cloudy gross and full of rotten harrs the Water putrid and muddy yea full of loathsome vermin the Earth spungy and boggy and the Fire noysome by the stink of smoaky Hassocks As for the decay of Fish and Fowl which hath been no small objestion against this publick work there is not much likelyhood thereof for notwithstanding this general Drayning there are so many great Meeres and Lakes still continuing which be indeed the principal harbours for them that there will be no want of either for in the vast spreading waters they seldom abide the Rivers Chanels and Meeres being their principal Receptacles which being now increased will rather augment than diminish their store And that both Fish and Fowl are with much more ease taken by this restraint of the waters within such bounds we daily see forasmuch as all Netts for Fishing are better made use of in the Rivers and Meeres than when the waters are out of those narrower limits And that Decoys are now planted upon many drayned Levels whereby greater numbers of Fowl are caught than by any other Engins formerly used which could not at all be made there did the waters as formerly overspread the whole Countrey THE HISTORY OF IMBANKING and DRAYNING CAP I. THAT works of Drayning are most antient and of divine institution we have the testimony of holy Scripture In the beginning God said let the waters be gathered together and let the dry land appear and it was so And the Earth brought forth grass and herb yielding seed the fruit-tree yielding fruit after his kind and God saw that it was good Again after the Deluge it was through the divine goodness that the waters were dryed up from off the Earth and the face of the ground was dry And that those Nations which be of greatest antiquity and in chief renown for Arts and Civility are also famous for their works of this nature is evident from the practice of the AEgyptians the Babylonians the Graecians the Romans and several other of which I shall give instance First therefore of Egypt because that Countrey is more mervailous than any other and that the works there are more remarkable than the Countrey This lyeth in a great length from South to North between Arabia and Lybia and is watered with the River Nilus a stream that all the Winter keepeth within his banks but at the Summer Solstice beginneth to exceed and swelling an hundred dayes is almost as long a time in retreating Which constant inundation is so commodious that those surrounded parts as an eminent Historian testifieth are only habitable and that whatsoever place on either side the River riseth in such a manner that it cannot receive the floud remaineth desert and uninhabited through want of water We may therefore esteem the AEgyptians to have been the first Masters in this Art of Drayning whom necessity and profit induced to imploy their wit and labour to the improvement of their Countrey and making the best advantage of that exorbitant River wherein they became most excellent their workman-ship about the River Nilus being such as the same learned Author manifesteth that Industry surpassed nature for Egypt saith he though naturally fruitfull being watered is more fruitfull And though according to the course of nature the greatest increase of the River watereth the most land yet through industry it was so brought to pass that oftentimes when nature was defective there was by the help of Trenches and Banks as much ground watered with the smaller flouds as with the greater so that at high floud the Countrey is all a Sea except the Cities and Villages which being situate either on Natural hills or Artificial banks at distance seem to be Islands The just increase of this flowing appeareth to be xvi Cubits Lesse watereth not all more is too slow in retreating too much water keeping the ground wet too long loseth the season of sowing too little affordeth no season through drougth The Country reckon upon both At xii Cubits they foresee famine at xiii hunger xiv bring mirth xv security xvi plenty The AEgyptian Trenches therefore were of two sorts either for avoidance of superfluous water or disposing of what might be useful there being notable examples of both kinds Of the first sort are those many out-lets made by hand for the Rivers more current passage into the Mid-land Sea the natural mouths of Nile being insufficient for the septem ostia were not all natural Nilus having run through Egypt in one stream to the City Cercasorus thence divideth it self into three Chanels one runneth Eastward towards Pelusium thâ— other Westward towards Canobus from whence they are denominate the third dividing Delta runneth straight forward to Sebennitus from whence it hath it's name and there is divided into two other streams the one passing by Sais the other by Mendes receive their names from those Cities But the Bolbitique Bucolique Chanels are not natural but made by digging This Island of Egypt towards the Sea between the Pelusiaque and Canobique Chanels is called Delta from the form of the letter Δ. Between these two mouths besides the five before named there are many smaller For from the former there are divers subdivisions throughout the whole Island which make sundry Water-courses and Islands so as one Chanel being cut into another it is navigable every way The reason why these lower parts were cut and Drayned in such extraordinary manner may be supposed to be besides the convenience of navigation for that they were more apt to silting whereof the AEgytian Priests had good experience For in the Reign of King Myris when the River rose not above eight Cubits it watered all Egypt below Memphis But now in Herodotus his time unlesse it rose xvi or at least xv cubits it overflowed not that part of the Country Nor was there nine hundred years passed from the death of King Myris to the time that Herodotus heard this from the Priests Amongst this sort of works against the inconvenience of the River may be reckoned the inbanking of Cities which Sesostris first performed But those works especially at Bubastis were after heightned by Sabacon the AEthiopian who imployed therein all persons condemned to death The other kind of Trenches extending the benefit of the inundation beyond nature is more commendable having lesse of necessity but more for imitation The first of these was made by King Maeris into a Lake on the Lybian side which bears his name which Lake saith Herodotus is three thousand six hundred furlongs in compass being the measure of Egypt along the Sea coast and lyeth in length North and South the greatest depth being â—ifty paces Almost in the middle thereof stand two Pyramids each fifty paces above water and as much below in all an hundred paces there being upon each a Colossus sitting in a Chair The water of this lake is not esteemed to spring
â—is Commission bearing date at Chauâ—one the 18th of Febr. unto Stephan de Pencestre and William de Echingham to make enquiry in the Premisses and to make redresse of such injury as they should find to have been done therein And in 27 E. 1. the Sea-banks in this County being grown to decay in divers places Robert de Septvaâ—s and William Mause were constituted the King's Justices to take view of them and to take order for their speedy repair In 2 E. 2. William de Walleins and others being constituted Commissioners for the viewing of the Banks and Water-gangs in this County sate at Newcherche upon the Monday next following the Feast of S. Mildrede the Virgin in the said year where by the common assent of the Lords of the Marshes of Lyde and Oxney and the appointment of the King it was ordained that thenceforth the said King's common Bayliff in Romeney Marsh should oversee the Bayliffs and Jurats of the said Lyde and Oxney and when necessity should require to summon them together with the xxiiij Jurats of Romeney Marsh to fit places to consult of Ordinances and making Laws for the defence of the Lands in the said Marshes so that they should alwayes abide by the Determinations and Customes of the said Jurats for the lesse losse and more safeguard of their Lands notwithstanding any Custome to the contrary Saving alwayes the tenor of the King's Charter granted to the Commonalty of the said Marsh and likewise the Ordinances of Sir Henry de Bathe as also of Iohn de Lovetot and his associates for to remain in their full power In the same year Henry de Cobham Junior Iohn Malemeyns and William de Bernefeld were appointed by the King to take view of the Banks Sewers c. in East-Kent So likewise were Waresâ—o de Valeynes Iohn Malmeynes and Henry de Worhope assigned to make enquiry of the Banks Ditches c. in the Marshes of Meyhamme and Gatesdenne upon the Sea coast betwixt Smallyde and Meyhame then wanting repair through the default of Raphe de Thordonne Scoland de Forshamme Thomas Fitz Hubert of Hechyndenne and Walter de Marcleshamme â— who held lands in those Marshes In 6 E. 2. the Jury for the Hundred of Cornylo exhibited a Presentment unto Hervic de Stantone and his fellow Justices Itinerants sitting at Canterbury in the Octaves of S. Iohn Bapt. importing that the Prior of Christs-Church in Canterbury did about ten years then past divert the course of a certain water called Gestling in which such Felons as were condemned to death within the before-specified Hundred ought to suffer judgement by drowning so that by this turning of that stream those condemned persons could not there be drowned as formerly and that this was to the prejudice of the King c. And they likewise presented that the said Prior about two years then past raised a certain Trench of four foot by which the same water of Gestling coming from the upper part of that Country had wont to passe unto the Sea and wherein the King had used to have fishing worth Cs. by the year And that by the said diversion the King not only lost the profit of his fishing but a thousand and five hundred Acres of Land were thereby drowned to the great damage of the said King and all the Country thereabouts The Shireeve therefore had command to summon the said Prior c. Who appearing and the said Jury taking the premisses into farther consideration said upon their Oaths that as to the Fishing the said Prior and Covent had antiently a certain mill in a place called Lydene which Mill being burnt in the time of warr there was no other there built till that the Prior then living about ...... years past erected a new one And they said that after the building thereof the said Prior raised a certain Gutter four foot high which had there been made in former time for conveyance of the water from the upper parts of the Country And they said likewise that without the said Gutter there then was a certain Fishing which the Kings Officers belonging to Dover Castle it being within the liberties thereof sold sometimes for 30s. per annum sometimes for 20s. and sometimes for lesse And that the course of the said water which passed through the before-specified Gutter passed to that place wherein those condemned persons had wont to be drowned and their bodies carryed to the Sea And they moreover said that after the same Gutter was so raised the water so descending from the upper parts before-mentioned could not passe through it whereby not only the said fishing became totally lost but the drowned bodies could not be conveyed to the Sea by that Stream as formerly and all this by reason that the water had not it's passage there as usually and that the ground without the Gutter so increased and grew higher that the stream could not have it's course there And the said Jury being asked how long that Gutter had been so raised they answered for four years onlyâ— And what the said fishing was yearly worth they replyed one Mark The Shireeve thereof had command that he should cause the said Gutter to be put into the same condition as it was before and that the earth without the Gutter so raised should be thrown down again at the chardge of the said Prior c. so that the course of the before-mentioned water might run as it formerly did and the said Prior was amerced About two years afterwards viz. in 8 E. 2. Will. de Basinges Will. de Swantone and Will. de Leteriche were constituted Commissioners to oversee the Banks Ditches c. in the Marshes of Romenale and Oxene in this County and to take order for their repair So also in 9 E. 2. was Robert de Kendale then Constable of Dovor Castle Iohn Malmeyns of Hoo and Will. de Cotes for those in East-Kent The like Commission had Iohn de Ifelde Will. de Cotes Stephan de la Dene and Will. Lotriche in 10 E. 2. As also the said Robert de Kendale Nich. Kyriell Iohn Malemeyns of Hoo and William de Cotes In 11º E. 2. Thomas de Sandwiche Will. de Cotes Will. de Derby and Thomas de Poveyn were specially appointed to view the Banks Ditches c. in the Marsh of Chistelet lying also in East-Kent and to cause the defects therein amended The next year following Edmund de Passele Will. de Dene and Iohn de Ifeld were assigned to take the like view c. for those Banks and Ditches lying neer Newendene and Rolvyndene In 14 E. 2. Iohn Abell and Robert de Shirlond for those on the Banks of Medway neer to Reynham and the parts adjacent which had received much decay by the fresh waters And in 16 E. 2. the before-specified Edm. de Passele Iohn de Ifeld and Stephan de la Dane again for those
that 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 Sea from that point of land about Hunstanton in Norfolk to Wynthorpe in Lincolnshire which maketh it much like unto a Bay I am now to demonstrate by what means it came to passe that the Ocean at first brake into it with such violence as that the woods then standing throughout the same became turned up by the roots and so great a proportion of silt brought in as not only for divers miles next towards the Sea did cover the ground to an extraordinary depth as I shall plainly shew anon but even to the remotest parts on the verge of the High lands as is apparent from that discovery made of late years at the skirt of Conington down in Huntendonshire where upon making of a pool by the famous Sir Robert Cotton Baronet he found the skeliton of a large Sea-fish neer xx foot long as was then conjectured lying in perfect silt above six foot below the superficies of the ground and as much above the present Levell of the Fen which by so long a continuance in that kind of earth was petrified as is evident from divers of the bones both of the back and other parts which are still preserved by Sir Thomas Cotton Baronet his worthy son amongst other extraordinary rarities that were collected by that learned person But when and by what means that violent breach and inundation of the Sea was first made into this Country I am not able positively to affirm therefore I must take leave to deliver my conjecture therein from the most rational probabilities VVhich is that it was by some great Earthquake for that such dreadful accidents have occasioned the like we have unquestionable testimony Coss. Valentiniano Valente saith the tripartite History terrae motus factus multas diruit Civitates sed etiam mare terminos proprios mutavit in quibusdam locis in tantum ibi fluxit ut loca quae pridem ambulari poterant remigarentur ab aliis verò locis tantum recessit ut arida tellus inveniretur In the time of the Consulship of Valentinian and Valens there was an Earthquake which not only overthrew divers Cities but altred the very bounds of the Sea which so flowed in some parts that men might sayl in those places where before they did walk and forsook other that they became dry land The like relation of the same Earthquake but somewhat more largely doth Ammianus Marcellinus make And to the like purpose also is that of Ovid Vidi ego quod fuerat quondam solldissema tellus Esse fretum vidi factas ex aequore torras Et procul à pelago Conchae jacuere marinae Et vetus inventa est in montibus anchor a summis Quodque fuit campus vallem decursus aquarum Fecit eluvie mons est deductus in aequor Eque paludosa siccis humus aret arenis Thus translated into English by G. Sandis Where once was solid land Seas have I seen And solid land where once deep Seas have been Shells far from Sea like Quarries in the ground And Anchors have in Mountain tops been found Torrents have made a valley of a plant High hills by Deâ—uges born to the main Deep standing Lakes suckt dry by thirsty sand And on â—ate thirsty Earth now Lakes do stand VVho would imagine that the City of Gant in Flanders had been an Haven town yet that so it was about DCCC years since appeareth in the life of Charls the great written by the learned Du Chesne So likewise S. Omers as Ortelius testifieth S. Audomari oppidum saith he olim fuisse Oceani portum atque sinum maris latissimum vel praealta littora quae ipsam Civitatem quasi cingunt demonstrant aliaque innumera argumenta antiquitatis vestigia c. That S. Omers was a Sea port and an ample harbour aswell the high shore which as it were compasseth that City as also a multitude of other arguments and badges of antiquity do manifest Neither do we want examples here in some parts of England of this kind Ratesborough otherwise called Richborow in Kent sometime a Colony of the Romans was or ever the River of Sture did turn his botome or old Canale within the Isle of Thanet as Leland affirmeth and by likelihood the main Sea came to the very foot of the Castle but now it is off from it a mile by reason of the wose that hath there swollen it up So also Lymme hill or Lyme was sometime a Haven and good for ships that might come to the foot of the hill And Rumney four miles distant from Lymme hill one of the Cinque Ports hath been a meetly good Haven insomuch saith the same Leland who lived in King Henry the 8th' s time as within remembrance of men ships have come up hard to the Town and cast anchor in one of the Church-yards but is now two miles from the Town which is so sore decayed thereby that were there were three great Parishes and Churches sometime there is now scant one well maintained And concerning Eye in Suffolk it is not a little observable what he likewise expresseth viz. that it should seem antiently to have been in a manner totally encompassed with waters Eye in our old English signifying an Island but now saith he there is no such store though it be a moist place especially in the winter season which manifestly sheweth that it was heretoforeâ— a standing Fen. Adding that in old time Barges came up thither from the Haven of Chromar or some Creek neer unto it there having been found by the Monks of Eye in scouring of their Ditches large Rudders done over with pitch as also Barge-nailes with other naval Instruments though then no Vessels came neerer to it than Burstan which is xij miles distant And as some places have got from the Sea so some other have lost as may seem by Skegnesse in Lincolnshire which was heretofore a great Haven Town as the before-specified Author relateth and walled having a Castle but the old Town is clean consumed and eaten up of the Sea Not unapplicable hereunto is therefore that of the Poet. Haud procul hinc stagnum tellus habitabilis olim Nunc celebres mergis fulicisque palustribus undae Hard by a Lake once habitable ground Where Coots and fishing Cormorants abound CAP. XXXIV How Holland and Marshland were first gained from the Sea BUT though the Sea by some such strange accident made that irruption into those parts yet did not the tides for any long continuance of time flow wholly over it as I presume for most evident it is that as all flouds do from the muddiness of their streams leave on the Verges of their quickest currents a sandy settlement so by these dayly fluxes did a vast proportion of silt fix and settle somewhat within the mouth of this Bay which silt in tract of time increased to such a height as that it exceeded the ordinary flowings of that watry
that the same water hath no issue towards the Sea except by a certain Gutter in bredth three foot and an half therefore it was considered that the said Towns according to the number of their Acres belonging to every Inhabitant should restrain the same in manner aforesaid and defend the ends of those Towns abutting on the Fen And there was a day assigned for making such a restriction or Dam upon the borders of both Counties within the Quinzime of the Epiphany then next ensuing upon the penalty of CCl. And at the same time the Jurors for the County of Lincolne did present that there was a certain Gutter made in the Town of Multone called Bollesgote and that it ought to be repaired by the men of that Town according to the number of their Acres for the quantity of what they held it was therefore commanded that the said Townsmen should repair that Gutter in form aforesaid before Whitsontide following upon pain of an Cl. And on the Thursday being the Eve of S. Barnabas the Apostle at the suggestion of some of the Country came the said Simon and his fellow Justices to view that restriction and to enquire by those Jurors what had been done upon the Ordinance aforesaid Whereupon it was then presented that the Sewer which led from thence unto the Sea betwixt the Counties of Cambridge and Lincolne ought to be enlarged to the bredth of twenty foot scil ten foot on the Lincolnshire side and ten on the Cambridgshire side And because it was found by the Jurors that the said Ordinance for that restriction before-mentioned could not be observed as it ought to be by reason of the excessive flouds of water it was decreed that aswell the Dam as the Sewer should be repaired by the view of those Jurors as it had been ordained before the Feast of S. Peter ad vincula then next following upon penalâ—y of Cl. every Town adjoyning upon the same Sewer making good their particular proportions abutting towards them And Adam de Tid with other the Inhabitants of Tyd came and condescended that they would for what they held according to the number of Acres repair and make good the Banks of Sutton Marsh betwixt Scoft and Gedeney provided that they were not chardged with their Acres lying in Tid Marsh before the said Marsh was defended by the Sewer and Dam before-mentioned In 21 E. 1. the Abbot of Pâ—terborough brought an Assise of Novell disseisin against Ranulph de Rye Philip Phiket and others for putting him out of possession of his freehold in Gosberkirk viz. of xl acres of Marsh with the appurtenances whereunto the said Ranulph and the rest of those defendants pleaded that the said Abbot had brought his action against them unjustly because he was not seised at all of the premisses And they farther said that the Custome of that Country was such that whensoever the Sea did by its raging overflow any mans lands and meeting with any resistance or upon its going back waste away any of the said Land and make a hollow place no man ought to fill up that place but to clense and drain it for the common benefit of the Country and so to let it remain iâ— the same condition that the Sea first left it And they moreover said that about xviii years then past the Sea did make such an hollow in the Land of the said Abbot which so continuing for a long time they did afterwards drain it according to that Custome without doing any injury at all Whereunto the Abbot replyed that the said Ranulph could not under colour of any Custome excuse himself for he said that the place before-mentioned was his own several ground and that it was not lawfull for any man to dig in another mans land nor drayn the same without the leave of the owner excepting only one Ditch which lay in the confines of the two Hundreds of that Country called Gotecrike which Ditch whosoever had a mind to do it might drayn it and scour it at their pleasure And he also said that the above-mentioned Ranulph had in his own particular land made a certain Ditch whereby the said Abbot was hindred from coming to his Marsh and this he desired might be enquired of c. VVhereupon the Jurors delivered in this verdict viz. that the place before-mentioned was the several ground of the said Abbot in which no person without his leave had any thing to do And that there had been a kind of Ditch there which was xl years before filled up and then reduced to firm ground And they said that there did happen in that very year such a floud in those parts aswell of the fresh water as from the Sea that it broke the Abbots bank at each end thereof which breach he the said Abbot did make up as it was well lawfull for him to do And they said that the before-specified Ranulph and the other defendants afterwards made a Ditch of ten perches in length upon the soyl of the said Abbot against his leave and did exclude him from coming to that Marsh. Wherefore the said Abbot had judgement to recover his seisin and xxs. damage The next year following the King being advertised that by reason of the more than ordinary bredth of the River of Shoft neer Trokenhout which is in the confines of this County and Cambridgshire and likewise through want of repair of the Banks Ditches Gutters and Sewers in those parts great losse had hapned to the Inhabitants thereabouts the King therefore to contract the said Chanel for the more security of the Country and for repairing those Banks and Ditches did assign S. de Ellesworth R. de Chadeworth and R. de Coupledik to enquire aswel by the Oaths of Knights and others of the said Counties of the course of that stream as of those Banks Ditches Gutters and Sewers before-mentioned who they were that possessed Lands and Tenements thereabouts and had or might have benefit by the contracting of the said Chanel and repair of the Banks and Sewers aâ—oresaid and to distrain them thereto for the proportion of their said Lands and Tenements according to the number of Acres so that no favour should be used therein either to rich or poor Upon which Enquiry the Jurors delivered this following Verdict viz. that the Towns of Tydd and Sutton lying in Holand in this County and Tidd Neuton and Leverington in Cambridgshire could not be preserved from damage except the said stream of Shoft neer Trokenhout were restrained to the bredth of four foot so that it might not run towards the Sea but by a Gutter in widenesse three foot and an half therefore it was concluded that the Towns before-mentioned should streighten the said Chanel according to the proportion of their lands in those Towns and likewise defend the hades of those Towns abutting upon the fen And a day was thereupon given them to make the same Chanel of that narrownesse viz. within the xv of
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
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
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
