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
County did exhibit a Presentment in the Court of Kings Bench importing that this Chanel called Fossedike extending it self from the River of Trent at Torksey unto the City of Lincolne having been antiently open and full of water so that ships and boats laden with Victual and other vendible Commodities did use to passe to and from Notingham Yorke Kingston upon Hull and sundry other places and Counties by the said River of Trent and so by this Chanel to Lincolne and from Lincolne to Boston to the great benefit of the said City of Lincolne and advantage of all Tradesmen passing that way as also of the whole Country adjacent was then choakt up for want of clensing and repair And that the Prior of Torkesey and town of Torksey with the members thereof the Prioresse of Fosse Iohn Bishop of Lincolne Gilb. Earl of Angos his Tenants Sir Raphe Daubney Knight and his Tenants the Abbot of Newsum Iohn Frunell â— the Tenants of the lands of Gilbert de Bridshull the Tenants of the lands of Hugh de Normanton of Saxelbie the Lady Katherine Swinford Iohn Brett of Thornhagh in the County of Notingham Sir Raphe Painell Knight and all other the Lords of the Towns lying on each side the said Chanell and their Ancestors whose Lordships lay on either side and abutting on the same every man according to the proportion lying against his own Lordship did and ought to clense and repair the said Chanel And they said moreover that it had been so choakt up and obstructed for above thirty years then last past to the great damage of the King as also of the whole Country and City aforesaid Notwithstanding which Presentment the King issued out a Commission the very next ensuing year unto Sir Michael de la Pole Knight Mr Geffrey le Scrope and Iohn de Stafford Clerk to enquire touching the obstruction thereof But I make a question whether it was thereupon clensed for in 8 R. 2. which was about nine years after I find that Iohn Duke of Lancaster Iohn Bishop of Lincolne Henry Percy Earl of Northumberland Sir Michael de la Pole Knight Sir Philip Darcy Knight and others were appointed by the said King to cause it to be repaired and scoured so that ships and boats might have a clear passage through it as antiently they had used CAP. XXXI The Marshes on Withom ON the South side of this Province lyeth the River of Witham extending it self from the Suburb of Lincolne to Boston by which stream great Vessels have antiently come up from Boston to that City as the Inhabitants thereof do by tradition affirm and as may seem by large ribs of them which within memory have been there dig'd up But the descent of this stream from the said City to the Sea is so little that the water having a slow passage cannot keep it wide and deep enough either for navigation or drayning of the adjacent Marshes without the frequent helps of digging and clearing the same the mud and weeds increasing so much therein I shall therefore in the next place take notice of what I have met with tending to that purpose as also of it's course above that City whereof the first mention that I find is in 6 E. 3. Henry de Fienton Will. Dysney and Thomas de Sibthorpe being then constituted the Kings Commissioners for the viewing thereoâ— betwixt the Town of Bekingham and the City of Lincolne it being turned out of it's right Chanel in sundry places and so obstructed with sand mud and plantation of Trees as also by Floud-gates Sluses Mills Causeys and Ditches that the course of the same being hindred caused frequent inundations to the lands adjacent After this viz. in 37 E. 3. there was a Presentment exhibited to Iohn de Repynghale and H. Asty then the said Kings Commissioners of Sewers sitting at Newerk upon Monday next after the Feast of S. Laurence for the view of the said River of Withom and removing all obstructions and impediments wherby the free current thereof from the Town of Claypole unto the said City of Lincolne was hindred VVhich Presentment being made by the Jurors for the Wapentakes of Boby and Graffow importeth that the East Mill at Bracebrigge belonging to the Knights Hospitalars of S. Iohn of Ierusalem in England standing in the right course of that River did obstruct the current thereof to the great damage of the said King and the Country and that this was through the default of those Knights Hospitalars And they farther said that the same River then had not sufficient depth nor bredth from the Sheep-cote belonging to the Prior of S. Katherines unto the bridge at Bracebrigge and that the said Knights Hospitalars had certain Floud-gates therâ— which did turn the right course of that River out of it's proper Chanel whereupon the Shireeve of Lincolnshire was commanded to summon the Prior of the said Hospital of S. Iohn of Ierusalem to appear before those Commissioners at Newerk the Wednesday next after the Feast of the Assumption of the blessed Virgin then next ensuing to answer to these particulars Who appearing accordingly did allege that he and his Predecessors had been seized of the said Mill time out of mind as in the right of their House and that the said Mill then stood as it had antiently used to do without that that either he or his Predecessors had built any new Mill there and that this he was ready to justifie And as to the Floud-gates he said that it was erected there time out of mind with this Order viz. that the Gates thereof should be yearly removed from the Feast day of S. Elene in the month of May unto the Feast day of the Exaltation of the Holy Crosse but that after that day untill the Feast of S. Elene they should stand in their places And if the said River of Withom should happen upon any occasion to be so much raised as to be above a certain stake standing on the South side of the said Floudgates then the same Gates to be removed untill the water should abate to the height of that stake which said stake had been there made and placed for a gage time out of mind without that that any Floud-gates were raised higher than that stake or that the same Floud-gates ought to be removed The businesse therefore being come to this issue the said Commissioners sitting at Carleton in Moreland on Friday next after the Feast of S. Iohn Baptist in the year abovesaid it was found by a verdict of the Jurors that the said Prior of S. Iohns and his Predecessors were not seized of the said Mill and Floud-gates time out of mind as had been before alleged but that they were erected there after that time though not by the said Prior therefore it was decreed that the said Mill and Floud-gates should be removed and the Shireeve of Lincolnshire had command to remove them accordingly and to make certificate of his doings
Gutters formerly there were then obstructed and the bridges decayed by means of a certain controversie which had long been betwixt Iohn de Britaine Earl of Richmund and Robert de Grelly touching the metes and bounds of that Fen and through the default of those who ought to have repaired those Sewers Ditches c. the King therefore appointed Iohn Beke and N. Stapleton to enquire thereof c. VVhat was done therein I find not but the next year following the King by the advice of his Justices commanded Iohn Beke N. de Stapilton and Roger Loveday to enquire who ought to repair the Bridge called Peccebrig and the two Bridges in Spalding who finding by Inquisition that the Abbot of Croyland the Prior of Spalding and all men holding lands in Spalding were obliged to the repair of them according to the proportion of land which they held in the said Town so that every acre were assessed alike summoned the Prior of Spalding and all the Free-holders in Spalding to come before them who all of them excepting the Abbot of Crouland appeared and consented for themselves their successors and heirs to repair and maintain those Bridges according to the quantity of their lands that they had there provided that the said Abbot would do the like for his And because the said Abbot absented himself and refused command was given to the Shireeve that he should summon him to appear before the Commissioners before-specified at Boston upon the Eve of S. Laurence At which time he accordingly came and in the presence of Raphe de Hengham I. de Metingham W. de Burenton and Roger de Leicestre agreed for himself and his sâ—ccessors to do as the said Prior had done viz. that they with the consent of the Free-holders of Spalding would repair and maintain those Bridges according to the proportion of their lands in that Town so that every Acre should be assessed alike of the demesnes aswell new as old and of the Villenages And that if any shops or stalls should be built upon the said Bridges all the benefit arising by them should redound to the repair and maintenance of the same In 12 E. 1. Iohn de Wigetost having commenc'd a sute against Iohn the son of Osbert de Swyneheved and divers others for making of Ditches in the said Fen called Haute hundre fen Swyneheved Wyktost Sotterton Algerkirk Kirketon Fraunkton Wyberton and Skyrbek so that he could not drive his Cattel to the said Fen desired license to withdraw his sute which was granted About two years after after this there was a great inundation in these parts at which time the most of Boston was drowned and the Monastery of Spalding suffered much loss The King therefore having advertisement that excessive damage had befallen this Province by the want in repair of the Causey called Holand Causey and by the decay of the Banks Ditches and Sewers in these parts gave special command to Iohn de Vaux and his fellow Justices itinerant in this County of Lincolne that they should search their Rolls and send unto him aswel such Inquisitions as had been made by them touching the repair of that Causey Banks Ditches c. as those which were taken by Martin de Littelbury and his associates Gilbert de Preston and his as also of other Justices itinerant in this County in the time of King Henry the third Who did accordingly which Inquisitions so transmitted as aforesaid did then remain in the custody of Sir Raphe de Hengham upon a certain file of Records of the xxth year of this Kings reign Upon perusal whereof by the Justices of the Common pleas they thought not fit to proceed to judgement nor to cause any distresses to be made because it did not appear by what had been done therein that any of the parties consented thereto but rather that thâ—y were taken in their absence for which respect they deemed it necessary that all such persons as were concern'd in that businesse should appear in Court that the matter might be argued and determined in their presence And because they thought that it would be too much trouble and inconvenience for so great a number of people to appear before the King wheresoever he might then be in this Realm and therefore that it might be better to have the same â—iscussed in these parts the said King did by the advice of those his Justicâ—s itinerant direct his precept unto Iohn Beek Nicholas de Stapilton and Roger Loveday that they should enquire who ought to repair those Banks Ditches and Bridges and to distrain them thereto Who accordingly making Inquisition first concerning the bridge called Pekkebrig and then of the two bridges in Spaldyng and finding that the Abbot of Crouland the Prior of Spalding and all the Land-holâ—ers in Spalding were obliged to those repairs according to the proportion of land which each man had in that Town so that every acre were alike did thâ—reupon summon the said Prior of Spalding and the whole number of the free-holders in that Town All which excepting the said Abbot appeared and agreed for themselves their successors and heirs to repair and maintain those Bridges according to the quantity of their lands in that Town though the said Abbot would not consent thereto for his portion And because the said Abbot did absent himself and refused the Shireeve had command to give him special summons to appear at Boston upon the Eve of S. Laurence at which tune he came thither before the said Commissionersâ— and in their presence as also in the presence of Raphe de Hengham I. de Metingham W. de Brumpton and Roger de Leycestre accorded for himself and his successors that they with the assistance of the Inhabitants of Spalding would repair and maintain the said Bridges according to the proportion of land which each of them had in that Town so that every acre might be assessed alike of the demesnes aswell old as new and of those held in Villenage and that if any shops or stalls should be built or planted upon those bridges all the profit arising thereby to be imployed in their repair In 15 E. 1. W. de Carleton and Will. de Candlesby were constituted Commissioners to enquire through whose default the Sea-banks in this Province were in decay and so consequently broken by the violence of the tides to the great damage of the Inhabitants much of their low grounds being thereby drowned And by an Inquisition taken at Scoft near Trokenhou before Simon de Ellesworth and his fellow Justices upon Monday next after the feast of the Epiphany in the xxiith year of the reign of the said K. Ed. the first it was found that the Towns of Tid and Sutton in this Province of Hoiland in Lincolnshire and of Tid Neuton and Leverington in the County of Cambridge could not be preserved except the fresh water of Scoft neer Trokenhou were restrained unto the bredth of four foot and
c. Whereupon complaint being made unto Mr. Justice Gawdy and other Commissioners of Sewers sitting at Sechie in Com. Norff. xi of April last past it was by them ordered 1. That the said Turks banke should be presently cut 2. That Small lode London lode and Mayd lode be sufficiently scoured by the Inhabitants of Welle and the Londoners 3. That Mayd lode be made xxx foot wide at the mouth xxv and xx foot at the Sluâ—e with Sluses to carry it and five foot in depth and so to be maintained by the Londoners as need shall require Whereupon on May day following the said Bank was cut in many places by reason whereof the water ran so forcibly through the said Cuts that for the space of x or xii days after it sucked in divers Boats and Vessels passing that way And it was farther presented that a little without the upper end of this Bank there hath been a Crest for people to travel on from Welney to Welle in the Summer time when the waters are down for which cause the said Church-path being about fifty years past made of more strength and height than in former times by one Mr. Beaupre the same was not long after cut down in many places by the expresse command of Bishop Goodrick then Lord Chancellour of England and Bishop of Ely In 44 Eliz. there was an Agreement bearing date the xx of March made by Indenture between Sir Iohn Peyton Kâ— Dame Dorothy his wife and Edmund Bell Esquire then owners of the Mannour of Upwell Iohn Richardson and divers others who were at that time the major part of the Commoners and Inhabitants of Upwell aforesaid and Iohn Watts Citizen and Alderman of London Sir William Cokain of London Skinner and others for the drayning of divers Fenny VVasts and Commoâ—s containing about three thousand acres lying in Upwell between a certain Drayn called London lode towards the North Maiden lode and Ship lode towards the South and towards the VVest adjoyning to and upon the Causey-bank extending from London lode to Welney and towards the East upon Denver Common for drayning and maintaining whereof they were to have conveyed unto them their heirs and assigns one full moytie of the said wasts Whereupon with the expence of great sums of money they did accomplish the work and accordingly had the said moytie thereof set out for them which they enjoyed for divers years till about the latter end of King Iames his Reign that the Fen-waters broke their Banks and drowned all again the Country people then turning the Adventurers out of their possessions which they kept till Francis late Earl of Bedford beâ—ame the principal undertaker for draining of the whole great Levell and did perform the work But afterwards his said drayning meeting with some disasters the whole Levell became totally surrounded again and so continued untill William Earl of Bedford and his Participants did in the year 1649. undertake to drayn it anew which in four years time he perfected as I have elswhere more fully shewed VVhereupon Sir Iohn Watts Knight and some others who claimed under the first undertakers before-mentioned were restored to the possession thereof At a Session of Sewers held at King's Lynne 1. Octob. 7 Iacobi before Sir Raphe Hare Sir Thomas Hewar and Sir Henry Spelman Knights Iohn Reppes Thomas Oxburgh Thomas Athow Rob. Gawsell and Richard Bachcroft Esquires and others it was ordained that the Decree made for the drayning of Needham fen and Buriall field the tenth of October 31 Eliz. should be confirmed in all points and an Acreshot of xd. the Acre imposed for the speedy redress of all defaults in the said Drayns Banks c. Certain Observances made upon the Marshes below the 4 Cambridgshire Gotes of the outfall of Wisbeche River and certain Creeks there with their Sands and Deeps by Richard Atkins of Utwell Gent. in June 1605. WIsbeche Chanel falleth from the 4 Gotes Eastward down by Walpole Marshes on the East and South to Crosse-Keys Corner alias Gates-end Corner and from thence passeth towards Tirington Bank leaving to the Southward an high Skore of Clay the only preservative of the Town And when it hath run East as low as against the Beacon then doth it turn flat North under the Sand called Tirington brest lying on the East of the Chanelâ— and so continueth Northwards by the said Brest by the space of 5 miles and there falleth into Blow deepe It is to be observed that upon every flow there commeth from the North out of Blow-deepe a Tide which runneth along Tirington brest on the East side and a Sand called the Thief on the West And out of the West from a Chanel called the Maids Eye commeth another tide and both these do meet within a mile of Tirington banks and so meeting do make great Seas there And many times when the wind is at West or North the Seas rise there higher than they do ten miles off at Sea These two Tides thus united with violenâ—e run right upon Tirington banks and but that God of his mercy hath there placed a Skore of Clay containing not above a furlong in bredth the Bank could not in man's reason stand the next 3 Tides This Skore of Clay by the fretting of the Sea dayly wasteth and the people of the place not understanding what a defence it is to their Banks continually bear away the same to the repair of those Banks never foreseeing their destruction if that Skore of Clay were once gone and the Sea at the ordinary depth of his Chanel suffered to come to the foot of the Bank Where Mayds Eye meeteth with Tirington deep at the very entrance thereof at a dead low water it exceedeth not 5 or 6 foot deep at this day and it hath been observed that in a great drought the whole mouth thereof of hath been stopped with sands but upon the next great fresh that hapned all those sands have been removed and the Chanel grown to the old course again Here is a special observance to be made Qui habet intellectum attendat Decursus namque aquae dulcis viam praebet marinae Oceanus interim ex duobus his canalibus aestuans fossata marina alatrandâ— alluendo inundando lacerando saepissimè gravissimeque ita excercet ut deficientibus aggeribus de quibus malè sustentatis multùm doleo de finali perditione dissolutione partium adjacentium verisimiliter quod absit formidatur nisi Hinc nascitur periculum onus illico acquirendum est remedium salus Homines verò patriae cum plerique inertes sint hebeti ingenio in se invicem nuper pro fossatorum sustentandorum oneribus obruentes de remedio ex sublatâ causâ ne somniare quidem possunt sed nec ingeniosos inertiamque suam desidiosam exosos inter se vivere vix sustinâ—re possunt The head of the 4 Lincolnshire Gotes is preserved especially in Summer by two great Finns brought
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
â—is Commission bearing date at Chauâ—one the 18th of Febr. unto Stephan de Pencestre and William de Echingham to make enquiry in the Premisses and to make redresse of such injury as they should find to have been done therein And in 27 E. 1. the Sea-banks in this County being grown to decay in divers places Robert de Septvaâ—s and William Mause were constituted the King's Justices to take view of them and to take order for their speedy repair In 2 E. 2. William de Walleins and others being constituted Commissioners for the viewing of the Banks and Water-gangs in this County sate at Newcherche upon the Monday next following the Feast of S. Mildrede the Virgin in the said year where by the common assent of the Lords of the Marshes of Lyde and Oxney and the appointment of the King it was ordained that thenceforth the said King's common Bayliff in Romeney Marsh should oversee the Bayliffs and Jurats of the said Lyde and Oxney and when necessity should require to summon them together with the xxiiij Jurats of Romeney Marsh to fit places to consult of Ordinances and making Laws for the defence of the Lands in the said Marshes so that they should alwayes abide by the Determinations and Customes of the said Jurats for the lesse losse and more safeguard of their Lands notwithstanding any Custome to the contrary Saving alwayes the tenor of the King's Charter granted to the Commonalty of the said Marsh and likewise the Ordinances of Sir Henry de Bathe as also of Iohn de Lovetot and his associates for to remain in their full power In the same year Henry de Cobham Junior Iohn Malemeyns and William de Bernefeld were appointed by the King to take view of the Banks Sewers c. in East-Kent So likewise were Waresâ—o de Valeynes Iohn Malmeynes and Henry de Worhope assigned to make enquiry of the Banks Ditches c. in the Marshes of Meyhamme and Gatesdenne upon the Sea coast betwixt Smallyde and Meyhame then wanting repair through the default of Raphe de Thordonne Scoland de Forshamme Thomas Fitz Hubert of Hechyndenne and Walter de Marcleshamme â— who held lands in those Marshes In 6 E. 2. the Jury for the Hundred of Cornylo exhibited a Presentment unto Hervic de Stantone and his fellow Justices Itinerants sitting at Canterbury in the Octaves of S. Iohn Bapt. importing that the Prior of Christs-Church in Canterbury did about ten years then past divert the course of a certain water called Gestling in which such Felons as were condemned to death within the before-specified Hundred ought to suffer judgement by drowning so that by this turning of that stream those condemned persons could not there be drowned as formerly and that this was to the prejudice of the King c. And they likewise presented that the said Prior about two years then past raised a certain Trench of four foot by which the same water of Gestling coming from the upper part of that Country had wont to passe unto the Sea and wherein the King had used to have fishing worth Cs. by the year And that by the said diversion the King not only lost the profit of his fishing but a thousand and five hundred Acres of Land were thereby drowned to the great damage of the said King and all the Country thereabouts The Shireeve therefore had command to summon the said Prior c. Who appearing and the said Jury taking the premisses into farther consideration said upon their Oaths that as to the Fishing the said Prior and Covent had antiently a certain mill in a place called Lydene which Mill being burnt in the time of warr there was no other there built till that the Prior then living about ...... years past erected a new one And they said that after the building thereof the said Prior raised a certain Gutter four foot high which had there been made in former time for conveyance of the water from the upper parts of the Country And they said likewise that without the said Gutter there then was a certain Fishing which the Kings Officers belonging to Dover Castle it being within the liberties thereof sold sometimes for 30s. per annum sometimes for 20s. and sometimes for lesse And that the course of the said water which passed through the before-specified Gutter passed to that place wherein those condemned persons had wont to be drowned and their bodies carryed to the Sea And they moreover said that after the same Gutter was so raised the water so descending from the upper parts before-mentioned could not passe through it whereby not only the said fishing became totally lost but the drowned bodies could not be conveyed to the Sea by that Stream as formerly and all this by reason that the water had not it's passage there as usually and that the ground without the Gutter so increased and grew higher that the stream could not have it's course there And the said Jury being asked how long that Gutter had been so raised they answered for four years onlyâ— And what the said fishing was yearly worth they replyed one Mark The Shireeve thereof had command that he should cause the said Gutter to be put into the same condition as it was before and that the earth without the Gutter so raised should be thrown down again at the chardge of the said Prior c. so that the course of the before-mentioned water might run as it formerly did and the said Prior was amerced About two years afterwards viz. in 8 E. 2. Will. de Basinges Will. de Swantone and Will. de Leteriche were constituted Commissioners to oversee the Banks Ditches c. in the Marshes of Romenale and Oxene in this County and to take order for their repair So also in 9 E. 2. was Robert de Kendale then Constable of Dovor Castle Iohn Malmeyns of Hoo and Will. de Cotes for those in East-Kent The like Commission had Iohn de Ifelde Will. de Cotes Stephan de la Dene and Will. Lotriche in 10 E. 2. As also the said Robert de Kendale Nich. Kyriell Iohn Malemeyns of Hoo and William de Cotes In 11º E. 2. Thomas de Sandwiche Will. de Cotes Will. de Derby and Thomas de Poveyn were specially appointed to view the Banks Ditches c. in the Marsh of Chistelet lying also in East-Kent and to cause the defects therein amended The next year following Edmund de Passele Will. de Dene and Iohn de Ifeld were assigned to take the like view c. for those Banks and Ditches lying neer Newendene and Rolvyndene In 14 E. 2. Iohn Abell and Robert de Shirlond for those on the Banks of Medway neer to Reynham and the parts adjacent which had received much decay by the fresh waters And in 16 E. 2. the before-specified Edm. de Passele Iohn de Ifeld and Stephan de la Dane again for those
