common Forland as before that time had been used upon which such carriages as should be necessary for the repair maintenance or making of those Walls might without impediment be made And likewise the said Jurors being in form aforesaid sworn did severally say that the Land-holders in the said Marsh called the Becard who ought to pay and contribute to the repair and maintenance of the Banks within those limits except before excepted had not any way by which they might go ride or drive to that Marsh nor from it except over other mens Lands or upon the Banks or Forland leading thence to and from the said Marsh. And they said that according to the Custome of the Marsh-law there in all such cases before that time used the Tenants of that Land at their pleasure might go ride and drive to and fro to the said Marsh and from the said Marsh over and upon the Forland of the Banks leading to the said Marsh and from the same And as to the number of Acres or partition of the Lands and Marshes c. within those limits except before excepted or of the certainty of the Land-holders and how much land every such Tenant had or held of the said Lands and Marshes within the said limits except before excepted the said Jurors did severally present the certainty thereupon according to the form and as it was contained in the Books of Sewers within those limits except before excepted then exhibited before the said Justices And thereupon the said Iohn Fogge Iohn Scotte and others to the number of eight of the said Justices forasmuch as upon their said view and inquisitions aforesaid made and taken in form aforesaid it evidently appeared to them that the said Lands and Marshes within those limits except before excepted were lyable to the danger of drowning by default in repâ—ir and maintenance of those Banks whereupon in short time inestimable damage might accrue unless a fitting remedy in that behalf were the sooner had and that all the Lands and Marshes within those limits except before excepted might very well be preserved and defended by the repair and support of those Banks and by the making of Sewers Ditches and Gutters in those Marshes from the danger of the Sea and the flouds of fresh waters to the great commodity of all the Landholders within those precincts except before excepted and that in default of such repair and support of those Banks and every of them all the lands and Marshes those excepted as aforesaid would be in peril of the Sea and easily overwhelmed to the inestimable losse of all the Landholders there whereby all those Tenants except before excepted ought equally to contribute to the cost and chardge of such repair and maintenance for the safeguard and defence of their lands and Marshes there from this peril and inundation viz. every one of them according to the proportion of what he held as his number of Acres and Perches of land there as in the said Marsh of Romeney according to the Ordinances Statutes and Customes thereof had and to that time used in the like case there had wont and ought to be done Considering besides that the said lands and Marshes lying within those limits except before excepted were never before setled under any certain and fit Statutes or Ordinances by any Authority for their secure defence and preservation And moreover forasmuch as the said King desiring seasonably to provide for the safeguard of this his Realm and chiefly for those parts upon the Sea-coasts in his Parliament held at Westminster the sixth of October in the xijth year of his reign and by divers prorogations continued till the first day of May in the xiiijth year thereof by the assent of the Lords Spiritual and Temporal sitting in the said Parliament at the Petition of the Commonalty of this his Realm then and there exhibited to him amongst other things ordained and constituted that several Commissions of Sewers should be issued out to sundry persons by the Chancelour of England for the time being throughout all the parts of this Realm where need should require according to the form of a certain Commission in a Statute made in the Parliament of Henry the sixth in Deed but not in Right King of England held at Westminster in the sixth year of his reign And that the said Commissioners should have full Power and Authority to make ordain and constitute Statutes and Ordinances and to perform all other things according to the power and effâ—ct of those Commissions as in the said Statute of the said xijth year published is more fully contained Whereupon the said King issued out his Letters Patents to the before-specified Sir Iohn Fogge and the rest of the Justices before-mentioned in form aforesaid the tenor of which Petitions and answers thereto and of the Statutes Ordinances and Customes of the said Romeney Marsh were contained in a certain Roll annexed thereunto Having also regard to the publick advantage and common profit aswell by virtue and authority of the said Statute published in the said xijth year as of the said Letters Patents as aforesaid hereupon made to the before-specified Justices in form aforesaid and other premisses that it would seem just and equal to them in this behalf and most consonant to reason to establish and ordain what should be most proper for the avoiding of the perils and damages abovesaid calling together such as the businesse concerned for the perpetual safeguard and preservation of the said lands and Marshes within those limits except before excepted by the assent aswell of all those Jurors of the Enquest aforesaid appearing before the said Justices who had lands within the limits aforesaid lyable to the said danger to be preserved in form aforesaid as also of very many Lords of Fees and other Land-holders there being on the said Friday at Lyde aforesaid in pursuance of the said King's Royal purpose for more advantage and lesse detriment the said Justices did provide make and publish certain proper and commodious Statutes and Ordinances for the King's people and especially for all the Land-holders in those grounds and Marshes within the said limits except before excepted not favouring any person therein to endure and be observed for ever as followeth First it was decreed and ordained by the said Iustices with the consent aforesaid that thenceforth and for ever there should be within the Lands and Marshes aforesaid within the limits aforesaid except before excepted two Bayliffs twenty four Iurats two Collectors and two Expenditors of the Land-holders within those limits except before excepted for the preservation safeguard and defence of the said Lands and Marshes except before excepted and of the Banks belonging thereto By the consideration of which said xxiiij Iurats ten or eight of them at least the said Lands and Marshes except before excepted ought to be governed kept defended and preserved from the peril of the Sea and inundation of the fresh maters by Banks
choakâ— up did endanger the drowning the adjacent Marshes and that the clensing thereof pertained to the heirs of the said Richard And lastly that there was a certain Sewer called Ozflete pasâ—ing from the water of S. Thomas unto the Thames stopt up also for want of clensing to the great annoyance of the Lands of Iohn Capsho and Robert Allard which Sewer ought to have been scoured by the said Iohn and Robert It was therefore ordained by the before-specified Justices that the said Sir Iohn le Latimer and the rest of the persons so presented as aforesaid should be distrained to make good the several repairs above-mentioned so belonging unto them In 26 E. 3. Will. Thorpe Iames Hâ—fee and Will. de Fifhide were appointed 〈◊〉 view and repair the Banks aâ—â—he Stewes and in other places adjaâ—â—â—â—â— by the breach whereof divers groundâ— and meadows lay then totally drowned And in 37 E. 3. Edmund Chelreye Thomas Morice and Michael Skillyng had the like appointment for those Banks neer the said Stewes which were opposite to the Mannour House of Iohn de Moâ—bray Before which Commissioners divers presentments were then made touching those Banks and Sewers neer the same Stewes where divers persons being found faulty paid fines to the King others acknowleged that they ought to repair them by the perch and others had made good what belonged to them to do whereof the Prior of S. Iohns of Ierusalem was one who had two Mills there and other lands to the value of xl per annum The like was certified of Sir Iohn de Moubray Knight and Elizabeth his wife daughter and heir of Iohn de Segrave In 42 E. 3. Iohn Lovekin Will. Taâ—ke Will. de Neudigate anâ— othâ—rs had the like assignation for the Banks c. extending from a place called Dâ—nielissewalle in this County of Surrey to Roddisâ—orne in Kent And in 48 E. 3. Robert Bealknap Will. Halden Roger Dygge and others for the same Banks betwixt Danyeleswalle and the Land of the Prior of S. Marie de Overe and about a medow called Croâ—chemede by which Commiâ—sion â—hâ—y â—ere directed to proceed according to the Law and Custome of this Realm of England In 4 H. 5. Iohn Pâ—eston Sir Iohn Dâ—ayton Knight Thomas Rothewell junior Thowes Drewe Richard Wydeforde and Thomas Coventre were constituted Commissioners for the view and repair of the Banks Ditches c. all along the Verge of the Thames on both sides from Reading to Oxford which were then broken in many places with appointment to proceed therein according to the Law and Custome of England The next year following Iohn Preston Iohn Martyn Iohn Corf Iohn Appulton Robert Skyrne and Nicholas Conyngston had the like Commission for those Banks c. betwixt Depford strond and Bermundsey wherein they were directed to act according to the Custome of â—he Marsh and the Law and Custome of this Realm In 22 H. 6. Sir Iohn Burcestre Knight Ricâ—ard Bamme Richard Comâ—e Will. Oâ—â—urne Adam Lynelord Iohn Martyn Iohn Malton and Will. Kyrton were assigned to view all those Banks on the side of Thames and marshes adjoyning aswell within the Lordships of South Lambehithe North Lambehithe Lambehithe mershe and Parysh-garden as in Southwerk Bermundsey Retherhithe Depford stronde Peckham Hacham Camerwell Stokwell Clopham and Newyngton in the Counties of Surrey and Kent which were at that time broken and in decay and to take order for the repair of them As also to make necessary Laws and Ordinances for the safeguard and preservation of them according to the Laws and Customes of Romeney Marsh And morâ—over to imprâ—st so many Diggers and Labourers to be imployed thâ—rein upon compâ—â—ent salaryes as should be necessary in respâ—ct of the great necessity at that time for the speedy dispatch of that work The like Commission and direction had Iohn Bamburgh Richard Bamme Richard Drax and Philip Leweston in 25 H. 6. for the Banks in the same Lordships and places And in 31 H. 6. Sir Iohn Burcestre Knight Richard Waller Esquire Will. Laken Philip Leweston and others had the like for the view of all the Banks from East-Grenewiche in Kent to Wandesworth in Surrey So also had the said Sir Iohn Burcestre Sir Iohn Cheyne Knights Richard Waller Esquire Will. Laken and others for those betwixt West-Grenewiche and Wandesworth aforesaid viz. to the Sluces callâ—d Harescluse Râ—therhithe Suthwerke Bermondsey Parysgaâ—dyn Lâ—mbehythe Lambehythe mersh Batersey Wandesworth Clopham Pekham and Camberwerwell The like Commission for the same Places and to proceed accordingly had Sir Iohn Bourgchier of Barners Knight Sir Iohn Burcestre Sir Iohn Cheyne Knights and others in 33 H. 6. So also had Sir Raphe Iosselyn Knight Mayor of the City of London Sir Walter Moile Knight Sir Iohn Burcestre Knight Nich. Gaynesford Esquire Iohn Wode and others in 5 E. 4. And likewise Sir Richard Fenys Lord Dacres Iohn Abbot of Bermundsey Henry Prior of S. Marie Overey in Suthwerk Will. Crosse Master of the Hospital of S. Thomas the martyr in Suthwerk and divers others in 14 E. 4. CAP. XV. HAving now done with the Marshes on the South part of Thames I come to those on the North side lying in the Counties of Midlesex and Essex beginning with Middlesex where the first mention I find of any thing in this kind is that in 26 E. 1. Robert de Retford and Henry Spigurnell were assigned to view and repair the Banks and Ditches in Stebbenhethe and the parts adjacent After this viz. on Wednesâ—ay next after the Feast of S. Martin the Bishop in 18 E. 2. there was an inquisition taken at the Hospital of S. Kathrines neer the Tower of London before Will. de Broke and Robert de Kellesey then the Kings Justices for view of the Banks Ditches c. lying betwixt the said Hospital and the Town of Chadewelle and for repair of the same before whom the Jurors did present upon their Oaths that a certain person of antient time Lord of the Mannour of Stebenhethe before-mentioned whose name they knew not did by his industry recover a certain Marsh there containing about an hundred Acres of Land which Marsh was then drowned by the overflowing of the Thames and at the time of the said presentment so made had Banks Ditches c. and did so lye betwixt the said Hospital and Shadwelle but through the want of their repair was then frequently overflowed and in divers places drowned to the great damage of the people in those parts Which Lord of the said Mannour of Stebenhethe did afterwards grant by Charter to certain of his free men xlij acres and a half of Land with the appurtenances severally by parcells to be held by them and their heirs by certain services for ever and to repair and maintain the said Banks Ditches Sewers c. viz. each man upon his own proper ground bordering on the said River of Thames of which xlij
distresses commanded him that in case he had so done he should return them back to the said Guardians and permit those Jurats to use their Customes and Liberties for the defence of themselves and others against the Sea as they ought and had wont to do lest farther complaint should be made thereof and that by him any peril might come to the said K. Kingdome because as the same Mandate expresseth they are ready to exhibit Justice to every Complainant according to their Customes to that time obtained and used and likewise to abide the Law as they ought and had wont to do if they had in any thing transgressed against those usual Customes By which precept he was moreover forbidden to make any future replevin by virtue of whatsoever Writ from the said King quia necessitas defensionis talis inopinata si venerit saith the Record legi communi vel justitiae subesse non poterit i.e. because the unforeseen necessity of such defence in case it should happen cannot be subject to the Common Law or Iustice Nay so tender was the said King for the preservation and security of this famous and fruitful Marsh that the next year following by his Letters Paâ—tents bearing date at S. Edmundsâ—ury the second of September directed likewise to the Shireeve of Kent making this recital viz. that because xxiiij lawful men of the Marsh of Rumenale elected and sworn for that purpose time out of mind ought to make distresses upon all those which have lands in the said Marsh for the repairing of the Banks and Water-courses thereof against the violence and danger of the Sea and upon all others which are obliged and bound to the repair of the said Banks and Water-courses he granted to those xxiiij that for the security of the said Marsh they should make those-distresses so that they were done equally according to the proportion more or lesse which each man had therein and according as some of them were obliged and bound And therefore commanded the said Shireeve that for avoiding of perill he should neither by himself nor his Bayliffs meddle with the distresses so made by the appointment of the said xxiiij Jurats Farther signifying that whosoever should make complaint to him upon consideration of the said distresses he would do him Justice in his own Court and reserve that Justice to himself or his own special Mandate But after this viz. in the 41 H. 3. it being represented to the said King by certain of his loyal Subjects that whereas time beyond memory judgements ought to be made by xxiiij lawful men of the Marsh of Romenalle to that purpose chosen and sworn for the distraining of all those which had lands in the said Marsh to the repair of the Banks aud Water-courses of the same against the force of the Sea and peril of inundation by other waters as also of all those who were otherwise obliged or bound to those repairs he the said King by his special Precept bearing date at Mertone the xvith of April directed to Henry de Bathe a famous Justice Itinerant of that time reciting his Letters Patents next above mentioned with the power thereby given to the said xxiiij Jurats touching the taking of distresses as aforesaid and signifying that the said xxiiij Jurats having had opposition and resistance by certain persons of the said Marsh who were obliged to the repair of those Banks and Water-gangs according to the quantity of the lands which they had therein were not able to make the before-specified distresses Whereupon the said Banks and Water-gangs being not repaired the inundations from the Sea and other waters overflowed this Marsh to the inestimable damage of the said King and the Inhabitants thereof Being therefore desirous to provide for his own Profit and Indempnity and the men of the said Marsh he constituted the said Henry de Bathe his Justice to hear and determine the controversies touching those repairs risen betwixt the said Jurats and the Marsh-men who were so obliged to the same repairs according to the quantity of their Lands and Tenements lying therein and according to what some men were otherwise bound or obliged commanding him that at a certain day and place to be by him appointed he should be in those parts to hear and determine the said controversies and to provide for the security and defence of the said Marsh as aforesaid And moreover to signifie in writing distinctly and plainly unto him the said King what he had done therein that the same might be inrolled And directed likewise his Mandate to the Shireeve of Kent that at a certain day and place to be assigned by the said Henry he should cause such and so many honest and lawful men of this Bayliwick to come before him by which persons the said differences might be the more fitly determined and provision for security of the said Marsh the better made And that the said Shireeve should personally assist and attend the said Henry therein as he the said Henry on the said King's behalf should enjoyn him By authority of which Precept the said Henry de Bathe with his associates viz. Nicholas de Hanlou and Alured de Dene sate at Romenhale upon the Saturday after the Feast of the Nativity of the Blessed Virgin in the said xlii year of King Henry the third before specified to which place the said Shireeve of Kent his assistant by virtue likewise of the said Writ then brought thither so many and such lawful men of his Bayliwick as aforesaid by whom these differences might be determined and provision for the safety of the said Marsh the better made And the said Henry at the request of the Councel of the Commonality of the said Marsh then and there likewise being and none of the Marsh-men gain-saying it made and constituted these following Ordinances viz. That twelve lawful men should be made choice of by the Commonality of the said Marsh viz. six of the Fee of the Archbishop of Canterbury and six of the Barony who being sworn should measure both the new Banks and the old and those other which ought to be new made the measure to be by one and the same perch scil of xx foot And that afterwards the said Iurats should likewise according to the same perch measure by Acres all the Lands and Tenements which were subject to danger within the said Marsh. And all the said measure being so made that then xxiiii men first elected by the Commonality and sworn having respect to the quantity of the Banks of those Lands which lay subject to peril upon their oaths to appoint out every man his share and portion of the same Banks which should so belong to him to be made and sustained so that according to the proportion of the Acres subject to danger there should be assigned to every man his share of perches and that the said assignation should be made by certain limits so that it might be known
his Heirs and Successors and in all other Courts and places whatsoever Which said Bayliff and Jurats to be elected in like manner and form as also exercise their Offices and be displaced from them as heretofore it was wont and accustomed to be in the said Marsh. And moreover that the said Bayliff Jurats and Commonalty and their Successors shall have a certain Court before them the said Bayliff and Jurats of the said Marsh for the time being at some certain convenient place within the same to be held from three weeks to three weeks for ever And have full power and authority to hear and determine in the said Court by Bills of complaint therein all and singular Pleas of Debts Accompts Covenants Contracts Trespasses by force and Arms or otherwise in contempt of the said King or his Heirs with many other Liberties and Privileges of which for brevity I omit the rehearsal referring my Reader to the Record it self if he desire to be farther informed therein And likewise the said King for himself and his Heirs then granted to the said Bayliff Jurats and Commonalty and their successors that they shall from time to time have power to make reasoable Ordinances and Constitutions of good credit and consonant to reason for the common good of the said Marsh as also for the sound and wholsome Government thereof and for the common profit of the Inhabitants and residents therein to make use of them and put them in execution within the bounds and limits thereof And likewise to change them and every of them for ever as they shall see best And that the said Bayliff Jurats and Commonalty and their successors for the necessities and profits relating to the said Marsh shall amongst themselves assess and levy Taxes and lay impositions upon the Goods Lands Tenements and Merchandizes of the Inhabitants and residents being within the bounds and limits of the said Marsh and otherwise as it shall seem best to them without the letâ— or impediment of the said King or his heirs or his or their Justices or other their Officers whatsoever And moreover granted to the said Bayliffs Jurats and Commonalty and their successors that none of them or of their heirs and successors thenceforth should be put or impanelled in any Assizes Juries Recognitions Attaints or any other Inquisitions whatsoever out of the bounds and limits of the said Marsh nor to be compelled to go out of those bounds or limits to travail on any Juries Inquisitions Assizes Recognitions Attaints or matters whatsoever though they concern the said King or his Heirs Nor that any of them shall be made an Assessor Taxer or Collector of Tenths Fifteens or any parcell thereof or of any other Chardge Subsidy Tallage c. whatsoever CAP XII HAving now done with Romney marsh I come to East Kent in which the first thing observable wherewith I have met is that the K. Edw. the first by his Letters Patents bearing date at Westminster xvio Maii in the thirteenth year of his reign making mention that he had granted license to his Barons of Sandwich for the digging of a certain Trench over the lands lying betwixt Gestlinge and Stonflete and from Stonflete to the said Town of Sandwich to the intent that the passage of the water called Northbroke which was at Gestling should be diverted so that it might run to Sandwich for the perpetual commodity of that Town and his Barons thereof he the said King assigned Solomon de Rochester and Roger de Norwode to enquire by the Oaths of honest and lawful men of the County of Kent in what place the said Trench and over whose lands and to the least damage of the said Landholders it might be most fitly made As also to provide and take care that the same Trench and turning of the said water should be so done that the owners of those Lands over which it was to passe might be satisfied for the hurt they should receive thereby before the work was begun About three years after the said King directing his Precept dated at Tuttebury the xvijth day of November in the 16th year of his reign unto Edmund de Passele Iohn de Ifelde and Stephan de la Dane and therein expressing that by reason of the defect in repair and support of the Banks Ditches c. on the Sea-coasts and adjacent Lands lying in the parts of East-Kent very great damage through the violence of the Sea and overflowing of the fresh waters had hapned and that greater would ensue unlesse some speedy remedy were applyed for prevention thereof he constituted the said Edmund Iohn and Stephan his Justices to supervise and take care thereof By virtue of which Precept the Shireeve of Kent was commanded to bring before the said Justices at a certain day and place xxiiij aswell Knights as other honest and lawful men of the Vicinage of Monketone and Menstre in the Isle of Thanet and to enquire of the premisses At which day he accordingly returned his Writ and brought before them Iohn Fryday Roger Belringer and others who being sworn to take view of the defects in those Banks Ditches Gutters and Sewers in the Marshes of Monketone and Menstre and to certifie unto the said Justices through whose default those damages had hapned they answered that they knew not except it were by the boysterousnesse of the Sea and the flouds of fresh waters And being asked when the said Banks and Ditches were so destroyed and who ought and had wont to repair them They said upon their Oaths that when the Sea-bank was new made all the men that had lands lying within the danger of inundation whether they were neer or remote and who had preservation by the same Bank did contribute according to the proportion of what they held for a certain time to the making and reparation thereof And after the making and first repair of the same those then who had lands adjacent thereto did at their own costs repair the same defects which afterwards hapned and not any others And having perused the Ordinances of Sir Henry de Bathe Iohn de Lovetot and other Justices their associates which were approved and confirmed by the King in which Ordinances it was expresly contained that all persons having Lands or Tenements or common of Pasture or Fishing or that had defence and preservation in any sort or might have by the Banks Ditches Gutters Sewers c. in those Marish grounds ought to contribute according to the quantity of their said Lands and Tenements either by number of Acres or by Carucates according to the proportion of their said tenure not only to the new making of the said Banks Ditches c. but to their repair and support as often and whensover need should require Whereupon it seemed meet to the said Justices that not only they who had grounds lying neer to those Banks but also they who held lands situate within the before-specified Marshes of Monketone and Menstre whether neer
support of the Banks of the Marshes called Estmersh and Becard and of divers other Marshes which lying within those limits except before excepted served for the defence and safeguard of the same Land and Marsh from the peril of the Sea and inundation of the salt water were through the violence of the tides and overflowings of the fresh waters running to the Sea broken in many places so that inestimable losses would very likely happen in a short time unlesse a speedy remedy were taken By reason whereof by virtue of the said Letters Patents the Shireeve was commanded that he should not neglect for any Liberty but cause xxiiij aswell Knights as other honest and lawful men of this County by whom the truth might be the better known to come before the said Justices at Apuldore in the said County on the Thursday before the Feast of the holy Trinity then next ensuing to enquire and make certificate to the said Justices concerning the Premisses and touching other Articles and circumstances specified in the said Letters Patents and lastly to do and receive what should be enjoyned them on the said King's behalf At which day came before the said Iohn Fogge Iohn Scotte Will. Haute Iohn Elryngton Iohn Brumstone and Iohn Nethersole six of the before-specified Justices at Apuldore aforesaid William Brent who prosecuted for the King in this businesse And Richard Haute then Shireeve of Kent made return of the said Precept to him directed executed together with two several Panells affixed thereto containing the names of the Jurors to enquire in form aforesaid All which being performed as of right it should be Robert Godfrey Thomas Ieffe Will. Hikke and others of the first Panell made their appearance and being severally sworn as is evident by those Panells and charged to enquiâ—e of the premisses and not being agreed on their Verdicts did severally request a farther day for the delivery up thereof to the intent they might in the mean time make more diligent enquiry of the premisses and then present the same before the said Justices All which upon that their desire and by the assent of the before-specified VVill. Brent then the said Kings Attorney in this businesse was granted and thereupon a day was given to the said Jurors to come before the said Justices at Lyde in this County upon the Friday then next following And the said Jurors were then advertised that they should in that interim enquire diligently of the premisses and then to appear severally to deliver their Verdict each man upon the penalty of xls. Upon which Friday the said Sir Iohn Fogge and the other Justices last mentioned did all of them personally go to the said Land and Marsh to take view of the Banks lying within the before-specified limits touching the danger whereof the said Justices had received information as aforesaid And then and there the Bayliff and divers of the Jurats of Romeney Marsh mentioned in the said Letters Patent as also other discreet persons to apply a fit and proper remedy for avoiding this danger and losse being expert men in the Statutes Ordinances and Customes of the said Marsh as also very many others who had and might have by those Banks safeguard and defence for their Lands within the said bounds except before excepted and then and there in their presence did take deliberate and diligent view of all those Lands and Marshes aswell at a distance as neerest to the danger and likewise of all the Banks and whatsoever else was necessary for the safeguard and preservation of those Lands and Marshes and did then desire of the before-mentioned Bayliff and Jurats of the said Marsh of Romney and of the other discreet and expert men advice and counsel for applying a fit and speedy remedy in this behalf And afterwards on the before-specified Friday at Lyde aforesaid came the said Will. Brent who then prosecuted for the King in this businesse before the said Sir Iohn Fogge and the rest of his said fellow Justices before named And aswell the said Jurors of the first panell as those of the second being impanelled in form aforesaid as also sworn and chardged to enquire of the premisses came and severally said upon their Oaths that in the said Lands and Marshes within those limits before mentioned except before excepted the wall of the Marsh of the Becard called Becard Wall leading from the Marsh called the Kete unto the Marsh of Estmarsh And also the Bank of the said Marsh called Estmarsh Wall leading to the Ree Wall were defective and stood in need of repair for resisting the Sea and salt water And if that the salt water of the Sea should enter on any part of the said Banks or in any place from thence to Holmystone aforesaid which is at the East part of the Bank called Newe Wall lying betwixt the Sea and the Land of Promhill aforesaid and that a resistance thereof could not be easily made all the Lands and Marshes before mentioned situate within the precincts before-specified except before excepted touching the danger whereof information was given in form aforesaid unto the said Justices would be in a very short time overflowed with the salt water to an inestimable damage And the said Jurors did likewise severally expresse that it would be proper for the safeguard and defence of all those Lands and Marshes except before excepted called Becard Wall and Estmarsh Wall to be sufficiently repaired as soon as conveniently could be and continually sustained against the violence of the Sea Storms and Tides lest the salt water should get in at any of them and thereby all these Lands and Marshes except before excepted be drowned And they farther said that it would be very expedient that the said Bank called Newe Wall which is without the said Banks called Kent Wall and Simonds Wall and within the bounds aforesaid except before excepted should be sufficiently repaired as soon as might be to withstand the rage of the Sea storms and Tides for the defence of the said Banks called Kent Wall and Simondes Wall and afterwards continually maintained for prevention of the peril of the Seas inundation whereunto those Lands and Marshes were subject And likewise the said Jurors in form aforesaid sworn and severally chardged did say upon their Oaths that it seemed to them expedient that the Lands and Marshes called Cheyncourt Seynt Thomas Innyng and White kempe which were within those precincts and lyable to the said danger should be drayned by one Sewer in the Land of Thomas then Archb. of Canterbury at Rounde mershe running into the Sea where the Gutter then was and that there should be made in that place Sluces and Gutters fit and proper for that purpose And that there should also be Bayliffs Jurats and other Officers within the said limits except before excepted for the view and conservation of the Marish grounds and Banks within those bounds except before excepted And that there should be had for every Sea-bank there a
