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
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
County did exhibit a Presentment in the Court of Kings Bench importing that this Chanel called Fossedike extending it self from the River of Trent at Torksey unto the City of Lincolne having been antiently open and full of water so that ships and boats laden with Victual and other vendible Commodities did use to passe to and from Notingham Yorke Kingston upon Hull and sundry other places and Counties by the said River of Trent and so by this Chanel to Lincolne and from Lincolne to Boston to the great benefit of the said City of Lincolne and advantage of all Tradesmen passing that way as also of the whole Country adjacent was then choakt up for want of clensing and repair And that the Prior of Torkesey and town of Torksey with the members thereof the Prioresse of Fosse Iohn Bishop of Lincolne Gilb. Earl of Angos his Tenants Sir Raphe Daubney Knight and his Tenants the Abbot of Newsum Iohn Frunell â— the Tenants of the lands of Gilbert de Bridshull the Tenants of the lands of Hugh de Normanton of Saxelbie the Lady Katherine Swinford Iohn Brett of Thornhagh in the County of Notingham Sir Raphe Painell Knight and all other the Lords of the Towns lying on each side the said Chanell and their Ancestors whose Lordships lay on either side and abutting on the same every man according to the proportion lying against his own Lordship did and ought to clense and repair the said Chanel And they said moreover that it had been so choakt up and obstructed for above thirty years then last past to the great damage of the King as also of the whole Country and City aforesaid Notwithstanding which Presentment the King issued out a Commission the very next ensuing year unto Sir Michael de la Pole Knight Mr Geffrey le Scrope and Iohn de Stafford Clerk to enquire touching the obstruction thereof But I make a question whether it was thereupon clensed for in 8 R. 2. which was about nine years after I find that Iohn Duke of Lancaster Iohn Bishop of Lincolne Henry Percy Earl of Northumberland Sir Michael de la Pole Knight Sir Philip Darcy Knight and others were appointed by the said King to cause it to be repaired and scoured so that ships and boats might have a clear passage through it as antiently they had used CAP. XXXI The Marshes on Withom ON the South side of this Province lyeth the River of Witham extending it self from the Suburb of Lincolne to Boston by which stream great Vessels have antiently come up from Boston to that City as the Inhabitants thereof do by tradition affirm and as may seem by large ribs of them which within memory have been there dig'd up But the descent of this stream from the said City to the Sea is so little that the water having a slow passage cannot keep it wide and deep enough either for navigation or drayning of the adjacent Marshes without the frequent helps of digging and clearing the same the mud and weeds increasing so much therein I shall therefore in the next place take notice of what I have met with tending to that purpose as also of it's course above that City whereof the first mention that I find is in 6 E. 3. Henry de Fienton Will. Dysney and Thomas de Sibthorpe being then constituted the Kings Commissioners for the viewing thereoâ— betwixt the Town of Bekingham and the City of Lincolne it being turned out of it's right Chanel in sundry places and so obstructed with sand mud and plantation of Trees as also by Floud-gates Sluses Mills Causeys and Ditches that the course of the same being hindred caused frequent inundations to the lands adjacent After this viz. in 37 E. 3. there was a Presentment exhibited to Iohn de Repynghale and H. Asty then the said Kings Commissioners of Sewers sitting at Newerk upon Monday next after the Feast of S. Laurence for the view of the said River of Withom and removing all obstructions and impediments wherby the free current thereof from the Town of Claypole unto the said City of Lincolne was hindred VVhich Presentment being made by the Jurors for the Wapentakes of Boby and Graffow importeth that the East Mill at Bracebrigge belonging to the Knights Hospitalars of S. Iohn of Ierusalem in England standing in the right course of that River did obstruct the current thereof to the great damage of the said King and the Country and that this was through the default of those Knights Hospitalars And they farther said that the same River then had not sufficient depth nor bredth from the Sheep-cote belonging to the Prior of S. Katherines unto the bridge at Bracebrigge and that the said Knights Hospitalars had certain Floud-gates therâ— which did turn the right course of that River out of it's proper Chanel whereupon the Shireeve of Lincolnshire was commanded to summon the Prior of the said Hospital of S. Iohn of Ierusalem to appear before those Commissioners at Newerk the Wednesday next after the Feast of the Assumption of the blessed Virgin then next ensuing to answer to these particulars Who appearing accordingly did allege that he and his Predecessors had been seized of the said Mill time out of mind as in the right of their House and that the said Mill then stood as it had antiently used to do without that that either he or his Predecessors had built any new Mill there and that this he was ready to justifie And as to the Floud-gates he said that it was erected there time out of mind with this Order viz. that the Gates thereof should be yearly removed from the Feast day of S. Elene in the month of May unto the Feast day of the Exaltation of the Holy Crosse but that after that day untill the Feast of S. Elene they should stand in their places And if the said River of Withom should happen upon any occasion to be so much raised as to be above a certain stake standing on the South side of the said Floudgates then the same Gates to be removed untill the water should abate to the height of that stake which said stake had been there made and placed for a gage time out of mind without that that any Floud-gates were raised higher than that stake or that the same Floud-gates ought to be removed The businesse therefore being come to this issue the said Commissioners sitting at Carleton in Moreland on Friday next after the Feast of S. Iohn Baptist in the year abovesaid it was found by a verdict of the Jurors that the said Prior of S. Iohns and his Predecessors were not seized of the said Mill and Floud-gates time out of mind as had been before alleged but that they were erected there after that time though not by the said Prior therefore it was decreed that the said Mill and Floud-gates should be removed and the Shireeve of Lincolnshire had command to remove them accordingly and to make certificate of his doings
the King discerning that all his endeavours were fruitless as to the conquering this Isle by war or power having lost so many men in his attempt to that purpose he at length by the Councel of William then Bishop of Hereford and others determined that all the goods and possessions belonging to that Abby which lay without the compass of the Isle should be seised on and divided amongst his Souldiers to the end that they might keep guards on the outsides thereof Of which the Monks having knowledge they forthwith consulted together their Abbot being returned who dissembling to go with those Earles fled with the ornaments and treasure of the Church to Angerhale and resolved not only to yield peaceably to the King in case he would restore unto them freely and honourably all the lands belonging to their Church but to give him a thousand marks and accordingly sent cunningly without the knowledge of the noble Hereward to make that tender to him the King being then at Warwick who acceptably entertaining it they gave admission to him and his Souldiers to come privately into the Isle when Hereward was gone out with his men to forage to the end that the busineâ—s might be done without resistance which being discovered to Hereward by one of the said Monks whose name was Alwyne the Son of Orgar he grew so enraged that he resolved to set fire on the Church and the Town but at the earnest intreaty and prayer of that Monk wishing him rather to have regard to his own safety as also telling him that the King with all his Army was then at Wyccheford within the distance of one furlong and desiring him that he would secure himself by flight in case he had no mind to make his peace he yielded to those his perswasions because he had often accompanied him in his military adventures and been faithfull to him and thereupon presently betook himself to those his Ships which he had to guard the Isle into a certain large and spacious Meer called Wide not far from Welle this being the seventh year of their so holding of the same Isle against the King and sailed thither in regard there were free passages out of it And there resolving to stay a while employed some of his Souldiers towards Saham to plunder and pillage the Country to whom he sent out Scouts to bring them back to him lest they should be taken Which Scouts finding them in a little Island called Stuntney thought them to be their Enemies and therefore two of them viz. Scarfulte and Broher got amongst the Reedes and with their Swords each shaved the others Crown expecting thereby to find the more favour being taken but at length discovering that they were all of a side they went away together and soon got to their Master who had not been long in the said Meer but that the Country people and the King's Souldiers so beset him that being forced to flee he kill'd his own Horse lest any mean fellow should boast that he had taken him and so getting away into Bruneswald and the great woods of Northamptonshire he very much wasted the Countrey thereabouts with sire and Sword And having thus left this Isle where the vastness and depth of the waters had yielded him such great and so long security for which respect I have made this digression I shall conclude with this Characterâ— which Ingulphus the then Venerable Abbot of Crouland gives of him Porro cum supramemorati Comites Edwinus Morkerus Rogerus Comes Herefordensis Radulfus Comes Southfolciae Waldevus Comes Northumbriae inclytâ— Regi Willielmo repugnarent Helienses paludes cum aliis multis magnatibus similiter exhaeredatis occupantes celiri nuncio Herwardus ad eos accersitus Dux belli Magister militum efficitur ubi tot bellica facinora fecit toties adversarios vicit tot vicibus illusit quod perpetuam laudem meruit quippe qui ruinas suae patriae pereuntis quamdiu potuit sustentavit inultos abire ad inferos non permisit Caeteri optimates se Regi dedentes ejus gratiam tentaverunt solus hic omnibus hoc recusans se subdere distulit ac aliâs divertitâ— id est Therefore when the before mentioned Earls Edwine and Morkere Roger Earl of Hereford Raphe Earl of Suffolk and Waltheof Earl of Northumberland not submitting to the King had together with divers other great men in like sort disherited possessed themselves of the Fenns at Ely they forthwith sent for Hereward and made him General of all their forces where he did so many warlike exploits so often beat his adversaries and so many times deluded them that he obtained lasting renown for the same forasmuch as he did so long as he could sustain the tottering ruines of his Country and was not cruel to his Enemies And when the rest of the Nobles rendred themselves in hope of the King's favour he only refusing would not submit but got away Yet afterwards he made his peace And having issue one only daughter called Turfride married to Hugh de Evermuè Lord of Deping in Lincolnshire with the Forest adjoyning entertaining the said Hugh upon a time at his House in Huntendon it hapned that through a quarrel which arose then betwixt them he was there wretchedly slain by his said Son in law And buried at Crouland CAP. XLI KIng William therefore being now possessed of this Isle which he found so troublesome and chardgable in the gaining thought it no small piece of policy to secure the same from the like danger for the future and therefore having afterwards some difference with Scotland compelled the Abbot to maintain no less than xl Souldiers for the defence thereof which being such persons or their substitutes as held of him by military service had their constant dyet in his Hall as also daily pay at the hands of the Celerer But afterwards it was not long erè that this Conventual Church of Ely became a Cathedral for in the time of King Henry the first Richard the theâ— Abbot not being well pleased to live under the Bishop of Lincolne to whose Dioces Cambridgshire within which this Isle is situate then belonged suggesting to the King that this would be a fit place for an Episcopal see and procuring the Popes consent thereunto obtained his desire therein hoping to have been the first Bishop of this new Dioces but though he was prevented thereof by death yet did not the King neglect to do what he was so sollicited unto and therefore bestowing upon the Bishop of Lincolne the Mannours of Spaldwick Bricklesworth and Bokeden in recompence of the losse which the said Bishop sustained by exempting of the said County of Cambridge from his jurisdiction compleated his purpose therein And to the intent that the revenues of this Bishoprick might afford him an honourable support they reduced the number of Monks which were Lxx. to xl whereupon Hervaeus Bishop of Bangor in Wales
that the same water hath no issue towards the Sea except by a certain Gutter in bredth three foot and an half therefore it was considered that the said Towns according to the number of their Acres belonging to every Inhabitant should restrain the same in manner aforesaid and defend the ends of those Towns abutting on the Fen And there was a day assigned for making such a restriction or Dam upon the borders of both Counties within the Quinzime of the Epiphany then next ensuing upon the penalty of CCl. And at the same time the Jurors for the County of Lincolne did present that there was a certain Gutter made in the Town of Multone called Bollesgote and that it ought to be repaired by the men of that Town according to the number of their Acres for the quantity of what they held it was therefore commanded that the said Townsmen should repair that Gutter in form aforesaid before Whitsontide following upon pain of an Cl. And on the Thursday being the Eve of S. Barnabas the Apostle at the suggestion of some of the Country came the said Simon and his fellow Justices to view that restriction and to enquire by those Jurors what had been done upon the Ordinance aforesaid Whereupon it was then presented that the Sewer which led from thence unto the Sea betwixt the Counties of Cambridge and Lincolne ought to be enlarged to the bredth of twenty foot scil ten foot on the Lincolnshire side and ten on the Cambridgshire side And because it was found by the Jurors that the said Ordinance for that restriction before-mentioned could not be observed as it ought to be by reason of the excessive flouds of water it was decreed that aswell the Dam as the Sewer should be repaired by the view of those Jurors as it had been ordained before the Feast of S. Peter ad vincula then next following upon penalâ—y of Cl. every Town adjoyning upon the same Sewer making good their particular proportions abutting towards them And Adam de Tid with other the Inhabitants of Tyd came and condescended that they would for what they held according to the number of Acres repair and make good the Banks of Sutton Marsh betwixt Scoft and Gedeney provided that they were not chardged with their Acres lying in Tid Marsh before the said Marsh was defended by the Sewer and Dam before-mentioned In 21 E. 1. the Abbot of Pâ—terborough brought an Assise of Novell disseisin against Ranulph de Rye Philip Phiket and others for putting him out of possession of his freehold in Gosberkirk viz. of xl acres of Marsh with the appurtenances whereunto the said Ranulph and the rest of those defendants pleaded that the said Abbot had brought his action against them unjustly because he was not seised at all of the premisses And they farther said that the Custome of that Country was such that whensoever the Sea did by its raging overflow any mans lands and meeting with any resistance or upon its going back waste away any of the said Land and make a hollow place no man ought to fill up that place but to clense and drain it for the common benefit of the Country and so to let it remain iâ— the same condition that the Sea first left it And they moreover said that about xviii years then past the Sea did make such an hollow in the Land of the said Abbot which so continuing for a long time they did afterwards drain it according to that Custome without doing any injury at all Whereunto the Abbot replyed that the said Ranulph could not under colour of any Custome excuse himself for he said that the place before-mentioned was his own several ground and that it was not lawfull for any man to dig in another mans land nor drayn the same without the leave of the owner excepting only one Ditch which lay in the confines of the two Hundreds of that Country called Gotecrike which Ditch whosoever had a mind to do it might drayn it and scour it at their pleasure And he also said that the above-mentioned Ranulph had in his own particular land made a certain Ditch whereby the said Abbot was hindred from coming to his Marsh and this he desired might be enquired of c. VVhereupon the Jurors delivered in this verdict viz. that the place before-mentioned was the several ground of the said Abbot in which no person without his leave had any thing to do And that there had been a kind of Ditch there which was xl years before filled up and then reduced to firm ground And they said that there did happen in that very year such a floud in those parts aswell of the fresh water as from the Sea that it broke the Abbots bank at each end thereof which breach he the said Abbot did make up as it was well lawfull for him to do And they said that the before-specified Ranulph and the other defendants afterwards made a Ditch of ten perches in length upon the soyl of the said Abbot against his leave and did exclude him from coming to that Marsh. Wherefore the said Abbot had judgement to recover his seisin and xxs. damage The next year following the King being advertised that by reason of the more than ordinary bredth of the River of Shoft neer Trokenhout which is in the confines of this County and Cambridgshire and likewise through want of repair of the Banks Ditches Gutters and Sewers in those parts great losse had hapned to the Inhabitants thereabouts the King therefore to contract the said Chanel for the more security of the Country and for repairing those Banks and Ditches did assign S. de Ellesworth R. de Chadeworth and R. de Coupledik to enquire aswel by the Oaths of Knights and others of the said Counties of the course of that stream as of those Banks Ditches Gutters and Sewers before-mentioned who they were that possessed Lands and Tenements thereabouts and had or might have benefit by the contracting of the said Chanel and repair of the Banks and Sewers aâ—oresaid and to distrain them thereto for the proportion of their said Lands and Tenements according to the number of Acres so that no favour should be used therein either to rich or poor Upon which Enquiry the Jurors delivered this following Verdict viz. that the Towns of Tydd and Sutton lying in Holand in this County and Tidd Neuton and Leverington in Cambridgshire could not be preserved from damage except the said stream of Shoft neer Trokenhout were restrained to the bredth of four foot so that it might not run towards the Sea but by a Gutter in widenesse three foot and an half therefore it was concluded that the Towns before-mentioned should streighten the said Chanel according to the proportion of their lands in those Towns and likewise defend the hades of those Towns abutting upon the fen And a day was thereupon given them to make the same Chanel of that narrownesse viz. within the xv of
be reformed by the Townships and persons who of right ought to do the same and to be of xij in bredth and of height sufficient for boats to passe under upon pain of 3l. 6s. 8. for every bridge unfinished at Michaelmasse following And that the Waredyke beginning at Colehousestile and so extending along the River of Burne Ee to Goodrams coote should be continued from the said Coote to Done hurne and to be distant from the River C. fooâ— and in bredth xij foot and depth iiij at the cost of the Inhabitants of Pinchbeckâ— upon pain of xxd. for every rode unfinished at Michaelmasse then next following Also that the Sewer called Newedyke in Dykesen should be perfected from Eedyke bridge unto Holand Fendyke according to the Law at Sempringham as aforesaid upon pain also of iijs iiijd. for every rode unfinished at Michaelmasse then next following Likewise that the Sewer extending directly against the East to Northgraft should be dyked and banked sufficiently by the Townships of Hakenby Dunsby and Pinchebeck and the manure to be cast on the North and that from the beginning of Pinchbeck limits to the Graft And that the Sewer of Northgraft from the first fall of the waters of the Fen into the said Sewer and thence to the Sea ought to be xij foot broad and six foot deep and to be done by the Inhabitants of Pinchbeck before Michaelmasse then next ensuing upon the penalty above-specified And that the Sewer called the Beche from Wrightbold Clowe to the Sea should be dyked roded and scoured by the Townships of Pynchbeck Gosberkirk and Surflet as had been accustomed before Michaelmasse then next ensuing upon like pain Likewise that the Sewer called Marisbeek should be scoured by the Landholders there according to their several parts to be done before the said day c. Also that the banks from Colehouse stile to Goodrams coote and thence to Done hurne should be made of xij foot thicknesse and three foot height where most need required by the Land-holders of Pinchbeck and Burne according to their limits before the said day c. And lastly that the Sewer called Hawewell should be scoured to Dykebarre by the Fermours of the Hawes and Tho. Gotherd Thence to Repingale South-dyke by the Inhabitants of Dyke Morton Hakenby and Dunsby Thence to Berhomepoles by the Inhabitants of Repingale Ringstone and Kirkby-Underwood before Michaelmasse then next following After this viz. in 43 and 44 Eliz. there arose a great controversie about the erecting of two new Gotes at Skirbek and Langare for drayning the waters out of South Holand and the Fenns into Boston Haven which work Sir Edward Dimock Knight did by himself and his friends further what he could but it was opposed by the Country of Kesteven and the very exception taken thereto was that the Commissioners of Sewers could not by the power of their Commission make a Law for the erecting of those new Gotes whâ—re never any stood before Whereupon the decision of this point coming at length before the then two chief Justices viz. Popham and Anderson they delivered their opinions that the said new Gotes if they were found to be good and profitable for the safety and advantage of the Country they might be erected by the power of the Statute of xxiij of Henry the eighth Of Spalding and Pinchbeck Fens see farther in my last Chapter under the title of Kesteven and Holand CAP. XLVI FRom Lincolnshire keeping on my course Eastwards I come next into Norfolke on the West side of which Country very great advantages have been made by banking and drayning whereof the most antient are in that part of it called Marshland next adjoyning to Holand last spoken of That this was originally gained from the Sea by the Romans I have in the Chapter of this discourse endeavoured to make manifest which admitted we may well conclude that our Ancestors the Saxons considering the extraordinary fertility of the soil had a fair invitation to seat themselves therein for that they did so is evident enough from that authentique Survey taken by the Norman Conqueror which sheweth that the Towns now in being there were all extant in the days of King Edward the Confessor Nor is it improbable but that they were so likewise for divers preceding ages forasmuch as it appears that the Church of Ely was possest of Walpole long before a place of no small note by reason it gave birth to S. Goderic the Hermite of whom M. Paris maketh ample mention Tâ—iâ— Country on the East is bounded by the stream of Ouse on the West with Wisbeche River on the North with the Sea-bank and on the South with the new Po-dike as the Map sheweth and containeth no lesse than tâ—irty thousand Acres whereof part is a â—amous plain called the Smeeth which being common to all the Towns therein maintaineth at least thirty thousand sheep and yet is not of a larger extâ—nt in the widest part of it than two English miles Of this plain I may not omâ—â— a tradition which the common people thereabâ—uts have viz. that in old time the Inhabitants of the neighbouring Villages had a fierce contest with one Hickifric the then owner of it touching the bounds thereof which grew so hot that at length it came to blows and that Hickifric being a person of extraordinary stature and courage took an Axeltree from a Cart instead of a Sword and the wheâ—l for his Buckler and being so armed most â—toutly repelled those bold invaders for farther testimony of which notable exploit they to this day shew a large Grave-stone near the East end of the Chancel in Tilney Church-yard whereupon the form of a Cross is so cut as that the upper part thereof by reason of the flourishes wherewith the Carver hath adorned it sheweth to be somewhat circular which they will therefore need have â—o be the wheel and the sâ—aft the Axâ—â—râ—e It is observed that within the compasse of this Province there is neither Mole nor Rat and that such hath been the care of the Inhabitants for pervention of mischief which might happen by any breach of the publick Sea-bank that they have invironed every Town with a particular bank called the Indike or Ward-dikâ— â— which upon any such inundation doth secure it from danger As for the several Sewers and Bridges which it hath I shall reserve them to be spoke of in the lâ—st place purposing now to go on in taking notice of such improvements as have been made within the old Precinct thereof as also how it hath been preserved from the violence of the tides on the one part and fresh waters on the other with the farther enlargement of it's particular bounds By an antient Pleading it appeareth that before the year MCLxxxi 27 H. 2. there was neither any habitation nor ground that yielded profit within that part of Wigenhale from Busterdesdole unto the South side of the same Town except the Monastery
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
for the Inhabitants of the said Town and that no Law of Sewers could compell them thereto and forasmuch as the King was Lord of the same Town which is likewise the Key and safety of other Towns of his Majesties adjoyning they humbly prayed the furtherance of the said Lords to the King to take care and consideration of them therein Dated at Kings Lynne 20 Ian. 1613. And to adde to these losses such were the Snows that fell in Ianuary and February ensuing which occasioned mighty flouds from the Upland Countreys upon their going away that a great part of this Country was overflowed with the Fresh waters viz. from their Bank called the Edge between their Towns and the Smethe unto the new Po dike through divers breaches between Salters lode and Dounham bridge Moreover about four years after viz. 15 Aug. 1618 16 Iac. the Inhabitants of this Country and parts adjoyning exhibited a Petition to the Commissioners of Sewers shewing that Lynne Haven was through outragiousnesse of the tides made much wider than formerly and did put the Country to an excessive charge in the restraining of its wearing more broad and deep and therefore desired that they would take view thereof and cause it to be straightned according to the presidents of former times limiting such fresh waters as did help to the increase thereof unto their proper out-falls The like Petition did they prefer to the Lords of the Privy Council the 13th of November following Whereupon there was this ensuing order made by that honourable board viz That a special Commission should be directed unto certain Gentlemen indifferently chosen out of all those parts together with the Mayor and some Aldermen of Lynne to consider of the conveniencie or inconveniencie of the work as also to what scantling it should be made narrower and the chardge thereof and so to proceed therein But to respite the executing of the said Commission till according to the Law made in August before for opening the Rivers of UUeland and Nene that work were done But if there were delay in opening of those Rivers and complaint made unto the said Lords thereof some course should be taken for their coercion for preserving of Marshland in the mean time also of the parts adjacent from eminent danger After this viz. upon the tenth of December An. 1619. 17 Iac. the Commissioners of Sewers sitting at Peterborough and having in consideration the setting up of a Sluse at a certain place called the Horshoo such was then the siding of the said Commissioners that the Jury became divided in opinion so that nothing being done therein they signified as much to the Lords of the Council VVhereupon the Inhabitants of Marshland exhibited a Petition to that honourable board imploring their care for the safety of that Country and intimatating that the erection of that intended Sluse would be an apparent overthrow thereof VVhich Petition occasioned the said Lords to write unto the before-mentioned Commissioners by which Letters they desired them to consider of the out-falls to the Sea before they drew down the waters from the high Countries that might oppresse Marshland and the low parts adjoyning in the Counties of Lincolne and Norfolk and wishing them that in case they should differ in opinion how these things might be best effected to make choice of two Commissioners out of each of their Counties who might be instructed to give them true information of their differences and that then they would endeavour to give such farther direction as might best advance the publick good with the least prejudice to the private Whereupon they met at Wisebeche and appointed Mr. Henry Kervill and Mr. Robert Balam with some others to take view of the danger of this Country on Tirington side by the fretting of the Chanel as it then ran and to certifie Who accordingly did view the same and certified that the Chanel of fresh waters as it then ran did very much hurt to Tirington and the whole Country of Marshland and that by conveying more waters that way the whole Country would be indangered and therefore for the beter safety thereof they expressed that they were of opinion that a new Cut made from the four Gotes over Tyd and Sutton Marsh unto King's Creeke would be the best issue for those waters the River Nene being brought from Pâ—terborough to Guyhyrne between sufficient Banks for the better grinding of the out-fall and that the River should be cut straight from the Horshoo to the four Gotes And in a Session of Sewers holden at King's Lynne 23º Iunii 6to Caroli recital being made that whereas the Land-holders of Elme Oldfield in the Isle of Ely at the like Session held at King's Linne 17 Apr. 8º Iacobi obtained a Law for the downfall of water in the said Oldfield Lands through the out-rinde Banks of Marshland under certain conditions and limitations expressed in the said Law and under the pain of xll. by them to be forfieted to the Kings Majesty his heirs and successors in case they should take in any waters out of any other fields in Elme or Welle and the abuse in execution of that Law had been very hurtfull and dangerous to the Country of Marshland and Town of UUigenhall in their several Pastures and Fen-grounds by reason of the abundance of fresh waters coming out of the said Field at a Sluse made in Oldfield Bank called Brokendike more than the own waters of the said Oldfield did afford for that there was no provision in the said Law for stopping them up if they should take in or suffer any forein or other waters to come into the said Oldfield For under colour and pretence of the said Oldfield waters they took into the said Oldfield and Says field other waters and also other waters at the Sluse called Mildam and put into their Oldfield fresh waters out of the River for the filling of their Dikes and so when any great rain fell did put those warers into Marshland and also by means of not sufficient keeping and maintaining the River Banks against Oldfield at Lunges droves end that the River waters did run into the field there very extremely in wet winters and most especially the winter preceding And that whereas at a Session of Sewers holden at Beawford Hall by Fryday bridg 27º Martii 9º Iacobi by a Law of Sewers then and there made the Land-holders and others of Waterseye in Elme had a Drayn made from Fryday bridg in the Dyke of the North side of Needham dike being the Fence-dyke of Oldfield and Say's field and so to Welle and from thence into the old Pow dike of Marshland and so through the old Pow dike at Chamber 's house in Stow and so to the River of Ouse with certain Sluses made upon the said Drayn to stop and restrain the waters when they did arise and exceed the superficies of the grounds By reason whereof when the Slusâ— at
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