the 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
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
appearing said upon their Oaths that there was not then nor ever had been any such common Sewer in Hornese â— as was presented and therefore that the said Abbot and Covent neither did nor had used to repair any such bridge over the same But they said that the said Town of Hornese had wont to repair a certain bridge there of one foot in bredth for foot folk for their own proper useâ— and therefore the said Abbot and Covent was dischardged In 23. H. 6. Iohn Portyngton Sir Iohn Constable VValt Gryffith Robert Hatfield Rob. Rudstone and Thomas VViltone were assigned to view and repair the banks c. within this liberty of Holdernesse and the Wapentakes of Bokeres Dykeryng and Herthill in the Est Rything of this County And to make Laws and Ordinances therein according to the Laws and Customes of Romeney marsh The like assignation in 24 H. 6. had Sir Iohn Constable Knight Rob. Hattefield Alexander Lounde Rog. Rodestone Henry Thwaytes Thomas VVilton and Iohn VVencelagh and to proceed therein as aforesaid So also in 28 H. 6. had Sir Iohn Melton Knight Iohn Constable of Halsham Esquire Rob. Hatfield Alexander Lound Henry Thwaytes and the rest In 33 H. 6. Robert Aunsell Mayor of the Town of Kyngston upon Hull Hugh Clyderowe Iohn Haynson and others were constituted Commissioners for the view and repair of those banks c. from Dripole in Holdernesse to Elytone and to act as aforesaid The like Commission in 37 H. 6. had Sir Iohn Melton Knight Iohn Constable of Halsham Esquire Rob. Hattefield Alexander Lounde Henry Thwaytes Guy Fairfax VVill. Eland and Thomas VViltone for all those within the liberty of Holdernesse and in the VVapentakes of Harthill Dykering and Bukrose viz. on the East part of the way which leadeth from Hesyll to Bayntone thence to Driffelde thence to Bridyngton adjoyning to the said liberty of Holdernesse And in 4 E. 4. Sir Rob. Constable and Sir Iohn Constable Knight Robert Hilliard Iohn VVenslagh Rob. Sheffield and VVill. Eland were assigned to view and repair all those which were then in decay on the VVest part of the said way from Helyll to Baynetone and from thence to Bridlyngtone and thence to the Sea and so in all Holdernesse and other parts on the East and South side of those places So also in 13 E. 4. were Rob. Sheffelde Edward Saltmershe Iohn Copyndale Roger Kelk Iohn Middiltone and Thomas Minskip for those on the East part of that way which leadeth from the Lordship of Lekynfield unto Cotingham and from the Lordship of Cotyngham to Waghene and thence to the River of Hulle unto the Lordship of Eske and also to proceed therein as aforesaid CAP. XXIV FOr the repair likewise of divers banks and Sewers in several other parts of this County there were upon occasion sundry Commissions issued viz. in 16 E. 1. to Thomas de Normanvile and Simon le Conestable touching those upon the Sea-coast and Verge of Humbre And so also the year following for those betwixt the River of Humbre and Lambflete The like Commison in 31 E. 3. had Robert de Herle Thomas de Seton Iohn de Moubray and Will. de Routhe at the request of Iohn of Gaunt then Earl of Richmund a great part of his lands Meadows and Pastures from the Mill at little Hoton to the Towns of Yafford and great Daneby being by the overflowing of the River Wyske for want of clensing the Chanel thereof much dampnified And in 34 E. 3. Robert de Herle Godfrey Fuljaumbe Iohn Moubray and others were appointed to view and repair the Banks and Sewers upon the River of Wyske from Stokedale heved to Brakenbergh and thence to the River of Swale In 38 E. 3. it was by an inquisition found that through the extraordinary overflowings of the river Ouse which broke the banks very much the Mannor of Moranwick was totally drowned And upon a pleading in 44 E. 3. the Jurors presented that the Sewer called Fosse which runneth to the great river of Fosse from a place called the Walbot enge without the Town of Strensale unto the Abbots milne in the Suburbs of the City of Yorke was so filled up with mud and weeds that the rain descending thereabouts could not passe therein as it had wont to do And that it ought to be scoured by the Towns of Strensale Esterwyk Touthorp Haxby Huntingdon and Clifton Neither was it gain-said by the said Towns of Strensale Esterwyk and Haxby but that they ought to clense and repair the same wheresoever their land lay adjacent thereto therefore the Shireeve had command to distrain them In 3 R. 2. Will. Latimer Roger de Fulthorpe Iohn de Clifford Thomas Lovel and Iohn de Sadyngton were constituted Commissioners for the view and repair of the banks c. in the Wapentakes of Bulmere Ridwell and Bridford The like Commission in 6 R. 2. had Henry Percy Earl Northumberland Sir Robert Conestable Knight Sir Peter de Bukton Knight Iohn de Aske Thomas Lovel and Thomas de Beverley for those betwixt Kingston upon Hull and Darwent and the parts adjacent Upon a pleading in 5 H. 4. the Jurors found that there was not any common Road-way in Skakilthorp and Popilton through the pasture of Skakilthorpe and that the Abbot of S. Maries in Yorke ought neither to clense the Sewers there called Fowlfosse nor repair the said way the Abbot therefore was dischardged Upon the like pleading in 14 H. 4. it was also found that the River of Derwent at the Conyngdyke and over against the Calf gate was so obstructed that it did overflow the Meadows of Knapton Skamston and Wintringham and that the Abbots of Rivaulx and his Predecessors ought to scour it But the Abbot having seen the said Presentment and pleading that forasmuch as mention was made in the Presentment that the damage done thereby was only to that Town in which case a particular action lay by the said town against him by the Law of the Land and not to the King except it had been a common nusance which was not supposed by the same Presentment therefore the said Presentment being insufficient of it self he was dischardged In 7 H. 5. Will. de Lodyngton Sir Richard Redmayn Knight Rob. Waterton Rob. Maleverer Guy Roclyff and Iohn Dawney were appointed to view and repair the banks and Sewers betwixt the Rivers of Use and Ayre in this County and to do all things therein according to the Custome of the Marsh and the Law and Custome of this Realm The like in 11 H. 6. had Iohn Archbishop of Yorke Rich. Duke of Yorke Rich. Earl of Salisbury Iames Strangeways Sir Rich. Stanhope Knight Raphe Bapthorpe others for all those betwixt the River of Trente the Kings High way which leads from the town of Ferribrigge unto the town of Worsoppe called Watlyngstrete and thence by the common
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
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
out the Malefactors Anâ— for the better discovery of them did the year following issue out another Commission unto Will. de Bereford Will. de Carletone and Simon de Ellesworth by which there is mention made that Peter de Campania Thomas de Hacford and Adam de Shorpham having been appointed to view where and in what manner the water of Utwelle before spoken of might have it's passage to the Sea by Chanels and Gutters without mixing with the waters of the adjacent Towns for the more security of the Inhabitants of that Country did cause it to be stopt in three places and reduced to it's right and antient Chanel The like Commission about three years after was directed to William de Carletone and Will. Haward Whereupon they met at UUelle upon Wednesday after the Octaves of Easter at which time and place the Shireeve of Norfolk brought a Jury who being then and there sworn said upon their Oaths that Robert Russel Bayliff to the Abbot of Ramseye Iohn Mayner Walter Hulleman and others did by force and arms break down that Dam so made at Smalelode as hath been observed and that Richard Curteys broke the other at UUadyngstowe for which respect the said Shireeve was commanded to take the said Robert Iohn Walter and the rest of those Malefactors and imprison them safely till hâ— should receive farther order In 1 E. 2. at a Session of Sewers held at Cowstowe within the Liberties of Tilney before Richard de Halstede and others upon the Monday next after the Feast of the Apostles Peter and Paul it being found by the Jurors that the Sea-bank from the stone Crosse unto Cowstowe aforesaid was then in good repair viz. in bredth xij foot and as high as was necessary the Prior of Meremonde and Sir Henry de Walpole Knight Attorneys to the Prior of Ixworth did take exceptions against that verdict because it was presented to be a Sea-bank alleging that from Lakebrigge to Cowstowe there was not any Sea-bank or Marsh-wall but that there was a certain Causey for driving of Cattell belonging to the Towns of Upwell and Utwell into and out of their Common within the Fen which Causey was no safeguard to any mans land and that it was then sufficient for that purpose with some repair of a sew defects therein Whereupon the said Prior and Henry required judgement from the before-specified Commissioners therein and that the persons who had benefit by such driving of their Cattel too and fro should contribute to the making and repair thereof according as they had Commodity thereby as it was the Custome of the Country and as the said Kings Commission did direct which Judgement and Decree was published accordingly and the said Jurors amerc'd for their erroneous presentment After this viz. upon Saturday next after the Translation of S. Thomas the Martyr in the first year of the said Kings reign at a Session of Sewers held at Wisebeche came the said Prior of Mermonde and Sir Henry de Walpole before R. de Seytone and his fellow Justices in the behalf of the said Prior of Ixworth and took exceptions against the verdict of the Jurors made at Welle in the fourth year of the said Kings reign in regard they then presented that the said Prior had two brecks upon the brink of his Frontier which he ought to amend and repair and that they said and decreed that from the said Stone-crosse unto Cowstowe each man ought to be chardged to the making of his brinks so adjoyning to his Frontiers Which Prior then said that from Lakebrigge to Cowstow there was neither Sea-bank nor Marsh-wall or any other defence than only a Causey whereupon the Commoners of the Countrey did drive their Cattel and that every man ought to be assessed for the repair thereof according to the benefit which he had by it and this he desired might be enquired of by the Jurors Who being accordingly impanelled and sworn did on the behalf of the said Commoners of Welle justifie the said Decree and thereupon they put themselves upon tryal of another Jury Which Jury being sworn said that the said Bank from Lakebrigge to Cowstowe was not then a Bank for the safeguard of any mans land as aforesaid howbeit in antient time before the fresh waters had their passage towards Wigenhale it was a Bank of defence â—ut since that it neither was nor could be except a new Ordinance were made in regard of the excesse of water and height of the ground And they farther said that the before-specified Prior in those days was not alone lyable to the making and repair of the same Bank from his Priory unto Cowstowe as the sâ—id Jurors had presented because he did not alone receive benefit thereby And they said that the Bank within those bounds was the safeguard and defence of the Fishing there and for the Pasturage of the Commoners because that by the said Bank the same Priors fishing and other borderers was both kept from the Sea-water and that the Fish could not get away into the Fen. And as to the Pasturage they said that the same Bank did serve for divers Commoners and people of the Counties of Huntendon Cambridge and Norfolke to drive their Cattel to and fro from the Commons of the Fen. And they did finally ordain that the said Prior and every person having fishing within the bounds from Lakebrigge towards Cowstowe should according to the quantity thereof and the Commodity he had thereby make the said Causey and Bank And that the said Prior and every Commoner of the whole Hundred of Wisebeche and all others who had drift for their Cattel that way should contribute to the repair and maintenance thereof according to the benefit which accrued to them thereby as abovesaid And moreover that the said Prior should recover damages for that erroneous presentment which were tax'd at xxs. In 7 E. 2. Walter Bishop of Cov. and Lich. and Henry de Stantone were assigned to view the Banks and Sewers in these parts of Marshland and to take order for their repair The like assignation in 12 E. 2. had Iohn Haward and Iohn Hotoft for those at Tirington So also the next ensuing year had Thomas de Ingoldesthorpe Iohn de Fitton Iohn de Hotoft and Will. Bataile for all the banks throughout this Province of Marshland But in this last specified Commission the said Thomas de Ingoldesthorpe and his associates did nothing in effect so that great complaint was made to the King by the Inhabitants in these parts he therefore issued out a new Commission to them bearing date the 24th of August in the 14th year of his reign commanding them that without delay they should proceed therein Whereupon a Jury was summoned to attend them at Tyrington upon Fryday being the Feast day of the Decollation of S. Iohn Baptist. Who appearing accordingly did upon their Oaths present that the preservation of the Town of Wigenhale
those fields as of all others lying within the Precinct of the said Bank called Pokediche to be then newly made that there should be made one new Pipe under the Bank called Kirkfield diche and under the great River there and the said new Bank on the VVest side of the said Priory of Mullycourt And likewise one new Sewer from the said new Pipe through Mullycourt drove to Rightforth lode thence into North hooke and thence into the great River which runneth from Salterys lode to Bishop's Lynne And that all persons having Lands and Tenements in the said fields called Plawfield and Kirkefield should always repair clense and scour the said Pipe and Sewer so to be new made unto Kightforth lode at their own proper costs and charges when and as often as need should require And that all persons and their heirs having lands in the said fields called Budbeche and Sandy field should have one Sewer there for avoiding the fresh waters thence into Blewe diche and from Blâ—we diche unto Rightforth lode And that the same persons so having lands in those fields called Budbeche and Sandyfield should repair and clense the said Sewer unto Blewediche for the future at their own costs and chardges whensoever need should require And that the same persons their heirs and assigns having lands in the said fields called Budbeche and Sandy field as also all the said Inhabitants of those Towns of Upwell and Outwell having common of Pasture within the precinct of the same Bank called Pokediche to be so new made as aforesaid should repair and maintain the said Sewer from Blewe diche to Rightforth lode for the future at their own proper costs and charges as often as need should require And that all persons having Lands in the said fields called Plawfield Kirkfield Budbeche and Sandyfield as also all the Inhabitants of Upwell and Outwell having Common of Pasture and Fishing within the Precinct of the said Bank called Pokediche so to be new made as aforesaid should repair the said Sewer called Rightforth lode unto North hooke at their own proper costs and chardges for the time to come whensoever need should require And they likewise ordained that the Abbot of UUest Dereham and his successors should new make repair and maintain well sufficiently for the time to come one Causey of six foot in bredth Eastwards throughout all that part of his land lying betwixt the old Pokediche on the North part and a certain piece of land belonging to the Abbot of Ramsey and another pertaining to Thomas Duke of Exeter on the South part and abutting on the before-specified great River towards the East And that the said Abbot and his successors should be justified and ordered for the not making and repair of the same Causey according to the Law and Custome antiently used in the Town of UUigenhale And that the said Abbot of Ramsey and his successors should also new make repair and maintain one other Causey of six foot likewise in bredth through another piece of his land lying on the East part towards the said great River And they farther ordained that every person having lands Common of Pasture or Fishing within the land of the said Abbot and Common lode should likewise new make repair and maintain one Causey well and sufficiently viz. each man against his own land towards the said great River And for the performance thereof that they should be compelled by the Steward of Thomas Duke of Exeter for his Mannour of Stow Bardolf his heirs and assigns in the Court of Stow-Bardolf And that all the Tenants and Inhabitants in the Towns of Downham hithe Wimbotesham and Stow Bardolf should new make as also repair and maintain well and sufficiently for the time to come a certain Causey beginning in a place called Common lode and extending it self from thence to Salterys lode All which Ordinances and Agistments so made in form aforesaid the Towns in Marshland before-mentioned as also Welle Wigenhale Dounham hithe Winbotesham and Stow Bardolf did for the time to come agree for themselves their heirs and assigns to observe and hold firmly It was therefore decreed by the before-specified Justices that the Inhabitants of the said Towns which had Laâ—ds Common of Pasture or Fishing within those fields and safeguard of the said Bank called Pokediche to be new made in such sort as aforesaid should for the future be obliged to repair and maintain the same according to the form and effect of the Inquisition Ordinances and Agistments before declared and to be distrained for the time to come for the performance thereof as often and when need should require In witnesse whereof the said Henry Rocheforth and Thomas Dereham did affix their Seals thereunto VVhich Inquisition and Ordinances were exemplified by the said King Henry the sixth under his great Seal upon the xijth day of May in the third year of his reign And in respect that the ground from Salterys lode to North delfe before-specified whereon the said Bank was to be raised was then the proper soyl of the said Thomas Duke of Exeter as part of his Mannour of Stow Bardolf the said Duke in confirmation thereof did by his Deed wherein he likewise stiled himself Comes Dorcestriae Harcuriae Admirallus Angliae bearing date the Monday next aftâ—r the Feast of S. Peter ad vincula in the said first year of the reign of the same King King Henry the sixth grant and confirm for himself and his heirs to Iohn Bishop of Ely Sir Iohn Colvile and Sir Henry Rocheford Knights Richard Peverell Thomas Karvile Thomas Dru Robert Karvile and Edmund Massingham Esquires and all the Inhabitants of Wigenhale Tylney Islington Cleuchwardon Terington Walton Enmethe Walpole and Walsoken in the parts of Mershland their heirs and assigns the said Bank called Pokediche so to be new made and raised for safeguard against the said fresh waters on the North part of the River which runneth from Welle to Salterys lode and Wigenhale beginning at Salterys lode aforesaid within his the said Duke's Lordship which extendeth it self in length from thence unto Northdelfe before-mentioned viz. ground containing xxiiij foot on the South side of the same Bank for the making repairing and maintaining thereof as also sufficient ground on the North side thereof xl foot distant from the same for the repair likewise and maintenance thereof provided that they should not dig any earth on the said North side thereof for the purposes abovesaid as long as the said Bank could be fitly repaired with the earth on the South side And he did moreover grant and confirm to the said Iohn Bishop of Cly and the rest of the persons above-specified their heirs and assigns that they not any of them should be molested in their passage to and fro in the making and repair of the said Bank wheresoever there might be cause for the same Saving neverthelesse to him the said Dâ—ke and his heirs Wayfe Stray and other amerciaments for
