be there before the said stop was so made and the water likewise coÌ„mon for fishing to all the Neighbourhood And they also said that the borderers on each part thereof were either Tenants to the Abbot of Ramsey the Earl Warren or of Iohn de Bardolf and other Lords And being farther asked whether the said Edmund or Elizabeth did in their times do any thing for the maintenance and keeping up of that Dam they said that after the before-specified Bishop had first made it it did not need any repair or amendment and that the said Robert Peverell Edmund or Elizabeth did not in their times meddle at all therewith And the Jurors for the County of Lincolne impanelled and sworn said upon their Oaths that the Chanel called South Edyke beginning at Crouland and extending it self to Tyd in that County through which the fresh waters descending from the Fens and Up-Countries used to pass unto the Sea by raising the crest thereof no more than two foot was then scarce sufficient to carry away those waters by reason of the before-mentioned obstruction though the Bank was in height no less than xv foot on each side And that before this obstruction was so made whensoever there was any occasion for the repair of the said Bank or raising it higher the agistment of every Acre of Land in those parts at an half-peny was sufficient for the same but that then through the overflowing of those waters every Acre was agisted at iiiid. and that by reason of the said obstruction no less than xl thousand Acres of Moor and Marish ground in Holand fen were overflowed and drowned And they farther said that the Abby of Crouland was founded by the Progenitors of the King 's of England and that two thousand Acres of Land Meadow Moor and Fen belonging thereto were by means of this obstruction overflowed and drowned so that the possessions of that Monastery would not suffice to maintain the House except the number of Monks were lessened and that by means thereof the King in the times of Vacancie of the said Abby did lose the benefit which might accrue to him thereby And they said moreover that by reason of this obstruction the Lands Meadows Moores Marshes and Pastures of Deping fen Burgh fen and Spalding fen which contained seaven thousand Acres as also the Moor and Marshes to the Moores of Kestevene were so overflowed and drowned that the Lords and Commoners of all the Towns adjacent on every part had by reason of that obstruction lost the profits belonging to them And they farther said that the Common passage for Ships and Boats from Crouland to the Haven of Lenne with Corn and other Commodities had wont to be by the said Town of Outwell where the before-specified obstruction was and that then they were constrained by reason of that stop to go about by Old Wellenhee and Litle port which is fifty miles farther than the other way to the damage of the King and his liege people of those parts a thousand Marks yearly And the Jurors for Cambridgshire impanelled and sworn did say upon their Oaths that the River of Ouse descending from Huntendon being the bounds betwixt Cambridge and Huntendon shires and the River of Nene descending from Peterborough and other parts above did meet at Benwick in Cambridgshire and had used to run directly from thence to the said Port of Lenne by the before-specified Town of Outwell untill xxxi years then last past that the said Bishop made that stop as aforesaid by reason whereof the Lands Meadows Fens Turbaries and a great proportion of arable belonging to all the Towns betwixt Fen Drayton and Benwick before-mentioned unto the said Town of Utwell in Cambridgshire and which were adjacent thereto and for the length and bredth of about xxx miles were commonly overflowed and drowned every year so that neither the owners of the said Lands c. nor the Commoners had any yearly profit by them to the damage of the said King and the Inhabitants of those parts and such as would pass that way CCl. and upwards every year And they said moreover that for the reasons abovesaid there was not that passage for Vessells with Corn and Merchandize towards the before-mentioned Port as had used to be neither in going nor returning except by Old Wellen hee and Lytle port which is xxxvi miles about And the said Jurors being asked how much the said Mannour of Coldham was then more worth annually than it had been before that stop was so made they answered xll. by the year And the Jurors for Huntendonshire empanelled and sworn for the same purpose said upon their Oaths that whereas men would pass from the Towns of Iakele Holme Glatton and Ramsey by the River of Nene directly towards the Haven of Lenne aforesaid with navigable Vessels laden with Corn and other vendible commodities by the said Town of Outwell they were then hindred by the said Dam that they were constrained to go about more than fifty miles And they farther said that all the Meadows Lands Pastures Fens and Turbaries from the Town of S. Neots in Huntendonshire lying adjacent or neer to the River Ouse in length xxx miles and in bredth x. miles more or less unto the Town of Benwike where the Rivers of Ouse and Nene have their confluence and likewise the Lands Meadows Pastures and Fens of all the Towns betwixt Aylington in that County unto a place called Musâ—cote in the Fen which is xvi miles in floud times were overflowed and drowned by reason that they could not pass away as they had used to do so that the Lords of those Fens and their Tenants as also the Commoners in them did totally lose the benefit which belonged to them thereby to the damage of the said King and Inhabitants of those parts six hundred Marks by the year And they said moreover that the said King was Lord of the Mannour of Glatton whereunto the Hamlet of Holme belonged to which Market men from the parts of Lenne and elswhere in Norfolk and Suffolk could not pass with their Victuals and Merchandize by Ships and Boats nor return by reason of the said obstruction insomuch as that Mannour of the Kings whereunto the said Market belonged was less worth by ten pounds per annum than formerly And the Jurors for the County of Northampton empanelled likewise and sworn said upon their Oaths that the River of Neene had wont to pass directly from Peterborough to the Port of Bishop's Lenne whereby the men of that County usually carried Merchandize Corn and all manner of Victual with Ships and Boats by Outwell in Norfolke untill within xxxi years then past that the said Walter Langtone late Bishop of Cov. and Lich. obstructed the course of the before-specified water insomuch as all persons who had a desire to go from Peterborough unto that Haven were constrained to go by Old Wellenhee and Litil port which in going and coming is a farther Journey by fifty miles And
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
Commonalty And in like manner at either of the said principal and general Lasts there should be yearly made an Accompt of the Bayliffs aforesaid before the said Lords of the Fees or their Attornies if they would be present thereat and before those of the Iurats and Commonalty as would also be there present viz. of those things whereof it should happen or concern the said Bayliffs to make Accompt that is to say to be made by Indentures betwixt them the said Bayliffs and the said Iurats Commonality The Oath of the xxiiij Jurats It was likewise decreed and ordained that every one of the said xxiiij Iurats to be elected in form aforesaid should swear that he together with his Fellows would make right Iudgements Decrees and Awards not favouring any rich or poor aswell for making distresses and assessing of Taxes as of the Banks Land waters Water-courses Sewers Ditches Gutters and Bridges to be made repaired and maintained or taken away and of all other impediments whatsoever within those limits which should happen to be removed and for punishing offenders And it was farther ordained that the said xxiiij Iurats should make exercise and perform and have full power and authority in making exercising and performing all and singular the things specified in the said Oath to be by them done exercised and performed That the xxiiij Jurats be observant to the Bayliff Also it was decreed and ordained that the said Iurats or three or two of them should attend the Bayliffs for the valuing and selling in places accustomed or that should be thereafter assigned for that purpose the distresses taken and impounded for three dayes at the most and that they should cause to be enrouled all Iudgements Decrees and Awards by them made and cause Indentures thereupon to be made betwixt themselves and the said Bayliffs for the time being The Oath of the Collectors and Expenditors It was also decreed and ordained that the Collectors and Expenditors to be chosen as aforesaid should swear that they would faithfully levy collect expend and Account in form aforesaid for all Taxes assessed or to be assessed before the said Lords of the Fees and by the said Bayliffs and ten or eight at the least of the Iurats aforesaid according to their Ordinance And the like observance to be made in all Sewers within the before-specified limits except before excepted before the Lords of the Fees touching every such Sewer if they would be present thereat And it was ordained and decreed that the said Collectors and Expenditors should make exercise and perform and have full authority and power of making exercising and performing all and singular the things specified in this Oath to be done exercised and performed The Oath of the Bayliffs and executions to be made by them It was also decreed and ordained that the said Bayliffs chosen or to be chosen as aforesaid should swear to make faithfull execution of the Iudgements and Determinations of the said xxiiij Iurats ten or eight of them and of those things which did or should belong to them to judge determine and award And that the said Bayliffs in their proper persons should chardge all the Collectors aswell of the general Assessment as of the several as aforesaid upon their Oaths that they should faithfully levy collect expend and accompt for the same And that the same Bayliffs in their proper persons should take view of all the Banks Water-gangs Sewers Gutters and Bridges within the before-specified limits except before excepted as often as need required at least twice in the year viz. once in the moneth of January and again in the moneth of May. And that they at the going out of their Office should deliver unto their successors all the evidences in their custody that is to say the Charters of the Kings of England if they had any such in their hands the Ordinances and Statutes of the Lands and Marshes within those limits before-specified except before excepted the Copies or Exscripts of the said Statutes and Ordinances the Roules of Iudgements Considerations Decrees and Awards of the said xxiiij Iurats ten or eight of them and the Rents with all the processe of Accompts of the Bayliffs Collectors and Expenditors whatsoever had in their time And it was also decreed and ordained that the same Bayliffs should do exercise and perform and have full power and authority of doing exercising and performing all and singular the things specified in this Oath which were for them to be done exercised or performed That Damms or Fords be not made It was likewise decreed and ordained that it should not be lawful to any one for the future in the said Lands and Marshes within the limits aforesaid except before excepted to make Dams or other impediments in any Lands or Land-eas Water-gangs Ditches or common Gutters there whereby the common course of the waters might in any sort be hindered or any publick damage grow there and if any such thing were done and the same witnessed by the said Bayliffs and six of the said xxiiij Iurats the party delinquent be amerc'd and the amerciament levyed by the said Bayliffs to the common profit aforesaid And moreover if any other than the Commonalty of those Lands and Marshes within the said limits except before excepted did receive prejudice therein he should make satisfaction to the party wronged at the discretion of the said Bayliff and six Iurats aforesaid That the Taxes Assessed be proclamed It was also decreed and ordained that every Tax assessed in the said lands and Mar within those limits except before excepted be publickly proclamed in certain places there and that the dayes and place of payment be thereupon assigned and proclamed to the end that ignorance may excuse none when and where within the precincts aforesaid those Taxes ought so to be paid The buying of Acres It was also decreed and ordained that every Acre in the said Lands and Marshes within the limits aforesaid except before excepted being necessary for the Banks in-Ditches and Water-gangs to be therein made should be bought for xls. and measured by a rod of twenty foot And that if before that present Friday any Bank called a See Wall should be raised within those Lands and Marshes except before excepted upon or of any mans land there or that any Forland or in-ditch should be made for the defence and safeguard of the said Lands and Marshes except before excepted from the peril of the Sea and that it were fit or expedient that the said Bank Forland or in-ditch for this defence and safeguard to be longer maintained and kept so that the Land-holdeâ— upon whose ground that Bank was raised or where the said Forland or in-ditch were made could not occupy the said Land and receive his peculiar profit thereof and that such Tenant had never any satisfaction for the said Land it was decreed and ordained by the consent abovesaid that the same Bank Forland and in-ditch should be raised and kept
of Idel to Trent bank men rowing also with lesser Boats to look Swans over all parts of it betwixt Lammas and Michaelmasse And in like sort over Starr Carr and Axholme Carr insomuch as there was no lesse than sixty thousand acres of land thus overflowed by the said fresh waters The said King therefore being seized of this Island and of divers lands and waste grounds belonging to the same as also of and in the Chase called Hatfield Chase with Dikes mersh together with the Lordships of Wroote and Finningley in the County of Yorke all lying upon the same flat out of his Royal and Princely care for the publick good in regaining so great a proportion of surrounded land which at the best yielded little or no profit to the Common wealth but contrariwise nourished beggars and idle persons and having a Chase of Red Deer through a good part of this Fen which much annoyed and opprest the residue resolving by the advice of his Counsel partly for the easing of his chardge and increase of his revenue and partly for the improvement and reducing of so great a quantity of drowned and boggy ground to be made good Meadow Arable and Pasture for the general good did under the great Seal of England contract with Cornelius Vermuden then of the City of London Esquire by Articles bearing date the twenty fourth day of May in the second year of his reign the substance whereof was as followeth First that the said Cornelius should at his own chardge drain and lay the same dry beginning the work within three months after the said King should have agreed with those persons that had interest of common therein and finish it with all possible expedition That he the said Cornelius in consideration thereof should have to him and his heirs for ever one full third part of the said surrounded grounds to hold of the said King his heirs and successors as of his Mannour of East Geenwiche in free and common socage That he the said Cornelius should pay and satisfie to the owners of all lands lying within the same level and so surrounded such summs of mony as the said lands should be thought worth by four Commissioners whereof two to be named by the Lord Treasurer of England for the time being and the other two by him the said Cornelius That the work being finished there should be for the better preservation thereof a Corporation made to make Acts and Ordinances to that end as occasion should require consisting of such persons as he the said Cornelius and his heirs did nominate That within three years after they should be finished six Commissioners to be appointed viz. three by the Lord Treasurer of England for the time being and three by the same Cornelius his heirs c. to view them and estimate what the future yearly chardge might amount unto for the perpetual maintaining of them whereupon the said Cornelius to convey and assure the Inheritance of lands to such a value as might be thought sufficient to support that chardge And that whereas divers did claim common of Pasture in sundry of the said grounds it was agreed that the King should issue out his Commission under the great Seal of England to certain persons to treat and conclude with those Commoners by way of composition in land or mony concerning the same VVhereupon Commissions were accordingly directed to several Gentlemen of those Counties to treat and agree with all such as pretended right of Common within any of the Mannours above-mentioned which took effect with each of them except those of the Mannour of Epworth in this Isle But Sir Robert Heath being the then Attorney General exhibiting an information in the Exchequer Chamber against them three hundred and seventy who were all that at that time could be discovered to have right of common there came and submitted to such an Award as Sir Iohn Bankes the then Attorney general should make therein Who upon several hearings of all parties and their Councell made this Award viz. that of thirteen thousand and four hundred Acres belonging to that Mannour which was then to be drayned with the rest of the levell six thousand Acres should be allotted to the Commoners as their part or portion lying next to the Towns and so preserved for ever at the chardge of the said Cornelius Vermuyden and the remaining seven thousand and four hundred Acres to be set out in the remotest parts of those wastes to Sir C. Vermuyden and his participants for their third part and for the said late King's part in right of his interest as Lord of the soil which by consent was decreed in the Exchequer Chamber and possession thereupon established with the said Cornelius Vermuyden and his participants and to their assigns The agreement being therefore thus made this great work was accordingly begun and had so successful a progresse that with the chardge of fifty five thousand eight hundred twenty five pounds or thereabouts it became fully finished within the space of five years the waters which usually overflowed the whole levell being conveyed into the River of Trent through Snow Sewer and Althorpe River by a Sluse which issued out the drayned water at every ebb and kept back the tides upon all comings in thereof And now that the world may see what an advantage accrued to the publick by this noble though chardgable work I shall here from the before-specified Depositions observe First that since the drayning of Haxey Carr a great part thereof hath been sowed with Rape and other Corn for three years together and born plentiful crops That some part of the said Carr not worth above six pence an Acre per annum was after the said drayning worth xs. the Acre That several houses have been since built and inhabited in sundry places of the said Carr which formerly was drowned land So likewise in other parts of the levell That since the drayning the gounds are better worth xiijs. iiijd. an Acre than they were two shillings an Acre before That of ten Acres of drayned land fifty quarters of Rape seed have been gotten in one year and sold at xxxs. the quarter That of the said drayned grounds thâ—y have usually had three quarters and a half of wheat upon one Acre three quarters of Rye upon one Acre and eight quarters of Oats upon one Acre And for six years together seven quarters of Oats on one Acre That before this drayning the Country thereabouts was full of wandring Beggars but very few afterwards being set on work in weeding of Corn burning of ground thrashing ditching Harvest work and other Husbandry All wages of Labourers by reason of this great use of them being then doubled Hereunto I shall add what I find in that printed Relation before-mentioned viz. the State of the Case id est that the said Cornelius Vermuyden together with his participants and their assigns being in quiet and peaceable possession of what belonged to them by
here at Ely with high solemnity as the custome then was the Abbots of Ely in their turn performing the service in the King's Court as they had used to do there being no other access to it considering the bredth and depth of the Fenn but by shipping he set sayl thitherward and when he came neer to the land raising up himself commanded the Mariners to make what hast they could to a little Port but to go stedily and fixing his eyes towards the Church which stood on high on the top of the Rock he heard a pleasant voice on every side where listning farther the nearer he approached to landâ— the more sensible he was of the melody and at length perceiving that it was the Monks then singing in the Quiâ—e and with shrill voices performing their divine Offices he commanded all the rest that were in the next ships to come nearer to him and exhorting them to sing with him became so transported that expressing the joy of his heart he presently composed and sung this Hymn Merie singende Monekes ben in Ely tha chut singende therby Royal chites noer the land And here yve thes Moneks sang Which in Latine is thus Dulcè câ—ntaverunt Monachi in Ely Dumi Canutus Rex navigat propè ibiâ— And now my Knights quoth he sayl ye nearer and let us jointly hear the harmony of these Monks All which were long afterwards publickly sung in the Quire in memory of that devout King and kept in mind as Proverbs the King thereupon ceasing not thus to sing with his venerable College till he came to land where being received with solemn Procession as the Custome had been to the Prìnce or any eminent person and brought into the Church he ratified all the donations conferred thereto by his Royal Predecessors Kings of England and established them with their immunities and privileges in the face of the Church where the body of the holy Virgin S. Audrey lay entombed upon the high Altar before all the persons there present Not long afterwards it so hapned that at the solempnity of this Feast the Fen was so much frozen that the said King could not repair thither as he desired neverthelesse it did not alter his purpose though he was sorrowful and much troubled Howbeit putting his trust in God being then upon Soham mere he contrived to be drawn upon a slead over the Ice and for his better security considering the danger of the passage that one should go before him to try the way But it so fell out that as he stood thus consulting a lusty and big man and an inhabitant of the Isle who for his corpulency was called Brithmer Budde came before him and offred to lead the way whereupon the King followed on the Slead all that beheld him admiring his boldnesse and coming safe thither celebrated that solempnity according as he had wont with great joy and in gratitude to the said Brithmer made him with all his posterity â—ree mâ—n for ever In further testimony likewise of the security of this place by reason of the vast and deep waters wherein it was situate I find that in the time of King Edward the Confessor the English having advertisement of great preparations then making by the Daâ—es for another invasion of this Realm bestirred themselves in fortifying their Cities and Castles hiding their treasure and mustering of souldiers for their defence And that Alfric the Abbot of S. Albans much fearing the danger did not only take care to convey the Shrine of that glorious prothomartyr S. Alban into a secret corner where he immured it but the better to disguise the businesse wrote Letters to the Abbot of this place humbly requesting him that he would take chardge thereof till all things should be in a quiet condition again â—or saith my Author erat eorum Insula intransmeabilibus circundata paludibus arundinetis unde hostium incursus nequaquam timuerunt id est This Isle of Ely is environed with Fenns and Reed-plecks unpassible so that they feared not the invasion of the Enemy Whereunto the said Abbot assenting Alfric like a politick and wary man fearing that these of Ely having gotten such a treasure into their hands might deny to restore it when it should be again required sent instead of S. Albans Shrine the reliques of an old Monk put up in a rich Chest as if they had been S. Albans bones and kept the before-specified Shrine walled up in their own Abby as hath been said But the most signal testimony of the strength of this place by reason of the said waters encompassing it is that recourse which divers of the principal nobility of the English Nation had unto it as their greatest refuge against the strength and power of the Norman Conqueror as also the defence that they then and there made against a powerful Army brought by that King for the subduing of it the substance of which story because it is but briefly pointed at by our publick Writers I suppose it will not seem tedious if I here succinctly deliver After that William Duke of Normandy invading this Realm with a puissant Army in the year MLxvi had subdued the forces of K. Harold in open batail wherein that King lost his life Stigand Archbishop of Canterbury whom the Conqueror affected not fled into this Isle for safety So likewise did Egfrid then Abbot of S. Albans with the Reliques of that Saint and treasure of his Church As also Edwine and Morkere two great and potent Earls of this Nation with Egelwine Bishop of Durham besides many thousands of the Clergy and Laity And understanding that Hereward Lord of Brunne in Lincolnshire a younger son to the famous Leofrike Earl of Mercia being a person much renowned for his valour and military skill for at the age of xviij years being banished the land by King Edw. the Confessor for his extraordinary dissolutenesse towards his parents and others he went into Flanders and other forein parts where he gained most high repute of his prowesse and noble exploits was returned from beyond Sea they forthwith sent for him desiring that he would repair thither with all his power and joyn with them in the defence of their native Country and redeeming their just liberties And in particular they importuned him in behalf of Thurstane then Abbot of that place and his Monks whose the said Island wholly was and on whose behalf the same was then fortified against the King that he would make no delay because the said King brought in a forein Monk out of France to obtrude upon them as Abbot there and that he purposed to do the like in all other Churches throughout England To which request of theirs he willingly condescended and forthwith began his journey towards them accordingly whereof the Earl Warren having notice whose brother long before the said Hereward had killed he laid ambushes for him on the out-side of the Fens belonging to
heir of the said Hugh unto Richard de Rulos Chamberlain to King William the Conquerour And by his daughter and heir to Baldwin fitz Gilbert Which Baldwin leaving also issue one only daughter and heir wâ—dded to Hugh Wake the said Hugh became in her right Lord and owner of those places scil Bourne and Deping and was also principal Forester to the King H. 3. for his whole Forest of Kesteven Of what extent the Forest whereof I have already made mention to have been in these parts of this Province and possest by Leofrike Earl of Mercia was I am not able to say but it appears that King Henry the first for the pleasure of Hunting doing much hurt to the Common Wealth by enlarging of Forests as his Brother King William Rufus had done did afforest thâ—se Fenns between Keâ—teven and Holand viz. from the Bridge of East Deping now Market Deping to the Church of Swaiston on the one side from the bridge of Bicker and Wragmere stake on the otherside which metâ—s dividâ—d the North pâ—rts and the river of Weland the South excepting the Fen of Goggisland in regard it was a Sanctuary of holy Church as belonging to the Abby of Crouâ—and which Fen the Monkâ— of that House having licence from the said King did cloze for their own use making the Ditches about it bigger than ordinary for the avoyding of discord And being thus made Forest it continued so untill King Henry the third's time who in the xiiiith year of his reign granted unto all the Inhabitants within the same that it should thenceforth be deaâ—forested by thâ—se subsequent bounds viz. in length on the one side from Swaftone to East Deping as Kares â—ike extends it self betwixt Swantone and East Deping And in length on the other side towards Holand from the bridge at Bikere to the great bridge at Spalding And in bredth on the one part from that great bridge at Spalding to East Deping as the river of Weland goeth betwixt Spalding and East Deping And on the other side from the land of Swaftune unto the bridge at Bikere So that all the Lands Marshes and Turbaries within those precinctsâ— were thenceforth to be quit of waste and regard In the 18 of King Edw. the first 's reign Henry then Abbot of Croyland and his Monks were impleaded by Thomas Wake of Lidell then Lord of Deping by descent as aforesaid for fishing at Est Deping in the free fishing of the said Thomas and for throwing down a certain bank in his Fen there which the said Thomas had made for the safeguard of the said Fen from being overflowen by the fresh waters But to this the said Abbot and his Monks made answer that being possest of the Mannour and Town of Crouland within which there is a certain River called Weland running time out of mind from the boundary called Kemisf stone in the West unto the site of the Abby within the said Town and so from the said Abby to Brother house towards the North he the said Abboâ— and all his predecessors Abbots of that place were always and till that time seized thereof and of the free fishing therein as Lords of that Mannour and Town And farther said that the place where this trespass was assigned to be was within those limits and precinct of that their Mannour acknowledging that he diâ— fish there as the said Thomas had alleged And as to the said Ditch he saidâ— that within the precinct also of the Mannour of Crouland there was a certain Fen callâ—d Goukeslaund which then was his proper soil and so had been of his predecessors time beyond memory as paâ—cel of the beforespecified Mannour And moreover that the course of the fresh waters flowing from the West in the said Fenn did then run as always they had used to do from the same Fen into the said River of Weland and so to the Sea And he likewise alleged that because the said Thomas had raised a bank upon the land of him the said Abbot within his Mannoâ— of Croyland in a certain place where none had ever been before by which bank the course of those fresh waters being stopt the said Fen called Goukesland and other Fens adjoyning thereto were overflown and the Abby and Town of Crouland in danger to be thereby drowned he the said Abbot perceiving that the abovespecified bank was so raised to the end that the said Aâ—by and Town might be drowned did cause several parts thereof to be thrown down But notwithstanding this answer the Abbot was by the Jurors found guilty both of the trespass in fishing as abovesaid and breaking that bank to the damage of the said Thomas Wake no less than CCCC marks In 9 E. 2. Edmund Deincourt Lambert de Trikyngham Roger de Cuppledyk and Robert de Malberthorp were constituted Commissioners to view and repair the Banks Sewers and Ditches within this Province by which the fresh waters in the Marshes betwixt this part of the Country and Holand had used to pass unto the Sea And in the same year the said Edmund d' Eyncourt Nich. de Widmerpole and Richard de Whattone were appointed to enquire touching the Rivers of Smyte Dyvâ—ne Wycheme Middelwynene and Fulbâ—k choakt up for want of scouring by reason whereof the Inhabitants in those parts did then suffer much damage In 16 E. 3. Gilbert de Umframvill Earl of Anegos exhibited a Petition to the King whereby he represented that whereas there was a certain water called the Ee of Kyme betwixt Doc dyke on the East part and Brentfen on the South within this province which did run through the lands of the said Earl for the space of six miles in length but was so obstructed and stopt by reason of mud and other filth that Ships laden with Wine Wool and other Merchandize could neither pass through the same in Summer nor Winter as they had used to do except it were scoured and clensed and the banks so raised that the tops of them might appear to Mariners passing that way whensoever the Marshes there should be overflowed And that as the said Earl had for the common benefit of those parts bestowed no small costs towards the repair of the said place called the Ee and heightning of those banks so he intended to be at much more in case the said King would please to grant unto him and his heirs for ever certain Customs of the Merchandize passing in Ships through the same to have and receive in form abovesaid viz. for every Sack of Wool carried through that Chanel four pence for every Pocket of VVool two pence For every Tun of VVine four pence for every Pipe of VVine two pence For every four quarters of Corn a peny for every thousand of Turfes a peny For every Ship laden with Catel four pence and for every ship laden with other commodities than aforesaid two pence VVhereupon the said King directed his
Crouland bridge to Wodelademouth the River of Weland is the fence thereto having the before-specified Isle on the East part of itâ— and the Fen called Goggeslound on the West And from Wodelademouth to the common Sewer of Asendik the said River of Weland is the limit thereof having the said Isle on the South part and Spaâ—ding fen on the North. And from the said Sewer to Aswiktost doth the water of Asendik bound it having the same Isle on the South parâ— and the Fens of Spalding Weston and Multon on the North. Moreover of the Fens lying opposite to the said Isle on the West side these were then the limits viz. from Namans land hirne to Finset thence to Groines thence to Folwardstaking thence Northwards to the stream of Weland where South lake enters thereinto and so passing over the said River of Weland and ascending to Aspath thence Northwards to Werwerlake and so by Harinholt to Mengarlake thence to Oggot otherwise called Dedmans lake and so by Apinholt and Wodelake Eastwards to Wodelademouth which is the boundary of the Isle on that side towards the North as Namans land hirne is towards the South Howbeit the Common of Pasture for Cattel extendeth farther than the before-specified bounds of those Fens Southwards even to the lands belonging to the Monks of Medeshamsted now Peterborough and towards the West of the Lands of the Monks of S. Pega now Peakirke in the South fens of Weland and in the North fens towards the West to the Town of Deping â— Northwards to Spaldeling The other boundary is by Edred King of great Britaine thus described in the year of Christs Incarnation DCCCCxlviij viz. from the triangular Bridge at Crouland by the River of Weland towards Spalding unto Asâ—ndike where Asendik falleth into the River of UUeland on the North part of a certain Crosse of stone there erected by Abbot Turketill and so upwards to the East by Asendick to Aswicktost Thence to Shepishee on the East side of the same Isle and so to Tedwarthar and there entring South Ee to Naman land hirne where the said Abbot Turketill set up another Crosse of stone six perches distant from South Ee the division of the Counties of Lincolne and Cambridge being in that water and the said Crosse being distant from the River of Nene five perches VVestwards And so along the said River of Nene as it runneth to the before-specified Bridge at Crouland VVhereunto belonged likewise the several fishing aswell in all the waters invironing the said Isle as in the Pools and Fens within the Precincts thereof together with the Marshes and woods of Alderlound situate VVestwards and opposite thereto all which were annexed to the County of Lincolne according to these subsequent boundaries viz. from Naman land hirne by the River of Nene westwards to Finset where there is a Cross of stone set up near the River Thence to Grinis thence to Folwardstaking and thence to Southlake where it falleth into Weland And so passing over the said River of Weland and beginning at Kenulphston near the stream over against Southlake where Kenulph the first Abbot of this Monastery fixed a Crosse of stone for the limit betwixt Crouland and Deping And thence tending Northwards near Aspath unto Werwarlake and so to Harinholt and then up by Mengarlake and Lurtlake where the bounds of Holand and Kestevene are Thence to Oggot and so to Apinholt otherwise called Wodelade where the same UUodelade falleth into UUeland VVhich ample possessions though they yielded not much profit in regard so great a quantity of them lay then for the most part under water yet can it not be denyed but that upon the invasion of those Pagan Danes in the time of Beorred King of Mercia they hapned to be their chiefest refuge the lives of most of the Monks of this Abby being then secured by means of these spacious Fenns in the reeds and thickets whereof they hid themselves to avoid the cruelties of those barbarous people whilst the rest of their Covent were murthered and the Abby burnt VVhich Monks so preserved and after that woful masacre returning again contented themselvs with such habitations as the ruines there left would afford them Nor had they better untill the time of King Edred that Turketill then his Chancellour taking to heart those their sufferings procured that King to rebuild it and not only so but out of his singular devotion to God and affection to this place giving six goodly Mannours thereto and causing himself to be shorn a Monk became afterwards Abbot there Whereupon through the munificence of that good King and the bounty of the said Turketill being thus restored to it 's former splendor there was no good means unattempted that might conduce to the bettering and improving of the lands thereto belonging for the most advantage as may seem by those endeavors of Abbot Egelric in the times of King Edward the elder and King Edgar who plowed up a large proportion of them for Corn which could not have been done without the help of drayning I presume for saith Ingulphus Fecit etiam in annis sicciatis culturam in suis paludibus c. In dry years he tilled the Fens in four places at the four corners of them and for three or four of years had the increase of an hundred fold of what seed soever he sowed Amongst which that Fen at Tedwarthar was the most fruitfull the Monastery being so much enricht by these plentifull crops that the whole Country thereabouts was supplyed therewith and a multitude of poor people resorting thither for that respect Crouland became a large Town The same Ingulphus who was Abbot here in the Norman Conquerers time saith that in his days they had not any such Tenants residing here at Crouland as upon their other Lands no man delighting to inhabit here any longer than he was necessitated so to do insomuch as those who in time of warr betook themselves hither for security as great numbers of rich and poor from the neighbouring Countries did afterwards returned back to their particular homes none continuing here but their own domestique family with their wives and childrenâ— to whom he did let to ferm a great proportion of the Marshes and Meadows belonging to this Abby for certain annual Rents and other services For without Boats there was not then any accesse thereto there being no path farther than to the gate of the Monastery But notwithstanding that the lands and possessions of this Abby were through the great bounty of several Kings and others given thereto with divers ample privileges and immunities and not only so but with fearful curses pronounc'd by those pious Donours against such as should violate any of their grants neverthelesse it appears that the Inhabitants of Holand bordering on the North-side of Crouland having drayned their own Marshes and converted them to good and fertile arable land whereof each Town had their proper portion wanting
should continue where it then ran In 11 E. 1. there was a Commission issued unto N. de Stapelton W. de Brumpton and E. de Bekingham to enquire by the Oath of honest and lawfull men of this County whether the Abbot of Croyland or Prior of Spalding ought to repair certain Bridges Gutters Banks and Ditches in those parts concerning which there was some difference betwixt them In 10 E. 3. there was a Petition exhibited to the King and his Council in Parliament setting forth the many perils and losses which had befallen several men by reason of the ill way betwixt Crouland and Spalding as also that greater mischief was like to happen therby unlesse by the repairing of those ways a remedy were speedily used And that all those dangers and losses might well be avoided in case there were a new Causey made betwixt the said town of Crouland and a place called the Brother house by the said Abbot upon his own proper ground for the making and repair whereof he the said Abbot and his successors were to take a certain Custome of all persons travelling that way the said King therefore much affecting the safeguard and ease of his people and for that respect desiring to be certified whether the said Abbot would be willing to undertake the making and repair of such a Causey or not and if so then how and in what sort directed his Precept to him requiring his answer thereto Whereupon the Abbot by his Letters signified to the King that the distance betwixt the great Bridge within the Town of Crouland and the said place called Brother-house within which space these dangers in passage were was no lesse than three miles and in a fenny soil upon the one side of the River Weland where by reason of the lownesse of the ground in a Moorish earth it would be a difficult matter to make a Causey fit and durable for passengers because it could not be made otherwise than upon the Brink of that River where there was so much water in winter time that it covered the ground an ell and an half in depth and in a tempestuous wind two ells at which times the ground on the side of that River upon the brink whereof the said Causey ought to be made was often broke by Bargemen and Mariners and by the force of the wind so torn away as that the earth was diminished and wasted so that in case a Causey should be there made it would in a short time be consumed and wasted away by the power of those winds except it were raised very high and broad and defended by some means against such dangers and that for the safeguard and ease of passengers aswell on that side the said River of Weland within the Precincts of the Town of Crouland as overthwart the same Causey there ought to be made many high and strong Bridges which would require no little chardge to the end that loaded Barges and Boats might passe under them and that might serve for necessary Sewers over which Bridges loaded Carts Horses and others might also travell And for the supporting of this great chardge ever Barge passing that way in a tempestuous time should pay xiid. every loaded Cart xijd. every loaded horse vi pence every man carrying a burthen iid. every Horse not loaded iijd every man singly going that way i d. And for Cattel and other things carryed by water more or lesse as should be agreed with the boat-men And in great storms and flouds double to what is before exprest to be paid for all carriages by water that way And forasmuch as the making and maintenance of the said Causey was like to be so chardgable in respect of it's length height and thicknesse with necessary bridges as aforesaid the said Abbot proposed then to the King whether he would please to grant unto him and his Monastery for to undergo the same such a Custome for the space of seven years of every passenger aswell by land as water travailing within the compasse of the Lordship of Crouland as might be suitable to such a work though such Custome did not exceed the one half of what passengers did at that time pay and after those seven years should be expired a certain lesser Custome apportioned to the chardge of such necessary maintainance and repair thereof And that in case the King would so do that then he would do his best endeavour to make and maintain the said Causeys and bridges VVhich answer of the said Abbot had no reply made thereto for the space of two years after but then the Parliament again sitting the Inhabitants of Kesteven and Holand exhibited a Petition to the King whereby they humbly besought him that for the safety and advantage of themselves and other passengers he would take the answer of the before-specified Abbot into consideration and do what should be meet therein VVhereupon the said King much regarding the safety and welfare of his people and therefore desiring for the better performance of the work to be more fully certified touching the premisses assigned Robert de Colevill Adam de Limbergh Iohn de Ros Humphrey de Litlebury Will. de Bayeux and Ranulph de Parys to enquire by the Oaths of honest and lawful men of this Country what manner of Customes and how much the barge-men and boat-men did then receive aswell for men as Cattel and had to that time usually received and who ought to make that way and take the benefit thereof As also upon whose soil on both sides the barges and boats had used to land and whose the whole passage was And moreover what and how much Custome would be requisite for the said Abbot to take for the space of seven years in consideration of his chardge in making the same Causey and Bridges upon his own proper soyl and how much after those seven years were expired to maintain them in repair As also how many Causeys and Bridges and of what length bredth height and thicknesse each of them ought to be for the more safe and substantial benefit of passengers And lastly whether it would be of any damage to the said King or others if he did grant to the said Abbot such Customes as aforesaid for the considerations above specified But what was done therein I find not Memorandum that from the time of the Foundation of the Abby of Crouland untill the days of Sir Iohn Wake who lived in the times of Edward the second and Edward the third Kings of England nothing was done against the Abby of Crouland for raising of a bank in the marsh of Gokesland in Holand But in the time of Thomas Wake the son of the said Sir Iohn the said bank was made and so the Abbot of Crouland then made that bank from Kenulphston to Crouland hyrn alias Dyke end from which place the Lordship of Deping began and continued to Wode lade untill the time of Iohn Duke of Somerset and then the
the Arch-angel to answer unto the particulars contained in the said presentment who came accordingly and said that he himself and some of his Predecessors with their Tenants and Fermours in the Towns and places adjacent to those banks had for their own Commodity and benefit often repaired divers parts of them but not at all for the advantage of the Country and thereupon did put himself upon the tryall of a Jury Which being summoned to appear came and said upon their Oaths that the said Abbot and his Predecessors as also their Servants Tenants and Fermours of their Lands and Tenements lying in the places adjoyning to those Banks had very often for the avoiding of damage to themselves repaired those Bank for their own private advantage as he the said Abbot had pleaded and not otherwise And that neither the said Abbot nor any of his Predecessors had ever repaired them for the safeguard of the Country or keeping in the water within the said banks for the benefit and Commodity of the Kings liege people Wherefore the said Abbot was dischardged from that Presentment But after this viz. in H. 6. time there was an Inquisition taken at Staunford in this County before Sir Iohn Beauchamp Knight then Steward of the Kings Houshold and Iohn Duke of Norfolk Marshal of England and the Marshal of the Court of Marshalsiâ— in the said Kings Houshold where it was found by the Jurors that there was a certain Clough called Shiphey lying at Dousdale in the parish of Crouland then broken by reason whereof the Lands and Tenements of divers persons thereabouts were overflowed to their great damage and hindrance and that the Abbot of Crouland ought to repair the same as he and his Predecessors had formerly used to do which Clough had been broken and out of repair from the Feast of Easter in the xxxvi year of the reign of King Henry the vi and did so remain at the taking of this Inquisition Upon which presentment so made by the said Jurors as aforesaid the Abbot of Crouland by his Attorneys appeared at Deping upon Thursday next after the Feast of All Saints in the second year of King Edward 4th before the Steward and Marshal of the Kings Household and pleaded not guilty as to the said chardge but because he would not contest therein with the King he submitted himself and desired that he might be admitted to his fine and was accordingly which the Court assessed at vis. viij d. In 3 H. 5. there was an Award made betwixt the Abbot of Crouland and the Inhabitants of Spaldyng and Pinchebec by Iohn Woodhouse Chancellour of the Dutchy of Lancaster Iohn Leventhorp Receiver and Will. Babington one of the Council of the said Dutchy with the assistance of Richard Norton Chief Justice of the Common Pleas and the rest of the then Justices of that Court who did decree to the said Abbot and his successors all the soil of Goggisland together with the whole fishing and fowling therein and that the said Inhabitants of Spalding and Pinchebec should be excluded from taking any other profits therein excepting Common of Pasture CAP. XLV HAving now done with what concerns that sometime famous Monastery of Crouland I shall proceed with the remainder of this Province but before I descend to speak in particular as to the support and maintenance of those antient banks so long before made for the gaining thereof from the Sea and it's defence against the fresh waters as also such works of drayning or otherwise as tended to the better improving of all or any part of the same I think it not impertinent to take notice that these following Marshes and Fens are observed to have long since been within the limits of it viz. in the year of Christ DCCCxxxij in Langtoft to the extent of two miles in length and as much in bredth In Baston xvi furlongs in length and eight in bredth In Holbeche and Capelade in the year DCCCLi five thousand acres and in the Norman Conquerors time in Algarekirk ten Ox gangs then waste by reason of the Seas inundation Next to observe that King Henry the first did afforest a great part thereof aswell as of Kesteven already spoke of And that King Iohn did in the fift year of his reign deafforest all those lands that belonged to Surflet Gosbercherche Quadavering and Dunnington As to the Sea-banks in this Province I find no mention of them till King Henry the third's time but then it appears that the said King directed his Precept to the Shireeve to distrain all those that held any Lands lyable to the repair of them to the end that they might be repaired as they ought and used to be which Tenants were afterwards to have allowance thereof from their Landlords And about four years afterwards viz. in 44. H. 3. the said King by his Letters Patents to Henry de Bathe of whom I have had occasion to make signal mention in my discourse of Romeney marsh reciting that whereas through the inundation of the Sea into these parts of Holand inestimable losse had hapned and more was imminent as he had credible information and that by reason thereof he had sent his Precept to the Shireeve of this County to distrain all those who held any Lands and Tenements in these parts which ought to contribute to the repair of the Ditches Bridges and Banks of the Sea and Fens therein in order to the repair and maintenance of them according to the quantity of their said Lands Neverthelesse for the manifestation of his greater care of that work he appointed the before-specified Henry together with the said Shireeve to provide forthwith for those repairs and to make distresses for the same in such sort as he should think most fit and conducing to the benefit and security of those parts In 47 H. 3. there was a presentment by a Jury exhibited to Martin de Litlebury and his fellow Justices Itinerant at Lincolne on the morrow after the Clause of Easter shewing that antiâ—ntly in the time of old Will. de Rumare Earl oâ— Chester it hapned that two men carrying a Corps from Stikeney to Cibecey to be buryed in the Church-yard there drowned it on North dyke Causey Which being told to the said Earl he acquainted the Abbot of Revesby therewith and advertised him that he and his Covent ought at their own proper chardges to repair and maintain the said Causey in consideration of two pieces of ground which he the said Earl had given them to that purpose for ever whereof one was called Heyholme and the other West fewer containing about sixscore Acres and worth by the year vil. And the Jurors farther said that the before-specified Abbot and Covent which then were did receive that land of the gift of the said Earl for the maintenance of the same Causey for ever and that they did accordingly repair it for a long time untill that
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
the Causey leading from Soham to Ely considering the antiquity thereof for whether there were any other at that time I make a question because many years after this the Barons who took up Armes against K. Henry the third made this Isle their last refuge as in the xli Chapt. is observed which could not have afforded such security to them had there been many accesses to it by land But what deserveth more observation is the commodious and flourishing condition of some of the Fens pertaining antiently to this Isle which occasioned no small dispute betwixt the borderers thereon touching the extent of their several bounds for in K. Henry the first 's dayes I find that after a long contest between the Church of Ely Nigell being than Bishop and Abby of Thorney about the limits of Wysebeche fen and Thorney fen as also of Thorney fen and Wytlesey fen there were chosen divers prudent men aswell of the Clergy as Laity by the consent of all parts who thus subscribed and setled the same viz. from Tidbrithwic above the old stream by Scepelac unto Toft and thence by Schepelak unto Cnor thence to Ringmere thence betwixt Thorney and Wytlesey from Cnor to Midfentre and from Midfentre unto the stream called Must. Notwithstanding which conclusion some of the succeeding Abbots were not satisfied as as it should seem for it appears that in 19 H. 3. upon claim made by Robert the then Abbot unto a thousand Acres of Wysebeche fen Hugh ........ at that time Bishop of Ely by a Fine levied at Huntendon on the Octaves of S. Iohn Baptist before Robert de Lexinton and his fellow Justices Itinerant did grant and confirm unto the before-mentioned Abbot and the Church of Thorney a full mile within that Fen viz. betwixt the Abbot of Thorney's wood and Wysebeche towards the East North and South according to the perch of xx foot and where the said wood determineth the Abbot to have the said mile by a line directly extended unto the division of the Counties of Lincolne and Cambridge and unto other boundaries which divide their own Fen betwixt Wytlesey and Thorney to enjoy to himself and his successors for ever About this time also the extent of a large Fen called Heye fen belonging to the Mannour of Wysebeche and to the Towns of Leverington Neuton Tid Elme and Welle within the liberties of Ely was thus set forth viz. from the Shof to the Horshoo by the old stream and from the Horse shoo to the Bank of Robert of the Marshe and from thence to Wride by the Abbot of Thorney's Bank unto two furlongs beyond Knor and so to Orchardstede thence to Stodpathe thence to Wype from Wype by the Ded hee to Nymeres and so to Westfencote by the same stream and thence to Wysemouthe thence to Suerdesdelfe to Grete cros thence by Iden hee to Quedale so to Merchforde thence by the Kirke and the Heyeront unto Echinghee and so lineally by Heyront to Tharmerecote thence to Stanymeres thence directly to Freileswere and so by Oldwellen hee to Millestede and from Millestede to Shrewediche where all the said Towns ought to eat in Common Horn under Horn with their Cattell Touching the Fen called Kingsdelfe belonging to the Abby of Ramsey it likewise appears that the bounds thereof began at Hindelake and thence extended to Gangstede thence to Southea thence to South South Ea so to Pokelode thence to the head of Gresemere hence to Pakkelode and so by the Marshes and stream â—alled Cnoutesdelfe and Middelmor to Hindeslake But the whole territory of Ramsey with the Hundred of Hirstington were much more large viz. from the Stone neer the House of Iohn Freman Son to Thomas of great Ranele unto Walton barwe thence to Hokessede and so to Toroldescote thence to Halteshers and so to Hindeslake Thence by the stream called Cnoutesdelfe dividing Middilmore and Kyngesdelf unto Steylinghale thence to Schelwpol and so to Cromestal thence to Wetinges and so to Etinges thence to Athelstonesdelf so to Depelake thence to Hokewerebiht thence to Wolfeye lode so to Colputteslode through the midst of Huniberdale thence through the midst of Wystowe unto the stone before-specified But the Abbot of Ramsey had it not totally to himself as it seems for after much dispute betwixt Robert Abbot of Thorney and Hugh Abbot of Ramsey about the beginning of H. 3. Reign touching the Common of pasture in this Fen unto which the Monkes of Thorney then laid claim the Abbot of Ramsey withstanding the same and alleging that it was an unjust challenge forasmuch as he the said Abbot of Ramesey had no Common in the said Abbot of Thorney's fen of Iakele nor that he the said Abbot of Thorney did any service to the Abby of Ramsey in consideration whereof he ought to have such Common they came to this Agreement by a Fine levied in the Kings Court at Westminster mense Pasch. 8 H. 3. viz. that the whole part of the said Fen from Kingesdelfe through new Hyndâ—lake unto the new Falt upon Witlesmare being the part towards Ramsey should remain to the said Abbot of Ramesey and his successors peaceably for ever without any claim that the said Abbot of Thorney or his successors should make therein And that the other part thereof from the said Kingsdelf through new Hyndelakâ— unto the new Falt upon Witlesmare being the part towards Iaâ—ele and Farresheved the said Abbot of Thorney and his successors should enjoy for ever without any claim of Common therein by the said Abbot of Ramsey or his successors And it was agreed that the Ditch to be made for distinguishing and severing these Commons should be xvi foot in bredth whereof the one half all along to be taken out of the Abbot of Thorney's part and the other out of the Abbot of Ramsey's side and to be made directly by a straight line from Kingesdelfe before-mentioned unto the said new Falt upon Witlesmare And lastly that it being the boundary betwixt both their Fens it should be common to each of them and their successors to fish therein and carry any thing through it for their ease and Commodity Which Ditch was set forth by twelve Knights upon the King 's speciall Precept to that purpose and by consent of all parties made and perfected accordingly But after this there grew farther dispute betwixt the Bishop of Ely and Abbot of Ramsey concerning the limits of their fen-Fen-land which were not setled till about the year MCCLvi 40 H. 3. Howbeit then did W. de ....... Bishop of Ely and Hugh Abbot of Ramsey come to a full conclusion therein the relation thereof forasmuch as it so amply manifesteth how dismall a tract all those parts had long before been and unto what an height of improvement they were at that time grown I shall here from an eminent Historian of that time exhibit A. MCCLvi 40. H. 3. facta est pax inter Episcopum Eliensem W Hugonem Abbatem
