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
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
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
Peter de Skremy and Gilbert de Toutheby for those betwixt Grimesâ—y and Boston In 2 E. 3. the Burgesses of Grimesby by their Petiâ—ion to the King and his Council did represent that whereas divers Ships had used in time past to land in that Port with goods and several kinds of Merchandize to the great beneâ—it of the said Town and of the parts adjacent And that the same Port was then so choakt up with mud and filth that they could not come in at all Whereupon they humbly besought him that he would grant to the said Burgesses their hâ—irs and successors for the advantage of that Town the water of Friskeneye near thereto with liberty to cut a Chanel unto their Port through the midst of a certain common of Pasture belonging to those Burgesses which Common was the said Kings soil to the intent that by the current thereof the mud and other impediments might be scouted out of the said Haven The King therefore desiring to be certified whether he might condescend thereunto without any damage or inconvenience to himself or any other did assign Robert de Malberthorpe Peter de Ludyngton and Gilbert de Toutheby to enquire thereof About two years after this the Abbot of Louth parke impleaded divers of the Inhabitants of Somercotes for stopping a certain Sewer there with dung and earth by which means the water overflowed two hundred Acres of his land sowed with Corn there and at Cokerington Whereunto they answered that the said Abbot had caused a certain trench called Skiterfletdyke to be made at Cokerington by which trench the water went out of the before-specified Sewer and passed to Somercotes and drowned the lands and meadows of that Town and that they observing what damage accrued thereby it being made xl years before â—or preservation of the lands belonging to the said Abby did then stop it up for the safeguard of their own lands but what determination was made therein I find not In 8 E. 3. Iohn de Brenkelde Iohn de Crosholme junior Roger de Nevill and Robert de Grenefeld were constituted Commissioners for the view and repair of those Banks and Sewers betwixt Burton Stather and Gaynesburgh In 14 E. 3. the King being informed that there was a certain Sewer called Calsaa in Merskland within this Province of Lindsey which extended it self from a certain place called Herleholme unto the Sea and which had been antiently made for preserving the adjacent parts against the flouds of fresh waters descending that way was then so straightned and obstructed by divers persons inhabiting in those Towns which do lye on each side thereof that the water which ought to passe through it to the Sea could not have such a current as it wont he therefore assigned Adam de VVelle Iohn de Kirketon VVill. de la Lande and Iohn de Brynhill his Commissioners to view the same and to take order for the speedy clearing thereof In 16 E. 3. the said Adam de VVelle Iohn de Hardreshulle Thomas Priory of Markeby Richard Parson of the Church of Wythurne Iohn de Binkhull and Iohn de Somercotes were appointed to view and repair the Banks Ditches and Sewers upon the Sea-coast in the Wapentach of Coleswath The like appointment in 19 E. 3. had Iohn de Wylughby Peter de Scremby VVill. de Lokborne and Iohn de Somercotes for those betwixt Grimesby and Boston In 21 E. 3. the King being informed that the course of the River of Wytherne from Wytherne bridge to Herleholme and so to Thedelbrigg thence to Saltflet Haven was so choakt up with dung and filth as also through planting of Trees on the banks thereof by divers of the Inhabitants thereabouts that the lands and Tenements of sundry persons lying near the said River were overflowed by the fresh waters which could not by reason of those obstructions descend through that Chanel as they had formerly done he therefore constituted Simon Fitz Rauâ—â— Richard de Goushill Iohn Totill of Lincolne and Robert Totill his Commissioners to view the same and to cause it to be enlarged to as great a bredth as it had in times past been of Divers Commissions likewise had divers persons for the view of other banks and Sewers in this Province viz. in 23 E. 3. VVill de Friskeney Alexander de Gibthorpe and Hugh de Braytoft for those near Waynflete In 25 E. 3. Iohn de Willughby Iohn de Orreby Iohn de Kirkton and others for those betwixt Ingoldmels and Germethorpe So also had Gilbert de Umfravill Earl of Angos Iohn de Sutton Peter Bavâ—nt Iohn le Druyne and Will. de Stayne for those upon the Sea-coast betwixt Malberthorpe and Trossethorpe In 26 E. 3. the said Gilbert Earl of Angos Nich. de Cantilupe Will. de Skipwith Robert de Kirkeswold and others for those betwixt Boston and Barton In 28 E. 3. Sir Iohn de Willughby Sir Will. de Toutheby and Sir Peter Bavent Knights Robert de Elkyngton and Stephan Toures for those betwixt Ingelâ—mâ—â—s and Grimesby In 30 E. 3. Will de Skipwith Iohn de Gaunt Adam de Wodethorpe and Robert de Elkyngton for those from Waynflete to Grimesby and to proceed therein according to the Law and Custome of this Realm In 32 E. 3. upon divers complaints then made unto the King that there was a certain Causey called Hildyke which is the Kings High way from Boston towards the River Humbre and divers banks in the Town of