view and repair the Banks and Ditches throughout this whole Province of Holand In 37 E. 3. Will. de Huntingfeld Roger de Cobeldyk Matthew de Leeke and others had the like assignation for those in the VVapentake of Skirbok So also had the said William with Godefrey Fuljaumbe and others for those in the VVapentake of Kirketon And in 39 E. 3. Godefrey Fuljaumbe Simon Symeon Roger de Meres and others for those from Waynflete to Tydgote Upon a pleading in the same year the Town of Pinchebek was acquitted by the verdict of a Jury from the repair of the Marsh-bank called Ee dyke extending from Pinchebec by Escote to Donneshirne but the same Jury then found that the said Town of Pinchebek ought to repair that Bank from Donneshirne to Goderamscote And that the Abbot of Brunne and Town of Brunne ought to repair it from Goderamscote to Ectcote and that the said part thereof was then ruinous In 41 E. 3. was that memorable verdict touching the Custome of the Country that the Lords of Mannours adjoyning to the Sea should enjoy the land which is raised by silt and sand which the Tides do cast up VVhich verdict was in the behalf of the Abbot of Peterborough in respect of the Lordship of Gosberkirke whereof I have already taken notice In 43 E. 3. Iohn Duke of Lancaster Godefrey Fuljaumbe Thomas de Mapelton Parson of the Church of Frampton and others had Commission to view and repair the Banks Ditches c. throughout this whole Province of Holand and to proceed therein according to the Law and Custome of this Realm The like Commission and to proceed accordingly had Raphe Lord Basset of Drayton Roger de Kirketon Richard de Waterton Rich. Poutrell and others for all those betwixt Kelfeld and Bykersdyke So also in 48 E. 3. had Sir William de Huntingfeld Sir Iohn de Rocheford with Sir Iohn Crecy Knights and others for all those throughout the whole Province Upon a pleading in 49 E. 3. the Towns of Hokyngton and Gerwick could not gainsay but that they ought to repair and clense the one half of Gerwike hee on the North side unto the Cowstalls of the Abbot of Swinesheved called Herewik therefore command was given to the Shireeve to distrain them At the same time it was likewise found that the Towns of Wiberton Frampton and Kirkton and the West of Boston ought to repair and maintain the Edâ—kes from the Schust to Deynboth As also that the Towns of Swynesheved and Wyktofte ought to scour the Sewer called Swineshed hee from Candelby hill to Biker hee And that the Town of Tofte ought not to repair the Sewer called Hil dyke but that Iohn Duke of Lancaster and the Earl of Lincolne ought to clense it in consideration whereof they receive of every man that keepeth fire in his house within the VVapentake of Skirbek ii d. upon the Feast day of S. Martin And it was then also found that the Towns of Boston and Sbirbek ought to clense a certain Sewer from Hil dyke to Wythom stream in consideration whereof they had common in the marsh of Bolingbroke And that the Town of Flete could not deny but they ought to repair the Road-way in Flete called Spittle lake and also the bank called South hee in Flete which was then too low The next year following upon the like pleading the Inhabitants of Surflete acknowledged that they ought to repair a bridge in Surflete neer the house of Thomas Dod and clense the River of Burne every fourth year from Newesende in Pinchebec marsh which ought to be repaired by the Town of Pynchebec unto Surflet and from Surflet to the Sea according to a Decree made by the Justices of Sewers for those parts And the same year it was found by the Jurors upon a pleading also that the Inhabitants of the eight Hundreds of Holand ought to clense and repair the Ditch called the Old Ee betwixt the Marsh of Holand and the Marsh of Hekington on the West side of Babberboth and Hoggeboth of West crofte And moreover that they ought to repair and clense the Ditch from Babberboth in Hekington unto the Distrithe in Swynesheved marsh on each side And from the Ditch which is supposed by the presentment to be from Hoggesbothe of Westcrofte to the water of Wythome they said that the Inhabitants of those eight Hundreds ought not to repair and clense the same because there was no such Ditch there as the same presâ—ntment mentioned In 51 E. 3. Iohn King of Castile and Leon c. Roger de Kirketon Thomas de Hungerford and others were constituted Commissiones for the view and repair of the Banks Ditches and Sewers throughout this whole Province of Holand After this I have not seen any more Commissions of this kind for this Province till 6 H. 5. that Thomas Lord de la Warre Sir Robert Hagbeche Knight Nich. Dixon Clerk Iohn Belle of Boston with some others were appointed to view them and take order for their repair with direction to proceed therein according to the Law and Custome of this Realm The like Commission in 2 H. 6. had the said Thomas Lord de la Ware Robert Lord Wylughby Sir Raphe Cromwell and Sir Robert Roos Knights William Copuldyk Iohn Henege and others with the same directions as also power to take so many diggers and other labourers upon competent wagesâ— to assist therein as they should think râ—quisite in regard of the great necessity for expedition in the said work So also in 6 H. 6. had the Bishop of Lincolne Sir Thomas Roos Sir Robert Wylughby Sir Raphe Cromwell Sir Reginald West Sir Raphe Rochford and Sir Robert Roos Knights Nich. Dixon Clerk and others with authority to make Statutes and Ordinances proper for the safeguard of the Sea-coasts and Marshes according to the Laws and Customes of Romeney marsh And to determine all things therein according to the Custome of the said Romeney marsh As also to take such and so many Labourers upon great competent wages in respect of the necessity of expedition in the work as they should think fit to imploy therein In 10 H. 6. Iohn Hals Sir Henry Rocheford Knight Walt. Tailboys Esquire Richard Pynchebek Richard Benyngton and others were constituted Commissioners to view all the banks and Sewers of Crouland Spalding Weston and Multon and take order for their repair with the like power to make Laws and Ordinances as abovesaid And in 30 H. 6. Richard de Benyngton Thomas Kyme George Hetone and others had the like Commission for those banks and Sewers within the precints of the Lordship of Framptone viz. from Forsdyke unto the Rode neer Boston In 34 H. 6. there was a Session of Sewers held at Spaldyng upon the Wednesday before Palme-Sunday before Richard Benyngton and his fellow Justices where the Jurors presented that the Prior
of Crabhous with some lands belonging thereto all being then waste and in the nature of a Fen But afterwards the Inhabitants of that place and of divers other came and with drayning and banking won as much thereof by their industry as they could And that they might the more securely enjoy the same were contenâ— to be Tenants for it unto such great men of whom they held their other lands and upon this occasion by a common consent amongst themâ— was the old Podike first raised about the year MCCxxiij 7 H. 3. Nor was a great part of this Country any other than a Marsh about that time for by that Precept to the Shireeve of Norfolk for giving unto Hubert de Burgo then Justice of England the like possession thereof as he had in King Iohn's time when he went into Poictou for the serviâ—e of that King it was so called and bounded with the Towns of Wigenhale Welle Hagebeche Tilney and Tirington which I take to be little lesse than half Marshland all which was soon after restored to the Church of Ely as having a better interest to it than this great man But notwithstanding the said Bank called Podike so made as hath been said it seems that the Marshland men had no cleer title to the whole soil whereon it was erected Will. Bardolfe at that time Lord oi the Mannors of Stow Wimbotesham and Dounham Lordships lying on the other side of the Ouse chalenging some right therein for in 35 H. 3. they came to an agreement with him by a Fine levyed before the Justices itinerant at Norwich in the xv of S. Martin the principal parties to the said Fine being the then Bishop of Ely the Prior of Lewes the Abbots of Ramsey Dereham and S. Edmundsbuâ—y Thomas de Ingaldesthorp and Will. de Shouldham By which Fine the said Will. Bardolf quitted all his title in the whole Marsh called West fen through which the same bank extended unto the said Bishop Prior Abbots c. and their successors for ever And they to him and his heirs the before-specified old bank viz. Podike and an Cxx acres of marsh with the appurtenances lying in the said West fen within the same bank Northwards containing xij furlongs in bredth About three years after the Sea-banks of this Province wanting repair the Shireeve of Norfolk was required to distrain all those persons in the Lete of Clenchwarton and West Len who were Tenants of such lands as ought to repair those Banks in such sort as they had wont to be repaired for repelling the inundations of the Sea and fresh waters which Tenants to have afterwards allowance for the same from their Landlords What was then done therein I find not but within four years ensuing it appears that the Inhabitants of this Country had exceeding great losse by the breach both of the Sea-banks and those which should have kept off the fresh waters insomuch as the King being advertised thereof commanded the Shireeve of Norfolk that he should forthwith distrain all the Land-holders who might have benefit thereby to repair and maintain those Banks and Ditches according to the proportion of their said lands lying within the bounds of them And the next year following upon more damage hapning by a new inundation of the Sea through the breach of those Banks towards Wisbeche within the liberties of the Bishop of Ely having required the said Bishop to distrain all his Tenants within this Province of Mershland and elswhere within his said liberties who had defence and safeguard thereby according to the quantity of their lands lying within the said Banks to repair and maintain them as they ought and had used to do he sent his Precept to the Shireeâ—e of Cambridgshire thereby chardging him that after the said Bishop had so distrained his said Tenants as abovesaid he the said Shireeve should not dâ—liver any Cattel so taken by way of distresse without the Kings special command In 16 E. 1. Will. de Carleton and Will. de Middilton were constituted Commissioners to enquire of certain breaches in the Banks of Robert de Scales in the Hawe and Ilsington in this Province and to distrain all those who ought to repair them The like Commission had they the next year ensuing for the view and repair of the Banks in Tilney and Ilsington then broken by the raging of the Sea So also in 18 E. 1. had the said Will. de Carleton and Will. de Pageham for the banks called Pokediche Siwellediche Fendiche and Gildangordiche then broken by flouds in divers places In 21 E. 1. the Inhabitants of this Country made a grievous complaint to the King importing that whereas the bank called Pokediche was antiently made and had till that time been maintained by them for the safeguard and preservation of those parts against flouds of water certain Malefactors having a purpose to do them mischief had made a hole in the said bank and did by force and arms hinder those that would have stopt it by reason whereof aswell the tides from the Sea as the fresh watâ—rs overflowed the Pastures lying within the precincts thereof the said King therefore being very sensible of this great injury assigned Peter de Campania Thomas de Hacford and Adam de Shropham to enquire by the Oaths of honest and lawfull men of this County who they were that did make this breach and to hear and determine of that trespasse And the said King being informed that in case the fresh waters coming by Utwell could have their course to the Sea in such sort as that they might not mix with the waters running in Mershland this Country of Mershland by that severing of them would be much amended he commanded the said Commissioners that they should forthwith go to the Town of Utwelle and there take order that the said fresh waters so descending that way should have their due and antient course to the Sea as formerly so that this Country of Marshland might have it's Drayn to the Sea by the same out-fall The next year following the King directing his Commission to Simon de Elysworth and Thomas de Hageford to enquire touching the defects in repair of the Bank called Pokediche as also of other Banks and Sewers in this County the Jurats for the Hundred of Frethbrigge by virtue of the said Commission did upon their Oaths present that through the default of the Town of Wigenhale in making and repairing of their Ditches above the Podyke great losses had hapned in those dayes to these parts of Mershland so that the lands of divers men were drowned by the inundations both from the Sea and fresh waters And they also said that the said Pokedyke could not be sufficiently repaired before the Feast of the Nativity of S. Iohn Baptist for the safeguard thereof and of the Country in regard that certain men of Wigenhale had divers lands lying adjacent to the same Bâ—nk
had promoted a Bill in the Parliament then sitting wherein it was alleged that the course of the said River ought not to be made narrower under pretence that if it should not only the Port of the said Town of Lenne would be destroyed but the Counties of Cambridge Huntendon Northampton Bedford Buckingham Leycester UUarwick Derby and Suffolk would sustain much damage thereby and that the said Bill was maliciously made and without reason as it might be justly proved in case the said King would condescend that the Justices put in Authority for the preservation of the said Country would do their duty therein and proceed according to the Law and Custome of the Country considering the sudden mischief and destruction which might happen by one hours neglect the whole Country being in danger of irrecoverable drowning desiring that the said Justices might not be superseded but that they might proceed to reduce the same River into it's antient bounds and in such sort as it was before the boysterous flouds had carryed away the before-specified Banks and the Country so surrounded In 37 E. 3. Sir Saier de Rocheford Sir Robert de Causton Sir Hugh Lovet and Sir Raphe Rocheford Knights Thomas atte Lathe and others were appointed to view and repair the Banks Ditches and Sewers betwixt the Rivers of Wellestreme Wysebeche Welle and Wigenhale in this Province of Mershland with direction to proceed therein according to the Law and Custome of this Realm The like Commission had Rob. de Ufford Earl of Suffolk Robert de Thorpe and Iohn Knyvet for those Banks c. betwixt Lenne and Wygenhale So also in 51 E. 3. had Robert Howard Iohn Colevyle Raphe de Rocheford and others for all the Banks c. throughout this whole Province And in 1 R. 2. Roger Scales Robert Howard Iohn Colevill Raphe de Rocheford Reginald Hakebeche William de Petworth Clerk Hugh de Gandeby Clerk Iohn de Rochefort Iohn Mareschall and William Newehous It seems that there was nothing done upon that Petition exhibited to King Edward the third by the Inhabitants of Wygenhale and the other Towns therein mentioned for reducing the River into its antient bounds for I find that in 2 R. 2. they presented another to the then King importing the same in effect as the other did adding that the said water by reason of its extraordinary bredth after the Banks on the one side thereof were worn away had so great a power upon the Bank on the other side that all the Towns in those parts were frequently overflowed and the chardge in maintaining of the said Bank grown so great that they were not able longer to support it so that their Country was in much danger to be totally destroyed in case some fit remedie were not speedily used The said King therefore by the advice and assent of his Prelates and Nobles then assembled in Parliament constituted William de Ufford Earl of Suffolk Robert de Wilughby William de Wychingham and Iohn de Hawe his Justices to take view of those Banks and to enquire what remedy might be had therein whether by reducing the said stream into a narrower compasse or otherwise and if by making the course thereof narrower thenin what place to make new Banks for that purpose and in what manner and likewise to enquire through whose default those losses had thus hapned and who did hold any Lands Tenements Common of Pasture or Fishing in those parts or that had safeguard and benefit or losse or might any ways have either by the said stream aswell those that inhabited at a distance as those that lived neer unto it and to distrain them for the repair thereof according to the proportion of their Lands to be new measured by Acres if need were or by Carucates or quantity of Common of Pasture and Fishing By virtue of which Commission the Shireeve was required to impanell a Jury to enquire c. Which he did accordingly and attended the said Justices at Wigenhale on Saturday next after the Feast of the Apostles Peter and Paul where being sworn they presented as followeth viz. that the Banks on each side the before-specified River running up from the main Sea into the Countrey through the midst of the Towns of Clenchwarton Tilney Islington Wigenhall Watlington and Roungeton-Holme and farther even to Pokediche were through the extraordinary raging of the Sea so miserably broken and torn that the greater part of the Lands and Tenements in South Lenne Hardwick UUestwinche Secchithe magna and Secchithe parva was overflowed and destroyed And that there was no other remedy for the safeguard of those Towns and the parts adjacent against the fore-mentioned dangers but only the reducing of the said River within narrower bounds and other means following And they said that such a restraint thereof might well and conveniently be done for the safeguard before-mentioned in a certain place called Larkes hirne in South Lynne in this manner viz. that whereas the same River did in that place then contain in it self xl perches in bredth every perch being reckoned at xvi foot it ought of necessity to be restrained in that place on both sides for the safety of those Towns xxxiiij perches every perch being of the length abovesaid so that the bredth of the Chanel of the same River should be reduced to six perches And thence on the East side of the same River that a new Bank should be made directly to a certain other River called Secchithe and so to the House of the Friers Carmelites of South Lenne which River of Secchithe was then five perches wide as they presented but ought to be reduced to the bredth of one perch accounting the said perch at xvi foot long as aforesaid And they said that if such restraint of that River before-mentioned and a new Bank were not made all the Banks on each side the said stream betwixt the Town of Lynne and Pokediche would be totally ruined and consequently the said Country wholly destroyed And that all such straightning of the said Rivers ought to be made by the Land-holders in Clenchwarton Tylney Islington and Wigenhale and that for the same defence to be performed in form aforesaid they ought every one of them to give their assistance according to what each man held provided always that no Tenant or Commoner upon a certain place called Tylney Smethe and on another place called Marshland fenne should by reason of any Commodity had in either of those places contribute any thing thereto And they likewise said that all the owners of land from Larkyshyrne to the common way which leadeth from the Bridge at Wigenhale S. Germans unto the Bridge at Secchithe magna and from Hardwick house directly Southwards to the said Bridge at Secchithe in length and from Greâ—nediche which joyneth upon Hardwick dam Northwards and Gerys dam Southwards and from UUest Wynchegreene which joyneth upon Gerys dam Northwards in a place where
lane bridge and thence to the Smethe lode Bridges Holmes Bridge Borret bridge situate over the main Drayn Mayes Bridge upon the same Drayn Another Bridge at Small Droves end Walton THe old Drayn extending from Clynkhyrne on the North part and abutting upon Newland lane on the South end Another Drayn extending from Crosse-green by Halehyrne to a place called le Yates Wall at the foot of Walton Sea dike and thence to Gybson's bridge Another Drayn beginning at Gibson's bridge and thence to the Smethe lode Bridges Gybson's bridge Old fen dich bridge Terington THe common Drayn extending from Fawkesfield to Oxhow borde and from thence into the Smethe lode Another Drayn extending through the same Town unto the Smethe lode Bridges One Bridge over the common Drayn at St. Iohns lane end Another at the Old fen dich A third ruinous adjoyning to the common Sewer called the Smethe lode Tylney with the Hamlets THe More dich drayn beginning at Tungreen bridge and so going to Wyndbrigge Read's Drayn beginning at Rysgate and extending to the Common Sewer The Fen dich drayn beginning at the West end of Tylney drove and extending to Pollets gool Another Drayn beginning at the West end of Meeres greâ—n and so extending to Creydike from thence to Fryth dich gole and so into the main River Another Drayn coming out of Spellow field and so over Meyres green to Meyres green Drayn Another called Black dich lying from Terington to Islington Fen end Bridges Five Bridges upon Moredich drayn whereof two are in Sale yate a third called Tungreen bridge another called Moredich bridge and the fift at the end of the said Drayn Another Bridge at Rysegate Another adjoyning to the Common Sewer Another Bridge called Fen dich bridge Another Bridge called Pollets gool bridge Another called Poyse gole bridge Another called Meyres green bridge Another at Dodale fedham Another called Meyres dich bridge A Causey called Islington droves end lying between the Bridges of Islington and Wigenhall Wigenhall A Drayn that beginneth at Crow gool and extendeth to New land gate thence to Barnwell Cloyt thence to Cowstow pipe and so to Raynham gool Another called St. Peters dich leading from Islington bridge to West fen lode Another called the High fen dich leading from Cowstow to Pykers hyrne thence to Hel bottom and so into the main River Another called the Heddings beginning at Pykers hyrn and thence extending to Hel bottom Another called the Border extending from Wygenhall mere to Pykers hyrne Another lying from Wigenhall mere to Scales corner so forth to Newfield heddyng between the Spade gonge and Islington drove Another called Simons lode extending from a place called the Senston alias the Hook and thence to Symonslode gool Another called Crosse lode extending from the Hook to the main River Another called Iohn's lode extending from the said Hook unto Iohn's-lode gool Another called Bustard's lode which extendeth from the said Hook unto Buctard lode gool Another called Griggs lode extending from a place called the Lowe way to the Gool head at the main River Another Drayn coming from West fen dich to Griggs gool Another called Martin drayn Another called New dich beginning at the West part of the Common belonging to Stow Bardolf Wynbotesham and Downham and extending to the main River Another Drayn lying in Stow-Bardolf from a place called West head into the main River A Dike belonging to Dounham which extendeth from Dounham bridge unto the chardge of the C. Acres of Stow Bardolf lying at the new Powdich Bridges and Causeys Gillingore brigge A Causey called called Wigenhall mere extending from the old Pow dike to Black dich A certain Causey called Low side A Common Causey called Stow brinke extending from a place called Scapwere unto the Common gate Memorandum that the Ward dich called the Little Pow dich ought to be repaired by the Townships of Tylney with it's Hamlets Terington Walpole Walton UUalsoken and Emneth A note of the Chardges which do yearly belong to Marshland being but eight Towns INprimis in the High ways for Travellers there are xxv Bridges valued in their reparations yearly at Cl. Item there is in the other ways of the Countrey Lxxx Bridges and five Gooles without which the Country is neither habitable nor passable valued yearly for reparations at DCl Item there are two other Gooles very great ones with Drayns into the River of Ouse one called Knight's goole the other the New goole valued yearly for reparations at CCl. Item the Sea-Banks of the Countrey valued yearly for reparations at M Ml. Item the Pow dikes the one called the New Pow dike and the other the Old Pow dike which be defensive Banks against the fresh waters valued yearly for reparations at Cl. The total 3000l. CHAP. XLV HAving no more to say of Marshland I shall next take notice of the remainder of this Country lying Eastwards from the River Ouse and then of those parts of Suffolk wherein any improvement hath been made by Banking and Drayning In 55 H. 3. complaint being made that about seven hundred acres of Marish and other Lands belonging to William Bardolf and the Prior of Wyrmyngey lying in Wyrmyngey and Tokenhull were then overflowed more than formerly partly by inundations from the Sea and River of Secchehithe and partly by the making of Pools and otherwise so that the said Prior had received very much damage thereby And that there was a certain Causey lying in the proper soil of the said William overthwart the said Mannours which Causey was the Kings High-way to Lenne through the midst whereof a certain stream of water passed behind a Mill And that the said William and his Ancestors having permitted the people of the Country for their common benefit to raise the same Causey in the Winter season the said stream of water which had wont to have it's course through the midst of it as aforesaid was thereby so stopt that it overflowed all the lowgrounds therabouts the King therefore being desirous that there should be some remedy had therein granted a Commission to Iohn de Cokefeld to enquire the truth thereof and how and in what manner those Marish grounds might be drayned with the least damage to the Country In 5 E. 1. upon the like complaint that the course of the River at Wirmegay had been so obstructed by the frequent inundations of the Sea that two thousand Acres of Land Meadow and Pasture lying in the Marshes of Midleton and Wirmegeye were drowned the King assigned Raphe de Wyrham and Will. de Midleton to enquire thereof and how they might be so drained as aforesaid And in 22 E. 1. Peter de Campania and Adam de Shropham were constituted Commissioners for the view and repair of the Banks Ditches and Sewers of Middelton Rungetone and Sechithe then ruinous and in decay by reason of the Tides and flouds of fresh water Other general Commissions of the like nature were afterwards issued