Passelewe and the said Simon sold them to one Cecelie de Lancaster And she the said Cecelie granted the said whole Lordship together with the Rents and services before mentioned to the Church of S. Leonard of Stratford and to the Nunns there serving God to hold in pure Alms And so the said Prioresse then had and possessâ—d the said Lordship together with the Rent and service aforesaid And she farther alleged that the said Robert le Ku whilst he lived and held those Lands and Hope alway repaired that Bank And after his decease the said Bank and Hope descended to Ioane his daughter and heir who was wedded to one Will. de Rokesle in whose time all the said Hope by a great inundation of the Thames was wholly destroyed and drowned And the said William then considering that the chardge of repairing of that Bank would much exceed the profit of the said Tenement wholly relinquisht all that Tenement and would not meddle any more with the said Bank and so the said Bank lyes unrepaired And she alleged moreover that the said Prioresse only received of her Tenants of those lands in that Marsh of the said Fee of Covele a certain Rent of xiiijs. over and above the service due and accustomed to the said Iohn de Handlo then chief Lord of that Fee and that she was ready according to the quantity of that Rent to contribute to the repair of that bank and therfore required justice to be done to her in the premisses And hereupon came the Abbot of Stratford by his Bayliff as also Iohn de Brumpton and Thomas le Bret in their proper persons and as Tenants of the lands in the said Marsh lying within the danger of the same bank alleged that the said Prioresse did unjustly prosecute that Writ forasmuch as she thereby endeavoured to excuse her self from the repair of the same Bank and to lay the burthen thereof upon the said Abbot and others They also alleg'd that the said Prioresse and all her Predecessors from the time that the said Lordship of the Fee of Covele came to their hands did use till that very time to make and repair the said Bank and that as often as they refused so to do they were ever thereto compelled and this they said they were ready to prove whereupon they required judgement And the said Prioresse saying as she did before added that forasmuch as she had been thus disquieted and molested by grievous and intolerable distresses she then did complain and brought her action and as before she did so she still required remedy acccording to the Precept of the said King Whereupon the said Justices having heard her complaint in this businesse and having respect to the said Kings Precept were willing to enquire and be informed touching the premisses and therfore yielded that an Inquision should be taken which was accordingly done by the said Iohn de Dakenham and his fellow Jurors who said upon their Oaths that there had been time out of mind and then were certain Lordships in the Town of Westhamme viz. the Lordship of Handlo the Lordship of Lancastre the Lordship of Placetz and the Lordship of the Prioresse of Stratford and that antiently all the Lords of those Lordships met together and agreed amongst themselves that each Lord should have a certain part of the Bank of Thames belonging to his Lordship And they said that to the Lordship of the said Prioresse there was assigned a certain parcell of that Bank now called Priores-Wall and that the said Prioresse was obliged to make and repair the same Bank at her own proper chardges in such sort as the other Lords before-specified are theirs And they said farther that the defects then in that Bank might be made good for Cs. And the said Prioresse having heard the verdict of the said Jurors alleged that they had not in any thing made answer to what they had in chardge Whereupon she required that they might make a further answer And therefore because the said Justices were not satisfied that the above-mentioned verdict was sufficient for them to ground any judgement upon by the tenor of their Commission they appointed that the said Jurors should appear before them again and have a new chardge for a better enquiry Whereupon they the said Jurors together with Nicholas le Forestere Richard le Saltere c. also sworn and associated with them came and said upon their Oaths that the said Iohn de Covele long ago viz. in the time of King Henry the third held xliij Acres and a half of Land in the marsh of West Hamme together with the said Bank now called Prioreswall which was then called Coueles-wall as also with a Hope adjoyning which Land and Hope were then wholly chardged with the making and repair of the said Bank And that afterwards the said Iohn long before the Statute of Quia emptores terraram c. being so seized demised all the said Land particularly to divers Tenants to be held of him the said Iohn and his heirs by certain services to be performed to him and his heirs for ever and that then he reserved to himself the said Bank and Hope together with the chardges of the same Bank and that he afterwards dimised the said Bank and Hope to one Robert de Ku to hold for ever because that the said Hope did then afford Pasturage for ten Kine yearly in Summer time And that afterwards the said Iohn did totally alienate all those his services together with all his Fee and Lordship of all his Tenants and their Tenements unto one Simon de Passelewe And that afterwards by divers alienations so made from hand to hand the same services with the whole Fee and Lordship aforesaid came to the hands of the said Prioresse who did then enjoy the said services and so likewise the said Fee and service of all that Land And they farther said that the before-specified Robert le Ku whilst he held the said Banks and Hope did undergo the chardge of the said Bank all his time as aforesaid And that after his decease the said Bank and Hope came to the hands of one William de Rokeslee and Ioane his wife daughter and heir of the said Robert in whose time by reason of an extraordinary floud of the Thames it was much spoiled and almost drowned so that the said William and Ioane considering the chardge of the Bank to be great and that they should not for the future receive any more benefit of the said Hope forasmuch as there was little of it left they wholly relinquished the said Bank and rendred it into the hands of the same Prioresse then Lady of that Fee as aforesaid And hereupon the said Jurors being asked whether any part of the Hope did then remain or not they answered that there did not And being farther asked who were then the Tenants of the said Lands which had so belonged formerly unto the said Iohn de Covele and they said that Iohn
them But within the sâ—ace of two years following they were all thrown down again and the stones carried away by the men of Kesteven Whereupon a Commission was granted and sate at Donington on Thursday next after S. Matthew's day in 17 R. 2. by Robert Lord Willughby and others to make enquiry and to punish the offenders sundry whereof were therefore hang'd some baniâ—hed and some fined in great sums and command given for erecting new Crossâ—s of stone at the chardge of these men of Kesteven In 10 H. 4. Iohn Earl of Somerset brother to the King Will. Lord Roos Robert de Tame Iohn de Holand de Welysthorpe with others were constituted Commissioners for the view and repair of all the Banks Ditches c. both upon the seacoast and elsewhere within this province of Kesteven and to proceed therein according to the law and custome of the Marsh there before that time used and the law and custome of this Realm In 7 H. 5. there was a Prâ—sentment exhibited against the town of Brunne with the hamlets of Dyke and Calthorp and against the Town of Morton and Hermethorpe for turning the fresh waters towards the North which ought to run Eastwards into the Sea But notwithstanding the boundaries betwixt these Provinces of Kesteven and Holand so set forth as hath been said I find that Margaret Countess of Richmund and Derby being Lady of Deping in 16 H. 7. did then procure a new Commission directed unto Robert Lord Willoughby Thomas Lord Rosse Thomas Lord Fitzwalter George Lord Hastings Iohn Lord Fitz Warren Sir Robert Dimock Sir George Taylboys Edward Stanley Christopher Willoughby and Reginald Bury Knights to hear and determine the controversy between the Inhabitants of the parts abovesaid Which was accordingly done by these Jurors viz. Sir Robert Hussey Knight Sir Iohn Digby Knight Sir Iohn Thimelby Knight Thomas Dimock Richard Thimelby Richard Harington Will. Erminâ— Will. Mounson Iohn Bâ—ssy George Asâ—â—â—y Robert Tirwhit Richard Cecill Iohn Bâ—llâ— William Fitzwilliam Iohn Folâ—ingham Will. Leigh Thomas Desney Richard Grantham Edward Askew George Mackwoâ—th Thomas Billesby Will. Thorold Will. Enderby and Iohn Walcot Esquires CAP. XLIII HAving now done with what concerns the Province of Kesteven alone I come to it and Holand joyntly whereof the first mention that I have met with is of the afforestation made by King Henry the first in these parts which continued not long for it appears that King Richard the first about the beginning of his reign by his Charter to the Monastery of Spaldyng of the Towns of Spalding and Hinchebec with the lands waters and Marshes to them belonging did acquit the Inhabitants of those places from all duties belonging to the Forest as also of Harts and Hindes with all other wild beasts and of all Forest Customes and exactions which had used to be there do â—e or required so that no Forester or any other might thereupon vex or disquiet them And moreover gave them License to make Banks and Ditches to inclose their Lands and Marshes as also to build Houses and exercise tillage as they themselves should think fit within these particular metes and bounds viz. betwixt the river of Wailand and Chelebeche in length and from Midfen dic which is the division betwixt these two Provinces of Kesteven and Holand and Gudramesend which is the boundary as far as Saltene in bredth and Hasmanespade as the said river of Wailand coming from Crouland descendeth to the Sea From this deafforestation abovementionâ—d I shall descend to King Henry the third's reign in whose time I find that there was a Precept directed to the Shireeve touching the partition of Hauthuntre-Fen by the consent of those that had right therein whereby the said King gave special command that each Town might have their due proportion thereof assigned to them but in the first place that a Perambulation should be made by the Oath of xij lawful and discreet Knights betwixt it and the Fen called Fenting fen viz. in length from the Town of Swinefheved to a little rivulet called Barkesmere and so from the Marsh of Stevening as Barkesmere goeth betwixt the said Fen called Hauthundrefen and the Marsh of Hale unto the river of Kime and so in length by the said river of Kime to Dockesdike and from thence by the water Wuna to certain land of Boston And that so soon as the said Petambulation should be thâ—s accomplisht then to make partition of the before mentioned Fen by the Oaths of those Knights in such sort as each Town might have an assignation of their particular share to dispose and make improvement of the same according to their own best liking After this viz. in 44 H. 3. the King then directing his Precept to the Shireeve of this County whereby taking notice that not only the Landholders in those parts but himself had suffered inestimable damage by the overfloâ—ing of the Sea and likewise of the fresh waters through the default in repâ—ir of the Banks Ditches Gutters Bridges and Sewers in the lands which lately belonged to William Longespe in these parts of Kesteven and Holand he commanded the said Shireeve forâ—hwith to distrain all such Landholders who had safeguard by those Banks and Ditches and ought to repair them according to the proportion of their lands to the end that they might be speedily repaired in such sort as they ought and had used to be And in 23 E. 1. Adam de Crokedayk and W. Inge were constituted Commissioners to view the Banks Ditches and Sewers in these Provinces and to see that the currents of fresh waters in the Marshes thereof might have their due and antient passages as they had wont to have In 9 E. 2. Lambert de Trekyngham Roger de Coppeldyk and Robert de Malberthorp being then constituted the King's Justices of Sewers for these parts sat at Boston upon the Tuesday next after the feast of the Exaltation of the holy Cross there to make enquiry by the Oaths of good and lawful men what persons of this County of Lincolne had used to repair and maintain the Banks Ditches Gutters and Sewers within the fens of Kesteven and Holand and other places thereabouts as also the floudgates by which the fresh waters that had used to run from the parts of Kesteven into the said Fens were hindred from so doing and by whom the said waters were turned out of their right and due courses as also in what sort Whereupon Sir Will. d' Autre Knight Iohn de Holand and several other persons of quality being sworn did upon their Oaths present That the Town of Danington ought and had used to repair the Causey of Holand with little Bridges and Ditches on each part of the same from the said Town of Donington to the new Ditch And from the said Ditch unto the Chapel of S. Saviours the Prior of S. Saviours to perform the like repair there being at that time great defects
common of Pasture or fishing neer the same bank nor any safeguard or defence thereby but that for their Lands and Tenemâ—nâ— they thâ—n did and of antient time had repaired a certain bank called Blake diche by which they had benefit and preservation Nevertheless at the prâ—sâ—cution of the Inhabitants of Tilney wâ—o ought and had alwaies used to repair and maintain totally the banks câ—â—led Hâ—ddich under colour of an Inquisitioâ— touching certain things which were amiss in those parts taken â—efore them the said Commissioners they did adjudge a certain part of that bank to be repaired and maintained by the saiâ— men of Ilsingtone whereupon they were distrained so to do The said King tâ—erefore being desirous that all parties should have right done to them therein required the before specified Commissioners to transmit the whole proâ—ess of their doings therein unto him in the xv of St. Iohn Bapt. then next following At which day both the men of Islington and Tilney came but the hearing thereof was then respited till the Octaves of St. Michael and at that time did Thomas atte Lache one of the Inhabitants of Tilney appear accordingly but they of Ilsington appeared not therefore the men of Tilney had execution of what had been decreed by the before mentioned Commissioners At the same time there was complaint made to the King on the behalf of the Abbot of St. Edmundsbury that whereas he the said Abbot held certain Lands in Tilney and Ilsyngton which had antiently belonged to that Monastery and notwithstanding that every Landholder there and in the parts adjacent ought to defend their own proper grounds at their own peculiar charge against the force of the Sea and make and repair certain banks for their better preservation by the appointment of the Justices of Sewers and likewise by custom nevertheless certain men of those parts having an aim to alter that their custom and to compell the said Abbot and câ—rtain others who to their great charge did make and maintain the banks against their own Lands to contribute likewise in common to the repair of all the other banks had procured certain Justices of Sewers to view those banks which they did accordinglyâ— not giving notice to those complaynants the said King therefore by his Writ directed to Henry le Scrope and his fellow Justices of the Kings Bench required them to take the business into consideration and in case they should finde that the before specified information was true then to discharge the said Abbot and the other persons concerned therein In 5 E. 3. Iohn de Cantebrig Will. Lovell Walt. de Glemesford and Iohn de Waltham were assigned to view the banks and ditches in these parts of Mersh land and to take order for their repair The like appointment in 7 E. 3. had Simon de Drayton Will. Lovell Will. de Dunton and Peter Fitz waryn In 9 E. 3. at a Session of Sewers held at the Church of Wigenhale St. Mary upon the Monday next after the Clause of Easter before Iohn Howard the elder and other Justices the Jurors presented that the safeguard of the whole Town of Tilney and Islington was one and the same and that all the Lands and Tenements and the holders of them as also of common of Pasture and fiâ—hing there were equally secured and defended by the Banks Ditches and Sewâ—rs belonging thereto from the inundation of the Sea and flowing of the fresh waters And they said that in the dayes of K. Edward the first there was an equal assignation made to the Inhaitants and Tenants of these Towns according to each mans proportion of the banks ditches and causeys belonging thereto by Will. de Carleton and his associats then Justices of Sewers at which time the charges were easy but then through the raging of the Sea and flouds of fresh waters very heavy and grievous to bear As also that the said charge was then so unequally assessed that some persons were burthened more by an hundred fold considering their proportions of Land than others whereby they were so impoverish'd that they were not then able to contribute any farther to these repairs and that by their decay much damage had already accrued there and more was likely to happen if speedy remedy were not had Wherefore they said that of necessity there ought to be a new Agistment made of the said banks and ditches and an assignation of a fit proportion to each man for the maintaining whereof they might be continually compell'd And they said moreover that the ground whereupon the Ditches and Banks stood betwixt Edyensgole and the East corner of the Tenement of Iohn de Engaldesthorpe in the Freth within the said Towns of Tilney and Ilsington was daily torn up by the boysterous Sea tides and flouds of fresh waters insomuch as the said banks could not be preserved in any sort by that Agistment to defend the said Town from drowning therefore they said that for safeguard of that Town there must of necessity be made certain Kays and four or six Schrops betwixt Edyensgole and the said corner at the charge of all the Landholders throughout the whole Town And they ordained that whereas by reason of the like danger in another place between Knight's gole and the gutter called Cattesback dole the Sea banks would not be sufficient to defend the Town from drowning there should be made forthwith certain Kays and Schrops at the charge of the whole Town and and that no bank should be thrown down towards the River betwixt those Goles in any place but where they then were untill by assessment they could be maintained at less charges And that the whole bank and chanel of the river betwixt the said gutters be made and if need required raised two foot higher so that it should contain xiii foot in bredth at the top and at the bottom a thickness proportionable thereto And they also said that the banks upon the river side betwixt Skalys gole and Cattesbak were grown so narrow towards the bottom by reason of the often sinking down of the Earth that the Cart way which is of xxiiii foot in bredth towards the said banks and ditches for the whole length thereof was by those banks and ditches totally interrupted and stopt whereupon they ordained as before that time it had been that xxiiii foot of ground should be added thereto from the Land next adjoyning And they farther said it was necessary that all the Sewers and Gutters great and small as also the common Bridges in Tilney and Islington with the gutters of Sibley and at the Mill sometime belonging to William de Fen upon the Fen ditch in Tilney should be continually repaired at the charges of the whole Town as often as need should require with the help of the Town of Tirington and for scouring the Sewers of Wesenhamdale in Tilney to the gutter called Scales gole and to make and maintain the same gutter continually which said assistance did
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
distringendum per amerciamenta alio modo prout c. All which was by the Authority of the Common law id est the antient usage of this Kingdome as the learned Sergeant Callice well infers from the words dignitatis suae Regiae all Prerogatives being without limitation of time Now for the Statutes The first of these was in 6 H. 6. and this adds to the power of the said Commissioners for it gives them Authority to make Officers to take Accounts of their Expenditors to set Labourers on work and to rate the wages of such Labourers Then that of 8 H. 6. Cap. 3. which supplying the defect of the former grants power to the said Commissioners to ordain and execute the Statutes Ordinances and other things to be made according to the effect and purport of the said Commissions Next that of 18 H. 6. Cap. 10. which continueth the power of that Statute of 6 H. 6. for ten years longer the time first limitted therein being then expired Then that of 23 H. 6. Cap. 9. prolonging that of 18 H. 6. to xv years more Next that of 12 E. 4. Cap. 6. which not only addeth the like number xv years more thereto but enlargeth it to the Marches of Caleis Guynes and Hammes on the borders of France and Flanders Then that of 4 H. 7. Cap. 1. prolonging that of 12 E. 4. to xxv years more Likewise that of 6 H. 8. Cap. 10. ratifying the former Acts and giving power to the Lord Chancellor of England for the time being to grant out Commissions of Sewers into all parts of this Realm Next that of 23 H. 8. Cap. 5. in the Preamble whereof there are these words viz. the King nothing erthely so highly weighing as advancing of the CommoÌ„ profit wealth and Commodity of this Realm Whence saith the before-specified learned Sergeant it appeareth that the making of this Law was of all other thought to be most necessary and of greatest consequence the King preferring the same before any earthly thing and the King's care therein became his Royal person very worthily because by this Statute safety was brought to the Realm and wealth and profit to the people thereof In that Preamble 't is likewise observable First that Marshes and low grounds had formerly been by politick wisdome won and made profitable for the good of the Common-wealth Secondly that if more speedy and further remedy were not had and provided though divers provisions had been formerly made yet none of them were sufficient remedy for reformation thereof And thirdly that power is given thereby to six Commissioners of Sewers whereof three to be of the Quorum to take any man's timber c. to be used therein and to set the price thereof as also to sell any mans Lands nay the King 's also or part thereof in fee or for what other term they pleased All which being confirmed by the King 's Royal assent had thereunto are not to be repealed but by Act or Parliament and makes them therefore an absolute Court to hear and determine all things concerning Sewers After this about two years viz. 25 H. 8. Cap. 10 there was another Statute which extendeth this last Commission to the Town and Marches of Caleis and imposeth a penalty of five Marks upon every Commissioner who shall refuse to be sworn according to the Act of 23 H. 8. Then that of 3 4 E. 6. Cap. 8. which taking notice how beneficial the Statute of 23 H. 8. had been to this Realm ordained that it should continue with these additions thereto for ever viz. that all Skots Loâ—s and summs of money thenceforth to be rated and taxed upon any of the King's Lands his Heirs or Successors for any thing concerning the Articles of the said Commission of Sewers should be gathered and levied by distress or otherwise in like manner and form as should and might be done in the Lands of any other persons And that no Commission of Sewers should thenceforth have continuance for above five years after the date thereof Next that of 13 Eliz. Cap. 9. which authoriseth the Commissions of Sewers thenceforth to stand in force for the term of ten years next after their dates unless they were repealed by reason of any Commission or by supersedeas And lastly that of 3 Iac. Cap. 14. which comprehendeth the Walls Ditches Banks Gutters Sewers Gates Causeys Bridges Streams and Water-courses having their passage into the River of Thames and within two miles of the City of London as subject to the Commissions and Statutes of Sewers and to the penalties of the same To these for removing of some scruples touching the power of the Commissioners of Sewers for erecting of new Sluses and for making new Cuts and Drayns where none were before I shall add the opinion of those two Chief Justices viz. Popham and Anderson men famous in their times for their learning in both these Cases and which is observed by the before-specified Serg. Callice in his said Reading upon the Stat. of 23 H. 8. As also of Sir Henry Hobart Knight Attorney general to King Iames. In 43 44 Eliz. a great controversy did arise in the County of Lincoln about the erecting of two new Gotes at Skirbeck and Langare for drayning the waters of South Holland 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 Kefâ—even and they 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 these new Gotes where never any stood before Whereupon the decision of this point coming at length before the then two 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 this Statute The like controversie arose in 12º Iacobi in the Counties of Cambridge Huntingdon and Northampton about the making of new Cuts and Drayns in the Isle of Ely by the power of the Commissioners of Sewers which being much opposed the businesse came in the end to be heard before the King and the Council Whereupon the said King by the advice of his Council upon mature deliberation comparing the undue proceeding of those who had disturbed his Commissioners of Sewers in those Counties with the antient Laws of this Realm as also with the constant practice of antient and later times and the opinions of the Lord chief Justice Popham delivered in writing very exactly and fully upon the said Questions touching the power and authority of the said Commissionersâ— it being objected 1. that the Commissioners had no power to raise new Banks Drayns or Sluses where there had been none before 2. that they might not lay the Tax upon Hundreds Towns or the Inhabitants thereof in general but upon
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