Sibceye so ruinous and broken that the men of those parts suffered much damage thereby he appointed Simon Symeon Iohn de Alkebarowe Robert de Elkyngton and Robert Malbys to enquire by the Oaths of lawful men of this Province and of Holand who ought to repair the same The next year following Will. Haâ—lay Rob. de Elkyngton Iohn de Hagh and Rob. Gunnays were assigned to view the Banks and Ditches from Saltflet Haven to Waynflet and to cause them to be repaired where need â—equired The like assignation in 34 E. 3. had Peter Bavant Will. Haulay Rob. de Elkyngton VVill. de Stayne and Thomas de Cumberworth for those from Anderby Haven to the Haven of Germethorpe So likewise in 36 E. 3. had VVill. de Huntyngfeld VVill. de Skypwith VVill. de Swynythwayt and others for those betwixt Wrangle and Grymesâ—y In 37 E. 3. Will. de Huntyngfeld Godefrey de Foljaumbe VVill. de Hauley and others were appointed to view and repair the Banks and Sewers within the Soke of Munby And in 38 E. 3. VVilliam de Skipwith Gâ—defrey de Foljaumbe and others had the like appointment for those from the Town of Wrangill to Barton upon Humbre and to hear and determine all things therein according to the Law and Custome of this Realm In 40 E. 3. upon a Writ of Certiorare directed to Gilbert de Umframvill Earl of Angos and others his
Dunsby Repingale Ryngston Kirkby Dowsby Grayby Aslackby Mylthorpe and Pointon in the parts of Kesteven and in like sort on the East part by the Inhabitants of Spalding Pynchbee Surflet Gosberkyrke and Quadring in the parts of Holand by every of the Commoners in their own Precincts And from the said place called Nestilholme Harthstede and corner to the Crosse on Brigdyke by a right line for so the limits thereof do lye and that this should be also done on the West side by the Inhabitants of Poynton Sempryngham Byllingborough cum membris and Horblyng with Bryg-end and such as have Common there And on the East side by the Inhabitants and Commoners of Quadring and Donington in their Precincts And from the said Crosse upon Brygdyke by a direct line also to Wragmere stake because the limits between Kesteven and Holand do lye under the said line the said said Sewer should be dyked and made on the West part by the Inhabitants of Swayton Thorpe-Latymer Helpryngham Great Hale and Little Hale every one in their own Precincts And upon the East part by the Inhabitants of Donyngton and Byker in their Townships And although it did then appear by two Preambulations whereof one was in the xiiijth year of King Richard the second and the other in the xvith year of King Henry the seventh that the boundaries dividing Kesteven and Holand extended by a direct line through Donyngton Inggs from thence that is to say from the Crosse on Brygdyke unto Wragmere stake yet it was agreed that these Sewers should be made so as neither of them might reach into Donyngton Inggs for fear of wasting their several grounds but be set in the Fen as neer as conveniently and necessarily might be And from the said place called Wragmere stake then leaving the metes and boundaries of the two Countries the said Sewers to be joyned in one and to be made of the bredth of xxx foot and cut straight through the West-Causey directly to Gyl syke at Langrake at the only chardge of the Inhabitants and Commoners in the Eight hundred Fen of Holland and of Skirbeck quarter and of the Township of Boston within the Wapentake of Kirton and that the earth cast up in the said Eight hundred Fen aforesaid viz. between Wragmere stake and Langrake should be cast upon heaps lest the water were hindred to fall into the Sewer aforesaid All which to be done before the Feast of S. Martin the Bishop in VVinter then next ensuing Likewise that in the said place at Langrake aforesaid in the bank of the said River should be set up four new Floud-gates or Sluses of Free stone each of eight foot wide for drayning of all the Fens aforesaid at the costs and chardges of the Towns aforesaid in Kesteven and of Dekyngton Kyme and Ewarby and they by â—qual portions and due rate to make two of them and the aforenamed Towns Commoners in the Fens North from the River of Glen in Holland side unto the River of Wytham to make the other two by equal portions and that a rate and proportion should be made in both the said parts upon every Town by the said Commissioners or any six of them before the Feast of St. Bartholmew then next also ensuing And lastly that a drayn of xvi foot in bredth and in depth four foot should be made in the Law fen from a place called West banke alias Holland dyke overthwart the Hyrn unto Langrake aforesaid that all the waters falling from the parts of Kesteven into the said Fens might the more easily be brought to run to the Gotes aforesaid so to be made as was set forth at Langrake aforesaid and that the same Sewer should be made at the equal chardges of both Countries by the Inhabitants and Possessors of the Towns before remembred And likewise that for all the said chardges so severally to be born in the parts of Kesteven the rate and portion set upon every Township should be laid according to the manner of laying the xvth granted to the King And for all the Towns in the parts of Holland to be done according to the Custome of like payments rated thereabouts And that all this should be done before the Feast of S. Iames the Apostle then next