said River viz. from the great Bridge of Wysebeche to Sozelsdyke and the New dike from Sozelsdike to Geyhirne and the Fen-dike from Geyhirne aforesaid to Pigges drove each man according to the proportion of his tenure as often as need should require And they moreover presented that the Landholders in Leveringtone did use time out of mind to repair maintain and new-make a certain Fen-bank in Leveringtone from Pigges drove Crosse unto the Clouse which is the division betwixt Leverington and Sutton each man according to the quantity of his land according to an antient Agistmentâ— Whereupon the said Commissioners did decree the same accordingly And they likewise presented that the Landholders in Leveringtone did use and ought time out of mind to repair maintain and new make a certain Bank called Shoffendyke extending it self from the said Clouse to Gore-dyke in Neuton each man according to the proportion of his holding Whereupon it was accordingly decreed And they also presented that the Landholders in Neutone used time out of mind and ought to repair maintain and new make a certain Bank called the Shoffendyke beginning at the Gore-dyke of Neutone and extending it self to Tyd-Threddyng each man according to the proportion of his tenure as often as need should require Whereupon it was decreed accordingly And they presented that all the Landholders in Tyd S. Giles did use time out of mind to repair maiâ—tain and new make a certain Bank called Shoffendyke extending it self from Tyd-Threddyng unto the Egryndes in Tyd S. Giles each man according to the proportion of his Land Whereupon it was decreed accordingly And they likewise presented that there had been time out of mind and also ought to be two Clows in Leverington one at Rotespipe aâ— the charge of all the Landholders from Newbrigge drove in Wisebeche unâ—o the See dyke and the other at Meysland at the costs and charges of all the Landholders from Sozel dyke in Wisebeche unto Newbrigge drove in the same Town And they presented that the Prior of Ely and Sir Thomas Tudenham Kt. ought and had wont to repair time out of mind one Crest in Tholymesse drove in Wisebeche beginning at the Fendyke and extending it self to Tolymers in the same Town four foot in height and eight foot in bredth And that the Landholders of Geyhirne field of Wisebeche time out of mind had used and ought to repair a certain Crest extending it self from Blakedyke unto Mariotts brigge in the same Town in height four foot and in bredth eight And that the said Landholders of Geyhirnefield did use also time out of mind to repair the Crest from Maryottisbrigge to Tolymers drove neer to the common Sewer on the West side four foot in height and eight foot in bredth And they said moreover that the Landholders of Geyhirne Crosse in Wisebeche unto Sozel dyke ought to make and repair one Crest upon Blake dyke from Geyhirne crosse to Sozel dyke aforesaid in height four foot and in bredth eight And that the Landholders in Geyhirnfield as also of the lands of Will. Cause in Tolymersfield in Wisebeche ought to make and repair one Crest from Mariottesdrove in Wisebeche unto Doddesbrigge in the same Town neer to the common Sewer on the North part in height four foot and in bredth eight And that all the Landholders in Rechey field ought to make and repair one Crest from the said Clow unto Belymylle brygge neer to the common Sewer on the East part in height four foot and in bredth eight And that Thomas Hyptoft and his Tenants ought to make and repair one Crest in Rat Rowe on the East side of the way called Tolymersdrove unto Rat Rowe brigge in height four foot and bredth eight And that the Tenants of Hugh Sozell's lands in Wille Lake and of the lands of Mundeforth felde ought to make and repair a Crest in Gamyl drove from Doddesbrygge to Blakedyke in height four foot and bredth eight And they likewise presented that all the Landholders of the xxx acres in the Town hende in Wisebeche ought to make a repair a certain Bank called Belymylle dike from Belymylle brigge unto the land late belonging to Will. Beteyns in height four foot and bredth eight And that the Landholders in Sayersfield in Wisebeche ought to make and repair one Crest in Waldysgate from Belymylle brigge to Robyns brigge in the same Town in height four foot and in bredth eight And that the Landholders in Briggefield in Wisebeche on the North side of the River abutting upon Bridgedrove Eastwards ought to make and repair one Crest in Briggedrove in Wisebeche in height four foot and in bredth eight And that all the landholders in Wisebeche ought to make and repair a Clow in the Sewer of Wisebeche at a certain Bridge in Neutone neer to Fytton Gole for to stop the water there when need should require And they also presented that whereas there were three Pipes newly made in a certain field called Smal medows in Wisebeche one by the Bishop of Ely and his Participants the second by the Lord by Coldham and his and the third by the Landholders on the South side of the River of Wisebeche they were made too big in bredth and contrary to the Presentment of the Jurors it was therefore decreed that they should be amended the said Commissioners therefore did ordain and decree that the Bishop of Ely and his successors Sir Thomas Todenham Knight Thomas Hyptoft Will. Caus and his heirs the Lord of Coldham and his Participants and all others before-mentioned and all the Landholders within the said Town of Wisebeche as aforesaid should for the future be charged to make repair and maintain all and singular the Banks c. specified in the said Presentment according to the proportion of what they held as often as need should require And for the better safeguard of the said Town of Wisebeche they moreover did ordain that the Bank called Wisebeche fen dike should be barred in certain places needfull to prevent Cattel from passing thereon and that hassocks should be gotten in the Fen and laid at the foot of the said Bank in several places where need required And that all the Landholders of Oldfield in Wisebeche abutting upon the Sewer of Coldham ought to stop the ends of their Ditches beginning at Tylyry lane unto Coldham pipe And the said Commissioners also decreed and ordained that all Kedylls Stamps Dams and other Engines in the River of Wisebeche whereby the water was in any sort straightned or stopped should be removed and taken away and that no man thenceforth should make any stamps dams Kedills or other Engines in the said River from Geyhirne to the Sea upon penalty of Cs. to be paid to the Bishop of Ely for the time being And that there should be a Guardian appointed for the safeguard of the Countrey to oversee open and shut the four Gotes of Wisebeche Leverington Neuton and Tyd S. Giles yearly at the
nor the Persians made use but held a guard there to keep off strangers Howbeit Alexander the great seeing the opportunity of place caused a City to be built there which bore his name the foundation whereof was laid with Brann instead of Chalk which was taken for a good omen Which City was seated as it were between two Seas having on the South the Lake Mareia or Mareotis But it had been an intolerable inconvenience to have dwelt in a dry Country so far from the River Nilus had not that discommodity been avoided by means of artificial Rivers Therefore that navigable Chanel was made from Canopus which became famous for the practise of Luxury Another navigable River was also made from the Haven on the Mid-land Sea to the said lake Mareotis This lake is filled from the River Nile by many Trenches as well from above that is out of the Lake Meris whereof I have spoken as on the sides of it by Trenches cut immediately from the Nile and having eight Islands in it containeth above an 150 furlongs in bredth and neer 300 in length being well inhabited round about and affording good Corn. By which Water-passages much more Commodities were brought to Alexandria than by Sea so as the Haven on the Lake side was richer than that on the Sea and more goods carryed from Alexandria to Italy than from Italy thither as plainly appeareth by the Vessels more or less fraughted which pass to and again from thence and from Puteoli Besides the wealth that is brought in at both Havens from the Lake and Sea the goodness of the air is not unworthy to be remembred it being occasioned by the water on both sides of the City and the seasonable rising of the River Nilus For whereas other Towns situate by Lakes have in the heat of Summer a gross and stifling air forasmuch as their banks being left muddy slimie exhalations are drawn up by the Sun which make the air unwholesome and occasion sicknesse here in the beginning of the Summer the Nile being full filleth the Lake leaving no part muddy to exhale any malignant vapour At which time the Etesian winds blow also from the North Sea so as the Alexandrians passe the Summer pleasantly And that the improvement made in Egypt by the drains and new Rivers after the building of Alexandria was very large appeareth by these following instances in several ages In the sacred Commentaries of the antient Priests there were numbred in Egypt Cities and Towns of note eighteen thousand Under Amasis the last King before the Persian Conquest there were twenty thousand Towns in Egypt inhabited And under Ptolomy the first above thirty thousand The Printed Copies of Diodorus have only 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 But that reading is faulty as appeareth by the preceding numbers and the testimony of Theocritus who was one of the seven Pleiades in the Court of Philadelphus the second Ptolomy in whose Territorie there were thirty three thousand three hundred thirty nine the improvement seeming then to be more compleat Howbeit in tract of time through great neglect these Trenches and Drayns by which the overflowing of the Nile so much inricht this Country were filled with mud But Augustus Caesar having reduced Egypt into the condition of a Province to the Roman Empire caused them to be scoured by his Souldiers which noble work did so much restore it to the fertility it formerly had and consequently increase the populousnesse thereof that the number of persons there inhabiting over and besides the Alexandrians were shortly after found to be no lesse than seven millions and five hundred thousand as the tribute mony paid by every head doth manifest And thus much for Egypt CAP. II. BABYLON I Am now come to that sometime famous City of Babylon situate in a low and flat Country Of which Sir Walter Rawleigh giving a reason why there is so little written of Belus who succeeded Nimrod the first Assyrian Monarch saith that it is thought he spent much of his time in disburthening the low Lands of Babylon and drying and making firm grounds of all those great Fens and over-flown Marshes which adjoyned to it How the parts hereabouts came thus to be surrounded let us hear what Pliny saith which is thus in effect The River Euphrates being cut into two parts stretcheth it's left arm into Mesopotamia by Seleucia the principal City in Syria and so into Tygris and it 's right arm to Babylon the chief City of Chaldea whence passing through the midst thereof it runneth into the Fens It is reported that this division of that River was made by Gobaris the Prefect lest otherwise by it's violent course it might have infested the City of Babylon but by the Assyrians it is called Naarmalcha which signifieth the Kingly River That the inundations from this River are occasioned upon the same reason as those of Nilus before spoken of we have not only the testimony of the before specified Author but of Strabo whose words are these Exundat enim Euphrates aestate sub ver incipiens c. Euphrates overfloweth in Summer beginning at the Spring time when the Snow in Armenia melteth so that the Fields must needs be overwhelmed with water◠unless that the flood be diverted by Trenches in such sort as they restrain the River Nilus in Egypt hereupon therefore is it that Chanels are digg'd c. That the Banks and Drains made by Belus did not fully accomplish that work of Drayning above mentioned or in case it did that after-ages through discontinuance of their repair were little the better for them appears by the relation of Herodotus who speaking of those two famous Queens of Babylon viz. Semiramis and Nitocris saith of Semiramis who reigned five ages before the other Haec per planitiem aggeres extruxit spectando dignos quum antehac flumen eam restagnare solitum id est She raised Banks throughout the whole Levell worthy of observation whereas before she did so it was wont to be drowned by the River And of Nitocris that being more active diligent than her Predecessour ante omnia Fluvium Euphratim c In the first place she diverted the stream of Euphrates into crooked Chanels which before ran in a straight course through the midst of the City levelling the Ditches above so that it might thrice flow into Arderica a certain village of Assyria and that those things which were conveyed by the Sea towards Babylon through the River Euphrates should thrice land at this village for three dayes together This she thus accomplisht And likewise upon the verge of the said River on each side she raised Banks for bignesse and height wonderful to behold Moreover far above the City and at some distance from the River she digg'd a Chanel for the Fen as deep as the water which was in bredth every way near three hundred and twenty furlongs And the
Earth digg'd out of it she brought to the Banks of the Riverâ— the brims whereof she strengthened with stones in such places where the weight of the said Banks did oppresse them These two works viz. the turning of the River into that winding posture and the making that Drayn she did first to the end that the said River by the many bendings thereof might glide more gently next that the passages of Ships towards Babylon might be crooked and lastly that by those Navigations the long Turnings of the Chanel might be sustained CAP. II. GREECE I Next come to those works of this kind as were performed by the Grecians whâ—reof I shall give instance in Thessalie and Acarnania The first of these is said to have been antiently a Lake being on every side inclosed with Mountains For on the East it hath the Hills Peleon and Ossa mutually joyning at their descent to the North Olympus to the West Pindas and to the South Othris The Valley betwixt these Hills is Thessalie Among other Rivers that flow into it these five are the chiefest Peneus Apidanus Onochonus Enipeus and Pamisus which running from the Hills incompassing this Country meet in the Plain and become one stream which at one passage and that but narrow issueth into the Sea from the confluence of these waters Peneus continueth the name It is reported that in old time when as yet there was no out-let these Rivers and the Lake Bebeis besides were not called as at present although they did run no less than now but running made all Thessalie a Sea The Thessalians themselves say that Neptune made that passage by which Peneus floweth into the Sea For the Greeks ascribe all beneficial inventions to their Gods And Herodotus taketh it to be the effect of an Earthquake But no man can deny it to be a very remarkable work of Drayning And that it is now a place of extraordinary pleasantness I shall refer my reader to the Map of Tempe in Ortelius his Parergon Of Acarnania this is observable that where Achelous a River of that Country runs into the Sea it hath already made continent one half of the Islands called Echinades and that the Fable goes that Hercules here encountring with Achelous who is said to have transformed himself into a Bull because of the roaring noise of the River broke off one of his Horns and gave it to Oeneus in pledge of his marriage with Deianeira his daughter They which collect truth out of Fables say that Hercules who was generally beneficial for Oeneus his Father in Law 's sake restrained the exorbitant overflowings of this River with Banks and Trenches and drayned a great part of the adjacent Country and that this was the Cornucopia which the Poets made to be the emblem of Plenty CAP. V. Of the ROMANS THAT the Roman works of this nature were not a few and those very eminent I shall next make manifest by their drains in the Pompeian Marshes the Fossa Mariana the improvements about Placentia and Gallia Cisalpina the restraint of the River Tiber in it's overflowings and the exsiccation of the great Fucine Lake in Italy Sect. 1. The Pompein Marshes In the year 593 when L. Anicius Gallus M. Cornelius Cethegus were Consuls the Senate being in Counsel concâ—rning the Provinces because there seemed not sufficient use against the Enemy for the ordinary forces of both the Consuls which are 4 Legions besides the Auxiliaries socii there was a motion made concerning the improvement of a great level of waste land lying under water about xl miles from Rome in Latium Which businesse was entertained with great approbation for like as it is esteemed a most high commondation for a private man to be called a good Husâ—andman by the Consuls So doth the Senate now think that they should deserve the praise of good Husbands for the commonwealth if in this opportunity of leisure they could gain such a quantity of rich Land to Italy which is the greatest part mountainous and barren Neither is this imployment thought too mean for the Legions though consisting of Free men For the Roman and Italian Infantry as well accustomed to the Spade and Basket as to the Sword and Buckler use to be their own Pioners in their dayly intrenchments Neither work they for their own safety only in time of danger but for the common good also in time of security The Consuls Ao. 566. had herein given a president who lest their Souldiers should be idle imployed them in making of High-wayes hereupon it was decreed that one Consul should attend the Enemy in Gallia and the other undertake the drayning of the Pompeine Marshes All the Country which lyes Eastward of Rome between the River Tiber and Campania is now united under the name of Latium and in it that place which lyeth towards the Sea beneath the row of Hills which reach from Belitre to Terracina is the largest It is denominate from Suessa Pometia antiently a rich City and metropolitan of the Volsi but now scarce extant The maritime parts of this Vale for a great extent are drowned not so much through any inundation of the Sea whose Tides are here but small as by reason the waters of Amasenus and Ufens the bigger River having not their passages sufficienttly open into the Sea diffuse themselvs over those spacious low grounds up towards Sulmo Setia This tract is therefore cal'd the Pomentin or Pomptin Fens having been in such manner surrounded beyond all memory For Homer describing the arival of Ulysses at the Circean promontory calls it an Island in regard of these waters on the one side and the Sea on the other The which Island sayes Theophrastus had about ten miles of circuit But in his time he wrote about twenty years after Appius had been Cenâ—or the Rivers by casting up earth had joyned it to the continent So as I do not perceive that hitherto either before the Romans were Lords of the soyl or since there had been any order taken for the winning of this ground from the Water But now by order of the Senate the Pomptin Fens are laid dry by Cornelius Cethegus the Consul to whom that Province fell and they are made good ground The Country people allured therefore with the richnesse of the soyl setled themselves here in such abundance that there was said to be not long after this time for I cannot understand it of any former three and twenty Towns in this place it being a land capable of many thousand Husâ—andmen But in after times whilst the state distracted with civil Faction neglâ—cted the maintenance of the Works the waters again by degrees gained upon the Land so as Iulius Caesar had an intention not only to have drayned the Fenns anew but to have brought the Appian way through them Whether Augusâ—us did any thing to them may be doubted for in Vespasians time they
late years by this active and ingenious people in their great and beneficial improvements the number of the Inhabitants so much increasing as that urgent necessity enforc'd them to make use of their utmost skill for the accomplishing somewhat as might be considerable in such a case This was by drayning of sundry Lakes whereof sixteen were most considerable all which was performed within the space of these last fifty years by certain Wind-mills devised and erected for that purpose The chiefest of which Lakes called the Beemster containing above eighteen hundred Acres made dry by the help of Lxx. of those Mills and walled about with a Bank of great strength and substance is now become a place of such profit and pleasure through the abundance of Cattel that are fed in it and the plantation therein otherwise made that it may not without desert be very justly called the most famous Garden of all that Province The other Lakes so drayned as I have said do lye about the Cities of Alcmare Horne and Purmerende and are vulgarly called de Schermere de Wâ—ert de Pucmer and de Wormer Which being drayned by the help of fewer Mills are now become not only most fruitful Pastures and little inferiour to the Beemster but have so inricht the adjoyning villages by the concourse of people to them that through the great emolumeÌ„t to the publick Treasury and the abundance of Cheese and Butter there made there seemeth to be a new Holland within the old That the performance of these eminent works required extraordinary knowledge and skill which antient times had not attained to and forein Nations now admire is not to be doubted the Engines of several kinds made use of in this businesse for raising up the water and casting it off being framed by men of singular judgements in Mathematical learning and suitable to the depth of the water or opportune conveying it away Neither have the attempts of these people by the like commendable enterprizes in South-Holland about the Cities of Leden Dort and Amsterdam had lesse successe there having been divers thousands of Acres formerly overwhelm'd with water made good and firm land within these few years by the help of these Engins as I have been credibly informed by that learned Gentleman Dr. Iohn de Laet of Leyden to whom I have been beholden for much that I have here said touching these improvements in Holland in such sort as I have expressed CAP. VII FRISELAND THis Country situate also very low and much subject to inundations from the Sea wanteth not the like advantages by Walls and Banks of earth for it 's better safeguard as that of Holland hath nor of lesse antiquity I presume But those elder times I shall passe by and take notice of that remarkable and famous work of this kind done by Gaspar Roblesius a Portugal Governour of this Province and Groningen under Philip the second K. of Spain About the year MDLxxvi this worthy person having driven out Entenius a Rebel and dispersed his Forces betaking himself to works and studies besitting a time of peace perfected that famous Sea-Bank by which Westergoos a part of that Territory was defended from the overflowing of the Ocean which for many Ages had by it's tides occasioned infinite damage to the Country thereby raising to his memory a lasting Monument of his fame For by his contrivance it was that the work was set upon and by his power that the people of themselves averse and slow to so publick and beneficial a work were compelled to come in man by man to raise this strong Bank as if it had been to quench a Fire In this alone it being a work of security to the Country and for his Honour which exceeded the renown of those that had been the preceding Governours of that Country under the Emâ—perour Charles the vth and the said King Philip to last saith my Author quamdiu natura rerum aut mari limes sit i. e. to the end of the world For this famous Sea-Bank being perfected Adrianus Vastartius and Iohannes Carolus went to Harling and erected a Monumental pillar of stone upon the shore there which should give bounds to the maritime and mediteranean Westergois and thenceforth avoid all future contention about the repairing that Sea-bank in the foundation of which pillar were laid twelve thousand Bricks the height of it being xx foot above the top of the said Sea-Bank and this Inscription towards the West Caspari à Robles Equiti domino de Billi c. Frisiae Groâ—ingae ejusque territorii ac adjacentium gubernatori quod hanc provinciam praeter arma consiliis munimentis juverit ac inter caetera aggere-ipsis Kal. Nov. MDLxx funditus everso amplissimi D. Viglii Zuichemi patris patriae auxiliaribus operis adhibitis Igramo ab Achelen Pr. Adriano vastaret Petro Frittema Ioanne Carolo senatoribus conciliorum sociis novum maris propugnaculum summo labore vigiliâ celeritate decretis quoque de suo persolutis diligentiae praemiis tribus plus minus mensibus à fundamentis erexerit ad summam manum perduxerit atque hunc lapidem sublatis controversiarum litibus terminum esse voluit gratus Provincialium ordo ob rem prudenter benè fideliter gestam de se ac de Republicâ optimè merito In this Province likewise and in Groningen which adjoyneth thereto divers Lakes have also been drayned of late years which are now become most fruitful Pastures Amongst which the most notable was a certain Fenny tract which in the Dutch Language they called de Wilde Weemh which at the costs of divers Merchants of Amsterdam is become such rich meadow ground that within these six or seven years last past about the number of ten thousand people went thither to plant themselves who do now live there very happily CAP. VIII ZELANDâ— IN Aº MDxxxvi the new Haven of Middleburg in the Island of Walcren passing in a straight line from the Town unto the Bank of the Island where it falls into the Sea was finished Before this their Haven was neer unto the salt Marshes to Armuyden having a crooked course unto the Town and there very discommodious And in Aº MDxlvii Adolph of Burgundy Seignior of Chapelle and Wackene Ierosme Sandelin Seiâ—nior of Herentont Receiver of Bewesterscheldt in Zeeland and some private Gentlemen did recover and wall in about Sheerenskerke and Henkepsandt in the Country of Zuydbeveclandt otherwise called the Isle of Ter Goes the old inclosure or Poidor which is a land won from the Sea the which before the inundation was usually called Zeeshuys so as it remained a long time unprofitable but since it's recovery they call it Cray at this present a most fertile Country It would require a Volume to give instance of the sundry works of this nature in these low Countries by Banks Ditches and Sluces Nor have they been lesse active in Brabant as it should seem For in the opinion
