of the learned that Country now a fair and dry habitation hath been Sea almost as far as Tongerne CAP. IX HOLSTEIN IN Holsatia likewise about Dithmarsh and the tracts of Wilstar and Crempen consisting of Low grounds and subject to inundations Iohannes Adolphus Duke of Holstein beginning in the year MDCx by notable works within the compass of five years sâ—cured many thousand acres improved the lands above three hundred thousand Dollars which being effected he parcell'd them out by gift or sale unto his Subjects reserving out of every portion a Rent unto himself Tantum territorii subditis amicis cessit ea lege ut vel aggeribus cingatur vel ab aquis intestinis liberetur hinc quotannis celsitudinis suae aerario certus Canon pro quolibet demeto numeretur as the learned Schoneveldeus reporteth CAP. X. AMERICA NEither do we want examples of this nature in America For the City of Mexico being seated in a great Lake much subject to inundations which had almost destroyed it in the year MDCxxxiiii the Spaniards with mighty industry secured that habitation by turning the Lake and so laying the City dry CAP XI HAving now done with my observations of the most remarkable Bankings and Draynings in Forein parts which by way of Introduction I thought fit to be taken notice of I come to England that being the place of my farther designed discourse on this subject Wherein for my more orderly proceeding I do purpose to begin with Kent in respect of it's Eastern situation and in it first with Romney Marsh a spacious tract in that Country and more antiently secured from the inundations of the Ocean than any other part of this Realm as may seem by the Laws and Constitutions for regulating it's repair which have been long ago made the Rule and Standard whereunto all the other Marshes and Fenns in this Nation were to conform And in the next place to take a view of the other heretofore surrounded Marshes in that County aswel adjacent to the Thames as bordering on the Sea And having so done to ascend up the stream of that fair River on the South-side And then descending on the North side to observe what I have met with which is memorable in reference to any Marshes that lye on either Thence into Sussex Somersetshire Gloucestershire Yorkshire and Lincolnshire and lastly to that great Levell which extends it self no lesse than Lx. miles and into six Counties viz. Cambridge Huntindon Northampton Norfolk Suffolk and Lincolnshire wherewith I shall conclude this work How long since or by whom this fruitful and large tract containing no lesse than twenty four thousand Acres was won from the Sea there is no testimony left to us from any Record or Historian that ever I could discover Which defect doth strongly argue that the first gaining thereof was a work of the greater antiquity 'T is true that munire viam is a phrase used by Cicero for the paving a way or making a Causâ—y And some are of opinion that here the words paludibus emuniendis are to have the like signification and to be construed in making Causeys over the Fens But if it should as I cannot well admit it must be granted that before any pavement or Causeys could be made in such places the water was of necessity first to be taken and kept off by drayning and banking So that allowing that construction what I endeavour to prove will be well enough made good viz. that the bankings and draynings both here and in some other parts of this Realm which were before that time overflowed by Sea-tides was a work of the Romans as when I come to Holland in Lincolnshire and Marshland in Norfolk I purpose more fully to demonstrate And therefore forasmuch as the Romans when they were here in Britain did something in this kind as I shall make more evident in my discourse of Holland and Marshland before specified from undoubted testimonies I cannot but conclude that this Marsh was a part thereof in regard that not long after their desertion of this Country I find mention of it and that it was then inhabited For in the year of Christ DCCXCvi it is thus said of Ceolf King of Mercia viz. that Cantiam vastavit provinciam quae dicitur Mersâ—wari which no doubt is meant this Romney Marsh For the learned Cambden in his Britannia speaking of it saith that in the Saxons time the Inhabitants thereof were called 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 id est viri palustres Marshmen which accordeth fitly with the nature of this place There are who suppose that the name of it viz. Romeney doth declare sufficiently that it was at first won from the Sea by the Romans But Mr. Lambert saith that it was in the Saxons time written Rumen-ea id est the large watry place and since that Râ—menale and Romenale corruptly Consonant to which expression of his I find that the River pasâ—â—ng through this Marsh was antiently called Rumen ea For so it appeareth by that grant of Pleigmund the Archbishop made to Christs-Church in Canterbury about the year of Christ DCCCC in these words Concedo Ecclesiae Christi terram quae vocatur Wefing merse juxta flumen quod vocatur Rumen ea Having now by these circumstantial testimonies shewed that the Romans were they that by their skill and experience in such works of Banking and Drayning did first gain this rich and large tract of ground from the impetutuous Sea-tides I shall now descend to those Statutes and Ordinances which the care and wisdome of succeeding ages did make for the preservation and defence thereof from being again drowned and destroyed by the violent over-flowings of the Ocean That the Common Laws of England whereof we find no original were at first certain Constitutions made by some of the antient Kings and Rulers of this Nation there is none I presume that doubteth though there be no other authority for to back them than long usage and custome The like therefore I suppose were the Statutes and Ordinances for the conservation of this Marsh For albeit we are yet to learn when and by whom they were first framed and composed it is evident from the testimony of unquestionable Records that above four hundred years since they were called antiquas approbatas consuetudines i.e. antient and approved Customes For in 35 H. 3. the King directing his Writ to the Sheriff of Kent and thereby declaring that Complaint having been made to him on the behalf of the xxiiii Jurats made choice of for the conservation of the Marsh and Sea-Banks of Râ—menale importing that whereas in pursuance of their antient and approved Customes they had distrained those who ought of right to repair those Banks according to the proportion of their Tenements for the safeguard and defence of all the Country against the Sea And that he the said Shireeve had made Replevin of the same
said course of that water when need required to make their Ordinances and Laws for preservation of the said Marshes so that alwayes on both parts of that Water-course they should abide by the Ordinances and considerations of the said Iurats as to the prejudice or more safeguard of any mans land notwithstanding any custome whatsoever Saving alwayes the tenour of the King's Charter granted to the Commonality of Romney Marsh and the Ordinance of Henry de Bathe ever to remain in full power and strength Not long after this there hapned certain differences beâ—wixt the Master of the Hospital called God's house in Dover and certain of his Tenants within the Mannours of Hunychilde and Estbrigge in Romenale marsh touching some Banks and Water-gangs upon the Sea coast which the said Master alledged that his said Tenants for the antient demesnes belonging to him in those Mannours as often as need required should at their proper costs repair and maintain against the violence of the Sea and inundations of the Fresh waters For the hearing and determining of which controversies according to the Law and Custome of the said Marsh Iohn de Lovet Robert de Septvaus Master Thomas de Gudinton and Henry de Appletrefeld were by the King assigned Whereupon the parties so at difference weighing all circumstances touching the same put themselves upon the Inquisition of the Country But the taking thereof in regard that the said Master refused that any persons residing in the said Marsh should be admitted thereof and the said Tenants not being content with any Foreiners was delaid to the great damage of those parts as by complaint the King was informed To put therefore a speedy end to the businesse the said King by his Letters Patents dated at Tydeswell xxiiij Sept. constituted Stephan de Pencestre then Constable of Dover-Castle Henry de Appletrefeld and Bertram de Tancrey his Justices for to make farther enquiry thereof But what was done therein I have not seen About four years afterwards the said King Edward the first taking great care for the defence and preservation of this Marsh by his Letters patents bearing date at Westminster xx April in the xviijth year of his reign wherein he hath this observable expression viz. quod cum nos ratione dignitatis regiae per juramentum astricti sumus ad providendum salvationi Regni nostri circumquaque i. e. in respect of his royal dignity and that he was obliged by Oath to provide for the safeguard of his Kingdome round about assigned H. de Apeldrefeld and Bertram de Tancrey to oversee the Banks and Ditches upon the Sea coasts and parts adjacent in the County of Kent which by reason of the roughnesse of the Sea were in many places broken and to enquire through whose default that damage had hapned As also of all those that held lands and tenements in those parts and had or might have safeguard and defence any manner of way by the said Banks and Ditches and to distrain them for the quantity of their said Lands or number of Acres or Carucates according to the portion that they held together with the Bayliffs of Liberties and others of those parts for the repair of the said Banks and Ditches in necessary places as often and where there should be need so that no Land-holder rich or poor of what estate dignity or condition soever he was in case he had defence and preservation any manner of way by the same Banks of Ditches were he within Liberties or without should have favour in any kind Commanding them moreover that in the execution of that businesse they should behave themselves with such fidelity and discretion that aswell the Inhabitants of those places as their lands might be preserved from the like perils and casually worse any Custome through favour by whomsoever it had been introduced notwithstanding And what they should do and ordain therein to certifie the said King thereof under their Seals and the Seals of xxiiij aswell Knights as other honest and lawful men distinctly and plainly And for their better accomplishment of that businesse directed his Precept to the Shireeve of Kent appointing him that at certain dayes and places of which he was to give them notice he should cause to come before the same King's Justices such and so many honest and lawful men of his Bayliwick by whom the truth in the premisses might be the better known and enquired into By virtue also of which Mandate the said Shireeve had command to bring before the said Justices at that time the xxiiij Jurats of Romene Marsh and all the Lords of the Towns therein and such and so many honest and lawful men of all of the maritime parts in his Bayliwick by whom the truth in the premisses might likewise be the better known and enquired of and to do farther what should be ordained in the premisses Which Commissioners came accordingly as also the said xxiiij Jurats together with the Commonality of this Marsh and alleged that K. Henry the Father of the said King Edward by his Charter granted to them certain Liberties in their Lands within the same Marsh and required that those their Liberties might be preserved and nothing accepted or ordained in prejudice of them producing the Charter of the said King Henry in which was recorded the Ordinance of Henry de Bathe And farther declared their approbation of the said Ordinance with the additions thereto in such manner and form as they had before done in the xvith year of this King's reign before Iohn de Lovetot and the said Henry de Apeldrefeld then the Kings Justices as I have at large already shewed whereunto for avoiding repetition I refer my Reader Adding moreover by common agreement to those wholsome Ordinances these ensuing Constitutions viz. 1. That through all other maritime places in the said County lyable to the danger of the Sea the River of Thames or any other water wherein the Marsh Law had not formerly been established and used and that divers perils through defect of Banks and Water-gangs had there hapned Lest therefore for the future the like or worse might accrue 2. That in every Hundred and Town aswell by the Sea coast as bordering on the Thames and other waters in which the Marsh lands are subject to inundation there be chosen and sworn xij or six lawful men according to the largeness of the Hundreds or Towns who have lands in danger of the Sea the Thames other waters Which men to be assigned keepers of the Banks and Water-gangs in the Hundreds Towns aforesaid who upon their Oath shall keep safe the saidâ— Banks and Water-gangs and when and as often as need requireth repair them As also shall in respect of the raging of the Sea raise the said Banks higher by four foot at the least than formerly they were and make them of thickness answerable to that height 3. For the reparation of which Banks and Water-gangs when need
distresses commanded him that in case he had so done he should return them back to the said Guardians and permit those Jurats to use their Customes and Liberties for the defence of themselves and others against the Sea as they ought and had wont to do lest farther complaint should be made thereof and that by him any peril might come to the said K. Kingdome because as the same Mandate expresseth they are ready to exhibit Justice to every Complainant according to their Customes to that time obtained and used and likewise to abide the Law as they ought and had wont to do if they had in any thing transgressed against those usual Customes By which precept he was moreover forbidden to make any future replevin by virtue of whatsoever Writ from the said King quia necessitas defensionis talis inopinata si venerit saith the Record legi communi vel justitiae subesse non poterit i.e. because the unforeseen necessity of such defence in case it should happen cannot be subject to the Common Law or Iustice Nay so tender was the said King for the preservation and security of this famous and fruitful Marsh that the next year following by his Letters Paâ—tents bearing date at S. Edmundsâ—ury the second of September directed likewise to the Shireeve of Kent making this recital viz. that because xxiiij lawful men of the Marsh of Rumenale elected and sworn for that purpose time out of mind ought to make distresses upon all those which have lands in the said Marsh for the repairing of the Banks and Water-courses thereof against the violence and danger of the Sea and upon all others which are obliged and bound to the repair of the said Banks and Water-courses he granted to those xxiiij that for the security of the said Marsh they should make those-distresses so that they were done equally according to the proportion more or lesse which each man had therein and according as some of them were obliged and bound And therefore commanded the said Shireeve that for avoiding of perill he should neither by himself nor his Bayliffs meddle with the distresses so made by the appointment of the said xxiiij Jurats Farther signifying that whosoever should make complaint to him upon consideration of the said distresses he would do him Justice in his own Court and reserve that Justice to himself or his own special Mandate But after this viz. in the 41 H. 3. it being represented to the said King by certain of his loyal Subjects that whereas time beyond memory judgements ought to be made by xxiiij lawful men of the Marsh of Romenalle to that purpose chosen and sworn for the distraining of all those which had lands in the said Marsh to the repair of the Banks aud Water-courses of the same against the force of the Sea and peril of inundation by other waters as also of all those who were otherwise obliged or bound to those repairs he the said King by his special Precept bearing date at Mertone the xvith of April directed to Henry de Bathe a famous Justice Itinerant of that time reciting his Letters Patents next above mentioned with the power thereby given to the said xxiiij Jurats touching the taking of distresses as aforesaid and signifying that the said xxiiij Jurats having had opposition and resistance by certain persons of the said Marsh who were obliged to the repair of those Banks and Water-gangs according to the quantity of the lands which they had therein were not able to make the before-specified distresses Whereupon the said Banks and Water-gangs being not repaired the inundations from the Sea and other waters overflowed this Marsh to the inestimable damage of the said King and the Inhabitants thereof Being therefore desirous to provide for his own Profit and Indempnity and the men of the said Marsh he constituted the said Henry de Bathe his Justice to hear and determine the controversies touching those repairs risen betwixt the said Jurats and the Marsh-men who were so obliged to the same repairs according to the quantity of their Lands and Tenements lying therein and according to what some men were otherwise bound or obliged commanding him that at a certain day and place to be by him appointed he should be in those parts to hear and determine the said controversies and to provide for the security and defence of the said Marsh as aforesaid And moreover to signifie in writing distinctly and plainly unto him the said King what he had done therein that the same might be inrolled And directed likewise his Mandate to the Shireeve of Kent that at a certain day and place to be assigned by the said Henry he should cause such and so many honest and lawful men of this Bayliwick to come before him by which persons the said differences might be the more fitly determined and provision for security of the said Marsh the better made And that the said Shireeve should personally assist and attend the said Henry therein as he the said Henry on the said King's behalf should enjoyn him By authority of which Precept the said Henry de Bathe with his associates viz. Nicholas de Hanlou and Alured de Dene sate at Romenhale upon the Saturday after the Feast of the Nativity of the Blessed Virgin in the said xlii year of King Henry the third before specified to which place the said Shireeve of Kent his assistant by virtue likewise of the said Writ then brought thither so many and such lawful men of his Bayliwick as aforesaid by whom these differences might be determined and provision for the safety of the said Marsh the better made And the said Henry at the request of the Councel of the Commonality of the said Marsh then and there likewise being and none of the Marsh-men gain-saying it made and constituted these following Ordinances viz. That twelve lawful men should be made choice of by the Commonality of the said Marsh viz. six of the Fee of the Archbishop of Canterbury and six of the Barony who being sworn should measure both the new Banks and the old and those other which ought to be new made the measure to be by one and the same perch scil of xx foot And that afterwards the said Iurats should likewise according to the same perch measure by Acres all the Lands and Tenements which were subject to danger within the said Marsh. And all the said measure being so made that then xxiiii men first elected by the Commonality and sworn having respect to the quantity of the Banks of those Lands which lay subject to peril upon their oaths to appoint out every man his share and portion of the same Banks which should so belong to him to be made and sustained so that according to the proportion of the Acres subject to danger there should be assigned to every man his share of perches and that the said assignation should be made by certain limits so that it might be known
Richard de Horne Stephan Wettenham Iohn Franceys and Hamon Wodeman were put in Commission for to supervise the Banks in this Marsh from the Town of Hethe all along the Sea-coast unto Apuldre as also in other Marshes within this County viz. from the Haven of Romney to Promhill Church and thence by the Sea coast to Apuldre before mentioned they being at that time in decay in sundry places thereof Which King viz. Richard the 2d out of his special care also for the safeguard of this Marsh having viewed the Charter of his Royal Ancestor King Edward the first wherein aswell that of King Henry the 3d whereof I have taken notice in it's due place as that memorable Ordinance of Henry de Bathe likewise before repeated are recited did not only make Confirmation of them both but farther out of his Princely favour by the assent of his Councel at the request of the Inhabitants of the said Marsh granted for himself and his heirs to the Bayliff and xxiiij Jurats which then were and that thenceforth should be that they as also their heirs and successors should for ever have this Liberty viz. they and every of them to be exempt from serving at any Assizes on Juries Inquisitions or Recognitions aswell within this County of Kent as out of it excepting in what should relate to the said King or his heirs And that they nor any of them should be Shireeve Eschaetor Bayliff Collector of Tenths or Fifteens or of any other Subsidy Chardge Tax or Tallage to be granted to him the said King or his heirs or any other Officer or Minister to him or his heirs aforesaid against their own good will during the time that they or any of them should be in the said Office of Bayliff or one of the Jurats aforesaid And the reason of this his Royal grant for such immunity he there declareth viz. that by their absence the whole Marsh as he had been informed might be overflown in a very short time and so utterly lost and destroyed to the infinite peril and damage of all his liege people in those parts In like manner and with the like recitals at large did King Henry the 4th and King Henry the sixth confirm the said Charter of King Henry the 3d and the so often mentioned Laws and Ordinances of Henry de Bathe concerning this Marsh Adding the like Liberties and Privileges as King Richard the second by his Charter last before observed did Which said Laws with all others relating to this Marsh as also the Customes thereof were grown at length so famous that the said King Henry the sixth in the 6th year of his reign by the advice and assent of the Lords spiritual and temporal and at the special instance of the Commons of this Realm then assembled in his Parliament holden at Westminster having considered the great damage and losses which had often hapned by the excessive rising of waters in divers parts of the Realm and that much greater was like to ensue if remedy were not hastily provided And thereupon ordaining and granting that for ten years â—â—â—n next ensuing several Commissioâ—s of Sewers should be made to diverâ— persons by the Chancellor of Engâ—and for the time to come in all paâ—ts of this his Realm where should be needful the form of which Commission is there recited amongst other things gave unto the said Commissioners special power and direction by that Act to make aud ordain necessary and convenable Statutes and Ordinances for the salvation and conservation of the Sea-Banks and Marshes and the parts adjoyning according to the Laws and Customes of this Romney Marsh. And after the expiration of the said ten years by Act of Parliament in 18 of his reign continued the same form of Commissions So also in 23. The like did K. Edw. the 4th in 12º of his reign and K. Henry the 7th in 4º of his And now having thus manifested how great a care and regard the successive Kings of this Realm had for divers ages of this famous Marsh I will cloze up what I have farther to say thereof with that notable Charter of King Edward the 4th bearing date at Westminster 23º Febr. in the first year of his reign whereby he incorporated the Bayliff and Jurats thereof the tenor whereof is as followeth viz. That whereas he the said King held himself obliged to take care of the defence of this his Realm and his loyal Subjects thereof from what place soever especially those who lay neerest to the first assaults and attempts of his Enemies And considering that many Towns and places situate neer the Sea had been laid waste by the spoils and burnings of the said Enemies and through the affrights of the Inhabitants who thereupon forsook them left unhabitable and desolate Thinking it therefore most necessary to repair the said Towns and places or to new build others neer unto them and being so built to endow and arm them with Liberties and Privileges that being so fortified they may by the peoples recourse to them be made more powerful and strong for the better safeguard of the whole Country And considering that in this Marsh of Romeney in the County of Kent which is situate neer to the Sea there was not at that time such a plenty of people and inhabitants as were wont to be But were it better defended there would a much greater confluence resort thereto and dwell therein for the more safeguard of the whole Country as he the said King had been informed from the credible relation of the Inhabitants of the said Marsh and other parts adjacent Taking therefore the premisses into consideration of his special grace and favour at the instant request of all the Commonalty and Inhabitants within the said Marsh as also for the preservation thereof and more security of the adjacent Towns he gave and granted to the said Inhabitants residing within the limits and bounds thereof that they should be one body in substance and name and one Commonalty perpetually incorporate of one Bayliff and xxiiij Jurats and the Commonalty of the said Romeney Marsh in the County of Kent for ever And that the said Bayliff Jurats and Commonalty shall have a continual succession and they and their successors for ever called termed and named by the name of the Bayliff Jurats and Commonalty of Romeney Marsh in the County of Kent And that they and their successors shall be persons proper and capable in Law to purchase Lands and Tenements and other Possessions whatsoever to themselves and their successors to enjoy iâ— Fee and perpetuity And that that they shall have a common Seal for their affairs and businesses relating to them the said Bayliff Jurats and Commonalty and their successors And shall plead and be impleaded answer and be answered by the name of the Bayliff Jurats and Commonalty of Romeney Marsh in the County of Kent in every of the said King's Courts and the Courts of
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
Symond Knight Roger Ashburnham Stephan Betenham and Iohn Broke were constituted Commissioners to view and repair the Banks c. betwixt Beauclif and Sturdesâ—ale And Will. Horne Will. Makenade Stephan Betenham and Iohn Lynet for those betwixt Fairfeld and Apuldre By which Commission the said VVilliam and the rest had authority given them to take so many Carpenters with other Artificers and Labourers as should be needful for repair of those Banks Ditches c. upon competent wages for their work therein in respect of the great and urgent necessity for making good the said Banks c. with all expedition In 10 R. 2. Simon de Burley then also Constable of Dovor Castle c. Robert Bealknap Thomas Garwinton and Iohn Colepepir had the like Commission for the Banks c. lying betwixt Faversham and Sandwiche And in 12 R. 2. Sir Iohn de Cobham Knight Sir Thomas Fogge Knight Sir Arnold Sauvage Knight with others were appointed to view and repair those Banks which were in the Marshes of Thanet as also betwixt Reculvre and a certain place called S. Mary Clif and farther specially directed by their Commission to hear and determine all things concerning the premisses according to the Law and custome of Romeney marsh to that time used As also to take so many Ditchers with other Workmen and Labourers as might be needful for the said work upon fitting wages to be paid to them for the same and this in respect of the great and urgent necessity for the dispatch of that work The next year following Iohn VVadham VVill. Horne Will. Makenade Stephan Betenham and Iohn Lynet were constituted Commissioners to view and repair the Banks c. betwixt Fairfelde and Apuldre and Snargate then broken with the violence of the Tides and to proceed therein according to the Law and Custome of this Realm of England and the Custome of Romeney marsh In 17 R. 2. the like Commission was directed to Iohn Colepepir Will. Makenade Stephan Betenham Thomas Brokhelle and Nich. Potyn for the view and repair of those Banks c. which were betwixt the Cities of Canterbury and Rochester and to act therein according to the Law and Custome of this Realm and of Romeney Marsh. So also in the same year the like to the said Iohn Colepepir Iohn Septvaus Will. Elys Will. Tydecoumbe and Richard Bartelot for those betwixt the said City of Canterbury and Sandwiche and to act therein as aforesaid In 22 R. 2. Stephan Betenham Robert Oxebregge Will. Berton and Thomas Ikham had the like appointment for those Banks c. lying betwixt the Town of Ebbene in Oxene and the Town of Brensete So also had VVill. Makenade Stephan Betenham VVill. Bertone VVill. Bertyn and Henry Horne in 1 H. 4. for those upon the Sea-coast betwixt the Towns of Smallyde and Promhelle And in 2 H. 4. VVill. Rykhill VVill. de Makenade Stephan Betenhamme Iohn Colepepir VVill. Bertone VVill. Elys Thomas Ikham and Iohn Martyn of Derteforde for those Banks c. situate between the Towns of Grethe and Sandwiche In all which Commissions special care was taken that they should proceed according to the Law and Custome of this Realm and the Custome of Romney Marsh. In 3 H. 4. the King directing his Letters Patents to the inhabitants of the Isle of Shepeye wherein taking notice of a certain Sea-bank therein extending it self from a place called Tremmodferye unto another place named Cothelles which before the building of Quenesburgh Castle being only four foot in bredth and afterwards by Edward the third late King of England for the advantage of Carts and Wagons passing from the before-specified Ferry to the said Castle was made thirty foot broad had suffered so much decay that scarce a single person could then go upon it and that the said Inhabitants were not able to repair the same without some assistance from others by the advice of his Councel granted unto them for their better help in undergoing the said work these several Customes to be for the space of the three next ensuing years assessed and collected viz. for every Horseman being a stranger that should come into or go out of the same Isle by the said Bank id. And for every Footman an half peny For every loaded Horse id. and every one empty an half peny In 10 H. 4. George Ballard Stephan Betenham Rob. Oxenbregge Vincent Fynche Thomas Oxenbrigge VVill. Marchant Iohn May and Iohn Lonsford were constituted Commissioners for the view and repair of the Banks Ditches c. on the Sea-coast and in the Marshes betwixt the Towns of Romeney and Promhull then ruinous by the rage of the Sea and to proceed therein according to the Law and Custome of the Marsh and Law and Custome of this Realm In 13 H. 4. Rob. Clifford Thomas Remys Iohn Martyn Thomas Elys Thomas Marchaunt Iohn VVhitehed and Iohn Bertone had the like Commission for those Banks c. lying betwixt Pekesend and Stonore neer Sandwiche wherein they were commanded to act according to the Law and Custome of the Marsh. In 3 H. 5. Iohn Darelle Roger Rye Thomas Elys Henry Horne and VVill. Marchaunt had the like assignation for those betwixt the Towns of of Smalhede and Romene and to act according to the usage of the Marsh and Law and Custome of this Realm The next year following Iohn Drylond Iohn Brynkle Peter Hall Iohn Salisbury Iohn Pecock and the Shiriff of Kent were appointed in like sort to view and take care of those Banks c. lying in Warde mershe within the Parish of S. Nicholas in Tanet then broken by the violence of the waves and to proceed therein according to the Law and Custome of Romney Marsh. In 6 H. 6. Iohn Bamburghe VVill. Cheyne of the Isle of Shepeye Iohn May Thomas Betyngham and Thomas Groveherst had the like appointment for the Banks c. betwixt the City of Rochester and Whitstaple and for those in the said Isle of Shepeye and to make Statutes and Ordinances besitting the defence and preservation of the Sea-coasts according to the Laws and Customes of Romney marsh as also to do and determine all things touching the premisses according to the Law and Custome of this Realm and the Custome of Romeney Marsh aforesaid And moreover to take such and so many diggers and labourers upon competent wages in respect of the present necessity as should be requisite for that work In 17 H. 6. Iohn Bamburgh Richard Bruyn Valentine Baret Thomas Burges and VVill. Garnet were appointed in like manner to view the Banks c. on the Sea coast from Feyrhede to Hencle then broken by the violence of the waves and to take order for their repair proceeding therein according to the Laws and Customes of this Realm and the Customes of Romeney Marsh And to take Labourers upon competent salaryes in respect of the great necessity as aforesaid