said Banks and Water-gangs whereupon he required judgement And he also said that after the said Ordinance the said Godfrey and his Tenants gave one Mark towards the repair of the said Banks and Water-gangs before he the said Hamon was Bayliff And that this he was ready to justifie To which the said Godfrey answered that he held himself to the before-specified Charter of King Henry And to the liberty which he and his Ancestors had used against which no Ordinance made by the said Henry de Bathe could or ought to do him harm And stood upon it that neither himself nor any by him had given ought either before the said Ordinance so made or afterwards and that this he was ready to justifie After which on the morrow after the feast of S. Martin in the xlii of H. 3 came the said Godfrey Hamon and others And the Shireeve had command that he should bring xii aswell Knights as others having no lands in the said Marsh on the morrow three weeks after Easter by whom the truth might be the better discovered to enquire whether the said Godfrey and his Ancestors after they had their land of Hurst of the gift and grant of the before-mentioned King Henry had wont to repair the said Banks and Water-gangs together with others that had lands in the said Marsh and to contribute with them for their repair when need should require Whereupon the said Godfrey by a certain Ordinance in which he acknowledged before the said Henry de Bathe whom the King had sent to that end that though he gave a Mark to the repair of the said Banks and Water-gangs before the said Hamon was Bayliff of the said Marsh as they the said Hamon and Iohn did affirm yet he apâ—pealed whether himself or his Ancestors were not quit of the said repairs and payments thereto by the Charter of King Henry Grand-father to the then King forasmuch as he did not consent to the said Ordinance nor ever gave any thing to the repair of those Banks and Water-gangs as he affirmed But the Shireeve not making his Precept as above-said was amerc'd and another VVrit directed to him to summon the said xij men to appear c. the morrow after the Feast of the Holy Trinity At which time the said Godfrey Hamon and others came and required that judgement should be done according to the Record and processe upon the before-specified Plea VVhereupon the Plea was recited before the King and his Council And because it was found according to that Record that the King had sent Henry de Bathe his Justice thereunto assigned unto the said Marsh of Romenale who determined that all they that had lands in the said Marsh ought to contribute according to the proportion of their Tenements for the repair of the said Banks and VVater-gangs thereof as the said Hamon and others did allege and to which contribution he the said Godfrey said he was not obliged And that as yet nothing did appear to the King's Court here of the said Ordinance or Determination without which of right there could be no proceeding to Judgement a farther day was given viz. until the xvme of S. Michael that in the mean time the Rolls of the said Henry de Bathe might be lookt into And that the Plea thus depending no distresse should be farther made upon the said Godfrey At which time viz. in the xvme of S. Michael in xliijo H. 3. the said Godfrey came and withdrew his processe against the said Hamon and others therefore being amerc'd he consented for himself and his Heirs that for the future they would repair the said Banks and Water-gangs together with their neighbours according to the quantity of their land as it was the Custome of the Country without any contest or contradiction for ever And that the said Hamon granted and became obliged for himself and the rest that he would make a due accompâ— before the xxiiij Jurats chosen by the Country touching the distresses and Catals of the said Godfrey taken from the time of the beginning of the sute until that present And deducing so much as should be sufficient to satisfie the said repairs according to the proportion belonging to the said Godfrey to repay the surplusage of the mony for the Catals of him the said Godfrey so sold. And the said Godfrey agreed that if the said Hamon by his accompt could make it manifest that the value of the Catals so distrained by him for the cause premised would not suffice for his portion in repair of the said Banks and Water-gangs according to the quantity of his Land he the said Godfrey would make satisfaction to him of the whole arrerage from the beginning of the sute till that present time according to the view and estimation of the before mentioned xxiiij Jurats of the Country The next thing memorable touching this Marsh is that King Edw. the first by his Letters Patents bearing date at Westminster the xxth of Novem. in the xvith year of his reign granteda commissioÌ„ to Iohn de Lovetot Hen. de Apuldrefeld to view the Banks and Ditches upon the Sea-coast and parts adjacent within the County of Kent in divers places then broken through the violence of the Sea and to enquire by whose default this damage had hapned And together with the Bayliffs of Liberties and others in those parts to distrain all those which held any Lands and Tenements there and had or might have defence and preservation in any sort by the said Banks and Ditches according to the quantity of their said Lands and Tenements either by the number of Acres or by Carucates for the proportion of what they held for the necessary repair of those Banks and Ditches as often and where there should be need so that no man of what condition state or dignity whatsoever who had safeguard in any sort by those Walls or Ditches whether it were within Liberties or without should have favour therein Commanding also the said Iohn any Henry to behave themselves so faithfully and discreetly in the execution of this businesse that aswel the men residing in those parts as their lands should be safe against the like dangers and perhaps worse no custome favourably introduced notwithstanding And that of their transaction in this imploymâ—nt they should distinctly and plainly certifie the said King under their Seales and the Seals of the Jurats aswel Knights as other honest and lawful men Commanding moreover his Shireeve of Kent to cause so many and such persons of his Bayliwick to appear before the said Iohn and Henry at certain days and places whereof he should give them notice by whom the truth in the premisses might be the better enquired into and known By virtue of which Mandate the said Shireeve was required to summon the xxiiij Jurats of the Marsh of Rumenale and all the Lords of the Banks of the same Marsh as also such and so many honest and lawful men of all the
maritime lands in his Bayliwick by whom the truth in the premisses might be the better enquired into and known and to do farther in the pâ—emisses as it should be decreed Who came accordingly And the said xxiiij Jurats of the Marsh before named together with the Commonality of the said Marsh said that King Henry Father of the then King did by his Charter grant to them certain Liberties in his own Lands within the said Marsh And they therefore required that those their Liberties might be preserved As also that nothing might be attempted or deâ—reed in prejudice of their said Liberties and produced the same Charter of the said K. Henry And they likewise said that K. Henry father to the then King in the xlii year of his reign by reason of a certain controversie arisen betwixt divers men of this Marsh occasioned for the repair of the Banks and Water-gangs therein sent Henry de Bathe his Justice into those parts to hear and determine the differences in that businesse betwixt the xxiiij Jurats and the same Marshmen and to provide for the defense and security thereof and against the peril of inundation by other waters in causing the Banks and Water-gangs to be repaired by those who were obliged thereto for the lands which they held therein according to the proportion thereof Whereupon they said that the said Henry de Bathe by authority of the same King Henry's Mandate ordained and decreed for them a certain Law and Ordinance by which this Marsh was to that time kept and preserved and therefore desired that they might for the future be guided and defended by that Ordinance and Law as they had wont to be till that present time And thereupon produced the said Ordinance of him the said Henry under the King's Seal And because the said Ordinance seemed consonant to equity and had been to that time approved command was given and it was decreed that the same should be in all things observed without diminution Adding neverthelesse that in regard there was no mention therein of the election of the King 's common Bayliff in the said Marsh how and by whom be ought to be chosen it was determined that for the future upon the decease of the said common Bayliff or his quitting the Office another to be chosen who should reside and have lands in this Marsh And that the said election should thenceforth be by the common assent of the Lords of the Towns Lying therein or by their Atturnies and as the Major part should determine to submit to that election because till that time the usage had been so And touching that double of the costs imposed for repairing the defaults to be levyed upon those through whose neglect they had hapned it was decreed that the same double should be levyed in such sort as by the former Ordinance had been appointed and imployed to the common profit of this Marsh and not to the bâ—hoof of the said Bayliff And forasmuch as there were divers Banks and Water-gangs in the said Marsh to the maintenance of which the commonality thereof did not contribute except only they whose lands lay contiguous to the said Banks and Water-gangs And thaâ— some through the oppression of the Lords of the said Marsh did sometime pay as much for the repair and maintenance of those Banks and Water-gangs for fourty Acres as others did for fifty which was much against the law of the Marsh and the Ordinance of the said Henry de Bâ—the It was therefore decreed and ordained that notwithstanding and Custome by whomsoever introduced all and singular persons who had lands therein which were subject to the danger of the Sea and had preservation by the same Banks and Water-gangs should thenceforth be distreined for the reparation and maintenance of them so that every man might contribute equally according to the number of Acres which they had therein and that no person be he of whatsoever state or condition that had preservation and defence thereby should be favoured And because before that time in this Marsh of Romenale beyond the course of the water of the Port running from Suergate towards Romenhale on the West part of the same Port till it come to the County of Suâ—sex there had not been any certain Law of the Marsh ordained nor used otherwise than at the will of those that had lands in the same insomuch as divers dangers and intolerable losses hapned by the Seas inundâ—tion To the end therefore that the like perils might for the future be prevented and the common benefit provided for it was agreed and jointly ordained that in the said Marsh beyond the before-specified Port towards Sussex there should be Iurats establisht chosen by the Commonality who being sworn to that purpose for the security of those parts having respect to the number of Acres lying subject to that danger and to the proportion of the Banks Watergangs to be repaired sustained there should upon their Oaths consider and ordain how much might be necessary for such repair sustentation so that according to the portion of their Acres and value of them there might be assigned in the said Banks and Water-gangs an equal portion of perches to be maintained as it is more fully contained in the Ordinance of the said Henry de Bathe And moreover forasmuch as till that time there had been no common Bayliff constituted in those parts beyond the before-specified Port towards Sussex who ought for the publick benefit take care and provide against the perils there hapning and to prevent the like for the future it was ordained that thenceforth there should one common Bayliff be made choice of in the said Marshes beyond that course of the water toward Sussex for overseeing keeping and repairing of the said Banks and Water-gangs in such places and bounds of the said whole Marsh as should seem most expedient to all the whole Commonality As also to summon together unto places necessaryâ— the Iurats of the said Marsh as often as need should require for the making of Ordinances and Laws for preservation of the lands in those parts causing distresses to that purpose to be made and levying a double proportion upon such as should make default according to the tenour of the Ordinance made by the saiâ— Henry de Bathe Provided that at the election of the said Bayliff when ever it might happen to be the Lords of the Towns in the said Marsh beyond the said course of the water towards Suâ—â—ex should be summoned and called if they would be present thereat as also the Iurats and whole Commonality of that Marsh. And it was likewise ordained that for the future the King 's said common Bayliff in the Marsh of Romenale should be the Supervisor of the before-mentioned Bayliffs and Iurats in this Marsh beyond the course of the water towards Sussex and that he should summon together to fit places all the Iurats chosen on both sides the
said course of that water when need required to make their Ordinances and Laws for preservation of the said Marshes so that alwayes on both parts of that Water-course they should abide by the Ordinances and considerations of the said Iurats as to the prejudice or more safeguard of any mans land notwithstanding any custome whatsoever Saving alwayes the tenour of the King's Charter granted to the Commonality of Romney Marsh and the Ordinance of Henry de Bathe ever to remain in full power and strength Not long after this there hapned certain differences beâ—wixt the Master of the Hospital called God's house in Dover and certain of his Tenants within the Mannours of Hunychilde and Estbrigge in Romenale marsh touching some Banks and Water-gangs upon the Sea coast which the said Master alledged that his said Tenants for the antient demesnes belonging to him in those Mannours as often as need required should at their proper costs repair and maintain against the violence of the Sea and inundations of the Fresh waters For the hearing and determining of which controversies according to the Law and Custome of the said Marsh Iohn de Lovet Robert de Septvaus Master Thomas de Gudinton and Henry de Appletrefeld were by the King assigned Whereupon the parties so at difference weighing all circumstances touching the same put themselves upon the Inquisition of the Country But the taking thereof in regard that the said Master refused that any persons residing in the said Marsh should be admitted thereof and the said Tenants not being content with any Foreiners was delaid to the great damage of those parts as by complaint the King was informed To put therefore a speedy end to the businesse the said King by his Letters Patents dated at Tydeswell xxiiij Sept. constituted Stephan de Pencestre then Constable of Dover-Castle Henry de Appletrefeld and Bertram de Tancrey his Justices for to make farther enquiry thereof But what was done therein I have not seen About four years afterwards the said King Edward the first taking great care for the defence and preservation of this Marsh by his Letters patents bearing date at Westminster xx April in the xviijth year of his reign wherein he hath this observable expression viz. quod cum nos ratione dignitatis regiae per juramentum astricti sumus ad providendum salvationi Regni nostri circumquaque i. e. in respect of his royal dignity and that he was obliged by Oath to provide for the safeguard of his Kingdome round about assigned H. de Apeldrefeld and Bertram de Tancrey to oversee the Banks and Ditches upon the Sea coasts and parts adjacent in the County of Kent which by reason of the roughnesse of the Sea were in many places broken and to enquire through whose default that damage had hapned As also of all those that held lands and tenements in those parts and had or might have safeguard and defence any manner of way by the said Banks and Ditches and to distrain them for the quantity of their said Lands or number of Acres or Carucates according to the portion that they held together with the Bayliffs of Liberties and others of those parts for the repair of the said Banks and Ditches in necessary places as often and where there should be need so that no Land-holder rich or poor of what estate dignity or condition soever he was in case he had defence and preservation any manner of way by the same Banks of Ditches were he within Liberties or without should have favour in any kind Commanding them moreover that in the execution of that businesse they should behave themselves with such fidelity and discretion that aswell the Inhabitants of those places as their lands might be preserved from the like perils and casually worse any Custome through favour by whomsoever it had been introduced notwithstanding And what they should do and ordain therein to certifie the said King thereof under their Seals and the Seals of xxiiij aswell Knights as other honest and lawful men distinctly and plainly And for their better accomplishment of that businesse directed his Precept to the Shireeve of Kent appointing him that at certain dayes and places of which he was to give them notice he should cause to come before the same King's Justices such and so many honest and lawful men of his Bayliwick by whom the truth in the premisses might be the better known and enquired into By virtue also of which Mandate the said Shireeve had command to bring before the said Justices at that time the xxiiij Jurats of Romene Marsh and all the Lords of the Towns therein and such and so many honest and lawful men of all of the maritime parts in his Bayliwick by whom the truth in the premisses might likewise be the better known and enquired of and to do farther what should be ordained in the premisses Which Commissioners came accordingly as also the said xxiiij Jurats together with the Commonality of this Marsh and alleged that K. Henry the Father of the said King Edward by his Charter granted to them certain Liberties in their Lands within the same Marsh and required that those their Liberties might be preserved and nothing accepted or ordained in prejudice of them producing the Charter of the said King Henry in which was recorded the Ordinance of Henry de Bathe And farther declared their approbation of the said Ordinance with the additions thereto in such manner and form as they had before done in the xvith year of this King's reign before Iohn de Lovetot and the said Henry de Apeldrefeld then the Kings Justices as I have at large already shewed whereunto for avoiding repetition I refer my Reader Adding moreover by common agreement to those wholsome Ordinances these ensuing Constitutions viz. 1. That through all other maritime places in the said County lyable to the danger of the Sea the River of Thames or any other water wherein the Marsh Law had not formerly been established and used and that divers perils through defect of Banks and Water-gangs had there hapned Lest therefore for the future the like or worse might accrue 2. That in every Hundred and Town aswell by the Sea coast as bordering on the Thames and other waters in which the Marsh lands are subject to inundation there be chosen and sworn xij or six lawful men according to the largeness of the Hundreds or Towns who have lands in danger of the Sea the Thames other waters Which men to be assigned keepers of the Banks and Water-gangs in the Hundreds Towns aforesaid who upon their Oath shall keep safe the saidâ— Banks and Water-gangs and when and as often as need requireth repair them As also shall in respect of the raging of the Sea raise the said Banks higher by four foot at the least than formerly they were and make them of thickness answerable to that height 3. For the reparation of which Banks and Water-gangs when need
for the time being shall of himself at all intermeddle with such distresses as are or shall be made by the direction of the said xxiiij Iurats But that such Iustice as is to be executed thereupon shall be reserved to us and our heirs or to our special Mandate as it is before expressed in that Patent of our said Grand-father Which King continuing his mindfulnesse thereof by his Letters Patents bearing date at York 24º Augusti in the tenth year of his reign appointed Robert de Kendale Iohn Malemeyns de Hoo and William de Cotes Gentlemen then of special note in this Country to oversee the Sea-banks in this Marsh situate betwixt Apeldre and Romenale And in the 17º of his reign by the like Patent dated at Westminster xxo Maii constituted Edmund de Passele Iohn de Ifeld and Robert de Sardone his Commissioners for the like view of the Banks in sundry parts of the said Marsh. The next year following there having been a complaint made to the King that by reason of a certain Trench made betwixt Apuldre and the Port of Romenhale very many discommodities and losses dayly befell the Country adjacent Whereupon he assigned the before-specified Edmund and Iohn together with William de Cotes to enquire by the Oaths of honest and lawful men of these parts by whom the truth in the premisses might be the better discovered who they were that made that Trench and when and for what cause as also how and in what manner And moreover what discommodity damage had hapned by means thereof and to whom and in what sort But being afterwards advertised that there was so great a dissention risen betwixt his Barons of the Cinque Ports and the Commonality of Romenale Marsh by reason thereof that both sides were preparing to fight it out if there should be any farther proceeding in that Inquisition which as it would occasion much terror to the people thereabouts so might it not a little hinder that warlike expedition which the said King then intended Considering therefore the need that at present he had of the service of his faithful Subjects aswell by Land as by Sea and being desirous to his utmost power to provide for their unity and peace by his special Precept bearing date at Guldeford 6º Aug. he commanded the before-specified Edmund Iohn and William for the causes above expressed to supersede the taking of that intended Inquisition until they should receive his farther commands therein Which stop in that businesse lasted not long For at the beginning of the next February the King granted out a new Commission to them for to proceed forthwith therein In the same year it seems that the Banks in this Marsh betwixt Tyd and Dengemareys were broke for in the moneth of Iune ensuing I find that the said King issued out his Commission to Henry de Shardon Thomas de â—eversham and William de Roberts brigge for the viewing and repairing of them That greater care and regard could be than appears by what I have already instanced to have been taken in the regulation of all things tending to the safeguard of this Marsh cannot I presume be well imagined Neverthelesse such is the pravity of some ill-disposed men who chiefly mind their particular gain though it be by cheating the publick that were it not for a strict watch over them all good order would be subverted and little else but cousenage if not rapine practised instead thereof as we shall find by the doings of some who were imployed with the levying and collection of moneys to the repair of the Banks and Water-gangs of this Marsh Who most unconscionably and against the trust reposed in them made use of those Sums so gathered to their own private uses insomuch as complaint thereof was made to the King in 5 E. 3. Who thereupon gave commission to William de Clinton Raphe Sauvage and Thomas de Feversham to enquire into the particulars thereof Which King out of the like tender respect to the preservation of this Marsh as his Father and other his Ancestors had by his Leters Patents bearing date at Westminster 28º of Novem. in the seventh year of his Reign wherein he recited that famous Ordinance made by Henry de Bathe of which I have so often made mention added his Royal Confirmation thereof And afterwards at sundry times as occasion required granted his Commission to several persons of quality in the said County of Kent for the overseeing the said Banks and Water-gangs and taking care for their necessary repair as by the enroulments of them appeareth viz. in April 13 E. 3. to Thomas de Brockhill William de Oralsâ—on Robert de Shâ—rden and Geffrey de Basham for those Banks c. upon the Sea-coast in the Marsh of Lude neer Romenhale And in Octob. following to the same Thomas Geffrey and Iames de Echyngham touching those which lay betwixt the Town of Romne and a certain place called Longerake and betwixt the Church of Lyde and the Sea within the Town of Lyde In Iune 18º E. 3. to the same Thomas de Brokhull Iohn de Erde Thomas de Rethelin and William Alleyn of Brokeland for those in Romenhale Marsh. In March 21º E. 3. to the same Thomas and Thomas de Gillingham Stephan Donet and Stephan de Horsham for the same Banks In April 22º E. 3. to Iames de Echingham Thomas de Broxhill and the rest last mentioned the like So also in Iuly following to William de Broclond Stephan de Horsham Richard de Morton and William Waschare But notwithstanding that wholsome Ordinance so often mentioned and the several confirmations thereof I find that Simon Islip Archbishop of Canterbury with other Land-holders within this Marsh of Romene made a grievous complaint to the King in 33 E. 3. that whereas all those their lands lay bordering to the Sea coast and without the continual support of the Banks Gutters Ditches and other Mounds aswel for excluding the Sea as for the voiding out of the fresh waters there made they could not by any means be defended and preserved Farther shewing that for the safeguard thereof it was in the time of King Henry sometime King of England Ancestor to the said King Edward the 3d ordained by Henry de Bathe and his Fellows Justices of the said King for that purpose that whosoever being Tenant and resident within the precinct whom the greater part of the Lords of the Towns therein situate should choose ought to be the Bayliff to levy the Taxes assessed for reparatâ—on and maintenance of the said Banks as in the said Ordinance more fully may appear And that though in pursuance of those Ordinances one Iohn atte Lose a Tenant and resident within the said Marsh had been elected and deputed to the Office of the said Bayliff for levying of the said Taxes by the Lords of this Marsh in form aforesaid Neverthelesse one Matthew
or at a large distance forasmuch as they are within the peril of the Sea and had or in some sort might have had safety and defence by the same Banks Ditches c. ought to contribute thereto according to the quantity of their tenure without any favour either to rich or poor of what condition state or dignity soever And to be compelled thereto not only by distresses and amerciaments but also by double the chardge and whatsoever other wayes or means is in the said Ordinances contained And for the fulfilling of all these things in the said Marshes of Monketone and Menstre it was then ordained and agreed that a common Bayliff should be elected by the Lords of the Fees and Commonalty of the Marsh within the said Marsh of Monketone and another Bayliff in the Marsh of Menstre to supervise do and execute all such things as to the Office of Bayliff of the Marsh pertained according to the judgement of the Jurats or Dike-Reeves Also that there should be chosen xij honest and lawful men by the Lords of the Fees or their Attornies and the Commonalty of the Marsh or six of the Marsh of Monketone and six of the Marsh of Menstre who had lands in the said Marshes lying in danger of the Sea which twelve to be assigned and sworn jointly to oversee the Banks Ditches c. in the said Marshes and to measure all the Lands Tenements and common of Pasture in those parts which either had or might have safety and defence in any sort by the said Banks Ditches c. to the end it might be known for how much they ought to contribute and who afterwards upon their Oaths might supervise those walls Ditches c. and place a certain Keire in every part of the said Banks of such height and thicknesse that the Marish grounds might be fitly preserved thereby And that they should hold their Last when and as often as it might be needful for any defect in repair And that a certain day be by them assigned within the compasse whereof those defects should be made good according to their discretion And if the said repairs were not compleated within the time prefixed that then the several Bailiffs within their particular Bayliwicks should lay out their own moneys and receive the double thereof And the xij men to give notice of the several defects to those Bayliffs after the repairs were not made good within the time so assigned And if any of the said Bayliffs Jurats or Dike-Reeves did die or not give content to the said Lords of the Fees and Commonalty others should be chosen in their stead by the Lords of the Fees or their Attornies if upon notice given they would come in and by the Commonalty of the said Marshes And they to be accounted Bayliffs or Jurats of every Marsh who should have the consent of the Lords of the Fees and greater part of the Commonalty of the said Marsh lest that by long delay much peril might happen Also that there be chosen out of the xij Jurats two men in either Marsh who were to be the Collectors of all such moneys as should be assessed for those common repairs viz. in Gutters Sewers Water-gangs and of the whole Bank which lyeth in common to be repaired and sustained And those two so chosen to make Collections and disbursements and of such their receipts and layings out afterwards to render a just accompt to the said Lords of the Fees or their Attornies and to the Commonalty of the said Marshes within the several Marshes And the Bayliffs of the Lords of the Fees to assist the said Collectors in the assessing and gathering the said moneys and likewise if need be to distrain for the same Also that the said Common Bayliffs should cause the said xij men to meet together as often and whensoever there might be need or that there was any danger to supervise all the Banks Ditches Water-gangs Sewers and Gutters and to take certain consideration before they departed of all the defects and likewise to assesse a certain portion of money upon every acre to each Tenant according to the quantity of what he held and also to repair and amend the said defects within a certain time whether that they belong'd to particular persons or the whole Commonalty and for the fulfilling of all those determinations that they be not only compelled by distresses but by amerciaments and double if need required And the said Bayliffs moreover should punish all such as being refractory to their summons did not appear And if any mans Land lying within the Banks of the said Marshes were digg'd for the repair of the said Banks Ditches Sewers or Water-gangs or for any new Bank or Ditch or for the making of an in-ditch or out-ditch that then the Commonalty of every Marsh should give satisfaction to the party damnified by the discretion and judgment of the said Jurats according to the usage of Marish Lands having alwayes respect to the quantity of the ground so digged or lost Saving always to the Lords of the Fees their right which they had and ought to have against their Tenanâ—s within their proper Fee aswell for having defence as for the taking double when through their Tenants default they did lay down their own moneys And lastly that if any thing of difficulty doubt or obscurity did fortune to arise in these Ordinances that it should be reserved to the Decree and Declaration of the before-specified Justices Nor was it the intent of the said Justices that any persons who ought to have safeguard by others or that held their lands under certain conditions should be by this Ordinance excluded from their defences and agreements in case that such their agreement were not derogarory to the Law And for the performance of these Ordinances William Shirreeve and Iohn Coopere of Hoo were appointed Collectors of the moneys to be levyed in Menstre and William de Everle and Thomas Hamon in Monketone The next year following which was the xvijth of the said King's reign I find that Iohn de Lovetot and Henry de Apuldrefelde being also constitued Commissioners for the viewing of the Banks Ditches c. in the parts of East Kent which were broken and in much decay through the violence of the Sea and to provide remedy for the same met at Erchesto on the morrow after the Feast of St. Iames the Apostle where all those that held Lands lying within the Hundreds of Eastri and Cornilo which lay in danger of the Sea by virtue of the said King's Precept attended them as also such and so many lawful men by whom the truth in the premisses might be the better known And it being then and there testified by the Commonalty of the Country that it was expedient for the said whole Commonalty to have one Bayliff and xij Jurats within those Marshes in such sort as they of Romeney Marsh and the Marshes towards Sussex then had the same
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
