaid to their grete damage and losse and to the grete decay of the Common welthe of the Country adjoyning to the same And also by reason of the same waters much people have bene drowned in their beds within their houses and have lost the most port of their goods being within the same For reformation whereof it is ordayned enacted and established by the King our Sovereign Lord by the assent of the Lords Spiritual and Temporal and the Commons in the present Parliament assembled and by the authority of the same that every such perverse and malicious cutting down and breaking up of any part or parts of the said Dikes or of any other Banks being parcell of the Rinde or uttermost part of the said Country of Mershland at every time and times hereafter from henceforth by any person or personnes committed and done otherwise than in working upon the said Banks and Dikes for the repairing fortifying and amending of the same to be taken reputed and adjudged Felony and that the offenders and doers of the same and every of them be adjudged and reputed Felons And that the Iustices of Peace of the said Counties of Norfolk and Cambridge in the said Isle at every of their Sessions within the said Isle and Counties to be kept by the authority aforesaid have full power to cause enquiry to be made after every such offence so at any time in form aforesaid hereafter to be committed and done and to award the like processe against every of the said offenders with like judgement and execution of the same if they or any of them be thereof found guilty by verdict or otherwise as the said Iustices have used and accustomed to do upon other Felonies being Felony at the common Law Which Statute was in 5 Edw. 6. by an Act of Parliament then largely made for the repeal of divers Treasons and Felonies cleerly repealed and made void But in 2 3 Ph. M. it was again revived In which year there were these ensuing Ordinances made upon the eighth day of April by the chief Inhabitants of this whole Country of Marshland and Town of Wigenhale touching the Old Powdike and Broken dike 1 That the said old Pow diche be sufficiently made
verdict unto them And that the said chief Guardians their Deputies or Attorneys shall swear to execute their Office for the common benefit and safeguard not favouring any And that the Distrainers should likewise swear to observe the direction of the said Guardians and be obedient theâ—eto And they also said and presented that in times past much peril had hapned to the said Town of Wigenhale through the negligence of the Dike Reeves appointed for the safeguard thereof in regard they had not sufficient Lands and Tenement within that liberty nor knowledge of the Laws and Customes of Marshland Whereupon for the avoiding of future peril it was ordained by the consent of the whole Commonalty that thenceforth no Guardian which should be chosen for the safeguard thereof should make any Deputy or Attorney to exeâ—ute his Office except he were a fit mâ—n free and sufficient to answer to the Commonalty in case any hurt might come to the Sea-banks through his neglect and default And they likewise ordained that no man should thenceforth take upon him to measure any Seâ—-banks without the oversight and assent of the Town Officers sworn thereto upon the penalty of xxs. And they moreover presented that whensoever the Commonalty should be summoned to meet for the safeguard of the Town that they which should then be present whether more or lesse in number might together with the chief Guardians or those which should then be there have power to make Ordinances for the safeguard before-specified and that the same Ordinances should be effectual and firm And that if any of the xij Jurats should make default by not meeting or to perambulate the Sea-banks for the safeguard of the Town that each of them should be amerc'd at xiid. so often as he did so neglect And in case the said principal Guardians their Deputies or Attorneys did make default each of them to be amerc'd at iiis. iiiid. as oft as he did so transgresse And if the said distrainers should not come with their Rolls of the Sea-banks and with the perch to measure them that they should be amerc'd at xxd. for every time of such their neglect And they said that when any Grunâ—egole should happen in the Banks of the Sea or Marshes and not through his default to whom the same belonged that it should be repaired by the Commonalty of the Town and the party whose Grundegole it was to be distrained until he made satisfaction And that in case any man should be refractory or a Foreiner so that no distresse could be made upon him for such default in his Bank and that the said Bank were in danger that then the chief Guardians to summon the Men-worke and make good the Bank for certain sum of money and when time should serve a distresse to be taken and detained untill three pence were paid for every peny so expended And that whosoever should have warning to repair the said Grundegole and came not he should forfeit xijd. And whosoever should not come upon summons to special Men-worke to pay xiiâ— and neverthelesse to perform the same on the morrow And they likewise ordained for the better safeguard of the said Town that Sessings should be made in the said Banks opposite to the Messuages and Walls twice or thrice every year in case of necessity for preservation of the Bank and that the persons agisted should be distrained from day to day for the due performance thereof And they said that they had time out of mind enjoyed a Cart way for Carriages in a certain place called the Bicches on the backside of the said Sea-bank for repairing the same Banks at all times of the year when need required And they also ordained that every Ditch being within lesse than xii foot of the backside of the Sea-bank should be filled up by those unto whom the same Bank lying opposite to it belonged and that the same should be speedily accomplished upon penalty of iid. for every foot And they farther ordained that for the better safeguard of the said Town no man should thenceforth make any Ditch or Pit upon the backside of the Sea-bank within xii foot upon penalty of iiis. iiiid. for every perch And that if any Hoggs should be found feeding or rooting upon the said Sea-banks they to be amerc'd for every foot id. and for each mandible id. And for Sheep or Cattel treading or depasturing thereon from Rousebeehe to Pulberys gole to forfeit id. for every foot as often as occasion should be And they also ordained that all the lands lying in the field of Sadylbowe abutting upon Seche water leswe betwixt Thefe gate and Farlow diche should raise the Stows equal with the land on each side and with Hurdles laid upon them six foot in bredth to prevent the water coming from the Sewer of Sechewater leswe from overflowing upon penalty for every Stow vid. And that the Causey extending from Newdiche through Lenne gate and B ..... milhirne on the West part to Puelldole was in decay and from Puell dole by Thefe gate and the lands of the Prior of Schouldam ....... to .... Diche and from a place called the ...... hee by Powdiche on the North-side unto the great River of Wigenhale by reason of the excesse of water coming out of the Field of Seche and Watlington In 14 H. 4. Iohn Ingaldesthorpe Iohn Harsyk Simon Baret Iohn Mannyng and Thomas Styward were constituted Commissioners for the view and repair of the Banks Sewers c. in the Hundreds of Frebrigge and Claklose betwixt the Mill at Marham and Secchithe Bridge with direction to proceed therein according to the Law and Custome of this Realm The like Commission in 16 H. 6. had William Earl of Suffolk Sir Raphe Cromwell and Sir William Bardolf Knights Will. Godered Nich. Dyxon Clerk Sir Iohn Colvyle and Sir Thomas Tudenham Knights Andrew Sperlyng Iohn Heydone and Gilb. Haltofte for all those throughout this whole County with power to make Laws and Ordinances therein according to the Law and Custome of this Realm and of Romeney marsh and to determine all things therein according to those Laws as also to imprest so many Diggers and Labourers upon competent wages as they should think necessary to imploy in those Works in regard of the expedition which the same required But farther touching this North east part of Norfolke than what hath been said I have not observedâ— untill the xviith year of Queen Eliz. reign that Sir Nicholas le Strange and Sir Robert Bell Kts with other Commissioners of Sewers for the Hundred of Clak clos made these following Ordinances upon the fourth of Aug. in a Session of Sewers held at Kings Lynne viz. That all the Banks against the great River extending to Narborough barrs to Canons fen shall be repaired and made in bredth at the bottom xvi foot at the top 4 foot and in height 4 foot and the Chanel of the River 24 foot in widenesse The like all along
periit multitudo saith Math. Westm. So that of little Vessels Cattel and people very many were destroyed And about seventeen years after there hapned such another wofull accident whereupon the King directed his Precept to the Shireeve of this County requiring him to distrain all those who had Lands within the precinct of the old Banks in these parts of Wisebeche to repair the said Banks as they ought to do according to the quantity of their holdings Which losses though they were very great might the better have been supported had not the before-specified obstruction of the fresh waters annoyed them in a more than ordinary measure which so much increased that in 13 E. 1. the Tenants to the Bishop of Ely in Welle Elme Wisebeche Leverington Neuton and Tyd complained thereof to the King in particular shewing that their Lands in those Towns by the great flux of waters running towards the Sea of Wellestrem and through the defect in repair of the Sewers Bank of Rughmere and other Banks antiently raised and to be made anew from Town to Town were drowned and not only so but that divers of the Inhabitants in those Towns being averse aswell to their own as others benefit did refuse to submit themselves to the Law and Custome of the Fen for remedy thereof the said King therefore constituted Hugh de Balsham then Bishop of Ely and Hugh Peche his Commissioners to make enquiry c. and to cause the said Bank of Rughmere to be repaired at the chardge of those persons whose Lands were preserved from the perill of inundation thereby or if need were to raise another in a more fitting place provided that by such repair and making of Banks from Town to Town no disherison or damage did befall Geffrey de Sandiacre and Clementia his Wife and their Tenants in Neuton and Tyd or any other person whatsoever After this within a few years the Sea-banks in these parts being again broken by the violence of the Tides the same Geffrey de Sandiacre and Iames de Beaumeys were appointed to view them and to take order for their repair But these irruptions of the Sea as they were casuall viz. when the North or North East winds accompanied extraordinary Spring-tides so were they not frequent nor did those flouds so long continue upon the Land as to destroy it by drowning the stagnation of the fresh waters producing much more damage which for want of evacuation for the reasons above-specified were a continual annoyance to the whole Coâ—ntry thereabouts insomuch as the Inhabitants of Marshland discerning the danger to that Province by the increase of those waters did in 21 E. 1. procure a Commission from the King bearing date the xixth of Iune directed to Peter de Campania Thomas de Hakford and Adam de Schropham to enquire farther touching the same and to apply the most proper remedy thereto Who thereupon sitting at Utwell upon Monday after the Feast of S. Peter ad vincula next ensuing and taking into consideration what ought to be done for restoring those waters of Utwell for so that great River of Ouse which had formerly passed that way was then called to their due and antient course did with the assent of the Country ordain that there should be three Dams made one at Utwell bridge another at Lytlelode bâ—idge in Upwell and the third at Fen-dyke-lake in Upwell also And because the Inhabitants of Marshland at whose instance the said Commission was procured perceived that this Ordinance for the making of these three stops would be for their benefit they without any authority from the said Justices given to them or from the Shireeve or any Bayliff of the Hundred did of their own accord and contrary to the tenor of the before-specified Commission make a stop of the said water at Lytle lode aforesaid and so continued it untill by the force of the water with the help of some persons who passed that way with their Boats a part thereof was opened And finding it so opened procured another Commission to Simon de Ellesworth and Thomas de Hagford to enquire thereof Who by by virtue of that Commission sitting at Upwell upon Wednesday next after the Invention of the Holy Crosse in the xxiiith year of the said Kings reign and making enquiry accordingly were answered that they had not any power by their said Commission so to do by reason they had no appointment for the stopping thereof Whereupon the said Thomas de Hâ—gford who was likewise associated with the before-specified Peter de Campania in the first Commission being asked whether himself and his fellow Justices at that time did then consent or give command for the damming of the said water of Lytle lode answered that in the Commission so