The next year following Richard VVakeherst VVill. Bertyne Thomas Betenham Thomas Hordene VValter Colepeper and Iohn Derham had the like appointment for the Banks c. betwixt Smalhithe and a certain place called the Pendynge and likewise betwixt Farnehille and a Bank leading from Mayteham to Pendynge aforesaid in the Parishes of Tenterden and Rolveldene with power to make Statutes and Ordinances for the preservation of those places according to the Law and Custome of this Realm and the Custome of Romney marsh As also to take so many Diggers and Labourers in respect of the instant necessity as should be needful for that work In 28 H. 6. VVill. Kene Esquire Iohn Bamburgh Stephan Slegge and others were in like fort constituted Commissioners for the view and repair of those Banks c. betwixt the Town of Redyng and Redehille thence to Huntebornebrigge thence to the up-land of Bregge and thence to the said Town of Redyng in the Parishes of Tenterden Apuldre and Wodechirche and to make Statutes and Ordinances c. as abovesaid In 13 E. 4. Sir Iohn Fogge Knight Sir Will. Haute Knight Roger Brent Iohn Fyneux VVill. Brent Iohn Nethirsole and Iohn Hert were in like manner appointed for those Banks c. betwixt Tenterdene and Lyde as also to make Laws and Ordinances c. as abovesaid In 14 E. 4. the King having received advertisement that the Banks Ditches c. lying on the Sea-coast and Marshes betwixt Robertsbrigge in Sussex and the Town of Romney in this County of Kent were by the raging of the Sea and violence of the Tides much broken and decayed to the great damage of those parts and being therefore desirous that some speedy remedy should be used therein did by his Letters Patents bearing date at Westminster 16º Iulii in the year abovesaid constitute Sir Iohn Fogge Sir William Haute and Sir Iohn Gilford Knights and Iohn Elryngton Iohn Brumston Henry Auger Will. Belknap and Robert Oxenbregge Esquires as also Bartholmew Bolney Roger Brent Iohn Fyneux Vincent Fynche Iohn Nethersole and Iohn Hert his Commissioners giving power to any four three or two of them whereof the said Bartholmew Roger Iohn Fyneux Vincent Fynche Iohn Nethersole and Iohn Hert to be one to take view of the said Banks c. and to enquire upon the Oaths aswell of Knights as other honest and lawful men of the before-specified Counties aswell within Liberties as without by whom the truth in the premisses might be the better known through whose default these damages had there hapned and who they were that had Lands and Tenements or common of Pasture or Fishing in those Counties or had or might have preservation and benefit any manner of way by those Banks c. or losse for want of them aswell those that were remote as those that were neer to the danger and to distrain all such according to the quantity of their Lands and Tenements or number of Acres or Carucates proportionable to what they held and so likewise for their common of pasture or fishing and together with the Bayliff of the Liberties and other places of the Counties and parts aforesaid for the repair of those Banks Ditches Gutters and Sewers and to make them or some of them new where need should require And likewise for clensing the Trenches and if cause were to stop them up so that no favour should be shew'd to any person whatsoever rich or poor or of what state degree or dignity soever who might have advantage by the said Banks or detriment for want of them And moreover to make agistments upon the Sea-Ditches for the safeguard of those parts according to the number of acres or perches and as often as it should be needful to renew them And likewise to depute certain diligent and faithfull Guardians for the preservation before mentioned and to hear the Accompt of the Collectors of moneys which were to be levyed for that occasion and for the repair of the said Banks or obstruction of those Trenches And that they the said Commissioners or any four three or two of them whereof the said Bartholmew Roger c. to be one to take distresses either by themselves or others whom they should think fit to depute for that purpose for the arrerage of what ought to have been Collected as often as need should be And also to make and ordain fit and necessary Statutes and Ordinances for the defence of the Sea-coasts and Marshes aforesaid and the adjacent parts according to the Laws and Customes of this Realm of England and of Romeney Marsh. And to hear and determine all the premisses aswell at the said King's sute as the sute of any other whasoever which should come in question before them according to the Law and Custome of this Realm and the Custome of Romeney Marsh aforesaid As also to take and imploy in the said works and repairs as many Ditchers and other workmen and labourers as should be expedient for the works and repairs before mentioned upon competent salaries to be paid to them in that behalf in regard of the great urgent and instant necessity for expedition therein Futrher requiring the said Commissioners and any four three or two of them whereof the said Bartholmew Roger c. to be one to accomplish the premisses in form aforesaid and whomsoever they should find either negligent or refractory in making their proportionable repairs belonging to them to compell them thereto by distresses and amerciaments and such other wayes and means as they should deem most expedient to the end the said defects might be suddainly made good And to cause whatsoever they should ordain and determine therein to be firmly observed acting therein as to Justice appertained and according to the Law and Custome aforesaid Saving to the said King all amerciaments and other things herein to him belonging Whereupon afterwards viz. on the tenth day of April in the xviijth year of the reign of the same King the said Justices were informed that all the Lands and fresh Marshes lying within the subsequent limits viz. betwixt the Marsh called Cowelese towards the North the lands in the Ree leading from the said Marsh to the place call'd Lynkehoke neer Romeney towards the East the way leading from the said place called Lynkehoke by the inside of the Bank at Lyde and through the midst of the high street of that town to Pigwell and a place call'd the Holmestone lying without the Bank called Wikewall the Land of Promhill situate without the Banks called Simondes Wall and Kent Wall and the gulf of salt water running from the Camer unto the said Marsh called Cowelese towards the West excepting the Marshes called the Kete Denecourt mershe and Bourghser's mershe and other Marshes then lately taken in by the before-specified Iohn Elryngton and Richard Gilford Esquires with the Banks belonging to them were dayly subject to the danger of inundation by the Sea and salt water for default of repair and
the Shireeve was commanded to distrain not only the said Bishop and his bondmen but all other persous having Lands between the said Hospital and the Town of Shadwell lying within the before-specified peril for the repair and amendment of the Ditch where the said ground-breach was made by that great floud and likewise to repair the Banks Ditches Sewers and Gutters which by means of that ground-breach were so broken and torn In pursuance of which verdict the said King in the same 18th year of his reign wherein the pleading above-mentioned was assigned Raphe Hereward Robert de Ashele and Iohn de Doure to view the said banks betwixt the before-specified Hospital of S. Katherines and Shadwell and to take order for their repair In the 15th of E. 3. Robert de Sadyngton Thomas de Blaston and Gervase de Wilford had Commission to view and repair the Banks c. on the coast of the said River being within the precincts of Westminster and the parts adjacent betwixt a place call'd the Neyt and Temple-barr in London then broken and in decay by the force of the tides And in 28 E. 3. Will. de Thorpe Will. de Notton Iohn Bray Thomas Ludlowe Will. de Hatton and Thomas Morice had the like Commission for those in the Town of Stebenhethe before mentioned as also upon the River of Lye in the confines of Middlesex and Essex in a certain part of Hakney neer to a Mill called Crachehegge betwixt the said Town of Hakney and the Town of Welcomstowe in Essex In 36 E. 3. Will. de Fyncheden Will. de Wynchingham and others were in like sort assigned for all the Banks c. betwixt the Chapel of S. Katehrine in Middlesex and the Town of Est-Tilbury in Essex So also the next year following were Thomas Morisse Thomas Frowyk and George Fanillore for those banks c. in the Marshes of Stebenhithe Brambeleye and Redclyve and elswhere within the Lordship of the Bishop of London upon the verge of the Thames And in 38 E. 3. Thomas Morice Thomas Frowyk and Iohn Brikclesworth for those in Stebenhithe and Brambeley from the Tower of London to the River of Leye In 41 E. 3. Iohn de Bampton Iohn de Sudbury and Thomas Brette were constituted Commissioners for the view and repair of the banks c. betwixt the before-specified Chapel of S. Katherine and Berkynflete in Essex and to do all things therein according to the Law and Custome of this Realm In 43 E. 3. Thomas de Lodelowe Will. Halden Iohn Sundbie and Iohn Chertsey had the like for all those aswell upon the coast of the River of Leye as of Thames which were in the parish of Stebenhithe So likewise the same year had Solomon Wauter and Nich Cartere for those in the said parish upon the River of Thames only with power to take so many Carpentersâ— and other Labourers as should be necessary for the work upon competent wages In 1 R. 2. Iohn Bampton Will. Rykhill Thomas Aspale and Thomas Mylende had the like Commission for those betwixt Blakewale and the before-mentioned Hospital of S. Katherine In 4 R. 2. Will. Cheyne Helmingus Leget Will. Rykhill and Will Cressewyke for those upon the River of Lye betwixt Stebenhythe and Bramle In 6. R. 2. the Prior of the Hospital of S. Iohns of Ierusalem being questioned for the not clensing of a Ditch neer Mileford for an hundred perches and could not deny but that he ought to do it and therefore the Shireeve of Middlesex was appointed to compell him by distresse for the performance thereof at his own proper chardges In the same year Will. Cheyne Will. Rykhill Iohn Shorediche and Will Cressewyke were appointed to view and repair the banks upon the River of Lye betwixt Stebenhethe and Bramle In 19 R. 2. Will Rykhill Will. Skrene Thomas Cherleton Iohn Shoredyche senior and Iohn Ongham had the like appointment for those betwixt the Town of Stratford atte Bowe and the Tower of London and to perform all things therein according to the Law and Custome of this Realm So also in 22 R. 2. had Will. Thirnyng Will. Rykhill Iohn Cokaine Thomas Charleton Iohn Shoredyche senior and Iohn Ongham the Shireeve of Middlesex being associated to them for the view and repair of those banks c. in Stebenhithe marsh and to proceed therein as aforesaid Which Commission was renewed in 1 H. 4. to all the parties before mentioned exceptiâ—g Iohn Cokayn In 5 H. 4. Iohn Cokain Will. Skrene Thomas Tyldeslegh Robert Rykedon and Iohn Hogham with the said Shireeve of Middlesex had the like And in 9 H. 4. Will. Cheyne Iohn Selman Iohn Profyt and Iohn Hogham and to act therein according to the antient Law and Custome of this Realm In 8 H 6. Henry Somer Robert Frampton Iohn Thwaytes Walter Grene and Alexander Anne were assigned in like sort for the banks c. in the Marshes of Stebenhithe and Walmershe and to make Statutes and Ordinances for the defence thereof according to the Laws and Customes of Romeney marsh as also to imprest so many Labourers for that imployment upon competent salaries as they should see necessary in respect of the imminent danger by the breaches in those banks which required their speedy repair In 26 H. 6. Iohn Fortescu chief Justice of the common Pleas Robert Wellys Abbot of Graces neer the Tower of London Iohn Fyloll Thomas Burgoygne Iohn Wylton Walter Grene Iohn Harpour Robert Tanfield Edmund Plofeld Iohn Eton and Thomas Croxton had the like Commission for the banks c. betwixt the Mill of S. Katherines neer the Tower of London to the Chapel of S. Marie Matfelon thence to the Church of S. Dunstans in Stepenhithe thence to the Church of S. Leonard in Bremley thence to the River of Leye thence to the Thames and thence to the said Mill and to make Laws c. according to the Laws and Ordinances of Romeney marsh as also to imprest Labourers c. as abovesaid Upon an inquisition taken in 27 H. 6. the Jurors presented that by the violence of the tides upon the banks of Stebenhithe marsh a great part of the said banks adjoyning to that marsh was then ruinous and broken through the neglect of the Land-holders there And that through the default of one Iohn Harpour Gentleman in not repairing his bank opposite to Depford strond there was on the Monday being the Feast of the Annunciation of the blessed Virgin in the 26 year of the reign of the said King H. 6. a breach made in the said bank of the before-specified Iohn Harpour for the length of xx Rods unto the land of Iohn Fyloll in so much as a thousand Acres of land lying within the said marsh were drowned And that he the said Iohn and all those whose estate he then had were obliged in respect of their land adjoyning to the
Will. Gascoigne Will. Thirnyng Iohn Cokayn and Robert Tirwhit for those betwixt Stratford atte Bowe and Reynham In 8 H. 5. to Richard Baynard Will. Cheyne Richard Rede and Iohn Cornewailles for those betwixt Stretford atte Bowe and Stretford Langthorn on the South part the Road between those Towns and the River of Thames By both which Commissions they were to act according to the Law and Custome of this Realm In 17 H. 6. to Iohn Bishop of Bathe and Welles Sir Raphe Crumwell Knight Iohn Fraye Nich. Dykson and others for those from Stratford atte Bowe to Horndone thence to Hokley and thence to Tollesâ—ery and Wybergh with power to make Laws and Statutes c. according to those of Romeney marsh and to do all things touching the same repairs according to the Law and Custome of that Marsh As also to imprest so many labourers c. for competent wages as should be needful for that work c. In 18 H. 6. to Sir Raphe Crumwell Knight Iohn Fray Robert Rollestone Clâ—rk and others for all those betwixt the town of Ware and the River of Thames upon the River of Leye In 26 H. 6. to Peter Arden one of the Justices of the Common Pleas and chief Baron of the Exchequer Sir Thomas Tyrell and Sir Maurice Bruyn Knights Iohn Bamburgh Iohn Lymyngton and others for those betwixt Portflete mylle to Reynham flete thence to Reynham Church thence to Wenyngton Church thence to the messuage of Thomas Bernerde and thence to Portflete mylle before mentioned In 30 H. 6. to the Abbot of S. Osithes Iohn Godmanston Esquire Iohn Grene Robert Tanfield and others for those in the Hundred of Tenderyng In 33 H. 6. to Sir Thomas Tyrell Knight Will. Notyngham Robert Heworth Will. Tyrell Esquire Mathew Hay Esquire and Will. Pert for those betwixt S. Katherines Chapel upon Bowe bridge in the Parish of West Hamme unto Est Tilbury In 34 H. 6. to Sir Thomas Tyrell Knight Will. Tyrell junior Esquire Iohn Grene Iohn Geney and others for those within the limits of Stratford atte Bowe to Horndone thence to Hokley and thence to Tollesâ—ery and Wyggeberghe In 1 E. 4. to Will. Notyngham Rob. de Heyworth Thomas Heytone Walter Wretille Esquire and Will. Pert Esquire for those from the Mill called Tempylmylle to the Chapel of S. Katherine upon Bolwebrigge thence to Horndone c. as in the last In 9 E. 4. to Sir Will. Tyrell Knight Thomas Urswyk Humfrey Sterkey and others for those Banks from Est Hamme to Horndone and thence as aforâ—said The like Commission for the Banks in those very places had Iohn Earl of Oxford Sir Will. Tyrell Knight Iohn Grene Thomas Urswyk and others in 49 H. 6. In 16 E. 4. Sir Thomas Urswyk Knight Sir Thomas Montgomerie Knight Sir Iohn Say Knight Iohn Elryngton Will. Alyngton and divers others were appointed to view and take order for the repair of all the Banks c. upon the River of Leye both above and below the Town of Ware unto it's confluence with the Thames And the next year following the said Sir Thomas Urswyk Peter Courtney Clerk Alured Corneburgh Esquire Hugh Bryce and others were in like sort appointed for those Banks from Bowe-bridge to Raynham In all which from 6 H. 6. the said Commissioners were directed to proceed according to the Law and Custome of Romeney marsh and to make Statutes and Ordinances for the regulating of all things touching those Banks Ditches Sewers c. in such sort as those are which concern that Marsh as by an Act of Parliament made in the same 6th year of King Henry the sixth they were impowred which Act continueth in force at this day Forbearing therefore to give instance in more particulars I shall cloze up this Chapter touching the Marshes of the before-specified County with what I have met with touching the levell of Havering and Dagenham at a Session of Sewers held at Romford xvi Maii 36 Eliz. before Sir Henry Gray Knight Sir Iohn Peter Knight Richard Warren Esquire and others where for the recovery of Havering marsh then overflown and drowned and preventing the like to Dagenham levell it was decreed that Dagenham Creek should be immediately inned and that whereas the said drowning had been occasioned by a breach in the wall of Will. Ayloff of Hornchurch Esquire he the said William to pay the summ of â—ive hundred pounds and the Land-holdâ—rs of Dagenham certain rates by the Acre for all their marsh grounds lying in the said levell viz. the Lands on Dagenham side against the said Creeks at CCLxvl. and the Lands in Havering levell the summ of DCCl Howbeit these Banks being not made strong enough to withstand those tempestuous storms and violent tides which hapned in the month of September An. 1621. viz. 19. Iac. Cornelius Vermuden Gentleman an expert man in the Art of banking and drayning being treated withall by the Commissioners of Sewers appointed for the view and repair of the breaches then made undertook the work and pâ—rfected it but such being the perversnesse of those as were owners of the Lands assessed by the Commissioners â—o undergo the chardge thereof that they neglected to pay their proportions thereof upon complaint therefore made to the said Commissioners he the said Cornelius in recompence of his chardges had parcell of the said Lands assigned unto him which assignation was by the Kings Letters Patents bearing date 1º Aug. 1º Caroli reciting the Act of Parliament of 13 Eliz. cap. ix viz. that where any person should be assessed by the Commissioners of Sewers to any lot and refuse or neglect to pay the same the Land to be leased or past in fee simple in recompence to the undertaker confirm'd to him the said Cornelius and his heirs CAP. XVIII HAving now done with the Marshes in Essex of which by reason of their adjacency unto the Thames I thought fit to take notice in this order as I have done I must according to my designed method return Southward and before I come to Sussex of it self observe what I have found touching that County and Kent promiscuously In King Iohn's time upon a sute betwixt the Archbishop of Canterbury Prior of Lewes Plantiffs and Rob. de Denton and others concerning certain Sea-banks in those parts Robert de Marti who was one summoned upon that businesse appeared and did put himself upon the men of the Archbishop in Mauling of the Earl Warren in Pidingho and Metinges for the repair of those banks in such sort as they ought and had wont to be A multitude of Commissions through the reigns of sundry Kings I do find upon this occasion whereof the most are in general terms for the view and repair of the Banks Ditches and Sewâ—rs in both those Counties but some do expresse particularly in what places unto all which I shall briefly point according to the
upon their Oaths that the common Watercourse betwixt Asheburnehamesmyll and Batesford to Godyngeshavene was so obstructed by sand mud grasse and other filth that three thousand seven hundred eighty and three Acres of land were by this stoppage of the course of the fresh waters drowned that it would be necessary profitable for the safeguard restoration of those lands that the common current from Morespicheswalle to the Mark dyke were newly clensed which contained six furlongs by estimation and might be scoured for xij Marks Which Chanel all the Landholders as well above Borham bregge as Rokland Morhale Hoo Ladyland Cralle and of the Land of Christian atte Mershe ought to make clense and scour And they also said that the current from Markdyke to Pevenese bridge contained in length xiij furlongs which being then likewise filled with mud and sand by the ebbing and flowing of the tides might be clensed and scoured according to their estimation for xll. And that there was need of a new Sluse at the said Pevenese bridge in length xx foot in bredth xiiij and in height four foot which might be made for xl. by estimation to the scouring of which Chanel and making the Sluce all the Land-holders above Borham bregge in Brodewyshe and Cornbroke ought to make full contribution and the Land-holders above Tonleghebregge to Condennesbregge half contribution according to the proportion of their lands And likewise all the Landholders on the South side of Morespicheswalle half contribution according to the quantity of their said lands And that all the Land-holders in the marsh of Mankesye Bestenovere Marchalls Bakers and Wykham to contribute for the purposes abovesaid a fourth part for this present occasion but not to be claimed as a due in time to come And they farther said that it would be necessary and profitable for all the Land-holders aforesaid and for the security of Pevense Haven that all the Banks on the other side upon the Saltes from Morespicheswalle to the Sea should be broken and taken away without any impediment of the Tenants of those Banks And they said moreover that if the said Port of Pevenese had not been stopt up with mud and sand by the ebbing and flowing of the Tides so that the fresh water from the said Sluse could not have it's course then would it have been needfull that the said Sluce should be pulled up and set down anew at Wyldemershe betwixt the Sluce of Hoo and the Sluce of Mankeseye and that a new Sewer should be made from the said Sluce so placed anew through the midst of the Lands of Iohn Aske unto the Kokyr of Mankesye allowing for the Land of the said Iohn Aske according to the Law Custome of Romene marsh Also they said that it would be necessary and beneficial for the Abbot and Covent of Begham for his lands at Roklond that they and their successors have one little Sewer with a bolt fastned under the common Water-course into the Brook of Hoo for evacuation of the dead water arising from rain and springs in the said grounds of Roklond and this to be made at their own proper chardges And the said Abbot and his successors to maintain the said VVater-course from that bolt called Morespicheswalle at their own proper chardges And if the said current through the increase of the water should go out of it's course by the neglect of the said Abbot or his successors that then it might be lawful for the Tenants of Hoo to shut up the said bolt untill he the said Abbot and his successors did make full satisfaction to the said Tenants of Hoo for their losses therby occasioned And the said Jurors did likewise affirm that it would be necessary to have one Bayliff one Collector one Expenditor and other Skawers of the most sufficient land-holders who might have power to do all things therein according to the Law and Custome of Romene marsh and to make new Ordinances of Pevense marsh and to return them into the Chancery to be exemplified with the said Kings great Seal so that if the said Sewers or Floudgates should be so repaired they might have benefit and full safety thereby And that in case a proper remedy were not the sooner had therein an inestimable losse would be like to happen within a very short time VVhereupon there was a Precept issued out both to the Constable of Dovor Castle or his Lieutenant and to the Shireeve of Sussex that both of them should give warning to all and every the land-holders of the Tenements within those Towns to appear before the said Commissioners at Marchalleswalle neer the ......... of Pevense upon the Thursday being the Eve of S. Margaret the Virgin then next ensuing to shew what they could say for themselves why they ought not to be chardged with the performance of those repairs according to the proportion of their holding and form of the said Inquisition and to do and undergo what the Kings Court should further appoint in that behalf And accordingly Iohn Colbrond was elected to the Oâ—fiâ—e of Bâ—yliff and sworn to act according to the Custome of the Marsh And Richard Palmere to the Office of Collector and Expenditor and sworn as aforesaid And Thomas Colbrond William Bulke and others to the Office of Skawers and sworn likewise to undergo that Office according to the Law and Custome of the said Marsh. At which day the said Lieutenant to the Constable of Dovor Castle made his return to the before-specified Prior of Michesham and his Fellow Justices that he did summon Iohn Aske Robert Redyng with divers others to appear before them and likewise the Abbot of Begham But the said Iohn Aske and many others appeared not But Iohn Wodelond and some others who did appear were ready to contribute to those repairs c. In 8 H. 4. Sir Iohn Dalingrugge Knight George Ballard Stephan Bettenhamme Will. Snayth Henry Horne and others were constituted Commissioners for the view and repair of the Banks upon the Sea-coast from a certain place called Blakwose in Kent unto Rye in this County and the coasts of the water called Apoldreflete from the Sea to Bodihamme on both sides the said water which at that time were much broken with the Tides And to perform all things therein according to the Law and Custome of England and the Custome of Romeney Marsh. And the next year following the same Sir Iohn Dalingregge Sir Iohn Pelham Knight Robert Oxenbrigge Iohn Hall the elder and Iohn Hall the younger had the like Commission for the Banks upon the Sea-coast betwixt Hastynges and Boxle within the Parishes and Towns of Wyltyng Holyngton Boxle Crowherst Hastynges and Bulwerhythe and to transact all things therein according to the Law and Custome of this Realm In 2 H. 5. upon an Inquisition taken before Thomas Erpyngham Constable of Dovor Castle Will. Brenchesle Robert Oxenbrigge and others for the view and repair of the Banks betwixt Farleghe in