Hue aud Cry as also for blood shed within his said Lordship at all times of the year After this viz. in the same third year of the said King Henry the sixth William Babyngton Sir Iohn Colvyll and Sir Henry Rocheforth Knights Will. Paston Tho. Derham and Iohn Mannyng were constituted Commissioners to view the Banks Sewers Ditches Bridges and Causeys betwixt UUalpole and Tilney and to determine all things therein according to the Law and Custome of this Realm as also to take so many Diggers and Labourers upon competent wages as they should think necessary for that service in regard of the great expedition which through the decay of those works was then required Several other Commissions were afterwards issued out in this Kings reign to the like purpose scil in 8 H. 6. to Sir Henry Rochefort and Sir Robert Clyftone Knights William Pastone William Goodrede Thomas Derham Simon Fyncham and Thomas Shuldham for all those Banks Sewers c. in the Towns of Uppâ—welle Outwelle and Enemethe betwixt the River which goth from Wellynhee to the Priory of Mullycourt and the River which passeth from Enemethe unto the said Priory and to proceed therein as abovesaid In 22 H. 6. to Sir Thomas Scales Kt. William Yelverton Hugh Prior of Wirmegay Thomas Trusbut Iohn Fyncham Thomas Salesbury William Willy and Raphe Geytone for those throughout the whole Province of Marshland and the parts adjacent from Marham to Wigenhale and to do all things therein according to the Laws and Customes of Romeney Marsh. The like Commission had the said Sir Thomas Scales William Yelvertone Thomas Trusbut William Eweyn and Thomas Salisbury in 30 H. 6. So also had Iohn Earl of Oxford Iohn Viscount Beaumont Iohn Heydone Iohn Fyncham and Iohn Bekyswell for all those betwixt the waters of Wâ—lle and the water which leadeth from Welle to Salterys lode and Wygenhale In 21 H. 7 the said Bank called the new Pokedike was totally measured and then found to contain in length from the house of Iohn Pye at Salters lode unto the house of Iohn Bekeswell at Northdelf xviij furlongs and xxvij perches the repair thereof belonging as followeth viz. To the Tenants of the Lord Bardolf xxij perches To the Town of Wigenhale three furlongs xviij foot and four inches To the Towns of Tilney Islington and Clenchwardon three furlongs xviij foot and four inches To Tirington three furlongs xviij foot and four inches To Walpole three furlongs xviij foot and four inches To UUalton and Emneth three furlongs xviij foot and four inches To Walsoken three furlongs xviij foot and four inches To Iohn Bekyswell opposite to his house at North delf xv perches And from Northdelf to Mullycourt it contained in length xiiij furlongs and seven perches whereof the repair belonged as followeth viz. To Walsoken two furlongs xv perches five foot and four inches To UUalton and Emneth two furlongs xv perches five foot and four inches To Terington two furlongs xv perches five foot and four inches To Tilney with Islington and Clenchwarton two furlongs xv foot and four inches To Wigenhale two furlongs xv perches five foot and four inches Memorandum that upon the seventh day of Iuly 21 H. 7. every Acre of ground in Marshland was assessed at four inches for the maintenance of the said Bank But notwithstanding this care taken for repair thereof such was the wickednesse of some people that they divers times made breaches in sundry parts of it insomuch as complaint being made in Parliament Aº 22 H. 8. this ensuing Act was thereupon made WHereas before this time divers evill disposed personnes of their perverse and evill dispositions maliciously at divers and sundry times have cut cast down and broken up divers parts of the Dike called new Powdich in Marshland in the County of Norff. and the Broken dyke otherwise called Oldfield dyke by Marshland in the Isle of Ely in the County of Cambridge By reason whereof aswell by the great aboundance of the Salt water as also by the course of the Fresh water entring and coming into and by the said part of the said Ditches so broken and cast down the grounds and Pastures within the Countie of Marshland in the County aforesaid have bene divers and many times drowned and surrounded with the water aforesaid so that no profit thereof might be taken by the owners and occupyers of the said ground And the Inhabitants within the said Marshland and the Levell of the same many and sundry times have been not only put to importunate chardges and expenses to their extreme damage and costs but also to their grete undoings having lost much of their Cattel and Beasts then being and depasturing upon and within Marshland aforesaid to their grete damage and losse and to the grete decay of the Common welthe of the Country adjoyning to the same And also by reason of the same waters much people have bene drowned in their beds within their houses and have lost the most port of their goods being within the same For reformation whereof it is ordayned enacted and established by the King our Sovereign Lord by the assent of the Lords Spiritual and Temporal and the Commons in the present Parliament assembled and by the authority of the same that every such perverse and malicious cutting down and breaking up of any part or parts of the said Dikes or of any other Banks being parcell of the Rinde or uttermost part of the said Country of Mershland at every time and times hereafter from henceforth by any person or personnes committed and done otherwise than in working upon the said Banks and Dikes for the repairing fortifying and amending of the same to be taken reputed and adjudged Felony and that the offenders and doers of the same and every of them be adjudged and reputed Felons And that the Iustices of Peace of the said Counties of Norfolk and Cambridge in the said Isle at every of their Sessions within the said Isle and Counties to be kept by the authority aforesaid have full power to cause enquiry to be made after every such offence so at any time in form aforesaid hereafter to be committed and done and to award the like processe against every of the said offenders with like judgement and execution of the same if they or any of them be thereof found guilty by verdict or otherwise as the said Iustices have used and accustomed to do upon other Felonies being Felony at the common Law Which Statute was in 5 Edw. 6. by an Act of Parliament then largely made for the repeal of divers Treasons and Felonies cleerly repealed and made void But in 2 3 Ph. M. it was again revived In which year there were these ensuing Ordinances made upon the eighth day of April by the chief Inhabitants of this whole Country of Marshland and Town of Wigenhale touching the Old Powdike and Broken dike 1 That the said old Pow diche be sufficiently made
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
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
support of the Banks of the Marshes called Estmersh and Becard and of divers other Marshes which lying within those limits except before excepted served for the defence and safeguard of the same Land and Marsh from the peril of the Sea and inundation of the salt water were through the violence of the tides and overflowings of the fresh waters running to the Sea broken in many places so that inestimable losses would very likely happen in a short time unlesse a speedy remedy were taken By reason whereof by virtue of the said Letters Patents the Shireeve was commanded that he should not neglect for any Liberty but cause xxiiij aswell Knights as other honest and lawful men of this County by whom the truth might be the better known to come before the said Justices at Apuldore in the said County on the Thursday before the Feast of the holy Trinity then next ensuing to enquire and make certificate to the said Justices concerning the Premisses and touching other Articles and circumstances specified in the said Letters Patents and lastly to do and receive what should be enjoyned them on the said King's behalf At which day came before the said Iohn Fogge Iohn Scotte Will. Haute Iohn Elryngton Iohn Brumstone and Iohn Nethersole six of the before-specified Justices at Apuldore aforesaid William Brent who prosecuted for the King in this businesse And Richard Haute then Shireeve of Kent made return of the said Precept to him directed executed together with two several Panells affixed thereto containing the names of the Jurors to enquire in form aforesaid All which being performed as of right it should be Robert Godfrey Thomas Ieffe Will. Hikke and others of the first Panell made their appearance and being severally sworn as is evident by those Panells and charged to enquiâ—e of the premisses and not being agreed on their Verdicts did severally request a farther day for the delivery up thereof to the intent they might in the mean time make more diligent enquiry of the premisses and then present the same before the said Justices All which upon that their desire and by the assent of the before-specified VVill. Brent then the said Kings Attorney in this businesse was granted and thereupon a day was given to the said Jurors to come before the said Justices at Lyde in this County upon the Friday then next following And the said Jurors were then advertised that they should in that interim enquire diligently of the premisses and then to appear severally to deliver their Verdict each man upon the penalty of xls. Upon which Friday the said Sir Iohn Fogge and the other Justices last mentioned did all of them personally go to the said Land and Marsh to take view of the Banks lying within the before-specified limits touching the danger whereof the said Justices had received information as aforesaid And then and there the Bayliff and divers of the Jurats of Romeney Marsh mentioned in the said Letters Patent as also other discreet persons to apply a fit and proper remedy for avoiding this danger and losse being expert men in the Statutes Ordinances and Customes of the said Marsh as also very many others who had and might have by those Banks safeguard and defence for their Lands within the said bounds except before excepted and then and there in their presence did take deliberate and diligent view of all those Lands and Marshes aswell at a distance as neerest to the danger and likewise of all the Banks and whatsoever else was necessary for the safeguard and preservation of those Lands and Marshes and did then desire of the before-mentioned Bayliff and Jurats of the said Marsh of Romney and of the other discreet and expert men advice and counsel for applying a fit and speedy remedy in this behalf And afterwards on the before-specified Friday at Lyde aforesaid came the said Will. Brent who then prosecuted for the King in this businesse before the said Sir Iohn Fogge and the rest of his said fellow Justices before named And aswell the said Jurors of the first panell as those of the second being impanelled in form aforesaid as also sworn and chardged to enquire of the premisses came and severally said upon their Oaths that in the said Lands and Marshes within those limits before mentioned except before excepted the wall of the Marsh of the Becard called Becard Wall leading from the Marsh called the Kete unto the Marsh of Estmarsh And also the Bank of the said Marsh called Estmarsh Wall leading to the Ree Wall were defective and stood in need of repair for resisting the Sea and salt water And if that the salt water of the Sea should enter on any part of the said Banks or in any place from thence to Holmystone aforesaid which is at the East part of the Bank called Newe Wall lying betwixt the Sea and the Land of Promhill aforesaid and that a resistance thereof could not be easily made all the Lands and Marshes before mentioned situate within the precincts before-specified except before excepted touching the danger whereof information was given in form aforesaid unto the said Justices would be in a very short time overflowed with the salt water to an inestimable damage And the said Jurors did likewise severally expresse that it would be proper for the safeguard and defence of all those Lands and Marshes except before excepted called Becard Wall and Estmarsh Wall to be sufficiently repaired as soon as conveniently could be and continually sustained against the violence of the Sea Storms and Tides lest the salt water should get in at any of them and thereby all these Lands and Marshes except before excepted be drowned And they farther said that it would be very expedient that the said Bank called Newe Wall which is without the said Banks called Kent Wall and Simonds Wall and within the bounds aforesaid except before excepted should be sufficiently repaired as soon as might be to withstand the rage of the Sea storms and Tides for the defence of the said Banks called Kent Wall and Simondes Wall and afterwards continually maintained for prevention of the peril of the Seas inundation whereunto those Lands and Marshes were subject And likewise the said Jurors in form aforesaid sworn and severally chardged did say upon their Oaths that it seemed to them expedient that the Lands and Marshes called Cheyncourt Seynt Thomas Innyng and White kempe which were within those precincts and lyable to the said danger should be drayned by one Sewer in the Land of Thomas then Archb. of Canterbury at Rounde mershe running into the Sea where the Gutter then was and that there should be made in that place Sluces and Gutters fit and proper for that purpose And that there should also be Bayliffs Jurats and other Officers within the said limits except before excepted for the view and conservation of the Marish grounds and Banks within those bounds except before excepted And that there should be had for every Sea-bank there a
common Forland as before that time had been used upon which such carriages as should be necessary for the repair maintenance or making of those Walls might without impediment be made And likewise the said Jurors being in form aforesaid sworn did severally say that the Land-holders in the said Marsh called the Becard who ought to pay and contribute to the repair and maintenance of the Banks within those limits except before excepted had not any way by which they might go ride or drive to that Marsh nor from it except over other mens Lands or upon the Banks or Forland leading thence to and from the said Marsh. And they said that according to the Custome of the Marsh-law there in all such cases before that time used the Tenants of that Land at their pleasure might go ride and drive to and fro to the said Marsh and from the said Marsh over and upon the Forland of the Banks leading to the said Marsh and from the same And as to the number of Acres or partition of the Lands and Marshes c. within those limits except before excepted or of the certainty of the Land-holders and how much land every such Tenant had or held of the said Lands and Marshes within the said limits except before excepted the said Jurors did severally present the certainty thereupon according to the form and as it was contained in the Books of Sewers within those limits except before excepted then exhibited before the said Justices And thereupon the said Iohn Fogge Iohn Scotte and others to the number of eight of the said Justices forasmuch as upon their said view and inquisitions aforesaid made and taken in form aforesaid it evidently appeared to them that the said Lands and Marshes within those limits except before excepted were lyable to the danger of drowning by default in repâ—ir and maintenance of those Banks whereupon in short time inestimable damage might accrue unless a fitting remedy in that behalf were the sooner had and that all the Lands and Marshes within those limits except before excepted might very well be preserved and defended by the repair and support of those Banks and by the making of Sewers Ditches and Gutters in those Marshes from the danger of the Sea and the flouds of fresh waters to the great commodity of all the Landholders within those precincts except before excepted and that in default of such repair and support of those Banks and every of them all the lands and Marshes those excepted as aforesaid would be in peril of the Sea and easily overwhelmed to the inestimable losse of all the Landholders there whereby all those Tenants except before excepted ought equally to contribute to the cost and chardge of such repair and maintenance for the safeguard and defence of their lands and Marshes there from this peril and inundation viz. every one of them according to the proportion of what he held as his number of Acres and Perches of land there as in the said Marsh of Romeney according to the Ordinances Statutes and Customes thereof had and to that time used in the like case there had wont and ought to be done Considering besides that the said lands and Marshes lying within those limits except before excepted were never before setled under any certain and fit Statutes or Ordinances by any Authority for their secure defence and preservation And moreover forasmuch as the said King desiring seasonably to provide for the safeguard of this his Realm and chiefly for those parts upon the Sea-coasts in his Parliament held at Westminster the sixth of October in the xijth year of his reign and by divers prorogations continued till the first day of May in the xiiijth year thereof by the assent of the Lords Spiritual and Temporal sitting in the said Parliament at the Petition of the Commonalty of this his Realm then and there exhibited to him amongst other things ordained and constituted that several Commissions of Sewers should be issued out to sundry persons by the Chancelour of England for the time being throughout all the parts of this Realm where need should require according to the form of a certain Commission in a Statute made in the Parliament of Henry the sixth in Deed but not in Right King of England held at Westminster in the sixth year of his reign And that the said Commissioners should have full Power and Authority to make ordain and constitute Statutes and Ordinances and to perform all other things according to the power and effâ—ct of those Commissions as in the said Statute of the said xijth year published is more fully contained Whereupon the said King issued out his Letters Patents to the before-specified Sir Iohn Fogge and the rest of the Justices before-mentioned in form aforesaid the tenor of which Petitions and answers thereto and of the Statutes Ordinances and Customes of the said Romeney Marsh were contained in a certain Roll annexed thereunto Having also regard to the publick advantage and common profit aswell by virtue and authority of the said Statute published in the said xijth year as of the said Letters Patents as aforesaid hereupon made to the before-specified Justices in form aforesaid and other premisses that it would seem just and equal to them in this behalf and most consonant to reason to establish and ordain what should be most proper for the avoiding of the perils and damages abovesaid calling together such as the businesse concerned for the perpetual safeguard and preservation of the said lands and Marshes within those limits except before excepted by the assent aswell of all those Jurors of the Enquest aforesaid appearing before the said Justices who had lands within the limits aforesaid lyable to the said danger to be preserved in form aforesaid as also of very many Lords of Fees and other Land-holders there being on the said Friday at Lyde aforesaid in pursuance of the said King's Royal purpose for more advantage and lesse detriment the said Justices did provide make and publish certain proper and commodious Statutes and Ordinances for the King's people and especially for all the Land-holders in those grounds and Marshes within the said limits except before excepted not favouring any person therein to endure and be observed for ever as followeth First it was decreed and ordained by the said Iustices with the consent aforesaid that thenceforth and for ever there should be within the Lands and Marshes aforesaid within the limits aforesaid except before excepted two Bayliffs twenty four Iurats two Collectors and two Expenditors of the Land-holders within those limits except before excepted for the preservation safeguard and defence of the said Lands and Marshes except before excepted and of the Banks belonging thereto By the consideration of which said xxiiij Iurats ten or eight of them at least the said Lands and Marshes except before excepted ought to be governed kept defended and preserved from the peril of the Sea and inundation of the fresh maters by Banks
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