shall so require the charge to be raised in manner following viz. That all and singular persons having lands lyable to the danger whether situate neer or far off forasmuch as they have preservation by those Banks and Water-gangs they shall contribute for the quantity of their Lands and Tenements either by number of Acres or Carucates according to the proportion of what they hold so that to no Tenant of these Lands or Tenements be he rich or poor or of what order state dignity or condition soever either within Liberties or without any favour shall be shewed in this matter 4. That in every place for the levying of the said costs and chardges and faithfully laying it out upon the said Banks and Water-gangs two lawful persons out of the said sworn men to be assigned who together with the Bayliffs of the Liberties or Lords of the Fee shall make distresses for the same 5. And when the before-specified Banks shall be according to the Ordinance of the Iurats so repaired at the common chardges that there shall be assigned to every man his peculiar portion of the Bank by certain places and bounds to be sustained at his own proper costs according to the quantity of his Tenement and number of Acres subject to that danger so that it may â—e known where and by what places and to what portion every man is so obliged to make defence 6. And if any shall be negligent in paying their portions of the said contribution at the day appointed by the Iurats for that purpose or in his portion for repair of the Banks that he be distrained by his goods and Catalls wheresoever they should be found within Liberties or without till he have contributed his share and paid his chardge of the said Banks with double costs Which double to be reserved for the common benefit of the like repairs in those parts 7. And that those distresses shall be made by the Collectors of the said costs together with the Bayliffs of the Liberties or Lords of the Fee And being so made to â—e kept for the space of three dayes at the most if they upon whom they shall be made be stubborn or negligent for so longtime and then forthwith sold in respect of the perillous rage of the Sea imminent 8. And if aswell the Collectors as Tenants shall be found negligent in performing the premisses that then every Lord of the Fee within the compasse of his Fee shall cause the said Banks and Water-gangs to be repaired at his own proper chardge and the costs that he shall be at therein together with the double thereof he shall cause to be levyed upon the goods and Catalls of those that are negligent for his own use 9. And that no Shireeve of Kent for the time being or his Bayliff or Officer shall take any distresse touching the Banks and Water-gangs in any Marshes nor thenceforth meddle at all neither with the distresses taken by the Lords of the Fees Bayliffs of Liberties or Collectors of the costs or contributions to the said Banks and Water-gangs nor distrain them by Writ of Replevin nor deliver them by surety or pledge any manner of way 10. And it was also ordained and concluded that if the Iurats so chosen for the custody of the Banks and Water-gangs whether they shall be of this Marsh of Romenale or of other maritime Lands do refuse to come at the Summons of their Bayliffs for the necessary repair of the said Banks and Water-gangs they shall for that their negligence be punished by their Bayliffs as in this Marsh of Romenhale they had been heretofore accustomed 11. And that the Collectors also of the costs bestowed in repair and support of the Banks and Water-gangs after the said repairs are perfected shall forthwith make their accompt before the Iurats and Bayliff of that Country aswell within the Marsh of Romenhale as without of all monies assessed and levyed for the before-specified repairs as also for the double whensoever it may fortune to be levyed And if they shall not so do then to be distrained by the Bayliffs of the Country or place to make accompt thereupon Saving alwayes to the chief Lords of the Fees their right which they have and hitherto had wont to have touching the defence of their Lands according to their feoffments of levying the double according to antient custome used as it is contained in the Ordinace of the said Henry de Bathe In testimony whereof Sir Walter de Ripple and Sir William de Haute Knights Adam Wastechar William Wasteâ—har William le Ros Guy de Trulegh Iohn Amfrey Peter de Maryns Thomas le Reade Thomas Elys Hugh de Suthlonde Richard Ion William Collol Henry de Bettesangre Iordan Collol Iohn atte Ware Hamon atte Porte Iohn Sprott Iacob de Pastre Iohn de Mossederme Henry Kenet Thomas le Frensse Henry Woodman and William de Mereworth did put to their Seals That the Ordinance of the said Henry de Bathe for preserving this Marsh as it was in no mean esteem we see by all those of the Country whom it immediately concerned so had it a high regard with the succeeding Kings of this Realm as by their Confirmations thereof of which I shall in due place take notice will appear The first of which Confirmations was made by King Edward the second whose Charter for that purpose beareth date at Westminster the xxiijth of November 7 E. 2. In which he first makes mention of his Grand-father K. Henry the 3ds Patent in 36º of his reign whereby he declareth his Royal pleasure that no Shireeve of Kent shall intermeddle with such distresses as should be taken for the repair of the Banks and Water-gangs of this Marsh. And next in that of 42º which expresseth the occasion of his sending Hen. de Bathe his Justice into those parts and at large reciteth the said Ordinance thereupon then made by the said Henry And then concludeth thus Nos attendentes quod impetus maris in partibus illis plus solito jam accrevit c. i. e. We therefore taking into consideration that the violence of the Sea in those parts is grown greater than it had wont to be by reason whereof it 's necessary that a more diligent regard should be had for the reparation of the said Banks Forasmuch as by a breach in them though but small should it happen as God forbid an inestimable and inrecoverable losse must needs accrue to us and the men of the said Marsh. Purposing therefore to make prevention of such damage and peril and to provide for the safeguard of those parts aswell for our own benefit as the commodity of the said Marsh-men as we are obliged to do we do for us and our heirs as much as in us lyes ratifie and confirm all and singular the things in the said Letters Patents of our said Grand-father and the before-specified Ordinance contained Willing and commanding that no Shireeve of Kent or any of his Bayliffs
Commonalty And in like manner at either of the said principal and general Lasts there should be yearly made an Accompt of the Bayliffs aforesaid before the said Lords of the Fees or their Attornies if they would be present thereat and before those of the Iurats and Commonalty as would also be there present viz. of those things whereof it should happen or concern the said Bayliffs to make Accompt that is to say to be made by Indentures betwixt them the said Bayliffs and the said Iurats Commonality The Oath of the xxiiij Jurats It was likewise decreed and ordained that every one of the said xxiiij Iurats to be elected in form aforesaid should swear that he together with his Fellows would make right Iudgements Decrees and Awards not favouring any rich or poor aswell for making distresses and assessing of Taxes as of the Banks Land waters Water-courses Sewers Ditches Gutters and Bridges to be made repaired and maintained or taken away and of all other impediments whatsoever within those limits which should happen to be removed and for punishing offenders And it was farther ordained that the said xxiiij Iurats should make exercise and perform and have full power and authority in making exercising and performing all and singular the things specified in the said Oath to be by them done exercised and performed That the xxiiij Jurats be observant to the Bayliff Also it was decreed and ordained that the said Iurats or three or two of them should attend the Bayliffs for the valuing and selling in places accustomed or that should be thereafter assigned for that purpose the distresses taken and impounded for three dayes at the most and that they should cause to be enrouled all Iudgements Decrees and Awards by them made and cause Indentures thereupon to be made betwixt themselves and the said Bayliffs for the time being The Oath of the Collectors and Expenditors It was also decreed and ordained that the Collectors and Expenditors to be chosen as aforesaid should swear that they would faithfully levy collect expend and Account in form aforesaid for all Taxes assessed or to be assessed before the said Lords of the Fees and by the said Bayliffs and ten or eight at the least of the Iurats aforesaid according to their Ordinance And the like observance to be made in all Sewers within the before-specified limits except before excepted before the Lords of the Fees touching every such Sewer if they would be present thereat And it was ordained and decreed that the said Collectors and Expenditors should make exercise and perform and have full authority and power of making exercising and performing all and singular the things specified in this Oath to be done exercised and performed The Oath of the Bayliffs and executions to be made by them It was also decreed and ordained that the said Bayliffs chosen or to be chosen as aforesaid should swear to make faithfull execution of the Iudgements and Determinations of the said xxiiij Iurats ten or eight of them and of those things which did or should belong to them to judge determine and award And that the said Bayliffs in their proper persons should chardge all the Collectors aswell of the general Assessment as of the several as aforesaid upon their Oaths that they should faithfully levy collect expend and accompt for the same And that the same Bayliffs in their proper persons should take view of all the Banks Water-gangs Sewers Gutters and Bridges within the before-specified limits except before excepted as often as need required at least twice in the year viz. once in the moneth of January and again in the moneth of May. And that they at the going out of their Office should deliver unto their successors all the evidences in their custody that is to say the Charters of the Kings of England if they had any such in their hands the Ordinances and Statutes of the Lands and Marshes within those limits before-specified except before excepted the Copies or Exscripts of the said Statutes and Ordinances the Roules of Iudgements Considerations Decrees and Awards of the said xxiiij Iurats ten or eight of them and the Rents with all the processe of Accompts of the Bayliffs Collectors and Expenditors whatsoever had in their time And it was also decreed and ordained that the same Bayliffs should do exercise and perform and have full power and authority of doing exercising and performing all and singular the things specified in this Oath which were for them to be done exercised or performed That Damms or Fords be not made It was likewise decreed and ordained that it should not be lawful to any one for the future in the said Lands and Marshes within the limits aforesaid except before excepted to make Dams or other impediments in any Lands or Land-eas Water-gangs Ditches or common Gutters there whereby the common course of the waters might in any sort be hindered or any publick damage grow there and if any such thing were done and the same witnessed by the said Bayliffs and six of the said xxiiij Iurats the party delinquent be amerc'd and the amerciament levyed by the said Bayliffs to the common profit aforesaid And moreover if any other than the Commonalty of those Lands and Marshes within the said limits except before excepted did receive prejudice therein he should make satisfaction to the party wronged at the discretion of the said Bayliff and six Iurats aforesaid That the Taxes Assessed be proclamed It was also decreed and ordained that every Tax assessed in the said lands and Mar within those limits except before excepted be publickly proclamed in certain places there and that the dayes and place of payment be thereupon assigned and proclamed to the end that ignorance may excuse none when and where within the precincts aforesaid those Taxes ought so to be paid The buying of Acres It was also decreed and ordained that every Acre in the said Lands and Marshes within the limits aforesaid except before excepted being necessary for the Banks in-Ditches and Water-gangs to be therein made should be bought for xls. and measured by a rod of twenty foot And that if before that present Friday any Bank called a See Wall should be raised within those Lands and Marshes except before excepted upon or of any mans land there or that any Forland or in-ditch should be made for the defence and safeguard of the said Lands and Marshes except before excepted from the peril of the Sea and that it were fit or expedient that the said Bank Forland or in-ditch for this defence and safeguard to be longer maintained and kept so that the Land-holdeâ— upon whose ground that Bank was raised or where the said Forland or in-ditch were made could not occupy the said Land and receive his peculiar profit thereof and that such Tenant had never any satisfaction for the said Land it was decreed and ordained by the consent abovesaid that the same Bank Forland and in-ditch should be raised and kept
de Brumpton held xiij Acres thereof Walter le Rooke two Acres c. And being asked if the said Prioresse held any part of the said Marsh in demesne or not they answered that she did not excepting a certain Rent of xiiijs. which she received of her said Tenants in the same Marsh over and above the service due and accustomed unto Sir Iohn de Handlo chief Lord of the Fee And because it was found by the said Jurors that at such time as the said Iohn de Covele held those Tenements in that Marsh he then held them wholly chardged with the repair of the said bank c. And that though by the alienation which he made of the same Bank together with the said Hope he only chardged them with the repair of the said Bank as aforesaid by reason whereof forasmuch as the said Hope was then gone the same Bank lay so unrepaired and became dangerous of necessity and according to the assize of the said Marsh recourse ought to be to all the said Tenements formerly and of antient time as aforesaid chardged therewith and to lay a new chardge upon them for that repair therefore it was decreed that all the said Tenements which formerly did belong to the said Iohn de Covele within that Marsh to whose hands soever they had come should be retained and chardged for the future to the making repairing and maintaining thereof And that all and singular the Tenants of the said Lands for the time being as also all others who were to have any benefit of them should be assessed for the repair of whatsoever defects should afterwards happen in the said Bank as often as need required viz. every Tenant or person receiving such benefit according to the proportion of his holding for ever And that the said Prioresse should not thenceforth be distrained and compelled to any repair thereof or contribution thereto above the rate of her due proportion of what she held And that these and all other the Banks in this County might be the better preserved for the future several Commissions were frequently issued out to sundry persons of note in these parts viz. in 12 E. 3. to Iohn de Brianzon Henry Gernet Humfrey de Northwode Benedict de Ditton Will. de Tendring and Richard de Henham In 15 E. 3. to Will. de Wauton Henry Garnet Henry Darcy Will. de Treye Benedict de Ditton and William de Tendring In 19 E. 3. to Richard de Kelleshull Henry D'arcy Will. de Tey and Benedict de Ditton and in 24 E. 3. to Richard de Kelleshull Thomas Tirell Iohn de Bergholt and Iohn Samkyn of Berkyng In 26 E. 3. upon a sute touching the clensing of the River betwixt Haveryng and Reynham the Jurors found that the Prior of S. Iohns of Jerusalem ought to do one half thereof which was then choakt up to the midst of the stream towards the Land of the said Prior in Reynham only And that every Tenant on that side towards Haveryng should do the like for that towards their own Land In 27 E. 3. Iohn de Staunton Henry Darcy Thomas Yonge Iohn de Rokewode William de Rokeswelle Will. de Horneby and Iohn de Tendring were appointed to view and repair the Banks c. betwixt Berking and Est-Tilbury In 29 E. 3. upon several breaches in the Banks within the Hundred of Dansey through the violence of the tides Iohn de Coggeshale Iohn de Newport Simon de Ogremount and Iohn Gamen of Tyllingham were constituted Commissioners for their repair By which Commission to take so many labourers as should be needful for that businesse aswell of those as had been before imployed therein as others born within Liberties and without where they should see fit the Fee of the Church excepted and to settle them in the work as also to arrest and imprison all such as they should find refractory therein till the said King should think fit to dispose of them otherwise In 30 E. 3. Iohn de Haveryng Henry Darcy Thomas Yonge Iohn de Rokewode and others were assigned in like sort for those betwixt Berkyng and Est-Tilbury So also in 32 E. 3. were Iohn de Haveryng Iohn de Bolyngton and others In this 32 year of E. 3. it was by the Jurors at Stratford-Langthorne presented that the Tenants of Haveryng had suffered the Chanel betwixt the said Lordship of Haveryng and the Lordship of Reynham to be so stopped up as that the stream which ought to passe that way was so much hindred thereby that it almost drowned the Pastures of the Commonalty of Havering lying neer that Chanell to the great damage of the said Commonalty which Chanel every Tenant on Havering side ought to clense towards his own Land The Shireeve therefore was commanded to summon the said men of Haveryng to answer thereto Who appeared accordingly in the Kings bench at Westminster on the Octaves of S. Hillarie viz. the master of the House of Hornchirche Iohn atte Dâ—une c. And being required to say what they could for themselves why each of them ought not to repair and scour the said Chanel on Haveryng side towards their own Land as it was presented the said Master and the rest said that neither they nor any of their Predecessors or Ancestors Tenants of the lands aforesaid did ever scour or repair the same nor of right ought so to do and thereof they did put themrelves for tryall upon the Country And Simon de Kegworth then the Kings Attorney said that they the said men and Tenants ought to repair and clense the same Chanel as it was before presented and this he offered to prove on the said King's behalf by the Country Whereunto the said Tenants assenting the Jurors were brought and upon their Oaths said that the said Master and others ought of right to repair and clense the said Chanel towards Haveryng against their own land as it was before presented Therefore it was adjudged that they should be distrained so to do c. After this about two years the like Presentment was made against the Prior of the Hospital of S. Iohn of Ierusalem and Sir Iohn de Staunton Knight viz. that they had injuriously suffered the said River betwixt Haveryng and Reynham to be choakt up so that the course of the water which had wont to passe through that Chanel did by the said obstruction drown the Pastures of the Commonalty of Haveryng which lay neer the same River Which Iohn being dead after that presentment so made it was decreed that his heirs should be distrained But it being proved that his wife then held those his Lands and that she gainsaid not but that she was ready to clense the one moytie of the said Chanel to the mid stream on her own side and likewise that the Tenants of Havering ought to clense the other moytie on their side the said Prior was dismist In 36 E. 3. Sir Iohn
also informed that the Tenants of the other lands were not able to undergo those repairs by reason of the great expence which would be requisite thereto Taking care therefore of his own indempnity and the preservation of those Marshes he directed his Precept to Thomas Alard Guardian of his lands of that Marsh commanding him that he should for the present occasion cause an equal contribution to be made out of those his lands according to a just and proportionable Tax with the said other Land holders lest for want thereof a greater losse might afterwards happen for which he the said Thomas was to receive allowance out of the Exchequer But after this the very next ensuing year upon an Inquisition taken by Rob. de Septem Vannis Will. de Hastyngs and Robert Paulyn whom the King had assigned to take view of the Banks and Ditches in this County and to cause them to be repaired which was returned into the Chancery it was found that the said Marsh of Winchelse could not be defended and preserved by the old wall situate towards the East and that if it ought to be defended it would be necessary to have a certain new Bank there of the length of CCCL Perches and that the said new Bank could not be made by those who according to the antient composition before-mentioned had wont to repair that old bank forasmuch as they who were in that sort lyable to the repair of the said old bank were not able in regard of the diminution of their lands to bear the whole chardge thereof themselves He therefore directed another Precept unto the said Thomas Alard requiring him to take care that such contribution should be made thereto out of his own lands and the lands of others as is above exprest And hereupon the said King issued out a Commission to the said Robert William and Robert to see that the contribution which the said King's Bayliff was to make therein should be well and also faithfully assessed A multitude of other Commissions were afterwards granted to sundry persons for to take care of the banks in the other Marshes of this County viz. in 1 E. 2. to Iohn Malemeyns Lucas atte Gate and Robert Paulyn fâ—â— those in Pevenese marsh In 2 E. 2. to Will. de Echingham Henry de Wardeden and Iohn Fylol for those in the Marshes of Wylting And the same year to Robert de Clyderhoâ— and Iohn Fillol for all the Marshes in this County In 3 E. 2. to the said William Henry and Iohn for those in the Marshes of Fothie and Wyltyng And the same year to Robert de Clyderhou Iohn Fyliol and Iohn de Brydeney for those in Pevensey marsh In 4 E. 2. to Robert de Passelâ—y Henry de Wardeden and Iohn Filliol for those Banks in the parts of Tillingham by which the Marshes of Tillingham and Est-Wytenham were wont to be defended both from the overflowing of the fresh and salt waters In 5 E. 2. to Henry de Wardeden and Iohn Fillol for those in the parts of Northie and Lullingtone In 7 E. 2. to Iohn Heringod Iohn Filol Will. de Sneylham for all those upon the Sea-coasts throughout this County And so also the same year to Andrew Peverell Will. de Northo Iohn Filiol and Will. de Snaytham In 8 E. 2. to Iohn Heryngaud Iohn Filiol and Iohn de la More for those in the Marsh of Filesham Boxle Wyltyng and Crawherst In 9 E. 2. to Edm. Passheleye Stephan Alard of Wynchelse and Mathew de Knolle for those in the parts of Tillingham before-mentioned In 10 E. 2. to Will. de Echyngham Andrew Peverell Iohn Filiol and Will. de Sneylham for all those upon the Sea-coasts throughout this County The like Commission had Will. de Echyngham Iohn de Ifeld William de Northo and William de Snaylham in the same year In 13 E. 2. to Henry Beaufiz Iohn de Bergham and Iohn Dalingrugge for those in the parts of Pevenesey and Hastings So also the same year to the said Henry Andrew Lutterell and Iohn Dalingrugge In the tenth year of Edward 2. the said King at the request of Robert de Sapy in consideration of his good and faithfull service granted by Charter unto the said Robert and Aliva his wife liberty to inclose as much of Pevenese marsh as was then overflowed and in the occupation of no man and to hold it of the said King and his heirs during their two lives for a pair of gilt Spurs to be paid into the said Kings Exchequer every year upon the Feast day of S. Iohn Baptist. But forasmuch as the said Robert and Aliva did take no benefit of that grant but delivered in their said Charter into the Chancery to be cancelled the King by his Precept dated at Westminster 13 August in the 15th year of his reign commanded the Barons of his said Exchequer to supersede their demand of the said Spurs In 16 E. 2. Edmund de Passele Will. de Northo and Will. de Robertsbrigge were appointed to view and take order for repair of the banks c. at Wortling and Pevenese and elswhere in this County In 18 E. 2. Giles de Briaunzon Iohn Filol Will. de Robertsbrigge and Iohn de Dalingrigge had the like appointment for those in the parts of Pevense and Hastings In 5 E. 3. Will. de Robertsbrigge Robert de Sharden and Thomas de Wyvill had the like for those in the Rape of Hastings So also in 6 E. 3. had Thomas de Faversham Richard de Grosherst and Robert de Bataille for those in North-mershe neer Rye and Spadelond mersh betwixt Wynchelse and Damse wall The like in 8 E. 3. had Thomas de Faversham Will. de Robertsbrigge and Gosceline de Gatele About two years afterwards the King directing his precept to Will. de Robertsbrigge Robert de Shardenne and Robert Bataille wherein he recited that whereas he had assigned them the said William Robert and Robert or any two of them to view the Banks and Water-gangs in the marsh called Northmershs neer Rye and in the marsh of Spadelond betwixt Wynchelse and Daunswall and in other Marshes adjoyning and to enquire by the Oaths aswell of Knights as others through whose neglect the defaults in those Marshes had hapned And that whereas by Inquisition taken by the said William Robert and Robert it was amongst other things found that there were Cxxviij acres of land in the said marsh which did belong to the King's Mannour of Ihamme and that the said King's Bondmen there held of him xxx acres of land called Spadelond in the said Marsh as also that the said King's lands and the lands of others could not be preserved except a contribution were made out of them for necessary chardges tending to such their safeguard And that they the said Commissioners had forborn to