this County and Apulâ—re in Kent the Jurors presented upon their Oaths that there was a certain small Mâ—rsh neer unto the Town of Rye within the liberty of the Cinque Ports called S. Mary Croft containing by estimation xlviij acres of land which could not be well defended against the force of the Tides except an old Gutter therein were stopt up And they said that it would be necessary and profitable for the preservation and clearing of the said Marsh that there were a new Gutter and Seweâ— made beyond the bank of the said marsh and the land of Iohn Chitecrofte in a certain Marsh called Corboylesmarshe containing ........... about a quarter of an acre of land and so to passe into the Water-course coming from Leveshameswall unto the Sluce at Melflâ—t All which said work viz. the stopping up of the old Gutter and making of the new Sewer and Gutter might be performed as they estimated it for xijl. And they farther said that the Land-holders of the said Marsh called S. Marie Croft should pay to the said Iohn Chitecroft for the said land according to the Custome of Romeney marsh for every Acre xls. And they likewise said that the said Land-holders should be lyable to make contribution for their portions towards the diverting of the VVatercourse in Curboylesmarshe for the maintenance of the Sluce there and the Bank beyond the said Sluce not taxed as also to the making of the new Sewer in Curboylesmarsh when occasion should be viz. for every Acre of theirs as the Land-holders of Curboylesmarsh for theirs which water so diverted was not to the hurt or damage of the said Marsh called Curboylesmarshe And therefore the Maior and Bayliff of Rye had command that they should summon the said Iohn Chytecroft to appear before the Lieutenant to the Constable of Dovor Castle at Rye upon the Wednesday next before the Feast of the Nativity of the blessed Virgin to shew c. As also the land-holders of the said Marsh called S. Mary Croft VVho severally said that they could not gainsay but that they were obliged to make contribution according to the Inquisition aforesaid And likewise the said Iohn Chitecrofte who said nothing thereto Therefore it was decreed that the said new Gutter and Sewer beyond the said Bank and over the land of the said Iohn Chitecrofte should be made according to the purport of the said Inquisition and that the said Iohn Chitecroft should have for his said land according to the Custome of Romeney marsh x s In 3 H. 5. Sir Iohn Pelham Knight Richard Wakeherst Robert Oxenbrigge Vincent Fynche Adam Iwode and Will. Marchaunt were constituted Commissioners for to view and repair the banks c. betwixt the Towns of Pesemersh Rye Farlegh and Pette and to do all things therein according to the Custome of the Marsh and the Law and Custome of this Realm So also in 9 H. 5. had Robert Oxenbrigge Henry Hoorne Iohn Halle junior Will. Cheyne and Adam Iwode for those betwixt Ashewalle and the course of the Sea-water running from the town of Rye to Appuldre and Bodyam in the Towns of Wytresham and Stone in Kent and to Idenne Pesemâ—rshe and Bekkele in this County and to do all things therein according to the Custome of Rumney Marsh and the Law and Custome of England The like Commission the same year had Robert Lord Poynings Thomas Prior of Lewes Iohn Preston Sir Iohn Pelham Knight Iohn Darell and others for those betwixt Flecchyng and Seford on the Sea-coast and to perform all things therein according to the Custome of the Marsh and the Law and Custome of this Realm So also the same year had Sir Iohn Pelham Knight the Prior of Michelham Robert Oxenbrigge Adam Iworde Iohn Nelonde and Iohn Halle for those betwixt Hastyngs and Boxele in the Towns of S. Leonard Holyngtone Wyltynge Bexele Croweherst and Bulwerhithe and to proceed therein as abovesaid The like had Will. Westbury Robert Oxenbrigge Iohn Hall Richard Wakehurst and others for those betwixt the Parish of Berghestede on the west part and the parish of Felgham on the East and from those Parishes to Westregate and to do all things therein as abovesaid So also in 1 H. 6. had Sir Iohn Pelham Knight the Prior of Michelham Robert Oxenbrigge and othâ—rs for those Banks betwixt Hastyngs and Bexele as abovesaid And the like had Robert Lord Ponynges Thomas Prior of Lewes Iohn Preston Sir Iohn Pelham Knight and others for those betwixt Flecching and Seford and to proceed therein as abovesaid But in such sort did the said Sir Iohn Pelham and his Fellow Commissioners proceed therein that in 6 H. 6. upon information made to the King that they had by colour of that Commission raised certain new Banks which did so obstruct and hinder the antient course of of those fresh waters that had used to run betwixt the said towns of Hastyngs and Boxle by certain Sewers and Trenches to the Sea that much land was thereby drowned the said King assigned the Abbot of Bataille the said Sir Iohn Pelham Knight Sir Roger Fenys Knight Adam Iwode Iohn Corffe and others to view the same and to take such course for the rectifying thereof as should be consonant to the Custome of the Marsh and the Law and Custome of this Realm In 10 H. 6. Humfrey Duke of Gloucester Sir Thomas Echyngham Knight Iohn Halle Will. Fynche and others were appointed to view and repair the Banks betwixt Farlegh in this County and Derlandes Knokke in Kent and to make Laws and Ordinances therein according to the Custome of Romeney Marsh As also to imprest so many Labourers upon competent wages as there should be cause for to imploy in that work considering the great necessity of expedition therein The like appointment in 12 H. 6. had Iohn Earl of Huntendon Robert Prior of Lewes Sir Robert Poynings Sir Thomas Echyngham Sir Thomas Leukenore Knights Iohn Darell Richard Wakehurst and others for the Banks betwixt Flecchynge and Seford upon the Sea-coast and to proceed as abovesaid as also to imprest such and so many Labourers upon fitting wages c. as abovesaid So also in 21 H 6. had Edmund Mille Will. Sidney Iohn Leyle Iohn Wode Richard Dalingrugge Esquire and Will. Breys for those betwixt the Parish of Berghstede on the VVest part and the Parish of Folgham on the East and from those parishes extending to Westgate And to do all things therein according to the Custome of the Marsh and the Law and Custome of this Realm Tâ—e next year following had Sir Rog. Fenys Knight Richard Dalyngrugge Esquire Iohn Faukes Clerk Iohn Denysh Esquire Edmund Mille and Adam Iwode the like Commission for those banks c. betwixt Hastyngs and Bexele within the Towns of S. Leonard Holyngtone Millynge Bexele Croweherst and Bulwerhithe and to proceed therein as the last Commission directed In 33 H. 6. Richard Abbot of
Bataille Will. Westbury â— Provost of Eton College neer Windsore Iohn Faukes Clerk Thomas Hoo Esquire and Bartholmew Bolney were assigned to view and repair the banks c. within the Precincts of Batesford Ashburnehammesmille Godyngeshaven from Pevenese bridge to Newestclewes of Waltershaven and from Newestclewes by the Sea to the point of Godyngeshaven and from the point of Godyngeshavene to Romestrete and from Romestrete to Bellamsgutte and from Bellamsgutte to Densexgote and from Densexgote to Pykeledbrigge and from Pykeledbrigge to Swynesham brigge and to act therein according to the Law and Custome of Romeney marsh Several other Commissions there were in this King's time and afterwards in all which the Commissioners were directed to proceed according to the Law and Custome of Romeney marsh viz. in 34 H. 6. to Sir Richard Fenys Knight Thomas Echyngham Richard Dalyngregge and Iohn Passele Esquires Bartholmew Bolney and Martin Oxenbrigge for the Banks betwixt Sedlescombebregge in the Parish of Sedlescombe on the VVest part to Snaylham and the place called the Pyke in the Parishes of Brede and Gestlyng on the East part on both sides the common Watercourse betwixt the said Town of Sedlyscombe and Wynchelse In 36 H. 6. to Sir Richard Fenys Knight Sir Roger Leukenore Knight Nicholas Huse Thomas Hoo Barth Bolney and others for those from Coleworthe to Fleghambrigge and thence to the Sea In 37 H. 6. to Sir Iohn Pelham Knight Thomas Echyngham Henry Hall Robert Oxenbrigge and Iohn Copeldyke Esquires Bartholmew Bolney and Martin Oxenbrigge for those betwixt a place called Fodyr and the Town of Wynchelse In 3 E. 4. to Sir Roger Leukenore Knight Will. Sydney Iohn Ernely Thomas Tawcke Humfrey Hewester and Iohn Goryng for those Banks from Coleworthe to the Sea In 5 E. 4. to Sir Thomas Echyngham Knight Barth Bolney Henry Halle Rob. Oxenbrigge and Will. Baker for those from Yham in the Parish of S. Leonards and from Yham to the Lands called Cregge and the Lands of Iohn Fynche In 6 E. 4. to Sir Roger Leukenore Knight Nich. Huse Esquire Iohn Fuyst Iohn Goryng Will. Ernele and others from the water of Coleworth to the Sea And in 14 E. 4. to Sir Iohn Fogge Sir Iohn Scotte Sir Will. Haute and Sir Iohn Gilford Knights Iohn Elryngton Iohn Bruaston Henry Auger Will. Belknap and Robert Oxenbrigge Esquires Barth Bolney and others for those betwixt Roberts brigge in this County and the Town of Romeney in Kent In 17 E. 4. upon an Inquisition taken at a place called Dencourt's marshe the Friday next after the Feast of the Nativity of S. Iohn Baptist xvij E. 4. before Sir Thomas Echyngham Knight Henry Aucher Gervase Horne Robert Oxenbrigge VVill. Belknap Henry Belknap Iohn Bradford Iohn Copeldyke Iohn VVody and Thomas Oxenbrigge Commissioners to view and repair the Banks betwixt the River of Apildoure to Rye on the West part and thence to the Wall called Fresh walle on the East part and the Wall of the Monks of Christs-Church in Canterbury called Newe Walle as far as the lands belonging to the Abby of S. Augustines did reach on the South part the Jurors did then and there present upon their Oaths that it would be very necessary and profitable for the safeguard amendment and clearing of the said Marsh and prevention of drowning to that part of the Country adjoyning thereto that there were a new Bank made from the said VVall called Newe Walle by the Chanel leading from Apyldore to Rye and to the said water called Moreflete and thence to the said place called Freshe-walle as far as the lands then belonging to the Abby of S. Augustines did extend And that the said Bank should be in length from the said VVall called New Walle unto Moreflete aforesaid and thence to the said place called Fresh Wall upon the flat Marsh MCCiiijxx Rods and an half and in Crekes and Flets Lxix Rods. And they say that every Rod of the said Bank upon the plain Marsh might be made for two shillings and four pence and every Rod in the Crekes for xis. And they farther said that within the same Marsh by the making of that Bank there might be saved from the overflowing of the Tides MCCCCxij Acres of good Marsh of which number Miiijxx and two Acres were in Kent and CCGxxx Acres in this County and that all the said Acres in both Counties did lye together and contigious to the bounds of those Counties and adjacent to the said Marsh and that no one Acre could be conveniently taxed to the making of the said Bank without the other the assessment of them having been so time out of mind whereof were Tenants the Abbot of S. Augustines in Canterbury the Prior of Christs-Church in Canterbury Sir Iohn Elryngton and Sir Iohn Scott Knights Iohn Engham Thomas Ian the heirs of Iames Marshall the heirs of Robert Marshall the VVidow of Stephan Dene the heirs of Thomas Thurder and Robert Fermor Of which the Abbot of S. Augustines aforesaid was seized in the right of his Church in his demesne as of Fee in the said Marsh in Kent of CCij Acres the Prior of Christs-Church of Ciiijxx and xvi Acres Sir Iohn Elryngtone Knight of Dxxxiij Acres whereof CCLvi Acres in this County of Sussex Sir Iohn Scott Knight of Lxxiiij Acres in this County whereof VValter Roberd claimed a part but how much the Jurors knew not Iohn Engham of Lix Acres and one Rode of that part which lyeth in Kent Thomas Ian of xix Acres and an half of the like The heirs of Iames Marshall of half an Acre and a Rode The heirs of Robert Marshall of viij Acres and a Rode The VVidow of Stephan Deine of two Acres and a Rode The heirs of Thomas Thunder of xxiiij Acres and Robert Fermour of xxxvi Acres all lying in Kent And moreover the said Jurors affirmed that it was both reasonable and just that all the said Tenants should make contribution every man according to what he held in the said Marsh for the making and maintenance of those Banks And the said Commissioners by the consent of the said Jurors Bayliffs of Franchises and all others who were concerned in the making of the said Banks and repair of them ordained decreed and assessed upon every acre of land within the said Marsh a tax of nine shillings to be paid at the Feast of S. Peter ad vincula and at the Nativity of our Lord then next following by equal portions And they farther said that it would be most necessary and profitable for the preservation and good Government of the said Marsh that there should be chosen one Bayliff and one Collector and other Skawers of the principal Land-holders there who should have power in all things to be done therein according to the Law and Custome of Romeney marsh VVhereupon the said Commissioners by the assent aforesaid made choice of Sir Iohn Elryngton Knight to be Bayliff and
VVill. Newesome VVill. Hundgate Richard de Beverley and VVill. VVandesforde for those upon the River of Hull and parts adjacent from the towns of Etton Lokyngtone Scorburghe Ake and Berghe to Beswyke Wattone Hotone Crauntewyke and Skerene Upon a pleading in the Kings Bench 2 H. 4. it was adjudged that the Chantry Priest of Preston ought to repair and clense a Ditch called Skyrthdyke from Levergote unto Hedon and from Harphoc to Northoc And that the Towns of Brustwyke and Skeklings ought to do the like from Brustwyke Hallebridge to Middle gar and the Town of Ryell from Cambertonwell to Stoke holney land the Shireeve therefore had command to distrain them In 3 H. 4. there was an Inquisition taken by virtue of a VVrit of Ad quod Dampnum touching a Sewer in those parts upon which the Jurors presented that it would be no damage to the King or any other if a new Ditch by the name of a Sewer were made in the Meadows and Pastures of Anlaby xij foot in bredth and v foot in depth measured according to the Kings Ell and in length from a certain VVell called Iulians Welle situate in the said meadows and Pastures of Anlaby to the Waldkerr of Swanland and so descending from the said Waldkerr according to the length depth and bredth aforesaid unto Miton Kerdyke and thence by Miton Kerdike on the North side the pasture of Miton kerr to a certain Ditch then newly made neer to the Road-way which leadeth from the said Town of Kyngeston towards Beverley in length descending to the Ditch called the Town dyke under the VValls of Kingston upon Hull and thence by a sufficient Chanel to the Gate of that Town And that a substantial stop should be there made to keep back the salt water at the end of a certain Ditch lying betwixt the pasture of Swanland called the Wald-kerr and the pasture called Miton kerr as also other stops to be afterwards made whersoever the Mayor Bayliffs and Commonalty of the said Town should think necessary for the preservation of the fresh water and keeping back any salt water from thence for ever And that all such stops so made or to be made to be made and repaired by the said Mayor Bayliffs and Commonality at their own proper chardges without any cavill molestation or impediment for ever By which said Sewer so to be made anew and thenceforth called Iulian dyke all the current of fresh water both from the said spring called Iulian well as of all other currents of VVells in Dernyngham Enges in Anlaby together with the current of a certain Ditch betwixt Dernyngham Enges aforesaid and the North kerr of Anlaby as also the currâ—nâ—s of two springs in Anlaby and Hautempris one in the Ditch sometime of Peter de Anlaby in Anlaby descending thence unto the said Ditch called Iulian dyke and of another spring in the field of Hautempris in the North west Enges descending thence by divers Chanels unto the said Ditch called Iulian dyke to have their course in the said Ditch called Iulian dyke as abovesaid without any diversion or impediments of the said currents to be made for ever contray to the form and tenor of the premisses for the support maintenance and relief of the Town of Kingston upon Hull before-specified In 7 H. 4. Sir Peter de Bucton Knight Will. Gascoigne Sir Alexander Metham Knight Robert Tirwhit Iohn Radenesse Will. Skerne Richard Tirwhit and William Waldby were assigned to view and repair the Banks c. in these parts of Holdernesse and to do all things therin according to the Law and Custome of this Realm and the Custome of the Est Rything of this Country before that time used Upon a suâ—e in the Kings bench 13 H. 4. the Jurors presented upon Oath that there was a certain Water-course which came from the Springhead in the fields of Anlaby by Warlinghamdyke unto the Town of Kingston upon Hull so stopped at the gate of that Town towards Anlaby that it overflowed the Meadows and Pastures of Gerard de Usflet and of the Towns of Anlaby Swanland Hesil and Feriby to the common damage of all those Villages which Watercourse ought to be scoured by the Town of Kingston upon Hull but was not Howbeit in this there was no judgement then given in regard that the Townsmen of Kingston upon Hull pleaded again in Michaelmasse Term 1 H. 5. by reason of the former Kings death In 5 H. 5. Robert Tirwhit Peter del Hay Iohn Ellerker Will. Waldeby Iohn Holme Iohn Disnay Christopher Boynton Robert Rudstane and the Shireeve of Yorkeshire were appointed to view and repair the banks then in decay throughout the whole Est Rithing of this Country and to proceed therein according to the Custome of the Marsh and the Law and Custome of this Realm The like appointment in 5 H. 6. had Sir Iohn Scrope Sir Robert Babthorpe Sir Thomas Brounflete and Sir Henry Brounflete Knights Iohn Ellerker and others So also in 11 H. 6. had Sir Rob. Babthorpe and Sir Rich. Hastyngs Knights Iohn Ellerker Iohn Constabill of Halsham Esquire Iohn Holme senior Iohn Portyngton Robert Rudstane and VVill. Muston with direction to do all things therein according to the Law and Custome of this Realm and the Custome of Romeney marsh As also to imprest so many Labourers upon competent wages to be imployed in that work as should be necessary for the same considering the great and urgent necessity in expediting therof for prevention of farther damage Other such general Commissions for the said Est Rything had these persons hereafâ—er named viz. in 13 H. 6. the same Sir Rob. Babthorpe and his associates In 14 H. 6. Sir Rich. Hastyngs Kt Iohn Constable of Halsham Iohn Ellerker Rob. Hatfield Iohn Portyngton Iohn Holme senior Robert Rudstane and Thomas Wylton And in the same year the said Sir Robert Babthorpe Iohn Ellerker Raphe Babthorp Esquire Guy Roclyff Iohn Portyngton Robert Rudstone VVill. Mustone and Alexander Lounde In 18 of this Kings reign Sir Iohn Constable Knight Iohn Portyngtone Robert Hatfield and Thomas VVilton being constituted Commissioners for the repair of the banks c. within the liberty of Holdernesse and the VVapentakes of Bokeres and Dykering sate at Tiktone upon Friday next after the Feast of the Exaltation of the Holy Crosse before whom the Jurors presented that there was a certain common Sewer in Hornese extending in length from Hornesemare to the Sea and over it a bridge for foot and Horsemen at the East end of Hornese which bridge ought to be in bredth six foot and in length ten and repaired whensoever need should be by the Abbot and Covent of S. Maries in Yorke as it had been time out of mind it being at that time in decay to the great damage of the said Kings Liege people VVhereupon the Shireeve having command to impanel a Jury to enquire c. he did accordingly VVho
appearing said upon their Oaths that there was not then nor ever had been any such common Sewer in Hornese â— as was presented and therefore that the said Abbot and Covent neither did nor had used to repair any such bridge over the same But they said that the said Town of Hornese had wont to repair a certain bridge there of one foot in bredth for foot folk for their own proper useâ— and therefore the said Abbot and Covent was dischardged In 23. H. 6. Iohn Portyngton Sir Iohn Constable VValt Gryffith Robert Hatfield Rob. Rudstone and Thomas VViltone were assigned to view and repair the banks c. within this liberty of Holdernesse and the Wapentakes of Bokeres Dykeryng and Herthill in the Est Rything of this County And to make Laws and Ordinances therein according to the Laws and Customes of Romeney marsh The like assignation in 24 H. 6. had Sir Iohn Constable Knight Rob. Hattefield Alexander Lounde Rog. Rodestone Henry Thwaytes Thomas VVilton and Iohn VVencelagh and to proceed therein as aforesaid So also in 28 H. 6. had Sir Iohn Melton Knight Iohn Constable of Halsham Esquire Rob. Hatfield Alexander Lound Henry Thwaytes and the rest In 33 H. 6. Robert Aunsell Mayor of the Town of Kyngston upon Hull Hugh Clyderowe Iohn Haynson and others were constituted Commissioners for the view and repair of those banks c. from Dripole in Holdernesse to Elytone and to act as aforesaid The like Commission in 37 H. 6. had Sir Iohn Melton Knight Iohn Constable of Halsham Esquire Rob. Hattefield Alexander Lounde Henry Thwaytes Guy Fairfax VVill. Eland and Thomas VViltone for all those within the liberty of Holdernesse and in the VVapentakes of Harthill Dykering and Bukrose viz. on the East part of the way which leadeth from Hesyll to Bayntone thence to Driffelde thence to Bridyngton adjoyning to the said liberty of Holdernesse And in 4 E. 4. Sir Rob. Constable and Sir Iohn Constable Knight Robert Hilliard Iohn VVenslagh Rob. Sheffield and VVill. Eland were assigned to view and repair all those which were then in decay on the VVest part of the said way from Helyll to Baynetone and from thence to Bridlyngtone and thence to the Sea and so in all Holdernesse and other parts on the East and South side of those places So also in 13 E. 4. were Rob. Sheffelde Edward Saltmershe Iohn Copyndale Roger Kelk Iohn Middiltone and Thomas Minskip for those on the East part of that way which leadeth from the Lordship of Lekynfield unto Cotingham and from the Lordship of Cotyngham to Waghene and thence to the River of Hulle unto the Lordship of Eske and also to proceed therein as aforesaid CAP. XXIV FOr the repair likewise of divers banks and Sewers in several other parts of this County there were upon occasion sundry Commissions issued viz. in 16 E. 1. to Thomas de Normanvile and Simon le Conestable touching those upon the Sea-coast and Verge of Humbre And so also the year following for those betwixt the River of Humbre and Lambflete The like Commison in 31 E. 3. had Robert de Herle Thomas de Seton Iohn de Moubray and Will. de Routhe at the request of Iohn of Gaunt then Earl of Richmund a great part of his lands Meadows and Pastures from the Mill at little Hoton to the Towns of Yafford and great Daneby being by the overflowing of the River Wyske for want of clensing the Chanel thereof much dampnified And in 34 E. 3. Robert de Herle Godfrey Fuljaumbe Iohn Moubray and others were appointed to view and repair the Banks and Sewers upon the River of Wyske from Stokedale heved to Brakenbergh and thence to the River of Swale In 38 E. 3. it was by an inquisition found that through the extraordinary overflowings of the river Ouse which broke the banks very much the Mannor of Moranwick was totally drowned And upon a pleading in 44 E. 3. the Jurors presented that the Sewer called Fosse which runneth to the great river of Fosse from a place called the Walbot enge without the Town of Strensale unto the Abbots milne in the Suburbs of the City of Yorke was so filled up with mud and weeds that the rain descending thereabouts could not passe therein as it had wont to do And that it ought to be scoured by the Towns of Strensale Esterwyk Touthorp Haxby Huntingdon and Clifton Neither was it gain-said by the said Towns of Strensale Esterwyk and Haxby but that they ought to clense and repair the same wheresoever their land lay adjacent thereto therefore the Shireeve had command to distrain them In 3 R. 2. Will. Latimer Roger de Fulthorpe Iohn de Clifford Thomas Lovel and Iohn de Sadyngton were constituted Commissioners for the view and repair of the banks c. in the Wapentakes of Bulmere Ridwell and Bridford The like Commission in 6 R. 2. had Henry Percy Earl Northumberland Sir Robert Conestable Knight Sir Peter de Bukton Knight Iohn de Aske Thomas Lovel and Thomas de Beverley for those betwixt Kingston upon Hull and Darwent and the parts adjacent Upon a pleading in 5 H. 4. the Jurors found that there was not any common Road-way in Skakilthorp and Popilton through the pasture of Skakilthorpe and that the Abbot of S. Maries in Yorke ought neither to clense the Sewers there called Fowlfosse nor repair the said way the Abbot therefore was dischardged Upon the like pleading in 14 H. 4. it was also found that the River of Derwent at the Conyngdyke and over against the Calf gate was so obstructed that it did overflow the Meadows of Knapton Skamston and Wintringham and that the Abbots of Rivaulx and his Predecessors ought to scour it But the Abbot having seen the said Presentment and pleading that forasmuch as mention was made in the Presentment that the damage done thereby was only to that Town in which case a particular action lay by the said town against him by the Law of the Land and not to the King except it had been a common nusance which was not supposed by the same Presentment therefore the said Presentment being insufficient of it self he was dischardged In 7 H. 5. Will. de Lodyngton Sir Richard Redmayn Knight Rob. Waterton Rob. Maleverer Guy Roclyff and Iohn Dawney were appointed to view and repair the banks and Sewers betwixt the Rivers of Use and Ayre in this County and to do all things therein according to the Custome of the Marsh and the Law and Custome of this Realm The like in 11 H. 6. had Iohn Archbishop of Yorke Rich. Duke of Yorke Rich. Earl of Salisbury Iames Strangeways Sir Rich. Stanhope Knight Raphe Bapthorpe others for all those betwixt the River of Trente the Kings High way which leads from the town of Ferribrigge unto the town of Worsoppe called Watlyngstrete and thence by the common
Peter de Skremy and Gilbert de Toutheby for those betwixt Grimesâ—y and Boston In 2 E. 3. the Burgesses of Grimesby by their Petiâ—ion to the King and his Council did represent that whereas divers Ships had used in time past to land in that Port with goods and several kinds of Merchandize to the great beneâ—it of the said Town and of the parts adjacent And that the same Port was then so choakt up with mud and filth that they could not come in at all Whereupon they humbly besought him that he would grant to the said Burgesses their hâ—irs and successors for the advantage of that Town the water of Friskeneye near thereto with liberty to cut a Chanel unto their Port through the midst of a certain common of Pasture belonging to those Burgesses which Common was the said Kings soil to the intent that by the current thereof the mud and other impediments might be scouted out of the said Haven The King therefore desiring to be certified whether he might condescend thereunto without any damage or inconvenience to himself or any other did assign Robert de Malberthorpe Peter de Ludyngton and Gilbert de Toutheby to enquire thereof About two years after this the Abbot of Louth parke impleaded divers of the Inhabitants of Somercotes for stopping a certain Sewer there with dung and earth by which means the water overflowed two hundred Acres of his land sowed with Corn there and at Cokerington Whereunto they answered that the said Abbot had caused a certain trench called Skiterfletdyke to be made at Cokerington by which trench the water went out of the before-specified Sewer and passed to Somercotes and drowned the lands and meadows of that Town and that they observing what damage accrued thereby it being made xl years before â—or preservation of the lands belonging to the said Abby did then stop it up for the safeguard of their own lands but what determination was made therein I find not In 8 E. 3. Iohn de Brenkelde Iohn de Crosholme junior Roger de Nevill and Robert de Grenefeld were constituted Commissioners for the view and repair of those Banks and Sewers betwixt Burton Stather and Gaynesburgh In 14 E. 3. the King being informed that there was a certain Sewer called Calsaa in Merskland within this Province of Lindsey which extended it self from a certain place called Herleholme unto the Sea and which had been antiently made for preserving the adjacent parts against the flouds of fresh waters descending that way was then so straightned and obstructed by divers persons inhabiting in those Towns which do lye on each side thereof that the water which ought to passe through it to the Sea could not have such a current as it wont he therefore assigned Adam de VVelle Iohn de Kirketon VVill. de la Lande and Iohn de Brynhill his Commissioners to view the same and to take order for the speedy clearing thereof In 16 E. 3. the said Adam de VVelle Iohn de Hardreshulle Thomas Priory of Markeby Richard Parson of the Church of Wythurne Iohn de Binkhull and Iohn de Somercotes were appointed to view and repair the Banks Ditches and Sewers upon the Sea-coast in the Wapentach of Coleswath The like appointment in 19 E. 3. had Iohn de Wylughby Peter de Scremby VVill. de Lokborne and Iohn de Somercotes for those betwixt Grimesby and Boston In 21 E. 3. the King being informed that the course of the River of Wytherne from Wytherne bridge to Herleholme and so to Thedelbrigg thence to Saltflet Haven was so choakt up with dung and filth as also through planting of Trees on the banks thereof by divers of the Inhabitants thereabouts that the lands and Tenements of sundry persons lying near the said River were overflowed by the fresh waters which could not by reason of those obstructions descend through that Chanel as they had formerly done he therefore constituted Simon Fitz Rauâ—â— Richard de Goushill Iohn Totill of Lincolne and Robert Totill his Commissioners to view the same and to cause it to be enlarged to as great a bredth as it had in times past been of Divers Commissions likewise had divers persons for the view of other banks and Sewers in this Province viz. in 23 E. 3. VVill de Friskeney Alexander de Gibthorpe and Hugh de Braytoft for those near Waynflete In 25 E. 3. Iohn de Willughby Iohn de Orreby Iohn de Kirkton and others for those betwixt Ingoldmels and Germethorpe So also had Gilbert de Umfravill Earl of Angos Iohn de Sutton Peter Bavâ—nt Iohn le Druyne and Will. de Stayne for those upon the Sea-coast betwixt Malberthorpe and Trossethorpe In 26 E. 3. the said Gilbert Earl of Angos Nich. de Cantilupe Will. de Skipwith Robert de Kirkeswold and others for those betwixt Boston and Barton In 28 E. 3. Sir Iohn de Willughby Sir Will. de Toutheby and Sir Peter Bavent Knights Robert de Elkyngton and Stephan Toures for those betwixt Ingelâ—mâ—â—s and Grimesby In 30 E. 3. Will de Skipwith Iohn de Gaunt Adam de Wodethorpe and Robert de Elkyngton for those from Waynflete to Grimesby and to proceed therein according to the Law and Custome of this Realm In 32 E. 3. upon divers complaints then made unto the King that there was a certain Causey called Hildyke which is the Kings High way from Boston towards the River Humbre and divers banks in the Town of Sibceye so ruinous and broken that the men of those parts suffered much damage thereby he appointed Simon Symeon Iohn de Alkebarowe Robert de Elkyngton and Robert Malbys to enquire by the Oaths of lawful men of this Province and of Holand who ought to repair the same The next year following Will. Haâ—lay Rob. de Elkyngton Iohn de Hagh and Rob. Gunnays were assigned to view the Banks and Ditches from Saltflet Haven to Waynflet and to cause them to be repaired where need â—equired The like assignation in 34 E. 3. had Peter Bavant Will. Haulay Rob. de Elkyngton VVill. de Stayne and Thomas de Cumberworth for those from Anderby Haven to the Haven of Germethorpe So likewise in 36 E. 3. had VVill. de Huntyngfeld VVill. de Skypwith VVill. de Swynythwayt and others for those betwixt Wrangle and Grymesâ—y In 37 E. 3. Will. de Huntyngfeld Godefrey de Foljaumbe VVill. de Hauley and others were appointed to view and repair the Banks and Sewers within the Soke of Munby And in 38 E. 3. VVilliam de Skipwith Gâ—defrey de Foljaumbe and others had the like appointment for those from the Town of Wrangill to Barton upon Humbre and to hear and determine all things therein according to the Law and Custome of this Realm In 40 E. 3. upon a Writ of Certiorare directed to Gilbert de Umframvill Earl of Angos and others his