said bank to take care of it's amendment In 34 H. 6. Sir Iohn Fortescu Knight then chief Justice of the Kings bench Iohn Fylolle Thomas Burgoyne Walter Grene Iohn Harpour Robert Tanfeld Will. Chadworth Thomas Cornwalys and Thomas Croxton were appointed Commissioners for the view and repair of the banks c. lying betwixt S. Katherines Mill before mentioned unto the Chapel called S. Marie Matfelone thence to the Church of S. Dunstans in Stepenhithe thence to the Church of S. Leonard in Bremley thence to the River of Leye thence to the Thames and so to the said Mill And to make Laws and Ordinances according to those of Romeney marsh The like Commission in 7 E. 4. had Thomas Abbot of Graces neer the Tower of London Thomas Urswyk Thomas Frowyk Esquire and others In 14 E. 4. Sir Thomas Urswyke Knight Iohn Elryngtone Thomas Frowyk Will. Essex and others were assigned to view and take order for the repair of all those banks c. lying betwixt the Tower of London and the Town of Stratford atte Bowe and to proceed therein by making Laws c. and otherwise according to the Laws and Customes of Romeney marsh In 20 E. 4. Thomas Bishop of London Edmund Abbot of Graces Will. Wirsley Dean of Pauls Sir Iohn Elryngton and Sir Thomas Frowyk Knights Richard Gardener and others had the like assignation for those betwixt the Town of Lymeostez and the wall called Black Wall So also in the same year had the said Thomas Edmund and William together with Henry Sharpe Dean of the free Chapel of S. Stephan within the Kings Palace at Westminster Iohn Harding Master of the Hospital of S. Thomas of Acon in the City of London Sir Iohn Elryngton Knight Sir Thomas Frowyk Knight Richard Gardner and others for all the banks upon the River of Thames and Leye betwixt the metes and bounds of the City of London and the bridge of Stratford atte Bowe on the North and West side of those Rivers and the Road-way which lyeth betwixt White Chapell parish and the Town of Stratford atte Bowe before-specified CAP. XVI Marshes in the Suburbs of LONDON AND that some places in the very Suburbs of the City of London it self have originally been Fenny and Moorish though now by no small industry and cost equalling the chiefest which were naturally otherwise is apparent from undoubted testimony Fitz Stephan who lived above five hundred years since speaking of that place now called Moore Fields saying thus Cum est congelata palus illa magna quae moenia urbis Aquilonalis alluit exeunt lusum super glaciem densae juvenum turmae c. When the great Fen which watereth the walls on the North side of the City is frozen multitudes of young people go to play upon the Ice Some taking a little room to run do set their feet a good distance and glide a great way Others sit upon thick pieces of Ice as big as Mill-stones and being drawn by many who hold hand in hand when the foot of one slippeth they all tumble down together But others more expert in sporting thereon fix bones under their heeles and taking a Pike-staff do shove themselves forward with so much force that they glide with no lesse swiftnesse than a Bird flyeth or an Arrow passeth out of a Bow This Fen saith Stow stretching from the wall of the City betwixt Bishops-gate and the Posterne called Cripple-gate to Finsbury and to Holy-well continued a waste and an unprofitable ground a long time so that the same was all letten for four Marks the year in the reign of King Edward the second But in the year MCCCCxv 3 H. 5. Thomas Fawconer Maior caused the wall to be broken towards the Moor and builded the Postern called Moore gate for ease of the Citizens to walk that way upon Causeys to Iseldâ—n and Hoxton Moreover he caused the Ditches of the City and other the Ditches from Shores-ditch to Deepe Ditch by Bethlem into the Moore ditch to be newly cast and clensed by means whereof the said Fen or Moor was greatly drained and dryed And in the year MDxij Roger Atchley Maior caused divers Dikes to be cast and made to drain the waters of the said Moore fields with bridges arched over them and the grounds about to be levelled whereby the said field was made somwhat more commodious but yet it stood ful of noysome waters Whereupon in the year MDxxvij Sir Thomas Seymour Maior caused divers Sluces to be made to convey the said waters over the Town ditch into the course of Walbrooke and so into the Thames and by these degrees was this Fen or Moore at length made main and hard ground which before being overgrown with Flaggs Sedges and Rushes served to no use Nor was the ground in Fleetstreete and thereabouts long since much better than a Marish for the same Author saith that in the year MDXCv he observed that when the Labourers had broken up the pavement against Chancery lane end up towards S. Dunstan's Church and had digged four foot deep they found another pavement of hard stone more sufficient than the first and therefore harder to be broken under which were in the made-ground piles of Timber driven very thick and almost close together the same being as black as cole and many of them rotten And now to manifest that not only the Law but the usual practice is where disobedience or neglect hath been found in those as be chardgable with the maintenance of any Banks or Sewers made for the common defence of such Marshes as are in danger of surrounding that coercion is to be exercised for the performance thereof I shall here exhibit the testimony of a Decree made in a Session of Sewers held at Ilford in Essex 19º Aprilis Aº 1639. which reciting an Ordinance made in the like Session at Ilford before-specified for raising the summ of seventeen hundred and six pounds for repairing a breach in the Banks or Marsh-wall of Bromley marsh in this County whereby ninety four Acres of land were surrounded and the neglect of certain persons therein named to pay their proportion thereof which were assessed upon them a Lease for xli years was made of several parcels of ground belonging to those so neglecting unto others at the Rent of one pepper corn yearly CAP. XVII HAving now done with the Marshes in Middlesex I come to those in Essex which Counties are divided by the River of Lye antiently called Luye Of this River it is memorable that the Danes in the year of Christ 894. and 23 of King Alfred's reign sayled up it with their Ships and built a Castle on the Bank thereof about xx miles from London Neer which the Londoners giving them battail and having the better of the day put them to flight so that they were constrained to flye to that Hold whereof the King having notice he caused this River to be cut into three branches to
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
proceed farther therein because they had not power to compell the said King thereto as by the â—â—nor of the said Inquisition appeareth He therefore for prevention of the damage and peril which for default of such repair of those banks c. might happen being willing that in what concern'd himself all should be done according to reason commanded them the said William Robert and Robert that they should assesse his said Lands for contribution to those repairs according to the quantity of them as they did others for theirs And moreover gave command to Stephan Padiham his Bayliff of Ihamme that he should contribute out of the profits of that Mannour towards those repairs according to the proportion of what the said King held in those Marshes in such sort as others did to the end that the said repairs might not any wayes be retarded In 14 E. 3. Geffrey de Cotes Thomas de Weyvill and Philip de Ellevenwyk had Commission for the view and repair of the banks c. on the Sea-coast in the Marsh neer Pevenesey and Willingdon and those adjacent And the like Commission in 15 E. 3. had Iohn de Frenes Will. de Notton Rob. de Sharenden Thomas de Battenham for those betwixt Bremesley in the Parish of Bixle and a place called the Slough lying betwixt Pevenesey and North Eye And in 16 E. 3. the King by his Precept directed to Iohn Clynde then Bayliff of his Mannour of Ihamme wherein he reciteth his commands to Stephan Padiham his Bayliff of the same Mannour in the 10th year of his reign as I have already shewed and the necessiâ—y of the repair of those Banks in Northe mershe and Spadelonde gave him also strict chardge that he should not omit to contribute out of the revenue of that Mannour according to the proportion which he the said King had in those Marshes in such sort as others did for their Lands forasmuch as the said Banks were at that time for the most part very ruinous But notwithstanding this great care which it appears the King had the work was not perfected of three years after for in 19 E. 3. I find the like Precept directed to the same Stephan who was again his Bayliff of the said Mannour in that year In 17 E. 3. Sir Andrew de Sakevill Sir Andrew Peverell Sir Iohn de Fiens Knights and William de Sessingham had Commission to view and repair the Banks c. in Wretling Hoo Nonfield Ashburnham and Bixle Pevenesey Shipegongebrigge and also Piglynde What was done in that Marsh of Spadelonde before mentioned in pursuance of the said Kings Precept I cannot say but this is certain that within few years after through the force of great Tempests the Sea-banks betwixt Winchelse and Dauneswalle and betwixt Pykammyll and Trecherie were so broken and decayed that as well the Kings Lands as the Lands of divers other persons in that Marsh were overflowed at every Tide to the danger of their utter ruine and the apparent depauperation of the Town of Winchelse and the parts adjoyning The King therfore for the speedy repair thereof did in the 25 of his reign assign Iohn de Ore Stephan de Horsham Robert Arnald and Will. de Pageham his Commissioners to view them and to take order therein In like sort in 32 E. 3. were Sir Iohn Waleys Sir Hugh de Boucy Knights Thomas de Thorpe and others appointed Commissioners for the view and repair of those in a certain place called Pende betwixt the Towns of Brembre Shorham and Launcyng So also in 33 E. 3. were Iohn de la Lee Andrew Saukevill and others for those Banks in the Marshes of Pevenesey Bourne and Wylyngdon The like Commission had they the year following for those in the Marshes of Peveneseye Wylyngdon and Estburne between Hastings and Sefford and the parts adjacent So also in 36 and 38 E. 3. And in 40 E. 3. Raph Spigurnell Robert Bealknap Andrew de Guldeford and others were assigned to view and repair the Banks of those Marshes within the liberty of the Town of Rye towards the East unto the Kings high way which leadeth from Pladen unto the same Town of Rye and towards the South to the said Town of Rye and towards the West to the Sea-bank called Melflet and towards the North to the lands which are called Bernardeshill from Kyngeswyst with direction to determine all things therein according to the antient Law and Custome of this Realm Upon an Inquisition taken in 42 E. 3. the Jurors presented upon their Oaths that one William Fishburne Clerk had then newly made a stone wall upon the Sea-coast at Boseham in pure almâ— and of his meer and free will without any cohercion whatsoevâ—r whereas before that time there had not been in the memory of man any Bank or defence there against the Waves of the Sea but the ground lay waste through the ebbing and flowing of the Tides And they farther said that the Bishop of Exeter was then Lord of the Town of little Boseham and that his Lordship there lay abutting on the Sea-shore in length viz. â—rom the Prebend of Fouctone to .............. of Boseham on the East part to the Prebend of Westebroke in the said Church on the West part excepting one Watermill a Smiths Forge and a Cotage and that the said Bishop had divers edifices there in the hands of Bondmen which were then worth by year beyond reprises xiijs. iiijd. And that several other persons had also Lands there And moreover that the said Bishop and the rest of the Land-holders there were bound to contribute towards the making defence against the Sea-tides there according to the proportion of what they held And in the said 42 year of E. 3. it appears that Robert Bealknap Robert Churchehull William Merlot Iohn VVyn and others were appointed to see to the repair of those Banks c. at Boseham In 44 E. 3. Godfrey Folejaumbe Robert Bealknap Roger Ashburnham and others were constituted Commissioners for the view and repair of the Banks betwixt the Towns of Borne and Rye In the like sort were the Abbot of Battaile Rob. Bealknap Roger Ashburnham and others in 48 E. 3. In the same year the King being informed that the Burgers of Wynchelse had for the advantage of that Town and benefit of the whole Countrey built a certain Bridge at Pypewel over a water called the Chanel of Wynchelse upon the said Kings soyl on both sides of the water for the passage of people and all carriages which was not done with little chardge And that by the violence of the Tides and flouds of fresh water passing to the Sea the said Bridge and banks on each side the said water betwixt the said Town of Wynchelse and the Towns of Odymere and Rye were so broken down and ruined and all the High-wayes about the said Town of UUynchelse so overflowed that
scarce any one could come in or out thereof he granted Commission to the Abbot of Bataille Thomas de Reyns Lieutenant to the Constable of Dovor Castle Will. Batesford Roger de Ashebornham and others to view the said Bridge and Banks and to take order for the repairing of them In 2 R. 2. Will. Horne Roger de Asheburnhamme and Iohn Edward were appointed Commissioners for the view and repair of the banks c. betwixt UUortlyng and Catesfelde In 3 R. 2. upon complaint made to the King by the Commonalty of the Town of UUynchelse shewing that there was a common way called Copgreys then lately leading from the said Town unto Bataille as also a certain Marsh called Dynsoale lying betwixt the Towns of UUynchelse and Hastyngs which way and Marsh through the neglect of some persons in those parts who of right ought to repair and maintain them were destroyed and overflowed by the Sea the said King by the assent of his Prelates Barons c. then sitting in Parliament assigned the Abbot of Bataille Rob. de Bealknappe Will. de Battesford to take view of the said way Marshâ— and to enquire by the Oaths of honest and lawful men c. through whose default those damages had hapned and who had used and ought to repair them and to compell them thereto in such sort as in Romeney marsh in the like case had been accustomed And moreover to do and perform all things therein according to the Law and Custome of this Realm and the Laws and Customes of Romeney marsh aforesaid In 4 R. 2. Sir Thomas de Hungerford Knight Iohn Prior of Michesham VVill. Horne Roger Ashburnham and others were made Commissioners for the view and repair of those banks upon the Sea-coasts betwixt the town of Bourne and the Towns of Helyng and Bixle And the next year following Sir Edward Dalyngrugge Knight Sir Edmud Fitzherbert Knight Iohn Edward VVill. Olmested and Thomas Blast were in like sort constituted for those within the Rape of Pevenese In 6 R. 2. the King directed his Precept to Adam de Limbergh Guardian of his Manour of Idene commanding him that out of the form of the said Manour he should cause the banks and ditches belonging thereto to be repaired where need was according to the judgement of honest and lawful men of those parts Other Commissions in this King's time were these viz. in 7 R. 2. to Robert de Ashton Constable of Dovor Castle Robert Bealknap Sir Edward Dalingrugge Knight VVill. de Horne Peter Rede and VVill. Batelesford for those banks c. in the Towns of Idenne Rye Odymer Brode Farlegh Pette UUynchelse Iclesham Gestling and UUestfield In 8 R. 2. to Sir Robert Bealknap Sir Tho. Hungerford Knights Roger Ashbournham Will. Batisforth and Iohn atte Broke for those betwixt the Town of Bourne and the Towns of Helyngham and Bixle In 14 R. 2. to Sir Thomas Colepepir Knight Will. Rikhill Roger Ashburnham Stephan Bettenham and Iohn Edwards for those betwixt the Town of Kentbregge and Newenden then much broken by the violence of the Sea And to act therin according to the Law and Custome of this Realm and the Custome of Romeneye marsh In the same year to Hugh de Sowches Iohn Falwesly Will. Percy VVill. Brinchesle and others for those betwixt the Town of Ifeld and the main Sea upon the River of Lewes and Passage of Pulberowe and the main Sea and upon the River of Arundell on both sides of the banks and to do all things therein according to the Law and Custome of this Realm In 15 R. 2. to the Abbot of Begehame the Prior of Michelhame Iohn Devereux Constable of Dovor Castle Sir Will. Fienles and Sir Roger Newent Knights Will. Batelesford and others for those upon the Sea-coast and Marshes in the Towns of Peveneseye Aylesham UUrotlynge Hoo Herst Monceaux Mankesheye UUylyngdon UUesthamme Horsye and elswhere from the head of Godyng to Clune of Bourne And so likewise by another Commission for those within the Precincts of the Townships of Ashbournhamme and Bourne In 17 R. 2. to Will. Rikhille VVill. Brenchesle Vincent Fynche Robert Oxenbrigge and Iohn Lynot for those in Farlegh Pette-Gestlyng Brede Westfeld Odymere and to act therein according to the Law and Custome of this Realm and the Custome of Romene marsh And in 20 R. 2. to the Abbot of Bataille Prior of Hastyngs VVill. Brenchesle Robert de Ore and others for those betwixt Hastinges and Bulwerheche and to proceed therein as abovementioned The next year following upon a Commission issued out to the Abbot of Begeham Prior of Michelham Sir Wil. Fienles Knight VVill. Makenad and Iohn Broke touching the repair of the banks c. betwixt Ashebournehamme and Bourne the Jurats inter alia presented that the bank beginning at Borham brigge and going to the land of Sir VVill. de Hoo Knight was in decay through the default of the Abbot of Begeham and his partners And from thence the Bank leading to the land of Stephan Plasted through the neglect of Sir Will. de Hoo Knight And from thence the banks reaching to the bounds of Marcopson through the default of Stephan Waller and VValter Sumpter And the banks reaching from that place to the Land of Iohn Sweteblod in default of Sir Philip Sencler Knight And thence the bank tending to the land of Sir Philip Mested Knight in default of the said Iohn Sweteblod And thence the bank stretching to the land of Sir Will. Fienles Knight in default of the said Sir Philip Mested And thence the bank tending to the land of Simon Lot in default of the said Sir VVilliam Fienles And thence the Bank tending to the old sluce of Pevenese in default of the said Simon Lot All which persons by reason of their Land-holdings within the said Marsh were obliged so to repair and maintain those banks by parcells their Ancestors and those whose estates they had having time out of mind so done And that then through such their neglect many losses had befallen those parts And they also certified that the Sewer beginning at the bounds of Squabber and extending it self to Gorebreggs and so to Sakevylestrow and so to Yortham and thence to Rikenebrigg and so to the old Sluce of Pevenese and thence to Wyllendonestrow and so to the Gutter made through the midst of a Hillock by which the fresh waters descending to the Sea from six thousand three hundred fifty eight Acres three Rodes and a half of Land Meadow and Pasture had wont to passe and of antient time ought so to do anâ— from the said bounds of Squabber to the said old Sluce of Pevenese was then filled up and obstructed with grasse reeds and other filth for a long time suffered there to grow and from the said old Sluse of Pevenese to the said Gutter in such sort as that by the shallownesse thereof the course of the water
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
Bataille Will. Westbury â— Provost of Eton College neer Windsore Iohn Faukes Clerk Thomas Hoo Esquire and Bartholmew Bolney were assigned to view and repair the banks c. within the Precincts of Batesford Ashburnehammesmille Godyngeshaven from Pevenese bridge to Newestclewes of Waltershaven and from Newestclewes by the Sea to the point of Godyngeshaven and from the point of Godyngeshavene to Romestrete and from Romestrete to Bellamsgutte and from Bellamsgutte to Densexgote and from Densexgote to Pykeledbrigge and from Pykeledbrigge to Swynesham brigge and to act therein according to the Law and Custome of Romeney marsh Several other Commissions there were in this King's time and afterwards in all which the Commissioners were directed to proceed according to the Law and Custome of Romeney marsh viz. in 34 H. 6. to Sir Richard Fenys Knight Thomas Echyngham Richard Dalyngregge and Iohn Passele Esquires Bartholmew Bolney and Martin Oxenbrigge for the Banks betwixt Sedlescombebregge in the Parish of Sedlescombe on the VVest part to Snaylham and the place called the Pyke in the Parishes of Brede and Gestlyng on the East part on both sides the common Watercourse betwixt the said Town of Sedlyscombe and Wynchelse In 36 H. 6. to Sir Richard Fenys Knight Sir Roger Leukenore Knight Nicholas Huse Thomas Hoo Barth Bolney and others for those from Coleworthe to Fleghambrigge and thence to the Sea In 37 H. 6. to Sir Iohn Pelham Knight Thomas Echyngham Henry Hall Robert Oxenbrigge and Iohn Copeldyke Esquires Bartholmew Bolney and Martin Oxenbrigge for those betwixt a place called Fodyr and the Town of Wynchelse In 3 E. 4. to Sir Roger Leukenore Knight Will. Sydney Iohn Ernely Thomas Tawcke Humfrey Hewester and Iohn Goryng for those Banks from Coleworthe to the Sea In 5 E. 4. to Sir Thomas Echyngham Knight Barth Bolney Henry Halle Rob. Oxenbrigge and Will. Baker for those from Yham in the Parish of S. Leonards and from Yham to the Lands called Cregge and the Lands of Iohn Fynche In 6 E. 4. to Sir Roger Leukenore Knight Nich. Huse Esquire Iohn Fuyst Iohn Goryng Will. Ernele and others from the water of Coleworth to the Sea And in 14 E. 4. to Sir Iohn Fogge Sir Iohn Scotte Sir Will. Haute and Sir Iohn Gilford Knights Iohn Elryngton Iohn Bruaston Henry Auger Will. Belknap and Robert Oxenbrigge Esquires Barth Bolney and others for those betwixt Roberts brigge in this County and the Town of Romeney in Kent In 17 E. 4. upon an Inquisition taken at a place called Dencourt's marshe the Friday next after the Feast of the Nativity of S. Iohn Baptist xvij E. 4. before Sir Thomas Echyngham Knight Henry Aucher Gervase Horne Robert Oxenbrigge VVill. Belknap Henry Belknap Iohn Bradford Iohn Copeldyke Iohn VVody and Thomas Oxenbrigge Commissioners to view and repair the Banks betwixt the River of Apildoure to Rye on the West part and thence to the Wall called Fresh walle on the East part and the Wall of the Monks of Christs-Church in Canterbury called Newe Walle as far as the lands belonging to the Abby of S. Augustines did reach on the South part the Jurors did then and there present upon their Oaths that it would be very necessary and profitable for the safeguard amendment and clearing of the said Marsh and prevention of drowning to that part of the Country adjoyning thereto that there were a new Bank made from the said VVall called Newe Walle by the Chanel leading from Apyldore to Rye and to the said water called Moreflete and thence to the said place called Freshe-walle as far as the lands then belonging to the Abby of S. Augustines did extend And that the said Bank should be in length from the said VVall called New Walle unto Moreflete aforesaid and thence to the said place called Fresh Wall upon the flat Marsh MCCiiijxx Rods and an half and in Crekes and Flets Lxix Rods. And they say that every Rod of the said Bank upon the plain Marsh might be made for two shillings and four pence and every Rod in the Crekes for xis. And they farther said that within the same Marsh by the making of that Bank there might be saved from the overflowing of the Tides MCCCCxij Acres of good Marsh of which number Miiijxx and two Acres were in Kent and CCGxxx Acres in this County and that all the said Acres in both Counties did lye together and contigious to the bounds of those Counties and adjacent to the said Marsh and that no one Acre could be conveniently taxed to the making of the said Bank without the other the assessment of them having been so time out of mind whereof were Tenants the Abbot of S. Augustines in Canterbury the Prior of Christs-Church in Canterbury Sir Iohn Elryngton and Sir Iohn Scott Knights Iohn Engham Thomas Ian the heirs of Iames Marshall the heirs of Robert Marshall the VVidow of Stephan Dene the heirs of Thomas Thurder and Robert Fermor Of which the Abbot of S. Augustines aforesaid was seized in the right of his Church in his demesne as of Fee in the said Marsh in Kent of CCij Acres the Prior of Christs-Church of Ciiijxx and xvi Acres Sir Iohn Elryngtone Knight of Dxxxiij Acres whereof CCLvi Acres in this County of Sussex Sir Iohn Scott Knight of Lxxiiij Acres in this County whereof VValter Roberd claimed a part but how much the Jurors knew not Iohn Engham of Lix Acres and one Rode of that part which lyeth in Kent Thomas Ian of xix Acres and an half of the like The heirs of Iames Marshall of half an Acre and a Rode The heirs of Robert Marshall of viij Acres and a Rode The VVidow of Stephan Deine of two Acres and a Rode The heirs of Thomas Thunder of xxiiij Acres and Robert Fermour of xxxvi Acres all lying in Kent And moreover the said Jurors affirmed that it was both reasonable and just that all the said Tenants should make contribution every man according to what he held in the said Marsh for the making and maintenance of those Banks And the said Commissioners by the consent of the said Jurors Bayliffs of Franchises and all others who were concerned in the making of the said Banks and repair of them ordained decreed and assessed upon every acre of land within the said Marsh a tax of nine shillings to be paid at the Feast of S. Peter ad vincula and at the Nativity of our Lord then next following by equal portions And they farther said that it would be most necessary and profitable for the preservation and good Government of the said Marsh that there should be chosen one Bayliff and one Collector and other Skawers of the principal Land-holders there who should have power in all things to be done therein according to the Law and Custome of Romeney marsh VVhereupon the said Commissioners by the assent aforesaid made choice of Sir Iohn Elryngton Knight to be Bayliff and