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
where and by what places and how much each man should be obliged to maintain And that when necessity should happen by occasion whereof it might be requisite to withstand or resist the danger and violence of the Sea in repairing of the before specified Banks that the said xxiiii Iurats should meet together and view the places of danger and consider to whom the deâ—ence of the same should be assigned and within what time to be repaired And that the common Bayliff of the said Marsh should give notice to those unto whose defence the said places should be assigned that they should defend and repair them within the time assigned by the said xxiiii Iurats And if they neglected so to do that then the said common Bayliff should at his own chardge make good the said repairs by the oversight of the xxiiii Iurats And that afterwards the party so neglecting should be obliged to render to the said Bayliff double the chardge so laid out by him about those repairs Which double to be reserved for the benefit of the said Banks and the repair of them And that the party so neglecting should be distrained for the same by his lands situate within the said Marsh. Moreover in case any parcel of land should be held in common by partners so that a certain place could not be assigned to each partner for his own proportion viz. a whole or half perch in respect of the small quantity of the Land that then it should be ordained by the oaths of the xxiiii Iurats and viewed what proportion of the said land so held in common he might be able to defend and thereupon a certain portion so to be defended by the said partners in common to be assigned to them And if any of the said partners should neglect to defend his portion after admonition given to them by the Bayliff the said portion of the party so neglecting to be assigned to the other partners who ought to make the like defence Which partners to hold the portion of the party so neglecting in their hands untill he should pay his proportion of the costs laid out about the same defence by the oversight of the xxiiii Iurats and also double towards the Commodities of the said Banks and the repair of them as aforesaid And that if all the partners should happen to be negligent in the premisses then that the common Bayliff before mentioned should make good the whole defence at his own proper costs and afterwards distrain all those partners in double the chardges so by him expended in the said defence by view of the xxiiii Iurats as aforesaid Saving to the chief Lords in the said Marsh the right which they have against their Tenants touching this defence according to their Feoffments And lastly that all the lands in the said Marsh be kept and maintained against the violence of the Sea and the floods of the fresh waters with Banks and Sewers by the Oath and consideration of xxiiii Iurats at the least for their preservation as antiently had been accustomed About this time I find that the K. had advertisement that his Haven of Rumenale was in great danger of destruction to the no little damage of the publick and excessive annoyance of the Town of Rumenale unlesse the course of the River of Newendene whereupon the said Haven was founded being then diverted by the overflowings of the Sea were reduced to the said Port And that he was informed by an Inquisition made by Nicholas de Handlon whom he had sent into those parts to provide and ordain in what sort the said stream might be again brought to the same Haven by it's antient Chanel or a new one to be made that it could not be so reduced nor the said Haven preserved for the common benefit of the said Port and Town except certain obstructions which were in the old course of that River were removed and that a new Chanel were made neer to the same old course viz. from a certain Crosse belonging to the Hospital of infirm people at Rumenale standing by Aghenepend unto Effetone and from Effetone to the house of William le Byll and so to Melepend and thence descending unto the said Port so that a Sluse be made under the Town of Apeltre for reception of the Salt-water entring into the said River by the inundation of the Sea from the parts of Winchelsea and for retaining thereof in it's passage and recourse to the Sea to the intent that the same water might come together with the fresh water of that River by the antient course into the before specified new course and so by that passage directly to descend and fall into the said Haven And that another Sluse should be made at Sneregaâ—e and a third neer to the said Port where that water might descend into the Sea for restraint only of the Sea-tide on that part that it enter not into the said course but reserving the antient and oblique course from the said Crosse to the before specified Haven The King therefore providently desiring the common profit and safe-guard of the said Port by his Precept dated at Oxford the xxith of Iune commanded the said Nicholas that he should repair in his proper person upon a certain day assigned unto those parts together with the Shireeve of Kent unto whom the said King had thereupon sent his Writ and by the Oaths of xxiiii aswel Knights as other free and lawful men of the neighbourhood by whom the truth might be the better known to make estimation how much of other mens lands would be necessary to be taken for the making of the said new Chanel and Sluses and what those lands were worth by the year and to make speedy assignation to the Tenants of those lands to the value of the same lands or more out of the lands or mony of the Barons and honest men of the said Port as also to remove the said obstructions in the old Chanel and to make the said new Chanel and Sluses in the lands of whomsoever it should be requisite for the common benefit and advantage of the said Port and Town of Rumenale as aforesaid And the said Shireeve of Kent was likewise commanded that he should diligently assist and attend the before specified Nicholas in this businesse and to cause the said xxiiii Knights and others of the neighbourhood as aforesaid to be before the said Nicholas at the same day and place But notwithstanding those Ordinances so made by the said Henry de Bathe for the defence and preservation of this Marsh and taking distresses for that purpose And also notwithstanding the former Precepts from the King to the Shireeve of Kent forbidding him to intermeddle at all with any more distresses so taken as I have at large already shewed it appears that the Shireeve did again make Replevin of some distresses taken by virtue of those Ordinances For in 43 H. 3. I find that the King issued out another Writ
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
every one of the xxiiij Iurats shall swear that he will together with his fellows â—ustly make all Iudgements and Decrees not favouring rich or poor either in making distresses or in what concerns the Banks Land-eas Water-gangs Sewers Ditches and Gutters or the removing of Bridges and other impediments whatsoever within the precinct of the said Marsh and punishing of Trespassers And that they be observant to the Bayliff of the said Marsh for the valuing and selling of the distresses taken and impounded for three dayes or more in the places accustomed And that they cause all the Iudgements and Decrees by them made to be enrolled and thereof an Indenture to be made betwixt them and the men of the said Marsh for the time being 9. Likewise the Collectors and Expenditors chosen as aforesaid shall swear that they will faithfully levy collect disburse and make accompt of all the Taxes and Assessments made by the Lords Bayliff and xxiiij Iurats or the greater part of them And the same course shall be observed in all the Water-gangs within the precinct of the said Marsh and before every of the Lords of the Towns if they will be present thereat 10. Also the Bayliff shall swear that he will make faithful execution of the Iudgements and Decrees of the before-specified xxiiij Iurats and of those things which do pertain to them to judge and determine ofâ— As also that in his proper person he will chardge upon all the Collectors and Expenditors by Oath that they shall faithfully levy collect disburse and accompt for aswel all general Taxes as several Water-gangs so assessed as abovesaid And that he will in person take view of all the Banks Land-eas Water-gangs Sewers Gutters and Bridges when need shall require at least twice in the year viz. once in the month of January and afterwards in the moneth of June And that he will deliver unto his successor all the evidences which he hath in his custody aswell the Charters of the Kings of England concerning the Liberties and Customes of the said Marsh as the Roules of Iudgements Decrees and Awards made by the said xxiiij Iuratsâ— with every processe of accompts of the Collectors and Expenditors whatsoever done in their times And the Clerk of the said Bayliff shall have for his Fee from the Commonality of the said Marsh vis. viijd. 11. Moreover it shall not be lawfull for any man thenceforth to make any Dams or Fords or other impediments in any Land-eas Water-gangs Ditches or common Water-courses in the said Marsh whereby the right course of the waters may in any sort be hindred And if they shall so do and testimony given thereof by the Baylik and six of the Iurats or the Commonality of the Water-course where such danger shall be made he shall be forthwith amerc'd according to the proportion of his offence by the said Bayliff and xxiiij Iurats which amercement to be likewise forthwith levyed to the common benefit as aforesaid And neverthelesse if any other than the Commonality shall receive damage by that means and that proof be made thereof by the testimony of the Bayliff and six Iurats satisfaction shall be made to him for the same 12. Likewise they did ordain and appoint that every Tax assessed in the said Marsh should be proclaimed in certain publick places and a day of payment thereupon assigned And this Proclamation to be so made that no man might plead ignorance as to the time and place he ought to pay it at 13. And they did farther ordain and decree that every Acre for the Banks in Ditches and Water-gangs be bought for xls. and that it shall not be lawful for any man to draw away any workmen being in the publick work for his own private imployment nor to take them to any other place till that work be perfected And if any man shall be found faulty therein by the testimony of the Bayliff or Iurats in the common Last he shall be amerc'd in xs. to be forthwith levyed by the said Bayliff to the common benefit as abovesaid 14. Also they ordained and decreed that all the Water-â—ourses within the said Mash by whatsoever Lands and Tenements in each Chanel be so kept that the water shall not run out of it's right course to the damage of any man upon penalty of the value thereof to be levyed by the said Bayliff for the behoof of the Commonalty when any shall be found guilty thereof in the common Last by the testimony of the Bayliff and six Iurats 15. And because of antient time it was appointed by the King that all the maritime Lands from the Isle of Thanet unto Pevenese aswell in the County of Kent as County of Sussex should be governed by the Laws Ordinances Statutes and Customes of the said Marsh of Romene it shall be lawful to the said Bayliff and xxiiij Iurats to require and have his reasonable chardges of those which shall have a mind to bring them to the places be they Lords or of the Commonalty where they ought to make their Ordinance according to the maritime Law aswell in the Banks as Water-gangs Gutters Sewers and Fishings and other things whatsoever touching that Law 16. And Lastly they ordained and decreed that if any person should make a rescue from the Bayliff of the Marsh or his Officers of any distresse whatsoever taken by any of them by virtue of the before-specified Articles or any Ordinance made or to be made for the benefit of the said Marsh and thereof to be found guilty by the testimony of the said Bayliff and six or eight of the said xxiiij Iurats or of the Water-course where the distresse shall fortune to be taken he shall be amerc'd in xls. to be levyed to the Bayliff for the use of the Commonalty as aforesaid And in the same manner it shall be done in those places where the maritime Law is used within the Isle of Thanet and Pevenese whether in Kent or Suffex After this I have not met with any thing else of this Marsh worthy the observation untill the 43º E. 3. that the before-mentioned Thomas de Lodelowe as also Robert Belknap Iohn Woodhall Roger Dygge William Topclive and William Horne were constituted Commissioners for oversight of the Banks and Ditches therein Nor from that time till 48 E. 3. that William Latymere Constable of Dovor Castle and Warden of the Cinque Ports Thomas Reynes then his Lieutenant Roger Dygge and some others were assigned by the King to view the Banks Water-courses c. thereof lying betwixt the Towns of Hethe and Newendon By which Commission they had power to imprest so many Carpenters and other Labourers as they should deem necessary for the accomplishment of the work in hand wheresoever they could be found within the County of Kent To King Edward the 3d succeeded Richard the 2d in the first year of whose reign it appears that
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
Jurats appointed the said whole Commonalty then and there being that they should make choice of one Bayliff and xij trusty and lawful men viz. six of the Hundred of Eastrie and six of the Hundred of Eornilo having Lands lying in peril of the Sea within the precinct of those Hundreds Who being accordingly chosen did â—orthwith swear that they would faithfully perform all things which on the King's behalf might therein be enjoyned Whereupon the said Commissioners appointed them that they should upon their Oaths justly measure all the Lands aswell of the Lords as Tenants which lay in danger of the Sea within those places And having so done that then the said Jurats should cause the said Banks and Sewers to be made at the common chardge of all those which had Lands in those parts within the compasse of that danger for the safeguard of them from the like peril and defence of the Lands lying so in danger And moreover that they should frequently oversee those Ditches and Sewers and cause them to be kept in repair at the common chardges as aforesaid whensoever need should require And if any of the said xij Jurats should happen to dye or could not attend the care of the said Banks and Sewers that then another of the same Hundred should be forthwith chosen by the rest of the surviving Jurats in each hundred and sworn to perform all the premisses faithfully and diligently together with the said other Jurats According to which Ordinance the said xij Jurats of the before-specified Hundred of Cornylo did then cause all the Acres of Land and Marsh lying in the said Hundred and in the peril of the Sea to be measured the number whereof were as followeth viz. Acres Belonging to the Abbot and Covent of St. Augustines in Canterbury CLiii The Tenants of Scholdone Ciii The Tenants of Northbourne Lxx. The Tenants of Fenglesham Lx. Dionyse de Foulmed Cx. Thomas de Bonyngton xcii Smothemershe contained in it self xlv Mennese of Cornylo contained Liii Collol and Laurence Marscall had one Marsh called Calhill containing iiii The Tenants of Dale CXLvi Brokes of Monyngeham x. The Fee of Scholdone CLv The Prebend of Dale xlii The Chamberlain of S. Augustines of Canterbury xiii The Tenants of Lydene in the whole CCxxxiiii The Prior of Dovor and his Tenants CCCvi The Abbot and Covent of Langedone xliii The Cotiers of Northbourne Lix The total of all the Acres MDC The total of the Assessment xxxvl. viiis. iiijd. In like manner did the same Jurats measure the Lands lying within the the Hundred of Eastrie wherein they found that Acres The Prior and Covent of Christ-church in Canterbury had in the whole CCCCiii The Tenants of Halklyng Lx. The Tenants of Worthe XC Likewise towards Henelyng iii. The Field called Herynglond x. The Field adjoyning to Herynglond on the North xv In one Marsh called Garestoft xxv In the Marsh called Stapynberghe Cviii. In the Marsh called Prestemed xv In the Marsh from Hamme bridge to the curtilage of Iohn Feykyn L. The total of all the Acres DCCLxxix The total of the Assessment xvil. iiiis. viid. Acres Sir Bertram de Trauncrey and his Tenants Lviii Iohn Fitz Bernard xl Nicholas de Sandwyche â—xxxix The Heirs of Simon de Ercheslo L. Thomas Edwards and his Partners at Sanddowne Cxxxiiii The Heirs of Henry de Schenebroke vi The total number of Acres CCCLxxvii The total of the Assessment viil. xviis. id. The total of the Acres in both Hundreds MMDCCCLvii Acres The total of the whole Assessment Lixl. xs. In the same year viz. 17 E. 1. William Barry of Rolvyndenne complaining that whereas one William de Potone in respect of his Lands lying within the Marsh of Neubrok and Rolvyndene neer to the Sea coast betwixt Smalhede and Mayhamme ought to repair and maintain certain Banks Ditches c. for the defence of his Lands and Tenements and of others having lands in that Marsh against the violence and rage of the Sea and that the said William de Potone notwithstanding that himself and his Ancestors had alwayes wont to repair and maintain them did then withdraw himself from so doing the King therefore by his Letters Patents bearing date at Ledes xxi Aug. did constitute Henry de Appeltrefeld Robert de Savauuz and Henry de Ledes his Commissioners to enquire the truth thereof and to make redresse accordingly The next year following upon the like complaint of Osbert de Forshamme Hugh de Herindenne and Eustace de Casinghamme that whereas Iohn Malemeins by reason of his lands in Rolvindenne aforesaid lying neer the Sea coast betwixt Mayhamme and Newindenne ought to repair and maintain certain Banks Ditches c. for the defence of the said Lands and the Lands of others against the force of the Sea he the said Iohn notwithstanding that himself and his Ancestors had usually so repaired them did maliciously neglect so to do by means whereof the said Osbert and others holding Lands in those parts did through the violence of the Sea undergo grievous and intolerable losses the said King by his Patent dated at Kings-Clipston 30 Oct. 18 E. 1. appointed the said Henry de Apletrefeld and Bertram de Tancre his Justiceâ— to enquire and make redresse thereof The like Commission upon the complaint of William de Barry of Rolvyndene against the said Iohn Malemeins who by reason of his lands in the Marsh of Westbroke ought to have repaired certain Banks and Ditches there and neglected so to do was directed to the before-specified Henry and Bertram In the same year 8 Dec. Hugh de Blund Iohn de Dovor and William de Gatecumbe were constituted Commissioners to oversee the Banks Ditches c. lying on the Sea-coast within this County of Kent And the next ensuing year upon a farther complaint made by the before-specified Osbert de Hamme and others against the said Iohn Malemeyns for his neglect to repair the Banks and Ditches betwixt Mayhamme and Newindenne formerly mentioned the said King by his letters Patents dated at Asherugge associated Wil. de Gaselhamme to the said Henry and Bertram to make a new enquiry thereof In 20 E. 1. the King being informed that Richard Ferynge Parson of the Church of Lymene having by reason of his Lands and Tenements belonging to his said Church at his own proper costs repaired and was still ready so to do a certain Bank at Westhethe situate neer the Sea-coast as often as need required and that therefore he ought not to contribute to the repair of any other Banks forasmuch as neither himself nor his Predecessors Parsons of that Church had ever been accustomed so to do And that neverthelesse Iohn de Chert Bayliff of Romenhale Marsh and the xxiiij Jurats of the said Marsh had newly distrained him together with others of those parts for the repair of the Banks and Ditches neer the Sea-â—oast at Appeldere the said King herefore not willing that the said Parâ—on should suffer wrong therein granted
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
in East-Kent In 20 E. 2. the Prior of Bilsyntone representing to the King that whereas Iohn Maunsell the founder of that Monastery had given to the Canons of that House and their Successors the Mannour of Over Bilsyngtone with the appurtenances whereunto a certain salt Marsh situate in Lyde neer Romenale containing Lx Acres did belong which both at the time of the said grant and since had been alwayes drowned by the flowings of the Sea humbly petitioned that he would please to grant license for the drayning thereof and that it might be reduced to culture by the defence of Banks according to the Marish Law Whereupon the said King issued forth a Writ of Ad quod dampnum to his Escaetor for this County commanding him to enquire whether the same might be effected without prejudice to himself or others Upon which enquiry the Jury certified upon their Oaths that it might and that the said Marsh contained of it self CCxl perches in length and xl perches in bredth and that it was of no value before the drayning and banking thereof but that being so banked and drayned it might be yearly worth xxxs every Acre prized at vid. In 2 E. 3. upon complaint made to the King on the behalf of those that held lands of the Archbishop of Canterbury lying within the Isle of Tanet Gravene and Harnhull shewing that whereas divers Banks Ditches and Sewers during the time that the Temporalities of the said Archbishoprick by the vacancy thereof remained in the said King's hands were decayed and worn down by the violence of the Sea which Banks c. the Archbishops of that See had used to repair the said King directing his Commission to the Guardians of the Temporalties of the said Archishoprick commanded them by an Inquisition to be taken thereupon and such other wayes and means as should be most expedient to enquire whether he ought to repair those Banks by reason of the said Temporalties at that time in his hands By virtue of which Precept Iohn de Ifelde and other the Commmissioners for that purpose came to Gravene and Harnhull to view the said Banks and called before them upon Tuesday next after the Feast of the Ascension in the year abovesaid xij honest and lawful men who were Tenants of the same Archbishoprick in those parts and finding divers of the said Banks very ruinous and almost totally broken down made enquiry by Iohn atte Fayrebroke and other his Fellow Jurors touching that matter Who upon their Oaths then certified that in the 17 year of K. Edward the second 's reign there were in the said Towns of Gravene and Harnhull DL Acres of Marsh lying in North-mershe aud Denle in the Demesne and Fee of the before-specified Archbishop and divers men of those parts Of which the portion belonging to the said Archbishop was CLxiii Acres and a half of Marsh which by the flowing of the Sea-tides had wont to be drowned for prevention whereof by the consent and good liking of Walter then Archbishop of Canterbury and his Tenants thereâ— and all other persons of those parts who were Tenants of those Marshes in the moneth of Iune in the before-specified year there was a Bank made containing in length CCCxx Perches and in bredth two Perches by which the said Marshes were included and defended Which Bank continued untill the Friday next after the Feast of St. Vincent in the first year of the said King Edward the third On which day it suddainly hapned through the violence of the winds and raging of the Sea that a piece of the said Bank of North-mersh containing Cxx Perches was vâ—ry much broken and almost quite destroyed And they farther said that there was within the said Town of Gravene in a place called Clyvesmersh part of a Bank containing xvij perches by which xxviii Acres of Marsh of the Demesnes of the Archbishop of Canterbury were defended which Bank through the said tempestuousnesse of the Sea was beaten down being then in the Kings hands by reason of the said vacancy of the Archbishoprick And that if speedy remedy were not had for the repair of those Banks both the said Marshes would be in danger to be drowned And they said moreover that the decay in the said Bank of the North-mersh could scarce be made good for xxijl xvijs viijd For the raising of which summ for that repair the said Jurats assessed every Acre of the said DL Acres of Marsh at ten pence whereof the portion for the Archbishops Demesâ—e came to vil xvis iijd And they likewise said that the before-mentioned part of the Bank at Clyvemershe containing xvij perches might be repaired for two Marks and a half And that though they had received command that they should take care that no more damage for want of these repairs should happen to those parts in respect of what concerned the said King they had neverthelesse forborn to be at any cost therein untill they should receive farther signification of his royal pleasure And lastly as to the Banks in the Isle of Thanet that they found them all in good repair In 11 E. 3. upon a Writ of Ad quod dampnum the Jury certified that it would not be prejudicial to the King or any other if license were given to Iohn then Archbishop of Canterbury and to the Prior of Christs-Church in Canterbury to suffer an antient Trench leading from an arm of the Sea called Apâ—ldre towards the town of Romeney which passed through the proper soyl of the said Archbishop and Prior and which was then newly so obstructed by the Sea-sands that Ships could not passe thereby to the said town of Romeney as they had used to be wholly stopped up and filled so that they the said Archbishop and Prior might make their benefit thereof as they thought fit in regard that there then was a certain other Trench leading from the said arm unto Romeney lately made by the force of the Sea by which Ships and Boats might passe without impediment to the said town as they had wont to do by the other before it was so filled up And they said moreover that the said antient Trench was the proper soyl of the before-specified Archbishop Prior and Margaret de Basinges and that it had been obstructed in such a sort by the space of xxx years and more then last past by the Silt and Sea-sands as that Ships could not conveniently passe that way And that the new Trench was more proper and sufficient whilst it was open than the said old one for the passage of Ships to Romeney above-mentioned and did so remain at that time And moreover that the same new Trench was the soyl of the said Archbishop Prior and Covent Margaret de Basynges and the Abbot of Robertsâ—rigge And lastly that the said old Trench contained in length viiC perches and in bredth x. And the new one vC perches in length and in bredth xx In 14 E. 3. Henry de Bradwey Will.
de Langley and Thomas St. Nocholas were constituted Commissioners for viewing and repairing the Banks and Ditches in certain Marshes lying betwixt the Towns of Sesalter Gravene and Hornehill and others adjoyning thereto So also were William de Scotheni Will. de Cotes and Stephan de la Dane for the like Banks Ditches c. lying on the Sea-coast in East-Kent In 25 E. 3. Iohn de Cobham Otto de Grandison Will. Waure and Stephan de Horsham had the like Commission for those betwixt Bigpole and Estflet in this County So also had Sir Robert de Cheyne Knight Will. de Stavere and Iohn de Broke for the Banks c. lying betwixt Newenton and Dovor In 31 E. 3. Thomas de Lodelawe VVill. de Halden and Robert Bilknappe were appointed to take view of the Banks c. in the Marshes of Tenham Lodenham Stone Ore and Faversham in this County much broken by the violence of the tides and to provide for their repair In 27 E. 3. Robert de Herle VVill. de Haldene and Stephan Donet had Commission to take view of all the Banks c. in the Isles of Shepeye and Thanet as also in the parts of Gravene Harnhull Sesaltre Gunneston Chistelet Recolvre and Leyden neer Sandwich and likewise in the Marshes of Tenham Lodenham Stone Ore and Faversham in this County of Kent and to determine all things touching their repair according to the Custome of the Marsh Lands formerly used in this County And the next year following Robert de Belknap and Thomas de VValton Clerk were appointed to do the like in the Marshes of Tenham and other adjacent places In 39 E. 3. the King being informed that the Sea had more than formerly overflowed the Lands Marshes and other Tenements extending from a certain place called the Clivesende within the Isle of Tanet unto the Town of Stonore which contained in compasse two miles whereby in a short time the hurt and damage done thereto was such as that it was almost destroyed And that within a few dayes except some help were had to resist those violent overflowings all the low grounds adjoyning to the Sea and Arms thereof within the Hundreds of Ryvesko Wyngham Prestone and Dounhamford to an inestimable damage would be overwhelmed he assigned Raphe Spigurnell then Constable of Dovor Castle Iohn Cobham Robert Belknap and others to enquire and determine thereof according to the Law and Custome of this his Realm And in 41 E. 3. Iohn Flemmyng Parson of the Church of Whitstaple Iohn de Feversham and Will. Tidecombe were constituted Commissioners to view the Banks Ditches c. lying betwixt Swalclif and Graveney In 43 E. 3. Iohn de Coâ—ham Robert de Belknap Will. de Horne Simon de Kegworth and Thomas de Garwynton were appointed to cause all the coasts of the Isle of Thanet where Shfps or Boats might land to be fortified with Banks and Ditches if they were capable thereof In 47 E. 3. the said Robert Belknap with Roger de Asheburnham Will. de Toppeclyve and Thomas de Harcheregge were assigned to view all the Banks c. betwixt Hetecrone and Ealdyng as also between Patyndennesmel and Elherst in this County of Kent and to do what should be requisite concerning them according to the Law and Custome of this Realm In the same year also was such an assignation to Sir Thomas de Lodelowe Knight Will. Horne and Thomas de Shardelowe touching the Banks c. betwixt Pekesende and the Marsh of Lesnes In 48 E. 3. Roger Digge Will. Tydecombe Nicholas Heryng and others had the like Commission for the Banks in Harnhull marsh betwixt Whitstaple and Faversham So also had Robert Bealknappe Roger Dygge Will. Hornâ— and others for those betwixt Gravesend and Shepeye and thence to Reculâ—re and so to Sandwiche Dovor Romeneye Promhelle and Newendenne The next year following Robert Beleknap Thomas Reynes Lieutenant of Dovor Castle and Warden of the Cinque Ports with Roger Dygge and others were in like manner appointed for those Banks c. upon the Sea-coast extending from the Town of Hethe to Romeneye and thence to Promhull and Apuldre So also were Nich. Heryng VVill. Symme Richard de Blore and others for those in the King's Marshes of Slayhill Werkeworthe Greneberghe Daundeleye and North mersh in the Isle of Shepeye And Sir Iohn de Cobham Knight Iohn de Sudbury VVill. Toppeclive and others for the Banks c. in the Marsh called Court broke in the Isle of Oxene to do therein as to Justice should belong according to the Law and Custome of this Realm In 50 E. 3. Thomas de Garwynton Will. Makenhad Stephan Bittyngham with some others were constituted Commissioners for the view of those Banks c. situate in the Marsh of Harnhull betwixt Whitstaple and Faversham And Nicholas Heryng Iohn Godewot VVill. Symme of Uppechirche and others for those in Motteneye marsh at the Mannouâ— called Quenescourte in this County and to proceed in both these according to the Law and Custome of this Realm In 1 R. 2. the before-specified Thomas Garwynton VVill. Makenhede Stephan Bettenham and Richard Sandre had the like appointment for those Banks c. in the said Marsh of Harnhull betwixt Whitstaple and Faversham So also had VVill. Horne Stephan Bettenham and Iohn Fraunceys for those in the Marshes of Ebbenesorok and Sharlee In 3 R. 2. Robert Bealknap Iohn Barry VVill. Horne VVill. Makenade Stephan Betenham Stephen Pestenden and Iohn Brode being constituted Commissioners for view of the Banks c. in the Parishes of Stone Witresham Appuldore and Snergate in this County as also of Idenne in Suffer had command to proceed in the repair of them according to the Custome of the Marsh and Law and Custome of this Realm And in the same year the said Rob. Bealknap VVill. Horne with Nich. Heryng Thomas Shardelowe VVill. Makenade and VVill. Ellys had the like Commission for the view and repair of those Banks c. lying betwixt Pekesmere and Stonore neer Sandwiche and to do therein what should be consonant to Justice according to the Law and Custome of the Marsh aforesaid So also had VVill. Topclyf VVill. Makenade and Iohn Fraunceys for those in the Marsh of Harnhull betwixt Whitstaple and Faversham The next year following the said Robert de Bealknap VVill. Topclyf VVill. Makenade Iohn Roper Thomas Chiche and VVill. Brenchele had the like appointment for those betwixt Feversham and Muston And in 5 R. 2. Rob. de Ashton Robert Bealknap Arnald Sauvage Thomas Garwynton VVill. Symme and Elyas Reyner for those in the Marsh of Ore within the Hundred of Middleton and to determine of all things therein according to the Custome of Romeney marsh to that time reasonably used In 9 R. 2. Simon de Burley Constable of Dovor Castle and Warden of the Cinque Ports Sir Thomas
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
in form aforesaid as long as it should be meet so to be done for the safeguard defence aforesaid And that for every acre of the common measure xls. as aforesaid be paid to the Tenant of the said land where the same Bank Forland or in-ditch was so placed And if it should happen so hereafter that there were any other defence on the out-side the said Bank and Forland by the casting up of the Sea or otherwise to be made for the avoiding the danger of the Sea so that thenceforth there were no need of maintaining any such Bank Forland or in-ditch nor longer keeping thereof in form aforesaid it should then be lawful for the said Land-holder and his Heirs to repossesse his said Land again and use it as he pleased paying to the Bayliffs aforesaid for the publick commodity asmuch as ought to be paid to the said Tenant for the same Land in form aforesaid And in like manner to be done concerning the Land upon which or where any Bank Forland or in-ditch by virtue of the Statutes and Ordinances aforesaid within those limits should happen to be made in form aforesaid to be avoided And that it should not be lawful for any man to take away to his own peculiar work or any other place any workmen imployed in the publick work for the safeguard of the said Lands and Marshes except before excepted before such time as the said publick work were compleated And if it hapned that any person were convicted hereupon by the testimony of the said Bayliffs and six of the said Iurats that he be amerced in the common Last in x s which money to be levyed forthwith by the said Bayliffs to the common utility aforesaid Likewise it was decreed and ordained that all the Sewers in the said Lands and Marshes within the limits aforesaid except before excepted should be so kept in every place that the water might not run out of it's right course there to the damage of any one upon penalty of the quantity of the offence to be levyed by the said Bayliffs to the common benefit as often as any one should in the principal and general Last be convicted thereof by the testimony of the said Bayliffs and six of the said xxiiij Iurats And it was also decreed and ordained that the Bayliffs Iurats Collectors and Expenditors of the said Lands and Marshes within the before-specified limits except before excepted should for the time being do and execute and have full authority and power of doing and executing within the said Lands and Marshes except before excepted viz. in the premisses and all other things for the continuall conservation defence and safe custody of those Lands and Marshes except before excepted and of the said Banks and other things fit and profitable for the defence safeguard and custody thereof viz. in making orders and doing other things in the Lasts aforesaid in laying of Taxes and Lots and the taxing and levying of them their Wanes and double taking of distresses detaining prizing and selling thereof choice and removal of all Officers as also of imposing of penalties and punishments and of all other things necessary and profitable for the safeguard and defence of the said Lands Marshes and Banks except before excepted and of all other things proper for those safeguards and defences viz. according to the form of the Ordinances and Statutes aforesaid and in such sort as according to the form of the before-mentioned Statutes Ordinances and Customes of the said Romeney marsh and the Concessions for the preservation defence and safe custody of the said Marsh of Romeney had used there to be done no Custome by any person formerly introduced notwithstanding Provided alwayes that if hereafter at any principal and general Last within the limits aforesaid in form aforesaid it should seem more expedient to the Lords of the Fees within those limits except before excepted for the time being or the greater part of the Lords of the Fees to have one Bayliff than two of and in the said Lands and Marshes except before excepted to do and exercise all things there according to the form and effect of the Oath and chardge of the Bayliffs above specified that then it should be performed in that behalf as it should happen to be ordained and decreed by the said Lords of the Fees or the major part of them And in like sort if thenceforth it should seem more expedient to the said Lords of the Fees or the greater part of them and to the said Iurats or the major part of them to have fewer Iurats than xxiiij or one Collector and not two or one Expenditor and not two of and in the Lands and Marshes within the limits aforesaid except before excepted to do exercise and perform in the premisses according to the form and effect in the Oaths of the said Iurats Collectors and Expenditors specified that then thereupon it should be so done on that behalf in such sort by the said Lords of the Fees or the major part of them and the said Iurats or the major part of them as should happen to be ordained done or decreed any thing in the premisses notwithstanding The Penalty of making rescue from the Bayliffs xxiiij Jurats or any of the Officers aforesaid It was likewise decreed and ordayned that if any person should make rescue or give resistance to any such Bayliff Iurat Collector or Expenditor of any distresses whatsoever taken or to be taken or any other things to be done or executed by them or any of them through pretext of the Ordinances and Statutes aforesaid or any of the premisses and that thereupon the party were convicted by the testimony of the said Bayliff and six or eight of the said Iurats or Dike-Reeves where any such distress should happen to be taken he should be punished by an amerciament of xs. of his goods and Catalls Lands and Tenements by the Bayliffs aforesaid to be levyed for the common profit aforesaid And it was farther decreed and ordayned that no Shireeve nor any of the King's Officers should make Replevin of any distresses taken by the Bayliffs of the said Lands and Marshes within the limits aforesaid except before excepted which should be for that time for any thing contained in the said Statutes and Ordinances taken or to be taken nor any of the said King's Officers to arrest any one within those limits except before excepted being then in the publick work And lastly it was decreed and ordained that if and when any Tax should be assessed by the said Iurats ten or eight of them in any principal special or several Last within the limits aforesaid except before excepted by reason of the premisses and proclamed in form aforesaid and that at the day and place of payment thereupon limitted and assigned any part of the said Tax were unpaid to the said Collectors that then the said Bayliffs for the time being should lay out of their own proper moneys so much
as the part so being in arear called Wanys might amount unto for the common profit aforesaid And the said Bayliffs aswell for the said parcell so in arear called Wanys as for the double thereof to distrain in all the Lands and Tenements of him or them who ought to pay the same by all their goods and Catalls and the distresses so taken to keep for three days or more And if the said part so being in arear called UUanys together with the double thereof should not be paid within the said three days that then the goods and Catalls so distrained by two or one of the Iurats aforesaid to be sold in some place within the said limits except before excepted thereunto assigned and the said part so in arear called UUanys together with the double thereof out of the money arising of the said goods and Catalls so sold to be delivered to the same Bayliffs to their own use And having now done with these Laws and Ordinances for those Marshes before-specified I shall say no more concerning this part of Kent but that in 19 E. 4. the King by his Letters Patents dated at Oburne 17º Iunii directed to Thomas Archbishop of Canterbury Cardinal of England Will. Prior of Christ-Church in Canterbury Richard Prior of Hortone Robert Prior of Bilsyngtone William Master of God's house in Dovor Sir Iohn Fogge Sir William Haute Sir Iohn Scotte Knights Will. Cheyne Iohn Broomston Hen. Hoorne Gervase Hoorne Iohn Fyneux Vincent Fynche Rog. Brent Wil. Brent Iohn Nethersole constituted them Commissioners for the view and repair of the Banks c. from Appuldoure to Cawmbury and from Cawmbury to Fulstone then ruinous by the violence of the Sea and to make Laws and Ordinances for the same according to the Laws and Customes of Romeney marsh And lastly to take so many Diggers and other Labourers to be imployed therein upon competent salaryes as should be thought requisite in respect of the urgent and instant necessity of the work CAP. XIII I Now come to the remanent Marshes in this County which are those that border on the River Thameo Concerning which the first mention that I find is in 8 E. 2. Iohn Abel and Iohn de Hortone being then by the Kings Letters Patents dated the 10th of April at Wyndsore constituted Commissioners for to view and take order for the repair of the Banks Ditches c. for the safeguard of those from the overflowing of the Tide which lye betwixt Dertford Flete and Grenewich And not long after this for it was in February ensuing Iohn de Ifeld Iohn de Hortone and Will. de Northo had the like Commission for the very same Marshes In 13 E. 2. Iohn de Evredon and Iohn Abell were also appointed to view the broken Banks betwixt Grenewich and London-Bridge and to apply speedy remedy for their repair In 15 E. 2. Robert de Bardelby Will. de Leicestre Iohn de Merton and Robert de Kellesteye had the like assignation for the view of a certain breach then newly made in the Bank betwixt Grenewiche and Wolwiche by the violence of the Tides and to provide for the suddain repair thereof And the next year following Robert de Ashele and Robert de Swaleclyve were made Commissioners for the view and repair of those about Grenewiche and the parts adjacent In 17 E. 2. there hapning anoâ—her breach betwixt Grenewiche and Wolwiche Robert de Bardelly Will. de Leycestre Robert de Kellesey and Iohn de Merton were appointed to view the same and to distrain all those persons through whose default it had hapned to the making good thereof Farther enjoyning them that if they should find the persons through whose neglect it came not able to repair it so speedily as that the damage and peril which would be occasioned thereby might be prevented that then they should distrain all those which had Lands and Tenements in those parts who might have safeguard by the making up of that breach to the end that they should contribute thereto Within two yâ—ars after the King being informed of another breach in the Bank above Grenewiche towards Bermondseye which through the violence of the frequent tides and neglect of some persons who were obliged in respect of their lands in the adjacent Marshes to have made good upon all occasions had then newly hapned to the great damage of all those that had lands there did assign Adam de Brom William de Leycestre Laurence de Rustyngton and Robert de Kelleseye or any three or two of them to veiw the said breach and all other defects in those Banks which by reason of the flouds had hapned and to enquire by the Oathes of honest and lawfull men of this County upon whose land the said breach first began and through whose default and who ought to repair and maintain the said Banks as also how and in what sort and likewise what other persons had Lands Tenements or Common of Pasture in those Marshes and had or might have defence and safeguard by the said Banks in any sort And moreover with the Bayliffs of the Liberties to distrain all those through whose default that breach had so hapned and who were obliged to the repair and maintenance of that Bank according to such a proportion as might be sufficient to make good the said breach with all possible speed And if it should so fall out that those persons so lyable to the repair thereof were not able to perfect the work with that haste as the case required that then for the avoyding of greater damage and mischief to compell all such persons who had or might have loss thereby to contribute thereto for that present time every one according to the proportion of what he held as well in Common of Pasture as Land not favouring rich or poor therein And to levy the money upon those who were obliged to the said repair so as restitution might be made to those who had contributed thereto being not obliged with all speed that could be After this divers years viz. in 10 E. 3. I find that Henry de Secheford Reginald del Dyk and Iohn de Heyton were appointed Commissioners to take view of a certain Sewer called Erlesthron neer Grenewich and to repair the Sluces thereof where need should be And in 27 E. 3. Otto de Grandisone Thomas de Lodelowe Simon de Kegworth and Will. de Roderham were assigned to take view and make enquiry touching certain breaches in the Banks and Marshes of Dertford Erde and Stone and of the stopping of the Gutters and Sewers there forasmuch as by that obstruction the Corn sowed in those Marshes as also the Meadows and Pasture grounds thereof became often drowned by the Tides And to use some speedy remedy for the same In that year likewise Will. Vaghan Richard de Birton Thomas de Ludlowe Iohn de Dielleston and Simon de Lee were appointed to oversee
half of all the said grounds so to be inned according to the purport and true meaning of the said recited Indenture the other moytie to belong to the owners of the said Marsh grounds according to the several proportion of their quantities which they then had in those grounds to be holden of Edmund Cooke Esquire his heirs and assigns as of his Mannoâ—r of Lesnes and Fants in free Socage by fealty and one penny Rent for every Acre and not in chief nor by Knights service And that in consideration of the great chardge of this work the said inned Marshes to be dischardged from all Tithes and Tenths whatsoever for and during the term of seven years next after the inning winning and fencing of the same CAP. XIV AND now though by what hath yet been instanced touching the improvements made by Banking and Drayning upon the Verge of this River the first Commissions which I have vouched bear not date above three hundred and fifty years since yet do I make no question but that this good Husbandry was far more antient for notwithstanding the like Commissions for the defence and safeguard of the other Marshes situate higher upon this stream whereof I shall give instance by and by are not much elder it will by great circumstances be evident that some of these Banks are not of lesse antiquity than the time of the Romans here in Britaine otherwise how could that antient Borough of Suthwarke have been built the ground whereon it stands being at first naturally flat and low and within the power of the usual tides as the adjoyning Marshes still would be were not they defended by the like Banks though now by reason of the vast buildings there which do stand upon artificial ground it being in the nature of a Suburb to that great and antient City of London there be little notice taken that it hath been so raised where besides divers Roman coynes that are still frequently digg'd up I my self in the year 1658 saw in those fields on the backside of Winchâ—ster house called Suthwark Parkâ— upon the sinking of divers Cellers for some new buildings at about two foot below the present levell of the ground a Roman pavement made of Bricks not above an inch and an half square and adjoyning to it a more curious piece of the like small bricks in length about ten foot and in bredth five wrought in various colours and in the midst thereof betwixt certain borders in the fashion of wreathed columns the form of a Serpent very lively exprest in that kind of Mosaique work I now come to the Commissions The first whereof our publick Records do take notice is in 23 E. 1. which was directed to Iohn de Metingham and Will. de Carleton for the view and repair of the Banks c. betwixt Lambehethe and Grenewiche After this about three years through the neglect of those who ought to have maintained the Banks neer Retherhithe the breaches thereof were such as that a great part of those Marshes became drowned Whereupon the King committed the managing of their repair to his trusty and beloved Will Haward soon after one of the Justices of his Court of Common Pleas to whom he assigned a certain summ of mony for that purpose which not being sufficient for the accomplishment of the work though he the said William even beyond his abilities added thereto of his own purse the said King by the advice of his Counsail ordained that all those Lands which through the before-specified neglect were thus overflown and drowned should be seized into his own hands and committed to some such honest and trusty person as would be willing to take upon him the chardge of the said repair and new making of the said Bank to have and enjoy by an extent to be made thereof untill he should reimburse himself out of the profits of the said Lands to the full of whatsoever he might lay out upon that work In 2 E. 2. Iohn de Foxle Walter de Gloucestre with some others were assigned to take view of a certain breach of a Bank neer Bermundsey and to provide for the repair thereof In the same year it hapned that by reason of the said breach the Prior and Covent of Bermondsey received great losse by the drowning of certain grounds belonging to that House the King therefore at the request of Isabell his Queen granted this favour to the said Prior and Covent that nothing of the Corn Hay or any the Good or Catalls belonging to the said Priory should be taken to the use of the King or any other without the assent of them the said Prior and Covent The like breach also hapning in the Banks of the Marshes in Suthwarke which not long before pertained to the Knights Templars but then were in the King's hands he being advertised thereof directed his Precept bearing date at Barwick upon Twede 23º Maii 4 E. 2. unto William de Montalt at that time Guardian of those Lands commanding him that out of the profits of them he should cause them to be speedily repaired And in 9 E. 2. Richard de Repham and Edmund de Passele were constituted Commissioners for the view and repair of the Banks c. betwixt London bridge and the Mannour called Fauxes-Halle as also of a certain Bank in the Land of the Bishop of Winchester in Suthwerke which having been antiently made for the safeguard thereof was then ruinous and broken And likewise of certain Ditches whereby the fresh waters had formerly used to descend into the Thames which were then choak'd up And to distrain all such persons for the repait of the said Banks and Ditches who in respect of any lands that they held or otherwise were obliged thereto In 13 E. 2. upon an Inquisition taken before Iohn de Everdon and Geffrey de Hertelpole then the Kings Justices assigned to enquire of the defects in repair of those Banks which were situate betwixt London bridge and Grenewiche the Jury presented upon their Oaths that part of a Bank at Retherhethe containing thirteen perches in length was then broken and that Sir Iohn Latimer Knight in respect of a certain messuage that he had there was and had been chardged with the repair thereof time out of mind It was likewise presented that at a place there called Milnewardstrete there was a Gutter called Mouse goter so obstructed that the water which had used and ought to passe through it into the Thames was stopped and that one Richard le Chaundeler was obliged by right to clense and scowr the same by reason of his Lands there And moreover that there was another Gutter in the Land lately belonging to Richard de Dunle so stopped likewise the clensing whereof belonged to Agnes his widow then Tenant to the said Lands As also that there was another Gutter in the grounds whereof Richard de Ashwy had been lately possessed which Gutter being then likewise
choakâ— up did endanger the drowning the adjacent Marshes and that the clensing thereof pertained to the heirs of the said Richard And lastly that there was a certain Sewer called Ozflete pasâ—ing from the water of S. Thomas unto the Thames stopt up also for want of clensing to the great annoyance of the Lands of Iohn Capsho and Robert Allard which Sewer ought to have been scoured by the said Iohn and Robert It was therefore ordained by the before-specified Justices that the said Sir Iohn le Latimer and the rest of the persons so presented as aforesaid should be distrained to make good the several repairs above-mentioned so belonging unto them In 26 E. 3. Will. Thorpe Iames Hâ—fee and Will. de Fifhide were appointed 〈◊〉 view and repair the Banks aâ—â—he Stewes and in other places adjaâ—â—â—â—â— by the breach whereof divers groundâ— and meadows lay then totally drowned And in 37 E. 3. Edmund Chelreye Thomas Morice and Michael Skillyng had the like appointment for those Banks neer the said Stewes which were opposite to the Mannour House of Iohn de Moâ—bray Before which Commissioners divers presentments were then made touching those Banks and Sewers neer the same Stewes where divers persons being found faulty paid fines to the King others acknowleged that they ought to repair them by the perch and others had made good what belonged to them to do whereof the Prior of S. Iohns of Ierusalem was one who had two Mills there and other lands to the value of xl per annum The like was certified of Sir Iohn de Moubray Knight and Elizabeth his wife daughter and heir of Iohn de Segrave In 42 E. 3. Iohn Lovekin Will. Taâ—ke Will. de Neudigate anâ— othâ—rs had the like assignation for the Banks c. extending from a place called Dâ—nielissewalle in this County of Surrey to Roddisâ—orne in Kent And in 48 E. 3. Robert Bealknap Will. Halden Roger Dygge and others for the same Banks betwixt Danyeleswalle and the Land of the Prior of S. Marie de Overe and about a medow called Croâ—chemede by which Commiâ—sion â—hâ—y â—ere directed to proceed according to the Law and Custome of this Realm of England In 4 H. 5. Iohn Pâ—eston Sir Iohn Dâ—ayton Knight Thomas Rothewell junior Thowes Drewe Richard Wydeforde and Thomas Coventre were constituted Commissioners for the view and repair of the Banks Ditches c. all along the Verge of the Thames on both sides from Reading to Oxford which were then broken in many places with appointment to proceed therein according to the Law and Custome of England The next year following Iohn Preston Iohn Martyn Iohn Corf Iohn Appulton Robert Skyrne and Nicholas Conyngston had the like Commission for those Banks c. betwixt Depford strond and Bermundsey wherein they were directed to act according to the Custome of â—he Marsh and the Law and Custome of this Realm In 22 H. 6. Sir Iohn Burcestre Knight Ricâ—ard Bamme Richard Comâ—e Will. Oâ—â—urne Adam Lynelord Iohn Martyn Iohn Malton and Will. Kyrton were assigned to view all those Banks on the side of Thames and marshes adjoyning aswell within the Lordships of South Lambehithe North Lambehithe Lambehithe mershe and Parysh-garden as in Southwerk Bermundsey Retherhithe Depford stronde Peckham Hacham Camerwell Stokwell Clopham and Newyngton in the Counties of Surrey and Kent which were at that time broken and in decay and to take order for the repair of them As also to make necessary Laws and Ordinances for the safeguard and preservation of them according to the Laws and Customes of Romeney Marsh And morâ—over to imprâ—st so many Diggers and Labourers to be imployed thâ—rein upon compâ—â—ent salaryes as should be necessary in respâ—ct of the great necessity at that time for the speedy dispatch of that work The like Commission and direction had Iohn Bamburgh Richard Bamme Richard Drax and Philip Leweston in 25 H. 6. for the Banks in the same Lordships and places And in 31 H. 6. Sir Iohn Burcestre Knight Richard Waller Esquire Will. Laken Philip Leweston and others had the like for the view of all the Banks from East-Grenewiche in Kent to Wandesworth in Surrey So also had the said Sir Iohn Burcestre Sir Iohn Cheyne Knights Richard Waller Esquire Will. Laken and others for those betwixt West-Grenewiche and Wandesworth aforesaid viz. to the Sluces callâ—d Harescluse Râ—therhithe Suthwerke Bermondsey Parysgaâ—dyn Lâ—mbehythe Lambehythe mersh Batersey Wandesworth Clopham Pekham and Camberwerwell The like Commission for the same Places and to proceed accordingly had Sir Iohn Bourgchier of Barners Knight Sir Iohn Burcestre Sir Iohn Cheyne Knights and others in 33 H. 6. So also had Sir Raphe Iosselyn Knight Mayor of the City of London Sir Walter Moile Knight Sir Iohn Burcestre Knight Nich. Gaynesford Esquire Iohn Wode and others in 5 E. 4. And likewise Sir Richard Fenys Lord Dacres Iohn Abbot of Bermundsey Henry Prior of S. Marie Overey in Suthwerk Will. Crosse Master of the Hospital of S. Thomas the martyr in Suthwerk and divers others in 14 E. 4. CAP. XV. HAving now done with the Marshes on the South part of Thames I come to those on the North side lying in the Counties of Midlesex and Essex beginning with Middlesex where the first mention I find of any thing in this kind is that in 26 E. 1. Robert de Retford and Henry Spigurnell were assigned to view and repair the Banks and Ditches in Stebbenhethe and the parts adjacent After this viz. on Wednesâ—ay next after the Feast of S. Martin the Bishop in 18 E. 2. there was an inquisition taken at the Hospital of S. Kathrines neer the Tower of London before Will. de Broke and Robert de Kellesey then the Kings Justices for view of the Banks Ditches c. lying betwixt the said Hospital and the Town of Chadewelle and for repair of the same before whom the Jurors did present upon their Oaths that a certain person of antient time Lord of the Mannour of Stebenhethe before-mentioned whose name they knew not did by his industry recover a certain Marsh there containing about an hundred Acres of Land which Marsh was then drowned by the overflowing of the Thames and at the time of the said presentment so made had Banks Ditches c. and did so lye betwixt the said Hospital and Shadwelle but through the want of their repair was then frequently overflowed and in divers places drowned to the great damage of the people in those parts Which Lord of the said Mannour of Stebenhethe did afterwards grant by Charter to certain of his free men xlij acres and a half of Land with the appurtenances severally by parcells to be held by them and their heirs by certain services for ever and to repair and maintain the said Banks Ditches Sewers c. viz. each man upon his own proper ground bordering on the said River of Thames of which xlij