directed to Peter de Campania and himself there was nothing contained but only touching the waters descending by Utwell without any mention at all of stopping the water of Lytle lode in Upwell and consequently no command to obstruct the same whereupon they the said Simon and Thomas forbore to do any thing farther therein But afterwards the same dayâ— the said Commissioners by virtue of another Precept for the view of Pokediche in Marshland whereof I have in the Chapter of this my discourse already taken notice did receive this following verdict from the Jurors then impanelled and sworn viz. that there was a necessity that the water at Upwell should be stopt at the house of one Raphe Smith of that Town and that the old course thereof should be clensed and enlarged from the Sluse at Elme unto that stop at Upwell xl foot in bredth and made in depth full six foot more than it was at that present And that there was the like necessity that the said water of Up well should have its course by the Lytle lode to a place called Wadyngstowe till such time as the said Sewer were so clensed enlarged and repaired as hath been said And that if the said Chanel called Lytlelode and Wadingstow would not be sufficient to carry those waters that it should be enlarged by the oversight of the Shireeve of Norfolk as need required And it was then also ordained that the Lyttlelode and Wadyngstowe should be kept open untill the before-specified Sewers were clensed viz. till the Gule of August in pursuance of which Ordinance that part of Lytle lode then remaining stopt after the said breach by the power of the waters and Boats so passing that way as hath been said was opened After this viz. in 27 E. 1. the said King directing his Precept to Will. de Carletone and Will. Howard to enquire concerning the breach of the said stop at Lytle lode by reason whereof the water could not have its passage to the Sea accordingly as it had antiently usedâ— they sate at Welle upon Wednesday after the Octaves of Easter and received this following information by the verdict of the
Jurors then impanelled and sworn viz. that Robert Russel Bayliff to the Abbot of Ramseye Iohn Mayner Walter Halleman and others had forcibly broke down that Dam at Smal lode or Lytle lode and that one Richard Curteys had done the like at Wadyugstowe Whereupon the Shireeve had command to take them all and imprison them untill he should receive farther directions therein In 8 E. 2. the King being informed that the water whereby divers persons of Cambridge Huntendon and Northampton shires passed with Ships and Victual from the parts of Lenne to Welle to the great benefit of all the Country and especially of the Town of Holme situate thereupon was obstructed by certain men dwelling thereabouts he therefore assigned Iohn de Butetort Robert de Maddingle and Walter de Mollesworth to enquire thereof The next ensuing year Geffrey de Colvile Robert de Maddyngle Laurence de Burewelle and Iohn le Corouner were appointed to view the Banks and Sewers upon the Sea-coast lying in Tyd Neuton Leveryngton and Wysebeche as also in some Towns of Marshland and the parts adjacent within the Hundred of Wisebeche which were then in decay and to take order for their repair The like Commission had the said Geffrey Robert and Iohn together with Nich. de Houtone in 9 E. 2. And in 17 E. 2. the King receiving farther information concerning the obstruction of the water of Welstreme at the Town of Welle before-mentioned whereby Merchants and others were hindred from passing with their Ships Boats and other Vessels from the Town of Lenne unto Yakesle Holme and other places lying in the Counties of Huntendon and Norfolk in such sort as they had formerly used to do and as the Commission in 8 E. 2. above-specified importeth constituted Iohn de Mutford Walter de Friskeney and Will. de Gosefeld Commissioners to enquire thereof What they did herein I have not seen but in 3 E. 3. which was not long after there was a Presentment exhibited to the Justices Itinerant sitting at Northampton by the Jurors for several Hundreds in that County importing that wheâ—eas the course of the River Nene had antiently been directly from Peterborough unto the Lenâ—e in Norfolk by which Corn VVoo and other Commodities were carryed to that Haven and from thence Victuall and other necessaries that about xxviii years then past Walter de Langetone Bishop of Coventre and Lichfield and Treasurer to King Edward the first Grandfather to the then King did for the drayning of his Mannour of Coldham situate in a Fenny Soil by his power and greatnesse cause a Dam to be made at Utwell in the said County of Norfolk with earth and sand so that no navigable Vessells could afterwards passe to and from Lenne as they had wont to do to the great damage of the said King and his people aswell of that County as of Norfolk Cambridge Huntendon and Lincoln shires and that the same stop of those waters from descending to Lenne did cause the Lands Meadows Pastures and Marshes of Burrough fen and Thorney fen with divers others adjoyning to be overflowed and drowned to the damage of the men of that County CCCl. per annum and upwards And that Edmund Peverell son and heir to Robert Peverell Brother and heir of the said Bishop then holding the said Mannour did maintain and continue the before-specified Dam but by what Authority they knew not the Shireeve of Norfolke had command therefore to summon the said Edmund to answer thereto Who appearing in person and being required to say what he could for the keeping up of the said Dam alleged that the before-specified Bishop dying seized of the said Mannour Robert Peverell entred into it as his Brother and heir and that after the said Roberts death he the said Edmund entring as his son and heir found that water so damm'd as hath been observed without that that the said Dam was so made as aforesaid by the same Bishop or that he the said Edmund had continued and supported the same to the common damage c. as had been presented and thereupon did put himself upon the Country and so likewise did Richard Adelburgh who prosecuted for the King And therefore because it seemed expedient to the Court aswell for the King as for his people that there should be a verdict from the Country on that behalf aswell by Jurors of those Counties wherein the damage was assigned as by Jurors of Norfolk in which County the said Dam was alleged to be made command was given to the Shireeves of Cambridge Duntendon Lincoln and Northampton shires likewise that each of them should bring xij honest and lawfull men whereby the truth might be the better known to appear before the King three weeks after Michaelmass At which time came Adam de Fyncham the King's Attorney but the said Edmund though solemnly called appeared not whereupon a verdict was taken against him by default Nor did the Shireeves of any of the before-mentioned Counties make return of their said Precepts therefore new writs were issued out unto them to the same purpose as above-said returnable upon the xvth of S. Hillarie then next following At which time came the said Adam and the Shireeves of Norfolk and Northampton who alleged that the Writs were so long in coming to their hands that they could be nothing therein howbeit the Shireeve of Cambridge and Huntendonshire returned the names of Jurors but the Shireeve of Lincolnshire sent no answer Whereupon the King issued out a Precept to Geffrey le Scrope and his fellow Justices of the Pleas before himself to be holden whereby he signified to them that the Inhabitants of Marshland in Norfolke had complained and the men of Suffolk and Cambridgshire who had Lands neer unto those parts had exhibited a Petition to him the said King and his Council shewing that whereas some parts of Marshland together with a great proportion of those Counties was lost and destroyed by the inundation of the Salt waters as also of the fresh by reason that the said waters and Sewers had not their right course And that King Edward the first passing that way and taking notice thereof did by the advice of his Council assign William Howard and some other to make enquiry touching the premisses who by Inquisitions taken before them found that those parts could not be any other way preserved than by stopping of a certain water called Welle dam And whereas for that respect they did ordain the before-specified obstruction thereof to be made and that afterwards it was presented before him the said Geffrey his fellow Justices itinerant in the County of Northampton by the procurement of some persons for their own particular advantage that the same obstruction was made to their damage Whereupon they caused Edmund Peverell to be impleaded for it and proceeded so far therein as that the said Edmund submitted to an Inquisition thereof which Inquisition being to be taken before
his Progenitors inter alia of certain Lands and fishing which Ulfkytell had in Welle And that though the said fishing was then viz. when this Inquis was taken called Livermere and in the Town of Welle which was before called Wylla and in the County of Cambridge and that a certain water called Nene had time out of mind ran to the said Lake and did then so do and that the said Abbot and his Predecessors had ever had the said Lake or fishing with the course of that River of Nene running thereinto and peaceably enjoyed the same the said Commissioners by Virtue of the King's Letters Parents for the view and repair of the Banks Ditches and Sewers in that County and by colour of an Inquisition taken before them without any notice given to the before-specified Abbot intended the obstruction of the said water-course wherein in case they should proceed the said Abbot would totally lose the benefit of his said fishing to the damage of the King himself because that the profit thereof with the benefit of the other Lands belonging to that Abby being of the said Kings Patronage ought to belong unto the Crown in the time of every Vacancy he therefore required them that they should not make any attempt therein to his prejudice without consulting with him Whereupon the Wednesday next before the Feast of the blessed Virgin being assigned the said Commissioners sate again at which time the said Inhabitants of Elme Welle and Wisebeche brought the Kings Writ by virtue whereof the Bayliffs of Tyd Neuton Leverington Wisebeche Elme and Welle were required to summon xij of the most substantial men in every of the said Towns to appear at the Castle of Wisebeche before the said Justices upon Wednesday next after the Feast of S. Luke the Evangelist there to perform what should be enjoined them on the said King's behalf touching the obstruction of that Crike And the said King did likewise issue out another Precept unto the before-specified Justices that after their said Session they should upon the Octaves of S. Hillary under their Seals transmit the Record of their proceeding therein unto him to the end that upon perusal thereof he might consider what farther to do therein according to the Law and Custome of this Realm The next ensuing year sc. 14 E. 3. Iohn de Hedersete Iohn de la Rokele and Hugh de Walton were assigned to view the Banks and Sewers on both sides the water of Well Ee within the Town of Waterwell on the borders of Norfolk and Cambridgshire and to take order for their repair And the same year at a Session of Sewers held at Wisebeche upon Monday next after the Feast of S. Iohn Baptist for safeguard of the Towns of Elme and Welle it was ordained that there was a necessity of mending and raising the Bank called the New diche lying betwixt the Rivers of Elme and Welle full two foot more than it was at that time in the highest place and so beginning by the Level of Fryday brigge to Charite Crouch thence to Gongsted lake according to the same Level height and thickness thence to the Cowestowe thence to the Garden of the Prior of Meremaund and thence to Lakebrigge every man to make his frontier of the same height thickness and Level And they also decreed that from Gonsted lake unto Charite Crouch no man should come neer the said Bank called the New diche for to mow or dig for the bredth of ten perches towards Coremere and Hendmere except for the mending of the said Bank and that to be done by common assent And they likewise ordained that a Clow of five foot in bredth and in depth two foot should be made at the Lakebrigge to carry away the waters betwixt the Newdiche and Bishops diche at the charges of those who had Lands and Commons within those places And that one Clow should also be made at Frydaybridge and another at the Stone-Crosse in Outwell for avoiding the waters of Needham each of them of the same bredth and depth as abovesaid and to be done at the costs of all those who had lands within the Bishopsdiche and Needham diche and within the River of Elme and the Greendiche and Thorndiche And they moreover ordained that the old Sewer of Deleford unto the Stone-Crosse should be clensed and digged as it ought to be at the charges of Needham and that every Ditch drawing water to the said Sewer should be opened at all times of the year wherein water could run And that Piisdrove should be raised in each low place and that from the same little Drove one Crest should be made into the large Drove unto the Grenediche having a Causey for Common Drift of Cattel at all times of the year and this to be done at the charge of Upwell and Outwell and that all Slades and low places in the same Drove and ways be amended at the charge of the Towns each for themselves And they likewise ordained for Drayning of the Lands at Bodebeche that there should be three Pipes placed the first of one foot square every way and this to be fixed in the Bank sometime belonging to Gilbert atte Delf neer the Milne hill the second in the Bank of Christian de Beaupre opposite to the School being two foot in bredth and one foot in depth and the third in the antient Sewer to be a foot square on every side All which Pipes to be made at the charge of the Landholders in Bodebeche And they also ordained that the frontier of the Abbot of Dereham in Bodebeche should be stopt and that for the future no mau should dig Turfs nor Slakkes in the common Droves of Elme and Welle for dieving of flax or hemp in the common Ditch and Sewer to the nusance of the Commonalty except by the oversight and appointment of the Guardians which were to be deputed for the present And that the Bank called the New diche extending from Charite Crouch to the Prior of Meremound's Garden should be anew repaired equally and afterwards agisted And also that the breaches in Bishopesdiche and Needham diche should be repaired and moreover that all the Frontiers of the Uausedrove unto Frydaybrigge and thence to Eustace le Vernoun's Drove should be stopped up And they also ordained that one stop should be made in Oldfield neer to the Se diche in the Ditch of Raphe atte Field and to be in thicknesse eight foot at the charges of the said Raphe And that the Floud-gates of Elme as also the old Bridge together with the great Bridge neer to the Church of Elme should be newly repaired and amended at the charges of the whole Town And that for the repair of the said New diche every Acre of land from thence to Needham diche should pay a penny and every Acre from Needhamdiche unto ....... and Uernons field and the Infield and Brodbechefield an half peny and either more or lesse as need should be About