c. Whereupon complaint being made unto Mr. Justice Gawdy and other Commissioners of Sewers sitting at Sechie in Com. Norff. xi of April last past it was by them ordered 1. That the said Turks banke should be presently cut 2. That Small lode London lode and Mayd lode be sufficiently scoured by the Inhabitants of Welle and the Londoners 3. That Mayd lode be made xxx foot wide at the mouth xxv and xx foot at the Sluâ—e with Sluses to carry it and five foot in depth and so to be maintained by the Londoners as need shall require Whereupon on May day following the said Bank was cut in many places by reason whereof the water ran so forcibly through the said Cuts that for the space of x or xii days after it sucked in divers Boats and Vessels passing that way And it was farther presented that a little without the upper end of this Bank there hath been a Crest for people to travel on from Welney to Welle in the Summer time when the waters are down for which cause the said Church-path being about fifty years past made of more strength and height than in former times by one Mr. Beaupre the same was not long after cut down in many places by the expresse command of Bishop Goodrick then Lord Chancellour of England and Bishop of Ely In 44 Eliz. there was an Agreement bearing date the xx of March made by Indenture between Sir Iohn Peyton Kâ— Dame Dorothy his wife and Edmund Bell Esquire then owners of the Mannour of Upwell Iohn Richardson and divers others who were at that time the major part of the Commoners and Inhabitants of Upwell aforesaid and Iohn Watts Citizen and Alderman of London Sir William Cokain of London Skinner and others for the drayning of divers Fenny VVasts and Commoâ—s containing about three thousand acres lying in Upwell between a certain Drayn called London lode towards the North Maiden lode and Ship lode towards the South and towards the VVest adjoyning to and upon the Causey-bank extending from London lode to Welney and towards the East upon Denver Common for drayning and maintaining whereof they were to have conveyed unto them their heirs and assigns one full moytie of the said wasts Whereupon with the expence of great sums of money they did accomplish the work and accordingly had the said moytie thereof set out for them which they enjoyed for divers years till about the latter end of King Iames his Reign that the Fen-waters broke their Banks and drowned all again the Country people then turning the Adventurers out of their possessions which they kept till Francis late Earl of Bedford beâ—ame the principal undertaker for draining of the whole great Levell and did perform the work But afterwards his said drayning meeting with some disasters the whole Levell became totally surrounded again and so continued untill William Earl of Bedford and his Participants did in the year 1649. undertake to drayn it anew which in four years time he perfected as I have elswhere more fully shewed VVhereupon Sir Iohn Watts Knight and some others who claimed under the first undertakers before-mentioned were restored to the possession thereof At a Session of Sewers held at King's Lynne 1. Octob. 7 Iacobi before Sir Raphe Hare Sir Thomas Hewar and Sir Henry Spelman Knights Iohn Reppes Thomas Oxburgh Thomas Athow Rob. Gawsell and Richard Bachcroft Esquires and others it was ordained that the Decree made for the drayning of Needham fen and Buriall field the tenth of October 31 Eliz. should be confirmed in all points and an Acreshot of xd. the Acre imposed for the speedy redress of all defaults in the said Drayns Banks c. Certain Observances made upon the Marshes below the 4 Cambridgshire Gotes of the outfall of Wisbeche River and certain Creeks there with their Sands and Deeps by Richard Atkins of Utwell Gent. in June 1605. WIsbeche Chanel falleth from the 4 Gotes Eastward down by Walpole Marshes on the East and South to Crosse-Keys Corner alias Gates-end Corner and from thence passeth towards Tirington Bank leaving to the Southward an high Skore of Clay the only preservative of the Town And when it hath run East as low as against the Beacon then doth it turn flat North under the Sand called Tirington brest lying on the East of the Chanelâ— and so continueth Northwards by the said Brest by the space of 5 miles and there falleth into Blow deepe It is to be observed that upon every flow there commeth from the North out of Blow-deepe a Tide which runneth along Tirington brest on the East side and a Sand called the Thief on the West And out of the West from a Chanel called the Maids Eye commeth another tide and both these do meet within a mile of Tirington banks and so meeting do make great Seas there And many times when the wind is at West or North the Seas rise there higher than they do ten miles off at Sea These two Tides thus united with violenâ—e run right upon Tirington banks and but that God of his mercy hath there placed a Skore of Clay containing not above a furlong in bredth the Bank could not in man's reason stand the next 3 Tides This Skore of Clay by the fretting of the Sea dayly wasteth and the people of the place not understanding what a defence it is to their Banks continually bear away the same to the repair of those Banks never foreseeing their destruction if that Skore of Clay were once gone and the Sea at the ordinary depth of his Chanel suffered to come to the foot of the Bank Where Mayds Eye meeteth with Tirington deep at the very entrance thereof at a dead low water it exceedeth not 5 or 6 foot deep at this day and it hath been observed that in a great drought the whole mouth thereof of hath been stopped with sands but upon the next great fresh that hapned all those sands have been removed and the Chanel grown to the old course again Here is a special observance to be made Qui habet intellectum attendat Decursus namque aquae dulcis viam praebet marinae Oceanus interim ex duobus his canalibus aestuans fossata marina alatrandâ— alluendo inundando lacerando saepissimè gravissimeque ita excercet ut deficientibus aggeribus de quibus malè sustentatis multùm doleo de finali perditione dissolutione partium adjacentium verisimiliter quod absit formidatur nisi Hinc nascitur periculum onus illico acquirendum est remedium salus Homines verò patriae cum plerique inertes sint hebeti ingenio in se invicem nuper pro fossatorum sustentandorum oneribus obruentes de remedio ex sublatâ causâ ne somniare quidem possunt sed nec ingeniosos inertiamque suam desidiosam exosos inter se vivere vix sustinâ—re possunt The head of the 4 Lincolnshire Gotes is preserved especially in Summer by two great Finns brought
from credible testimony viz. that upon the cutting of certain Moats by Francis Underwood Esquire at Wittlesey where he hath made a pleasant and commodious plantation within lesse than xx years last past there was found at seven foot deep through absolute Moor firm ground and swathes of mowed grasse lying perfect and not consumed which cleerly manifesteth that through some excesse of rain falling in the Summer time there hapned such a floud of the fresh waters as then meeting with an obstruction at the out-fall in regard of the silt there contracted by a long season of dry weather it did so hinder their usual current to the Sea that being forced back they not only overflowed the whole Levell but have ever since till the late undertaking whereof I shall speak anon kept it for the most part under water But I dare not adventure to say that this was the only cause thereof there being something else which no doubt might be concomitant viz. the usual flowing of the tides much higher upon the coasts towards Lenne than formerly for that they long since did so is easily demonstrable there having been of late years found at the setting down of a new Sluse a little beneath Magdalen fall which is about half a mile from Magdalen bridge on Marshland side about xvi foot deep in the earth a large flat stone of about eight foot in length and a Cart wheel neer unto it which were taken up by certain workmen imployed be one Mr. Emerson in that businesse And at Wigenhall S. Maries which is not far thence at a place called Wathden there are still to be seen some remainers of a Church as also bones that appear at a low ebbe upon the River side about 8 foot below the present superficies of the earth The like is also observable at UUigenhall S. Germans the floor of the Church there being at least seven foot lower than the high water-mark of the Ouse which River running by the Church-yard side is kept off by a strong and large Bank from drowning the Country Nor is it any thing else but the same rising of the usual tides to a greater height than formerly which hath so widened the Chanel of this great stream at Lenne that the Inhabitants have been constrained to remove one of their Churches to a farther distance from it as is yet to be seen in that part thereof now called old Lenne where the bones of the dead which were buried in that Church-yard are now dayly washt at every high tide by reason that part of the same Church-yard is consumed away with the violence of that current As for the Trees which he so magnifieth for their length without knots I believe they were Firr no other timber affording such straightnesse and height of which kind there have been many digg'd up of late years in those parts But when it was that this obstruction whereof I have thus taken notice hapned I could never yet discover nor the exact time that the course of the Sea did thus alter I shall therfore for want of better light therein descend to the beginning of K. Edw. the first 's time and observe from our publick Records the extent of the Fens belonging to divers Towns in this County wherein the Inhabitants had Common which were as followeth viz. of Soham ten miles and two in bredth viz. from Ayornemere to Alwoldingewere Iselham six miles in length and in bredth one viz. from Mildehale fen to the Fens of Soham and Ely Of Wykes two miles in length and one in bredth viz. from Alwoldingwere to Strem-lake besides a Fen in another place of one mile in length and in bredth half a mile scil from Huppewere to the Town of Wykes Of Fordham a Marsh called West fen containing six furlongs in length and as much in bredth extending from Nesdam to Hopperislane with another Marsh called Nort-fen in length two furlongs and bredth one viz. from the house of Walter fitz Robert to the Messuage of Maud de Somere Of Sneilwelle four furlongs in length and two in bredth viz. from the Fen of Chippeham to Holme melne besides the Marsh of West fen containing half a mile in length and one furlong in bredth viz. from Preeruspend to Calvenebreg Of Landwaye half a mile in length viz. from Brounisdam to Illingworthe Of Borewelle six miles in length and three in bredth viz. from Rech lode to Nesdam besides part of Est fen containing four furlongs in length and two in bredth viz. from Nesmelne unto Borewelle field Of Chippeham six furlongs in length and three and an half in bredth viz. from the said Town of Chippeham to Sneilwelle fen Of Swafham Priors in length from the Town it self unto the River of Grante containing three miles and in bredth from the Lode of Reche to the Lode of Swafham Bolebek containing a mile and half The bounds of the Heath there extending from the Crest of the great Bank unto Tweynhowes in length one mile and in another part of that Town field to Smathowe being as far Of Bodekesham in the Fen of Stowbrigge unto Swafham Bolebek Lode two miles in length and as much in bredth Of Wilburham parva from the Town it self to the upland of Stow ....... and in another place to the River which extends it self from Halke milne to the Mill at Fosse And of Wilburham magna from Lidene unto Wateholme Thus much for the extent of the Fens belonging to the before-specified Townships In 1â— E. 1. the Causey betwixt Saham and Stuntney with the little Bridges belonging thereto was in great decay the King therefore assigned Thomas de Weyland and Richard de Holebrok to enquire by the Oaths of honest men of the Country who ought to repair the same After this there were some Commissions for the view and repair of the Banks Ditches Sewers within this County in general and some wherein certain of the adjacent Counties were joyned viz. in 31 E. 1 to Iames Beauvoys Robert Hereward William de Estdene and Hugh Vicar of the Church of Elme for those in this County alone In 2 E. 2. to Ranulph de Friskeneye Geffrey de Colevill William de Spanneby and Roger de Cubeldyk for those throughout the whole County of Lincolne and this Shire In 4 E. 2. to William de Ormesby William de Estdene â— and Henry de Walpole for those in this County only In 10 E. 2. to Geffrey de Coleville and Roger de Seiton for the same In 12 E. 2. to Robert de Maddyngle Iohn de Fitton William de Rungeton Iohn de Hotoft Laurence de Holbeche and Iohn de Cantebrigg for those in this County as also in Norfolk Lincolne and Northampton shires and the Confines thereof with power to constitute trusty Dykereeves for the safeguard of the said Banks Ditches and Sewers throughout all those parts In 15 E. 2. to Michael de Meldon and Roger de Beler for the same Counties
own service in such manner as may have just regard to the perfecting the same with most publick and general advantage to the whole Fens he is farther pleased to declare himself the sole Adventurer aswell of Deping fen as the great Level and hereafter in ordering the same will have a just respect unto such persons of Honour and others as have had any former interest or engagement therein And likewise well approving the rest of your proceedings requireth you to go on with the care you have begun not doubting but to such things as have been said by the Council at Bar touching Commissions of Sewers you will consider the weight of their Arguments and give them a fitting answer thereunto At the Session of Sewers held at Huntentendon 23 Julii 14 Caroli Deeping fen 27000 Acres The charge 27500l 13750 Acres The proportion 12000 Acres whereof 9000 out of the Undertakers 3000 out of the Kings Owners and Commoners with purpose to come for more if it will not perfect The Meeres and Meer-grounds 4500 Acres The proportion of 4200 Acres is 34ths 3150 Acres Stretham Meere 3000 Acres 300 Acres a moytie thereof 150 Acres Porsand and South Holland 36000 Acres the charge 11200l. 20000 of the worst at 12d. the Acre 10000 of the middle sort at 4 s. the Acre 6000 of the best at 8 s. the Acre 2 thirds of the worst 13334 Acre 1. 3d. A moytie of the middle sort 5000 Acres 1 fourth of the best being 1500 Acres In toto 19833. Acres North of Wisberhe 15000 Acres whereof 8000 Acres surrounded a moytie to be decreed 4000 Acres Marshland Common fen 4000 Acres To the undertakers two thirds viz. 2666 Acres The Marshes 9000 Acres To be imbanked 7000 Acres The charge 17500l. The recompence two thirds viz 4666. Acres and an half The Great Levell 306000 Acres whereof 12000 Acres to the King The charge 132900l. The proportion 100000 Acres Whereof of the Earl of Bedford's already set forth 43000 Acres Out of the Countrey 57000 Acres And then left to the said Earl 40000 Acres None to be taken till the work be done and Judgement upon a Winters experience and that probationary c. The whole to be bound for the works both the Kings and the Earls excepting the Kings 12000 Acres And moreover to enrich these Countries by several new Plantations and divers ample privileges Amongst which his Royal intentions that of the building of an eminent Town in the midst of the Levell at a little Village called Manea and to have called it Charlemont was one the design whereof he drew himself intending to have made a navigable stream from thence to the River of Ouse And to manifest his earnest and real purposes for the speedy performance of what was likely to redound so much to the Benefit of his People and Honour of the Realm he caused 1. A Bank on the South side of Morton's Leame extending from Peterborough to Wisbeche to be made and a navigable Sasse at Stanground and began the like Bank on the North side of that Leam 2. He caused a new River to be cut betwixt the Stone Sluse at the Horshoo and the Sea below Wisbeche of Lx foot in bredth and about two miles and an half in length with Banks on both sides thereof 3. And lastly he placed a Sluce in the Marshes below Tyd upon the out-fall of the Shire Drayn which afterwards was swallowed up by the Quick sands But here I come to a period of that noble design of this excellent Prince he being not in a condition to prosecute it any farther those fatal Clouds which began to appear in Scotland the year before by the unhappy combination of that people in a League and Covenant thickning apace that present year scil An. 1638 so that he was necessitated to raise an Army and to march thither in person for the prevention of the approaching storm which when with no small charge trouble he believed he had done disbanded his Army upon assurance of their future more stedfast obedience they soon after invaded this Kingdom with a powerfull Host which occasioned his Sacred Majesty to call a Parliament here hoping both of advice and assistance from his English Subjects for the getting out and quieting of those turbulent Spirits But instead thereof what a foundation the predominant party in the Parliament confederated with their Brethren the Scots for by that title they were then plâ—ased to call them had laid for the ruine of the King the extirpation of his posterity and enslaving of the whole Nation I shall not need here to tell the wofull dayes which we have seen being still so fresh in the minds of all good people The Kings work therefore being thus obstructed and the Country thereupon entring upon the said nineâ—y five tâ—ousand Acres the said late Earl of Bâ—dford and his Participants did in the year 1641 make their application to the then Parliament and had their Case committed but the flames of war so soon after breaking out not only hindred them from any farther prosecution of their purpose but occasioned the works made both by him the said Earl and his late Majesty to decay and become useless Whereupon William Earl of Bedford son and heir to Francis then deceased being willing to prosecute the work wherein his Father had been so great an Adventurer making his address in the behalf of himself and some other his Participants to that Convention sitting at Weâ—tminster in the year 1649. and then called by the name of a Parliament was thereby declared to be the Undertaker for the same and that he should have ninety five thousand Acres for perfecting thereof as they were set out in October 13 Caroli or thenceforth should be set out by virtue of that Act. The said Earl and his Participants therefore fell in hand with the work for the better understanding whereof it will be proper to take notice that this main body of the Fens so undertaken by them is divided into three distinct Levells viz. the North Levell the Middle Levell and the South Levell every of which hath its particular Banks and outfalls 1. That which I call the North Levell lying betwixt the River of Weland and Moretons Leame they defended from Weland by a Bank beginning at Peakirk running to Crouland and so to Brotherhouse where it unites with Holland Bank which Bank as all the rest of the great Banks are generally is seventy foot broad at the bottom and eight foot in height Peterborough water viz. the River Nene being also kept off by the like Bank extending from Peterborough to Guyhirne But the Drayns are only those that were before which were by this Earl and his Participants new scoured and opened And the outfall is also the same viz. by Shire Drayne and the Sluse at Tyd for the Sluses set in the Marshes are all lost which cost neer 25000l. Moreover they caused Wisbeche River to be opened for the length of two miles
THE HISTORY OF IMBANKING and DRAYNING OF DIVERS Fenns and Marshes Both in FOREIN PARTS AND IN THIS KINGDOM And of the Improvements thereby EXTRACTED FROM Records Manuscripts and other Authentick Testimonies BY WILLIAM DUGDALE Esquire NORROY King of Arms. LONDON Printed by Alice Warren in the Year of our Lord MDCLXII TO THE KINGS MOST EXCELLENT MAJESTY Most Gratious Soveraign THE first and greatest attempt that hath been made in this Kingdom for the general Drayning of those vast Fenns lying in Cambridgeshire and the Counties adjacent was by that Prudent and Grave Prelate John Morton sometime Bishop of Ely the principal Instrument of that happy Union betwixt the two Houses of York and Lancaster as the Chanell betwixt Peterborough and Wisbeche still bearing his name doth witness And the next by your Royal Grandfather and Father of Blessed Memories the chiefest branches of that Renowned Stock Which not succeeding as it was designed by reason of the distractions of those times it will be no small Honour to your Sacred Majesty and Advantage of your Realm to compleat and make perfect that Noble undertaking To which end I most humbly offer unto your Majesty this present Historical Discourse whereby it will appear not only that divers Great and Mighty Princes and other Persons famous in their times have in Forein Parts been active in Works of this kind but how much your Majestie 's own Royal Ancestors have by several excellent and wholsome Laws promoted the like in this Kingdom Praying to the Almighty that he will bless your Majesty with a Long and Prosperous Reign that good Arts may again flourish amongst us and Virtue receive its due Encouragement to the joy of all your Loyal Subjects and amongst them of Your Majesties most Obedient Subject and Faithfull Servant WILLIAM DUGDALE TO THE READER Courteous Reader THAT the Strength of a King is in the Multitude of his Subjects is a truth which no man will gain-say Hence is it that those Countries the soil whereof is naturally fruitfull are alwaies much better esteem'd than such as be sterile in regard they afford more and better sustenance to their Inhabitants And hence is it likewise that the most civilized Nations have by so much Art and Industry endeavoured to make the best improvement of their Wasts Commons and all sorts of barren Land Amongst which advantages that of Inclosure hath not been the least whereof there is a notable instance in the Counties of Northampton and Somerset which though little differing in their extent and goodness of soyl yet if estimation may be made by Musters Subsidies Tenths and Fifteens Inclosure hath made the one more than double to exceed the other both in people and wealth as hath long ago been observed by some of great Iudgment If then the meer Inclosure and Tillage of that which naturally yielded little profit doth justly deserve so great a commendation how much more is the skill and pains of those to be had in esteem who have recovered many vast proportions of Land totally overwhelm'd with a deluge of waters And of these I need not look out for examples from abroad our own Countrey affoarding a multitude of notable Instances as the ensuing Discouâ—se will fully manifest whereby it will appear that in sundry parts of this Realm there are many thousands of Acres which do now yield much benefit yearly by Rape Cole-seed Grass Hay Hemp Flax Wheat Oats and other Grain nay by all sorts of excellent Plants Garden-stuff and fruit Trees which in former times were Drowned Lands And this was it which gave encouragement to oâ—â— two late Soveraigns of Blessed Memory viz. King James and King Charles the first to become the sole Adventurers for the Drayning of those vast Fenns of Cambridgshire and the five other adjacent Counties a worthy Work and never totally attempted till their times well discerning that by a compleat performance thereof the costly and troublesome meeting of Commissioners for Sewers the frequent great Taxes for the maintenance of divers Banks and Drains with many unhappy controversies and emulations relating thereto might be in a great measure prevented And if our industry were but comparable to that of our Neighbours in the Belgique Provinces how much more might those drayned grounds afford us for profit and pleasure than they yet do forasmuch as theirs lying below the Levell of the Sea at high Tydes is drayned by Engines which cast out the water and ours have not only a descent to the Sea but divers large Rivers and streams for leading the waters to their natural out-falls To give instance in the benefits First let us consider the large proportion of this one Levell which is no less than five hundred thousand Acres it being from the edge of Suffolk to Waynflete in Lincolnshire full Lxviii miles in a strait line And if we reckon by the bow of the Fenn which runneth up on both sides of the River Witham within a mile of Lincoln it may be well accounted Lxxx miles the bredth being in many places xxx more xx and seldom so little as ten miles so that 't is thought by some to be as good ground and as much as the States of the low Countries enjoy in the Netherlands Next for the richness of the soyl being gained from the waters doth it not for the most part exceed the high grounds thereon bordering as much as other meadows do which are ordinarily let for xxs. the Acre And do we not see that in the Marshes beyond Waynflete in Lincolnshire where the grounds are severed and trenched it is hard to find a poor man though they sit at great Rents for their Cattel being alwaies sound and thriving are therefore merchandable or if they come to a mischance yet fit for food Moreover besides the great plenty of flesh and white meats with the breed of servicable Horses let us consider the abundance of Wooll Hydes Tallow and other Commodities which this fruitfull ground now produces and that the new Chanels made for the Drayning do yield no small advantage to all those parts for the carriage of their Corn and Merchandize whereas before they were constrayned to go many miles about according to the natural bending of the Rivers And if we weigh the great inconveniences which these over-flowings have produced certainly the advantage by the general Drayning ought the more to be prized for in the Winter time when the Ice is strong enough to hinder the passage of Boats as hath been by some well observed and yet not able to bear a man the Inhabitants upon the Hards and the Banks within the Fenns can have no help of food nor comfort for body or soul no woman aid in her â—ravail no means to baptize a Child or partake of the Communion nor supply of any necessity saving what those poor desolate places do afford And what expectation of health can there be to the bodies of men where there is no element good the Air being for the most part
cloudy gross and full of rotten harrs the Water putrid and muddy yea full of loathsome vermin the Earth spungy and boggy and the Fire noysome by the stink of smoaky Hassocks As for the decay of Fish and Fowl which hath been no small objestion against this publick work there is not much likelyhood thereof for notwithstanding this general Drayning there are so many great Meeres and Lakes still continuing which be indeed the principal harbours for them that there will be no want of either for in the vast spreading waters they seldom abide the Rivers Chanels and Meeres being their principal Receptacles which being now increased will rather augment than diminish their store And that both Fish and Fowl are with much more ease taken by this restraint of the waters within such bounds we daily see forasmuch as all Netts for Fishing are better made use of in the Rivers and Meeres than when the waters are out of those narrower limits And that Decoys are now planted upon many drayned Levels whereby greater numbers of Fowl are caught than by any other Engins formerly used which could not at all be made there did the waters as formerly overspread the whole Countrey THE HISTORY OF IMBANKING and DRAYNING CAP I. THAT works of Drayning are most antient and of divine institution we have the testimony of holy Scripture In the beginning God said let the waters be gathered together and let the dry land appear and it was so And the Earth brought forth grass and herb yielding seed the fruit-tree yielding fruit after his kind and God saw that it was good Again after the Deluge it was through the divine goodness that the waters were dryed up from off the Earth and the face of the ground was dry And that those Nations which be of greatest antiquity and in chief renown for Arts and Civility are also famous for their works of this nature is evident from the practice of the AEgyptians the Babylonians the Graecians the Romans and several other of which I shall give instance First therefore of Egypt because that Countrey is more mervailous than any other and that the works there are more remarkable than the Countrey This lyeth in a great length from South to North between Arabia and Lybia and is watered with the River Nilus a stream that all the Winter keepeth within his banks but at the Summer Solstice beginneth to exceed and swelling an hundred dayes is almost as long a time in retreating Which constant inundation is so commodious that those surrounded parts as an eminent Historian testifieth are only habitable and that whatsoever place on either side the River riseth in such a manner that it cannot receive the floud remaineth desert and uninhabited through want of water We may therefore esteem the AEgyptians to have been the first Masters in this Art of Drayning whom necessity and profit induced to imploy their wit and labour to the improvement of their Countrey and making the best advantage of that exorbitant River wherein they became most excellent their workman-ship about the River Nilus being such as the same learned Author manifesteth that Industry surpassed nature for Egypt saith he though naturally fruitfull being watered is more fruitfull And though according to the course of nature the greatest increase of the River watereth the most land yet through industry it was so brought to pass that oftentimes when nature was defective there was by the help of Trenches and Banks as much ground watered with the smaller flouds as with the greater so that at high floud the Countrey is all a Sea except the Cities and Villages which being situate either on Natural hills or Artificial banks at distance seem to be Islands The just increase of this flowing appeareth to be xvi Cubits Lesse watereth not all more is too slow in retreating too much water keeping the ground wet too long loseth the season of sowing too little affordeth no season through drougth The Country reckon upon both At xii Cubits they foresee famine at xiii hunger xiv bring mirth xv security xvi plenty The AEgyptian Trenches therefore were of two sorts either for avoidance of superfluous water or disposing of what might be useful there being notable examples of both kinds Of the first sort are those many out-lets made by hand for the Rivers more current passage into the Mid-land Sea the natural mouths of Nile being insufficient for the septem ostia were not all natural Nilus having run through Egypt in one stream to the City Cercasorus thence divideth it self into three Chanels one runneth Eastward towards Pelusium thâ— other Westward towards Canobus from whence they are denominate the third dividing Delta runneth straight forward to Sebennitus from whence it hath it's name and there is divided into two other streams the one passing by Sais the other by Mendes receive their names from those Cities But the Bolbitique Bucolique Chanels are not natural but made by digging This Island of Egypt towards the Sea between the Pelusiaque and Canobique Chanels is called Delta from the form of the letter Δ. Between these two mouths besides the five before named there are many smaller For from the former there are divers subdivisions throughout the whole Island which make sundry Water-courses and Islands so as one Chanel being cut into another it is navigable every way The reason why these lower parts were cut and Drayned in such extraordinary manner may be supposed to be besides the convenience of navigation for that they were more apt to silting whereof the AEgytian Priests had good experience For in the Reign of King Myris when the River rose not above eight Cubits it watered all Egypt below Memphis But now in Herodotus his time unlesse it rose xvi or at least xv cubits it overflowed not that part of the Country Nor was there nine hundred years passed from the death of King Myris to the time that Herodotus heard this from the Priests Amongst this sort of works against the inconvenience of the River may be reckoned the inbanking of Cities which Sesostris first performed But those works especially at Bubastis were after heightned by Sabacon the AEthiopian who imployed therein all persons condemned to death The other kind of Trenches extending the benefit of the inundation beyond nature is more commendable having lesse of necessity but more for imitation The first of these was made by King Maeris into a Lake on the Lybian side which bears his name which Lake saith Herodotus is three thousand six hundred furlongs in compass being the measure of Egypt along the Sea coast and lyeth in length North and South the greatest depth being â—ifty paces Almost in the middle thereof stand two Pyramids each fifty paces above water and as much below in all an hundred paces there being upon each a Colossus sitting in a Chair The water of this lake is not esteemed to spring
nor the Persians made use but held a guard there to keep off strangers Howbeit Alexander the great seeing the opportunity of place caused a City to be built there which bore his name the foundation whereof was laid with Brann instead of Chalk which was taken for a good omen Which City was seated as it were between two Seas having on the South the Lake Mareia or Mareotis But it had been an intolerable inconvenience to have dwelt in a dry Country so far from the River Nilus had not that discommodity been avoided by means of artificial Rivers Therefore that navigable Chanel was made from Canopus which became famous for the practise of Luxury Another navigable River was also made from the Haven on the Mid-land Sea to the said lake Mareotis This lake is filled from the River Nile by many Trenches as well from above that is out of the Lake Meris whereof I have spoken as on the sides of it by Trenches cut immediately from the Nile and having eight Islands in it containeth above an 150 furlongs in bredth and neer 300 in length being well inhabited round about and affording good Corn. By which Water-passages much more Commodities were brought to Alexandria than by Sea so as the Haven on the Lake side was richer than that on the Sea and more goods carryed from Alexandria to Italy than from Italy thither as plainly appeareth by the Vessels more or less fraughted which pass to and again from thence and from Puteoli Besides the wealth that is brought in at both Havens from the Lake and Sea the goodness of the air is not unworthy to be remembred it being occasioned by the water on both sides of the City and the seasonable rising of the River Nilus For whereas other Towns situate by Lakes have in the heat of Summer a gross and stifling air forasmuch as their banks being left muddy slimie exhalations are drawn up by the Sun which make the air unwholesome and occasion sicknesse here in the beginning of the Summer the Nile being full filleth the Lake leaving no part muddy to exhale any malignant vapour At which time the Etesian winds blow also from the North Sea so as the Alexandrians passe the Summer pleasantly And that the improvement made in Egypt by the drains and new Rivers after the building of Alexandria was very large appeareth by these following instances in several ages In the sacred Commentaries of the antient Priests there were numbred in Egypt Cities and Towns of note eighteen thousand Under Amasis the last King before the Persian Conquest there were twenty thousand Towns in Egypt inhabited And under Ptolomy the first above thirty thousand The Printed Copies of Diodorus have only 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 But that reading is faulty as appeareth by the preceding numbers and the testimony of Theocritus who was one of the seven Pleiades in the Court of Philadelphus the second Ptolomy in whose Territorie there were thirty three thousand three hundred thirty nine the improvement seeming then to be more compleat Howbeit in tract of time through great neglect these Trenches and Drayns by which the overflowing of the Nile so much inricht this Country were filled with mud But Augustus Caesar having reduced Egypt into the condition of a Province to the Roman Empire caused them to be scoured by his Souldiers which noble work did so much restore it to the fertility it formerly had and consequently increase the populousnesse thereof that the number of persons there inhabiting over and besides the Alexandrians were shortly after found to be no lesse than seven millions and five hundred thousand as the tribute mony paid by every head doth manifest And thus much for Egypt CAP. II. BABYLON I Am now come to that sometime famous City of Babylon situate in a low and flat Country Of which Sir Walter Rawleigh giving a reason why there is so little written of Belus who succeeded Nimrod the first Assyrian Monarch saith that it is thought he spent much of his time in disburthening the low Lands of Babylon and drying and making firm grounds of all those great Fens and over-flown Marshes which adjoyned to it How the parts hereabouts came thus to be surrounded let us hear what Pliny saith which is thus in effect The River Euphrates being cut into two parts stretcheth it's left arm into Mesopotamia by Seleucia the principal City in Syria and so into Tygris and it 's right arm to Babylon the chief City of Chaldea whence passing through the midst thereof it runneth into the Fens It is reported that this division of that River was made by Gobaris the Prefect lest otherwise by it's violent course it might have infested the City of Babylon but by the Assyrians it is called Naarmalcha which signifieth the Kingly River That the inundations from this River are occasioned upon the same reason as those of Nilus before spoken of we have not only the testimony of the before specified Author but of Strabo whose words are these Exundat enim Euphrates aestate sub ver incipiens c. Euphrates overfloweth in Summer beginning at the Spring time when the Snow in Armenia melteth so that the Fields must needs be overwhelmed with water◠unless that the flood be diverted by Trenches in such sort as they restrain the River Nilus in Egypt hereupon therefore is it that Chanels are digg'd c. That the Banks and Drains made by Belus did not fully accomplish that work of Drayning above mentioned or in case it did that after-ages through discontinuance of their repair were little the better for them appears by the relation of Herodotus who speaking of those two famous Queens of Babylon viz. Semiramis and Nitocris saith of Semiramis who reigned five ages before the other Haec per planitiem aggeres extruxit spectando dignos quum antehac flumen eam restagnare solitum id est She raised Banks throughout the whole Levell worthy of observation whereas before she did so it was wont to be drowned by the River And of Nitocris that being more active diligent than her Predecessour ante omnia Fluvium Euphratim c In the first place she diverted the stream of Euphrates into crooked Chanels which before ran in a straight course through the midst of the City levelling the Ditches above so that it might thrice flow into Arderica a certain village of Assyria and that those things which were conveyed by the Sea towards Babylon through the River Euphrates should thrice land at this village for three dayes together This she thus accomplisht And likewise upon the verge of the said River on each side she raised Banks for bignesse and height wonderful to behold Moreover far above the City and at some distance from the River she digg'd a Chanel for the Fen as deep as the water which was in bredth every way near three hundred and twenty furlongs And the