Acres and a half Iohn Gisors Iohn Peyrun and Maude de Cauntebrig held xxxij Acres the Master of the Hospital of S. Thomas the Martyr of Acon in the said City of London ten acres and Walter Crepyn half an acre and that the said Lord of that Mannour dimised the residue of those hundred Acres to the Bondmen of the said Mannour to hold at will and to repair and maintain the Banks Ditches c. aforesaid every man at his own proper costs upon the said Lands so to him demised And they farther said that the said Lord and his Court of Stebenhethe did then decree and ordain by the assent of those his Tenants two men called Wall Reeves to oversee the said Banks c. upon the ebbing and flowing of the Tides and to warn all the Tenants of the said Lands as often as need should require to repair them and likewise to present the defaults in the Court of the said Lord at Stebenheth to the end that the defects might be thereupon amended by the said Lord and his Tenants And that the said Lord ought to have of every such Tenant so in default for the repair aforesaid for every peny three pâ—nce And so to settle the order of defence repair and maintenance of the said Banks c. in time to come and likewise the manner of choâ—sing and constituting the two men aforesaid in the said Court of the Lord to oversee those Ditches c. and to warn the Tenants when need should require from that time forth for ever Which Custome and usage had ever been exercised from that time from time to time by the Tenants of the Lords of that Mannour untill that present day the state and Title of which Lord was then in the Bishop of London And the said Jurors moreover presented that through the default of the Bondmen of the said Bishop who then held the said Lands in Stebenhethe of him the said Bishop in form aforesaid and were so obliged to those repairs but could not perform them the Banks and Ditches were broken and torn and the Lands and Tenements aswell of the Free-holders as others peâ—ilously and with great damage overflowed And it was farther enquired whether any of the said Tenants did ever contribute to the aid of any other Tenant for the repair and maintenance of those Banks c. upon any such breach hapning in former times And it was answered no For they said that every Tenant had wont to repair and sustain all the Banks c. upon his own proper land at his own chardge upon perill which might befall And because that the before-specified Free-holders who were not guilty of the said breach nor the default thereof as by the said inquisition was found whereas they should have had benefit by the repair of those banks as in reason they ought and contrarywise sustained great losse that they might have their action therefore if they saw good And that the said Bishop and his Bondmen through whose neglect those breaches drowning and damages came should be distrained from day to day for the repair and maintenance aforesaid By reason of which Inquisition for that the King was informed that the said Bishop and his Bondmen did refuse to perform those repairs at their proper costs and chardges upon their lands bordering on the before-specified River the Shireeve had command that he should summon the said Bishop to appear in the Court of Kings Bench in the xvmâ— of S. Iohn Baptist to shew if he could why c. who came accordingly and alleged that soon after the said Inquisition was so made all the defects in the Banks upon his and his said Bondmens Lands were by him and them sufficiently amended and repaired and the judgement given upon the same Inquisition â—ully executed and therefore saith that the Lands and Tenements aforesaid were not overflowed and drowned through the default of the Bishop and his Bondmen in not repairing and maintaining the Banks c. aforesaid upon those their Lands But he said that on the Even of the Circumcision of our Lord in the xviith year of the said Kings reign there hapned a mighty floud proceeding from the tempestuousnesse of the Sea which overflowed all the Banks aswell those that were against other mens lands as those against the lands of the same Bishop and his Bondmen and drowned all the said grounds Which floud afterwards in it's retreat to the Sea made a certain ground-breach upon the Land of the said Bishop which could not be repaired by the labour of one Tenant so that every man having any land so overflowed ought to be chardged equally for his proportion towards the repair thereof according to the Custome of the Marsh. And farther said that if all the Land-holders there would joyn together for the repairing and maintaining of the said ground-breach in common he the said Bishop and his Bondmen would be ready for their proportions to assist and contribute thereto And Adam de Fyncham the King's Attorney then said that the said Walls c. were so broken and torn through the default of repair by the said Bishop and his Tenants upon their own grounds that all the before-specified Lands and Tenements were thereby overflowed and in divers places drowned as aforesaid to the great damage and peril of all those Land-holders And that this he was ready to make proof of And the Bishop said as he did before and that if there were any overflowing at all it was occasioned by the said impetuous floud which went over all the said Banks and Ditches and which made that ground-breach before-specified in it's retreat and not by the default of him and his Bondmen aforesaid and desired that this might be enquired of by the County And so likewise did the said Adam then the Kings Attorney Whereupon the Jurors in the said Court of Kings Bench in the xvme of S. Michael and said upon their Oathes that the Banks Ditches c. upon the coast of Thames situate betwixt the said Hospital and the Town of Shadwell were not broken through the default of the Bishop and his bondmen and that the said Lands were not so overflowed and drowned through any defect in repair of them For they said that all the Land was so overflowed by the means of that huge floud before-mentioned occasioned through the vehement tempests from the Sea about the Feast of the Circumcision of our Lord before-specified which ran over all the said Banks and Ditches and which in it's fall to the Sea made the said ground-breach whereby those Lands became afterwards often overflowed and drowned And the said Jurors being asked who ought to repair that ground-breach answered that according to the Custome of those parts every man having any part in the said Land lying betwixt the said Hospital and Shadwell ought and had wont to contribute according to his proportion to the repair and maintenance of such a ground-breach when it should happen And therefore
the Shireeve was commanded to distrain not only the said Bishop and his bondmen but all other persous having Lands between the said Hospital and the Town of Shadwell lying within the before-specified peril for the repair and amendment of the Ditch where the said ground-breach was made by that great floud and likewise to repair the Banks Ditches Sewers and Gutters which by means of that ground-breach were so broken and torn In pursuance of which verdict the said King in the same 18th year of his reign wherein the pleading above-mentioned was assigned Raphe Hereward Robert de Ashele and Iohn de Doure to view the said banks betwixt the before-specified Hospital of S. Katherines and Shadwell and to take order for their repair In the 15th of E. 3. Robert de Sadyngton Thomas de Blaston and Gervase de Wilford had Commission to view and repair the Banks c. on the coast of the said River being within the precincts of Westminster and the parts adjacent betwixt a place call'd the Neyt and Temple-barr in London then broken and in decay by the force of the tides And in 28 E. 3. Will. de Thorpe Will. de Notton Iohn Bray Thomas Ludlowe Will. de Hatton and Thomas Morice had the like Commission for those in the Town of Stebenhethe before mentioned as also upon the River of Lye in the confines of Middlesex and Essex in a certain part of Hakney neer to a Mill called Crachehegge betwixt the said Town of Hakney and the Town of Welcomstowe in Essex In 36 E. 3. Will. de Fyncheden Will. de Wynchingham and others were in like sort assigned for all the Banks c. betwixt the Chapel of S. Katehrine in Middlesex and the Town of Est-Tilbury in Essex So also the next year following were Thomas Morisse Thomas Frowyk and George Fanillore for those banks c. in the Marshes of Stebenhithe Brambeleye and Redclyve and elswhere within the Lordship of the Bishop of London upon the verge of the Thames And in 38 E. 3. Thomas Morice Thomas Frowyk and Iohn Brikclesworth for those in Stebenhithe and Brambeley from the Tower of London to the River of Leye In 41 E. 3. Iohn de Bampton Iohn de Sudbury and Thomas Brette were constituted Commissioners for the view and repair of the banks c. betwixt the before-specified Chapel of S. Katherine and Berkynflete in Essex and to do all things therein according to the Law and Custome of this Realm In 43 E. 3. Thomas de Lodelowe Will. Halden Iohn Sundbie and Iohn Chertsey had the like for all those aswell upon the coast of the River of Leye as of Thames which were in the parish of Stebenhithe So likewise the same year had Solomon Wauter and Nich Cartere for those in the said parish upon the River of Thames only with power to take so many Carpentersâ— and other Labourers as should be necessary for the work upon competent wages In 1 R. 2. Iohn Bampton Will. Rykhill Thomas Aspale and Thomas Mylende had the like Commission for those betwixt Blakewale and the before-mentioned Hospital of S. Katherine In 4 R. 2. Will. Cheyne Helmingus Leget Will. Rykhill and Will Cressewyke for those upon the River of Lye betwixt Stebenhythe and Bramle In 6. R. 2. the Prior of the Hospital of S. Iohns of Ierusalem being questioned for the not clensing of a Ditch neer Mileford for an hundred perches and could not deny but that he ought to do it and therefore the Shireeve of Middlesex was appointed to compell him by distresse for the performance thereof at his own proper chardges In the same year Will. Cheyne Will. Rykhill Iohn Shorediche and Will Cressewyke were appointed to view and repair the banks upon the River of Lye betwixt Stebenhethe and Bramle In 19 R. 2. Will Rykhill Will. Skrene Thomas Cherleton Iohn Shoredyche senior and Iohn Ongham had the like appointment for those betwixt the Town of Stratford atte Bowe and the Tower of London and to perform all things therein according to the Law and Custome of this Realm So also in 22 R. 2. had Will. Thirnyng Will. Rykhill Iohn Cokaine Thomas Charleton Iohn Shoredyche senior and Iohn Ongham the Shireeve of Middlesex being associated to them for the view and repair of those banks c. in Stebenhithe marsh and to proceed therein as aforesaid Which Commission was renewed in 1 H. 4. to all the parties before mentioned exceptiâ—g Iohn Cokayn In 5 H. 4. Iohn Cokain Will. Skrene Thomas Tyldeslegh Robert Rykedon and Iohn Hogham with the said Shireeve of Middlesex had the like And in 9 H. 4. Will. Cheyne Iohn Selman Iohn Profyt and Iohn Hogham and to act therein according to the antient Law and Custome of this Realm In 8 H 6. Henry Somer Robert Frampton Iohn Thwaytes Walter Grene and Alexander Anne were assigned in like sort for the banks c. in the Marshes of Stebenhithe and Walmershe and to make Statutes and Ordinances for the defence thereof according to the Laws and Customes of Romeney marsh as also to imprest so many Labourers for that imployment upon competent salaries as they should see necessary in respect of the imminent danger by the breaches in those banks which required their speedy repair In 26 H. 6. Iohn Fortescu chief Justice of the common Pleas Robert Wellys Abbot of Graces neer the Tower of London Iohn Fyloll Thomas Burgoygne Iohn Wylton Walter Grene Iohn Harpour Robert Tanfield Edmund Plofeld Iohn Eton and Thomas Croxton had the like Commission for the banks c. betwixt the Mill of S. Katherines neer the Tower of London to the Chapel of S. Marie Matfelon thence to the Church of S. Dunstans in Stepenhithe thence to the Church of S. Leonard in Bremley thence to the River of Leye thence to the Thames and thence to the said Mill and to make Laws c. according to the Laws and Ordinances of Romeney marsh as also to imprest Labourers c. as abovesaid Upon an inquisition taken in 27 H. 6. the Jurors presented that by the violence of the tides upon the banks of Stebenhithe marsh a great part of the said banks adjoyning to that marsh was then ruinous and broken through the neglect of the Land-holders there And that through the default of one Iohn Harpour Gentleman in not repairing his bank opposite to Depford strond there was on the Monday being the Feast of the Annunciation of the blessed Virgin in the 26 year of the reign of the said King H. 6. a breach made in the said bank of the before-specified Iohn Harpour for the length of xx Rods unto the land of Iohn Fyloll in so much as a thousand Acres of land lying within the said marsh were drowned And that he the said Iohn and all those whose estate he then had were obliged in respect of their land adjoyning to the
the end that they might not get their ships back who discerning what was done left them and fled towards Severne That which is here called a Castle is supposed to be some Fort made at or neer Hartford situate upon the Bank of this River for before the tides were kept back at Stratford Bowe by a large Sasse there made to keep the levell above it from drowning no question but that they flowed above Ware and brought up small Vessels neer to Hartford there being betwixt Ware and Hartford a Hill which to this day beareth the name of Shipman's Hill and a tradition of the Country people that ships did in antient time lye at Anchor in that Valley The first mention wherewith I have met concerning the Marshes of Essex is in King Iohn's time Roger de Crammavill being then attached to shew cause why he did not stand to the determination made in the said King's Court by a Fine betwixt himself and the Prior of S. Iohns of Ierusalem touching the Banks Gutters and Ditches to be made in Renham marsh at which time the said Prior produced the before-mentioned Fine so made betwixt them which testified that the said Roger did then agree that he and his heirs would make and repair those Banks c. according to the proportion of his Land in that Marsh so that every Acre which the said Roger did possess should be taxed as those that belonged to the Prior. And the said Roger came and acknowleged the agreement and justified that he had fully made those Banks according to what belong'd to his Tenement and thereupon put himself upon the view of those who knew the Laws of the Marsh. Upon complaint made to the King in 8 E. 1. by the Abbot of Stratford that whereas he did use yearly to repair the Banks and Ditches of the Marshes of West-Hamme as often as need required for the preservation of his Lands and the Lands of his neighbours lying within those Marshes againts the over-flowings of the Rivers of Thames and Luye and that his said neighbours did neglect to do the like for what belong'd to them the said King directed his Precept to the Shireeve of Essex commanding him to distrain all those that were faulty therein to the end that the said Abbot might have contribution in that behalf In 15 E. 1. Iohn de Lovetot and Will. de Lamburne had Commission to view and repair the Banks and Ditches in this County upon the side of Thames and parts adjacent then in decay and to enquire through whose default they became so ruinous In 20 E. 1. the Abbot of Stratford made a new complaint to the King in the like manner as abovesaid Whereupon the said King required the Shireeve to distrain all those who were obliged to such repair of their Banks and Ditches and had not accordingly done their duty therein as also those who did refuse to contribute to the said Abbot according unto their due proportions In 31 E. 1. Walter le Baud Richard de Perneford and Iohn de Dovor were assigned to view and repair the Banks Ditches c. in this County and those at Wolwyche in Kent The like Commission had Iohn le Bretun and Will. de Wauton in 34 E. 1. for those in Essex only Several other of the same kind for this County only were in King Edward the second 's time viz. to H. Spigurnell Iohn de Dovor and Iohn de Malegraffe in 3 E. 2. To Walter le Baud Will. Fitz Robert and Iohn de Norton in 6 E. 2. To the same William Henry Gernet and Thomas Dakenham in 7 E. 2. To Will. de Hanyngfeld Iohn le Burser and Thomas de Ultyng in 8 E. 2. To Nich. Frembaud Henry Gernet Iohn de Davor and Richard Bastard in 9 E. 2. In 14 E. 2. Henry Grene Iohn de Dovere and Thomas de Chene had the like Commission for the view and repair of the Banks c. at Renham Benington and Alvitheley In 17 E. 2. Iohn de Doure Robert de Ashele and Nich. de Scotford the like for all the Marshes upon the Thames in this County So also had the said Iohn Iohn de Wydefeld and Walter de Hegham for the Banks c. betwixt Stretford atte Bough and Est-Tilbury and the parts adjacent In 18 E. 2. Iohn Boteler and Iohn de la Hay were appointed to view a certain Causey betwixt Maldon and Hebrugg under which through an arch the fresh waters had used to run into the Sea which waters were then stopt And likewise to view and repair the Banks c. in the Marshes of Esthamme in Essex and Wolwiche in Kent So also in 5 E. 3. had Robert de Rochford and Will. de Stanford for all the Banks c. within the Hundreds of Densey and Rochford In 10 E. 3. Henry Gernet and his fellow Justices assigned for the view and repair of the Banks c. on the Coast of Thames in this County sate at West Hamme on Wednesday being the Feast of S. Edmund the King where the Prioresse of Stratford made complaint before them that Will. de Masun Bayliff of the Marsh of Westhamme had distrained her for Cs. for the repair of a certain Bank called the Prior's Wall for she said that she neither had nor held any land nor ground in the said marsh for the which any wall ought by her to be repaired and therefore required judgement But she said that one Iohn de Covele long ago viz. in the time of King Henry the third held in the said Marsh as of the fee of Muntfichet which then belonged to Sir Iohn de Handlo fifty acres of land together with the said Bank then called Coveles Wall and a certain piece of Pasture called the Hope lying neer the said Bank without the precinct of the said Marsh viz. between the same Bank and the course of the River of Thames which land together with the said Bank of Hope were before that time ever assessed together for the repair of that Bank whensoever it stood in need And the said Iohn de Couele being so seized aliened the said Bank and Hope to Robert le Ku to hold to him and his heirs for the repairing and maintaining of the said Bank for ever the said Hope then being sufficient for the Pasturage of six Kine as it was reported And afterwards the said Iohn de Couele long before the Statute entituled Quia emptores terrarum sold the said Land by parcells to divers Tenants to hold to them and their heirs of him the said Iohn and his heirs for a certain yearly Rent and sute of Court to be thereupon performed And afterwards the said Iohn did wholly sell from himself and his heirs all the demesn of the before-specified Tenements together with the whole Rent and service which he had wont to receive of his said Tennants unto one Simon de
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
de Brumpton held xiij Acres thereof Walter le Rooke two Acres c. And being asked if the said Prioresse held any part of the said Marsh in demesne or not they answered that she did not excepting a certain Rent of xiiijs. which she received of her said Tenants in the same Marsh over and above the service due and accustomed unto Sir Iohn de Handlo chief Lord of the Fee And because it was found by the said Jurors that at such time as the said Iohn de Covele held those Tenements in that Marsh he then held them wholly chardged with the repair of the said bank c. And that though by the alienation which he made of the same Bank together with the said Hope he only chardged them with the repair of the said Bank as aforesaid by reason whereof forasmuch as the said Hope was then gone the same Bank lay so unrepaired and became dangerous of necessity and according to the assize of the said Marsh recourse ought to be to all the said Tenements formerly and of antient time as aforesaid chardged therewith and to lay a new chardge upon them for that repair therefore it was decreed that all the said Tenements which formerly did belong to the said Iohn de Covele within that Marsh to whose hands soever they had come should be retained and chardged for the future to the making repairing and maintaining thereof And that all and singular the Tenants of the said Lands for the time being as also all others who were to have any benefit of them should be assessed for the repair of whatsoever defects should afterwards happen in the said Bank as often as need required viz. every Tenant or person receiving such benefit according to the proportion of his holding for ever And that the said Prioresse should not thenceforth be distrained and compelled to any repair thereof or contribution thereto above the rate of her due proportion of what she held And that these and all other the Banks in this County might be the better preserved for the future several Commissions were frequently issued out to sundry persons of note in these parts viz. in 12 E. 3. to Iohn de Brianzon Henry Gernet Humfrey de Northwode Benedict de Ditton Will. de Tendring and Richard de Henham In 15 E. 3. to Will. de Wauton Henry Garnet Henry Darcy Will. de Treye Benedict de Ditton and William de Tendring In 19 E. 3. to Richard de Kelleshull Henry D'arcy Will. de Tey and Benedict de Ditton and in 24 E. 3. to Richard de Kelleshull Thomas Tirell Iohn de Bergholt and Iohn Samkyn of Berkyng In 26 E. 3. upon a sute touching the clensing of the River betwixt Haveryng and Reynham the Jurors found that the Prior of S. Iohns of Jerusalem ought to do one half thereof which was then choakt up to the midst of the stream towards the Land of the said Prior in Reynham only And that every Tenant on that side towards Haveryng should do the like for that towards their own Land In 27 E. 3. Iohn de Staunton Henry Darcy Thomas Yonge Iohn de Rokewode William de Rokeswelle Will. de Horneby and Iohn de Tendring were appointed to view and repair the Banks c. betwixt Berking and Est-Tilbury In 29 E. 3. upon several breaches in the Banks within the Hundred of Dansey through the violence of the tides Iohn de Coggeshale Iohn de Newport Simon de Ogremount and Iohn Gamen of Tyllingham were constituted Commissioners for their repair By which Commission to take so many labourers as should be needful for that businesse aswell of those as had been before imployed therein as others born within Liberties and without where they should see fit the Fee of the Church excepted and to settle them in the work as also to arrest and imprison all such as they should find refractory therein till the said King should think fit to dispose of them otherwise In 30 E. 3. Iohn de Haveryng Henry Darcy Thomas Yonge Iohn de Rokewode and others were assigned in like sort for those betwixt Berkyng and Est-Tilbury So also in 32 E. 3. were Iohn de Haveryng Iohn de Bolyngton and others In this 32 year of E. 3. it was by the Jurors at Stratford-Langthorne presented that the Tenants of Haveryng had suffered the Chanel betwixt the said Lordship of Haveryng and the Lordship of Reynham to be so stopped up as that the stream which ought to passe that way was so much hindred thereby that it almost drowned the Pastures of the Commonalty of Havering lying neer that Chanell to the great damage of the said Commonalty which Chanel every Tenant on Havering side ought to clense towards his own Land The Shireeve therefore was commanded to summon the said men of Haveryng to answer thereto Who appeared accordingly in the Kings bench at Westminster on the Octaves of S. Hillarie viz. the master of the House of Hornchirche Iohn atte Dâ—une c. And being required to say what they could for themselves why each of them ought not to repair and scour the said Chanel on Haveryng side towards their own Land as it was presented the said Master and the rest said that neither they nor any of their Predecessors or Ancestors Tenants of the lands aforesaid did ever scour or repair the same nor of right ought so to do and thereof they did put themrelves for tryall upon the Country And Simon de Kegworth then the Kings Attorney said that they the said men and Tenants ought to repair and clense the same Chanel as it was before presented and this he offered to prove on the said King's behalf by the Country Whereunto the said Tenants assenting the Jurors were brought and upon their Oaths said that the said Master and others ought of right to repair and clense the said Chanel towards Haveryng against their own land as it was before presented Therefore it was adjudged that they should be distrained so to do c. After this about two years the like Presentment was made against the Prior of the Hospital of S. Iohn of Ierusalem and Sir Iohn de Staunton Knight viz. that they had injuriously suffered the said River betwixt Haveryng and Reynham to be choakt up so that the course of the water which had wont to passe through that Chanel did by the said obstruction drown the Pastures of the Commonalty of Haveryng which lay neer the same River Which Iohn being dead after that presentment so made it was decreed that his heirs should be distrained But it being proved that his wife then held those his Lands and that she gainsaid not but that she was ready to clense the one moytie of the said Chanel to the mid stream on her own side and likewise that the Tenants of Havering ought to clense the other moytie on their side the said Prior was dismist In 36 E. 3. Sir Iohn
de Haveryng Knight Iohn de Cavendishe Iohn de Gildesburgh and others were made Commissioners for the repair of the Bâ—nks c. betwixt Berking and Eâ—t-Tilbury with direction to proceed therein according to the Laws and Customes of this Realm The next year following Sir Will. de Waâ—ton Knight Thomas Torell and Thomas Belhouse had the like Commission for the Banks at West-Thurrok So also in 43 E. 3. had Thomas de Lodelowe Hugh de Badewe Thomas Yonge Iohn Aâ—brey and Will. Naffeâ—ton for those at Est-Hamme West Hamme Berkyng The like in 44 E. 3. had Sr Hen. de Grey of Codnore Knight Sir Rob. de Marny Knight Iohn de Goldesburgh and others for those upon the water of Markediche and others upon the coast of Thames betwixt Berkyng and Est-Tyllebury aforesaid Other Commissions in the same Kings time were these viz. in 48 E. 3. to Robert Bealknap Iohn de Bampton and others for the Banks between Stratford atte Bowe and Est-Tilbury In 49 E. 3. to Sir Hugh de Badewe Knight Sir Iohn de Sutton Knight Sir Raphe de Poley Knight and others for those in Bradwell As also to the Abbot of Stratford Nich Carreu Iohn Aubrey and Roger Germeyn for those at Est-Hamme and West-Hamme with appointment to act therein according to the Law and Custome of this Realm And likewise to Nich Carreu Robert Bealknap Will. Tank and others for those in the Marsh of the Abbesse of Berkyng And moreover to the said Nicholas Robert Bealknap and Robert de Teye for several other Banks in divers Marshes within this County In 50 E. 3. to the Abbot of Stratford Nich. Carreu and Will. Halden for those from the Town of Stratford atte Bowe to Berkyng So also to Sir Will. de Wanton Knight Roger Mareschall Thomas de Belhous and Roger Germayn for those at West Thurrok In 51 E. 3. to Robert Bealknap Thomas Maundevill Rob. de Teyes â— and others for the Banks in several Marshes and places of this County And in 1 R. 2. to the Abbot of Stratford Nich. Carreu Will. de Halden Iohn Auberey Iohn Bampton William Rykhill and Roger Gremyn for those from Stratford aâ—te Bowe to Berkyng In 2 R. 2. Sir Henry de Grey of Wilton Sir Albred de Vere Sir Will. Berland Sir Will. Wauton Sir Iohn Symond Sir Iohn Chaneeux Knights Geffrey Darsham Rob. Rigdon and others had the like Commission for the view and repair of the Banks in sundry Marshes through this County which were then in decay and power to choose and take so many Carpenters with other Artificers and Labourers as should be needful for that work wheresoever they might be found in this County aswell within Liberties as without excepting the Fee of the Church and excepting such as were assigned for the said King's special service and to imploy them therein imprisoning such as they should find refractory The next year following Sir Will. de Wauton Knight Iohn de Middleton Roger Marescall Roger Germayn and Iohn Stody were in like sort assigned for those upon the coast of Thames and the Garden of Farndon unto the Church of West Thurrok So also in 4 R. 2. were the Abbot of Stratford Henry Asty and Laurence Allerthorpe for those at Esthamme and West-Hamme In 8 R. 2. the Abbot of Stratford Nich. Brembre Maior of the City of London Robert Bealknap Nich. Carreu Will. Rykehill Richard Ryall and Roger Germyn were appointed as aforesaid for the view and repair of the Banks from Stratford atte Bowe to Berkyng So also were Rob. Bealknap Will. Wauton Iohn Guldesburgh and others for those in the Marshes of Barking and Dakenham and to act therein according to the Law and Custome of the Marshes before that time exercised in those parts And in 15 R. 2. Iohn Radyngton Prior of the Hospital of S. Iohns of Ierusalem in England Sir Iohn Deyncourt Knight Will. de Horbury Clerk Thomas Newenton and others had the like appointment for those betwixt Reynham and Alvytheley and to act as aforesaid But though by the great care which the Kings of this Realm had for the preserving of divers coasts from inundation that lay thus in danger of the tides and the safeguard of those as had by great iudustry been won from the overflowing of the Sea much advantage did accrue to the Common wealth yet such hath been the violence and irresistable force of that element being agitated by high and boysterous winds that notwithstanding the utmost endeavours that could be used for prevention thereof it sometimes wasted and consumed much in other places of which sundry examples might be given were it requisite but I shall only instance in one viz. of the Lands and Marshes belonging to the Abby of S. Osithes in this County whereof I find mention in a Petition exhibited unto Robert de Braybroke Bishop of London in the time of King Richard 2d. and to the Dean and Chapter of that Church by Sir Albred de Vere Knight who thereby sheweth that whereas that Monastery was situate neer the Sea coast and had in it an Abbot and twenty Canons of the Order of S. Augustine serving God there devoutly every day and that the revenues thereof were through various mishaps without their default so diminished that a great part of their sustenance was abated viz. in Southflete C Acres of their arable land by the overflowing of the Sea totally drowned As also there and at their Beckarie of Coketwyk in one Pasture wherein at sometimes a C Kine and a thousand Ew-sheep might be kept through the breach of the banks ' and inundation thereof then scarce Lxx Kine and eight hundred Ewes could be maintained And moreover that two Marshes called Wyggebergh mers and Holewyke mersh in which six hundred Muttons might be yearly kept were then through the continual tides dayly overflown that scarce four hundred could be maintained And that the Water-Mill situate in the Town of S. Osiths and belonging to that Abby which had been worth xxl. was by the Sea-tides so spoiled that it could not be repaired under an hundred pound chardge And lastly that the Marsh walls in that Town in length three miles which included a Pasture for Lxx Kine and a thousand Muttons and Ewes were so torn and broken at that time that for the preserving of the same there must be other banks made anew and those old ones quitted so that a great proportion of the said Pasturage being for that respect to be left out scarce fifty Kine and six hundred sheep could be there maintained In consideration therefore of these losses he petitioned that the Church of Elmestede might be appropriated to that religious House Very many Commissions have I afterwards also seen for the view and repair of the Banks c. in this County which I shall here only in a brief manner point at viz. in 9 H. 4. to
Will. Gascoigne Will. Thirnyng Iohn Cokayn and Robert Tirwhit for those betwixt Stratford atte Bowe and Reynham In 8 H. 5. to Richard Baynard Will. Cheyne Richard Rede and Iohn Cornewailles for those betwixt Stretford atte Bowe and Stretford Langthorn on the South part the Road between those Towns and the River of Thames By both which Commissions they were to act according to the Law and Custome of this Realm In 17 H. 6. to Iohn Bishop of Bathe and Welles Sir Raphe Crumwell Knight Iohn Fraye Nich. Dykson and others for those from Stratford atte Bowe to Horndone thence to Hokley and thence to Tollesâ—ery and Wybergh with power to make Laws and Statutes c. according to those of Romeney marsh and to do all things touching the same repairs according to the Law and Custome of that Marsh As also to imprest so many labourers c. for competent wages as should be needful for that work c. In 18 H. 6. to Sir Raphe Crumwell Knight Iohn Fray Robert Rollestone Clâ—rk and others for all those betwixt the town of Ware and the River of Thames upon the River of Leye In 26 H. 6. to Peter Arden one of the Justices of the Common Pleas and chief Baron of the Exchequer Sir Thomas Tyrell and Sir Maurice Bruyn Knights Iohn Bamburgh Iohn Lymyngton and others for those betwixt Portflete mylle to Reynham flete thence to Reynham Church thence to Wenyngton Church thence to the messuage of Thomas Bernerde and thence to Portflete mylle before mentioned In 30 H. 6. to the Abbot of S. Osithes Iohn Godmanston Esquire Iohn Grene Robert Tanfield and others for those in the Hundred of Tenderyng In 33 H. 6. to Sir Thomas Tyrell Knight Will. Notyngham Robert Heworth Will. Tyrell Esquire Mathew Hay Esquire and Will. Pert for those betwixt S. Katherines Chapel upon Bowe bridge in the Parish of West Hamme unto Est Tilbury In 34 H. 6. to Sir Thomas Tyrell Knight Will. Tyrell junior Esquire Iohn Grene Iohn Geney and others for those within the limits of Stratford atte Bowe to Horndone thence to Hokley and thence to Tollesâ—ery and Wyggeberghe In 1 E. 4. to Will. Notyngham Rob. de Heyworth Thomas Heytone Walter Wretille Esquire and Will. Pert Esquire for those from the Mill called Tempylmylle to the Chapel of S. Katherine upon Bolwebrigge thence to Horndone c. as in the last In 9 E. 4. to Sir Will. Tyrell Knight Thomas Urswyk Humfrey Sterkey and others for those Banks from Est Hamme to Horndone and thence as aforâ—said The like Commission for the Banks in those very places had Iohn Earl of Oxford Sir Will. Tyrell Knight Iohn Grene Thomas Urswyk and others in 49 H. 6. In 16 E. 4. Sir Thomas Urswyk Knight Sir Thomas Montgomerie Knight Sir Iohn Say Knight Iohn Elryngton Will. Alyngton and divers others were appointed to view and take order for the repair of all the Banks c. upon the River of Leye both above and below the Town of Ware unto it's confluence with the Thames And the next year following the said Sir Thomas Urswyk Peter Courtney Clerk Alured Corneburgh Esquire Hugh Bryce and others were in like sort appointed for those Banks from Bowe-bridge to Raynham In all which from 6 H. 6. the said Commissioners were directed to proceed according to the Law and Custome of Romeney marsh and to make Statutes and Ordinances for the regulating of all things touching those Banks Ditches Sewers c. in such sort as those are which concern that Marsh as by an Act of Parliament made in the same 6th year of King Henry the sixth they were impowred which Act continueth in force at this day Forbearing therefore to give instance in more particulars I shall cloze up this Chapter touching the Marshes of the before-specified County with what I have met with touching the levell of Havering and Dagenham at a Session of Sewers held at Romford xvi Maii 36 Eliz. before Sir Henry Gray Knight Sir Iohn Peter Knight Richard Warren Esquire and others where for the recovery of Havering marsh then overflown and drowned and preventing the like to Dagenham levell it was decreed that Dagenham Creek should be immediately inned and that whereas the said drowning had been occasioned by a breach in the wall of Will. Ayloff of Hornchurch Esquire he the said William to pay the summ of â—ive hundred pounds and the Land-holdâ—rs of Dagenham certain rates by the Acre for all their marsh grounds lying in the said levell viz. the Lands on Dagenham side against the said Creeks at CCLxvl. and the Lands in Havering levell the summ of DCCl Howbeit these Banks being not made strong enough to withstand those tempestuous storms and violent tides which hapned in the month of September An. 1621. viz. 19. Iac. Cornelius Vermuden Gentleman an expert man in the Art of banking and drayning being treated withall by the Commissioners of Sewers appointed for the view and repair of the breaches then made undertook the work and pâ—rfected it but such being the perversnesse of those as were owners of the Lands assessed by the Commissioners â—o undergo the chardge thereof that they neglected to pay their proportions thereof upon complaint therefore made to the said Commissioners he the said Cornelius in recompence of his chardges had parcell of the said Lands assigned unto him which assignation was by the Kings Letters Patents bearing date 1º Aug. 1º Caroli reciting the Act of Parliament of 13 Eliz. cap. ix viz. that where any person should be assessed by the Commissioners of Sewers to any lot and refuse or neglect to pay the same the Land to be leased or past in fee simple in recompence to the undertaker confirm'd to him the said Cornelius and his heirs CAP. XVIII HAving now done with the Marshes in Essex of which by reason of their adjacency unto the Thames I thought fit to take notice in this order as I have done I must according to my designed method return Southward and before I come to Sussex of it self observe what I have found touching that County and Kent promiscuously In King Iohn's time upon a sute betwixt the Archbishop of Canterbury Prior of Lewes Plantiffs and Rob. de Denton and others concerning certain Sea-banks in those parts Robert de Marti who was one summoned upon that businesse appeared and did put himself upon the men of the Archbishop in Mauling of the Earl Warren in Pidingho and Metinges for the repair of those banks in such sort as they ought and had wont to be A multitude of Commissions through the reigns of sundry Kings I do find upon this occasion whereof the most are in general terms for the view and repair of the Banks Ditches and Sewâ—rs in both those Counties but some do expresse particularly in what places unto all which I shall briefly point according to the
course of time when they issued out viz. To Robert de Setvans William de Hastings and William Maufe in 27 E. 1. To Henry de Appletrefeld Robert de Setvans and others in 28 E. 1. In 30 E. 1. to Luâ—as atte Gate Robert de Setvans Will. Maufe and William Colebrand In 31 E. 1. to Robert Paulyn Robert de Septem Vannis Will. de Hastings and Lucas atte Gate In 32 E. 1. to VVill. de Echingham Robert de Passeleye and Henry VVardeden As also to Iohn de Buran VVilliam Maufe and Lucas atte Gate In 34 E. 1. to Iohn Malemeyns Lucas atte Gate and Robert Paulyn for those Banks Ditches c. in the Marshes of Pychardesbroke and Kechenhammebroke and elswhere in the said Counties In 35 E. 1. to VVill. Pyrot Iohn Malemeyns Iohn de Gosehale and Henry de Bugthorpe In 1 E. 2. to Iohn Malemeyns Lucas atte Gate and Robert Paulyn for the Banks c. in the Marshes of Mayhamme and Losenhamme In 7 E. 2. to Iohn Malemeyns of Stoke Robert de Echynghamme and Mathew de Knelle for those on both sides the River of Newendene betwixt Mathew and Bodihamme bridge In 10 E. 2. to Robert de Bardelby and Edmund de Passele for those in the Marshes betwixt the Redehulle and the Town of Roberts-Brigge on each side the River Lymene In 14 E. 2. to Iohn de Ifeld Iohn Malemaynes of Hoo and Richard de Echiâ—ham for those in the Marshes betwixt the Town of Apuldre and Roberts-Brigge on each side of the said River of Lymene In 17 E. 2. to Stephan de Cobham Iohn Filoll VVill. de Robertsbrigge for the same So also to VVill. de Echyngham Robert Bataill and VVilliam de Robertsbrigge About the beginning of E. 3. time it being found by an Inquisition taken before VVill. Truslell then the King's Eâ—caâ—tor on this side Trent that the Chanel of a certain River running betwixt the Lands of Geffrey de Knelle and Isabell Aucher between a certain place called Knellesflete in the confines of these Counties and the Town of Robertsbrigge in Sussex was so much enlarged by the flowing of the Sea-tides into it that six hundred and fifty acres of land part belonging to the said Geffrey and part to others were thereby totally drowned and consumed And that a certain Causey which is the common high way lying betwixt the Land of Iohn de la Gate in the said County of Sussex and the bridge of Newendon as also the said bridge were broken and demolished by those tides and moreover that divers lands in the said parts would in a short time be drowned and destroyed except a speedy remedy were had And likewise that it would not be to the damage or prejudice of the said King or any other if he did grant license to the said Geffrey and Isabell and to other persons having lands contiguous to those places to exclude the said tides and to raise a Bank at Knellesflete aforesaid betwixt the lands of the said Geff. Isabell in that place to resist the said tides for preservation of the lands way bridge aforesaid to the end that the antient course of that River might be preserved by sufficient Gutters placed in that Bank And that unlesse it were by such an exclusion of the Tides by making of such a Bank that the said Lands way and bridge could not be in safeguard The King therefore being careful in all respects to provide for the defence of this his Realm as was fit granted license to the said Geffrey and Isabell as also to all those who were like to have advantage by that exclusion that they should raise a certain Bank at Knellesflete before-mentioned for that purpose and to make sufficient Gutters therein for the issuing out of the said fresh water and to repair the same Banks and Sluces being so made when and as often as neâ—d should require In 10 E. 3. VVill. de Robertsbrigge VVill. de Recolvere Ioceline de Gatele and Robert Bataille were constituted Commissioners to oversee the making of certain Sluces Banks and Guttâ—rs for the safeguard of the lands of divers Tenants in the Towns of Wightresham Idene and Pesemershe and to assesse all such as had lands in those parts which were to take benefit thereby for the performance of that work according to the proportion of what they held About the same time upon another Inquisition taken it being certified that by the ebbing and flowing of the tides into a certain stream of fresh water running betwixt the Lands of the before-specified Geffrey de Knelle and Isabell Aucher between Knelleflete above-mentioned and the said Town of Robertsbrigge six hundred and fifty Acres of Land belonging to the said Geffrey and others were drowned the King thereupon granted the like license to the said Geffrey and Isabell to raise a certain Bank at Knellesflete to restrain those Tides as also to make Sluces and sufficient Gutters for evacuation of the said fresh water so that the antient course thereof might be preserved And afterwards did appoint Roger de Bavent Roger de Hegham Thomas de Lincolne and Will. de Northo to oversee the making of that Sluce and raising of the said Bank and â—o ordain assessments and to distrain all such as by the said Inquisition should be thought needful to contribute to the chardge of that work according to the proportion of their holding which Banks Gutters and Sluce being accordingly made and the said King informed that they were grown to decay did by his Letters Patents bearing date at the Tower of London on the 8th day of Ianuary in the said tenth year of his reign constitute Will. de Orlauston Thomas de Gillingham Stephan de Padiham and Iohn de Betenham to take view of them and to provide for their repair But in 22 E. 3. there being a Petition presented to the King on the behalf of Iames de Echingham and on the morrow after the Feast of S. Hillarie exhibited before the said King and his Councel in his Parliament then held at Westminster importing that those Lands might have been preserved by the repair of the old Banks on the verge of that River and that the Bank made by virtue of the said King's Letters Patents before mentioned which thwarted the said stream was raised aswell to the damage of the said King as of him the said Iames forasmuch as thereby such ships and Boats which had used to passe with victual and other things from divers places in these Counties of Kent and Sussex unto his Mannour of Echingham through this Chanel were then hindred as also to the destruction of his Market Town of Salehurst situate upon the said River and of his Market there which by the course of that water had been supported and out of which the said Iames and his Ancestors had used to receive Toll and many
other commodities the King therefore taking the same into consideration and that the said Iames was no party to the before-specified Inquisition nor at all called at the taking thereof did revoke his said Letters Patents and command that the said Bank should be demolished And desiring to be certified whether the said lands might be preserved by the repair of those old Banks on the verge of that stream or not and whether the said Bank so raised athwart that stream were to his damage or the damage of any other person did by his Letters Patent bearing date the 8th of April in the year abovesaid assign Iohn de Strode Iohn de Ore Robert de Sharnedene and Philip en la Wyke to enquire and certifie the truth thereof And after this about two years Tho. de Passele Thomas de Pympe Stephan Scappe Will. de Haldene and Will. de Wystresham were also appointed to take a new view of these Banks In 25 E. 3. Stephan Scappe Will. de VVightresham VVill. de Pageham and Stephan Donet were assigned to view and take order for the repair of the Banks c. in Promhell marsh betwixt Long Shotteswall and West-hevedeswall Newlandeswall Uetereswall and Scalloteswall in the confines of these Counties In 27 E. 3. VVill. de Clinton Earl of Huntingdon VVill. Fifhide Reginald del Dik Iohn de Ore Stephan Scappe and Iohn de Hodlegh had the like assignation for the Banks betwixt Apuldre and Robertshrigge So also the year following had Stephan de Valoignes VVill. VVaver Iohn Brode Stephan Scappe and VVilliam de VVightresham for those in Promhell Marsh before menâ—ioned In 30 E. 3. upon the complaint of divers persons in the Marshes on the Sea coast betwixt Hethe neer Saltwood in Kent and Lewes in Sussex and the parts adjacent that many men of those Counties who had levyed and collected great summs of money of the Land-holders in the said Marshes for repair of the Banks Ditches c. in the same in the twentieth year of the said King's reign and at other times and having so done kept the money to themselves so that the Banks for default of that timely repair which they should thereby have had being grown ruinous exposed the said Marshes and Lands to overflowing and drowning the King therefore by his Letters Patents bearing date at New-Castle upon Tine the 30th of Ianuary in the year abovesaid assigned Geffrey de Say Raphe de Frenyngham Will. de Fifhide and others to enquire therâ—of In 37 E. 3. Rob. Belknap Will. Haldene Will. Topâ—live Henry Gosebourne and Iohn Lyvet were made Commissioners for the view and repair of the Banks c. in Promhell marsh So also the same year were Will. de VVightresham Stephan Donet and others And the next year following Sir Andrew Sakevill Knight VVill. Haldene â—nd VVill. Batesford had the like Commission for those betwixt Hastyngs and Newendon So also in 40 E. 3. had Rob. Bealknap VVill. Haldene and VVill. Horne Robert de Ore and Iohn Lyvet for those in the Parishes of Wightrisham Ebâ—ene Stone in Oxene and Idenne In 42 E. 3. Thomas de Lodelowe Robert Bealknap VVill. Batesford and others for those in Promhell marsh In 44 E. 3. Thomas de Lodelowe Rob. Bealknap Iohn Colepepere VVill. Horne Roger Ashburnham and Iohn Edward had the like for those betwixt Knellesflete before-mentioned and the Town of Robertsâ—rigge So also in 5 R. 2. had Robert Bealknap Edward Dalingrugg Roger Ashburnham Robert Echyngham Iohn Edward and Iohn Broke The like in 7 R. 2. had Robert Bealknap VVill. Riâ—hill VVill. Batesford and others for those betwixt Newendon and Echingham So also the same year had the said Rob. Bealknap VVill. de Halden VVill. de Horne VVill. Makenade Iohn Lynot and Iohn Franceys for those in the Marshes of Lyde Promhill Middele and old Romeney With direction to act according to the Law and Custome of this Realm and the Custome of Romney marsh And liâ—ewise the same Robert Bealknap VVill. Horne VVill. Betesford Stephan Batenham Will. Makenade Will. Brenchesle and Iohn Fraunceys for those Banks c. betwixt Robertsbrigge and Smallyde In 31 R. 2. Iohn Devereux Constable of Dovor Castle and Warden of the Cinque Ports Thomas de Hungerford Will. Rikhill Will. de Horne and others were constituted Commissioners for the view and repair of those Banks c. between Bourne in Sussex and Apuldre in Kent and impowred to proceed therein according to the Custome of the Marsh and the Law and Custome of this Realm In 1 H. 4. William de Makenade and his fellow Commissioners sitting at Apledoure on the Thursday next after the Feast of S. Valentine to enquire of the defects in the Banks Sewers within the Precincts of Smal Lyde Promhelle it was then and there found that six hundred twenty and eight Acres of Marish lying in a place called the Becard which had long layn in danger of the Sea and at that time were often overflowed ought to be preserved and defended by a certain Bank beginning at Fayrefeld's hole in the said place called Becard and so extending it self by the Sea-side unto the Bank of the Prior and Covent of Christs-Church in Canterbury towards the North which Bank ought to be made on that Sea-coast at the common chardge of all persons receiving advantage and benefit thereby and that the Abbot and Covent of Robertsbrigge were then possest of CCLxxi Acres and an half of the said Marshes for which they ought to contribute to the said chardge of making that Bank and that Thomas then Archbishop of Canterbury with the said Prior and Covent of Christs-Church and certain other persons were possessors of the râ—sâ—due thereof for the which every one of them according to the proportion of what he so held was to contribute Upon which verdict there grew a dispute betwixt the said Prior and the Abbot of Robertsbrigge the Abbot and his Covent alleging that their proportion of the said Marsh so to be defended was much greater than by that Inquisition the Jurors had found it to be for they said that Henry sometime Earl of Augi by a certain grant of his gave to the then Abbot of Robertsbrigge Predecessor to the present Abbot and the Covent of that House seven hundred Acres of Marish in the Town of Snergate aswell within the Bank as without of which they said that the marish then to be taken in was parcell and to make good this their claim did exhibit the Charter of the said Earl made time out of mind as also the Letters Patents of King Richard the first and King Henry the third with other Kings ratifying the said grant Whereunto the Prior of Canterbury answered that upon the making of that Charter by the said Earl of Augi there arose a controversie betwixt Alan then Prior of Christs-Church and his Covent as Lords of the Mannour of Apuldre within the Precinct
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
also informed that the Tenants of the other lands were not able to undergo those repairs by reason of the great expence which would be requisite thereto Taking care therefore of his own indempnity and the preservation of those Marshes he directed his Precept to Thomas Alard Guardian of his lands of that Marsh commanding him that he should for the present occasion cause an equal contribution to be made out of those his lands according to a just and proportionable Tax with the said other Land holders lest for want thereof a greater losse might afterwards happen for which he the said Thomas was to receive allowance out of the Exchequer But after this the very next ensuing year upon an Inquisition taken by Rob. de Septem Vannis Will. de Hastyngs and Robert Paulyn whom the King had assigned to take view of the Banks and Ditches in this County and to cause them to be repaired which was returned into the Chancery it was found that the said Marsh of Winchelse could not be defended and preserved by the old wall situate towards the East and that if it ought to be defended it would be necessary to have a certain new Bank there of the length of CCCL Perches and that the said new Bank could not be made by those who according to the antient composition before-mentioned had wont to repair that old bank forasmuch as they who were in that sort lyable to the repair of the said old bank were not able in regard of the diminution of their lands to bear the whole chardge thereof themselves He therefore directed another Precept unto the said Thomas Alard requiring him to take care that such contribution should be made thereto out of his own lands and the lands of others as is above exprest And hereupon the said King issued out a Commission to the said Robert William and Robert to see that the contribution which the said King's Bayliff was to make therein should be well and also faithfully assessed A multitude of other Commissions were afterwards granted to sundry persons for to take care of the banks in the other Marshes of this County viz. in 1 E. 2. to Iohn Malemeyns Lucas atte Gate and Robert Paulyn fâ—â— those in Pevenese marsh In 2 E. 2. to Will. de Echingham Henry de Wardeden and Iohn Fylol for those in the Marshes of Wylting And the same year to Robert de Clyderhoâ— and Iohn Fillol for all the Marshes in this County In 3 E. 2. to the said William Henry and Iohn for those in the Marshes of Fothie and Wyltyng And the same year to Robert de Clyderhou Iohn Fyliol and Iohn de Brydeney for those in Pevensey marsh In 4 E. 2. to Robert de Passelâ—y Henry de Wardeden and Iohn Filliol for those Banks in the parts of Tillingham by which the Marshes of Tillingham and Est-Wytenham were wont to be defended both from the overflowing of the fresh and salt waters In 5 E. 2. to Henry de Wardeden and Iohn Fillol for those in the parts of Northie and Lullingtone In 7 E. 2. to Iohn Heringod Iohn Filol Will. de Sneylham for all those upon the Sea-coasts throughout this County And so also the same year to Andrew Peverell Will. de Northo Iohn Filiol and Will. de Snaytham In 8 E. 2. to Iohn Heryngaud Iohn Filiol and Iohn de la More for those in the Marsh of Filesham Boxle Wyltyng and Crawherst In 9 E. 2. to Edm. Passheleye Stephan Alard of Wynchelse and Mathew de Knolle for those in the parts of Tillingham before-mentioned In 10 E. 2. to Will. de Echyngham Andrew Peverell Iohn Filiol and Will. de Sneylham for all those upon the Sea-coasts throughout this County The like Commission had Will. de Echyngham Iohn de Ifeld William de Northo and William de Snaylham in the same year In 13 E. 2. to Henry Beaufiz Iohn de Bergham and Iohn Dalingrugge for those in the parts of Pevenesey and Hastings So also the same year to the said Henry Andrew Lutterell and Iohn Dalingrugge In the tenth year of Edward 2. the said King at the request of Robert de Sapy in consideration of his good and faithfull service granted by Charter unto the said Robert and Aliva his wife liberty to inclose as much of Pevenese marsh as was then overflowed and in the occupation of no man and to hold it of the said King and his heirs during their two lives for a pair of gilt Spurs to be paid into the said Kings Exchequer every year upon the Feast day of S. Iohn Baptist. But forasmuch as the said Robert and Aliva did take no benefit of that grant but delivered in their said Charter into the Chancery to be cancelled the King by his Precept dated at Westminster 13 August in the 15th year of his reign commanded the Barons of his said Exchequer to supersede their demand of the said Spurs In 16 E. 2. Edmund de Passele Will. de Northo and Will. de Robertsbrigge were appointed to view and take order for repair of the banks c. at Wortling and Pevenese and elswhere in this County In 18 E. 2. Giles de Briaunzon Iohn Filol Will. de Robertsbrigge and Iohn de Dalingrigge had the like appointment for those in the parts of Pevense and Hastings In 5 E. 3. Will. de Robertsbrigge Robert de Sharden and Thomas de Wyvill had the like for those in the Rape of Hastings So also in 6 E. 3. had Thomas de Faversham Richard de Grosherst and Robert de Bataille for those in North-mershe neer Rye and Spadelond mersh betwixt Wynchelse and Damse wall The like in 8 E. 3. had Thomas de Faversham Will. de Robertsbrigge and Gosceline de Gatele About two years afterwards the King directing his precept to Will. de Robertsbrigge Robert de Shardenne and Robert Bataille wherein he recited that whereas he had assigned them the said William Robert and Robert or any two of them to view the Banks and Water-gangs in the marsh called Northmershs neer Rye and in the marsh of Spadelond betwixt Wynchelse and Daunswall and in other Marshes adjoyning and to enquire by the Oaths aswell of Knights as others through whose neglect the defaults in those Marshes had hapned And that whereas by Inquisition taken by the said William Robert and Robert it was amongst other things found that there were Cxxviij acres of land in the said marsh which did belong to the King's Mannour of Ihamme and that the said King's Bondmen there held of him xxx acres of land called Spadelond in the said Marsh as also that the said King's lands and the lands of others could not be preserved except a contribution were made out of them for necessary chardges tending to such their safeguard And that they the said Commissioners had forborn to