ensuing upon pain of xxl. to be levyed upon every Township to the King's use if they should presume to offend in that case After this viz. in 1 Iac. Thomas Lovell Esquire represented to the King then sitting in Parliament that forasmuch as for drayning of the Fenns called Deping Spaldyng and Pinchebeck South Fens Thurleby Fen Borne South Fen and Crouland Fen alias Gogisland Fen in the County of Lincolne humble Petition had been made by the Inhabitants of Deping and other Towns adjoyning being Commoners in the said Fens unto the Lords of the privy Council to the late Queen Elizabeth expressing the great decay of the said Town and Inhabitants there with the benefit which by the laying of them dry should redound to the said Queen and her whole Realm And that the said Lords having consulted with the said Queens learned Council about the manner and means of effecting thereof and being by their directions by Writs of Ad quod Dampnum and Inquisitions of Jurors thereabouts inhabiting duly taken and certified and returned into the Chancery and there remaining of Record informed of the truth of the said Petitions and of the great benefit both to the said Queen by the saving of a great yearly chardge about the repair and amending of the Banks invironing the said Fens for defence against the Rivers of Weland and Glene running on both sides and clean above the soyl therof as also that the same was no ways prejudicial either to the Navigation or to the Common-wealth c. did direct their Letters to the Commissioners of Sewers in the said County c. requiring them to take care thereof and according to the Laws of Sewers to see the same effected commending likewise unto them as by the â—aid Petition they were required Thomas Lovell Esquire a man skilfull in like works wherein he had been beyond the Seas much used and imployed as one fit and much desired by the said Inhabitants to undertake the drayning of the said Fens Whereupon the said Commissioners of Sewers c. did make and establish certain Laws c. viz. at Borne the xxth of Aug. 41 Eliz. And at Market Deping xx Sept. 41 Eliz. and lastly at Markâ—t Deping xxx Aug. 42 Eliz. by Tho. Lord Burghley Edw. Heron Sergeant at Law Robert Wingfeld Richard Ogle Anth. Ireby Iohn Wingfield Henry Hall Tho. Lovell William Rigden Tho. Lambert William Lacy Edm. Mounstevenâ— Leonard Bautre Mathew Robinson Tho. Ogle and Robert Audley Esquires Commissioners of Sewers By which Laws it was decreed that the said Tho. Lovell should undertake the drayning of the said Fens above-mentioned viz. at the costs and chardges of the said Thomas his Heirs and Assigns within five years from the xxth of
should continue where it then ran In 11 E. 1. there was a Commission issued unto N. de Stapelton W. de Brumpton and E. de Bekingham to enquire by the Oath of honest and lawfull men of this County whether the Abbot of Croyland or Prior of Spalding ought to repair certain Bridges Gutters Banks and Ditches in those parts concerning which there was some difference betwixt them In 10 E. 3. there was a Petition exhibited to the King and his Council in Parliament setting forth the many perils and losses which had befallen several men by reason of the ill way betwixt Crouland and Spalding as also that greater mischief was like to happen therby unlesse by the repairing of those ways a remedy were speedily used And that all those dangers and losses might well be avoided in case there were a new Causey made betwixt the said town of Crouland and a place called the Brother house by the said Abbot upon his own proper ground for the making and repair whereof he the said Abbot and his successors were to take a certain Custome of all persons travelling that way the said King therefore much affecting the safeguard and ease of his people and for that respect desiring to be certified whether the said Abbot would be willing to undertake the making and repair of such a Causey or not and if so then how and in what sort directed his Precept to him requiring his answer thereto Whereupon the Abbot by his Letters signified to the King that the distance betwixt the great Bridge within the Town of Crouland and the said place called Brother-house within which space these dangers in passage were was no lesse than three miles and in a fenny soil upon the one side of the River Weland where by reason of the lownesse of the ground in a Moorish earth it would be a difficult matter to make a Causey fit and durable for passengers because it could not be made otherwise than upon the Brink of that River where there was so much water in winter time that it covered the ground an ell and an half in depth and in a tempestuous wind two ells at which times the ground on the side of that River upon the brink whereof the said Causey ought to be made was often broke by Bargemen and Mariners and by the force of the wind so torn away as that the earth was diminished and wasted so that in case a Causey should be there made it would in a short time be consumed and wasted away by the power of those winds except it were raised very high and broad and defended by some means against such dangers and that for the safeguard and ease of passengers aswell on that side the said River of Weland within the Precincts of the Town of Crouland as overthwart the same Causey there ought to be made many high and strong Bridges which would require