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
that Margerie the VVidow of Robert de Botheby of Rihill conspiring cunningly to supplant him in his right caused the same trench in the said Kings absence from England to be stopt up and his Tenants of that Mannour who were at the making thereof to be impleaded by divers VVrits as trespassers to the said Margerie alleging that they had broken the Banks of a certain Sewer at Rihill aforesaid so that the water thereof by that breach did drown her lands that she could have no profit by them And that certain VVrits of Nisi prius for to take Inquisition upon the premisses were granted to the said Richard and VVilliam by which in case they should be taken or that there should be such proceedings therein he the said King might easily receive prejudice and disherison especially if thereby his said Tenants should be convicted of those trespasses for then it would appear that he had no right to make that trench Therefore the said King being desirous by all wayes he could to prevent such damage and disherison commanded the before-specified Richard and William that they should wholly supersede the taking of any such Inquisitions by virtue of his said VVrit of Nisi prius In 17 E. 3. Sir Thomas Ughtred Sir Gerard de Useflet and Sir Will. de Kednesse Knights Iohn de Bekingham and Iohn de Langeton were assigned to view the banks betwixt Turnbrigg neer Rouclif and the antient course of the River of Done in the parts of Merskland as also those upon the Rivers of Ayre Use and Done thereabouts which were then much broken by the flouds of fresh waters and to take order for the repair of them In the same year upon a Petition exhibited to the King in Parliament by the Inhabitants of Merskland in this County and they of â—xholme in Lincolnshire shewing that whereas King Edward the second at the sute of them the said Inhabitants suggesting that the River of Done which is the division betwixt the said Counties where the course of the water had wont to be aswell for the passage of ships from the town of Doncastre unto the River of Trent as for the drayning of the adjacent lands was obstructed by the Sea-tides and thereupon gave Commission to Iohn de Donecaster and others to clear the same and reduce it to it 's antient course VVhich Commissioners did accordingly cause a trench of xvi foot and one grain of Barly in bredth to be thereupon digged at the chardge of the men of those parts from a certain place called Crulleflet hill unto Denmyn and did thereby reduce that stream into it's antient course And that since the said trench so digg'd there were bridges floud-gates and divers other obstructions made anew in the said stream so that it had not sufficient bredth but that the passage of ships was hindred and the adjacent grounds overflowed he therefore constituted Roger de Newmarsh Thomas de Levelannor Iohn de Ludington and Iohn de Rednesse his Commissioners to remove those obstructions In the same year upon information by the Inhabitants of Rykhale Skipwith Eskrik Styvelyngflet Duffeld and Bardelby that the banks of a certain Sewer which passeth from the River of Ouse unto Rikhale were so low and ruinous at Rikhale that by the flowing of the Ouse entring that Sewer and going over the banks thereof divers lands and Meadows of the said Inhabitants of those places as also a certain Road-way which goeth from Hoveden to Yorke and another which commeth from Selby to Yorke through want of repair of those banks and raising them higher were many times overflowed so that the before-specified Inhabitants for many years past had lost the benefit of their said lands the King therefore assigned Will. Basset Sir Will. de Rednesse Knight Robert de Haldanby and Iohn de Bekyngham his Commissioners to enquire thereof and to redresse the same By virtue of which Commission they the said Robert and Iohn sate at Rikhale upon Friday being the Feast of the decollation of S. Iohn Baptist in the year abovesaid before whom Henry de Moreby and his Fellow Jurors being impanelled and sworn did present upon their Oaths that there was a certain Sewer at Ryhkale called Rykhaleflete in the land of the Bishop of Duresme and the Prebendary of the Prebend of Rykhale by which the waters that descended from the Fields of Eskrik Skipwith and Rikhall fell into the River of Ouse and had done so time out of mind and that the banks of the said Sewer and those lying near thereto upon the said River were so low and the same Sewer by the frequent ebbing and flowing of the Ouse so worn away and enlarged in regard that the course of that River from Rikhale towards the Sea was then more straightned than formerly by banks upon the verge thereof newly made for the safeguard of the Country in divers places which causing it in Floud-times to rise higher than usually did by it's entrance of that Sewer over those banks drown much land meadow wood and pasture belonging to the Inhabitants of Rikhale Skipwith Eskrik and Thurgramby so that they often lost their benefit of those lands through the want of repair and raising the banks of the same Sewer viz. of the Bishop of Dureâ—me his Lands about Lxiiij Acres of the Lands belonging to the Prebendary of Rikhale and his Tenants about an hundred Acres of the land of Iohn de Manesergh about xxx Acres of the lands belonging to the Abby of S. Marie in Yorke lying in Escrik Park about Lx Acres of the lands pertaining to Sir Raphe de Lascels Avice la Constable Nicholas Damory the Prioresse of Thikheve and her Tenants about Cxx Acres of the lands of Edmund de Averenges and Iohn de Skipwith about Cxx Acres And they also said that the Road-way which leadeth from Hoveden to Yorke as also that High way from Selby to Yorke were by reason of that overflowing of the water entring by the said Sewer so often drowned that no man could passe them And that one Will. le Mareschall by reason of the said overflowing was drowned in that Road betwivt Seleby and Yorke the year before and so likewise was one Walter Redhed at another time in a place called Welebrig overflowed in such sort by the said water And being asked through whose neglect it was that those banks were not repaired and who ought to repair them they answered that the Prebendary of the Prebend of Rikhale had in times past a certain Mill which stood in the said Sewer in a place called Rikhaldrun for his own private commodity and a pool raised to a certain height upon which pool was a Causey for the passage of Carts and Waines and under that pool a Sluse six foot in bredth for evacuation of the water descending from the before-specified fields by which Causey and Sluse the tides of Ouse coming up the same Sewer and flowing over the banks thereof entring the said pool were
the above-specified presentment the said obstruction was supposed to be and thence unto Hovedene and divers other places And they said that the same Henry and others by the appointment of the said Sir Stephan did cast earth and sand there for the amendment of that way without that that there was any antient watercourse descending as abovesaid into Temple damme as it was presented and desired that the Country might enquire therof And the said Jurors also said that there was not any common or antient watercourse descending from Thornton damme aforesaid unto Temple damme as had been alleged wherefore the said Sir Stephan and Henry were dischardged And the same Jurors likewise presented that a certain watercourse called Newe Derwent from the end of Hovedene Town viz. from the way from Hale to Dykysmin was obstructed and ought to be repaired by the Towns of Hovedene Knedelyngtone Askylby Kylpyn Neusome Brend Spaldyngtone Kayvill and Thorpe VVhereupon the Shireeve had command to summon the Inhabitants of the said Towns c. whereof they of Hovedene Knedelyngtone Kylpyn Kayvill and Thorpe appearing severally said that they could not deny but that they ought to repair the same water-course in manner and form aforesaid therefore they were amerc'd And the said Towns of Askylby Neusome Brend and Spaldyngtone severally answered that they ought not to repair that water-course as it had been presented and did therefore request that the Country might enquire thereof VVhereupoâ— the Jurors being called said that the before-specified Towns of Askylby Newsome Brend Spaldingtone ought not to repair the same and therefore they were then dischardged And they moreover presented that a certain watercourse called Ruddeflete descending from Wallyngfen to Ruddeflete and so by the Milne damme of Brounflete to Humbre was obstructed and that William then Master of the Hospital of S. Leonard in Yorke ought to repair the same And that there was a certain watercourse called Hodflete descending from Wallyngfen to Humbre which ought to be repaired by the said Master whereupon the Shireeve had command to summon the said Master c. who appearing could not gainsay but that he ought to repair the same therefore he was amerc'd c. and the said Shireeve was commanded to distrain him And they also presented that there was a certain watercourse called Frisdyke which was totally obstructed so that the adjacent grounds were thereby drowned and that it ought to be repaired by Sir Stephan le Scrope of Masham Knight Lord of the Mannour of Faxflete .......................... And as touching the plaae called Whitenge to the River of Humbre they said that the before-specified Master of the Hospital of S. Leonards in Yorke ought to repair the same whereupon the Shireeve had command to summon him the said Sir Stephan who accordingly appearing by his Attorney answered that he could not gain-say but that he ought to repair the said water-course from that place called Whitenge unto Oxmer dyke as it had been presented therefore he was amerc'd and the Shireeve commanded to distrain him c. And the said Master also by his Attorney answered that he could not deny but that he once did together with the said Stephan repair the same watercourse from that place called Whitenge unto the River of Humbre that is to say the said Master the one half thereof and the said Sir Stephan the other half therefore he was amerc'd c. And they lastly presented that a certain watercourse called Daneldyke through which the water of Neusome Park did passe to Alderwent near Lostsome was stopped and ought to be repaired by the Town of Newsome and by the Landholders in Neusome bordering upon the said water-course whereupon the Shireeve had command to summon the Inhabitants and Land-holders abovesaid who appearing accordingly said that they could not deny but that they togethâ—r with the Towns of Lostsome Askylby and Barnby near Hovedene ought to repair that watercourse therefore they were amerc'd In the same first year of King H. 4. Sir Iohn le Scrope Knight Sir Gerard de Ouseflete Knight Thomas Egmantone Robert de Haldenby Richard de Nortone Will. de Lodyngtone and Nich. Rosselyn were assigned to view and repair the Banks and Ditches c. upon Ouse Ayre and Done in the parts of Merskland and Osgodcrosse in this County and to proceed there according to the Law and Custome of this Realm So also in 3 H. 4. were Edmund Duke of Yorke Sir Gerard Sothill Knight Robert Tirwhyte Iohn Rome Clerk Iohn Gaytesford Thomas Brunham Will. Ludyngton Edm. Fitz William Thomas Sheffield and Thomas Egmanton for the banks c. in the Isle of Axholme in Lincolnshire and betwixt the water of Bykersdyke on each side in the County of Notingham and the River of Done on each side as well in this County as in Lincolnshire and the confines of them from the Town of Doncastre to the River of Trent and to do all things therein according to the Law and Custome of this Realm And in 8 H. 4. Henry le Scrope of Maâ—ham William Gascoigne Alexander Metham Thomas Bromeflete Richard Tirwhyt Alexander Lounde Hugh Arderne and Wil. Roâ—â—elyn had the like assignation for those banks upon the coasts of Humbre and Ouse from the River of Derwent to Hesyll and to proceed therein likewise according to the Law and Custome of this Realm By virtue of which Commission the said Henry le Scrope with his associatâ—s met at Hovedene upon Saturday next after the Feast of S. Laurence in the year abovesaid before whom the Jurors of divers Wapentakes of this County on the coasts of Humbre and Ouse from the River of Derwent to Hesill did present that there was and had been time out of mind a certain common Sewer called Aldederwent which did reach in length directly from the town of Hovedene betwixt the marsh and town of Knedellyngtone Askilby and Barneâ—y in Hovedenshire on the South part and the land of the Tenants in Hoveden Bernhill the Towns of Newsome and Lostsome in Spaldyngmore on the North part to the River of Derwent towards the West and so by the said River of Derwent unto the Ouse which ought to be xii foot in bredth and six in depth VVhich said Sewer the towns of Neusome Lostsome Birnd Knedyllyngtone Askilby and Barneby of right ought to clense and maintain by reason of their Lands and Tenements lying in those â—owns And that the said Sewer was not then repaired through the default of the Tenants of Nâ—wsome Lostsome Birnd Knedyllyngtone Askylby and Barnâ—by aforesaid And they also said that the before-specified Sewer betwixt Barneby mersh on the South part of the same and the land of Thomas Haukesworth in Lostsome on the North part aâ— the head of the said Sewer towards the VVest neer the said River of Derwent had bâ—en newly obstructed by the said towns of Newsome Lostsome Birnd Knedyllyngtone Askylby and Barneby insomuch as the lands on each side the same Sewer were
Roclyff Alexander Lound Will. Mostone and Thomas Maners for those in the Wapentakes of Hertelle and betwixt Ouse and Derwent and the Liberty of Holdenscire In 30 H. 6. to Iohn Portyngton Sir Thomas Metham Sir Iames Pykering Knights Raphe Babthorpe Guy Roclyff Henry Thwaytes Iohn Vavasour Will. Moston and Thomas Maners for the same Banks c. In 33 H. 6. to Iohn Nevill Esquire Nich. Girlyntone Iohn Vavasoure Geffrey Blakey and Henry Bury for the same So likewise in 37 H. 6. to the said Iohn Nevill Iohn Thwaytes Rob. Drax Raphe Reresby and Richard Knight And in 1 E. 4. to Guy Fairfax Iohn Vavasour Rob. Shefelde Edw. Saltmarshe Geffrey Blakey Iohn Haldynby Iohn Barker and Iohn Yeland In 5 E. 4. to Iohn Earl of Northumberland Sir Robert Constable Knight Iohn Pilkyngton one of the Esquires for the Kings body Iohn Vavasour Alexander Lounde Rob. Sheffeld junior Edw. Saltmersh Rob. Portyngton senior and Leonard Knight for those Banks c. in the Wapentakes of Herthyll and betwixt Ouse and Derwent and liberty of Holdenshire In 6. E. 4. to the same Earl Guy Fairfax Iohn Vavasoure Rob. Sheffeld Edw. Saltmershe Rob. Portyngton senior Geffrey Blakey Iohn Haldenby Iohn Berker and Iohn Yeland for those in the parts of Mersland betwixt the Rivers of Ouse Doone Ayre and Went. In 49 H. 6. to Iohn Marquesse of Montagu Sir Robert Constable Knight Guy Fairfax Iohn Vavasour Rob. Sheffelde Edw. Saltmershe Rob. Portyngtone senior Rob. Lucas and Leonard Knyght for those in the Wapentake of Hâ—rthill and betwixt Ouse and Derwent and liberty of Hovedenâ—shire In 13 E. 4. to Sir Thomas Borough Knight Thomas Fitz William Iohn Haldenby Richard Portyngtone Iohn Egmantone Rob. Haldenby Rob. Sheffeld Edward Saltmershe Iohn Vavasour senior and Thomas Belwode for those within the bounds of Marshland betwixt the Rivers of Ouse Went and Mardyke as also within the Isle of Arholme in Lincolnshire In 19 E. 4. to Richard Duke of Gloucester Henry Earl of Northumberland Sir Robert Constable Knight Sir Tho. Metham Knight Iohn Vavasour senior Iohn Vavasour junior Rob. Sheffeld Edw. Saltmersh Iohn Aske Esquire Rob. Portyngtone and Leonard Knyght for those in the Wapentake of Herthill as also betwixt Ouse and Derwent and liberty of Houdenshire And in 22 E. 4. to the same Commissioners for all the places abovesaid CAP. XXIII NOr were the improvements of this kind lesse antient in that part of the County lying nearer to the Sea for in 13 E. 1. the King being informed that both his own Lands and the Lands of divers of his good subjects were often drowned for the want of repairing certain Banks in Holdernesse on which the violence of the River of Humbre had made sundry breaches assigned Thomas de Normanvill to take a view of them and to see them speedily amended The like Commisâ—â—on in 23 E. 1. had Thomas de Weston then Guardian of all the said Kings lands in that part of this Shire So likewise in 1 E. 2. had Miles de Stapeltone and Raphe Lelle and in 2 E. 2. Will. de Vaus and the said Raphe Lelle In 4 E. 2. Iohn de Lisle Thomas de Fisheburne Iohn de Sutton and Adam de Hoptune were constituted Commissioners for the view and repair of the banks c. betwixt Hull and Paphel In 5 E. 2. the King being informed that the Sewer betwixt the Port of Hedone and his Mannour of Brustwyk wanted clensing and repair and that the chardge thereof in regard of his Demesnes there belonged to himself directed his special Precept to Edmund de Mauley then his Guardian of that Lordship commanding him to take order for to scour and repair the same In 6 E. 2. Will. de Houke Alexander de Cave and Robert de Sandale goverâ—our of the Town of Kingston upon Hull were assigned to view and repair the Banks upon the coasts of the Rivers of Humbre and Hull So also the same year were Robert Tiliol and Gilbert de Stapelton for those upon the coast of Humbre betwixt Esingtone and Hedone And the next year following the same King directed his Precept to the said Robert de Sandale then likewise governour of Hull and Guardian of the said Kings Mannour of Mitone that he should take xll. of the Ferm of the same town of Hull and issue of the Mannour of Mitone aforesaid and imploy the said money in the repair of the Banks and Ditches upon those Rivers of Humbre and Hull according to the discretion and view of Richard de Gretford and other honest men of that town And the same year had Walt. de Faucumberge the elder Herbert de S. Quintin Iohn de Barton of Oswaldkirke appointment to view and repair the Banks that were then in decay either upon the Sea-coast or coast of Humbre within the precinct of Holdernesse in this County In 9 E. 2. Iohn de L'isle Iohn de Donecaster and Robert de Sandale were directed to view and repair the banks c. for safeguard of the Mannour of Mytone neer Kingston upon Hull which had forcibly andriotously been broken in the night time by Gerard de Useflet Rich. de Anlouby Raphe de Nevill and others and to enquire touching that misdemeanour The like Commission in 10 E. 2. was directed to Robert de Hastang Alexander de Cave and Robert de Hedon to enquire of the breach of those Banks by Loretta the VVidow of Iohn de Usflete Iohn her son Gerard de Usflete and others In 12 E. 2. Robert Constable of Burton Gilbert de Rishetone and Rob. de Hetone were assigned to view and repair the Banks and Ditches upon the coast of the Sea and water of Humbre in these parts and in the Wapentake of Dykering in Yorkshire The like appointment in 1 E. 3. had Robert de Constable Robert de Hedon Rob. de Burton and Iohn de Thwaits So also in 10 E. 3. had Iohn Sutton of Holdernesse Simon de Grimesby Thomas de Burton and Amand de Forthingham In 12 E. 3. Margerie the VVidow of Robert de Botheby and the Burgesses of Hedon in Holdernesse did by divers Petitions exhibited to the King and his Council in Parliament represent unto them that whereas by a certain Sewer called the Sturch which goeth from the Town of Bond brustwyk through the midst of Hedon unto the River of Humbre and betwixt the lands of the said Kings Teâ—ants of his Mannour of Brustwyk residing at Bond brustwyk on the one part and the Lands of the said Margerie at Ryhill on the other all the said lands on both sides had been drayned time out of mind and not by any other Sewer And that by pretence of a certain Mandate from the said King under his privy Seal obtained at the sute of some of his said Tenants threatning to oppresse the said Margerie and alleging
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