proceed farther therein because they had not power to compell the said King thereto as by the â—â—nor of the said Inquisition appeareth He therefore for prevention of the damage and peril which for default of such repair of those banks c. might happen being willing that in what concern'd himself all should be done according to reason commanded them the said William Robert and Robert that they should assesse his said Lands for contribution to those repairs according to the quantity of them as they did others for theirs And moreover gave command to Stephan Padiham his Bayliff of Ihamme that he should contribute out of the profits of that Mannour towards those repairs according to the proportion of what the said King held in those Marshes in such sort as others did to the end that the said repairs might not any wayes be retarded In 14 E. 3. Geffrey de Cotes Thomas de Weyvill and Philip de Ellevenwyk had Commission for the view and repair of the banks c. on the Sea-coast in the Marsh neer Pevenesey and Willingdon and those adjacent And the like Commission in 15 E. 3. had Iohn de Frenes Will. de Notton Rob. de Sharenden Thomas de Battenham for those betwixt Bremesley in the Parish of Bixle and a place called the Slough lying betwixt Pevenesey and North Eye And in 16 E. 3. the King by his Precept directed to Iohn Clynde then Bayliff of his Mannour of Ihamme wherein he reciteth his commands to Stephan Padiham his Bayliff of the same Mannour in the 10th year of his reign as I have already shewed and the necessiâ—y of the repair of those Banks in Northe mershe and Spadelonde gave him also strict chardge that he should not omit to contribute out of the revenue of that Mannour according to the proportion which he the said King had in those Marshes in such sort as others did for their Lands forasmuch as the said Banks were at that time for the most part very ruinous But notwithstanding this great care which it appears the King had the work was not perfected of three years after for in 19 E. 3. I find the like Precept directed to the same Stephan who was again his Bayliff of the said Mannour in that year In 17 E. 3. Sir Andrew de Sakevill Sir Andrew Peverell Sir Iohn de Fiens Knights and William de Sessingham had Commission to view and repair the Banks c. in Wretling Hoo Nonfield Ashburnham and Bixle Pevenesey Shipegongebrigge and also Piglynde What was done in that Marsh of Spadelonde before mentioned in pursuance of the said Kings Precept I cannot say but this is certain that within few years after through the force of great Tempests the Sea-banks betwixt Winchelse and Dauneswalle and betwixt Pykammyll and Trecherie were so broken and decayed that as well the Kings Lands as the Lands of divers other persons in that Marsh were overflowed at every Tide to the danger of their utter ruine and the apparent depauperation of the Town of Winchelse and the parts adjoyning The King therfore for the speedy repair thereof did in the 25 of his reign assign Iohn de Ore Stephan de Horsham Robert Arnald and Will. de Pageham his Commissioners to view them and to take order therein In like sort in 32 E. 3. were Sir Iohn Waleys Sir Hugh de Boucy Knights Thomas de Thorpe and others appointed Commissioners for the view and repair of those in a certain place called Pende betwixt the Towns of Brembre Shorham and Launcyng So also in 33 E. 3. were Iohn de la Lee Andrew Saukevill and others for those Banks in the Marshes of Pevenesey Bourne and Wylyngdon The like Commission had they the year following for those in the Marshes of Peveneseye Wylyngdon and Estburne between Hastings and Sefford and the parts adjacent So also in 36 and 38 E. 3. And in 40 E. 3. Raph Spigurnell Robert Bealknap Andrew de Guldeford and others were assigned to view and repair the Banks of those Marshes within the liberty of the Town of Rye towards the East unto the Kings high way which leadeth from Pladen unto the same Town of Rye and towards the South to the said Town of Rye and towards the West to the Sea-bank called Melflet and towards the North to the lands which are called Bernardeshill from Kyngeswyst with direction to determine all things therein according to the antient Law and Custome of this Realm Upon an Inquisition taken in 42 E. 3. the Jurors presented upon their Oaths that one William Fishburne Clerk had then newly made a stone wall upon the Sea-coast at Boseham in pure almâ— and of his meer and free will without any cohercion whatsoevâ—r whereas before that time there had not been in the memory of man any Bank or defence there against the Waves of the Sea but the ground lay waste through the ebbing and flowing of the Tides And they farther said that the Bishop of Exeter was then Lord of the Town of little Boseham and that his Lordship there lay abutting on the Sea-shore in length viz. â—rom the Prebend of Fouctone to .............. of Boseham on the East part to the Prebend of Westebroke in the said Church on the West part excepting one Watermill a Smiths Forge and a Cotage and that the said Bishop had divers edifices there in the hands of Bondmen which were then worth by year beyond reprises xiijs. iiijd. And that several other persons had also Lands there And moreover that the said Bishop and the rest of the Land-holders there were bound to contribute towards the making defence against the Sea-tides there according to the proportion of what they held And in the said 42 year of E. 3. it appears that Robert Bealknap Robert Churchehull William Merlot Iohn VVyn and others were appointed to see to the repair of those Banks c. at Boseham In 44 E. 3. Godfrey Folejaumbe Robert Bealknap Roger Ashburnham and others were constituted Commissioners for the view and repair of the Banks betwixt the Towns of Borne and Rye In the like sort were the Abbot of Battaile Rob. Bealknap Roger Ashburnham and others in 48 E. 3. In the same year the King being informed that the Burgers of Wynchelse had for the advantage of that Town and benefit of the whole Countrey built a certain Bridge at Pypewel over a water called the Chanel of Wynchelse upon the said Kings soyl on both sides of the water for the passage of people and all carriages which was not done with little chardge And that by the violence of the Tides and flouds of fresh water passing to the Sea the said Bridge and banks on each side the said water betwixt the said Town of Wynchelse and the Towns of Odymere and Rye were so broken down and ruined and all the High-wayes about the said Town of UUynchelse so overflowed that
this County and Apulâ—re in Kent the Jurors presented upon their Oaths that there was a certain small Mâ—rsh neer unto the Town of Rye within the liberty of the Cinque Ports called S. Mary Croft containing by estimation xlviij acres of land which could not be well defended against the force of the Tides except an old Gutter therein were stopt up And they said that it would be necessary and profitable for the preservation and clearing of the said Marsh that there were a new Gutter and Seweâ— made beyond the bank of the said marsh and the land of Iohn Chitecrofte in a certain Marsh called Corboylesmarshe containing ........... about a quarter of an acre of land and so to passe into the Water-course coming from Leveshameswall unto the Sluce at Melflâ—t All which said work viz. the stopping up of the old Gutter and making of the new Sewer and Gutter might be performed as they estimated it for xijl. And they farther said that the Land-holders of the said Marsh called S. Marie Croft should pay to the said Iohn Chitecroft for the said land according to the Custome of Romeney marsh for every Acre xls. And they likewise said that the said Land-holders should be lyable to make contribution for their portions towards the diverting of the VVatercourse in Curboylesmarshe for the maintenance of the Sluce there and the Bank beyond the said Sluce not taxed as also to the making of the new Sewer in Curboylesmarsh when occasion should be viz. for every Acre of theirs as the Land-holders of Curboylesmarsh for theirs which water so diverted was not to the hurt or damage of the said Marsh called Curboylesmarshe And therefore the Maior and Bayliff of Rye had command that they should summon the said Iohn Chytecroft to appear before the Lieutenant to the Constable of Dovor Castle at Rye upon the Wednesday next before the Feast of the Nativity of the blessed Virgin to shew c. As also the land-holders of the said Marsh called S. Mary Croft VVho severally said that they could not gainsay but that they were obliged to make contribution according to the Inquisition aforesaid And likewise the said Iohn Chitecrofte who said nothing thereto Therefore it was decreed that the said new Gutter and Sewer beyond the said Bank and over the land of the said Iohn Chitecrofte should be made according to the purport of the said Inquisition and that the said Iohn Chitecroft should have for his said land according to the Custome of Romeney marsh x s In 3 H. 5. Sir Iohn Pelham Knight Richard Wakeherst Robert Oxenbrigge Vincent Fynche Adam Iwode and Will. Marchaunt were constituted Commissioners for to view and repair the banks c. betwixt the Towns of Pesemersh Rye Farlegh and Pette and to do all things therein according to the Custome of the Marsh and the Law and Custome of this Realm So also in 9 H. 5. had Robert Oxenbrigge Henry Hoorne Iohn Halle junior Will. Cheyne and Adam Iwode for those betwixt Ashewalle and the course of the Sea-water running from the town of Rye to Appuldre and Bodyam in the Towns of Wytresham and Stone in Kent and to Idenne Pesemâ—rshe and Bekkele in this County and to do all things therein according to the Custome of Rumney Marsh and the Law and Custome of England The like Commission the same year had Robert Lord Poynings Thomas Prior of Lewes Iohn Preston Sir Iohn Pelham Knight Iohn Darell and others for those betwixt Flecchyng and Seford on the Sea-coast and to perform all things therein according to the Custome of the Marsh and the Law and Custome of this Realm So also the same year had Sir Iohn Pelham Knight the Prior of Michelham Robert Oxenbrigge Adam Iworde Iohn Nelonde and Iohn Halle for those betwixt Hastyngs and Boxele in the Towns of S. Leonard Holyngtone Wyltynge Bexele Croweherst and Bulwerhithe and to proceed therein as abovesaid The like had Will. Westbury Robert Oxenbrigge Iohn Hall Richard Wakehurst and others for those betwixt the Parish of Berghestede on the west part and the parish of Felgham on the East and from those Parishes to Westregate and to do all things therein as abovesaid So also in 1 H. 6. had Sir Iohn Pelham Knight the Prior of Michelham Robert Oxenbrigge and othâ—rs for those Banks betwixt Hastyngs and Bexele as abovesaid And the like had Robert Lord Ponynges Thomas Prior of Lewes Iohn Preston Sir Iohn Pelham Knight and others for those betwixt Flecching and Seford and to proceed therein as abovesaid But in such sort did the said Sir Iohn Pelham and his Fellow Commissioners proceed therein that in 6 H. 6. upon information made to the King that they had by colour of that Commission raised certain new Banks which did so obstruct and hinder the antient course of of those fresh waters that had used to run betwixt the said towns of Hastyngs and Boxle by certain Sewers and Trenches to the Sea that much land was thereby drowned the said King assigned the Abbot of Bataille the said Sir Iohn Pelham Knight Sir Roger Fenys Knight Adam Iwode Iohn Corffe and others to view the same and to take such course for the rectifying thereof as should be consonant to the Custome of the Marsh and the Law and Custome of this Realm In 10 H. 6. Humfrey Duke of Gloucester Sir Thomas Echyngham Knight Iohn Halle Will. Fynche and others were appointed to view and repair the Banks betwixt Farlegh in this County and Derlandes Knokke in Kent and to make Laws and Ordinances therein according to the Custome of Romeney Marsh As also to imprest so many Labourers upon competent wages as there should be cause for to imploy in that work considering the great necessity of expedition therein The like appointment in 12 H. 6. had Iohn Earl of Huntendon Robert Prior of Lewes Sir Robert Poynings Sir Thomas Echyngham Sir Thomas Leukenore Knights Iohn Darell Richard Wakehurst and others for the Banks betwixt Flecchynge and Seford upon the Sea-coast and to proceed as abovesaid as also to imprest such and so many Labourers upon fitting wages c. as abovesaid So also in 21 H 6. had Edmund Mille Will. Sidney Iohn Leyle Iohn Wode Richard Dalingrugge Esquire and Will. Breys for those betwixt the Parish of Berghstede on the VVest part and the Parish of Folgham on the East and from those parishes extending to Westgate And to do all things therein according to the Custome of the Marsh and the Law and Custome of this Realm Tâ—e next year following had Sir Rog. Fenys Knight Richard Dalyngrugge Esquire Iohn Faukes Clerk Iohn Denysh Esquire Edmund Mille and Adam Iwode the like Commission for those banks c. betwixt Hastyngs and Bexele within the Towns of S. Leonard Holyngtone Millynge Bexele Croweherst and Bulwerhithe and to proceed therein as the last Commission directed In 33 H. 6. Richard Abbot of
Kings High way betwixt Taunton and Bathepole brigge was spoiled by the reflowing of the said water And that the Boats which had wont to have their passage with Merchandize from Briggewater to Taunton were hindred c. the said Abbot answered that the said Richard de Atton was seised of the said Mills and those other Lands and held them of the Abbot of Glastonbury his Predecessor as of his Mannour of Monketon and in right of his Church of Glastonbury and that he the said Richard and all they whose estate he then had in those Mills Lands c. had held them of the Predecessors of him the said Abbot by certain services time out of mind And forasmuch as the said Mills were grown old and ruinous he the said Richard did new build them and made them of the same height bredth and depth as they were before he so pulled them down and that this he was ready to prove VVhich said Mills with the Lands and Tenements aforesaid the said Richard by the Kings license then and there exhibited gave to one Walter Abbot of Glastonbury the preceding Abbot to hold to him and his Successors for ever And so said that the then Abbot held those Mills in form aforesaid without that that they were built higher in any sort other than is before alleged and that this he was ready to prove And he said that before those Mills were so new built by the said Richard the fresh waters descending into the said Chanel in great flouds did overflow the Meadows and Pastures adjoyning and also the before-specified Road-way betwixt Taunton and Bridgwater so that the overflowing of those grounds and prejudice to the same way was not at all worse after the said new building of those Mills than it had been before and that this he was likewise ready to prove And the said Abbot farther answered that he was not obliged to repair the said Kings high wayes so spoiled as by the before-mentioned Presentment was supposed in regard that neither he nor any of his predecessors nor any one whose estate he had in any of the Lands and Tenements aforesaid he used to perform such repairs in those wayes time out of mind and that this he was ready to prove And he said moreover that there was a certain place below the said Mills called Bathepole Crosse whereunto all the Boats coming from Briggewater towards Taunton by the same water and not above nor farther in the said River of Tone ought of antient time to go up or passe or could so do but had used to be unloaded there and this he was ready to prove And he likewise said that one Walter late Abbot of Glastonbury his predecessor then Tenant of those Mills within eighteen years before did of his own good vvill and not of right make a certain Chest of boards for the ease of the then Bishop of Winchester Lord of Taunton and put it into the poole of those Mills by which Chest the boats in time of flouds might be drawn up into the said poole by which means the boats being drawn by that Chest sometimes got up to the said Bishop's Mill called Tobrigge Mill without that that the said Boats did use to passe up towards Taunton in the same River of Tone any farther than the place called Bathepole Crosse time out of mind And without that that the Fish in the said River were more hindred in their passage towards Taunton than they had wont to be before the new building of the said Mills And as to the Presentment of certain ground in Monketon appropriated to the before-specified Abbot by the planting of VVillows and other Trees thereon by his servants and Tenants the said Servants and Tenants affirmed that the said nusance was amended and totally removed and that this they were ready to prove And the said Abbot likewise answered that as to the planting of the Trees and appropriating the soil in Monketon aforesaid he was not at all guilty and that he was ready to prove it And because his servants and Tenants did not deny that the said nusance was not removed at the time of the said presentment they were therefore amerc'd in half a Mark. All which things they the said Abbot with his servants Tenants being ready to prove they required judgement there in Whereupon a Jury being summoned to appear before the said Justices on Thursday in Easter week and there sworn did say that the said Bank called Southlake wall was in Othery which is parcel of the said Abbot's Mannour of Sowy and not in Weston and so was and had been time out of mind as the same Abbot had before pleaded And they said that there never were or ought to be any Sewers Gutters Trenches or Ditches in the said Bank and that no Runes were stopped by the said Bank as he the said Abbot and his Tenants had also pleaded And as to the two Weres called Tappyng Weres in the River of Peret they said that the said Abbot held the Mannour of Sowy as parcel of the foundation of that Monastery and that he had a Floudgate called Tappyng were in the same River which vvas parcel of the said Mannour and had been time out of mind And that the Watercourse there was not otherwise stopped than it had been from the said time as he had formerly pleaded and alleged And as to the Presentment of those Mills called Bathepole mills they said that they were old and ruinous and new built by the before-specified Richard after the great plague and of the same height and depth as they had been time out of mind and not otherwise so that neither the Lands Meadows and Pastures before-mentioned nor the High way betwixt Taunton and Bridgewater in Bathepole were drowned or prejudiced by the said new building of them in any other manner than as they had used to be in great Flouds and time out of mind as the said Abbot had also pleaded and alleged And as to the Presentment concerning the passage of Boats and fish from Bridgwater to Taunton they said that there was a place called Bathepole Crosse on the lower side of those Mills and that there all the Boats coming from Briggewater towards Taunton had used to be unloaded time out of mind and that they neither could nor ought of right to go farther And likewise that the said Chest for the drawing up of Boats neer to the said Mill was made by the said Walter late Abbot of Glastonbâ—ry Predecessor of the then Abbot about xvi years before voluntarily and not of any right for the ease of the said Bishop of UUinchester Lord of Taunton to draw his Boats to Tobrigge mill And they said that the Fish were not at all hindred to swim in that River any otherwise than what they had been time out of mind as the said Abbot did before plead and allege And as to the course of the water called Wythrune which was stopped they said that the before-specified nusance
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
de Metham for those betwixt Faxflete and Cawode And in the same year to Will. de Vavasur Will. de Houk and Thomas de Fisheburne for those in the parts of Merskland Inclesmore Hovedenshire then much broken and in decay In 8 E. 2. upon complaint made by the men of Merskland inhabiting upon the River of Done that the said River whereunto the Sewers of the neighbouring parts did use to run was partly by reason of the Sea-tides and partly by undue straightnings so obstructed and stopt that most part of the lands thereabouts were overflowed VVhich complaint being exhibited to the King in Parliament then sitting at Westminster he constituted Iohn de Doncastre Roger de Cloherne and Robert de Amecotes his Commissioners to enquire thereof and proceed to the redresse of the same In 9 E. 2. the said Iohn de Doncastre Peter d'Eyvill and Alexander de Cave were assigned to enquire of the defaults in repair and clensing of certain Ditches in the parts of Spaldyngmore within the Bishop of Duresme's liberty of Hovedene whereby the low grounds there were overflowed And in the same year the said Iohn and Alexander together with Hugh de Louthre Adam de Midleton and Adam de Hopton had the like assignation for the view and repair of those Banks upon Ouse betwixt Rikhale and Hoveden dyke In 12 E. 2. Hugh de Pykworth Iohn Travers and Adam de Hopertone were appointed to view the Banks c. in Merskland upon the River of Done to make them new in such places where they should think fit The like appointment in 13 E. 2. had Iohn de Doncastre Adam de Haperton and Nich. de Sutton for those upon Ouse betwixt Bardelby and Hemingbrough So also in 14 E. 2. had Alexander de Cave Thomas de Houke and Hugh de Pikworth for those betwixt Faxflete and Cawode And in 16 E. 2. the same Thomas de Houke Gerard de Ufflet and Iohn the Son of Richard de VVhitgift had the like for those on the verge of Ouse in Merskland betwixt the River of Ayre and Trent fall So likewise the same year had the said Thomas de Houke and VVill. Basset for those upon the said stream of Ouse from Berlay Water-house to Ayremynne and thence upon the water of Ayre to the passage of Carletone neer Snaythe In that year also did the King send his Precept to Adam de Strikeland then Guardian of his Mannour of Hathelsay at that time in his hand that he should cause the banks upon the River AEre belonging to that Mannour to be repaired in all places needful according to the view and testimony of honest and lawful men of those parts In 17 E. 2. VVill. Basset Thomas de Egmanton and Iohn the Son of Richard de VVhitgift and Commission to view the defects in repair of all the banks upon Ouse in the parts of Mersklond betwixt the River of Ayre and Trentfall And the same year had Alexander de Cave Thomas Houke Peter de Saltmersh Robert D'amcotes VVill. de Lincolne and Geffrey de Edenham the like Commission for the view and repair of those betwixt Suth Cave and Barneby neer Hoveden then broken in divers places As also for the VVater-courses and Ditches of Beleby wyk Fuâ—nath Ragolf dyke Lange dyke Skelflete Hingbriksik Blaktoft damme Thornton's damme Temple damme Miklestek Hebewisgote Trakput Mulnedam of Broukflet Frisdike and Hoddeflete all which were diverted out of their right courses by which diversions and obstructions and the want of repairing those banks the low grounds betwixt Thornetone Muleburne Cathwayt Suth Cave Yverthorpe North Cave and Barneby neer Hoveden were overflowed And in case that they who had thus diverted and obstructed these VVater-courses were not able to repair them again then to distrain all such to give assistance therein as by such reducing them to their former Chanels and deobstruction of those stops should receive benefit and safeguard The next year following had Roger de Somery Hugh de Pikworth and Robert de Babthorpe the like assignation for the view and repair of those banks Ditches c. on the East part of Ouse betwixt Turneheved and Barneby ferry As also for those on the VVest part betwixt Cawode and Ayremyn and betwixt Feribrig and Ayremyn on the South and VVest part In the same year likewise were Alexander de Cave Thomas de Houke Peter de Saltmersh and Iohn de Kilvyngtone constituted Commissioners for those banks c. upon the coasts of Humbre and Use betwixt the towns of Suth Cave and Barneby neer Hoveden then broken and ruinous and also of the VVater-courses from Wartre Brunnom Brunneby Hayton Beleby Beveldale Myllington Ulvesthorp Killingwyke Pokelington Arnethorpe Wappelington Thorneton Melborne and Cathwayt then obstructed and diverted out of their right courses by reason whereof the low grounds betwixt Beleby Suth Cave and Barneby viz. Fulne Rageldyke Langdyke Skelflete Hingbrigstike Blacktoft dam Thornton dam Temple dam Mychelsyk Helewysgot Crakeput and the Mylndam of Bromflet Frisdyke were drowned And to compell all those who had so diverted and stopt the said waters to reduce them to their antient courses and where need should be to make new Chanels for that purpose The like Commission had they for the banks c. betwixt the River of Done and Bykerdyke within the Isle of Axeholme in Lincolnshire In 5 E. 3. Iohn Travers Peter de Midleton Peter de Saltmersh and Simon de Baldreston were assigned to enquire concerning the breach of a certain Causey called Foxholedyke made by certain malefactors in the parts of Merskland in this County by which breach the lands of the inhabitants of those parts were drowned In 7 E. 3. VVill. de Hathelse Iohn de Clif and Hugh de Bradeford were appointed to view and repair the banks c. betwixt AErmyne and Selby So likewise in 11 E. 3. were Will. Basset Thomas de Brayton and Iohn de Lacy of Gateford for those betwixt Temple hirst and Ayrmyne on the North side of Ayre as also upon both sides of the River Ouse betwixt Ayrmyne and Selby In 13 E. 3. the King directed his special Precept to Richard de Aldeburgh and Will. Basset whereby he made recital that whereas he had by his VVrit under the Privy seal commanded Simon de Grimesby then Guardian of his Mannor of Brustwyk that he should cause his demesne Lands Meadows and pastures and likewise the Lands of his Tenants within that Mannour to be drayned which had been drowned by the overflowing of water and to make a certain trench there whereby the water might passe away and have a direct course as before that time it had And the said Simon together with his Free-holders and Bondmen of that Lordship did by virtue of that precept make a trench there in a certain place where long before there had been one And the said King being informed
hindred so that they could go no farther except casually in the time of an exceeding great floud of the said River And they said moreover that the before-mentioned Prebendary owners of that Mill time out of mind had a Mill there for their proper benefit and kept the Mill-pool to the height above exprest untill that one Bartholmew Florentyne Prebendary of that Prebend in the reign of King Edward the first deeming that it would be more for his profit to pull down the said Mill than maintain it demolished both the Mill and the pool so that the tides of Ouse entring the before-specified Sewer and going over the Banks passing through the said pool so demolished did in every great floud of that water thenceforth till that time drown the before-specified lands and the lands of many others And they also said that there were never any other Banks nor Sluses for defence of that water nor was any one obliged to repair any banks there except they whose lands were so overflowed as aforesaid but they said that it would be more profitable and beneficial for the Inhabitants of those places to have banks raised to a fitting height and Sluses of a certain bredth for to keep back the tides of the said River at the entrance thereof that is to say upon the banks of Ouse at the mouth of the said Sewer where the said Bishop of Duresme is Lord of part of the soil and the said Prebendary Lord of the other part And they said moreover that they believed that the said water of Ouse did enter by that Sewer and passe over those banks by reason they were too low to the damage of the Inhabitants of those parts through the default and neglect of the men of those Towns which had their grounds so overflowed not of any other And that all they who had lands overflowed by the flouds of that water ought to repair those banks as also to raise them higher In 23 E. 3. Sir Thomas Ughtred Sir Gerard Oâ—sflet Knights Robert de Midelham Robert de Haldenby Thomas Proctour of Rednesse and Will. Gatorest were assigned to view and repair the banks upon the River of Ouse Done and Ayre in the parts of Merskland The next year following Will. de Percy Brian de Thornehull Raphe de Lassel Will. de Ayrmyn Will. de Nâ—tton Will. de Hinchden Illard de Usflet â—nd Thomas de Egmanton had the like assignation for those upon the Rivers of Humbre Use Derwent Ayre Skelflet Langdyk Fulne and Done in the parts of Spaldingmore Hovedenshire Draxsoken and Merskland â— and in the Wapentakes of Barston and Herthill betwixt Use and Derwent So also had Thomas de Ughtred Robert de Pikering Robert de Middelham Will. de Gateresse and Thomas Proctour of Rednesse for those upon the streams of Use Ayre and Done in the parts of Merskland and Osgodcrosse The like Commission in 26 E. 3. had William Basset Sir Miles Stapleton Knight Illard de Usflet and Iohn de Lasingcroft for those banks c. on the North side of Ayre betwixt Ayrmynne and Ferybrigg So also the same year had Thomas de Metham Alan de Shutlingden Parson of the Church of Hemyngburgh Iohn Moubray and Peter de Richmund for those upon Ouse within the Liberties of the Bishop of Duresme Other Commissions to the like purpose were shortly after directed to others viz. in 30 E. 3. to Iohn de Moubray Illard de Usflet Iohn de Walton and Iohn de Feriby for the Banks c. upon Humbre betwixt Faxflet and Paulesflâ—t In 31 E. 3. to Robâ—rt de Herle Will. de Skipwith Iohn de Moubray Iohn Knyvet Nich. Gower and Thomas Levelance for those in the VVapentakes of Strafford and Osgodcrosse In 33 E. 3. to Iohn Moubray Sir Marmaduke Constable Sir Will. de Aldeburgh Sir Raphe de Lascels Knights and others for those upon Use Derwent Ayre Skelflete Langdyke Fulne and Done in the parts of Spaldyngmore Hovedenshire Draxsoken and Merskland as also in the VVapentakes of Barston and Herthill and betwixt Use and Derwent In 36 E. 3. to the same Iohn de Moubray Thomas de Ingelby William de Fyncheden and others for all the last mentioned places In the same year there were divers Presentments made against those who ought to repair and maintain the depth of a Goul in Houk upon the River of Ouse within the parts of Merskland through whose neglect the Banks were broken to the nusance of the King 's High way betwixt Houk and Swynflet So also for neglecting to repair the said Banks upon Ouse to the damage of the Road-way betwixt Usflete and Ayrmyn Upon the pleadings whereunto the Town of Roucliff could not deny but that it ought to repair the VVater-course at Langholme gote and therefore were fined for their default In 39 E. 3. Thomas de Ingelby Miles de Stapelton Illard de Usflete and others were constituted Commissioners for the view and repair of the Banks c. on the North side of Ayre betwixt Ayremin Ferybrigg The like Commission the same year had VVill. de Skipwith Rich. de Ravensere Provost of Beverley Godfrey de Folejaumbe others for those upon the Banks of Use Ayre and Done in the parts of Merskland and Osgodcrosse and to proceed therein according to the Laws and Customes of this Realm So also had Hugh de Hastyngs VVill. de Fyncheden VVill. de Reygate and others for those on the North side of Ayre betwixt Selby and Castelford brigge In 40 E. 3. there was a Presentment made in the VVapentake of Anesty against the Prior of S. Iohns of Hierusalem for obstructing the watercourse called Langedyke in the 37th year of the said Kings reign who alleging that there was errour therein it came to be pleaded in the Kings Bench where the Jurors found that the said VVatercourse was stopped in the pasture of Temple Wetherby so that it overâ—lowed the Pasture and land of Thorparth and other Towns adjoyning and that the said VVatercourse ought to be repaired and clensed by the same Prior as in right of his Mannour of Temple Wetherby which being not done he was amerced in xxs. In the same year Thomas de Ingelby VVill. de Fyncheden Miles de Stapelton Thomas de Metham and others were appointed to view and repair the banks c. on the North side of Ayre betwixt Ayrmyn and Ferybrig and to perform all things therein according to the Law and Custome of this Realm So also were VVill. de Fyncheden Godefrey de Folejambe Thomas de Bradwell and others for those betwixt Eyrmyn and Whitley on the South side of the said River And likewise Thomas de Roos of Hamlake Thomas de Ingelby VVill. dâ— Aton and others for those upon Humbre Use Derwent Ayre Skelflete Land dyke Fulne and Done in the parts of Spaldyngmore Hovedenshire Draxsoken and Merskland and the VVapentakes of
Barston and Herthill and betwixt Use and Derwent And the next year following Iohn Moubray Thomas de Ingelby Henry de Barton and others had the like assignation for the Banks c. betwixt the Rivers of Ayre Ouse and Wâ—erfe and to act according to the Law and Custome of this Realm Several other Commissions also were directed to others for the view and repair of the same Banks and all such as were in decay in those parts viz. in the same year to Richard de Ravensere Provost of Beverly VVill. de Fyncheden and others for those upon the Rivers of Use Ayre and Done in the parts of Merskland and Osgodcrosse And to Thomas de Ingelby VVilliam de Fynchedon Will. de Galby Parson of Epworth and others for those in the parts of Balne and Mersland In 43 E. 3. to Sir Thomas de Metham Sir Roger Lascells Knights Roger de Fulthorpe and others for those upon the the coasts of Humbre Ouse Derwent Fulne Langedyke and Skelflete within the Liberty of Hoveden and VVapentake of Herthull and betwixt the Rivers of Ouse and Derwent In 44 E. 3. to Richard de Ravensâ—re Arch-Deacon of Lincolne Will. de Fyncheden Gerard de Usflet and others for those upon the Rivers of Ayre and Done in the parts of Merskland and Osgodcrosse And in the same year to Iohn de Moubray Thomas de Ingelby Henry de Bâ—rton and others for those betwixt the said Rivers of Ayre Ouse and Wherfe In 49 E. 3. to Thomas de Metham Wll. de Mirfeld Henry de Barton and others for those betwixt the Rivers of Wherf Eire and Ouse In 50 E. 3. to Roger de Fulthorpe Will. the Son of VVill. Skipwith Iohn de Brakenholme and others for those betwixt Ouse and Derwent In 51 E. 3. to Richard de Ravensere Clerk Roger de Fulthorpe Iohn Cunstable and others for those upon Use Ayre and Done in the parts of Merskland and Osgodcrosse So also to Roger de Fulthorpe Iohn de Aske VVill. the son of VVill. Skipwith and others for those betwixt Ouse Derwent Spaldyngmore and Hovedenshire To the said King Edward 3. succeeded his Grandson Richard the second who in the second year of his reign directing his Precept to Robert de Haldanby wherein he recited that his said Grandfather considering the waste and spoil whereunto the Country of Mâ—rskland in this County was subject to by the inundations of Humbre Ouse and Trent and that the chardge whereat the Inhabitants therâ—of had been for the defence thereof and still ought to be was so great through their losses by many flouds as that they were not able to withstand the approaching perils without help from others and therefore being most willing to provide for their succour did on the twenty fourth day of Iune in the 43th year of his reign grant unto them all Fines Issues Forfeitures and amerciaments then adjudged by virtue of his Commission to the said Robert and his associates or which might for the future be adjudged before them the said Commissioners then his Justices of Sewers in those parts in their several Sessions to be received and levyed by the hands of the Deputies for the Commonalty of that Country towards the support of their said chardge and expence By which Precept he commanded the said Robert that he should deliver the Extracts of the said Fines issues forfeitures and amerciaments adjudged before him and his said associates from the date of that Commission unto the death of the said King to the end that they might cause them to be levyed by those their Deputies and have them according to the tenor of the same Letters Patents In 4 R. 2. Richard de Ravenseere Clerk Iohn de Botheby Clerk Roger de Fulthorpe Iohn Constable Gerard de Usflet Thomas de Rednesse Iohn de Aske Robert de Haldanby Iohn de Sadyngton VVilliam de Swynflet and Thomas de Egmanton â— were assigned to view and repair those baâ—ks c. upon the Rivers of Use Eyre and Done in the parts of Merskland and Osgodcrosse So also in 6 R. 2. were Roger Fulthorpe Thomas de Metham Iohn de Aske Thomas de Saltmershe and Iohn de Kirkeby for those in the parts of Howedenshire In the same year the Inhabitants of Merskland before-specified and of the Isle of Axholme in Lincolnshire by their Petition to the said King wherein they shewed that whereas King Edward the second did at their humble sute constitute Iohn de Doncastre and others his Justices to clear the River of Done which is the division betwixt those Counties aswell for the passage of ships from Doncastre to the River of Trent as for drayning of the Lands adjacent which said Justices did accordingly cause the said Chanel to be digged from a place called Crulfrethill unto Demmyn in bredth xvi foot and one grain of Barly at the chardge of the said Inhabitants of those parts and thereby reduced the same water into it's antient course and that since the said clensing thereof there were certain bridges and other obstructions made therein so that the passage of ships was again hindred The said King therefore issued out his Commmission to Roger de Fulthorpe Robert de Morton Robert de Haldanby Will. de Swynflete and Robert Gaâ—ke to enquire thereof and to make such redresse therein as should be expedient in that behalf In 7 R. 2. the same Roger de Fulthorpe Stephan del Fall Iohn de Aske Thomas de Saltmersh and Iohn de Kirkeby were constituted Commissioners to view and repair the Banks c. in the parts of Howedeneshire and Wapentake of Herthill and betwixt the Rivers of Ouse and Dexwent The like Commission in 12 R. 2. had Sir Philip Darcy and Sir Will. Fitz Knights Iohn Woderove of Dransford and Thomas Maunsell for those betwixt Ayrmyn and Ferybrigg So also in 15 R. 2. had Sir Iohn le Scrope Sir Gerard de Ousflet Sir Thomas de Redenesse Iohn Woderove and others for those upon Ouse Ayre and Done in the parts of Merskland and Osgodcrosse in this County and to do all things therein according to the Law and Custome of this Realm And in 17 R. 2. Sir Philip Darcy Knight Iohn Wodâ—ove William Gascoigne Thomas Maunsell and Iohn Nevill had the like for those banks c. betwixt Eyrmin and Feribrigg on the South part of Eyre and Brotherton and Neweland on the North side with direction and power to proceed therein according to the Law and Custome of England and the Custome of Romeney Marsh till that time used As also to imprest so many Diggers and other Labourers as they should think fit to imploy in that work allowing them competent wages in regard of the urgent necessity for the expediting thereof In 21 R. 2. upon a sute in the Kings Bench for the clensing of a certain Sewer called Poldike betwixt Hamercon and Non Monketon
Roclyff Alexander Lound Will. Mostone and Thomas Maners for those in the Wapentakes of Hertelle and betwixt Ouse and Derwent and the Liberty of Holdenscire In 30 H. 6. to Iohn Portyngton Sir Thomas Metham Sir Iames Pykering Knights Raphe Babthorpe Guy Roclyff Henry Thwaytes Iohn Vavasour Will. Moston and Thomas Maners for the same Banks c. In 33 H. 6. to Iohn Nevill Esquire Nich. Girlyntone Iohn Vavasoure Geffrey Blakey and Henry Bury for the same So likewise in 37 H. 6. to the said Iohn Nevill Iohn Thwaytes Rob. Drax Raphe Reresby and Richard Knight And in 1 E. 4. to Guy Fairfax Iohn Vavasour Rob. Shefelde Edw. Saltmarshe Geffrey Blakey Iohn Haldynby Iohn Barker and Iohn Yeland In 5 E. 4. to Iohn Earl of Northumberland Sir Robert Constable Knight Iohn Pilkyngton one of the Esquires for the Kings body Iohn Vavasour Alexander Lounde Rob. Sheffeld junior Edw. Saltmersh Rob. Portyngton senior and Leonard Knight for those Banks c. in the Wapentakes of Herthyll and betwixt Ouse and Derwent and liberty of Holdenshire In 6. E. 4. to the same Earl Guy Fairfax Iohn Vavasoure Rob. Sheffeld Edw. Saltmershe Rob. Portyngton senior Geffrey Blakey Iohn Haldenby Iohn Berker and Iohn Yeland for those in the parts of Mersland betwixt the Rivers of Ouse Doone Ayre and Went. In 49 H. 6. to Iohn Marquesse of Montagu Sir Robert Constable Knight Guy Fairfax Iohn Vavasour Rob. Sheffelde Edw. Saltmershe Rob. Portyngtone senior Rob. Lucas and Leonard Knyght for those in the Wapentake of Hâ—rthill and betwixt Ouse and Derwent and liberty of Hovedenâ—shire In 13 E. 4. to Sir Thomas Borough Knight Thomas Fitz William Iohn Haldenby Richard Portyngtone Iohn Egmantone Rob. Haldenby Rob. Sheffeld Edward Saltmershe Iohn Vavasour senior and Thomas Belwode for those within the bounds of Marshland betwixt the Rivers of Ouse Went and Mardyke as also within the Isle of Arholme in Lincolnshire In 19 E. 4. to Richard Duke of Gloucester Henry Earl of Northumberland Sir Robert Constable Knight Sir Tho. Metham Knight Iohn Vavasour senior Iohn Vavasour junior Rob. Sheffeld Edw. Saltmersh Iohn Aske Esquire Rob. Portyngtone and Leonard Knyght for those in the Wapentake of Herthill as also betwixt Ouse and Derwent and liberty of Houdenshire And in 22 E. 4. to the same Commissioners for all the places abovesaid CAP. XXIII NOr were the improvements of this kind lesse antient in that part of the County lying nearer to the Sea for in 13 E. 1. the King being informed that both his own Lands and the Lands of divers of his good subjects were often drowned for the want of repairing certain Banks in Holdernesse on which the violence of the River of Humbre had made sundry breaches assigned Thomas de Normanvill to take a view of them and to see them speedily amended The like Commisâ—â—on in 23 E. 1. had Thomas de Weston then Guardian of all the said Kings lands in that part of this Shire So likewise in 1 E. 2. had Miles de Stapeltone and Raphe Lelle and in 2 E. 2. Will. de Vaus and the said Raphe Lelle In 4 E. 2. Iohn de Lisle Thomas de Fisheburne Iohn de Sutton and Adam de Hoptune were constituted Commissioners for the view and repair of the banks c. betwixt Hull and Paphel In 5 E. 2. the King being informed that the Sewer betwixt the Port of Hedone and his Mannour of Brustwyk wanted clensing and repair and that the chardge thereof in regard of his Demesnes there belonged to himself directed his special Precept to Edmund de Mauley then his Guardian of that Lordship commanding him to take order for to scour and repair the same In 6 E. 2. Will. de Houke Alexander de Cave and Robert de Sandale goverâ—our of the Town of Kingston upon Hull were assigned to view and repair the Banks upon the coasts of the Rivers of Humbre and Hull So also the same year were Robert Tiliol and Gilbert de Stapelton for those upon the coast of Humbre betwixt Esingtone and Hedone And the next year following the same King directed his Precept to the said Robert de Sandale then likewise governour of Hull and Guardian of the said Kings Mannour of Mitone that he should take xll. of the Ferm of the same town of Hull and issue of the Mannour of Mitone aforesaid and imploy the said money in the repair of the Banks and Ditches upon those Rivers of Humbre and Hull according to the discretion and view of Richard de Gretford and other honest men of that town And the same year had Walt. de Faucumberge the elder Herbert de S. Quintin Iohn de Barton of Oswaldkirke appointment to view and repair the Banks that were then in decay either upon the Sea-coast or coast of Humbre within the precinct of Holdernesse in this County In 9 E. 2. Iohn de L'isle Iohn de Donecaster and Robert de Sandale were directed to view and repair the banks c. for safeguard of the Mannour of Mytone neer Kingston upon Hull which had forcibly andriotously been broken in the night time by Gerard de Useflet Rich. de Anlouby Raphe de Nevill and others and to enquire touching that misdemeanour The like Commission in 10 E. 2. was directed to Robert de Hastang Alexander de Cave and Robert de Hedon to enquire of the breach of those Banks by Loretta the VVidow of Iohn de Usflete Iohn her son Gerard de Usflete and others In 12 E. 2. Robert Constable of Burton Gilbert de Rishetone and Rob. de Hetone were assigned to view and repair the Banks and Ditches upon the coast of the Sea and water of Humbre in these parts and in the Wapentake of Dykering in Yorkshire The like appointment in 1 E. 3. had Robert de Constable Robert de Hedon Rob. de Burton and Iohn de Thwaits So also in 10 E. 3. had Iohn Sutton of Holdernesse Simon de Grimesby Thomas de Burton and Amand de Forthingham In 12 E. 3. Margerie the VVidow of Robert de Botheby and the Burgesses of Hedon in Holdernesse did by divers Petitions exhibited to the King and his Council in Parliament represent unto them that whereas by a certain Sewer called the Sturch which goeth from the Town of Bond brustwyk through the midst of Hedon unto the River of Humbre and betwixt the lands of the said Kings Teâ—ants of his Mannour of Brustwyk residing at Bond brustwyk on the one part and the Lands of the said Margerie at Ryhill on the other all the said lands on both sides had been drayned time out of mind and not by any other Sewer And that by pretence of a certain Mandate from the said King under his privy Seal obtained at the sute of some of his said Tenants threatning to oppresse the said Margerie and alleging
that the course thereof had been newly diverted by her out of it's antient Chanel which Mandate being directed unto Simon de Grimesby the said Kings Steward there requiring him to reduce the same into it's old course divers trenches were made upon the banks thereof in the grounds of her the said Margerie at Ryhill through which it extended in several places where no current of water had ever been till that time by a number of armed people in those parts insomuch as the Lands and Meadows of her the said Margerie which lay neer to that Sewer were totally overflowed by the tides of Humbre and aswell she the said Margerie in danger to lose the whole profit of her said Lands and Meadows as those Burgesses who held the said Town of Hedon of the King by a certain yearly Ferm and for their better paying thereof used to receive much Commodity by Boats and other Vessels that had wont to be carryed to that Town by the water of the said Sewer which by the making of those trenches was then dryed up The King therefore for remedy thereof gave Commission to Iohn de Stonore Iohn de Molyns Robert Parnyng and Hugh de Berwyk to view the same and to rectifie what was amisse therein In 14 E. 3. Raphe de Bulmere Iohn de Sutton Iohn de Meux Thomas de Burton and Thomas de Cayton were assigned to view and repair the Banks c. upon the coast of Humbre in the Towns of Frismersh Tharlesthorpe Kayngham Ryel Burton Pidse and Halsham The like assignation in 16 E. 3. had Robert de Hilton Will. L'engleys Iohn le Constable of Halsham and Walter de Waldegrave for those in the Towns of Patrington Frisemersk Tharlesthorpe Otrygham Weynestede Frothingham Newsum Rymmeswell Outhorne Wythornes Redmayr Holaym Risum Holmton Thorpe juxta Wellewyk and Penysthorpe So also had Herbert de S. Quintin Richard de Ros Iohn de Sourdenhale and Robert de Wythornwyk for those from Lamwath bridge Northwards within this liberty of Holdernesse The chardge in supporting of which Banks and Sewers was such that the Inhabitants of Frismerk finding it very burthensome did in 18 E. 3. by Petition to the King and his Counsel in Parliament exhibited complained that their lands were often overflowed by the tides of Humbre and that they had been at a constant and very great chardge for the safeguard of them so that they could not pay such taxes and impositions as they had done being lesse able to maintain their said Banks for preservation of their Town than formerly and therefore humbly besought him that taking the premisses into consideration he would command that the Fifteen then granted to him in Parliament by the Commonalty of this Realm for two years ensuing as also all other Assessments for the future might be ratâ—d according to the value of the goods and Catalls which they then had in that Town VVhereupon the King compassionating their condition assigned Michael de Wathe Iohn de Constable of Hasham Robert de Sprotle Clerk and Iohn Sturmy his Commissioners to enquire thereof VVho did accordingly and certified that the said lands were very often overflowed by the before-specified River of Humbre as also that the third part thereof were totally destroyed and consumed by the tides and that the said Inhabitants had often been at inestimable costs for the safeguard of that their town and must still be the King therefore deeming it not consonant to rightâ— that they should be unduly chardged in any Tenths Fifteens or other Assessments for their lands so wasted and destroyed directed his Precept to the Assessors and Collectors of the Tenth and Fifteen granted to him by the said Commonalty of this Realm in that Parliament beforespecified requiring them that having farther information touching the value of the movables which they then had in that town they should assesse them accordingly and supersede the collection thereof according to the tax of the old Fifteen By virtue of which Precept the said Inhabitants of Frismerk being assessed at xxvis. viijd. per annum for each of the said two years the King sent his Mandate to the Barons of his Exchequer requiring them that in that Fifteen nor the like for the future to be granted they should not be rated at any greater summ The like Mandate was also directed to the Collectors of VVools for the Est-Rithing of this County for a proportionable abatement to the Inhabitants of the said Town of Frismerk upon the same considerations In 26 E. 3. Thomas Metham William Playce and Henry Greystoke were constituted Commissioners for to set up certain metes and bound-marks in the Kings Marshes and Fishings within the parts of Holdernesse in the presence and with the advice of honest and trusty persons of the Country so that the said King and others might have full knowledge of their severals in those Marshes and Fishings In the same year Iohn Sutton of Holdernesse Thomas de Seton Will. de Skipwith and Iohn de Wilton were appointed to view the Banks c. upon the coast of Humbre betwixt the Towns of Hesele and Ravensere as also upon the coast of Hull betwixt Beverley and Kingston upon Hull So also were Sir Robert de Hilton Knight Illard de Usflete Iohn de Bilton Peter de Grymesby and Will. de Hoton for those within the Precincts of Holdernesse and Ravensere unto Wistede in this County In 30 E. 3. the King being informed that the tides in the Rivers of Humbre and Hull did then flow higher by four foot than they had wont to do by reason whereof the common Road-way leading from the Town of Anlaby to Kingston upon Hull as also the lands and Pastures lying betwixt both those places and the Town of Hesell were overflowed and consumed And being also advertised that it would be necessary that the antient Ditch which had extended from the said Town of Anlaby to Anlaby ker should be new clensed and enlarged for the space of twelve foot in bredth and that from thence a new Ditch of xxiiij foot in bredth should be made extending to the Pasture of Miton neer unto the said Town of Kingston upon Hull and so through the midst of that Pasture unto the same town of Kingston by which Ditches the said waters at every tide might passe to and fro And that the said way ought to be raised much higher the said King by his Letters Paâ—ents bearing date the tenth of May in the year abovesaid assigned Thomas Ughtred Gilbert Chasteleyn Will. de Skipwith Thomas de Ingelby Iohn de Bentele and Iohn de Wilton to cause the premisses to be effected How long the tides upon this coast kept their course so much higher than they had formerly done I am not able to say but 't is like that they did so for no short time after there being scarce a year in the succeeding part of this
Kings reign that one or more Commissions were not issued out for repair of the Banks in some place or othâ—r upon this great River For in 31 E. 3. Robert de Hilton Iohn de Faucoberge and Iohn de Wilton were assigned to take care of those at Kaynghamflete then torn and broken by the violence of the VVaves The like Commissions were directed as followeth viz. in 33 E. 3. to Iohn de Botheby Iohn de Faucomberge Will. Fililod and others for all the Banks c. upon the coast of Humbre in these parts of Holdernesse So also to Iohn de Monceaux Iohn de Boutheby Iohn Sturmy and Peter de Grymesby for the same Banks c. and those in the VVapentake of Dykering In 34 E. 3 to Sir Thomas de Meaux and Sir Iohn Monceaux Knights Iohn de Botheby Clerk and others for those from Hull briggs to Ravensere And likewise to Nich. Damory Will. de Skipwith and VVill. Rys for those throughout both the VVapentakes of Holdernesse and Dykering In 36 E. 3. to VVill. de Skipwith Thomas Tirel Sir Iohn de Meaux Knight and others for those from Hullbrigge to Ravensere In 38 E. 3. to Thomas Tyrell VVill. Estfeld Thomas VVythornwyk and VVill. de Hoton In 39 E. 3. to VVilliam de Skipwith Richard de Ravensere and others for those betwixt a place called the Stelle of Sudcote and the town of Kingston upon Hull through the breaches whereof the lands and meadows adjacent were much overflowed In 40 E. 3. to Iohn de Bentele Will. de Estfeld Iohn de Wandesford the elder Thomas de Wythornwyk and Will. de Hoton for those throughout the whole Est Rything of this County In 41 E. 3. to Thomas Tyrell Robert Twyer Will. de Estfeld Iohn de Wilton and others for all those throughout the whole liberty of Holdernesse The like in 42 E. 3. to Thomas de Ingelby Will. de Fyncheden Roger de Kirketon and others So also in 43 E. 3. to Will. de Fyncheden Simon de Heslarton Iohn de Estbury Roger de Fulthorp and VVill. de Estfeld In 47 E. 3. the Abbot of Meaux having bâ—en presented for not clensing and repairing the Ditchâ—s and Sewers in these parts viz. Lambwath Munkedike Holdike and others pleaded that divers towns and persons whom he there nameth ought to contribute with him thereto and that he alone was not bound to undergo that chardge but the Kings Attorney replyed that he alone ought to do it therefore a Jury was summoned In the same year Sir Simon de Heselardton Knight Roger de Fulthorp Thomas de Beverlee and Walter de Ruddestone were appointed to view and repair the Banks c. in the Towns of Lokyngton Watton Scorburgh Kilingwyk and Besewyk which by the descent of the fresh waters from the Woldes into the Rivâ—r of Hull were broken And in 49 E. 3. Roger de Fulthorp Sir Thomas Tyrell and Sir Thomas Sutton Knights with others had the like appointment for those betwixt Cammeryngton Well neer Bonne Brustewyke unto Hedon and thence to Pauleflete upon Humbre directly on each side In 51 E. 3. Peter Hildyard commenced a sute against the Abbot of Meaux for not clensing of a certain Ditch called Munkedyke at Arnold and Ristone by reason whereof his Meadows and Pastures were drowned VVhereunto the Abbot answered that he had sufficiently scoured the same but that the said Peter and his Tenants for their better passage with Carriages did fill up the said Ditch with Timber Hay Straw and Dung so that the water was thereby obstructed in it's passage a Jury therefore were summoned c. In 2 R. 3. VVill Skipwith Roger de Fulthorpe Iohn Constable of Halsham Robert de Hilton Iohn de S. Quintin Robert de Plesyngton and VVill. de Holme were constituted Commissioners for the view and repair of the Banks c. throughout the whole precinct of Holdernesse In 8 R. 2. the same VVill. de Skipwith with VVill. de Burgh Iohn de Lokton Walter Frost and Will. de Holme had the like assignation for those betwixt Kingston upon Huâ—le and the Towns of Hesil and Anlaby So also in 10 R. 2. had Sir Iohn de S. Quintin Knight Iohn de Lokton Will. de Holme Robert Sturemy Hugh de Arderne and William Hundegate for those upon the River of Hull and parts adjacent from the towns of Killingwyk Scoreburgh Watton Besewyk Lokyngton and Rotsee to the Towns of Ake Eske Erughome and the Mannour of Berghe In the same year the King having received information that there was a certain Ditch at Rosse and Burton-Pydese newly made whereby divers Brooks were hindred of their antient course and the rain descending thereinto overflowed the Queens lands and meadows at Burton aforesaid and in other places he assigned Sir Iohn Conestable and Sir Iohn de S. Quintin Knights Iohn Frankish Rob. Sturmy and Iohn Redenesse to enquire thereof c. In 11 R. 2. Sir Peter de Bukton and Iohn de Thornholme together with the said Sir Iohn de S. Quintin and others were appointed to view and repair the Banks c. from the said towns of Kyllyngwike Scorburgh Watton Besewyke Lokyngton and Rotsee to Eske Erughome and the said Mannour of Bergh In 13 R. 2. Sir Iohn Constable Sir Iohn Kentwode and Sir Robert Plessynton Knights Thomas Claymond and Iohn Frankysh were assigned to view and repair all the banks c. in these parts of Holdernesse The like assignation in 17 R. 2. had Sir Iohn Constable of Halsham Knight VVilliam Gascoigne Iohn VVodrof VVilliam Holme Will. Hundegate and Hugh Arderne So also in 18 R. 2. had Sir Robert de Hilton Sir Iohn Constable of Halsham and Sir Robert Twyer Knights Iohn Markham VVill. de Holme Robert Tirwhit and Iohn de Rednes with direction to proceed therein according to the Law and Custome of this Realm And in 19 R. 2. Sir Robert Nevill Sir Iohn de Routhe Knights Peter de Nuthill Iames de Hotone Rob. Tirwhit VVill. de Nafreton Hugh de Ardern Iohn de Rednesse and VVill. Skyerne for those at Tyktone In 20 R. 2. Sir Stephan le Scrope of Masham Sir Robert Nevill Sir Iohn de Routh Robert de Garton Clerk Peter de Nuthill Iames de Hoton Rob. Tirwhyt VVill. de Nafredon Hugh de Ardern and Iohn de Redenesse were constituted Commissioners for the view and repair of all those within this liberty of Holdernesse with appointment to act therein according to the Law and Custome of this Realm and the Custome of Romeney marsh The like Commission in 1 H. 4. had Sir Robert Hilton and Sir Gerard Usflete Knights VVill. Gascoigne Rob. Tirwhyt Rich. Beverley and Iohn Rednesse and to do all things therein according to the Law and Custome of this Realme So also had Laurence de Allerthorp Clerk VVill. Gascoigne Rob. Tirwhit