The next year following Richard VVakeherst VVill. Bertyne Thomas Betenham Thomas Hordene VValter Colepeper and Iohn Derham had the like appointment for the Banks c. betwixt Smalhithe and a certain place called the Pendynge and likewise betwixt Farnehille and a Bank leading from Mayteham to Pendynge aforesaid in the Parishes of Tenterden and Rolveldene with power to make Statutes and Ordinances for the preservation of those places according to the Law and Custome of this Realm and the Custome of Romney marsh As also to take so many Diggers and Labourers in respect of the instant necessity as should be needful for that work In 28 H. 6. VVill. Kene Esquire Iohn Bamburgh Stephan Slegge and others were in like fort constituted Commissioners for the view and repair of those Banks c. betwixt the Town of Redyng and Redehille thence to Huntebornebrigge thence to the up-land of Bregge and thence to the said Town of Redyng in the Parishes of Tenterden Apuldre and Wodechirche and to make Statutes and Ordinances c. as abovesaid In 13 E. 4. Sir Iohn Fogge Knight Sir Will. Haute Knight Roger Brent Iohn Fyneux VVill. Brent Iohn Nethirsole and Iohn Hert were in like manner appointed for those Banks c. betwixt Tenterdene and Lyde as also to make Laws and Ordinances c. as abovesaid In 14 E. 4. the King having received advertisement that the Banks Ditches c. lying on the Sea-coast and Marshes betwixt Robertsbrigge in Sussex and the Town of Romney in this County of Kent were by the raging of the Sea and violence of the Tides much broken and decayed to the great damage of those parts and being therefore desirous that some speedy remedy should be used therein did by his Letters Patents bearing date at Westminster 16º Iulii in the year abovesaid constitute Sir Iohn Fogge Sir William Haute and Sir Iohn Gilford Knights and Iohn Elryngton Iohn Brumston Henry Auger Will. Belknap and Robert Oxenbregge Esquires as also Bartholmew Bolney Roger Brent Iohn Fyneux Vincent Fynche Iohn Nethersole and Iohn Hert his Commissioners giving power to any four three or two of them whereof the said Bartholmew Roger Iohn Fyneux Vincent Fynche Iohn Nethersole and Iohn Hert to be one to take view of the said Banks c. and to enquire upon the Oaths aswell of Knights as other honest and lawful men of the before-specified Counties aswell within Liberties as without by whom the truth in the premisses might be the better known through whose default these damages had there hapned and who they were that had Lands and Tenements or common of Pasture or Fishing in those Counties or had or might have preservation and benefit any manner of way by those Banks c. or losse for want of them aswell those that were remote as those that were neer to the danger and to distrain all such according to the quantity of their Lands and Tenements or number of Acres or Carucates proportionable to what they held and so likewise for their common of pasture or fishing and together with the Bayliff of the Liberties and other places of the Counties and parts aforesaid for the repair of those Banks Ditches Gutters and Sewers and to make them or some of them new where need should require And likewise for clensing the Trenches and if cause were to stop them up so that no favour should be shew'd to any person whatsoever rich or poor or of what state degree or dignity soever who might have advantage by the said Banks or detriment for want of them And moreover to make agistments upon the Sea-Ditches for the safeguard of those parts according to the number of acres or perches and as often as it should be needful to renew them And likewise to depute certain diligent and faithfull Guardians for the preservation before mentioned and to hear the Accompt of the Collectors of moneys which were to be levyed for that occasion and for the repair of the said Banks or obstruction of those Trenches And that they the said Commissioners or any four three or two of them whereof the said Bartholmew Roger c. to be one to take distresses either by themselves or others whom they should think fit to depute for that purpose for the arrerage of what ought to have been Collected as often as need should be And also to make and ordain fit and necessary Statutes and Ordinances for the defence of the Sea-coasts and Marshes aforesaid and the adjacent parts according to the Laws and Customes of this Realm of England and of Romeney Marsh. And to hear and determine all the premisses aswell at the said King's sute as the sute of any other whasoever which should come in question before them according to the Law and Custome of this Realm and the Custome of Romeney Marsh aforesaid As also to take and imploy in the said works and repairs as many Ditchers and other workmen and labourers as should be expedient for the works and repairs before mentioned upon competent salaries to be paid to them in that behalf in regard of the great urgent and instant necessity for expedition therein Futrher requiring the said Commissioners and any four three or two of them whereof the said Bartholmew Roger c. to be one to accomplish the premisses in form aforesaid and whomsoever they should find either negligent or refractory in making their proportionable repairs belonging to them to compell them thereto by distresses and amerciaments and such other wayes and means as they should deem most expedient to the end the said defects might be suddainly made good And to cause whatsoever they should ordain and determine therein to be firmly observed acting therein as to Justice appertained and according to the Law and Custome aforesaid Saving to the said King all amerciaments and other things herein to him belonging Whereupon afterwards viz. on the tenth day of April in the xviijth year of the reign of the same King the said Justices were informed that all the Lands and fresh Marshes lying within the subsequent limits viz. betwixt the Marsh called Cowelese towards the North the lands in the Ree leading from the said Marsh to the place call'd Lynkehoke neer Romeney towards the East the way leading from the said place called Lynkehoke by the inside of the Bank at Lyde and through the midst of the high street of that town to Pigwell and a place call'd the Holmestone lying without the Bank called Wikewall the Land of Promhill situate without the Banks called Simondes Wall and Kent Wall and the gulf of salt water running from the Camer unto the said Marsh called Cowelese towards the West excepting the Marshes called the Kete Denecourt mershe and Bourghser's mershe and other Marshes then lately taken in by the before-specified Iohn Elryngton and Richard Gilford Esquires with the Banks belonging to them were dayly subject to the danger of inundation by the Sea and salt water for default of repair and
Water-courses and other necessary means And for execution of that their Statute and Ordinance in this behalf the said Iustices by the said assent upon the said Friday at Lyde aforesaid did nominate choose ordain and constitute of the Land-holders within those limits except before excepted Henry Bate and Simon Godard Bayliffs Andrew Bate John a Bregges and others Iurats Peter Fermour and Will Aleyn Collectors and Stephan Lovecock and John Inglet Expenditors of and in those Lands and Marshes except before excepted for the preservation safeguard and defense of those Lands and Marshes except before excepted and the Banks thereof And the said Bayliffs xxiiij Iurats Collectors and Expenditors so named chosen ordained and constituted personally and severally before the said Iustices upon the same Friday at Lyde aforesaid did take their Oaths and were chardged viz. every of them to his Office and to all which thereto pertained or should pertain in that businesse to do exercise and perform well and faitfully that is to say the said Bayliffs according to the form and effect of the Oath of the Bayliffs whereof mention is hereafter made and the before-specified xxiiij Iurats according to the form and effect of the Oath of the Iurors afterwards also recited and the said Collectors according to the form and effect of the Oath of the Collectors afterwards likewise noted and the said Expenditors according to the form and effect of the Oath of the Expenditors in like sort hereafter specified Also forasmuch as it did evidently appear to the said Iustices by the view and Inquisitions aforesaid made and taken in form aforesaid that the said Banks called Symondes Wall and Kent Wall and also the said Banks of those Marshes called Est mersh aad Becard within the limits aforesaid were defective and broken in divers parts to the great peril of inundation thereby like to befall all the said Lands and Marshes within the limits aforesaid except before excepted unlesse a speedy remedy were applyed it was ordained and decreed by the consent aforesaid that the said Banks should be sufficiently repaired and new made with all possible haste and so repaired and made new to be kept and continually maintained for the defence and safeguard of the said Lands and Marshes within the limits aforesaid except before excepted And as to the reparation and renewing of the said Banks called Symondes Wall and Kent Walle to be forthwith for the present made it was upon certain reasonable considerations moving the said Iustices decreed and ordained by the consent aforesaid that every person having Land within the said Banks called Symondeswalle and Kent Walle and the Bank called Goneswalle within the limits aforesaid for every acre of his Land there And likewise every one having Lands in the Marsh called Ockolt within those limits for every Acre of his Land there should pay two pence more than any other Land-holder within the Marshes aforesaid except before excepted should pay for one acre there to the assessing of the Tax for the instant repair and new making of those Banks called Kent Walle and Symondes Walle And then afterwards for ever according to the Ordinances and Statutes of Romeney marsh aforesaid all the Land-holders within the Lands and Marshes aforesaid except before excepted for the time being equally to contribute to the repair maintenance and custody of all the Banks of those Lands and Marshes within the said limits except before excepted for the repairing sustaining and making what should be for the defence and safeguard thereof viz. every of the said Tenants according to the proportion of his tenure and number of his Acres and Perches there And that the reparations scowring and making of all the Sewers Ditches Water-gangs Gutters and Bridges in the said Lands and Marshes within the limits aforesaid except before excepted then being or to be made for the safeguard and defence of the same should be done at the chardge and expenses of such as antiently they had wont to be Also it was ordained and decreed that it should be lawful for the Bayliffs Iurats Collectors and Expenditors of the Lands and Marshes aforesaid within the limits aforesaid except before excepted for the time being and for every of them and to all Labourers and Workmen imployed about any work to be done for defence and preservation of those Marshes except before excepted to go ride drive and carry upon and over the Land called the inner Forland and outer Forland of every Bank witin those precincts except before excepted or the Land lying neerest to that Bank and in other places wheresoever within those limits except before excepted where it should seem good to the said Bayliffs and ten or eight of the Iurats aforesaid to do and perform such things which do or should belong to their Offices or to do that work in such sort as in the like case had wont to be done in Romeney Marsh and as it should be expedient to be done for the putting the Statutes and Ordinances in execution which had been or should be made by said Iustices And if it should happen that any Land-holder within those Lands and Marshes except before excepted who ought to contribute to the premisses for his Lands therein in form aforesaid to be deprived or hindred of any way to go ride drive or carry to his Lands there or other Lands adjoyning by reason of the inundation of salt water or the raising of any Bank or other thing for the defence and safeguard aforesaid there made or to be made or so to be stopped or prevented that he could make use of the said way and having no other passage either to go ride drive or carry in form aforesaid it should be lawful to him for the future during the time of such his hinderance to go ride drive and carry upon and over the Land called the inner Forland adjoyning to the Bank or Banks wheresoever in the said Lands and Marshes within the before-mentioned limits except before excepted where he should think most meet to go ride carry and drive to his Land there or to his adjacent Land and over the said Bank or Banks overthwart them to such his Land without the impediment of any person whatsoever repairing and maintaining at his own proper chardges the said Bank or Banks sufficiently in that part where he the said Land-holder should so happen to go ride drive or carry Also it was decreed and ordained that twice every year for ever there should be held a principal and general Last within the said Land and Marsh except before excepted by the said xxiiij Iurats for the time being or ten or eight of them at the least viz. once within the xv me of Easter and again within the xv me of S. Michael the Arch-Angel at Brokland or in another place within the precinct of those Lands and Marshes except before excepted to be summoned and appointed by the Bayliffs aforesaid for the time being and that other several Lasts should be there
half of all the said grounds so to be inned according to the purport and true meaning of the said recited Indenture the other moytie to belong to the owners of the said Marsh grounds according to the several proportion of their quantities which they then had in those grounds to be holden of Edmund Cooke Esquire his heirs and assigns as of his Mannoâ—r of Lesnes and Fants in free Socage by fealty and one penny Rent for every Acre and not in chief nor by Knights service And that in consideration of the great chardge of this work the said inned Marshes to be dischardged from all Tithes and Tenths whatsoever for and during the term of seven years next after the inning winning and fencing of the same CAP. XIV AND now though by what hath yet been instanced touching the improvements made by Banking and Drayning upon the Verge of this River the first Commissions which I have vouched bear not date above three hundred and fifty years since yet do I make no question but that this good Husbandry was far more antient for notwithstanding the like Commissions for the defence and safeguard of the other Marshes situate higher upon this stream whereof I shall give instance by and by are not much elder it will by great circumstances be evident that some of these Banks are not of lesse antiquity than the time of the Romans here in Britaine otherwise how could that antient Borough of Suthwarke have been built the ground whereon it stands being at first naturally flat and low and within the power of the usual tides as the adjoyning Marshes still would be were not they defended by the like Banks though now by reason of the vast buildings there which do stand upon artificial ground it being in the nature of a Suburb to that great and antient City of London there be little notice taken that it hath been so raised where besides divers Roman coynes that are still frequently digg'd up I my self in the year 1658 saw in those fields on the backside of Winchâ—ster house called Suthwark Parkâ— upon the sinking of divers Cellers for some new buildings at about two foot below the present levell of the ground a Roman pavement made of Bricks not above an inch and an half square and adjoyning to it a more curious piece of the like small bricks in length about ten foot and in bredth five wrought in various colours and in the midst thereof betwixt certain borders in the fashion of wreathed columns the form of a Serpent very lively exprest in that kind of Mosaique work I now come to the Commissions The first whereof our publick Records do take notice is in 23 E. 1. which was directed to Iohn de Metingham and Will. de Carleton for the view and repair of the Banks c. betwixt Lambehethe and Grenewiche After this about three years through the neglect of those who ought to have maintained the Banks neer Retherhithe the breaches thereof were such as that a great part of those Marshes became drowned Whereupon the King committed the managing of their repair to his trusty and beloved Will Haward soon after one of the Justices of his Court of Common Pleas to whom he assigned a certain summ of mony for that purpose which not being sufficient for the accomplishment of the work though he the said William even beyond his abilities added thereto of his own purse the said King by the advice of his Counsail ordained that all those Lands which through the before-specified neglect were thus overflown and drowned should be seized into his own hands and committed to some such honest and trusty person as would be willing to take upon him the chardge of the said repair and new making of the said Bank to have and enjoy by an extent to be made thereof untill he should reimburse himself out of the profits of the said Lands to the full of whatsoever he might lay out upon that work In 2 E. 2. Iohn de Foxle Walter de Gloucestre with some others were assigned to take view of a certain breach of a Bank neer Bermundsey and to provide for the repair thereof In the same year it hapned that by reason of the said breach the Prior and Covent of Bermondsey received great losse by the drowning of certain grounds belonging to that House the King therefore at the request of Isabell his Queen granted this favour to the said Prior and Covent that nothing of the Corn Hay or any the Good or Catalls belonging to the said Priory should be taken to the use of the King or any other without the assent of them the said Prior and Covent The like breach also hapning in the Banks of the Marshes in Suthwarke which not long before pertained to the Knights Templars but then were in the King's hands he being advertised thereof directed his Precept bearing date at Barwick upon Twede 23º Maii 4 E. 2. unto William de Montalt at that time Guardian of those Lands commanding him that out of the profits of them he should cause them to be speedily repaired And in 9 E. 2. Richard de Repham and Edmund de Passele were constituted Commissioners for the view and repair of the Banks c. betwixt London bridge and the Mannour called Fauxes-Halle as also of a certain Bank in the Land of the Bishop of Winchester in Suthwerke which having been antiently made for the safeguard thereof was then ruinous and broken And likewise of certain Ditches whereby the fresh waters had formerly used to descend into the Thames which were then choak'd up And to distrain all such persons for the repait of the said Banks and Ditches who in respect of any lands that they held or otherwise were obliged thereto In 13 E. 2. upon an Inquisition taken before Iohn de Everdon and Geffrey de Hertelpole then the Kings Justices assigned to enquire of the defects in repair of those Banks which were situate betwixt London bridge and Grenewiche the Jury presented upon their Oaths that part of a Bank at Retherhethe containing thirteen perches in length was then broken and that Sir Iohn Latimer Knight in respect of a certain messuage that he had there was and had been chardged with the repair thereof time out of mind It was likewise presented that at a place there called Milnewardstrete there was a Gutter called Mouse goter so obstructed that the water which had used and ought to passe through it into the Thames was stopped and that one Richard le Chaundeler was obliged by right to clense and scowr the same by reason of his Lands there And moreover that there was another Gutter in the Land lately belonging to Richard de Dunle so stopped likewise the clensing whereof belonged to Agnes his widow then Tenant to the said Lands As also that there was another Gutter in the grounds whereof Richard de Ashwy had been lately possessed which Gutter being then likewise
whereof the said Marsh lay situate and Dionyse then Abbot of Robertsbrigge and the Covent of that Monastery for the title of that whole Marish and that upon an amicable agreement then made betwixt them the said Abbot and Covent did quit all their title thereto unto the before-specified Prior and Covent of Christ-Church But the said Prior and Covent out of a pious regard to the wants of the said Abbot and Covent did by their special favour then grant them and their successors one hundred Acres of those seven hundred viz. one hundred lying next to the Bank of the said Abbot and Covent neer unto the Land of Adam de Cherringe which at that time they had inclosed about the Newewodrove and that this Agreement was by the before-mentioned Earl then ratified and confirmed as the Instruments testifying the same then exhibited did fully manifest so that the said Abbot Covent ought not to challenge any thing more in that marish other than in those C Acres so given to them as aforâ—said In consideration therefore of all the premisses and circumstances thereof and especially of the Antiquity of the Evidences produced on each part as also to the obscurity of the bounds and limits of the said Towns of Snergate and Apuldre the perfect knowledge whereof by reason of the great and continual inundation of the Sea could not or was ever likely to be well discovered all parties therefore more desiring peace than strife and contention did unanimously agree that the said Prior and Covent of Christs-Church should release unto the Abbot and Covent of Robertsbrigge and their successors all their title to that parcell of land called the Newewoderove and in xxviij Acre of land then newly inclosed in the Bâ—ecarde towards Apuldre and in the said CCLxxi Acres and a half of Land then to be inclosed in the Becarde adjoyning to the said parcell of land called the Newewoderove lying in length under the Bank dividing the said Land of the Newewoderove and the said Marsh so to be inclosed in the Becard so that the said Prior and Covent of Christs-Church nor their successors should have power to claim any right therein after that time And in like sort the said Abbot and Covent of Robertsbrigge did release unto the said Thomas Archbishop of Canterbury and to the Prior and Covent of Christs-Church and their successors all their right and title to the residue of that Marish lying next to the Church of Fayrefelde towards the East and the course of the Sea passing from Rye to Apuldre towards the West and the bounds dividing the Counties of Kent and Sussex towards the South so that they should chalenge no title therein from thenceforth Which agreement was so made by the said Instrument under their publick Seals and beareth date at Canterbury on the xxth day of March in the year before-mentioned In 2 H. 4. Thomas Erpyngham then Constable of Dovor Castle Will. Brenchesle Robert Oxenbrigge Will. Marchaunt and others had Commission for the view and repair of those Banks and Sewers lying betwixt Farlegh in Sussex and Apuldre in Kent with power to act therein according to the Custome of the Marsh and the Law and Custome of this Realm The next year following Will. Rikhill Will Makenade Stephan Betenham Will. Bertyn Henry Horne and Iohn Proude had the like for those in the Marshes of Lyde Promhull Middele and old Romney with direction to do all things therein according to the Law and Custome of this Realm and the Custome of Romney marsh In 2 H. 5. Sir Iohn Pelham Knight Richard Nortone Thomas Colepepir William Cheyne and others had the like Commission for the view and repair of the Banks betwixt the Port and Town of Rye and Bodyham bridge and to act therein according to the Custome of the Marsh and the Law and Custome of this Realm In 5 H. 5. Robert Oxenbrigge VVilliam Marchaund Iohn Halle junior VVilliam Cheyne and Adam Iwode had the like appointment for those betwixt the Town of Rye in Sussex and Ebbeneye in Kent and to act according to the Custome of the Marsh and the Law and Custome of this Realm of England So also in 7 H. 6. had Sir Roger Fenys Knight Henry Hoorne Robert Oxenbrigge Thomas Auger Richard VVakeherst and others for those betwixt Bodyhain bridge in Sussex and Smalhyde in Kent with direction to proceed therein according to the Law and Custome of this Realm and the Custome of Romney marsh as also to take up so many labourers upon competent wages as should be necessary for the said work CAP. XIX I Now come to Sussex alone Where the first Commission of Sewers that our Records do take notice of was in 17 E. 1. being directed to Roger de Leukenore and Lucas de la Gare. The next year following upon complaint made by the Abbots of Bataille and Bekeham as also by the Priors of Okeburne Lewes and Hastings together with Baldwin de Aldham and many others who had Lands about Pevenesel marsh that whereas the King had assigned the before-mentioned Roger de Leuknore and Lucas de la Gare to take view of the Banks and Sea-diches neer the said Marsh and to provide for the safeguard and defence of all persons aswel rich as poor as had lands thereabouts the said Lucas together with the Prior of Michelham Will. de Donne c. not prosecuting the said King's appointment and order did begin to raise a certain Bank overthwart the Haven of Pevenesel as also a Sluse intending to finish them so that the fresh water could not passe through the midst of the said Marsh to the Sea by the same Haven to the great peril of all persons there dwelling and apparent drowning of their lands by the frequent overflowing of the said fresh water For remedy thereof the King therefore by his Letters Patents dated at Westminster 15º Iulii in the 18th year of his reign constituted Iohn de Lascy and VVill. de Echingham his Justices to make enquiry by the Oaths of honest and faithful men touching the same and then to do therin according to their discretion In 23 E. 1. Will. de Stoke was associated to the before-mentioned Roger and Lucas for the viewing and repair of the Banks c. in this County In 31 E. 1. the King being informed that the Banks and Ditches which had been made in the Marsh of Wynchelse for the defence of his lands there and preservation of the adjacent parts were then so broken by the overflowing of the Sea that the said Lands were in danger to be drowned and lost and that his Tenants of those lands by reason of a certain antient composition made betwixt them and the Tenants of other lands in that Marsh which was that the said Kings lands should be defended in such reparations by the other Landholders there refused to contribute to the repair of those Banks and Ditches And being
was much hindred and obstructed through the default and neglect of all the Tenants of the before-mentioned 6358 Acres 3 Rodes and a half of Land with the appurtenances who according to their proportions were also obliged to those repairs That is to say the Tenants of two hundred and nine Acres of land Meadow and Pasture thereof lying in the Marâ—h of Megeham two furlongs and seventeen perches of that Sewer in length beginning at the said place of Squabbar and so going on unto ............ And all those Tenants from the said place of Gorebreggs to the place called Sakevylestrow for the said Tenements one moytie of the said Sewer towards the North. And all the other holding an hundred fourscore and ten Acres of land Meadow and Pasture in the Marshes of Megeham and Whelpole the other moytie of the said Sewer towards the South containing in length sixteen furlongs And the Tenants of three hundred and sixteen acres of land Meadow and Pasture in the Marshes of Boghele Balle and Herst-Monseux from the place called Sakevylestrow to the place called Ladytrowe seven furlongs of the said Sewer And from the said place called Ladytrowe all the said Tenaâ—ts of the Lands and Tenements aforesaid in the Marshes of Megeham Whelpole Boghele Ball and Herst-Monseux for those their Tenements seven furlongs of the said Sewer unto the said place of Yortham And from thence the Tenants of eight hundred ......... and four Acres in the Marshes of Horsye and Doune for their Tenements three furlongs and nine perches of the said Sewer unto the said bounds of Rikenebrigg and from that place to â—â—e old sluce of Pevenese and thence to the place called Wyllindonestrow the said Sewer to be repaired by all that hold the said lands in the Towns of Wortling ................ Horsye Mankesye Haylesham Westham and Pevenese in common and that in the evacuation of the fresh waters by the said Sewer if thaâ— Sewer should be enlarged they should have benefit and full safeguard without any contribution from the other Lands and Tenements lying in the Towns of Bourne Langenere and Willyndon which from that time by the law of the marsh ought not to contribute to their repair forasmuch as those lands could not in any wise be preserved by the said Sewer And they farther certified that there was another Sewer beginning at a place called the Hokes and extending to the Clyne of Langene and so to the said place called Wyllindonestrow by which the fresh waters of the said Lands and Tenements in the Marshes of Bourne Langeneye and Wyllingdon descending to the Sea were voided away Which said Sewer the Tenants of those lands and Tenements in the Towns of Bourne Langeneye Willyndon ought to repair and maintain for evacuation of the fresh waters and that they and their Ancestors did time out of mind so do And that the said Sewer in that place called Willindonestrow unto the said Gutter ought to be repaired by all the land-holders except within the before-specified limits so that the fresh waters being conjoyned by both the said Sewers might passe to the said Gutter and be thereby evacuated which Gutter to be repaired at the common chardge And that from .......... unto the house called Wyllindonestrow and to the Sluce of Pevensey it ought to be repaired at the chardge of all the said Land-holders in the Towns of Wortling Otham Hurst-Monceux Horsie Mankesie Haylesham Westham and Pevenesey only and that thence to the said Gutter it would be necessary for the safeguard of the whole Marsh to enlarge the same Sewer in bredth two perches and in depth three foot at the chardge of all the Tenants of the whole Marsh within the bounds and limits aforesaid And they presented moâ—eover that from the said place called Wyllendonestrow by the side of the said old Sewer on the East it would be fit to have a a new Sewer made in the common Marsh in bredth three perches and in depth xv foot extending to the said Hillock as also a new Gutter through the midst of that Hillock in length xx perches in bredth eight foot and depth two foot and an half and to enlarge the old Gutter unto sixty foot in length the chardge of all which was then esteemed at CClibr. And they farther certified that if the said Sewers and Gutters should be so repaired great profit and safeguard would accrue thereby but if speedy remedy were not had the losse in a very short time would be inestimable Whereupon command was given aswell to the Constable of Dovor Castle and VVarden of the Cinque Ports or his Lieutenant as to the Shireeve of Sussex to summon the Abbot of Begeham and his participants as also all and singular the land-holders in the Villages aforesaid to appear before the said Justices at Westham upon Monday next after the Feast of the Purification of the blessed Virgin to answer why c. as also all the land-holders within the said marsh that they should likewise then and there meet to perform and do what should be directed by the King 's VVrit so sent unto the said Lieutenant c. And the said Shireeve did make his return at that appointed day before the said Justices that he had given notice accordingly unto the Abbot of Begeham c. as also to the land-holders in the said Marsh to appear at Westham upon the day before-specified Divers others were then also summoned by the said Shireeve in like sort some whereof appeared but the Abbot of Begeham and many others came not And those that appeared answered that neither they nor their Ancestors whose estate they then had in those lands with the other lands tenements lying in the said towns of Wortlyng Otham Herst-Monceux c. had used to repair in common the before-mentioned Sewer from the place called Rikenebrig unto the old Sluce of Pevenese and that in case they had so repaired those Gutters and Sewers they should have had no benefit by the evacuation of those fresh waters as by the said Presentment was then supposed VVhereupon by virtue of another VVrit directed to the said Constable of Dovor a Jury was impanelled and Sir William Hoo Knight with divers others being summoned did appear in person and did severally say as to their Tenements lying in the said Town of Mankesye without the liberty of the Cinque Ports that there was a Sewer called Mankesey streme beginning at a certain boundary called Herstbolt and extending it self under Walleres Haven unto the old Port of Coding by which Sewer the fresh waters descending into those parts were evacuated and that they and their Ancestors whose estate they had in the beforespecified lands did use time out of mind to repair the said Sewer and had commodity and ample safeguard thereby without that that they and their Ancestors and those whose estate they had in the Tenements aforesaid did in common repair and maintain that Sewer beginning at the boundary called Squabber tending to Gorebreggs and