no little chardge to the end that loaded Barges and Boats might passe under them and that might serve for necessary Sewers over which Bridges loaded Carts Horses and others might also travell And for the supporting of this great chardge ever Barge passing that way in a tempestuous time should pay xiid. every loaded Cart xijd. every loaded horse vi pence every man carrying a burthen iid. every Horse not loaded iijd every man singly going that way i d. And for Cattel and other things carryed by water more or lesse as should be agreed with the boat-men And in great storms and flouds double to what is before exprest to be paid for all carriages by water that way And forasmuch as the making and maintenance of the said Causey was like to be so chardgable in respect of it's length height and thicknesse with necessary bridges as aforesaid the said Abbot proposed then to the King whether he would please to grant unto him and his Monastery for to undergo the same such a Custome for the space of seven years of every passenger aswell by land as water travailing within the compasse of the Lordship of Crouland as might be suitable to such a work though such Custome did not exceed the one half of what passengers did at that time pay and after those seven years should be expired a certain lesser Custome apportioned to the chardge of such necessary maintainance and repair thereof And that in case the King would so do that then he would do his best endeavour to make and maintain the said Causeys and bridges VVhich answer of the said Abbot had no reply made thereto for the space of two years after but then the Parliament again sitting the Inhabitants of Kesteven and Holand exhibited a Petition to the King whereby they humbly besought him that for the safety and advantage of themselves and other passengers he would take the answer of the before-specified Abbot into consideration and do what should be meet therein VVhereupon the said King much regarding the safety and welfare of his people and therefore desiring for the better performance of the work to be more fully certified touching the premisses assigned Robert de Colevill Adam de Limbergh Iohn de Ros Humphrey de Litlebury Will. de Bayeux and Ranulph de Parys to enquire by the Oaths of honest and lawful men of this Country what manner of Customes and how much the barge-men and boat-men did then receive aswell for men as Cattel and had to that time usually received and who ought to make that way and take the benefit thereof As also upon whose soil on both sides the barges and boats had used to land and whose the whole passage was And moreover what and how much Custome would be requisite for the said Abbot to take for the space of seven years in consideration of his chardge in making the same Causey and Bridges upon his own proper soyl and how much after those seven years were expired to maintain them in repair As also how many Causeys and Bridges and of what length bredth height and thicknesse each of them ought to be for the more safe and substantial benefit of passengers And lastly whether it would be of any damage to the said King or others if he did grant to the said Abbot such Customes as aforesaid for the considerations above specified But what was done therein I find not Memorandum that from the time of the Foundation of the Abby of Crouland untill the days of Sir Iohn Wake who lived in the times of Edward the second and Edward the third Kings of England nothing was done against the Abby of Crouland for raising of a bank in the marsh of Gokesland in Holand But in the time of Thomas Wake the son of the said Sir Iohn the said bank was made and so the Abbot of Crouland then made that bank from Kenulphston to Crouland hyrn alias Dyke end from which place the Lordship of Deping began and continued to Wode lade untill the time of Iohn Duke of Somerset and then the
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
the Fen. And that all the menure for the making of the said Bank should be taken on the South side thereof neer the water but not within the space of xij foot of the skirt of the same Bank excepting in time of necessity when no earth might be had any where else by reason of the inundation of the fresh waters by which means not only the River it self might be inlarged in bredth twelve foot more where need should require for the better carrying away of the fresh waters but the Kidells being in the same stream might be sufficiently widened And the said Jurors did also decree and ordain that it might be lawfull for every man in making his proportion of the said Bank to dig earth on the North side of the same in Winter time when by reason of the flouds of fresh water coming down it could not be taken on the South side so that such digging on the said North side were xl foot distant from the same upon penalty of being amerc'd And they likewise decreed that every Land-holder having Lands within any of the said Towns of Marshland and Town of Wigenhale as also within the precinct aforesaid should have his portion of the same Bank assigned to him according to the quantity of his Land according to a new Agistment to be thereof made And that all the Land-holders in Stow Bardolf betwixt the Hord hedding and Tilney Bank and within the Bank of Stow lode brinke and the Ferry pit of Wigenhale should be agisted upon the said Bank each man