this time I suppose it to be though it have no date that there was a Survey made of the Marshes about Wisebeche as followeth whereby it was found that the Marsh called the Hey fen belonging to the said Mannour of Wisebeche and to the Towns of Leverington Neuton Tyd Elme and Welle within the liberty of Ely did begin at the Shofe an continued from thence to the Horshooe by the old River thence to the Ditch of Robert de Marshe thence to Wride by the Bank belonging to the Abbot of Thorney unto the two furlongs beyond the Knor thence to Orchard sled thence to Stod path thence to Wipe by Dede hee unto Mimers thence to West fen cote by the said River thence to Wisemouth and thence by Swerdesdelf to Great Crosse and from Great Crosse by Hiden hee to Quedale and so to Mercheford by the Crike and the Heyronâ— unto Eching hee and so all along beyond Heyront to Thermercote and from Tharmares to Stanimeres and thence all along farther unto Pealyswere and so by Hold Wellen hee to Milnested and thence to Shrewid hist where the said Towns ought to Common together with their Cattel Horn under Horn Saving always to the Bishop his Royalty and Fishing within the said bounds In 21 E. 3. Sir Iohn de Colvile Knight Iohn de L'isle Iohn de Dayvile Hugh de Walton Adam de Walsokne and Will. de Neuport were constituted Commissioners for the view and repair of the Banks Ditches and Sewers in the Towns of Dodington and Elme The like Commission in 24 E. 3. had the said Sir Iohn de Colvile Iohn de L'isle Iohn de Pelham Hugh de VValton Adam de VValsokne and VVill. de Neuport So also in 26 E. 3. had Iohn de Colevill Iohn de Pelham VVill. Muchet Iames de Grauncecete and Hugh de Walton In 32 E. 3. Sir Robert del Ilde Kt. Sir Iohn de Colvill Sir Iohn de Wilton and Sir Iohn de Vernoun Kts Thomas de Ba Hugh de Walton Thumas de Welsh and Nich. de Massingham for those Banks upon the Sea coast within the Hundred of Wysebeche and Town of Marcheford in this County And in 37 E. 3. Laurence de Flete Iohn de Wilton Hugh Lovet Iohn Hoode Will. Hyptofyt and Nich. de Massyngham for all those in the Towns of Wisebeche and Leverington with the Hamlets of Neuton Elme Welle Marchford By virtue of which Commission the said Laurence and his associates sate at ........ on Thursday next after the Feast of the Annunciation of our Lady and upon Inquisition made touching the premisses they ordained that the Pipe lying under the River of Elme at the house of Iohn Massingham should be repaired and that a Clow should be made to the end that no water might passe from that Pipe unto Ieccons gote but in a measure and under the Chanel upon penalty of stopping the said Pipe in Elme at that house And they also ordained that a Causey should be made in the Smal drove in bredth eight foot and in height three at the charge of all the Landholders in the Newland on the South part of the River of Wisebeche and likewise that another Causey of the like bredth and height should be made from the Smal drove unto the Land of Gilbert Hillary where need required at the charge of the Landholders in Beckdale field And that all the Inhabitants of Elme should at their charges scour repair the Pipe lying under the Sewer of Elme at Hillâ—â—â— dich to the land of Will. Porter And they likewise ordained that a Clow should be made in Elme at the end of Hillary dich in bredth two foot and in depth as much at the charge of the Landholders drayning by that Clow And that when the River is low that no water do run through the said Clow but in the Chanel so that all the Lands of Wisebeche lying there have no damage by the said water And if any one of Elme or any other person whatsoever shall transgress this present Ordinance that then it may be lawfull for any Inhabitant of Wisebeche to stop the water so running through that Clow. And they farther ordained that the said Bank called Hillaries diche should be amended and raised higher by three foot and made eight foot in bredth from the said Clow to the River of UUysebeche at the charge of all those that had benefit by the same Clow. And that all the Heddings of the Middle dole be stopt with Clotes As also that a sufficient Bridge be made in Hillary diche betwixt the Lands of Henry Fayer and Will. Loke And that all the Crests and Clotes be sufficiently made betwixt the said Lands from Hillaryes dich to Brig diche And they moreover ordained that a Causey should be made from the old River of Elme to the River of UUisebeche in the Bridg drove â— in height three fooâ— and in bredth eight at the charge of the Inhabitants of Elme and Brig field And that a sufficient Bridge be made in the Bridg drove at the end of Iohn Mudfish his lands at the charge of the Inhabitants of Elme And likewise a Causey from the said Bridge unto the Pipe lying over the River at Mesdrove which Causey to be three foot in height and eight foot in bredth and to be done at the charge of the Land-holders of Elme drayning thereby And that the Inhabitants of Elme should at their own charges clense and repair a certain Pipe in UUsibeche lying over Meesdrove under the Sewer of Elme running by Boulstre brigg And they likewise ordained that a Clow should be made at Boulsterbrigg in height two foot and in depth as much at the charge of all the Landholders there but not suffered to run otherwise than when that Clow which was to be made at the end of Hillary diche did run upon penalty of stopping up the Sewer of Elme at Boulsterbrigg And that a Causey lying in Reynold's drove be made from Flemyng's drove to the River three foot in height and eight foot in bredth at the charge of all the Landholders in Longland And that the drayn of the Vicaridge Lands in Wisebeche called the Werch or the Weares should be raised three foot in height and eight foot in bredth at the croft of Iohn Simonde at the charge of all the Landholders in Elme that drayned thereby And they moreover ordained that Meesdrove Bolney hirst drayne and Cromediche should be raised and amended in all places needfull by a Causey of three foot in height and eight foot in bredth at the charge of the Sewer at Elme and the Lands of Bolnehirst And that all the Pipes Bridges Causeys Croftes Clotes and Clowes which ought to be made by the men of Elme be repaired and amended and sufficiently made before the Feast of S. Peter ad vincula upon penalty of stopping all the Sewers of Elme lying in Wisebeche And that two Pipes be put in East field and
bredth six foot and in depth three betwixt the land of Martin Thompson and the land of Iohn Mendham at the charges of the landholders who had benefit thereby And that another Sewer should be made in the same field in bredth six foot and in depth three betwixt the land of Iohn Rogerson and the land of Alice Pope at the charges of all those persons who had also benefit thereby And that there should be another Sewer made in Longefelde in Neutone of the like bredth and depth neer to the lands of Iohn Derby called Barowsdyke and betwixt the land of Simon Thomsone from Mil-lane to Medow-lane at the charges of all those who had Commodity thereby And that another Sewer ought to be made in the middle of the said field called Longfield from the land of Sir Iohn Colvyle Knight neer to the land of Iohn Godeknape unto the said next Sewer in bredth six foot and depth three at the charges of all persons having profit thereby And that all the hades of the lands of Fytton croftâ—s should be digged from Doddyke to Medow-lane in bredth eight foot and depth four at the costs likewise of those who had benefit thereby And that all the hades likewise of the lands of Fytton croftes should be digg'd in bredth eight foot and depth four from Lowynsfendike unto Doddys at the charges of those persons who should have benefit thereby And they presented moreover that there should be another Sewer made by the hades of the lands in the middle of Oldfield from Fdtton croftâ—s to the land of Sir Iohn Colevile Knight called Wortheynyscroft in bredth six foot and depth three at the costs of all such persons who should have Commodity thereby As also another Sewer at Wortheynyscroft on the South side unto Dod dyke six foot in bredth and four in depth at the costs likewise of such as should have profit thereby And they also presented that the Town of Neutone time out of mind ought and had wont to repair and make a certain Bank called Lowynsfendike beginning at Fytton and leading to Tyd Siddyke two foot higher than it was at that time in the best place and xij foot in bredth And that Iohn Symondeson of Neutone for the whole time aforesaid ought and had wont to make and maintain a certain Dam at the East end of the land in Newfield to restrain the water of the said Newfield from descending into the next field called Rolsefield And that the said Town of Neutone ought and had wont to make and repair a certain Bank in Neutone called the Gordyke beginning at Blokkyslane and leading to Shoffendyche in height six foot and in bredth twelve Whereupon the said Commissioners did decree accordingly And the said Jurors likewise presented that all the Landholders in Newfield in Tyd S. Giles ought and had used to make and repair one Crest in a certain field called Beeslane field in the same Town beginning at Tyd Syddike and extending to Brounesbrigge in height four foot and in bredth eight And that the Landholders in Southfelde in the same Town ought and had used to make and repair another Crest from Tyd Syd dyke to Brounesbrigge in height four fooâ— and bredth eight And that all the Landholders in Southfelde in the same Town beginning at the land of Iohn Houshold abutting upon a certain mansion called Beesplace unto Tyd Syd dyke ought and time out of mind had used to make one Crest upon Syd dyke beginning at Beeslane end and leading to Averey's crose in the same Town four foot in height and eight foot in bredth And that the Landholders in Southfelde aforesaid of the lands abutting upon Brod gate ought and did use to repair and make one Crest neer to the common Sewer on the South side in height four foot and in bredth eight And that all the Landholders in Bradeste of the lands abutting upon Hascroft lane towards the West ought and had used for the whole time aforesaid to make and repair a certain Sewer beginning at the Sewer next unto the land called Stokwellesland unto Brossebrygge in bredth eight foot and depth four And they likewise presented that all the Landholders of the lands in Halcrofte for the whole time aforesaid ought and had wont to make and repair sufficiently the common Sewers in Halcrofte unto Welmany flete thwarting the High way called Crosse-gate and so by the land lately belonging to Thomas Retherwyk and Iohn Mayner unto the land lately belonging to Iohn Bee but then to Iohn Hunstone and so betwixt the land of the said Iohn Hunstone and Isabell Retherwyk unto Sondy lane and there to make one Bridge of one foot in bredth and asmuch in depth and so betwixt the land of Iohn Lambard and the land late of Geffrey Cosyn unto Sedyk lane and the land of a certain field called Blohevede unto the Floudgates And that all the Landholders in Edykfelde from Blakeslane to Mosselane abutting upon Edyke ought and did use to make and repair a certain Sewer at the North point of the lands of Edykfelde aforesaid in bredth eight foot and depth four And they also presented that all the Landholders in Edykfelde ought and had used to make one Sewer at the North end of the lands of Edykfelde aforesaid abutting upon Edyke from Blakkeslane to Barrowsgrene in bredth eight foot and depth four so that the fresh water might have its course to Blakkeslane unto the great Sewer and so the Sea And that all the Landholders in Hornefeld ought and had used to make and repair one Crest in Brodgate in Tyd S. Giles on the South part of the Sewer called Marteynesfendyk unto the Corner where Will. Hubert then dwelt in height four â—oot and bredth ten And that all the Landholders in Cokley field ought and had used to make and repair one Crest in Botteleslane from Bottelesbrigge to the Ee dyke in height four foot and bredth twelve And that all the Landholders in Fendykfelde and North lane feld ought and did use to make and repair one Crest in Blake lane in Tyd aforesaid from Bottelesbrigge unto Tubbesbrigge and from the land of Iohn Ingleche unto Ee dyke in height four foot and bredth eight And that all the Landholders of the lands in Carrowfelde abutting upon Ee gatâ— from Gotebrigge to Northlane ought and had wont to make and raise one Crest in Eegate in Tyd aforesaid where need should be in height four foot and in bredth twelve And that all the Landholders in Tyd aforesaid did use and ought to raise and make one Bank called Byshopesdyke from Tubbesbrigge unto the Ee dyke in height four foot and in bredth twelve And they moreover presented that the Town of Tyd S. Giles ought and had used time out of mind to make and repair sufficiently one Clow or one Dam in the Common Sewer of Tyd next to the Land of Simon Canchâ—ne and Hascroft lane on the West-part and another Clow or one Dam in the