high way which leadeth from the said town of Worsoppe to the Town of Dunham and from thence to the Rivers of Ouse and Eyre on both sides the Rivers of Idul North-Idull Done Wyk and Went in the Counties of Yorke Notingham and Lincolne And to make Statutes and Ordinances necessary thereto consonant to the Laws of Romeney Marsh c. As also to take up so many Labourers upon competent wages in respect of the great and urgent necessity of the work as should be requisite for that imployment So also in 17 H. 6. had Iohn Portyngton Guy Rouclyff Raphe Bapthorpe Peter Arderne Rob. Rouclyff and others for those upon the Sea-coasts and Marshes at Scardeburgh betwixt Southstele and the Hospital of S. Nicholas at Scardeburgh CAP. XXV IN this kind of improvement there was something also in Derbyshire as it seemeth and that very antiently though the particular places be not exprest for in 12 E. 2. there were two Commissions issued to certain persons of quality in this County for to view the banks Ditches and Sewers then broken and in decay in several parts thereof and to cause them to be repaired the first to Will. de Herle Richard de Wylughby Iohn Deincourt and Richard de Whatton and the second to the said Iohn Deincourt and Richard de Whatton together with William de Gretton and Roger de Breton CAP. XXVI TOuching the Banks and Sewers in this County the first mention that I find is in 11 E. 3. there being then a Presentment made in the wapentake of Bersetlawe against several persons for diverting the stream of the River of Iddle into the Hel-dyke without any penalty imposed upon them for so doing but they being summoned to appear in the Kings Bench to answer their doings therein said that the Shireeve had a VVrit to levy xl. upon them for damage the said Shireeve therefore was required by that Court to transmit the said presentment thither In 16 E. 3. the King being informed that the Rivers of Deven Smyte and Kersyk as also certain Ditches and places through which divers waters in certain parts of the vale of Belvoir within the Wapentakes of Bingham and Newerke betwixt the towns of Flintham and Orston so descending into the said River of Devene and thence into Trent did then run and had used to do were so much straightned by sand mud and plantation of trees that by reason thereof and for lack of certain trenches which would have been very necessary in those parts for the drayning and preserving the low grounds and meadows there the Lands Meadows and pastures of many people in those parts had been often overflowed by those waters and did so continue he constituted Iohn de Vaux Geffrey de Staunton and Iohn de Ker his Commissioners to view the said waters and Ditches and to cause new trenches to be digg'd in any of the said lands meadows or pastures there where need should be so that competent satisfaction were made to all such in whose grounds those trenches might happen to be cut according to the true value of the damage which would be thereby done thereto And in 25 E. 3. upon farther information that the said Rivers passing through the VVapentake of Newerk betwixt the towns of Staunton Kilvington Flanbergh Shelton Sibethorpe Syreston Eyleston Stoke Farmedone Thorpe Cotum and Houton and from those towns descending to the said River of Dyvene and thence into Trent were also in such sort obstructed as that the Lands Meadows and Pastures of divers persons were overflowed And moreover that the Bridges and Causeys at Wendlâ—sford Horscroft Bourbrig and Langbrig and divers other bridges and Causeys in those parts that there was scarce any passage at all by them in the VVinter time to the great peril of such as travailed over them the King appointed Geffrey de Staunton Thomas de Sibethorpe Iohn de Sutton Will. de Leyk and Simon de Leyk to view them and to cause new Chanels to be made where need should require making reasonable satisfaction to the owners of those lands through which they were to cut answerable to the damage which they might have thereby In 37 E. 3. Iohn Power Robert de Morton Oliver de Barton and Iohn Stirapp were assigned to view the passage of the River of Idel through the towns of West-Râ—tford Bolin Tilne Sutton Lound Matherseye Scroby Skaftâ—worth Claworth Everton and Herewell and to cause them to be clensed and scoured in regard that by their obstruction with sand weeds and the like the lands and meadows of divers persons had been overflowed and drowned The like Commission in 51 E. 3. had Raphe Lord Basset of Drayton Will. de Skypwith Roger de Kirketone and others for to view the Banks and Sewers betwixt Bykers dyke on both sides in this County and Done hevede and to cause them to be repaired where need was In 1 R. 2. Will. de Skipwith Robert de Morton Oliver de Barton Elias de Thoresby Iohn de Bekering Will. Power of Tylne and Iohn de Whetlay were constituted Commissioners for to view the course of the River Idâ—l through the towns of Elkeslay Gamelston Eton Ordeshale Est-Retford West-Retford Bolum Tylne Sutton Lound Mathersay Thorpe Scroby Scafteworth Claworth Everton Harewell and Hayton which for want of clensing had drowned the Lands of sundry persons and to cause the same to be scoured The like Commission in 18 R. 2. had Henry de Codyngton Clerk Iohn de Markham Sir Iohn de Burton and Sir VVill. Nevill Knights Robert Martell and Thomas de Sutton for certain Gutters in the vale of Belvoir and in the VVapentakes of Bingham and Newerk betwixt the towns of Langar and Bingham by the towns of Flyntham and Hokesworth and Hokesworth Thurvarton and Orston and other places descending unto the River of Dyvene and thence into Trent which Gutters were then also obstructed with sand weeds and other impediments to the great damage of the adjacent grounds by overflowing c. So also in 20 R. 2. had the said Iohn de Markham Sir Iohn Bozoun Knight and Richard Bercotes for the same Gutters and trenches which by reason of the like obstructions for lack of certain trenches that ought to have been made for the drayning of the grounds lying neer them especially overthwart Sireston meadow unto the said River of Devene with power to make new trenches where they should find it necessary and to compell every man having land capable of any benefit thereby according to the proportion thereof for to assist therein In 30 H. 6. Iohn Cardinal and Archbishop of Yorke Iohn Vicount Beaumont Sir Raphe Cromwell Knight Raphe Byngham Iohn Portyngton and others were appointed to view and repair the Banks and Sewâ—rs betwixt Bykers dyke and the River of Done on every side lying within this County and the Counties of Yorke and Lincolne and Confines of the same and
virtue of the Agreement abovesaid did build and plant a Town called Sandtoft with a Church therein placing a Minister there whereunto resorted above two hundred Families of French and Walloon Protestants fled out of their native Country for fear of the Inquisition only to enjoy the free exercise of their Religion here who erected and planted above two hundred habitations for Husbandry and plowed and tilled much of the said twenty four thousand and five hundred Acres of land to the great benefit of the Common wealth All which they enjoyed till about the Month of Iune in the year 1642 that some of the Inhabitants thereabouts pretending they had right of Common said they were not bound by the before-specified Decree and therefore taking advantage of the present distractions for then it was that the Parliament began to raise a powerful Army for the safety of the King's person defence of both Houses of Parliament and of those who had obeyed their Orders and commands and preserving the true Religion Laws Liberties and peace of the Kingdome as their votes and Remonstrances did set forth a vast proportion of money and plate being brought in by the Citizens of London and others for that purpose the King being at that time at Yorke with some slendâ—r guards which they voted to be a levying of warr against his Parliament they arose in tumults brake down the fences and inclosures of four thousand Acres destroyed all the Corn growing and demolished the Houses built thereon And about the beginning of February ensuing they pulled up the Floud-gates of Snow Sewer which by letting in the tides from the River of Trent soon drowned a great part of Hatfield Chase divers persons standing there with Muskets and saying that there they would stay till the whole levell were drowned and the Inhabitants forced to swim away like Ducks and so continued guarding the said Sluse for the space of seven weeks together letting in the tides at evâ—ry full water and keeping the Sluse shut at an ebb And about that time likewise some of the Inhabitants of Miâ—â—erton pulled down another Sluse neer that Town which occasioned the River of Trent to break down the Banks and overflow the whole levell so that the Barns and Stacks of Coâ—n were drowned a yard high at the least And thinking this not to be mischief enough the Inhabitants of the Isle of Axholme did about Michaelmasse in the year 1645 tumultuously throw down a great part of the Banks and filled up the Ditches putting in Cattel into the Corn and Pastures of those that had been Adventurers for the drayning Whereupon the said Participants in this great and costly work by their humble Petition exhibited to the Parliament in December following presented that after the expence of at least two hundred thousand pounds in those works the Tenants of the Mannour of Epworth notwithstanding their consents to that Decree before-specified which had been passed in the Exchequeâ— for settlement of what had been agreed on and set out of that Mannour for the said Participanâ—s and their Tenants had in a tumultuous manner thrown down and laid waste a proportion of at least 74000 Acres of land and destroyed a great quantity of Rape and Corn growing by forcible keeping and depasturing their Cattel thereon as also demolished very many Houses burnt others cut and burned the Plows beat and wounded those that were Plowing or resisted them in any of those their outragious acts and then threatned the drowning of the whole by cuttng of the Banks and misusage of the Sluses and moreover that they resisted the said Pâ—rticipants in levying taxes for the repair of the works to the great damage of the Common wealth in general and scandal to the Justice thereof in case these things should not be restrained and the offenders to be punished For preventing therefore of the like mischiefs and preservation of the peace of the Country it was then ordered by the Lords in Parliament that the Shireeve of the said County of Lincolne and Justices of peace there should upon complaint made to them therein punctually pursue the Statutes made in 13 H. 4. for suppressing of Riots and Routs and call to their assistance if need required the Trained bands of the said County and the Parliaments forces next adjoyning to be aiding and assisting to the said Participants in guarding and keeping these Sluses and Sewers and in repairing what had been so demolished and in levying the Taxes legally imposed tending to the preservation of so good and beneficial a work to the common wealth And for the setling of this businesse they farther ordered that the Shireeve of the County of Lincolne for the time being should upon request to him made by the said Participants appoint such a Deputy within the limits of the same levell for the sudden aiding and assisting of them when need should require as they from time to time did desire And that this Order should be forthwith published in the several Parish-Churches and Market-Towns of this County Which course being thus taken for restraint of those their tumultuous and riotous practices seven of the Inhabitants of the said Mannour of Epworth brought their actions at Law against the said Participants for recovering of what had been so formerly setled by the before specified Decree with their own consents Whereupon the said Participants exhibiting their Bill in the Exchequer Chamber for establishing their possession against those seven obtained this Order viz. that the Kings Solicitor general should proceed upon the same in that Court with all convenient speed and in the mean time the possessâ—ion of the lands in question to be held in quiet by the Plantiffs as it had been formerly setled by the said Court and enjoyed at any time since the said Decree made and likewise that their sutes at Law should be stayed by the Injunction of the same Court untill the hearing of the cause or that the Court gave farther order therein Upon which Injunction the Shireeve had a Writ of assistance and came with near a hundred persons to quiet the possession and set up the Banks of those 4000 Acres first laid waste But one Daniell Noddel Solicitor for the before-mentioned Inhabitants hearing of the said Shireeve's coming got together about four hundred men and forced him with all his assistants to flie and having so done demolished what he the said Shireeve had before caused to be set up The Participants therefore being thus forcibly kept out of possession brought their Bill to hearing which the said Noddel discerning he drew in to his aid Lieutenant Colonell Iohn Lilburne a person of a most turbulent Spirit and who since dyed a Quaker and Major Iohn Wildeman and whilst the cause was hearing joyned with the said Inhabitants in a farther Riot on the remaining 3400 Acres which till then had been kept up impounding the Tenants Cattel and refusing to admit of Replevins and so forced them to what rates
Peter de Skremy and Gilbert de Toutheby for those betwixt Grimesâ—y and Boston In 2 E. 3. the Burgesses of Grimesby by their Petiâ—ion to the King and his Council did represent that whereas divers Ships had used in time past to land in that Port with goods and several kinds of Merchandize to the great beneâ—it of the said Town and of the parts adjacent And that the same Port was then so choakt up with mud and filth that they could not come in at all Whereupon they humbly besought him that he would grant to the said Burgesses their hâ—irs and successors for the advantage of that Town the water of Friskeneye near thereto with liberty to cut a Chanel unto their Port through the midst of a certain common of Pasture belonging to those Burgesses which Common was the said Kings soil to the intent that by the current thereof the mud and other impediments might be scouted out of the said Haven The King therefore desiring to be certified whether he might condescend thereunto without any damage or inconvenience to himself or any other did assign Robert de Malberthorpe Peter de Ludyngton and Gilbert de Toutheby to enquire thereof About two years after this the Abbot of Louth parke impleaded divers of the Inhabitants of Somercotes for stopping a certain Sewer there with dung and earth by which means the water overflowed two hundred Acres of his land sowed with Corn there and at Cokerington Whereunto they answered that the said Abbot had caused a certain trench called Skiterfletdyke to be made at Cokerington by which trench the water went out of the before-specified Sewer and passed to Somercotes and drowned the lands and meadows of that Town and that they observing what damage accrued thereby it being made xl years before â—or preservation of the lands belonging to the said Abby did then stop it up for the safeguard of their own lands but what determination was made therein I find not In 8 E. 3. Iohn de Brenkelde Iohn de Crosholme junior Roger de Nevill and Robert de Grenefeld were constituted Commissioners for the view and repair of those Banks and Sewers betwixt Burton Stather and Gaynesburgh In 14 E. 3. the King being informed that there was a certain Sewer called Calsaa in Merskland within this Province of Lindsey which extended it self from a certain place called Herleholme unto the Sea and which had been antiently made for preserving the adjacent parts against the flouds of fresh waters descending that way was then so straightned and obstructed by divers persons inhabiting in those Towns which do lye on each side thereof that the water which ought to passe through it to the Sea could not have such a current as it wont he therefore assigned Adam de VVelle Iohn de Kirketon VVill. de la Lande and Iohn de Brynhill his Commissioners to view the same and to take order for the speedy clearing thereof In 16 E. 3. the said Adam de VVelle Iohn de Hardreshulle Thomas Priory of Markeby Richard Parson of the Church of Wythurne Iohn de Binkhull and Iohn de Somercotes were appointed to view and repair the Banks Ditches and Sewers upon the Sea-coast in the Wapentach of Coleswath The like appointment in 19 E. 3. had Iohn de Wylughby Peter de Scremby VVill. de Lokborne and Iohn de Somercotes for those betwixt Grimesby and Boston In 21 E. 3. the King being informed that the course of the River of Wytherne from Wytherne bridge to Herleholme and so to Thedelbrigg thence to Saltflet Haven was so choakt up with dung and filth as also through planting of Trees on the banks thereof by divers of the Inhabitants thereabouts that the lands and Tenements of sundry persons lying near the said River were overflowed by the fresh waters which could not by reason of those obstructions descend through that Chanel as they had formerly done he therefore constituted Simon Fitz Rauâ—â— Richard de Goushill Iohn Totill of Lincolne and Robert Totill his Commissioners to view the same and to cause it to be enlarged to as great a bredth as it had in times past been of Divers Commissions likewise had divers persons for the view of other banks and Sewers in this Province viz. in 23 E. 3. VVill de Friskeney Alexander de Gibthorpe and Hugh de Braytoft for those near Waynflete In 25 E. 3. Iohn de Willughby Iohn de Orreby Iohn de Kirkton and others for those betwixt Ingoldmels and Germethorpe So also had Gilbert de Umfravill Earl of Angos Iohn de Sutton Peter Bavâ—nt Iohn le Druyne and Will. de Stayne for those upon the Sea-coast betwixt Malberthorpe and Trossethorpe In 26 E. 3. the said Gilbert Earl of Angos Nich. de Cantilupe Will. de Skipwith Robert de Kirkeswold and others for those betwixt Boston and Barton In 28 E. 3. Sir Iohn de Willughby Sir Will. de Toutheby and Sir Peter Bavent Knights Robert de Elkyngton and Stephan Toures for those betwixt Ingelâ—mâ—â—s and Grimesby In 30 E. 3. Will de Skipwith Iohn de Gaunt Adam de Wodethorpe and Robert de Elkyngton for those from Waynflete to Grimesby and to proceed therein according to the Law and Custome of this Realm In 32 E. 3. upon divers complaints then made unto the King that there was a certain Causey called Hildyke which is the Kings High way from Boston towards the River Humbre and divers banks in the Town of Sibceye so ruinous and broken that the men of those parts suffered much damage thereby he appointed Simon Symeon Iohn de Alkebarowe Robert de Elkyngton and Robert Malbys to enquire by the Oaths of lawful men of this Province and of Holand who ought to repair the same The next year following Will. Haâ—lay Rob. de Elkyngton Iohn de Hagh and Rob. Gunnays were assigned to view the Banks and Ditches from Saltflet Haven to Waynflet and to cause them to be repaired where need â—equired The like assignation in 34 E. 3. had Peter Bavant Will. Haulay Rob. de Elkyngton VVill. de Stayne and Thomas de Cumberworth for those from Anderby Haven to the Haven of Germethorpe So likewise in 36 E. 3. had VVill. de Huntyngfeld VVill. de Skypwith VVill. de Swynythwayt and others for those betwixt Wrangle and Grymesâ—y In 37 E. 3. Will. de Huntyngfeld Godefrey de Foljaumbe VVill. de Hauley and others were appointed to view and repair the Banks and Sewers within the Soke of Munby And in 38 E. 3. VVilliam de Skipwith Gâ—defrey de Foljaumbe and others had the like appointment for those from the Town of Wrangill to Barton upon Humbre and to hear and determine all things therein according to the Law and Custome of this Realm In 40 E. 3. upon a Writ of Certiorare directed to Gilbert de Umframvill Earl of Angos and others his
of the Fishing had set up And that Henry Earl of Northumberland of right ought to repair the same Sewer from the Clowes to the Southdykehyrne by reason that he held the Fishing there in severalty as belonging to his Mannour of Thorpe And that the Lords of Bullingbroke and Dalby or their Fermours ought to clense the said Sewer from Southdike hirne unto the Eas ende because they had the fishing there in severalty And they likewise presented that there was a fourth Sewer called Theviscrik beginning in the Mosses of Friskenay at VVilliam Barnagates and extending it self to the Eas end where the four streams do meet and that it ought to be in bredth ten foot and dept five but was then also obstructed by a certain Were which the Fermours of the fishing had made and ought to be repaired by the said Town of Friskenay And that the Sewer called Eas end where the four streams meet ought to be in bredth fourty foot and in depth fourteen to the Sea and repaired by the Soke of Bullingbroke as often as need should require And they farther presented that it would be requisite that a new pair of Floud-gates should be made at the Damme in bredth xij foot and depth according to the discretion of skilful persons And that all the Towns within the Soke of VVapentake of Bolingbroke as also the towns of Wrangle Leake Leverton Benington Butterwick Freston and Tofte ought of right to repair maintain open and shut those Floud-gates at proper times on their own costs and chardges for ever excepting in Timber Iron VVork and also VVages of Carpenters And to the end that all discord betwixt those Towns touching the repair of the said Floud-gates might for the time to come be prevented it was then accorded by and between them with the common assent aswell of the said Duke of Lancaster's Counsel the Lord of Willughby and Abbot of Revesby as of all other Lords and Inhabitants or their Free-holders dwelling in those Towns in form following viz. that every of the said Townsmen should then at the first levy and collect for the said repair the fourth part of such a summ as the same Town had antiently been assessed at to a Fifteen granted and payable to the King by the Commons of England VVhich said summ so levyed to be delivered unto two discreet men to be chosen by four throughout all those Towns who should be obliged from year to year as followeth First two of the Soke of Bullingbroke at the next Court of the Duke of Lancasteâ— at Bullingbroke before Michaelmasse yearly to be held before the Steward or his Deputy there And two other of the Towns within the Wapentake of Skirbeck above named to be chosen from year to year at the said Duke's Court next before Michaelmasse at Wrangle before the Steward thereof or his Deputy which four so to be elected to be aswell of the Tenants of the said Lord as of the Tenants of any other Lords according to discretion And they to meet at Waynflete twice every year viz. once within a month after Easter and Michaelmasse and then to oversee those floud-gates and all the Sewers aforesaid and if any defect should be found in them then to cause them to be repaired and amended with all speed according as in their discretions they should think most meet And that at such their meeting after Easter the said two so elected for those disbursements as aforesaid to render their Account before the said four touching those common repairs and expences And in 17 R. 2. to Sir Philip Tilney Knight Iohn de Crosby Iohn de Rocheford of Boston Iohn Laund of Pynchebek Thomas de Tofte and Iohn Waleys for those betwixt Hildyke and Bolyngbroke and to hear and determine all things therein according to the Law and Custome of this Realm and the Custome of Romeney marsh as also to take up so many Labourers upon competent wages as they should think needfull for that work considering the necessity of expedition therein In 19 R. 2. there was a Presentment made in the Kings Bench in Easter term which was then held at Lincolne by the Jurors of divers VVapeâ—takes in this County that the Marshes of Est Fenne and Westfenne as also divers Lands Meadows and Pastures lying in the towns of Leek Wrangel Frâ—fkeneye and Waynflete betwixt the waters of Wythom and Waynflete were drowned by a great â—undation of water so that all the Inhabitants of those towns and of the Soke and VVapentake of Bolingbroke did wholly lose the benefit of their lands and Marshes there through the defect of a certain floud-gate at Waynflete which was so narrow that the course of the waters passing that way could not go to the Sea and that the town of Waynflete ought to repair that floud-gate as antiently they had wont to do And the said Jurors farther alleged that the same floud-gate was not of bredth and depth sufficient to convey the said water to the Sea and that it would be necessary to have another floud-gate new erected near unto the same of xviij foot in bredth and that the towns of Leek Wranghill Friskeney and Waynflete together with the Soke and VVapentake of Bolingbroke as also all thâ—se which had Common of Pasture in the said Marshes ought to contribute to the making thereof And that when is should be made then the said town of Waynflete to repair and maintain it at their own proper costs untill it should be necessary to make it anew excepting timber and Iron And they said moreover that except this were done both the Marshes lands meadows and Pastures aforesaid and Commons in those towns Soke and wapentake before-specified would wholly be lost And they also said that there was a certain Sewer from Hasend at UUaynflete unto the said Floud-gates wherein the Duke of Lancaster and the Lord of Dalby had fishing who in respect thereof ought to repair and clense the same The Shireeve thereof had command to summon all those Towns to answer this their neglect The next year following the Towns of Dunham Scothorne Reresâ—y and Staynton being presented for neglecting to repair the Sewer called Fen dyke which extends it self from the town of UUelton to Langwath and not denying but that they ought to maintain the same were each of them amerc'd at xld. In the same year the Inhabitants of Wytherin Scrubby UUodethorpe Malteby Besby Hamby Markeby Billesby Alford UUelle Salby Thoresthorpe Riggesby and Aby being presented for not repairing the Sewer called the South gâ—ist lying betwixt Malberthorpe and Trusthorpe which extends it self from a place called Axiltrehirne to the Sea and by which all the course of the water of those towns had used of right to run to the Sea for the safeguard of the said Towns which said Sewers together with the Gote called UUall-gote was then stopt up did put themselves upon the Country the Shireeve therefore had command to summon a Jury
thereupon In the same year also Will. Lord Wilughby Raphe Crumwell Philip Spenser Robert Tirwhit and Robert Cumberworth were appointed to view and repair the Banks and Sewers betwixt Grymesby and Waynflete and to do all things therein according to the Law and Custome of this Realm and the Custome of Romney marsh The like appointment the next year following had the said William Raphe and Philip with Richard Muriell and Albine de Endirby for the same Banks and Sewers and direction to proceed therin according to the Law and Custome of the Marsh. In which year I find it presented that the Sewer called the Ea ought to be repaired from the West end thereof unto the Sea by VValter Athall Fermour of the Duke of Lancaster's â—ishing and VValter Ranson Fermour of the Lord of Dalbye's fishing And that the South-west bank of Lusdyke ought to be repaired by the village of All Saints in UUaynflete As also that the Chanel of Lusdyke from Stordyke unto the Eas end ought to be repaired by the same village And that the Ea from the VVest end thereof unto Normandeepe ought to be repaired by the Fermours of the fishing belonging to the said Duke and to the Lord of Dalby In 1 H. 4. Henry Earl of Northumberland Sir Will. de Wilughby Sir Walter Pedwardyn and Sir Iohn Rochefort Kts Robert Tirwhit Will. Michel and Albine de Enderby had Commission for the view and repair of those Banks and Sewers betwixt Boston and Friskeney with power to hear and determine all things therein according to the Law and Custome of this Realm and the Custome of Romeney marsh and to take so many Diggers and other Labourers upon competent wages in respect of the great and instant necessity as they should think requisite to be imployed in the said work Other Commissions of the like kind were shortly after directed to sundry persons viz. in 6 H. 4. to VVill. de VVylughby Iohn de Rocheford Rob. Elkyngton VVill. de Ludington Thomas Somercotes Thomas de Enderby Iohn Symons and Robert VVhite for those within the precincts of UUrangle to Barton upon Humbre with appointment to proceed therein according to the Law and Custome of this Realm and so likewise in 7 H. 4. to the same VVilliam Iohn Albine de Enderby VVill. de Ludington and others In 9 H. 4. to VVill. Lord VVylughby Sir VValter Talboys and Sir Richard Haunserde Knights Robert Tirwhit Will. de Lodyngton Will. Michel and Thomas Enderby for those betwixt Boston and Trent In 10 H. 4. to Sir Will. de Wylughby and Sir Iohn de Rocheford Knights Will. Lodyngton Thomas Wace Richard de Bradlay and Will. Boleyne for those betwixt Boston and Skegeneys and in divers towns and places within the Sokes of Bolyngbroke and Horncastre with direction to proceed therein according to the Custome of the Marsh and the Law and antient Custome of this Realm In 11 H. 4. to Robert Tirwhit Sir Iohn Rocheford Knight Robert Waterton Iohn Waterton Iohn Skipwyth Will. Lodyngton Richard Tournay Richard Bradley and Thomas Wace for those betwixt Boston and Friskeney and to act therein according to the Law and Custome of this Realm and the Custome antiently used in that place In 12 H. 4 to Robert Lord Wylughby Sir Thomas Wylughby Kt. Robert Tirwhit Robert Waterton and others for those betwixt Boston and UUaynflete with appointment to do all things therein according to the Law and Custome of this Realm The like Commission the same year had Rob. Tirwhit Sir Richard Haunsard Knight Will. Lodyngton Nich. Tournay Thomas Claymond Henry Morley Iohn Skipwith and Robert Feriby for those Banks and Sewers from Littulburgh all along the River of Trent to Humbre and from Bishops brigges on the River of Ancolme to Humbre So also had Thomas VVace Richard Bradley and others for all the Banks and Sewers throughout this whole Province of Lindsey as also for those betwixt Boston and Friskeney before whom sitting at Bullingbrooke on Friday being the Feast day of S. Ambrose the Jurors presented upon Oath that it would be fit for the preservation of the Eastfenne that the Dam of Waynflete be shut throughout the whole year that the salt water being kept out of the wash the grasse and weeds growing therein might be totally destroyed and to be thus stopped up by the towns of the Wapentake of Bullingbroke and the Inhabitants of UUrangle Leake Leverton Benington Butterwik Freston and Tofte in such sort that the water descending from the mountainous parts of Lindsey and running into a certain Sewer called Lusdyke in Lindsey viz. in Thorpe UUainflete and Stepinge should be so kept within the bounds of a certain trench that it might not enter into the said Washe of the Est fenne but keep it course to the Haven of UUaynflete and thence to the main Sea In 13 H. 4. the King by his Attorney impleaded Will. Leveryk of Irby and Isabell his wife for making of a Ditch in a certain place in UUaynflet called Hall dale by means whereof four Sewers which passed the fresh waters from Bullingbroke and other Towns adjacent in Est fenne and UUest fenne became obstructed to the prejudice of the said Kings fishing there and the overflowing of four Acres of his said land In 1 H. 5. Robert Tirwhit Sir Richard Haunsard and Sir William Frank Knights Thomas Enderby Richard Hawe and Simon Louthe were constituted Commissioners for the view and repair of the Banks Sewers and Ditches from Wytherne to the Sea and betwixt Saltfletby and Trusthorpe and to do all things therein according to the Law and Custome of the marsh Divers other Commissions to the like purpose were shortly after directed to sundry other persons viz. in 6 H. 5. to the same Rob. Tirwhit Will. Lodyngton Tho. Cumberworth Roger Flore Thomas Enderby Thomas Somercotes Iohn Kyme and Iohn Langholme for all the Banks and Sewers in this Province of Lindsey In which Commission they had direction to proceed according to the Law and Custome of this Realm In 1 H. 6. to the same Robert Tirwhit Thomas Santone Robert Feryby Robert Wasselyn Henry Morlay and Thomas Belwode for those betwixt the Rivers of Trent and Ankholme wherein they were to act according to the Custome of the Marsh and the Law and Custome of the Realm In 4 H. 6. to Sir Robert Wylughby Sir Raphe Crumwell Sir William Crumwell and Sir Raphe Rochford Knights Walter Talboys Robert Tirwhyt Iohn Kyme Richard Hawe and Iohn Veere for all the Banks Ditches and Sewers throughout this coast of Lindsey In 6 H. 6. to Iohn Beaumont Sir Will. Tirwhit Knight Iohn Ellerker Robert Feryby Iohn Tourney and others for those betwixt Grymesby and Burton Stather In 9 H. 6. to Sir Robert Wylughby Sir Raphe Crumwell and Sir Raphe Rocheford Knights Iohn Ellerker Walter Talboys and others for all within this whole Province of Lindsey
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
the King discerning that all his endeavours were fruitless as to the conquering this Isle by war or power having lost so many men in his attempt to that purpose he at length by the Councel of William then Bishop of Hereford and others determined that all the goods and possessions belonging to that Abby which lay without the compass of the Isle should be seised on and divided amongst his Souldiers to the end that they might keep guards on the outsides thereof Of which the Monks having knowledge they forthwith consulted together their Abbot being returned who dissembling to go with those Earles fled with the ornaments and treasure of the Church to Angerhale and resolved not only to yield peaceably to the King in case he would restore unto them freely and honourably all the lands belonging to their Church but to give him a thousand marks and accordingly sent cunningly without the knowledge of the noble Hereward to make that tender to him the King being then at Warwick who acceptably entertaining it they gave admission to him and his Souldiers to come privately into the Isle when Hereward was gone out with his men to forage to the end that the busineâ—s might be done without resistance which being discovered to Hereward by one of the said Monks whose name was Alwyne the Son of Orgar he grew so enraged that he resolved to set fire on the Church and the Town but at the earnest intreaty and prayer of that Monk wishing him rather to have regard to his own safety as also telling him that the King with all his Army was then at Wyccheford within the distance of one furlong and desiring him that he would secure himself by flight in case he had no mind to make his peace he yielded to those his perswasions because he had often accompanied him in his military adventures and been faithfull to him and thereupon presently betook himself to those his Ships which he had to guard the Isle into a certain large and spacious Meer called Wide not far from Welle this being the seventh year of their so holding of the same Isle against the King and sailed thither in regard there were free passages out of it And there resolving to stay a while employed some of his Souldiers towards Saham to plunder and pillage the Country to whom he sent out Scouts to bring them back to him lest they should be taken Which Scouts finding them in a little Island called Stuntney thought them to be their Enemies and therefore two of them viz. Scarfulte and Broher got amongst the Reedes and with their Swords each shaved the others Crown expecting thereby to find the more favour being taken but at length discovering that they were all of a side they went away together and soon got to their Master who had not been long in the said Meer but that the Country people and the King's Souldiers so beset him that being forced to flee he kill'd his own Horse lest any mean fellow should boast that he had taken him and so getting away into Bruneswald and the great woods of Northamptonshire he very much wasted the Countrey thereabouts with sire and Sword And having thus left this Isle where the vastness and depth of the waters had yielded him such great and so long security for which respect I have made this digression I shall conclude with this Characterâ— which Ingulphus the then Venerable Abbot of Crouland gives of him Porro cum supramemorati Comites Edwinus Morkerus Rogerus Comes Herefordensis Radulfus Comes Southfolciae Waldevus Comes Northumbriae inclytâ— Regi Willielmo repugnarent Helienses paludes cum aliis multis magnatibus similiter exhaeredatis occupantes celiri nuncio Herwardus ad eos accersitus Dux belli Magister militum efficitur ubi tot bellica facinora fecit toties adversarios vicit tot vicibus illusit quod perpetuam laudem meruit quippe qui ruinas suae patriae pereuntis quamdiu potuit sustentavit inultos abire ad inferos non permisit Caeteri optimates se Regi dedentes ejus gratiam tentaverunt solus hic omnibus hoc recusans se subdere distulit ac aliâs divertitâ— id est Therefore when the before mentioned Earls Edwine and Morkere Roger Earl of Hereford Raphe Earl of Suffolk and Waltheof Earl of Northumberland not submitting to the King had together with divers other great men in like sort disherited possessed themselves of the Fenns at Ely they forthwith sent for Hereward and made him General of all their forces where he did so many warlike exploits so often beat his adversaries and so many times deluded them that he obtained lasting renown for the same forasmuch as he did so long as he could sustain the tottering ruines of his Country and was not cruel to his Enemies And when the rest of the Nobles rendred themselves in hope of the King's favour he only refusing would not submit but got away Yet afterwards he made his peace And having issue one only daughter called Turfride married to Hugh de Evermuè Lord of Deping in Lincolnshire with the Forest adjoyning entertaining the said Hugh upon a time at his House in Huntendon it hapned that through a quarrel which arose then betwixt them he was there wretchedly slain by his said Son in law And buried at Crouland CAP. XLI KIng William therefore being now possessed of this Isle which he found so troublesome and chardgable in the gaining thought it no small piece of policy to secure the same from the like danger for the future and therefore having afterwards some difference with Scotland compelled the Abbot to maintain no less than xl Souldiers for the defence thereof which being such persons or their substitutes as held of him by military service had their constant dyet in his Hall as also daily pay at the hands of the Celerer But afterwards it was not long erè that this Conventual Church of Ely became a Cathedral for in the time of King Henry the first Richard the theâ— Abbot not being well pleased to live under the Bishop of Lincolne to whose Dioces Cambridgshire within which this Isle is situate then belonged suggesting to the King that this would be a fit place for an Episcopal see and procuring the Popes consent thereunto obtained his desire therein hoping to have been the first Bishop of this new Dioces but though he was prevented thereof by death yet did not the King neglect to do what he was so sollicited unto and therefore bestowing upon the Bishop of Lincolne the Mannours of Spaldwick Bricklesworth and Bokeden in recompence of the losse which the said Bishop sustained by exempting of the said County of Cambridge from his jurisdiction compleated his purpose therein And to the intent that the revenues of this Bishoprick might afford him an honourable support they reduced the number of Monks which were Lxx. to xl whereupon Hervaeus Bishop of Bangor in Wales
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
the said Deping fen and thereby to adjudge and order aswel from his Majesty being Lord of the soil as from the Adventurers and others interessed therein such proportion of land as might sufficiently bear the chardge of the work And that because his Majesty intended to see that great work of the whole Levell prosecuted according to his first Princely design it being for the Countries good and his own service in such manner as might have just regard to the perfecting of the same with most publick and general advantage to the whole Fens he was farther pleased to declare himself the sole Adventurer aswell of this particular Fen called Deping fen as of the whole great Levell and that he would afterwards in ordering the same have a just respect unto such persons of Honour and others as had any former interest or engagement therein To conclude this Chapter I find by a Law of Sewers made at St. Ives the xvth of October 17 Caroli that the Commissioners therein reciting that whereas the Earl of Exeter had a third part of this Deping fen as also of Spalding and Pinchbek fens and of Gogsland belonging to Crouland by contract made with Captain Thomas Lovell for drayning of the said Fens which being not performed the said Fens did then remain drowned they then decreed that the said Fens should be surveyed by the appointment of Sir William Ayloff and Sir Anthony Thomas undertakers and six Commissioners of Holand and Kesteven and a moytie assigned to the said Sir William and Sir Anthony and their Heirs in recompence of their chardges for drayning thereof and two thirds of all the grounds surrounded lying in Spalding and Weston called Bellesmore being the grounds of Sir Francis Iones Knight and two parts of the grounds called Turpitts lying in Weston aforesaid and a fourth part of the ground called East fen lying in Moulton and in Quaplode and Holbeche the one half After which divers Gentlemen whose names are exprest in the Map here exhibited became Adventurers for the exsiccation thereof and in order thereto caused the River of Welland from Waldram Hall to Spalding and thence to the out-fall to be made wider and deeper The drayn called the Staker draine about xx foot in bredth for to ease the River of Glen together with Hill's drayne and Uernat's drayne they likewise made new and perfected Exeter drayne from Cubbet tunnell almost to the Sea Neer Spalding they also erected a great fluce and made all the partition dikes in such sort as the Map sheweth By which works the water was so well taken off that in Summer this whole Fen yielded great store of grasse and Hay and had been made winter ground in a short time but that the Countrey people taking advantage of the Confusions throughout the whole Kingdome which ensued soon after the Convention of the late long Parliament as is very well known possest themselves thereof so that the Banks and Sewers being neglected by the Adventurers it became again overflowed and so remaineth at this time CAP. XLIV HOw the greatest part of this Province was at first gained from the Sea I have already in the Chapter of this my discourse briefly manifested that therefore which now remaineth to be spoken in reference to it shall be touching the farther improvement thereof by drayning and banking and the support of what was done in that kind before Wherein I purpose to begin with Crouland made famous of old by S. Guthlake an holy Hermite who neer a thousand years since for devotions sake betook himself hither as to a place of the greatest solitude How terrible and hideouâ— the parts hereabouts then were considering the vastnesse of the Fen I need not to make farther relation having elswhere so fully discoursâ—d of them I shall now therefore briefly point at what is most memorable touching the same in order to my present purpose After the death of this pious man S. Guthlake Ethelbald then King of Mercia whose Confessor he had been discerning how renowned he grew for sundry Miracles sought out his Sepulture and having sent for a Monk of Evesham called Kenulph who was then eminent for his holy life as also consulted with him for the gathering of a Covent did in the year of Christ DCCxvi begin the foundation of a goodly Monastery in this place which he indowed with the whole Isle of Crouland bounded with these waters viz. Schepishee towards the East Nene towards the West South Ee on the South and Asendik to the North where the common Sewer then was betwixt Spalding and the said Isle Which tract of ground containeth four miles in length and three in bredth and whereunto belonged those large adjacent Fens opposite to the said Isle on the West part lying on each side the River of Weland that towards the North called Goggislond extending two miles in length from Crouland bridge to Asaph where the entrance into the Isle is and one mile in bredth viz. from the River of Weland on the South side thereof unto Apenholt on the North to the bank of the water The other part of that fen lying Southwards of the said stream of Weland containeth also two miles in length from Crouland bridge to Southlake neer the Chanel opposite to Aspath having two miles also in bredth viz. from the said River of Weland to Fynsâ—tt on the Verge of the River Nene which is on the South side of the same Fen. And because the ground whereon the King designed to erect this Abby was so moyst and Fenny that it could not of it self bear a building of stone he brought an infinite number of mighty piles made of Oak and Alder which he caused to be driven deep into the ground as also a great proportion of firm and hard earth digged nine miles thence and upon those he raised that structure that Oratory which S. Guthlake had there being only of Timber And now though I have already pointed at the extent of this Isle from the words of the before-specified Charter of King Ethelbald neverthelesse because I find it afterwards more exactly set forth by the confirmation of other Kings and that the knowledge of those places therein exprest may give a clearer light unto what I am to say of thâ—se Fenny parts I shall take notice of two other descriptions of the said boundaries that first whereof is by Bertulph King of Mercia in the year of Christ DCCCLi viz. from Aswicktost hirne to Tedwarthar the water of Schâ—pishâ—e having the said Isle on the West part and the fen of Cappelade on the East And from Tedwarthar to Namans land hirne the water of the South Ee bounds it having the same Isle on the North thereof and the wood of Ancarig id est Thorney on the South And from Namans land hirne to Crouland bridge the River of Nene is the limit thereof having the said Isle on the East part and the Fen called Alderlound on the West And from
one Robert de Haâ—les Archdeacon of Lincolne at the reâ—uâ—st of the said Abbot and Covent made a Collection throughout all his Archdeaconry for the maintenance thereof with which moneys so gotten the said Monks of Revesby repaired the same untill about ten years before the exhibiting of the said Presentment but after that time suffered it to go to ruine VVherefore they pâ—ecisely said that the before-specified Abbot and Covent ought to repair and maintain it still and no other And being asked whether that the Abbot and Covent could keep it in repair with the yearly value of the said land they answered that they might And they said likewise that William de Rumare son of the said William did after the death of his Father confirm to the before-specified Abbot and Covent the land above-mentioned in pure alms for the maintenance of that Causey at which time he made the said Abbot and Covent swear that notwithstanding the said confirmation so made to them in pure alms they must repair and maintain the same Causey as they had before that time used to do alleging that for the want of repair thereof divers persons were drowned every year And the said Jurors for the Wapentakes of Kirkâ—tone Ellow and Anelund chosen to enquire concerning a certain Causey called Holand Causey and of the bridge called Peckebrigge said upon their Oaths that in truth one Robert Iokem of Horbelinge antiently gave to the Prior of S. Saviours one messuage and one yard land lying at the head of the said Causey neer to the very site of the said Priory to have and to hold to them and their successors for ever for the reparation and maintenance of the before-specified Causey from the head thereof towards Kesteven to the Innome oâ— Douingtone And for that consideration were those Canons of S. Saviours enfeoffed of the said messuage and land to maintain the same Causey for ever And the same Jurors also said that the before-mentioned Canons did afterwards obtain a Bull from the Pope to exhort the people of the Country to contribute towards the repair of that Causey by means whereof they collected much money and that with those moneys as also with the profit of that messuage and land and other moneys bequeathed unto them by several great men deceased they used to repair the same till within twenty years then last past that they were hindred by reason of a floud that they could not do it And since that time that they imployed those moneys so collected and bequeathed as aforesaid in purchasing of lands And they said directly that those Canons ought to maintain the same Causey from the head of Holand bridge unto the Innome of Doningtone and not any other And that with the revenue of that messuage and what they had so purchased they might very well do it And they said moreover that the Inhabitants of Doningtone ought to repair and maintain the before-specified Causey from that place called the Innome unto the head of the same towards Holand in respect of their lands lying on each side thereof and by reason of the said ground called the Innome granted to them by the Country And as to the said bridge called Peckebrigg they said that before the foundation of the Priory of Spalding there was not any there and that the Prior of Spalding did antiently first build it and being so built that he and his successors did ever afterwards repair it by reason whereof they took Toll of all strangers passing over it and at that time did also so do For which reasons they said that the same Prior and Covent of Spalding ought to maintain the same and no other person whatsoever And being asked of what bredth the said bridge and Causey ought to be they said that the Causey ought to be so broad as that Carts and Carriages might meet thereon and the bridge of Peckebridge so wide as that men riding on Horse back might also meet upon it And because it was found by the said Inquisition that the before-specified Abbot and Covent of Revesâ—y ought to maintain the Causey called North dyke by reason of that land so given unto tâ—eâ— by the before-mentioned William de Rumare And that the Prior and Covent of S. Saviours ought to maintain that part of the said Causey called Holand bridge Causey by reason of those their Lands and Tenements as aforesaid and the men of Deningtone the other part the Shireeve had command to seize the before-specified lands into the Kings hands and to retain them until such time as they should give security for the repairs abovesaid and that this should be done before the Feast of S. Michael then next ensuing The like command he had to distrain the Prior and Covent of Spalding by all the goods which he could find of theirs within his Bayliwick for the repair of the said bridge called Peckebrigge within that time In 50 H. 3. the King being advertised that aswell his own lands as the lands of the Prior of Spaulding and others lying in this province of Holand were in very great danger through the decay of the Banks Ditches Gutters and Sewers in divers parts thereof did assign Iohn le Moyne and Alexander de Montefort to enquire by the Oaths of honest lawful men of the same Province who they were that then had safeguard and preservation by those banks and Sewers against the Sea and ought to repair the same and also to distrain all those that were Land-holders within the Wapentake of Ellowe for to repair the same Banks Ditches c. so that every Acre might be equally assessed whosoever held the same and being so repaired to maintain them in such sort as they ought to do according to the proportions of their Tenements The like Commission had Thomas de Frankton Iohn Beke and the before-specified Alexander de Montefort in 3 E. 1. for the same Banks and Sewers In the same year upon a pleading concerning the Banks lying in a certain place called Cadenham toft it was found that they were in very good repair In 6 E. 1 there was a complaint made to the King on the behalf of Henry de Lacy Earl of Lincolne that he had received extraordinary damage within his Lordship and Lands in Swaneton by inundation of the fenns betwixt Swaneton and Dunnington and other Towns adjacent by reason that the Sewers Ditches and Gutters which had wont to be there in the time of his Ancestors were then obstructed and the Bridges in ruine through the default of those that ought to repair them The said King therefore assigned Raphe de Hengham and William de Norburgh to enquire who ought to repair the same and to distrain them thereto The next year following upon inforformation that the Inhabitants within the Wapentake of Kirketou had sustained much losse by the overflowing of Haute Hundre fen in the said Wapentake in regard that the Sewers Ditches and
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