VVill. Newesome VVill. Hundgate Richard de Beverley and VVill. VVandesforde for those upon the River of Hull and parts adjacent from the towns of Etton Lokyngtone Scorburghe Ake and Berghe to Beswyke Wattone Hotone Crauntewyke and Skerene Upon a pleading in the Kings Bench 2 H. 4. it was adjudged that the Chantry Priest of Preston ought to repair and clense a Ditch called Skyrthdyke from Levergote unto Hedon and from Harphoc to Northoc And that the Towns of Brustwyke and Skeklings ought to do the like from Brustwyke Hallebridge to Middle gar and the Town of Ryell from Cambertonwell to Stoke holney land the Shireeve therefore had command to distrain them In 3 H. 4. there was an Inquisition taken by virtue of a VVrit of Ad quod Dampnum touching a Sewer in those parts upon which the Jurors presented that it would be no damage to the King or any other if a new Ditch by the name of a Sewer were made in the Meadows and Pastures of Anlaby xij foot in bredth and v foot in depth measured according to the Kings Ell and in length from a certain VVell called Iulians Welle situate in the said meadows and Pastures of Anlaby to the Waldkerr of Swanland and so descending from the said Waldkerr according to the length depth and bredth aforesaid unto Miton Kerdyke and thence by Miton Kerdike on the North side the pasture of Miton kerr to a certain Ditch then newly made neer to the Road-way which leadeth from the said Town of Kyngeston towards Beverley in length descending to the Ditch called the Town dyke under the VValls of Kingston upon Hull and thence by a sufficient Chanel to the Gate of that Town And that a substantial stop should be there made to keep back the salt water at the end of a certain Ditch lying betwixt the pasture of Swanland called the Wald-kerr and the pasture called Miton kerr as also other stops to be afterwards made whersoever the Mayor Bayliffs and Commonalty of the said Town should think necessary for the preservation of the fresh water and keeping back any salt water from thence for ever And that all such stops so made or to be made to be made and repaired by the said Mayor Bayliffs and Commonality at their own proper chardges without any cavill molestation or impediment for ever By which said Sewer so to be made anew and thenceforth called Iulian dyke all the current of fresh water both from the said spring called Iulian well as of all other currents of VVells in Dernyngham Enges in Anlaby together with the current of a certain Ditch betwixt Dernyngham Enges aforesaid and the North kerr of Anlaby as also the currâ—nâ—s of two springs in Anlaby and Hautempris one in the Ditch sometime of Peter de Anlaby in Anlaby descending thence unto the said Ditch called Iulian dyke and of another spring in the field of Hautempris in the North west Enges descending thence by divers Chanels unto the said Ditch called Iulian dyke to have their course in the said Ditch called Iulian dyke as abovesaid without any diversion or impediments of the said currents to be made for ever contray to the form and tenor of the premisses for the support maintenance and relief of the Town of Kingston upon Hull before-specified In 7 H. 4. Sir Peter de Bucton Knight Will. Gascoigne Sir Alexander Metham Knight Robert Tirwhit Iohn Radenesse Will. Skerne Richard Tirwhit and William Waldby were assigned to view and repair the Banks c. in these parts of Holdernesse and to do all things therin according to the Law and Custome of this Realm and the Custome of the Est Rything of this Country before that time used Upon a suâ—e in the Kings bench 13 H. 4. the Jurors presented upon Oath that there was a certain Water-course which came from the Springhead in the fields of Anlaby by Warlinghamdyke unto the Town of Kingston upon Hull so stopped at the gate of that Town towards Anlaby that it overflowed the Meadows and Pastures of Gerard de Usflet and of the Towns of Anlaby Swanland Hesil and Feriby to the common damage of all those Villages which Watercourse ought to be scoured by the Town of Kingston upon Hull but was not Howbeit in this there was no judgement then given in regard that the Townsmen of Kingston upon Hull pleaded again in Michaelmasse Term 1 H. 5. by reason of the former Kings death In 5 H. 5. Robert Tirwhit Peter del Hay Iohn Ellerker Will. Waldeby Iohn Holme Iohn Disnay Christopher Boynton Robert Rudstane and the Shireeve of Yorkeshire were appointed to view and repair the banks then in decay throughout the whole Est Rithing of this Country and to proceed therein according to the Custome of the Marsh and the Law and Custome of this Realm The like appointment in 5 H. 6. had Sir Iohn Scrope Sir Robert Babthorpe Sir Thomas Brounflete and Sir Henry Brounflete Knights Iohn Ellerker and others So also in 11 H. 6. had Sir Rob. Babthorpe and Sir Rich. Hastyngs Knights Iohn Ellerker Iohn Constabill of Halsham Esquire Iohn Holme senior Iohn Portyngton Robert Rudstane and VVill. Muston with direction to do all things therein according to the Law and Custome of this Realm and the Custome of Romeney marsh As also to imprest so many Labourers upon competent wages to be imployed in that work as should be necessary for the same considering the great and urgent necessity in expediting therof for prevention of farther damage Other such general Commissions for the said Est Rything had these persons hereafâ—er named viz. in 13 H. 6. the same Sir Rob. Babthorpe and his associates In 14 H. 6. Sir Rich. Hastyngs Kt Iohn Constable of Halsham Iohn Ellerker Rob. Hatfield Iohn Portyngton Iohn Holme senior Robert Rudstane and Thomas Wylton And in the same year the said Sir Robert Babthorpe Iohn Ellerker Raphe Babthorp Esquire Guy Roclyff Iohn Portyngton Robert Rudstone VVill. Mustone and Alexander Lounde In 18 of this Kings reign Sir Iohn Constable Knight Iohn Portyngtone Robert Hatfield and Thomas VVilton being constituted Commissioners for the repair of the banks c. within the liberty of Holdernesse and the VVapentakes of Bokeres and Dykering sate at Tiktone upon Friday next after the Feast of the Exaltation of the Holy Crosse before whom the Jurors presented that there was a certain common Sewer in Hornese extending in length from Hornesemare to the Sea and over it a bridge for foot and Horsemen at the East end of Hornese which bridge ought to be in bredth six foot and in length ten and repaired whensoever need should be by the Abbot and Covent of S. Maries in Yorke as it had been time out of mind it being at that time in decay to the great damage of the said Kings Liege people VVhereupon the Shireeve having command to impanel a Jury to enquire c. he did accordingly VVho
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
this Isle and kept guards about the waters near to the land hoping to take him cunningly without any slaughter of his own men But Hereward being aware thereof as also that some of those guards had encountred with part of his souldiers and pursued them he came in to their aid and by taking some of them discovering that the said Earl had set these ambushes for him and likewise that he was on the morrow to be at Hoherhed he hastned thither with his ships and placing some armed souldiers near the bank of the River went himself with three Horsmen and fouâ— Archers well armed unto the mouth thereof where the Earl himself with his men was then also come on the other side and seeing them sent some of his party nearer who enquiring whether they belong'd to Hereward and finding that they didâ— endeavoured to perswade them to forsake himâ— but prevailing not they returned to the Earl and told him that Hereward himself was on the other side of the water Whereupon the said Earl animated his souldiers to swim over with him presently and revenge his brothers death But they told him that it was not possible so to do saying that his coming thither was purposely thus to delude them whereupon the Earl sighing said to them on the other side of the water Oh that I had that Devilish fellow your Master here I would certainly torment him to death To which words of his Hereward replyed If we should happen to be so fortunate as to meet alone in any fit place you would not wish me in your feeble hands nor like well of my company and having so said stooping a little he bent his Bow and letting fâ—ye an Arrow hit the Earl on the breast but his Coat of mail would not suffer it to enter neverthelesse it came with such a force that it struck him off his Horse so that his servants took him up for dead in their arms In the mean while Hereward went away and came with his company into the Isle the same day where he was received with great honour by the Abbot and his Monks as also by those noble persons that were there viz. Edwine Earl of Leicester and Morkere his brother Earl of Warwick and other eminent men of the Country who having been much oppressed by the said Conquerour fled thither Whereof the King hearing and being much inraged thereat he resolved to get the Isle by assault and to that end caused a rendezvous of his whole Army at Alrehede neer which place there is a military rampire yet to be seen where the Fen was four furlongs in bredth and having brought store of wood stone and fagots of all kinds with a multitude of Trees and great pieces of timber fastned them together underneath with Cow-hides and to the end that they might the better passe over them they stript off the skins of beasts and filled them with wind like bladders which being done there were so many that pressed on to get over being greedy of the gold silver whereof they supposed store to be in the Isle that they that went formost were drowned with their Bridge and those in the midst became swallowed up in the depth of the Fenn but of those that were hindmost a few throwing away their weapons made a shift by the mud to escape Nevertheless multitudes perished in this adventure whose bodies were long after found putrified in their Harnesse and dragg'd out from the bottome of the water but one onely man whose name was Beda getting into the Isle The King therefore beholding this lamentable disaster and much grieving thereat departed thence with those few which he had left without any hope to conquer it placing guards of soldiers about it to prevent those within from wasting the Country In the mean time the said Beda being taken and brought before the chief persons that were in the Isle and asked why he so boldly adventured himself told them that the King did promise that whosoever should first enter and do some notable exploit there to the danger of those that defended it let him ask what he would of any mans therein and he should obtain it which when they heard they commended his valour and kept him there with them for certain days using him with great respect Having therefore had this experience of their civilities and observed how secure the place was by reason of the fortifications there made as also the number and valour of the souldiers therein he professed that as he had often heard them reputed to be persons more expert in warr than others he now found it to be true and faithfully promised them upon liberty to go back to the King's camp that he would there relate as much which he accordingly did all being joyful to see him safe returnedâ— even the King himself for he was one of his most eminent souldiers unto whom he related the strength of the Isle and his own adventure and that those Earls before-mentioned were there with two noble men viz. Orgar and Thirchitell surnamed Childe but extolled Hereward not only beyond them all comparing him with the most famous Knights which he had seen through France the whole Roman Empire or Constantinople At which story the Earl Warren took no small offence not enduring to hear such a commendation of him that had slain his brother as hath been observed and suggested the King that the relator was bribed to make so partial a report But the King going on in making more enquiry of his particular observations there had this farther account from him That the Monks of this place â—earing to be subject to a soreiner in regard the King had designed to bring over such out of France to be chief in all Monasteries and Churches of England did entertain those persons there for their defence and thereupon fortified the said Isle affirming that they were much more willing to live by the labour of their hands than to be reduced to such a servitude And that the same Isle was not then at all burthened by those forcesâ— For quoth he they matter not the siege the Husbandman not neglecting his Plow nor the Hunter his sports neither doth the Fowler cease from his imployment concluding that they were securely dâ—fended by their own Souldiery Nay I shall tell you more saith he both what I know and saw This Isle it extraordinary fruitfull in all sorts of grasse there being no place in England that hath a more fertile turf Moreover it is compassed about with huge waters and Fenns as it were with a strong wall and aboundeth not only with domestique Cattell but with a multitude of wild beasts viz. Harts Does Goats and Hares both in the woods and neer the Fens as also Ermines Pole-Cats Weesels and the like Vermine which are taken with traps and other Engins in the winter time And of Fish and foul which there breed what shall I say At the Floud-gates upon the skirts of those waters what
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
was made the first Bishop here At that time for ought I can find there was not any other access into this Isle than by Ships or Boats this Bishop therefore being desiroâ—s to have a Causey through the Fenn as it should seem but doubting whether the Monks would think the work fesible at all or if so with any indifferent chardge so contrived the business that it was set upon without any fear of either and became accomplished accordingly The story may perhaps to some seem fabulous but take it from the Authority of the Leiger book of that Monastery There appeared in a vision unto a certain Countrey-man who dwelt at Exning in Suffolk S. Edmund the King and Martyr in honour of whole memory that famous Abby of S. Edmundsbury had been long before founded and awakening the man said thus to him Good man listen well unto what I shall say unto thee and what I appoint thee to do fail not with effect to accomplish Arise and go presently to the Bishop of Ely and tell him in my name that he must make a way whereby I may visit S. Audrey Who accordingly made haste to the Bishop and acquainted him with this his Vision and command the good Bishop therefore weeping for joy delayed not to make enquiry how this business might be done and finding that no man durst for what chardge soever undertake to accomplish it there stept out a certain Monk of that Abby called Iohn a soft man to all outward appearance who told the Bishop that he would by God's help perform the work Whereupon setting in hand therewith he began to measure the distance from Soham to Ely and to cut down the Reedes which stood in his way as also to make Bridges over the Rivers and so went on in raising of the said Causey which he perfected in a very short time to the wonder of all men that then saw it that Causey being still called Soham Causey Which place viz. Soham is also famous for two other things first for the great Meer that heretofore made the passage by Ships and Boats very dangerous to those who came into the Isle that way before the said Causey was made and next for that the body of Faelix Bishop of the East-Angles was translated from Domuc hither Which Bishop dyed almost a thousand years since To Hervaeus succeeded Nigel in that Bishoprick of whom I may not omit to observe that he discerning this Isle to be a place of such great security through the advantage of the Fen wherewith it is encompassed that joyning with Baldwine de Rivers in the Rebellion against King Stephan he made a strong Fort of lime and stone within the precinct thereof but that Fort being by the power of S. Audrey as mine Author saith often destroyed he built one of timber neer to his Engines of war and walled in the round hill called the Keep which was committed to his custody by Geffrey de Magnavill Earl of Essex and Richard de Clare Earl of Hertford whereof knowledge being given to certain great men of that Country they made a confederacy with him But the King having intelligence thereof sent his Army to assault it yet prevailed little therein till he himself came with his Ships and then having prepared a multitude of Hurdles made with them a passage for his Horse which when they within discerned they threw down their Armes and ran away but the Bishop escaped and got to Maud the Empress And as for the reasons before expressed this Isle hath been in those former times of trouble esteemed a place of such great security so was it afterwards upon the like occasion for after the death of Eustace Bishop of Ely which hapned about the latter end of King Iohn's time the Monks having elected one Robert a Yorkeshire man who not only took the profits of the Bishoprick for five years without any consecration but adhered unto Lewes Son to the King of France at that time in this Realm and the King's Enemy as our Historians do at large set forth King Henry the third fearing left he should receive the said Lewes into this Isle made a very great complaint thereof to the Pope whereby representing that danger he calls it optima munitio Regni the best Fort in all his Kingdome and therefore humbly besought the Pope that he would provide a better Pastor for this Church which he accordingly did Nor had it less account as it seems in 49o. of that King's reign for after the battail of Evesham wherein the Army of the rebellious Barons was vanquisht divers of those that fled betook themselves to this place amongst which Iohn de Eyvile and Robert de Wileby were the chief commanders Against whom I find that the King about two yeares after preparing an Army appointed his faithful subject Will. Charls to bring Barges and Souldiers from the Sea coasts of Norff. and Suffolk for the assaulting thereof this being the time that the King himself with some forces came privately to Ramsey neer which place he slew and took Prisoners divers of those his Rebels who had issued out of the said Isle and plundered the parts thereabouts But notwithstanding this they were not yet subdued for the next year after it appears that Henry de Hastings was the principal Officer and Governour of this Isle on the behalf of those Rebels And now having by these sundry remarkable instances shewed how vast and deep a Fenn this great Level antiently was my next endeavour shall be to declare what I have observed to have been done in order to the drayning and improvement thereof or any part of the same beginning where I left viz. on the Northside of it CAP. XLII ON the Southern part of this Province lyeth Deping fenn which is now at least ten miles in bredth Whereof the most antient mention that I have met is about the beginning of King Edward the Confessor's reign Egelric who had been a Monk of Peterborough but at that time Bishop of Durham then making a firm Causey of Wood gravel over it from Deping to Spalding for the advantage of passengers opus sumptuosum valdè primâ—que necessarium quod usque nunc semper in futurum quamdiu duraverit de factore Egelrico cognomen habet id est Elriche rode sayth Ingulphus A most costly work but of extraordinary necessity which now doth and as long as it shall last will bear his name At that time part of this Province was a Forest as well as a Fen and possest by Leofrike Earl of Mercia for he was then Lord of Brune and the Marshes adjoyning From which Leofrike it came to Hereward his younger Son of whom I have made ample mention in my discourse touching the Isle of Ely and by his Daughter and heir Turfrida unto Hugh de Evermiâ—e â— then Lord of Deping So also by the sole daughter and
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
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
Withum And that the Ditch which is called the Did hee lying betwixt Holand fen and Hâ—kinton fen and Kime Fen ought to be clensed and repaired by the Inhabitants of the Eight Hundreds of Hoiland on the East part and by Henry de Beaumond Lord of Hekinton and the Commoners of Hekinton and Philip de Kime on the West part and from Balbardesbothe to the River of Kime and that it was there obstructed by Philip de Kime And it was then also presented that the Town of grâ—at Hale with the Commoners ought to repair and maintain the Causey of Gerwik unto Pingelhirne both for Horse-men and Foot-folk And that the Town of Hekinton with Gerdwikâ— ought to clense and repair the stream of Geâ—dwike unto the water of Swineshed viz. unto Balberdesbothe and that it was not then done but the half of the said stream unto the Park on the South side thâ— Parson of Hale ought to clense and repair And it was likewise then found that Burtonebrigg was a common High way and that the one half thereof ought to be repaired and maintained by the Town of Burton together with the Caâ—sey on the North part and the other moytie by the town of Helpringham with the Causey on the South part so that horse foot-folk might at all time pass securely there and that it was then in decay And it was farther presented that the head of Caresdik was a certain stream which is called the South Ee and ought to be repaired and clensed by the Town of little Hale and the Commoâ—ers thereof on the one part and by the Towns of Helpringham and Biker unto Gobion Bothe on the other part And that Hatchtlode was a common Sewer and ought to run at the same time that the Sewer of Scathegraft did but was then obstructed by the Prior of Spaldyng and that it ought at the entrance of the water from the Fen to be one foot in bredth and as much in depth and within by the Town to be of six foot in bredth to the Sea and to be repaired by the Town of Pinceber to the Sea And moreover that Baston hee ought to be clensed and repaired by the Towns of Baston Thurlebi Obthorpe and Winelistorpe from Calebrigge to Estcote by raising of the Banks and clensing the stream on each part and from the Town of Estcote through Pincebec unto Surflete and from the Town of Surflet to the Sea which Banks did then stand in need of great repair and raising higher And that Brunne hold hee ought to be repaired raised clensed and maintained by the town of Brunne and the Abbot of Brunne from Brunne unto Goderamscote and from Goderamscote the town of Pinceber ought to rerepair the same to Surflet and the town of Surflet to the Sea for default whereof all the Fen of Holand and Kesteven were overflown and drowned And they lastly presented that Bollisgote in Multon was a common Sewer and became obstructed by the town of Multon and that the Gutter which was called the Gote was carried away by the Inhabitants of that place In 10 E. 2. Roger de Cubledik Laurence de Holbeche and Hugh de Gorham were constituted Commissioners for the view and repair of the Banks and Sewers in the Marshes of Gedney Holbeche Sutton and Flete The next year following the Abbot and Covent of Peterborough came to an Agreement with Sir Hugh de Cressey Sir Iohn de Ry Iames de Bark and other the Inhabitants of Gosbercherche and Surflete concerning a certain Sewer in the Marsh of Gosbercherche newly made from that place which is called Nâ—we Gote directly to Salten Ee the tenor of which accord was as followeth viz. that the said Monks of Peterborough did for them and their successors release unto the said Hugh and the rest and to their heirs all the action which they had in respect of any trespasse done to them touching that Sewer And moreover granted that the said Sir Hugh Sir Iohn and the rest of the Commonalty of the before-specified towns and their heirs should make the said Sewer through the midst of that Marsh xx foot in bredth according to the Kings ell as it then was as often as there might be occasion for the same to run for ever And if it afterwards did happen that it should be obstructed either by the flowing of the Sea or otherwise that in such case the said Sir Hugh and the rest above-mentioned and their heirs might have power to clense the same to the before-specified bredth with as little hurt or damage to the said Abbot and Covent as might be so that the said water might have it's passage as aforesaid In the same year Roger de Cubbeldyk Walter de Friskeney and Robert de Malberthorpe were constituted Commissioners for the view and repair of the Banks and Sewers in these parts of Holand The like Commission in 14 E. 2. had Alexander de Montfort Humphrey de Litlebury Everard de Flete and William de Fayreford for those upon the Sea coasts and parts adjoyning betwixt Tidbriggge and Surflete brigge So also in 15 E. 2. had Walter de Friskeney Robert de Malberthorpe and Roger de Cubledyke In 16 E. 2. Roger de Cubledyk and Alan de Cubledyk were appointed to view the Banks and Sewers betwixt the Bridges of Holand and Tid and to take order for their repair The like assignation had the said Roger and Alan with William de Faireford the year next ensuing for those betwixt the Crosse of Wolmerstye and Tiddbridge and for the preservation of the whole Country of Holand within the Wapentake of Ellowe before whom the Jurors presented First for the town of Pincheber that all the Sea-banks and those of the Marshes which were broken by tempestuous waves should be repaired and made higher and thicker than they had formerly been And that at that time there were many perches of those Banks broken and ruinous by reason that the lands which were chardged with the repair of them had long been in the hands of strangers and therefore they deemed it necessary that all the lands of the said Town of Pinchebec should be surveyed anew and after such survey every man to be assessed according to what he held And they also presented that the water called Brunne hee which had it's course through the midst of the before-specified Town unto the messuage of Richard de Cheile should thenceforth be stopt below the Weltres And because that could not possibly be done by reason of the water coming from far upon great falls of rain against which the said Town could not provide except there were a reasonable out-let made from the said messuage to the Sea by the River of Surflete which was too narrow by xx foot and that unlesse it were widened to that proportion the town of Pinchbec would be overflowed every year in regard that the said current ought to be larger at the out-let