common Sewer at Brownesbrigge and another Clow or one Dam in the Common Sewer at Wâ—singhambrigge and another at Boteleslane brigge and another at Tubbesbrigge so also one in each of the Common Sewers at Mannyngesbrigge Beeslane brigge and Stonebrigge in Kirklane And that the said Town of Tyd ought also and did use to make repair and mantain sufficiently two Banks called Wardyches in Tyd aforesaid viz. the Syd dyke and Thre dike beginning at Avereys trees in Tyd aforesaid and extending to the New fen dyke in the same Town higher by six foot than they were at that time in the best place and in bredth twelve And that the said Town of Tyd ought to raiseâ— maintain and repair sufficiently one Bank called Marteynesfendike in Tyd aforesaid beginning at Avereys trees and leading to Wesynham brigge in the same Town six foot higher than it was at that present in the best place and in bredth xij foot Whereupon the before-specified Commissioners decreed that the said Sewers and Banks should be made and raised accordingly And they likewise for the better safeguard of the said Town of Tyd did decree and ordain that a new Sewer should be made from Brownysbrigge unto Kirklane on the North side of Newgate in bredth ten foot and in depth as much as needed so that the Rivers of Elâ—tesfeld Fendykefeld Cokeleyfeld Hornefeld and Rylondfeld might have their course to the House somtime belonging to Will. Noche but then to Will. Hobart on the North part of Brodgate and so thwarting the Broadgate unto Brownesbrigge aforesaid on the South side of Brodgate and so unto the said new Sewer and then crossing Kirklane where a fitting Bridge of bredth and depth convenient was to be made and so by the hades of the Lands of Somerleswe abutting on Kirklane towards the West unto Thorgereslane and so by Thorgereslane on the North side unto Hastcroft dyke neer to Thesâ—ill brigge and from Thestely brigge unto the end of Thorgaresâ—ane unto Hascrost mylle hylle thwarting Hascroft dyke and so to the antient Sewer called Brossebrigge and so to the Sea which Sewer was to be made by all the Landholders of the Town of Tyd aforesaid And that the two Sewers on each side Brodgate and Kirkgate from the House of Will. Hobert and Brownesbrigge should be stopt up when need required And that one Sewer should be repaired and digged on the South part of Southgrafte feld neer to the Syddyke viz. from Childesgrave unto the Gorys and so to Theâ—tely brigge eight foot in bredth and as deep as needed by all the Landholders in Southgrafte feld aforesaid And that all the hade Lands of Southgrafte feld aforesaid towards Thorgaresâ—ane should be stopt by the Landholders there upon penalty of xxs. for every of them to be paid to the Bishop of Ely for the time being so that the water of Southgrafte feld aforesaid might have its course to the Sea without any impediment And that every man having Lands or Tenements in Tyd aforesaid might take Earth to repair and make the Shoffen dyke from the Common next to the River which is in Tyd aforesaid and Tyd S. Maries which is the division betwixt Cambridgshire and Lincolnshire And that the said Shoffendyke should be barred in three places to prevent Carts from coming thereon and that a certain way in Tyd aforesaid called Beeâ—lane should likewise be barred for the same respect from the Feast of S. Michael the Arch angel unto the Feast of S. Peter ad vincula by the Landholders in Newfelde And they lastly presented that Thomas Floure of Okham in the County of Roteland ought to repair and maintain upon the Bank called Wisebeche Fendyche a certain proportion containing six hundred foot in respect of xxiiij acres of land in Wisebeche and that upon Monday the Feast of S. Wolstan the Bâ—shop and Confessor in the seventeenth year of the said King Henry the sixt his reign the same portion of that Bank was broken and decayed and that the Dike Reeves aforesaid did warn the said Thomas to amend the same which he refusing to do the fresh waters made the said breach greater whereby the portions of the same Bank belonging to Geffrey Lambard and others adjoyning thereto were also broke and ruined to the danger of destroying the whole Country MMMMCCCC acres in Wisebeche MMMMDC acres in Leverington MCCCC acres in Neutone and MM. acres in Tyd being thereby at that time overflowed and drowned Not long after this viz. upon Saturday next before the Feast of the Nativity of the blessed Virgin in 17 H. 6. there was a Session of Sewers held at Wisebeche by Sir Iohn Colevile Knight Gilbert Haltoft and others at which time the Jurors presented upon their Oaths that there was a certain Sewer called South Ee but antiently Old Ee whereby the water of Nene and Weland ought to passe from Noman's land in Croyland unto Dowesdale in the same Town and thence by South Ee dyke unto the East end of the field of Throkenold in Leverington neer the Crosse in Leverington and thence into the Sewer called Fendiche in Leverington and Wisebeche unto the River of Wisebeche at Guyhirne Which Sewer of South Ee aforesaid is the division betwixt Lincolnshire and Cambridgshire And that the moytie of the said Sewer ought to be scoured by the Abbot of Crouland and the Towns of Quaplode Hotheche Fleete Gedney Sutton and Tyd S. Maries in Lincolnshire viz. by the said Abbot to Dowesdale aforesaid and thence by each village aforesaid for their proportions of land in each Town And the other moytie by the Abbot of Thorney and Bishop of Ely with his Tenants of Wisebeche Hundred viz. by the said Abbot for his Fens in Thorney and Leverington bordering upon the same Sewer and by the said Bishop and his Tenants for their Fen called Wisebeche fen in Cambridgshire abutting upon the said Sewer And the said Sewer called Fendiche ought to be clensed by the Towns of Wisebeche Leverinton Neuton and Tyd S. Giles And that the said moytie of that Sewer which ought to be scoured by the said Towns of Quaplode Holbeche Fleete Gedney Sutton Tyd S. Maries was not clensed but stopt up and filled with Reeds Haffs and other Vegetables so that the said water could not have its right course unto the said Sewer called Fendiche and thence to the River of Wisebeche and so to the Sea as it used to have whereby the whole Fen called Wisebeche fen belonging to the Bishop of Ely was drowned so that the said Bishop and his Tenants of Wisebeche Hundred could not receive any benefit in the same And they likewise presented that one part of the water of Nene descended from the Bridge at Peterborough unto Thorney barre aforesaid thence to Noman's land in Croyland Which River the Abbots of Peterborough and Thorney ought to clense from the said Bridge at Peterborough unto Thorney bart aforesaid and thence to Noman's land aforesaid viz. the Abbot of Peterborough the
one half and the Abbot of Thorney the other And they said that the other part of Nene which passeth from Peterborough bridge aforesaid unto Wodeshed in Wytlesey thence to Wittleseybrigge thence by Wittlesey to Wardiscote in Wittlesey and thence into the great River of Wisebeche ought to be scoured from the said Wodeshed to Wardysgote aforesaid by the Town of UUittlesey and the Landholders late Pavy's in March and that it was not then clensed And they said that the Town of UUittlesey ought to clense one Sewer beginning at Goose UUillow drove in UUitlesey unto the North part of Adernale in the same Town and thence to Brodreche in UUisebeche called Upstanlake and that it was not clensed And that the Bishop of Ely ought to clense the said Upstavinlake unto the great River of UUisebeche which was not then done In 9 E. 4. W. Bishop of Ely George Duke of Clarence Richard Earl of UUarwick and Salisbury Iohn Earl of Northumberland Iohn Earl of Oxford Humfrey Bourchier Lord Cromwell Iohn Catesby Will. Ienny Thomas Grey Roger Tounsende Henry Spilman Thomas Daniel and others were constituted Commissioners for to view the Banks Ditches Sewers c. of Marshland Upwelle and Outwelle and of other Towns and Fens by the water which goeth from Erith brigge directly to Benwyke thence to Paddok mere thence to Farset brigge thence to Standground and so to Muscote and from Muscote to Thorney mille and Godelakcrosse by Noman's land and thence to Dowysdale and so to Clowecrosse thence to Wylowedyke thence to Edgreynes thence to Tydegote and thence to the Sea And to make Statutes and Ordinances for the repair of them according to the Laws and constitutions of this Realm and the Statutes of Romeney marsh As also to imprest such and so many Diggers and other Labourers to be imployed in those Works as they should deem necessary for the expedition thereof The like Commission w had they for the view and repair of those in the Marshes betwixt the water running from Erith brigge aforesaid by Ely to Salterslode and Wigenall to Bishops Lenne and the water passing from the same Bridge at Erith by Benwick Gretecrosse and Wyssebeche to the Sea About this time I suppose it to be for it is without date that the Landholders of Pokediche field in Welle exhibited a Petition to the Lords and Commoners of Marshland shewing that the said Field was agisted for its number of acres in as high a measure towards the repair of the Bank called Pokediche for the safeguard of that Country as any part thereof which lay within the precinct of that Bank and that the water of Pokediche did so overflow the same field that they could not dig earth upon occasion for repair of the before-specified Bank and therefore desired that they might drayn the same by a Sewer through the said Bank into Marshland in such a place where it would be of least damage thereto Whereupon they were allowed to have a certain Clow neer Thwart medows for that purpose In 20 H. 8. at a Session of Sewers held at Stuntney in the Isle of Ely by Sir Thomas Knight Tho. Dereham Iohn Fincham and others there was a Presentment then made by the Jurors of all the Sewers at that time in being within this part of the Countrey instancing to whom the repair of each belonged the tenor whereof I shall here insert The Bishop of Ely ought to scour Crekelode extending from the great stream towards Sotherey unto the Willough by the space of two furlongs And from the said Willough to Pulverlake the Cellerar of Bury hath an half part against all others for the space of a mile and more From the said Willough also to Pulverlake the Prior of Modney hath a share So likewise the Prior of Norwich for the Church of Fordham and the Parson of Helgay for the Church of Helgay And the Landholders late Massingham's and Bekeswell's ought to clense the same against the Cellerar of Bury from the said Willough to Pulverlake Which Cellerar of Bury hath also an half part in the middle of this lode against all others for two miles The Abbot of Ramsey ought to scour the Sewer called Balkwere abutting upon Gnat lode for one quarter of a mile And the Prior of Norwich the Rector of Helgay with the Tenants of the lands late Massingham's and Bekeswell's ought to repair the same unto the four Lodes end In Crekelode also Thomas Boteler of Helgay ought to scour a place called Hogges middle for the length of one furlong And the Duke of Gloucester one part in Gretwere a part of the said Crekelode for the length of a mile against all others And another part there for half a mile the Prior of Castelacre Abbot of Wendling and the Tenants of those lands late Bekeswell's Sheting middil in Crekelode ought to be clensed by the said Cellerar of Bury for the space of one mile and more Chutting in Crekelode by the Duke of Glouc. for half a furlong and more Strem middil by the Cellerar of Bury for one mile In Ung medil the Prior of Modney holdeth one part by the space of two furlongs against the Prior of Chetford Iohn Ashfield and the Abbor of Ramsey for the lands late Nich. Gunnes The same Iohn Ashfield holdeth one part in Lodwere in Creklode aforesaid for two furlongs In Bullinger the Prior of Modney holdeth half a part for two furlongs and more against the Abbot of Ramsey The said Prior of Modney and the Tenants of the Lands late Massingham's ought to clense all Gredy middil for one mile The Prior of Chetford ought to scour Iellis middil for the space of one mile The Town of Lyttilport the Widow of Nich. Orme and the Earl of Worcester ought to clense Newdike unto Welney court for one mile Criklode in March beginneth at the Great Ee betwixt March and Welle and goeth on directly to Elme containing by estimation six miles and ought to be scoured by the Bishop of Ely and Abbot of Bury equally Gnat lode beginneth at Hawkyns bytte and continueth to four lodes end containing by estimation three miles and ought to be scoured by the Towns of Elme and Littilport Small lode betwixt Welle and Outwelle ought to be clensed by the Abbot of Dereham from the great River in Welle to Ingram's hirne by the space of three quarters of a mile Another part in the said Smal lode from Ingram's hirne to Seman's gole containing one mile the Abbot of Ramsey and Iohn Aylesham ought jointly to clense Maidlode beginneth at Welneywater and continueth to Sheppe lode and thence to Sheppeslodes end which ought to be clensed by Richard Cranford and Clarice late Wife of Iohn Cranforth by the space of one furlong and by the Town of Upwell for the Lands of Mr. Will. Dunthorne by the space of one mile and for another mile and more by the Town of Welle Shiplode ought to be clensed by Iohn Sambroke for half a mile by