the next Parliament which was in the xv of Easter in the xvijth year of the said King Edward the third's reign to which Parliament the parties abovesaid came and after divers arguments in the presence of Sir Nicholas de Cantilupe Sir Iohn de Wilughby and others the said Sir Nicholas de Ry did release all his right as abovesaid VVhich release beareth date at Peterborough upon the xvijth of May in the year abovesaid In the same year Thomas de Lucy Sayer de Rochford Thomas de Sibthorpe Iohn parson of the Church of Benington and Laurence de Leeke were appointed to view the Banks Ditches and Sewers within the VVapentake of Skyrbek and to take order for their repair But notwithstanding the before-specified agreement made by the said Abbot of Peterborough with the Prior of Spalding and Sir Nicholas de Rye he was not yet at quiet for that land touching which there had been so much dispute betwixt them For about six years after there was a presentment exhibited into the Kings Bench by divers VVapentakes in this County against the said Abbot of Peterborough for purchasing CCC acres of waste ground in Gosbercherche without License from the King VVhereunto the Abbot pleaded that this Land was not purchased by him but gained from the Sea it being the Custome of the Country and so had been time out of mind that all and singular Lords possessing any Mannours or Lands upon the Sea coast had usually silt and sand more or lesse cast up to their land by the tides and that this land so supposed to be purchased was acquired in that sort All which being proved by the said Abbot the Jurors gave up their verdict accordingly Neverthelesse the said Abbot could not yet be quiet as appears by several other pleadings therein afterwards so that final sentence was not given therein till Easter Term in 41 E. 3. In 23 E. 3. William de Thorpe Philip le Despenser Nich. de Rye Saier de Rochford and others were constituted Commissioners for the view and repair of the Banks and Sewers in this Province And in the same year there were several presentments exhibited against the Abbot of Crouland by the Jurors of divers VVapentakes for stopping of certain Sewers and common high-ways within the Fens So likewise against the Prior of S. Saviours for the not repairing of Brigedyke In 25 E. 3. Saier de Râ—cheford Laurence de Leeke Iohn Mosse Roger de Meres and Will. Baiard were appointed to view the Sea-banks and Ditches of Skirbek and Kirketon Several other Commissions to the like purpose were issued our shortly afterwards viz. in 26 E. 3. to Sir Thomas de Lucy Knight Iohn de Litleburs Roger de Meres and Iohn Rybrede of Spaldâ—ng for the view and repair of all those in the VVapentake of Ellowe which were then in great decay So also to Saier de Rocheford Laurence de Lecke Iohn Mosse and Iohn Claymond for those in the VVapentake of Skirbek The like in 27 E. 3. to Will. de Huntingfeld and the rest last mentioned In 28 E. 3. to Iohn Cleymond Roger de Meres Robert de Spaigne and William de Spaigne for those on the South side of Wythum from the Town of Skirbeâ— to a place called the Shuft In 30 E. 3. to Henry Grene Saier de Rocheford Roger del Mâ—re Will. de Surflete and Iohn de Nessefeld for those betwixt the Towns of S. Saviours and Donyngton In 33 E. 3. to Will. de Huntingfeld Will. de Thorpe Will. de Notton and others for those in the VVapentake of Kirketon And in 34 E. 3. to Sir Nicholas de Rye Knight Iohn Claymond Roger de Meres and others for those within the Towns of Flete and Holbeche By a pleading in 35 E. 3. touching an Inquisition taken about two years before in the presence of Sir Will. de Huntingfeld and others Justices of Sewers for the Wapentake of Kirketon at the prosecution of the Inhabitants of Gosberkirke and Surflete in which Inquisition certain errors were said to be it appeareth that the Jurors then sound that there was a Gutter called Wistard gote in Sotterton then in decay which ought to be repaired by the said Town of Sotterton Also that Wigtoft gote ought to be repaired by the Towns of Wygtoft and Swyneshevâ—d That the Town of Swinesheved ought to repair Swineshed Ee from the North side of Swinesheved unto Byker Ee. That the Towns of Biker Donington Quadring and Gosberkirk ought to repair Biker Ee from the beginning of Biker to the Sea and to make it xxiiij foot in bredth and six foot in depth viz. the Town of Biker from the beginning of Biker to Bonstake and from thence the Town of Donington to Quadriug and from thence Quadring and the Commoners thereof to Gosbâ—rkirke and Gosberkirke to the Sea And that it ought to run all the year They also then presented that the Gutter of Quadring called Angot was broken and that it was necessary that it should be removed neerer to the Sea by an hundred pâ—rches as also that the Ditches wherein the Salt water came should be stopped and that the sides thereof on each part should be raised â—our foot in height which repairs to be always done by those whose lands were drayned thereby And moreover that the Gote called Sangote in Gosberkirke was ruinous and that it ought to be repaired by the Tenants of seven Carucates of land in Surflete and of five Carucates in Gosberkirke according to equal proportions And that the Newgote of Surflete ought to be repaired and made two foot in depth by the said Town of Surflete unto Totisbrige And that the Town of Gosberkirke ought to maintain the Gutter called the Thurgote because that at that time the said Town and Surflete were almost drowned by an arm of the Sea which grew by reason of the said Gutter and Salten Ee. In which Inquisition it appeareth how the said Gutter might be removed to the best advantage for the safeguard of those places and through whose lands it ought to run and of the value thereof And that it ought to be repaired by the Town of Gosberkirke betwixt Alvelode and Surflete As also how Crosse gote ought to be repaired and removed And the said Jurors then presented that the Sea-banks and others belonging to Surflete Gosberkirke and Quadring were too weak and low and that they knew not who ought to repair them Whereupon the Shireeve had command to summon those Towns to appear Who accordingly making their appearance said that they could not deny but that they ought of right to repair them and therefore they were amerc'd and distrained thereto And the Town of Sotterton with all the rest were likewise amerc'd because they came in by great distresse In the same 35 year of King Edward 3. Roger la Warre Will. de Thorpe Robert de Thorpe and others were assigned to
of Crabhous with some lands belonging thereto all being then waste and in the nature of a Fen But afterwards the Inhabitants of that place and of divers other came and with drayning and banking won as much thereof by their industry as they could And that they might the more securely enjoy the same were contenâ— to be Tenants for it unto such great men of whom they held their other lands and upon this occasion by a common consent amongst themâ— was the old Podike first raised about the year MCCxxiij 7 H. 3. Nor was a great part of this Country any other than a Marsh about that time for by that Precept to the Shireeve of Norfolk for giving unto Hubert de Burgo then Justice of England the like possession thereof as he had in King Iohn's time when he went into Poictou for the serviâ—e of that King it was so called and bounded with the Towns of Wigenhale Welle Hagebeche Tilney and Tirington which I take to be little lesse than half Marshland all which was soon after restored to the Church of Ely as having a better interest to it than this great man But notwithstanding the said Bank called Podike so made as hath been said it seems that the Marshland men had no cleer title to the whole soil whereon it was erected Will. Bardolfe at that time Lord oi the Mannors of Stow Wimbotesham and Dounham Lordships lying on the other side of the Ouse chalenging some right therein for in 35 H. 3. they came to an agreement with him by a Fine levyed before the Justices itinerant at Norwich in the xv of S. Martin the principal parties to the said Fine being the then Bishop of Ely the Prior of Lewes the Abbots of Ramsey Dereham and S. Edmundsbuâ—y Thomas de Ingaldesthorp and Will. de Shouldham By which Fine the said Will. Bardolf quitted all his title in the whole Marsh called West fen through which the same bank extended unto the said Bishop Prior Abbots c. and their successors for ever And they to him and his heirs the before-specified old bank viz. Podike and an Cxx acres of marsh with the appurtenances lying in the said West fen within the same bank Northwards containing xij furlongs in bredth About three years after the Sea-banks of this Province wanting repair the Shireeve of Norfolk was required to distrain all those persons in the Lete of Clenchwarton and West Len who were Tenants of such lands as ought to repair those Banks in such sort as they had wont to be repaired for repelling the inundations of the Sea and fresh waters which Tenants to have afterwards allowance for the same from their Landlords What was then done therein I find not but within four years ensuing it appears that the Inhabitants of this Country had exceeding great losse by the breach both of the Sea-banks and those which should have kept off the fresh waters insomuch as the King being advertised thereof commanded the Shireeve of Norfolk that he should forthwith distrain all the Land-holders who might have benefit thereby to repair and maintain those Banks and Ditches according to the proportion of their said lands lying within the bounds of them And the next year following upon more damage hapning by a new inundation of the Sea through the breach of those Banks towards Wisbeche within the liberties of the Bishop of Ely having required the said Bishop to distrain all his Tenants within this Province of Mershland and elswhere within his said liberties who had defence and safeguard thereby according to the quantity of their lands lying within the said Banks to repair and maintain them as they ought and had used to do he sent his Precept to the Shireeâ—e of Cambridgshire thereby chardging him that after the said Bishop had so distrained his said Tenants as abovesaid he the said Shireeve should not dâ—liver any Cattel so taken by way of distresse without the Kings special command In 16 E. 1. Will. de Carleton and Will. de Middilton were constituted Commissioners to enquire of certain breaches in the Banks of Robert de Scales in the Hawe and Ilsington in this Province and to distrain all those who ought to repair them The like Commission had they the next year ensuing for the view and repair of the Banks in Tilney and Ilsington then broken by the raging of the Sea So also in 18 E. 1. had the said Will. de Carleton and Will. de Pageham for the banks called Pokediche Siwellediche Fendiche and Gildangordiche then broken by flouds in divers places In 21 E. 1. the Inhabitants of this Country made a grievous complaint to the King importing that whereas the bank called Pokediche was antiently made and had till that time been maintained by them for the safeguard and preservation of those parts against flouds of water certain Malefactors having a purpose to do them mischief had made a hole in the said bank and did by force and arms hinder those that would have stopt it by reason whereof aswell the tides from the Sea as the fresh watâ—rs overflowed the Pastures lying within the precincts thereof the said King therefore being very sensible of this great injury assigned Peter de Campania Thomas de Hacford and Adam de Shropham to enquire by the Oaths of honest and lawfull men of this County who they were that did make this breach and to hear and determine of that trespasse And the said King being informed that in case the fresh waters coming by Utwell could have their course to the Sea in such sort as that they might not mix with the waters running in Mershland this Country of Mershland by that severing of them would be much amended he commanded the said Commissioners that they should forthwith go to the Town of Utwelle and there take order that the said fresh waters so descending that way should have their due and antient course to the Sea as formerly so that this Country of Marshland might have it's Drayn to the Sea by the same out-fall The next year following the King directing his Commission to Simon de Elysworth and Thomas de Hageford to enquire touching the defects in repair of the Bank called Pokediche as also of other Banks and Sewers in this County the Jurats for the Hundred of Frethbrigge by virtue of the said Commission did upon their Oaths present that through the default of the Town of Wigenhale in making and repairing of their Ditches above the Podyke great losses had hapned in those dayes to these parts of Mershland so that the lands of divers men were drowned by the inundations both from the Sea and fresh waters And they also said that the said Pokedyke could not be sufficiently repaired before the Feast of the Nativity of S. Iohn Baptist for the safeguard thereof and of the Country in regard that certain men of Wigenhale had divers lands lying adjacent to the same Bâ—nk
on one side the great River of the same Town i viz. upon the Southwest part was one and the same and that all the Land-holders on that side thereof were equally preserved and that the safeguard thereof likewise on the other side to the North-east was also all one And that the Causey called Old fen diche was made and repaired by the Parishioners and Tenants of S. Mary S. Peters and S. Germans of Wigenhale and not by the Parishioners of S. Mary Magdalens And it was likewise found that aswell the said Causey of Old fen diche as all other Causeys and Banks of the whole Town of Wigenhale of what kind soever as the Lands and Tenements of all and singular the Tenants of the said Town were preserved by the said banks from inundation and drowning by the Salt waters and that the repair of those Banks tended to the Commodity of the said Tenants of all that Town forasmuch as whilst the said Banks and Ditches were repaired the making and maintaining of those Causeys was no chardge at all And moreover it appeared that by the view of the said Thomas and his associates and by that Inquisition that those Banks which were good at the time of the Agistment made by the before-specified Will. de Carleton were then bad and that many places which were at that time better than ordinary were then by reason of the ebbing and flowing of the Sea much worse Whereupon the said Thomas and his associates thought fit to make a new Agistment for the common safeguard of the said Town of Wigenhale and therefore ordered that the Land-holders there should make good their Banks and Ditches on that side of the said River After this in another Session of the said Thomas de Ingaldesthorpe and William Bataile held at Tirington upon Monday next after the Feast of S. Valentine in the seventeeth year of the said King Edward 2. the Jurors of Wigenhale did ordain and say that it was necessary for the safeguard of the Inhabitants and Land-holders of that Town as often as any distresses should be made upon any persons for the proportion assessed upon them according to what they held or upon the Collectors or Receivers of the moneys so assessed that after the impounding of them by the space of three days or delivery by Replevin they should be prized by honest and lawfull men of the said Town in the presence of the Guardians of the Banks and by the said Guardians exposed to sale and the money received upon such sale â—o be imployed upon the affairs of the Commonalty And that the surplusage of such money over and above the just proportion thus assessed to be restored to the party so distrained Saving to the Guardians of those Banks and their Bedels Bylaw Byscot Triscot and Wopenys according to the Custome of those parts But as the expence in such a constant support of these Banks Ditches Bridges Sluses and Sewers within this Province was great considering the frequent assaults which the Sea in tempestuous seasons did make upon the one side thereof and the fresh waters of so spacious a Fen agitated by boysterous winds and storms especially in the time of extraordinary flouds on the other so for those respects was the regard not small For whereas the whole Hundred of Frethebrigge in this Shire considering the chardges whereunto it lay subject in supporting works of this kind by reason of the like perils had time out of mind in all publick payments whatsoever relating to the whole County enjoyed the exemption from any more than a xij part thereof the Towns of this Province viz. Walsokne Westwalton Walpole Tiringtone Tilney Wigenhale and South Lenne were rated but at a third part of that xij as is evident from the â—aid Kings Precept bearing date 16 March in the xviij year of his reign directed to Constantine de Mortimer William Bernak Roger de Kerdestone and Geffrey de Wyche then Commissioners for the levying and arraying a thousand fourty Foot-Souldiers within this County for his service By which Precept it appears that the certain chardge whereunto this Province stood then exposed was no lesse than a thousand and fifâ—y pounds per annum a vast summe in those days and that within the compasse of xl years before through the raging of the Sea no lesse than seven hundred Acres of land in this Country were utterly lost In 2 E. 3. Thomas de Reppes Richard de Depham and Thomas Shilling were constituted Commissioners for the view and repair of the Banks Ditches and Sewers lying betwixt Wygenhale Tirington and Lenne Episcopi Whereupon the Shireeve had command to summon a Jury to attend them at Islington upon Monday being the Feast day of the Decollation of S. Iohn Baptist Who appearing accordingly presented upon their Oaths that all the Lands and Tenements Common of Pasture and Fishings Gutters Sewers Bridges c. lying on the Sea-coast betwixt Wigenhale Tirington and Lenne Episcopi were within the Towns of Tylney and Islington which is a Hamlet of Tilney and did common together and betwixt which there was no metes or bounds the Parishes being limited by Fees so that they said that the defence of the whole Town of Tiâ—ney and Islington aswell on the South side of Fendiche as on the North towards the Sea was all one And that all the Land-holders of that whole Town were equally secured and defended by all the Sea banks and banks of the River and Fen invironing the said Town of Tilney and Islington And likewise that of necessity there ought to be a new Agistment made and an assignation of banks in the parts aforesaid And moreover that it would be necessary for the preservation of those parts that there should be kays anâ— six shores made betwixt Palmerys old 〈◊〉 gong and the Lands of Sir Iohn de Iâ—â—aldesthorpe at the charge of all the Landholders in those parts And tâ—at every Inhabitant in those parts should do Men werkes according to the number of Acres which they held And that from year to year according to anâ—ient custom there should be câ—osen three Guardians for the safeguard of those parts And that all the Gutters and Sewers should be maintained in common at the charge of all the Landholders there excepting Islington brigge and the house of Robert de Middilton which is done at the charges of Iohn de Engaldesthorpe and the heirs of Sir Robert de Scales and excepting Black diche brigge at Tilney Stow towards the Fen which is done at the charges of the Inhabitants of Walsokne and Emneth But the men of Ilsington who held Lands in the fields called Westfeld Harpe and Sibille were much unsatisfied with what was done by the before specified Commissioners and thereupon informed the King that though they ought not to repair a certain bank called Lesse diche of Tilney or any part of the same nor ever had wont to do and that they neither had Lands
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
banks in sunâ—â—y places drowned many cattel and spoylâ—d a great quantity of corn so that the Inhabitants of Tuney Walpoâ—â— Wâ—lsokne West walton 〈…〉 petitioning the King â—or râ—medy â—â—â—rein he assigned Constantine dâ— Moâ—tiâ—â—er Iohn de Hiderseâ—e and Iohn de la â—â—kele to make enquiry theâ—eof and consider of some speedy way of redrâ—ss Whereupon a Jury was impanelled and sworn who presented upon Oath that the Town of Tilney had a câ—rtain bank towards the Sâ—a on the East part of the said Town extending it self from the Town of Clenchwarton towards Wigenhale and containing in length two miles the charge in râ—pair and mâ—intenance of one mile and an halâ— thereof amounted to Lviiil. xs. viz. for â—very perch xviii d. and the other half mile vil. xs. viz. for â—very pâ—rch vi d. And they said that upon Monday next after the Feast of St. Hillary prâ—câ—ding the same bank was so broken by the raging of the Sea in no less than five places that the Town of Tilney was overflowed with the Sea water and the Lands Meâ—dows and Pastures belonging therâ—to continually drowned for the space of seven days by which means their winter-corn then sowed upon the ground was destroyed as also much of the corn and hay in their Barns with C. Murrons and Lx. Ewes to the damage of CCCl. unto the said Town And they said that before thâ—y could make good that bank called the Indike containing four furlongs and an half in length for the safety of the said Town five Messuages and xl acres of ground which were the Lands of Thomas de Ingaldesthorpe and others with divers goods then therein being were utterly lost to the damage of a Cl. And they said that the Inhabitants of that Town expended in the repairing the said four furlongs and an half of the same Indike xll. and that to make the same good as it antiently had been would require Lxl. more And they said moreover that within the compasse of Lx. years then past one Parish Church with the Parsonage was by the breaking in of the Sea ruined and within xxx years a Mannour house of Robert de Scales and of his Tenants and others xx messuages â— with an hundred Acres of Land utterly lost for ever And they farther said that the same town of Tâ—lney had another Bank on the North side tâ—ereof for its defence towards the Sea viz. in length from Tyrington one mile towards Clâ—nchwarton the repair whereof stood them in xls. by the year And that they had another Bank towards the Fen called Pokediche containing in length one mile for defence thereof against the fresh waters the repair whereof stood them in xls. per anum And that the whole yearly chardge which the said town of Tilney did undergo in the repair of the said Banks Gutters great and small Bridges Kays and Schores with several Sewers for the preservation thereof came to Cxll. And they likewise said that this town of Tilney by that grievous tempest so hapning upon the Monday before-specified lost one Gutter called Scales goule to their damage of xxxl. And that the charge in new making of xij new Gutters great and small five Bridges to be new made or repaired and divers Sewers would amount unto xxxl. which of necessity must be done the Summer following And they said that these dangers did every year much increase upon them in regard that the Fifteen taxed upon them for the two preceding years amounted to Lxl. and the raising arming and arraying of Hobelars and Mariners xxl. there being DCCxlvij acres of land lying within them which belonged to the Abbies of S. Edmundsbury and Dereham and other Religious Houses which were assessed with the Spiritualities and therefore contributed nothing therein And they said that the town of Walpole had a certain Bank on the North part thereof for its defence towards the Sea which Bank extended from the town of Tirington to the Gutter of Waltone called Noâ—â—che gole containing in length three miles whereof two miles would require CCl. per annum chardge and the residue xls. And they also said that upon the before-specified Monday next after the Feast of S. Hillarie the same Bank was so torn by the raging of the Sea that the Inhabitants of the said â—own bestowed xll in the repair thâ—reof And they said morâ—over that in the eighth year of the same Kings reign upon the Eve of S. Andrew a certain Sâ—a-bank at Ristofte broke by the violence of the waves whereby two hundred acres of land were utterly lost for ever And that within thirty years thâ—n last past they likewise lost for ever one Parish Church xx messuages and CCC acres of land And likewise that the Inhabitants of this Town were at the yearly chardge of Lxs. in repair of the Gutters great and small with divers Bridges belonging thereto And that the said Town had also another Bank towards the Fen called Pokediche for defence thereof from the fresh waters which Bank contained one mile in length and stood them in xls. per annum repair And they said that the town of Walsokne had a certain Bank for it's defence towards the Sea extending from Warfanglestowe to Emeneth menys and cotaining in length three miles whereof the repair for one mile amounted to xxvil. per annum viz. for every perch vid. And that the same Bank was so broken by the rage of the Sea upon the before-specified Monday that the Inhabitanâ—s of the said Town were at xxl. costs in repair thereof And that in the eighth year of the Reign of the said King upon the like occasion they spent xxxl And that the yearly chardge in repair of the Gutters great and small and Bridges for safeguard of the T said own amounted to Cs. And they likewise said that the same Town had a certain Bank called Pokediche towards the Fen for defence thereof from the fresh waters which Bank containing one mile in length had xls. per annum bestowed thereon in repairs And they said that the before-specified Inhabitants in repairing of one Gutter at Colevile's Mill in the twelfth year of King Edward the second 's reign and another at Coldhirne in the eighteenth year for drayning the waters from their lands to the Sea expended xl l. And that the stream of the water called Wallenhee which had wont to run towards the Sea under the Sea-bank of Walsokne where it had made so great a depth and hollownesse that the Lands in that Town had a sufficient evacuation of their waters to the Sea thereby being at the sute of the Inhabitants of the Counties of Northampton Cambridge Huntendon and Lincolne made to the King and judgement of his Court diverted towards Wigenhale by Well dam the sands were grown to that height in those Chanels wherein it had formerly passed that the waâ—ers of the said Town of Walsokne could not drayn any longer that way by reason whereof no lesse than CCC Acres
of ground sowed with Winter Corn were in the seventh year of the reign of the said King Edward 3. overflowed and drowned to the damage of fifty pounds viz. every Acre xl d. And in the eighth ninth and tenth yearâ— for want of the like Drayning their losse was xlv l. viz. every year for each Acre xij d. And they said that the Town of West Walton with the Hamlet of Enemeth had a Bank for defence of the Sea beginning at Nobeche gotâ— and extending it self in length to a certain boundary called UUarthanglâ—stoke two miles and an half whereof one mile coâ—t them xl l. And that they had another Bank of defence against the Sea extending it self from a certain place called Mâ—râ—iche to Boxted hirne containing in length three miles the repair whereof did cost yearly in the whole vi l. And they said that the same Bank in UUest Walton was so broke in the VVinter preceding upon the said Monday next after the Feast of S. Hillarie that the Inhabitants of that Town and Hamlet were at Lx l. charge for repair thereof and for safeguard of the same over and above the cost which they yearly had used to be at therein And that in the said eighth year of the before-specified King on the same Eve of S. Andrew the Apostle they lost by the raging of the Sea fourscore Acres of land by reason whereof they were constrained to make a new Sea-bank of four â—urlongs in length which cost fourscore pounds viz. every particle x s. And that in the first year of the said King they lost seven messuages and sevenscore Acres of land and an half by the violence likewise of the Sea And in the tenth year of K. Edw. the second they also lost by the like means xiij messuages and eightscore Acres and an half of Land and in the second year of the same King Edward 2. xij messuages and sixscore Acres of Land And that they had a certain Bank called Pokediche for defence against the fresh waters containing in length one mile which stood them in xl s. per annum chardge And they said that the same Town and Hamlet did maintain three Gutters for drayning away of the fresh water one towards the Sea and two towards the Fen which were new repaired in the ninth year of the then King to the cost and expence of xl l. and that the yearly chardge in repair of them came to xx s. And that in Gutters Pipes Sewers and Bridges they spent yearly no lesse than Lx s. And they said moreover that the four Towns before-mentioned with the Hamlet had a certain Gutter called Knight's gole which then wanted repair as also a certain Sewer to thesame Gutter extending it self five miles in length the chardge in repair whereof amounted to Lx l. And they said that UUigenhale Tirington and South Lenne were neighbouring Towns and that UUigenhale had a certain Bank containing in length seven miles on one side the great River called UUigenhale hee And on the other side of that River a Bank of three miles in length And that they had a certain Bank for defending of the fresh waters as also Bridges Pipes and Sewers Causies and floudgates which occasioned them much expence every year And they said that on the morrow after the Epiphany in the third year of the then King a certain Bank on the West part of the said River by means of the raging of the Sea broke so that the Tides entred and overflowed a thousand Acres of Land sowed with Corn to the great damage of the same Town And that on the West part of the said River by reason of the like tempests hapning upon the Eve of S. Hillarie next before the before-specified Bank was broken and torn so that the tides entred bore down a House and overflowed CC. acres of land sowed with Corn. And that on the Eve of S. Andrew in the eighth year of the same King the said Bank was by the like mishap broken again for the length of three furlongs in a certain place called Burtys bithe insomuch as the tides flowing in thereat overwhelmed a thousand Acres of Land sowed with Corn And that on the morrow after the Feast of S. Hillarie then last past there was by the like means a breach made on the East part of the same River whereby eightscore Acres of Land sowed with Corn were overflowed And they said that the men of Tirington had a certain Sea-bank containing three miles in length and another Bank for defence of the fresh waters as also Gutters Bridges Sewers and Causies which occasioned them great expences every year And that the Gutter called Orehowe was broken on the Eve of S. Hijlarie then last past and likewise another Gutter called Newethrowe by the violence also of the Sea both which did then want repair And that a certain Gutter called Giggesthorne was also so broken that it stood in need of repair And they lastly said that the Town of South Lenne with the Hamlets had a Sea-bank and Sewers with Bridges and Floud-gates which were also very chargable to them The said King therefore much compassionating the great losses which the Inhabitants before-mentioned did sustain by reason of those lamentable breaches in their Banks and inundation of the Sea as aforesaid constituted Iohn Howard senior Gilbert de Hâ—thil Geffrey de Brusierd Iohn de Swaâ—ham and Adam de Walfokne his Commissioners to view the same and to make new Agistments for the same Sea-banks for the safeguard of the Country as often as need should require And the next year following there being a Tenth and Fifteenth to be Assessed and Collected which had been granted to the King in his Parliament held at Notingham about two years before upon the humble Petition of the Inhabitants of Tilneye Walpolâ— Walsoâ—ne and West UUaiton and the Hamlet of Enemethe as also of the Towns of UUigenhale and Tirington exhibited to the said King by which they represented their extraordinary losses by the before-specified inundations desiring that the Assessment might not extent to any other of their Goods and Catalls than what they had remaining after those their disasters the King tenderly commiserating their condition required Constantine de Mortimer and Iohn de Hedersete who were then appointed Collectors thereof in this County that they should not assesse it in the Towns before-mentioned otherwise than according to the direction which they had specially received from himself under his Seal to that purpose whereby Tilney was taxed at xl. UUalpole at xvil. viijs. Walsokne at xijl. UUesâ—waltone with the hamlet at xvil. ijs. UUigenhale at j xil. iiijs. Tiryngton at xvil. ixs. vid. And thereupon he commanded the Treasurer and Barons of his Exchequer that they should for the considerations aforâ—said accept thereof and upon payment of those sums dischardge them of the same In 16 E. 3. Will. Corbet Iohn de Houtone and Edmund Noen were constituted Commissioners
for the view and repair of the Banks Ditches and Sewers throughout all this Country of Marshland And in 20 E. 3. Sir Robert de Causton and Sir William de Dunton Knights Edmund de Gunevyle Parson of the Church of Tyringtone Iohn de Brymmesley Adam de Walsokne and Thomas de Welverton had the like Commission for those Banks in Tyringtone with direction to make new Agistments for the better safeguard of them as often as need should require So also the same year with the like direction and power for making new Agistments had Iohn de Hedersete Robert de Hakeâ—eche Roger de Dersingham Hugh de Walton and Adam de Walsokne for all the Sea-banks throughout this whole Province In the same year the Inhabitants of Wigenhale Walpole Walsokne Tylney Tirington West Walton and the Hamlet of Enemethe complaining to the King that though the Assessors of the Fifteenth granted to the King in Parliament in the xith year of his reign of all their goods movable for the term of three years did tax them the said Inhabitants at lesse sums for the said Fifteen than they had used to be rated at before their losses by the Seas inundation as hath been observed And that though the same persons had often undergone the like since that time neverthelesse the late Assessors of another Fifteenth then granted to the King had exacted from them the antient sum wherewith their said Towns were chardged before they suffered such losses and that the Collectors of VVooll did impose the like rates upon them and not only so but that the Shireeve had endeavoured by distresses to levy the arrears of that old Fifteen whereof by the said Kings special direction they were to have abatement he therefore appointed William de Thorpe Iohn de Walton and Roger Petygard to make enquiry thereof and to certifie the truth in the prâ—misses By virtue of which Commission the said William Iohn and Roger sate at Tylney upon Monday next after the Feast of the Nativity of the blessed Virgin in the year abovesaid before whom the Jurors presented that in and after the xith year of the then King there were destroyed and drowned by the raging of the Sea ten messuages and C. acres of Land in UUigenhale belonging to divers persons and that several other Lands were there dayly overflowed and in danger likewise of being lost And that the Lands and Tenements of the Inhabitants of the said Town did lye on both sides that arm of the Sea which ran through the midst of the said Town And they said that the men of that Town by reason of the beforementioned arm did yearly repair and maintain two Banks the one containing six miles in length and the other three the chardge whereof amounted to Cxxl. per annum and more as by estimation they were given to understand And they likewise said that the before-specified Inhabitants did yearly repair and maintain one Bank called Pokediche containing two miles in length for their defence against the fresh waters the charge whereof came to Cs. per annum and more And they said that in that same xith year and afterwards there were by the said inundation Cxl. Acres of Land in Walpole drowned and for ever lost And that the Inhabitants of that Town did yearly repair and maintain a Sea-bank containing three miles in length which extendeth it self Northwest from the Town of Tyrington unto a certain Floud-gate of Waltone called Nobeche gote for the repair maâ—nâ—enance wherof the Inhabitants of the same Town did yearly expend Cxijl. And that hâ—y did repair and maintain a certain Ditch called Pokediche containing a mile in length for their defence from the fresh waters the charge whereof came to more than xl. per annum besides other new works about those Banks which yearly rose to xll. And they said that in the same xith year and afterwards two Gutters which had been then lately made at Walsokne for avoidance of the fresh waters of that Town towards the Sea were wholly filled up by the raising of silt and utterly destroyed by reason whereof CC. Acres of Land belonging to several men there were every year overflowed in Winter time to the damage of ten pounds to the Inhabitants And they said that the before-specified Inhabitants of that Town did repair and maintain for every acre of land within the same four foot of the Sea-bank for defence of their lands against the Ocean And likewise for every acre of land in the same Town one foot of the Bank of Pokedike for keeping off the fresh waters the charges of both which was more than xxx l. per annum And that they did likewise yearly repair and maintain one Sewer containing five miles in length viz. from the Town of Walsokne to UUigenhale which stood them in more than ten pounds per annum And they said that in the same xith year and afterwards seven messuages and ten acres of land belonging to divers men in the Town of Tilney were by the like outragiousnesse of the Sea drowned and for ever lost and that divers lands of the Inhabitants there were dayly overflowed And they farther said that the said Inhabitants of that Town did yearly repair certain Sea-banks towards the River called Wigenhale Ee viz. from Catysbac-gole to King's gole which contain xxiiij furlongs in length whereof xviij do extend from a certain place called the Hope to Edeyenesgole and were often subverted by the Sea-tides so that the men of that Town did thereby lose a great part of their land yearly And they said that the before-specified Inhabitants were at the yearly charge of three pounds for repair of six furlongs of the said Ditch and for every furlong besides ten Marks And they said moreover that there was a certain Gutter called Scales gole but lately made for safeguard of the lands of those Inhabitants which was then destroyed by the Sea-tides by reason whereof a great part of the said Town was drowned and made yearly much worse to the annual damage of xxl. so that for the better defence of their Lands and Bank they were constrained to make two Scores the charge whereof came to C. Marks which Scores were also by the raging of the Sea overâ—hrown and spoiled to the losse of that Town Cl. And they likewise said that the before-specified Inhabitants did every year expend xxl. in the repair of two Banks viz. Pokediche and Blakediche for defâ—nce of their lands against the fresh waters and that they were at the yearly charge of xxl. more for other common works and likewise xl. for maintenance of their Gutters and Sewers And they said that in the same xith year and afterwards a thousand Acres of land belonging to the Town of Tirington were yearly overflowed by inundation of the fresh waters in regard that the Sluse called Scales gole being destroyed and spoiled by the Sea-Tides as abovesaid did occasion
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
for the Inhabitants of the said Town and that no Law of Sewers could compell them thereto and forasmuch as the King was Lord of the same Town which is likewise the Key and safety of other Towns of his Majesties adjoyning they humbly prayed the furtherance of the said Lords to the King to take care and consideration of them therein Dated at Kings Lynne 20 Ian. 1613. And to adde to these losses such were the Snows that fell in Ianuary and February ensuing which occasioned mighty flouds from the Upland Countreys upon their going away that a great part of this Country was overflowed with the Fresh waters viz. from their Bank called the Edge between their Towns and the Smethe unto the new Po dike through divers breaches between Salters lode and Dounham bridge Moreover about four years after viz. 15 Aug. 1618 16 Iac. the Inhabitants of this Country and parts adjoyning exhibited a Petition to the Commissioners of Sewers shewing that Lynne Haven was through outragiousnesse of the tides made much wider than formerly and did put the Country to an excessive charge in the restraining of its wearing more broad and deep and therefore desired that they would take view thereof and cause it to be straightned according to the presidents of former times limiting such fresh waters as did help to the increase thereof unto their proper out-falls The like Petition did they prefer to the Lords of the Privy Council the 13th of November following Whereupon there was this ensuing order made by that honourable board viz That a special Commission should be directed unto certain Gentlemen indifferently chosen out of all those parts together with the Mayor and some Aldermen of Lynne to consider of the conveniencie or inconveniencie of the work as also to what scantling it should be made narrower and the chardge thereof and so to proceed therein But to respite the executing of the said Commission till according to the Law made in August before for opening the Rivers of UUeland and Nene that work were done But if there were delay in opening of those Rivers and complaint made unto the said Lords thereof some course should be taken for their coercion for preserving of Marshland in the mean time also of the parts adjacent from eminent danger After this viz. upon the tenth of December An. 1619. 17 Iac. the Commissioners of Sewers sitting at Peterborough and having in consideration the setting up of a Sluse at a certain place called the Horshoo such was then the siding of the said Commissioners that the Jury became divided in opinion so that nothing being done therein they signified as much to the Lords of the Council VVhereupon the Inhabitants of Marshland exhibited a Petition to that honourable board imploring their care for the safety of that Country and intimatating that the erection of that intended Sluse would be an apparent overthrow thereof VVhich Petition occasioned the said Lords to write unto the before-mentioned Commissioners by which Letters they desired them to consider of the out-falls to the Sea before they drew down the waters from the high Countries that might oppresse Marshland and the low parts adjoyning in the Counties of Lincolne and Norfolk and wishing them that in case they should differ in opinion how these things might be best effected to make choice of two Commissioners out of each of their Counties who might be instructed to give them true information of their differences and that then they would endeavour to give such farther direction as might best advance the publick good with the least prejudice to the private Whereupon they met at Wisebeche and appointed Mr. Henry Kervill and Mr. Robert Balam with some others to take view of the danger of this Country on Tirington side by the fretting of the Chanel as it then ran and to certifie Who accordingly did view the same and certified that the Chanel of fresh waters as it then ran did very much hurt to Tirington and the whole Country of Marshland and that by conveying more waters that way the whole Country would be indangered and therefore for the beter safety thereof they expressed that they were of opinion that a new Cut made from the four Gotes over Tyd and Sutton Marsh unto King's Creeke would be the best issue for those waters the River Nene being brought from Pâ—terborough to Guyhyrne between sufficient Banks for the better grinding of the out-fall and that the River should be cut straight from the Horshoo to the four Gotes And in a Session of Sewers holden at King's Lynne 23º Iunii 6to Caroli recital being made that whereas the Land-holders of Elme Oldfield in the Isle of Ely at the like Session held at King's Linne 17 Apr. 8º Iacobi obtained a Law for the downfall of water in the said Oldfield Lands through the out-rinde Banks of Marshland under certain conditions and limitations expressed in the said Law and under the pain of xll. by them to be forfieted to the Kings Majesty his heirs and successors in case they should take in any waters out of any other fields in Elme or Welle and the abuse in execution of that Law had been very hurtfull and dangerous to the Country of Marshland and Town of UUigenhall in their several Pastures and Fen-grounds by reason of the abundance of fresh waters coming out of the said Field at a Sluse made in Oldfield Bank called Brokendike more than the own waters of the said Oldfield did afford for that there was no provision in the said Law for stopping them up if they should take in or suffer any forein or other waters to come into the said Oldfield For under colour and pretence of the said Oldfield waters they took into the said Oldfield and Says field other waters and also other waters at the Sluse called Mildam and put into their Oldfield fresh waters out of the River for the filling of their Dikes and so when any great rain fell did put those warers into Marshland and also by means of not sufficient keeping and maintaining the River Banks against Oldfield at Lunges droves end that the River waters did run into the field there very extremely in wet winters and most especially the winter preceding And that whereas at a Session of Sewers holden at Beawford Hall by Fryday bridg 27º Martii 9º Iacobi by a Law of Sewers then and there made the Land-holders and others of Waterseye in Elme had a Drayn made from Fryday bridg in the Dyke of the North side of Needham dike being the Fence-dyke of Oldfield and Say's field and so to Welle and from thence into the old Pow dike of Marshland and so through the old Pow dike at Chamber 's house in Stow and so to the River of Ouse with certain Sluses made upon the said Drayn to stop and restrain the waters when they did arise and exceed the superficies of the grounds By reason whereof when the Slusâ— at
out both in this King's time and K. Edward the second 's viz. in 35 E. 1. to William de Carleton Will. Houward Giles de Mounpinson and Iohn le Bretun In 1. E. 2. to the same Will. Howard Iohn le Bretun and Thomas de Ingoldethorp In 2 E. 2. to Henry de Staunton Iohn le Bretoun Richard de Walsingham and Thomas de Ingoldesthorpe In 6 E. 2. to Iohn de Thorpe Richard de Walsyngham and Thomas de Snyterton for the view of all the Banks Ditches Sewers c. in the Hundreds of Frethebrigge and Clackelose In 10 E. 2 to Iohn de Milford Robert de Maddingle William de Corton and Simon de B ....... for those in the same Hundreds In 15 E. 2. upon a Session of Sewers held at Tirington by Sir Thomas de Ingaldesthorpe Iohn Fytton Iohn de Hotoft and Will. Bataile the Jurors presented upon Oath that the Causey of Watlington called East wrodiche extending from Burfenne to Polberdiche and another Causey in the same Town called Polberdiche reaching from East wrodiche to the Eebrynke of Wigenhale ought to be raised in every low place so as it might be made equal with the highest and to be six foot in bredth throughout at the top And likewise that the Eebrinke at the River of Wigenhale ought to be raised in every place from Pulberdiche to Gerys dam so as it might be full two foot higher than the highest Water-mark which was in the thirteenth year of the said King Edward the second 's reign and to be ten foot broad at the top And that the Causey of Watlington called Gerys dam be raised to the same Levell as it then was in the highest place and to be xvi foot in bredth at the top And they said that the Sewer in the Cornfen of Watlington lying betwixt the Lands of William Chaplein and Iohn Saunfoly on the North part extending it self from the Meadow gate to the Broad beche ought to be scoured and a Bridge of three foot in bredth and as much in height made over the same in the way of Broad beche so that the water might run under the same without the South side of the Beche into the Hending Westward untill it should come to Will. fitz Thomas there divert the water through the midst of the narrow Beche to Skindeslediche then to run in that Ditch unto the Kings High way there a Gutter to be made 3 foot broad 3 foot high through the midst of the Kings high way and so to run in the Ditch betwixt the land of Roger Hestings and Maud Skindwell till it come to the Eebrynke in which place there ought to be a Gutter made three foot in bredth and as much in height through the midst of the said Eebrynke through which the water might passe to UUigenhale And that the said Sewer be clensed throughout so that it might contain eight foot in bredth And they said that the Gutter called Iuresgole and Goseygole with the Gutter running through the midst of the Kings High way opposite to the other ought to be enlarged each of them to the bredth of one foot and as much in height And that the Sewer extending it self from the Kings High way to the before-specified Gutters called Iuresgole and Goseygole ought to be scoured and enlarged to the bredth of six foot And for the repair and enlarging of those Causeys and Sewers that land should be purchased in some placesâ— every acre so imployed to be estimated at 5 Marks And they said that all the before-mentioned Causeys togeâ—her with the Eebrynke and Sewers aforesaid with the Bridges and Gutters ought to be made repaired inlarged and clensed as often as need required at the chardge of those which held Lands or Tenements in the said Cornfen of Walington betwixt the same Causeys or elswhere each man to be assessed according to the proportion of what he held and according to the benefit and safeguard which he had thereby And that there were in the field of Cornfen betwixt those Causeys four hundred and fourscore Acres and one rode of land And they said moreover that the Sewer in the Cornfen of Watlington extending from Eastwrodiche unto Meadow gate betwixt the arable lands meadows Sewers on the West part of Meadow gate from Watlington Hall meadow Southwards unto the Dam and the Sewer from the Lake at the Thwarlbek towards the South betwixt the Flegester and the Common and Westwards toward the Meadow gate on the East side of the Meadow gate Northwards to the Meadow gates end And the Sewer on the East part of the Beche from Polberesdich Southwards to the Gutter passing through the midst of Thurlanegate betwixt the Beche and the Hedlondole And the Sewer from the Calkecotecroft Southwards betwixt the Reyndole and Thurlongpythils and Forkescroft to the Cheker And the Sewer from the Thurlongpightels Southwards betwixt Thurlongate and the Lake to the Dam. And the Sewer from the Gutter passing through the midst of Thurlongate Westwards to Wigenhale crofts betwixt the Dam and Dich furlong And the Sewer from the Dam to Wigenhale crofts and the Dich furlong the Beche Northwards to Skindelesdiche And the Sewer on the East part of the Kings High way from the Dam Northwards unto Polberdich ought to be clensed as often as need should require so that the water coming into those Sewers might passe without any impediment at the chardges of those persons which have lands abutting upon them And that every Sewer should be six foot in bredth And they said that the Causey in Newland and Watlington on the South part of Gerys Dam ought to be raised from the land of Robert atte Dam Eastwardâ— unto the meadow of Peter fitz Iohn And that the Causey froÌ„ Gerys dam to Geylode drove lying at the East had lands in the Newland ought to be raised in every low place as much as where it was then highest and to be six foot in bredth at the top And that the said Causeys ought to be made at the chardges of those which have lands in Newlond quilot according to each mans proportion and the Commodity and defence which they have by them And they said that the Gutter in Newlond through the midst of Ee brynke betwixt the lands of Will. Lucas and of Maude the Daughter of Iohn Geylode And the other Gutter lying betwixt the land of Will. de Clenchwarton and the land of Thomas the Son of Rich. atte Greene ought to be enlarged as aforesaid And another Gutter lying betwixt the land of Thomas Bennyng ought to be enlarged As also another Gutter lying betwixt the Messuage of Will. Seaman and the Messuage of Clarice the Widow of Henry And likewise another Gutter lying betwixt the land of Iohn Leff and Peter Heward And another lying betwixt the land of Will. fitz Thomas called Wadys and the land belonging to the heirs of Thomas Bond And another lying betwixt
Watlington be kept in bredth 12 foot and in depth 6. and the menure cast out of it to be laid upon the Causey on the North part therof for the raising of the same Causey That the Were Bank lately made by the Inhabitants of Walington extending from the great River at Bells drove to Moynes crost leaving in the midst of the Old Ea a Wast to be made of iime and stone 3 foot square and a sufficient Drayn from the same to Geris dam be sufficiently maintained That the Townships of Runcton holme and Watlington do make a Drain from the Pipe lying between Bells drove and Flemings hive to the great Lake of 8 foot wide and 4 foot deep That those which ought to amend the Drains neglecting for 14 dayes the Dike Reeve to perform the work taking for for every peny laid out 3d. Thaâ— the Causey called Fleming hive lying in Runcton holme be made in bredth 16 foot and in height 5 on the North side That Thorpe land gole be maintained 9 foot in bredth and in depth 4. That Stow goole alias Hirne gole be made in bredth 8 foot and in depth 4. That the Sea-banks from Stow bridge to the division between Stow and Dounham be in bredth on the top 8 foot and in height one foot higher than the highest Water-mark That the Drayn in Wimbotesham extending from Midlâ—tons house to the Parsonage be 3 foot broad and 2 foot deep thence to Inghams Corner 5 foot broad and 3 foot deep and thence to Wimbotesham gole in bredth 8 foot and depth 5. That the Drayn in Downham on the East side the River of Ouse extending from Bydewells to the great River be made from Bydwell to Goodcrosse in bredth 3 foot and depth 2. From thence to the Goole dich in bredth 8 foot and depth 4 and from thence to the great River in bredth 10 foot and depth 5. That the Drayn in Dounham by Yerning ditchs extending to Tullymore in Denver be made in bredth 8 foot and depth 5 and the Gool belonging thereto to be repaired That the Banks on the East side of Ouse from Dounham goole to Denver hithe be 6 foot broad at the top and one foot higher than the highest Water-mark That all the Banks of the said River from Denver hithe to West lode and thence to Gunnels lode be on the top 5 foot broad and one foot higher than the highest Water-mark So likewise on the North side of West lode alias Wyssey River extending from Gunnels lode to Shippen lode And from Shippen lode to Helgay bridge to be 12 foot at the bottom 6 foot at the top and in height equal with Helgay Causey And in the seventh year of King Iames the Sea having made a very great breach betwixt the Towns of great Yarnmouth and Happisborow in this County of Norfolk and overflowed and drowned much hard grounds besides the greatest part of the Marshes and low grounds within divers Towns and Parishes not only of this County but also of Suffolk there was a special Act of Parliament then made for the issuing out of Commissions under the great Seal of England for the Survey and view thereof and using such other means for the speedy recovering of them as by the said Act are particularly directed CHAP. XLVI IN 6 H. 3. complaint being made to the King that the Sea-tides had overflowed a great part of Dunwich and the Lands adjacent as also that they did daily encroach more and more thereon so that farther damage was like to happen in case something were not done therein he issued out his Letters Patents unto all the Earls Barons Knights and Freeholders of this County affectionately desiring them that they would apply a proper and speedy remedy thereto And in 3 E. 1. the King directed his Precept to the Constable of Orford Castle that for the better defence of Orford marsh he should cause new Banks to be made where none were before and to repair the old ones in all places where they were defective In 18 E. 1. there was so great and suddain an inundation of the Sea at Gernemuthe and the parts thereabouts that it broke into the Houses and carried out much of their goods and Chests with money and Jewels as also Sheep and other Cattell out of the pastures many whereof were taken up by those who were not the proper owners of them Whereupon the King having information he constituted Will. de Gyselham and Will. de Redham Commissioners to enquire in whose hands they then were and to cause restitution thereof to be made In 3 E. 2. Hervie de Staunton Iohn le Breton Ric. de Walsyngham and Thomas de Ingaldesthorpe were assigned to view the Sea-banks Ditches and Sewers in this County and to take order for their repair where need required The like assignation in 9 E. 2. had Robert de Reydone and Roger Sturmy for all those upon the Coast betwixt Ippeswiche and Donewich And in 31 H. 6. the Abbots of Leyston and Sybeton Thomas Brewes Iohn Harleston Will. Ienney Reginald Rous Iohn Strange and Richard Yakesley were appointed to make the like view from Amynesmere haven unto Rakewarebrigge and from Stonhill to Keyesbrigge and from Rakewarebrigge to Yoxford brigge and to make Statutes and Ordinances according to the Lawes and Customes of Romeney marsh c. as also to take up so many Diggers and other Labourers upon competent wages as should be necessary to be imployed in that work in respect of the great necessity in accelarating thereof for the avoidance of further mischief So also in 36 H. 6. were Sir Robert Corbet Knight Thomas Brewes Iohn Harlestone Henry Grey Reginald Rous and Henry Turnour CHAP. XLVII REturning now Westwards I come to Cambridgshire wherein the largest proportion of this spacious Fenny tract lyeth and in regard that the obstruction of the old natural outfall at Wisebeche not only of that great River Ouse wholy with Grant and likewise a branch of Nene then united to it but of divers Lodes and Lakes besides hath been both the Original and chief cause that the main Level became thus totally overflowed and consequently the occasion of such excessive pains and continual chardge aswell for the preservation of it from utter drowning as recovery of what was so under water I shall next take notice of the manifold endeavours and vast expences in that kind which have been used in order thereto as also of such dreadfull inundations from the Sea by reason of sundry violent tempests or of the same fresh waters which for divers ages have hapned in these parts In the year MCCxxxvi 21. H. 3. on the morrow after Martinmass day and for the space of eight dayes more so boisterous were the winds that the Sea being raised much higher than its usual bounds broke in at Wisebeche and other places of this Country ita quod naviculae pecora necnon hominum maxima