they pleased for their redemption Whereupon the said Participants not knowing otherwise what to do complained several times to Michael Monkton a Justice of Peace in those parts who not only refused to grant any Warrants or pursue any legal course for their preservation but on the contrary gave â—nâ—ouragement to the Riotors and upon an Indictment exhibited against some of them in the Sessions for these outrages which was found by the Jury some of the Justices there sitting thinking it fit to fine the Delinqnents at 4 or 5 marks a piece the said Monckton moved openly that their fines might be but six pence a piece and insisted so earnestly thereon that the fine imposed on them was no more than twelve pence a man Howbeit after this viz. in February 1650. upon a full hearing in the Exchequer a Decree was made for establishing the possession with the Participants which being published on the place in presence of divers of the said Inhabitants they having gotten the influence of the said Lilburne Wildeman and Noddel declared that they would not give any obedience thereto nor to any order of the Exchequer or Parliament and said that they could make as good a Parliament themselves Some expressing that it was a Parliament of Clouts and that if they sent any forces they would raise men to resist them and thereupon proceeded to the defacing of the Church at Santoft and within ten days time did totally demolish the Town it self with other Houses thereabouts to the number of fourscore and two habitations besides Barns stables and Out-houses as also a Windmill and destroyed all the Corn and Rape then growing on the said 3400 Acres the damage of all which amounted to fourscore thousand pounds as appeared by the Testimonies of sundry witnesses All which waste and spoil being done the said Lilburne Wildman Monckton and Noddel confederating together made an agreement with several of the Inhabitants of Epworth that in consiration of 2000 Acres of the said land so wasted to be given to Lilburne and Wildman and 200 Acres to Noddell they the the said Libburne Wildman and Noddel should defend them from all those Riots past and maintain them the said Inhabitants in possession of all the rest of the 7400 Acres before laid waste and keep them drie and in accomplishment of that agreement sealed Deeds accordingly VVhich being done the said Lilburne and Noddel with some others came to Santoft Church on the Sunday and forced the French Congregation from thence telling them that they should not come thither except they were stronger than they And after this the said Lilburne and Noddel went to another Lordship called Crowle where they agreed with some of the Inhabitants thereof to get their Commons again as Epworth had done advising them to impound the Tenants Cattell and that if any Replevin were brought they should impound them again and break down their Fences and eat up their crops and so tire them till they had attorned Tenants to them all which they did accordingly The Tenants therefore being thus terrified and seeing their condition no better than their Neighbours took Leases from Iasper Margrave and George Stovin two of Lilburnes Confederates who gave bonds of save them harmlesse by which practice and the former force the Petitioners became outed of their possessions in both these Mannours And at the making of those Leasâ—s Noddel declared openly in the presence of divers persons that he would lay xxs. with any man that assoon as Lilburne came to London there should be a new Parliament and that Lilburne should be one of them and call that Parliament to account Farther adding that they having now finished this of Lincolnshire meaning gotten the land from the Petitioners they would go into Yorshire id est the rest of the levell and do the like there and then they would give the Attorney General work enough to do And Noddel said at another time that now they had drawn their case they would print it and nail it at the Parliament dore and if they would not do them justice they would come up and making an out-cry pull them out by the ears And having thus possest themselves of the proportions above mentioned they dimised several parts thereof to sundry persons Lilburne himself repairing the House which had been built for the Minister and almost pulled down by the Rioters put his servants to reside and keep possession in it and imployed the Church for a stable and Barn A Narrative of all which barbarous outrages and high insolencies of the before-specified Lilburne Wildman and Noddel with their confederates were drawn up in writing by a Committee of the said Parliament to be represented to the House but that Parliament being dissolved by the power of the Army April 10th 1653. which was before this Report could be made by that Commitee the Council of State which was set up about ten days following did send for it and made reference thereof to a select Committee of the same Council who also farther examining the business and finding what had been so deposed and reported to be true signified as much to the said Council of State whereupon they did order that the forces of the Army quartering in the levell of Hatfield Chase or within the Counties of Yorke Lincolne and Notingham or any of them or any other that then were or might be in those parts should be aiding and assisting to the Officers of Justice and the said participants for setling and establishing the possession of the 7400 Acres of those late improved lands within the Mannour of Epworth in the said Report mentioned with the said participants and also for executing the Decrees and Orders of the said Court of Exchequer or any Courts of Justice touching their possession therein and likewise for preventing such Riots and outrages for the future And in respect of the great damage suffered by the said participants and their Tenants they farther ordered that the Commissioners of the great Seal for the time being should award a special Commission of Oyer and Terminer to the Judges of Assize for the said respective Counties to try the Ryotors and to punish them according to Law and Justice and to enquire of the damages suffered as aforesaid by the said participants and their Tenants to the end that they might have just reparations for the same VVhich order beareth date at White Hall the 31th of August 1653. But notwithstanding this the former Orders and Letters of the Parliament Council the said Inhabitants still continued in their riotous rebellious posture not giving any obedience thereto nor to the Decrees and Orders of the Court of Exchequer nor Precepts of the Court of Sewers standing in defiance and opposition to all Authority Upon another Petition therefore presented by the said participants and their Tenants together with a Remonstrance of the Commissioners of Sewers unto the Lord Protector and his Council an Order of reference was made upon the xvth
every Wane of the Moon and the fourth being stricken with a Palsie continned so untill his parents with great sorrow brought him to the Tomb of S. Audrey and there watching one night and promising upon the Sacrament to make satisfaction he became restored by the intercession of that blessed Virgin Neither was this Church possest by any other than these wicked Priests untill the tenth year of the reign of King Edgar For it hapning in that King's time that one Sigewold a Bishop a Greek by nation and Thurslane a Dane taking notice of the eminency of this place and becomming both of them suters for it more out of covetuousness than devotion one Wlstan de Delham Secretary to the King informed him of the fame and sanctity thereof and told him that such persons were not worthy of it and moreover declared unto him the life and miracles of the glorious Virgin S. Audrey in the presence and hearing of Ethelwold Bishop of Winchester then the Kings Confessor who taking notice thereof with great delight forthwith purchased it of the said King with such immunities and privileges as that it should for ever be free from any Regal tribute or exaction And having so done did put out those secular Priests and repairing the Church which had been destroyed by the Danes and continued desolate for an hundred years introduced Monks thereinto constituting Brythnod Provost of the Church of Winchester the first Abbot All which was performed in the year after the Incarnation of our Saviour DCCCCLx and from the time that S. Audrey first built it CCXCvii receiving into it those Priests which were content to undergo a Monastique life and augmenting it's possessions with divers other lands purchased by himself as also divers rich ornaments And obtained some of the said Kings grant And moreover bought of the said King not only the whole Isle scil xx hides of land which he had therein but the dignity and soke of seaven Hundreds and an half viz. two within the Isle and five and a half in the territory of the East-Angles â—ive at Meldeburne three and an half at Hernyngforde and twelve at North wolde for which he gave in exchange Lx. hides in Hertyngham given unto him by K. Athelstan bestowing other things for which he paid an hundred pounds as also a Cross of gold beautified with merveilous work and filled with Reliques which the said King in confirmation of his said grants and privileges to this place had offered here upon the Altar of S. Audrey with an admirable book So that the whole that this devout Bishop gave to God and S. Audrey within this Isle Marshes and Fenâ—s was no less than Lx. hides And to these concessions did the same K. Edgar adde the grant of xl hides of land lying in the town of Hatfeilde and moreover gave to the said Bishop the mannour of Sudburne upon condition that he would translate the Rule of S. Benedict out of Latine into English which he did and offered it to S. Audrey And lastly bestowed on the said Church his garment of fine purple made aâ—ter the fashion of a coat of mail and wrought throughout with pure gold whereof a Miter was made And out of his own Chapel several little Chests and Scroules with the Reliques of divers Saints CAP. XL. HAving now done with this second foundation of the said Monastery so made by that devout Bishop as hath been observed I must not forget the gift of Staney thereunto This was bestowed on it by the before mentioned Wulstan de Delham who had it with the Fen belonging thereto of the grant of one AEscuen a VVidow which Fen the Monks afterwards dimised for the Rent of two thousand Eeles unto a certain Kinsman of the said AEscuen who having been tenants to it formerly and continuing so likewise during the life of the said King Edgar did at length hold it as their own without any sentence or law of the Citizens and Hundreders Upon complaint made therefore of this injury to AEgelwine the Alderman who was then chief Justice to the King over all England the said AEgelwine came to Ely and summoned Reigmund de Holand and the rest that so held it to come before him to answer the sameâ— but they though often warned refused to appear nevertheless the said Abbot continued his sute and renewed his complaint to the people for that wrong upon all occasions At length the said Alderman sitting at Cambridge there was a great Court of those Citizens and Hundreders before xxiii Judges held under a câ—rtain place calledâ— Thirningfeld neer Maideneberge where the Abbot declared openly to them all how unjustly the said Reimund and the rest had dealt with him in dispossessing S. Audrey of this Staneye and how that they would never appear though frequently summoned VVhereupon the Judges decreed that the before specified Abbot ought to have the same again as also the whole fen and fishing and moreover that he the said Reigmund and the other defendants should pay to the same Abbot the arrear of fish due for six years and likewise give a forfaiture to the King and that if they did not freely do so they should be distrained by their Cattel And thereupon also did the said Alderman command that Oskytel and Osmund Bece with a Godere de Ely should perambulate that land and put the Abbot in possession thereof who did accordingly Of the before specified Abbot Brithnod I also find that by his care and industry the limits of this Isle were first set forth viz. from Cotingelade to Litleport or Abbotes delfe since called Bishops delfe being in length seaven miles And from Cherche were to Straham mere in breadth four within which compass divers petty Isles are included Moreover as a member thereof though lying without this circumference is Dudintone as also Chateriz where was a House of Nunns with the town of Wittlesey and Abby of Thorney which Abbot calling together the Inhabitants on every part thereof assigned them their several portions of land and for a perpetual evidence of the possessions belonging to his Church he caused that large and deep ditch to be cut through the main body of the Fenn which was then called by the name of Abbot's delfe as I have observed to the end it might remain as a boundary in that deep mud and water This Monastery being therefore so amply endowed with lands and otherwise richly beautifyed through the bounty of many zealous people who then thought nothing too much for the glory of God and his service and growing more famons every day than other by reason of the miracles which were done at the tombe of that renowned Virgin S. Audrey multitudes of people for devotions sake flocking thither it hapned that about fifty years after King Canutus a Prince of great wisdome valour and pâ—ety being desirous together with Queen Emma his wife and the Nobles of this Realm to keep the feast of the Purification of our Lady
ought to clense and scoure the Sewers of Stakesgraft Swynman dam and Swanelond so that the current of the water might not be hindred froÌ„ the fen to the Chanel which carrieth it to the Sea And they said that there was great necessity of a good Bank for preservation of the Fen betwixt Deping and Spalding from the House of Iohn the Son of Simon of Spalding to Wodelode to be made at the chardge of the Prior and Town of Spalding so that each aâ—re might be taxed alike and that no Hoggs might come neer that Bank nor any defensible Banks in any place of Holand nor the Sewers therein by the space of half a mile And they lastly said that all the beforespecified Ordinances were for the common benefit of the said Towns in Kesteven and Holand and that every Acre ought to be assessed alike in all taxes and costs for the necessary repair of the said Gutters Sewers Banks and Bridges In 25 E. 3. there was a Petition exhibited to the King and his Counsel in Parliament by those of these Provinces of Kesteven and Holand who resided in the Fenns shewing that whereas the antient boundary called Midfen dike and other metes which go through the said Fenns from the river of Weland to the stream of Withum which had wont to be the old limits betwixt these two Provinces as by certain Crosses of stone then continuing was very evident were at that time by reason of floods and other impediments so obscured that no certain knowledge could be thereof insomuch as great controversies and debates were occasioned betwixt the Inhabitants in those parts upon execution of the Kings Writs and otherwise the said King did therefore assign Saier de Rocheford Alexander Aunsell Simon Simeon Will. de Skipwith Thomas de Sibthorpe and Thomas de Levelance to take view of the said boundaries and to distrain all such persons for the scouring and clensing the same who ought to have performed that work After this divers years viz. in 41 E. 3. Godfrey Fuljaumbe Simon Simeon Walter de Campeden and others were appointed to view and repair the Banks Sewers and Ditches from Bardney ferry to Catebrig within the Province of Kesteven and within the Wapentak of Ellowe in the parts of Holand Upon a pleading in 3. H. 4. I find that on Will. Wyting of Deping was pardoned for the breaking down of two Crosses which had been set up betwixt these Provinces of Kesteven and Holand by five of the Kings Justices upon the said King's appointment In 3 H. 5. Thomas le Warre Robert de Wylughby Will. Lodingtone Robert Hagbecche Geffrey Lutterell Iohn Belle Iohn Henege and others were constituted Commissioners for the view and repair of the Banks Ditches and Sewers in these parts of Kesteven and Holand then in decay with direction to proceed therein according to the law and custome of this Realm and the Custome of Romeney Marsh As also to take such and so many workmen and Artificers upon competent wages as they should think fit to be imployed in that work in respect of the great necessity for expedition therein The like Commission in 5 H. 5. had Thomas Duke of Clarence Gilbert Umframvill William Lodyngton Iohn Cokayn Iames Strangways Thomas de la Launde and others and to act therein according to the custome of the Marsh and the law and custome of this Realm So also in 26 H. 6. had Iohn Viscount Beaumont Sir Robert Wylughby Knight Sir Raphe Cromwell Knight Sir Leo. Welles Knight Nich. Dixon Clerk Thomas Merys and others with direction to make Laws and Ordinances therein consonant to the Laws and Customs of Romeney marshe and to hear and determine of all things touching the same according to the Law and custome of the said Marsh As also to imprest Ditchers and other Labourers upon competent salaries and to imploy them in the said work as long as there should be occasion so to do in regard of the great and imminent danger which might by delays accrue In 7 E. 4. Richard Earl of Warwick Humfrey Bourchier Lord Cromwell Sir Henry Stafford Knight Sir Thomas Burgh Knight Oliver S. Iohn Esquire Will. Husee Will. Coote and divers others had the like Commission for the view and repair of all the Banks and Sewers c. from Staunford in this County to Dodyngton Pigot and from thence throughout these two Provinces to the Sea c. And in 34 H. 8. Charles D. of Suff. Rob. Dymmoke Tho. Heneage Iohn Copledyk Iohn Hussey and Rob. Tirwhit Knights Edw. Dymoke Ric. Themolby and others Esâ—uires then Commissioners of Sewers in these parts sitting at Donington decreed that the Floudgate or Sluse under Boston Bridge should be repaired at the chardges of the Wapentakes of Kyrton and Skirbek in Holand for the one half and the Wapentake of Ellow and Town of Boston for the other half to be performed before the Feast of All Saints then next coming in as compleat a manner as it had been formerly done by Margaret Countess of Richmund and Derby Moreover that two great Sewers xx foot wide and 5. foot deep should be made and digged in the divisions betwixt Kesteven and Holand from the most Western point at Gotheram coat corner neer the River of Glen unto Wragmere stake thence to the River of Wythom at Langrake where then lay a certain Sluse in the said River so as the said Sewer and Water-courses were noâ— above xxxvi foot one from the other until they come to Wragmere stake and that the menure should be cast betwixt the said Sewers to raise a firm Bank And from Wragmere stake both Sewers to run in one Chanel of xxx foot broad in a direct line leaving the division of those Countries to Gilsyke to go wholy in the Eight hundred Fen of Holand And that the said Sewers from the River of Glen to Wytham so intended from the South to the North should â—all into enter and go through all the loads and draynes in the Fenns aforesaid which came out of the parts of Kesteven to Hamond beck alias Holand Fen dyke to the end that all the water going together might the better run within its own Brinks and Chanels and the sooner come to the Sluse at Skirbek gote and the new Gotes by that decree intended And that those Sewers should be made in manner following and in places hereafter named viz. first from the said place called Gotheramscote unto Nestilholm corner by a right line on the outside of Nestilholme aforesaid where the Harth stede is and the limits divyding Holand and Kesteven and that the said Sewer should come as neer to the corner aforesaid as might be so that it enterd not into the Dyke of Nestilholm aforesaid And that the said Sewers should be made from the place to the place aforesaid on the Westside within the several Townships by the Inhabitants of Burne cum membris Moreton cum membris Haconby cum membris
pasturage for their Cattel took advantage of a false rumour then spread of King Henry the second 's death it being the xxxv and last year of his Reign and he then beyond Sea and bearing themselves not a little on their strength and wealth thought that they might oppresse the poor Monks of Crouland without any controul Whereupon Gerard de Bamvill Fulke d'Oiri Thomas de Multon the elder and Conan son of Helyas who were much displeased with the said Monks of Crouland for other respects associating to themselves Richard de Flet and Walter with many others came to Nicholas then Prior of Spalding and moved him to be their Leader and to augment the number all the chief men of Ellow Wapentake some few excepted conspiring with them sometimes had their meetings in the Prior of Spalding's Barn at UUestone and sometimes in the Church at Holbeche When therefore the Abbot of Crouland according to Custome kept up his Marshes as every year he had used to do about Rogation week and to the end that his Hay might have the better growth caused Proclamation to be made upon the Bridge at Spalding that the men of Holand and others should keep their Cattel from coming thereinto they not only refused so to do but drove in many more than they had formerly done Whereupon the Abbots servants impounding them the men of Holand grew very angry and having set a day viz. the Feast of Nereus and Achilleius they then came into the said Marsh of Crouland all armed as it had been to battail to the number of above three thousand Whereof the Abbot having notice he forthwith accompanied with a few of his own Family met them at the Bank called Asendic which is the boundary of Crouland Fen and earnestly intreated peace with them for he feared that they had a purpose to destroy the Abby and to that end were so come together But they answered him scornfully and passing through the midst of the Fen shared it among themselves according to the situation of their Towns And having so done pitched Tents and made huts on every side the Abby wherein they placed guards of armed men to keep each part thereof And likewise digg'd turf cut down a great part of the wood and Aldergroves of Crouland and burnt them depastured their Meadows and carryed away the Hay with divers other violences by the space of xv days the Abbot and Monks with their servants being all this while shut up so that they durst scarce go out of their Church dores In this lamentable condition therefore they resolved to make complaint to the Kings Justices and to that end dispatch'd a messenger to Geffrey Fitz Piers then dwelling at Clive in Northamptonshire who hearing of these great outrages sent six Knights from Northampton to be better informed thereof Which Knights coming first on the East side of the Abby there found the Tent of Sutton men who were Tenants to Geffrey de Canvill and had all sorts of weapons with them and said that they were there by their Masters command So likewise did all the rest answer the Tent of Spalding men being the last But the Abbot himself being most sensible of these high oppressions got out privately and made all the haste he could to London where he represented to Hubert Walter substitute to Ranulph de Glanvill the Kings Chief Justice then beyond Sea with the King and to his fellow Judges these great injuries and abuses shewing them the Kings Charter which setteth forth the bounds of those their Fens VVho thereupon much compassionating the said Abbot and his Monks sent forthwith in the Kings name to the said Geffrey fitz Piers and required him that he should call before him the Prior of Spalding and all those men of Holand and to do the said Abbot right upon them whereof these Riotors hearing they presently burnt their Cabbins and went to their own homes At the summons therefore of the before-mentioned Geffrey fitz Piers the said Prior of Spalding and the other Delinquents met him at Deping to which place the said Geffrey brought many eminent persons with him upon the Friday in Whitson Week where the Abbot of Crouland chardged them with the breach of the Kings Peace and all the violence and wrong before-specified There were likewise seven particular men who stood up and on the said Abbots behalf laid to the chardge of seven of the principal offenders that each of them had damnified the Abbot to the value of xx Marks Whereupon some of them were sent to Prison to Northampton some to Rokingham and some to other places The particulars touching this sute for it lasted five years would be too much trouble to rehearse but at length the Abbot prevailed and recovered the possession of those Marshes the businesse being determined in the year MCXCxiij 5 R. 1. But though this sute had then an end the Prior of Spalding renewed his former claim yet in the end they came to an amicable agreement by a Fine levyed betwixt them in 18 H. 3. whereby it was concluded that neither the one nor the other should impound any Cattel of them the said Abbot and Prior or their Tenants of Crowland Spalding Pinchber Langtoft Baston and Deping depasturing within the Fens of the said towns nor take in any strangers Cattel into those Fens About this time Will. de Albinci a great man in these parts challenged right of Common in divers of these Fens Whereupon by a fine levyed at Lincolne in 24 H. 3. betwixt the then Abbot of Crouland and Prior of Spalding and the said William it was determined that he the said William and his Heirs should have Common of Pasture for all manner of Cattel belonging to himself and all his Tenants of Uffington Caswike and Tallington in the Fens of Crouland Spalding Pinchbec Langtoft and Baston In ..... H. 3. there was a Presentment exhibited to the Justices Itinerant at Lincolne by the Jurors for the Wapentake of Ellowe setting forth that there was two courses of water in the common River of Croyland the one nearer and the other more remote And that the nearer current was the right Chanell and of sufficient depth wherein they that did go with Barges and Boats might well passe too and fro but that the Abbot of Croyland had by planting willows thereon so obstructed straitghned the said course of that stream that Boats and Barges could not passe as formerly they had But it was afterwards adjudged both by the said Jurors and likewise by the Justices Itinerants for this County who passed that way to view the same that the current of the said water was much more proper and commodious in the place where then it went than there where the Jurors presented the default to be provided that it might continue as wide and deep as it then was and that it might be straight and not bending as the old one was and therefore they concluded and ordered that it
Gutters formerly there were then obstructed and the bridges decayed by means of a certain controversie which had long been betwixt Iohn de Britaine Earl of Richmund and Robert de Grelly touching the metes and bounds of that Fen and through the default of those who ought to have repaired those Sewers Ditches c. the King therefore appointed Iohn Beke and N. Stapleton to enquire thereof c. VVhat was done therein I find not but the next year following the King by the advice of his Justices commanded Iohn Beke N. de Stapilton and Roger Loveday to enquire who ought to repair the Bridge called Peccebrig and the two Bridges in Spalding who finding by Inquisition that the Abbot of Croyland the Prior of Spalding and all men holding lands in Spalding were obliged to the repair of them according to the proportion of land which they held in the said Town so that every acre were assessed alike summoned the Prior of Spalding and all the Free-holders in Spalding to come before them who all of them excepting the Abbot of Crouland appeared and consented for themselves their successors and heirs to repair and maintain those Bridges according to the quantity of their lands that they had there provided that the said Abbot would do the like for his And because the said Abbot absented himself and refused command was given to the Shireeve that he should summon him to appear before the Commissioners before-specified at Boston upon the Eve of S. Laurence At which time he accordingly came and in the presence of Raphe de Hengham I. de Metingham W. de Burenton and Roger de Leicestre agreed for himself and his sâ—ccessors to do as the said Prior had done viz. that they with the consent of the Free-holders of Spalding would repair and maintain those Bridges according to the proportion of their lands in that Town so that every Acre should be assessed alike of the demesnes aswell new as old and of the Villenages And that if any shops or stalls should be built upon the said Bridges all the benefit arising by them should redound to the repair and maintenance of the same In 12 E. 1. Iohn de Wigetost having commenc'd a sute against Iohn the son of Osbert de Swyneheved and divers others for making of Ditches in the said Fen called Haute hundre fen Swyneheved Wyktost Sotterton Algerkirk Kirketon Fraunkton Wyberton and Skyrbek so that he could not drive his Cattel to the said Fen desired license to withdraw his sute which was granted About two years after after this there was a great inundation in these parts at which time the most of Boston was drowned and the Monastery of Spalding suffered much loss The King therefore having advertisement that excessive damage had befallen this Province by the want in repair of the Causey called Holand Causey and by the decay of the Banks Ditches and Sewers in these parts gave special command to Iohn de Vaux and his fellow Justices itinerant in this County of Lincolne that they should search their Rolls and send unto him aswel such Inquisitions as had been made by them touching the repair of that Causey Banks Ditches c. as those which were taken by Martin de Littelbury and his associates Gilbert de Preston and his as also of other Justices itinerant in this County in the time of King Henry the third Who did accordingly which Inquisitions so transmitted as aforesaid did then remain in the custody of Sir Raphe de Hengham upon a certain file of Records of the xxth year of this Kings reign Upon perusal whereof by the Justices of the Common pleas they thought not fit to proceed to judgement nor to cause any distresses to be made because it did not appear by what had been done therein that any of the parties consented thereto but rather that thâ—y were taken in their absence for which respect they deemed it necessary that all such persons as were concern'd in that businesse should appear in Court that the matter might be argued and determined in their presence And because they thought that it would be too much trouble and inconvenience for so great a number of people to appear before the King wheresoever he might then be in this Realm and therefore that it might be better to have the same â—iscussed in these parts the said King did by the advice of those his Justicâ—s itinerant direct his precept unto Iohn Beek Nicholas de Stapilton and Roger Loveday that they should enquire who ought to repair those Banks Ditches and Bridges and to distrain them thereto Who accordingly making Inquisition first concerning the bridge called Pekkebrig and then of the two bridges in Spaldyng and finding that the Abbot of Crouland the Prior of Spalding and all the Land-holâ—ers in Spalding were obliged to those repairs according to the proportion of land which each man had in that Town so that every acre were alike did thâ—reupon summon the said Prior of Spalding and the whole number of the free-holders in that Town All which excepting the said Abbot appeared and agreed for themselves their successors and heirs to repair and maintain those Bridges according to the quantity of their lands in that Town though the said Abbot would not consent thereto for his portion And because the said Abbot did absent himself and refused the Shireeve had command to give him special summons to appear at Boston upon the Eve of S. Laurence at which tune he came thither before the said Commissionersâ— and in their presence as also in the presence of Raphe de Hengham I. de Metingham W. de Brumpton and Roger de Leycestre accorded for himself and his successors that they with the assistance of the Inhabitants of Spalding would repair and maintain the said Bridges according to the proportion of land which each of them had in that Town so that every acre might be assessed alike of the demesnes aswell old as new and of those held in Villenage and that if any shops or stalls should be built or planted upon those bridges all the profit arising thereby to be imployed in their repair In 15 E. 1. W. de Carleton and Will. de Candlesby were constituted Commissioners to enquire through whose default the Sea-banks in this Province were in decay and so consequently broken by the violence of the tides to the great damage of the Inhabitants much of their low grounds being thereby drowned And by an Inquisition taken at Scoft near Trokenhou before Simon de Ellesworth and his fellow Justices upon Monday next after the feast of the Epiphany in the xxiith year of the reign of the said K. Ed. the first it was found that the Towns of Tid and Sutton in this Province of Hoiland in Lincolnshire and of Tid Neuton and Leverington in the County of Cambridge could not be preserved except the fresh water of Scoft neer Trokenhou were restrained unto the bredth of four foot and