Thomas Beaupre for as much by Iohn Fincham also for half a mile by the Abbot of Ramsey for the like proportion by the Prior of Walsyngham for three miles and by the Prior of Lynne for three furlongs unto the end thereof Wide lode ought to be clensed by the Town of Welle for half a mile by the Prior of Thetford and the Heirs of Bekeswell for xxv furlongs and by the Prior of Lewes for one mile Old Smal lode beginneth from Wide lode and ought for the space of half a mile to be repaired by the Bishop of Ely and by the Abbot of Dereham and Iohn Aylesham by the space of half a furlong Webwinch lake ought to be clensed by the Abbot of Ramsey for the space of two miles The Town of Welle ought to scour from the Sholle of Outwell for the space of half a mile thence the Prior of Lynne unto Mullicourt for one furlong and thence the Prior of Lewes for one mile and more The Bishop of Ely and Iohn Ailesham ought to scour the water-course from North delf unto Salter's lode for the space of half a mile and the Bishop of Ely alone for two miles and more The Lord Scrope ought to clense the Chanell from Darsey lode to Manytownsend for the space of one mile Cock's lode beginneth at Hunney Corner and continued to Manyfeld's end and ought to be clensed by the Abbot of Ramsey and from Mannyfeld's end to Harry Mace's Cote by the Lord Scrope unto Maney lode The River of Nene hath its rise above Northampton and cometh to Peterborough bridg and thence to a certain place called Noman's land and there entreth into South Ee which is distant from Peterborough xiiij miles by estimation Which River ought to be scoured and clensed by the Abbots of Peterborough and Thorney but was not And from Noman's land to Dowesdale by the Abbots of Crouland and Thorney for the space of four miles And from thence to Clows Crosse on the South side by the Abbot of Thorney and on the North by the Abbot of Crouland with the Towns of Holbeche Fleet and Sutton for six miles The River of Wailand beginneth above the Town of Stamford and runneth unto the Triangular bridge at Crouland and thence one part thereof passeth unto Spalding Ee and the other to Nomans land some say that it did antiently râ—n into a certain Fen belonging to the Abbot of Crouland called the Pricmote alias Possons in Lincolnshire and so to the Sea but now that current being stopt it runneth by the South Ee unto Clows Crosse and so to Guy hirne Furthermore betwixt Shepelode and Salterslode there is a Sewer called Thefe lake which ought to be repaired by Thomas Gawsell unto the great River at Salterslode it lying on the West side of Salters lode about half a mile distant Also there is another Common Sewer called Stremelake lying betwixt Shiplode aforesaid and Salters lode which ought to be clensed The Fen betwixt Crekelode Welle and Salterslode ought to be repaired by the Town of Denver for the space of six furlongs and more There is also a Common Sewer called antiently Denver hithe now stopt by the Lord Berkley and the Town of Denver which containeth one furlong and more After this viz. in 2 Edw. 6. at a Session of Sewers held at Upwell upon the Monday next after the Feast of the Nativity of S. Iohn Baptist by Geffrey Colvile Edmund Reaupre Thomas Dereham Richâ—rd Everard and Iohn Willoughby Esquires Iames Hawes and Iohn Schuldham Gentlemen the Jurors presented upon their Oathes that by the great abundance of fresh waters yearly descending from the Counties of Norff. Suff. Cambr. Bedf. Hunt North. Rutl. and Linc. by and through two great Rivers viz. Ouse extending from Cambridge unto Ely thence to Lytilport Chaire thence to Sotherey thence to Helgay thence to Fordham thence to Denver thence to a place in Dounham called Salters lode thence to Wymbotesham thence to Stow-Bardolf and thence unto the North Seas at King's Lynne in the said County of Norff. And the other great River called the great Ee extending from Peterburgh in the said County of Northampton unto Ramsey thence to a certain Sewer or decayed River in March in the said County of Cambridge called great Crosse thence to a certain decayed River or Sewer called Creke lode in March aforesaid thence into another decayed River or Sewer called the New Leame in March aforesaid thence unto a certain place in Upwell aforesaid called Shewysnest poynt and there the said River dividing it self into two Branches whereof the one returneth South Eastward and is called the South branch unto a certain old decayed Sewer in Welney a Hamlet of Upwell aforesaid called Mayd lode thence unto another old decayed Sewer between Welney aforesaid and Lytilport in the I le of Ely called New dike and Creek lode in Sotherey aforesaid thence unto Lytilport Chaire aforesaid and so to the aforesaid great River of Ouse and so to the North Seas at K. Lynne And the other Branch descending North East ward called the North branch from the said place called Shrewysnest point unto a certain place in Outwell aforesaid called Outwell Sholle thence Southward unto a certain place in Dounham aforesaid called Northdelf thence Eastwards unto Salters lode into the said River of Ouse there is yearly drowned within the Towns of Upwell and Outwell aforesaid eight thousand acres of Marish and Pasture grounds over and besides the great damage unto four several Infields of the same Parishes called Plawfield Kirkfield Budbech and Sandyfield to the number of 1600 acres and to the Houses of the Inhabitants of the same Parishes to the number of 300 Housholds were not the same fields and houses defended by great Banks Dikes and Crests made for their safeguard to the great impoverishing of the said Inhabitants specially by the said waters descending by the said great Ee from Peterborough unto Ramsey thence to March so to Upwell and Outwell and thence to the North Seas at K. Lynne forasmuch as the most part of the water of the said great Ee sometimes was conveyed unto the North Seas at Wisebeche by the said decayed Rivers in March aforesaid called Great Crosse Crekelode and the New Leame whereof the farthest River called great Crosse passeth not in distance from the said great Ee in March aforesaid to the said Town of Wisebeche ten miles And the said lode called Crek lode in March aforesaid is not in distance in length from the said great Ee unto the said Town of Wisbeche but six miles and a half And the said New Leame but 5 miles and a half from the said great Ee unto Wisebeche And now the water being forced to take in manner his full and whole course contrary wise from his natural and most ready fall at Wisebeche aforesaid in form aforesaid is constrained unto the said Chapel in Upwell aforesaid called Shrewysnest poynt by reason of the decay of the said
said gotes 56. That the Heddings of Fytton Seacrofts be diked from Dods dyke unto Medow lane in bredth 8 foot and in depth 4. 57. That the Heddings of the lands in Fytton croft be diked in bredth 8 foot and in depth 4. from Lowing's Fendike unto Dods dike 58. That a Sewer be made by the Heddings of the lands in the midst of the old ......... viz. from Fittâ—â— Crosse unto the lands of Ieffrey Colvile Esquire called Worthens Croft in bredth 8 foot and in depth 4. 59. That a Sewer be made on the South side of Worthens Croft unto Dods dike in bredth 8 foot and depth 4. 60. That the Township of Newton time out of mind ought to repair a Dike called Lowings otherwise called Blackdike beginning at Fitton and so leading unto Tyd Sea-dyke in height 8 foot and bredth xii 61. That the Landholders of Iohn Clarke and Rolles field ought to make a Dam at the East end of Iohn Clarke's land in Newfield to keep the water of Newfield from running into Rolles field 62. That the whole Township of Newton ought to repair a Dike called Goredike from Block's lane leading to Shoffendike in height 8 foot and in bredth xii 63. That all the lands in Newton shall clense one Lode called Newton lode beginning at Fendike bridg and leading to Pickerd's stile to the four Gotes in bredth xii foot and in depth 4 foot 64. That the Landholders of Rolles field shall keep their Clotes and the Landholders of Newfield and all other fields that drayn that way shall make their Heddings in Rolles field from the lands of Iohn Clarke aforesaid unto Dod dike and there to make a Pipe of four foot square 65. That a Sewer be made in Newton from viii acres of ...... Drews at Fytton gole at the West end of meadow field and so all along by Medow lane unto West field and so by Sim. Troves 8 acres and from thence by the Heddings of Mr. Colvile's xx Acres and so over the Lane through a pipe to the Common Sewer of Newton to be diked 8 foot in bredth and depth 4 every man against his own land 66. That the Sewer in Fenlondfield beginning at Starts gate and so going into a Pipe lying over Franks lane and so to the mote of Geffrey Colvile Esquire and thence to another Pipe lying over the High way in the same Town of Newton neer to the Common Sewer be diked by all the Landholders that shall take profit thereby 67. That all the lands in Newton do make a Dike coming from Shofendike beginning at Goredike and so leading to Tyd thredding in height 8 foot and bredth 6. 68. That all Weres and Stamps being in the high lode of Newton from Shofendike into the 4 gotes be pulled up 69. That the Township of Leverington do make 8 Bridges in Newton and one Close shut which Bridges do lye towards the South the first at Stanfield's dore the second at the beginning of Black dike two at Leverington pipe with 2 stone walls one at Lords lane another at Child's grave otherwise called Taylors sheers one at Green dike and one at Start's dike 70. That the Landholders of Leverington ought to make the Heddings in Newton beginning at the burnt place in Fytton and so leading unto Fen-dike Bridges and thence by Galls field unto Start's bridge in height ... foot and in bredth 8 taking menure and paying to the Owner for every Rod of length 18 foot bredth 4 foot and depth four foot four pence Tydde S. Giles 71. That all the Landholders in Tyd S. Giles ought to make a certain agisted Dike called Shoffendike from Tyd thredding unto Ee graynes in Tyd in height six foot and bredth 8. 72. That a Bank called Ee dike and all Ee Banks from the said Eegraynes unto Tyd gote shall be made of the same height and bredth by all the said Inhabitants saving against Hockfield and other two places called the Ee dike or Bishops dike The which Ee dike to be made by the Bishop of Ely and the others by the Lord of the said Hockfield 73. That a petty Drayn be made in Newfield beginning at Brown's bridge at Newgate leading by Broad gate and Barngate to the Bridge at Churchgate in bredth 8 foot and depth 4. by the Landholders on the North side of Newgate bordering on the same Drayn 74. That a petty Drayn in Somerlesue be scoured beginning at the said Bridge at Church gate and by Church gate going to Littilbrigg in bredth ... foot and depth 4. by all the Landholders in Somerlesue and a Shut or Dam made at the said Littlebrigge as oft as need requireth 75. That all the Dikes lying against the North side of the Town drove and under Old dyke and Fen lane beginning at Skepgate brigg and so by the Droves to Shofendyke be scoured by all their Heddings every one against his front 8 foot wide and four foot deep 76. That a Crest be made in Towndrove beginning at Gaunt's brigge and so leading unto Cowstowe thence unto Fen lane and thence unto Ee dike in height 6 foot and in bredth 8 foot by all the Landholders in Rylondfield Carrow field and Northlane field And from Fenlanes end unto Shofendyke one Crest to be made in height and bredth as aforesaid by all the Landholders in Elletfield 77. That a Pipe be made in the same Bank a little from Gaunt's brigge out of the Lode for the drayning of the Fen and not to run but at such time as it shall not surround any other lands 78. That all the Wardikes in Tyd aforesaid shall be barred at all times in the year when need shall require by the advise of the Headborows and Dike-Reeves of the same Town that is to say aswell Town drove Fenlane South dike Tyd thredding Blackdyke and Beyslane as all the other agisted Banks and Dikes 79. That the Landholders in Tyd do make a Crest in Beyslane beginning at Tyd Sea dike and so leading unto Brown's brigge in height 4 foot and in bredth 8. 80. That the Landholders in South-field beginning at the lands late Iohn Houshold and abutting upon a certain land called Beyse place and leading unto Tyd Sea dike ought to make one Crest upon the Sea dike beginning at Beislane end and leading to Averie's trees or Black dike in height 6 foot bredth 8. 81. That all the Lands in Brodhest abutting upon Haftcroft lane do repair a petty Drayn beginning at the Common Sewer ....... and leading by the said lane unto Brassey lode in bredth 8 foot and depth 4. 82. That the Common Drove in Halcroft beginning at Hall pasture and so leading between the lands of Sir William Cordall Knight and so by the said Lane unto Welman's street and so into the old Sewer and so by the Sea gate green unto Skepp's board and so by the Sea bank unto the Common Sewer be clensed by all the lands lying upon the same 8 foot broad and 4