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
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
virtue of the Agreement abovesaid did build and plant a Town called Sandtoft with a Church therein placing a Minister there whereunto resorted above two hundred Families of French and Walloon Protestants fled out of their native Country for fear of the Inquisition only to enjoy the free exercise of their Religion here who erected and planted above two hundred habitations for Husbandry and plowed and tilled much of the said twenty four thousand and five hundred Acres of land to the great benefit of the Common wealth All which they enjoyed till about the Month of Iune in the year 1642 that some of the Inhabitants thereabouts pretending they had right of Common said they were not bound by the before-specified Decree and therefore taking advantage of the present distractions for then it was that the Parliament began to raise a powerful Army for the safety of the King's person defence of both Houses of Parliament and of those who had obeyed their Orders and commands and preserving the true Religion Laws Liberties and peace of the Kingdome as their votes and Remonstrances did set forth a vast proportion of money and plate being brought in by the Citizens of London and others for that purpose the King being at that time at Yorke with some slendâ—r guards which they voted to be a levying of warr against his Parliament they arose in tumults brake down the fences and inclosures of four thousand Acres destroyed all the Corn growing and demolished the Houses built thereon And about the beginning of February ensuing they pulled up the Floud-gates of Snow Sewer which by letting in the tides from the River of Trent soon drowned a great part of Hatfield Chase divers persons standing there with Muskets and saying that there they would stay till the whole levell were drowned and the Inhabitants forced to swim away like Ducks and so continued guarding the said Sluse for the space of seven weeks together letting in the tides at evâ—ry full water and keeping the Sluse shut at an ebb And about that time likewise some of the Inhabitants of Miâ—â—erton pulled down another Sluse neer that Town which occasioned the River of Trent to break down the Banks and overflow the whole levell so that the Barns and Stacks of Coâ—n were drowned a yard high at the least And thinking this not to be mischief enough the Inhabitants of the Isle of Axholme did about Michaelmasse in the year 1645 tumultuously throw down a great part of the Banks and filled up the Ditches putting in Cattel into the Corn and Pastures of those that had been Adventurers for the drayning Whereupon the said Participants in this great and costly work by their humble Petition exhibited to the Parliament in December following presented that after the expence of at least two hundred thousand pounds in those works the Tenants of the Mannour of Epworth notwithstanding their consents to that Decree before-specified which had been passed in the Exchequeâ— for settlement of what had been agreed on and set out of that Mannour for the said Participanâ—s and their Tenants had in a tumultuous manner thrown down and laid waste a proportion of at least 74000 Acres of land and destroyed a great quantity of Rape and Corn growing by forcible keeping and depasturing their Cattel thereon as also demolished very many Houses burnt others cut and burned the Plows beat and wounded those that were Plowing or resisted them in any of those their outragious acts and then threatned the drowning of the whole by cuttng of the Banks and misusage of the Sluses and moreover that they resisted the said Pâ—rticipants in levying taxes for the repair of the works to the great damage of the Common wealth in general and scandal to the Justice thereof in case these things should not be restrained and the offenders to be punished For preventing therefore of the like mischiefs and preservation of the peace of the Country it was then ordered by the Lords in Parliament that the Shireeve of the said County of Lincolne and Justices of peace there should upon complaint made to them therein punctually pursue the Statutes made in 13 H. 4. for suppressing of Riots and Routs and call to their assistance if need required the Trained bands of the said County and the Parliaments forces next adjoyning to be aiding and assisting to the said Participants in guarding and keeping these Sluses and Sewers and in repairing what had been so demolished and in levying the Taxes legally imposed tending to the preservation of so good and beneficial a work to the common wealth And for the setling of this businesse they farther ordered that the Shireeve of the County of Lincolne for the time being should upon request to him made by the said Participants appoint such a Deputy within the limits of the same levell for the sudden aiding and assisting of them when need should require as they from time to time did desire And that this Order should be forthwith published in the several Parish-Churches and Market-Towns of this County Which course being thus taken for restraint of those their tumultuous and riotous practices seven of the Inhabitants of the said Mannour of Epworth brought their actions at Law against the said Participants for recovering of what had been so formerly setled by the before specified Decree with their own consents Whereupon the said Participants exhibiting their Bill in the Exchequer Chamber for establishing their possession against those seven obtained this Order viz. that the Kings Solicitor general should proceed upon the same in that Court with all convenient speed and in the mean time the possessâ—ion of the lands in question to be held in quiet by the Plantiffs as it had been formerly setled by the said Court and enjoyed at any time since the said Decree made and likewise that their sutes at Law should be stayed by the Injunction of the same Court untill the hearing of the cause or that the Court gave farther order therein Upon which Injunction the Shireeve had a Writ of assistance and came with near a hundred persons to quiet the possession and set up the Banks of those 4000 Acres first laid waste But one Daniell Noddel Solicitor for the before-mentioned Inhabitants hearing of the said Shireeve's coming got together about four hundred men and forced him with all his assistants to flie and having so done demolished what he the said Shireeve had before caused to be set up The Participants therefore being thus forcibly kept out of possession brought their Bill to hearing which the said Noddel discerning he drew in to his aid Lieutenant Colonell Iohn Lilburne a person of a most turbulent Spirit and who since dyed a Quaker and Major Iohn Wildeman and whilst the cause was hearing joyned with the said Inhabitants in a farther Riot on the remaining 3400 Acres which till then had been kept up impounding the Tenants Cattel and refusing to admit of Replevins and so forced them to what rates
therein to the said Commissioners at Sleford And about two years after this there was a Presentment made in the Court of Kings Bench that the Chanel of this Rivâ—r in Wildemore neer Coningesby was bending and defective betwixt the said River and a Sewer called Muardyke in Coningesby so that the Marshes of Wildemore and Bolingbroke were overflowed and drowned thereby and that this was through the default of the said Town of Coningesby who ought to repair the same In 1 R 2. William de Skipwithâ— Raphe de Threske William Vincent and William de Candelesby were constituted Commissioners for to view the defects in repair of a certain Ditch lying betwixt Snartford bridge and the before-specified River of Wythom and to enquire who ought to repair the same And in 6 R. 2. the King being informed that the said River of Wythom as also that of Brant and certain Ditches and places whereby divers waters in the County of Noâ—ingham and this of Lincolne did and had used to run from the Town of Cleypole and so down by Lincolne unto the same River of Wythom were so choaked up with mud and obstructed with the planting of Trees that by reason thereof and of certain Floud-gates the current of the said water being hindred the lands meadows and pastures of divers persons had been very often overflowed and did at that time so continue he assigned Iohn Bussy Henry Asty Thomas Claymond and others to view the same and to make the said Chanels and Ditches larger so that they might be xl or xxx foot wide betwixt the Banks and ten foot in depth The like assignation had William de Crosseby Iohn de Rocheford of Boston Iohn de la Launde of Pynchebek Thomas de Tofte and Iohn Waleys in 18 R. 2. for the view and repair of those Banks and Sewers betwixt Hill dyke and Bullingbroke and betwixt this River of Wythom and the Sea and to do all things therein according to the Law and Custome of this Realm and according to the Custome of Romeney marsh As also to take so many Diggers and Labourers upon competent salaries in regard of the then urgent necessity as should be sufficient to accomplish that work So also in 3 H. 5. had Sir Robert de Wylughby and Sir Thomas de Wylughby Knights Iohn Cokayn William de Lodyngton Iames Strangways and others for all the Banks and Ditches from this River to the Sea and to proceed therein according to the Law and Custome of this Realm CAP. XXXII Observations touching the whole Great Levell HAving now done with all the Marshes situate within the Province of Lindsey in this County and continning still my course South-East wards I come next to that Great Levell which extendeth it self from about Halton Toynton in Lincolnshire through a good part of six Counties viz. Lincolne Norfolk Suffolk Cambridge Huntendon and Northampton being in length no lesse than Lx miles and in bredth from Peterborough in Northamptonshire to Brandon in Suffolk neer fourty miles all which excepting the Isle of Ely and some few places of that Kind as also Holland in Lincolnshire and Marshland in Norfolk both which have been long ago by great industry gained from the Sea as I shall clearly shew by and byâ— were for the space of many ages untill of late years a vast and deep Fen affording little benefit to the Realm other than Fish or Fowl with overmuch harbour to a rude and almost barbarous sort of lazy and beggerly people But before I begin to manifest how and by what means the drayning improvment thereof hath been accomplished it will be proper I conceive to shew 1. First what this large and spacious tract originally was 2. Next how it came to be overflowed by the Sea 3. How Holland and Marshland were first gained from the Sea 4. How the main Levell before-mentioned came first to be a Fen. 5. The rise course and outfalls of the several Rivers passing through it 6. How those their outfalls became obstructed 7. The vast extent and great depth of the fresh waters occasioned by these obstructions of their out-falls What this great Levell was at first THat this vast levell was at first a firm dry land and not annoyed with any extraordinary inundation from the Sea or stagnation of the fresh waters I shall now endeavour to manifest which may perhaps seem strange to many but when it is well considered that Timber-trees will not grow and thrive where water for the most part stands or in Moor which by tract of time is bred and increased in such moist places both the one and the other may with much probability be granted The casebeing then thus stated it nowremains for me to prove that such have heretofore been bred and prospered in sundry parts of this now Fenny Country which is no hard matter to do divers persons yet living being able to testifie that in the late digging of those Chanels anâ— Drayns as have been made for the exsiccation thereof great numbers of such Trees of several kinds have been found most of Oak and Firr and few of them severed from their Roots but of such as be so severed the Roots are observed to stand in the firm earth below the Moor of which sort I my self have seen some that were taken up in the Fens neer Thorney and have had credible information of multitudes found in other places whereof some were digg'd up at the cutting of that large Chanel called Downham Ea which extendeth it self from Salters lode about four miles Northwards towards Linne Moreover in Marshland about a mile VVestward from Magdalen bridge at the setting down of a Sluse very lately there was discovered at xvij foot deep divers Furze bushes as also Nut-trees pressed flat down with Nuts sound and firm lying by them the bushes and Trees standing in solid earth below the silt which hath been brought up by the inundations of the Sea and in time raised to that great thicknesse Add hereunto what I have already observed in the Isle of Axholme touching the Trees of Oak and Firr found in such great numbers at the making of those Ditches and Sewers for drayning of that Fenn which though it lye not contiguous to this out of all doubt is on the like levell and was apparently a woody Country at the first To give farther instance therefore to demonstrate so evident a truth there will be no need so that I shall hence proceed and in the next place manifest upon what occasion this great alteration grew CAP. XXXIII How it became overflowed by the Sea GRanting therefore that this Country though lying flat and low was not originally annoyed with the inundations of the Ocean or any stop of the fresh waters which might by overflowing and drowning make it fenny and considering the situation thereof to be such as that it is bounded on all parts by the high lands in the form of an Horshoo excepting towards
the said Deping fen and thereby to adjudge and order aswel from his Majesty being Lord of the soil as from the Adventurers and others interessed therein such proportion of land as might sufficiently bear the chardge of the work And that because his Majesty intended to see that great work of the whole Levell prosecuted according to his first Princely design it being for the Countries good and his own service in such manner as might have just regard to the perfecting of the same with most publick and general advantage to the whole Fens he was farther pleased to declare himself the sole Adventurer aswell of this particular Fen called Deping fen as of the whole great Levell and that he would afterwards in ordering the same have a just respect unto such persons of Honour and others as had any former interest or engagement therein To conclude this Chapter I find by a Law of Sewers made at St. Ives the xvth of October 17 Caroli that the Commissioners therein reciting that whereas the Earl of Exeter had a third part of this Deping fen as also of Spalding and Pinchbek fens and of Gogsland belonging to Crouland by contract made with Captain Thomas Lovell for drayning of the said Fens which being not performed the said Fens did then remain drowned they then decreed that the said Fens should be surveyed by the appointment of Sir William Ayloff and Sir Anthony Thomas undertakers and six Commissioners of Holand and Kesteven and a moytie assigned to the said Sir William and Sir Anthony and their Heirs in recompence of their chardges for drayning thereof and two thirds of all the grounds surrounded lying in Spalding and Weston called Bellesmore being the grounds of Sir Francis Iones Knight and two parts of the grounds called Turpitts lying in Weston aforesaid and a fourth part of the ground called East fen lying in Moulton and in Quaplode and Holbeche the one half After which divers Gentlemen whose names are exprest in the Map here exhibited became Adventurers for the exsiccation thereof and in order thereto caused the River of Welland from Waldram Hall to Spalding and thence to the out-fall to be made wider and deeper The drayn called the Staker draine about xx foot in bredth for to ease the River of Glen together with Hill's drayne and Uernat's drayne they likewise made new and perfected Exeter drayne from Cubbet tunnell almost to the Sea Neer Spalding they also erected a great fluce and made all the partition dikes in such sort as the Map sheweth By which works the water was so well taken off that in Summer this whole Fen yielded great store of grasse and Hay and had been made winter ground in a short time but that the Countrey people taking advantage of the Confusions throughout the whole Kingdome which ensued soon after the Convention of the late long Parliament as is very well known possest themselves thereof so that the Banks and Sewers being neglected by the Adventurers it became again overflowed and so remaineth at this time CAP. XLIV HOw the greatest part of this Province was at first gained from the Sea I have already in the Chapter of this my discourse briefly manifested that therefore which now remaineth to be spoken in reference to it shall be touching the farther improvement thereof by drayning and banking and the support of what was done in that kind before Wherein I purpose to begin with Crouland made famous of old by S. Guthlake an holy Hermite who neer a thousand years since for devotions sake betook himself hither as to a place of the greatest solitude How terrible and hideouâ— the parts hereabouts then were considering the vastnesse of the Fen I need not to make farther relation having elswhere so fully discoursâ—d of them I shall now therefore briefly point at what is most memorable touching the same in order to my present purpose After the death of this pious man S. Guthlake Ethelbald then King of Mercia whose Confessor he had been discerning how renowned he grew for sundry Miracles sought out his Sepulture and having sent for a Monk of Evesham called Kenulph who was then eminent for his holy life as also consulted with him for the gathering of a Covent did in the year of Christ DCCxvi begin the foundation of a goodly Monastery in this place which he indowed with the whole Isle of Crouland bounded with these waters viz. Schepishee towards the East Nene towards the West South Ee on the South and Asendik to the North where the common Sewer then was betwixt Spalding and the said Isle Which tract of ground containeth four miles in length and three in bredth and whereunto belonged those large adjacent Fens opposite to the said Isle on the West part lying on each side the River of Weland that towards the North called Goggislond extending two miles in length from Crouland bridge to Asaph where the entrance into the Isle is and one mile in bredth viz. from the River of Weland on the South side thereof unto Apenholt on the North to the bank of the water The other part of that fen lying Southwards of the said stream of Weland containeth also two miles in length from Crouland bridge to Southlake neer the Chanel opposite to Aspath having two miles also in bredth viz. from the said River of Weland to Fynsâ—tt on the Verge of the River Nene which is on the South side of the same Fen. And because the ground whereon the King designed to erect this Abby was so moyst and Fenny that it could not of it self bear a building of stone he brought an infinite number of mighty piles made of Oak and Alder which he caused to be driven deep into the ground as also a great proportion of firm and hard earth digged nine miles thence and upon those he raised that structure that Oratory which S. Guthlake had there being only of Timber And now though I have already pointed at the extent of this Isle from the words of the before-specified Charter of King Ethelbald neverthelesse because I find it afterwards more exactly set forth by the confirmation of other Kings and that the knowledge of those places therein exprest may give a clearer light unto what I am to say of thâ—se Fenny parts I shall take notice of two other descriptions of the said boundaries that first whereof is by Bertulph King of Mercia in the year of Christ DCCCLi viz. from Aswicktost hirne to Tedwarthar the water of Schâ—pishâ—e having the said Isle on the West part and the fen of Cappelade on the East And from Tedwarthar to Namans land hirne the water of the South Ee bounds it having the same Isle on the North thereof and the wood of Ancarig id est Thorney on the South And from Namans land hirne to Crouland bridge the River of Nene is the limit thereof having the said Isle on the East part and the Fen called Alderlound on the West And from
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
one Robert de Haâ—les Archdeacon of Lincolne at the reâ—uâ—st of the said Abbot and Covent made a Collection throughout all his Archdeaconry for the maintenance thereof with which moneys so gotten the said Monks of Revesby repaired the same untill about ten years before the exhibiting of the said Presentment but after that time suffered it to go to ruine VVherefore they pâ—ecisely said that the before-specified Abbot and Covent ought to repair and maintain it still and no other And being asked whether that the Abbot and Covent could keep it in repair with the yearly value of the said land they answered that they might And they said likewise that William de Rumare son of the said William did after the death of his Father confirm to the before-specified Abbot and Covent the land above-mentioned in pure alms for the maintenance of that Causey at which time he made the said Abbot and Covent swear that notwithstanding the said confirmation so made to them in pure alms they must repair and maintain the same Causey as they had before that time used to do alleging that for the want of repair thereof divers persons were drowned every year And the said Jurors for the Wapentakes of Kirkâ—tone Ellow and Anelund chosen to enquire concerning a certain Causey called Holand Causey and of the bridge called Peckebrigge said upon their Oaths that in truth one Robert Iokem of Horbelinge antiently gave to the Prior of S. Saviours one messuage and one yard land lying at the head of the said Causey neer to the very site of the said Priory to have and to hold to them and their successors for ever for the reparation and maintenance of the before-specified Causey from the head thereof towards Kesteven to the Innome oâ— Douingtone And for that consideration were those Canons of S. Saviours enfeoffed of the said messuage and land to maintain the same Causey for ever And the same Jurors also said that the before-mentioned Canons did afterwards obtain a Bull from the Pope to exhort the people of the Country to contribute towards the repair of that Causey by means whereof they collected much money and that with those moneys as also with the profit of that messuage and land and other moneys bequeathed unto them by several great men deceased they used to repair the same till within twenty years then last past that they were hindred by reason of a floud that they could not do it And since that time that they imployed those moneys so collected and bequeathed as aforesaid in purchasing of lands And they said directly that those Canons ought to maintain the same Causey from the head of Holand bridge unto the Innome of Doningtone and not any other And that with the revenue of that messuage and what they had so purchased they might very well do it And they said moreover that the Inhabitants of Doningtone ought to repair and maintain the before-specified Causey from that place called the Innome unto the head of the same towards Holand in respect of their lands lying on each side thereof and by reason of the said ground called the Innome granted to them by the Country And as to the said bridge called Peckebrigg they said that before the foundation of the Priory of Spalding there was not any there and that the Prior of Spalding did antiently first build it and being so built that he and his successors did ever afterwards repair it by reason whereof they took Toll of all strangers passing over it and at that time did also so do For which reasons they said that the same Prior and Covent of Spalding ought to maintain the same and no other person whatsoever And being asked of what bredth the said bridge and Causey ought to be they said that the Causey ought to be so broad as that Carts and Carriages might meet thereon and the bridge of Peckebridge so wide as that men riding on Horse back might also meet upon it And because it was found by the said Inquisition that the before-specified Abbot and Covent of Revesâ—y ought to maintain the Causey called North dyke by reason of that land so given unto tâ—eâ— by the before-mentioned William de Rumare And that the Prior and Covent of S. Saviours ought to maintain that part of the said Causey called Holand bridge Causey by reason of those their Lands and Tenements as aforesaid and the men of Deningtone the other part the Shireeve had command to seize the before-specified lands into the Kings hands and to retain them until such time as they should give security for the repairs abovesaid and that this should be done before the Feast of S. Michael then next ensuing The like command he had to distrain the Prior and Covent of Spalding by all the goods which he could find of theirs within his Bayliwick for the repair of the said bridge called Peckebrigge within that time In 50 H. 3. the King being advertised that aswell his own lands as the lands of the Prior of Spaulding and others lying in this province of Holand were in very great danger through the decay of the Banks Ditches Gutters and Sewers in divers parts thereof did assign Iohn le Moyne and Alexander de Montefort to enquire by the Oaths of honest lawful men of the same Province who they were that then had safeguard and preservation by those banks and Sewers against the Sea and ought to repair the same and also to distrain all those that were Land-holders within the Wapentake of Ellowe for to repair the same Banks Ditches c. so that every Acre might be equally assessed whosoever held the same and being so repaired to maintain them in such sort as they ought to do according to the proportions of their Tenements The like Commission had Thomas de Frankton Iohn Beke and the before-specified Alexander de Montefort in 3 E. 1. for the same Banks and Sewers In the same year upon a pleading concerning the Banks lying in a certain place called Cadenham toft it was found that they were in very good repair In 6 E. 1 there was a complaint made to the King on the behalf of Henry de Lacy Earl of Lincolne that he had received extraordinary damage within his Lordship and Lands in Swaneton by inundation of the fenns betwixt Swaneton and Dunnington and other Towns adjacent by reason that the Sewers Ditches and Gutters which had wont to be there in the time of his Ancestors were then obstructed and the Bridges in ruine through the default of those that ought to repair them The said King therefore assigned Raphe de Hengham and William de Norburgh to enquire who ought to repair the same and to distrain them thereto The next year following upon inforformation that the Inhabitants within the Wapentake of Kirketou had sustained much losse by the overflowing of Haute Hundre fen in the said Wapentake in regard that the Sewers Ditches and