thereupon In the same year also Will. Lord Wilughby Raphe Crumwell Philip Spenser Robert Tirwhit and Robert Cumberworth were appointed to view and repair the Banks and Sewers betwixt Grymesby and Waynflete and to do all things therein according to the Law and Custome of this Realm and the Custome of Romney marsh The like appointment the next year following had the said William Raphe and Philip with Richard Muriell and Albine de Endirby for the same Banks and Sewers and direction to proceed therin according to the Law and Custome of the Marsh. In which year I find it presented that the Sewer called the Ea ought to be repaired from the West end thereof unto the Sea by VValter Athall Fermour of the Duke of Lancaster's â—ishing and VValter Ranson Fermour of the Lord of Dalbye's fishing And that the South-west bank of Lusdyke ought to be repaired by the village of All Saints in UUaynflete As also that the Chanel of Lusdyke from Stordyke unto the Eas end ought to be repaired by the same village And that the Ea from the VVest end thereof unto Normandeepe ought to be repaired by the Fermours of the fishing belonging to the said Duke and to the Lord of Dalby In 1 H. 4. Henry Earl of Northumberland Sir Will. de Wilughby Sir Walter Pedwardyn and Sir Iohn Rochefort Kts Robert Tirwhit Will. Michel and Albine de Enderby had Commission for the view and repair of those Banks and Sewers betwixt Boston and Friskeney with power to hear and determine all things therein according to the Law and Custome of this Realm and the Custome of Romeney marsh and to take so many Diggers and other Labourers upon competent wages in respect of the great and instant necessity as they should think requisite to be imployed in the said work Other Commissions of the like kind were shortly after directed to sundry persons viz. in 6 H. 4. to VVill. de VVylughby Iohn de Rocheford Rob. Elkyngton VVill. de Ludington Thomas Somercotes Thomas de Enderby Iohn Symons and Robert VVhite for those within the precincts of UUrangle to Barton upon Humbre with appointment to proceed therein according to the Law and Custome of this Realm and so likewise in 7 H. 4. to the same VVilliam Iohn Albine de Enderby VVill. de Ludington and others In 9 H. 4. to VVill. Lord VVylughby Sir VValter Talboys and Sir Richard Haunserde Knights Robert Tirwhit Will. de Lodyngton Will. Michel and Thomas Enderby for those betwixt Boston and Trent In 10 H. 4. to Sir Will. de Wylughby and Sir Iohn de Rocheford Knights Will. Lodyngton Thomas Wace Richard de Bradlay and Will. Boleyne for those betwixt Boston and Skegeneys and in divers towns and places within the Sokes of Bolyngbroke and Horncastre with direction to proceed therein according to the Custome of the Marsh and the Law and antient Custome of this Realm In 11 H. 4. to Robert Tirwhit Sir Iohn Rocheford Knight Robert Waterton Iohn Waterton Iohn Skipwyth Will. Lodyngton Richard Tournay Richard Bradley and Thomas Wace for those betwixt Boston and Friskeney and to act therein according to the Law and Custome of this Realm and the Custome antiently used in that place In 12 H. 4 to Robert Lord Wylughby Sir Thomas Wylughby Kt. Robert Tirwhit Robert Waterton and others for those betwixt Boston and UUaynflete with appointment to do all things therein according to the Law and Custome of this Realm The like Commission the same year had Rob. Tirwhit Sir Richard Haunsard Knight Will. Lodyngton Nich. Tournay Thomas Claymond Henry Morley Iohn Skipwith and Robert Feriby for those Banks and Sewers from Littulburgh all along the River of Trent to Humbre and from Bishops brigges on the River of Ancolme to Humbre So also had Thomas VVace Richard Bradley and others for all the Banks and Sewers throughout this whole Province of Lindsey as also for those betwixt Boston and Friskeney before whom sitting at Bullingbrooke on Friday being the Feast day of S. Ambrose the Jurors presented upon Oath that it would be fit for the preservation of the Eastfenne that the Dam of Waynflete be shut throughout the whole year that the salt water being kept out of the wash the grasse and weeds growing therein might be totally destroyed and to be thus stopped up by the towns of the Wapentake of Bullingbroke and the Inhabitants of UUrangle Leake Leverton Benington Butterwik Freston and Tofte in such sort that the water descending from the mountainous parts of Lindsey and running into a certain Sewer called Lusdyke in Lindsey viz. in Thorpe UUainflete and Stepinge should be so kept within the bounds of a certain trench that it might not enter into the said Washe of the Est fenne but keep it course to the Haven of UUaynflete and thence to the main Sea In 13 H. 4. the King by his Attorney impleaded Will. Leveryk of Irby and Isabell his wife for making of a Ditch in a certain place in UUaynflet called Hall dale by means whereof four Sewers which passed the fresh waters from Bullingbroke and other Towns adjacent in Est fenne and UUest fenne became obstructed to the prejudice of the said Kings fishing there and the overflowing of four Acres of his said land In 1 H. 5. Robert Tirwhit Sir Richard Haunsard and Sir William Frank Knights Thomas Enderby Richard Hawe and Simon Louthe were constituted Commissioners for the view and repair of the Banks Sewers and Ditches from Wytherne to the Sea and betwixt Saltfletby and Trusthorpe and to do all things therein according to the Law and Custome of the marsh Divers other Commissions to the like purpose were shortly after directed to sundry other persons viz. in 6 H. 5. to the same Rob. Tirwhit Will. Lodyngton Tho. Cumberworth Roger Flore Thomas Enderby Thomas Somercotes Iohn Kyme and Iohn Langholme for all the Banks and Sewers in this Province of Lindsey In which Commission they had direction to proceed according to the Law and Custome of this Realm In 1 H. 6. to the same Robert Tirwhit Thomas Santone Robert Feryby Robert Wasselyn Henry Morlay and Thomas Belwode for those betwixt the Rivers of Trent and Ankholme wherein they were to act according to the Custome of the Marsh and the Law and Custome of the Realm In 4 H. 6. to Sir Robert Wylughby Sir Raphe Crumwell Sir William Crumwell and Sir Raphe Rochford Knights Walter Talboys Robert Tirwhyt Iohn Kyme Richard Hawe and Iohn Veere for all the Banks Ditches and Sewers throughout this coast of Lindsey In 6 H. 6. to Iohn Beaumont Sir Will. Tirwhit Knight Iohn Ellerker Robert Feryby Iohn Tourney and others for those betwixt Grymesby and Burton Stather In 9 H. 6. to Sir Robert Wylughby Sir Raphe Crumwell and Sir Raphe Rocheford Knights Iohn Ellerker Walter Talboys and others for all within this whole Province of Lindsey
formerly had been a stone Bridge and thence directly to the Mannour of Coldham and from thence and the Crofts of Secchithe magna and beyond to Secchithe bridge and thence Westwards and in bredth to a certain way which leadeth from Sech gate unto Iones dole fence and thence to Lynne dyke Northwards unto the How dyke and so directly to Larkyshirne aforesaid in the said Town of South Lynne Hardwick Westwinche and Secchithe magna ought to contribute to the making of that defence every man according to the proportion of his Land And they farther said that all persons which had Lands and Tenements in a certain place called Clenchwarton-Marshland within the Town of South Lynne aforesaid and all the Land-holders in Secchithe magna South Lynne Secchithe parva and Watlington in divers places from Secchithe gate Southwards to the Crofts of Secchithe parva and from Secchithe draine Westwards to East wroe dyke at Watlingtone and the Old Ee of Wigenhale as also all the Land-holders in Watlingtone in a certain place called the Cornfen which extendeth it self from the Wroedike Westwards to the River of Wigenhale and from Poâ—dyke Southwards to Gerys dam and thence Southwards in the Newlande to Deylode Drove and from Wigenhaleâ—bedding to the River of Wigenhale Westwards and likewise all the Land-holders in the Towns of Roungeton holme in a certain place called Holme Bight which reacheth from Deyslode drove to Greene yates Southwards ought to contribute to the straightning of the said Rivers and Banks to be made in the before-specified places as aforesaid because they lay within the defence and safeguard and had or might have benefit or losse by the said Rivers and Banks And that all their Tenants likewise ought to make repair and maintain the said new Banks for the restraining of those Rivers within the before-mentioned limits when and as often as need should require And they said that this restriction of the said Rivers by the making of those new Banks in the places before-specified would be a secure lasting and perpetual defence to all the Banks and all the lands lying within the Towns and places aforesaid It was therefore ordained by the said Justices that the said work should be done accordingly In 11 R. 2. Sir Edmund de Thorpe and Sir Philip de Tilney Knights together with Iohn Marshall were appointed to view and repair the Banks c. betwixt Cattesbak and the Fen ende within the Town of Tilney The like Commission in 7 H. 4. had Sir Thomas de Skelton Sir Iohn de Rocheford Sir Pain Tiptoft and Sir Raphe de Shelton Knights Richard Norton Will. Ludington and William Snetesham for all those Banks Ditches and Sewers aswell upon the Sea-coast as otherwise belonging to the Towns of Tiryngtone Walpole Walton Walsokne Enemethe Welle Wigenhale Tylneye and Clenchwarton antiently ordained for the safeguard of those Towns and to proceed therein according to the Law and Custome of this Realm So also in 10 H. 4. had the same Sir Thomas de Skelton with Sir Edmund de Thorpe Sir Iohn Colvyle Sir Raphe Shelton and Sir Iohn Rocheford Knights Richard Norton William Rees William Ludyngton Laurence Trusebut and Richard Gegge for all those Sea-banks lying within the Town of Tyringtone for the safeguard thereof and to proceed therein as abovesaid In the same year the Abbot of Ramsey was impleaded for damages which were sustained by his neglect in repairing his proportion of Pokedike for his lands in Walsokne And in 8 H 5. Iohn Cokain Sir Thomas de Skelton Sir Iohn Colvill Sir Iohn de Rocheford and Sir Henry de Rocheford Knights Robert Tirwhit Richard Norton William Ludyngtone Iohn Benard Thomas Derham Nich Morys William Fulbarne â— and Robert Bird were assigned to view the Banks Ditches and Sewers in Tyrington Walpole Waltone Walsokne Enemethe Welle Wygenale Tilneye and Clenchwarton then broken and in decay and to take order for their repair with direction to do all things therein according to the Law and Custome of this Realm What they did therein I have not seen but soon after viz. in 1 H. 6. the King receiving information that the Banks Sewers c. lying betwixt the waters of Welle and the stream which runneth from thence to Salters lode and Wigenhale in this Province of Marshland were so torn and consumed partly with the violence of the tides and partly by the great flouds of fresh waters passing that way as that very much damage had hapned to the whole Country thereabouts constituted Thomas Duke of Eâ—eter Sir Thomas Erpingham and Sir Henry Rocheforth Knights William Paston Iohn Schuldham Simeon Fyncham Iohn Mannyng and Thomas Dereham Commissioners to view the same and to make such Agistments both for raising of new Banks where need should be and repairing the breaches and decays before-mentioned in such sort as they should deem most expedient for the safeguard and benefit of the Country Which Commission bears date at Swyneshed the xij day of April in the year abovesaid By virtue whereof the Shireeve of Norfolke had command to impanell Jurors and to bring them to Downham hithe upon Thursday next before the Feast of Pentecost then next ensuing Who then and there attending the before-specified Commissioners upon their Oaths presented that the Bank called Pokediche antiently made for safeguard of the Towns in this Province of Marshland and all the Lands and Tenements within the same was then so broken and ruinous that a great proportion of ground was thereby overflowed with the fresh waters to the extraordinary damage of all such persons as were Landholders or that did enjoy Common of Pasture or Fishing there And they said that the before-specified Bank could not be made firm and sufficient by any repair thereof the weaknesse of the ground whereon it stood considered and therefore they ordained and decreed that for the better preservation of all the Towns in Marshland aforesaid and of all the Lands within the compasse thereof that there should be another Wall or Bank made new on the North side of Salterys lode brink by all the Land-holders throughout Marshland and all the Inhabitants and Residents within the Towns thereof and of the Town of Wigenhale And that the said Bank so to be made new should be made and raised upon the North side of the great River which passeth from UUelle to Salterys lode and UUigenhale viz. from the shore of that River by the space of xxiiij foot as also to begin in that place called Salterys lode and to extend it self from thence to the Priory of Mullycourt Westwards And that the height thereof from Salterys lode to North delfe shall be five foot from the levell earth and the thicknesse at the bottom xviij foot and from Northdelf to the said Priory six foot in height from the ground with xviij foot in bredth at the bottom and xij at the top of good measure so that it might sufficiently keep out the water of
Hue aud Cry as also for blood shed within his said Lordship at all times of the year After this viz. in the same third year of the said King Henry the sixth William Babyngton Sir Iohn Colvyll and Sir Henry Rocheforth Knights Will. Paston Tho. Derham and Iohn Mannyng were constituted Commissioners to view the Banks Sewers Ditches Bridges and Causeys betwixt UUalpole and Tilney and to determine all things therein according to the Law and Custome of this Realm as also to take so many Diggers and Labourers upon competent wages as they should think necessary for that service in regard of the great expedition which through the decay of those works was then required Several other Commissions were afterwards issued out in this Kings reign to the like purpose scil in 8 H. 6. to Sir Henry Rochefort and Sir Robert Clyftone Knights William Pastone William Goodrede Thomas Derham Simon Fyncham and Thomas Shuldham for all those Banks Sewers c. in the Towns of Uppâ—welle Outwelle and Enemethe betwixt the River which goth from Wellynhee to the Priory of Mullycourt and the River which passeth from Enemethe unto the said Priory and to proceed therein as abovesaid In 22 H. 6. to Sir Thomas Scales Kt. William Yelverton Hugh Prior of Wirmegay Thomas Trusbut Iohn Fyncham Thomas Salesbury William Willy and Raphe Geytone for those throughout the whole Province of Marshland and the parts adjacent from Marham to Wigenhale and to do all things therein according to the Laws and Customes of Romeney Marsh. The like Commission had the said Sir Thomas Scales William Yelvertone Thomas Trusbut William Eweyn and Thomas Salisbury in 30 H. 6. So also had Iohn Earl of Oxford Iohn Viscount Beaumont Iohn Heydone Iohn Fyncham and Iohn Bekyswell for all those betwixt the waters of Wâ—lle and the water which leadeth from Welle to Salterys lode and Wygenhale In 21 H. 7 the said Bank called the new Pokedike was totally measured and then found to contain in length from the house of Iohn Pye at Salters lode unto the house of Iohn Bekeswell at Northdelf xviij furlongs and xxvij perches the repair thereof belonging as followeth viz. To the Tenants of the Lord Bardolf xxij perches To the Town of Wigenhale three furlongs xviij foot and four inches To the Towns of Tilney Islington and Clenchwardon three furlongs xviij foot and four inches To Tirington three furlongs xviij foot and four inches To Walpole three furlongs xviij foot and four inches To UUalton and Emneth three furlongs xviij foot and four inches To Walsoken three furlongs xviij foot and four inches To Iohn Bekyswell opposite to his house at North delf xv perches And from Northdelf to Mullycourt it contained in length xiiij furlongs and seven perches whereof the repair belonged as followeth viz. To Walsoken two furlongs xv perches five foot and four inches To UUalton and Emneth two furlongs xv perches five foot and four inches To Terington two furlongs xv perches five foot and four inches To Tilney with Islington and Clenchwarton two furlongs xv foot and four inches To Wigenhale two furlongs xv perches five foot and four inches Memorandum that upon the seventh day of Iuly 21 H. 7. every Acre of ground in Marshland was assessed at four inches for the maintenance of the said Bank But notwithstanding this care taken for repair thereof such was the wickednesse of some people that they divers times made breaches in sundry parts of it insomuch as complaint being made in Parliament Aº 22 H. 8. this ensuing Act was thereupon made WHereas before this time divers evill disposed personnes of their perverse and evill dispositions maliciously at divers and sundry times have cut cast down and broken up divers parts of the Dike called new Powdich in Marshland in the County of Norff. and the Broken dyke otherwise called Oldfield dyke by Marshland in the Isle of Ely in the County of Cambridge By reason whereof aswell by the great aboundance of the Salt water as also by the course of the Fresh water entring and coming into and by the said part of the said Ditches so broken and cast down the grounds and Pastures within the Countie of Marshland in the County aforesaid have bene divers and many times drowned and surrounded with the water aforesaid so that no profit thereof might be taken by the owners and occupyers of the said ground And the Inhabitants within the said Marshland and the Levell of the same many and sundry times have been not only put to importunate chardges and expenses to their extreme damage and costs but also to their grete undoings having lost much of their Cattel and Beasts then being and depasturing upon and within Marshland aforesaid to their grete damage and losse and to the grete decay of the Common welthe of the Country adjoyning to the same And also by reason of the same waters much people have bene drowned in their beds within their houses and have lost the most port of their goods being within the same For reformation whereof it is ordayned enacted and established by the King our Sovereign Lord by the assent of the Lords Spiritual and Temporal and the Commons in the present Parliament assembled and by the authority of the same that every such perverse and malicious cutting down and breaking up of any part or parts of the said Dikes or of any other Banks being parcell of the Rinde or uttermost part of the said Country of Mershland at every time and times hereafter from henceforth by any person or personnes committed and done otherwise than in working upon the said Banks and Dikes for the repairing fortifying and amending of the same to be taken reputed and adjudged Felony and that the offenders and doers of the same and every of them be adjudged and reputed Felons And that the Iustices of Peace of the said Counties of Norfolk and Cambridge in the said Isle at every of their Sessions within the said Isle and Counties to be kept by the authority aforesaid have full power to cause enquiry to be made after every such offence so at any time in form aforesaid hereafter to be committed and done and to award the like processe against every of the said offenders with like judgement and execution of the same if they or any of them be thereof found guilty by verdict or otherwise as the said Iustices have used and accustomed to do upon other Felonies being Felony at the common Law Which Statute was in 5 Edw. 6. by an Act of Parliament then largely made for the repeal of divers Treasons and Felonies cleerly repealed and made void But in 2 3 Ph. M. it was again revived In which year there were these ensuing Ordinances made upon the eighth day of April by the chief Inhabitants of this whole Country of Marshland and Town of Wigenhale touching the Old Powdike and Broken dike 1 That the said old Pow diche be sufficiently made
periit multitudo saith Math. Westm. So that of little Vessels Cattel and people very many were destroyed And about seventeen years after there hapned such another wofull accident whereupon the King directed his Precept to the Shireeve of this County requiring him to distrain all those who had Lands within the precinct of the old Banks in these parts of Wisebeche to repair the said Banks as they ought to do according to the quantity of their holdings Which losses though they were very great might the better have been supported had not the before-specified obstruction of the fresh waters annoyed them in a more than ordinary measure which so much increased that in 13 E. 1. the Tenants to the Bishop of Ely in Welle Elme Wisebeche Leverington Neuton and Tyd complained thereof to the King in particular shewing that their Lands in those Towns by the great flux of waters running towards the Sea of Wellestrem and through the defect in repair of the Sewers Bank of Rughmere and other Banks antiently raised and to be made anew from Town to Town were drowned and not only so but that divers of the Inhabitants in those Towns being averse aswell to their own as others benefit did refuse to submit themselves to the Law and Custome of the Fen for remedy thereof the said King therefore constituted Hugh de Balsham then Bishop of Ely and Hugh Peche his Commissioners to make enquiry c. and to cause the said Bank of Rughmere to be repaired at the chardge of those persons whose Lands were preserved from the perill of inundation thereby or if need were to raise another in a more fitting place provided that by such repair and making of Banks from Town to Town no disherison or damage did befall Geffrey de Sandiacre and Clementia his Wife and their Tenants in Neuton and Tyd or any other person whatsoever After this within a few years the Sea-banks in these parts being again broken by the violence of the Tides the same Geffrey de Sandiacre and Iames de Beaumeys were appointed to view them and to take order for their repair But these irruptions of the Sea as they were casuall viz. when the North or North East winds accompanied extraordinary Spring-tides so were they not frequent nor did those flouds so long continue upon the Land as to destroy it by drowning the stagnation of the fresh waters producing much more damage which for want of evacuation for the reasons above-specified were a continual annoyance to the whole Coâ—ntry thereabouts insomuch as the Inhabitants of Marshland discerning the danger to that Province by the increase of those waters did in 21 E. 1. procure a Commission from the King bearing date the xixth of Iune directed to Peter de Campania Thomas de Hakford and Adam de Schropham to enquire farther touching the same and to apply the most proper remedy thereto Who thereupon sitting at Utwell upon Monday after the Feast of S. Peter ad vincula next ensuing and taking into consideration what ought to be done for restoring those waters of Utwell for so that great River of Ouse which had formerly passed that way was then called to their due and antient course did with the assent of the Country ordain that there should be three Dams made one at Utwell bridge another at Lytlelode bâ—idge in Upwell and the third at Fen-dyke-lake in Upwell also And because the Inhabitants of Marshland at whose instance the said Commission was procured perceived that this Ordinance for the making of these three stops would be for their benefit they without any authority from the said Justices given to them or from the Shireeve or any Bayliff of the Hundred did of their own accord and contrary to the tenor of the before-specified Commission make a stop of the said water at Lytle lode aforesaid and so continued it untill by the force of the water with the help of some persons who passed that way with their Boats a part thereof was opened And finding it so opened procured another Commission to Simon de Ellesworth and Thomas de Hagford to enquire thereof Who by by virtue of that Commission sitting at Upwell upon Wednesday next after the Invention of the Holy Crosse in the xxiiith year of the said Kings reign and making enquiry accordingly were answered that they had not any power by their said Commission so to do by reason they had no appointment for the stopping thereof Whereupon the said Thomas de Hâ—gford who was likewise associated with the before-specified Peter de Campania in the first Commission being asked whether himself and his fellow Justices at that time did then consent or give command for the damming of the said water of Lytle lode answered that in the Commission so directed to Peter de Campania and himself there was nothing contained but only touching the waters descending by Utwell without any mention at all of stopping the water of Lytle lode in Upwell and consequently no command to obstruct the same whereupon they the said Simon and Thomas forbore to do any thing farther therein But afterwards the same dayâ— the said Commissioners by virtue of another Precept for the view of Pokediche in Marshland whereof I have in the Chapter of this my discourse already taken notice did receive this following verdict from the Jurors then impanelled and sworn viz. that there was a necessity that the water at Upwell should be stopt at the house of one Raphe Smith of that Town and that the old course thereof should be clensed and enlarged from the Sluse at Elme unto that stop at Upwell xl foot in bredth and made in depth full six foot more than it was at that present And that there was the like necessity that the said water of Up well should have its course by the Lytle lode to a place called Wadyngstowe till such time as the said Sewer were so clensed enlarged and repaired as hath been said And that if the said Chanel called Lytlelode and Wadingstow would not be sufficient to carry those waters that it should be enlarged by the oversight of the Shireeve of Norfolk as need required And it was then also ordained that the Lyttlelode and Wadyngstowe should be kept open untill the before-specified Sewers were clensed viz. till the Gule of August in pursuance of which Ordinance that part of Lytle lode then remaining stopt after the said breach by the power of the waters and Boats so passing that way as hath been said was opened After this viz. in 27 E. 1. the said King directing his Precept to Will. de Carletone and Will. Howard to enquire concerning the breach of the said stop at Lytle lode by reason whereof the water could not have its passage to the Sea accordingly as it had antiently usedâ— they sate at Welle upon Wednesday after the Octaves of Easter and received this following information by the verdict of the