foot deep 83. And that at the said Shepes bourd be made a Bridge with a Close shut or else a Dam and the said place to be stopt at all times at the discretion of all the Head-borows and Dikereeves of the said Town 84. That the Landholders in Ee dike field from Black lane unto Mosse lane abutting upon Ee dike make one petty Drayn as oft as need shall require at the North head of the same land in bredth 8 foot and in depth 4 foot so that the water of the said field may have his course to the Common Sewer 85. And that the Landholders of the same field from Blacklane unto Barrow's greene at the North head of the same field ought to make one petty Drayn in bredth 8 foot and in depth 4 that the water may passe into the Common Sewer 86. That one Sewer be made at the East side of Crosse gate beginning at Thack ..... a little from Chaucheon's bridg and so leading through a Pipe at Black lane unto Black .... and so to Garreds lane end and so through Seagate greene unto Helgay's gote 8 foot wide and 4 footâ— deep by all the Landholders thereto adjoyning 87. That all the Landholders in Hurnefield make one Crest ..... in Broadgate at the North side of the Common Sewer thereâ— from Sheppers gate bridge unto Hubberds Corner in height 4 foot and bredth 8. 88. That all the lands in Cockley field ought to make one Crest in Bottel's lane from Bottel lane brigg unto Ee dike in height 4 foot and in bredth 8. 89. That all the Landholders in Fendyke field make one Crest in Blacklane to begin at Tubbesbrigge unto Bottlebrigge And in like sort the Landholders in Cockley field to make one Crest in Ey gate from Bottel brigg unto Ee dyke in height four foot and bredth ..... 90. And in like manner the Landholders of Carrow field to make one Crest there 100. That the whole Township of Tyd do make one Shut or Dam in Brasselode Dam in the Sewer and one other Dam at Dike Landam And another ..... head Acres under the Sea dyke with Shuts to stop out the salt water And also a Shut at Hornelanes end another at Foster's dam Another at Thursley bridge Another at Tubbes brigge another at ...... Bridge in Kyrklane All which to be stopped by the Assent of the Headborows and Dikereeves when need shall require 101. That the Landholders of Tyd ought to keep two Wardikes viz. Tyd Eedike and Thredding beginning at Averey's trees and so leading to New fendike alias Shoyfendike in height 4 foot and bredth 6. 102. And another Wardyke called Black dyke and Skeppers gate to be made by all the lands between the East side of the said Dike and the Sea-bank and by all the Commoners of the said Town Which Dike beginneth at Averey's trees and so leadeth to Tyd bridge to be made in height 8 foot and bredth 12. The Presentments of Elme and Coldham are wanting Upwell and Outwell 103. That Henry Cowper shall make his Bank in Upwell aforesaid from Lakebrigg unto Dods stile otherwise called Sewell's clout as the Abbot of Bury hath done before his time which Bank to be in height 6 foot and bredth 8. And that there shall be two good lawfull Gates between the said Lakebrigge and Dods stile for passage of people 104. That all persons having lands in Budbech field in Upwell ought to make their part of Green dike from Dod's stile and so to the Stony Crosse at Sumpter's dore every man his part 8 foot broad on the top 105. That the Sewer called the Chayre in Upwell more beginning at the great River of Welle and descending unto Coxecote tree thence to Darsey lode and so to Welney River be scoured in bredth xvi foot and depth 6 foot by the Bishop of Ely for his part Edm. Beaupre Esquire for his part and all others that have been charged heretofore 106. That Fryday lake and Magglake in Outwell and Upwell be clensed by the Inhabitants of both the said Towns in bredth ....... foot and depth 4 foot 107. That Bishop's dike which beginneth at Sewell's clout in Upwell and thence extending to Langbeche which lyeth in Elme ought to be made good by all the Lands of Upwell 108. That a pair of Barrs be kept at Sewell's clote 109. That every Were and Dore in the great River be xxiiii foot wide or more and all other Rivers and Draâ—ns in the Hundred of Wisbeche xviii foot in bredth or more 110. That Budbech Sewer beginning at Broad Common and coming to Pyes drove and thence going to a Pipe at the house of Simeon Fyncham being decayed and grown up be clensed in bredth x foot and depth 3 foot by all the Landholders of the said field 111. That the Sewer called Newdike lying in Buriall field in Outwell beginning at the East end of a Wood sometime Hilbrond's and descending unto the Chapel-bridg and thence to a Pipe at the Stone crosse at the dore of Ric. Sumpter be clensed and that there be a Sluce set at the Bridge at the house of Iohn Chambers and then that the Bank at Mildam being cut the water may passe to the River called the Salt Ee. 112. That in the watering place in Elme marsh be made a Pipe of stone with a Sluce that may stop the water when it is high in the River of Elme so that it descend not backward 113. That a pair of Barrs be set up at Dod's stile alias Seywell's Clout 114. That a Dike called Brokendike lying in Elme ..... upon the East side of the Salt Ee be made in height ...... foot and bredth xii foot by the whole Country of Marshland 115. All Weres and Stampes within the Hundred of Wisbeche to be pulled up 116. That if any person be negligent in making or repairing their Banks or in scouring their Drayns within the said Hundred of Wisbeche according to such Orders as they are bound to do that it shall be lawfull for the Dikereeves of every Town to cause them to be made and being so made to distrain any lands of every such person so neglecting And if he be not stramable then to distrain upon any other his lands lying within the said Hundred of Wisbeche or elswhere within the Realm of England and to sell the distresse paying to the Owner the overplus when the charges and expences are deducted according to the Laws and Statutes of this Realm 117. That new Agistment Books be made by the Headborows with the Dike-reeves of every Township 118. That all pains forfeited the moytie of them to redound to the Bishop of Ely and his Successors and the residue to be bestowed upon the Banks Barrs Crests c. 119. That the Bank beginning at the Horshooe and so leading directly to the Town of Wisbeche which is the defence for the East field be repaired by Thomas Orrell Esquire from the said Horshoo to Leverington Wardyke and to be
to the Sluse by Ouse Cxiiii Rods and a half And they then also decreed that for taking away of the Sock of Bishop's dike and better drayning of this Fen a Drayn should be made under Bishops dike within the said Fen xxx foot at the least from the said Bishop's dike in bredth x foot and depth ..... the menour whereof to be cast towards Bishops dike The which Drayn to begin at Fenbridge and to go to the Barrs that part the Fen in the possession of Alex. Baalam Gent. c. thence to a pair of Barrs standing on Bishops dike next to the West corner of Malles fen then to the Drain called Langbech thence to Dods stile and thence under Greendike to the Sluse lately erected at S. Christopher's Chapel And that there should be another Sewer made from Hall's fen to the said Sluce at St. Christopher's Chapel And likewise that an antient Sewer belonging to the said Fen called Knights dike beginning neer Benford's Hall now Mr. Alex. Balaam's house and so passing under Needham dike on the North so unto Elme drove and thence to the Drove in Buriall field neer S. Christopher's Chapel should be kept and maintained in bredth xii foot and in depth five And moreover that the agisted Dike called Ea brinke beginning at Needham dike and extending from Maryes dam unto Dod's stile should be from time to time repaired And that for default in payment of the Acre-shot the Dikereeves to levy for every iiiid. by them expended vid. and for every iiiid. unpaid to levy vid. Likewise that an Indike be made on the North side of the Sewer extending from Hodghirnâ— through Bardolph fen and a new Sluse neer the River Ouse at the East end of Common lode and an Acre-shot of xiid. the Acre imposed upon all the lands in Nedham and Buriall for supporting the charge thereof And that for default in payment of the Acre-shot distresses should be taken and sold restoring the Surplusage in any Market within ten miles And at a Session of Sewers holden at Lynne Regis ult Sept. 33º Eliz. before Sir Iohn Peyton Knight Nich. Hare Hâ—mfr Guibon Edm. Bell Rob. Forest Tho. Oxburgh Alex. Balam Iohn Willoughby and Miles Forest Esquires it was farther ordered that whereas the Acreshots imposed upon Richard Fyncham Gent. towards the drayning of Nedham fen amounting to xxxvil. viiis. were not paid noâ— any distresse to be found upon the grounds charged therewith and that Rich. Fyncham and Rob. Fyncham interessed in the reversion of the said lands did refuse to pay the same that Iohn Fyncham of Upwell Gent. having paid the said sum to the Dikereeves should have the said lands for a certain term of years Upon the 19 of Sept. 39 Eliz. at a Session of Sewers held by Edmund Bell Iohn Reppes Tho. Hewar Tho. Oxburge Rich. Ogle Anthony Irby Alexan. Balam William Guibon and Iohn Hunt Esquires there were certain Laws and Ordinances made concerning the course of Welney stream and Welle stream with other Sewers the substance whereof are as followeth viz. Whereas it is evident that not only the Rivers of Grant Nene Ouse and Weland but the land-land-waters from the Counties of Hunt Northampton Cambr. and Norâ—f and some part of Suff. which border upon the Isle of Ely do stay in the Fenny grounds of the said Isle c. forasmuch as neither the several Rivers nor the other streams that are fed with the same as March stream the New Leame the West-water and divers Lodes within those limits be sufficiently clensed not imbanked for the ready conveyance of them to the Sea by means whereof the Out-ring Banks of Deping Croyland and South Ea in Com. Linc. and the Fen dike Waltersey Bank Bishop's dike Elme Ee brinke Coldham and Redmore Bank in the said Isle of Ely and the out-ring of Marshland as also the New Powâ—ike in Com. Norff. are in years of water much chargable to the owners and Inhabitants of those Countries and those Fenny grounds lye unprofitable The said Commissioners deliberately considering the redress do conceive that by renewing of the former depth and wideness of those Rivers Lodes and streams as also of the decayed Banks and by farther imbanking in places convenient the said Marish grounds will be perfected or much amended and therefore did ordain that Welney stream and Well stream from Litelport Chayre to Well ea and so towards Elme as the same have been accustomed to have their fall And March stream unto Shrewysnest where it falleth into UUell stream As also that the water of South Ea antiently called the Old Ea from Clow's Crosse unto Guy hirne before the x of December which shall be in the year 1598. shall be clensed and scoured by such as were to do the same And that the Lode called Small lode from the great River in Upwell to Ingram's hyrn be scoured by Sir Iohn Peyton Knight Dame Dorothy his wife or Edm. Bell Esquire for their lands in Upwell and Outwell parcel of the Possessions of the late Abby of Dereham and thence to Seman's goole and thence to Northdelph by those whose lands lye adjacent thereto So also Darcey-lode and Coxlode Likewise that Maid lode and Ship lode and the moytie of London lode which endeth at Northdelph should be perfected the Banks to be made in the bottom xvi foot and four in the top and five foot in height And the said Maidlode to be five foot deep and xxx foot wide by the space of the first 2 miles thereof And for the next two miles in wideness 25 foot and for the residue of the same and Shiplode xx foot with a Sluce at its fall into the River of Ouse in widenesse xii foot of water and in depth below the low-water-mark of the said River as it hapneth to be about Bartholmew tide all to be done by those that have interest of Common in Neatmore And the other moytie of London lode beginning at Upwell Causey to be done by the Inhabitants of Upwell for the residue of their Common called Neatmore lying without the limits Likewise that a Tax of x s. the Acre be imposed for erecting of Sluces heightning of Banks and making of Drayns and in default of payment thereof the one half of their lands who shall neglect to be sold. Moreover that for drayning of Denver fen a Sewer of xviii or xx foot in bredth be cut through the same to the great River of Ouse and a Sluce at its entrance thereinto And that the Bank called the Causey extending from the Crosse at Upwell Town 's end unto London lode head and the Bank called the Indike leading from thence by the North side of London lode to Welle streme at Northdelph with sufficient Indikes to the said Bank and Causey should before the first of Ian. next following be made and maintained of the like widenesse height and bredth as those that should be Purchasors or Lessees did or should make theirs between London lode