Earth digg'd out of it she brought to the Banks of the Riverâ— the brims whereof she strengthened with stones in such places where the weight of the said Banks did oppresse them These two works viz. the turning of the River into that winding posture and the making that Drayn she did first to the end that the said River by the many bendings thereof might glide more gently next that the passages of Ships towards Babylon might be crooked and lastly that by those Navigations the long Turnings of the Chanel might be sustained CAP. II. GREECE I Next come to those works of this kind as were performed by the Grecians whâ—reof I shall give instance in Thessalie and Acarnania The first of these is said to have been antiently a Lake being on every side inclosed with Mountains For on the East it hath the Hills Peleon and Ossa mutually joyning at their descent to the North Olympus to the West Pindas and to the South Othris The Valley betwixt these Hills is Thessalie Among other Rivers that flow into it these five are the chiefest Peneus Apidanus Onochonus Enipeus and Pamisus which running from the Hills incompassing this Country meet in the Plain and become one stream which at one passage and that but narrow issueth into the Sea from the confluence of these waters Peneus continueth the name It is reported that in old time when as yet there was no out-let these Rivers and the Lake Bebeis besides were not called as at present although they did run no less than now but running made all Thessalie a Sea The Thessalians themselves say that Neptune made that passage by which Peneus floweth into the Sea For the Greeks ascribe all beneficial inventions to their Gods And Herodotus taketh it to be the effect of an Earthquake But no man can deny it to be a very remarkable work of Drayning And that it is now a place of extraordinary pleasantness I shall refer my reader to the Map of Tempe in Ortelius his Parergon Of Acarnania this is observable that where Achelous a River of that Country runs into the Sea it hath already made continent one half of the Islands called Echinades and that the Fable goes that Hercules here encountring with Achelous who is said to have transformed himself into a Bull because of the roaring noise of the River broke off one of his Horns and gave it to Oeneus in pledge of his marriage with Deianeira his daughter They which collect truth out of Fables say that Hercules who was generally beneficial for Oeneus his Father in Law 's sake restrained the exorbitant overflowings of this River with Banks and Trenches and drayned a great part of the adjacent Country and that this was the Cornucopia which the Poets made to be the emblem of Plenty CAP. V. Of the ROMANS THAT the Roman works of this nature were not a few and those very eminent I shall next make manifest by their drains in the Pompeian Marshes the Fossa Mariana the improvements about Placentia and Gallia Cisalpina the restraint of the River Tiber in it's overflowings and the exsiccation of the great Fucine Lake in Italy Sect. 1. The Pompein Marshes In the year 593 when L. Anicius Gallus M. Cornelius Cethegus were Consuls the Senate being in Counsel concâ—rning the Provinces because there seemed not sufficient use against the Enemy for the ordinary forces of both the Consuls which are 4 Legions besides the Auxiliaries socii there was a motion made concerning the improvement of a great level of waste land lying under water about xl miles from Rome in Latium Which businesse was entertained with great approbation for like as it is esteemed a most high commondation for a private man to be called a good Husâ—andman by the Consuls So doth the Senate now think that they should deserve the praise of good Husbands for the commonwealth if in this opportunity of leisure they could gain such a quantity of rich Land to Italy which is the greatest part mountainous and barren Neither is this imployment thought too mean for the Legions though consisting of Free men For the Roman and Italian Infantry as well accustomed to the Spade and Basket as to the Sword and Buckler use to be their own Pioners in their dayly intrenchments Neither work they for their own safety only in time of danger but for the common good also in time of security The Consuls Ao. 566. had herein given a president who lest their Souldiers should be idle imployed them in making of High-wayes hereupon it was decreed that one Consul should attend the Enemy in Gallia and the other undertake the drayning of the Pompeine Marshes All the Country which lyes Eastward of Rome between the River Tiber and Campania is now united under the name of Latium and in it that place which lyeth towards the Sea beneath the row of Hills which reach from Belitre to Terracina is the largest It is denominate from Suessa Pometia antiently a rich City and metropolitan of the Volsi but now scarce extant The maritime parts of this Vale for a great extent are drowned not so much through any inundation of the Sea whose Tides are here but small as by reason the waters of Amasenus and Ufens the bigger River having not their passages sufficienttly open into the Sea diffuse themselvs over those spacious low grounds up towards Sulmo Setia This tract is therefore cal'd the Pomentin or Pomptin Fens having been in such manner surrounded beyond all memory For Homer describing the arival of Ulysses at the Circean promontory calls it an Island in regard of these waters on the one side and the Sea on the other The which Island sayes Theophrastus had about ten miles of circuit But in his time he wrote about twenty years after Appius had been Cenâ—or the Rivers by casting up earth had joyned it to the continent So as I do not perceive that hitherto either before the Romans were Lords of the soyl or since there had been any order taken for the winning of this ground from the Water But now by order of the Senate the Pomptin Fens are laid dry by Cornelius Cethegus the Consul to whom that Province fell and they are made good ground The Country people allured therefore with the richnesse of the soyl setled themselves here in such abundance that there was said to be not long after this time for I cannot understand it of any former three and twenty Towns in this place it being a land capable of many thousand Husâ—andmen But in after times whilst the state distracted with civil Faction neglâ—cted the maintenance of the Works the waters again by degrees gained upon the Land so as Iulius Caesar had an intention not only to have drayned the Fenns anew but to have brought the Appian way through them Whether Augusâ—us did any thing to them may be doubted for in Vespasians time they
were come to that passe that it was esteemed a miracle they should ever have been so well inhabited At the same time I conjecture when the beds of the Rivers were scoured and the lands trenched was that great cut made through the midst of these Fens which served afterwards not so much for a Sewer as the more direct and easie passage of the Traveller For whereas the Appian way tracing the up-land turned Eastward and went in compasse about the Fensâ— This being drawn in a streight line crosses over more directly and meets the High-way again About three miles from Terracina saith Strabo as you go to Rome this canal abutteth on the Appian way and is replenished in many places with the Fennish and River waters The ordinary passage is in the night so as they who go aboard in the Evening land in the Morning and go on the rest of their journey in the Appian way They passe also in the day-time the Boats being towed with Mules Which water-passage is elegantly described by Horace where the company parting he mentioneth the two wayes from Forum Appii to Terracina the Appian and this by Boat This Landing-place next to Rome was in after-times known by the name of Forum Appii a small Town inhabited chiefly by Water-men and Victuallers but it is not evident whether it were formerly built when the Appian was first made or whether now upon this occasion it was erected for the convenience of them that here do take water named from the Road whereon it stands The use of this passage continued long after the restagnation of the Fens which were not again drayned til Trajan the Emperour performing the work which Iulius Caesar perhaps intended made a stone way through the Pomptin Fens building Inns thereon most magnificent Bridges for the conveyance of such waters as were on the upper part of the Fen In memory whereof a monumental stone was erected with this Inscription Copyed from the original at Terracina by that learned Gentleman Mr. Iohn Graves IMP. CAESAR DIVI NERVAE FILIVS NERVA TRAIANVS AVG. GERMANICVS DACICVS PONTIF MAX. TRIB POT XIIII IMP. VI. COS. V. PP XVIIII SILICE SVA PEGVNIA STRAVIT LIII This work of Trajans had no peculiar name but because it shortened the Appian way was esteemed part of it Yet about four hundred years after from the number of Mile-stones it was called Decennovium the reckoning being from Forum Appii ad Medias the lodging of Trajan reared on the way ix miles From thence to Terracina x more And the Canal or River so called because it was xix miles long After this Theodoricus King of Italy authorized one Decius to drayn Paludem Decennovii â— which he performed by cutting many Trenches that were not before this being the third and last time that these Marshes were laid dry and in memory thereof caused this Inscription to be set up Anxuri sive Terracinae in Caesarei templo DN GLORIOSISS ADQ. IN CLVTVS REX THE ODORICVS VICT. AC TRIF SEMPER AVG. BONO REIP. NATVS CVSTOS LIBERTATIS ET PROPAGATOR ROMANI NOMINIS DOMITOR GENTIVM DECENNOVII VIAE APPIAE ID EST A. TRIP VSQ TERRACENAM ITER AD. LOCA QUAE CONFLUENTIBUS AB UTRAQ PARTE PALUDUM PER. OMNES. RETRO-PRINCIPIVM INVNDAVERVNT VSVI. PVBLICO ET SECVRITATI VIANTIVM ADMIRANDA PROPITIO DEO FELICITATE RESTITVIT OPERI INIVNCTO NAVITER INSVDANTE ADQ. CLEMENTISSIMI PRINCIPIS FELICITER DESERVIENTE PRAECONIIS EX PROSAPIA DECIO RVM CAEC MAV BASILIO DECIO VC INL EXPF VRB. EXPPO EX CONS ORD PAT QVI AD PERPETUANDAM TANTI DOMINI GLORIAM PER. PLVRIMOS QVI. ANTE ERANT ALBEOS ..... ............................. DEDUCTA IN. MARE AQVA IGNOâ—AE ATAVIS ET NIMIS ANTIQVAE REDDI ....................... Sect. 2. Fossa Mariana This was made by the famous Marius who was seven times Consul neer unto one of the out-falls of the great River Rhodanus in that Fenny and Marish Countrey not far from Aries and issueth into the Sea Sect. 3. The Fenns about Placentia These being occasioned by the overflowings of the Po were drayned by Scaurus who caused navigable Trenches to be cut from them into Parma The like is still observable in the Territory of Ferrara which though a low ground and receiving the current of Po with other Rivers of Lombardy is yet secured by Banks and Works which hinder their inundations particularly by the help of the Rotto di Ficarollo and the Ramo di Polistella Sect. 4. Gallia Cis-Alpina This Country much aboundeth with Rivers especially that Territory belonging to the Venetians which lying flat and towards the Sea by the flowing of the Tides became a Fenny Marish But by the help of Trenches and Banks in such manner as was long before experimented in the lower Egypt some part thereof hath been drayned and made useful for tillage some navigable and some cut into Islands Sect. 5. Of the River Tiber. To restrain the exorbitant overflowings of this stream which was not a little choakt with dung and several old buildings that had fallen into it I find that Augustus Caesar bestowed some cost in the clearing and scouring of it And that after this through abundance of rain the low grounds about the City suffering much by great inundations thereof the remedy in preventing the like for the future was by the Emperour Tiberius committed to the care of Ateius Capito and L. Aruntius Whereupon it was by them discussed in the Senate Whether for the moderating the floods of this River the Streams and Lakes whereby it increased should be turned another way But to that proposal there were several objections made from sundry Cities and Colonies the Florentines desiring that the Clanis might not be put out of it's accustomed Chanel and turned into the River Arnus in regard much prejudice would thereby befall them In like manner did the Inhabitants of Terano argue affirming that if the River Nar should but cut into smaller streams the overflowings thereof would surround the most fruitful grounds of Italy Neither were those of Reate a City in Umbria silent who refused to stop the passage of the Lake Uelinus now called Lago de Terni into the said River Nar. The businesse therefore finding this opposition was let alone After which Nerva or Trajan attempted likewise by a Trench to prevent the fatal inundations of this River but without successe Sect. 6. The Fucine Lake Nor is it a little to be admired what labour and costs the Romans bestowed in endeavours of this kind it being testified of the Emperour Claudius that he imployed no lesse than thirty thousand men for the space of eleven years without intermission for drayning of the great Fucine Lake in Italy who digg'd for that purpose a Chanel of three miles in length whereof part was cut through a Mountain yet did not accomplish the work Which failingâ— no whit deterred posterity for making Father attempts therein
to the said Shireeve bearing date the xxth of April requiting him to return back those distresses to the end that no more complaint might be made against him upon that occasion for which he might farther incurr the said King's displeasure To give instance of all the particular persons who opposed these Ordinances it would be too tedious could I exactly do it I shall therefore here take notice of one only sute in this case which was commenced by one Godfrey le Fauâ—oner against Hamon Pitte Iohn Cobbe and others for taking ten Cows by way of distresse upon his the said Godfrey's Mannour of Hurst for his disobedience to the said Ordinances To which action the said Hamon and his Fellow-defendants pleaded that the said Godfrey enjoyed certain possessions lying in Romney Marsh in which Marsh all that hold any lands ought according to the quantity of their Tenements to make the Banks and Water-courses against the Sea and other inundation of water And that the xxiiii men oâ— that Marsh chosen and sworn by the commonality thereof ought to make distresses in the same upon all the Landholders according to the quantity of their Tenements whensoever the Banks and Water-courses thereof should stand in need of repair Which said Jurats as the custome was because they could not attend it themselves made choice of the said Hamon to take those distresses and constituted him their Bayliff so to do And that they have this liberty by the antient Custome of the said Marsh and by the Kings Charter which they then produced Whereupon they say that by teason of the said Godfrey's default that distresse taken for repair of those Banks and Watergangs was justly made Of which there were assigned by the said Jurats three perch and a half at the least for his proportion in the Bank of Apuldre to be repaired at his costs and according to the overflowing of the waters more if need should be in divers places And whether they might not have taken a greater distresse upon him they appeal to the Country They say neverthelesse also that they took upon one A. B. a Fermour to the said Godfrey ten Steers and ten Lambs belonging to I. N. Tenant also to the said Godfrey by reason of his default in repairing the said Banks and Water-gangs for which they afterwards made satisfaction and had their Cattel again And being questioned for how much he took the first distresse and for how much the second he said that the first default of the said Godfrey was estimated at four Marks and the second at xlviiis. And the said Godfrey alleged that he held those Tenements in the Marsh aforesaid by the grant of Henry sometime King of England Grand-father to King Henry then being And that the same King Henry gave them to William the Son of Balderic ancestor of the said Godfrey whose heir he is And that by this grant both his Ancestors and himself after them alwayes held their Tenements in the said Marsh as freely and quietly as the said Baldric first held them And he farther said that this custome for the repair of those Banks and Watergangs was never required neither of his said Ancestors nor himself till about five years then last past that the said Hamon was made Bayliff for the custody of the same Banks and Watergangs nor that they ever made them at any time and produced the Charter of the said King Henry the second And moreover said that his Ancestors held those Tenements by that â—eoffment so freely that they never did any repair to the said Banks not Water-gangs And that neither he after he possessed the same lands nor his Ancestors were ever distrained till within these five or six years last passed that the said Hamon and others took his Cattel And forasmuch as they knew who they were that made those distresses for that defect in repairing the said Banks and Water-gangs which neither he nor his ancestors made nor were us'd to make he required judgement of their recognition Whereunto the said Hamon and the rest replyed that in former time there was a difference betwixt the Tenants in the said Marsh touching the repair of the before-specified Banks and Water-gangs Upon which there grew a sute in the Country before the Shireeve wherein the said xxiiii Jurats deeming themselves wronged came to the King's Court and complained to the Shireeve alleging this Plea did not pertain to the Shireeve to hold It was therefore determined by the King's Counsel that the Kings Justices should be sent thither to ordain and dispose of those differences according to Justice and accordingly Henry de Bathe being sent all the Tenants of the said Marsh had summons of xl dayes as in the Iter of the Justices And the said Henry upon his view of those Banks and VVater-gangs by the consent good liking of the whole commonality of the said Marsh then ordained that the Arch-bishops Bishops Abbots Priors Earls Barons and all the tenaÌ„ts in the said Marsh should coÌ„tribute to the repair of those Banks Water-gangs according to the quantity of their tenements VVhereupon as the said Godfrey desired to be defended by the said Banks water-gangs the said Hamon required that he the said Godfrey should contribute to those repairs as it was ordained in the presence of the said Justice And that there was such an Ordinance as aforesaid he referred himself to the Record in the Rolls of the said Henry de Bathe And also the said Hamon further alleged that of necessity the said Godfrey ought to contribute to the said Banks c. Because that if his land should not be defended by them it would be wholly drowned made salt But to this the said Godfrey answered that though that Ordinance was so made by the said Henry yet he the said Godfrey never gave his consent thereto and that he was neither summoned nor called to come before him at the making thereof And moreover said that neither before the same Ordinance so made nor after either he or his Ancestors ever so contributed but alwayes held their land quietly without any exaction at all according to the Tenor of the before-specified King Henry's Charter Grandfather to the then King Henry untill two years before that the before-specified Hamon and others took his Cattel Whereupon he required judgement whether the same Ordinance ought to prejudice him in that behalf Howbeit the said Hamon and others replyed that he had the common summons of xl dayes in such sort as the whole Commonality of the said Marsh had whereof he ought not to be ignorant And thereupon said that though the said Godfrey would not come as he ought to have done with his neighbours he ought not therefore to be free from payment of the before-specified contribution for repair of those Banks because it conduced to the common profit of all the Tenants in the same Marsh that aswell his lands as the lands of the other Tenants be defended by the
Richard de Horne Stephan Wettenham Iohn Franceys and Hamon Wodeman were put in Commission for to supervise the Banks in this Marsh from the Town of Hethe all along the Sea-coast unto Apuldre as also in other Marshes within this County viz. from the Haven of Romney to Promhill Church and thence by the Sea coast to Apuldre before mentioned they being at that time in decay in sundry places thereof Which King viz. Richard the 2d out of his special care also for the safeguard of this Marsh having viewed the Charter of his Royal Ancestor King Edward the first wherein aswell that of King Henry the 3d whereof I have taken notice in it's due place as that memorable Ordinance of Henry de Bathe likewise before repeated are recited did not only make Confirmation of them both but farther out of his Princely favour by the assent of his Councel at the request of the Inhabitants of the said Marsh granted for himself and his heirs to the Bayliff and xxiiij Jurats which then were and that thenceforth should be that they as also their heirs and successors should for ever have this Liberty viz. they and every of them to be exempt from serving at any Assizes on Juries Inquisitions or Recognitions aswell within this County of Kent as out of it excepting in what should relate to the said King or his heirs And that they nor any of them should be Shireeve Eschaetor Bayliff Collector of Tenths or Fifteens or of any other Subsidy Chardge Tax or Tallage to be granted to him the said King or his heirs or any other Officer or Minister to him or his heirs aforesaid against their own good will during the time that they or any of them should be in the said Office of Bayliff or one of the Jurats aforesaid And the reason of this his Royal grant for such immunity he there declareth viz. that by their absence the whole Marsh as he had been informed might be overflown in a very short time and so utterly lost and destroyed to the infinite peril and damage of all his liege people in those parts In like manner and with the like recitals at large did King Henry the 4th and King Henry the sixth confirm the said Charter of King Henry the 3d and the so often mentioned Laws and Ordinances of Henry de Bathe concerning this Marsh Adding the like Liberties and Privileges as King Richard the second by his Charter last before observed did Which said Laws with all others relating to this Marsh as also the Customes thereof were grown at length so famous that the said King Henry the sixth in the 6th year of his reign by the advice and assent of the Lords spiritual and temporal and at the special instance of the Commons of this Realm then assembled in his Parliament holden at Westminster having considered the great damage and losses which had often hapned by the excessive rising of waters in divers parts of the Realm and that much greater was like to ensue if remedy were not hastily provided And thereupon ordaining and granting that for ten years â—â—â—n next ensuing several Commissioâ—s of Sewers should be made to diverâ— persons by the Chancellor of Engâ—and for the time to come in all paâ—ts of this his Realm where should be needful the form of which Commission is there recited amongst other things gave unto the said Commissioners special power and direction by that Act to make aud ordain necessary and convenable Statutes and Ordinances for the salvation and conservation of the Sea-Banks and Marshes and the parts adjoyning according to the Laws and Customes of this Romney Marsh. And after the expiration of the said ten years by Act of Parliament in 18 of his reign continued the same form of Commissions So also in 23. The like did K. Edw. the 4th in 12º of his reign and K. Henry the 7th in 4º of his And now having thus manifested how great a care and regard the successive Kings of this Realm had for divers ages of this famous Marsh I will cloze up what I have farther to say thereof with that notable Charter of King Edward the 4th bearing date at Westminster 23º Febr. in the first year of his reign whereby he incorporated the Bayliff and Jurats thereof the tenor whereof is as followeth viz. That whereas he the said King held himself obliged to take care of the defence of this his Realm and his loyal Subjects thereof from what place soever especially those who lay neerest to the first assaults and attempts of his Enemies And considering that many Towns and places situate neer the Sea had been laid waste by the spoils and burnings of the said Enemies and through the affrights of the Inhabitants who thereupon forsook them left unhabitable and desolate Thinking it therefore most necessary to repair the said Towns and places or to new build others neer unto them and being so built to endow and arm them with Liberties and Privileges that being so fortified they may by the peoples recourse to them be made more powerful and strong for the better safeguard of the whole Country And considering that in this Marsh of Romeney in the County of Kent which is situate neer to the Sea there was not at that time such a plenty of people and inhabitants as were wont to be But were it better defended there would a much greater confluence resort thereto and dwell therein for the more safeguard of the whole Country as he the said King had been informed from the credible relation of the Inhabitants of the said Marsh and other parts adjacent Taking therefore the premisses into consideration of his special grace and favour at the instant request of all the Commonalty and Inhabitants within the said Marsh as also for the preservation thereof and more security of the adjacent Towns he gave and granted to the said Inhabitants residing within the limits and bounds thereof that they should be one body in substance and name and one Commonalty perpetually incorporate of one Bayliff and xxiiij Jurats and the Commonalty of the said Romeney Marsh in the County of Kent for ever And that the said Bayliff Jurats and Commonalty shall have a continual succession and they and their successors for ever called termed and named by the name of the Bayliff Jurats and Commonalty of Romeney Marsh in the County of Kent And that they and their successors shall be persons proper and capable in Law to purchase Lands and Tenements and other Possessions whatsoever to themselves and their successors to enjoy iâ— Fee and perpetuity And that that they shall have a common Seal for their affairs and businesses relating to them the said Bayliff Jurats and Commonalty and their successors And shall plead and be impleaded answer and be answered by the name of the Bayliff Jurats and Commonalty of Romeney Marsh in the County of Kent in every of the said King's Courts and the Courts of
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
overflowed to the great damage of all the Country adjacent VVhereupon the Shireeve had command to summon the said Towns of Newsome c. who appearing accordingly answered that they could not deny but that they ought to repair and clense the said Sewer and that the same was not stopped by the making of certain Clows therein therefore they were amerc'd And the Inhabitants of Lostsome for their said Town of Lostsome also said that they could not deny but that theyâ— together with the towns of Newsome Birnd Knedillyngton Askelby and Barneby ought to clense and repair the same Sewer but they said that the current thereof was not stopped by the setting down of those Clows as it had been supposed and of this they requested that inquiry might be made by the Country VVhich being accordingly done the Jurors found that the said town of Lostsome together with the towns of Newsome Birnd Knedillyngtone Askelby Barneby had by making of those Clows obstructed the before-specified Sewer therefore the said town of Lostsome was amerc'd and it was decreed by the said Justices that those Clows should be taken away at the chardge of the Inhabitants of that place and of the rest before-mentioned And the Shireeve was required to see the same accomplishâ— and the Sewer repaired In 11 H. 4. Thomas Knight of Arkesey was attached by Iohn Fastolf who alleged that he the said Thomas ought to repair certain Banks upon the River of Done in respect of his lands in Bentley To which the said Thomas pleaded that he ought not In the same year it appears that the Abbot of Thornton was distrained for the repair of Thornton damme and Hamister damme which do râ—ach from Langdyke to the River of Ouse But the Abbot pretending errors in the judgment formerly given required that it should be revoked and so he did likewise for Blaktoft damme alias Hansardamme which extendeth it self from Fulney to the stream of Ouse which Chanel Sir Richard Hansard Knight and the town of Blaktoft ought to repair In 13 H. 4. Gerard Usflete Will. Lodyngton Richard Gascoigne Thomas Egmantone Guy Rouclyff Will. Rosselyn Rob. Haldenby and Iohn Garton were constituted Commissioners for the view and repair of the Banks c. upon the Rivers of Ouse Done and Eyre in the parts of Merskland and to proceed therein according to the Law and Custome of the Marsh. The like Commission in 1 H. 5. had Richard Norton Will. Lodyngton Peter de la Hay Iohn Dronsfeld Robert Barneby Will. Shirewode Thomas Saynpole and Nicholas Braytone for those banks c. from little Smitone to the River of Done and to do all things therein according to the Law and Custome of this Realm So also in 6 H. 5. had William Lodyngton Richard Gascoigne Guy Rouclyf Guy Fairfax Gerard Lodyngton others for the banks upon the said Rivers of Ayre Ouse and Done betwixt Turnbrigg neer Rouclyf the antient course of the said River Done in the parts of Merskland and to proceed therein according to the Law and Custome of this Realm In 9 H. 5. Robert Tirwhit Iohn Preston Iohn Aske Thomas Clarell Peter de la Hay Richard Gascoigne Guy Rouclif Guy Fayrfax Iohn Pigot Robert Rudstane Thomas Banke and Thomas Aungere were appointed to view and repair the Banks c. upon the Rivers of Ayre Ouse and Done betwixt Ouerfmouth and the antient Chanel of Done in the parts of Merskland and to proceed therein as abovesaid The like appointment in 1 H. 6. had Iohn Preston Iames Strangwayes Richard Gascoigne Guy Rouclyff Guy Fairfax Iohn Portyngton Thomas Aunger William Stansfeld and Will. Outhorpe for those banks upon the coasts of Ayre Ouse Done and Went betwixt Snayth and the antient course of the River of Done in the parts of Mersland and to proceed therein as abovesaid So also the year following had Robert Tirwhit Iohn Prestone Sir Henry Bromflet Knight Iohn Aske Peter de la Haye Iohn Ellerker Guy Rouclyf and Iohn Portyngton for those c. upon Ouse Derwent Humbre and Hull within the VVapentake betwixt Ouse and Derwent the liberty of Hovedenshire and VVapentake of Herthill and to do all things therein according to the Law and Custome of this Realm In 6 H. 6. Iames Strangways Thomas Fulthorpe Guy Rouclyff Guy Fayrfax Will. Ashowe Iohn Aske and Thomas Beaulieu were constituted Commissioners for the view and repair of the Banks c. upon the Rivers of Ayre Ouse and Went betwixt Snaythe and the old Chanel of Done in Merskland and to act therein as abovesaid And in the same year Sir Robert Bapthorpe and Sir Henry Bromflete Knights Iames Strangwayes Iohn Ellerker Iohn de Aske Guy Rouclyff and Iohn Portington had the like Commission for those banks c. within the liberty of Hovedene and VVapentake of Herthill as also betwixt the Rivers of Use and Derwent with power to make such Statutes and Ordinances for the safeguard and preservation of the coasts within those limits as should be necessary and fit according to the Laws and Customes of Romeney Marsh and to do all other things therein according to the Law and Custome of this Realm and the Custome of Romeney Marsh aforesaid As also to imprest so many Diggers and other Labourers upon competent wages in respect of the great and urgent necessity to expedite the work as they should think fit to imploy therein So also had Iohn Ellerker Tho. de Metham Thomas Clarell Robert Willughby Guy Roclyff Richard Wyntworth Iohn Maleverer and Iohn Portyngton for those betwixt Turnbryg and the Rivers of Done and Ouse And to make Statutes and Ordinances and to proceed c. as aforesaid And likewise Sir Will. Babyngton Sir Henry Bromflete and Sir Robert Bapthorpe Knights Thomas Metham Esquire Guy Roclyff Iohn Portyngton and Will. Moston for those within the Wapentake of Herthill and the Wapentake betwixt Ouse and Derwent and liberty of Howedon and to act therein as aforesaid So also the year following had Sir Will. Rither Knight Iames Strangways Thomas Clarell Esquires Guy Fairfax Iohn Thwaytes Robert Maleverer and Thomas Lyndeley for the Banks c. upon the Rivers of Ayre Ouse and Yore and to proceed as abovesaid And the like in 13 H. 6. had Iohn Ellerker Thomas Metham Iohn Constable Iohn Portyngton Will. Mustone and Robert Cawode for those in Mershlonde betwixt the Rivers of Owese Doone Ayer and Went and to proceed therein as abovementioned Many other Commissions there were to the like purpose and to make Laws and Ordinances according to the Laws and Customes of Romeney Marsh c. viz. in 23 H. 6. to Iohn Portyngton senior Iohn Nevill Guy Roclyff Iohn Portyngton junior Rob. Roclyff Geffrey Blakey and Peter Perc for those Banks c. in Mershlond betwixt the Rivers of Owese Doone Ayre and Went. In 27 H. 6. to Iohn Portyngtone Rob. Bapthorpe Esquires Guy