distringendum per amerciamenta alio modo prout c. All which was by the Authority of the Common law id est the antient usage of this Kingdome as the learned Sergeant Callice well infers from the words dignitatis suae Regiae all Prerogatives being without limitation of time Now for the Statutes The first of these was in 6 H. 6. and this adds to the power of the said Commissioners for it gives them Authority to make Officers to take Accounts of their Expenditors to set Labourers on work and to rate the wages of such Labourers Then that of 8 H. 6. Cap. 3. which supplying the defect of the former grants power to the said Commissioners to ordain and execute the Statutes Ordinances and other things to be made according to the effect and purport of the said Commissions Next that of 18 H. 6. Cap. 10. which continueth the power of that Statute of 6 H. 6. for ten years longer the time first limitted therein being then expired Then that of 23 H. 6. Cap. 9. prolonging that of 18 H. 6. to xv years more Next that of 12 E. 4. Cap. 6. which not only addeth the like number xv years more thereto but enlargeth it to the Marches of Caleis Guynes and Hammes on the borders of France and Flanders Then that of 4 H. 7. Cap. 1. prolonging that of 12 E. 4. to xxv years more Likewise that of 6 H. 8. Cap. 10. ratifying the former Acts and giving power to the Lord Chancellor of England for the time being to grant out Commissions of Sewers into all parts of this Realm Next that of 23 H. 8. Cap. 5. in the Preamble whereof there are these words viz. the King nothing erthely so highly weighing as advancing of the CommoÌ„ profit wealth and Commodity of this Realm Whence saith the before-specified learned Sergeant it appeareth that the making of this Law was of all other thought to be most necessary and of greatest consequence the King preferring the same before any earthly thing and the King's care therein became his Royal person very worthily because by this Statute safety was brought to the Realm and wealth and profit to the people thereof In that Preamble 't is likewise observable First that Marshes and low grounds had formerly been by politick wisdome won and made profitable for the good of the Common-wealth Secondly that if more speedy and further remedy were not had and provided though divers provisions had been formerly made yet none of them were sufficient remedy for reformation thereof And thirdly that power is given thereby to six Commissioners of Sewers whereof three to be of the Quorum to take any man's timber c. to be used therein and to set the price thereof as also to sell any mans Lands nay the King 's also or part thereof in fee or for what other term they pleased All which being confirmed by the King 's Royal assent had thereunto are not to be repealed but by Act or Parliament and makes them therefore an absolute Court to hear and determine all things concerning Sewers After this about two years viz. 25 H. 8. Cap. 10 there was another Statute which extendeth this last Commission to the Town and Marches of Caleis and imposeth a penalty of five Marks upon every Commissioner who shall refuse to be sworn according to the Act of 23 H. 8. Then that of 3 4 E. 6. Cap. 8. which taking notice how beneficial the Statute of 23 H. 8. had been to this Realm ordained that it should continue with these additions thereto for ever viz. that all Skots Loâ—s and summs of money thenceforth to be rated and taxed upon any of the King's Lands his Heirs or Successors for any thing concerning the Articles of the said Commission of Sewers should be gathered and levied by distress or otherwise in like manner and form as should and might be done in the Lands of any other persons And that no Commission of Sewers should thenceforth have continuance for above five years after the date thereof Next that of 13 Eliz. Cap. 9. which authoriseth the Commissions of Sewers thenceforth to stand in force for the term of ten years next after their dates unless they were repealed by reason of any Commission or by supersedeas And lastly that of 3 Iac. Cap. 14. which comprehendeth the Walls Ditches Banks Gutters Sewers Gates Causeys Bridges Streams and Water-courses having their passage into the River of Thames and within two miles of the City of London as subject to the Commissions and Statutes of Sewers and to the penalties of the same To these for removing of some scruples touching the power of the Commissioners of Sewers for erecting of new Sluses and for making new Cuts and Drayns where none were before I shall add the opinion of those two Chief Justices viz. Popham and Anderson men famous in their times for their learning in both these Cases and which is observed by the before-specified Serg. Callice in his said Reading upon the Stat. of 23 H. 8. As also of Sir Henry Hobart Knight Attorney general to King Iames. In 43 44 Eliz. a great controversy did arise in the County of Lincoln about the erecting of two new Gotes at Skirbeck and Langare for drayning the waters of South Holland and the Fenns into Boston Haven which work Sir Edward Dimock Knight did by himself and his friends further what he could but it was opposed by the Country of Kefâ—even and they very exception taken thereto was that the Commissioners of Sewers could not by the power of their Commission make a Law for the erecting of these new Gotes where never any stood before Whereupon the decision of this point coming at length before the then two Justices viz. Popham and Anderson they delivered their opinions that the said new Gotes if they were found to be good and profitable for the safety and advantage of the Country they might be erected by the power of this Statute The like controversie arose in 12º Iacobi in the Counties of Cambridge Huntingdon and Northampton about the making of new Cuts and Drayns in the Isle of Ely by the power of the Commissioners of Sewers which being much opposed the businesse came in the end to be heard before the King and the Council Whereupon the said King by the advice of his Council upon mature deliberation comparing the undue proceeding of those who had disturbed his Commissioners of Sewers in those Counties with the antient Laws of this Realm as also with the constant practice of antient and later times and the opinions of the Lord chief Justice Popham delivered in writing very exactly and fully upon the said Questions touching the power and authority of the said Commissionersâ— it being objected 1. that the Commissioners had no power to raise new Banks Drayns or Sluses where there had been none before 2. that they might not lay the Tax upon Hundreds Towns or the Inhabitants thereof in general but upon
maritime lands in his Bayliwick by whom the truth in the premisses might be the better enquired into and known and to do farther in the pâ—emisses as it should be decreed Who came accordingly And the said xxiiij Jurats of the Marsh before named together with the Commonality of the said Marsh said that King Henry Father of the then King did by his Charter grant to them certain Liberties in his own Lands within the said Marsh And they therefore required that those their Liberties might be preserved As also that nothing might be attempted or deâ—reed in prejudice of their said Liberties and produced the same Charter of the said K. Henry And they likewise said that K. Henry father to the then King in the xlii year of his reign by reason of a certain controversie arisen betwixt divers men of this Marsh occasioned for the repair of the Banks and Water-gangs therein sent Henry de Bathe his Justice into those parts to hear and determine the differences in that businesse betwixt the xxiiij Jurats and the same Marshmen and to provide for the defense and security thereof and against the peril of inundation by other waters in causing the Banks and Water-gangs to be repaired by those who were obliged thereto for the lands which they held therein according to the proportion thereof Whereupon they said that the said Henry de Bathe by authority of the same King Henry's Mandate ordained and decreed for them a certain Law and Ordinance by which this Marsh was to that time kept and preserved and therefore desired that they might for the future be guided and defended by that Ordinance and Law as they had wont to be till that present time And thereupon produced the said Ordinance of him the said Henry under the King's Seal And because the said Ordinance seemed consonant to equity and had been to that time approved command was given and it was decreed that the same should be in all things observed without diminution Adding neverthelesse that in regard there was no mention therein of the election of the King 's common Bayliff in the said Marsh how and by whom be ought to be chosen it was determined that for the future upon the decease of the said common Bayliff or his quitting the Office another to be chosen who should reside and have lands in this Marsh And that the said election should thenceforth be by the common assent of the Lords of the Towns Lying therein or by their Atturnies and as the Major part should determine to submit to that election because till that time the usage had been so And touching that double of the costs imposed for repairing the defaults to be levyed upon those through whose neglect they had hapned it was decreed that the same double should be levyed in such sort as by the former Ordinance had been appointed and imployed to the common profit of this Marsh and not to the bâ—hoof of the said Bayliff And forasmuch as there were divers Banks and Water-gangs in the said Marsh to the maintenance of which the commonality thereof did not contribute except only they whose lands lay contiguous to the said Banks and Water-gangs And thaâ— some through the oppression of the Lords of the said Marsh did sometime pay as much for the repair and maintenance of those Banks and Water-gangs for fourty Acres as others did for fifty which was much against the law of the Marsh and the Ordinance of the said Henry de Bâ—the It was therefore decreed and ordained that notwithstanding and Custome by whomsoever introduced all and singular persons who had lands therein which were subject to the danger of the Sea and had preservation by the same Banks and Water-gangs should thenceforth be distreined for the reparation and maintenance of them so that every man might contribute equally according to the number of Acres which they had therein and that no person be he of whatsoever state or condition that had preservation and defence thereby should be favoured And because before that time in this Marsh of Romenale beyond the course of the water of the Port running from Suergate towards Romenhale on the West part of the same Port till it come to the County of Suâ—sex there had not been any certain Law of the Marsh ordained nor used otherwise than at the will of those that had lands in the same insomuch as divers dangers and intolerable losses hapned by the Seas inundâ—tion To the end therefore that the like perils might for the future be prevented and the common benefit provided for it was agreed and jointly ordained that in the said Marsh beyond the before-specified Port towards Sussex there should be Iurats establisht chosen by the Commonality who being sworn to that purpose for the security of those parts having respect to the number of Acres lying subject to that danger and to the proportion of the Banks Watergangs to be repaired sustained there should upon their Oaths consider and ordain how much might be necessary for such repair sustentation so that according to the portion of their Acres and value of them there might be assigned in the said Banks and Water-gangs an equal portion of perches to be maintained as it is more fully contained in the Ordinance of the said Henry de Bathe And moreover forasmuch as till that time there had been no common Bayliff constituted in those parts beyond the before-specified Port towards Sussex who ought for the publick benefit take care and provide against the perils there hapning and to prevent the like for the future it was ordained that thenceforth there should one common Bayliff be made choice of in the said Marshes beyond that course of the water toward Sussex for overseeing keeping and repairing of the said Banks and Water-gangs in such places and bounds of the said whole Marsh as should seem most expedient to all the whole Commonality As also to summon together unto places necessaryâ— the Iurats of the said Marsh as often as need should require for the making of Ordinances and Laws for preservation of the lands in those parts causing distresses to that purpose to be made and levying a double proportion upon such as should make default according to the tenour of the Ordinance made by the saiâ— Henry de Bathe Provided that at the election of the said Bayliff when ever it might happen to be the Lords of the Towns in the said Marsh beyond the said course of the water towards Suâ—â—ex should be summoned and called if they would be present thereat as also the Iurats and whole Commonality of that Marsh. And it was likewise ordained that for the future the King 's said common Bayliff in the Marsh of Romenale should be the Supervisor of the before-mentioned Bayliffs and Iurats in this Marsh beyond the course of the water towards Sussex and that he should summon together to fit places all the Iurats chosen on both sides the
every one of the xxiiij Iurats shall swear that he will together with his fellows â—ustly make all Iudgements and Decrees not favouring rich or poor either in making distresses or in what concerns the Banks Land-eas Water-gangs Sewers Ditches and Gutters or the removing of Bridges and other impediments whatsoever within the precinct of the said Marsh and punishing of Trespassers And that they be observant to the Bayliff of the said Marsh for the valuing and selling of the distresses taken and impounded for three dayes or more in the places accustomed And that they cause all the Iudgements and Decrees by them made to be enrolled and thereof an Indenture to be made betwixt them and the men of the said Marsh for the time being 9. Likewise the Collectors and Expenditors chosen as aforesaid shall swear that they will faithfully levy collect disburse and make accompt of all the Taxes and Assessments made by the Lords Bayliff and xxiiij Iurats or the greater part of them And the same course shall be observed in all the Water-gangs within the precinct of the said Marsh and before every of the Lords of the Towns if they will be present thereat 10. Also the Bayliff shall swear that he will make faithful execution of the Iudgements and Decrees of the before-specified xxiiij Iurats and of those things which do pertain to them to judge and determine ofâ— As also that in his proper person he will chardge upon all the Collectors and Expenditors by Oath that they shall faithfully levy collect disburse and accompt for aswel all general Taxes as several Water-gangs so assessed as abovesaid And that he will in person take view of all the Banks Land-eas Water-gangs Sewers Gutters and Bridges when need shall require at least twice in the year viz. once in the month of January and afterwards in the moneth of June And that he will deliver unto his successor all the evidences which he hath in his custody aswell the Charters of the Kings of England concerning the Liberties and Customes of the said Marsh as the Roules of Iudgements Decrees and Awards made by the said xxiiij Iuratsâ— with every processe of accompts of the Collectors and Expenditors whatsoever done in their times And the Clerk of the said Bayliff shall have for his Fee from the Commonality of the said Marsh vis. viijd. 11. Moreover it shall not be lawfull for any man thenceforth to make any Dams or Fords or other impediments in any Land-eas Water-gangs Ditches or common Water-courses in the said Marsh whereby the right course of the waters may in any sort be hindred And if they shall so do and testimony given thereof by the Baylik and six of the Iurats or the Commonality of the Water-course where such danger shall be made he shall be forthwith amerc'd according to the proportion of his offence by the said Bayliff and xxiiij Iurats which amercement to be likewise forthwith levyed to the common benefit as aforesaid And neverthelesse if any other than the Commonality shall receive damage by that means and that proof be made thereof by the testimony of the Bayliff and six Iurats satisfaction shall be made to him for the same 12. Likewise they did ordain and appoint that every Tax assessed in the said Marsh should be proclaimed in certain publick places and a day of payment thereupon assigned And this Proclamation to be so made that no man might plead ignorance as to the time and place he ought to pay it at 13. And they did farther ordain and decree that every Acre for the Banks in Ditches and Water-gangs be bought for xls. and that it shall not be lawful for any man to draw away any workmen being in the publick work for his own private imployment nor to take them to any other place till that work be perfected And if any man shall be found faulty therein by the testimony of the Bayliff or Iurats in the common Last he shall be amerc'd in xs. to be forthwith levyed by the said Bayliff to the common benefit as abovesaid 14. Also they ordained and decreed that all the Water-â—ourses within the said Mash by whatsoever Lands and Tenements in each Chanel be so kept that the water shall not run out of it's right course to the damage of any man upon penalty of the value thereof to be levyed by the said Bayliff for the behoof of the Commonalty when any shall be found guilty thereof in the common Last by the testimony of the Bayliff and six Iurats 15. And because of antient time it was appointed by the King that all the maritime Lands from the Isle of Thanet unto Pevenese aswell in the County of Kent as County of Sussex should be governed by the Laws Ordinances Statutes and Customes of the said Marsh of Romene it shall be lawful to the said Bayliff and xxiiij Iurats to require and have his reasonable chardges of those which shall have a mind to bring them to the places be they Lords or of the Commonalty where they ought to make their Ordinance according to the maritime Law aswell in the Banks as Water-gangs Gutters Sewers and Fishings and other things whatsoever touching that Law 16. And Lastly they ordained and decreed that if any person should make a rescue from the Bayliff of the Marsh or his Officers of any distresse whatsoever taken by any of them by virtue of the before-specified Articles or any Ordinance made or to be made for the benefit of the said Marsh and thereof to be found guilty by the testimony of the said Bayliff and six or eight of the said xxiiij Iurats or of the Water-course where the distresse shall fortune to be taken he shall be amerc'd in xls. to be levyed to the Bayliff for the use of the Commonalty as aforesaid And in the same manner it shall be done in those places where the maritime Law is used within the Isle of Thanet and Pevenese whether in Kent or Suffex After this I have not met with any thing else of this Marsh worthy the observation untill the 43º E. 3. that the before-mentioned Thomas de Lodelowe as also Robert Belknap Iohn Woodhall Roger Dygge William Topclive and William Horne were constituted Commissioners for oversight of the Banks and Ditches therein Nor from that time till 48 E. 3. that William Latymere Constable of Dovor Castle and Warden of the Cinque Ports Thomas Reynes then his Lieutenant Roger Dygge and some others were assigned by the King to view the Banks Water-courses c. thereof lying betwixt the Towns of Hethe and Newendon By which Commission they had power to imprest so many Carpenters and other Labourers as they should deem necessary for the accomplishment of the work in hand wheresoever they could be found within the County of Kent To King Edward the 3d succeeded Richard the 2d in the first year of whose reign it appears that
or at a large distance forasmuch as they are within the peril of the Sea and had or in some sort might have had safety and defence by the same Banks Ditches c. ought to contribute thereto according to the quantity of their tenure without any favour either to rich or poor of what condition state or dignity soever And to be compelled thereto not only by distresses and amerciaments but also by double the chardge and whatsoever other wayes or means is in the said Ordinances contained And for the fulfilling of all these things in the said Marshes of Monketone and Menstre it was then ordained and agreed that a common Bayliff should be elected by the Lords of the Fees and Commonalty of the Marsh within the said Marsh of Monketone and another Bayliff in the Marsh of Menstre to supervise do and execute all such things as to the Office of Bayliff of the Marsh pertained according to the judgement of the Jurats or Dike-Reeves Also that there should be chosen xij honest and lawful men by the Lords of the Fees or their Attornies and the Commonalty of the Marsh or six of the Marsh of Monketone and six of the Marsh of Menstre who had lands in the said Marshes lying in danger of the Sea which twelve to be assigned and sworn jointly to oversee the Banks Ditches c. in the said Marshes and to measure all the Lands Tenements and common of Pasture in those parts which either had or might have safety and defence in any sort by the said Banks Ditches c. to the end it might be known for how much they ought to contribute and who afterwards upon their Oaths might supervise those walls Ditches c. and place a certain Keire in every part of the said Banks of such height and thicknesse that the Marish grounds might be fitly preserved thereby And that they should hold their Last when and as often as it might be needful for any defect in repair And that a certain day be by them assigned within the compasse whereof those defects should be made good according to their discretion And if the said repairs were not compleated within the time prefixed that then the several Bailiffs within their particular Bayliwicks should lay out their own moneys and receive the double thereof And the xij men to give notice of the several defects to those Bayliffs after the repairs were not made good within the time so assigned And if any of the said Bayliffs Jurats or Dike-Reeves did die or not give content to the said Lords of the Fees and Commonalty others should be chosen in their stead by the Lords of the Fees or their Attornies if upon notice given they would come in and by the Commonalty of the said Marshes And they to be accounted Bayliffs or Jurats of every Marsh who should have the consent of the Lords of the Fees and greater part of the Commonalty of the said Marsh lest that by long delay much peril might happen Also that there be chosen out of the xij Jurats two men in either Marsh who were to be the Collectors of all such moneys as should be assessed for those common repairs viz. in Gutters Sewers Water-gangs and of the whole Bank which lyeth in common to be repaired and sustained And those two so chosen to make Collections and disbursements and of such their receipts and layings out afterwards to render a just accompt to the said Lords of the Fees or their Attornies and to the Commonalty of the said Marshes within the several Marshes And the Bayliffs of the Lords of the Fees to assist the said Collectors in the assessing and gathering the said moneys and likewise if need be to distrain for the same Also that the said Common Bayliffs should cause the said xij men to meet together as often and whensoever there might be need or that there was any danger to supervise all the Banks Ditches Water-gangs Sewers and Gutters and to take certain consideration before they departed of all the defects and likewise to assesse a certain portion of money upon every acre to each Tenant according to the quantity of what he held and also to repair and amend the said defects within a certain time whether that they belong'd to particular persons or the whole Commonalty and for the fulfilling of all those determinations that they be not only compelled by distresses but by amerciaments and double if need required And the said Bayliffs moreover should punish all such as being refractory to their summons did not appear And if any mans Land lying within the Banks of the said Marshes were digg'd for the repair of the said Banks Ditches Sewers or Water-gangs or for any new Bank or Ditch or for the making of an in-ditch or out-ditch that then the Commonalty of every Marsh should give satisfaction to the party damnified by the discretion and judgment of the said Jurats according to the usage of Marish Lands having alwayes respect to the quantity of the ground so digged or lost Saving always to the Lords of the Fees their right which they had and ought to have against their Tenanâ—s within their proper Fee aswell for having defence as for the taking double when through their Tenants default they did lay down their own moneys And lastly that if any thing of difficulty doubt or obscurity did fortune to arise in these Ordinances that it should be reserved to the Decree and Declaration of the before-specified Justices Nor was it the intent of the said Justices that any persons who ought to have safeguard by others or that held their lands under certain conditions should be by this Ordinance excluded from their defences and agreements in case that such their agreement were not derogarory to the Law And for the performance of these Ordinances William Shirreeve and Iohn Coopere of Hoo were appointed Collectors of the moneys to be levyed in Menstre and William de Everle and Thomas Hamon in Monketone The next year following which was the xvijth of the said King's reign I find that Iohn de Lovetot and Henry de Apuldrefelde being also constitued Commissioners for the viewing of the Banks Ditches c. in the parts of East Kent which were broken and in much decay through the violence of the Sea and to provide remedy for the same met at Erchesto on the morrow after the Feast of St. Iames the Apostle where all those that held Lands lying within the Hundreds of Eastri and Cornilo which lay in danger of the Sea by virtue of the said King's Precept attended them as also such and so many lawful men by whom the truth in the premisses might be the better known And it being then and there testified by the Commonalty of the Country that it was expedient for the said whole Commonalty to have one Bayliff and xij Jurats within those Marshes in such sort as they of Romeney Marsh and the Marshes towards Sussex then had the same
in East-Kent In 20 E. 2. the Prior of Bilsyntone representing to the King that whereas Iohn Maunsell the founder of that Monastery had given to the Canons of that House and their Successors the Mannour of Over Bilsyngtone with the appurtenances whereunto a certain salt Marsh situate in Lyde neer Romenale containing Lx Acres did belong which both at the time of the said grant and since had been alwayes drowned by the flowings of the Sea humbly petitioned that he would please to grant license for the drayning thereof and that it might be reduced to culture by the defence of Banks according to the Marish Law Whereupon the said King issued forth a Writ of Ad quod dampnum to his Escaetor for this County commanding him to enquire whether the same might be effected without prejudice to himself or others Upon which enquiry the Jury certified upon their Oaths that it might and that the said Marsh contained of it self CCxl perches in length and xl perches in bredth and that it was of no value before the drayning and banking thereof but that being so banked and drayned it might be yearly worth xxxs every Acre prized at vid. In 2 E. 3. upon complaint made to the King on the behalf of those that held lands of the Archbishop of Canterbury lying within the Isle of Tanet Gravene and Harnhull shewing that whereas divers Banks Ditches and Sewers during the time that the Temporalities of the said Archbishoprick by the vacancy thereof remained in the said King's hands were decayed and worn down by the violence of the Sea which Banks c. the Archbishops of that See had used to repair the said King directing his Commission to the Guardians of the Temporalties of the said Archishoprick commanded them by an Inquisition to be taken thereupon and such other wayes and means as should be most expedient to enquire whether he ought to repair those Banks by reason of the said Temporalties at that time in his hands By virtue of which Precept Iohn de Ifelde and other the Commmissioners for that purpose came to Gravene and Harnhull to view the said Banks and called before them upon Tuesday next after the Feast of the Ascension in the year abovesaid xij honest and lawful men who were Tenants of the same Archbishoprick in those parts and finding divers of the said Banks very ruinous and almost totally broken down made enquiry by Iohn atte Fayrebroke and other his Fellow Jurors touching that matter Who upon their Oaths then certified that in the 17 year of K. Edward the second 's reign there were in the said Towns of Gravene and Harnhull DL Acres of Marsh lying in North-mershe aud Denle in the Demesne and Fee of the before-specified Archbishop and divers men of those parts Of which the portion belonging to the said Archbishop was CLxiii Acres and a half of Marsh which by the flowing of the Sea-tides had wont to be drowned for prevention whereof by the consent and good liking of Walter then Archbishop of Canterbury and his Tenants thereâ— and all other persons of those parts who were Tenants of those Marshes in the moneth of Iune in the before-specified year there was a Bank made containing in length CCCxx Perches and in bredth two Perches by which the said Marshes were included and defended Which Bank continued untill the Friday next after the Feast of St. Vincent in the first year of the said King Edward the third On which day it suddainly hapned through the violence of the winds and raging of the Sea that a piece of the said Bank of North-mersh containing Cxx Perches was vâ—ry much broken and almost quite destroyed And they farther said that there was within the said Town of Gravene in a place called Clyvesmersh part of a Bank containing xvij perches by which xxviii Acres of Marsh of the Demesnes of the Archbishop of Canterbury were defended which Bank through the said tempestuousnesse of the Sea was beaten down being then in the Kings hands by reason of the said vacancy of the Archbishoprick And that if speedy remedy were not had for the repair of those Banks both the said Marshes would be in danger to be drowned And they said moreover that the decay in the said Bank of the North-mersh could scarce be made good for xxijl xvijs viijd For the raising of which summ for that repair the said Jurats assessed every Acre of the said DL Acres of Marsh at ten pence whereof the portion for the Archbishops Demesâ—e came to vil xvis iijd And they likewise said that the before-mentioned part of the Bank at Clyvemershe containing xvij perches might be repaired for two Marks and a half And that though they had received command that they should take care that no more damage for want of these repairs should happen to those parts in respect of what concerned the said King they had neverthelesse forborn to be at any cost therein untill they should receive farther signification of his royal pleasure And lastly as to the Banks in the Isle of Thanet that they found them all in good repair In 11 E. 3. upon a Writ of Ad quod dampnum the Jury certified that it would not be prejudicial to the King or any other if license were given to Iohn then Archbishop of Canterbury and to the Prior of Christs-Church in Canterbury to suffer an antient Trench leading from an arm of the Sea called Apâ—ldre towards the town of Romeney which passed through the proper soyl of the said Archbishop and Prior and which was then newly so obstructed by the Sea-sands that Ships could not passe thereby to the said town of Romeney as they had used to be wholly stopped up and filled so that they the said Archbishop and Prior might make their benefit thereof as they thought fit in regard that there then was a certain other Trench leading from the said arm unto Romeney lately made by the force of the Sea by which Ships and Boats might passe without impediment to the said town as they had wont to do by the other before it was so filled up And they said moreover that the said antient Trench was the proper soyl of the before-specified Archbishop Prior and Margaret de Basinges and that it had been obstructed in such a sort by the space of xxx years and more then last past by the Silt and Sea-sands as that Ships could not conveniently passe that way And that the new Trench was more proper and sufficient whilst it was open than the said old one for the passage of Ships to Romeney above-mentioned and did so remain at that time And moreover that the same new Trench was the soyl of the said Archbishop Prior and Covent Margaret de Basynges and the Abbot of Robertsâ—rigge And lastly that the said old Trench contained in length viiC perches and in bredth x. And the new one vC perches in length and in bredth xx In 14 E. 3. Henry de Bradwey Will.