place by Priests houses where Ouse parva or Brandon water falleth in But divers Lodes Lakes and Dikes at S. Edmunds lode Gnat lode and Docky lode which took their natural fall into a great Meer by Welle called the Wide and from the Wide by divers tracts as Webwinch lake Aldy lode old Smal lode Cheselbeche Waxbeche lode Small lode and so into the River at Upwell and thence with the same Branch from Litleport to the North Seas at Wisbeche But Wisbeche outfall decaying and the passage of Nene by Crouland likewise faâ—ling through the decay of of Spalding River and other hinderancâ—s the Westwater or first branch of Ouse with Nene united waxed weak in the passage and so fell down by Marche to Welle and not finding passage by Welle at Shrewes nest point the most part thereof turned back again to Litleport by the old forsaken second Branch of Ouse and holdeth that course to this day This second Branch of Ouse with Grant united lying hereby debarred of passage by Wisbeche means was made to let it fall from Litleport-Chair to Rebbech by a lode which at the first seemed to be called Hemmings Ea and so in Ouse parva's Chanel passed to Salters lode and thence to Lynne whose Chanel not long before that time was not above six pole wide being then by due presentment said at that time to be both infficient for the Haven and Vessels thither resorting by the inlet of the Salt water and large enough to passe away the fresh as by the proceedings of a fair Commission thereof in An. 1378. may appear Then began the waters from above Welle and all thereabouts to seek their passage by that Tract to Lynne UUisbeche Chanel and so as low as the Crosse Keys which was over the face of the Marshes betwixt Welle and Wisbeche and so downwards towards Tirington utterly thereby decaying as to this day may yet be seen But the people of Marshland finding themselves overcharged by these waters upon complaint made to King Edward the first obtained a Commission An. 21 Edw. 1. to have the waters of Welle which antiently had their outfall by Wisbeche to be brought and carryed in debitum antiquum cursum c. Then were there three stopsmade viz. the first at Fendike about Upwell Towns end neer where Popham lode Sluse now standeth 2d at Small lode bridg and 3 at Outwell bridg and order taken for opening of the Rivet from Welle to Elme floudgates upon the Confines of both Counties at the costs of the people of the Isle and of Marshland indifferently To shew that the River of Ouse had its outfall at Wisbeche besides what is before exprest 1. The Sea-banks from Welle to Wisbeche 2. Wisbeche Castle founded super flumen illud famosum quod Wel streme appelatur Regist. de Petroburg 3. Situm est praedictum Castrum quod à pluribus paludibus rivulis fontibus principium habet per longos meatus in mare magnum juxta Wilbeche derivare liquidè comprobatur Regist. de Thorney parâ—e 3a. p. 34. 4. The people of K. Iohn perished in the waters of Welle That there was sometime no River between Litleport Chaire and Rebbech 1. a Record vouched by Mr. Hexham Surveyor to Philip Earl of Arundell the tract of the River being of a clean conâ—rary nature viz. more straight than any of the Ouse in all the Fens from Ely to Wisbeche 2. The imposing of the name of Heming's lode in the Description of Rack fen in the words of the Record viz. à le Chaire per Heming's lode usque Gnat's lode end That the waters of the Isle should not nor of old did fall down from Welle upon Marshland Eastward nor into Welle Fens in Norff. 1. See the Commission de anno 21 E. 1. 2. See the Leet Rolls de anno 29 E. 1. pro Wadingstow fracto in hiis verbis Reginaldus de Burgo fregit obstupationem de Wadingstow factam per Breve domini Regis reversit aquam extra rectum cursum suum ad magnum dampnum nocumentum totius patriae ideo in misericordia iiis. See there some others amerced for the like and in the next Leet how their Pledges were amerced and the Offenders commanded to be attached 3. See in the Rolls of Upwell Leet 12 E. 2. in fine divers amerced for breaking or hurting the Banks of the Fenn called the Fendike between Welle and Wellenhe and many Presentments to prove that there were Banks from Upwell to Wellenhe and that they should not be broke nor cut nor the water turned into the Fens neer Marshland 4. See the stopping of the waters of Welle from falling upon Marshland upon rhe Complaint of Marshland men made to the King by whose Commission they were stopped at Outwell brigge at Small lode brigg and at Fendike lake in Upwell and at a place neer the Sluse at Upwell Towns end on Popham lode head sometimes called UUadingstow 5. And upon the breach of the Dam at Smal lode bridg by means of a Complaint of Marshland-men see a Commission sent down in 25 E. 1. to enquire of the Malefactors and to punish them expressly for breaking Small lode dam and a Writ of Attendance directed to the Sheriff to that purpose 6. And that Small lode dam was according to this Commission made and fortified again appeareth plainly by divers Presentments and punishments set forth in the Leet Rolls of Upwell aftâ—r those days only one of 12 E. 2. shall suffice viz. Et dicunt quod Walterus Jollyff consuetus est trahere batellam suam ultra estupationem factam per Breve Domini Regis apud le Little lode per quod dicta obstupatio deterioratur ideo in misericordia iis. See there 4 or 5 more amerced for the like And that there were Banks from Upwell to Welleney aboard the great river kept that the water should not fall into the Fens on Norfolk side may be proved by very many Presentments almost in every Kings time since Edward 1. to K. Iames viz. in 1 2 22 23 24 25 E. 1. 2 E. 2.12 15 16 18 E. 2.3 4 E. 3. c 2 R. 2. c. I will only add one more old Record to prove that the waters of the Isle should not fall into the Fenns on Norff. side An. 24 E. 1. Iuratores dicunt quod Adam Noach cidit communem dravam per medium juxta hold Wellen hee per quod cursus magnae ripariae hold UUellen hee transversus est ex recto cursu versus mariscum ad grave nocumentum totius Communitatis ideo dictus Adam in misericordia xiid. And in the Leet following his Pledge was amerced and pained to have it amended and he himself distrained to answer to it So that where it is here said and in many other places also that the stream of the great River of Wellenhee was turned out of his right course by cutting the Fendikes or Droves in this Presentment and some others it
proceed farther therein because they had not power to compell the said King thereto as by the â—â—nor of the said Inquisition appeareth He therefore for prevention of the damage and peril which for default of such repair of those banks c. might happen being willing that in what concern'd himself all should be done according to reason commanded them the said William Robert and Robert that they should assesse his said Lands for contribution to those repairs according to the quantity of them as they did others for theirs And moreover gave command to Stephan Padiham his Bayliff of Ihamme that he should contribute out of the profits of that Mannour towards those repairs according to the proportion of what the said King held in those Marshes in such sort as others did to the end that the said repairs might not any wayes be retarded In 14 E. 3. Geffrey de Cotes Thomas de Weyvill and Philip de Ellevenwyk had Commission for the view and repair of the banks c. on the Sea-coast in the Marsh neer Pevenesey and Willingdon and those adjacent And the like Commission in 15 E. 3. had Iohn de Frenes Will. de Notton Rob. de Sharenden Thomas de Battenham for those betwixt Bremesley in the Parish of Bixle and a place called the Slough lying betwixt Pevenesey and North Eye And in 16 E. 3. the King by his Precept directed to Iohn Clynde then Bayliff of his Mannour of Ihamme wherein he reciteth his commands to Stephan Padiham his Bayliff of the same Mannour in the 10th year of his reign as I have already shewed and the necessiâ—y of the repair of those Banks in Northe mershe and Spadelonde gave him also strict chardge that he should not omit to contribute out of the revenue of that Mannour according to the proportion which he the said King had in those Marshes in such sort as others did for their Lands forasmuch as the said Banks were at that time for the most part very ruinous But notwithstanding this great care which it appears the King had the work was not perfected of three years after for in 19 E. 3. I find the like Precept directed to the same Stephan who was again his Bayliff of the said Mannour in that year In 17 E. 3. Sir Andrew de Sakevill Sir Andrew Peverell Sir Iohn de Fiens Knights and William de Sessingham had Commission to view and repair the Banks c. in Wretling Hoo Nonfield Ashburnham and Bixle Pevenesey Shipegongebrigge and also Piglynde What was done in that Marsh of Spadelonde before mentioned in pursuance of the said Kings Precept I cannot say but this is certain that within few years after through the force of great Tempests the Sea-banks betwixt Winchelse and Dauneswalle and betwixt Pykammyll and Trecherie were so broken and decayed that as well the Kings Lands as the Lands of divers other persons in that Marsh were overflowed at every Tide to the danger of their utter ruine and the apparent depauperation of the Town of Winchelse and the parts adjoyning The King therfore for the speedy repair thereof did in the 25 of his reign assign Iohn de Ore Stephan de Horsham Robert Arnald and Will. de Pageham his Commissioners to view them and to take order therein In like sort in 32 E. 3. were Sir Iohn Waleys Sir Hugh de Boucy Knights Thomas de Thorpe and others appointed Commissioners for the view and repair of those in a certain place called Pende betwixt the Towns of Brembre Shorham and Launcyng So also in 33 E. 3. were Iohn de la Lee Andrew Saukevill and others for those Banks in the Marshes of Pevenesey Bourne and Wylyngdon The like Commission had they the year following for those in the Marshes of Peveneseye Wylyngdon and Estburne between Hastings and Sefford and the parts adjacent So also in 36 and 38 E. 3. And in 40 E. 3. Raph Spigurnell Robert Bealknap Andrew de Guldeford and others were assigned to view and repair the Banks of those Marshes within the liberty of the Town of Rye towards the East unto the Kings high way which leadeth from Pladen unto the same Town of Rye and towards the South to the said Town of Rye and towards the West to the Sea-bank called Melflet and towards the North to the lands which are called Bernardeshill from Kyngeswyst with direction to determine all things therein according to the antient Law and Custome of this Realm Upon an Inquisition taken in 42 E. 3. the Jurors presented upon their Oaths that one William Fishburne Clerk had then newly made a stone wall upon the Sea-coast at Boseham in pure almâ— and of his meer and free will without any cohercion whatsoevâ—r whereas before that time there had not been in the memory of man any Bank or defence there against the Waves of the Sea but the ground lay waste through the ebbing and flowing of the Tides And they farther said that the Bishop of Exeter was then Lord of the Town of little Boseham and that his Lordship there lay abutting on the Sea-shore in length viz. â—rom the Prebend of Fouctone to .............. of Boseham on the East part to the Prebend of Westebroke in the said Church on the West part excepting one Watermill a Smiths Forge and a Cotage and that the said Bishop had divers edifices there in the hands of Bondmen which were then worth by year beyond reprises xiijs. iiijd. And that several other persons had also Lands there And moreover that the said Bishop and the rest of the Land-holders there were bound to contribute towards the making defence against the Sea-tides there according to the proportion of what they held And in the said 42 year of E. 3. it appears that Robert Bealknap Robert Churchehull William Merlot Iohn VVyn and others were appointed to see to the repair of those Banks c. at Boseham In 44 E. 3. Godfrey Folejaumbe Robert Bealknap Roger Ashburnham and others were constituted Commissioners for the view and repair of the Banks betwixt the Towns of Borne and Rye In the like sort were the Abbot of Battaile Rob. Bealknap Roger Ashburnham and others in 48 E. 3. In the same year the King being informed that the Burgers of Wynchelse had for the advantage of that Town and benefit of the whole Countrey built a certain Bridge at Pypewel over a water called the Chanel of Wynchelse upon the said Kings soyl on both sides of the water for the passage of people and all carriages which was not done with little chardge And that by the violence of the Tides and flouds of fresh water passing to the Sea the said Bridge and banks on each side the said water betwixt the said Town of Wynchelse and the Towns of Odymere and Rye were so broken down and ruined and all the High-wayes about the said Town of UUynchelse so overflowed that