periit multitudo saith Math. Westm. So that of little Vessels Cattel and people very many were destroyed And about seventeen years after there hapned such another wofull accident whereupon the King directed his Precept to the Shireeve of this County requiring him to distrain all those who had Lands within the precinct of the old Banks in these parts of Wisebeche to repair the said Banks as they ought to do according to the quantity of their holdings Which losses though they were very great might the better have been supported had not the before-specified obstruction of the fresh waters annoyed them in a more than ordinary measure which so much increased that in 13 E. 1. the Tenants to the Bishop of Ely in Welle Elme Wisebeche Leverington Neuton and Tyd complained thereof to the King in particular shewing that their Lands in those Towns by the great flux of waters running towards the Sea of Wellestrem and through the defect in repair of the Sewers Bank of Rughmere and other Banks antiently raised and to be made anew from Town to Town were drowned and not only so but that divers of the Inhabitants in those Towns being averse aswell to their own as others benefit did refuse to submit themselves to the Law and Custome of the Fen for remedy thereof the said King therefore constituted Hugh de Balsham then Bishop of Ely and Hugh Peche his Commissioners to make enquiry c. and to cause the said Bank of Rughmere to be repaired at the chardge of those persons whose Lands were preserved from the perill of inundation thereby or if need were to raise another in a more fitting place provided that by such repair and making of Banks from Town to Town no disherison or damage did befall Geffrey de Sandiacre and Clementia his Wife and their Tenants in Neuton and Tyd or any other person whatsoever After this within a few years the Sea-banks in these parts being again broken by the violence of the Tides the same Geffrey de Sandiacre and Iames de Beaumeys were appointed to view them and to take order for their repair But these irruptions of the Sea as they were casuall viz. when the North or North East winds accompanied extraordinary Spring-tides so were they not frequent nor did those flouds so long continue upon the Land as to destroy it by drowning the stagnation of the fresh waters producing much more damage which for want of evacuation for the reasons above-specified were a continual annoyance to the whole Coâ—ntry thereabouts insomuch as the Inhabitants of Marshland discerning the danger to that Province by the increase of those waters did in 21 E. 1. procure a Commission from the King bearing date the xixth of Iune directed to Peter de Campania Thomas de Hakford and Adam de Schropham to enquire farther touching the same and to apply the most proper remedy thereto Who thereupon sitting at Utwell upon Monday after the Feast of S. Peter ad vincula next ensuing and taking into consideration what ought to be done for restoring those waters of Utwell for so that great River of Ouse which had formerly passed that way was then called to their due and antient course did with the assent of the Country ordain that there should be three Dams made one at Utwell bridge another at Lytlelode bâ—idge in Upwell and the third at Fen-dyke-lake in Upwell also And because the Inhabitants of Marshland at whose instance the said Commission was procured perceived that this Ordinance for the making of these three stops would be for their benefit they without any authority from the said Justices given to them or from the Shireeve or any Bayliff of the Hundred did of their own accord and contrary to the tenor of the before-specified Commission make a stop of the said water at Lytle lode aforesaid and so continued it untill by the force of the water with the help of some persons who passed that way with their Boats a part thereof was opened And finding it so opened procured another Commission to Simon de Ellesworth and Thomas de Hagford to enquire thereof Who by by virtue of that Commission sitting at Upwell upon Wednesday next after the Invention of the Holy Crosse in the xxiiith year of the said Kings reign and making enquiry accordingly were answered that they had not any power by their said Commission so to do by reason they had no appointment for the stopping thereof Whereupon the said Thomas de Hâ—gford who was likewise associated with the before-specified Peter de Campania in the first Commission being asked whether himself and his fellow Justices at that time did then consent or give command for the damming of the said water of Lytle lode answered that in the Commission so directed to Peter de Campania and himself there was nothing contained but only touching the waters descending by Utwell without any mention at all of stopping the water of Lytle lode in Upwell and consequently no command to obstruct the same whereupon they the said Simon and Thomas forbore to do any thing farther therein But afterwards the same dayâ— the said Commissioners by virtue of another Precept for the view of Pokediche in Marshland whereof I have in the Chapter of this my discourse already taken notice did receive this following verdict from the Jurors then impanelled and sworn viz. that there was a necessity that the water at Upwell should be stopt at the house of one Raphe Smith of that Town and that the old course thereof should be clensed and enlarged from the Sluse at Elme unto that stop at Upwell xl foot in bredth and made in depth full six foot more than it was at that present And that there was the like necessity that the said water of Up well should have its course by the Lytle lode to a place called Wadyngstowe till such time as the said Sewer were so clensed enlarged and repaired as hath been said And that if the said Chanel called Lytlelode and Wadingstow would not be sufficient to carry those waters that it should be enlarged by the oversight of the Shireeve of Norfolk as need required And it was then also ordained that the Lyttlelode and Wadyngstowe should be kept open untill the before-specified Sewers were clensed viz. till the Gule of August in pursuance of which Ordinance that part of Lytle lode then remaining stopt after the said breach by the power of the waters and Boats so passing that way as hath been said was opened After this viz. in 27 E. 1. the said King directing his Precept to Will. de Carletone and Will. Howard to enquire concerning the breach of the said stop at Lytle lode by reason whereof the water could not have its passage to the Sea accordingly as it had antiently usedâ— they sate at Welle upon Wednesday after the Octaves of Easter and received this following information by the verdict of the
Jurors then impanelled and sworn viz. that Robert Russel Bayliff to the Abbot of Ramseye Iohn Mayner Walter Halleman and others had forcibly broke down that Dam at Smal lode or Lytle lode and that one Richard Curteys had done the like at Wadyugstowe Whereupon the Shireeve had command to take them all and imprison them untill he should receive farther directions therein In 8 E. 2. the King being informed that the water whereby divers persons of Cambridge Huntendon and Northampton shires passed with Ships and Victual from the parts of Lenne to Welle to the great benefit of all the Country and especially of the Town of Holme situate thereupon was obstructed by certain men dwelling thereabouts he therefore assigned Iohn de Butetort Robert de Maddingle and Walter de Mollesworth to enquire thereof The next ensuing year Geffrey de Colvile Robert de Maddyngle Laurence de Burewelle and Iohn le Corouner were appointed to view the Banks and Sewers upon the Sea-coast lying in Tyd Neuton Leveryngton and Wysebeche as also in some Towns of Marshland and the parts adjacent within the Hundred of Wisebeche which were then in decay and to take order for their repair The like Commission had the said Geffrey Robert and Iohn together with Nich. de Houtone in 9 E. 2. And in 17 E. 2. the King receiving farther information concerning the obstruction of the water of Welstreme at the Town of Welle before-mentioned whereby Merchants and others were hindred from passing with their Ships Boats and other Vessels from the Town of Lenne unto Yakesle Holme and other places lying in the Counties of Huntendon and Norfolk in such sort as they had formerly used to do and as the Commission in 8 E. 2. above-specified importeth constituted Iohn de Mutford Walter de Friskeney and Will. de Gosefeld Commissioners to enquire thereof What they did herein I have not seen but in 3 E. 3. which was not long after there was a Presentment exhibited to the Justices Itinerant sitting at Northampton by the Jurors for several Hundreds in that County importing that wheâ—eas the course of the River Nene had antiently been directly from Peterborough unto the Lenâ—e in Norfolk by which Corn VVoo and other Commodities were carryed to that Haven and from thence Victuall and other necessaries that about xxviii years then past Walter de Langetone Bishop of Coventre and Lichfield and Treasurer to King Edward the first Grandfather to the then King did for the drayning of his Mannour of Coldham situate in a Fenny Soil by his power and greatnesse cause a Dam to be made at Utwell in the said County of Norfolk with earth and sand so that no navigable Vessells could afterwards passe to and from Lenne as they had wont to do to the great damage of the said King and his people aswell of that County as of Norfolk Cambridge Huntendon and Lincoln shires and that the same stop of those waters from descending to Lenne did cause the Lands Meadows Pastures and Marshes of Burrough fen and Thorney fen with divers others adjoyning to be overflowed and drowned to the damage of the men of that County CCCl. per annum and upwards And that Edmund Peverell son and heir to Robert Peverell Brother and heir of the said Bishop then holding the said Mannour did maintain and continue the before-specified Dam but by what Authority they knew not the Shireeve of Norfolke had command therefore to summon the said Edmund to answer thereto Who appearing in person and being required to say what he could for the keeping up of the said Dam alleged that the before-specified Bishop dying seized of the said Mannour Robert Peverell entred into it as his Brother and heir and that after the said Roberts death he the said Edmund entring as his son and heir found that water so damm'd as hath been observed without that that the said Dam was so made as aforesaid by the same Bishop or that he the said Edmund had continued and supported the same to the common damage c. as had been presented and thereupon did put himself upon the Country and so likewise did Richard Adelburgh who prosecuted for the King And therefore because it seemed expedient to the Court aswell for the King as for his people that there should be a verdict from the Country on that behalf aswell by Jurors of those Counties wherein the damage was assigned as by Jurors of Norfolk in which County the said Dam was alleged to be made command was given to the Shireeves of Cambridge Duntendon Lincoln and Northampton shires likewise that each of them should bring xij honest and lawfull men whereby the truth might be the better known to appear before the King three weeks after Michaelmass At which time came Adam de Fyncham the King's Attorney but the said Edmund though solemnly called appeared not whereupon a verdict was taken against him by default Nor did the Shireeves of any of the before-mentioned Counties make return of their said Precepts therefore new writs were issued out unto them to the same purpose as above-said returnable upon the xvth of S. Hillarie then next following At which time came the said Adam and the Shireeves of Norfolk and Northampton who alleged that the Writs were so long in coming to their hands that they could be nothing therein howbeit the Shireeve of Cambridge and Huntendonshire returned the names of Jurors but the Shireeve of Lincolnshire sent no answer Whereupon the King issued out a Precept to Geffrey le Scrope and his fellow Justices of the Pleas before himself to be holden whereby he signified to them that the Inhabitants of Marshland in Norfolke had complained and the men of Suffolk and Cambridgshire who had Lands neer unto those parts had exhibited a Petition to him the said King and his Council shewing that whereas some parts of Marshland together with a great proportion of those Counties was lost and destroyed by the inundation of the Salt waters as also of the fresh by reason that the said waters and Sewers had not their right course And that King Edward the first passing that way and taking notice thereof did by the advice of his Council assign William Howard and some other to make enquiry touching the premisses who by Inquisitions taken before them found that those parts could not be any other way preserved than by stopping of a certain water called Welle dam And whereas for that respect they did ordain the before-specified obstruction thereof to be made and that afterwards it was presented before him the said Geffrey his fellow Justices itinerant in the County of Northampton by the procurement of some persons for their own particular advantage that the same obstruction was made to their damage Whereupon they caused Edmund Peverell to be impleaded for it and proceeded so far therein as that the said Edmund submitted to an Inquisition thereof which Inquisition being to be taken before
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
Sandy land under the two Sewers in Elme so that the water of those Fields may run at Rotispipe upon penalty of stopping all the said Sewers And they likewise ordayned that the Sewer on the Southside of the River of Wisebeche beginning from the Goule hirne may have its antient course from that Pipe unto the Pipe lying in Hillary diche under the Sewer of Elme and that the said Pipes be maintained by the Landholders in the new close of Elme and that the said Sewer have its antient course from that Pipe unto Newbridgg drove and there either a Bridge or a sufficient Pipe to be made opposite to the land of Robert Cake and that the said Sewer may have its course from that Bridge or Pipe unto the Pipe in Meesdrove lying under the Sewer of Elme And that the same Pipe be made and repaired in regard it was then broken by the men of Elme if the said Sewer will run any more And that the said Sewer have its antient current from that Pipe unto Ieconnesgate on the Southside of the Nether gate and that a Bridge be made neer unto the messuage of the heirs of Iohn Pateshull over that Sewer and that the said Sewer be clensed and digged whensoeâ—er and wheresoever need required and that the Droves be raised higher with the Earth which is digged out of the said Sewer And lastly they ordained that every Acre lying on the South of Wisebeche and every Acre on the Northside of Elme should pay a peny and more if need require for the repair from Iecons gate of that Sewer and to amend the Pipes and Bridges of the same Sewer and where need required to make them new And moreover that Ieconnesgate be amended and new made when need should be as also that every Field should make the Bridges and Pipes belonging thereto and clense and scour their own Sewers In 41 E. 3. Sir Iohn de Colvill Sir Raphe de Rocheford Hugh Lovet and others were constituted Commissioners for the view and repair of the Banks Ditches and Sewers lying upon the Sea-coast and otherwise betwixt Tyd brigg and the Town of Chaterys The like Commission in 42 E. 3. had Sir Robert del Isle Sir Hugh Lovet and Sir Iohn Vernoun Knights with others for all those in Wisebeche Elme Welle Marche and Marford in this County In 47 E. 3. Iohn Cavendish and other his associats Justices of Sewers by Virtue of the said King's Commission sate at Elme before whom it was presented by the Jurors that a certain Bank antiently made for safeguard of all those Lands betwixt the River of Wisebeche and the River of Welle beginning at the foot-path opposite to the Gate of Wisebeche Castle and so extending it self to Goneldich thence to Bensted hirne thence to Tilney hirne thence to Mareys gate and thence to Charitie Crosse and from thence to Uernouns Corner and so to the River of Welle was then almost broken and in decay by reason whereof divers Lands and Tenements within the precinct thereof were overflowed by the fresh waters to the great damage of all the Landholders there And they said that the said Bank did then contain no more than four foot in height And therefore for the better safeguard of the Town of Wisebeche Elme and Welle they ordained that the said Bank should be raiseâ— three foot higher so that the whole height thereof from the Levell ground might be seaven foot and the thickness thereof at the bottome xxxij foot and at the top xij foot so that the water of the Fen might not any way enter through the same Bank And that every one having Lands Tenements Common of fishing or pasture who might have safeguard defence or benefit by the making or repair of the said Bank or loss for the not doing thereof were obliged according to the proportion of their holding to make the same consonant to the Law and Custome of the Country so that the Lands on the South side the River of Elme should be agisted upon the Bank called the Byshopesoyke and that all other Lands and Tenements betwixt the River of Wisebeche and the River of Elme be agisted upon the Sea-bank and the Fen-bank of Wisebeche and Elme on the North side of the River of Elme And they ordained that it should be lawfull to any man making his part of the said Bank to the Fen to dig and carry away Earth for the repair thereof for the space of ten perches without the said Bank without the contradiction of any man as antiently they had used to do provided that they should not dig within the length of two perches thereof upon penalty of xxs. And they farther ordained that neither the Lord nor any Commoner should depasture any of his Cattel upon the same Bank except Sheep nor make any drists with Cattel over it for the avoiding of future damage thereto upon penalty of a peny for every Beast so driven or depasturing thereon by the knowledge or default of the owner to be paid to the Lord and Commoner to whom the repair thereof belonged so often as he should offend therein And that such Cattel as should be found there depasturing or driven in manner aforesaid upon the same Bank Sheep only excepted to be impounded by the Bayliff of Waltersey or Dike Reeves of Elme Wisebechâ— or Welle at Waltersey or in the Common pound of Elme Wisebeche or Welle now made or to be made by the Lord and Commoners and therein to be detained untill they should satisfy and pay the penalty aforesaid to be imployed in repair of that man's Bank which had received damage by those Cattel And they ordained that eight barrs should be made and set upon the said Bank to hinder the passing of Cattel upon it asweel of Strangers as Commoners the first at Waltersey by the Bishop of Ely the second at the Corner of Bensted hirne the third at Hunterstones by the Bishop and his Tenants of Hunterstones the fourth at the end of Waldersey drove by the Prior of Ely the fift neer the gate of Tilney House by the said Prior of Ely the sixt at Coldham hithe by the Lord of Coldham the seaventh at Charite Crosse by the Fields of Elme and the eighth at the end of Grenediche next to Welle and that the said barrs should be repaired and maintained when need required upon pain of xxs. to be paid by him to the Lord and Commoners who ought to repair them as often as any damage should happen to the Commoners therâ—by Provided nevertheless that every one at the making of his Bank might have free ingress and egress thereto and to amend the same as need requireth and that the penalty aforesaid should be imployed to the repair thereof as aforesaid And that every Dike Reeve of Elme and Wisebeche on the South side of the River of Wisebeche and likewise every Dike Reeve of Welle on the North side of the River of Welle might have power by
that Ordinance to take distresses for the charges in making and repair of the Banks aforsaid as often as need should require aswell on the part of Wisebeche and Welle as on the part of Elme by turns and severally without the contradiction of any one And they ordained that Draymere diche should be repaired and raised higher where need required so that the Commoners might have chase and rechase with their Cattel unto their Commons and that every man having Lands or Tenements adjoyning or abutting upon the said Bank called Draymeresdiche should dig and clense the Frontier of his Land eight foot in bredth and cast the earth so digg'd out upon the same Bank And they likewise ordained that the Bank called the Blackdiche should be amended and repaired at the charge of all the Landholders antiently agisted thereto and that the Sewers of UUaltersey Coldham and Redmorefield with their appurtenancâ—s should be clensed and the Crests of them raised higher and maintained where need required unto the Pipes lying under the River of UUisebeche And that all the Hades of the Lands abutting on those Sewers and upon all other Sewers within that Precinct should be stopped xij foot in bredth so that the water of Lech running through those Sewers should not enter into the fields to the damage of the Lands lying therein And they moreover ordained that one Clow should be made at Hillaryes drove between UUisebeche and Elme at the cost of the Landholders antiently agisted thereto who had wont to make and repair the same And that one other Clow should be made upon the River of UUisebeche neer to the messuage of Thomas Howes Barkere so that the water coming out of the fields of Elme by the passage called Uykorisgote might Drain there in default of a Gote called Dogarde and that a Bank be made from that Clow unto the house of William Maste Bocher on the South side of that Sewer and another Bank from the said Clow unto the house of Thomas Howe Barkere on the other side of the said Sewer for hindring the Sand brought up by the Tides from choaking up of the said Sewer And they likewise ordained that there should be a Causey made neer unto Maryesâ—arre whereof the one end to begin at Maryesbarre and so overthwart beyond the River of Elme unto Loveday diche which Causey to be eight foot in height xij foot in bredth at the top and thirty two foot at the bottom and a Clow made there at the charges of those who were to have benefit thereby for the bringing in fresh water into the River of Elme when need should be And they likewise ordained that every person having Lands or Tenements Common Fishing or Pasture in the Towns of Elme UUisebeche and Welle within the Precinct aforesaid should have his portion upon the Fen-bank before-mentioned to the quantity of his holding according to an agistment thereof to be made anew And likewise each man having Lands or Tenements within the Precinct aforesaid to have his portion upon the Sea-bank beginning at the house of Thomas Mounpesson and extending it self to the Floudgates of Elme and so to UUelle each man for the quantity of his tenure according to a new agistment to be thereof made And they said moreover that the Bank before ordained was then broken for want of repair and that divers Lands and Tenements within the said Precinct were drowned by the Fresh waters to the great damage of all the Landholders there And they also said that the same Bank ought to be repaired aswell in height as in thicknesse so that it might contain in thicknesse xxxii foot at the bottom and at the top xii at the least and in height from the Level ground seven foot And that the men of UUisebeche Elme and UUelle were obliged to the repair and making of the said Bank each man according to the proportion of his holding and that the said Bank could not be preserved nor kept except those men who had Lands and Tenements within the said Precinct were new agisted upon the Bank before ordained And they also presented and ordained that one Bank should be made new and begin at Uernounes Corner upon Bishopsedike and so to extend directly to the Bank of UUelle upon the soyl lately belonging to Hamon de Vernoun in part and in part upon the common soyl and to be of the height and thicknesse abovesaid as also to be done at the charge of all the Landholders for their lands lying betwixt the River of Elme and the River of Welle And being asked of the number of Acres aswell on the South part of the River of UUisebeche unto the River of Elme as on the South part of the same River of Elme unto the River of Welle they answered that there were on the South side of the River of Wisebeche unto the River of Elme five thousand and two hundred Acres and on the South side of the River of Elme to the River of Welle two thousand and ninety Acres Whereupon command was given to the Steward of the said liberty that he should summon all the Land-holders aswell of Elme and Welle and of the Town of Wisebeche on the South side of that River as all others who had Lands or Tenements or any Pasturage or Fishing in Fee or for term of years to appear before the said Justices at Ely upon Thursday next after the Feast of the Epiphany then and there to shew what they had to say for themselves why all the before-specified Ordinances in each point ought not to be inviolably kept for the future At which day came Iohn Payne who then prosecuted for the King and the Steward of Ely and required that Thomas Bishop of Ely who had within the said precinct viz. in the Town of Wisebeche Elme and Welle divers Lands and Tenements and that Iohn Simson of Wisebeche Thomas Mounpesson and others who had also Lands and Tenements within the said Precinct in the Towns aforesaid should be attached to be at Ely before the said Justices at that time to shew as aforesaid And thereupon the said Bishop of Ely Will. Streete Lord of the Mannour of Coldham Sir Iohn Colvill Knight the Prior of Ely the Abbot of Crouland the Abbot of Wendling Iohn Vernoun Will. Newhouse Nich. Makesake Sir Nich. Golofre Knight and Iohn de Crofte of Welle who had Lands and Tenements within the said precinct within those Towns were summoned to appear at that said day to shew cause as abovesaid All which persons came accordingly and it being demanded of them and every of them wherefore the before-specified Ordinances aswell relating to the Town of Wisebeche as those of Elme and Welle ought not in every point to be observed according to the tenor and effect of them they severally answered that as to the repair of the Bank which beginneth over against the Gate of Wisebeche Castle and goeth to Goneldiche thence to Bansted hirne thence to Tylneyhirne thence to Coldham hithe
the same according to that rate And they also presented that there was a Bank made antiently by the Inhabitants of Wisebeche beginning at Sareshirne and extending it self to Turnelake mouth thence to the Pipes of Walterse and so to Elme Fendich by Grasner which Bank was at that time broken for want of repair And they ordained that for the more and better safeguard of all the lands in Elme lying on the South side of the said Bank that it should begin at Goneldiche so crossing the Sewer of Walterse unto Sareshirne and Blackdiche and there a Pipe to be made under the same Bank and so to extend directly to Turnelake mouth and thence to the Pipes of Walterse as antiently it had wont to do and so to the Fen ditch of Elme straight by the Mannour of Walterse Which Bank to be in part repaired and in part made new so that it might be xxiiii foot in bredth at the ground and 4 foot in height from the Level earth and to be repaired as often as need required at the charge of all the Landholders betwixt the same Bank the Bank call'd Drayner diche In 4 R. 2. there was a Session of Sewers held at Elme before Iohn Holt and others then Commissioners upon the Thursday next before the Feast of S. Gregory touching the safeguard of the said Towns of Elme and Welle at which time these ensuing Decrees and Ordinances were made viz. that the portion of the Bank called Bishop's dike which extends it self from the corner of the Bank called Uernoun's corner directly beyond the several land late Hamon Vernoun'sâ— in the Fen unto the corner of the Bank of Will. atte Lake and Iohn atte Delfe of Welle should be new made in the Summer next following as it had been decreed formerly by Iohn Cavendish and his fellow Justices And that the Bank of Welle should be newly agisted like that of Elme as it was also ordained so that all the lands on the side of Welle were to be agisted upon the Bank of UUelle called Bishopsdiche according to their proportion in the like sort as all the lands of Elme were agisted upon that Bank in Elme called Bishosdich And they ordained that the men of Elme should make their moytie thereof and the men of Welle their moytie and maintain repair the same when need should require for the future And they did likewise ordain for the better safeguard of the said bank of Elme and Welle that every man having his portion thereupon should plant VVillows opposite thereto towards the Fen for to break off the force of the waves in Floud times as also for keeping of werk and that upon occasion there should be Stakes in readiness to be made of the said VVillows for reparation thereof And they ordained that if the said VVillows so planted should happen to be destroyed by Cattel or otherwise that they should be doubly replanted again by the owners of the said Cattel or by those which should be guilty of the spoil the very next season ensuing upon lawfull request upon penalty of xld. to be paid to every man suffring hurt in that kind and that the Dike-Reeves of Elme or Welle should levy those penalties upon request made by them who should be so injured and collect the same being so forfeited And they also ordained that the Banks called Needham diche Redmore diche should be repaired and raised higher so that each of them might be 18 foot in thicknesse at the bottom and 7 foot in height and that the said Banks should be joyned together by the making of a Dam over the River of Elme at Fryday bridg of the same thicknesse and height And that the North end of Redmore diche should be annexed to the Bank of Begedale field likewise by a Dam to be made in the most proper place over Coldham Sewer Lilly field and Walterse with Bridges to the said Sewers And that the Grenediche of Welle should be repaired and raised higher in like kind from Sewalesclote unto the Stone Crosse at Welle and a Clow of four foot in bredth and three foot in height be made there at the charges of all the Landholders in Nedeham field aswell on the part of Welle as of Elme And that every man should raise his frontier towards the River of Welle from the Stone Crosse towards Welleshole And that the frontier ............ be raised higher by one foot and all other to the same height as also that soil should be taken in the River for raising of the said Frontiers so that the River of Nedeham might descend into the River of Welle upon penalty of xx s. And that the said piece be levyed by the Dike-Reeves of Elme and Welle and imployed towards the repair of the said Sewer and frontiers which Sewer beginneth at Fryday bridge and extendeth unto the Stone Crosse of Welle aforesaid And lastly that no one should permit their Swine to go upon the said Bank except they were ringed upon penalty of a peny for each Hog as often as they should be found so unringed to be levyed by the Dike-Reeves for the use of the whole Town that the party trespassed upon be likewise recompenced to the value of the damage In 15 R. 2. the Inhabitants of the said Town of Elme complained to the King that whereas their Banks Ditches and Sewers both on the Sea coast and towards the fen were by reason of divers tempests and great flouds much broken that their lands had been for the most part surrounded and did continue in such sort overflowed so that they could in no wise drayn them in regard that they had not any Gutter or Sewer without the Precincts of them as the Inhabitants of other Towns had forasmuch as the soyl where the Inhabitants and Tenants of the said Town used to have their antient Sewers was so much heightned by the silt of the Sea that those Sewers were uterly lost and the water by that means so obstructed as that it could not passe away as it had wont to do which did so impoverish the said Townsmen that many of them were constrained to seek new habitations and the rest likely to do so except some speedy remedy were applyed thereto the said King therefore appointed Sir Thomas de Bardolf Sir Tho. de Morley Sir Hugh de Louche Sir Iohn Colvill Sir Philip de Tilney Sir Iohn Inglesthorpe Sir Reginald Hakebeche and Sir Edm. Noon Kts Will. Thirning Tho. Pynchebek Iohn Markham Will. Gascoign Iohn Richeford Iohn Styvecle Tho. de Welles and Iohn Mareschall to view the same and to take such order therein as they should deem meet proceeding according to the Law and Custome of this Realm The like appointment had they for the Sewers in Wisebeche Elme and Welle so choak'd up with silt as abovesaid After this viz. in 16 H. 6. at a Session of Sewers held at Wisebeche by Iohn Colvile Gilb. Haultofte and others upon Saturday next
at Bullok's lane end and leading to Bridg drove through the midst of the lands of Geffrey Sutton as also one Crest from the Stow of Geffrey Sutton unto the Pipe in Meesdrove in height two foot and in bredth ten and one Clow at the Pipe of Meesdrove on the South side of the River with two doors thereupon each of three foot in bredth with two Keys whereof one to be kept by the Bayliff of Waltersey and the other by the Guardian of the Marsh on the South side of the said River And that the Town of Leverington ought and had used to make and repair one Crest in Leverington aforesaid beginning at Neuton Gore dyke and leading to Bondysgate in Leveryngton and thence to Rechmond in the said Town four foot high and eight foot broad And that the Tenants of the lands in Harpsfield in Leverington ought and had used to raise a Crest in a certain place called Two lanes beginning at Shoffendike in Leverington and leading to Blak lane in the same Town in height four foot and bredth eight And that the landholders in Southingham in Leverington ought and had used to raise one Bank called Overdiche in Leverington aforesaid beginning at Bellymil brigg and leading to Parsons drove end in the same Town And thence to Meysbrigge to be repaired by the landholders of Northinham thence to Blakenfield by the landholders of Fenhalfiâ—ld thence to Bondysgate by the landholders of Blakelanefield and that it ought to be two foot higher than it was at that time in the highest place and in bredth xii foot Also that the Landholders of Fenhalfeild in Leverington ought and had used to make one High-way called Polly lane beginning at Shoâ—endike in Leverington and leading to Marslane brigge in the said Town four foot in height and eight foot in bredth And that the said Town of Leverington ought to maintain one Sewer beginning at the Corner of the antient Sewer in Leverington neer to Reginald Corners house thwarting the Drove called Fytton drove unto the House of Iohn Stokyll and so to the Sea and the said Sewer ought to be xij foot in bredth only and that it was then more than xx foot in bredth Likewise that the Bishop of Ely and Will. Vennour for his Mannour of Coldham and his Participants for his Tenements in Elme ought and had used to repair one Bridge at Falgote in Leverington which was then in decay And that the Town of Tyd S. Giles ought and had used to clense all the Sewers within the said Town beginning at the Sea-bank and extending to the Fen-bank where need should require As also that the said Town of Tyd ought and had used to maintain two Ward Diches in the same Town called the Threding and Sea dike beginning at Averys trees in Tyd aforesaid and leading to Newfen Dike in the same Town in height six foot and bredth xij And likewise that the said Town ought and had used to repair and maintain one Bank called Martin's fen dike in Tyd aforesaid beginning at Averyes trees and leading to Wesingham brigge in height six foot and in bredth xij And that the Town of Neuton ought to clense all the Sewers within the same beginning at the Sea-bank of Neuton aforesaid and extending to the Marsh Bank where need should require And that the Landholders of the thousand Acres in Wisebeche on the South side of the River and of the three hundred Acres in Elme ought and had used to repair one Pipe at Kikking drove lane in the same Town in height three foot and in bredth eight At the same Session the said Jurors likewise presented that the Sea-bank beginning at Tydde gote in Tydde S. Giles neer the County of Lincolne and extending it self unto Bevys Crosse in Wisebeche aforesaid ought to be fifty foot in height viz. from the first sloping thereof unto the Crest and in bredth at the top six foot and that all the Landholders in the said Town of Wisebeche as also in Leverington Tydde S. Giles and Neutone every one according to his proportion did use time out of mind to repair maintain and make the said Bank and so aswell by the said Custome as by the judgment and assignation of certain Justices of Sewers in the time of the King's Progenitors were obliged to do according to the quantity of their Land Whereupon forasmuch as it seeming meet to the said Commissioners both by the Verdict of the Jurors aforesaid and by their own view thereof all parties concerned therein then appearing and the Statutes of Romeney marsh in the like cases published being seen and understood they decreed and ordained for the safeguard of all those Towns that every Landholder in them should according to the proportion of his tenure repair maintain and new make the same as often as any defect might happen to be therein according to the proportion of his tenure And they presented that the Landholders in the old Market of Wisebeche aforesaid did use time out of mind to repair maintain and new make a certain Sea-bank from Beuvise Crosse unto the great Bridg of Wysebeche on the West part of the River of Wyse aforesaidâ— viz. every man against his own Land and that the same Bank ought to be in height ten foot and in bredth at the top xij Whereupon the said Justices for the considerations aforesaid did decree the same accordingly and that no one should cast dung or any thing else into the said River nor make stamps nor lay Sege-rekes nor Dunghills from Geyhirne to the Sea upon the brink thereof whereby the current of the water might be straightned or stopt upon penalty of xxs. to be paid to the Bishop by him or them in whom the defect in repairing maintaining or new-making of the said Ditch or any other the Ordinances or Statutes aforesaid should for the future be found as often as the same should be And they also said that the Landholders of the Town hende of Wisebeche on the North side of the River Use had used and ought time out of mind to repair maintain and new make a certain Bank called the Gebrynck from the great Bridge in Wisebeche unto Sozâ—l dyke And that the Landholders in the Fen hende of Wisebeche did use for all the time aforesaid to repair maintain and new-make a certain Bank called the New dyke from Sozel dyke to Gye hirne and another Bank called the Fen dyke reaching from Gey hirne aforesaid unto Piggesdrove Crosse and that the Landholders in the Fen hende of Wisebeche were not able to repair the said Banks of New dyke viz. from Sozeldike to Gey hirne and the Fen dyke from Gey hyrne to Piggesdrove Crosse. Whereupon the said Commissioners decreed that aswell the Landholders from the Townhende on the North part the River of Weyse as the Landholders of the Fenhende of Wisebeche should thenceforth repair maintain and new make the said Bank viz. the Sea-bank called the Ebrynke on the North side of the
charge of each man according to the proportion of his lands And they moreover decreed that all the Sewers belonging to every hamlet of Wisebeche from the Fen-banks to the Sea-bank should be well scoured and clensed at certain times in the year by those who antiently used to scour them so that the water might have its course to the Sea without any impediment and that all the Bridges Clows Pipes and Gutters within every of those Towns be repaired and clensed well and sufficiently in all places needfull by those unto whom they belonged as aforesaid so that no loss might accrew to any person whatsoever for default of such repair And that all Banks called Wardyches betwixt every Town of the said Hundred should be raised higher repaired and maintained well and sufficiently by those unto whom they appertain as aforesaid viz. in bredth xvi foot and of a fitting height to stop the water of each Town from other so that no damage might accrue to any of them for want thereof upon penalty oâ— xls. to be paid to the Bishop of Ely for the time being And likewise that all the Crests aswell betwixt every Field as bordering on all the Sewers of each Town within the said Hundred should be raised higher repaired and maintained well and sufficiently in height bredth and thickness by those also to whom they belonged upon the like penalty of xls. to be paid to the Bishop of Ely for the time being And that no man thenceforth should presume to cut or cause to be cut any Wardiche or Crest within any of the Towns of the said Hundred under the like penalty of xls. to be paid to the said Bishop of Ely as often as there should be an offence of that kind committed And that the river of Wisebeche should be scoured and enlarged in all places defective from Gye hirne to the Sea as often as need required by all the Landholders within the said HuÌ„dred of Wisebeche each man according to the proportion of his holding And the said Jurors also presented that the Bank called Grenedyke of Welle which beginneth at the Stone Cross in Welle and extendeth to Sewalesclote in Welle should be raised and repaired higher than it was at that time by two foot and in bredth xij by the Landholders in Budbeche each man according to his proportion And that the Abbot of Bury ought to repair one Bank in Welle leading from Sewalesclote in Welle to Lakebrigge and make it higher than it was at that time by two foot and in bredth at the top eight foot And that the Landholders in Sayerfâ—ld in Welle ought to repair a certain Bank in Welle called Thornedyche from Lowndesâ—rove to the Stone Cross in that Town and to make it higher by two foot than it was at that time and in bredth eight foot And that a certain drove in Welle called Mâ—â—sdrove leading from Grenedyke unto Pyldrove be made higher by three foot than at that time it was and in bredth xij foot by the Landholders in Budbeche within the said Drove And the said Jurors also presented that there then was and had antiently been a certain Crest in Uppewelle called Pysdrove leading from Grenedike in Uppewelle unto the great River of Welle aforesaid which Crest ought and had antiently been made and repaired by the Landholders in the said Town of Uppewelle And they said that it was necessary for the safeguard of the parts adjacent that the said Crest should be made perfect and higher than it was at that time in the lowest places by three foot and to be eight foot in bredth at the top And that all persons having Landâ— or Tenements in the Field called Rudbeche in Outwelle and Uppewelle ought to repair a certain Gutter neer unto the messuage of Simon King in Outwelle aforesaid whereby the water of Rudbeche might run into the great River of Outwelle And they also said that for the safeguard of the Lands within the said Field of Rudbeche â—hat the same Gutter ought to be new made with Stone by those persons who had Lands or Tenements in the said Field of Rudbeche Whereupon the before-specified Commissioners did decree and ordain that the said Bank called Grenedyke as also that leading from Sewalesclote to Lakebrigge and the Bank called Thornedyche with the Droves called Meysdrove and Pyisdrove should be raised and repaired in manner and form above-specified by the said parties each man according to the proportion of his tenure as often as need should require and likewise that the said Gutter lying neer the messuage of Simon King should be new made of stone by the parties abovesaid And they moreover presented that the Bank called Elmfendiche beginning at Kekysmylle and leading to Benstedehyrne hence to Tilnâ—y hirnâ— and thence to Mareysdam in Elme ought to be raised three foot higher and to be sâ—x foot in bredth at the top according to an antient agistment And that the Bank called Redmoredyke in Elme beginning at Coldham Câ—ouse and leading to Fryday brigge in the same Town ought to be well and sufficiently repaired by all the Landholders in Redmoresfield and Walyschâ—feld by new agistments to be thereof made and to be made higher by four foot than it was at that time and eight foot in bredth at the top As also that the Bank which beginneth at Fryday-brigge aforesaid on the Westside of the River and reacheth to Maryesdam ought to be made three foot in height more than it was and to contain eight foot in bredth at the top And they also presented that the Bank called the Gebrynke in Elme on the East side of the River there beginning at S. Gilâ—s Drove and extending to Fryday brigge and from thence to Mareysdam ought to be repaired and raised higher than it was at that present by three foot and to be twelve foot in bredth at the top and this to be done by the Landholders in Oldfield and Needham according to an antient agistment And that the Bank called Nedham dyche in Elme beginning at Thornedyche in Welle and extending to Coldham Kyrfe in Elme ought to be repaired and raised higher in all the low places thereofâ— so that it might be equal to the Bank of Iohn Blewyk which is upon the same Dyche And they likewise presented that all persons having Lands abutting upon a certain Sewer in Elme which leadeth from the hades of the Lands in Nedham from Fryday brigge to Knytesdyke in the same Town and thence to S. Christophers Chapel in Outewelle and thence to the Clow at the Stone Cross in Outewelle ought and had used to repair and scour the said Sewer at the hades of their Lands so that the water of Nedeham might have its course to Wellescholle And that all men having Lands betwixt Fryday brigge in Elme and Grenedyke in Welle and betwixt Bishopisdyke and Nedehamdyke in Elme ought to make and repair one Clow as sufficiently as it could be done to stop the water of Outewelle in the Winter
Church of Helgay the Landholders late Massingham's and the Landholders late Bexwell's ought to dyke the said Sewer against the late Landholders of the Cellerer of Bury from the said Willow unto Pulverlake And they said that the Landholders of the late Cellerer of Bury ought to dike the one half of the said Sewer in a certain place called the Middyl in Creeklode against all men by the space of two miles The said Landholders of the Lands belonging to Ramsey ought to dyke a certain place called Balkwere abutting upon Gnatlode by the space of a quarter of a mile The Dean of Norwich the Parson of Helgay the Landholders of Massingham's and the Landholders late Bexwell's ought to dyke the said Sewer unto four lodes end The Heirs of Tho. Butler of Helgay ought to dyke a certain place in the said Sewer called Hogges myddle by the space of one furlong The King for Lands somtimes the Duke of Gloucester's ought to dike at a certain place called the great Were against all men by the space of a mile The Landholders of the late Monasteries of Castleacre and Wendlyng and the Landholders late Bexwell's ought to dyke the other part of the said Sewers against the King for the space of a mile Then the Landholders late belonging to the said Celerer of Bury ought to make a Shetting middyl in the said Sewer by the space of a mile and more The King for Lands somtime the Duke of Gloucester's ought to dyke a certain place called Chattyngs in the said Sewer by the space of half a furlong and more And the Landholders late belonging to the said Celerer of Bury ought to dyke a certain place in the said Sewer called Stream middyl by the space of a mile and then the Landholders of the late Priory of Modney ought to dyke the one half of Unge medyl in the said Sewer by the space of two furlongs against the Landholders of the late Monastery of Thetford The Heirs of Iohn Ashfeild the Landholders of the late Monastery of Ramsey somtime Nicholas Gunne's ought to dyke the said Sewer against the said Landholders of the late Priory of Modney And the Landholders late Iohn Ashfeild's ought to dyke at a certain place in the said Sewer called Lod were by the space of two furlongs The Landholders of the late Monastery of Thetford and the Landholders late Iohn Champayne ought to make the other part by the space of two furlongs The Landholders of the late Priory of Modney ought to make the one half of a certain place in the said Sewer called Bullings against the Landholders of the late Monastery of Ramsey by the space of two furlongs and more And the Landholders of the said late Priory of Modney and Massingham's ought to dyke the said Sewer called Credy-middyl by the space of one furlong The Landholders of the late Monastery of Thetford ought to dyke in the said Sewer called Iolles-middyl by the space of a mile The Township of Litilport the Landholders sometime called Nicholas Orme and the Earl of Worcester ought to dyke the said Sewer called New dyke unto the said South branch called Welney water by the space of a mile And that the persons chargable with the making scouring c. of these Sewers shall have the Fishings so far as they are so charged Also they said that there is another occasion of the drowning of the said Marish and Pasture grounds and of the whole Country of Marshland which is the decay of a certain River parcell of the North branch extending from Shrewysnest poynt unto Outwellsholl the which decay beginneth at a certain place in Outwell aforesaid called Saltham lake and extendeth to a place in Downham called North delf and so to Salters lode The which River ought to be in bredth in the narrowest place of the Chanel xxiiij foot and of convenient depth And of the bredth and depth aforesaid by the Inhabitants of Marshland and Wygenall from the said place called Salthamlake unto Salter's lode And they said that there is a certain Bank before remembred called the New Powdich set in Outwell and Downham aforesaid on the East and North part of the same River aswell for the safeguard of certain low grounds in Downham Outwell Wimbotesham and Stow Bardolf aforesaid as also of the whole Country of Marshland and Wygenall for and against the abundance of fresh waters descending to and against the same bank the which Bank beginneth at the South end of the Parish of Outwell aforesaid and extendeth South Eastward unto Mullycourt drove thence to Saltham lake thence to North delf in Dounham and thence to Salters lode and adjoyneth in part thereof to the East side of the said River and in part to the North side thereof Which Bank by all the limits thereof ought to be in bredth in the foundation xviii foot at the least and in the top xii foot And in height from the plain ground unto the top thereof from the said Saltham lake unto Northdelph six foot of lawfull measure and from North delf unto Salters lode in height five foot of like measure And they said that the Landholders of those lands in Outwell aforesaid in certain fields in the same Town called Mutlycourt field Sandy field Out-Sandy field alias Blewick field and Powdich field ought to maintain the said Bank from the Towns end of Outwell unto Mullycourt drove at their costs And the Dean of Ely for the said late Priory of Mullycourt from Mullycourt drove unto Saltham lake And the Inhabitants of Marshland and Wygenhall from the said Saltham lake unto North delph and from thence unto Salters lode c. And they said that the decay of the said Bank hath grown most especially by reason that the Earth taken for the repairing thereof hath been dyked and cast from the foot of the said Bank whereas by the antient Ordinances it hath been appointed to be taken on the South part and West part of the said River adjoyning to the said Bank in time of Summer and in the Winter upon great necessity the Country of Marshland and Wygenhall to take their manure in the common Fenns of Outwell and Dounham on the East part and North part of the said Bank in distance xl foot from the same And they said that there is another Bank extending from Salters lode aforesaid unto Dounham brigge and thence unto Stow Bardolf houses and so by the same Houses to Staple were in Stow Bardolf aforesaid made for the defence of the several and common grounds and Marishes of Dounham Wimbottesham and Stow Bardolf for and against the Floud and Spring waters coming out and from the North Seas at King's Lynne aforesaid the which Bank viz. from Salters lode to Dounham Bridge ought to be in bredth in the foundation xviii foot and on the top xii foot and in sufficient height for the defence of the floud And that the Inhabitants of Dounham ought to repair the said Bank from Salters lode
to Dounham brigge unto Stow brink houses to which place it ought to be vi foot in bredth at the top and from thence unto Staple were 8 foot in bredth and of sufficient height And that the Inhabitants of Dounham Wymbottesham and Stow Bardolf ought to maintain the same in manner and form aforesaid Also they said that for the avoidance of the fresh waters falling within certain several grounds and common Fens of Denver aforesaid on the East part and South part of the said great River of Ouse there ought to be made at the costs and charges of the Inhabitants of Denver aforesaid and set at the said Hithe one good and subâ—â—antial Sluce of Stone and Timber with a falling dore for the avoidance of the said Fresh waters into the said great River And that there is an old Bank extending from Upwell Towns end by and through the Common of Upwell called Neatmore unto a place called Moule rech next unto the Common drove of Upwell extending from Upwell Towns end to Welney aforesaid the which Bank was made in the beginning as it should seem for the preservation of certain common and several Fens called Neatmore Low fen Waxbeche and Walsyngham fenns the which Fens amounting to the number of 2000 acres by estimation or more be yearly drowned by the decay of the said Bank And that the said Bank ought to be in height from the plain ground one foot and a half and in bredth in the Foundation 8 foot and in the top four foot in bredth and that the charges of making and keeping the same ought to be born by the Inhabitants of Upwell aforesaid And that there is another old Sewer called Small-lode between Upwell and Outwell aforesaid which beginneth at the great River in Upwell called Northbranch at a certain place called Welhirn yard and extending to Ingram's hirne and from thence to Seman's goole in the same Town Which Sewer ought to be scoured by the Kings Majesty for certain lands in Upwell aforesaid sometime belonging to the Monastery of West Derham by the space of three quarters of a mile And then the said Edm. Beaupre for his Mannour of Upwell â— and Will. Norman for lands sometime Iohn Aylesham's ought joyntly to keep and scour the said Smal lode from Ingram's hirne unto Seman's gole by the space of a mile And further they said that where there be 4 several fields in the Parâ—shes of Upwell and Outwell viz. Plawfield Churchfield Budbeche field and Sondy field the which fields be defended by great Banks kept by the Landholders of the said fields to their great costs they said that by reason of the aboundance of waters falling within the said fields it cannot be conveyed out of them unto the Sea by any of the Sewers before-mentioned for the avoidance therefore of the same fresh waters there ought to be made at the cost and charges of the same fields two Sewers the one to begin at a certain place in the same field called Wadingstowe and from thence directly in a Dyke by a certain Bank called Plawfield dike and so by a certain dike called Baâ—dike and then in a dyke between the Common Droves of the one part and the Lands of Robert Dannet Gent. on the other and so forth in a dike between a ground called the xxx Acres of the one part and the lands of the said Robert Dannet and Anth. Cotton on the other part and so directly into a Pipe or Sluce of Stone under the little River called the Small lode in Upwell aforesaid And the other Sewer to begin at Hilling drove in Plawfield aforesaid and to pass in two Dikes in both sides of the same Drove and so into the Common River called Hermite's Ee and from thence into a Dike between the Lands of Will. Walsyngham Gent. on both parts under the Common Drove called Sprouter's drove and so in a dike between the said Drove on the one part and the lands of William Norman on the other and from thence into the said Dike or Drayn at Bardrove and so into the said Sluce under the said River called the Smal lode and from the said Pipe or sluce unto the Dike belonging to the King in right of the late dissolved Monastery of West Dereham into the said field called Kirkfield and so in a Dike in the the same field between the Kings lands on the one part and the lands of Richard Fyncham Gent. on the other unto a certain ground of the said Richard's called Goddard's and there to be made a Dam between the lands of the King and the Lands of the said R. Fyncham And from thence the same Drayn to extend in a Dike overthware the Lands of the said Richard into a Dike of the same Richard on th' one part and the Lands of the Heirs of Peter Bateman on th' other part and there to be made a Dam between the said Lands and from thence overthwart in a Dike by the midst of certain ground of the King 's called Anbell land into a Common Drove called Dowes drove of th' one part and the said Anbell land on the other part and there to be made a new Dam between the said Lands and the said Drove And from thence to extend in a Dyke between the said Dowes drove and the lands of the King called Derebought land and the Lands late Walter Godard's and one piece of Land called Howardyn of the other part directly into Kirkfield Ditch and then overthwart in one Pipe or Gote of stone under Dowes drove aforesaid and so from thence in a Dike by a certain pasture ground of Ric. Foulesham called the xx Acres on th' other part and Kirkfield dike on the other and so in the said Dike into the Lands of Anthony Croftes and there to be made a Dam between the said Lands on the one part and the said Lands called the xx Acres on th' other part And from thence in a Dyke of the said Croftes directly by the said Kirkfield dyke unto the Common Drove called Eche drove and there to be made a Dam between the same Drove and the Lands of the said Crofte's and there to enter into a Gote or Pipe of stone under the said Drove And then in a Dike between the Lands of the said Croftes on the one part and Kirkfield Dike on the other part and there to be made a Dam on the other side of the said Drove between the same Drove and the said Lands of Croftes and so from thence in the said Dike of Croftes unto the Medow of William Norman somtime Iohn Curtis and there to be made a Dam between the Lands of the said Croftes and the said Will. Norman and from thence in a Dike between the said pasture of the said Will. on th' one part and the said Kirkfield Dike on the other part unto Kirfield Dike Corner â— and there to enter into a great Pipe of Stone and Timber under the said great River extending from