virtue of the Agreement abovesaid did build and plant a Town called Sandtoft with a Church therein placing a Minister there whereunto resorted above two hundred Families of French and Walloon Protestants fled out of their native Country for fear of the Inquisition only to enjoy the free exercise of their Religion here who erected and planted above two hundred habitations for Husbandry and plowed and tilled much of the said twenty four thousand and five hundred Acres of land to the great benefit of the Common wealth All which they enjoyed till about the Month of Iune in the year 1642 that some of the Inhabitants thereabouts pretending they had right of Common said they were not bound by the before-specified Decree and therefore taking advantage of the present distractions for then it was that the Parliament began to raise a powerful Army for the safety of the King's person defence of both Houses of Parliament and of those who had obeyed their Orders and commands and preserving the true Religion Laws Liberties and peace of the Kingdome as their votes and Remonstrances did set forth a vast proportion of money and plate being brought in by the Citizens of London and others for that purpose the King being at that time at Yorke with some slendâ—r guards which they voted to be a levying of warr against his Parliament they arose in tumults brake down the fences and inclosures of four thousand Acres destroyed all the Corn growing and demolished the Houses built thereon And about the beginning of February ensuing they pulled up the Floud-gates of Snow Sewer which by letting in the tides from the River of Trent soon drowned a great part of Hatfield Chase divers persons standing there with Muskets and saying that there they would stay till the whole levell were drowned and the Inhabitants forced to swim away like Ducks and so continued guarding the said Sluse for the space of seven weeks together letting in the tides at evâ—ry full water and keeping the Sluse shut at an ebb And about that time likewise some of the Inhabitants of Miâ—â—erton pulled down another Sluse neer that Town which occasioned the River of Trent to break down the Banks and overflow the whole levell so that the Barns and Stacks of Coâ—n were drowned a yard high at the least And thinking this not to be mischief enough the Inhabitants of the Isle of Axholme did about Michaelmasse in the year 1645 tumultuously throw down a great part of the Banks and filled up the Ditches putting in Cattel into the Corn and Pastures of those that had been Adventurers for the drayning Whereupon the said Participants in this great and costly work by their humble Petition exhibited to the Parliament in December following presented that after the expence of at least two hundred thousand pounds in those works the Tenants of the Mannour of Epworth notwithstanding their consents to that Decree before-specified which had been passed in the Exchequeâ— for settlement of what had been agreed on and set out of that Mannour for the said Participanâ—s and their Tenants had in a tumultuous manner thrown down and laid waste a proportion of at least 74000 Acres of land and destroyed a great quantity of Rape and Corn growing by forcible keeping and depasturing their Cattel thereon as also demolished very many Houses burnt others cut and burned the Plows beat and wounded those that were Plowing or resisted them in any of those their outragious acts and then threatned the drowning of the whole by cuttng of the Banks and misusage of the Sluses and moreover that they resisted the said Pâ—rticipants in levying taxes for the repair of the works to the great damage of the Common wealth in general and scandal to the Justice thereof in case these things should not be restrained and the offenders to be punished For preventing therefore of the like mischiefs and preservation of the peace of the Country it was then ordered by the Lords in Parliament that the Shireeve of the said County of Lincolne and Justices of peace there should upon complaint made to them therein punctually pursue the Statutes made in 13 H. 4. for suppressing of Riots and Routs and call to their assistance if need required the Trained bands of the said County and the Parliaments forces next adjoyning to be aiding and assisting to the said Participants in guarding and keeping these Sluses and Sewers and in repairing what had been so demolished and in levying the Taxes legally imposed tending to the preservation of so good and beneficial a work to the common wealth And for the setling of this businesse they farther ordered that the Shireeve of the County of Lincolne for the time being should upon request to him made by the said Participants appoint such a Deputy within the limits of the same levell for the sudden aiding and assisting of them when need should require as they from time to time did desire And that this Order should be forthwith published in the several Parish-Churches and Market-Towns of this County Which course being thus taken for restraint of those their tumultuous and riotous practices seven of the Inhabitants of the said Mannour of Epworth brought their actions at Law against the said Participants for recovering of what had been so formerly setled by the before specified Decree with their own consents Whereupon the said Participants exhibiting their Bill in the Exchequer Chamber for establishing their possession against those seven obtained this Order viz. that the Kings Solicitor general should proceed upon the same in that Court with all convenient speed and in the mean time the possessâ—ion of the lands in question to be held in quiet by the Plantiffs as it had been formerly setled by the said Court and enjoyed at any time since the said Decree made and likewise that their sutes at Law should be stayed by the Injunction of the same Court untill the hearing of the cause or that the Court gave farther order therein Upon which Injunction the Shireeve had a Writ of assistance and came with near a hundred persons to quiet the possession and set up the Banks of those 4000 Acres first laid waste But one Daniell Noddel Solicitor for the before-mentioned Inhabitants hearing of the said Shireeve's coming got together about four hundred men and forced him with all his assistants to flie and having so done demolished what he the said Shireeve had before caused to be set up The Participants therefore being thus forcibly kept out of possession brought their Bill to hearing which the said Noddel discerning he drew in to his aid Lieutenant Colonell Iohn Lilburne a person of a most turbulent Spirit and who since dyed a Quaker and Major Iohn Wildeman and whilst the cause was hearing joyned with the said Inhabitants in a farther Riot on the remaining 3400 Acres which till then had been kept up impounding the Tenants Cattel and refusing to admit of Replevins and so forced them to what rates
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
this Isle and kept guards about the waters near to the land hoping to take him cunningly without any slaughter of his own men But Hereward being aware thereof as also that some of those guards had encountred with part of his souldiers and pursued them he came in to their aid and by taking some of them discovering that the said Earl had set these ambushes for him and likewise that he was on the morrow to be at Hoherhed he hastned thither with his ships and placing some armed souldiers near the bank of the River went himself with three Horsmen and fouâ— Archers well armed unto the mouth thereof where the Earl himself with his men was then also come on the other side and seeing them sent some of his party nearer who enquiring whether they belong'd to Hereward and finding that they didâ— endeavoured to perswade them to forsake himâ— but prevailing not they returned to the Earl and told him that Hereward himself was on the other side of the water Whereupon the said Earl animated his souldiers to swim over with him presently and revenge his brothers death But they told him that it was not possible so to do saying that his coming thither was purposely thus to delude them whereupon the Earl sighing said to them on the other side of the water Oh that I had that Devilish fellow your Master here I would certainly torment him to death To which words of his Hereward replyed If we should happen to be so fortunate as to meet alone in any fit place you would not wish me in your feeble hands nor like well of my company and having so said stooping a little he bent his Bow and letting fâ—ye an Arrow hit the Earl on the breast but his Coat of mail would not suffer it to enter neverthelesse it came with such a force that it struck him off his Horse so that his servants took him up for dead in their arms In the mean while Hereward went away and came with his company into the Isle the same day where he was received with great honour by the Abbot and his Monks as also by those noble persons that were there viz. Edwine Earl of Leicester and Morkere his brother Earl of Warwick and other eminent men of the Country who having been much oppressed by the said Conquerour fled thither Whereof the King hearing and being much inraged thereat he resolved to get the Isle by assault and to that end caused a rendezvous of his whole Army at Alrehede neer which place there is a military rampire yet to be seen where the Fen was four furlongs in bredth and having brought store of wood stone and fagots of all kinds with a multitude of Trees and great pieces of timber fastned them together underneath with Cow-hides and to the end that they might the better passe over them they stript off the skins of beasts and filled them with wind like bladders which being done there were so many that pressed on to get over being greedy of the gold silver whereof they supposed store to be in the Isle that they that went formost were drowned with their Bridge and those in the midst became swallowed up in the depth of the Fenn but of those that were hindmost a few throwing away their weapons made a shift by the mud to escape Nevertheless multitudes perished in this adventure whose bodies were long after found putrified in their Harnesse and dragg'd out from the bottome of the water but one onely man whose name was Beda getting into the Isle The King therefore beholding this lamentable disaster and much grieving thereat departed thence with those few which he had left without any hope to conquer it placing guards of soldiers about it to prevent those within from wasting the Country In the mean time the said Beda being taken and brought before the chief persons that were in the Isle and asked why he so boldly adventured himself told them that the King did promise that whosoever should first enter and do some notable exploit there to the danger of those that defended it let him ask what he would of any mans therein and he should obtain it which when they heard they commended his valour and kept him there with them for certain days using him with great respect Having therefore had this experience of their civilities and observed how secure the place was by reason of the fortifications there made as also the number and valour of the souldiers therein he professed that as he had often heard them reputed to be persons more expert in warr than others he now found it to be true and faithfully promised them upon liberty to go back to the King's camp that he would there relate as much which he accordingly did all being joyful to see him safe returnedâ— even the King himself for he was one of his most eminent souldiers unto whom he related the strength of the Isle and his own adventure and that those Earls before-mentioned were there with two noble men viz. Orgar and Thirchitell surnamed Childe but extolled Hereward not only beyond them all comparing him with the most famous Knights which he had seen through France the whole Roman Empire or Constantinople At which story the Earl Warren took no small offence not enduring to hear such a commendation of him that had slain his brother as hath been observed and suggested the King that the relator was bribed to make so partial a report But the King going on in making more enquiry of his particular observations there had this farther account from him That the Monks of this place â—earing to be subject to a soreiner in regard the King had designed to bring over such out of France to be chief in all Monasteries and Churches of England did entertain those persons there for their defence and thereupon fortified the said Isle affirming that they were much more willing to live by the labour of their hands than to be reduced to such a servitude And that the same Isle was not then at all burthened by those forcesâ— For quoth he they matter not the siege the Husbandman not neglecting his Plow nor the Hunter his sports neither doth the Fowler cease from his imployment concluding that they were securely dâ—fended by their own Souldiery Nay I shall tell you more saith he both what I know and saw This Isle it extraordinary fruitfull in all sorts of grasse there being no place in England that hath a more fertile turf Moreover it is compassed about with huge waters and Fenns as it were with a strong wall and aboundeth not only with domestique Cattell but with a multitude of wild beasts viz. Harts Does Goats and Hares both in the woods and neer the Fens as also Ermines Pole-Cats Weesels and the like Vermine which are taken with traps and other Engins in the winter time And of Fish and foul which there breed what shall I say At the Floud-gates upon the skirts of those waters what
and Pitchers all good earthen ware Whereupon being called into the King's Kitchen that they might buy some of his Pots there came in one of the Constables of the Town and looking upon him said that he never saw any man in favour of face and stature so like Hereward as a poor man might be like to a rich and a Country man to Souldier insomuch as divers came about him desiring to see a man like so much famed a person and thereupon brought him into the King's Hall amongst the Knights and Souldiâ—rs that they might behold him But some when they saw him said that a man of no greater limbs could not be of that valour and courage as Hereward was said to be Others asked him if he knew or had ever seen that wicked fellow scil Hereward To whom he answered I wish that he were now here amongst us he being the greatest Enemy that I have for he took a Cow and four sheep from me which were all the goods in the world that I had except my Pots and this Mare and the only livelyhood for my self and my two Sonns About this time the King's Dinner being making ready Hereward retired into the Kitchin and after Dinner the Servants Cooks and Grooms of the Kitchin gave him Wine and Beer that they might make him drunk and laugh at him scoffing at him diversly having a purpose to shave his Crown and pull off the hair of his beard and then to hoodwink him to the intent that he might break his own Pots which they had set about him But refusing to be thus abused one of them struck him whom he requited presently with a blow that knockt him down insomuch as the rest took up Tongs and other things to beat him which he discerning forthwith snatcht up a fire shovel and laying about him stoutly kill'd one and wounded divers of them Whereupon it being made known in the House they apprehended him and put him in ward and soon after the King being gone out to hunt one of his Keepers came and brought a naked Sword in one hand and a pair of Fetters in the other which he threatned to put upon him but Hereward being too nimble for him wrested the Sword out of his hold and slew him and so over hedges and ditches hasted to the King 's outer Court where he found his Mare and though some pursued him got safe away to Somersham wood where he hid himself till the Moon shone after midnight and then came into the Isle But whilst he was thus in the wood he chanced to meet with a person whose Horse was tired and himself too and demanding of him who he was he told him that he was one of the King's Servants that had pursued a man who had killed one of the Kitchin Boys and another that had the custody of him after he was apprehended for that fact and desired him that for the love of God and generosities sake he would discover to him whether he saw such a fellow or not whom he then described To whom he replyed Because thou requirest me to tell thee for the love of God and of generosity I will Know therefore that I am the man And now that thou maist be infallibly assured that I am so and that thou hast spoken with me take this thy Sword with thee for a testimony and leave thy lance with me All which he reported to the King who with those that were the present admired Hereward for an excellent Souldier The King therefore according to his former purpose having prepared divers warlike Instruments brought his whole Army to AElreheth now Audrey causing great store of wood and stone with divers sorts of fagots and such like materials to be carryed thither And summoned all the Fishermen in those parts with their Boats to meet at Cotingelade that they might transport thither whatsoever was brought and raise large hills and heaps on this side Alreheth whereupon to fight Amongst which Fishermen came Hereward himself also with a Boat using all shew of diligence and the same day before Sun setting having set fire on what was so brought and killed and drowned divers he made his escape away And to the end he might not be known he coloured his head and beard red neglecting no way to disguise himself which might further the doing of mischief to his adversaries whereof the King hearing commanded that if ever he could be taken he should be brought alive to him without any hurt But having warning by these losses the King caused more strict guards and watches day and night in every place and within seaven days raised four or five mounts of earth and other materialls in which they placed certain warlike Engines intending on the morrow with all their force to assault the Isle and that they might the better succeed therein set that old Witch before mentioned upon the highest place in the very midst of them that being so well guarded she might exercise her wicked Art Who being so got up made long speeches against the Isle and all those that were in it making signes and shews of their being vanquisht and allways at the end of each spell she turned up her bare buttocks towards the Isle Howbeit as she was beginning with her third spell there were those of the Isle that set fire on the Reedes growing in the Fen all thereabouts which by the help of the wind spread it self no less than two furlongs and making a horrible noise of crackling amongst the willows and such like Vegetables did so affright the assaylants that they hasted away as fast as they could but being troubled with the smoak could not tell which way to betake themselves insomuch as many were drowned the defendants having the advantage of the wind and smoak getting out of the Isle and shouring multitudes of arrows upon them And in this prodigious rout and confusion of the assaylants down tumbled the old witch from the place where she was set and broke her neck nay the King himself hardly escaped death there being an Arrow shot into his Target which he carried away with him to his Tent which so soon as his Souldiers saw they feared he had been wounded but he told them he was not at all hurt otherwise than by evill Counsel in being deceived and abused through the cunning of that wicked Sorceress expressing that all the mischief which had hapned did befall him deservedly in putting any trust in her devillish Art At that time it was that Raphe sirnamed Waer Earl of the East-Angles having privily got together a great strength inviting divers of the English to his wedding obliged them to his party deceitfully by an Oath and wasted the whole Country from Norwich to Thetford whereof the two Earles and all the rest of the chief persons who then were in this Isle having notice repaired to them leaving only Hereward with the Monks and his own Souldiers to defend this place Things standing therefore thus
was made the first Bishop here At that time for ought I can find there was not any other access into this Isle than by Ships or Boats this Bishop therefore being desiroâ—s to have a Causey through the Fenn as it should seem but doubting whether the Monks would think the work fesible at all or if so with any indifferent chardge so contrived the business that it was set upon without any fear of either and became accomplished accordingly The story may perhaps to some seem fabulous but take it from the Authority of the Leiger book of that Monastery There appeared in a vision unto a certain Countrey-man who dwelt at Exning in Suffolk S. Edmund the King and Martyr in honour of whole memory that famous Abby of S. Edmundsbury had been long before founded and awakening the man said thus to him Good man listen well unto what I shall say unto thee and what I appoint thee to do fail not with effect to accomplish Arise and go presently to the Bishop of Ely and tell him in my name that he must make a way whereby I may visit S. Audrey Who accordingly made haste to the Bishop and acquainted him with this his Vision and command the good Bishop therefore weeping for joy delayed not to make enquiry how this business might be done and finding that no man durst for what chardge soever undertake to accomplish it there stept out a certain Monk of that Abby called Iohn a soft man to all outward appearance who told the Bishop that he would by God's help perform the work Whereupon setting in hand therewith he began to measure the distance from Soham to Ely and to cut down the Reedes which stood in his way as also to make Bridges over the Rivers and so went on in raising of the said Causey which he perfected in a very short time to the wonder of all men that then saw it that Causey being still called Soham Causey Which place viz. Soham is also famous for two other things first for the great Meer that heretofore made the passage by Ships and Boats very dangerous to those who came into the Isle that way before the said Causey was made and next for that the body of Faelix Bishop of the East-Angles was translated from Domuc hither Which Bishop dyed almost a thousand years since To Hervaeus succeeded Nigel in that Bishoprick of whom I may not omit to observe that he discerning this Isle to be a place of such great security through the advantage of the Fen wherewith it is encompassed that joyning with Baldwine de Rivers in the Rebellion against King Stephan he made a strong Fort of lime and stone within the precinct thereof but that Fort being by the power of S. Audrey as mine Author saith often destroyed he built one of timber neer to his Engines of war and walled in the round hill called the Keep which was committed to his custody by Geffrey de Magnavill Earl of Essex and Richard de Clare Earl of Hertford whereof knowledge being given to certain great men of that Country they made a confederacy with him But the King having intelligence thereof sent his Army to assault it yet prevailed little therein till he himself came with his Ships and then having prepared a multitude of Hurdles made with them a passage for his Horse which when they within discerned they threw down their Armes and ran away but the Bishop escaped and got to Maud the Empress And as for the reasons before expressed this Isle hath been in those former times of trouble esteemed a place of such great security so was it afterwards upon the like occasion for after the death of Eustace Bishop of Ely which hapned about the latter end of King Iohn's time the Monks having elected one Robert a Yorkeshire man who not only took the profits of the Bishoprick for five years without any consecration but adhered unto Lewes Son to the King of France at that time in this Realm and the King's Enemy as our Historians do at large set forth King Henry the third fearing left he should receive the said Lewes into this Isle made a very great complaint thereof to the Pope whereby representing that danger he calls it optima munitio Regni the best Fort in all his Kingdome and therefore humbly besought the Pope that he would provide a better Pastor for this Church which he accordingly did Nor had it less account as it seems in 49o. of that King's reign for after the battail of Evesham wherein the Army of the rebellious Barons was vanquisht divers of those that fled betook themselves to this place amongst which Iohn de Eyvile and Robert de Wileby were the chief commanders Against whom I find that the King about two yeares after preparing an Army appointed his faithful subject Will. Charls to bring Barges and Souldiers from the Sea coasts of Norff. and Suffolk for the assaulting thereof this being the time that the King himself with some forces came privately to Ramsey neer which place he slew and took Prisoners divers of those his Rebels who had issued out of the said Isle and plundered the parts thereabouts But notwithstanding this they were not yet subdued for the next year after it appears that Henry de Hastings was the principal Officer and Governour of this Isle on the behalf of those Rebels And now having by these sundry remarkable instances shewed how vast and deep a Fenn this great Level antiently was my next endeavour shall be to declare what I have observed to have been done in order to the drayning and improvement thereof or any part of the same beginning where I left viz. on the Northside of it CAP. XLII ON the Southern part of this Province lyeth Deping fenn which is now at least ten miles in bredth Whereof the most antient mention that I have met is about the beginning of King Edward the Confessor's reign Egelric who had been a Monk of Peterborough but at that time Bishop of Durham then making a firm Causey of Wood gravel over it from Deping to Spalding for the advantage of passengers opus sumptuosum valdè primâ—que necessarium quod usque nunc semper in futurum quamdiu duraverit de factore Egelrico cognomen habet id est Elriche rode sayth Ingulphus A most costly work but of extraordinary necessity which now doth and as long as it shall last will bear his name At that time part of this Province was a Forest as well as a Fen and possest by Leofrike Earl of Mercia for he was then Lord of Brune and the Marshes adjoyning From which Leofrike it came to Hereward his younger Son of whom I have made ample mention in my discourse touching the Isle of Ely and by his Daughter and heir Turfrida unto Hugh de Evermiâ—e â— then Lord of Deping So also by the sole daughter and
in those Bridges and Ditches And they also said that the Town of Donyngton ought and had used to repair the Sewer of Scathegrafte Swyneman dam and Swane lade in bredth xvi foot and of such depth as that the water running to the river of Byker and so to the Sea were not hindred Which Sewer ought to be open from the first day of March until the feast of S. Martin in Winter and so likewise from the said feast of S. Martin until the first day of March except so great an inundation from the Sea should then happen as that the said Sewer would not be sufficient but that the Province of Holand would be drowned In case of which inundation that then it might be lawful for the said Town of Donyngton to stop those Sewers and presently upon the fall of the water to open them again Which said Sewers were then obstructed through the default of the said Town of Donyngton that ought to have scoured the same And the said Juros farther said that the Town of Byker ought to repair and clense the said Chanel from Bondstake to Quadring to the bredth of xxiiii foot and that the Town of Quadring with the Commoners belonging thereto ought to scoure and repair the said Chanel unto Gosbirkirk of the same bredth And that the Town of Gosberkirk ought to do the like from thence to the Sea to the intent that the fresh waters might not be hindered by the said Chanels and Sewers And they said that the stream of Byker was then obstructed from Bondstake to the Sea through the default of the towns of Donyngton and Quadring and the Commoners of Gosberkyrk who ought to have clensed the same And they said moreover that the Chanel of Byker where the Dam was ought to be open throughout the whole year but that it would be more expedient that the town of Byker for the particular commodity thereof and for the benefit of the whole Countrey should make a certain Clow with two Dores each of four foot in bredth which Clow to be always open excepting in the time of mighty floods from the Sea And they also said that the Gutters and Sewers in Quadryng were then obstructed by the town of Quadring and the Commoners thereof and that it ought to be in bredth xvi foot and of such depth that the current of the water might not be hindred as also that it ought to be clensed and repaired by the said town and the Commoners And that the Sewer of Gosberkyrk called Risgate Ees and the Sluse betwixt the Fen and the Sewer which ought to lye open all the year as Scathegrafte and Swanelade used to do were then stopped by the Abbot of Peterborough and town of Gosberkyrk and that the town of Gosberkyrk with the Commoners ought to clense repair and amend the said Sewer Gutters and Sluse in such places where it had antiently wont to be viz. through the midst of the Fen belonging to that Abby And they said likewise that the Sewer of the Beche which ought to be repaired and clensed by the towns of Gosberkyrk Hynsebek and Surflâ—te from the Fen unto Surflete and thence to the Sea was obstructed through the default of those Towns and that one Richard de Hodell had raised a Bank in the course of the said Sewer by which the passage of the water was hindred And they farther said that the Sewer of Brigefleet was obstructed by the Town of Hekyngton and that it ought to be clensed and repaired by that Town unto the river at Swynesheved the Chanel there being sufficient to carry the water down to Kyme mouth Ee where it was then stopt by Philip de Kyme to the great damage of the Country And that the Sewer called the Encluse neer Boston ought to run at all times of the year and that it was stopped every Winter by the men of Boston at the West end of the Bridge as also that it ought to be three foot in bredth And that it ought to be repaired and maintained at the VVest end of the said Bridge by the Inhabitants of Boston And they likewise presented that the Sewer called Hamondebek on the South side of Boston was also obstructed by the Inhabitants of that Town on the West part of the said Bridge and by the Inhabitants of Skyrbek And that it ought to be repaired clensed and maintained by the said Inhabitants of Boston and Skyrbek in consideration whereof the said men of Boston living at the West end of the said Bridge ought to common in the Marsh of the eight Hundreds and that the said Sewer ought to run at all times in the year And they said moreover that the men of the eight Hundreds ought to clense the Chanel of Swynesheved from Blalberdeboche unto the North part of Swinesheved Town and that the said Town of Swynesheved ought to scour the same Chanel from thence unto the stream of Byker And that the Towns of Iwardeby and Onsthorpe ought to repair and maintain the South side of the water which runneth from Happeltrenesse to Kyme and that it was then in decay through the neglect of the Prior of Haverholme who ought to repair a great part thereof and refused so to do And they farther said that Philip de Kyme who ought upon his own ground to repair a certain part of that side at the Wathe mouthe did fail in doing thereof and so through the default of the said Prior and Philip the whole Marsh of Kesteven and Holand was overflowen and drowned to the destruction of all those Countries And that the said Philip did divert the course of that water to the great prejudice of the Country and especially of the Prior of Kyme And they likewise said that the Prior of Haverholme ought to find a certain boat at the Bothe neer to the Wathe mouthe for to carry over foot-folk aswell by night as day whensoever any one should pass that way and that he did neglect so to do to the great damage of such people that had occasion to pass that way And they said that the said water was the publick passage for all the Kings liege people from Kesteven to the river of Wythum And they said moreover that the Chanel called the Old hee between the Marsh of Holand and the Marshes of Hekyngton and Kyme ought to be repaired and clensed by the men of the eight Hundreds of Holand on the East part and by Henry de Beaumont or the Lord of Hekyngton and Commoners of that Town And on the West part by Philip de Kyme from Blalberdebothe to the water of Kyme and that it was there obstructed by Philip de Kyme And they also said that the Town of great Hale with the Commoners there ought to repair and maintain a certain Causey from Gerwyk to Pyngelhyrne both for Foot and Horse-men And that the beforespecified Town of Hekyngton with Gerwyk ought to clense and repair the Chanel of Gerwyk unto the water of
the said Deping fen and thereby to adjudge and order aswel from his Majesty being Lord of the soil as from the Adventurers and others interessed therein such proportion of land as might sufficiently bear the chardge of the work And that because his Majesty intended to see that great work of the whole Levell prosecuted according to his first Princely design it being for the Countries good and his own service in such manner as might have just regard to the perfecting of the same with most publick and general advantage to the whole Fens he was farther pleased to declare himself the sole Adventurer aswell of this particular Fen called Deping fen as of the whole great Levell and that he would afterwards in ordering the same have a just respect unto such persons of Honour and others as had any former interest or engagement therein To conclude this Chapter I find by a Law of Sewers made at St. Ives the xvth of October 17 Caroli that the Commissioners therein reciting that whereas the Earl of Exeter had a third part of this Deping fen as also of Spalding and Pinchbek fens and of Gogsland belonging to Crouland by contract made with Captain Thomas Lovell for drayning of the said Fens which being not performed the said Fens did then remain drowned they then decreed that the said Fens should be surveyed by the appointment of Sir William Ayloff and Sir Anthony Thomas undertakers and six Commissioners of Holand and Kesteven and a moytie assigned to the said Sir William and Sir Anthony and their Heirs in recompence of their chardges for drayning thereof and two thirds of all the grounds surrounded lying in Spalding and Weston called Bellesmore being the grounds of Sir Francis Iones Knight and two parts of the grounds called Turpitts lying in Weston aforesaid and a fourth part of the ground called East fen lying in Moulton and in Quaplode and Holbeche the one half After which divers Gentlemen whose names are exprest in the Map here exhibited became Adventurers for the exsiccation thereof and in order thereto caused the River of Welland from Waldram Hall to Spalding and thence to the out-fall to be made wider and deeper The drayn called the Staker draine about xx foot in bredth for to ease the River of Glen together with Hill's drayne and Uernat's drayne they likewise made new and perfected Exeter drayne from Cubbet tunnell almost to the Sea Neer Spalding they also erected a great fluce and made all the partition dikes in such sort as the Map sheweth By which works the water was so well taken off that in Summer this whole Fen yielded great store of grasse and Hay and had been made winter ground in a short time but that the Countrey people taking advantage of the Confusions throughout the whole Kingdome which ensued soon after the Convention of the late long Parliament as is very well known possest themselves thereof so that the Banks and Sewers being neglected by the Adventurers it became again overflowed and so remaineth at this time CAP. XLIV HOw the greatest part of this Province was at first gained from the Sea I have already in the Chapter of this my discourse briefly manifested that therefore which now remaineth to be spoken in reference to it shall be touching the farther improvement thereof by drayning and banking and the support of what was done in that kind before Wherein I purpose to begin with Crouland made famous of old by S. Guthlake an holy Hermite who neer a thousand years since for devotions sake betook himself hither as to a place of the greatest solitude How terrible and hideouâ— the parts hereabouts then were considering the vastnesse of the Fen I need not to make farther relation having elswhere so fully discoursâ—d of them I shall now therefore briefly point at what is most memorable touching the same in order to my present purpose After the death of this pious man S. Guthlake Ethelbald then King of Mercia whose Confessor he had been discerning how renowned he grew for sundry Miracles sought out his Sepulture and having sent for a Monk of Evesham called Kenulph who was then eminent for his holy life as also consulted with him for the gathering of a Covent did in the year of Christ DCCxvi begin the foundation of a goodly Monastery in this place which he indowed with the whole Isle of Crouland bounded with these waters viz. Schepishee towards the East Nene towards the West South Ee on the South and Asendik to the North where the common Sewer then was betwixt Spalding and the said Isle Which tract of ground containeth four miles in length and three in bredth and whereunto belonged those large adjacent Fens opposite to the said Isle on the West part lying on each side the River of Weland that towards the North called Goggislond extending two miles in length from Crouland bridge to Asaph where the entrance into the Isle is and one mile in bredth viz. from the River of Weland on the South side thereof unto Apenholt on the North to the bank of the water The other part of that fen lying Southwards of the said stream of Weland containeth also two miles in length from Crouland bridge to Southlake neer the Chanel opposite to Aspath having two miles also in bredth viz. from the said River of Weland to Fynsâ—tt on the Verge of the River Nene which is on the South side of the same Fen. And because the ground whereon the King designed to erect this Abby was so moyst and Fenny that it could not of it self bear a building of stone he brought an infinite number of mighty piles made of Oak and Alder which he caused to be driven deep into the ground as also a great proportion of firm and hard earth digged nine miles thence and upon those he raised that structure that Oratory which S. Guthlake had there being only of Timber And now though I have already pointed at the extent of this Isle from the words of the before-specified Charter of King Ethelbald neverthelesse because I find it afterwards more exactly set forth by the confirmation of other Kings and that the knowledge of those places therein exprest may give a clearer light unto what I am to say of thâ—se Fenny parts I shall take notice of two other descriptions of the said boundaries that first whereof is by Bertulph King of Mercia in the year of Christ DCCCLi viz. from Aswicktost hirne to Tedwarthar the water of Schâ—pishâ—e having the said Isle on the West part and the fen of Cappelade on the East And from Tedwarthar to Namans land hirne the water of the South Ee bounds it having the same Isle on the North thereof and the wood of Ancarig id est Thorney on the South And from Namans land hirne to Crouland bridge the River of Nene is the limit thereof having the said Isle on the East part and the Fen called Alderlound on the West And from