as the part so being in arear called Wanys might amount unto for the common profit aforesaid And the said Bayliffs aswell for the said parcell so in arear called Wanys as for the double thereof to distrain in all the Lands and Tenements of him or them who ought to pay the same by all their goods and Catalls and the distresses so taken to keep for three days or more And if the said part so being in arear called UUanys together with the double thereof should not be paid within the said three days that then the goods and Catalls so distrained by two or one of the Iurats aforesaid to be sold in some place within the said limits except before excepted thereunto assigned and the said part so in arear called UUanys together with the double thereof out of the money arising of the said goods and Catalls so sold to be delivered to the same Bayliffs to their own use And having now done with these Laws and Ordinances for those Marshes before-specified I shall say no more concerning this part of Kent but that in 19 E. 4. the King by his Letters Patents dated at Oburne 17º Iunii directed to Thomas Archbishop of Canterbury Cardinal of England Will. Prior of Christ-Church in Canterbury Richard Prior of Hortone Robert Prior of Bilsyngtone William Master of God's house in Dovor Sir Iohn Fogge Sir William Haute Sir Iohn Scotte Knights Will. Cheyne Iohn Broomston Hen. Hoorne Gervase Hoorne Iohn Fyneux Vincent Fynche Rog. Brent Wil. Brent Iohn Nethersole constituted them Commissioners for the view and repair of the Banks c. from Appuldoure to Cawmbury and from Cawmbury to Fulstone then ruinous by the violence of the Sea and to make Laws and Ordinances for the same according to the Laws and Customes of Romeney marsh And lastly to take so many Diggers and other Labourers to be imployed therein upon competent salaryes as should be thought requisite in respect of the urgent and instant necessity of the work CAP. XIII I Now come to the remanent Marshes in this County which are those that border on the River Thameo Concerning which the first mention that I find is in 8 E. 2. Iohn Abel and Iohn de Hortone being then by the Kings Letters Patents dated the 10th of April at Wyndsore constituted Commissioners for to view and take order for the repair of the Banks Ditches c. for the safeguard of those from the overflowing of the Tide which lye betwixt Dertford Flete and Grenewich And not long after this for it was in February ensuing Iohn de Ifeld Iohn de Hortone and Will. de Northo had the like Commission for the very same Marshes In 13 E. 2. Iohn de Evredon and Iohn Abell were also appointed to view the broken Banks betwixt Grenewich and London-Bridge and to apply speedy remedy for their repair In 15 E. 2. Robert de Bardelby Will. de Leicestre Iohn de Merton and Robert de Kellesteye had the like assignation for the view of a certain breach then newly made in the Bank betwixt Grenewiche and Wolwiche by the violence of the Tides and to provide for the suddain repair thereof And the next year following Robert de Ashele and Robert de Swaleclyve were made Commissioners for the view and repair of those about Grenewiche and the parts adjacent In 17 E. 2. there hapning anoâ—her breach betwixt Grenewiche and Wolwiche Robert de Bardelly Will. de Leycestre Robert de Kellesey and Iohn de Merton were appointed to view the same and to distrain all those persons through whose default it had hapned to the making good thereof Farther enjoyning them that if they should find the persons through whose neglect it came not able to repair it so speedily as that the damage and peril which would be occasioned thereby might be prevented that then they should distrain all those which had Lands and Tenements in those parts who might have safeguard by the making up of that breach to the end that they should contribute thereto Within two yâ—ars after the King being informed of another breach in the Bank above Grenewiche towards Bermondseye which through the violence of the frequent tides and neglect of some persons who were obliged in respect of their lands in the adjacent Marshes to have made good upon all occasions had then newly hapned to the great damage of all those that had lands there did assign Adam de Brom William de Leycestre Laurence de Rustyngton and Robert de Kelleseye or any three or two of them to veiw the said breach and all other defects in those Banks which by reason of the flouds had hapned and to enquire by the Oathes of honest and lawfull men of this County upon whose land the said breach first began and through whose default and who ought to repair and maintain the said Banks as also how and in what sort and likewise what other persons had Lands Tenements or Common of Pasture in those Marshes and had or might have defence and safeguard by the said Banks in any sort And moreover with the Bayliffs of the Liberties to distrain all those through whose default that breach had so hapned and who were obliged to the repair and maintenance of that Bank according to such a proportion as might be sufficient to make good the said breach with all possible speed And if it should so fall out that those persons so lyable to the repair thereof were not able to perfect the work with that haste as the case required that then for the avoyding of greater damage and mischief to compell all such persons who had or might have loss thereby to contribute thereto for that present time every one according to the proportion of what he held as well in Common of Pasture as Land not favouring rich or poor therein And to levy the money upon those who were obliged to the said repair so as restitution might be made to those who had contributed thereto being not obliged with all speed that could be After this divers years viz. in 10 E. 3. I find that Henry de Secheford Reginald del Dyk and Iohn de Heyton were appointed Commissioners to take view of a certain Sewer called Erlesthron neer Grenewich and to repair the Sluces thereof where need should be And in 27 E. 3. Otto de Grandisone Thomas de Lodelowe Simon de Kegworth and Will. de Roderham were assigned to take view and make enquiry touching certain breaches in the Banks and Marshes of Dertford Erde and Stone and of the stopping of the Gutters and Sewers there forasmuch as by that obstruction the Corn sowed in those Marshes as also the Meadows and Pasture grounds thereof became often drowned by the Tides And to use some speedy remedy for the same In that year likewise Will. Vaghan Richard de Birton Thomas de Ludlowe Iohn de Dielleston and Simon de Lee were appointed to oversee
the end that they might not get their ships back who discerning what was done left them and fled towards Severne That which is here called a Castle is supposed to be some Fort made at or neer Hartford situate upon the Bank of this River for before the tides were kept back at Stratford Bowe by a large Sasse there made to keep the levell above it from drowning no question but that they flowed above Ware and brought up small Vessels neer to Hartford there being betwixt Ware and Hartford a Hill which to this day beareth the name of Shipman's Hill and a tradition of the Country people that ships did in antient time lye at Anchor in that Valley The first mention wherewith I have met concerning the Marshes of Essex is in King Iohn's time Roger de Crammavill being then attached to shew cause why he did not stand to the determination made in the said King's Court by a Fine betwixt himself and the Prior of S. Iohns of Ierusalem touching the Banks Gutters and Ditches to be made in Renham marsh at which time the said Prior produced the before-mentioned Fine so made betwixt them which testified that the said Roger did then agree that he and his heirs would make and repair those Banks c. according to the proportion of his Land in that Marsh so that every Acre which the said Roger did possess should be taxed as those that belonged to the Prior. And the said Roger came and acknowleged the agreement and justified that he had fully made those Banks according to what belong'd to his Tenement and thereupon put himself upon the view of those who knew the Laws of the Marsh. Upon complaint made to the King in 8 E. 1. by the Abbot of Stratford that whereas he did use yearly to repair the Banks and Ditches of the Marshes of West-Hamme as often as need required for the preservation of his Lands and the Lands of his neighbours lying within those Marshes againts the over-flowings of the Rivers of Thames and Luye and that his said neighbours did neglect to do the like for what belong'd to them the said King directed his Precept to the Shireeve of Essex commanding him to distrain all those that were faulty therein to the end that the said Abbot might have contribution in that behalf In 15 E. 1. Iohn de Lovetot and Will. de Lamburne had Commission to view and repair the Banks and Ditches in this County upon the side of Thames and parts adjacent then in decay and to enquire through whose default they became so ruinous In 20 E. 1. the Abbot of Stratford made a new complaint to the King in the like manner as abovesaid Whereupon the said King required the Shireeve to distrain all those who were obliged to such repair of their Banks and Ditches and had not accordingly done their duty therein as also those who did refuse to contribute to the said Abbot according unto their due proportions In 31 E. 1. Walter le Baud Richard de Perneford and Iohn de Dovor were assigned to view and repair the Banks Ditches c. in this County and those at Wolwyche in Kent The like Commission had Iohn le Bretun and Will. de Wauton in 34 E. 1. for those in Essex only Several other of the same kind for this County only were in King Edward the second 's time viz. to H. Spigurnell Iohn de Dovor and Iohn de Malegraffe in 3 E. 2. To Walter le Baud Will. Fitz Robert and Iohn de Norton in 6 E. 2. To the same William Henry Gernet and Thomas Dakenham in 7 E. 2. To Will. de Hanyngfeld Iohn le Burser and Thomas de Ultyng in 8 E. 2. To Nich. Frembaud Henry Gernet Iohn de Davor and Richard Bastard in 9 E. 2. In 14 E. 2. Henry Grene Iohn de Dovere and Thomas de Chene had the like Commission for the view and repair of the Banks c. at Renham Benington and Alvitheley In 17 E. 2. Iohn de Doure Robert de Ashele and Nich. de Scotford the like for all the Marshes upon the Thames in this County So also had the said Iohn Iohn de Wydefeld and Walter de Hegham for the Banks c. betwixt Stretford atte Bough and Est-Tilbury and the parts adjacent In 18 E. 2. Iohn Boteler and Iohn de la Hay were appointed to view a certain Causey betwixt Maldon and Hebrugg under which through an arch the fresh waters had used to run into the Sea which waters were then stopt And likewise to view and repair the Banks c. in the Marshes of Esthamme in Essex and Wolwiche in Kent So also in 5 E. 3. had Robert de Rochford and Will. de Stanford for all the Banks c. within the Hundreds of Densey and Rochford In 10 E. 3. Henry Gernet and his fellow Justices assigned for the view and repair of the Banks c. on the Coast of Thames in this County sate at West Hamme on Wednesday being the Feast of S. Edmund the King where the Prioresse of Stratford made complaint before them that Will. de Masun Bayliff of the Marsh of Westhamme had distrained her for Cs. for the repair of a certain Bank called the Prior's Wall for she said that she neither had nor held any land nor ground in the said marsh for the which any wall ought by her to be repaired and therefore required judgement But she said that one Iohn de Covele long ago viz. in the time of King Henry the third held in the said Marsh as of the fee of Muntfichet which then belonged to Sir Iohn de Handlo fifty acres of land together with the said Bank then called Coveles Wall and a certain piece of Pasture called the Hope lying neer the said Bank without the precinct of the said Marsh viz. between the same Bank and the course of the River of Thames which land together with the said Bank of Hope were before that time ever assessed together for the repair of that Bank whensoever it stood in need And the said Iohn de Couele being so seized aliened the said Bank and Hope to Robert le Ku to hold to him and his heirs for the repairing and maintaining of the said Bank for ever the said Hope then being sufficient for the Pasturage of six Kine as it was reported And afterwards the said Iohn de Couele long before the Statute entituled Quia emptores terrarum sold the said Land by parcells to divers Tenants to hold to them and their heirs of him the said Iohn and his heirs for a certain yearly Rent and sute of Court to be thereupon performed And afterwards the said Iohn did wholly sell from himself and his heirs all the demesn of the before-specified Tenements together with the whole Rent and service which he had wont to receive of his said Tennants unto one Simon de
proceed farther therein because they had not power to compell the said King thereto as by the â—â—nor of the said Inquisition appeareth He therefore for prevention of the damage and peril which for default of such repair of those banks c. might happen being willing that in what concern'd himself all should be done according to reason commanded them the said William Robert and Robert that they should assesse his said Lands for contribution to those repairs according to the quantity of them as they did others for theirs And moreover gave command to Stephan Padiham his Bayliff of Ihamme that he should contribute out of the profits of that Mannour towards those repairs according to the proportion of what the said King held in those Marshes in such sort as others did to the end that the said repairs might not any wayes be retarded In 14 E. 3. Geffrey de Cotes Thomas de Weyvill and Philip de Ellevenwyk had Commission for the view and repair of the banks c. on the Sea-coast in the Marsh neer Pevenesey and Willingdon and those adjacent And the like Commission in 15 E. 3. had Iohn de Frenes Will. de Notton Rob. de Sharenden Thomas de Battenham for those betwixt Bremesley in the Parish of Bixle and a place called the Slough lying betwixt Pevenesey and North Eye And in 16 E. 3. the King by his Precept directed to Iohn Clynde then Bayliff of his Mannour of Ihamme wherein he reciteth his commands to Stephan Padiham his Bayliff of the same Mannour in the 10th year of his reign as I have already shewed and the necessiâ—y of the repair of those Banks in Northe mershe and Spadelonde gave him also strict chardge that he should not omit to contribute out of the revenue of that Mannour according to the proportion which he the said King had in those Marshes in such sort as others did for their Lands forasmuch as the said Banks were at that time for the most part very ruinous But notwithstanding this great care which it appears the King had the work was not perfected of three years after for in 19 E. 3. I find the like Precept directed to the same Stephan who was again his Bayliff of the said Mannour in that year In 17 E. 3. Sir Andrew de Sakevill Sir Andrew Peverell Sir Iohn de Fiens Knights and William de Sessingham had Commission to view and repair the Banks c. in Wretling Hoo Nonfield Ashburnham and Bixle Pevenesey Shipegongebrigge and also Piglynde What was done in that Marsh of Spadelonde before mentioned in pursuance of the said Kings Precept I cannot say but this is certain that within few years after through the force of great Tempests the Sea-banks betwixt Winchelse and Dauneswalle and betwixt Pykammyll and Trecherie were so broken and decayed that as well the Kings Lands as the Lands of divers other persons in that Marsh were overflowed at every Tide to the danger of their utter ruine and the apparent depauperation of the Town of Winchelse and the parts adjoyning The King therfore for the speedy repair thereof did in the 25 of his reign assign Iohn de Ore Stephan de Horsham Robert Arnald and Will. de Pageham his Commissioners to view them and to take order therein In like sort in 32 E. 3. were Sir Iohn Waleys Sir Hugh de Boucy Knights Thomas de Thorpe and others appointed Commissioners for the view and repair of those in a certain place called Pende betwixt the Towns of Brembre Shorham and Launcyng So also in 33 E. 3. were Iohn de la Lee Andrew Saukevill and others for those Banks in the Marshes of Pevenesey Bourne and Wylyngdon The like Commission had they the year following for those in the Marshes of Peveneseye Wylyngdon and Estburne between Hastings and Sefford and the parts adjacent So also in 36 and 38 E. 3. And in 40 E. 3. Raph Spigurnell Robert Bealknap Andrew de Guldeford and others were assigned to view and repair the Banks of those Marshes within the liberty of the Town of Rye towards the East unto the Kings high way which leadeth from Pladen unto the same Town of Rye and towards the South to the said Town of Rye and towards the West to the Sea-bank called Melflet and towards the North to the lands which are called Bernardeshill from Kyngeswyst with direction to determine all things therein according to the antient Law and Custome of this Realm Upon an Inquisition taken in 42 E. 3. the Jurors presented upon their Oaths that one William Fishburne Clerk had then newly made a stone wall upon the Sea-coast at Boseham in pure almâ— and of his meer and free will without any cohercion whatsoevâ—r whereas before that time there had not been in the memory of man any Bank or defence there against the Waves of the Sea but the ground lay waste through the ebbing and flowing of the Tides And they farther said that the Bishop of Exeter was then Lord of the Town of little Boseham and that his Lordship there lay abutting on the Sea-shore in length viz. â—rom the Prebend of Fouctone to .............. of Boseham on the East part to the Prebend of Westebroke in the said Church on the West part excepting one Watermill a Smiths Forge and a Cotage and that the said Bishop had divers edifices there in the hands of Bondmen which were then worth by year beyond reprises xiijs. iiijd. And that several other persons had also Lands there And moreover that the said Bishop and the rest of the Land-holders there were bound to contribute towards the making defence against the Sea-tides there according to the proportion of what they held And in the said 42 year of E. 3. it appears that Robert Bealknap Robert Churchehull William Merlot Iohn VVyn and others were appointed to see to the repair of those Banks c. at Boseham In 44 E. 3. Godfrey Folejaumbe Robert Bealknap Roger Ashburnham and others were constituted Commissioners for the view and repair of the Banks betwixt the Towns of Borne and Rye In the like sort were the Abbot of Battaile Rob. Bealknap Roger Ashburnham and others in 48 E. 3. In the same year the King being informed that the Burgers of Wynchelse had for the advantage of that Town and benefit of the whole Countrey built a certain Bridge at Pypewel over a water called the Chanel of Wynchelse upon the said Kings soyl on both sides of the water for the passage of people and all carriages which was not done with little chardge And that by the violence of the Tides and flouds of fresh water passing to the Sea the said Bridge and banks on each side the said water betwixt the said Town of Wynchelse and the Towns of Odymere and Rye were so broken down and ruined and all the High-wayes about the said Town of UUynchelse so overflowed that
overflowed to the great damage of all the Country adjacent VVhereupon the Shireeve had command to summon the said Towns of Newsome c. who appearing accordingly answered that they could not deny but that they ought to repair and clense the said Sewer and that the same was not stopped by the making of certain Clows therein therefore they were amerc'd And the Inhabitants of Lostsome for their said Town of Lostsome also said that they could not deny but that theyâ— together with the towns of Newsome Birnd Knedillyngton Askelby and Barneby ought to clense and repair the same Sewer but they said that the current thereof was not stopped by the setting down of those Clows as it had been supposed and of this they requested that inquiry might be made by the Country VVhich being accordingly done the Jurors found that the said town of Lostsome together with the towns of Newsome Birnd Knedillyngtone Askelby Barneby had by making of those Clows obstructed the before-specified Sewer therefore the said town of Lostsome was amerc'd and it was decreed by the said Justices that those Clows should be taken away at the chardge of the Inhabitants of that place and of the rest before-mentioned And the Shireeve was required to see the same accomplishâ— and the Sewer repaired In 11 H. 4. Thomas Knight of Arkesey was attached by Iohn Fastolf who alleged that he the said Thomas ought to repair certain Banks upon the River of Done in respect of his lands in Bentley To which the said Thomas pleaded that he ought not In the same year it appears that the Abbot of Thornton was distrained for the repair of Thornton damme and Hamister damme which do râ—ach from Langdyke to the River of Ouse But the Abbot pretending errors in the judgment formerly given required that it should be revoked and so he did likewise for Blaktoft damme alias Hansardamme which extendeth it self from Fulney to the stream of Ouse which Chanel Sir Richard Hansard Knight and the town of Blaktoft ought to repair In 13 H. 4. Gerard Usflete Will. Lodyngton Richard Gascoigne Thomas Egmantone Guy Rouclyff Will. Rosselyn Rob. Haldenby and Iohn Garton were constituted Commissioners for the view and repair of the Banks c. upon the Rivers of Ouse Done and Eyre in the parts of Merskland and to proceed therein according to the Law and Custome of the Marsh. The like Commission in 1 H. 5. had Richard Norton Will. Lodyngton Peter de la Hay Iohn Dronsfeld Robert Barneby Will. Shirewode Thomas Saynpole and Nicholas Braytone for those banks c. from little Smitone to the River of Done and to do all things therein according to the Law and Custome of this Realm So also in 6 H. 5. had William Lodyngton Richard Gascoigne Guy Rouclyf Guy Fairfax Gerard Lodyngton others for the banks upon the said Rivers of Ayre Ouse and Done betwixt Turnbrigg neer Rouclyf the antient course of the said River Done in the parts of Merskland and to proceed therein according to the Law and Custome of this Realm In 9 H. 5. Robert Tirwhit Iohn Preston Iohn Aske Thomas Clarell Peter de la Hay Richard Gascoigne Guy Rouclif Guy Fayrfax Iohn Pigot Robert Rudstane Thomas Banke and Thomas Aungere were appointed to view and repair the Banks c. upon the Rivers of Ayre Ouse and Done betwixt Ouerfmouth and the antient Chanel of Done in the parts of Merskland and to proceed therein as abovesaid The like appointment in 1 H. 6. had Iohn Preston Iames Strangwayes Richard Gascoigne Guy Rouclyff Guy Fairfax Iohn Portyngton Thomas Aunger William Stansfeld and Will. Outhorpe for those banks upon the coasts of Ayre Ouse Done and Went betwixt Snayth and the antient course of the River of Done in the parts of Mersland and to proceed therein as abovesaid So also the year following had Robert Tirwhit Iohn Prestone Sir Henry Bromflet Knight Iohn Aske Peter de la Haye Iohn Ellerker Guy Rouclyf and Iohn Portyngton for those c. upon Ouse Derwent Humbre and Hull within the VVapentake betwixt Ouse and Derwent the liberty of Hovedenshire and VVapentake of Herthill and to do all things therein according to the Law and Custome of this Realm In 6 H. 6. Iames Strangways Thomas Fulthorpe Guy Rouclyff Guy Fayrfax Will. Ashowe Iohn Aske and Thomas Beaulieu were constituted Commissioners for the view and repair of the Banks c. upon the Rivers of Ayre Ouse and Went betwixt Snaythe and the old Chanel of Done in Merskland and to act therein as abovesaid And in the same year Sir Robert Bapthorpe and Sir Henry Bromflete Knights Iames Strangwayes Iohn Ellerker Iohn de Aske Guy Rouclyff and Iohn Portington had the like Commission for those banks c. within the liberty of Hovedene and VVapentake of Herthill as also betwixt the Rivers of Use and Derwent with power to make such Statutes and Ordinances for the safeguard and preservation of the coasts within those limits as should be necessary and fit according to the Laws and Customes of Romeney Marsh and to do all other things therein according to the Law and Custome of this Realm and the Custome of Romeney Marsh aforesaid As also to imprest so many Diggers and other Labourers upon competent wages in respect of the great and urgent necessity to expedite the work as they should think fit to imploy therein So also had Iohn Ellerker Tho. de Metham Thomas Clarell Robert Willughby Guy Roclyff Richard Wyntworth Iohn Maleverer and Iohn Portyngton for those betwixt Turnbryg and the Rivers of Done and Ouse And to make Statutes and Ordinances and to proceed c. as aforesaid And likewise Sir Will. Babyngton Sir Henry Bromflete and Sir Robert Bapthorpe Knights Thomas Metham Esquire Guy Roclyff Iohn Portyngton and Will. Moston for those within the Wapentake of Herthill and the Wapentake betwixt Ouse and Derwent and liberty of Howedon and to act therein as aforesaid So also the year following had Sir Will. Rither Knight Iames Strangways Thomas Clarell Esquires Guy Fairfax Iohn Thwaytes Robert Maleverer and Thomas Lyndeley for the Banks c. upon the Rivers of Ayre Ouse and Yore and to proceed as abovesaid And the like in 13 H. 6. had Iohn Ellerker Thomas Metham Iohn Constable Iohn Portyngton Will. Mustone and Robert Cawode for those in Mershlonde betwixt the Rivers of Owese Doone Ayer and Went and to proceed therein as abovementioned Many other Commissions there were to the like purpose and to make Laws and Ordinances according to the Laws and Customes of Romeney Marsh c. viz. in 23 H. 6. to Iohn Portyngton senior Iohn Nevill Guy Roclyff Iohn Portyngton junior Rob. Roclyff Geffrey Blakey and Peter Perc for those Banks c. in Mershlond betwixt the Rivers of Owese Doone Ayre and Went. In 27 H. 6. to Iohn Portyngtone Rob. Bapthorpe Esquires Guy
in the VVapentakes of Mauley and Coryngham and in the Soke of Kirketone in the said County of Lincolne and in the Soke or Hundred of Basâ—tlawe in this County And to make Statutes and Ordinances therein consonant to the Laws of this Realm and the Laws and Customes of Romeney marsh and to do all other things touching the same according to the Law of this Realm and the said Customes of Romeney marsh As also to imprest so many Labourers upon competent wages to be imployed in the said work as should be needfull considering the great and urgent necessity for the speedy accomplishment thereof The like Commission in 14 E. 4. had Thomas Bishop of Lincolne Will. Lord Hastyngs Sir Iohn Scrope of Bolton Knight Sir Robert Markham Knight Iohn Stanhope Gervase Clifton Robert Willughby Thomas Molineux Thomas Nevill and Iohn Metheley for the view and repair of the Banks and Sewersâ— from Broughton-Sulny unto the River of Devene in this County and from Feldyke in Bingham unto the said River of Devene as also by and about the same River from the County of Leicester beyond Kilvyngton unto the River of Trent in this County And to proceed therein as abovesaid So also in 22 E. 4. had the same Archbishop and most of the before-mentioned persons But farther touching the Fens in this County I have not seen other than what a Law of Sewers made at Stockwith 14 Aug. 5 Caroli mentioneth which is that whereas Iohn Lyens and other Dutch men had undertaken to the King and his privy Council to drayn the Carrs and Marshes in the Lordship of Hatfield in the County of Yorke Axholme in the County of Lincolne and other great Carrs in this County of Notingham and had made divers great Rivers and drayns to that purpose it was decreed that for the better conveying away of the waters one Sluce should be erected on Bikersdyke within the Parish of Misterton at a place lying over the bridge called Bleesford bridge and to make a cut over the common grounds called Bleesford to Mifterton firm grounds And that whereas the said Iohn and his Participants became undertakers for the drayning of certain Carr grounds in Everton in this County of Notingham in consideration thereof they were to have to them and their heirs and assignes for ever five hundred Acres of land laid out from Everton inclosures all along by Gryngeley bank side unto the Tofte Carr banke or New bank to be set out by Surveyors chosen on each part CAP. XXVII BEing now come into Lincolnshire I shall first begin with the Isle of Arholme which for many ages hath been a Fenny tract and for the most part covered with waters but more antiently not so for originally it was a woody Country and not at all annoyed with those inundations of the Rivers that passed through it as is most evident by the great numbers of Oak Firr and other Trees which have been of late frequently found in the Moor upon making of sundry Ditches and Chanels for the drayning thereof the Oak Trees lying somewhat above three foot in depth and neer their roots which do still stand as they growed viz. in firm earth below the Moor and the bodies for the most part North VVest from the roots not cut down with Axes but burnt asunder somewhat neer the ground as the ends of them being coaled do manifest Of which sort there are multitudes and of an extraordinary bignesse viz. five yards in compasse and sixteen yards long and some smaller of a greater length with good quantities of Akorns neer them and of small Nuts so many that there have been found no lesse than two pecks together in some places But the Firr Trees do lye a foot or eighteen inches deeper of which kind there are more than of any other many of them being above xxx yards in length Nay in the year 1653. there was a Firr pole taken up by one Robert Browne of Haxey of xxxvi yards long besides the top lying neer the root which stood likewise as it grew having been burnt and not hewed down which tree bore at the bottome ten inches square and at the top eight About xx years since also in the Moors at Thurne neer five foot in depth was sound a Ladder of Firr of a large substance with about xl staves which were thirty three inches asunder but so rotten that it could not be gotten up whole And in Haxey Carr at the like depth a Hedge with stakes and bindings The truth is that there are so great a number of Trees thus overgrown with the Moor through a long time of stagnation by the fresh waters in these parts that the Inhabitants have for the space of divers years last past taken up at least two thousand Cart Loads in a yâ—ar As to the time when this woody Level which extends it self into Dikes mersh and Hatfield Chase in Yorkeshire became first thus overflowed I can say nothing there being not any memorial thereof transmitted to us from the light of History or Records but that it hath been so for divers hundreds of years the depth of the Moor doth sufficiently manifest which could not in a few Ages grow to that thicknesse it is of Howbeit as to the occasion thereof I may rationally conclude it to have been through the muddinesse of the constant tides which flowing up Humbre into Trent did in time leave so much silt to obstruct the currents of Idle Done and other Rivers that having not their free passages as formerly they flowed back and overwhelmed that flat Country with water insomuch as the high ground became an Island as it is still we see called and a place so defencible in respect of the spaciousâ—esse and depth of the waters environing it that Roger Lord Moubray an eminent Baron of this Realm in K. Henry the second 's time and then Lord thereof adhering to young Henry upon his â—ebellion in those dayes repaired hither and fortified an old Castle which had been long ruinous for reducing whereof to the Kings obedience the Lincolnshire men having no other accesse thereto transported themselves by shipping in the year 1174 20 H. 2. So likewise in 50 H. 3. after the battail of Evesham wherein the rebellious Barons were discomfited some of them fled hither as to a place of security for the reasons above expressed But after that time it was not long ere the Inhabitants of these parts imitating the good Husbandry of those in other Countryes who had by banking and drayning made good improvements in such Fenny places did begin to do the like here For in 1 E. 3. I find that Robert de Notingham and Roger de Newmarch were constituted Commissioners to view and repair those Banks and Ditches as had been made to that purpose which were then grown to some decay So also were Iohn Darcy of the Park Roger de Newmarch and Iohn de Crosholme Several other Commissions there were
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