of Spaldyng ought and had used to repair and maintain a certain common Sewer called the Priors Ee in Sutton within this province from a certain place called Tydde graynes in Tydde S. Maries to Outbroken in Sutton aforesaid and so going into Priors fall together with certain bridges upon the same Sewer viz. one overthwart the Priors Lathes another called Crosse gate brigge and another called Randolf brigge which were then in decay to the great damage of the said Town of Sutton and the whole Country And that the said Sewer ought and had used to be repaired with the bridges before-specified by the pedecessors of the then Prior and by the same Prior by reason of his lands in Sutton aforesaid Whereupon the Shireeve having command to summon the said Prior to anâ—wer this chardge he appeared by Thomas Spenser his Attorney and denyed that he ought to perform those repairs alleging that the said Prior and his Predecessors had been seized time out of mind of the Mannour of Gannok in Sutton aforesaid as in right of their Monastery of Spaldyng whereof the said Sewer so supposed to be a common Sewer was parcell And farther said that the same Sewer had been made from the time aforesaid by the Predecessors of the then Prior in their own proper soil and within the precinct of that Mannour for drayning and avoiding away of the waters within the same for their own and their Tenants advantage and that no mans Land else ought to be drayned thereby And farther affirmed that it was no common Sewer as also that the said Prior and his Predecessors neither ought nor had used to repair the before-specified Bridges as in the said presentment was set forth Whereupon a Jury being summoned and sworn they said upon their Oaths that the said Sewer was a private Sewer made by the Predecessors of the then Abbot for the drayning of the waters out of the said Mannour of Gannock for their own and their Tenants sole benefit and that it was never any common Sewer In 1 E. 4. Richard de Welby Richard Pynchebec Iohn Pynchebek Leonard Thorneburgh and Richard Fendyk were constituted Commissioners for the view and repair of the Banks Ditches and Sewers from Skegnes Dodyngtone-Pygot to Tydde gote and to proceed therein according to the Laws and Customs of this Realm and of Romeney marsh Howbeit from this time until the xiijth year of the late Queen Elizabeths reign I have not seen any thing else considerable in reference to the Banks and Sewers of this province but then viz. on the xxith of September Sir Henry Clinton Knight Anthony Thorold Robert Carre Leonard Irby Iohn Bushey Esquires and others at that time Commissioners sitting at Boston and by Inquisition taken before them upon Oath finding that the Sewer called called Merlode could not without an excessive chardge convey away the water falling thereinto nor have any fit place at the out-fall thereof whereon to erect a sufficient Gote decreed that it should be scoured and made xvi foot wide and six foot deep from the in-fall out of the Fen unto a certain place called Elwood Elmes by the Townships of Quadring and Donington next adjoyning before Martinmasse in An. 1572. And that from Elwood Elmes it should be turned and made of the like bredth and depth at all times thenceforth by the Inhabitants of of the said Town of Quadring to Gosbertown Ee through divers grounds in the said Decree mentioned And at the falling thereof into the said Ee that there should be a substantial stone-bridge made and erected for the publick Road way there at the chardges of Quadryng and Donyngton aforesaid and likewise a Dâ—m at their like chardges at Partye bridge And moreover that the said Inhabitants of Quadring and Donington should for ever hereafter enjoy for the Commodity of their said water-course of Merlode the same drain called Gosberkirk Ee under the Sea dyke from the in-fall of Merlode thereinto and from the said Dam to be made towards the Sea unto the Gote which thenceforth should be appointed to be made for them and their said Drayn of Merlode by all the limits thereof after also to be expressed unto the out-fall of that their Drayn into the Sea at their private Drayn In consideration whereof they decreed that the said Townships of Quadring and Donington should make a another sufficient Drayn in Gosberkirke Ee aforesaid to stop and turn the Watercourse of Rysegate out of and from the old course thereof towards the Sea-dyke aforesaid at a place in Gosberkirk neer unto Challan bridge where they decreed that a bridge should be made and set up at the chardge of the said Townships of Quadring and Donington And that then the said Townships should scour a new Drayn from thence of the like bredth and depth by the limits after to be specified which shall be called the New Ee of Surâ—let and Gosberkirk the accomplishing of these directions being most beneficial for the receipt and speedy conveyance of the waters both of Kesteven and Holand from the said old course in Rysegate Ee by the same New Ee in form before recited And by a Decree of Sewers made at Helpringham 22 Iune xvi Eliz. it appearing that the New gote set in the Sea-dyke of Surflet at the chardge of the Inhabitants of Donyngton and Quadring by virtue of the Decree made at Boston 21 Sept. 13 Eliz. above-mentioned did of a sudden after three weeks setling thereof sink into a Quick-sand It was ordered that the same should be made again more substantially and set upon a better and firmer Foundation In which year also Richard Bertye Esquire Rob. Wingfeld the elder Edmund Hall William Fitz William Esquire and others being Commissioners and sitting at Burne the fifth of Iuly ordained That the Sewer called Repingale South dyke should be dyked from Berhom-pooles to Irelode and thence to the Beche in bredth xij foot at the least and depth six by the Township of Pinchebeck before Michaelmasse following upon pain of every rode not done 3s. 4d. Likewise that Irelode drain should be sufficiently dyked and banked by the Townships of Dowsbye and Repingale for their limits and from thence to the Beche by such Townships as by the Laws made at Sempringham mense Sept. 8 Eliz. was appointed upon the like penalty Moreover that upon the Sewer called Newdike two new bridges should be erected at Rusgate Ee mouth by the inhabitants of Gosberkirke and Surflete in their limits one in Quadring up-fen against the common way coming from Westrop and one other within the limits of Byker in Hekendale-Wathe over to Hekendale Hills of such height as Boats might well passe under and to be done by the Inhabitants of Quadring and Byker before All-hallow tide then next ensuing upon pain of an Cs. for every bridge not finished As also that one bridge over the said Sewer at Kyrton Fen another at Frampton Fen and another at Lichfeld end should
and some not so that no earth could be digged there withont the good will of those whose lands adjoyned thereto Whereupon the said Commissioners decreed that by the oversight of Iohn de Wykenhale Iohn de Reynham Adam de Blowere and Alexander de Walpole who were deputed thereto upon their Oaths earth should be taken off those mens lands which lay so there for the repair of the â—aid Bank giving a valuable consideration for the same according to the judgement of those persons so sworn and that the repair thereof should be accomplished before the said Feast of the Nativity of S. Iohn Baptist upon penalty of an C. Marks At that time did the Jurors also for the Hundred of Clakelose present upon their Oaths that there was a certain Band betwixt the Town of Utwell and the Priory of Molycourt which bank the Land-holders betwixt it and Pokedike ought to repair and raise higher for the advantage of the bank of Pokedike and defence of the Country viz. Thomas de Ingaldesthorpe Iohn fits Gilbert and others wherefore the Shireeve had command to distrain them by all their lands betwixt Utwell and Molycourt till the said Bank was repaired as it ought to be Afterwards upon Wednesday after the invention of the holy Crosse in the 23th year of the same King Edw. 1. the said Justices made another Inquisition by Robert de Hakebeche and others who said upon their Oaths that of necessity the water of Upwell ought to be stopt at the house of Raphe Smyth of that town and that the antient course thereof ought to be scoured and enlarged from the Sluses of Elme to that stop in Upwell to the bredth of xl foot and deeper by six foot than it was at that time And they also said that it was necessary that the said water of Upwell should have it's course by the Little lade and a place called Wadyngstowe untill such time as the before-specified Sewer could be clensed repaired and so enlarged And they said that Tyd S. Giles Neutone Leveringtone Wisebeche Elme and Upwell of the County of Cambridg should at their peculiar costs repair the one half of that Sewer and that Robert de Scadeworthe Steward of Ely did undâ—rtake for that moytie And the Town of Wygenhale on the part of Marshland Tilneye Tyringtone Walpole Waltone Utwell Waisokne Enemethe Clengwartone with the Commoners in Marshland Common to repair at their costs the other moytie so that all those Land-holders above the said stop at Upwell towards Meremaund should be totally quit of any contribution thereto And the said Steward of Ely on the behalf of the said Couâ—ty of Cambridge was to superintend Iohn de Fictone and Adam de Blowere Assessors and Collectors for the Town of Wygenhale Philip de Fenne and Stephan fitz Walter Assessors and Collectors for the Town of Tâ—lneye and the Hamlets William de Sybille and Iohn de Dulingham Assessors and Collectors for the Towns of Tyringtone and Walpole and Raph fitz Iohn together with the said Iohn de Dulyngham Assessors and Collectors for the Towns of Walsokne Waltone and Enemethe all sworn and thereunto appointed that they should begin the said stop and clensing of that Chanel upon the morrow after Ascension day so that the same water should by such scouring and enlarging of the said antient Chanel run before the gule of August then next ensuing under the penalty of an Cl. And in case that passage called Lytlelode and Wadyngstowe should not be sufficient for the carrying away of those waters it was determined that they should be enlarged as they were afore time by the view of the Shireeve of Norfolke both as often and in what places need might require And the Shireeve of Norfolk had command that as often as he shouâ—d be required to assist the persons above-specified so deputed to assesse and collect those moneys he should be aiding to them not favouring either rich or poor therein And it was also decreed that Lytlelode and UUadyngstowe should be opened untill the before-specified Sewer were clensed viz. the gule of August And the Jurers of both the said Hundreds farther said that the chardge of scouring the sâ—id Sewer might be dâ—frayed for six score and two pounds whereof the Steward of Ely did undertake to levy the moytiâ— upon the Towns in Cambridgâ—â—ice And to this contribution Tiâ—â— yâ— with the Hamlets belonging thereto was taxed at xil Tiringtone at xil. UUaipole at xil UUaâ—tone and Enâ—mâ—the at xil. UUalsokne at xil UUygâ—nâ—â—lâ— at Cs. and Utwâ—il in the County of Norfolk at xxs. And if those monâ—ys would not suffice to perform the same that then the Towns of both Counties to contribute more as need should require And the said Shireeve had likewise commaâ—d to distrain Thomas de Ingaldesthorpe Thomas de S. Omer Iohn fitz Gilbert Iohn Blakeman Walter de Palmere Simon fitz Agnes the Prior of Molycourt and Alan le Mutere Land-holders in Utwâ—ll and Molycourt to repair tâ—e Baâ—k bâ—twixt UUâ—lle and Molycourt for the advantage of the said Bank of Pokedike so that every Acre should be assessed alike in the said contribution and that the said Bank should be perfected before the Feast of S. Peteâ— ad vincula commonly called Lammas upon penalty of xxl. And the said Shireeve of Norfolk had moreover command that he should distrain the before-specified Town of Utwelle to the repair of the Bank called Sandy diche before the said feast of S. Peter ad Vincula upon penalty of xxl. And likewise to distrain all the tenants of the Lands of Pachefeld and Kirkefeld in the Towns of Utwelle and Upwelle to repair the Banks and Ditches in those fields so that every Acre should be assessed alike and the said repair accomplished bâ—fore the Feast of S. Iohn Baptist upon penalty of xxl. And morâ—over to distrain all those who ought to repair the Bank at Pokedyke so that it might be finished before the Feast of S. Iohn Baptist upon pain of xxl. And because it was presented by Iohn de Wygenhale Iohn de Reynham c. then deputed by the said Justices to take earth for the repair of the said bank of Pokedike from the ground lying neerest thereto and that the Abbot of Dereham had within the same bank CCC acres of land they were commanded to take earth off the said Abbots land lying an Acre distant from the Bank provided that the said Abbot had competent satisfaction for the same according to the judgement of the said Jurats because there was no other earth within that Bank to be found so proper for that service Howbeit no sooner was the before-specified Chanel at Littlelode so made as by the Decree of the said Comissioners had been directed but that some mischievous people broke and threw down the banks thereof the King therefore upon complaint to him thereof made did grant a new Commmission â—nto the said Simon de Ellesworth and Thomas de Hakeford to view the same and to enquire
this River of Well Ee neer Salters lode be made two Jettyes of wood or stone each opposite to other and distant xviij foot to hinder the tides from flowing up Westwards towards Welle and that the fresh water may have the quicker fall into the Ouse and this to be done by the Inhabitants of Marshland and Town of Wiggenhall 13 That the common Sewer called Thiefe lake lying in Denver fenne be made within xl Rood of Salters lode between Shiplode and Salters lode and x foot wide unto the Land lake with a sufficient gole by Thomas Gawswell Gent. owner of the Mannour of East Hall in Denver 14 That the Common Sewer in Denverfenn called Streme lake be made of the widenesse of x foot to bring the water out of the Fenn by the space of six furlongs to be made and kept by the Inhabitants of Denver with a sufficient gole c. That the other common Sewer called Denver hithe lying in Denver fenn between Streame lake and Shiplode be made one furlong in length or more and x foot wide with a sufficient gole by Nicholas Haâ—e Esquire owner of the Mannour of West Hall in Denver That the brinks of Ouse between Salters lode and Shiplode be made viij foot broad in the bottom and six at the top and one foot higher than the highest water mark That some provision be made for the straightning of Lynne Haven which being wider than it was wont to be causeth the tide to rise higher by a foot at Salters lode than it was wont to do within these xx years 1 The next year following I find a Certificate and Presentment made the xxxth of Iune by Richard Nicholls Thomas Hewar and others Jurats for this Country of Marshland the tenor whereof is as followeth 1 That all the Lands and Tenements c. within the Hundred of Frebridge on the West side of the great River leading from Salters lode to Lynne and all other Lands c. in the Hundred and half of Clacklosse on the West side of the said great River and on the North side of a certain Bank called the New Pow dich situate in the Hundred and half of Clackclose on the West side of the said great River made and erected in the time of the reign of King Henry the vith are defended and saved from submersion and drowning with fresh water by the said Diche or Bank called the New Pow dich Which Bank hath been kept and defended by the lands in the Hundred of Frebridge by a certain field called Hawsted and by an hundred Acres in Stow-Bardolfe and the Frontier against North delf house on the North side of the said old Powdich only yet thereby are defended all the Lands Tenements and Commons on the South side of the said old Pow dich and Emneth marsh dich and ought to be charged for their portion and profit by the said Bank taking between the Priory of Mullycourt and Salters lode aforesaid as appeareth by certain orders made before the Commissioners of Sewers in the first year of the late King Henry the sixth yet the said Lands Tenements and Commons last abovesaid are not there chardged nor defend any part thereof contrary to equity and Justice 2 And that the Inhabitants of the said Hundred of Frebridge nor any of them nor any other ought to be distrained or troubled by the Lords of the Fee nor their Ministers when they or any of them shall come thither for the making their portions of the said Bank nor for the oversight of the making thereof nor for the depasturing of their Horses there nor for their carriage but that they may return in the meetest and most convenient ways for them and have free ingresse and egresse to the same Dyke or Bank without any amerciament or other punishment Saved to the Lords Wayf Stray punishment for blood draught and for Hue and Cry 3 And that every person is chardgable to keep their portions upon the said Bank from time to time by and after the Custome of Marshland by old Custome used that is to say by Bylawe Byscot Triscot and Wopeny And that every Town of the said Hundred of Frebridge is chardgable to keep and repair their portions upon the said Bank upon pain of xxl. to be paid to the Queens Majesty her heirs and successors Kings and Queens of this Realm 4 And that the menure for the repair of the said Bank ought to be taken on the South side of the same Bank and xij foot from the foot of the said Dike or Bank and not upon the North side but when for the Inundation of the water it cannot be taken on the South side of the said Bank called the New Pow dich 5 Item they say and find that there is a certain Ward dich or Fence Bank called the Old Pow dich which doth begin at a place called the Wech or West head next unto Rightforth lode brinke and extendeth Westwards nine hundred and twenty two Rode unto a certain place called the Thwart lane or the New Pow dich of Marshland which Bank is in good repair from the West end thereof unto a certain place in Walpole charge where against Edmund Beaupre Esquire hath fixed and set certain barrs into a pasture of his there by reason the said Edmund doth keep and maintain a certain Crest or Fen-bank on the North brink of Rightforth lode which defendeth the water on the South side thereof from the Pow diche aforesaid But at a certain Gate upon the said Old Pow diche in Emneth charge in the reach aforesaid is a certain Pipe laid by the said Edmund Beaupre for the drayning of certain Lands on the South side of the said Old Pow dich which is to the surrounding of the Fen and Smethe of Marshland and of right ought not that way to drayn but by Rightforth lode And that the said Pipe ought to be taken up and the said place stopt and made higher that no water drayn that ways 6 And the residue of the said Old Pow dich in the charge of Walpole Terington Clenchwarton and part of Tylney in part is defective for lack of height and bredth and that most chiefly by the ruine and decay of a certain Crest or Fen-bank which ought to be kept on the North side brink of Rightforth lode by Nicholas Hare Esquire and others And that the residue of the said Bank of the Old Pow dich is in good repair even unto Rightforth lode brinke By the ruine and decay of which Bank the grosse Common called the Smethe and the Fen of Marshland and certain Fens and low grounds in UUigenhall and Stow-Bardolf on the North side of the said Pow dich may be surrounded and damnified 7 And that the said Thwart lane or the New Pow dich of Marshland extending from the Old Pow dich aforesaid unto a certain place of Emneth marsh dich called Abbot's hirne as we think in our consciences ought to be kept and maintained by the
Sandy land under the two Sewers in Elme so that the water of those Fields may run at Rotispipe upon penalty of stopping all the said Sewers And they likewise ordayned that the Sewer on the Southside of the River of Wisebeche beginning from the Goule hirne may have its antient course from that Pipe unto the Pipe lying in Hillary diche under the Sewer of Elme and that the said Pipes be maintained by the Landholders in the new close of Elme and that the said Sewer have its antient course from that Pipe unto Newbridgg drove and there either a Bridge or a sufficient Pipe to be made opposite to the land of Robert Cake and that the said Sewer may have its course from that Bridge or Pipe unto the Pipe in Meesdrove lying under the Sewer of Elme And that the same Pipe be made and repaired in regard it was then broken by the men of Elme if the said Sewer will run any more And that the said Sewer have its antient current from that Pipe unto Ieconnesgate on the Southside of the Nether gate and that a Bridge be made neer unto the messuage of the heirs of Iohn Pateshull over that Sewer and that the said Sewer be clensed and digged whensoeâ—er and wheresoever need required and that the Droves be raised higher with the Earth which is digged out of the said Sewer And lastly they ordained that every Acre lying on the South of Wisebeche and every Acre on the Northside of Elme should pay a peny and more if need require for the repair from Iecons gate of that Sewer and to amend the Pipes and Bridges of the same Sewer and where need required to make them new And moreover that Ieconnesgate be amended and new made when need should be as also that every Field should make the Bridges and Pipes belonging thereto and clense and scour their own Sewers In 41 E. 3. Sir Iohn de Colvill Sir Raphe de Rocheford Hugh Lovet and others were constituted Commissioners for the view and repair of the Banks Ditches and Sewers lying upon the Sea-coast and otherwise betwixt Tyd brigg and the Town of Chaterys The like Commission in 42 E. 3. had Sir Robert del Isle Sir Hugh Lovet and Sir Iohn Vernoun Knights with others for all those in Wisebeche Elme Welle Marche and Marford in this County In 47 E. 3. Iohn Cavendish and other his associats Justices of Sewers by Virtue of the said King's Commission sate at Elme before whom it was presented by the Jurors that a certain Bank antiently made for safeguard of all those Lands betwixt the River of Wisebeche and the River of Welle beginning at the foot-path opposite to the Gate of Wisebeche Castle and so extending it self to Goneldich thence to Bensted hirne thence to Tilney hirne thence to Mareys gate and thence to Charitie Crosse and from thence to Uernouns Corner and so to the River of Welle was then almost broken and in decay by reason whereof divers Lands and Tenements within the precinct thereof were overflowed by the fresh waters to the great damage of all the Landholders there And they said that the said Bank did then contain no more than four foot in height And therefore for the better safeguard of the Town of Wisebeche Elme and Welle they ordained that the said Bank should be raiseâ— three foot higher so that the whole height thereof from the Levell ground might be seaven foot and the thickness thereof at the bottome xxxij foot and at the top xij foot so that the water of the Fen might not any way enter through the same Bank And that every one having Lands Tenements Common of fishing or pasture who might have safeguard defence or benefit by the making or repair of the said Bank or loss for the not doing thereof were obliged according to the proportion of their holding to make the same consonant to the Law and Custome of the Country so that the Lands on the South side the River of Elme should be agisted upon the Bank called the Byshopesoyke and that all other Lands and Tenements betwixt the River of Wisebeche and the River of Elme be agisted upon the Sea-bank and the Fen-bank of Wisebeche and Elme on the North side of the River of Elme And they ordained that it should be lawfull to any man making his part of the said Bank to the Fen to dig and carry away Earth for the repair thereof for the space of ten perches without the said Bank without the contradiction of any man as antiently they had used to do provided that they should not dig within the length of two perches thereof upon penalty of xxs. And they farther ordained that neither the Lord nor any Commoner should depasture any of his Cattel upon the same Bank except Sheep nor make any drists with Cattel over it for the avoiding of future damage thereto upon penalty of a peny for every Beast so driven or depasturing thereon by the knowledge or default of the owner to be paid to the Lord and Commoner to whom the repair thereof belonged so often as he should offend therein And that such Cattel as should be found there depasturing or driven in manner aforesaid upon the same Bank Sheep only excepted to be impounded by the Bayliff of Waltersey or Dike Reeves of Elme Wisebechâ— or Welle at Waltersey or in the Common pound of Elme Wisebeche or Welle now made or to be made by the Lord and Commoners and therein to be detained untill they should satisfy and pay the penalty aforesaid to be imployed in repair of that man's Bank which had received damage by those Cattel And they ordained that eight barrs should be made and set upon the said Bank to hinder the passing of Cattel upon it asweel of Strangers as Commoners the first at Waltersey by the Bishop of Ely the second at the Corner of Bensted hirne the third at Hunterstones by the Bishop and his Tenants of Hunterstones the fourth at the end of Waldersey drove by the Prior of Ely the fift neer the gate of Tilney House by the said Prior of Ely the sixt at Coldham hithe by the Lord of Coldham the seaventh at Charite Crosse by the Fields of Elme and the eighth at the end of Grenediche next to Welle and that the said barrs should be repaired and maintained when need required upon pain of xxs. to be paid by him to the Lord and Commoners who ought to repair them as often as any damage should happen to the Commoners therâ—by Provided nevertheless that every one at the making of his Bank might have free ingress and egress thereto and to amend the same as need requireth and that the penalty aforesaid should be imployed to the repair thereof as aforesaid And that every Dike Reeve of Elme and Wisebeche on the South side of the River of Wisebeche and likewise every Dike Reeve of Welle on the North side of the River of Welle might have power by