scarce any one could come in or out thereof he granted Commission to the Abbot of Bataille Thomas de Reyns Lieutenant to the Constable of Dovor Castle Will. Batesford Roger de Ashebornham and others to view the said Bridge and Banks and to take order for the repairing of them In 2 R. 2. Will. Horne Roger de Asheburnhamme and Iohn Edward were appointed Commissioners for the view and repair of the banks c. betwixt UUortlyng and Catesfelde In 3 R. 2. upon complaint made to the King by the Commonalty of the Town of UUynchelse shewing that there was a common way called Copgreys then lately leading from the said Town unto Bataille as also a certain Marsh called Dynsoale lying betwixt the Towns of UUynchelse and Hastyngs which way and Marsh through the neglect of some persons in those parts who of right ought to repair and maintain them were destroyed and overflowed by the Sea the said King by the assent of his Prelates Barons c. then sitting in Parliament assigned the Abbot of Bataille Rob. de Bealknappe Will. de Battesford to take view of the said way Marshâ— and to enquire by the Oaths of honest and lawful men c. through whose default those damages had hapned and who had used and ought to repair them and to compell them thereto in such sort as in Romeney marsh in the like case had been accustomed And moreover to do and perform all things therein according to the Law and Custome of this Realm and the Laws and Customes of Romeney marsh aforesaid In 4 R. 2. Sir Thomas de Hungerford Knight Iohn Prior of Michesham VVill. Horne Roger Ashburnham and others were made Commissioners for the view and repair of those banks upon the Sea-coasts betwixt the town of Bourne and the Towns of Helyng and Bixle And the next year following Sir Edward Dalyngrugge Knight Sir Edmud Fitzherbert Knight Iohn Edward VVill. Olmested and Thomas Blast were in like sort constituted for those within the Rape of Pevenese In 6 R. 2. the King directed his Precept to Adam de Limbergh Guardian of his Manour of Idene commanding him that out of the form of the said Manour he should cause the banks and ditches belonging thereto to be repaired where need was according to the judgement of honest and lawful men of those parts Other Commissions in this King's time were these viz. in 7 R. 2. to Robert de Ashton Constable of Dovor Castle Robert Bealknap Sir Edward Dalingrugge Knight VVill. de Horne Peter Rede and VVill. Batelesford for those banks c. in the Towns of Idenne Rye Odymer Brode Farlegh Pette UUynchelse Iclesham Gestling and UUestfield In 8 R. 2. to Sir Robert Bealknap Sir Tho. Hungerford Knights Roger Ashbournham Will. Batisforth and Iohn atte Broke for those betwixt the Town of Bourne and the Towns of Helyngham and Bixle In 14 R. 2. to Sir Thomas Colepepir Knight Will. Rikhill Roger Ashburnham Stephan Bettenham and Iohn Edwards for those betwixt the Town of Kentbregge and Newenden then much broken by the violence of the Sea And to act therin according to the Law and Custome of this Realm and the Custome of Romeneye marsh In the same year to Hugh de Sowches Iohn Falwesly Will. Percy VVill. Brinchesle and others for those betwixt the Town of Ifeld and the main Sea upon the River of Lewes and Passage of Pulberowe and the main Sea and upon the River of Arundell on both sides of the banks and to do all things therein according to the Law and Custome of this Realm In 15 R. 2. to the Abbot of Begehame the Prior of Michelhame Iohn Devereux Constable of Dovor Castle Sir Will. Fienles and Sir Roger Newent Knights Will. Batelesford and others for those upon the Sea-coast and Marshes in the Towns of Peveneseye Aylesham UUrotlynge Hoo Herst Monceaux Mankesheye UUylyngdon UUesthamme Horsye and elswhere from the head of Godyng to Clune of Bourne And so likewise by another Commission for those within the Precincts of the Townships of Ashbournhamme and Bourne In 17 R. 2. to Will. Rikhille VVill. Brenchesle Vincent Fynche Robert Oxenbrigge and Iohn Lynot for those in Farlegh Pette-Gestlyng Brede Westfeld Odymere and to act therein according to the Law and Custome of this Realm and the Custome of Romene marsh And in 20 R. 2. to the Abbot of Bataille Prior of Hastyngs VVill. Brenchesle Robert de Ore and others for those betwixt Hastinges and Bulwerheche and to proceed therein as abovementioned The next year following upon a Commission issued out to the Abbot of Begeham Prior of Michelham Sir Wil. Fienles Knight VVill. Makenad and Iohn Broke touching the repair of the banks c. betwixt Ashebournehamme and Bourne the Jurats inter alia presented that the bank beginning at Borham brigge and going to the land of Sir VVill. de Hoo Knight was in decay through the default of the Abbot of Begeham and his partners And from thence the Bank leading to the land of Stephan Plasted through the neglect of Sir Will. de Hoo Knight And from thence the banks reaching to the bounds of Marcopson through the default of Stephan Waller and VValter Sumpter And the banks reaching from that place to the Land of Iohn Sweteblod in default of Sir Philip Sencler Knight And thence the bank tending to the land of Sir Philip Mested Knight in default of the said Iohn Sweteblod And thence the bank stretching to the land of Sir Will. Fienles Knight in default of the said Sir Philip Mested And thence the bank tending to the land of Simon Lot in default of the said Sir VVilliam Fienles And thence the Bank tending to the old sluce of Pevenese in default of the said Simon Lot All which persons by reason of their Land-holdings within the said Marsh were obliged so to repair and maintain those banks by parcells their Ancestors and those whose estates they had having time out of mind so done And that then through such their neglect many losses had befallen those parts And they also certified that the Sewer beginning at the bounds of Squabber and extending it self to Gorebreggs and so to Sakevylestrow and so to Yortham and thence to Rikenebrigg and so to the old Sluce of Pevenese and thence to Wyllendonestrow and so to the Gutter made through the midst of a Hillock by which the fresh waters descending to the Sea from six thousand three hundred fifty eight Acres three Rodes and a half of Land Meadow and Pasture had wont to passe and of antient time ought so to do anâ— from the said bounds of Squabber to the said old Sluce of Pevenese was then filled up and obstructed with grasse reeds and other filth for a long time suffered there to grow and from the said old Sluse of Pevenese to the said Gutter in such sort as that by the shallownesse thereof the course of the water
it was then likewise presented that the course of the water called Wythyrne was stopped by sand and weeds through the neglect of the said Abbot of Glastonbury and his Tenants of Wythyes on the one part Sir VVill. Cogan and his Tenants of Honyfpull on the other part And that afterwards the said Abbot and his said Tenants constituted the said Iohn Fytelton and Iohn Panes their Attornies to answer thereto And by another Inquisition taken at Taunton the Thursday next after the Feast of S. Giles the Abbot in the sixth year of the said King the Jurors upon their Oaths did say that the said Abbot did at Monketon maintain certain Trees hanging in the River of Tone overthwart the same stream insomuch as Boats could not passe there betwixt the Mill of Tobrigge and Bathepole as they had wont to do to the great damage of the whole Country And they farther said that the Mill called Bathepole for grinding of Corn was built in the midst of the River of Tone with stone walls six foot higher than they had formerly been by Sir Richard de Atton Knight VVhich Mill the said Abbot then had and supported And they also said that there was likewise a Fulling Mill built in the said River by the said Sir Richard de Atton after the great Plague which was then also in the possession of the said Abbot by reason whereof the said stream could not have it's passage as formerly but overflowed both the Corn ground Meadows and Pastures adjacent to the damage of all the Country And likewise that the Kings High wayes betwixt Taunton and Bathepole-brigge were so overflowed and spoyled by the flowing back of the said water that people could not travel that way and that the said Abbot ought to amend the same And they also said that by the building of those Mills and VValls the Boats which had wont to have passage that way with Merchandize from Bridgewater to Taunton were stopped and that the Fish were also thereby hindred of their course to and from those places And they said moreover that a certain piece of ground on one part in Monketon was appropriated to the said Abbot by the planting of VVillows and other Trees by the said Abbot and his Predecessors their servants and Tenants there And also that the said Sir Iohn Poulet Knight had appropriated the ground on the other side by the like plantations so that the Chanel which had been antiently xxx foot wide was not then above x or xij foot in bredth from the said River of Bathepole to Criche by reason whereof boats could not passe therein as they had wont to the great damage of the Country To answer all which chardge the Abbot and his Tenants appeared by their Attorney upon the Wednesday in Easter week in the seventh year of the said King and as to the bank called Southelake wall first presented said that it was in Othery and not in Weston which is parcel of his the said Abbot's Mannour of Sowy And farther said that he held a certain piece of ground called Southlakemore in Othery aforesaid containing about xl Acres of land Meadow and Pasture that it was parcel of the said Mannour and lay betwixt the same Bank and a certain Bank called Burwall which Mannour the said Abbot held as parcel of the foundation of his Church of Glastonbury and that he and all his Predecessors were seized thereof time beyond memory as in the right of their said Church And he alleged moreover that there was a certain River called Paret which is adjacent to the said ground called Southlake mere into which River the Sea water did flow and ebb and that the said Bank called Southlake wall was and had been there time out of mind for safeguard of the same ground called Southlake mere aswell to defend it from the inundation of the Tides flowing in by the said River as of the fresh waters descending by that and other Chanels to the damage thereof And that there was in that ground a certain high way called the Drene extending it self through the midst thereof And that the said Abbot and all his Predecessors and Tenants of Othery had time out of mind maintained the said Bank called Southlake wall for the defence of that ground and way as aforesaid without that that there had been any Runes Sewers Gutters Trenches or Ditches in the said Bank called Southlake wall or of right ought to be and without that that any Runes were obstructed by that bank or any bank elswhere in Weston called Southlake wall as it was supposed by the said presentment and this he was ready to justifie by the Country And as to the Presentment of the two Weres called Tappyng Weres in the River of Paret by which the current of that water was hindred he said that he held the Mannour of Sowy as parcel of the foundation of his Church of Glastonbury as also a certain Floud-gate called Tappyng Were in the said River which is parcel of that Mannour and so supposed to be to the damage of the Country And said that the same Floud-gate had been there time out of mind and that he the said Abbot and all his Predecessors were seised thereof as parcel of the said Mannour and that it then was in bredth heighth and depth as much as it had been time out of mind and that the current of the said water was not any otherwise stopped than it had been time out of mind and that he was ready to make proof thereof by the Country And as to the presentment of the said pleck of Osiars so appropriated by him the said Abbot and his Tenants in Weston he said that it was amended and totally removed and that this he was also ready to prove And as to the planting of the said Trees and appropriating of the soyl he said that he was not guilty and that he was ready to prove it And because the said Tenants could not justifie that the said nusance was removed at the time of the said presentment they were amerced at half a Mark. And as to the Watâ—rcourse called Wythyrune which was obstructed as aforesaid the said Abbot and his Tenants of Wythies answered that the said nusance was amended at the time of the said Presentment and long before and that this he was ready to prove And as to the Presentment that he had suffered Trees in Monketan to hang over the River of Tone and overthwart the same so that Boats could not passe to and fro he said that those Trees grew above Bathepole mills where Boats never used to passe neither could or ought to do and that the said Trees were not any nusance all which he was ready to justifie And as to the Presentment that Bathepole mill was built in the midst of the River of Tone with stone VValls higher by six foot than they formerly had been And that there was also a Fulling Mill built there c. And likewise that the