Crouland bridge to Wodelademouth the River of Weland is the fence thereto having the before-specified Isle on the East part of itâ— and the Fen called Goggeslound on the West And from Wodelademouth to the common Sewer of Asendik the said River of Weland is the limit thereof having the said Isle on the South part and Spaâ—ding fen on the North. And from the said Sewer to Aswiktost doth the water of Asendik bound it having the same Isle on the South parâ— and the Fens of Spalding Weston and Multon on the North. Moreover of the Fens lying opposite to the said Isle on the West side these were then the limits viz. from Namans land hirne to Finset thence to Groines thence to Folwardstaking thence Northwards to the stream of Weland where South lake enters thereinto and so passing over the said River of Weland and ascending to Aspath thence Northwards to Werwerlake and so by Harinholt to Mengarlake thence to Oggot otherwise called Dedmans lake and so by Apinholt and Wodelake Eastwards to Wodelademouth which is the boundary of the Isle on that side towards the North as Namans land hirne is towards the South Howbeit the Common of Pasture for Cattel extendeth farther than the before-specified bounds of those Fens Southwards even to the lands belonging to the Monks of Medeshamsted now Peterborough and towards the West of the Lands of the Monks of S. Pega now Peakirke in the South fens of Weland and in the North fens towards the West to the Town of Deping â— Northwards to Spaldeling The other boundary is by Edred King of great Britaine thus described in the year of Christs Incarnation DCCCCxlviij viz. from the triangular Bridge at Crouland by the River of Weland towards Spalding unto Asâ—ndike where Asendik falleth into the River of UUeland on the North part of a certain Crosse of stone there erected by Abbot Turketill and so upwards to the East by Asendick to Aswicktost Thence to Shepishee on the East side of the same Isle and so to Tedwarthar and there entring South Ee to Naman land hirne where the said Abbot Turketill set up another Crosse of stone six perches distant from South Ee the division of the Counties of Lincolne and Cambridge being in that water and the said Crosse being distant from the River of Nene five perches VVestwards And so along the said River of Nene as it runneth to the before-specified Bridge at Crouland VVhereunto belonged likewise the several fishing aswell in all the waters invironing the said Isle as in the Pools and Fens within the Precincts thereof together with the Marshes and woods of Alderlound situate VVestwards and opposite thereto all which were annexed to the County of Lincolne according to these subsequent boundaries viz. from Naman land hirne by the River of Nene westwards to Finset where there is a Cross of stone set up near the River Thence to Grinis thence to Folwardstaking and thence to Southlake where it falleth into Weland And so passing over the said River of Weland and beginning at Kenulphston near the stream over against Southlake where Kenulph the first Abbot of this Monastery fixed a Crosse of stone for the limit betwixt Crouland and Deping And thence tending Northwards near Aspath unto Werwarlake and so to Harinholt and then up by Mengarlake and Lurtlake where the bounds of Holand and Kestevene are Thence to Oggot and so to Apinholt otherwise called Wodelade where the same UUodelade falleth into UUeland VVhich ample possessions though they yielded not much profit in regard so great a quantity of them lay then for the most part under water yet can it not be denyed but that upon the invasion of those Pagan Danes in the time of Beorred King of Mercia they hapned to be their chiefest refuge the lives of most of the Monks of this Abby being then secured by means of these spacious Fenns in the reeds and thickets whereof they hid themselves to avoid the cruelties of those barbarous people whilst the rest of their Covent were murthered and the Abby burnt VVhich Monks so preserved and after that woful masacre returning again contented themselvs with such habitations as the ruines there left would afford them Nor had they better untill the time of King Edred that Turketill then his Chancellour taking to heart those their sufferings procured that King to rebuild it and not only so but out of his singular devotion to God and affection to this place giving six goodly Mannours thereto and causing himself to be shorn a Monk became afterwards Abbot there Whereupon through the munificence of that good King and the bounty of the said Turketill being thus restored to it 's former splendor there was no good means unattempted that might conduce to the bettering and improving of the lands thereto belonging for the most advantage as may seem by those endeavors of Abbot Egelric in the times of King Edward the elder and King Edgar who plowed up a large proportion of them for Corn which could not have been done without the help of drayning I presume for saith Ingulphus Fecit etiam in annis sicciatis culturam in suis paludibus c. In dry years he tilled the Fens in four places at the four corners of them and for three or four of years had the increase of an hundred fold of what seed soever he sowed Amongst which that Fen at Tedwarthar was the most fruitfull the Monastery being so much enricht by these plentifull crops that the whole Country thereabouts was supplyed therewith and a multitude of poor people resorting thither for that respect Crouland became a large Town The same Ingulphus who was Abbot here in the Norman Conquerers time saith that in his days they had not any such Tenants residing here at Crouland as upon their other Lands no man delighting to inhabit here any longer than he was necessitated so to do insomuch as those who in time of warr betook themselves hither for security as great numbers of rich and poor from the neighbouring Countries did afterwards returned back to their particular homes none continuing here but their own domestique family with their wives and childrenâ— to whom he did let to ferm a great proportion of the Marshes and Meadows belonging to this Abby for certain annual Rents and other services For without Boats there was not then any accesse thereto there being no path farther than to the gate of the Monastery But notwithstanding that the lands and possessions of this Abby were through the great bounty of several Kings and others given thereto with divers ample privileges and immunities and not only so but with fearful curses pronounc'd by those pious Donours against such as should violate any of their grants neverthelesse it appears that the Inhabitants of Holand bordering on the North-side of Crouland having drayned their own Marshes and converted them to good and fertile arable land whereof each Town had their proper portion wanting
thrown down in divers places as it was very lawfull for him to do and that he did not cast down any Causey else therefore both himself and his Covent were dischardged of the before-mentioned presentment In 40 E. 3. the Jurors for divers Hundreds presented before Gilbert d'Umfravill Earl of Anegos and his fellow Justices for the Gaol delivery then sitting at Lincolne that the Town of Spalding ought to scour and repair a certain running River called Weland from the house of William atte Touneshende of Spalding unto a place called Brother house which they had not done and that by reason thereof great damage did accrue to the Kings Liege people Whereupon the Shireeve had command to summon the Inhabitants of Spalding to answer this chardge VVho made their appearance accordingly by Iohn de Kirketon their Attorney and said that the River mentioned in that presentment then was and long had been an arm of the Sea whereinto the tides did eb and flow twice in xxiiij hours and therefore that they ought not of right to clense and repair it nor ever had done and desired that the Country might enquire thereof VVhereupon a Jury was summoned In 11 H. 6. there was an Agreement made betwixt the Monks of Crouland and Spaldyng and Sir Will. Bonevile Kt. and Elizabeth his wife by Indenture tripartite touching the making and repair of divers Banks in Crouland aforesaid whereof one extended it self from a certain place called Dovedale clote unto Crouland brigg and another from the said bridge to a place called Brotherhouse and the third called Wynter dyke in Crouland aforesaid within the Precincts of South Ee Nene and Weland the Monks of Spaldyng and Sir William Bonevill with Elizabeth his wife alleging that the Abbot of Crouland and his Predecessors had time out of mind used to repair and maintain the same and the said Abbot utterly denyed it The tenor of which Agreement was as followeth viz. that whereas there were certain Banks in Crouland aforesaid in a certain place called the Purceynt betwixt Brotherhouse and a bank called Quapelodes dyke begun to be made in two parcels by Richard late Abbot of Crouland Predecessor to Iohn the then Abbot he the said Iohn and his successors should within three years next ensuing that Agreement support and repair them and where need should require raise them higher And moreover that within the compasse of those three years he should make a new bank betwixt those other two so as they meeting all in one and being of sufficient height might extend as one bank from the said place called Brotherhouse to Quapelodsyd dyke without any breach gutter or trench and be a sufficient defence against all the flouds of water within that compasse that might happen on the South side thereof which bank to be also made so high as that the said flouds should not overflow it nor burthen break or overflow a certain bank called Lode dyke belonging to the Prior of Spalding and to the said Sir William and Elizabeth and others nor overflow the lands of the said Sir William and Elizabeth lying in the Towns of Weston Multon provided that such flouds which might so happen were not through extraordinary tempests and rain much greater than usual And that the said Abbot and his successors should repair and maintain the before-specified Bank so to be made as aforesaid from Brotherhouse to Quapelodesyd dyke well and sufficiently in every part for the term of fourty years then next ensuing the date of that Agreement And moreover that the same Abbot and his successors should from the Feast of All Saints then next ensuing well and sufficiently repair and maintain the said two banks whereof one did extend it self from Dovedale Clote before-specified unto the before-specified bridge at Crouland and the other from thence to Brotherhouse untill the said Bank from Brotherhouse to Quapelodesyd dyke should be sufficiently perfected so that the usual flouds and overflowings of the waters of South Ee Nene and Weland aforesaid might not in the mean time do any hurt to the said bank called Lodyke or drown the lands in Weston and Multon before-specified provided that such flouds were not much greater than usuall through excessive tempests and rain And the said Prior of Spalding with his Covent did then grant and agree that the before-mentioned Abbot of Crouland and his successors should have power and authority to dig and take within the soil of him the said Prior and his successors in Spalding sen nearest to the said place called Brotherhouse so much earth sand and clay for the making and repair of the said bank thus begun and to be new raised as an hundred Boats could carry upon the River of Weland each boat containing six Cart loads Which Agreement being so made betwixt the parties abovesaid by the special mediation of Sir Iohn Iuyn Knight then chief Baron of the Exchequer and one of the Justices of the Court of Common Pleas and Iohn Cotesmore another of the Justices of that Court beareth date upon the Thursday next after the Feast of S. Michael the Arch-angel in the year before-specified After this viz. in 17 H. 6. upon a Session of Sewers held at Waynflete upon Saturday next after the feast of S. Michael the Arch-angel before Richard Haghe and Iohn Langholme there was a Presentment exhibited against the Abbot and Covent of Crouland â—hardging him that he and his Predecessors time out of mind had repaired and so ought to do a certain bank in Crouland extending it self from Brotherhouse unto a place called the Clote and thence to the triangular Bridge in that Town and so unto Dovedale Clote in Crouland and that the same was not repaired to the great damage of the Country And that the said Abbot and Covent and their Predecessors had likewise used to repair another bank in Crouland called Sharpesdyke within a certain marsh there called the Purcâ—yuâ— which bank extended from Brotherhouse to a place called Plantefeld in Thorney And moreover that there was a certain bank in Crouland called UUynterdyke within the said marsh called the Purceynt which did reach from the Clote unto the side of the Abby of Crouland and was then in decay through the default of the same Abbot And also that there was another bank lying within the Purceynt before-mentioned on the West side of Shepes Ee extending it â—elf from Dovedale cloâ—e near the division betwixt Multon and UUhappelode which bank ought likewise to have been repaired by the said Abbot as it had been by his said Predecessors time beyond memory And lastly that the said Abbot and his Predecessors had usually repaired another bank in Crouland called Moredyke lying also within the said Marsh called the Purceynt which bank did reach from Shepes Ee to Asendyke and was then defective Whereupon the Shireeve of this County had command to summon the said Abbot to appear at Alford upon the Friday next after the Feast of S. Michael
said Marsh to Surflet on one side by the Town of Pynchebec and on the other by the Town of Gosberchirche and thence to the Sea by the Town of Surflet and that it ought to run at all times of the year except in such great inundations as aforesaid And they said that the River of Surflet into which the Beche did descend ought to be in widenesse xvi foot and that it was then so straightned by the men of Surflet and raised to such an height that the water of Beche could not have it's current to the Sea as formerly And they said also that Hachelode was a common Sewer and ought to run at such times is Scathegarst did and that it was obstructed in the time of Prior William Predecessor of the then Prior of Spalding and did then so continue And that it ought at it's entrance from the Marsh to be one foot wide and as much in depth but lower to be six foot in bredth as far as the Sea and repaired by the Town of Pinchebec till it came to the Sea Likewise that Bastone Ee ought to be repaired by the Towns of Bastone Turleby Obbesthorpe and Wynelisthorpe from Katebrigge to Escote by raising of the Banks and clensing on each part by the Towns of Pynchebec and Escote unto Surflete and by the Town of Surflete to the Sea which Banks did at that time want much repair and raising higher Also that Brunne Ee Tolhou and Blakekyrk ought to be repaired raised and scoured by the town of Brunne from Brunne to Goderamescote on the North side and on the South to Merehirne from which places viz. Goderamescote and Merehirne the Town of Pyncebek ought to repair it unto Surflete and the said Town of Surflete from thence to the Sea for default of which repair great damage was then sustained Also that the Sewer of Briggeflecter was then obstructed by the Town of Helytone and that it ought to be repaired clensed and maintained by that Town to the River of Swynesheved whence that River was sufficient for conveyance thereof to Kyme mouth where it was then obstructed by Philip de Kime to the great damage of the Country And that the Sewer of Enclouse neer Boston â— ought to run all the year long but was stopped every winter by the Inhabitants of Boston on the West part of the Bridge there and that it ought to be three foot in bredth Also that the Sewer of Long drove was then in good repair and ought to be maintained by the Town of Pinchebek And they said moreover that Bollesgate in Multon was a common Sewer but then stopped and the Gutter called Gote carried away by the Inhabitants of that Town It was therefore decreed that the said Causey and Ditches should be repaired and made anew at the chardges of the before-specified Town of Donyngtone the said Prior to be chardged according to his proportion as aforesaid And as to those Sewers of Scathegast Swynemandant and Swanelode that they should be oâ—ened and repaired to the said River of Byker in bredth xvi foot and of such a depth as that the current of the water passing through them might not be hindred and all this to be done at the chardge of that Town And that the said River be repaired by the Town of Byker and made of such a depth as that the water of the before-specified Sewers might passe away And that the Sewer of Quadringe and the Gutter belonging thereto be cleared and repaired as formerly it had wont to be and of the same bredth and depth at the chardges of the said Town and the said Town to be amerc'd And that the Sewer of Rysgate which had been obstructed by the said Ranulph should be opened at this chardge and he to be amerc'd And that the said Towns of Gosbercherche and Rysgate should thenceforth be distrained to the repair and maintenance of the same Sewer in form aforesaid and to the making anew of the Sluse there to the bredth of six foot as abovesaid And as to the current of New Ee gate Gilbert de Sutton Steward to the said Abbot of Peterborough and Iohn de Trikyngham a Monk of that house were appointed to give notice to the said Abbot that he might appear before the above-specified Adam and William at Westminster upon Wednesday next after the xv of S. Iohn Baptist. And that the Sewer of Beche should be opened and repaired so that it might have the like depth and bredth and run throughout the whole year as it had used to do at the chardge of the Towns of Gosberchirche Pyncebec and Surflete as aforesaid And that the River of Surflet into which the Beche falleth to be widened and deepned so as it might be xvi foot in bredth and so deep as that the water might have it's course therein as formerly and to be done at the chardge of the same Town of Surflete And that the Sewer of Hachelode should likewise be clensed and run throughout the whole year and at it's entrance from the Marsh to be one foot in bredth and as much in depth but lower towards the Sea six foot in bredth and to be repaired at the chardges of the said Town of Pynchebec which ought to maintain the same As also that Baston Ee be repaired clensed and raised in the Banks and otherwise as it â—ad wont to be at the chardge of the Towns of Baston Turleby Obthorpe and Wyvelesthorpe Likewise that Brunne Ee Tolhou and Blakekirk be repaired clensed and maintainâ—d by the Towns of Brâ—nne Pyncebek and Surflâ—t in form aforâ—sâ—id and at their chardges And that the Sewer of Buggeflet â— which was obstructed by the town of Hokyntone be opened at the chardge of that town and the said town to be amerc'd And that the Sewer which was stoppâ—d up at Kymâ— mouthe by Philip de Kyme be opened at the costs of the same Philip and he to be amâ—rc'd And that the Sewer called the Encluse neer Boston be opened every Winter by the said Town on the West side of the Bridge and the said Town amerc'd And lastly that the Sewer of Bollesgate and Molton which was obstructed by that Town be also opened at the chardge thereof and the said Town amerc'd In the same year Will. de Shaddeworth and Hugh de Walecote were constituted Commissionâ—rs to view the Banks Ditches and Sewers in this Province and to take order for their repair The like Commission in 28 E. 1. had Will. Haward and Thomas de Burnham So also in 33 E. 1. had Robert de Hakebeche Raphe de Littylbury and Giles de Barentone And in King Edward the Second's reign there issued out very many Commissions to the same purpose viz. in 4 E. 2. to Thomas de Newmarch Alan dâ— Ratheby Richard de Haddele and Gilbert Remband for the view and repair of those in the Wapentake of Kirton In 6 E. 2. to W. de Friskeney R. de Cubbledyke I. de
Stikeneie and A. de Cubledyk for those in the Wapentakes of Kirketone and Skirbeche and the parts adjacent In 7 E. 2. to Roger de Cubeldyk Laurence de Holebeche and Walter de Freskeneye for those only upon the Sea coast in this Province The like in 8 E. 2. to the said Roger Laurence and William de Farforde In 9 E. 2. upon an Inquisition taken at Boston before Edmund Deincourt Lambert de Trikingham Roger de Copildik and Robert de Malbirthorp then Justices of Sewers upon Tuesday next after the Feast of the Exaltation of the Holy Cross it was found that the Town of Donington ought to repair and maintain the Causey of Holand with Bridges and Ditches on each side thereof viz. from the said Town of Donington unto the new Ditch and from the said Ditch unto the Chapel of S. Saviours the Prior of S. Saviours ought to do the like And it was likewise found that the said Town of Donington ought to repair the Sewers of Scoftgraft Swinemandam and Swanislad to the bredth of xvi foot and of such depth that the current of the water should not be hindred unto the River of Biker which leadeth to the Sea and that they ought to be open from the first day of March untill the Feast of S. Martin in Winter and likewisâ— from the Feast of S. Martin untill the first day of March unlesse so great an inundation of the Sea-water should happen at that time that the Sewers would not suffice to carry it away but that the Country of Holand would be ovâ—rflowed and in case of such flouds that tâ—e town of Donington might stop tâ—ose Sewers and upon the fall of the waterâ— opâ—n them again And it was found that the said Sewers were then stopt for waâ—t of clensing by the said Town of Donington And it was â—urâ—â—er found that the said town of Biker ougâ—t to repair and clense the said River of Biker unto Bondistac and from Bandistac to Quadring the said town of Donington to do the like to the bredth of xxiiij foot And that the town of Quadring with the Commoners thereof ought to scour and repair the same River unto Gosberchirch to the same bredth and the town of Gosberchirch to do the like according to the same bredth unto the Sea so that the fresh waters might not be hindred by the said Rivers and Sewers And it was also found that the River of Biker was then obstructed from Bondistake unto the Sea through the default of clensing it by the town of Donington and Quadring and the Commoners of Gosberchirch And that the said River of Biker where the Dam was ought to have been open all times of the year but that it would be more proper that the said town of Biker for their own benefit and commodity of the whole Country should make a certain Clow with two dores each of them four foot in bredth which Clow to be always open unlesse a great inundation of the Sâ—a should happen And it was moreover found that the Sewers and Gutters of Quadring being then obstructed by the town of Quadring and the Commoners thereof ought to be xvi foot in bredth and of such depth that the course of the water might not be hindred and repaired and clensed by the said town and Commoners And that the Sewer of Gosverchirche called Risgate and the Sluce betwixt the Fen and it which ought to be open throughout the whole year as Scatisgraft and Swannislade used to be were obstructed by the Abbot of Peterborough and the town of Gosberchirche and that the town of Gosberchirche with the Commoners thereof ought to clense repair and new make the said Sewer and Gutter called New gote and the Sluse whereby the water did antiently passe directly through the midst of the said Abbots marsh And it was likewise found that the Sewer of the Beche which ought to be scoured and clensed by the towns of Gosberchirch Surflet and Pinchebec from the Fen to Surflet and from Surflet to the Sea was then obstructed tthrough the default of those towns and that one Richard de Heddil had raised a Dam in the said Sewer whereby the course of the water was hindred And it was also found that the Sewer of Briggeflet was then obstructed by the town of Hekyngham and that it ought to be amended by the said town unto the River of Swinesheved and that there the River was sufficient to carry away the water unto Kyme mouth which was at that time stopped by Philip de Kime to the great damage of the whole Country And that the Sewer called the Encluse neer Boston ought to run for the space of the whole year but was then obstructed in the Winter season by the Inhabitants of Boston on the West part of the Bridge and that it ought to be three foot in bredth and repaired by the town of Boston on the West part of the Bridge Likewise tâ—at the Sewer called Hamundbek on the South end of Boston was then also obstructed by the Inhabitants of that town on the West part of the Bridge and the Inhabitants of Skirbâ—k and that it ought to be repaired by the said men of Boston to inhabiting on the West of the Bridge and the mâ—n of Skirbek and for that reason all the said Inhabâ—tants residing on that West side of the Bridge ought to Common in the Eight hundred fâ—n and that this Sewer ought to run by the space of the whole year And that the Inhaâ—itants of the Eight Hundreds ought to clense the River of Swynesheved from Balberdesbothe unto the North end of Swynesheved town and the town of Swynesheved to do the like from the said place unto the River of Biker And moreover that the towns of Iwardebi and Ousthorp ought to repair and maintain the South side of the wâ—ter called Apiltrenesse unto Kime and that it was then in decay through the default of the Prior of Haverholme who ought to repair a great part thereof and did refuse so to do And that Philip de Kime who ought of right to repair a certain portion of the side at Watemouthe did not do it insomuch as through the default of the same Prior and of the said Philip de Kime the whole Fen of Kâ—steven in Hoiland was overflowed and drowned to the damage of all those Countries And it was likewise found that the said Philip ought to repair that current of the before-specified water and did neglect so to do to the great damage of the Country and especially of the Priory of Kime And also that the Prior of Haverholme ought to provide a certain Boat at the Bothe neer Watemouth to transport foot-folks over that water aswell by night as day so often as any man should have occasion to passe that way and that he did not do it to the great damage of passengers travailing there And that the said water was the common passage from Kesteven unto the River of
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
had promoted a Bill in the Parliament then sitting wherein it was alleged that the course of the said River ought not to be made narrower under pretence that if it should not only the Port of the said Town of Lenne would be destroyed but the Counties of Cambridge Huntendon Northampton Bedford Buckingham Leycester UUarwick Derby and Suffolk would sustain much damage thereby and that the said Bill was maliciously made and without reason as it might be justly proved in case the said King would condescend that the Justices put in Authority for the preservation of the said Country would do their duty therein and proceed according to the Law and Custome of the Country considering the sudden mischief and destruction which might happen by one hours neglect the whole Country being in danger of irrecoverable drowning desiring that the said Justices might not be superseded but that they might proceed to reduce the same River into it's antient bounds and in such sort as it was before the boysterous flouds had carryed away the before-specified Banks and the Country so surrounded In 37 E. 3. Sir Saier de Rocheford Sir Robert de Causton Sir Hugh Lovet and Sir Raphe Rocheford Knights Thomas atte Lathe and others were appointed to view and repair the Banks Ditches and Sewers betwixt the Rivers of Wellestreme Wysebeche Welle and Wigenhale in this Province of Mershland with direction to proceed therein according to the Law and Custome of this Realm The like Commission had Rob. de Ufford Earl of Suffolk Robert de Thorpe and Iohn Knyvet for those Banks c. betwixt Lenne and Wygenhale So also in 51 E. 3. had Robert Howard Iohn Colevyle Raphe de Rocheford and others for all the Banks c. throughout this whole Province And in 1 R. 2. Roger Scales Robert Howard Iohn Colevill Raphe de Rocheford Reginald Hakebeche William de Petworth Clerk Hugh de Gandeby Clerk Iohn de Rochefort Iohn Mareschall and William Newehous It seems that there was nothing done upon that Petition exhibited to King Edward the third by the Inhabitants of Wygenhale and the other Towns therein mentioned for reducing the River into its antient bounds for I find that in 2 R. 2. they presented another to the then King importing the same in effect as the other did adding that the said water by reason of its extraordinary bredth after the Banks on the one side thereof were worn away had so great a power upon the Bank on the other side that all the Towns in those parts were frequently overflowed and the chardge in maintaining of the said Bank grown so great that they were not able longer to support it so that their Country was in much danger to be totally destroyed in case some fit remedie were not speedily used The said King therefore by the advice and assent of his Prelates and Nobles then assembled in Parliament constituted William de Ufford Earl of Suffolk Robert de Wilughby William de Wychingham and Iohn de Hawe his Justices to take view of those Banks and to enquire what remedy might be had therein whether by reducing the said stream into a narrower compasse or otherwise and if by making the course thereof narrower thenin what place to make new Banks for that purpose and in what manner and likewise to enquire through whose default those losses had thus hapned and who did hold any Lands Tenements Common of Pasture or Fishing in those parts or that had safeguard and benefit or losse or might any ways have either by the said stream aswell those that inhabited at a distance as those that lived neer unto it and to distrain them for the repair thereof according to the proportion of their Lands to be new measured by Acres if need were or by Carucates or quantity of Common of Pasture and Fishing By virtue of which Commission the Shireeve was required to impanell a Jury to enquire c. Which he did accordingly and attended the said Justices at Wigenhale on Saturday next after the Feast of the Apostles Peter and Paul where being sworn they presented as followeth viz. that the Banks on each side the before-specified River running up from the main Sea into the Countrey through the midst of the Towns of Clenchwarton Tilney Islington Wigenhall Watlington and Roungeton-Holme and farther even to Pokediche were through the extraordinary raging of the Sea so miserably broken and torn that the greater part of the Lands and Tenements in South Lenne Hardwick UUestwinche Secchithe magna and Secchithe parva was overflowed and destroyed And that there was no other remedy for the safeguard of those Towns and the parts adjacent against the fore-mentioned dangers but only the reducing of the said River within narrower bounds and other means following And they said that such a restraint thereof might well and conveniently be done for the safeguard before-mentioned in a certain place called Larkes hirne in South Lynne in this manner viz. that whereas the same River did in that place then contain in it self xl perches in bredth every perch being reckoned at xvi foot it ought of necessity to be restrained in that place on both sides for the safety of those Towns xxxiiij perches every perch being of the length abovesaid so that the bredth of the Chanel of the same River should be reduced to six perches And thence on the East side of the same River that a new Bank should be made directly to a certain other River called Secchithe and so to the House of the Friers Carmelites of South Lenne which River of Secchithe was then five perches wide as they presented but ought to be reduced to the bredth of one perch accounting the said perch at xvi foot long as aforesaid And they said that if such restraint of that River before-mentioned and a new Bank were not made all the Banks on each side the said stream betwixt the Town of Lynne and Pokediche would be totally ruined and consequently the said Country wholly destroyed And that all such straightning of the said Rivers ought to be made by the Land-holders in Clenchwarton Tylney Islington and Wigenhale and that for the same defence to be performed in form aforesaid they ought every one of them to give their assistance according to what each man held provided always that no Tenant or Commoner upon a certain place called Tylney Smethe and on another place called Marshland fenne should by reason of any Commodity had in either of those places contribute any thing thereto And they likewise said that all the owners of land from Larkyshyrne to the common way which leadeth from the Bridge at Wigenhale S. Germans unto the Bridge at Secchithe magna and from Hardwick house directly Southwards to the said Bridge at Secchithe in length and from Greâ—nediche which joyneth upon Hardwick dam Northwards and Gerys dam Southwards and from UUest Wynchegreene which joyneth upon Gerys dam Northwards in a place where
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