and covenable Laws and Statutes for the preservation of those Banks and Sewers according to the Laws and Customes of Romeney marsh As also to take and imploy so many Diggers and other Labourers in that work upon convenient wages as should be needfull for the same in regard of the urgent necessity of expedition to be had therein Howbeit after this time till the xith year of the reign of the late King Charls I have not observed any thing else of moment concerning these Marshes but then at a general Session of Sewers held at Glamford brigge upon the last day of March in the said year for drayning of the Fenns and Carrs lying on both sides of the before-specified River of Ancholme in the Lordships of Glentham Bishops Norton Atterby and several other it was then and there ordered by Will. Tirwhit Will. Anderson Marmaduke Darell Samuell Owfield Stephan Anderson Esquires and Richard Nelthorpe Gentleman his Majesties Commissioners that a Tax of s. iiij xiijd. should be assessed upon every acre of land found in a verdict of the said Session in the Towns and places aforesaid for the drayning of those Fenns c. and making a Sluse or Clow near the out-fall of the said River VVhich said summs being not paid accordingly the before-specified Fenns could not be taken in hand there was therefore another Commission shortly after directed to Sir Robert Bell Knight Sir Edward Ascogh Knight Sir William Pelham Knight Will. Tirwhit Will. Anderson Edmund Anderson George Glapthorne and Edward Tourney Esquires who by virtue thereof sate at Glamford brigge aforesaid upon the xxiiijth day of August then next following where they the said Commissioners did decree and ordain that those Fens should be forthwith taken in hand and to that end treated with some Forein Undertakers whose demands being found too high and all other Gentlemen refusing Sir Iohn Munson Knight of the Honourable Order of the Bathe a person eminently qualified with learning and sundry other ample endowments having a fair estate in this County and no small proportion of these surrounded Marshes out of a noble desire to serve his Country declared that he would be the undertaker thereof himself upon the terms that had been proposed by the Commissioners unto those Foreiners and to lay the greater obligation upon them left every Free-holder at liberty to adventure for his own share if they thought fit upon the same rates and giving them a months time to consider of it Of which offer most of the great Lords and owners of that Level accepted Whereupon the said Commissioners decreed First that he the said Sir Iohn Monson should and might forthwith set upon the work and accomplish it within the space of the six next ensuing years Secondly that all the said grounds being so drayned should for ever afterwards continue for meadow and pasture excepting some quantity thereof not exceeding CC acres which was to be left for Lakes and sikes for the reception of superfluous water within the same Thirdly that he the said Sir Iohn his heirs and Assigns should at their own costs repair and keep all Drayns and Sluses which were to be made conducing thereto And for the better preserving of the said work to make such new Drayns and Sluses with Cart bridges over them where need should be in such places as any six Commissioners of Sewers for the time being should think fit Fourthly that in consideration of this great work he the said Sir Iohn his heirs and Assigns should have and enjoy five thousand eight hundred and twenty seven acres of the said Fenns and Marshes dischardged from all Commons Titles Chardges Interest and demand of all or any persons whatsoever to be assigned and allotted to them out of the said Lordships or any six of them before the Feast-day of S. Michael the Arch-Angel in the year of our Lord 1636. to be enjoyed from the time that the said grounds should be adjudged to be drayned by the before-specified Commissioners Fiftly that if through the neglect of the said Sir Iohn Monson after the end of those six years the above-mentioned grounds should happen to be again surrounded and so continue for the space of one whole year together and that by view and judgement of the Commissioners the same should be so certified into the Chancery that then in case it were not again inned and made fit for erable within six months after such certificate transmitted into the Chancery it should be lawful for the owners of the said grounds and their heirs to enter into two thousand Acres of the said five thousand eight hundred twenty and seven Acres untill the said grounds so drowned should be again recovered by the said Sir Iohn Monson c. Sixtly that every person who had lands adjoyning to those drayned grounds which should happen to be bettered by this drayning should pay unto the said Sir Iohn his heirs or Assigns for every Acre so improved so much as by six of the Commissioners of Sewers for the time being should be adjudged fit Seventhly that in case the said River of Ankolme should in order to this drayning be diverted by any new cut such Lords of Mannours and others as have had liberty of fishing in the old Chanel should in lieu thereof have the like benefit and liberty in the new Eighthly that where any mans ground should happen to be cast from his Lordship to the other side of the River the same person his heirs and assigns to have free ingresse and egresse to and from the same through the Lordship of him to which it should be so cast VVhich Decree of the before-specified Commissioners was exemplified under the great Seal of England by the Kings Letters Patents bearing date 27º Octobris 14º Caroli After which at another Session of Sewers held by adjournment at Glamford brigge aforesaid the fourth day of May in the xiiijth year of the said K. Charles by and before William Amcot Iohn Broxholme Marmaduke Darrell Thomas Nethercot Roger Gregory and Mich. Mounckton Esquires Tho. Hely Hen-ry Sandwith Iohn Barnard Edw. Nelthorpe Tho. Farmery and William Darvin Gentlemen Commissioners appointed for this Level upon the River of Ankolme extending from Bishops brigg on the South to Ferriby brigg on the North and from thence to the low water mark in Humbre and into the Mannours of Glentham Bishop's Norton and divers others after recital of the Decrees and Ordinances made in the two former Sessions of 11º Caroli before taken notice of And that at a Session of Sewers held likewise at Glamford brigg aforesaid by and before William Amcott Marmaduke Darrell Iohn Broxholme Esquires and others it was adjudged and declared that the said Sir Iohn Monson had with the expence of great â—umms of money well and sufficiently drayned and recovered those Fens and surrounded grounds according to the tenor of the said Law made the 24th of August in the said 11th year of King Charles the said Will. Amcott and
spout be laid at the higher end of Collyson gate at the chardge of lands that should drayn by it As also another between Hall toft and Richard Lowys his land by the lands that were to drayn by it And another against one Dyke end of Iohn Holy-days by all the lands which should drain by it All which things were then decreed by the before-specified Commissioners and several other Orders by them made for the clensing and repairing of sundry Drayns Sewers and Gotes which were then defective There was also in the same second year of Queen Eliza. reign a Decree made in the Dutchy Court that the Port and Haven of Waynflete from the West end of the Eye unto the Sea or the place called Norman diepe should be repaired diked and scoured of sufficient depth and bredth as before that time had been accustomed and this to be performed by the said Queen or her Fermours of her fishing at Wainflete the heir of Sir William Brereton Kt. or his Tenants and by the Soke of Bullingbroke viz. two parts of the said Port â—â—om the said place called the VVest end of the Eye unto the Sea or plaâ—e called Norman diepe at the chardges of the said Queen or her Fermours the heir of the said Sir William Brereton Knight a fourth part and the Inhabitants of the Soke of Bullingbroke the other fourth part After this viz. 4º Aprilis Anno 1571. 13 Eliz. there was a view taken of the fresh and salt water banks in Waynflete S. Mary by Tho. Quadring Esq the high Shireeve of Lincoâ—nshire Hamond Upton Esquire William Derby and Anthony Kyme and other Justices of Sewers at which time it was presented that the North end of a bank called the Fen dyke in Waynflete S. Maries extending to Deacon gappe against the South in Friskeney being in lâ—ngth three hundred rode ought to be repaired by the Commoners of Waynflete S. Maries for that the said Commoners got Reed and did fish in two Fens adjoyning to both sides of the bank and because the said Commoners had bit for their Cattel in the said two Fens And that from the said Deacon gappe unto the Clow called the Fen Clow and thence unto Strange place the said bank being in length about three miles and in decay so that the Inhabitants of Friskeney were thereby surrounded ought to be repaired by the owners and Commoners as were before that time accustomed to do it Likewise that Simon gote being used as before had been accustomed might serve for a whole Drayn aswell for the taking away of the head of the waters out of the East fen as for the low grounds adjoyning to the same in Friskeney and Wrangle and the said low grounds in Friskeney and Wrangle to bear such reasonable chardges in the same Drayn as by the Bench should be thought meet Also that New gote in Friskenay was a sufficient Drayn for the said Town so that it were scoured and clâ—nsed with the petty Drayns belonging thereto And lastly that Waynflet S. Mary was then destitute of any Drayn whereupon they desired that it might have a Drayn into Waynflet haven All which were then decreed accordinâ—ly And in a Session of Sewers held at Alford 4º Iunii 23º Caroli there was a Decree made that the new Sea bank of Ingoldmels should be raised and skirted to the height of Hogstrop new Sea-bank viz. nine foot and an half twelve foot square and sixty foot in the skirt from the said Hogstrop Sea-bank to Watson's house in Ingoldmels at the chardge of Croft Burgh Bratoft Irby Frisby great Stâ—eping and Gunby the Landlords bearing three parts thereof and the Tenants the fourth CAP. XXX ON the South West side of this Province is Fosse dike an artificial trâ—nch extending from that great Marish below the City of Lincolne unto the River of Trent at Torkley which is about seven miles This was made by King Henry the first in the year 1121. 21 H. 1. for the bringing up of navigable Vessels from the said River unto that City for the Commodity thereof Which trench as it was of special consequence for that purpose so did it no lesse benefit to the parts adjacent by drayning that Fenny Levell from the standing water then much annoying it But this Ditch standing in such a flat that it had no quick current of water through it to scour out the mud and filth which by little and little increased therein it came in time to be so choakt up that it stood in need of clensing for supporting therefore of that chardge certain summs of money were assessed upon those Land-holders which had benefit thereby and Collectors appointed for the same which Collectors converting a great part thereof to their own use King Edward 3. in the 9th year of his reign assigned Adam de Lymberg Geffrey de Edenham Thomas de Sibethorpe and Nicholas Belowe to enquire thereof What was then done therin I find not but certain it is that within thirty years after it was grown so full of weeds and grasse and the earth so trodden into the same by driving of Cattel over it in seâ—â—â—â— places and the mud increased to such a thicknesse that the Citizens of Lincolne aswell in behalf of themselves and other Tradesmen of the City of Yorke towns of Notingham and Kingston upon Hull as several other places did in 39 E. 3. make a great complaint thereof to the King in Parliament representing the damage which accrued to them thereby in regard that ships and Boats could not passe too and fro therein with Merchandizes and Victuals as they had wont to do The said King therefore much tendring the good of that City and the benefit of all other persons who had occasion to passe through the same with Boats and other Vessels for their better advantage in the way of commerce and trade and to that â—nd being willing to apply a speedy remedy thereto constituted Philip de Lymbury Will. de Skipwith Adam de Lymbergh Illard de Usflet Robert de Morton and Walter de Poynton or any four three or two of them to view the said Chanel and the defects thereof and to enquire by the Oaths of honest and lawfull men of this County aswell within liberties as without who they were that ought and had used to clense the same and for how long time and in what manner they had so done and to distrain them and every of them whom they should find lyable thereto to repair and make good those defects as often as need should require and to compell them thereto by amerciaments and such other ways and means as they should think most fit and to hear and determine of all and singular the premisses according to the Law and Custome of this Realm But if these Commissioners did any thing therein it amounted to little for about ten years after the Term being then kept at Lincolne the Jurors of divers VVapentakes in this
every Wane of the Moon and the fourth being stricken with a Palsie continned so untill his parents with great sorrow brought him to the Tomb of S. Audrey and there watching one night and promising upon the Sacrament to make satisfaction he became restored by the intercession of that blessed Virgin Neither was this Church possest by any other than these wicked Priests untill the tenth year of the reign of King Edgar For it hapning in that King's time that one Sigewold a Bishop a Greek by nation and Thurslane a Dane taking notice of the eminency of this place and becomming both of them suters for it more out of covetuousness than devotion one Wlstan de Delham Secretary to the King informed him of the fame and sanctity thereof and told him that such persons were not worthy of it and moreover declared unto him the life and miracles of the glorious Virgin S. Audrey in the presence and hearing of Ethelwold Bishop of Winchester then the Kings Confessor who taking notice thereof with great delight forthwith purchased it of the said King with such immunities and privileges as that it should for ever be free from any Regal tribute or exaction And having so done did put out those secular Priests and repairing the Church which had been destroyed by the Danes and continued desolate for an hundred years introduced Monks thereinto constituting Brythnod Provost of the Church of Winchester the first Abbot All which was performed in the year after the Incarnation of our Saviour DCCCCLx and from the time that S. Audrey first built it CCXCvii receiving into it those Priests which were content to undergo a Monastique life and augmenting it's possessions with divers other lands purchased by himself as also divers rich ornaments And obtained some of the said Kings grant And moreover bought of the said King not only the whole Isle scil xx hides of land which he had therein but the dignity and soke of seaven Hundreds and an half viz. two within the Isle and five and a half in the territory of the East-Angles â—ive at Meldeburne three and an half at Hernyngforde and twelve at North wolde for which he gave in exchange Lx. hides in Hertyngham given unto him by K. Athelstan bestowing other things for which he paid an hundred pounds as also a Cross of gold beautified with merveilous work and filled with Reliques which the said King in confirmation of his said grants and privileges to this place had offered here upon the Altar of S. Audrey with an admirable book So that the whole that this devout Bishop gave to God and S. Audrey within this Isle Marshes and Fenâ—s was no less than Lx. hides And to these concessions did the same K. Edgar adde the grant of xl hides of land lying in the town of Hatfeilde and moreover gave to the said Bishop the mannour of Sudburne upon condition that he would translate the Rule of S. Benedict out of Latine into English which he did and offered it to S. Audrey And lastly bestowed on the said Church his garment of fine purple made aâ—ter the fashion of a coat of mail and wrought throughout with pure gold whereof a Miter was made And out of his own Chapel several little Chests and Scroules with the Reliques of divers Saints CAP. XL. HAving now done with this second foundation of the said Monastery so made by that devout Bishop as hath been observed I must not forget the gift of Staney thereunto This was bestowed on it by the before mentioned Wulstan de Delham who had it with the Fen belonging thereto of the grant of one AEscuen a VVidow which Fen the Monks afterwards dimised for the Rent of two thousand Eeles unto a certain Kinsman of the said AEscuen who having been tenants to it formerly and continuing so likewise during the life of the said King Edgar did at length hold it as their own without any sentence or law of the Citizens and Hundreders Upon complaint made therefore of this injury to AEgelwine the Alderman who was then chief Justice to the King over all England the said AEgelwine came to Ely and summoned Reigmund de Holand and the rest that so held it to come before him to answer the sameâ— but they though often warned refused to appear nevertheless the said Abbot continued his sute and renewed his complaint to the people for that wrong upon all occasions At length the said Alderman sitting at Cambridge there was a great Court of those Citizens and Hundreders before xxiii Judges held under a câ—rtain place calledâ— Thirningfeld neer Maideneberge where the Abbot declared openly to them all how unjustly the said Reimund and the rest had dealt with him in dispossessing S. Audrey of this Staneye and how that they would never appear though frequently summoned VVhereupon the Judges decreed that the before specified Abbot ought to have the same again as also the whole fen and fishing and moreover that he the said Reigmund and the other defendants should pay to the same Abbot the arrear of fish due for six years and likewise give a forfaiture to the King and that if they did not freely do so they should be distrained by their Cattel And thereupon also did the said Alderman command that Oskytel and Osmund Bece with a Godere de Ely should perambulate that land and put the Abbot in possession thereof who did accordingly Of the before specified Abbot Brithnod I also find that by his care and industry the limits of this Isle were first set forth viz. from Cotingelade to Litleport or Abbotes delfe since called Bishops delfe being in length seaven miles And from Cherche were to Straham mere in breadth four within which compass divers petty Isles are included Moreover as a member thereof though lying without this circumference is Dudintone as also Chateriz where was a House of Nunns with the town of Wittlesey and Abby of Thorney which Abbot calling together the Inhabitants on every part thereof assigned them their several portions of land and for a perpetual evidence of the possessions belonging to his Church he caused that large and deep ditch to be cut through the main body of the Fenn which was then called by the name of Abbot's delfe as I have observed to the end it might remain as a boundary in that deep mud and water This Monastery being therefore so amply endowed with lands and otherwise richly beautifyed through the bounty of many zealous people who then thought nothing too much for the glory of God and his service and growing more famons every day than other by reason of the miracles which were done at the tombe of that renowned Virgin S. Audrey multitudes of people for devotions sake flocking thither it hapned that about fifty years after King Canutus a Prince of great wisdome valour and pâ—ety being desirous together with Queen Emma his wife and the Nobles of this Realm to keep the feast of the Purification of our Lady
the King discerning that all his endeavours were fruitless as to the conquering this Isle by war or power having lost so many men in his attempt to that purpose he at length by the Councel of William then Bishop of Hereford and others determined that all the goods and possessions belonging to that Abby which lay without the compass of the Isle should be seised on and divided amongst his Souldiers to the end that they might keep guards on the outsides thereof Of which the Monks having knowledge they forthwith consulted together their Abbot being returned who dissembling to go with those Earles fled with the ornaments and treasure of the Church to Angerhale and resolved not only to yield peaceably to the King in case he would restore unto them freely and honourably all the lands belonging to their Church but to give him a thousand marks and accordingly sent cunningly without the knowledge of the noble Hereward to make that tender to him the King being then at Warwick who acceptably entertaining it they gave admission to him and his Souldiers to come privately into the Isle when Hereward was gone out with his men to forage to the end that the busineâ—s might be done without resistance which being discovered to Hereward by one of the said Monks whose name was Alwyne the Son of Orgar he grew so enraged that he resolved to set fire on the Church and the Town but at the earnest intreaty and prayer of that Monk wishing him rather to have regard to his own safety as also telling him that the King with all his Army was then at Wyccheford within the distance of one furlong and desiring him that he would secure himself by flight in case he had no mind to make his peace he yielded to those his perswasions because he had often accompanied him in his military adventures and been faithfull to him and thereupon presently betook himself to those his Ships which he had to guard the Isle into a certain large and spacious Meer called Wide not far from Welle this being the seventh year of their so holding of the same Isle against the King and sailed thither in regard there were free passages out of it And there resolving to stay a while employed some of his Souldiers towards Saham to plunder and pillage the Country to whom he sent out Scouts to bring them back to him lest they should be taken Which Scouts finding them in a little Island called Stuntney thought them to be their Enemies and therefore two of them viz. Scarfulte and Broher got amongst the Reedes and with their Swords each shaved the others Crown expecting thereby to find the more favour being taken but at length discovering that they were all of a side they went away together and soon got to their Master who had not been long in the said Meer but that the Country people and the King's Souldiers so beset him that being forced to flee he kill'd his own Horse lest any mean fellow should boast that he had taken him and so getting away into Bruneswald and the great woods of Northamptonshire he very much wasted the Countrey thereabouts with sire and Sword And having thus left this Isle where the vastness and depth of the waters had yielded him such great and so long security for which respect I have made this digression I shall conclude with this Characterâ— which Ingulphus the then Venerable Abbot of Crouland gives of him Porro cum supramemorati Comites Edwinus Morkerus Rogerus Comes Herefordensis Radulfus Comes Southfolciae Waldevus Comes Northumbriae inclytâ— Regi Willielmo repugnarent Helienses paludes cum aliis multis magnatibus similiter exhaeredatis occupantes celiri nuncio Herwardus ad eos accersitus Dux belli Magister militum efficitur ubi tot bellica facinora fecit toties adversarios vicit tot vicibus illusit quod perpetuam laudem meruit quippe qui ruinas suae patriae pereuntis quamdiu potuit sustentavit inultos abire ad inferos non permisit Caeteri optimates se Regi dedentes ejus gratiam tentaverunt solus hic omnibus hoc recusans se subdere distulit ac aliâs divertitâ— id est Therefore when the before mentioned Earls Edwine and Morkere Roger Earl of Hereford Raphe Earl of Suffolk and Waltheof Earl of Northumberland not submitting to the King had together with divers other great men in like sort disherited possessed themselves of the Fenns at Ely they forthwith sent for Hereward and made him General of all their forces where he did so many warlike exploits so often beat his adversaries and so many times deluded them that he obtained lasting renown for the same forasmuch as he did so long as he could sustain the tottering ruines of his Country and was not cruel to his Enemies And when the rest of the Nobles rendred themselves in hope of the King's favour he only refusing would not submit but got away Yet afterwards he made his peace And having issue one only daughter called Turfride married to Hugh de Evermuè Lord of Deping in Lincolnshire with the Forest adjoyning entertaining the said Hugh upon a time at his House in Huntendon it hapned that through a quarrel which arose then betwixt them he was there wretchedly slain by his said Son in law And buried at Crouland CAP. XLI KIng William therefore being now possessed of this Isle which he found so troublesome and chardgable in the gaining thought it no small piece of policy to secure the same from the like danger for the future and therefore having afterwards some difference with Scotland compelled the Abbot to maintain no less than xl Souldiers for the defence thereof which being such persons or their substitutes as held of him by military service had their constant dyet in his Hall as also daily pay at the hands of the Celerer But afterwards it was not long erè that this Conventual Church of Ely became a Cathedral for in the time of King Henry the first Richard the theâ— Abbot not being well pleased to live under the Bishop of Lincolne to whose Dioces Cambridgshire within which this Isle is situate then belonged suggesting to the King that this would be a fit place for an Episcopal see and procuring the Popes consent thereunto obtained his desire therein hoping to have been the first Bishop of this new Dioces but though he was prevented thereof by death yet did not the King neglect to do what he was so sollicited unto and therefore bestowing upon the Bishop of Lincolne the Mannours of Spaldwick Bricklesworth and Bokeden in recompence of the losse which the said Bishop sustained by exempting of the said County of Cambridge from his jurisdiction compleated his purpose therein And to the intent that the revenues of this Bishoprick might afford him an honourable support they reduced the number of Monks which were Lxx. to xl whereupon Hervaeus Bishop of Bangor in Wales
lost to the value of xl l. In this distresse the people of the Town fled to the Church for refuge some to Hay-stacks some to the baulks in the Houses till they were neer famisheâ— poor women leaving their Children swimming in their beds till good people adventuring their lives went up to the breast in the waters to fetch them out at the windows whereof Mr. Browne the Minister did fetch divers to the Church upon his back And had it not pleased God to move the hearts of the Mayor and Aldermen of Kings Lynne with compassion who sent Beer and Victual thither by Boat many had perished which Boats came the direct way over the soyl from Lynne to Terington 3 That the Creek which now runneth under Terington bank and underneath them hath within four or five years last past run half a mile off and that about xx years since it did run about a mile off 4 We think that the approach of the said Creek is the greatest cause of the decay and overthrow of the said Banks and that at this present the said Creek runneth where Banks have lately stood being xxiiij foot deep or more at a low water And that by the said outrage there are four other great Creeks worn in the whole ground to the Town-ward where there was Corn reaped the last Harvest whereof two of the said Creeks are fourscore foot broad a piece and neer xxx foot deep and are worn to the Town-ward within ten rod of the Indyke by the reflowing and ebbing of the waters from out of the Town to the Sea-ward and that these Creeks were so worn within the space of xlviij hours 5 We say that the Township of Terington standeth chardged with xiC Rod of Bank at xvi foot to the Rod which within 50 years last past cost making MMxx l. And that ninescore Rod part thereof have by the space of xx years last past been made with earth straw and wood at iiijl. the Rod per annum which is for every year 720l. There hath been more fourscore and two Rod part of the said Bank made very strongly with lime and stone which cost the first making betwixt xvi and xxl. the Rod amounting to MMMl. There was more six Rods of stone wall made which cost CCl. The yearly repair of the said stone walls having cost by the space of xij or xiiij years last past CCl. The repair of viiC Liiij Rode the residue of the said xiC rods cost seven years since CCCLxxiijl. and now upon this rage will cost more There are also two Inbanks lost by the said outrage which were made within ten years last past and cost CCCC l. Also one other Indike made the last year which cost making DXCviii l. and is now ruinated by this last rage to the value of Cxx l. There were also exposed to the Sea this last year without the said Indike Cxxxvi. Acres for which by the Law of Sewers an allowance of fifty shillings the Acre is and must be paid amounting to the sum of CCCxx l. 6 We say that the Salt Marshes of Terington are exceedingly worn away For the Kings Majesty had one Marsh in the occupation of Awdley Lad alias Baker or his assigns called the Gonge Marsh which by report hath contained about CCC Acres and within xxx years last past contained Lx. Acres which is now all worn to the Sea And his Majesty hath lost more within these xxx years C Acres of Marsh being part of other Marshes which the said Mr. Lad holdeth by Lease of his Majesty Which Marshes are as we suppose chiefly wasted or decayed for want of keeping and maintaining of divers Damms which are named and set down hereafter in the answer to the xiith Article 7 We say that the waters of Wisebeche and Elme have antiently fallen to the four Gotes as they now do and from thence they have fallen to the Sea within the memory of man more than a mile off from Terington Banks And it is very probable that in antient time they have fallen to the Sea much farther off But in our opinions upon our view taken they might be carryed at this time a neerer way to the Sea viz. from the four Gotes aforesaid over Tyd marsh and Sutton marshes unto a Creek there called Kings Creeke and there to fall into the deep called Lutton Leame and so to the Sea which is a shorter course for the River by vi miles and hath a much better out-fall 8 We say that all the Towns within the Isle which have been heretofore chardged with the maintenance of Wisebech River and such other Towns in Northamptonshire and Huntingdonshire bordering on the said Isle between Peterborough and Somersham who have heretofore contributed to the maintenance of Clows crosse drayne or Wysebech River shall in our opinions be benefitted thereby And the Towns of Walpole and Terington proportionably but for the portions of money to be particularly rated upon every several Town we leave it to farther consideration 9 VVe say that we hold it convenient there be a new Indike taken at Terington for the present and better preservation of the said Town but whether the said Indike will defend the Town any long time except the waters be diverted and the Marshes imbanked we know not 10 Nihil 11 Nihil 12 We say that these Marshes following are very much decayed for want of making and maintaining of Damms viz between one Marsh in the tenure of Awdley Lad and one other Marsh called the New marsh being also the Kings Majesties being in the tenure of Sir Robert Wynde or his assigns there is a Creek called Hurdle fleet which it x rod broad and xx foot deep within the levell soyl being on the East side of the Ewe marsh and the Myssâ—e which Creek continually floweth and refloweth dangerously over the Marshes But in the memory of man it hath not been Dammed neither can we present who ought to do the same There is also another Fleet called Ground fleet upon the VVest side of Ewe marsh and the Marsh of Mr. Iudde which containeth in bredth 5 rods and in depth xvi foot within the levell soyl which Fleet was never dammed within the memory of man There is also another Fleet on the VVest side of Mr. Iudd's Marsh and the Marsh of Edmund Riches that is in bredth four rode and in depth x foot which likewise within the memory of man was never dammed which said Fleets in our opinions are great occasions of wearing away the Marshes there There is also a passage way or Chase on the VVest side of Ewe marsh which is called UUaterlese diche and on the East side of Mrs. Rachell and Anne Deane and the Marsh of Nicholas Iudde Which Chase is not maintained with Damms as within the memory of man it hath been to the damage of the Marshes but who ought to do it we are ignorant 13 Nihil 14 Nihil 15 We say that in our opinions it were very convenient
for the Inhabitants of the said Town and that no Law of Sewers could compell them thereto and forasmuch as the King was Lord of the same Town which is likewise the Key and safety of other Towns of his Majesties adjoyning they humbly prayed the furtherance of the said Lords to the King to take care and consideration of them therein Dated at Kings Lynne 20 Ian. 1613. And to adde to these losses such were the Snows that fell in Ianuary and February ensuing which occasioned mighty flouds from the Upland Countreys upon their going away that a great part of this Country was overflowed with the Fresh waters viz. from their Bank called the Edge between their Towns and the Smethe unto the new Po dike through divers breaches between Salters lode and Dounham bridge Moreover about four years after viz. 15 Aug. 1618 16 Iac. the Inhabitants of this Country and parts adjoyning exhibited a Petition to the Commissioners of Sewers shewing that Lynne Haven was through outragiousnesse of the tides made much wider than formerly and did put the Country to an excessive charge in the restraining of its wearing more broad and deep and therefore desired that they would take view thereof and cause it to be straightned according to the presidents of former times limiting such fresh waters as did help to the increase thereof unto their proper out-falls The like Petition did they prefer to the Lords of the Privy Council the 13th of November following Whereupon there was this ensuing order made by that honourable board viz That a special Commission should be directed unto certain Gentlemen indifferently chosen out of all those parts together with the Mayor and some Aldermen of Lynne to consider of the conveniencie or inconveniencie of the work as also to what scantling it should be made narrower and the chardge thereof and so to proceed therein But to respite the executing of the said Commission till according to the Law made in August before for opening the Rivers of UUeland and Nene that work were done But if there were delay in opening of those Rivers and complaint made unto the said Lords thereof some course should be taken for their coercion for preserving of Marshland in the mean time also of the parts adjacent from eminent danger After this viz. upon the tenth of December An. 1619. 17 Iac. the Commissioners of Sewers sitting at Peterborough and having in consideration the setting up of a Sluse at a certain place called the Horshoo such was then the siding of the said Commissioners that the Jury became divided in opinion so that nothing being done therein they signified as much to the Lords of the Council VVhereupon the Inhabitants of Marshland exhibited a Petition to that honourable board imploring their care for the safety of that Country and intimatating that the erection of that intended Sluse would be an apparent overthrow thereof VVhich Petition occasioned the said Lords to write unto the before-mentioned Commissioners by which Letters they desired them to consider of the out-falls to the Sea before they drew down the waters from the high Countries that might oppresse Marshland and the low parts adjoyning in the Counties of Lincolne and Norfolk and wishing them that in case they should differ in opinion how these things might be best effected to make choice of two Commissioners out of each of their Counties who might be instructed to give them true information of their differences and that then they would endeavour to give such farther direction as might best advance the publick good with the least prejudice to the private Whereupon they met at Wisebeche and appointed Mr. Henry Kervill and Mr. Robert Balam with some others to take view of the danger of this Country on Tirington side by the fretting of the Chanel as it then ran and to certifie Who accordingly did view the same and certified that the Chanel of fresh waters as it then ran did very much hurt to Tirington and the whole Country of Marshland and that by conveying more waters that way the whole Country would be indangered and therefore for the beter safety thereof they expressed that they were of opinion that a new Cut made from the four Gotes over Tyd and Sutton Marsh unto King's Creeke would be the best issue for those waters the River Nene being brought from Pâ—terborough to Guyhyrne between sufficient Banks for the better grinding of the out-fall and that the River should be cut straight from the Horshoo to the four Gotes And in a Session of Sewers holden at King's Lynne 23º Iunii 6to Caroli recital being made that whereas the Land-holders of Elme Oldfield in the Isle of Ely at the like Session held at King's Linne 17 Apr. 8º Iacobi obtained a Law for the downfall of water in the said Oldfield Lands through the out-rinde Banks of Marshland under certain conditions and limitations expressed in the said Law and under the pain of xll. by them to be forfieted to the Kings Majesty his heirs and successors in case they should take in any waters out of any other fields in Elme or Welle and the abuse in execution of that Law had been very hurtfull and dangerous to the Country of Marshland and Town of UUigenhall in their several Pastures and Fen-grounds by reason of the abundance of fresh waters coming out of the said Field at a Sluse made in Oldfield Bank called Brokendike more than the own waters of the said Oldfield did afford for that there was no provision in the said Law for stopping them up if they should take in or suffer any forein or other waters to come into the said Oldfield For under colour and pretence of the said Oldfield waters they took into the said Oldfield and Says field other waters and also other waters at the Sluse called Mildam and put into their Oldfield fresh waters out of the River for the filling of their Dikes and so when any great rain fell did put those warers into Marshland and also by means of not sufficient keeping and maintaining the River Banks against Oldfield at Lunges droves end that the River waters did run into the field there very extremely in wet winters and most especially the winter preceding And that whereas at a Session of Sewers holden at Beawford Hall by Fryday bridg 27º Martii 9º Iacobi by a Law of Sewers then and there made the Land-holders and others of Waterseye in Elme had a Drayn made from Fryday bridg in the Dyke of the North side of Needham dike being the Fence-dyke of Oldfield and Say's field and so to Welle and from thence into the old Pow dike of Marshland and so through the old Pow dike at Chamber 's house in Stow and so to the River of Ouse with certain Sluses made upon the said Drayn to stop and restrain the waters when they did arise and exceed the superficies of the grounds By reason whereof when the Slusâ— at