Outwell Shâ—ll unto North Delph And in like manner under the said Bank called the New Pow diche and from thence in a Sewer for the waters of both the said Fields called Plawfield and Kirkfield by and through the Common of Outwell aforesaid called Mullycourt Drove and so forth in the same Sewer or Drayn unto a certain place called the Sumptes against the Meadow of the said Edmond Beaupre called Galcroft and from thence unto a certain Bridge called Angle brigge in the Common of Outwell aforesaid And from thence unto a certain Sallow ground of the said Edm. Beaupre called Hodg hirne and there to enter into Rightforth lode which Lode beginneth at the South Corner of Hodges hirne aforesaid and extendeth from thence between the Common Drove of Outwell on the one part and the Marish and Fenn of the Earl of Arundell called Bardolf fenn on the other unto the North Corner of Hodges hirne And thence right forth between the Marishes and Fenns of the said Earl on both sides unto a certain place in Stow Bardolf aforesaid called North hooke and thence directly in a Drayn to Stow bridge in Stow Bardolph aforesaid and there through a Sluce of Stone and Timber into the great River of Ouse Also they said that for the safety of the field called Budbech field in Upwell and Outwell there ought to be made a Drayn by the Landholders of the same Field from a certain place in Upwell called Dod's style by divers heddings unto Pyes drove in Upwell aforesaid and there to enter into a Pipe or Gote of stone under the same Drove and from thence directly in a Dike between the Drove called Mayers drove of th' one part and the Lands of the said Rob. Dannet the Lands of the King as in the right of the said Monastery of West Dereham the Lands of the Dean of Ely and the Lands of Iohn Fyncham Gent. the Lands of the Heirs of Anth. Croftes the Lands of the Heirs of Edm. Chatterys the Lands of Iohn Coney the Lands of Reynold Hilbrond the Lands belonging to the Parsonage of Outwell and the Lands of the Heirs of Croftes and the Lands of the said Ric. Fyncham on th' other part and so in a Dike unto the Lands of the said Iohn Fyncham and then in a Dike between the Lands of the said Iohn on th' one part and divers men on th' other part unto the Yard stead of the said Iohn somtime Thomas Hollows of Outwell aforesaid and there to be made a Dam between the said Lands and the Lands of Iohn Coney And from thence in a Dike between the Lands of the said Iohn Fyncham unto the front of the said Iohn in Owtwell aforesaid and there to enter into a Pipe or Sluce of stone and Timber under the same front and also in the same Sluce under a certain River in Outwell aforesaid called the Little lode the which River divideth the said Counties of Norff. and Cambridgshire and so forth in the same Pipe into the said Field called Sandyfield and thence in a Drayn between the Lands of the said Edm. Beaupre called Reynolds of the one part and the Lands of the said Iohn Fincham on the other unto a certain pasture ground of the said Edm. Beaupre called the Upward and so in a Dike between the Lands of the said Edmund on both sides unto a certain pasture of the said Edm. called the xx Acres and there to enter into a Pipe or gote of Stone laid between the Lands of the said Edm. on both parts and from thence into a Drayn or Sewer by or through the grounds of the said Edmund unto a certain gysted Dike of the said Edmund called Blewick dike and there to enter into a Pipe or Sluce of Stone under the same Dike and then into a Drayn or Sewer aswell for the waters of the said Sondyfield as for the waters of the said Field called Budbech field and from thence in the same Sewer for both the said Fields called Budbeche and Sondy field by and through the Common of Outwell called Blewick fen unto the said place called Hodges Hirne and there meeting with the said Drayn for the said Fields called Plawfield and Kirk field to pass forth with the same by and through the said Sewer called Rightforth lode by and through Bardolf fen unto North hooke aforesaid and from thence unto the Pipe or Sluce at Stow bridge aforesaid and by and through the same into the great River of Ouse And they said that the said Drayn for Plawfield aforesaid ought to be in bredth from the said place where it beginneth unto the said Sluce lying under Small lode 8. foot and from the said Sluce by all the said Drayn unto Hodges hirne 8. foot and from thence unto Rightforth lode at a place called Hodges hirne 8. foot wide And the said Sewer for Budbech field to be in bredth from the said place where it beginneth unto the Pipe under the little lode in Outwell aforesaid 7 foot And from thence unto the said Sluce lying under the said Blewick dyke 7 foot And from thence unto Rightforth lode to be in bredth in the narrowest place of the same xij foot and so to Stow bridge and that they be made of depth according to the wideness All which Sewers and Drayns to be kept and maintained at the charges of all and every person chargable to the making of them After this viz. in 13 Eliz. at another Session of Sewers it was presented by the Jurors scil 1. That the Sea-bank beginning at Tyd gote in Tyd S. Giles adjoyning upon the County of Linc. and so leading to a place called the Horshooe being in great decay be made in height xx foot above the Saltmarsh and in bredth six foot by the Inhabitants of Tyd Newton and Leverington And from the Horshoâ—e unto Crabmarsh gate of the same bredth and height by all the Lands in Estfield And thence to the Sluce of Wisbeche Which Bank from Crabmersh gate was decayed in Bishop Goodrick's time and part thereof carried by the â—onsent of the said Bishop for the pavement of the Market place in Wisbeche and part by Mr. William Blomfield for making of a Windmill there 2 That the Bank called Whymeydike beginning at the Sea bank end at the Horshooe in Leverington ought to be made unto Coxe corner in Wisbeche above the brink of the water xx foot and in bredth 8 foot And from Coxe Corner the old Market of Wisbeche the Ee banke to Newdike end alias Lentshurne beyond Bevys Hall on the North side and West side of the said Rivâ—r to be made in height xii foot and bredth xvi foot by all the Landholders on the North of Wysbeche And that Newdike from Lyntyshirne unto the farther Crosse at Guyhirne be made in height xvi foot and in bredth xii foot by the said Landholders on the North of Wysbeche 3 That the High Fendike beginning at Guyhirne crosse and so leading to
of all sorts of trees especially wild Ashes the length and bigness whereof may be seen by the beams and rafters on the roof of the Church But now through tract of time the Woods for the most part gone the fertility of the turf is such as that the land converted to tillage beareth Corn plentifully nor is it less profitable otherwise being full of fair Gardens fat Pastures shady Groves and rich Meadows which in the Spring time make a most beautifull shew Moreover on the borders of it there are several Meeres full of Eeles as also spacious Fens and Pooles abounding with divers sorts of Fish and Waterfoul whereof one called Ramsey meere from the name of the Isle much excelleth the other adjacent waters in beaâ—ty and profit which lying on the most large and woody side of it and pleasantly beating upon that sandy shore thereof called Mereham maketh a delightfull object to the beholders in the deep and great gulfs of which Meere there are frequently taken by several sorts of Netts as also with baited Hookes and other sishing Instruments Pikes of an extraordinary bigness called Hakedes by the County people And though both Fishers and Fowlers cease neither day nor night to haunt it yet is there alwayes of Fish and Foul no little store What proportion to the Fens belonging to divers particular Towns in this County antiently were of I shallâ— in the next place from the testimony of Record make manifest by which they who are well acquainted with those parts may discern how much improvement hath been since made therein through the industry of the Borderers or whether all or any of them were by neglect expatiated to a more large extent Upon that memorable Survey made shortly after the Norman Conquest it appeareth that the Fens belonging to Colne were then reputed to be one mile in length and half a mile in bredth and those in Wardboys just as much But in 3 Edw. 1. there is a far more exact account of them it being then found by Inquisition as followeth viz. that the Fens pertaining to Stangrund and Faresheved called Faresheved ferri contained then in length from Faresheved brigge at the one end unto the other where Ramsey fen and Fairesheved fen did part two miles and in bredth from the Bank called King's delph unto Wythlesmare one mile In which Fen there was at that time a certain Meadow called Kingesdelph-mede containing Cx. Acres and another called Myleby of x. Acres the same Meadows then belonging to the Inhabitants of Stangrund and Faresheved Moreover there was then a certain division betwixt the Towns of Stanground and Flectone beginning at Brod he neer to the Mayden-cros and extending it self by the antient lode to Lauehythe and from thence directly to Blancheferye and thence to Stakengeshirste is a certain Common Pasture which belong'd to the Towns of Stangrund and Flectone Likewise that in the Hundred of Normancros there was a certain Fen called Kyngesdelf beginning at the end of Brod hee scil at the end of Kyngesdelf and extending it self circularly to Wittleseye Town 's end for two miles and from Wytlesheye by the hold Old Ee to Pokeslode for the space also of two miles and from thence by Hold Old Eee to West fen for three miles thence to Wysemuthe for two miles thence to Beynwic for three miles thence to Syrmare for two miles thence to Kyngges delfe end Southwards for one mile and thence to the utmost point of Brod Ee where Kynge's delfe endeth for five miles which whole Circuit containeth xx miles and belongâ—th to the Abbies of Ramsey and Thorney and Priory of Ely for which the Abbot of Ramsey hath the Charter of S. Edward from Gangestede Eastwards to Hyndelake in the West and so at Wendelmere and Cayeresholt with the confirmation of several Kings since that time The Fen of Glactone extends it self from Denton lade to Hubbemere containing in length a mile but it beginneth at the Town of Holme and continueth to Saldermere which is in length three miles The Fen belonging to the Town of Conyngton beginneth at Conyngton mere and reacheth to the Redipole and thence to Scelremore containing in length from Conington mere to Selremere two miles From Selremere it goeth to Berchemere and thence by Hokeslade for three furlongs unto Monks lade and so by the said lode to the new lode at Sautre for a mile and an half and two furlongs which is betwixt Sautre fen and Conyngton and so it holds on by the new lode unto the Bank of the Nesse and from the third Hassoke unto the said Bank it containeth in length one mile directly and from the said Bank it goeth on crookedly unto the North side of Conyngton mere being in length from that Bank unto the said Northern side one mile and an half within which Circuit Conington fen is included But the Abbot of Saltrey ought of right to make two Bridges in the said Fen beyond Monks lade over which the men of Conynton are to drive their Cattell to Pasture beyond that lade The Fen of Dentone containeth in length one mile and extends it self to Witlesmare one way and another way to Dentone field being four Acres in bredth But Glattone and Holme have by force appropriated to themselves a half furlong and more of the said Fen in bredth excepting one Bank and in length one mile and did there dig turves by force and carried them away nor could the men of Denton dig turves with them but they had pasturage there for their Cattell Moreover the Earl of Cornwall did appropriate to himself the Flete and ditch't it in which place contained three Acres and had been Common to Dentone Glattone and Holme The Fen of Waltone beginning at Michelholme hale extendeth it self thence for two furlongs unto Stakelode and thence for one furlong to the bar of Bollokes fen and thence for three furlongs to Croslode and thence for two miles to Hokeslode thence for three furlongs to Brichmere thence for four furlongs to Hubbemere lode and thence for one furlong to Hubbemere cote thence for two miles unto Ranelesnok and thence for half a mile unto Michelholm hale To the Town and Abby of Sautre belongeth a certain fen which beginneth at the one end at Saneshyl and the head of Monks banke and extends it self in length neer to Monks meadow crookedly for one mile and so goeth on by the stable and thence directly to the bar of Bollokes fen â— and thence directly to the head of New lade for half a mile and from thence to Esterne dyke for one mile and from Esterne dyke at the head of the Bank of Staneshille for four furlongs and thus the Fen of Sautre is perfectly bounded And beyond Monkeslade bâ— the whole fen of Waltone and Conytone to Wytlesmere bank and Hubbemere bank they are to Common with their Cattell The Common of Pasture in the Fen belonging to the two Towns of Wardeboys and Caldecote is in length two miles and
in bredth two and a half This County of Huntendon being then a Forest the Regardors did in 34 E. 1. by virtue of the King's Precept make this following Presentment at the new Temple in London viz. that the Tenants of the Abbot of Ramsey in the Town of Ramsey the Tenants of the Abbot of Thorney in Wytlesheye and the Tenants of the Prior of Ely in Wytlysheye had wasted all the Fen of Kyngesdelfe of the Alders Hassocks and Rushes estimated at a thousand Acres so that the King's Deer could not have harbour there as they had before that perambulation Likewise that the Towns of Stangrund and Farsheved had wasted the fen of Farsheved of the Alders and Rushes estimated at an hundred Acres Also that the Abbot of Thorney had made a Purpresture in the said King's Forest within Farsheved fen and inclosed the same with a double Ditch on the side towards Farsheved which contained in length two miles by estimation and two furlongs in bredth And likewise that the said Abbot had raised a new Bank without the Town of Iakele containing one mile in length against the assize of the Forest. And that Iohn le Wode of Iakele came with the men of Wytlysheye into the Fen of Kynggesdelfe and set fire therein which burnt in length and bredth about four miles by estimation which caused great loss to the King in his Harts Hinds and Goats And likewise that the men of Benewyk had destroyed a certain place in Kyngesdelf of the Alders and Rushes called Hertyngges containing a mile in length and bredth And they likewise then presented that the Banleu of Ramsey began at Humberdale and so went on to Wystowe lowe by the middle of the Town of Wystowe and so to Ranelestone and thence to Ranelesnoge thence to Obmere-bote thence to Scaldemere thence to Ayxschebeche thence to the Newe lode which leadeth betwixt Middilmore and Kynggesdelfe thence to Beaurepeyre thence to Tyrmerekote thence to Pollyngsecote thence to Caldemowchache thence to Goldepyttelade and thence to Homberdale The division betwixt this Forest and the Bishop of Ely his free Chase of Somersham began at the great River scil at the three Willowes and thence extended to Fentone lode thence to the new Bank thence to Fentone Crosse thence to the Mill at Wardeboys thence to Pydelemare thence to Pydele dam thence to Iny mede thence to Kollangeleye thence to the Hanger of Bluntesham and thence to the great River CHAP. LII THis being the last of those six Counties into which the great Level as hath been observed extendeth containeth no more than a narrow skirt of those fens at the utmost point whereof that sometime great and famous Abby of Medeshamstede since called Peterborough was for the like advantages already taken notice of in Thorney and some others first founded by Peada King of the Mercians about the year of Christ DCL and soon after amply endowed by King Wolpherus his Brother and Successor in the government As to its situation and the more exact description of the fens belonging thereto I shall exhibit what Robert de Swasham sometime a Monk of that House saith Burch verò in regione Gyrviorum est fundatus c. Burch is founded in the Country of the Gyrvii for there beginneth the Fen on the East side thereof which reacheth Lx. miles or more in length Which Fen is of no small benefit to the bordering people for there they have wood and other fewell for the fire and Hay for fodder as also Reed for thatching of their Houses with many other necessaries There are likewise divers Rivers Waters and great Meeres for fishing the Country abounding in such things in the best part whereof Burch is seated having on the one side of it the Fen and River and on the other upland ground with Woods Meadows and many Pastures which do render it most beautifull on every part having a meet access to it by land except towards the East on which side without Boats there is no comming to it On the South side of it runneth the River Nene c. And these are the limits of the possessions Pooles Fenns Lakes Fishings Lands c. which King Wolphere gave thereto that the Monks therein placed might freely serve Godâ— viz. from Medeshamstede to Norburch and thence to a place called Folies thence directly through the main Fen to Esendic and from Esendic to the place which they call Fethermute thence directy to Cuggedic ten miles distant thence to Raggewiâ—c five miles to the principal stream which goeth to Elme and Wisebeche and thence for the space of three miles up the said principal stream to Trochenholt thence directly through the vast Fen to Derevorde in length xx miles thence to Grecescros thence by a fair current called Beadan Ea six miles to Paccelode and so through the midst of many Lakes and spacious Fens in Huntendonshire together with the Pooles and Lakes called Scelfremere and Witlesmere and several others to them belonging as also with the Lands and Houses which do ly on the South side of Scelfremere and all within the Fen to Medeshamstede and thence to Welmesford and so to Clive and Estune and from Estune to Stanforde and thence as the River runneth to Norburch before-specified But touching the improvements made here by Banking and Drayning I find little in particular till of late time whereof I shall speak anon this being the utmost Corner towards the high land which the fresh waters for want of a cleer and perfect evacuation overflowed the Banks and Sewers conducing to the exsiccation thereof having been cut from the River Nene through Cambridgshire towards their most antient and natural out-fall at Wisebeche CHAP. LIII Observations upon the Commissions and Statutes of Sewers Having now done with those particular endeavours of Banking and Drayning within the precinct of the Great Level in order to the bettering that surrounded part of the Country I come lastly to speak of that eminent and signal undertaking viz. the general winning thereof by Banks and Sewers a work certainly of no less honour to the first Adventurers therein than beneficial to the present and future Age. But before I begin therewith it will be proper I conceive by way of preparation thereto to make some short observation upon the antient Commissions and most notable Statutes of Sewers And first touching the Commissions the antiquity and extent whereof do sufficiently appear in the precedent discourse I shall briefly note First that the King ratione dignitatis suae Regiae ad providendum salvationi Regni sui circumquaque fuit astrictus c. for those are the words therein was by the prerogative of his Crown obliged to see and foresee to the safety of his Realm Secondly that by virtue of them the Commissioners might enforce the neglecters of their duty by distress of their goods and likewise fine and imprison the dissobeyers of their Orders as appeareth by those words viz. ad
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
diked And upon Report made to the said Lords of the Council by the before-specified Sir Clement Edmunds it was ordered by their Lordships that the Earl of Arundell the Bishop of Winchester the Lord Carew Mr. Treasurer and Mr. Comptroller of his Majesties Houshold Mr. Chancellour of the Exchequer the Mr. of the Rolls and Sir Edw. Coke or any 4. of them should take consideration of the state of the business c. and prepare some opinion to be delivered to the Board of what present course might be fit to be taken therein In pursuance of which Order the said Earl of Arundell made a journey into these parts where having treaty with Sir William Ayloff Knight and Baronet Anthony Thomas Esquire and others they the said Sir William Anthony and the rest as Undertakers in this great Adventure did in consideration of the pains and costs which they were like to bestow therein make these â—ollowing Proposalls viz. 1. To have all the Kings lands drowned with fresh or salt water which should be so recovered at the free Rent of iiijd the Acre over and above all Rents or revenues then in being or coming to his Majesty 2. To have all the Prince his lands upon the like conditions 3. To have of all Subjects lands so drowned all the year two thirds to them the said Undertakers and their heirs to hold in severalty for ever 4. And of all such lands of Subjects which lay drowned half the year to have the one half to them the said Undertakers and their heirs Of which Proposalls the King liking well he did by his Letters to the said Commissioners of Sewers bearing date the 4. of September in the xvij year of his Reign signify unto them that the said Sir William and Anthony with others had undertaken to drain all the Fens in the Counties of Cambr. and Isle of Ely Norff. Suff. Linc. Northt and Hunt with the good liking of his said Majesty and his acceptance of their Propositions And recommended them and their design to the said Commissioners to the end they might be ayding to them in expediting such Contracts as they should make and to further them therein with their Authority in all lawfull things c. And on the morrow following the Lords of the Council by their Letters to the said Commissioners of Sewers signified to them that the said Undertakers did purpose to begin their work at the Sea by opening the out-falls of Nene and Weland and to make the same navigable to Spalding and Wisbeche which would take away all fear of turning the water upon any neighbour Country and draw the same into their true and natural Chanels and that whatever Commission or assistance they should desire to further this work order should be taken for the same desiring them to observe the Kings directions therein Whereupon within three dayes after the said Commissioners met at Peterborough and in a Session of Sewers then and there held forthwith ordered That in obedience to the Instructions by them received from the Kings Majesty and the Lords of his Council the Undertakers before-specified should have the free consent and approbation of that Court to proceed with their enterprise so soon as they should think meet and likewise their furtherance in such Contracts as they should make with the Lords Owners and Commoners interessed in the said Fens And moreover that further time and longer dayes should be given to them for perfecting their works in the Rivers of Ouse Nene and Weland and all the Branches of them viz. untill the first day of August then next ensuing and no advantage taken of the Penalties in the Laws formerly made for effecting the business before that time And in a Session of Sewers held at Ely the 20 and 23 of the same Month of September having received these following Propositions from the Undertakers viz. 1. That their intent was so to drayn the said Fens and grounds as that by their said works no person should receive any hurt 2. That they would from time to time maintain and scour the same so drayned 3. That they would not receive any recompence but where through their industry an increase of benefit should be raised to the Owner thereof and that after their works should be perfected 4. That if question should arise whether any benefit were received in any particular by their industry it should be decided by a sufficient and able Jury to be named by the Commissioners of the County and such Jurors so nominated and no others to be retured by the Sheriff 5. So likewise in the Isle of Ely by a Jury of that Isle 6. And that they would give such recompence to those that should receive hurt or damage by any of their said works as the Commissioners or the greater part of them should think fit 7. That at their own charge they would make provision that water should be conveyed to stay at those Towns where water had before come and stayed for Navigation and transportation and the Townships afterwards to maintain it 8. And that they would better and not hurt or impair the Navigation in the Rivers of Grant and Ouse And did therefore order and decree that the said Undertakers should have their free consent and the approbation of that Court to proceed c. and that they would assist them c. in their Contracts c. It being not the purpose of the said Undertakers to alter or change the state of any Commons but only to have such competent part thereof to be set out in severalty to them and their heirs as should content them for their work of Drayning the same and the residue of every Common to remain in the same condition to all intents and purposes as then it did And at a Session of Sewers held at S. Ives on the morrow following they decreed that the tenor of the Order made at Peterborough 8 Sept. and that present Order should be published at every Town Village c. which the premisses should concern in all the said several Counties c. before the vith of Oct. next then coming to the end that all Owners Commoners c. Interessed in any surrounded grounds within the places aforesaid might apply themselves to the said Undertakers c. for concluding their contracts c. On the 4th of October ensuing the said Undertakers sent their Letters to the Commissioners for Norfolk sitting at a Session at Ilsington excusing their not wayting on them sooner and inclosing the Copies of those Letters of the King and the Lords of the Council to them desired that the same might be communicated to their Neighbours together with their Proposalls to the end that they might be the better prepared for contracting with them As also that they might have a meeting with the said Commissioners of Norff. at Cambridge on Wednesday the xiijth of October then next ensuing and in the mean time that they would cause
Commodity 4. That no land should contribute to this charge which was then at 8s. an Acre or upwards except it lay in small quantities and intermixt with other lands so that the work could not go forward without it and then to have a moity of profit ut supra 5. That their Lordships should not intermeddle with any part of the work which was already setled agreed on 6. That the Undertakers according to their promise should begin the work within one Month after this Agreement should be concluded All which being thus setled and agreed upon the last day of May then past with the consent of both parties for ought appeared to their Lordships Forasmuch nevertheless as the Undertakers had not then entred upon the work nor made any proceeding therein the time of the year requiring expedition it was according to his Majesties pleasure and command ordered by that Board that the said Undertakers should either go on according to the Articles so agreed on at that Board or otherwise desist from that undertaking and hold the Country no longer in suspence but to leave them to such further courses as should be expedient To which purpose it was likewise ordered that Copies of those Articles and Orders should be delivered both to the Undertakers and such Gentlemen as attended that service there for the Country And afterwards viz. upon the 25th of the same Month of Iuly the King by his Letters directed to the said Commissioners published at Cambridge 18 Aug. commending the Undertakers readiness and acceptance of such mean conditions in so hazardous an enterprise required that they might have square dealing in the valuation of the Lands as they had been truly let and security for the partage of what should be alotted to them so that there might not be any just exception thereto and likewise that the said Commissioners should give them their best assistance that they might go on with cheerfullness in the work the Lords of the Council also by their Letters to the said Commissioners inciting their assistance to the said Undertakers and for their setling of the business with them according to that Agreement In pursuance whereof in a Session of Sewers held at Cambridge upon the 17th of August following it was ordered that Sir Miles Sandys Knight and Baronet Sir Edw. Peyton Knight and Baronet and several of the Commissioners of Sewers within the County of Cambridg and Isle of Ely should view and value according to the annual worth of the same being subject to the Taxes surrounding and other inconveniences which the same had born for x. years then past all the Fen grounds within the County of Cambridge and Isle of Ely beginning at Fen-Drayton on Tuesday the 22th of that instant August And that four able and sufficient men of every Parish should attend the said Commissioners there for the better informing them in the true value of those grounds And the next year following in a Session of Sewers held also at Cambridge aforesaid it was decreed that the Adventurers in recompence of their charge of Drayning this whole Level should have out of the surrounded grounds so to be drayned one hundred and twenty thousand Acres to be set out by metes and bounds and the King himself who hath been heard to say that for the honour of his Kingdome he would not any longer suffer these Countries to be abandoned to the will of the waters nor to let them lye waste and unprofitable was then pleased to declare himself the principal Undertaker But whether it was the great disturbance he had about that time and after till the end of his reign for regaining the Palatinate then violently invaded by a powerfull Army and his Daughter with her Husband and Children exposed to the wide World for a subsistence which was the impediment or what else I shall not take upon me to say Certain it is that no farther progress was made therein nor any thing else conducing thereto till the fifth year of our late Sovereign King Charles the first of blessed memory when in a Session of Sewers held at Huntendon upon the 6th of Ianuary it was decreed that a Tax of six shillings an Acre should be laid upon all the said Marish fenny waste and surrounded grounds in order to this general Drayning Notwithstanding which Decree there was no part of the said Tax paid nor any prosecution of that work Howbeit in another Session of Sewers held at King's Lynne upon the first of September the year ensuing the Commissioners then present being xlvii in number there was a contract made with Sir Cornelius Vermuden Knight a person well experienced in works of this kind for the Drayning of this Level and he for his recompence therein to have ninety five thousand Acres of the said surrounded lands But the Country being not satisfied to deal with Sir Cornelius in regard he was an Alien they intimated their dislike to the Commissioners and withall became humble Suters to Francis then Earl of Bedford who was owner of neer twenty thousand Acres about Thorney and Wittlesey of this fenny Level to undertake the work at whose request as also of the Commissioners he condescended thereto Whereupon for the better ratifying of this Agreement there was another Session of Sewers held at King's Lynne before-specified upon the xiijth of Ianuary following and by xli Commissioners then and there present a solemn Decree made reciting these particulars viz. That the work of Drayning was first propounded 19 Iac. at Cambridg at a general Session there where the then King Iames declared by his Letters that he himself would undertake it And for satisfaction of his expence the quantity of 120000. Acres was decreed to his Majesty his heirs and successors for ever But the work being neglected by him his late Majesty King Charles the first had often recommended the care to the Commissioners of Sewers and in pursuance of this gratious intimation the Commissioners at a Session holden at Huntingdon 20 Ian. 5 Caroli did lay a tax of vis the Acre upon all and every Marsh and fen grounds which tax nor any part thereof was ever paid And moreover that whereas at a Session holden at Kings Lynne 1 Sept. then last past id est 6. Caroli the Commissioners being xlvij present did contract with Sir Cornelius Vermuden that he should undertake the work at his own charge and in recompence thereof to have 90000. Acres parcell equally and indifferently to be laid out and that the said Corn. Vermuden had presented the Commissioners with a Map and design of the work which was approved of but required 95000. Acres which the Commissioners and Country were unwilling to grant or that any contract should be made with an Alien or stranger they therefore petitioned that the Earl of Bedford then present would undertake the work which the said Earl yielded unto under the Agreements and Articles here under expressed viz. 1. That he should
presently begin the same and finish it so as to make the grounds fit for Meadow Pasture or â—arable within the compass of six years from 1 Oct. following unless the Commissioners should approve the cause of deferring it any longer 2. That suddain overflowings in places remote from the Out-falls should not be adjudged a not Drayning nor Meers Lakes Pooles and Forelands left by Art and Approbation for Receptacles Nor any part of the ground out of which he was to have his proportion 3. That there should be 95000. Acres set out by six Commissioners respect being had to Commoners accommodations before Michaelmass then next following 4. That the Earl and his associates might be incorporated for ever to make Laws Ordinances and Orders and to have power over the lands assigned but no other towards the maintaining of the works 5. That the whole 95000. Acres should be lyable to the first finishing of the work and 40000. towards the maintaining and the 40000. to be subject in case of neglect to the Commissioners of Sewers 6. That when 30000. Acres should be finished the Earl to have his proportion out of it 7. That the private Indikes for partition be made by advice of the Earl and by direction of the Commissioners 8. That the Commissioners shall set out convenient High-wayes and passages by land throughout the Levell 9. Provided that the Port and Haven of Kings Lynne be preserved and the Navigation Passage and High-wayes in upon or about all the Navigable Rivers namely Ouse Grant Neene Welland and Glene to be preserved and no prejudice annoyance hurt or hindrance to be done to them And if any such prejudice annoyance hurt or hindrance upon complaint thereof and of the Commissioners whereof the Vice-Chancellour of the University of Cambridge ....... shall be 3. if they will be present to return abate ....... and amove all such prejudice annoyance c. so that the antient Navigation passages and High-wayes may be preserved 10. For the safety of Holland and Hundred of Wisbeche Clows Crosse Drayn to be kept within soyl or Banks and in case of any prejudice then six Commissioners to reform the excesses and the Earl to make recompence 11. That the new Rivers Cutts and Dreyns the Banks Forelands and inside of the Banks not exceeding 50. or 60. foot to be the Earles paying such recompence as the Commissioners should think fit the old ones to remain as they were 12. No passages upon the Banks but for the towing of Boats 13. That the Earl might take Earth dig Drayns and Cutts upon the lands next adjoyning making recompence 14. That the Commissioners should assist the Earl to suppress ryots insolencies and disturbances 15. Such as should receive benefit by the work and yet no parties to it if their land be taken within the allotment of the 95000. Acres to pay to the Earl as the Commissioners shall assess upon pain to forfeit double 16. That the Earl might hold the 95000. Acres in free socage at xl per annum fee ferm and if any other Rents be issuing that pay be charged upon other lands 17. That the King should release any benefit which by the Law of Sewers made 19. Iac. or by any other law might accrue to him and approve of this Law and that it may be confirmed by Decree in Chancery and Council of State and by Act of the next Parliament 18. That 12000 of the 95000 acres be assured to the King for his Royal assent and laid out upon the lands belonging to the Manour of Whittlesey and the Marshes there adjoyning 19. And that for allotments out of small parcels lesse than 30 Acres there the Earl to divide and accept what 6 Commissioners should assess These things being thus setled the said Earl taking in divers Adventurers as Participants with him therein they cast the whole so allowed for their recompence into twenty parts or lots each lot consisting of four thousand Acres whereof himself was to have three shares or lots Oliver Earl of Bullingbroke one Edward Lord Gorges one Sir Robert Heath Knight one Sir Miles Sandys Knight and Baronet two Sir William Russel Knight and Baronet two Sir Robert Bevyll Knight one Sir Thomas Terringham Knight two Sir Philibert Vernat one William Sams Doctor of Law one Anthony Hamond Esquire two Samuel Spalding Gent. one Andrew Burwell Gent. one and Sir Robert Lovet Knight one And thereupon he the said Earl and those his Participants did by Indenture of fourteen parts covenant with each other that if any one of them or their assignees after notice should fail in the payment of such moneys as from time to time should be imposed on them in pursuance of that agreement for carrying on the said work that then it should be lawfull to and for the rest of the said parties or their assignes to supply the same or to admit some other person or persons to have the share of such defalture paying the sum imposed on the said share and that all such parties as aforesaid by himself or his assignes so failing should be wholly excluded and for ever debarred from demanding or receiving all or any such sum or sums of money as any such person or persons had formerly disbursed for and towards the said undertaking VVhich agreement so made the said Earl and his Participants or such unto whom several proportions of those lots or shares were by them assigned began the work and in order to the carrying off the superfluous water wherewith the Level was so much annoyed caused these several Chanels to be made viz. 1. Bedford River extending from Erith to Salters lode Lxx foot wide and xxi miles in length this being intended for taking off the high flouds from the River of Ouse having at each end thereof a Sluse of great strength 2. Sam 's Cut from Feltwell to Ouse being about six miles in length and twenty foot in bredth 3. A Cut to drain the River of Mildenhall in Burntfen neer Litleport two miles long and fourty foot wide 4. Bevill's Leame being a Cut from Witlesey meer to Guyhirne about ten miles in length and xl foot in bredth 5. Morton's Leame before-mentioned new made 6. Peakirk Drayn ten miles in length and 17 foot in bredth 7. New South Ea from Crowland to Clows crosse 8. Hill's Cut neer Peterborough about two miles in length and 50 foot in bredth 9. Shire Drayne from Clows crosse to Tyd and so unto the Sea Moreover besides these Cuts and Drayns he caused two Sluses to be made at Tyd upon Shire Drayne to keep out the Tides as also a Clow at Clows Crosse for the fresh water And likewise a great Sasse on Welle Creeke with a Stone Sluse at Salters lode upon Bedford River to keep out the Tides and Sluses at Erith for the fresh But above all that great Stone Sluse below Wisbeche at the Horshoo to hold the Tides out of Morton's Leame which cost about eight thousand pounds And to the end they
might the better accomplish this so great an undertataking as also maintain and preserve the works after they should be compleated the said Francis Earl of Bedford and his Participants did in the x year of the said Kings reign obtain Lettees Patents of Incorporation bearing date 13 Martii whereby the said King making some recital of the before-specified Laws of Sewers made at King's Lynne 13 Ian. 6 Car. with his royal assent thereunto did incorporate him the said Earl and certain other persons viz. Oliver Earl of Bullingbroke Henry Lord Maltrevers Edward Lord Gorges Sir Francis Crane Knight Chancellor of the most noble Order of the Garter Sir Miles Sandis Knight and Baronet Sir Thomes Teringham Knight Sir Robert Lovell Knight Sir Filbert Vernat Knight Sir Miles Sandis Knight William Sams Doctor of Law Oliver S. Iohn Esquire Anthony Hamond Esquire and Samuell Spalding Gentleman into a Body politick to be Guardians and Conservers of the Fen lands in the Counties of Cambridge Huntington Northampton Lincolne Norfolke Suffolke and Isle of Ely by the name of a Governour Deputy Governour two Bayliffs and Commonalty of the Society aforesaid and that they and others to be elected into that Fellowship to have a perpetual succession by those Names and Titles with power to purchase lands plead and be impleaded and to have a common Seal And moreover that out of this their Society be yearly chosen upon the xxix of September one who shall bear the name of Governour another to be Deputy Governour and two others to be Bayliffs of the same Society to continue for one compleat year each of the said Commonalty having of Inheritance five hundred Acres at the least in the said Fen lands That upon Death or Removal the Survivors to elect others in their rooms And that six shall have power to make Laws for the publick benefit of the Society whereof the Governour or Deputy Governour to be one Also that the Governour Deputy Governour and Bayliffs shall make Oath for the due execution of their Offices so likewise their Servants and Ministers By this Charter of Incorporation the said Governor Bayliffs and Commonalty of this Society and their Successors are likewise constituted Guardians of all the Waters Rivers and Fens within the Precincts aforesaid with power to seise and take all Nets and other Engines made and used therein for destroying of Fish contrary to the Laws and Customes of this Realm And they be thereby impowred to enquire by Oath of all Trespasses and Offences committed contrary to the Laws and Customes of the Kingdom and to punish the Offenders by Fines and Amerciaments which Fines and Amerciaments to be levied by their Officers and to be to the use and benefit of the Society without any Estreits thereof made into the Exchequer Likewise to build Churches or Chapels and make Church-yards in such fitting places of the said Fens as they shall judge meet and to cause them to be consecrated by the Bishop And to take reasonable Tolls of all Carriages and Commodities at such Bridges as they shall erect and maintain So also for laded Boats passing under the same Bridges And lastly to Register all conveyances of these their lands within three months after the making thereof in certain Books to be kept for that purpose by the said Governour and Bayliffs All which being accomplisht about three years after in a Session of Sewers held at Peterborough xii Oct. 13 Car. the whole Levell was adjudged drayned and the ninety five thousand Acres were set out by six or more of the said Commissioners by metes and bounds unto the said Francis late Earl of Bedford his Heirs and Assignes the charge of these works to the said Earl and his Participants having been no lesse than an Hundred thousand pounds But notwithstanding this great expence it was at length evidently discerned that though the lands were very much improved by those works yet were they subject to Inundation especially in the Winter season and therefore in a Session of Sewers held at Huntendon 12 Aprilis the year ensuing the said Earl of Bedford's undertaking was adjudged defective And on the xxiii of May following in another Session held at Wisbeche the particular defects therein being considered by the Commissioners there was a new Tax of xv s. the Acre imposed by them but upon Dâ—ping fâ—n xxx s. the Acre Waldersey and Coldham xx s. the Acre Needham fen vis viijd the Acre For the Marshes within the precincts of Walton Wallokne and Walpole in the County of Norfolke Tyd S. Maries Sutton in Holand Lutton Gedney Fleâ—te Holbeche Ouaplode Moulton and Weston in the County of Lincolne Wisbeche Leverington Newton and Tyd S. Giles in the County of Cambridge xls. the Acre Marshland â—en xxs. the Acre and other the Fens and low grounds in Marshland x s. the Acre The Common and several Fen-grounds lying within the North side oâ— Wisebeche between South Ea bank Wisebeche River the old Sea-bank and the Shire drayn viz. the Common Fen-grounds lying in Neuton and Tyd within the said North side of Wisebeche xx s. the Acre and the several Fen-grounds in Neuton and Tyd aforesaid x s. the Acre and the rest of the Common Fen-grounds lying within the North side of Wisebeche vi s. viij d. the Acre The Common and several Fen-grounds in Holand in the County of Lincolne viz. the Common at xx s. the Acre and the several at x s. And it was then decreed that the said Tax should be paid in to the Treasurers appointed to receive the same before the xviijth of Iuly then next ensuing that present Session to the end that it might be speedily imployed in the work that so the said Fens might by sufficient Drayning be made aswell Winter-grounds as Summer-grounds in all the parts thereof saving convenient Forelands and Receptacles for Winter flouds Hereupon his late Majesty King Charles the first of blessed memory taking this great business into his Princely consideration and foreseeing that these lands being a continent of about four hundred thousand Acres in case they were made Winter-grounds would be an extraordinary benefit to the Common-wealth viz. of six hundred thousand pounds per annum value as also a great and certain revenue to all parties interessed And likewise because the Owners who were very many could not agree to do so great a work one being willing and another not one able to contribute another not was therefore pleased to undertake the making of those lands Winter-ground at his own charge whereby the said four hundred thousand Acres might be profitable firm and good And for the better performance thereof did command divers Gentlemen expert in such adventures to give their advice how these lands might be recovered in such manner as that they might be made Winter-grounds to the end the said work might be compleated Amongst which the before-specified Sir Cornelius Vermuden was one who after view taken thereof returned their
at least which was a very great work 2. The Middle Levell also they defended from Peterborough water by a large Bank made from Peterborough to Wisebeche this being raised upon the foundation of that which the King begun excepting a little turn in Waldersey Bank From the River Ouse they likewise defended it by a great Bank extending from Erith to Salters lode on the North VVest side of Bedford River and made another new River parallel to the said Bedford river from Erith to Salters lode aforesaid containing an hundred foot in bredth and imbanked it with Banks on borh sides of threescore foot wide at the bottom ten at the top and eight foot in height The other new Drayns which he and his Participants made or repaired within this Levell being these viz. Uermudens Ea Hamonds Ea Stony Draine Nene old Chanel Pophams Ea Marshland Cut Moores Drayne Witlesey Dikes and some other small ones And the Sluses those at Salters lode Pophams Ea and Marshland Cutts 3. For scouâ—ing the South Levell from the overflowings of Ouse they raised also a great Bank from Over to Salters lode The lesser Rivers viz. of Grant Mildenhall Brandon and Stoke being defended by smaller Banks From Salters lode to Stow bridge they likewise caused a large River of one hundred and twenty foot wide and ten foot deep to be cut for the more speedy conveying away of the waters which River is now called Downham Ea As also two great Sasses at Salters lode for the passage of Boats and other great Vessels with three Sluses at the end of Downham Ea And divers small Drayns viz. Grunty fen Drayn the In-Drayn to the Bank of the Hundred foot River Reach lode and many others So that having accomplisht the whole work within the compass of five years the said Level was by a Decree of Sewers made at Ely on the 25th of March Anno 1653. adjudged to be fully drayned Whereupon the said Earl and his Participants had possession of those ninety five thousand Acres awarded to them CHAP. LV. Lindsey Levell Extending from Bourne to Lincolne OF this though I might have not incongruously discourst under my title of Kesteven and Holand yet forasmuch as 't is in truth a part of the great Levell before-mentioned however not so now taken notice of in Common reputation I have thought it more proper to speak of it here The first general attempt towards the Drayning of this part of the Country whereof I have taken notice was upon a complaint of the Inhabitants at a Session of Sewers held at Sempringham in the 8 year of the late Queen Elizabeth's Reign the Earl of Lincolne high Admiral of England with several other persons of quality being then Commissioners Whereupon a general Tax was laid for repairing and enlarging the Drayns and Sewers to carry off the waters which then annoyed these parts But little was done to any purpose herein as it seems for it appears that at another Session of Sewers held at Swinstede in the 17 year of that Queens Reign the Country complained that they were drowned more than formerly so that the Commissioners then decreeed that those Drayns which the Duke of Suffolke and others had ordained to be begun about the latter end of King Henry the 8 time as also some others should forthwith be set upon and laid a Tax accordingly But no payment of that Tax being made the work proceeded not Nor was there any farther considerable attempt therein whereof I have heard till the 5 year of the late King Charles of blessed memory that Sir Anthony Ireby Knight Sergeant Callice and other Commissioners finding all former essays fruitless by reason that the Inhabitants would never pay the Taxes and that the lands being surrounded had no Cattel upon them for distress and considering that the King as 't is observable in all the Statutes of Sewers was to give direction in works of this nature they did by their Letters represent to his Majesty the necessity of Drayning these lands and the Commodity which might accrue thereby humbly beseeching him to recommend some person of Honour to contract with them as Undertaker for performance of that work The King therefore understanding their design to be for the Drayning of all the surrounded Fens on the North side of the River of Glen in this County of Lincolne referred the view of those lying on both sides the Rivers of Fosse and Wythom from beyond the City of Lincolne to Kyme Ea unto Sir Henry Vane Knight Sir Robert Carr Baronet and others who in order to that good work did in a Session of Sewers held at Sleford 26 Febr. 8 Car. where were also present and Commissioners Robert Earl of Lindsey Theophilus Earl of Lincolne the Lord Willoughby Sir Henry Fines and others lay a Tax of xiij s. iiij d. the Acre for the scouring and clensing of the said Rivers and all Gotes and Drayns c. within those precincts to be imposed upon all the Landholders in the said low grounds and to be paid before the ix of April then next following And for the better furthering and compleating thereof the said Commissioners meeting again at Boston upon the second of March then next ensuing reciting their Decree so made at Sleford did extend their said Tax of xiijs iiijd the Acre to the other parts of that Level Nevertheless little was done therein as it seems till about three years afterwards but then the said King by his Letters Patents bearing date at Westminster 2 Aprilis in the xi year of his Reign directed unto George Earl of Rutland and others Commissioners of Sewers for the said Level recommended unto them Robert Earl of Lindsey Lord high Chamberlain of England a person of very great honour to be the sole Undertaker for the drayning of the whole Whereupon the said Commissioners at another Session of Sewers held at Sleford upon the second of Iune then next following proceeded to a treaty with his Lordship for that purpose and agreed with him to accept of twenty four thousand Acres in recompence of his chardges therein which was then accordingly decreed the work being to be perfected within the space of six years next ensuing the feast of St. Michael th'archangel then following And after this viz. in a Session of Sewers held at Boston the 29. of March the next year ensuing recitall being made of that Decree made at Sleford whereby the said Earl of Lindsey for the considerations therein expressed was to have those twenty four thousand Acres of land to be indifferently allotted out of the several Fens c. to enjoy to himself and his heirs for ever viz. as soon as ten thousand Acres or more should be drayned to have his portion thereof forthwith assigned As also the like recitall that upon consideration of the same Decree and other former preceding Decrees and Ordinances made at a â—ession of Sewers held at
Abbot did for the better drayning of the Province of Holand by his deed indented grant unto the said Country a certain Sewer directly running to the Sea through his own land by which means though the antient Sewer in another place became lesse than it had wont to be by reason of the non-usage thereof from the time that the said new Sewer was granted neverthelesse it remained at that time sufficiently open and the Sea did flow and eb by it and therefore it served sufficiently for a division because that antiently by the current of the fresh water as aforesaid and the checking thereof by the Sea which continued till that day it could neither be drayned or stopt And that beyond that boundary the said Abbot of Swynesheved and Sir Nicholas could not by the Custome of the Country for the reason aforesaid claim or chalenge any thing But at length after divers arguments to and fro therein used it was concluded that xij trusty men aswell Knights as others should be made choice of six on one side and six on the other to view the place in question at Michaelmasse then next following and make a final determination therein Whereupon the tryal at that Assizes was stopped and at the day appointed the said Abbot of Peterborough came himself in person to Gosbercherche together with Sir Iohn de Wylughby and other of his friends and Counsel And so likewise did the Abbot of Swynesheved but Sir Nicholas de Ry sent his Attorney Where the xij persons so chosen did take a view of the ground but not agreeing they departed without making any conclusion therein In order therefore to a legal tryal of the businesse in dispute the Justices of Assize appointed to sit again at Lincolne upon Saturday being the Feast of S. Thomas the Apostle At which time the before-specified Gilbert de Stanford and Iohn de Achirche together with Sir Iohn de Wylughby and others on the behalf of the said Abbot of Peterborough came thither But the adverse party having in the mean time obtained a new Assize being called upon the first Writs did not prosecute so that they were amerc'd the reason why they durst not then prosecute being because they could not have a full Jury out of the Wapentake of Kirketon of those whom they had laboured For Sir William Franc the then Shireeve of this County had at the special instance of Sir Iohn Wylughby and for xxl. which he had given him returned xviij of the most trusty men and of the best account within the three Wapentakes of this Province viz. Ellow Skyrbek and Kirketon who were essoyned upon the second Writs And upon the third Writ the principal persons of the said three VVapentakes were returned by Iohn de Hundon then Shireeve for ten Marks which he had given him Neverthelesse some of the said Abbot of Peterborough's Counsel excepted against those second VVrits because they were obtained whilst the first depended and the land in question put in view and therefore they desired that those their exceptions might be recorded protesting that they would more fully urge that exception upon the second day of the said Assizes they not being able to do it on that day because their adversaries had a day by Essoin and they desired that the panell upon the first VVrit might be reserved whereby it might appear whether the lands which were then enjoyed by those VVrits were put in view by the former VVrit others moving the contrary viz. that the said panell might be made void and no prosecution thereupon Besides the form of those VVrits was excepted against by reason of the privilege which the said Abbot of Peterborough had by the Charters belonging to that Monastery because that the said Tenements put in view were parcell of their Mannour of Gosbercherche and that chiefly by the words of King Henry's Charter Quicquid Vicecomes c. But it then hapned that through the mediation of Sir Adam de Welles there was another day of reference appointed to be at Lincolne aforesaid upon Thursday next after the Feast of the Epiphany then next following At which time the said Abbot of Peterborough's Officers together with Sir Iohn de Wylughby and the rest before-mentioned came howbeit after many disputes they went away without making any accord so that then there was a third day appointed for the Assize viz. the Thursday next after the Feast of S. Gregory at Lincolne aforesaid But in the interim it so falling out that the Abbot of Swynesheved having for the repairing of all his Mill-pool at Casterton digg'd farther upon the Abbot of Peterborough's ground at Ingethorpe than he had power to do by that liberty which had been antiently granted to him by composition the said Abbot of Peterborough brought an Assize of Novell disseisin against him in the County of Roteland At the day of which Asizes came the said Abbot of Swinesheved with five of his Monks and others of his Counsel where through the mediation of Mr. Alexander de Ounesby Rector of the Church at Castreton all differences betwixt the parties before-mentioned were concluded the Abbot and Covent of Swinesheved being to release all their interest in the said Marsh and the Abbot and Covent of Peterborough to give license to the said Abbot and Covent of Swynesheved to repair their pool at Castreton as often as occasion should require and also xl Marks in mony by way of agreement for avoiding of any farther trouble and chardge for the future And the said Abbot and Covent of Swynesheved did thereupon remit all their claim whereunto they had any pretrence in the said Marsh for ever All which was perfected by deeds indented betwixt them And on the morrow before the Assizes so appointed as abovesaid came the said Gilbert and Iohn on the behalf of the Abbot of Peterborough where upon treaty betwixt them and the said Sir Nich. de Rye six persons were chosen to arbitrate the business viz. on the part of the same Sir Nich. Sir Rob. de Colevill Lord of Bytham and Sir Philip le Despenser Kts and Iohn Cleymunt And on the behalf of the Abbot Sir Iohn de Wilughby and Sir Iohn de Kyrketon Knights and Henry Grene who awarded that the said Abbot should give to Sir Nicholas xll. and he thereupon to remise for himself and his heirs all his right claim in that Marsh. And as to the future increase of ground which might happen to either party that it should be enjoyed by him to whose land it did lye most contiguous Whereupon a day was assigned for writings to be made betwixt them for ratifying of this award viz. the Monday after Palm-Sunday At which time meeting at Gosbercherche where discerning that the said VVritings did expresse the said Marsh to be the right of the above-mentioned Abby the said Sir Nicholas fearing that in case he did seal them he might be indicted of conspiracy for pleading both falsly and unjustly the businesse was respited till