at Bullok's lane end and leading to Bridg drove through the midst of the lands of Geffrey Sutton as also one Crest from the Stow of Geffrey Sutton unto the Pipe in Meesdrove in height two foot and in bredth ten and one Clow at the Pipe of Meesdrove on the South side of the River with two doors thereupon each of three foot in bredth with two Keys whereof one to be kept by the Bayliff of Waltersey and the other by the Guardian of the Marsh on the South side of the said River And that the Town of Leverington ought and had used to make and repair one Crest in Leverington aforesaid beginning at Neuton Gore dyke and leading to Bondysgate in Leveryngton and thence to Rechmond in the said Town four foot high and eight foot broad And that the Tenants of the lands in Harpsfield in Leverington ought and had used to raise a Crest in a certain place called Two lanes beginning at Shoffendike in Leverington and leading to Blak lane in the same Town in height four foot and bredth eight And that the landholders in Southingham in Leverington ought and had used to raise one Bank called Overdiche in Leverington aforesaid beginning at Bellymil brigg and leading to Parsons drove end in the same Town And thence to Meysbrigge to be repaired by the landholders of Northinham thence to Blakenfield by the landholders of Fenhalfiâ—ld thence to Bondysgate by the landholders of Blakelanefield and that it ought to be two foot higher than it was at that time in the highest place and in bredth xii foot Also that the Landholders of Fenhalfeild in Leverington ought and had used to make one High-way called Polly lane beginning at Shoâ—endike in Leverington and leading to Marslane brigge in the said Town four foot in height and eight foot in bredth And that the said Town of Leverington ought to maintain one Sewer beginning at the Corner of the antient Sewer in Leverington neer to Reginald Corners house thwarting the Drove called Fytton drove unto the House of Iohn Stokyll and so to the Sea and the said Sewer ought to be xij foot in bredth only and that it was then more than xx foot in bredth Likewise that the Bishop of Ely and Will. Vennour for his Mannour of Coldham and his Participants for his Tenements in Elme ought and had used to repair one Bridge at Falgote in Leverington which was then in decay And that the Town of Tyd S. Giles ought and had used to clense all the Sewers within the said Town beginning at the Sea-bank and extending to the Fen-bank where need should require As also that the said Town of Tyd ought and had used to maintain two Ward Diches in the same Town called the Threding and Sea dike beginning at Averys trees in Tyd aforesaid and leading to Newfen Dike in the same Town in height six foot and bredth xij And likewise that the said Town ought and had used to repair and maintain one Bank called Martin's fen dike in Tyd aforesaid beginning at Averyes trees and leading to Wesingham brigge in height six foot and in bredth xij And that the Town of Neuton ought to clense all the Sewers within the same beginning at the Sea-bank of Neuton aforesaid and extending to the Marsh Bank where need should require And that the Landholders of the thousand Acres in Wisebeche on the South side of the River and of the three hundred Acres in Elme ought and had used to repair one Pipe at Kikking drove lane in the same Town in height three foot and in bredth eight At the same Session the said Jurors likewise presented that the Sea-bank beginning at Tydde gote in Tydde S. Giles neer the County of Lincolne and extending it self unto Bevys Crosse in Wisebeche aforesaid ought to be fifty foot in height viz. from the first sloping thereof unto the Crest and in bredth at the top six foot and that all the Landholders in the said Town of Wisebeche as also in Leverington Tydde S. Giles and Neutone every one according to his proportion did use time out of mind to repair maintain and make the said Bank and so aswell by the said Custome as by the judgment and assignation of certain Justices of Sewers in the time of the King's Progenitors were obliged to do according to the quantity of their Land Whereupon forasmuch as it seeming meet to the said Commissioners both by the Verdict of the Jurors aforesaid and by their own view thereof all parties concerned therein then appearing and the Statutes of Romeney marsh in the like cases published being seen and understood they decreed and ordained for the safeguard of all those Towns that every Landholder in them should according to the proportion of his tenure repair maintain and new make the same as often as any defect might happen to be therein according to the proportion of his tenure And they presented that the Landholders in the old Market of Wisebeche aforesaid did use time out of mind to repair maintain and new make a certain Sea-bank from Beuvise Crosse unto the great Bridg of Wysebeche on the West part of the River of Wyse aforesaidâ— viz. every man against his own Land and that the same Bank ought to be in height ten foot and in bredth at the top xij Whereupon the said Justices for the considerations aforesaid did decree the same accordingly and that no one should cast dung or any thing else into the said River nor make stamps nor lay Sege-rekes nor Dunghills from Geyhirne to the Sea upon the brink thereof whereby the current of the water might be straightned or stopt upon penalty of xxs. to be paid to the Bishop by him or them in whom the defect in repairing maintaining or new-making of the said Ditch or any other the Ordinances or Statutes aforesaid should for the future be found as often as the same should be And they also said that the Landholders of the Town hende of Wisebeche on the North side of the River Use had used and ought time out of mind to repair maintain and new make a certain Bank called the Gebrynck from the great Bridge in Wisebeche unto Sozâ—l dyke And that the Landholders in the Fen hende of Wisebeche did use for all the time aforesaid to repair maintain and new-make a certain Bank called the New dyke from Sozel dyke to Gye hirne and another Bank called the Fen dyke reaching from Gey hirne aforesaid unto Piggesdrove Crosse and that the Landholders in the Fen hende of Wisebeche were not able to repair the said Banks of New dyke viz. from Sozeldike to Gey hirne and the Fen dyke from Gey hyrne to Piggesdrove Crosse. Whereupon the said Commissioners decreed that aswell the Landholders from the Townhende on the North part the River of Weyse as the Landholders of the Fenhende of Wisebeche should thenceforth repair maintain and new make the said Bank viz. the Sea-bank called the Ebrynke on the North side of the
made higher by three foot 120. And that Guyhirne gole be banked with a Bank of xvi foot and in height x foot by all the lands lying in Wisbeche between Sorcel dike and the high Fendike On the 12th of Iuly in the same 13th year of Qâ—een Eliz. reign it was thus ordered by Robert Bell Ieffrey Coleville William Hunston Robert Balam William Brian Richard Nicholas Thomas Hewar and Henry Hunston Esquires Justices of Sewers for the Countrey of Marshland in the County of Norffolf and for the Borders and Confines of the same viz. Forasmuch as Bishops dyke within the Isle of Ely is greatly decayed by the abundance of fresh waters which hapned this last Winter the like whereof was never seen within the remembrance of man to the great decaying and impairing of Broken dyke being one of the defencâ—-Dikes for salvation of the whole Country of Marshlande to the great peril of the drowning the said Country of Marshland and to the utter undoing of all the Landholders of the East side of Elme between the said Bishop's dike and Broken dike if the said Bishop's dike be not sufficiently repaired and amended in time the experience wherof was too manifest this last winter to the great losse of a number of the Queen's Majesties Subjects the misery whereof is unspeakable it is therefore condescended and agreed by the said Justices That the Landholders of Elme within the Isle of Ely aforesaid between Nedeham dyke and Broken-dyke aswell for that the Countty of Marshland may the better repair and maintain the said Broken dike this last Winter decayed by the means of the overflowing of the said Bishop's dike as also to be without charge of making and defending of the said Broken dike the said Broken dyke being maintained which cannot be if the land there remain surrounded still and so thereby no profit to be reaped by the Owners of the same land shall have license to issue out the water of Oldfield between Needham dike and Broken dyke at the Gote or Pipe already laid on Broken dike not far distant from Blewick's house and to issue into Marshland by the direction of Mr. Balam Mr. Hewar and Mr. Henry Hunston through Emneth and Walsoken in the highest parts of Marshland Provided that when it shall be thought by any two of the Justices aforesaid or by any four of the chiefest Landholders of the Country of Marshland then resiant within the said Country that the same water running underneath Broken dike is hurtfull to the Country of Marshland or to any part thereof or that it shall be perceived by any two of the said Justices or by any four of the chiefest Landholders of the Country of Mershland aforesaid that the Charge bearers of Bishop's dike be negligent in the well defending the said Bishops dyke or that the Landholders of Oldfield do not sufficiently from time to time maintain and keep Needham dike or lay any Gotes or Pipes in any place of the said Needham dike to issue any water from any part of the South side of the said Needham dike or that any water is received into Oldfield by any way or device to the intent to utter the same at the Gote in Broken-dyke other than the downfall of the Ayre falling into the aforesaid Oldfield that then and at all times afterwards it shall be lawfull for any of the Inhabitants of the Country of Marshland so to cease the running of the water through the same any thing mentioned in this Order or Law to the contrary notwithstanding Or if the owners of the lands which do lye between Needham dike and Broken dike or any of them do refuse to bear and pay all and every such charges to Knight's goole or to any Sewer leading thereunto as the other lands in Marshland do according to the number of Acres and the same to be paid to the Dikereeves in Emneth Or if the Owners and Landholders of Oldfield do not from time to time well and sufficiently repair and maintain aswell the said Gote or Pipe lying underneath or through Broken dike as also as much of the Bank or Dike called Broken dike alias Oldfield dike as the same Gote or Pipe is in length or bredth Or if the same Gote have not two strong dores viz. at each end one always in readinesse to be shut or stopped when occasion shall serve at or before the day of S. Michael the Arch Angel next ensuing the date hereof and from time to time thenceforth to continue and keep the same in good reparations or else to cease as is aforesaid At a Session of Sewers held at Wisbeche 22 Aprâ— xvi Eliz. Ordered that the Causey called Norwol dam shall be raised with gravell three foot higher than it is at the costs of the Hundred of Wisbeche saving a way to be left of xii foot in bredth with a Bridg over the same as heretofore hath been accustomed which Bridg to be made at the costs of the Bishop of Ely Also that Longe's drove in Elme shall be made sufficient to keep out Says field water by the Landholders of Oldfield In An 1576 xviii Eliz. was the first Improvement of Needham Buriall fields lying within the Precincts of Upwelle by an Agreement of the Landholders there on the xxiiiith day of Iune in the same year at which time they setled an Acre-shot of six pence the Acre for defraying the charge thereof And about two years after this at a Session of Sewers held at Erith brigge viz. 4º Augusti xx Eliz. it was ordered by the Justices that there should be a Bank made from Marysse dike unto Bishop's dike alias Lovedays dike over the River of Elme to be in height eight foot in bredth xii on the upper part and in the bottom xxxii foot as also a Clouse at Marisdam but so as Boats might passe through the same And likewise that the Bank beginning at Keâ—ismill and extending to Guy hirne and so by Coldham to Fryday bridg in Elme should be repaired so that the height thereof might be six foot the bredth in the bottom xxiiii foot and at the top 8 foot At a Session of Sewers held at Wisebeche upon the 12th of Iuly in xxiii Eliz. it was thus ordered that whereas the Common called Ladwers lying in Elme is drowned for want of a Crest that there be a Crest or Bank made beginning at Tylneyhirne and so leading to the New Leame thence by the River of Nene to the Horshooe thence to Marmond land thence to the West end of Langbeche adjoyning unto Bishops dike which Bank to be xii foot in the bottom in bredth 4 foot at the top and in height 5 foot And that the Sluse upon Marys dam shall be taken up and when the said Bank is made then to be set at New Leames end As also a convenient Tenement built meet for a man to dwell in for the keeping of the same And it was likewise
in bredth two and a half This County of Huntendon being then a Forest the Regardors did in 34 E. 1. by virtue of the King's Precept make this following Presentment at the new Temple in London viz. that the Tenants of the Abbot of Ramsey in the Town of Ramsey the Tenants of the Abbot of Thorney in Wytlesheye and the Tenants of the Prior of Ely in Wytlysheye had wasted all the Fen of Kyngesdelfe of the Alders Hassocks and Rushes estimated at a thousand Acres so that the King's Deer could not have harbour there as they had before that perambulation Likewise that the Towns of Stangrund and Farsheved had wasted the fen of Farsheved of the Alders and Rushes estimated at an hundred Acres Also that the Abbot of Thorney had made a Purpresture in the said King's Forest within Farsheved fen and inclosed the same with a double Ditch on the side towards Farsheved which contained in length two miles by estimation and two furlongs in bredth And likewise that the said Abbot had raised a new Bank without the Town of Iakele containing one mile in length against the assize of the Forest. And that Iohn le Wode of Iakele came with the men of Wytlysheye into the Fen of Kynggesdelfe and set fire therein which burnt in length and bredth about four miles by estimation which caused great loss to the King in his Harts Hinds and Goats And likewise that the men of Benewyk had destroyed a certain place in Kyngesdelf of the Alders and Rushes called Hertyngges containing a mile in length and bredth And they likewise then presented that the Banleu of Ramsey began at Humberdale and so went on to Wystowe lowe by the middle of the Town of Wystowe and so to Ranelestone and thence to Ranelesnoge thence to Obmere-bote thence to Scaldemere thence to Ayxschebeche thence to the Newe lode which leadeth betwixt Middilmore and Kynggesdelfe thence to Beaurepeyre thence to Tyrmerekote thence to Pollyngsecote thence to Caldemowchache thence to Goldepyttelade and thence to Homberdale The division betwixt this Forest and the Bishop of Ely his free Chase of Somersham began at the great River scil at the three Willowes and thence extended to Fentone lode thence to the new Bank thence to Fentone Crosse thence to the Mill at Wardeboys thence to Pydelemare thence to Pydele dam thence to Iny mede thence to Kollangeleye thence to the Hanger of Bluntesham and thence to the great River CHAP. LII THis being the last of those six Counties into which the great Level as hath been observed extendeth containeth no more than a narrow skirt of those fens at the utmost point whereof that sometime great and famous Abby of Medeshamstede since called Peterborough was for the like advantages already taken notice of in Thorney and some others first founded by Peada King of the Mercians about the year of Christ DCL and soon after amply endowed by King Wolpherus his Brother and Successor in the government As to its situation and the more exact description of the fens belonging thereto I shall exhibit what Robert de Swasham sometime a Monk of that House saith Burch verò in regione Gyrviorum est fundatus c. Burch is founded in the Country of the Gyrvii for there beginneth the Fen on the East side thereof which reacheth Lx. miles or more in length Which Fen is of no small benefit to the bordering people for there they have wood and other fewell for the fire and Hay for fodder as also Reed for thatching of their Houses with many other necessaries There are likewise divers Rivers Waters and great Meeres for fishing the Country abounding in such things in the best part whereof Burch is seated having on the one side of it the Fen and River and on the other upland ground with Woods Meadows and many Pastures which do render it most beautifull on every part having a meet access to it by land except towards the East on which side without Boats there is no comming to it On the South side of it runneth the River Nene c. And these are the limits of the possessions Pooles Fenns Lakes Fishings Lands c. which King Wolphere gave thereto that the Monks therein placed might freely serve Godâ— viz. from Medeshamstede to Norburch and thence to a place called Folies thence directly through the main Fen to Esendic and from Esendic to the place which they call Fethermute thence directy to Cuggedic ten miles distant thence to Raggewiâ—c five miles to the principal stream which goeth to Elme and Wisebeche and thence for the space of three miles up the said principal stream to Trochenholt thence directly through the vast Fen to Derevorde in length xx miles thence to Grecescros thence by a fair current called Beadan Ea six miles to Paccelode and so through the midst of many Lakes and spacious Fens in Huntendonshire together with the Pooles and Lakes called Scelfremere and Witlesmere and several others to them belonging as also with the Lands and Houses which do ly on the South side of Scelfremere and all within the Fen to Medeshamstede and thence to Welmesford and so to Clive and Estune and from Estune to Stanforde and thence as the River runneth to Norburch before-specified But touching the improvements made here by Banking and Drayning I find little in particular till of late time whereof I shall speak anon this being the utmost Corner towards the high land which the fresh waters for want of a cleer and perfect evacuation overflowed the Banks and Sewers conducing to the exsiccation thereof having been cut from the River Nene through Cambridgshire towards their most antient and natural out-fall at Wisebeche CHAP. LIII Observations upon the Commissions and Statutes of Sewers Having now done with those particular endeavours of Banking and Drayning within the precinct of the Great Level in order to the bettering that surrounded part of the Country I come lastly to speak of that eminent and signal undertaking viz. the general winning thereof by Banks and Sewers a work certainly of no less honour to the first Adventurers therein than beneficial to the present and future Age. But before I begin therewith it will be proper I conceive by way of preparation thereto to make some short observation upon the antient Commissions and most notable Statutes of Sewers And first touching the Commissions the antiquity and extent whereof do sufficiently appear in the precedent discourse I shall briefly note First that the King ratione dignitatis suae Regiae ad providendum salvationi Regni sui circumquaque fuit astrictus c. for those are the words therein was by the prerogative of his Crown obliged to see and foresee to the safety of his Realm Secondly that by virtue of them the Commissioners might enforce the neglecters of their duty by distress of their goods and likewise fine and imprison the dissobeyers of their Orders as appeareth by those words viz. ad
xxvi of September in a Session held at King's Linne in the County of Norfolke there was another Law of Sewers made called Low fen and UUalsingham fen Law the tenor whereof is as followeth viz. Whereas there are about 1300 Acres of low grounds lying together in the several Parishes of Upwell and Outwell in the County aforesaid between Popham River on the South and the Bank called Bardyke and Churchfield dike on the North and Outwell Crest towards the East which are preserved from overflowing by the said Crest and by the Bank on the North side of Popham river aforesaid which low grounds may be drayned c. And that the repairing of the said Crest and of the North Bank of Popham River will be a defence to the new Powdich and a great preservation to the Countrey of Marshland And whereas the drayn from Plawfield in Upwell to Hodghyrne and there falling into Rightforth lode and thence by a Sluse neer Stow bridge into the River of Ouse is very defective c. which being repaired would be sufficient to drayn all those low grounds We do ordain and decree c. that it shall be lawfull â—or the Landholders and Commoners of and in the said low grounds c. to drayn them through the said Sewer And we do farther ordain that the said Sewer from the said Sluse to a place called West head shall be diked c. ten foot broad in the bottom at the least and in depth proportionable c. And from thence to UUelle river x foot broad and 5 foot deep and the greater part of the menure to be cast on the South side of the said Lode from UUest head to the East end of Hodg hirne for the making of a sufficient Crest to hold the waters within the brink thereof And that there shall be placed in the North end of Churchfield dike in Outwell a Sluse of Brick with a tunnel of two foot broad and three foot high with a dore to be pulled up shut c. And from the said Sluse a Drayn or Sewer to be made under Churchfield dike on the East part thereof to the North end of Champney-Corner And from thence to continue the same Drayn in an antient Dike between Outwell Common on the North c. to North delph Upon Tuesday being the 8th of October following in the night tide the Dam made by Mr. Hunt for Coldham a little below Stow bridge broke up and on Wednesday being inwardly taken with a little light Moor broke again So likewise on Thursday being taken with earth between Planks set end-wise it brake again and continued running till Sunday Oct. 13. At which place there assembled that day Sir Raphe Hare and six other Commissioners who laying the command of the work and order of it upon Mr. Richard Hunt he with the assistance of the Country took it in hand and made it firm before the return of the next Tide But as we see by how little was done in this and most of the precedent years that the general Drayning went but slowly on notwithstanding the King himself as also the Lords of the Council and those Gentlemen who were constituted Commissioners for that purpose had so earnestly endeavoured the speeding thereof so was there now such a stop for the space of five years at the least that there nothing appeareth of consequence to have been farther prosecuted therein by reason of the opposition which divers pâ—rverse spirited people made thereto by bringing of turbulent sutes in Law aswell against the said Commissioners as those whom they imployed therein and making of libellous Songs to disparage the work of which kind I have here thought fit to insert one called the Powtes Complaint COme Brethren of the water and let us all assemble To treat upon this matter which makes us quake and tremble For we shall rue it if 't be true that Fenns be undertaken And where we feed in Fen and Reed thei 'le feed both Beef and Bacon Thei 'l sow both Beans and Oats where never man yet thought it Where men did row in Boats ere Undertakers bought it But Ceres thou behold us let wilde Oats be their venture Oh let the Frogs and miry Boggs destroy where they do enter Behold the great designe which they do now determine Will make our bodyes pine a prey to Crows and Vermine For they do mean all Fenns to drain and waters overmaster All will be drie and we must dye 'cause Essex-Calves want pasture Away with Boates and Rodder Farewell both Bootes and Skatches No need of t'one nor t'other men now make better matches Stiltmakers all and Tanners shall complain of this disaster For they will make each muddy Lake for Essex Calves a pasture The fethered Foules have wings to fly to other Nations But we have no such things to help our transportations We must give place oh grievous case to horned Beasts and Cattell Except that we can all agree to drive them out by Battell Wherefore let us intreat our antient water Nurses To shew their power so great as t' help to drain their purses And send us good old Captain Floud to lead us out to Battel Then two-peny Jack with Skakes on 's back will drive out all the Cattel This noble Captain yet was never known to fail us But did the Conquest get of all that did assail us His furious rage none could asswage but to the Worlds great wonder He bears down banks and breaks their ranks and Whirly-giggs asunder God Eolus we do thee pray that thou wilt not be wanting Thou never saidst us nay now listen to our canting Do thou deride their hope and pride that purpose our confusion And send a blast that they in haste may work no good conclusion Great Neptune God of Seas this work must needs provoke thee They mean thee to disease and with Fen-water Choake thee But with thy Mace do thou deface and quite confound this matter And send thy Sands to make dry lands when they shall want fresh water And eke we pray thee Moon that thou wilt be propitious To see that nought be done to prosper the malitious Though Summers heat hath wrought a feat whereby themselves they flatter Yet be so good as send a floud lest Essex Calves want water Upon great complaint therefore of these their doings made to the Lords of the Council I find this Order made by them bearing date at White Hall upon the 8th of November in the xiiijth year of the said King's Reign viz. That whereas sundry vexatious sutes had been brought against his Majesties Commissioners of Sewers and their Officers by divers obstinate persons for executing the Orders c. of the said Commission to the great hazard of the inundation of many large Levells in the Counties of Northt Hunt Cambr. and Linc. That the said Lords well weighing these undue proceedings and the antient Laws of this Realm evidenced from divers notable Records in