chardges of the said Country of Marshland as oft and when need shall require the South end whereof is in defect for lack of height yet not very needfull to be exalted and made because the Hundred is sufficiently defended by a certain Bank of the Old Pow dich which extendeth from the South end of the Thwart lane aforesaid unto the River or Sewer of Welle and from thence on the West side of the said River unto the beginning of Emneth Sea-dyke at Boxsted stile which Bank of the Old Pow dich we find necessary to be new agisted that every person may have equal chardge accordingly as they now use 8 Item they say and find that all the Lands and Tenements c. in the said Hundred on the West side of the said great River and a certain field called Hawsted are defended and saved from surrounding by a certain Bank called Broken dich or Old fen dich situate in the Town of Elme in the County of Cambridge extending from a certain place at Emneth called Mill dam unto another place called Hichcock's dam which Bank for the better security of Marshland would be exalted from the corner next the Mansion house of Robert Blewick in Emneth unto Hichcocks dam one foot at the least and more where necessity should be so that the same shall be a just Levell and in bredth in the top twelve foot and by the common chardges of all the Lands and Tenements within the Salvation aforesaid 9 Item that two Pipes are laid throughout the said Bank for the drayning of certain lands on the South side of the said Bank which are to the surrounding of Marshland and the Commons of the same and ought to be fordone and broken up for that they are to the great prejudice of Marshland 10 Item they say and find that where in the first year of Henry the sixth a Decree was made before the Commissioners of Sewers then aswell for the Salvation of certain Fields called Plawfield Budbeche field Kirkfield and Sandyfield in Upwell and Outwell as also for the perfect saving and sewing of the Lands and Tenements within the salvation of the New Powdich then to be erected and on the South side of the Old Pow diche aforesaid that there should be two Gotes made under the River in Welle for the drayning of the said fields which Gotes through the insufficiency of the Sewer called Rightforth lode extending to the great River have oft overflown and surrounded and almost every winter do overflow divers Lands Tenements and Commons in UUelle and Stow-Bardolf and much damnifie the Old Powdich to the great and inestimable hurt of the Lands Tenements and Commons within the Salvation aforesaid Wherefore it was decreed by certain Commissioners that if the Lands and Tenements that way drayning do not sufficiently keep the said Sewer that the water be kept within the Bay so that the Lands within the Salvation of the said New Powdich may drayn into and by the said Sewer that then it shall bâ— lawfull to the Inhabitants of Marshland to stop up their said Gotes 11 Which Decree for that it is profitable for the said Hundred and for all other the premisses within the Salvation of the said Nâ—w Powdich we find that it is reasonable that it be ratified by the authority of this Commission of Sewers And further that it shall not be lawfull for any man to open the said Gotes or Gote before the water be fallen within the Bay so that all the premisses within the said Salvation of the said New Powdich may drayn and be sewed which lye on the South side of the Old Powdich upon pain to lose and forfeit for every such offence xl. to be levyed by any of the Dike-Reeves of Marshland or by so many of them as the said Country shall assign of the goods of every person or persons which shall open the same or their procurers or any of them towards and for the stopping of the said Gotes to the scouring of the said Sewer and to be bestowed upon the said Old Pow dich in equal proportions 12 Item they say that neither the Lord nor no Commoner shall feed any Beasts upon the said New Pow dich besides Sheep nor make any drift with Beasts upon the said Bank for inestimable hurt that may there be done upon pain of a peny for every load so driven or under the custody will or default of any keeper of any to be paid to the Dike-Reeves of the same Bank as oft as such offence is And that the Beasts there found feeding or driveÌ„ in maÌ„ner aforesaid except such as are excepted by the said Dyke-Reeves shall be distrained impounded and in pound to be kept while the owners of them shall pay the mony forfeited which shall be imployed upon the amendment of the said Bank so hurt by the drift of the said Beasts as appeareth by the Decree made then 13 Item they say and find that all the Lands c. on the South side of the said Old Pow dich and all other Lands in Welle on the West side of the River leading from Mill dam to Welle Church are saved from surrounding and do take great benefit by the New Pow diche aforesaid and therefore ought to be charged between the Priory of Mullycourt and Salters lode for their portion and profit thereby taking but are not whereby the Queens Majesties possessions and other possessions of the Country of Marshland are very much surcharged 14 Item they say that the Inhabitants of Marshland or any other that shall come to the said New Pow dich for the menuring making or repairing of the same or oversight thereof with their Carriages Horses or other things for the defence thereof ought not to be distrained or otherwise troubled by the Lords of the Fee oâ— their Ministers but that they may return in the ways meetest for them without amerciament or punishment and that way of punishment is reserved to the Lords of the Fee but Wayf Stray punishment for bloud-draught and for Hue and Cry and for taking of menure on the North side of the said Bank within fourty foot of the foot of the same Bank 15 And they say and find that the said Dyke or Bank is in defect for lack of height or bredth between the Priory of Mullycourt and North delf house in divers places of necessity defended viz. in the supposed charges of Emneth xi foot of Terington xxiij Rods of Walsoken viij Rods and a half of West-walton x Rods of Walpole xli Rods of Tylney xij Rods of Wigenhall iij Rods and xv Rods against the decayed messuage of North delf which ought to be kept by the said messuage-land to it belonging in widenesse and height equal to the said New Pow dich And from Northdelf to Salters lode in the like supposed charges of Enmeth iij Rode Walsoken xxii Walton xxxvi Walpole Lxx Teringtone Lxij West-Lynne vi Clenchwarton xvi Tylney xli Wigenhall Lx beâ—ides a certain other part likewise supposed
lode and that in consideration thereof the said Land-holders should pay to the Inhabitants of Marshland Cl. And on the xxvi of the same month it was farther decreed that all the rinde Banks within this Country of Marshland towards the Sea should be of the height and scantling hereafter expressed viz. in Terington Walpole West Walton and Emneth in height eight foot above the ordinary Marshtides and in bredth on the top ten foot And that the residue of the rinde Banks in Islington Tilney West Lynne North-Lynne and Clenchwarton to be of such height and bredth as the Dyke-Reeves should think fit As also that Register Books of Parchment be made by the Dyke-reeves in every Town containing the number of Acres of their Lands with the quantity of their Banks Walls VVood-shores and other defences which every of the said Towns are charged to make either to the Sea or otherwise And that whereas the Towns of Terington Tilney and Clenchwarton had In-dikes for their defence against the Salt water in case any sudden breach of the Sea-bank should happen it was decreed that the said In-dikes should be carefully maintained and repaired by those Dyke-Reeves out of the Common Acre-shot assâ—ssed within every of the said Towns After this at another Session of Sewers held on the xvijth day of April in the year of our Lord 1610 8 Iac. it being considered that this Country of Marshland was subject to surrounding aswell by downfalls of Rain as by the overflowing of the Sea and fresh waters and was therefore kept drayned by Sewers descending to Knight's-Gole the common out-fall to the great River of Ouse And that the said Gole by the flowing and ebbing of the Sea was then so silted up with sand at divers times especially in Summer that it obstructed the waters in the said Sewers to the utter surrounding of all the Fens and low grounds in the said Country And moreover that the said Gole in former times had been kept and perfected as also the fleet from the same unto the before-specified River by a certain antient pair of Clows placed up higher in the Sewer thereby one appointed for the taking in of the tides and so holding up the water betweâ—n a pair of Clows untill the River of Ouse were run low and then forcibly let go for the scouring of Sand out of the said Gole and Fleet And that the setting open of the said Gole and putting down and pulling up the said Clows would be both dangerous and troublesome by reason of the greatnesse and weight of the said Clows made to that purpose It was ordained and decreed that there should in consideration thereof be yearly paid out of every hundred Acres of Land being several within the said Rinde of Marshland which were drayned by the said Gole and had usually paid thereunto the sum of ijd. ob by the owners or occupyers of the said Lands and so after that rate And of every hundred Acres of Land lying on the South side of Wisebeche and Elme Oldfield and Outwell which then were or should be drayned by the said Gole by the owners or occupyers thereof vd. and so after that Rate And whereas the Land-holders of Oldfield in Clme and certain Lands in Outwell on the East side of UUelle river from Emneth unto Beaupre Hall and so to Stoning stile and thence to the old Pow dyke had at divers times drayned their said Lands in Oldfiâ—ld into Marshland through the out-rinde Bank of Marshland called Broken dyke and so through Emneth into Marshland Fenn as also their Lands in Outwell to the great hurt of the said Country by suffering those waters to run into the said Fen without any perfect Sewer to carry them down in any Gole to the Sea and likewise without paying any Tax Acre-shot or other contribution towards any Drayn Sewer or Gole in Marshland for the same It was then also ordered that the said Lands should not thenceforth be drayned into Marshland Fenn but by and under such conditions here expressed viz. that the Land-holders of Oldfield and Outwell should before the xxiiijth of August then next ensuing give unto the Land-holders of Marshland Cl. viz. the Land-holders of Oldfield Lxxvl. and they of Outwell xxvl. towards the making of a certain lode between Marshland Fenn and Smethe called Shore lode in widenesse xij foot and in depth four or five foot and towards the making of three sufficient Stone-bridges for Carts to passe over the said Lode But it was neither the strength nor height of those their Banks so repaired as aforesaid which could secure them from that dreadfull inundation of the Sea hapning on the first of November in An. 1613. 11 Iac. the memorial whereof I shall here deliver from an Inscription upon the East wall of the South Isle in Wisebeche Church To the immortal praise of God almighty that saveth his people in all adversities be it kept in perpetual memory that on the Feast day of All Saints being the first of November in the year of our Lord 1613. late in the night the Sea broke in through the violence of a North-east wind meeting with a Spring tide and overflowed all Marshland with this Town of Wisebeche both on the North side and the South and almost the whole Hundred round about to the great danger of mens lives and the losse of some besides the exceeding great losse which these Counties sustained through the breach of Banks and spoil of Corn Cattel and Howsing which could not be estimated Which losses with other things of note relating to the said Banks and the particular Towns then surrounded as they were presented upon Oath by the Jurors for the hundred of Frethebridge before the Kings Commissioners sitting at Lynne upon the ixth day of December in the year before-specified I have here likewise thought fit to transcribe The Presentment of the Iury for the Hundred of Frebridge in Marshland made at Kings Lynne 9 Decemb. 11 Jac. An. 1613. 1 Inprimis we present and say c. that there is belonging to the Town of Terington a Sea-dyke containing xiC Rode in length or thereabouts which was in good repair before the first and second day of November last whereof CCCCxx Rode were ruinated by the rage of the Sea that then happened and also one Bridge called St. Iohns bridge was then broken up 2 That there were at that time lost by the rage of the Sea c. 1876 sheep amounting to the sum of Lviij l. and more In great Beasts lost 120 valued at 322 l. In Corn sowed in the Fields 480 acres valued at xxx s. the Acre amounting to 720 l. Hay lost in the fields and barns to the value of CC l. Corn in the barns lost to the value of DCC l. Grasse in the Fields lost to the value of D l. Dwelling houses utterly ruinated and wasted xiij And Cxlii. dwelling houses there impaired to the value of a M l. Bedding and other Houshold-stuff
lane bridge and thence to the Smethe lode Bridges Holmes Bridge Borret bridge situate over the main Drayn Mayes Bridge upon the same Drayn Another Bridge at Small Droves end Walton THe old Drayn extending from Clynkhyrne on the North part and abutting upon Newland lane on the South end Another Drayn extending from Crosse-green by Halehyrne to a place called le Yates Wall at the foot of Walton Sea dike and thence to Gybson's bridge Another Drayn beginning at Gibson's bridge and thence to the Smethe lode Bridges Gybson's bridge Old fen dich bridge Terington THe common Drayn extending from Fawkesfield to Oxhow borde and from thence into the Smethe lode Another Drayn extending through the same Town unto the Smethe lode Bridges One Bridge over the common Drayn at St. Iohns lane end Another at the Old fen dich A third ruinous adjoyning to the common Sewer called the Smethe lode Tylney with the Hamlets THe More dich drayn beginning at Tungreen bridge and so going to Wyndbrigge Read's Drayn beginning at Rysgate and extending to the Common Sewer The Fen dich drayn beginning at the West end of Tylney drove and extending to Pollets gool Another Drayn beginning at the West end of Meeres greâ—n and so extending to Creydike from thence to Fryth dich gole and so into the main River Another Drayn coming out of Spellow field and so over Meyres green to Meyres green Drayn Another called Black dich lying from Terington to Islington Fen end Bridges Five Bridges upon Moredich drayn whereof two are in Sale yate a third called Tungreen bridge another called Moredich bridge and the fift at the end of the said Drayn Another Bridge at Rysegate Another adjoyning to the Common Sewer Another Bridge called Fen dich bridge Another Bridge called Pollets gool bridge Another called Poyse gole bridge Another called Meyres green bridge Another at Dodale fedham Another called Meyres dich bridge A Causey called Islington droves end lying between the Bridges of Islington and Wigenhall Wigenhall A Drayn that beginneth at Crow gool and extendeth to New land gate thence to Barnwell Cloyt thence to Cowstow pipe and so to Raynham gool Another called St. Peters dich leading from Islington bridge to West fen lode Another called the High fen dich leading from Cowstow to Pykers hyrne thence to Hel bottom and so into the main River Another called the Heddings beginning at Pykers hyrn and thence extending to Hel bottom Another called the Border extending from Wygenhall mere to Pykers hyrne Another lying from Wigenhall mere to Scales corner so forth to Newfield heddyng between the Spade gonge and Islington drove Another called Simons lode extending from a place called the Senston alias the Hook and thence to Symonslode gool Another called Crosse lode extending from the Hook to the main River Another called Iohn's lode extending from the said Hook unto Iohn's-lode gool Another called Bustard's lode which extendeth from the said Hook unto Buctard lode gool Another called Griggs lode extending from a place called the Lowe way to the Gool head at the main River Another Drayn coming from West fen dich to Griggs gool Another called Martin drayn Another called New dich beginning at the West part of the Common belonging to Stow Bardolf Wynbotesham and Downham and extending to the main River Another Drayn lying in Stow-Bardolf from a place called West head into the main River A Dike belonging to Dounham which extendeth from Dounham bridge unto the chardge of the C. Acres of Stow Bardolf lying at the new Powdich Bridges and Causeys Gillingore brigge A Causey called called Wigenhall mere extending from the old Pow dike to Black dich A certain Causey called Low side A Common Causey called Stow brinke extending from a place called Scapwere unto the Common gate Memorandum that the Ward dich called the Little Pow dich ought to be repaired by the Townships of Tylney with it's Hamlets Terington Walpole Walton UUalsoken and Emneth A note of the Chardges which do yearly belong to Marshland being but eight Towns INprimis in the High ways for Travellers there are xxv Bridges valued in their reparations yearly at Cl. Item there is in the other ways of the Countrey Lxxx Bridges and five Gooles without which the Country is neither habitable nor passable valued yearly for reparations at DCl Item there are two other Gooles very great ones with Drayns into the River of Ouse one called Knight's goole the other the New goole valued yearly for reparations at CCl. Item the Sea-Banks of the Countrey valued yearly for reparations at M Ml. Item the Pow dikes the one called the New Pow dike and the other the Old Pow dike which be defensive Banks against the fresh waters valued yearly for reparations at Cl. The total 3000l. CHAP. XLV HAving no more to say of Marshland I shall next take notice of the remainder of this Country lying Eastwards from the River Ouse and then of those parts of Suffolk wherein any improvement hath been made by Banking and Drayning In 55 H. 3. complaint being made that about seven hundred acres of Marish and other Lands belonging to William Bardolf and the Prior of Wyrmyngey lying in Wyrmyngey and Tokenhull were then overflowed more than formerly partly by inundations from the Sea and River of Secchehithe and partly by the making of Pools and otherwise so that the said Prior had received very much damage thereby And that there was a certain Causey lying in the proper soil of the said William overthwart the said Mannours which Causey was the Kings High-way to Lenne through the midst whereof a certain stream of water passed behind a Mill And that the said William and his Ancestors having permitted the people of the Country for their common benefit to raise the same Causey in the Winter season the said stream of water which had wont to have it's course through the midst of it as aforesaid was thereby so stopt that it overflowed all the lowgrounds therabouts the King therefore being desirous that there should be some remedy had therein granted a Commission to Iohn de Cokefeld to enquire the truth thereof and how and in what manner those Marish grounds might be drayned with the least damage to the Country In 5 E. 1. upon the like complaint that the course of the River at Wirmegay had been so obstructed by the frequent inundations of the Sea that two thousand Acres of Land Meadow and Pasture lying in the Marshes of Midleton and Wirmegeye were drowned the King assigned Raphe de Wyrham and Will. de Midleton to enquire thereof and how they might be so drained as aforesaid And in 22 E. 1. Peter de Campania and Adam de Shropham were constituted Commissioners for the view and repair of the Banks Ditches and Sewers of Middelton Rungetone and Sechithe then ruinous and in decay by reason of the Tides and flouds of fresh water Other general Commissions of the like nature were afterwards issued
down to Pentney Mill. That Pentney Mills be pulled down whereby the drowning of the common ground of Marham and Shouldham may be prevented which by reason of the keeping up the water for those Mills are overflown That the back Dike from Narborough barrs to Cardike be kept in bredth 8 foot and in depth 5. That all the Banks of the River from Blackborough bridge to Prioursturne be made in height and bredth as aforesaid So likewise then to Cotehill and thence to Sechee bridge That the Drayn called Wronglode extending from Wode dyke to Tile kill be in bredth 8 foot and in depth 4. So also the Sewer called Wode dike lying in Marham and likewise Carre dike That the common Sewer called Bush fen extending from the said Car dike to the great River be made xx foot in bredth and five foot in depth That a Dam be made on the West side of Bush fen Ea in Dunstall dike so that the waters coming from Car dike may run into Bush fen Ea. That a Drain in Marham extending from Crosse yard to Padocks hill be made in bredth five foot and depth three That the old River in Marham be made 12 foot broad and four foot deep from the place where Marham Mill stood to Beares head Thence to Marplot dike of the same bredth and depth Thence to Dunstall dike and thence to String dike in like sort That Dunstall dike shall Drayn through the Mill Causey by a sluce there to be made of two foot square into a Dike lying on the North side of a Hop-yard called Hopyard dike Which Dike extending from the said Causey to Stringdike to be 8 foot wide also and 5 foot deep That the Drayn in Marham extending from Swans nest to Bradwell lode be made eight foot wide and four foot deep That Bradwell lode extending from the Abby yards end unto the old Ea and so to the Crosse willow be made of the like bredth and depth That the Drayn from Dowhouse-Close to Crowdwâ—ll gappe be kept in bredth x foot and in depth 4. So likewise Fryday lode extending into the said Old Ea. That the Common Drayn called the Old Ea extending from Haddon Mill to Black dyke be made and kept 8 foot in bredth and 4 in depth So likewise from Haleroft barrs to Wirmgey bridge That the said Common Drayn or Old Ea from Wirmgay bridg to the Abby stile to be kept in bredth xii foot and depth 5. And from the said Abby stile to Cotehill and so to the great River xvi foot in bredth and in depth as aforesaid That the River of Wisse extending from Whittington to Stokebridge be clensed and made in bredth xl foot That Stokebridge containing three Arches of the widenesse of 40 foot be repaired by the Countrey neer adjoyning That the said River of Wisse from Stokebridge to Sandell were thence to Haveringay were Bishops were Izelham were Cote were New were Forwere Helgay bridge Hide were Shellewere and West lode be clensed and made in bredth xl foot as aforesaid and thence to the great Ouse in bredth 30 foot And that two Jetties or Peers of stone xviii foot distant each from other be set upon the said River within 200 foot of the said River of Ouse That the Landlake which taketh its beginning out of the River of Wisse at Weere dike a mile distant from Stoke bridge whose natural fall to the Sea is through Snore fen through Helgay Causey in a Pipe of Timber or Stone and thence c. to Gunnels lode be there divided into two branches the one directly Westward to the River of Ouse â— and the other Northwards through Denver South fenn in each whereof neer the said River Ouse to be placed a substantial Gole That the Banks on the South side of Wisse from common Fengate in Helgay be made 8 foot in bredth and 4 foot in height That the Banks on the East side of Ouse from West lodes end to South lode be made and kept 8 foot broad and 4 foot high and from thence to Modney cote ten foot broad in the bottom 5 at the top and 5 foot in height That the Drayn in Helgay fenn called the Wisse be kept in bredth 12 foot and depth 4. unto Miles end corner and from thence to the River of Ouse 10 foot broad and 5 foot deep And at the end thereof a Gole 2 foot square and 16 foot long That a sufficient Drayn be made at the Causey between Helgay and Modney That the Drayn between Fordhammore and Portmore in Helgay be made in bredth 12 foot and depth 5. And a Gool at the end thereof of the like dimension as aforesaid That the Drayn betwixt Thack fen and Helgay-more be 10 foot in bredth and 4 in depth with the like Gole as aforesaid That Turff fen lake in Helgay be kept 12 foot broad and 6 foot deep with a Gole where it enters into Ouse That the Common Dayn called Creekâ— lode extending from Creek mere in Little port to the 4 Lodes and thence to Pulwear lake be kept in bredth 20 foot and depth 6 foot and so likewise to a place called the Willow and thâ—nce to the River of Ouse 16 foot in bredth and 6 â—oot deep with a Gool at the end thereof of 4 foot in bredth and 5 in depth That Rebech River in Helgay extending from Redmercote unto the great River of Ouse in Sotherey be made in bredth 40 foot untill it come within three furlongs of Ouse and then 30 to be done by the Townships of Feltwell Hockold Wilton Brandon-ferry Santon and Dounham and all others having any grounds drayning through and by the said River That the Common Drayn in Sotherey called Stake lode be in bredth 12 foot and depth 4. till it come to Crosse water and thence to the River of Ouse 14 foot in bredth That Sotherey Causey be made 18 foot wide at the bottom 14 foot at the top and 3 foot in height That the Banks of Ouse North of Sotherey Ferry to Modney dike be 8 foot in bredth at the bottom 5 foot at the top and 3 foot in height That the Land drain in Sotherey extending from Sotherey barr to the Hall yard be kept in bredth 8 foot and in depth 3. and so till it come to Stake lode That Pollver drain in Wirmgay beginning at Campions hills extending to Sechey Causey and thence to Kings bridge be 10 foot in bredth and 4 in depth That the Drayn in Watlington and Totnell extending from Theâ—fes bridg unto Hobs dike be kept in brâ—dth 6 foot and depth 3. And Hobs dike 9 foot wide and 4 foot deep That East wroe dich Bank in Watlington otherwise called Savers banke which defendeth the fresh waters of Polver drain and Seche River from overflowing c. to be heightned in every low place That Polver drain from Kings bridg to the Gole head be made in bredth 16 foot and in depth 8. That Geris dam â— in
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
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
sewers where it divideth into two branches as before is mentioned And the one branch going South Eastward in form aforesaid extendeth in distance and length from the said great Crosse unto Shrewysnest point and so by the said South branch unto the said North Seas at K. Lynne aforesaid Liiij miles And the same River descending from the said great Crosse unto Shrewysnest point aforesaid and from thence by the North branch unto Outwell Sholle and so to the said North Seas is in distance xxxiij miles And from the said Sewer called Creeklode in March aforesaid unto the said North Seas at K. Lynne aforesaid by the said South branch is xlviij miles and by the said North branch xxviij miles And from the said Sewer called the Leame in March aforesaid unto the North Seas at K. Lynne aforesaid by the said South branch is xlvii miles and by the North branch aforesaid xxvii miles The decay of which said several Sewers with the Rivers Lodes and Drayns from them extending unto the said Town of Wisebeche they say be the chief and special occasions of the drowning aswell of the said Marish and Pasture in Upwell and Outwell as of the whole Countrey of Marshland and Wigenall adjoyning and in continuance of time as they think in their consciences will utterly drown the said Parishes and the said Country of Marshland unlesse the same decayed Sewers be scoured according to the antient Ordinances so as a great part of the said fresh waters of the same great Ee in March aforesaid may be conveyed unto the said North Seas by the Town of Wisebeche in manner and form aforetime used And they said that there is another great occasion of the drowning of the said Marish grounds by reason of the decay of the said old Sewer in Upwell aforesaid called Maide lode and a part thereof called Ship lode the which Lode beginneth at Welney water otherwise called the South branch coming from Shrewysnest poynt aforesaid and extendeth from thence unto a certain fen of the said Edmund Beaupre called Weeke fen and from thence into a certain place in Helgay called Shiplode Helgay house and there into the said great River of Ouse The which Sewer they say hath been most specially decayed by reason that there hath not been kept a good Sluce of stonework or timber with sufficient falling and hanging dores to the same to stop out the Floudsilty waters And also by reason that the same Sewer falleth not lower towards the said North Seas viz. at and against a certain place in Denver called Denver hithe at the which place they think it most meet for to set and build the said Sluce And they said that for the preservation of the said Sluce there ought to be a substantial Clouse of stone work and Timber with two sufficient drawdores to the same to be set within half a furlong of the said Sluce to stop the fresh waters aswell in the time of repairing the same Sluce as to keep and preserve a sufficient portion of waters within the said Drayn in the time of extreme drought Furthermore they said that forasmuch as there hath not been a substantial Bridge over the said Sewer called Maid lode of the length of xx foot next unto Welney water so as the same water at the entry thereof might have full passage hath been in like manner a great decay of the said Sewer And they said that the heirs of Richard Cranford ought to scour the said Mayd lode next from the said Welney water called the South branch by the space of one furlong at the widenesse of xx foot and of sufficient depth And next unto that the Inhabitants of Upwell and Welney ought to dike the same by the space of one mile for certain lands which they hold in common call'd Dunthorn's fens otherwise called our Lady fenns and one other mile for their Common called Blakmereshall And then the Landholders belonging to the Prior of Fakenham to scoure the said Lode called Shiplode by the space of half a mile And then the said Edmund Beaupre for lands belonging to Beaupre Hall in Outwell aforesaid half a mile And for his Mannour of Upwell late â—â—longing to the dissolved house of Ramsey half a mile And then Richard Fyncham Gent. for certain Fen grounds and Marish half a mile And the Landholders late belonging to the Monastery of Walsingham three quarters of a mile Then the Dean of Norwich for lands belonging to the late Celle of Monks in K. Lynne three furlongs and from thence to the said place against Denver hithe where the said Sluce shall be set the Townships of Denver Helgay and Fordham shall dyke c. the rest of said lode for four furlongs in consideration that they be not charged in any part of the said Sewer called Mayd lode and Shiplode and yet the same Townships shall drayn by the same Sewer by estimation a thousand acres of Common Fens and more And forasmuch as great Commodity shall grow aswell to the Inhabitants of Denver Helgay and Fordham as to the Inhabitants of the whole Countrey of Mershland and Wygenhall by reason that the same Sewer as well shall drayn the Fenns of Denver Helgay and Fordham as also shall receive the great abundance of fresh waters the which before this time have descended against a certain Bank in Outwell and Dounham aforesaid called the New Powdich being the only defence and safeguard of the same Country of Marshland and Wigenhall the which for lack of this provision at this present by them agreed have been divers times of late years drowned that in consideration thereof aswell the Inhabitants of Marshland and Wigenhall as of the said 4. Infields in Upwell and Outwell called Plawfield Kirkfield Budbeche field and Landy field shall bear and sustain the Costs in and about the sufficient making of the said Sluce and Clowes And that after the same Sluce and Clowes be well and sufficiently made that then the same shall be repaired at the Costs of the said Inhabitants and Landholders of Denver Fordham and Helgay aforesaid except when the yearly chardges in amending the same shall come to above the summe of xxvis. viijd. Also they said that there is another great destruction aswell to the said Fenns as to a great part of the low grounds within the I le of Ely by reason of the decay of the said drayn called in part New dike in Littilport aforesaid and in part thereof called Crikelode in Sothery aforesaid betwixt Sothery poole and Modney and there entreth into the said great River of Ouse And they said that the Bishop of Ely ought to scour the said Creeklode from the said great River of Ouse unto a certain place called the Willow by the space of two furlongs and then the Landholders of the Lands of late belonging to the Cellerer of Bury ought to dyke from the said Willough unto Pulver lake The Dean of Norwich for his Church of Fordham the Parson of Helgay for his
Church of Helgay the Landholders late Massingham's and the Landholders late Bexwell's ought to dyke the said Sewer against the late Landholders of the Cellerer of Bury from the said Willow unto Pulverlake And they said that the Landholders of the late Cellerer of Bury ought to dike the one half of the said Sewer in a certain place called the Middyl in Creeklode against all men by the space of two miles The said Landholders of the Lands belonging to Ramsey ought to dyke a certain place called Balkwere abutting upon Gnatlode by the space of a quarter of a mile The Dean of Norwich the Parson of Helgay the Landholders of Massingham's and the Landholders late Bexwell's ought to dyke the said Sewer unto four lodes end The Heirs of Tho. Butler of Helgay ought to dyke a certain place in the said Sewer called Hogges myddle by the space of one furlong The King for Lands somtimes the Duke of Gloucester's ought to dike at a certain place called the great Were against all men by the space of a mile The Landholders of the late Monasteries of Castleacre and Wendlyng and the Landholders late Bexwell's ought to dyke the other part of the said Sewers against the King for the space of a mile Then the Landholders late belonging to the said Celerer of Bury ought to make a Shetting middyl in the said Sewer by the space of a mile and more The King for Lands somtime the Duke of Gloucester's ought to dyke a certain place called Chattyngs in the said Sewer by the space of half a furlong and more And the Landholders late belonging to the said Celerer of Bury ought to dyke a certain place in the said Sewer called Stream middyl by the space of a mile and then the Landholders of the late Priory of Modney ought to dyke the one half of Unge medyl in the said Sewer by the space of two furlongs against the Landholders of the late Monastery of Thetford The Heirs of Iohn Ashfeild the Landholders of the late Monastery of Ramsey somtime Nicholas Gunne's ought to dyke the said Sewer against the said Landholders of the late Priory of Modney And the Landholders late Iohn Ashfeild's ought to dyke at a certain place in the said Sewer called Lod were by the space of two furlongs The Landholders of the late Monastery of Thetford and the Landholders late Iohn Champayne ought to make the other part by the space of two furlongs The Landholders of the late Priory of Modney ought to make the one half of a certain place in the said Sewer called Bullings against the Landholders of the late Monastery of Ramsey by the space of two furlongs and more And the Landholders of the said late Priory of Modney and Massingham's ought to dyke the said Sewer called Credy-middyl by the space of one furlong The Landholders of the late Monastery of Thetford ought to dyke in the said Sewer called Iolles-middyl by the space of a mile The Township of Litilport the Landholders sometime called Nicholas Orme and the Earl of Worcester ought to dyke the said Sewer called New dyke unto the said South branch called Welney water by the space of a mile And that the persons chargable with the making scouring c. of these Sewers shall have the Fishings so far as they are so charged Also they said that there is another occasion of the drowning of the said Marish and Pasture grounds and of the whole Country of Marshland which is the decay of a certain River parcell of the North branch extending from Shrewysnest poynt unto Outwellsholl the which decay beginneth at a certain place in Outwell aforesaid called Saltham lake and extendeth to a place in Downham called North delf and so to Salters lode The which River ought to be in bredth in the narrowest place of the Chanel xxiiij foot and of convenient depth And of the bredth and depth aforesaid by the Inhabitants of Marshland and Wygenall from the said place called Salthamlake unto Salter's lode And they said that there is a certain Bank before remembred called the New Powdich set in Outwell and Downham aforesaid on the East and North part of the same River aswell for the safeguard of certain low grounds in Downham Outwell Wimbotesham and Stow Bardolf aforesaid as also of the whole Country of Marshland and Wygenall for and against the abundance of fresh waters descending to and against the same bank the which Bank beginneth at the South end of the Parish of Outwell aforesaid and extendeth South Eastward unto Mullycourt drove thence to Saltham lake thence to North delf in Dounham and thence to Salters lode and adjoyneth in part thereof to the East side of the said River and in part to the North side thereof Which Bank by all the limits thereof ought to be in bredth in the foundation xviii foot at the least and in the top xii foot And in height from the plain ground unto the top thereof from the said Saltham lake unto Northdelph six foot of lawfull measure and from North delf unto Salters lode in height five foot of like measure And they said that the Landholders of those lands in Outwell aforesaid in certain fields in the same Town called Mutlycourt field Sandy field Out-Sandy field alias Blewick field and Powdich field ought to maintain the said Bank from the Towns end of Outwell unto Mullycourt drove at their costs And the Dean of Ely for the said late Priory of Mullycourt from Mullycourt drove unto Saltham lake And the Inhabitants of Marshland and Wygenhall from the said Saltham lake unto North delph and from thence unto Salters lode c. And they said that the decay of the said Bank hath grown most especially by reason that the Earth taken for the repairing thereof hath been dyked and cast from the foot of the said Bank whereas by the antient Ordinances it hath been appointed to be taken on the South part and West part of the said River adjoyning to the said Bank in time of Summer and in the Winter upon great necessity the Country of Marshland and Wygenhall to take their manure in the common Fenns of Outwell and Dounham on the East part and North part of the said Bank in distance xl foot from the same And they said that there is another Bank extending from Salters lode aforesaid unto Dounham brigge and thence unto Stow Bardolf houses and so by the same Houses to Staple were in Stow Bardolf aforesaid made for the defence of the several and common grounds and Marishes of Dounham Wimbottesham and Stow Bardolf for and against the Floud and Spring waters coming out and from the North Seas at King's Lynne aforesaid the which Bank viz. from Salters lode to Dounham Bridge ought to be in bredth in the foundation xviii foot and on the top xii foot and in sufficient height for the defence of the floud And that the Inhabitants of Dounham ought to repair the said Bank from Salters lode