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
lost to the value of xl l. In this distresse the people of the Town fled to the Church for refuge some to Hay-stacks some to the baulks in the Houses till they were neer famisheâ— poor women leaving their Children swimming in their beds till good people adventuring their lives went up to the breast in the waters to fetch them out at the windows whereof Mr. Browne the Minister did fetch divers to the Church upon his back And had it not pleased God to move the hearts of the Mayor and Aldermen of Kings Lynne with compassion who sent Beer and Victual thither by Boat many had perished which Boats came the direct way over the soyl from Lynne to Terington 3 That the Creek which now runneth under Terington bank and underneath them hath within four or five years last past run half a mile off and that about xx years since it did run about a mile off 4 We think that the approach of the said Creek is the greatest cause of the decay and overthrow of the said Banks and that at this present the said Creek runneth where Banks have lately stood being xxiiij foot deep or more at a low water And that by the said outrage there are four other great Creeks worn in the whole ground to the Town-ward where there was Corn reaped the last Harvest whereof two of the said Creeks are fourscore foot broad a piece and neer xxx foot deep and are worn to the Town-ward within ten rod of the Indyke by the reflowing and ebbing of the waters from out of the Town to the Sea-ward and that these Creeks were so worn within the space of xlviij hours 5 We say that the Township of Terington standeth chardged with xiC Rod of Bank at xvi foot to the Rod which within 50 years last past cost making MMxx l. And that ninescore Rod part thereof have by the space of xx years last past been made with earth straw and wood at iiijl. the Rod per annum which is for every year 720l. There hath been more fourscore and two Rod part of the said Bank made very strongly with lime and stone which cost the first making betwixt xvi and xxl. the Rod amounting to MMMl. There was more six Rods of stone wall made which cost CCl. The yearly repair of the said stone walls having cost by the space of xij or xiiij years last past CCl. The repair of viiC Liiij Rode the residue of the said xiC rods cost seven years since CCCLxxiijl. and now upon this rage will cost more There are also two Inbanks lost by the said outrage which were made within ten years last past and cost CCCC l. Also one other Indike made the last year which cost making DXCviii l. and is now ruinated by this last rage to the value of Cxx l. There were also exposed to the Sea this last year without the said Indike Cxxxvi. Acres for which by the Law of Sewers an allowance of fifty shillings the Acre is and must be paid amounting to the sum of CCCxx l. 6 We say that the Salt Marshes of Terington are exceedingly worn away For the Kings Majesty had one Marsh in the occupation of Awdley Lad alias Baker or his assigns called the Gonge Marsh which by report hath contained about CCC Acres and within xxx years last past contained Lx. Acres which is now all worn to the Sea And his Majesty hath lost more within these xxx years C Acres of Marsh being part of other Marshes which the said Mr. Lad holdeth by Lease of his Majesty Which Marshes are as we suppose chiefly wasted or decayed for want of keeping and maintaining of divers Damms which are named and set down hereafter in the answer to the xiith Article 7 We say that the waters of Wisebeche and Elme have antiently fallen to the four Gotes as they now do and from thence they have fallen to the Sea within the memory of man more than a mile off from Terington Banks And it is very probable that in antient time they have fallen to the Sea much farther off But in our opinions upon our view taken they might be carryed at this time a neerer way to the Sea viz. from the four Gotes aforesaid over Tyd marsh and Sutton marshes unto a Creek there called Kings Creeke and there to fall into the deep called Lutton Leame and so to the Sea which is a shorter course for the River by vi miles and hath a much better out-fall 8 We say that all the Towns within the Isle which have been heretofore chardged with the maintenance of Wisebech River and such other Towns in Northamptonshire and Huntingdonshire bordering on the said Isle between Peterborough and Somersham who have heretofore contributed to the maintenance of Clows crosse drayne or Wysebech River shall in our opinions be benefitted thereby And the Towns of Walpole and Terington proportionably but for the portions of money to be particularly rated upon every several Town we leave it to farther consideration 9 VVe say that we hold it convenient there be a new Indike taken at Terington for the present and better preservation of the said Town but whether the said Indike will defend the Town any long time except the waters be diverted and the Marshes imbanked we know not 10 Nihil 11 Nihil 12 We say that these Marshes following are very much decayed for want of making and maintaining of Damms viz between one Marsh in the tenure of Awdley Lad and one other Marsh called the New marsh being also the Kings Majesties being in the tenure of Sir Robert Wynde or his assigns there is a Creek called Hurdle fleet which it x rod broad and xx foot deep within the levell soyl being on the East side of the Ewe marsh and the Myssâ—e which Creek continually floweth and refloweth dangerously over the Marshes But in the memory of man it hath not been Dammed neither can we present who ought to do the same There is also another Fleet called Ground fleet upon the VVest side of Ewe marsh and the Marsh of Mr. Iudde which containeth in bredth 5 rods and in depth xvi foot within the levell soyl which Fleet was never dammed within the memory of man There is also another Fleet on the VVest side of Mr. Iudd's Marsh and the Marsh of Edmund Riches that is in bredth four rode and in depth x foot which likewise within the memory of man was never dammed which said Fleets in our opinions are great occasions of wearing away the Marshes there There is also a passage way or Chase on the VVest side of Ewe marsh which is called UUaterlese diche and on the East side of Mrs. Rachell and Anne Deane and the Marsh of Nicholas Iudde Which Chase is not maintained with Damms as within the memory of man it hath been to the damage of the Marshes but who ought to do it we are ignorant 13 Nihil 14 Nihil 15 We say that in our opinions it were very convenient
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
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
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
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
own service in such manner as may have just regard to the perfecting the same with most publick and general advantage to the whole Fens he is farther pleased to declare himself the sole Adventurer aswell of Deping fen as the great Level and hereafter in ordering the same will have a just respect unto such persons of Honour and others as have had any former interest or engagement therein And likewise well approving the rest of your proceedings requireth you to go on with the care you have begun not doubting but to such things as have been said by the Council at Bar touching Commissions of Sewers you will consider the weight of their Arguments and give them a fitting answer thereunto At the Session of Sewers held at Huntentendon 23 Julii 14 Caroli Deeping fen 27000 Acres The charge 27500l 13750 Acres The proportion 12000 Acres whereof 9000 out of the Undertakers 3000 out of the Kings Owners and Commoners with purpose to come for more if it will not perfect The Meeres and Meer-grounds 4500 Acres The proportion of 4200 Acres is 34ths 3150 Acres Stretham Meere 3000 Acres 300 Acres a moytie thereof 150 Acres Porsand and South Holland 36000 Acres the charge 11200l. 20000 of the worst at 12d. the Acre 10000 of the middle sort at 4 s. the Acre 6000 of the best at 8 s. the Acre 2 thirds of the worst 13334 Acre 1. 3d. A moytie of the middle sort 5000 Acres 1 fourth of the best being 1500 Acres In toto 19833. Acres North of Wisberhe 15000 Acres whereof 8000 Acres surrounded a moytie to be decreed 4000 Acres Marshland Common fen 4000 Acres To the undertakers two thirds viz. 2666 Acres The Marshes 9000 Acres To be imbanked 7000 Acres The charge 17500l. The recompence two thirds viz 4666. Acres and an half The Great Levell 306000 Acres whereof 12000 Acres to the King The charge 132900l. The proportion 100000 Acres Whereof of the Earl of Bedford's already set forth 43000 Acres Out of the Countrey 57000 Acres And then left to the said Earl 40000 Acres None to be taken till the work be done and Judgement upon a Winters experience and that probationary c. The whole to be bound for the works both the Kings and the Earls excepting the Kings 12000 Acres And moreover to enrich these Countries by several new Plantations and divers ample privileges Amongst which his Royal intentions that of the building of an eminent Town in the midst of the Levell at a little Village called Manea and to have called it Charlemont was one the design whereof he drew himself intending to have made a navigable stream from thence to the River of Ouse And to manifest his earnest and real purposes for the speedy performance of what was likely to redound so much to the Benefit of his People and Honour of the Realm he caused 1. A Bank on the South side of Morton's Leame extending from Peterborough to Wisbeche to be made and a navigable Sasse at Stanground and began the like Bank on the North side of that Leam 2. He caused a new River to be cut betwixt the Stone Sluse at the Horshoo and the Sea below Wisbeche of Lx foot in bredth and about two miles and an half in length with Banks on both sides thereof 3. And lastly he placed a Sluce in the Marshes below Tyd upon the out-fall of the Shire Drayn which afterwards was swallowed up by the Quick sands But here I come to a period of that noble design of this excellent Prince he being not in a condition to prosecute it any farther those fatal Clouds which began to appear in Scotland the year before by the unhappy combination of that people in a League and Covenant thickning apace that present year scil An. 1638 so that he was necessitated to raise an Army and to march thither in person for the prevention of the approaching storm which when with no small charge trouble he believed he had done disbanded his Army upon assurance of their future more stedfast obedience they soon after invaded this Kingdom with a powerfull Host which occasioned his Sacred Majesty to call a Parliament here hoping both of advice and assistance from his English Subjects for the getting out and quieting of those turbulent Spirits But instead thereof what a foundation the predominant party in the Parliament confederated with their Brethren the Scots for by that title they were then plâ—ased to call them had laid for the ruine of the King the extirpation of his posterity and enslaving of the whole Nation I shall not need here to tell the wofull dayes which we have seen being still so fresh in the minds of all good people The Kings work therefore being thus obstructed and the Country thereupon entring upon the said nineâ—y five tâ—ousand Acres the said late Earl of Bâ—dford and his Participants did in the year 1641 make their application to the then Parliament and had their Case committed but the flames of war so soon after breaking out not only hindred them from any farther prosecution of their purpose but occasioned the works made both by him the said Earl and his late Majesty to decay and become useless Whereupon William Earl of Bedford son and heir to Francis then deceased being willing to prosecute the work wherein his Father had been so great an Adventurer making his address in the behalf of himself and some other his Participants to that Convention sitting at Weâ—tminster in the year 1649. and then called by the name of a Parliament was thereby declared to be the Undertaker for the same and that he should have ninety five thousand Acres for perfecting thereof as they were set out in October 13 Caroli or thenceforth should be set out by virtue of that Act. The said Earl and his Participants therefore fell in hand with the work for the better understanding whereof it will be proper to take notice that this main body of the Fens so undertaken by them is divided into three distinct Levells viz. the North Levell the Middle Levell and the South Levell every of which hath its particular Banks and outfalls 1. That which I call the North Levell lying betwixt the River of Weland and Moretons Leame they defended from Weland by a Bank beginning at Peakirk running to Crouland and so to Brotherhouse where it unites with Holland Bank which Bank as all the rest of the great Banks are generally is seventy foot broad at the bottom and eight foot in height Peterborough water viz. the River Nene being also kept off by the like Bank extending from Peterborough to Guyhirne But the Drayns are only those that were before which were by this Earl and his Participants new scoured and opened And the outfall is also the same viz. by Shire Drayne and the Sluse at Tyd for the Sluses set in the Marshes are all lost which cost neer 25000l. Moreover they caused Wisbeche River to be opened for the length of two miles
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
Marshes there 104. a. Sedgmore 111. Suffolk 298. Surrey The Marshes on Thames 65. b. Sussex Marshes 87. b. Pevensey Marsh. The Laws and Ordinances for conservation thereof 95. a. Yorkshire 136. b. West Riding 115. a. Hâ—lderness 130. Banks and Sewers Abatement in Tenths and Fifteens by reason of the great chardge in their repair 131. b. 258. a. Allowance by the King towards their repair 121. b. 254. a. Commissions and Statutes of Sewers Observations thereon 369. Commissioners of Sewers their compulsorie power in case of neglect in performance of their Ordinances and Laws 60. a. 66. a. 347. a. Distresses taken by their authority of such as observe not their Decrees 21.23 b. sold 250. a. Land sold by them for neglect in paying of Assesments 63. a. 74. a. 82. b. Their power to make new Trenches and Banks in case of necessity 139. b. 243. b. 298. a. 371. a. b. c. To imprest Labourers for repair of Banks and Sewers 33.46 a. 47. b. 59. a. 60. b. 61. b. 78. b. 80. a. 100. b. 122. a. 135. b. 160. b. 204. b. 240. a. To make a Statutes and Ordinances according to the Law and Custom of this Realm and the Custom of Romeney Marsh 47. b. 48. b. 58. a. Custom of the Marsh observed in repair of Banks and Sewers 44. b. 45. b. 46. a. b. 47. a. b. 78. a. Land gained from the Sea to whom belonging 237. b. 239. a. Ouse sive Wellenhee The antient passage thereof to the Sea by Utwelle and Wisebeche 246. a. 248. a. 249. a. 256. a. 299. b. 300. a. 302. b. 333. a. 394. a. b. 395. a. b. 396. a. The Great Level Observations touching it viz. what it was at first 171. b. How it became overflowed by the Sea 172. a. Holland and Marshland how first gained from the Sea 174. a. How the main Level came first to be a Fen 175. b. The rise course and outfalls of the several Rivers passing through it 176. a. How those their outfalls became obstructed 182. a. Of the vast extent and great depth of the Fresh waters occasioned by those obstructions of their outfalls 179. a. The general drayning thereof when first attempted 375. The chief contents of the Bill handled in Parliament anno quarto Regis Iac. touching the general Drayning 386. Tides Their flowing higher in Humber by four foot than formerly 132. a. ERRATA PAge 9. l. 52. farther p. 10. l. 10. the Belgique p. 44. a. l. 32. S. Nicholas p. 57. l. 30. Marshes p. 143. b. in margine ligulâ p. 159. a. in margine penès Comitem p. 192. a. l. 6. celeri p. 200. a. l. 24. Jurors p. 709. a. l. 9. xxxiiii Chapt. in marg vide cap. 38. p. 211. b. l. 20. Camvill p. 244. a. l. 12. xxxiiii th Chapt. p. 299. a. in marg Cap. xlvi p. 300. b. l. 29. xlvi Chapt. A Note of the Contents of the Surrounded Grounds in every particular Lordship in the Level of Ancoime from Bishopbriggs to Ferrebriggs in Lincoln-shire undertaken to be Drayned by Sir Iohn Monson The Lordships on the East-side The Lords of the Mannors or chief Owners that adventured or Consented for the Proportions  Acr. Ro. Perc. KIngerby 25 0 0 Sir Thomas Puckering Lord consented Owersbie 350 0 0 Sir Iohn Monson Lord Adventured Thornton 208 1 11 The Bishop of Ely South-Kelsey 419 2 34 Sir Edw. Ascough Lord Adventured North-Kelsey 1214 2 3 Mr. Chamberlain Consented for Mr. Barde Kadney Hosham and Newstead 2010 1 39 Sir Will. Pelham Lord Adventured Kettlebie 0379 2 01 Will. Tirwitt Esq Lord Adventured Wrawbie cum Brigge 0645 1 08 Elsham 0807 2 11 Sir Sam. Oldfeild Lord Adventured Worlettbie 1369 3 13 Sir William Elvish Lord Consented Bondbie 0881 0 27 Sir Tho. Williamson Lord Adventured Saxbie 1122 0 29 Sir Mich. Wharton Lord Adventured Horstow 0517 2 16 ... Dorrel Esq Lord Adventured Ferrebye 0275 0 27  The Lordships on the West-side The Lords of the Mannors that Adventured or Consented for the Proportions  Acr. Ro. Perc. Glentham 0099 3 34 Ed. Turney Esq Lord Consented Bishopp Norton 0325 1 18 Ed. Whichcote Esq Consented Atterbie Snitterb Waddingham 0885 2 10 The King chief Lord. Waddingham per se 0707 2 12 Sir William Thorold Lord Consented Redburne 0819 0 34 Sir Thomas Stiles Lord Adventured Hibaldstowe 0927 1 07 Scawbie 0571 1 16 Mr. Nelthroppe Consented Caistroppe 0582 2 01 William Anderson Esq Adventured Broughton 1084 3 03 Applebie cum Thornham 1645 1 10 Step. Andersou Esq Lord Adventured Roxbie 0573 3 37 Sir Ed. Molesly then Lord Consented Winterton 0860 0 11 The King Chief Lord. The true but short state of Sir Iohn Monsons Business 1 The Towns are 26 2 The Lords of Mannors that adventured were 14 3 The Lords of Mannors that consented were 10 4 So as the Lords that were the chiefest and greatest Owners in 24 of the Towns were either Adventurers in or Consenters to the Dreyning and none of the rest opposed before the work was finished and adjudged 5. That Sir Iohn Monson undertook it as a Servant to the Country upon the desires of the Commissioners of Sewers and divers others leaving every man free to adventure for his own that thought it a bargain of advantage or otherwise to leave it upon him to undergo the hazard and lay down the money for their parts As appears by The Commissioners Certificate and their Petition to the King The two Exemplifications under the great Seâ—l And to shew that the Drayning hereof is of a publick advantage to the Kingdom and hath been the endeavours of the most Eminent Persons concern'd in it since King Edward the first 's time the Records following will make it appear a Esc. 16. E. 1. n. 47. b Esc. 16. E. 1. n. 47. c Pat. 18 E. 1. m. 30. in dorso d Pat. 23. E. 1. m. 15. in dorso e Pat. 6. E. 2. p. 1. m. 17. in dorso f Pat. 6. E. 2. p. 1. m. 17. in dorso g Pat. 3. E. 3. p. 1. m. 31. in dorso h Pat. 19. E. 3. p. 1. m. 18. in dorso i Pat. 23. E. 3. p. 1. m. 6. in dorso k Pat. 30. E 3. p. 2. m. 11. in dorso l Pat. 36 E. 3. p. 1. m. 6. in doâ—so m Pat. 39. E. 3. p. 2. m. 31. in dorso n Pat. 40 E. 3. p. 1. m. 34. in doâ—so o Pat. 15. R. 2. p. 1. m. 37. in dorso p Plac. coram Rege term Tâ—in 4. H. 4. rot 13. Linc. q Pat. 6. H. 5. p. 1. m. 21. in dorso r Pat. 22. E. 4. p. 1. m. 22. in dorso s 5. Sept. 12. Jacob. t 2. Aug. 13. Car. u 16. Julii 8. Car. w Uâ—t Maii 10. Car. x 19. Julii 10. Car. y Ult. Martii 11. Car. z 24. Aug. 11. Car. A a 27. Oct. 14. Car. â—b 19. Feb. 14. Car. C c 4. Maii 14. Car. D d Exemplifyed 24. Feb. 15. Car. ANNO XIII Caroli II. Regis In Parliam apud
Westm. inchoato 8º Maii. An Act for Confirmation of certain Decrees of Sewers made by the Commissioners for the limits of the Levell of the River of Ancholme in the County of Lincolne WHereas Sir John Monson in the eleaventh year of our late King of Blessed memory Charles the first upon the request of the Commissioners of Sewers for the parts of Lindsey in the County of Lincolne And to do service for his Country did undertake the dreyning and improvement of the Fenns and Low grounds lying in those parts upon the River of Ancholme extending from Humber to Bishop-Brigge which were found and adjudged to be hurtfully surrounded both by the view of the Commissioners of Sewers and divers verdicts of Iuries impannelled of the ablest Inhabitants after several views taken And that the dreyning of those Fenns were ever heretofore much desired by the parties intressed therein and for that the designe of dreyning of the same was by the opinion of the said Commissioners held to be a work not only Honourable but Profitable for the Country therefore the said Sir John Monson according to the power and direction of divers Acts and Decrees of Sewers in that behalf ordeined undertook the dreyning of the said Fenns and low grounds and to make them fit for Arable Meadow or Pasture yet so as he admitted as many of the Lords and Owners as would adventure with him for their own upon the same terms he did and did at his own and his Participants great expences dreyn all those grounds Common and several Fenns within the parts aforesaid between Humber and Bishopp-Brigge conteining by estimation above twenty thousand acres in one intire Level or work of dreyning for the doing whereof the Commissioners of Sewers have by divers Acts or Decrees of Sewers Ordeined adjudged decreed and set out unto the said Sir John Monson five thousand eight hundred twenty seven Acres of the said grounds Commons and Fenns by certain meets and bounds whereby the same are distinguished and known from the rest of the Commons there which Decrees Schedules and Laws of Sewers upon the humble Petition of the Commissioners to his late Majesty had His Majesties Royal assent and were inrolled in the high Court of Chancery according to the Statute in that Case provided and were exemplified under the great Seal of England by vertue whereof the said five thousand eight hundred twenty and seven Acres were held and injoyed by the said Sir John Monson his Participants and Assignes untill the beginning of the late troubles the undertaking being performed and so adjudged upon the view of the Commissioners of Sewers May it please your Most Excellent Majesty that it may be Enacted And be it therefore Enacted by the Kings Most Excellent Majesty by and with the advice and consent of the Lords Spiritual and Temporal and Commons in this present Parliament assembled and by authority of the same That the said Sir John Monson his Participants and Adventurers aforesaid and his and their and every of their Heirs and Assignes shall have hold possess and enjoy the said five thousand eight hundred twenty and seven Acres so set out by several Decrees of Sewers by meets and bounds therein particularly mentioned and expressed whereunto his Majesties Royal assent was had and by privy Seal certified into his Majesties high Court of Chancery and there inrolled and remaining of Record according to the several divisions and allotments since severally and respectively made between the said Sir John Monson and his Participants and Adventurers their and every of their Heirs and Assignes freed and discharged of and from all title and Interest of the former owners and Commoners whatsoever Provided all wayes and be it Enacted by the Authority aforesaid That if it shall fall out at anytime hereafter that the said Fenns and low grounds lying upon the River of Ancholme between Humber and Bishopp-Brigge for which the said Sir John Monson his Participants and Adventurers their Heirs and assignes have their said Recompence of five thousand eight hundred twenty and seven Acres set out for the dreyning of the same shall again be hurtfully surrounded in default of the said Sir John Monson his Participants and Adventurers their Heirs or Assignes and shall so continue at any time for the space of six Months together except such Lakes Draines Sewers and Portions of the said parts as were excepted upon the Contract not exceeding two hundred Acres so that the same shall be found and adjudged defective in default of the said Sir John Monson his Participants and Adventurers their Heirs or Assignes by six of the said Commissioners for the time being whereof three to be of the Quorum And that the said view and Iudgment be certified upon record into the high Court of Chancery then it shall and may be Lawfull to and for the Lords Proprietors and Owners and Commoners of and in the said Fenns and grounds and their Heirs and Assignes and for every or any of them to enter into two thousand Acres of the said five thousand eight hundred twenty and seven Acres to be set out and portioned by the said Commissioners so that the said Commissioners do set forth and allot a rateable proportion of the said two thousand Acres out of every of the said Lordships and to have hold and enjoy the same and their several Commons therein in as large and ample manner as they do and shall in the other parts left to them untill the said parts allotted and left to the said Lords Owners and Commoners be by the said Sir John Monson his Participants and Adventurers their Heirs and Assigns or some of them sufficiently drayned and again recovered at his and their own proper cost and charges as is aforesaid And that after that same shall be sufficiently recovered and drained the said Sir John Monson his Participants and Adventurers their Heirs and Assigns shall have and enjoy the said two thousand Acres as aforesaid and so in like manner from time to time to gain and lose their said Pasture and Common in the said two thousand Acres upon such and the like Certificates and recovery had and made as is aforesaid for ever Provided also that if the Lords or Owners of the Lands and Grounds within any the limits or bounds aforesaid allotted to the said Sir John Monson shall desire their Lands again be it further Enacted that if they pay to the said Sir John Monson or his Assign◠the principal money by him disbursed in draining the said Level with reasonable damages for the same at or before the first day of May which shall be in year of our Lord One thousand six hundred sixty three or if any difference shall arise or happen between the said Sir John Monson and any of the said Lords or Owners touching the said principal monies disbursed as aforesaid or damages for the same which the said Sir John Monson shall demand then such summ and summs of mony for the said Principal