the very point questioned as also the continued practice of antient and latter times and likewise the opinion in writing of the Lord Chief Justice Popham upon the Questions touching the Authority and power of the said Commission viz. first whether the said Commissioners have Authority to cause new Banks Draynsâ— or Sluces to be made whâ—re none have been before Secondly whether they may lay a Tax upon any Hundred Town or the Inhabitants thereof in general and not impose it upon every particular man according to the â—uantity of his land or Common Thirdly whether they may commit to prison such as disobey their Orders c. and Fourthly whether that Actions of false Imprisonment Trespass and other Proces at the Common law have been brought against the Commissioners or their Officers for executing their Decrees Orders c. Their Lordships finding in their wisdomes that it can neither stand with Law nor Common sense that in a case of so great consequence the Law can be void of providence to restrain the Commissioners in making new works aswell to stop the fury of the waters as to repair the old where necessity requireth it for the safety of the Countrey or to raise a charge upon the Towns or Hundreds in general which are interessed in the benefit or loss with attending a particular admesurement of Acres where the service is to be speedy c. Or that a Commission of so high consequence to the Common-wealth and of so antient Jurisdiction both before the Statute and since should want means of coercion for obedience to their Orders c. whereas upon the performance of them the preservation of thousands of his Majesties Subjects their lands goods and lives doth depend and plainly perceiving that it will be a direct frustrating and overthrow to the Authority of the said Commission if the Commissioners c. shall be subject to every sute at the pleasure of the Delinquent c. Their Lordships ordered that the persons formerly committed by that Board for their contempts concerning this cause should stand committed untill they release or discharge such their Actions c. Saving nevertheless any complaint or sute for any oppression or grievance before the Court of Sewers or before the said Council board if they receive not Justice at the said Commissioners hands And that Letters be written to the Commissioners to proceed in their several Commissions c. And in pursuance of this general work the said Lords of his Majesties Council sitting at White Hall the ixth of May then next following orderd 1. That a Sluse must necessarily be made at the out-fall of Wisbeche River into the Sea at the charge aswell of the high-Countries as the low to be rated by the Commissioners of Sewers 2. That the River of Wisbeche and all the branches of Nene and Westwater â— be clensed and made in bredth and depth as much as by antient Record it shall appear they have been or where that cannot appear at the discretion of the Commissioners 3. That Weland be also scoured c. from the out-fall to Waldram Hall at the particular charge of the owners and their Tenants As also the River of South Ea from Crouland to Guy hirne by those that of right ought to do it and that till that be done Clows crosse drayn shall run 4. And that things to be farther done therein be referred to a new Commission of Sewers to be procured at the indifferent charge of the Countries therein mentioned After this viz. upon the xth of September the â—ame year in a Session of Sewers held at Wisebeche before Francis Lord Russell and other his Majesties Commissioners it was inter alia ordered That London lode should be dam'd up at Welle-Causey and that Popham Ea be made a perfect Sewer with Banks on both sides according to a former law for height bredth and strength and so continued for ever And that so much charge as the charge of the Banks on both sides of London lode and of the lode it self whereof they are dischardged by this Order shall be imployed upon the making and maintaining of the Banks and Sewers of Popham Ea the same to be rated by the Commissioners of Sewers And that the said Commissioners shall also consider what charge is to be imposed on those who by the old law were chargable towards Small lode and to allow the same upon Popham Ea c. Whereupon Sir Henry Hobart Knight then Lord Chief Justice of the Common Pleas being then advised with and likewise assisted by divers of the Commissioners of Sewers delivered his opinion touching this Drain called Smal lode as followeth viz. 1. That it is an old forsaken Sewer not known within the memory of man to have been in use and so grown up that the very tract thereof is not in many places discernable and that it is also uncertain whether the proper out-fall thereof should be towards the Ouse as an exemplyed Law of 39. Eliz. appointeth it or to Wisbeche River as some Presentments much more antient do declare it 2. That the scouring thereof hath antiently belonged to the owners of lands adjoyning now pertaining to Sinolphus Bell Esquire and others but for the reasons aforesaid not put in charge till the said Law of 39. Eliz. ordaining it to be opened and to have its fall by the new Powdich into Ouse 3. That by a Law made ix Iac. grounded upon a view and open debate in Sessions it was ordained to be dam'd up as unnecessary 4. That Popham Ea though a new Sewer is of such use in respect of its largeness and situation that it alone sufficeth as many think both to discharge the waters descending thither from the high Countries and those also of the grounds drayned by London lode that there is no use of this Smal lode 5. That therefore those lands adjoyning which belong to the said Sinolphus Bell and others be discharged from its repair c. Reasons confirming this opinion So long as the outfall of Wisbeche had its perfect being the whole River of Ouse had there its perfect outfall from whence the Town seemeth to have taken the denomination viz. Ouse or Wisebeche Thither then came the first Branch of Ouse from Erith by the course now callâ—d the West water to Benwick where meeting with a part of Nene which then was very small the greatest passage being in those days by Crouland South Ea Wride stream and other Courses about Thorney fell together by Great Crosse or Plant-water to the North Seas at Wisbeche The other part at Ouse being the second Branch fell down from Eryth to Harrymere and there meeting with the River Grant from Cambridge passed so united to Ely thence to Litleport Chair and so by Welney and Welle to the said North Seas at Wisbeche where it met with the former Branch from Benwick Then as it seemeth there was no River between Litleport Chair and Rebbech which is a
in from them Whereupon the business being heard at large there ensued this following Order upon the ixth of April the King himself being present and likewise the Commissioners viz. That the Undertakers should on Tuesday following exhibit in writing what it was that they promised to effect and to specifie what they would demand as a recompence for their labours c. Which accordingly was done the Propositions of the Undertakers delivered in unto the Commissioners being as followeth viz. 1. That they did intent really to perfom the work of drayning of the Fens without any tax upon the Country excepting the deep Meers and Pools c. which were under the Levell 2. That when the work should be done they would assure competent Land for ever to stand lyable for ever to maintain and repair the same 3. To effect this Drayning within 3 years after a perfect Contract made with his Majesty for such lands as should be a competent recompence for their costs and pains and the same Land set out by Metes and bounds in severalty and sufficiently assured to them their Heirs and Assigns for ever c. 4. That in order to this work they would open the out-falls of Nene and UUeland and make those Rivers navigable as high as Wisbeche and Spalding 5. And lastly not to forget to preserve the Navigation between Cambridg and Lynne In recompense whereof they demanded these proportions in the several Fens hereafter expressed viz. 1. Of Buâ—rough great Fen one third part 2. Burrough little Fen Eye-Fen and Flag Fen. a sixth part 3. Crowland Fen 3 pieces a fourth part 4. Thorney fenns a half part 5. Wisbeche high Fen Sutton and Throcknall a third part 6. Fens on both sides of March River between Darcey lode on the South and Needham fen North 2 third parts 7. Wittlesey fens 1 half part 8. Stanground 1 fift part 9. Ramsey fens 1 half part 10. Huntingdon Fenns on the West of Ramsey by the River of Nene on the North up to Yaxley and the skirts on the South and VVest one half part 11. Huntingdon Fens from Eryth bridge up to Ramsey by the West-water and the River of Nene East and North one third part 12. Donington Fens in Common one half part 13. Donington Fens in several one sixt part 14. Fens between the West-water VVest Sutton lode in the Isle of Ely and Coveney drain South Oxwillow lode East Coxlode and Chateriz lode North together with Chateriz Fens on the other side to Donington one third part 15. Hunney fen one tenth part 16. Sutton and Hadenham fens one eighth part 17. Grunty fen one third part 18. A Fen by Sutton lode and Coveney between Dounham Hards one fourth part 19. Downham Wode fen and other Fens of Ely between Litleport grounds and the Ouse Elie-uplands and Scarlet tree lode one half part 20. Litleport Fens on both sides the Ouse one third part 21. Other Fens between Darcy lode North Welney river East one third part 22. Fens in Upwell and Outwell one half part 23. Fens between Welney-river and Welney Causey one half part 24. The Hale and Mr. Hawe's fen one half part 25. Fens on the North of Stoke River to the great River between Helgay and Stoke one fourth part 26. Fens between Stoke River North and Brandon River South one fourth part 27. Fens between Brandon River North and Mildnall River South and Litleport Fens West one third part 28. Fens between Mildnall River and the great River up to Harrymere and the Uplands of Isseham Fordham and Soham one fourth part 29. Soham Fens by Wicking hards on the South one sixt part 30. Fens between Wicking hards on the South Homyng fen Quye and the River of Grant West one fourth part 31. Fens on the South of Quoy compassing of Fulberne field one fourth part 32. Fens between the River of Grant East and the Hards of Milterne UUaterbeche and Denny Abby West and so extending West between the River of Ouse on the North and the hard land South up to S. Ives bridge and a part on the other side of Ouse between Erith and S. Ives one eighth part of the better one fourth part of the worse 33. Fens or drowned Lands on the North side of Wisbeche 2 third parts The Answer of the Commissioners to these Propositions That they had no power to take away any mans land without his voluntary assent And that the authority which they had by their Commission to which they were strictly bound was only to rate the charge of every particular man towards any such general work according to the profit which every such person should receive by the same And forasmuch as 't was impossible to be discerned before the work were finished who should have profit thereby or how much they could not legally procure any such assurance before hand But if the Vndertakers would be constant to their Propositions which themselves had before that time at divers Sesions of Sewers published viz. that they required no other recompence for their intended work than a moity only of the cleer profit which by their sole industry and charge they should bring unto each particular owner of these surrounded grounds more than formerly was received they should be ready as at the first to give the said Vndertakers all lawfull furtherance and assistance Provided that before they begun their work they gave security that they would not impair the Navigation in the Rivers of Ouse and Grant Vpon which terms if the Vndertakers did refuse to proceed the said Commissioners offered to do the work themselves according to the antient course and legal power of their Commission VVhereupon ensued this Order of the Lords of the Council by reference from the King made upon this Answer of the Commissioners bearing date at White Hall 12 Iulii An. 1620. 18 Iac. 1. That according to an offer then made on the part of the Country good security should be given to the Undertakers for a moity of the cleer profits which by the drayning should be improved upon every man's ground above the rate that then the same was valued at and that the security should be partly from the Owners and partly in case of Common by aid of the Commissioners with this Condition that the lands and parts of each County should be rated by the Commissioners of the said County 2. Concerning Prejudice of Navigation in the Rivers of Ouse and Grant it was ordered that the Undertakers being agreed with for their security in form aforesaid they should shew unto the Country the means they intended in the drayning of these Levells And therefore if the Countrey should find it either prejudicial to Mershland or otherwise and present their Reasons to the Board their Lordships concurring therewith all farther proceedings to be stayed 3. That consideration should be had that particulars receive no damage by this drayning but that the Owners have satisfaction out of those that were to receive
Swinshed upon the xi of August then last past upon full debate and consideration of the former Decrees and consideration of a true and perfect scedule of all the Fens c. comprised in a Decree of Tax bearing date at Boston upon the second of March in the eighth year of the said King Charles from Kyme Ea South-wards aswell within the parts of Kesteven as Holand to the River of Glen being part of the said Level mentioned in that Decree made at Sleford c. it did at that time appear to the said Commissioners and then to those present Commissioners at Boston that that part of the Level amounted to thirty six thousand Acres or thereabouts And recitall being likewise made that whereas at the said Session of Swineshed it was proposed that the severals within the said Level lying from Kyme Ea to the River of Glen might not contribute any part of land to the making up of the said quantity of fourteen thousand Acres but that the whole proportion should be taken out of the Fens and Commons And in a Session of Sewers held at Bourne upon the xith of August the next year following there was a speciall assignation in what particular place in each of the Fens before-specified the quantities so decreed as aforesaid should be set out and a certain mistake concerning Poynton fen rectified Which said several Decrees viz. that at Sleford 2 Iunii 11 Caroli that at Boston 29 Martii 12 Car. and this at Bourne 11 Aug. 13 Car. were afterwards in a Session of Sewers held at Sleford 25 Sept. 14 Car. ratified and confirmed And in another Session held likewise at Sleford upon the xiiijth of March then next ensuing the Commissioners receiving information by the said Earl that he had then effectually drayned all the lands between the River of Glen and Kyme Ea containing more than thirty five thousand Acres and taking view of them with all the Sluses Banks Sewers c. therein did so adjudge thereof and that he had made a full performance of his said undertaking And lastly in another Session held at Sleford also upon the 14 of Iune next following reciting and confirming all the former Decrees And that whereas but three thousand Acres were by the said Law of Sleford made 2 Iunii 11 Caroli decreed for the perpetual maintenance of the works within the said whole Level and that the said Earl had nevertheless at the instance of the Commissioners condescended to ty the said fourteen thâ—usand Acres for the perpetual maintenance of the said works made between the River of Glene and Kyme Ea over and above the Rent of iiijd the Acre thereupon reserved to be paid out of the said fourteen thousand Acres in case the said iiijd. the Acre should not be sufficient they decreed and ratified the same accordingly After which the said Earl and his Participants having been at no less than fourty five thousand pounds charge therein did inclose build inhabit plant plow sow and reap two years without disturbance but the third year divers clamorous Petitions were exhibited to the Parliament then sitting by the Country people Whereupon after examination of Witnesses Orders were granted from both Houses to quiet the possession of the said Earl and his Participants and to secure their Crops then upon the land Nevertheless the Petitioners in contempt of all entred and destroyed the Drains and buildings as also the Crops then ready to be reapt to a very great value and have ever since held the possession to the great decay and ruine of those costly works and exceeding discommodity to all that part of the Country CHAP. LVI The East and West Fenns NOrthwards of this Fenny part of the Country called Lindsey Levell are divers other Marshes lying towards Waynflete the greatest whereof are called by the name of the East and West Fenns Upon a Writ of Ad quod Dampnum in 41 Eliz. concerning the Drayning of these Fens it appears that the East fen lying betwixt the parts of Holand and Lindsey was found to contain five thousand Acres or thereabouts and that the one half thereof being the Skirt Hills and Out-rings might conveniently be drayned but the other half consisting of deeps for the most part could not be recovered and moreover that the Commons and Severals pertaining to the Towns confining on the said Fen did then amount to the number of three thousand and four hundred Acres or thereabouts all which were at that time surrounded Whether any thing was done at that time towards the drayning of those Fens I am not able to say but in 6 Caroli 15 Maii there was a Decree made in a Session of Sewers held at Boston by Robert Earl of Lindsey Lord great Chamberlain of England Edward Earl of Dorset Lord Chamberlain to the Queen Iohn Shorey Mayor of Boston Sir Robert Killegrew Vice-Chamberlain to the Queen Sir Robert Bell Sir Iohn Browne Knights Robert Callice Serjeant at Law and others which Decree makes this following recital viz. that there was a Law of Sewers made at Boston 7 9 Apr. then last past by the said Sir Robert Bell and others whereby it appeared that the grounds hereafter named were overflowed with fresh waters viz. Dockdike hurne from Armitage Causey and Howbriggs East to the River of Witham VVest and from the said River of Wytham South to Hawthorne North from the East end of Hundell house grounds and so along by Raydyke to the North side of Moorhouse grounds from thence by Marcham Revesby East Kirkby and Hagnaby to Hagnaby gate from thence along by Bar loade banck and the West end of Stickney Severals to Stickney Graunge From thence on the North side of Westhouse grounds along to Blacksyke from thence on the North side of Medlam to Gamock stake from thence directly to the East end of Hundel house grounds from Stickney graunge Southwards on the VVest side of the severals of Stickney and Nordyke gate East to Nordyke stream South and the West fenne VVest wherein is included Westhouse grounds the low grounds belonging to Stickney grange and Thornedales from Norlands lane along between Sibsey severals aâ—d the new Drayn to Hale Causey from thence along to the Shottells And that all these grounds as also the grounds mentioned in a Verdict heretofore given up at a SessioÌ„ of Sewers held at Boston aforesaid 16 Ian. An. 1629. viz. the East fenne extending in length from the severals of Wainflet on the East to the severals of Stickney on the VVest and in bredth from the severals of Waynflet Friskeney Wrangle Leake and Stickney on the South and the severals of Stichford Keales Toynton Halton Stâ—ping and Thorpe on the North were for the most part surrounded grounds And likewise that certain severals and Commons of divers Lords and Owners belonging to Waynflet and Friskeney lying between a bank called Fen-dyke bank on the East and East fen on the VVest and abutting
charge of each man according to the proportion of his lands And they moreover decreed that all the Sewers belonging to every hamlet of Wisebeche from the Fen-banks to the Sea-bank should be well scoured and clensed at certain times in the year by those who antiently used to scour them so that the water might have its course to the Sea without any impediment and that all the Bridges Clows Pipes and Gutters within every of those Towns be repaired and clensed well and sufficiently in all places needfull by those unto whom they belonged as aforesaid so that no loss might accrew to any person whatsoever for default of such repair And that all Banks called Wardyches betwixt every Town of the said Hundred should be raised higher repaired and maintained well and sufficiently by those unto whom they appertain as aforesaid viz. in bredth xvi foot and of a fitting height to stop the water of each Town from other so that no damage might accrue to any of them for want thereof upon penalty oâ— xls. to be paid to the Bishop of Ely for the time being And likewise that all the Crests aswell betwixt every Field as bordering on all the Sewers of each Town within the said Hundred should be raised higher repaired and maintained well and sufficiently in height bredth and thickness by those also to whom they belonged upon the like penalty of xls. to be paid to the Bishop of Ely for the time being And that no man thenceforth should presume to cut or cause to be cut any Wardiche or Crest within any of the Towns of the said Hundred under the like penalty of xls. to be paid to the said Bishop of Ely as often as there should be an offence of that kind committed And that the river of Wisebeche should be scoured and enlarged in all places defective from Gye hirne to the Sea as often as need required by all the Landholders within the said HuÌ„dred of Wisebeche each man according to the proportion of his holding And the said Jurors also presented that the Bank called Grenedyke of Welle which beginneth at the Stone Cross in Welle and extendeth to Sewalesclote in Welle should be raised and repaired higher than it was at that time by two foot and in bredth xij by the Landholders in Budbeche each man according to his proportion And that the Abbot of Bury ought to repair one Bank in Welle leading from Sewalesclote in Welle to Lakebrigge and make it higher than it was at that time by two foot and in bredth at the top eight foot And that the Landholders in Sayerfâ—ld in Welle ought to repair a certain Bank in Welle called Thornedyche from Lowndesâ—rove to the Stone Cross in that Town and to make it higher by two foot than it was at that time and in bredth eight foot And that a certain drove in Welle called Mâ—â—sdrove leading from Grenedyke unto Pyldrove be made higher by three foot than at that time it was and in bredth xij foot by the Landholders in Budbeche within the said Drove And the said Jurors also presented that there then was and had antiently been a certain Crest in Uppewelle called Pysdrove leading from Grenedike in Uppewelle unto the great River of Welle aforesaid which Crest ought and had antiently been made and repaired by the Landholders in the said Town of Uppewelle And they said that it was necessary for the safeguard of the parts adjacent that the said Crest should be made perfect and higher than it was at that time in the lowest places by three foot and to be eight foot in bredth at the top And that all persons having Landâ— or Tenements in the Field called Rudbeche in Outwelle and Uppewelle ought to repair a certain Gutter neer unto the messuage of Simon King in Outwelle aforesaid whereby the water of Rudbeche might run into the great River of Outwelle And they also said that for the safeguard of the Lands within the said Field of Rudbeche â—hat the same Gutter ought to be new made with Stone by those persons who had Lands or Tenements in the said Field of Rudbeche Whereupon the before-specified Commissioners did decree and ordain that the said Bank called Grenedyke as also that leading from Sewalesclote to Lakebrigge and the Bank called Thornedyche with the Droves called Meysdrove and Pyisdrove should be raised and repaired in manner and form above-specified by the said parties each man according to the proportion of his tenure as often as need should require and likewise that the said Gutter lying neer the messuage of Simon King should be new made of stone by the parties abovesaid And they moreover presented that the Bank called Elmfendiche beginning at Kekysmylle and leading to Benstedehyrne hence to Tilnâ—y hirnâ— and thence to Mareysdam in Elme ought to be raised three foot higher and to be sâ—x foot in bredth at the top according to an antient agistment And that the Bank called Redmoredyke in Elme beginning at Coldham Câ—ouse and leading to Fryday brigge in the same Town ought to be well and sufficiently repaired by all the Landholders in Redmoresfield and Walyschâ—feld by new agistments to be thereof made and to be made higher by four foot than it was at that time and eight foot in bredth at the top As also that the Bank which beginneth at Fryday-brigge aforesaid on the Westside of the River and reacheth to Maryesdam ought to be made three foot in height more than it was and to contain eight foot in bredth at the top And they also presented that the Bank called the Gebrynke in Elme on the East side of the River there beginning at S. Gilâ—s Drove and extending to Fryday brigge and from thence to Mareysdam ought to be repaired and raised higher than it was at that present by three foot and to be twelve foot in bredth at the top and this to be done by the Landholders in Oldfield and Needham according to an antient agistment And that the Bank called Nedham dyche in Elme beginning at Thornedyche in Welle and extending to Coldham Kyrfe in Elme ought to be repaired and raised higher in all the low places thereofâ— so that it might be equal to the Bank of Iohn Blewyk which is upon the same Dyche And they likewise presented that all persons having Lands abutting upon a certain Sewer in Elme which leadeth from the hades of the Lands in Nedham from Fryday brigge to Knytesdyke in the same Town and thence to S. Christophers Chapel in Outewelle and thence to the Clow at the Stone Cross in Outewelle ought and had used to repair and scour the said Sewer at the hades of their Lands so that the water of Nedeham might have its course to Wellescholle And that all men having Lands betwixt Fryday brigge in Elme and Grenedyke in Welle and betwixt Bishopisdyke and Nedehamdyke in Elme ought to make and repair one Clow as sufficiently as it could be done to stop the water of Outewelle in the Winter