the Epiphany under the penalty of CCl. And the before-specified Jurors farther said that there was a certain Gutter made in the Town of Multon called Bollisgote which ought to be repaired by the Inhabitants of that Town according to the number of acres which each man held therefore summons was given them to perform the same accordingly in form aforesaid before Whitsontide following upon pain of an hundred pounds But upon Thursday which was the Eve of S. Barnabas the Apostle at the request of some of the Country the Commissioners above named came to view the before-specified Chanel and to enquire by the said Jurors what was done in order to their Decree Where being met the Jurors presented that the Sewer which led to that streightning down to the Sea lying betwixt both the Counties above-mentioned ought to be enlarged to xx foot in bredth viz. on each side ten foot And because it was found by the said Jurors that the before-specified Decree for that straightning of the Chanel abovementioned could not be done within that time prefixed as it ought to be in respect of the great abundance of water it was respited till the feast of S. Peter ad Vincula commonly called Lammas and so likewise was the making of the said Sewer and that each Town adjoyning to the same Sewer should make it so far as their Land did extend And thereupon came Adam de Tydd and other of the Inhabitants of Tydd and consented to make and repair the Ditch of Sutton Marsh betwixt Schoft and Gedeney according to their number of Acres provided that they might not be chardged for their Land lying in Tyd Marsh before the said Marsh was defended by those Sewers and straightning that Gutter of Schoft In 23 E. 1. upon an Inquisition taken at Gosberchirche within this Province of Holand on Friday in Whitson week before Adam de Crokedayk and William Inge it was found that all the Landholders within Donyngton in this Province ought according to the proportion of what they held repair and maintain the Causey of Holand with little Bridges and likewise Ditches on each side thereof from the said Town of Donyngton to the new Ditch And that the Prior of S. Saviours ought to repair and maintain the same in manner as aforesaid from the said Ditch to the Town of S. Saviours in regard that the said Prior had Lands in that Town worth xxl. a year for the repair thereof And it was then presented by the said Jurors that there were very many defects at that time in the same Causey for default of its repair by the said Prior and Inhabitants of Donington and most of all for want of Bridges which had been carried away on each side of that new Ditch And they also presented that the Sewers of Scathegarst Swyneman dam and Swane lode ought and had used to be xvi foot in bredth and so deep as that the water might have a free passage and repaired by the Town of Donyngton unto the River to Byker which runneth to the Sea and to be opened from the first day of March untill the Fâ—ast of S. Martin and so likewise from the said Feast of S. Martin to the first day of March except there should happen to be such an aâ—undance of water at that time tâ—at the Sewers could not suffice but that this Province of Holand would be drowned and in such case that it should be lawfull for them to stop the saiâ— Sâ—wers opening them again at the câ—asiâ—g of those inundations And they said that for default of râ—pair of those Sewers there was thâ—n great damage in the Common Marsh adjoyning and that then thâ—ough the surplusage of water those Sewers wâ—re stopt and not by any other means Aâ—d they also said that the before-mâ—nâ—ioned Chanel of Byker ought to bâ— râ—paired by the said Town of Bâ—ker as often as need should require and tâ—at it was not then so deep as it had used to be for carrying away the water of â—â—e said Sewâ—rs And they said moreover that the Sewer of Quadring Ee had a Gutter and that the same Sewer ought to be of the before-specified widenesse and depth and to be repaired by the Town of Quadring and that it was stopt up by the same Town three years past And that the Sewer of Risgate had Gutters which ought to be repaired and maintained by the Towns of Gosbercherche and Rysgate and that it was obstructed by Ranulph de Rye towards the Marsh but four days since and likewise that it ought to be of the said bredth and depth And that there ought to be a Sluse betwixt the Marsh and it of sixteen foot wide and also to be oâ—en in such sort as the Sewer of Scalegarst unlesse there should happen to be so great an inundation as aforesaid but that ceasing then to be opened And that the course of that Sewer which towards the Sea was called Newe Ee gate had wont antiently to run directly through the midst of the Marsh in Gosvercherche belonging to the Abbot of Pâ—terborough untill thirty six years before that by the flowing of the Sea and the fresh waters it became obstructedâ— thereupon by force made it self another current which it then held And they likewise said that aswell the water of the Sea as the fresh began about three years then past to goul the antient Chanel and that the before-mentioned Abbot discerning the same repaired it for the safeguard of his own land And the said Jurors being asked whether that the Chanel which the water had at that time was sufficient for the delivery and evacuation thereof answered that it was but they said that the antient course thereof would be more proper and beneficial than the current which it then had because it might be repaired with the lesse chardge running in a straight line than by a circuit and crookedly and sooner dischardge it self But whether it went in the old or the new Chanel they affirmed that it ought to be repaired and maintained by the Town of Gosbercherche And being enquired of the damage which the Abbot might sustain in case the same water should be reduced into it's antient Chanel they said that he would lose fourscore acres of marsh in regard he could have no way to it by reason thereof And they said moreover that the Sewer of de la Beche ought to be three foot in bredth and as much in depth at the head thereof towards the said Marsh and lower towards the Sea xvi foot in bredth and wheresoever it was to be narrower to continue the same depth as abovesaid and that it ought to run all the year long but was obstructed in the time of K. Henry the third father to the King that then was by Henry de Bathe at that time a Justice Itinerant which obstruction was continued till that time by the Towns of Gosberchirche Pinchebec and Surflet and that it ought to be repaired and maintained from the
betwixt the Crosse at Wolmerstye and Tyd bridge In 4 E. 3. to the said Iohn de la Gutere William de Ros of Hamlake Iohn de Multon Parson of Skirbek and Will. de Farford for those betwixt Wrangel haven and Boston and in 5 E. 3. to Robert de Malbethorpe Geffrey de Edenham Will. de la Lound and William de Poynton for those upon the Sea coast betwixt Kesteven and Holand In 7 E. 3. the King directing his Precept unto Geffrey le Scrope and his fellow Justices of the Pleas before himself to be holden signified unto them that whereas by an Inquisition then lately taken before Robert de Malberthorpe and his associates Commissioners for the view of the Banks Ditches Gutters Sewers Bridges Causeys and Floud-gates in the parts of Kestevene and Holand it was found that the Prior of the Chapel of S. Saviours ought to repair and maintain the Causey called Holand brigg and thirty Bridges upon the same according to certain boundaries and limits and that they the said Justices at the sute of him the said Prior affirming that he ought not to be charged with the said repairs the said King caused the Record Process of the said Inquisition to be brought before him And that afterwards by the Petition of the said Prior exhibited to him the said King and his Council in the Parliament held at Yorke setting forth that upon their giving Judgement afterwards in that businesse there hapning a manifest error therein to the no little damage of the said Prior he the said King caused the Record and Processe thereof to be brought before him and that upon perusing the same it clearly appeared that one Godwine a rich Citizen of Lincolne founder of that house of S. Saviours gave the site of that Monastery and certain other lands to the Canons of Sempryngham there residing to the intent that the profits thereof should be expended to the glory of S. Saviour and the brethren there serving God and the surplusage imployed in the repair of the before-specified bridge And that upon their giving judgement therein as aforesaid there was an errour because by the Charter of Foundation before-mentioned the maintenance of the said Prior and his brethren was first provided for and the surplusage only assigned for the repair of the said Causey but by that their judgement they had put the maintenance of the said Prior and his brethren in the last place which ought to have been in the first The King therefore for the rectifying thereof commanded the said Geffrey le Scrope and his fellow Justices to look upon the Record before expressed and cause it to be amended and to inform him both of the value of the lands so given to that Monastery by the said Founder and of some way whereby the repair of that Causey might be ascertained and lastly to supersede the distraining of the said Prior for that respect whilst the businesse was thus undetermined In 11 E. 3. Sir Richard de Roos Knight Will. de la Launde Will. de Poynton Laurence de Leeke Thoma Levelaunce and Will. de Thorpe were constituted Commissioners for the view and repair of those Banks and Sewers betwixt the Crosse of Wolmersty and the bridge at Tid And in 13 E. 3. Roger de Cobledyk Roger the Parson of Framton Lambert de Hiptoft and Iohn de Polincroft for those in the Wapentake of Kirketon Mâ—morandum that in the year of our Lord MCCCxlij 16 E. 3. the Abbot of Swinâ—sheved and Sir Nicholas de Ry Knight did implead the Abbot of Peterborough for CCCxl acres of marsh with the appurtâ—nances in Gosberchirche viz. the Abbot of Swinesheved for CC. and Sir Nicholas for Cxl. by two Writs And the first day of the Assises at Lincolne was on Wednesday bâ—ing the morrow after the Feast of S. Peter ad vincula at which time there camâ— thither Gilbert de Stanford then Celerer to the Covent Iohn de Achirche Bayliff of the said Abbots Mannours together with Sir Iohn de Wilughby Lord of Eresby Sir Iohn de Kirketon and Sir Saier de Rocheford Knights Iohn de Multon Parson of Skirbek as also divers others of the said Abbots Counsel And because the defence of this sute seemed difficult and costly to the Abbot in regard that his advâ—rsaries had privately and subtilly made the whole Country against him especially the Wapentake of Kirketon he submitted to an amicable Treaty of peace on the day preceding the Assise the place of their meeting being in the Chapter-house of Lincolne At which Treaty in the presence of Sir Nicholas de Cantilupe who was the principal Mediator betwixt them as a friend to both sides and other Knights and friends above-specified the said Abbot of Swynesheved and Nicholas de Ry did set forth their claim in that Marsh affirming that it did belong to them of right by the Custome of the Country because that it was increased and grown to their own antient Marshes by addition of sand which the Sea had by it's flowings cast up insomuch as by that means coming to be firm land they said that they ought to enjoy it as far as Saltenee and in regard that the said Abbot of Peterborough had possessed himself thereof contrary to right and against the said Custome they had brought the Assise of Novell disseisin in form aforesaid Whereunto the Counsel for the Abbot of Peterborough answered that the Custome of this province of Holand so stated by the Plantiffs ought thus to be understood and qualified viz. that when by such addition of any silt or sand there should happen an increase of land and by the Seas leaving thereof become firm ground it ought to belong unto him to whose firm and solid ground it first joyned it self without any respect whether it grew directly to it or at one side And they farther said that the before-specified Marsh did originally joyn it self to the antient Marsh of the said Abbot of Peterborough whereof that Monastery had been seized time beyond memory as it appeareth by Domesday book where it is recorded that the Abbot of Peterborough had xvi Salt pans in Donington Moreover in the Charter of King Richard the first there were confirmed to the said Abbot three Caâ—ucates of land with the Salt pans and Pastures and all their appurtenances in Holand So that the said soil increasing by little and little ought not to belong unto the Abbot of Swinesheved and Sir Nicholas according to the Custome of the Countrey because that a certain part of Salten Ee which was not then dry land did lye betwixt the old Marsh belonging to the said Abbot of Swinesheved and Sir Nicholas and the Marsh whereof they pretended so to be disseised Which part of Salten Ee could not at all be drayned because that the fresh waters had used to run through that place from the parts of Kesteven to the Sea untill Geffrey Abbot of Peterborough Predecessor to the then
and some not so that no earth could be digged there withont the good will of those whose lands adjoyned thereto Whereupon the said Commissioners decreed that by the oversight of Iohn de Wykenhale Iohn de Reynham Adam de Blowere and Alexander de Walpole who were deputed thereto upon their Oaths earth should be taken off those mens lands which lay so there for the repair of the â—aid Bank giving a valuable consideration for the same according to the judgement of those persons so sworn and that the repair thereof should be accomplished before the said Feast of the Nativity of S. Iohn Baptist upon penalty of an C. Marks At that time did the Jurors also for the Hundred of Clakelose present upon their Oaths that there was a certain Band betwixt the Town of Utwell and the Priory of Molycourt which bank the Land-holders betwixt it and Pokedike ought to repair and raise higher for the advantage of the bank of Pokedike and defence of the Country viz. Thomas de Ingaldesthorpe Iohn fits Gilbert and others wherefore the Shireeve had command to distrain them by all their lands betwixt Utwell and Molycourt till the said Bank was repaired as it ought to be Afterwards upon Wednesday after the invention of the holy Crosse in the 23th year of the same King Edw. 1. the said Justices made another Inquisition by Robert de Hakebeche and others who said upon their Oaths that of necessity the water of Upwell ought to be stopt at the house of Raphe Smyth of that town and that the antient course thereof ought to be scoured and enlarged from the Sluses of Elme to that stop in Upwell to the bredth of xl foot and deeper by six foot than it was at that time And they also said that it was necessary that the said water of Upwell should have it's course by the Little lade and a place called Wadyngstowe untill such time as the before-specified Sewer could be clensed repaired and so enlarged And they said that Tyd S. Giles Neutone Leveringtone Wisebeche Elme and Upwell of the County of Cambridg should at their peculiar costs repair the one half of that Sewer and that Robert de Scadeworthe Steward of Ely did undâ—rtake for that moytie And the Town of Wygenhale on the part of Marshland Tilneye Tyringtone Walpole Waltone Utwell Waisokne Enemethe Clengwartone with the Commoners in Marshland Common to repair at their costs the other moytie so that all those Land-holders above the said stop at Upwell towards Meremaund should be totally quit of any contribution thereto And the said Steward of Ely on the behalf of the said Couâ—ty of Cambridge was to superintend Iohn de Fictone and Adam de Blowere Assessors and Collectors for the Town of Wygenhale Philip de Fenne and Stephan fitz Walter Assessors and Collectors for the Town of Tâ—lneye and the Hamlets William de Sybille and Iohn de Dulingham Assessors and Collectors for the Towns of Tyringtone and Walpole and Raph fitz Iohn together with the said Iohn de Dulyngham Assessors and Collectors for the Towns of Walsokne Waltone and Enemethe all sworn and thereunto appointed that they should begin the said stop and clensing of that Chanel upon the morrow after Ascension day so that the same water should by such scouring and enlarging of the said antient Chanel run before the gule of August then next ensuing under the penalty of an Cl. And in case that passage called Lytlelode and Wadyngstowe should not be sufficient for the carrying away of those waters it was determined that they should be enlarged as they were afore time by the view of the Shireeve of Norfolke both as often and in what places need might require And the Shireeve of Norfolk had command that as often as he shouâ—d be required to assist the persons above-specified so deputed to assesse and collect those moneys he should be aiding to them not favouring either rich or poor therein And it was also decreed that Lytlelode and UUadyngstowe should be opened untill the before-specified Sewer were clensed viz. the gule of August And the Jurers of both the said Hundreds farther said that the chardge of scouring the sâ—id Sewer might be dâ—frayed for six score and two pounds whereof the Steward of Ely did undertake to levy the moytiâ— upon the Towns in Cambridgâ—â—ice And to this contribution Tiâ—â— yâ— with the Hamlets belonging thereto was taxed at xil Tiringtone at xil. UUaipole at xil UUaâ—tone and Enâ—mâ—the at xil. UUalsokne at xil UUygâ—nâ—â—lâ— at Cs. and Utwâ—il in the County of Norfolk at xxs. And if those monâ—ys would not suffice to perform the same that then the Towns of both Counties to contribute more as need should require And the said Shireeve had likewise commaâ—d to distrain Thomas de Ingaldesthorpe Thomas de S. Omer Iohn fitz Gilbert Iohn Blakeman Walter de Palmere Simon fitz Agnes the Prior of Molycourt and Alan le Mutere Land-holders in Utwâ—ll and Molycourt to repair tâ—e Baâ—k bâ—twixt UUâ—lle and Molycourt for the advantage of the said Bank of Pokedike so that every Acre should be assessed alike in the said contribution and that the said Bank should be perfected before the Feast of S. Peteâ— ad vincula commonly called Lammas upon penalty of xxl. And the said Shireeve of Norfolk had moreover command that he should distrain the before-specified Town of Utwelle to the repair of the Bank called Sandy diche before the said feast of S. Peter ad Vincula upon penalty of xxl. And likewise to distrain all the tenants of the Lands of Pachefeld and Kirkefeld in the Towns of Utwelle and Upwelle to repair the Banks and Ditches in those fields so that every Acre should be assessed alike and the said repair accomplished bâ—fore the Feast of S. Iohn Baptist upon penalty of xxl. And morâ—over to distrain all those who ought to repair the Bank at Pokedyke so that it might be finished before the Feast of S. Iohn Baptist upon pain of xxl. And because it was presented by Iohn de Wygenhale Iohn de Reynham c. then deputed by the said Justices to take earth for the repair of the said bank of Pokedike from the ground lying neerest thereto and that the Abbot of Dereham had within the same bank CCC acres of land they were commanded to take earth off the said Abbots land lying an Acre distant from the Bank provided that the said Abbot had competent satisfaction for the same according to the judgement of the said Jurats because there was no other earth within that Bank to be found so proper for that service Howbeit no sooner was the before-specified Chanel at Littlelode so made as by the Decree of the said Comissioners had been directed but that some mischievous people broke and threw down the banks thereof the King therefore upon complaint to him thereof made did grant a new Commmission â—nto the said Simon de Ellesworth and Thomas de Hakeford to view the same and to enquire
out the Malefactors Anâ— for the better discovery of them did the year following issue out another Commission unto Will. de Bereford Will. de Carletone and Simon de Ellesworth by which there is mention made that Peter de Campania Thomas de Hacford and Adam de Shorpham having been appointed to view where and in what manner the water of Utwelle before spoken of might have it's passage to the Sea by Chanels and Gutters without mixing with the waters of the adjacent Towns for the more security of the Inhabitants of that Country did cause it to be stopt in three places and reduced to it's right and antient Chanel The like Commission about three years after was directed to William de Carletone and Will. Haward Whereupon they met at UUelle upon Wednesday after the Octaves of Easter at which time and place the Shireeve of Norfolk brought a Jury who being then and there sworn said upon their Oaths that Robert Russel Bayliff to the Abbot of Ramseye Iohn Mayner Walter Hulleman and others did by force and arms break down that Dam so made at Smalelode as hath been observed and that Richard Curteys broke the other at UUadyngstowe for which respect the said Shireeve was commanded to take the said Robert Iohn Walter and the rest of those Malefactors and imprison them safely till hâ— should receive farther order In 1 E. 2. at a Session of Sewers held at Cowstowe within the Liberties of Tilney before Richard de Halstede and others upon the Monday next after the Feast of the Apostles Peter and Paul it being found by the Jurors that the Sea-bank from the stone Crosse unto Cowstowe aforesaid was then in good repair viz. in bredth xij foot and as high as was necessary the Prior of Meremonde and Sir Henry de Walpole Knight Attorneys to the Prior of Ixworth did take exceptions against that verdict because it was presented to be a Sea-bank alleging that from Lakebrigge to Cowstowe there was not any Sea-bank or Marsh-wall but that there was a certain Causey for driving of Cattell belonging to the Towns of Upwell and Utwell into and out of their Common within the Fen which Causey was no safeguard to any mans land and that it was then sufficient for that purpose with some repair of a sew defects therein Whereupon the said Prior and Henry required judgement from the before-specified Commissioners therein and that the persons who had benefit by such driving of their Cattel too and fro should contribute to the making and repair thereof according as they had Commodity thereby as it was the Custome of the Country and as the said Kings Commission did direct which Judgement and Decree was published accordingly and the said Jurors amerc'd for their erroneous presentment After this viz. upon Saturday next after the Translation of S. Thomas the Martyr in the first year of the said Kings reign at a Session of Sewers held at Wisebeche came the said Prior of Mermonde and Sir Henry de Walpole before R. de Seytone and his fellow Justices in the behalf of the said Prior of Ixworth and took exceptions against the verdict of the Jurors made at Welle in the fourth year of the said Kings reign in regard they then presented that the said Prior had two brecks upon the brink of his Frontier which he ought to amend and repair and that they said and decreed that from the said Stone-crosse unto Cowstowe each man ought to be chardged to the making of his brinks so adjoyning to his Frontiers Which Prior then said that from Lakebrigge to Cowstow there was neither Sea-bank nor Marsh-wall or any other defence than only a Causey whereupon the Commoners of the Countrey did drive their Cattel and that every man ought to be assessed for the repair thereof according to the benefit which he had by it and this he desired might be enquired of by the Jurors Who being accordingly impanelled and sworn did on the behalf of the said Commoners of Welle justifie the said Decree and thereupon they put themselves upon tryal of another Jury Which Jury being sworn said that the said Bank from Lakebrigge to Cowstowe was not then a Bank for the safeguard of any mans land as aforesaid howbeit in antient time before the fresh waters had their passage towards Wigenhale it was a Bank of defence â—ut since that it neither was nor could be except a new Ordinance were made in regard of the excesse of water and height of the ground And they farther said that the before-specified Prior in those days was not alone lyable to the making and repair of the same Bank from his Priory unto Cowstowe as the sâ—id Jurors had presented because he did not alone receive benefit thereby And they said that the Bank within those bounds was the safeguard and defence of the Fishing there and for the Pasturage of the Commoners because that by the said Bank the same Priors fishing and other borderers was both kept from the Sea-water and that the Fish could not get away into the Fen. And as to the Pasturage they said that the same Bank did serve for divers Commoners and people of the Counties of Huntendon Cambridge and Norfolke to drive their Cattel to and fro from the Commons of the Fen. And they did finally ordain that the said Prior and every person having fishing within the bounds from Lakebrigge towards Cowstowe should according to the quantity thereof and the Commodity he had thereby make the said Causey and Bank And that the said Prior and every Commoner of the whole Hundred of Wisebeche and all others who had drift for their Cattel that way should contribute to the repair and maintenance thereof according to the benefit which accrued to them thereby as abovesaid And moreover that the said Prior should recover damages for that erroneous presentment which were tax'd at xxs. In 7 E. 2. Walter Bishop of Cov. and Lich. and Henry de Stantone were assigned to view the Banks and Sewers in these parts of Marshland and to take order for their repair The like assignation in 12 E. 2. had Iohn Haward and Iohn Hotoft for those at Tirington So also the next ensuing year had Thomas de Ingoldesthorpe Iohn de Fitton Iohn de Hotoft and Will. Bataile for all the banks throughout this Province of Marshland But in this last specified Commission the said Thomas de Ingoldesthorpe and his associates did nothing in effect so that great complaint was made to the King by the Inhabitants in these parts he therefore issued out a new Commission to them bearing date the 24th of August in the 14th year of his reign commanding them that without delay they should proceed therein Whereupon a Jury was summoned to attend them at Tyrington upon Fryday being the Feast day of the Decollation of S. Iohn Baptist. Who appearing accordingly did upon their Oaths present that the preservation of the Town of Wigenhale
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