made higher by three foot 120. And that Guyhirne gole be banked with a Bank of xvi foot and in height x foot by all the lands lying in Wisbeche between Sorcel dike and the high Fendike On the 12th of Iuly in the same 13th year of Qâ—een Eliz. reign it was thus ordered by Robert Bell Ieffrey Coleville William Hunston Robert Balam William Brian Richard Nicholas Thomas Hewar and Henry Hunston Esquires Justices of Sewers for the Countrey of Marshland in the County of Norffolf and for the Borders and Confines of the same viz. Forasmuch as Bishops dyke within the Isle of Ely is greatly decayed by the abundance of fresh waters which hapned this last Winter the like whereof was never seen within the remembrance of man to the great decaying and impairing of Broken dyke being one of the defencâ—-Dikes for salvation of the whole Country of Marshlande to the great peril of the drowning the said Country of Marshland and to the utter undoing of all the Landholders of the East side of Elme between the said Bishop's dike and Broken dike if the said Bishop's dike be not sufficiently repaired and amended in time the experience wherof was too manifest this last winter to the great losse of a number of the Queen's Majesties Subjects the misery whereof is unspeakable it is therefore condescended and agreed by the said Justices That the Landholders of Elme within the Isle of Ely aforesaid between Nedeham dyke and Broken-dyke aswell for that the Countty of Marshland may the better repair and maintain the said Broken dike this last Winter decayed by the means of the overflowing of the said Bishop's dike as also to be without charge of making and defending of the said Broken dike the said Broken dyke being maintained which cannot be if the land there remain surrounded still and so thereby no profit to be reaped by the Owners of the same land shall have license to issue out the water of Oldfield between Needham dike and Broken dyke at the Gote or Pipe already laid on Broken dike not far distant from Blewick's house and to issue into Marshland by the direction of Mr. Balam Mr. Hewar and Mr. Henry Hunston through Emneth and Walsoken in the highest parts of Marshland Provided that when it shall be thought by any two of the Justices aforesaid or by any four of the chiefest Landholders of the Country of Marshland then resiant within the said Country that the same water running underneath Broken dike is hurtfull to the Country of Marshland or to any part thereof or that it shall be perceived by any two of the said Justices or by any four of the chiefest Landholders of the Country of Mershland aforesaid that the Charge bearers of Bishop's dike be negligent in the well defending the said Bishops dyke or that the Landholders of Oldfield do not sufficiently from time to time maintain and keep Needham dike or lay any Gotes or Pipes in any place of the said Needham dike to issue any water from any part of the South side of the said Needham dike or that any water is received into Oldfield by any way or device to the intent to utter the same at the Gote in Broken-dyke other than the downfall of the Ayre falling into the aforesaid Oldfield that then and at all times afterwards it shall be lawfull for any of the Inhabitants of the Country of Marshland so to cease the running of the water through the same any thing mentioned in this Order or Law to the contrary notwithstanding Or if the owners of the lands which do lye between Needham dike and Broken dike or any of them do refuse to bear and pay all and every such charges to Knight's goole or to any Sewer leading thereunto as the other lands in Marshland do according to the number of Acres and the same to be paid to the Dikereeves in Emneth Or if the Owners and Landholders of Oldfield do not from time to time well and sufficiently repair and maintain aswell the said Gote or Pipe lying underneath or through Broken dike as also as much of the Bank or Dike called Broken dike alias Oldfield dike as the same Gote or Pipe is in length or bredth Or if the same Gote have not two strong dores viz. at each end one always in readinesse to be shut or stopped when occasion shall serve at or before the day of S. Michael the Arch Angel next ensuing the date hereof and from time to time thenceforth to continue and keep the same in good reparations or else to cease as is aforesaid At a Session of Sewers held at Wisbeche 22 Aprâ— xvi Eliz. Ordered that the Causey called Norwol dam shall be raised with gravell three foot higher than it is at the costs of the Hundred of Wisbeche saving a way to be left of xii foot in bredth with a Bridg over the same as heretofore hath been accustomed which Bridg to be made at the costs of the Bishop of Ely Also that Longe's drove in Elme shall be made sufficient to keep out Says field water by the Landholders of Oldfield In An 1576 xviii Eliz. was the first Improvement of Needham Buriall fields lying within the Precincts of Upwelle by an Agreement of the Landholders there on the xxiiiith day of Iune in the same year at which time they setled an Acre-shot of six pence the Acre for defraying the charge thereof And about two years after this at a Session of Sewers held at Erith brigge viz. 4º Augusti xx Eliz. it was ordered by the Justices that there should be a Bank made from Marysse dike unto Bishop's dike alias Lovedays dike over the River of Elme to be in height eight foot in bredth xii on the upper part and in the bottom xxxii foot as also a Clouse at Marisdam but so as Boats might passe through the same And likewise that the Bank beginning at Keâ—ismill and extending to Guy hirne and so by Coldham to Fryday bridg in Elme should be repaired so that the height thereof might be six foot the bredth in the bottom xxiiii foot and at the top 8 foot At a Session of Sewers held at Wisebeche upon the 12th of Iuly in xxiii Eliz. it was thus ordered that whereas the Common called Ladwers lying in Elme is drowned for want of a Crest that there be a Crest or Bank made beginning at Tylneyhirne and so leading to the New Leame thence by the River of Nene to the Horshooe thence to Marmond land thence to the West end of Langbeche adjoyning unto Bishops dike which Bank to be xii foot in the bottom in bredth 4 foot at the top and in height 5 foot And that the Sluse upon Marys dam shall be taken up and when the said Bank is made then to be set at New Leames end As also a convenient Tenement built meet for a man to dwell in for the keeping of the same And it was likewise
Ramesiae super lite motâ— de terminis in Marisco statuendis De quo marisco hoc mirum nostris accidit temporibus ut ubi quondam annis antiquissimis quorum non extat memoria loca invia ac inaccessibilia ubi nullus hominum vel pecudum gressus fuit vel habitatio sed carecta luta profunda arundineta palustria solis avibus nedum dicam Daemonibus inhabitata prout legitur in vitâ beati Guthlaci qui ibidem utpote in loco horroris vastae solitudinis coepit habitare nunc in prata delectabilia ac etiam terram arabilem convertuntur quae ibidem pars segetem vel foena non produciâ— gladiolum cespites alia ignis pabula cohabitantibus utilia germinando abundanter subministrat unde lis gravis contentio de terminis locorum talium terrarum inter eos qui ab initio mariscum inhabitabant exorta lites praelia suscitabat c. In the year MCCLvi 40. H. 3. William Bishop of Ely and Hugh Abbot of Ramsey came to an Agreement upon a controversy betwixt them touching the bounds of their Fens whereof in these our times a wonder hapned for whereas as antiently time out of mind they were neither accessible for man or beast affâ—rding only deep mud with sedge and Reeds and possest by birds yea much more by Devils as appeareth in the life of S. Guthlac who finding it a place of horror and great solitude began to inhabit there is now changed into delightfull meadows and arable ground and what thereof doth not produce Corn or Hay doth abundantly bring forth sedge turf and other fuell very usefull to the borderers which occasioned much dispute and contention betwixt them that were the most antient Inhabitants in those parts nay quarrells and fighting touching the bounds of such fruitfull lands For so it hapned that on the Feast day of S. Peter ad vincula two of the Canons of the Priory of the holy Trinity in London disputing thereof grew to such high words as contracted an implacable hatred betwixt them so that studying a revenge the one took an opportunity to murther the other In what manner and by whom these Fens were then so drayned I find not but it could not be without the cleering of those antient out-falls of the several Rivers which both before and since did overflow the whole Levell leaving therefore the discovery thereof to a farther scrutiny I shall briefly point at such Commissions as I have found tending to the improvement of them by Banks and Sewers after that time which being not many are all involved with those of other places in this County as by these instances will appear viz. In 51. E. 3. to Iohn Cavendish Will. de Thorpe Iohn Colevill and others for those in Ely Dounham Litelport Hadenham Sutton Chateryz Dudington March Marchford Wytleseye Elme Welle Wysbeche Leverington Neuton and Tyd S. Giles and elswhere within the Isle of Ely In 1 R. 2. to Iohn Cavendishe Will. de Thorpe Iohn Colvill Martin Everard Iohn Holt Will. de Petteworth Thomas Pynchebek and Thomas de Welle In 3 R. 2. to Sir Roger de Skales Sir Philip le Despenser Knights Iohn de Cavendish Rob. Bealknap and others for all the Banks Sewers c. in the before-specified places by which Commission they were appointed to make agistments for the safeguard of those parts by the number of Acres or Perches to be new surveyed as often as need should require and to constitute trusty and diligent Dike-Reeves for the same purpose The like Commission in 6 R. 2. had the same Sir Roger with Sir Rob. Bealknap Knight Sir Philip Spenser Sir Will. Skipwith and others So also in 15 R. 2. had Will. Thirnyng Thomas Pynchebek Sir Iohn Colvylle Sir Reginald Hakebeche Sir Iohn de Wilton and Sir Will. de Flete Knights Iohn de Markham Will. Gascoigne and Thomas de Welle with directions to proceed therein according to the Law and Customes of this Realm And in 8 H. 5. Thomas de Skeltone Iohn Colevile Iohn de Rochefort Laurence Everard Rob. Tirwhit Iohn Bernard Nich. Morys Will. Foulbourne and Robert Brydde had the like as also to view the several Causeys betwixt Ely and Saham Ely and Litleport and Hadenham and Wynelingham then broken and decayed and to take order for their repair doing all things therein according to the Law and Custome of this Realm CHAP. L. WEst and by North Ely lyeth Thorney an Island also containing about three hundred Acres of ground and compassed with spacious Fens wherein as in Ely Crouland and several other places for the respects instanced in the .... Câ—apâ— Adelwold Bishop of Winchester in the year of Christ DCCCCLxxii K. Edgar then Reigning founded a goodly Monastery for Benedictine Monkes What these Fens were for depth and bredth during the space of divers ages before the late general drayning it is no hard matter to guess the Moore totally contracted by a long stagnation of the fresh waters sufficiently demonstrating the same which is found for the most part ten foot deep throughout all this side of the Country but more antiently it was otherwise as Will. of Malmesbury an authentique Historian living about five hundred years since affirmeth Who having first spoken of the Isle of Ely and then coming to this of Thorney saith thus Thorneia ulterior scripto contractior spacio sed Prior laudum titulo Paradysi simulachrum quòd amoenitate jam Coelos ipsos imaginetur in ipsis paludibus arborum ferax quae enodi proceritate luctantur ad sydera aequorea planities herbarum viridantibus comis oculos advocat c. id est Thorney though last mentioned and less in Circuit hath the Priority in fame represented a very Paradise for that in pleasure and delight it resembleth Heaven it self the very Marshes abounding with Trees whose length without Knots do emulate the Starrs The plain there is as Level as the Sea which with the flourishing of the grass allureth the Eye and so smooth that there is nothing to hinder him that runs through it Neither is there any wast place in it for in some parts thereof there are Appletrees in other Vines which either spread upon the ground or are raised up with poles A mutual strife there is betwixt Nature and Art so that what the one produceth not the other supplies What shall I say of the Beautifull Buildings which t is so wonderfull to see the ground amidst those Fens to bear From which testimony no lesse can be inferred but that then this skirt of the Level was not at all drowned and therefore that the out-falls to the Sea were at that time cleer and open which argueth a greater care in the people inhabiting this flat Country in those days than hath been for several ages since Not were the parts towards Peterborough then lesse free from that annoyance as may seem from what I have received
in bredth two and a half This County of Huntendon being then a Forest the Regardors did in 34 E. 1. by virtue of the King's Precept make this following Presentment at the new Temple in London viz. that the Tenants of the Abbot of Ramsey in the Town of Ramsey the Tenants of the Abbot of Thorney in Wytlesheye and the Tenants of the Prior of Ely in Wytlysheye had wasted all the Fen of Kyngesdelfe of the Alders Hassocks and Rushes estimated at a thousand Acres so that the King's Deer could not have harbour there as they had before that perambulation Likewise that the Towns of Stangrund and Farsheved had wasted the fen of Farsheved of the Alders and Rushes estimated at an hundred Acres Also that the Abbot of Thorney had made a Purpresture in the said King's Forest within Farsheved fen and inclosed the same with a double Ditch on the side towards Farsheved which contained in length two miles by estimation and two furlongs in bredth And likewise that the said Abbot had raised a new Bank without the Town of Iakele containing one mile in length against the assize of the Forest. And that Iohn le Wode of Iakele came with the men of Wytlysheye into the Fen of Kynggesdelfe and set fire therein which burnt in length and bredth about four miles by estimation which caused great loss to the King in his Harts Hinds and Goats And likewise that the men of Benewyk had destroyed a certain place in Kyngesdelf of the Alders and Rushes called Hertyngges containing a mile in length and bredth And they likewise then presented that the Banleu of Ramsey began at Humberdale and so went on to Wystowe lowe by the middle of the Town of Wystowe and so to Ranelestone and thence to Ranelesnoge thence to Obmere-bote thence to Scaldemere thence to Ayxschebeche thence to the Newe lode which leadeth betwixt Middilmore and Kynggesdelfe thence to Beaurepeyre thence to Tyrmerekote thence to Pollyngsecote thence to Caldemowchache thence to Goldepyttelade and thence to Homberdale The division betwixt this Forest and the Bishop of Ely his free Chase of Somersham began at the great River scil at the three Willowes and thence extended to Fentone lode thence to the new Bank thence to Fentone Crosse thence to the Mill at Wardeboys thence to Pydelemare thence to Pydele dam thence to Iny mede thence to Kollangeleye thence to the Hanger of Bluntesham and thence to the great River CHAP. LII THis being the last of those six Counties into which the great Level as hath been observed extendeth containeth no more than a narrow skirt of those fens at the utmost point whereof that sometime great and famous Abby of Medeshamstede since called Peterborough was for the like advantages already taken notice of in Thorney and some others first founded by Peada King of the Mercians about the year of Christ DCL and soon after amply endowed by King Wolpherus his Brother and Successor in the government As to its situation and the more exact description of the fens belonging thereto I shall exhibit what Robert de Swasham sometime a Monk of that House saith Burch verò in regione Gyrviorum est fundatus c. Burch is founded in the Country of the Gyrvii for there beginneth the Fen on the East side thereof which reacheth Lx. miles or more in length Which Fen is of no small benefit to the bordering people for there they have wood and other fewell for the fire and Hay for fodder as also Reed for thatching of their Houses with many other necessaries There are likewise divers Rivers Waters and great Meeres for fishing the Country abounding in such things in the best part whereof Burch is seated having on the one side of it the Fen and River and on the other upland ground with Woods Meadows and many Pastures which do render it most beautifull on every part having a meet access to it by land except towards the East on which side without Boats there is no comming to it On the South side of it runneth the River Nene c. And these are the limits of the possessions Pooles Fenns Lakes Fishings Lands c. which King Wolphere gave thereto that the Monks therein placed might freely serve Godâ— viz. from Medeshamstede to Norburch and thence to a place called Folies thence directly through the main Fen to Esendic and from Esendic to the place which they call Fethermute thence directy to Cuggedic ten miles distant thence to Raggewiâ—c five miles to the principal stream which goeth to Elme and Wisebeche and thence for the space of three miles up the said principal stream to Trochenholt thence directly through the vast Fen to Derevorde in length xx miles thence to Grecescros thence by a fair current called Beadan Ea six miles to Paccelode and so through the midst of many Lakes and spacious Fens in Huntendonshire together with the Pooles and Lakes called Scelfremere and Witlesmere and several others to them belonging as also with the Lands and Houses which do ly on the South side of Scelfremere and all within the Fen to Medeshamstede and thence to Welmesford and so to Clive and Estune and from Estune to Stanforde and thence as the River runneth to Norburch before-specified But touching the improvements made here by Banking and Drayning I find little in particular till of late time whereof I shall speak anon this being the utmost Corner towards the high land which the fresh waters for want of a cleer and perfect evacuation overflowed the Banks and Sewers conducing to the exsiccation thereof having been cut from the River Nene through Cambridgshire towards their most antient and natural out-fall at Wisebeche CHAP. LIII Observations upon the Commissions and Statutes of Sewers Having now done with those particular endeavours of Banking and Drayning within the precinct of the Great Level in order to the bettering that surrounded part of the Country I come lastly to speak of that eminent and signal undertaking viz. the general winning thereof by Banks and Sewers a work certainly of no less honour to the first Adventurers therein than beneficial to the present and future Age. But before I begin therewith it will be proper I conceive by way of preparation thereto to make some short observation upon the antient Commissions and most notable Statutes of Sewers And first touching the Commissions the antiquity and extent whereof do sufficiently appear in the precedent discourse I shall briefly note First that the King ratione dignitatis suae Regiae ad providendum salvationi Regni sui circumquaque fuit astrictus c. for those are the words therein was by the prerogative of his Crown obliged to see and foresee to the safety of his Realm Secondly that by virtue of them the Commissioners might enforce the neglecters of their duty by distress of their goods and likewise fine and imprison the dissobeyers of their Orders as appeareth by those words viz. ad
the first Presentment or Judgement to charge every man in particular according to the quantity of his land 3. that they had not power to commit to prison persons refractory to their Orders and lastly that actions of trespass false imprisonment and other processe at the Common Law have bâ—en brought against some of their Officers for executing their Decrees and Warrants their Lordships finding in their Wisdomes that it could neither stand with Law nor common Reason that in cases of such great consequence the Law can be so void of providence as to restrain the Commissioners of Sewers for making of new works to withstand the fury of the waters aswell as to repair the old where necessity doth require it for the safety of the Country or to lay a charge upon the Towns or Hundreds in general that are interessed in the benefit or loss without attending a particular Survey and admeasurement of Acres when the service is to have speedy and suddain Execution or that a Commission that is of so high a Nature and of so great use to the Common wealth and evident necessity and of so antient jurisdiction both before the Statute and since should want means of coercion for obedience to their Orders and Decreesâ— whereas upon the performance of them the preservation of many thousands of his Majestiâ—s Subjects lives goods and lands did depend and it plainly appearing that there would be a direct frustrating and overthrow of the authority of the said Commission if the Commissioners their Officers and Ministers should be subjâ—ct to every sute at the pleasure of the Delinquent in his Majesties Courts of the Common Law and so to weary and discourage all men from doing their duties in that behalf for the reasons aforesaid and the supreme reason above all viz. the salvation of the King and people did order that the persons formerly committed by that Board for theâ—r contempt concerning that cause should stand committed untill they did release or sufficiently discharge such actions sutes and demands as they did bring at the Common Law against the said Commissioners of Sewers or any their Officers c. The opinion of Sir Henry Hobart Knight Attorney general to King James touching the making of new Drayns the Case of the new Drayns made in the Isle of Ely and the Taxation set for the same being thus 1 THat the grounds now sought by these new Sewers to be won and drained are such as naturally and antiently were dry grounds and not continually overflown so as they were truly land and not water and are still to this day dry half the year and sometimes in good years longer 2. Nextly that there have been alwayes notorious and common Drayns maintained at publick charge for the conveying away of the waters in times of downfall or other overflows 3. Thirdly that the said antient Drayns cannot now possibly were they never so well maintained drayn the Country because their conveyance whilst they were in use was into the Sea running out at Wisbeche from whence the Sea is now departed so that there is no way now to carry these waters to the Sea but by Lynne Haven to which therefore these works are made to carry them ¶ The case I say standing thus in all these parts I am of opinion that the Law of Sewers lately made for these new works is warranted by the Commission of Sewers and that a Tax may be set aswell for the making and maintaining of it according to the meaning of the Statutes and Commission as it might have been for the old if they had remained still in use And therefore I am of mind plainly that though it may seâ—m still within the power of the Commission by the Letter of it to maintain the old Sewers yet the Commissioners cannot now enforce the mâ—intenance of them when they are no longer indeed Sewers nor benefit nor damage can arise by them for Sewers are made and maintained for the land and not the land for the Sewers On the contrary when they fail reason teacheth and necessity enforceth some other remedy be found in supply of it And the words of the Commission have it plainly that gives power in one Clause to make necessary and behooffull Laws for the safeguard and preservation of the lands lying to the premisses which premisses being restrained as much as may be to the Sewers yet the lands lying to them must be understood the landâ— about them or for which they were wont to serve So that the safeguard and preservation of the lands is the principal end of the Commission which being not to be preserved by the old Sewers are by this Clause to be preserved at largeâ— that is as best may be and by the Judgment of the Commissioners shall be found necessary and behoofull which words and meaning are satisfied in this case Henry Hubbert Nor do we want examples of greater antiquity for such new Cuts and Drayns the names of divers which to this day continue manifesting the same as 1. New-ditch alias Lents hirne in Wisebeche 2. Newdike in Buriall field in Welle 3. Newdike in Witlesey a very fair Sewer Newdraine there also xx foot wide 4. Newdrayne from Croyland to Spalding 5. Newdike alias Sandy dyke there also 6. Newdike in Neatmore in Upwell 7. New-leame there fifty foot wide 8. and New-leame in Chateriz and March Nay it is very evident that even the great Rivers themselves have for the like respects been diverted from their antient and natural Chanels For 1. The River of Ouse its outfall by Wisbeche decaying was not only cut straight but by a new River made from Littleport Chaire to Rebbech was let fall into Ouse parva or Brandon water and thence by Salters lode to Lynne Haven its former course from Littleport being by Wellenhee to Welle and so to the North Seas at Wisbeche 2. The West-water a part of Ouse magna having its course from Erith bridge to Chateriz ferry and thence to Benwick and so to March was for the crookednesse of the way conveyed by a new passage called the Leame through Chateriz Dodington and March and thence by Elme Leame to Wisbeche a course of xvi miles and so continueth all this way 3. Moreton the worthy Bishop of Ely in the time of K. H. 7. to avoid the many and crooked passages in the River of Nene between Peterburgh and the Sea by the way drowning many thousands of Acres out of the whole ground made a new River now called Morton's Leame or the New Leame xl foot wide and 4 foot or more deep viz. from Stanground steafe to Guyhirne being a course of xii miles long at the least and continuing the same through Wisbeche â— for the more speedy delivery of the waters attempted to cut through the Sea-dike to Wisbeche at Bevys-Crosse and again at Eastfields end nigh the Horshooe in Leverington which Banks were in lesse than xxx years before ordained by Commission to be maintained id
xxvi of September in a Session held at King's Linne in the County of Norfolke there was another Law of Sewers made called Low fen and UUalsingham fen Law the tenor whereof is as followeth viz. Whereas there are about 1300 Acres of low grounds lying together in the several Parishes of Upwell and Outwell in the County aforesaid between Popham River on the South and the Bank called Bardyke and Churchfield dike on the North and Outwell Crest towards the East which are preserved from overflowing by the said Crest and by the Bank on the North side of Popham river aforesaid which low grounds may be drayned c. And that the repairing of the said Crest and of the North Bank of Popham River will be a defence to the new Powdich and a great preservation to the Countrey of Marshland And whereas the drayn from Plawfield in Upwell to Hodghyrne and there falling into Rightforth lode and thence by a Sluse neer Stow bridge into the River of Ouse is very defective c. which being repaired would be sufficient to drayn all those low grounds We do ordain and decree c. that it shall be lawfull â—or the Landholders and Commoners of and in the said low grounds c. to drayn them through the said Sewer And we do farther ordain that the said Sewer from the said Sluse to a place called West head shall be diked c. ten foot broad in the bottom at the least and in depth proportionable c. And from thence to UUelle river x foot broad and 5 foot deep and the greater part of the menure to be cast on the South side of the said Lode from UUest head to the East end of Hodg hirne for the making of a sufficient Crest to hold the waters within the brink thereof And that there shall be placed in the North end of Churchfield dike in Outwell a Sluse of Brick with a tunnel of two foot broad and three foot high with a dore to be pulled up shut c. And from the said Sluse a Drayn or Sewer to be made under Churchfield dike on the East part thereof to the North end of Champney-Corner And from thence to continue the same Drayn in an antient Dike between Outwell Common on the North c. to North delph Upon Tuesday being the 8th of October following in the night tide the Dam made by Mr. Hunt for Coldham a little below Stow bridge broke up and on Wednesday being inwardly taken with a little light Moor broke again So likewise on Thursday being taken with earth between Planks set end-wise it brake again and continued running till Sunday Oct. 13. At which place there assembled that day Sir Raphe Hare and six other Commissioners who laying the command of the work and order of it upon Mr. Richard Hunt he with the assistance of the Country took it in hand and made it firm before the return of the next Tide But as we see by how little was done in this and most of the precedent years that the general Drayning went but slowly on notwithstanding the King himself as also the Lords of the Council and those Gentlemen who were constituted Commissioners for that purpose had so earnestly endeavoured the speeding thereof so was there now such a stop for the space of five years at the least that there nothing appeareth of consequence to have been farther prosecuted therein by reason of the opposition which divers pâ—rverse spirited people made thereto by bringing of turbulent sutes in Law aswell against the said Commissioners as those whom they imployed therein and making of libellous Songs to disparage the work of which kind I have here thought fit to insert one called the Powtes Complaint COme Brethren of the water and let us all assemble To treat upon this matter which makes us quake and tremble For we shall rue it if 't be true that Fenns be undertaken And where we feed in Fen and Reed thei 'le feed both Beef and Bacon Thei 'l sow both Beans and Oats where never man yet thought it Where men did row in Boats ere Undertakers bought it But Ceres thou behold us let wilde Oats be their venture Oh let the Frogs and miry Boggs destroy where they do enter Behold the great designe which they do now determine Will make our bodyes pine a prey to Crows and Vermine For they do mean all Fenns to drain and waters overmaster All will be drie and we must dye 'cause Essex-Calves want pasture Away with Boates and Rodder Farewell both Bootes and Skatches No need of t'one nor t'other men now make better matches Stiltmakers all and Tanners shall complain of this disaster For they will make each muddy Lake for Essex Calves a pasture The fethered Foules have wings to fly to other Nations But we have no such things to help our transportations We must give place oh grievous case to horned Beasts and Cattell Except that we can all agree to drive them out by Battell Wherefore let us intreat our antient water Nurses To shew their power so great as t' help to drain their purses And send us good old Captain Floud to lead us out to Battel Then two-peny Jack with Skakes on 's back will drive out all the Cattel This noble Captain yet was never known to fail us But did the Conquest get of all that did assail us His furious rage none could asswage but to the Worlds great wonder He bears down banks and breaks their ranks and Whirly-giggs asunder God Eolus we do thee pray that thou wilt not be wanting Thou never saidst us nay now listen to our canting Do thou deride their hope and pride that purpose our confusion And send a blast that they in haste may work no good conclusion Great Neptune God of Seas this work must needs provoke thee They mean thee to disease and with Fen-water Choake thee But with thy Mace do thou deface and quite confound this matter And send thy Sands to make dry lands when they shall want fresh water And eke we pray thee Moon that thou wilt be propitious To see that nought be done to prosper the malitious Though Summers heat hath wrought a feat whereby themselves they flatter Yet be so good as send a floud lest Essex Calves want water Upon great complaint therefore of these their doings made to the Lords of the Council I find this Order made by them bearing date at White Hall upon the 8th of November in the xiiijth year of the said King's Reign viz. That whereas sundry vexatious sutes had been brought against his Majesties Commissioners of Sewers and their Officers by divers obstinate persons for executing the Orders c. of the said Commission to the great hazard of the inundation of many large Levells in the Counties of Northt Hunt Cambr. and Linc. That the said Lords well weighing these undue proceedings and the antient Laws of this Realm evidenced from divers notable Records in