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
and covenable Laws and Statutes for the preservation of those Banks and Sewers according to the Laws and Customes of Romeney marsh As also to take and imploy so many Diggers and other Labourers in that work upon convenient wages as should be needfull for the same in regard of the urgent necessity of expedition to be had therein Howbeit after this time till the xith year of the reign of the late King Charls I have not observed any thing else of moment concerning these Marshes but then at a general Session of Sewers held at Glamford brigge upon the last day of March in the said year for drayning of the Fenns and Carrs lying on both sides of the before-specified River of Ancholme in the Lordships of Glentham Bishops Norton Atterby and several other it was then and there ordered by Will. Tirwhit Will. Anderson Marmaduke Darell Samuell Owfield Stephan Anderson Esquires and Richard Nelthorpe Gentleman his Majesties Commissioners that a Tax of s. iiij xiijd. should be assessed upon every acre of land found in a verdict of the said Session in the Towns and places aforesaid for the drayning of those Fenns c. and making a Sluse or Clow near the out-fall of the said River VVhich said summs being not paid accordingly the before-specified Fenns could not be taken in hand there was therefore another Commission shortly after directed to Sir Robert Bell Knight Sir Edward Ascogh Knight Sir William Pelham Knight Will. Tirwhit Will. Anderson Edmund Anderson George Glapthorne and Edward Tourney Esquires who by virtue thereof sate at Glamford brigge aforesaid upon the xxiiijth day of August then next following where they the said Commissioners did decree and ordain that those Fens should be forthwith taken in hand and to that end treated with some Forein Undertakers whose demands being found too high and all other Gentlemen refusing Sir Iohn Munson Knight of the Honourable Order of the Bathe a person eminently qualified with learning and sundry other ample endowments having a fair estate in this County and no small proportion of these surrounded Marshes out of a noble desire to serve his Country declared that he would be the undertaker thereof himself upon the terms that had been proposed by the Commissioners unto those Foreiners and to lay the greater obligation upon them left every Free-holder at liberty to adventure for his own share if they thought fit upon the same rates and giving them a months time to consider of it Of which offer most of the great Lords and owners of that Level accepted Whereupon the said Commissioners decreed First that he the said Sir Iohn Monson should and might forthwith set upon the work and accomplish it within the space of the six next ensuing years Secondly that all the said grounds being so drayned should for ever afterwards continue for meadow and pasture excepting some quantity thereof not exceeding CC acres which was to be left for Lakes and sikes for the reception of superfluous water within the same Thirdly that he the said Sir Iohn his heirs and Assigns should at their own costs repair and keep all Drayns and Sluses which were to be made conducing thereto And for the better preserving of the said work to make such new Drayns and Sluses with Cart bridges over them where need should be in such places as any six Commissioners of Sewers for the time being should think fit Fourthly that in consideration of this great work he the said Sir Iohn his heirs and Assigns should have and enjoy five thousand eight hundred and twenty seven acres of the said Fenns and Marshes dischardged from all Commons Titles Chardges Interest and demand of all or any persons whatsoever to be assigned and allotted to them out of the said Lordships or any six of them before the Feast-day of S. Michael the Arch-Angel in the year of our Lord 1636. to be enjoyed from the time that the said grounds should be adjudged to be drayned by the before-specified Commissioners Fiftly that if through the neglect of the said Sir Iohn Monson after the end of those six years the above-mentioned grounds should happen to be again surrounded and so continue for the space of one whole year together and that by view and judgement of the Commissioners the same should be so certified into the Chancery that then in case it were not again inned and made fit for erable within six months after such certificate transmitted into the Chancery it should be lawful for the owners of the said grounds and their heirs to enter into two thousand Acres of the said five thousand eight hundred twenty and seven Acres untill the said grounds so drowned should be again recovered by the said Sir Iohn Monson c. Sixtly that every person who had lands adjoyning to those drayned grounds which should happen to be bettered by this drayning should pay unto the said Sir Iohn his heirs or Assigns for every Acre so improved so much as by six of the Commissioners of Sewers for the time being should be adjudged fit Seventhly that in case the said River of Ankolme should in order to this drayning be diverted by any new cut such Lords of Mannours and others as have had liberty of fishing in the old Chanel should in lieu thereof have the like benefit and liberty in the new Eighthly that where any mans ground should happen to be cast from his Lordship to the other side of the River the same person his heirs and assigns to have free ingresse and egresse to and from the same through the Lordship of him to which it should be so cast VVhich Decree of the before-specified Commissioners was exemplified under the great Seal of England by the Kings Letters Patents bearing date 27º Octobris 14º Caroli After which at another Session of Sewers held by adjournment at Glamford brigge aforesaid the fourth day of May in the xiiijth year of the said K. Charles by and before William Amcot Iohn Broxholme Marmaduke Darrell Thomas Nethercot Roger Gregory and Mich. Mounckton Esquires Tho. Hely Hen-ry Sandwith Iohn Barnard Edw. Nelthorpe Tho. Farmery and William Darvin Gentlemen Commissioners appointed for this Level upon the River of Ankolme extending from Bishops brigg on the South to Ferriby brigg on the North and from thence to the low water mark in Humbre and into the Mannours of Glentham Bishop's Norton and divers others after recital of the Decrees and Ordinances made in the two former Sessions of 11º Caroli before taken notice of And that at a Session of Sewers held likewise at Glamford brigg aforesaid by and before William Amcott Marmaduke Darrell Iohn Broxholme Esquires and others it was adjudged and declared that the said Sir Iohn Monson had with the expence of great â—umms of money well and sufficiently drayned and recovered those Fens and surrounded grounds according to the tenor of the said Law made the 24th of August in the said 11th year of King Charles the said Will. Amcott and
his associates above-mentioned did declare that upon view and perambulation through the said levell they adjudged that the said Sir Iohn Monson had sufficiently drayned and recovered those surrounded grounds according to the first undertaking therein And that therefore considering the great chardge which he the said Sir Iohn haâ— been at therein and the advantage which had already accrued and would farther accrew to the Lords and owners and all others interessed in the same as also the further chardge which he the said Sir Iohn was like to sustain therein did adjudge to him the said Sir Iohn and his heirs the before-specified quantity of five thousand eight hundred twenty and seven acres according to the Statute de terris mensurandis of the said Fenny grounds to be severed and divided in such sort from the said other grounds as he the said Sir Iohn Monson his heirs or assigns should think most convenient VVhich said number of Acres were accordingly assigned out of the several Lordships c. so drayned according to a particular schedule whereby the number out of each is exprest All which was exemplified in the said Kings Letters Patents dated at Westminster 24º Februarii 15º Caroli the said Commissioners and every interessed person seeming very well satisfied therewith Neverthelesse of such pernitious spirits were divers of the Free-holders and Commoners that taking advantage of the late troubles in this Realm they did about the beginning of the late warrs re-enter upon those lands by reason whereof not only the works became neglected but the drayns have been filled up and Sluses decayed And though the said Sir Iohn Munson made his complaint to those who of late years took upon them regâ—l power under the name of the Parliament of the Common-wealth of England yet did he obtain no redresse therein CAP. XXIX I Now come to those Banks and Sewers in the other parts of this Province of Lindsey whereof some do lye upon the South side of Humbre and the residue upon the Sea coast The first mention of these wherewith I have yet met is by a Fine levyed at Lincolne upon the morrow after the Feast of the blessed Virgins Purification in 41 H. 3. before Iohn Abbot of Peterborough Roger de Thurkelby Peter de Perci Nicholas de Hanlou and Iohn de Wyvile Justices Itinerant and others betwixt Raphe Abbot of Croyland Gilbert de Gaunt Robert de Welle Robert de Wilgeby Nicholas de Grendale Iollane de Hamby and Gilbert de Orreby Plantiffs and William de Gaunt and Alice his wife deforciants concerning a certain Sewer which they claimed to have in the lands of the said William and Alice in Munby and Hoggesthorpe By the which Fine the said William and Alice did grant for themselves and the Heirs of the said Alice that the before-specified Abbot and his successors as also the said Gilbert de Gant and the rest and their heirs together with all the Tenants of the Fee of Guy de Crun Gilbert de Gaunt and Robert de Tatersale betwixt the Towns of Brunthorpe and Orreby should have a certain common Sewer through the midst of the lands of the said William and Alice and the heirs of the said Alice in Munby and Hoggesthorpe of xxiiij foot in bredth for the drayning of all their lands within that Fee saving that the said Gilbert de Orreby and his heirs should not drayn above three hundred Acres of land so that the same Sewer should begin from Frethermersklide and so extend it self to the Sea by these following bounds viz. from Frethermersklide to Kamericroft thence to Grimescrike and so through the midst of Haverholm and the midst of Boyntoft Common unto the Sea-bank thence to a certain bank called Nâ—w Haven through the middle of the Fen unto the Sea and that the said Abbot and his successors as also the said Gilbert Robert c. and their heirs should have liberty to scour clense and repair the said Sewer and cast the earth on each side thereof at their pleasure without the impediment of the said William and Alice and the heirs of the said Alice for ever For which grant and concession the said Abbot Gilâ—ert Robert c. gave to the said William and Alice the â—umm of xxl. sterling And the said Abbot for himself and his successors as also the said Gilbert Robert c. for themselves and their heirs did then Covenant to make and maintain three Bridges over the same Sewer at their own proper costs and chardges by which Carts and Carriages might have passage and likewise one bridge betwixt Frethemskilde and Camericrofte and two bridges betwixt Haverholme and the Sea-bank and one bridge for foot folk betwixt the Church of Munby and the Chapel of S. Leonards in that Town and moreover a certain Gutter at the Sea-bank by which the water which cometh through the said Sewer may alwayes passe into the Sea so that if the said Abbot or his successors and the said Gilbert Robert c. or their heirs should fail in maintaining and repairing the said Sâ—wer Bridges or Gutter it might be lawful for the said William and Alice and the heirs of the said Alice to distrain their Cattel found in any of the lands of the said Fee untill the repairs of the said Sewer Bridges and Gutter should be repaired After this viz. in 8 E. 1. the King directed his VVrit to Iohn Beke and the Shireeve of this County commanding them to enquire by the Oaths aswell of Knights as other honest and lawful men within his precincts whether it would be to the damage of the said King and the Inhabitants of this Country if the course of the River of Friskeney were diverted and brought into the Town of Grimesby for the better opening of that Port which was then so filled up with silt and mud by frequent inundations that ships could not have free ingresse and egresse out of it VVhereupon a Jury being accordingly impanelled and sworn did say upon their Oaths that the said River might be so diverted without any damage to the King but to the prejudice of divers of the Country viz. of William de Apeltrefeud who then had the seat of a Mill which he might if he pleased new build whereby it would yield him four pounds and tâ—o shillings by the year And that it would be to the damage of Sir Walter de la Lynde two shillings which he had wont to receive for drying of Nets upon his land And to the damage of Gilbert of Little Cotes Robert de Kirketon Sir Walt. de la Lynde Philip de Wynelesby and their Tenants four shillings and four shillings yearly for two acres and an half of pasture And they said that if it hapned the same water of Friskeney to passe by Milnewell Creeke the Town of little Cotes would lose it's Common of pasture of two hundred Acres and more except they should have a sufficient Bridge for Carriages and Cattel to their said
and Pitchers all good earthen ware Whereupon being called into the King's Kitchen that they might buy some of his Pots there came in one of the Constables of the Town and looking upon him said that he never saw any man in favour of face and stature so like Hereward as a poor man might be like to a rich and a Country man to Souldier insomuch as divers came about him desiring to see a man like so much famed a person and thereupon brought him into the King's Hall amongst the Knights and Souldiâ—rs that they might behold him But some when they saw him said that a man of no greater limbs could not be of that valour and courage as Hereward was said to be Others asked him if he knew or had ever seen that wicked fellow scil Hereward To whom he answered I wish that he were now here amongst us he being the greatest Enemy that I have for he took a Cow and four sheep from me which were all the goods in the world that I had except my Pots and this Mare and the only livelyhood for my self and my two Sonns About this time the King's Dinner being making ready Hereward retired into the Kitchin and after Dinner the Servants Cooks and Grooms of the Kitchin gave him Wine and Beer that they might make him drunk and laugh at him scoffing at him diversly having a purpose to shave his Crown and pull off the hair of his beard and then to hoodwink him to the intent that he might break his own Pots which they had set about him But refusing to be thus abused one of them struck him whom he requited presently with a blow that knockt him down insomuch as the rest took up Tongs and other things to beat him which he discerning forthwith snatcht up a fire shovel and laying about him stoutly kill'd one and wounded divers of them Whereupon it being made known in the House they apprehended him and put him in ward and soon after the King being gone out to hunt one of his Keepers came and brought a naked Sword in one hand and a pair of Fetters in the other which he threatned to put upon him but Hereward being too nimble for him wrested the Sword out of his hold and slew him and so over hedges and ditches hasted to the King 's outer Court where he found his Mare and though some pursued him got safe away to Somersham wood where he hid himself till the Moon shone after midnight and then came into the Isle But whilst he was thus in the wood he chanced to meet with a person whose Horse was tired and himself too and demanding of him who he was he told him that he was one of the King's Servants that had pursued a man who had killed one of the Kitchin Boys and another that had the custody of him after he was apprehended for that fact and desired him that for the love of God and generosities sake he would discover to him whether he saw such a fellow or not whom he then described To whom he replyed Because thou requirest me to tell thee for the love of God and of generosity I will Know therefore that I am the man And now that thou maist be infallibly assured that I am so and that thou hast spoken with me take this thy Sword with thee for a testimony and leave thy lance with me All which he reported to the King who with those that were the present admired Hereward for an excellent Souldier The King therefore according to his former purpose having prepared divers warlike Instruments brought his whole Army to AElreheth now Audrey causing great store of wood and stone with divers sorts of fagots and such like materials to be carryed thither And summoned all the Fishermen in those parts with their Boats to meet at Cotingelade that they might transport thither whatsoever was brought and raise large hills and heaps on this side Alreheth whereupon to fight Amongst which Fishermen came Hereward himself also with a Boat using all shew of diligence and the same day before Sun setting having set fire on what was so brought and killed and drowned divers he made his escape away And to the end he might not be known he coloured his head and beard red neglecting no way to disguise himself which might further the doing of mischief to his adversaries whereof the King hearing commanded that if ever he could be taken he should be brought alive to him without any hurt But having warning by these losses the King caused more strict guards and watches day and night in every place and within seaven days raised four or five mounts of earth and other materialls in which they placed certain warlike Engines intending on the morrow with all their force to assault the Isle and that they might the better succeed therein set that old Witch before mentioned upon the highest place in the very midst of them that being so well guarded she might exercise her wicked Art Who being so got up made long speeches against the Isle and all those that were in it making signes and shews of their being vanquisht and allways at the end of each spell she turned up her bare buttocks towards the Isle Howbeit as she was beginning with her third spell there were those of the Isle that set fire on the Reedes growing in the Fen all thereabouts which by the help of the wind spread it self no less than two furlongs and making a horrible noise of crackling amongst the willows and such like Vegetables did so affright the assaylants that they hasted away as fast as they could but being troubled with the smoak could not tell which way to betake themselves insomuch as many were drowned the defendants having the advantage of the wind and smoak getting out of the Isle and shouring multitudes of arrows upon them And in this prodigious rout and confusion of the assaylants down tumbled the old witch from the place where she was set and broke her neck nay the King himself hardly escaped death there being an Arrow shot into his Target which he carried away with him to his Tent which so soon as his Souldiers saw they feared he had been wounded but he told them he was not at all hurt otherwise than by evill Counsel in being deceived and abused through the cunning of that wicked Sorceress expressing that all the mischief which had hapned did befall him deservedly in putting any trust in her devillish Art At that time it was that Raphe sirnamed Waer Earl of the East-Angles having privily got together a great strength inviting divers of the English to his wedding obliged them to his party deceitfully by an Oath and wasted the whole Country from Norwich to Thetford whereof the two Earles and all the rest of the chief persons who then were in this Isle having notice repaired to them leaving only Hereward with the Monks and his own Souldiers to defend this place Things standing therefore thus