this River of Well Ee neer Salters lode be made two Jettyes of wood or stone each opposite to other and distant xviij foot to hinder the tides from flowing up Westwards towards Welle and that the fresh water may have the quicker fall into the Ouse and this to be done by the Inhabitants of Marshland and Town of Wiggenhall 13 That the common Sewer called Thiefe lake lying in Denver fenne be made within xl Rood of Salters lode between Shiplode and Salters lode and x foot wide unto the Land lake with a sufficient gole by Thomas Gawswell Gent. owner of the Mannour of East Hall in Denver 14 That the Common Sewer in Denverfenn called Streme lake be made of the widenesse of x foot to bring the water out of the Fenn by the space of six furlongs to be made and kept by the Inhabitants of Denver with a sufficient gole c. That the other common Sewer called Denver hithe lying in Denver fenn between Streame lake and Shiplode be made one furlong in length or more and x foot wide with a sufficient gole by Nicholas Haâ—e Esquire owner of the Mannour of West Hall in Denver That the brinks of Ouse between Salters lode and Shiplode be made viij foot broad in the bottom and six at the top and one foot higher than the highest water mark That some provision be made for the straightning of Lynne Haven which being wider than it was wont to be causeth the tide to rise higher by a foot at Salters lode than it was wont to do within these xx years 1 The next year following I find a Certificate and Presentment made the xxxth of Iune by Richard Nicholls Thomas Hewar and others Jurats for this Country of Marshland the tenor whereof is as followeth 1 That all the Lands and Tenements c. within the Hundred of Frebridge on the West side of the great River leading from Salters lode to Lynne and all other Lands c. in the Hundred and half of Clacklosse on the West side of the said great River and on the North side of a certain Bank called the New Pow dich situate in the Hundred and half of Clackclose on the West side of the said great River made and erected in the time of the reign of King Henry the vith are defended and saved from submersion and drowning with fresh water by the said Diche or Bank called the New Pow dich Which Bank hath been kept and defended by the lands in the Hundred of Frebridge by a certain field called Hawsted and by an hundred Acres in Stow-Bardolfe and the Frontier against North delf house on the North side of the said old Powdich only yet thereby are defended all the Lands Tenements and Commons on the South side of the said old Pow dich and Emneth marsh dich and ought to be charged for their portion and profit by the said Bank taking between the Priory of Mullycourt and Salters lode aforesaid as appeareth by certain orders made before the Commissioners of Sewers in the first year of the late King Henry the sixth yet the said Lands Tenements and Commons last abovesaid are not there chardged nor defend any part thereof contrary to equity and Justice 2 And that the Inhabitants of the said Hundred of Frebridge nor any of them nor any other ought to be distrained or troubled by the Lords of the Fee nor their Ministers when they or any of them shall come thither for the making their portions of the said Bank nor for the oversight of the making thereof nor for the depasturing of their Horses there nor for their carriage but that they may return in the meetest and most convenient ways for them and have free ingresse and egresse to the same Dyke or Bank without any amerciament or other punishment Saved to the Lords Wayf Stray punishment for blood draught and for Hue and Cry 3 And that every person is chardgable to keep their portions upon the said Bank from time to time by and after the Custome of Marshland by old Custome used that is to say by Bylawe Byscot Triscot and Wopeny And that every Town of the said Hundred of Frebridge is chardgable to keep and repair their portions upon the said Bank upon pain of xxl. to be paid to the Queens Majesty her heirs and successors Kings and Queens of this Realm 4 And that the menure for the repair of the said Bank ought to be taken on the South side of the same Bank and xij foot from the foot of the said Dike or Bank and not upon the North side but when for the Inundation of the water it cannot be taken on the South side of the said Bank called the New Pow dich 5 Item they say and find that there is a certain Ward dich or Fence Bank called the Old Pow dich which doth begin at a place called the Wech or West head next unto Rightforth lode brinke and extendeth Westwards nine hundred and twenty two Rode unto a certain place called the Thwart lane or the New Pow dich of Marshland which Bank is in good repair from the West end thereof unto a certain place in Walpole charge where against Edmund Beaupre Esquire hath fixed and set certain barrs into a pasture of his there by reason the said Edmund doth keep and maintain a certain Crest or Fen-bank on the North brink of Rightforth lode which defendeth the water on the South side thereof from the Pow diche aforesaid But at a certain Gate upon the said Old Pow diche in Emneth charge in the reach aforesaid is a certain Pipe laid by the said Edmund Beaupre for the drayning of certain Lands on the South side of the said Old Pow dich which is to the surrounding of the Fen and Smethe of Marshland and of right ought not that way to drayn but by Rightforth lode And that the said Pipe ought to be taken up and the said place stopt and made higher that no water drayn that ways 6 And the residue of the said Old Pow dich in the charge of Walpole Terington Clenchwarton and part of Tylney in part is defective for lack of height and bredth and that most chiefly by the ruine and decay of a certain Crest or Fen-bank which ought to be kept on the North side brink of Rightforth lode by Nicholas Hare Esquire and others And that the residue of the said Bank of the Old Pow dich is in good repair even unto Rightforth lode brinke By the ruine and decay of which Bank the grosse Common called the Smethe and the Fen of Marshland and certain Fens and low grounds in UUigenhall and Stow-Bardolf on the North side of the said Pow dich may be surrounded and damnified 7 And that the said Thwart lane or the New Pow dich of Marshland extending from the Old Pow dich aforesaid unto a certain place of Emneth marsh dich called Abbot's hirne as we think in our consciences ought to be kept and maintained by the
and Bond 's dam on the South side of Grenedich so that by the same Sewer the before-specified lands might drayn from time to time whensoever the said Prior and Prioresse William and Margery their heirs and assigns should think fit And that they should have enjoy and maintain the said Sewer so made for ever from a certain place called the Erlesmarsh and so through the midst of Sadilbow pitts to the bredth of eight foot and thence to a certain Gutter called Feresgote With power to make a sufficient Bridge over the same for Carts at the South East Corner of Geffrey Siward and another also for Carts neer the gate of the heirs of Iohn Drew and a third likewise for Carts together with a Clow having two bars with Keys at the West end of Brod will Ea whereof one Key to be kept by the Dyk Reeves for the time being to remain on the said East part of Wigenhale and the other by the said Prior and Prioress and their Successors and the said Will. and Margaret and their heirs and assigns for ever to the intent that if an excess of water should fortune to come on the side of Erlesfeld then the said Dike Reeves might shut the same Clow untill the said Sewer might in reasonable time convey it away so that the Lands in Wigenhale and Sadilbo might not be overflowed therewith And in like manner if such an excess of water should come from Wigenhale and Sadilbo that then the said Prior and Prioress and their successors and the said Will. and Margerie and their heirs and assigns for prevention of the inundation of their Lands might shut the same Clow untill the said water should be carried away And that otherwise than for the evacuation of such excess of water coming from Erlesmarsh or from that part of Wigenhale and Sadilbow neither of the said parties to shut the same Clow. And the said Prior and Prioress for themselves and their successors and the said Will. and Margerie for them and their Heirs did Covenant to keep sufficiently and maintain the said Sewer Bridges and Clow at their own proper costs and chardges And the said Land-holders in Wigenhale and Sadilbow Covenanted likewise to permit them the said Prior and Prioress and their successors and the said Will. and Margerie and their Heirs to have a sufficient Sewer for the draining of their Lands in Erlesmarsh aforesaid In consideration whereof they the said Prior and Prioress for themselves and their successors and the said William and Margery for themselves their Heirs and Assigns did grant to the said Landholders of Wygenhale and Sadilbow an yearly rent of viiis. to be received yearly out of the Lands beforespecified After this about two years scil on Thursday next after the Invention of the Holy Cross there was a Perambulation made on the East part of the River of Wigenhale by xij Jurors who said upon their Oaths and ordained that for safeguard of the said Town the Newland dich ought to be eight foot in bredth at the â—op And that all the Sea-banks opposite to the messuage Walls and elswhere from the said Newland dich to Rouse beche ought to be xij foot broad at the top And that the Rouse beche Briggebeche Yernemouth dole Dukesbeche Gromesdiche and Cannesbeche ought to be xij foot in bredth at the top And they said that all the Sea-banks opposite to the messuage Wall of Sechegole unto Pulbergole ought to be six foot in bredth at the top and within the Wall four foot but elswhere xij foot And that all the said Sea-banks ought to be raised above the highest tides two foot and perfected before the Feast of the Nativity of S. Iohn Baptist upon penalty of the Bylaw viz. for every perch not repaired vid. And that they be well turfed before the Feast of All Saints upon penalty of Biscot and at the utmost that they be sufficiently repaired before the Feast of the Nativity of our Lord upon penalty of Triscot And they likewise ordained for the better safeguard of the said Town that all the said Sea-banks should be strengthned with Stakes and Piles or with Timber viz. of schoring where need required before the Feast of All Saints upon penalty of vis. viiid. for every perch not repaired And that all the Sewers should be clensed and scoured where need was before the Feast of the Nativity of S. Iohn Baptist upon penalty of Bylaw viz. for every perch not repaired ijd. without damage to the Land sowed And that where the Sewers lay upon the sowed Land that they should be clensed before the Feast of S. Michael the Arch Angel upon the like penalty And that all the warp should be thrown into the Common wayes to fill up haggs and lakes where need was upon a great penalty where it should ly neer the Common rode And they furthâ—r ordained that all Dunghills lying in Common to the nusance of any should be amerc'd viz. for each Dunghill iiâ— there was therefore warning given for their removall before the Feast of S. Michael the Arch-angel upon penalty of iiiiâ— for every Dunghill And they said that there was a certain Lake in the Kings High way betwixt the Messuage of Iohn Hastings Chaplain and the Plot lately belonging unto Edm. Blower command was therefore given to fill the said Lake with earth on each side before the Feast of S. Iohn Baptist upon penalty of vis. viiiâ— As also that all Trenches Lakes and Haggs in the faiâ— publick ways within the before-specified limits should be filled up with earth lying neer thereto before the said Feast of the Nativity of S. Iohn Baptist upon penalty of viâ— And they likewise ordained that all those old Cuâ—tomes of Bylaws and othâ—r touching the safeguard of that Town antiently used and approved by the Kings Justices should be firmly kept And to quicken the observance of them that the said By-laws Biscot and Triscoâ— should be levyed according to antient Custome by the oversight and advice of the Jurors of the Purale And that the principal Guardians called Dike-Reeves as often as they should think fit should make inquisition of the trespasses touching the common obstruction in the Sewers and Stows and the like and amerce those whom they find faulty according to the measure of the offence Which Dike Reeves to have the one half and the Commonalty the residue for those common nusances to be imployed in menwarke and grundegole And the persons taking the said distresses to have id. called Wopeny for every one so taken as also twelve pence in every xxs of Tallages and Amerciaments by them Collected And that the chief Guardians of the Town should for the future from year to year upon the Feast of S. Marke the Evangelist give up their accompt at a publick meeting of all Tallages Bylaws Biscot and Triscot in what sort soever levyed and be answerable for the same unto the Commonalty according to antient usage and the same day to deliver up their
the said King the parties before-specified besought him that whereas that obstruction had been made by the appointment of those Justices he would please to supersede the taking thereof untill the complainants could shew forth their right as they ought to do The said King therefore being willing to do right in the premisses required the Treasurer and Chamberlains of his Exchequer that they should under the Exchequer Seal send unto him the Inquisitions so taken before the said Will. Howard and his associates as aforesaid together with the whole process thereupon upon the xvth of the holy Trinity then next ensuing all which were at that time in the Treasury of the said Exchequer under their Custody And commanded the Shireeves of Norfolk Suffolk and Cambridgshire to make Proclamation within their liberties that every person concerned in the premisses should then and there appear to answer what might be proposed to them if they thought fit and to folicite for further Justice therein And lastly forbad the said Geffrey and his fellow Justices to receive the said Inquisition By virtue of which Precept the Jurors for the Counties of Cambridge and Huntendon were respited untill from the xvth of the holy Trinity following because none of them appeared and therefore the Shireeve was to attach them And because the Shireeves of Norfolk and Northampton returned that their Writs came so late unto them that they could do nothing therein and the Shireeve of Lincolnshire made no return at all therefore other Writs were sent unto them requiring each of them to bring xxiiij honest and lawfull men c. at that time prefixed and in the interim the said King dispatcht his Writ of Certiorare to the Treasurer and Chamberlains of his Exchequer commanding them that they should forthwith send unto him under the Exchequer Seal the said Inquisitions so taken before the before-specified Will. Howard and his associats as aforesaid Which Writ of Certiorare beareth date the xviiith day of February in 5 E. 3. But the said Treasurer and Chamberlains of the Exchequer made return that having sought amongst their Rolls they could not find any such Inquisition Ordinance or Decree touching the obstruction of that water Whereupon the King signified as much to the said Geffrey le Scrope and his associats and not long after issued out a writ to the Shireeve of Norfolk whereby having advertised him of all proceedings in that business he commanded him to make publick Proclamation within his Liberties where he should think fit that all such persons who were concern'd therein should attend the said King at a day and place assigned to make their proposals touching that business if they thought iâ— meet as also to solicite for further Justice there And to make return of his doings therein a Month after Easter ensuing Which Writ beareth date upon the 18th of February in the year before-mentioned By virtue whereof the said Shireeve of Norfolk viz. Thomas de Hindringham thus answered that he made return of the same Writ to Iohn Bosse of Kenynghale Bayliff of the Bishop of Elye's liberty who said that he did make Proclamation accordingly and found no man gain-saying ot finding fault with that Dam but that the said passage was as commodious as it had wont to be And that he did give notice to all the Noble-men of those parts that they should appear at the same day specified in the writ before the said King to render their reasons if they thought good And the said Shireeve did also give advertisement thereof to Will. de Whetacre Steward of the Liberties for the Town of Lenne who had return and Execution of writs Which William answered that he did cause Proclamation to be made thereof in the full Market of that Town upon Tuesday in Easter week in the same year with advertisement that all those whom the said obstruction might concern should attend the said King likewise at the time before expressed to manifest their reasons in that business The like Writs did the said King send to the Shireeves of Suffolk and Cambridgshire Which Shireeve of Cambridgshire scil Will. le Moigne made return that he did cause the like Proclamation to be made as abovesaid viz. that all those whom the said obstruction did concern should attend the said King upon the xvth of the holy Trinity to set forth their right c. And because that the King received information before the said xvth of the holy Trinity that the before-specified Edmund Peverell dyed and that Elizabeth his Wife did jointly hold the said Mannour with him the said Edmund he issued out another Writ to the said Shireeve of Cambridgshire whereby after recitall of the whole business he required him to summon the said Elizabeth to appear upon the said xvth of the holy Trinity when Inquisition was to be taken thereof to propose what she could touching her right then in question Which Writ beareth date the xijth of May in the year abovesaid And upon the same xv of the holy Trinity the said Shireeve making return of his Writ there came Adam de Fincham the King's Attorney and likewise the Jurors for the said Counties of Norfolk Cambridge Huntendon Lincoln and Northampton But neither did the said Elizabeth nor any of the Marshland Land men nor of the Counties of Norfolk Suffolk and Cambridge having Lands thereabouts make any appearance at all Whereupon the said King sent another Writ to the before specified Geffrey le Scrope his associats requiring them without farther delay to proceed to the taking of the said Inquisition upon the same xv of the holy Trinity Which VVrit bears date the xii of May in the year abovesaid At which time the Jurors for the County of Norfolke impanelled and sworn did say upon their Oaths that Walter de Langton â— sometime Bishop of Coventre and Lichfield did for the Drayning of his Mannour of Coldham about one and thirty years then past cause a stop to be made at Outwell of the before-mentioned water by reason whereof those men who had occasion to go with Ships and other Vessels laden with Goods and Merchandize from Holme Yaxley and other parts thereabouts unto the Port of Bishops Lenne in Norfolk as also such as had a mind to return directly from thence to Peterborough and the parts aforesaid could not passe with their Ships and Vessels as antiently before that stop was so made they had used to do but were forced to go a long way about viz. by Old Wellen hee and Lyttle port which in going to and fro is fifty miles and more whereby Corn Timber Wool Reed Turf Stone and other Commodities were the dearer and so likewise were Fish Herings and other Victuals by reason of that circuit to the damage of the Inhabitants of Norfolke CCl. every year And being asked in whose soyl the said stop was so made at first they answered in the Kings soyl and said that the Common Road passage for ships and Boats had wont to
they also said that by reason thereof the Marshes of Burgh fen North fen Talnholt fen as also the Lands Meadows and Pastures adjacent to those Fens were overflowed and drowned when any floud of waters hapned in regard that the said waters could not pass as they formerly had done so that the Lords of those Fens with their Tenants as also the Commoners in them did lose the profit unto them belonging to the damage of the said King and the Inhabitants of those parts fifty Marks per annum Upon all which Verdicts the said Adam de Fincham then the King's Attorney was appointed to wait for judgment therein And on the morrow after the Feast of S. Iohn Bapt. next after the said xv of the holy Trinity the King sent his special Precept to the said Geffrey and his fellow Justices whereby reciting what had passed he commanded them to proceed to judgment therein according to the Verdicts aforesaid which Precept beareth date the third day of Iuly in the year above-mentioned Whereupon they gave this following Sentence viz. that whereas by the Jurors for the County of Norfolk it was found that the before-specified Dam was made at Outwell by the sad Walter de Langeton and that Robert Peverell his Brother and Heir as also Edmund Son and Heir to the said Robert did at some times repair the same and that this obstruction was to the damage of the King and the said Inhabitants of Norfolk CCl. per annum And whereas it was likewise found by the Jurors for the Counties of Cambridge Huntendon Lincolne and Northampton that the lands of Thorney fen Ramsey fen and other were so drowned aforesaid they decreed that the said Dam so raised to the hurt of the said King and nusance of all the persons before-mentionedâ— and whatsoever else was of nusance in this behalf should be taken away Whereupon the Shireeve of Norfolk had command to pull it down And in like sort the Shireeves for the Counties of Cambridge Huntendon Lincolne and Northampton were required to make the like Proclamation within their respective Liberties viz. that all persons concerned therein should be at Outwell aforesaid to aid the said Shirâ—eve of Norfolk in pulling down of the said Dam. After this about five years scil in 10 E. 3. Iohn de Shardlowe Simon de Drayton Iohn de Colvill and Iohn Claver were appointed to enquire touching the decay in the Sea-banks and Sewers in these parts about Wisebeche Tyd S. Giles Elme Leveryngton and Neuton with the parts adjacent and to take speedy order for their repair And in 12 E. 3. the King being informed that the Banks Ditches and Sewers about Wysebeche Elme and Welle were broken and out of repair issued a Commission unto Mr. Iohn de Hildesley Chancellour of his Exchequerâ— Richard de Bayeux Iohn de Wilton Iohn de Stoken and Will. Neuport to enquire thereof and through whose default they became so ruinous and who were Land-holders thereabouts or had safeguard by the said Banks and to distrain them for their repair according to the proportion of their Lands By virtue of which Commission the persons above-mentioned did intend to stop the River of Nene running to a certain Fishing called Livermere lying in the Town of Welle and belonging to the Abbot of S. Edmundsbury but were hindred from so doing After this the next year following the said King receiving advertisement from the Inhabitants of the before-specified Towns of Elme Welle and Wisebeche on the South side of Wisebeche that though it had been found by an Inquisition taken before the above mentioned Commissioners that the ordinary and chief safeguard for the said Towns of Elme Welle and Wisebeche on the South part of the River of Wisebeche would be by a Causey to be made at Gongested lake unto the Crike and thence unto Marche dyke and that the Crike should be wholly stopt up and that the said Towns could not be preserved unlesse that were done and moreover that though the said Inhabitants had often requested those Commissioners that forasmuch as the said Causey and stop being made would much redound to the common benefit of the same Towns they would cause them to be done and that at that time nothing was neverthelesse performed therein he required them that in case it were so they would forthwith call such persons before them as they should think fit to make use of therein and to proceed in effecting the same according to the tenor of his Commission Whereupon a Jury being summoned to attend them upon the Saturday next after Mochaelmass day and there sworn did say upon their Oaths that the common and principal safeguard for the whole Town of Elme Welle and Wisebeche on the South side of Wisebeche would be by making of a Causey from Gongested lake to the Crike and from the Crike to Marche diche and that the said Crike should be utterly stopt up as also that the saidâ— Causey ought to be xvi foot in bredth and four foot in height and all these things to be done at the charge of the Land-holders of Elme Welle and Wisebeche on the South side as aforesaid from Mermaunde unto the house of Iohn de Vernon and they ordained that for the performance thereof every acre of Land in Elme Welle and Wisebeche within the Precincts before-specified should be agisted at iid. and more if need required But afterwards at a Session of Sewers held at Wisebeche by the same Justices came the free-holders of Tyd Neuton Leverington and Wisebeche on the North part of the River of Wise and alleged that the obstruction of that Crike ought not to be permitted because if it should be made the water running through that Chanel called the Crike would so rise increase and stand upon the Fen-bank of Wisebeche and Leverington as that the Tenants of those Towns viz. Wisebeche and Leverington could not be able to maintain them but their said Banks would be broken and their Lands totally drowned and lost whereby more damage by half would happen to those Towns than benefit to the Towns of Elme Welle and Wisebeche on the South side VVhereunto the said Tenants of Elme and Welle answered that the water of Crike had then so swift a course by Welle unto the River of Wigenhale that though the said Crike were stop't as was contained in the before-specified Ordinance the water running by the same Crike would never turn towards Wisebeche nor do any hurt And they farther said that the Crike where the water then ran was the proper and several soil of the Bishop of Ely which Bishop might lawfully at his pleasure stop the same Whereupon came the Abbot of S. Edmundsberry by his Attorney and claimed a certain fishing in the said water of Crike of the gift of Canutus sometime King of England and brought a Precept from the King directed to the said Commissioners reciting a confirmation made to the said Abby by the before-specified King Canutus and other
his Progenitors inter alia of certain Lands and fishing which Ulfkytell had in Welle And that though the said fishing was then viz. when this Inquis was taken called Livermere and in the Town of Welle which was before called Wylla and in the County of Cambridge and that a certain water called Nene had time out of mind ran to the said Lake and did then so do and that the said Abbot and his Predecessors had ever had the said Lake or fishing with the course of that River of Nene running thereinto and peaceably enjoyed the same the said Commissioners by Virtue of the King's Letters Parents for the view and repair of the Banks Ditches and Sewers in that County and by colour of an Inquisition taken before them without any notice given to the before-specified Abbot intended the obstruction of the said water-course wherein in case they should proceed the said Abbot would totally lose the benefit of his said fishing to the damage of the King himself because that the profit thereof with the benefit of the other Lands belonging to that Abby being of the said Kings Patronage ought to belong unto the Crown in the time of every Vacancy he therefore required them that they should not make any attempt therein to his prejudice without consulting with him Whereupon the Wednesday next before the Feast of the blessed Virgin being assigned the said Commissioners sate again at which time the said Inhabitants of Elme Welle and Wisebeche brought the Kings Writ by virtue whereof the Bayliffs of Tyd Neuton Leverington Wisebeche Elme and Welle were required to summon xij of the most substantial men in every of the said Towns to appear at the Castle of Wisebeche before the said Justices upon Wednesday next after the Feast of S. Luke the Evangelist there to perform what should be enjoined them on the said King's behalf touching the obstruction of that Crike And the said King did likewise issue out another Precept unto the before-specified Justices that after their said Session they should upon the Octaves of S. Hillary under their Seals transmit the Record of their proceeding therein unto him to the end that upon perusal thereof he might consider what farther to do therein according to the Law and Custome of this Realm The next ensuing year sc. 14 E. 3. Iohn de Hedersete Iohn de la Rokele and Hugh de Walton were assigned to view the Banks and Sewers on both sides the water of Well Ee within the Town of Waterwell on the borders of Norfolk and Cambridgshire and to take order for their repair And the same year at a Session of Sewers held at Wisebeche upon Monday next after the Feast of S. Iohn Baptist for safeguard of the Towns of Elme and Welle it was ordained that there was a necessity of mending and raising the Bank called the New diche lying betwixt the Rivers of Elme and Welle full two foot more than it was at that time in the highest place and so beginning by the Level of Fryday brigge to Charite Crouch thence to Gongsted lake according to the same Level height and thickness thence to the Cowestowe thence to the Garden of the Prior of Meremaund and thence to Lakebrigge every man to make his frontier of the same height thickness and Level And they also decreed that from Gonsted lake unto Charite Crouch no man should come neer the said Bank called the New diche for to mow or dig for the bredth of ten perches towards Coremere and Hendmere except for the mending of the said Bank and that to be done by common assent And they likewise ordained that a Clow of five foot in bredth and in depth two foot should be made at the Lakebrigge to carry away the waters betwixt the Newdiche and Bishops diche at the charges of those who had Lands and Commons within those places And that one Clow should also be made at Frydaybridge and another at the Stone-Crosse in Outwell for avoiding the waters of Needham each of them of the same bredth and depth as abovesaid and to be done at the costs of all those who had lands within the Bishopsdiche and Needham diche and within the River of Elme and the Greendiche and Thorndiche And they moreover ordained that the old Sewer of Deleford unto the Stone-Crosse should be clensed and digged as it ought to be at the charges of Needham and that every Ditch drawing water to the said Sewer should be opened at all times of the year wherein water could run And that Piisdrove should be raised in each low place and that from the same little Drove one Crest should be made into the large Drove unto the Grenediche having a Causey for Common Drift of Cattel at all times of the year and this to be done at the charge of Upwell and Outwell and that all Slades and low places in the same Drove and ways be amended at the charge of the Towns each for themselves And they likewise ordained for Drayning of the Lands at Bodebeche that there should be three Pipes placed the first of one foot square every way and this to be fixed in the Bank sometime belonging to Gilbert atte Delf neer the Milne hill the second in the Bank of Christian de Beaupre opposite to the School being two foot in bredth and one foot in depth and the third in the antient Sewer to be a foot square on every side All which Pipes to be made at the charge of the Landholders in Bodebeche And they also ordained that the frontier of the Abbot of Dereham in Bodebeche should be stopt and that for the future no mau should dig Turfs nor Slakkes in the common Droves of Elme and Welle for dieving of flax or hemp in the common Ditch and Sewer to the nusance of the Commonalty except by the oversight and appointment of the Guardians which were to be deputed for the present And that the Bank called the New diche extending from Charite Crouch to the Prior of Meremound's Garden should be anew repaired equally and afterwards agisted And also that the breaches in Bishopesdiche and Needham diche should be repaired and moreover that all the Frontiers of the Uausedrove unto Frydaybrigge and thence to Eustace le Vernoun's Drove should be stopped up And they also ordained that one stop should be made in Oldfield neer to the Se diche in the Ditch of Raphe atte Field and to be in thicknesse eight foot at the charges of the said Raphe And that the Floud-gates of Elme as also the old Bridge together with the great Bridge neer to the Church of Elme should be newly repaired and amended at the charges of the whole Town And that for the repair of the said New diche every Acre of land from thence to Needham diche should pay a penny and every Acre from Needhamdiche unto ....... and Uernons field and the Infield and Brodbechefield an half peny and either more or lesse as need should be About