the very point questioned as also the continued practice of antient and latter times and likewise the opinion in writing of the Lord Chief Justice Popham upon the Questions touching the Authority and power of the said Commission viz. first whether the said Commissioners have Authority to cause new Banks Draynsâ— or Sluces to be made whâ—re none have been before Secondly whether they may lay a Tax upon any Hundred Town or the Inhabitants thereof in general and not impose it upon every particular man according to the â—uantity of his land or Common Thirdly whether they may commit to prison such as disobey their Orders c. and Fourthly whether that Actions of false Imprisonment Trespass and other Proces at the Common law have been brought against the Commissioners or their Officers for executing their Decrees Orders c. Their Lordships finding in their wisdomes that it can neither stand with Law nor Common sense that in a case of so great consequence the Law can be void of providence to restrain the Commissioners in making new works aswell to stop the fury of the waters as to repair the old where necessity requireth it for the safety of the Countrey or to raise a charge upon the Towns or Hundreds in general which are interessed in the benefit or loss with attending a particular admesurement of Acres where the service is to be speedy c. Or that a Commission of so high consequence to the Common-wealth and of so antient Jurisdiction both before the Statute and since should want means of coercion for obedience to their Orders c. whereas upon the performance of them the preservation of thousands of his Majesties Subjects their lands goods and lives doth depend and plainly perceiving that it will be a direct frustrating and overthrow to the Authority of the said Commission if the Commissioners c. shall be subject to every sute at the pleasure of the Delinquent c. Their Lordships ordered that the persons formerly committed by that Board for their contempts concerning this cause should stand committed untill they release or discharge such their Actions c. Saving nevertheless any complaint or sute for any oppression or grievance before the Court of Sewers or before the said Council board if they receive not Justice at the said Commissioners hands And that Letters be written to the Commissioners to proceed in their several Commissions c. And in pursuance of this general work the said Lords of his Majesties Council sitting at White Hall the ixth of May then next following orderd 1. That a Sluse must necessarily be made at the out-fall of Wisbeche River into the Sea at the charge aswell of the high-Countries as the low to be rated by the Commissioners of Sewers 2. That the River of Wisbeche and all the branches of Nene and Westwater â— be clensed and made in bredth and depth as much as by antient Record it shall appear they have been or where that cannot appear at the discretion of the Commissioners 3. That Weland be also scoured c. from the out-fall to Waldram Hall at the particular charge of the owners and their Tenants As also the River of South Ea from Crouland to Guy hirne by those that of right ought to do it and that till that be done Clows crosse drayn shall run 4. And that things to be farther done therein be referred to a new Commission of Sewers to be procured at the indifferent charge of the Countries therein mentioned After this viz. upon the xth of September the â—ame year in a Session of Sewers held at Wisebeche before Francis Lord Russell and other his Majesties Commissioners it was inter alia ordered That London lode should be dam'd up at Welle-Causey and that Popham Ea be made a perfect Sewer with Banks on both sides according to a former law for height bredth and strength and so continued for ever And that so much charge as the charge of the Banks on both sides of London lode and of the lode it self whereof they are dischardged by this Order shall be imployed upon the making and maintaining of the Banks and Sewers of Popham Ea the same to be rated by the Commissioners of Sewers And that the said Commissioners shall also consider what charge is to be imposed on those who by the old law were chargable towards Small lode and to allow the same upon Popham Ea c. Whereupon Sir Henry Hobart Knight then Lord Chief Justice of the Common Pleas being then advised with and likewise assisted by divers of the Commissioners of Sewers delivered his opinion touching this Drain called Smal lode as followeth viz. 1. That it is an old forsaken Sewer not known within the memory of man to have been in use and so grown up that the very tract thereof is not in many places discernable and that it is also uncertain whether the proper out-fall thereof should be towards the Ouse as an exemplyed Law of 39. Eliz. appointeth it or to Wisbeche River as some Presentments much more antient do declare it 2. That the scouring thereof hath antiently belonged to the owners of lands adjoyning now pertaining to Sinolphus Bell Esquire and others but for the reasons aforesaid not put in charge till the said Law of 39. Eliz. ordaining it to be opened and to have its fall by the new Powdich into Ouse 3. That by a Law made ix Iac. grounded upon a view and open debate in Sessions it was ordained to be dam'd up as unnecessary 4. That Popham Ea though a new Sewer is of such use in respect of its largeness and situation that it alone sufficeth as many think both to discharge the waters descending thither from the high Countries and those also of the grounds drayned by London lode that there is no use of this Smal lode 5. That therefore those lands adjoyning which belong to the said Sinolphus Bell and others be discharged from its repair c. Reasons confirming this opinion So long as the outfall of Wisbeche had its perfect being the whole River of Ouse had there its perfect outfall from whence the Town seemeth to have taken the denomination viz. Ouse or Wisebeche Thither then came the first Branch of Ouse from Erith by the course now callâ—d the West water to Benwick where meeting with a part of Nene which then was very small the greatest passage being in those days by Crouland South Ea Wride stream and other Courses about Thorney fell together by Great Crosse or Plant-water to the North Seas at Wisbeche The other part at Ouse being the second Branch fell down from Eryth to Harrymere and there meeting with the River Grant from Cambridge passed so united to Ely thence to Litleport Chair and so by Welney and Welle to the said North Seas at Wisbeche where it met with the former Branch from Benwick Then as it seemeth there was no River between Litleport Chair and Rebbech which is a
which might be perfected And that those works ensuing mentioned in the said Law should proceed and be perfected viz. the River of Ouse Sutton-lode London lode and Mayd lode and that the Decree made at Stilton 30 Martii then last past should stand in force And upon the xix of Iune then next also ensuing in farther prosecution of this great and necessary work the said Commissioners exhibited a Petition to the Lords of the Privy Council Shewing That whereas sundry Sessions had been held by them since his Majesties Commission for Drayning c. was on foot and nothing effected through the variety in opinions of the said Commissioners but instead thereof much charges lost and that many parts did thereby suffer and undergo great danger And therefore desiring that for the safety of those Countreys so endangered and prevention of farther delays their Lordships would please to direct that at the Sessions to be held at Peterborough on the last day of that instant Iune one of the Clerks of the Council might be there present with them to take a view of the Outfalls if need should require who as a person indifferent might inform their Lordships of the fecibleness of the work and of the fittest means to effect it without or with the least loss to any part And that a certain and constant course might be by their Lordships directed whereunto they all expressed themselves willing to submit Upon which Petition it was then ordered by the said Lords that Sir Clement Edmunds Knight should meet the said Commissioners at Huntingdon for accomplishment of their desires in the view of the Out-falls c. And upon the xijth of August next ensuing at a general Session of Sewers held at Huntingdon aforesaid there were appointed three Commissioners of every County to accompany the said Sir Clement Edmunds in that service Who accordingly performed it and gave in this following Certificate to that honourable Board viz. 1. That the River of Ouse in time of flouds had in former times certain Slakers or bi-Sewers to receive part of the water wherewith it was overchardged whereof the West water at Erith brigge was one which now for want of clensing falleth into the Ouse whereas it should pass from it 2. That the said River was from Huntingdon to the high Bridg at Ely much choaked with Weedes and stopped with weres and in divers places made shallow by Gravels and Fordes which they call Hards 3. That the Haven of Lynne was through the violence of the Tides and the great fall of Fresh-waters grown much wider than it had been to the endangering to Marshland 4. That the River of Nene is also much stopped and choaked up so that it passeth not out totally at Wisbeche which is its proper out-fall and that below Wisbeche it was found neer the out-fall six foot or more higher in the bottome than it had been heretofore so that whereas the Inland waters at Guyhirne which had formerly 5 foot fall were not only stopt but the River fell back upon them Whereupon a Law of Sewers was made by the Commissioners for the amendment thâ—reof 5. That a Sluse made upon that River formerly to the great charge of the Country stood not 7. days but was blown up by the Tides Nevertheless that it was agreed that after the River was again clensed to a sufficient depth there should be a new Sluse there erected if need required But as to the performance of this work for matter of charge there was a great difference between the Town of Wisbech and the Inhabitants of the Upland Countries forasmuch as the said Town insisted upon a considerable help from them towards the charge thereof alleging what benefit they would receive thereby 6. That the said water of Nene not having a free passage by Wisbeche but dividing it self into divers parts did great hurt by overflowing the Country about Thorney and Crouland and that in 38. Eliz. there was a Drain agreed on for the passing away part thereof at Clows crosse which Sewer lying x. or xij foot lower than the Level above was conceived to be the best drain to regain the surrounded grounds on the North of Wisbeche 7. That forasmuch as the Inhabitants of Marshland complained much of their danger by the running of Wisbeche River from the 4. Gotes by the skirt of Marshland and that if the out-fall before-mentioned should be opened whereby a greater proportion of water would pass that way it would be much worse for them It was therefore agreed that if the said River together with the Drayn of Clows crosse were carried from the said 4. Gotes by a new Cut to be made through the Saltmarshes to an out-fall called King's Creek besides the benefit which would arise by drayning of their Fens it would secure Marshland from danger and no way prejudice Holland 8. That the River of Weland also was from Crouland to Spalding very defective for want of clensing and from Spalding to its meeting with Glen neer to the Sea almost silted up insomuch as the Inhabitants of Spalding complained that by reason of the shallows thereof which were less than half a foot deep 2. miles below the Town they had not wholsome water for their necessary uses 9. Considering therefore these defects c. before expressed he proposed to the said Lords that some carâ— might be taken to open those out-falls And though there were many Gentlemen of good worth in those parts who wanted neither zeal nor judgment to do service therein yet it was conceived that the work might be best effected by such as had no interest at all in the Country but stood indifferent between all parties and thereby levy the charge without partiality Whereupon ensued certain Orders occasioned by that view of the said Sir Clement Edmunds and those Commissioners viz. 1. That the Sewers between Overcote and the Meere be opened and scoured before the last of May then next ensuing sub poena 3s. 4d. per vigam 2. That the West water with all the branches be opened and scoured by those who ought of right to do the same by Michaelmass come twelve-Month then also next following sub eadem poena 3. That the Hill in Humbert's water be abated before the first of November sub poena 5. libr. 4. That Padnall lake from Ouse to the Clay way be scoured xx foot wide and 4. foot deep by the first of April then next ensuing sub poena 5s. per virgam 5. That Stretham and Thetford do their Draines by the first of May sub eadem poena 6. That Popham Ea though it be respited is reputed an excellent drayn Sir Raph Hare and other of the Commissioners being appointed to view its defects 7. That the work in Wisbeche River be perfected before the 20. of August next 8. That a new Clow be set up at the charge of all that drayn thereby 9. That South ea be clensed after Wisbech River and Weland
opinions all concluding it fesible but differing much in the way to accomplish the same To give instance of the various conceipts of such whom his said Majesty imployed to inform him therein it will be needless howbeit of those that exhibited by the said Sir Cornelius Vermuden a person of greater experience in Drayning than most others were was not the least considerable and therefore it being published in Print I shall refer my Reader thereto But such speed there was made in the farther prosecution of this great and noble adventure that at a general Session of Sewers held at Huntendon on the xviijth day of Iuly then next ensuing the said King himself was declared the Undertaker and to have not only those ninety five thousand Acres which had been formerly set out for the said Earl but also fifty seven thousand Acres more from the Country his design being as by the Decree then made at Huntendon appeareth to make the said Fens as well Winter-grounds as Summer-grounds as hath before been expressed viz. out of Deping Pinchbeck Spalding South fen and Croyland fen alias Gogsland fen twelve thousand Acres And out of the rest of the lands out of which the ninety five thousand Acres had been formerly assigned to and for the said Earl of Bedford and his participants First the number of twelve thousand Acres parcell of the said ninety five thousand which twelve thousand were then in the possession of his said Majesty his Fermours or under-tenants And the quantity of one hundred and fourty thousand Acres more whereof eighty three thousand residue of the said ninety five thousand to be taken in part and fifty seaven thousand in full of the said hundred and fourty thousand Acres to be indifferently taken and set out of the residue of the said Fens where or out of which the said ninety five thousand Acres were so decreed or assigned to the said Earl of Bedford viz. out of such of the said Fens as do lye on the North-West side of the said new River called Bedford River 29 thousand Acres in part of the said 57 thousand Acres And out of those on the South-East side of the said new River 28 thousand Acres in full for the said 57 thousand Acres And for the drayning of the said Common and several low grounds lying in Holand Com. Linc. within the River Weland Porson banke the South Ea banke the Shire drayne and the several high Marshes and grounds of the Towns or Parishes of Tyd S. Maries Sutton Lutton Gedney Flete Holbeche Quaplode Moulton Weston and Spalding 19 thousand eight hundred 33 Acres And for drayning the Common and several Fen-grounds lying between the South Ea banke Wisbeche River the old Sea-bank and the Shire drayne in Wisbeche Leverington Newton S. Giles Tyd S. Maries and Porson drove the quantity of 4000. Acres And for Drayning the Common Fen-grounds of the Towns of Marshland called Marshland fen containing by estimation 4000 Acres the quantity of two third parts divided into three And for drayning the Marsh lands lying open to the Sea in or neer Walton Walsoken and Walpole in com Norff. between the old Sea bank of Marshland and the old course of Wisbeche River containing by estimation 3000 Acres and of the Marsh lands and Marsh grounds lying in or neer Wisbeche Leverington Neuton and Tid S. Giles in com Cantab. and the course of Wisbeche River and the Shire Drayne there together with one piece thereof lately imbanked next the said Shire Drayne containing by estimation 1000 Acres and of the Marshes c. lying in or neer Tid S. Maries Sutton in Holand Lutton Gedney Flete Holbeche Quaplode Moulton and Weston in com Linc. between the Marsh-grounds there formerly imbanked and the Sea extending along the Sea coast there containing by estimation 5000 Acres the quantity of two full third parts And for Drayning of Stretham meere and the Meer-grounds thereof containing by estimation 300 Acres the one half thereof or of so much thereof as shall be drayned And for the drayning of the rest of the Meers Meer-grounds Lakes and Pools the quantity of 3 fourth parts of them or so much of them as shall be drayned divided equally into four parts And that though the said Earl of Bedford had not performed his undertaking he should in recompence of his great charge in those Rivers Cuts and Drayns by him and his Participants made have 40 thousand Acres to be assigned him out of the before-mentioned 83 thousand Acres residue of the said proportion of 95 thousand Acres assigned to the said Earl as aforesaid About three dayes following for it was upon the xxith of the same Month of Iuly the said Commissioners still fitting at Huntendon dispatcht away Letters of that date to the Lords of the Council concerning their transactions then in hand the tenor whereof were as followeth Touching the Great Levell we have received many and several complaints from divers Townships therein that their lands are taken from them and they have received no benefit by the Drayning upon hearring whereof and of the proofes by them made and declaration of divers Commissioners in Court we find many of them true and according to his Majesties Instructions to some of us his Commissioners we have made an Order to permit them to take the profits of their lands and Common of pasture untill the Drayning be adjudged so as they shall not pull down or deface any Mounds Fences or Drayning without due proof made and a special Order of the Court in that behalf wherein the Country have received and expressed a great deal of contentment and satisfaction We have also two several dayes heard Mr. Holborne and Mr. St. John being of Councel with the Earl of Bedford and his participants in the great Level and they have taken divers exceptions and argued at large against the Laws of Tax and proceedings upon this Commission and their main Objections tended to destroy not only these Taxes Decrees and proceedings of this kind And the same reasons if admitted would plainly overthrow all the Presentments Taxes Decrees and Proceedings for the Earl of Bedford and his participants We are now taking into consideration the force and weight of what hath been alleged and shall therein give a just and speedy resolution and with all care and diligence proceed to the further execution of this Commission and setling of this great work I have not seen any direct Answer made by the said Lords unto this Letter but on the xxiijth of the same Month there was a Letter dated at Theobalds the Court being then there from William Lord Bishop of London and sent to the said Commissioners in answer to a Letter of theirs to him dated the xxith the tenor whereof for so much as relates to this great Level I have here likewise inserted And because his Majesty intends to see this great work of the Level prosecuted according to his first Princely design being for the Countries good and his
at least which was a very great work 2. The Middle Levell also they defended from Peterborough water by a large Bank made from Peterborough to Wisebeche this being raised upon the foundation of that which the King begun excepting a little turn in Waldersey Bank From the River Ouse they likewise defended it by a great Bank extending from Erith to Salters lode on the North VVest side of Bedford River and made another new River parallel to the said Bedford river from Erith to Salters lode aforesaid containing an hundred foot in bredth and imbanked it with Banks on borh sides of threescore foot wide at the bottom ten at the top and eight foot in height The other new Drayns which he and his Participants made or repaired within this Levell being these viz. Uermudens Ea Hamonds Ea Stony Draine Nene old Chanel Pophams Ea Marshland Cut Moores Drayne Witlesey Dikes and some other small ones And the Sluses those at Salters lode Pophams Ea and Marshland Cutts 3. For scouâ—ing the South Levell from the overflowings of Ouse they raised also a great Bank from Over to Salters lode The lesser Rivers viz. of Grant Mildenhall Brandon and Stoke being defended by smaller Banks From Salters lode to Stow bridge they likewise caused a large River of one hundred and twenty foot wide and ten foot deep to be cut for the more speedy conveying away of the waters which River is now called Downham Ea As also two great Sasses at Salters lode for the passage of Boats and other great Vessels with three Sluses at the end of Downham Ea And divers small Drayns viz. Grunty fen Drayn the In-Drayn to the Bank of the Hundred foot River Reach lode and many others So that having accomplisht the whole work within the compass of five years the said Level was by a Decree of Sewers made at Ely on the 25th of March Anno 1653. adjudged to be fully drayned Whereupon the said Earl and his Participants had possession of those ninety five thousand Acres awarded to them CHAP. LV. Lindsey Levell Extending from Bourne to Lincolne OF this though I might have not incongruously discourst under my title of Kesteven and Holand yet forasmuch as 't is in truth a part of the great Levell before-mentioned however not so now taken notice of in Common reputation I have thought it more proper to speak of it here The first general attempt towards the Drayning of this part of the Country whereof I have taken notice was upon a complaint of the Inhabitants at a Session of Sewers held at Sempringham in the 8 year of the late Queen Elizabeth's Reign the Earl of Lincolne high Admiral of England with several other persons of quality being then Commissioners Whereupon a general Tax was laid for repairing and enlarging the Drayns and Sewers to carry off the waters which then annoyed these parts But little was done to any purpose herein as it seems for it appears that at another Session of Sewers held at Swinstede in the 17 year of that Queens Reign the Country complained that they were drowned more than formerly so that the Commissioners then decreeed that those Drayns which the Duke of Suffolke and others had ordained to be begun about the latter end of King Henry the 8 time as also some others should forthwith be set upon and laid a Tax accordingly But no payment of that Tax being made the work proceeded not Nor was there any farther considerable attempt therein whereof I have heard till the 5 year of the late King Charles of blessed memory that Sir Anthony Ireby Knight Sergeant Callice and other Commissioners finding all former essays fruitless by reason that the Inhabitants would never pay the Taxes and that the lands being surrounded had no Cattel upon them for distress and considering that the King as 't is observable in all the Statutes of Sewers was to give direction in works of this nature they did by their Letters represent to his Majesty the necessity of Drayning these lands and the Commodity which might accrue thereby humbly beseeching him to recommend some person of Honour to contract with them as Undertaker for performance of that work The King therefore understanding their design to be for the Drayning of all the surrounded Fens on the North side of the River of Glen in this County of Lincolne referred the view of those lying on both sides the Rivers of Fosse and Wythom from beyond the City of Lincolne to Kyme Ea unto Sir Henry Vane Knight Sir Robert Carr Baronet and others who in order to that good work did in a Session of Sewers held at Sleford 26 Febr. 8 Car. where were also present and Commissioners Robert Earl of Lindsey Theophilus Earl of Lincolne the Lord Willoughby Sir Henry Fines and others lay a Tax of xiij s. iiij d. the Acre for the scouring and clensing of the said Rivers and all Gotes and Drayns c. within those precincts to be imposed upon all the Landholders in the said low grounds and to be paid before the ix of April then next following And for the better furthering and compleating thereof the said Commissioners meeting again at Boston upon the second of March then next ensuing reciting their Decree so made at Sleford did extend their said Tax of xiijs iiijd the Acre to the other parts of that Level Nevertheless little was done therein as it seems till about three years afterwards but then the said King by his Letters Patents bearing date at Westminster 2 Aprilis in the xi year of his Reign directed unto George Earl of Rutland and others Commissioners of Sewers for the said Level recommended unto them Robert Earl of Lindsey Lord high Chamberlain of England a person of very great honour to be the sole Undertaker for the drayning of the whole Whereupon the said Commissioners at another Session of Sewers held at Sleford upon the second of Iune then next following proceeded to a treaty with his Lordship for that purpose and agreed with him to accept of twenty four thousand Acres in recompence of his chardges therein which was then accordingly decreed the work being to be perfected within the space of six years next ensuing the feast of St. Michael th'archangel then following And after this viz. in a Session of Sewers held at Boston the 29. of March the next year ensuing recitall being made of that Decree made at Sleford whereby the said Earl of Lindsey for the considerations therein expressed was to have those twenty four thousand Acres of land to be indifferently allotted out of the several Fens c. to enjoy to himself and his heirs for ever viz. as soon as ten thousand Acres or more should be drayned to have his portion thereof forthwith assigned As also the like recitall that upon consideration of the same Decree and other former preceding Decrees and Ordinances made at a â—ession of Sewers held at
Swinshed upon the xi of August then last past upon full debate and consideration of the former Decrees and consideration of a true and perfect scedule of all the Fens c. comprised in a Decree of Tax bearing date at Boston upon the second of March in the eighth year of the said King Charles from Kyme Ea South-wards aswell within the parts of Kesteven as Holand to the River of Glen being part of the said Level mentioned in that Decree made at Sleford c. it did at that time appear to the said Commissioners and then to those present Commissioners at Boston that that part of the Level amounted to thirty six thousand Acres or thereabouts And recitall being likewise made that whereas at the said Session of Swineshed it was proposed that the severals within the said Level lying from Kyme Ea to the River of Glen might not contribute any part of land to the making up of the said quantity of fourteen thousand Acres but that the whole proportion should be taken out of the Fens and Commons And in a Session of Sewers held at Bourne upon the xith of August the next year following there was a speciall assignation in what particular place in each of the Fens before-specified the quantities so decreed as aforesaid should be set out and a certain mistake concerning Poynton fen rectified Which said several Decrees viz. that at Sleford 2 Iunii 11 Caroli that at Boston 29 Martii 12 Car. and this at Bourne 11 Aug. 13 Car. were afterwards in a Session of Sewers held at Sleford 25 Sept. 14 Car. ratified and confirmed And in another Session held likewise at Sleford upon the xiiijth of March then next ensuing the Commissioners receiving information by the said Earl that he had then effectually drayned all the lands between the River of Glen and Kyme Ea containing more than thirty five thousand Acres and taking view of them with all the Sluses Banks Sewers c. therein did so adjudge thereof and that he had made a full performance of his said undertaking And lastly in another Session held at Sleford also upon the 14 of Iune next following reciting and confirming all the former Decrees And that whereas but three thousand Acres were by the said Law of Sleford made 2 Iunii 11 Caroli decreed for the perpetual maintenance of the works within the said whole Level and that the said Earl had nevertheless at the instance of the Commissioners condescended to ty the said fourteen thâ—usand Acres for the perpetual maintenance of the said works made between the River of Glene and Kyme Ea over and above the Rent of iiijd the Acre thereupon reserved to be paid out of the said fourteen thousand Acres in case the said iiijd. the Acre should not be sufficient they decreed and ratified the same accordingly After which the said Earl and his Participants having been at no less than fourty five thousand pounds charge therein did inclose build inhabit plant plow sow and reap two years without disturbance but the third year divers clamorous Petitions were exhibited to the Parliament then sitting by the Country people Whereupon after examination of Witnesses Orders were granted from both Houses to quiet the possession of the said Earl and his Participants and to secure their Crops then upon the land Nevertheless the Petitioners in contempt of all entred and destroyed the Drains and buildings as also the Crops then ready to be reapt to a very great value and have ever since held the possession to the great decay and ruine of those costly works and exceeding discommodity to all that part of the Country CHAP. LVI The East and West Fenns NOrthwards of this Fenny part of the Country called Lindsey Levell are divers other Marshes lying towards Waynflete the greatest whereof are called by the name of the East and West Fenns Upon a Writ of Ad quod Dampnum in 41 Eliz. concerning the Drayning of these Fens it appears that the East fen lying betwixt the parts of Holand and Lindsey was found to contain five thousand Acres or thereabouts and that the one half thereof being the Skirt Hills and Out-rings might conveniently be drayned but the other half consisting of deeps for the most part could not be recovered and moreover that the Commons and Severals pertaining to the Towns confining on the said Fen did then amount to the number of three thousand and four hundred Acres or thereabouts all which were at that time surrounded Whether any thing was done at that time towards the drayning of those Fens I am not able to say but in 6 Caroli 15 Maii there was a Decree made in a Session of Sewers held at Boston by Robert Earl of Lindsey Lord great Chamberlain of England Edward Earl of Dorset Lord Chamberlain to the Queen Iohn Shorey Mayor of Boston Sir Robert Killegrew Vice-Chamberlain to the Queen Sir Robert Bell Sir Iohn Browne Knights Robert Callice Serjeant at Law and others which Decree makes this following recital viz. that there was a Law of Sewers made at Boston 7 9 Apr. then last past by the said Sir Robert Bell and others whereby it appeared that the grounds hereafter named were overflowed with fresh waters viz. Dockdike hurne from Armitage Causey and Howbriggs East to the River of Witham VVest and from the said River of Wytham South to Hawthorne North from the East end of Hundell house grounds and so along by Raydyke to the North side of Moorhouse grounds from thence by Marcham Revesby East Kirkby and Hagnaby to Hagnaby gate from thence along by Bar loade banck and the West end of Stickney Severals to Stickney Graunge From thence on the North side of Westhouse grounds along to Blacksyke from thence on the North side of Medlam to Gamock stake from thence directly to the East end of Hundel house grounds from Stickney graunge Southwards on the VVest side of the severals of Stickney and Nordyke gate East to Nordyke stream South and the West fenne VVest wherein is included Westhouse grounds the low grounds belonging to Stickney grange and Thornedales from Norlands lane along between Sibsey severals aâ—d the new Drayn to Hale Causey from thence along to the Shottells And that all these grounds as also the grounds mentioned in a Verdict heretofore given up at a SessioÌ„ of Sewers held at Boston aforesaid 16 Ian. An. 1629. viz. the East fenne extending in length from the severals of Wainflet on the East to the severals of Stickney on the VVest and in bredth from the severals of Waynflet Friskeney Wrangle Leake and Stickney on the South and the severals of Stichford Keales Toynton Halton Stâ—ping and Thorpe on the North were for the most part surrounded grounds And likewise that certain severals and Commons of divers Lords and Owners belonging to Waynflet and Friskeney lying between a bank called Fen-dyke bank on the East and East fen on the VVest and abutting
Marshes there 104. a. Sedgmore 111. Suffolk 298. Surrey The Marshes on Thames 65. b. Sussex Marshes 87. b. Pevensey Marsh. The Laws and Ordinances for conservation thereof 95. a. Yorkshire 136. b. West Riding 115. a. Hâ—lderness 130. Banks and Sewers Abatement in Tenths and Fifteens by reason of the great chardge in their repair 131. b. 258. a. Allowance by the King towards their repair 121. b. 254. a. Commissions and Statutes of Sewers Observations thereon 369. Commissioners of Sewers their compulsorie power in case of neglect in performance of their Ordinances and Laws 60. a. 66. a. 347. a. Distresses taken by their authority of such as observe not their Decrees 21.23 b. sold 250. a. Land sold by them for neglect in paying of Assesments 63. a. 74. a. 82. b. Their power to make new Trenches and Banks in case of necessity 139. b. 243. b. 298. a. 371. a. b. c. To imprest Labourers for repair of Banks and Sewers 33.46 a. 47. b. 59. a. 60. b. 61. b. 78. b. 80. a. 100. b. 122. a. 135. b. 160. b. 204. b. 240. a. To make a Statutes and Ordinances according to the Law and Custom of this Realm and the Custom of Romeney Marsh 47. b. 48. b. 58. a. Custom of the Marsh observed in repair of Banks and Sewers 44. b. 45. b. 46. a. b. 47. a. b. 78. a. Land gained from the Sea to whom belonging 237. b. 239. a. Ouse sive Wellenhee The antient passage thereof to the Sea by Utwelle and Wisebeche 246. a. 248. a. 249. a. 256. a. 299. b. 300. a. 302. b. 333. a. 394. a. b. 395. a. b. 396. a. The Great Level Observations touching it viz. what it was at first 171. b. How it became overflowed by the Sea 172. a. Holland and Marshland how first gained from the Sea 174. a. How the main Level came first to be a Fen 175. b. The rise course and outfalls of the several Rivers passing through it 176. a. How those their outfalls became obstructed 182. a. Of the vast extent and great depth of the Fresh waters occasioned by those obstructions of their outfalls 179. a. The general drayning thereof when first attempted 375. The chief contents of the Bill handled in Parliament anno quarto Regis Iac. touching the general Drayning 386. Tides Their flowing higher in Humber by four foot than formerly 132. a. ERRATA PAge 9. l. 52. farther p. 10. l. 10. the Belgique p. 44. a. l. 32. S. Nicholas p. 57. l. 30. Marshes p. 143. b. in margine ligulâ p. 159. a. in margine penès Comitem p. 192. a. l. 6. celeri p. 200. a. l. 24. Jurors p. 709. a. l. 9. xxxiiii Chapt. in marg vide cap. 38. p. 211. b. l. 20. Camvill p. 244. a. l. 12. xxxiiii th Chapt. p. 299. a. in marg Cap. xlvi p. 300. b. l. 29. xlvi Chapt. A Note of the Contents of the Surrounded Grounds in every particular Lordship in the Level of Ancoime from Bishopbriggs to Ferrebriggs in Lincoln-shire undertaken to be Drayned by Sir Iohn Monson The Lordships on the East-side The Lords of the Mannors or chief Owners that adventured or Consented for the Proportions  Acr. Ro. Perc. KIngerby 25 0 0 Sir Thomas Puckering Lord consented Owersbie 350 0 0 Sir Iohn Monson Lord Adventured Thornton 208 1 11 The Bishop of Ely South-Kelsey 419 2 34 Sir Edw. Ascough Lord Adventured North-Kelsey 1214 2 3 Mr. Chamberlain Consented for Mr. Barde Kadney Hosham and Newstead 2010 1 39 Sir Will. Pelham Lord Adventured Kettlebie 0379 2 01 Will. Tirwitt Esq Lord Adventured Wrawbie cum Brigge 0645 1 08 Elsham 0807 2 11 Sir Sam. Oldfeild Lord Adventured Worlettbie 1369 3 13 Sir William Elvish Lord Consented Bondbie 0881 0 27 Sir Tho. Williamson Lord Adventured Saxbie 1122 0 29 Sir Mich. Wharton Lord Adventured Horstow 0517 2 16 ... Dorrel Esq Lord Adventured Ferrebye 0275 0 27  The Lordships on the West-side The Lords of the Mannors that Adventured or Consented for the Proportions  Acr. Ro. Perc. Glentham 0099 3 34 Ed. Turney Esq Lord Consented Bishopp Norton 0325 1 18 Ed. Whichcote Esq Consented Atterbie Snitterb Waddingham 0885 2 10 The King chief Lord. Waddingham per se 0707 2 12 Sir William Thorold Lord Consented Redburne 0819 0 34 Sir Thomas Stiles Lord Adventured Hibaldstowe 0927 1 07 Scawbie 0571 1 16 Mr. Nelthroppe Consented Caistroppe 0582 2 01 William Anderson Esq Adventured Broughton 1084 3 03 Applebie cum Thornham 1645 1 10 Step. Andersou Esq Lord Adventured Roxbie 0573 3 37 Sir Ed. Molesly then Lord Consented Winterton 0860 0 11 The King Chief Lord. The true but short state of Sir Iohn Monsons Business 1 The Towns are 26 2 The Lords of Mannors that adventured were 14 3 The Lords of Mannors that consented were 10 4 So as the Lords that were the chiefest and greatest Owners in 24 of the Towns were either Adventurers in or Consenters to the Dreyning and none of the rest opposed before the work was finished and adjudged 5. That Sir Iohn Monson undertook it as a Servant to the Country upon the desires of the Commissioners of Sewers and divers others leaving every man free to adventure for his own that thought it a bargain of advantage or otherwise to leave it upon him to undergo the hazard and lay down the money for their parts As appears by The Commissioners Certificate and their Petition to the King The two Exemplifications under the great Seâ—l And to shew that the Drayning hereof is of a publick advantage to the Kingdom and hath been the endeavours of the most Eminent Persons concern'd in it since King Edward the first 's time the Records following will make it appear a Esc. 16. E. 1. n. 47. b Esc. 16. E. 1. n. 47. c Pat. 18 E. 1. m. 30. in dorso d Pat. 23. E. 1. m. 15. in dorso e Pat. 6. E. 2. p. 1. m. 17. in dorso f Pat. 6. E. 2. p. 1. m. 17. in dorso g Pat. 3. E. 3. p. 1. m. 31. in dorso h Pat. 19. E. 3. p. 1. m. 18. in dorso i Pat. 23. E. 3. p. 1. m. 6. in dorso k Pat. 30. E 3. p. 2. m. 11. in dorso l Pat. 36 E. 3. p. 1. m. 6. in doâ—so m Pat. 39. E. 3. p. 2. m. 31. in dorso n Pat. 40 E. 3. p. 1. m. 34. in doâ—so o Pat. 15. R. 2. p. 1. m. 37. in dorso p Plac. coram Rege term Tâ—in 4. H. 4. rot 13. Linc. q Pat. 6. H. 5. p. 1. m. 21. in dorso r Pat. 22. E. 4. p. 1. m. 22. in dorso s 5. Sept. 12. Jacob. t 2. Aug. 13. Car. u 16. Julii 8. Car. w Uâ—t Maii 10. Car. x 19. Julii 10. Car. y Ult. Martii 11. Car. z 24. Aug. 11. Car. A a 27. Oct. 14. Car. â—b 19. Feb. 14. Car. C c 4. Maii 14. Car. D d Exemplifyed 24. Feb. 15. Car. ANNO XIII Caroli II. Regis In Parliam apud