according to what he held And they did moreover ordain that all persons aswell Horsemen as Footmen which should happen to come to the repair and maintenance of the said Bank at any time of the year upon necessity should have free and safe coming to and fro with their Carts and other things not only in order to the said repair but for the supervising thereof and to stay there with their said Horses and return the neerest way for them without the danger of any amerciament distresse or other punishment for so doing saving alwayes to the Lords of the Fees Waifs Estreys and punishment for bloud-spilling and amerciaments for Hue and Crye there levyed And they likewise ordained that every person having lands within the precinct of the said Bank so to be new made and that might have safeguard and benefit by the making and repair thereof or losse by its not making should be obliged to the making and repair of the same according to his proportion betwixt the said Priory and Salterys lode according to the Law and Custome of the whole Country of Marshland And that every of the said Towns of Marshland and Town of Wigenhale being within the before-specified precincts should be obliged according to his proportion to the making and repair of the said Bank upon penalty of xxl. to be paid to the King as often as any defect could be found in his not performance thereof And they also ordained that every Guardian of the same Bank should have power by the said Law to take distresses for the performance of the premisses when need might require without the contradiction of any man whatsoever And that every such Guardian doing his Office in respect of his tenure within the precinct aforesaid or that ought to do it should perform it duly and diligently for the better making of the said Bank so that no defect might be found therein under the same penalty as was antiently established by the Law and Custome of Marshland for the making and repair of the before-specified old Bank called the Poke diche And that if any person agisted for the making and repair thereof according to the proportion of his tenure should be found refractory and disobedient to the said Guardian for the time being in what he should direct that then he to be distrained punished and compelled by the said Guardians for the well and sufficient performance of the same according to the Law and Custome of Marshland And they moreover ordained that neither the Lord nor any Commoner should depasture his Cattel upon the said Bank so to be new made excepting sheep nor that they should drive any Cattel upon the same for the future avoiding of those inestimable losses which had hapned in times past by so doing upon forfeiture of a peny for every beast so driven or there depasturing by the appointment knowledge or neglect of those that ought to look to them to be paid to the Guardian of the said Bank as often as any such delinquency should happen And that the Cattel found depasturing or driven aforesaid upon the said Bank sheep as aforesaid excepted to be taken and impounded and in the pound detained untill the owner of them should pay the before-specified penalty which forfeiture to be imployed for the repair of that part thereof as should be so hurt by such Cattel Also they did ordain that Iohn Bekeswell and his heirs and assignes Tenants of the messuage of North delfe should sufficiently repair and maintain that Bank opposite to his messuage on the South part both in thicknesse and height as often as need should require for ever at his and their own proper costs and chardges so that through default thereof no damage might come to any one within the precinct of the same under the penalty antiently established for reparation of the Banks Gutters and Sewers in these parts of Marshland according to the Laws and Customes thereof And that the Prior of Mullycourt and his successors under the same penalty should make new as also repair and maintain well and sufficiently aswell in thicknesse as height one Bank throughout his Priory opposite thereto upon the South side And they likewise then ordained that the Inhabitants of the whole Town of Outwell their heirs and assigns should new make repair and maintain one Bank well and sufficiently for ever both in thicknesse and height towards the before-specified great River and on the North side thereof from the said Priory of Mullicourt throughout all the Town of Outwell aforesaid unto the Mansion house of Thomas Beaupre where need should require upon the penalty above-mentioned And that the said Inhabitants of Outwell their heirs and assigns should in default of such new making or repair of the same forfeit Cs. to be paid to the King as often as there should be cause by that their neglect And they said moreover that there was a certain field called Plawfielde lying in the Town of Upwâ—ll and certain other fields called Kyrkfield and Budbeche in the Town of Upwell and Outwell as also another field called Sandyfield in the Town of Outwell aforesaid which were every year overflowed by the fresh waters to the great damage and impoverishing of all persons having lands in the same as of all other having lands within the said Bank called Pokediche then to be new made and therefore they did ordain aswell for the better safeguard of all the lands lying within
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