thence to Mareysdam thence to Charite Crosse and thence to Vernouns Corner and as to the making of the new Dich there from that place all along to the Bank of Welle and so to the River of Welle and likewise as to the eight barrs upon the same Bank they did assent to them all And as to Drayndike and Blakedike Floudgates and Crests within the same precinct they did also concur And as to the Agistment to be new made according to the proportion that every one held and the performance of all other things they could neither for themselves nor the Towns aforesaid gainsay them And therefore they did well agree and desire that all the same Ordinances so established as aforesaid should for the future be performed in every Article to the full according to the force and effect of them and for the accomplishment thereof they did severally oblige themselves without any contradiction And Iohn Payne who then prosecuted for the King required that Iohn Simmeson with the rest before-named should be compelled on the said Kings behalf for the performance of all the said Ordinances And because the Court was not then determined to give judgment therein it was adjourned until the Wednesday in Easter week Upon which day the said Iohn with all the rest came but then there was another adjournment viz. unto the Saturday next after the Exaltation of the Holy Crosse in the xlixth year of the said Kings reign At which time the parties above specified came again but then it was also adjourned untill the Wednesday in Easter week in the 50 year of the said Kings reign And at that time they put it off till the Monday after the Feast of S. Michael then next following Upon which day all the parties before-specified appearing and in regard that the said Iohn Simmeson and the rest could not say but that the Ordinances before-specified were necessary and good they obliged themselves to the future performance of them It was therefore decreed and ordained that the same should for the time to come be put in execution and accordingly there was a Precept issued out to the before-mentioned Stewart to distrain the said Iohn Simmeson for the new-making of the said Agistment according to the form of the before-specified Presentment and to bring the same so mâ—â—e under the Seals of the framers thereof before the said Justices at Ely upon VVednesday next before the Feast of S. Nicholas the Bishop then next ensuing at which time all the persons before-mentioned had warning to be there Who appearing accordingly the before-specified Steward required of the said Justices that the said Ordinances and Agistment might be ratified and confirmed Whereupon they ordained and decreed for the better safeguard of the said Towns and place that the Inbabitants of Wisebeche should be agisted upon that Bank and begin to make the same from the division betwixt Elme and Wisebeche viz. from the Stone Crosse neer the House of Lepers unto the Town of Wisebeche and thence to the River of Wisebeche directly to Griggeshâ—rne and to maintain and repair the same for the future as often as need should require aswell in thicknesse as in height according to the above specified Ordinance at their own costs and charges And that the Bishop of Ely for his Mannour of Walterse and for all his Lands in Wisebeche and Elme with in the said precinct excepting xxxv Acres of his land lying at the Cylere in Wisebeche and all others who had Lands Tenements Common of Pasture or Fishing in the said Town of Elme within that Precinct to be agisted for the making of the same Bank from Griggeshirne aforesaid unto Banstedhirne thence to Tilney hirne thence to Coldham hithe thence to Mareys dam thence to Charite Crosse thence to Vernoun's Corner and so upon the Bank to be new made there untill over against Welhirne drove where the Bank of Elme is divided from the Bank of Welle And that all the Inhabitants of Welle who had lands within the said precinct should be agisted for the making of the said Bank from that place opposite to Welhirne-drove unto Welleclote thence to Lakebrigg thence to the River at Upwell bridg and thence to Outwell bridge and thence returning back to Loundesgote at Elme And that the men of Elme who had Lands within the before-specified precinct should be agisted to make the Sea-bank from the said place called Loundesgote unto the Floudgates of Elme and thence to the Stone Crosse neer the house of Lepers which is the division betwixt Elme and Wisebeche All which Ordinances Decrees and Agistments aswel the parties above-specified as the Towns before-mentioned did consent and agree to hold firm and stedfast for ever In 48 E. 3. Sir Roger de Kirketon Sir Raphe Rocheford Sir Iohn Colvile Kts and others were assigned to view the Sea Banks and Sewers in the Towns of Leverington and Neuton and to take order for their repair After this viz. in 1 R. 2. there were certain Presentments made at Ely in a Session of Sewers held there on Wednesday next after the Feast of S. Nicholas concerning the Banks Ditches Sewers in Ely Dounham Littleport Hadenham Sutton Chateriz Dudington March Marchford Wittlesey Elme Welle Wisebeche Leverington Neuton and Tyd S. Giles and elswhere within the Isle of Ely the tenor whereof are as followeth viz. that for the better preservation and safeguard of the three hundred acres of land in the Town of Elme on the North side thereof lying in the fields called Townfield Halpenifield and Inhamfield there should be made one Bank upon the soyl of the said Town of Elme in the Parish of Elme for stopping of the salt water and the same to be done at the charges of all the Landholders in those fields Which Bank so to be made to begin at the Sea-bank at the Stone-Crosse being the division betwixt the Lands of Elme and Wisebeche and so to go Westwards directly to Cromediche upoâ— the land of Iohn Ristoft and thence directly to Illerisdiche in Hanc drove upon the land of Reginald Toftie and thence by a straight line unto Illiresdiche upon the land of Iohn de Waltersey thence to the Bank of Bekedale and there to be joyned with that Bank which Bank to be xxiiii foot in bredth at the bottom and in height four foot from the Level ground And that there should be three Sluses or more if need were in the Sewers of Elme under the said Bank for the letting out of the fresh water and likewise sufficient barrs to hinder the driving of Cattel to and fro upon the said Bank And they likewise said that there would need an acre of Iohn Ristoft's land valued at Lvis. viiid. and of Reginald Tofties an acre valued at xlvis. viiid. and of Iohn Walterse's one acre valued at xxs. and no more because it was low ground but if there were need of more then more to be taken when and where need required making allowance for
And in 18 E. 2. to William la Zouche Iohn de Cantebrig Simon de Brim and Iohn de Hinton for those in this County alone Upon a Pleading in 40 E. 3. it was found by the Jurors that the Prior of Ely did obstruct the course of the water at Wilburgham magna in a certain place called Watholm dam so that it could not have it's current as it usually had insomuch as the Commons belonging to the Town of Fulbourne were overflowed to the damage of the whole Country And in 12 H. 4. the Town of Harlton being questioned for diverting the current of the water betwixt Harlton and Haselingfeld to the damage of the whole Country could not deny the charge and therefore was amerc'd Raphe Bateman being then Lord of that Mannour In 14 H. 6. William Godrede Thomas Fulthorpe Sir Iohn Colvyle Sir Henry Rocheforth and Sir Robert Hakebeche Kts William Yelverton Thomas Dereham Iohn Iakys Thomas Reynold and Iohn Tylney were constituted Commissioners for the view and repair of the Banks Sewers and Ditches throughout this whole County only and to make Statutes and Ordinances for the same according to the Laws and Customes of Runmey marsh On the West side of this County and at the outmost skirt thereof lyeth Wittlesey mere the greatest Lake in all these parts and consequently the more worthy of note I shall therefore cloze up what I have farther to say of this Shire with that particular description of it which I find in the Register of Peterborough In Septentrionali parte stagni c. On the North side of this Lake there is a water called Merelade issuing out of the River of Neene where the Northern bounds thereof are This with the Fens thereto belonging hath at the end thereof a certain Fishing called Eddâ—rmuthe Upon the East part thereof are two other Meres called Wellepole and Trendelmere betwixt which is a narrow stream containing two furlongs in length called Trendelmere beche having in it two Fishings And there is likewise another narrow water there of one mile long which is called Falet having in it one Fishing In that part thereof betwixt Wytlesmere and Kynkesdelf where the Eastern boundary thereof is the bredth of the Meer containeth three miles having in it a narrow stream called Derescuf and a Wood named Rageholt On the South part thereof also there is another slender stream of three furlongs in length called Selfremerebeche having in it two Fishings at the end whereof is a Lake named Selfremere having on the South side thereof a narrow water of half a mile long called Ubbemere lade at the head whereof is likewise another Fishing And about the middle thereof there is a place in the Fen called Alwynesbarwe and there is the Southern boundary thereof Moreover on the West side of this Lake there is also a narrow stream containing two furlongs in length named Trendemere beche which hath one Fishing in it at the end whereof is the Meer called West Trendemere On that side there are also these waters viz. Drelgmere Wellepole Withibuscemere Langemere Kinninges and Musklemere There is likewise on that side another narrow water of one mile in length extending to Oppebeche and hath in it one Fishing at the end of which water is the Western limits of the Fens and all the waters pertaining to Witlesmere About two miles distant from the North East side of the before-specified Meer there is a memorable Chanel cut through the body of the Fen extending it self from neer Ramsey to Peterborough and is called King's delph The common tradition is that King Canutus or his Queen being in some perill in their passage from Ramsey to Peterborough by reason of the boysterousnesse of the Waves upon Witlesey mere caused this Ditch to be first made and therewith do some of our Historians agree who say thus Anno Domini Mxxxiiii Cnuto Rex potentissimus viam in marisco inter Ramsey Burgum quod King's delph dicitur ut periculum magnorum stagnorum vitaretur eruderavit But how to reconcile this testimony to what I meet with above threescore years before I well know not which is that King Edgar confirming to the Monks of Peterborough before-mentioned the fourth part of UUitlesmere with all the waters Fishings and Fens thereto belonging bounds it to these limits viz. quorum Septentrionalis est ubi primùm intrat Mere lode de ampne Nen orientaliter ad King's delph Australiter ad Adewinesbarue c id est whereof the North side is where Mere lode first enters thereinto from the River Nen Eastward to King's delph and Southward to Aldewynesbarue c. But the largest and most notable is that fair Chanel made from Stanground steafe below Peterborough to Guyhirne neer UUisebeche of xl foot in bredth by Iohn Moreton Bishop of Ely in King Henry the seventh's days and still called Moreton's Leame or the New Leame a work certainly of singular consequence not only for the quicker evacuation of the overflowings of Nene but for conveniency of Carriage from Peterborough to UUisebeche which will remain a lasting memorial to that worthy Bishop CHAP. LI. SOuth-west from Cambridgshire lieth the County of Huntendon into which a skirt likewise of this great Level extendeth at the entrance whereof I meet first with Ramsey compassed with Fens on all parts excepting towards the South-west and containing about ...... Acres wherein for the like respect as in Ely Crouland and Thorney by others Ailwin a neer Kinsman to King Edgar and who is stiled by our Historians totius Angliae Aldermannus id est Chief Iustice of England did found an eminent Monastery for Monkes of S. Benedict's Rule almost an hundred years before the Norman Conquest Touching the situation of this Isle for so it was antiently called let us hear what the Register of that Abby saith Quum igitur in orientali angulo territorii Huntedonensis c. Forasmuch therefore as this place situate in the Eastern corner of Huntendoushire where the Chanel of the River Ouse restraineth the bounds of the Fens is for its bigness the fairest of the fenny Islands and which many have endeavoured to extoll so that it needeth not our commendation nevertheless we will not wholy leave it untoucht On the West side for on all other there is no access to it by reason of the Fens it is severed from the firm land with certain deep and boggy Quagmires in bredth about two Bow shot insomuch as in times past the access unto it was by navigable Vessells brought thither through a slow stream with gentle windes but now by much labour and no small cost there is with Wood Stones and Gravel a firm Causey made so that people may come to it on foot In length this Island doth extend almost unto two miles but in bredth not so much being environed with Alders Reedes green Canes and Bulrushes which do beautify it exceedingly and before it became inhabited was full
and yet is the Inheritance of Sir Edward Rosseter of Summerbie in the said County of Lincolne Knight and heretofore dreyned by Sir John Monson Knight of the Bath and now Baronet undertaker for the dreining of that Level his Participants or some of them And be it further Enacted That the said one hundred Acres of Land be settled and vested and the said one hundred Acres are hereby settled and vested in the said Sir Edward Rosseter his Heirs and Assigns for ever but with this expresse limitation that for the future the said one hundred Acres of Land shall be liable to their respective proportions and rates hereafter to be set upon them in the payment of all Taxes and other duties necessary for the perfecting and maintaining of the said work for ever in such way method and manner and according to such Acts Orders and decrees of Sewers as shall be lawfully made to that purpose the said Sir Edward Rosseter and his Heirs also performing such other Covenants and agreements which are already mutually agreed on the said Sir Edward Rosseter also paying in consideration of the charges already expended to such participant under whose allotment the said one hundred Acres may fall such summ and summs of mony as shall be expresly set down in writing as equal under the hand and Seal of Sir Matthew Appleyard Knight and Charles Hall Esquire before the first day of August which shall be in the year of our Lord God one thousand six hundred sixty and two And in case the said Sir Matthew Appleyard and Charles Hall shall not agree as aforesaid that then Sir Robert Bolles of Scampton in the County in Lincolne Baronet shall have and hereby hath power fully to determine the whole before the first day of October one thousand six hundred sixty and two Provided that whereas there is a controversie arisen between the Lord Bishop of Ely and Sir John Monson and his Participants concerning some Lands lying in the Mannor called the Mannor of Thornton in the moor in the County of Lincolne in the parts of Lindsey being part of the possessions of the Bishoprick of Ely It be referred to Sir Edward Turner Knight Speaker of the house of Commons in this present Parliament to examine award adjudge and finally determine accorâ—â—â—g to equity what portion or parts within the said Mannor or Land within the said Mannor shall be allotted to the said Sir John Monson and his Participants in recompence of his or their dreyning and melioration thereof And that if such award and adjudication shall not be made before the first of May one thousand six hundred sixty and three That then the said Lord Bishop of Ely or his Assigns shall have and enjoy the full and quiet possession of the said Mannor and every part thereof untill such award and adjudication shall be made any thing in this Act to the contrary conteined notwithstanding And in case the said Sir Edward Turner shall happen to die before the said first day of May one thousand six hundred sixty and three or shall decline the said reference That then and from thenceforth all the matters and things conteined in this proviso shall be referred to the Lord Chief Iustice of the Common Pleas for the time being to hear and determine the same as aforesaid Provided alwayes and be it Enacted by the Authority aforesaid That neither the Lord Bishop of Lincolne nor the Dean and Chapter of the Cathedral Church of Lincolne aforesaid their or any of their Successors receive any prejudice or damage by this present Act but that their Lands and possessions be preserved and kept indempnified any thing herein conteined to the Contrary in any wise notwithstanding Provided also and be it Enacted That it shall not be lawfull to or for any person or persons concerned in any Covenants or agreements touching the said undertaking to bring or prosecute any Action or Actions or Sutes at Law or equity for recovery of damages or satisfaction for or by reason of any breach of any of the said Covenants by any waies or means hitherto had made or done but that all persons concerned in any of the said Covenants as to any breach of Covenant heretofore made â—e for ever discharged And be it further Enacted and ordained by the authority aforesaid That a Commission of Sewers under the great seal of England before the first day of May which shall be in the year of our Lord one thousand six hundred sixty and two shall be issued out to twelve persons whereof six to be nominated by the said Sir John Monson and his Heirs and other six to be nominated by the Inhabitants and Owners of the Lands upon the Level of Ancholme lying in Winterton and Bishop-Norton aforesaid or by the Knights that serve for the said County of Lincolne which said Commissioners or any four or more of them shall have full power and authority to inquire as well by their own view as upon the Oathes of Witnesses which they are hereby impowered to Administer and to send summons for and by all other legal wayes whether the Owners of the Lands upon the Level of Ancholme lying in the said Townes of Winterton and Bishop-Norton or either of them or within the precincts of them or either of them have or may receive and sustain any prejudice by Sir John Monsons undertaking for which they ought to have reparation and thereupon to make such satisfaction to the said Owners as shall be most agreeable to Iustice or Equity by restoring to the said Owners and persons damnified by the said undertaking their Heirs Executors and Administrators respectively all or any part of the Lands lying in Winterton and Bishop-Norton by this Act settled unto and upon the said Sir John Monson his Participants and Adventurers and his and their Heirs And be it further Enacted and ordained That the said Commissioners do make to Sir John Monson and his Heirs recompence at the same time out of the residue of the five thousand eight hundred twenty and seven Acres settled by this Act on the said Sir John Monson his Participants and Adventurers or any owners of any part of the said five thousand eight hundred twenty and seven Acres according to their several proportions having respect to the Quantities and Qualities of the Lands that shall or may be taken from the said Sir John Monson and his Heirs out of Winterton and Bishop-Norton aforesaid as in their Iudgments shall be most agreeable to justice and equity which judgment and orders of them or any of them so as there be four or more of them shall be made and published in writing under the hands and Seals of the saiâ— Commissioners or any four or more of them before the five and twentieth day of March in the said year one thousand six hundred sixty and three and that untill the said five and twentieth day of March one thousand six hundred sixty and three the Lords freeholders Owners and
Lordships which being accepted of by the King there were Allotments then made according to the proportion of each Mannour Neverthelesse after this fair entrance to so good and beneficial a work nothing was done therein To give some encouragement therfore to posterity in case this present age shall still decline it I have here exhibited a perfect Map thereof with the particular Allotments assigned to each of those bordering Lordships The Division and Allotment of King's Sedgmore to the several Mannours and Freeholders thereunto adjoyning according to the Survey thereof taken   Quantity of the Mannors Allotment of Acres in the Moor. Names of the Mannors  Acres Acres Dunwere Bower To the heirs of Sir Robert Chichester 600 171 To William Hinkmore Esquire 350 100 To Brent's Lands there 260 75 Stawell To Sir Iohn Stawell Knight of the Bathe 960 274 Sutton Mallet To Iohn Mallet Esquire 820 234 Bawdrippe To Walter Longe Esquire 765 218 Brodney To Thomas Muttlebury Esquire 246 70 Middle Zoy. To Richard Warr Esquire 1714 488 To Sir â—ichard Strode 194 56 To the Freeholders there 80 23 Mourlinch To the heirs of Mr. Floyer 1240 354 Higham To Henry Lord Gray 2485 708 Netherham To the heirs of Sir Edward Hext 928 264 Aller To Sir Iohn Stawell   Berre To Sir William Courtney 400 114 To Iames Northover Gentleman his Farm there 300 86 To the Parsonage and other Freeholders there 100 29 â—ishcot To Sir Thomas Cheeke 1846 526 Horsey To Sir George Horsey 1293 370 Ched Zoy. To William Earl of Pembroke 1440 411 Wesâ—on To Sir Peter Van Lore 2038 582 To the Parson and Vicar Iohn Brag and Nicholas Watts   Othery To Edward Trint Esquire 1378 393 To Mr. Balle Mr. Harris and Mr. Sanders their Freeholds 121 35 Somerton To Thomas Hill Esquire 1430 408 To Iames Rese Esquire 464 132 To the heirs of Sir Edward Hext 3159 901 To the Parsonage there 171 49 To the Church-Burgages 52 15 Graynton To the heirs of Mr. Watts 1019 291 Pitteney To William Earl of Northampton 1114 318 To the heirs of Sir Iohn Hanham 882 251 Cumpton Dondon To Sir Iohn Strangways Knight 1921 548 To Baronet Portman his Freehold there   Walton To Sir Thomas Thinne 1893 540 Streete To Andrew Whittington 1711 488 To Mr. Alexander Deyer   To Freeholders omitted    Memorandum that these Allotments were rated proportionably after the rate of xxviij Acres and a half of the Moor by the perch of xv foot to every hundred Acres of the severals The total 32374 Acres The total 9522 Acres besides 4000 Acres intended for the King CAP. XXIâ— TOuching the Marshes in this County the first Commission that I have found was in 5 E. 2. and directed to Iohn de Wyllington Robert de Clyderhom and Stephan de Salt-marsh for the view and repair of the Banks c. in the parts of Hambury in Saltmersh The like about two years after was directed to Nich. de Kyngeston Richard de Rodeneye and Iohn de Dunstaple In 33 E. 3. Thomas de Berkelee of Coberlee Simon Basset William de Chiltenham Iohn de Yate and Iohn de Clifford were assigned to view and take order for the repair of all those which were bordering upon Severne betwixt Bristoll and Gloucester So also in 36 E. 3. were Thomas Moygne Iohn Tracy Iohn Clifford and Iohn Sloghtre And in 38 E. 3. the said Iohn Tracy Iohn Clifford and Iohn Sloghtre Who accordingly sate at Thornbury upon Monday next after the Feast of S. Peter ad Vincula where the Juroâ—s presented unto them upon Oath that Iohn Fitz Nicholl Lord of Hull was bound to receive the watercourse of the Rendyche lying betwixt the Lordships of Roehampton and Hull and to lead the same upon his own land unto the Severne which he had not done and that the Country was dampnified by such his neglect And the same Iohn being thereupon distrained to come before the said Justices at Sobbury on Wednesday next after the Feast of Peter Paul in the 39th year of the said K. E. 3. to answer thereunto came and said that he ought not nor ever did receive and lead the said Watercourse upon his own proper soil unto Severne as it was alleged and therefore did put himself upon the Countrey And accordingly was dischadrged therof by the Jurors In 44 E. 3. Iohn Moubray Will. Wakebrigg Iohn Sarjaunt Robert Palet and William Church hill were appointed to view and repair the Banks c. in Saltmersh neer Bristoll In 2 R. 2. it was certified that there was and antiently had been a certain standing water occasioned by rain in the Meadows and Fields of the Towns of Aylbrighton Olveston Auste neer Cotes and Littelton in the Winter season every year for the drayning whereof there likewise was and antiently had been a certain Trench wholly out of the land the Abbot of Malmesbury extending from the waters of the said Towns to a certain place called Holpole and from thence to another place called Holpole and thence to a place called Pynkenhampspull and thence to another place called Cakepull and thence to Severne which is an arm of the Sea Which trench the said towns of Aylbrighton Olveston Auste neer Cotes were obliged to scour And they said that neither the waters of Aylbrighton Olveston Auste neer Cotes and Littelton nor any other waters coming upon or overflowing the Lands and Meadows of those Towns by rain or any other means before the twentieth year of the reign of King Edward the first did use to run to Boyston nor from thence to Severne noâ— Littelton's pull nor to the trench which the said Abbot claimed only for the drayning of the waters overflowing his Lands unto Severne as by the allegation of Thomas Shardelowe then the said King's Attorney was supposed Several other Commissions there were in this King's time for the repair of the Banks Ditches and Sewers in this Shire viz. in 4 R. 2. to Sir Thomas de Berkele and Sir Iohn Thorpe Knights Raphe Waleys and Iohn Stanshawe for those in the Towns of Albrighton Olveston Luttleton and Aust neer Cotes In 6 R. 2. to Sir Iohn Beauchamp of Powyk and Sir Will. Castelacre Knights Iohn Cherleton and William Heyberer for all in general throughout this County In 8 R. 2. to Sir Thomas Berkele Sir Iohn Berkele and Sir Edward de Bradeston Knights Robert de Cherletone Iohn Sergeant Raphe Weleys and Iohn Stanshawe for those on the coast of Severne in the Hundred of Berkele Grumbaldesash Thornebury and Hembury In 9 R. 2. to Thomas Berkley of Bâ—rkley Robert Bealknap Iohn Berkley Iohn Tracy Iohn Sergeant and Iohn Lucy for those on the coast of Severne and parts adjoyning So likewise in 13 R. 2. to Sir Iohn Berkele Knight Iohn Cassey Raphe Waleys and others In 16 R. 2. the King directing his Precept to
the Shireevâ— of this County wherein he reciteth that whereas Sir Robert Bealknap Knight and Iohn Lucy lately constituted his Justices of Sewers for the Banks c. on the coast of Severne and the parts adjoyning did ordain and appoint that the breach made by the men of Aylberton in a certain Causey dividing the Fields of Luttelton and Aylberton should be repaired and made good in as perfect a manner as it was before And that for the drayning of the waters out of the Towns and Fields aforesaid a certain Ditch which extended it self from the South side of the said Causey from the town of Aylberton unto Severne should be competently amended in such places where need required at the chardge of those who had estates in the Lands and Tenements adjoyning that is to say of those who had used to make and repair them and that this should be done as often as need required And moreover that six sufficient men having lands in those parts and also one Bayliff should be chosen and sworn to view as often as they should think fit all the said Ditch from the one end thereof to the other and to cause it to be amended and repaired from time to time according to the tenor of the said Ordinance and Decree And that a certain Sluse antiently set in the said Ditch at the common chardges of all those who had benefit by the drayning of those waters which did descend thereby should be competently maintained by the view of the said six men and the Bayliff before-specified And that certain men of those parts specified in the said Processe ought severally to scour and clense some perches of the said Ditch and that they should be distrained thereâ—o by the said six men and the Bayliff as often as occasion required as by the Record and processe thereof had on that behalf and by the said King's Letters Patents exemplified under his great Seal more plainly might appear And forasmuch as at that time upon the relation of divers of the said King's faithful Subjects he was informed that through the neglect in observing the said Ordinance and Decree much losse had hapned to divers of his Loyal Subjects and others residing in those parts and many worse in processe of time were like to fall out except a more speedy remedy were used therein the said King for prevention thereof commanded the said Shireeve to view the exemplification of that Record and processe and calling before him those six men and the Bayliff and fully declaring the premisses unto them to warn and distrain them for the performance of all things which did belong to them therein In 11 H 4. Sir Gilbert Denys Knight Robert Poynns Iohn Grevill Iohn Giffard Iohn Russell Will. Godefelawe Gilbert Gylberd and Will. Merbury were assigned to view and take order for the repair of all those Banks c. betwixt Gloucester and Bristoll which were then broken by the violence of the tides and to do all things therein according to the Law and Custome of this Realm and the Customes used in those places As also to take so many Labourers upon competent wages in respect of the great necessity as should be needful for that work And in 1 H. 5. Robert Poyntz Alexander Clevedone Thomas Mille Iohn Derhurst Robert Stanshawe and Nich. Alderlegh were appointed to view and repair all those Banks c. in Salt marshe betwixt Olston and Hembury and to act therein according to the Law and Custome of the Marsh. CAP. XXII FROM Gloucestershire I must make a large step the more Western parts of this Realm affording no considerable Marshes nor the North VVest neerer than Yorkeshire but that Country is well stored with such Fenny grounds especially neer the Rivers of Ouse Darwent Aire Done Crent and Humber some part whereof do lye in the East Riding but the greatest proportion in the West Riding of that County for in that flat about Hoveden and bordering upon it it hath been observed that there are no lesse than fifty eight Villages and that it hath heretofore been vulgarly called Waulyng fenne though now as I think Dikes marsh and Hatfield Levell are the most noted names whereby it is commonly known Pursuing therefore my accustomed method in discoursing of the improvements here likewise made by banking and drayning I shall observe that the first Commission for that purpose wherewith I have met is in 23 E. 1. and directed to H. de Cressingham and I. de Lithgreines who upon complaint made to the King by Walter de Langeton then Master of the Hospital of S. Leonards at York that divers persons having lands lying neer the River Ouse betwixt the towns of Houke and Rednes who in respect of those their said lands ought to repair and maintain certain Banks and Sewers upon the borders of that stream for the securing of them from inundation as they and their Ancestors in times past had done did neglect so to do whereby great losse accrued to many other Land-holders in those parts the said King assigned them the said Hugh and Iohn to enquire the truth thereof and to take such course for the redresse of the same as should be consonant to the Laws and Customeâ— of this Realm The like Commission had the said Hugh and Iohn touching the view and repair of the Banks Ditches c. upon the same River of Ouse from Cawode to Faxflete on both sides the water So also in 27 E. 1. had Thomas de Burnham and Gerard Salveyne for the same Banks c. betwixt Cawode and Faxflete In 28 E. 1. upon information made by the Land-holders of Brunkestet and Faxflet that one Peter Betard and the townsmen of Beleby had diverted the stream of Beleby Wathe out of it's antient Chanel into the Watercourse of Fulnathe and likewise that the Inhabitants of Estringtone and Portingtone had turned the course of those such waters as passed neer those towns by several trenches so variously that upon any great rain they drowned the greatâ—st â—art of the lands adjacent so that neither passengers could travel in the common Road betwixt Beleby and Pokelington nor the said men of Brunkeflet and Faxflet till and sow their low grounds or dig turf in the Moor of Walingfen or depasture their Cattel in the parts thereabouts the King therefore assigned the before-mentioned Iohn de Lythegreyns and Robert de Boulton to view those places and to redresse the said nusances Several other Commissions for the view and repair of the Banks Ditches and Sewers in those parts were afterwards issued viz. in 32 E. 1. to Thomas de Burnham William de Hake and Thomas de Fisheburne concerning those upon Ouse betwixt Cawode and Brungflete In 2 E. 2. to Alexander de Cave and Geffrey de Hothum for those upon the verge of Humber and Ouse betwixt Ellerker and Barneby neer Hoveden In 4 E. 2. to Will. de Huke Gerard Salveyn and Iohn