the first Presentment or Judgement to charge every man in particular according to the quantity of his land 3. that they had not power to commit to prison persons refractory to their Orders and lastly that actions of trespass false imprisonment and other processe at the Common Law have bâ—en brought against some of their Officers for executing their Decrees and Warrants their Lordships finding in their Wisdomes that it could neither stand with Law nor common Reason that in cases of such great consequence the Law can be so void of providence as to restrain the Commissioners of Sewers for making of new works to withstand the fury of the waters aswell as to repair the old where necessity doth require it for the safety of the Country or to lay a charge upon the Towns or Hundreds in general that are interessed in the benefit or loss without attending a particular Survey and admeasurement of Acres when the service is to have speedy and suddain Execution or that a Commission that is of so high a Nature and of so great use to the Common wealth and evident necessity and of so antient jurisdiction both before the Statute and since should want means of coercion for obedience to their Orders and Decreesâ— whereas upon the performance of them the preservation of many thousands of his Majestiâ—s Subjects lives goods and lands did depend and it plainly appearing that there would be a direct frustrating and overthrow of the authority of the said Commission if the Commissioners their Officers and Ministers should be subjâ—ct to every sute at the pleasure of the Delinquent in his Majesties Courts of the Common Law and so to weary and discourage all men from doing their duties in that behalf for the reasons aforesaid and the supreme reason above all viz. the salvation of the King and people did order that the persons formerly committed by that Board for theâ—r contempt concerning that cause should stand committed untill they did release or sufficiently discharge such actions sutes and demands as they did bring at the Common Law against the said Commissioners of Sewers or any their Officers c. The opinion of Sir Henry Hobart Knight Attorney general to King James touching the making of new Drayns the Case of the new Drayns made in the Isle of Ely and the Taxation set for the same being thus 1 THat the grounds now sought by these new Sewers to be won and drained are such as naturally and antiently were dry grounds and not continually overflown so as they were truly land and not water and are still to this day dry half the year and sometimes in good years longer 2. Nextly that there have been alwayes notorious and common Drayns maintained at publick charge for the conveying away of the waters in times of downfall or other overflows 3. Thirdly that the said antient Drayns cannot now possibly were they never so well maintained drayn the Country because their conveyance whilst they were in use was into the Sea running out at Wisbeche from whence the Sea is now departed so that there is no way now to carry these waters to the Sea but by Lynne Haven to which therefore these works are made to carry them ¶ The case I say standing thus in all these parts I am of opinion that the Law of Sewers lately made for these new works is warranted by the Commission of Sewers and that a Tax may be set aswell for the making and maintaining of it according to the meaning of the Statutes and Commission as it might have been for the old if they had remained still in use And therefore I am of mind plainly that though it may seâ—m still within the power of the Commission by the Letter of it to maintain the old Sewers yet the Commissioners cannot now enforce the mâ—intenance of them when they are no longer indeed Sewers nor benefit nor damage can arise by them for Sewers are made and maintained for the land and not the land for the Sewers On the contrary when they fail reason teacheth and necessity enforceth some other remedy be found in supply of it And the words of the Commission have it plainly that gives power in one Clause to make necessary and behooffull Laws for the safeguard and preservation of the lands lying to the premisses which premisses being restrained as much as may be to the Sewers yet the lands lying to them must be understood the landâ— about them or for which they were wont to serve So that the safeguard and preservation of the lands is the principal end of the Commission which being not to be preserved by the old Sewers are by this Clause to be preserved at largeâ— that is as best may be and by the Judgment of the Commissioners shall be found necessary and behoofull which words and meaning are satisfied in this case Henry Hubbert Nor do we want examples of greater antiquity for such new Cuts and Drayns the names of divers which to this day continue manifesting the same as 1. New-ditch alias Lents hirne in Wisebeche 2. Newdike in Buriall field in Welle 3. Newdike in Witlesey a very fair Sewer Newdraine there also xx foot wide 4. Newdrayne from Croyland to Spalding 5. Newdike alias Sandy dyke there also 6. Newdike in Neatmore in Upwell 7. New-leame there fifty foot wide 8. and New-leame in Chateriz and March Nay it is very evident that even the great Rivers themselves have for the like respects been diverted from their antient and natural Chanels For 1. The River of Ouse its outfall by Wisbeche decaying was not only cut straight but by a new River made from Littleport Chaire to Rebbech was let fall into Ouse parva or Brandon water and thence by Salters lode to Lynne Haven its former course from Littleport being by Wellenhee to Welle and so to the North Seas at Wisbeche 2. The West-water a part of Ouse magna having its course from Erith bridge to Chateriz ferry and thence to Benwick and so to March was for the crookednesse of the way conveyed by a new passage called the Leame through Chateriz Dodington and March and thence by Elme Leame to Wisbeche a course of xvi miles and so continueth all this way 3. Moreton the worthy Bishop of Ely in the time of K. H. 7. to avoid the many and crooked passages in the River of Nene between Peterburgh and the Sea by the way drowning many thousands of Acres out of the whole ground made a new River now called Morton's Leame or the New Leame xl foot wide and 4 foot or more deep viz. from Stanground steafe to Guyhirne being a course of xii miles long at the least and continuing the same through Wisbeche â— for the more speedy delivery of the waters attempted to cut through the Sea-dike to Wisbeche at Bevys-Crosse and again at Eastfields end nigh the Horshooe in Leverington which Banks were in lesse than xxx years before ordained by Commission to be maintained id
est from the first slope of the Bank fifty foot high and so made a new outfall from Wisbeche to the 4 Gotes and thence to the Sea 4. A branch of Nene usually passing from Peterburgh to Crowland and so to Spalding that outfall decaying was turned back by Dowesdale with the South Ee to Wisbeche and so to the Sea 5. A great part of Ouse and Nene united descending from Benwick by great-Crosse to Wisbeche but Wisbeche outfall decaying they both fall by March to Welle and so into Ouse at Salters lode 6. The waters of Welle were by a shorter cut conveyed under Broken-dyke by Hichcock's dam to Elme Floudgates the old way lying through Enmeth by the Wroe 7. The River of Elme running by divers Crooks from Elme to Wisbechâ— was cut straight and the water passed by a shorter course as by the old Chanel on both sides the new River may yet be seen 8. The River in Wisbeche a little above the great Bridge within the memory of man running crooked was cut straight and so to this day continueth 9. The River of Clows-crosse being crooked at either end was in the upper end conveyed by Willow-dike straight to Graynes Hill and in the lower end rectified by a New Cut the old Chanel being forsaken 10. Ingulphus in his History of Crouland maketh mention how Richard de Rullos Chamberlain to King William the Conqueror having marryed the Daughter of Hugh de Evermue Lord of Burne and Deping for the inlargment of his Town of Deping diverted the River of Weland Et in pratis quae erant nuper profundi lacus paludes immeabiles excluso fluvio invenit campos uberimos terram desiderabilem de puteis uliginibus maledictis fecit hortum voluptatis And in the Meadows which before were deep Lakes and drowned Fenns by excluding the River he found them fruitfull fields and as good ground as could be wished nay of the very Pits and Bogs he thereby made a Garden of pleasure Moreover the same River of Weland having antiently its course by Spalding through the decay of the outfall thâ—re a great part thereof sometime fell through grâ—at Possons and so out by Quaplode but that out-fall also decaying as most outâ—alls over the Washes have and still will do that way was stopped up and the River driven to seek a course in a very faint manner by South Ee towards Wisbeche where again through the defect of Wisbeche outfall when it meeteth with the Nene at the New Leames end at Guyhirne they both turn back under Waltersey bank to Hobbes and so to Marche stream and there meeting with the great Branch of Nene come to Welle and so to Salters lode Which River also as saith Leland by a shorter way called the new Drayne was put from Croyland to Spalding as now it goeth 12. The River of Grant by a fair Chanel passing from Beche to Charefen in Cottenham and so into Ouse was diverted and by a straightâ—r course turned down by another Branch of the same River to Harrimere where it loseth the Name 13. Lastly New Eegate in Gosberchurch found through the Marshes another outfall but because it was not so convenient as the first the Jurats as the Record saith Requisiti si cursus aquae quam nunc tenet sit sufficiens ad eductionem deliberationem aquae dicunt qoud â—ic sed dicunt qoud antiquus cursus plus competeret utilior esset quam cursus quam nunc tenet eo qoud minoribus sumptibus reparari poterit directè currendo quà m longè per cireuitum in obliquo citius aqua per ibi deliberari Being asked if the Chanel wherein that water then ran were sufficient for the carrying it away they said that it was but they farther said that the antient current thereof would be more fit and beneficial than it in regard it might be repaired at less charge by running straight than to go about by a long circuit and the water much sooner evacuated And for these two Reasons the Jurats have often proposed to Commissioners of Sewers shorter ways to pass waters as from Leonards Pipe to the four Gotes for the water on Wisbeche North side and a new Drayn xx foot wide by a shorter way from New dike in Witlesey lineally to the great River on the North of Wings lake and many more c. And in a word most of the new Courses proposed for the general draining were of that kind CHAP. LIV. For the general Drayning of the great Level IT hath been a long received opinion aswell by the borderers upon the Fens as others that the total drowning of this great Level whereof we have in our times been Eye witnesses hath for the most part been occasioned by the neglect of putting the Laws of Sewers in due execution in these latter times and that before the dissolution of the Monasteries by King H. 8. the passages for the water were kept with clensing and the Banks with better repair chiefly through the care and cost of those Religious Houses It cannot I confess be denyed but that the opening and â—couring of those many petty Draynes and Sewers which antiently had been made by sundry persons for the better drayning of their own particular lands might much conduce to the sooner taking away of these vast spreadings of water in the Summer season but wholly to clear them was impossible without the perfect opening and clensing of their natural out-falls which the daily flowing of the Tides had choakt up with so great a thickness of Silt as in the xxxviith Chapter of this discourse I have fully shewed In order whereunto the first considerable attempt whereof I have seen any notable memorial was in 20 Eliz. the Queen then granting her Commission to Sir Thomas Cecill Sir William Fitzwilliams Sir Edward Montagu and Sir Henry Cromwell Knights Robert Sapcotts Robâ— Winfeld William Hunstone Edmund Hall Robert Bevell Vincent Skinner and Iohn Mountsteving Esquires and to any four or more of them to proceed according to these following Articles intituled Articles to be enquired on by the Commissioners for the Drayning of the Fenns through and by the Drayn called Clowse Crosse and so to the Sea 1. TO cause a perfect Level to be made of the same Drayn throughout all places convenient from the Clowe-crosse to the Sea 2. Item to enquire by the Judgment of Workmen or otherwise how a perch of the same may be wrought and so consequently what the charge of the whole will amount unto 3. Item how that charge may be most easily born and by whom and how the same may be rated by the Acre or otherwise having a respect to charge the owner of the grounds in severalty with more and the Commoners with less ratably according to their portions 4. Item to enquire and certify the quantity of the grounds that are several and the grounds that ly in Common 5. Item the names of the Towns
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
much streighter than the â—ormer and beginning the same did perfect 800. perches thereof but then being disturbed by contentious people could not go on They therefore ordained that the said works should be again proceeded in till they were perfected 10. And they farther ordained that the said River of Ouse from Harry mere upwards to Odercote should be clensed by those that of right ought to do the same before the 14th of Iuly ensuing to the antient bredth and old bottom 11. And that the great and main arm of Ouse called the Westwater descending by Erith brigg on the West part of the Isle of Ely should be clensed c. to Benwick in such manner as aforesaid As also a Branch thereof called Sutton lode from the said West water to the outfall thereof into Welney water So likewise Ouse diâ—he another Branch of the said West water falling out of the same between Hollwood and Oldstaffe and so unto Sutton weads And that Chatterys new Leam falling out of the said West water should be scoured beneath Chatterys ferry to Key 's Corner so to Chatterys Town thence to Dodyngton park thence to Wymblyngton hoke and March stream thence by Elme leame unto Elme Town and so to Wisbeche great River 12. Also that Ea brinke in Elme from Fryday bridge unto the Town Dam be made as high and feâ—sible as other Banks adjoyning by the Landholders of Redmore And that Mayde lode and Shiplode extending from Welney water unto the main River of Ouse And likewise London lode lying on the other side of the Londoners grounds and falling from the said water of Welney unto Wel Creeke c. be scoured c. 13. So also Darsey Ea extending from Welney River towards Stony ditch belonging to the Mannor of Dodington and the said Sewer extending thence to Maney Ea so to Coxe lode and Dalling's ditch and thence to Dodington leame 14. And that all other Common Drayns Lodes c. within the tract of the said River of Ouse be opened clensed c. 15. And it was farther decreed that the Bank of South lake end presented to be cut by the Inhabitants of Crouland to let the water of Weland run into Borough great fen to the prejudice of the Commoners and hindrance of the outfall at Spalding by diverting the water out of it's antient course should be well and sufficiently repaired and made by the Commoners in the said Fen before the twentifift of March then next following After this viz. about the beginning of March following there was a Petition exhibited to the Lords of the Council by divers of the Commissioners of Sewers for these Counties whereof part do lye within the Precincts of this great Levell Shewing what pains they had taken for two years past in order to the general Drayning and made several Laws But that Letters were come down from their Lordships bearing date 20 Ian. for respiting the execution of those Laws so far as related to the County of Cambr. or Isle of Ely except such as concerned the outfalls of Nene and Weland untill farther directions from their Lordships So that by reason of this stop those parts especially in the County of Cambr. Hunt and South parts of the Isle of Ely were like to be utterly lost And that this great discouragement to the said Commissioners occasioned their Petition that they might be left to their former liberty Whereupon the said Lords sitting in Council at White Hall on the ix of March ensuing ordered that their said Letter of 20 Ian. should be returned back to that Board and that all Laws Orders made by the said Commissioners should be in force As also that such of the Commissioners as do find themselves grieved should give notice thereof to the Session of Sewers and agree upon a day when both parties might attend the Council Table to be equally and fully heard forasmuch as by the procurement of some few of them the said Letters had been sent which tended so far to the distracting of their proceedings Which Letters of the said Lords occasioned this Answer from the said greatest part of the said Commissioners viz. that those xi Commissioners who had formerly distracted their proccâ—edings by procuring the Councils Order for respiting the execution of the Laws of Sewers that had been made c. had again granted out Warrants which tended to a farther distraction of their proceedings and therefore they humbly desired that the duplicate of the Commission then lately procured for Cambridgshire might be called in Not long after this there was a Letter sent from the said Lords to the before-specified Commissioners importing that by the result of that Board an Order was made for a Sluse to be erected at the outfall of Wisbech river and after that so done the River to be ditched And that since that time without the consent of any of the Commissioners within the Hundred of Wisbeche a Law was made for the ditching of the said River that at the particular charge of the same Hundred from Wisbeche bridge unto the Sea but no Law for the Sluse And moreover that the said River when it was last ditched was enlarged from xl foot to Lx foot wide at the charge of the high lands and low Countries and that this Law hath now imposed upon the said Hundred of Wisbeche the ditching thereof to its antient bredth making no mention of the said added xx foot All which considered the said Lords did think fit to vary from some points of those Laws and farther ordered that there should be a Sluse made at the Horshooe beneath Wisbeche at the general-charge of all that drayn that way And that from the Horshoo to the four Gotes and as far further as the Commissioners should think fit the work to be done at the general charge and not by the Hundred of Wisbeche only in regard it is a new work and very beneficial to many Countries As also that the River from the Horshoo to Guyhirne Crosse be made Lx foot wide as it was the last time it was ditched and at the general charge and all Laws crossing these Orders to be made void and that the Order for making the outfalls perfect be generally observed VVhereupon at a general Session of Sewers held at Wisbeche 30 Maii then next following in submission to the Order of the said Lords it was decreed That a strong and sufficient Sluse of Stone and Brick should be set up at the Horshoo beneath Wisbeche at the general charge of all such who were to drayn by the same And that forasmuch as by reason of an unexpected downfall of rain and overflow of waters divers of the works of Sewers decreed at Huntingdon 24 Feb. 1617. had been so hindred as that they could not so soon be undertaken much lesse perfected within the time limited by the said Law it was decreed that all parts thereof should be repealed except what concerned Sutton lode
presently begin the same and finish it so as to make the grounds fit for Meadow Pasture or â—arable within the compass of six years from 1 Oct. following unless the Commissioners should approve the cause of deferring it any longer 2. That suddain overflowings in places remote from the Out-falls should not be adjudged a not Drayning nor Meers Lakes Pooles and Forelands left by Art and Approbation for Receptacles Nor any part of the ground out of which he was to have his proportion 3. That there should be 95000. Acres set out by six Commissioners respect being had to Commoners accommodations before Michaelmass then next following 4. That the Earl and his associates might be incorporated for ever to make Laws Ordinances and Orders and to have power over the lands assigned but no other towards the maintaining of the works 5. That the whole 95000. Acres should be lyable to the first finishing of the work and 40000. towards the maintaining and the 40000. to be subject in case of neglect to the Commissioners of Sewers 6. That when 30000. Acres should be finished the Earl to have his proportion out of it 7. That the private Indikes for partition be made by advice of the Earl and by direction of the Commissioners 8. That the Commissioners shall set out convenient High-wayes and passages by land throughout the Levell 9. Provided that the Port and Haven of Kings Lynne be preserved and the Navigation Passage and High-wayes in upon or about all the Navigable Rivers namely Ouse Grant Neene Welland and Glene to be preserved and no prejudice annoyance hurt or hindrance to be done to them And if any such prejudice annoyance hurt or hindrance upon complaint thereof and of the Commissioners whereof the Vice-Chancellour of the University of Cambridge ....... shall be 3. if they will be present to return abate ....... and amove all such prejudice annoyance c. so that the antient Navigation passages and High-wayes may be preserved 10. For the safety of Holland and Hundred of Wisbeche Clows Crosse Drayn to be kept within soyl or Banks and in case of any prejudice then six Commissioners to reform the excesses and the Earl to make recompence 11. That the new Rivers Cutts and Dreyns the Banks Forelands and inside of the Banks not exceeding 50. or 60. foot to be the Earles paying such recompence as the Commissioners should think fit the old ones to remain as they were 12. No passages upon the Banks but for the towing of Boats 13. That the Earl might take Earth dig Drayns and Cutts upon the lands next adjoyning making recompence 14. That the Commissioners should assist the Earl to suppress ryots insolencies and disturbances 15. Such as should receive benefit by the work and yet no parties to it if their land be taken within the allotment of the 95000. Acres to pay to the Earl as the Commissioners shall assess upon pain to forfeit double 16. That the Earl might hold the 95000. Acres in free socage at xl per annum fee ferm and if any other Rents be issuing that pay be charged upon other lands 17. That the King should release any benefit which by the Law of Sewers made 19. Iac. or by any other law might accrue to him and approve of this Law and that it may be confirmed by Decree in Chancery and Council of State and by Act of the next Parliament 18. That 12000 of the 95000 acres be assured to the King for his Royal assent and laid out upon the lands belonging to the Manour of Whittlesey and the Marshes there adjoyning 19. And that for allotments out of small parcels lesse than 30 Acres there the Earl to divide and accept what 6 Commissioners should assess These things being thus setled the said Earl taking in divers Adventurers as Participants with him therein they cast the whole so allowed for their recompence into twenty parts or lots each lot consisting of four thousand Acres whereof himself was to have three shares or lots Oliver Earl of Bullingbroke one Edward Lord Gorges one Sir Robert Heath Knight one Sir Miles Sandys Knight and Baronet two Sir William Russel Knight and Baronet two Sir Robert Bevyll Knight one Sir Thomas Terringham Knight two Sir Philibert Vernat one William Sams Doctor of Law one Anthony Hamond Esquire two Samuel Spalding Gent. one Andrew Burwell Gent. one and Sir Robert Lovet Knight one And thereupon he the said Earl and those his Participants did by Indenture of fourteen parts covenant with each other that if any one of them or their assignees after notice should fail in the payment of such moneys as from time to time should be imposed on them in pursuance of that agreement for carrying on the said work that then it should be lawfull to and for the rest of the said parties or their assignes to supply the same or to admit some other person or persons to have the share of such defalture paying the sum imposed on the said share and that all such parties as aforesaid by himself or his assignes so failing should be wholly excluded and for ever debarred from demanding or receiving all or any such sum or sums of money as any such person or persons had formerly disbursed for and towards the said undertaking VVhich agreement so made the said Earl and his Participants or such unto whom several proportions of those lots or shares were by them assigned began the work and in order to the carrying off the superfluous water wherewith the Level was so much annoyed caused these several Chanels to be made viz. 1. Bedford River extending from Erith to Salters lode Lxx foot wide and xxi miles in length this being intended for taking off the high flouds from the River of Ouse having at each end thereof a Sluse of great strength 2. Sam 's Cut from Feltwell to Ouse being about six miles in length and twenty foot in bredth 3. A Cut to drain the River of Mildenhall in Burntfen neer Litleport two miles long and fourty foot wide 4. Bevill's Leame being a Cut from Witlesey meer to Guyhirne about ten miles in length and xl foot in bredth 5. Morton's Leame before-mentioned new made 6. Peakirk Drayn ten miles in length and 17 foot in bredth 7. New South Ea from Crowland to Clows crosse 8. Hill's Cut neer Peterborough about two miles in length and 50 foot in bredth 9. Shire Drayne from Clows crosse to Tyd and so unto the Sea Moreover besides these Cuts and Drayns he caused two Sluses to be made at Tyd upon Shire Drayne to keep out the Tides as also a Clow at Clows Crosse for the fresh water And likewise a great Sasse on Welle Creeke with a Stone Sluse at Salters lode upon Bedford River to keep out the Tides and Sluses at Erith for the fresh But above all that great Stone Sluse below Wisbeche at the Horshoo to hold the Tides out of Morton's Leame which cost about eight thousand pounds And to the end they
might the better accomplish this so great an undertataking as also maintain and preserve the works after they should be compleated the said Francis Earl of Bedford and his Participants did in the x year of the said Kings reign obtain Lettees Patents of Incorporation bearing date 13 Martii whereby the said King making some recital of the before-specified Laws of Sewers made at King's Lynne 13 Ian. 6 Car. with his royal assent thereunto did incorporate him the said Earl and certain other persons viz. Oliver Earl of Bullingbroke Henry Lord Maltrevers Edward Lord Gorges Sir Francis Crane Knight Chancellor of the most noble Order of the Garter Sir Miles Sandis Knight and Baronet Sir Thomes Teringham Knight Sir Robert Lovell Knight Sir Filbert Vernat Knight Sir Miles Sandis Knight William Sams Doctor of Law Oliver S. Iohn Esquire Anthony Hamond Esquire and Samuell Spalding Gentleman into a Body politick to be Guardians and Conservers of the Fen lands in the Counties of Cambridge Huntington Northampton Lincolne Norfolke Suffolke and Isle of Ely by the name of a Governour Deputy Governour two Bayliffs and Commonalty of the Society aforesaid and that they and others to be elected into that Fellowship to have a perpetual succession by those Names and Titles with power to purchase lands plead and be impleaded and to have a common Seal And moreover that out of this their Society be yearly chosen upon the xxix of September one who shall bear the name of Governour another to be Deputy Governour and two others to be Bayliffs of the same Society to continue for one compleat year each of the said Commonalty having of Inheritance five hundred Acres at the least in the said Fen lands That upon Death or Removal the Survivors to elect others in their rooms And that six shall have power to make Laws for the publick benefit of the Society whereof the Governour or Deputy Governour to be one Also that the Governour Deputy Governour and Bayliffs shall make Oath for the due execution of their Offices so likewise their Servants and Ministers By this Charter of Incorporation the said Governor Bayliffs and Commonalty of this Society and their Successors are likewise constituted Guardians of all the Waters Rivers and Fens within the Precincts aforesaid with power to seise and take all Nets and other Engines made and used therein for destroying of Fish contrary to the Laws and Customes of this Realm And they be thereby impowred to enquire by Oath of all Trespasses and Offences committed contrary to the Laws and Customes of the Kingdom and to punish the Offenders by Fines and Amerciaments which Fines and Amerciaments to be levied by their Officers and to be to the use and benefit of the Society without any Estreits thereof made into the Exchequer Likewise to build Churches or Chapels and make Church-yards in such fitting places of the said Fens as they shall judge meet and to cause them to be consecrated by the Bishop And to take reasonable Tolls of all Carriages and Commodities at such Bridges as they shall erect and maintain So also for laded Boats passing under the same Bridges And lastly to Register all conveyances of these their lands within three months after the making thereof in certain Books to be kept for that purpose by the said Governour and Bayliffs All which being accomplisht about three years after in a Session of Sewers held at Peterborough xii Oct. 13 Car. the whole Levell was adjudged drayned and the ninety five thousand Acres were set out by six or more of the said Commissioners by metes and bounds unto the said Francis late Earl of Bedford his Heirs and Assignes the charge of these works to the said Earl and his Participants having been no lesse than an Hundred thousand pounds But notwithstanding this great expence it was at length evidently discerned that though the lands were very much improved by those works yet were they subject to Inundation especially in the Winter season and therefore in a Session of Sewers held at Huntendon 12 Aprilis the year ensuing the said Earl of Bedford's undertaking was adjudged defective And on the xxiii of May following in another Session held at Wisbeche the particular defects therein being considered by the Commissioners there was a new Tax of xv s. the Acre imposed by them but upon Dâ—ping fâ—n xxx s. the Acre Waldersey and Coldham xx s. the Acre Needham fen vis viijd the Acre For the Marshes within the precincts of Walton Wallokne and Walpole in the County of Norfolke Tyd S. Maries Sutton in Holand Lutton Gedney Fleâ—te Holbeche Ouaplode Moulton and Weston in the County of Lincolne Wisbeche Leverington Newton and Tyd S. Giles in the County of Cambridge xls. the Acre Marshland â—en xxs. the Acre and other the Fens and low grounds in Marshland x s. the Acre The Common and several Fen-grounds lying within the North side oâ— Wisebeche between South Ea bank Wisebeche River the old Sea-bank and the Shire drayn viz. the Common Fen-grounds lying in Neuton and Tyd within the said North side of Wisebeche xx s. the Acre and the several Fen-grounds in Neuton and Tyd aforesaid x s. the Acre and the rest of the Common Fen-grounds lying within the North side of Wisebeche vi s. viij d. the Acre The Common and several Fen-grounds in Holand in the County of Lincolne viz. the Common at xx s. the Acre and the several at x s. And it was then decreed that the said Tax should be paid in to the Treasurers appointed to receive the same before the xviijth of Iuly then next ensuing that present Session to the end that it might be speedily imployed in the work that so the said Fens might by sufficient Drayning be made aswell Winter-grounds as Summer-grounds in all the parts thereof saving convenient Forelands and Receptacles for Winter flouds Hereupon his late Majesty King Charles the first of blessed memory taking this great business into his Princely consideration and foreseeing that these lands being a continent of about four hundred thousand Acres in case they were made Winter-grounds would be an extraordinary benefit to the Common-wealth viz. of six hundred thousand pounds per annum value as also a great and certain revenue to all parties interessed And likewise because the Owners who were very many could not agree to do so great a work one being willing and another not one able to contribute another not was therefore pleased to undertake the making of those lands Winter-ground at his own charge whereby the said four hundred thousand Acres might be profitable firm and good And for the better performance thereof did command divers Gentlemen expert in such adventures to give their advice how these lands might be recovered in such manner as that they might be made Winter-grounds to the end the said work might be compleated Amongst which the before-specified Sir Cornelius Vermuden was one who after view taken thereof returned their
County did exhibit a Presentment in the Court of Kings Bench importing that this Chanel called Fossedike extending it self from the River of Trent at Torksey unto the City of Lincolne having been antiently open and full of water so that ships and boats laden with Victual and other vendible Commodities did use to passe to and from Notingham Yorke Kingston upon Hull and sundry other places and Counties by the said River of Trent and so by this Chanel to Lincolne and from Lincolne to Boston to the great benefit of the said City of Lincolne and advantage of all Tradesmen passing that way as also of the whole Country adjacent was then choakt up for want of clensing and repair And that the Prior of Torkesey and town of Torksey with the members thereof the Prioresse of Fosse Iohn Bishop of Lincolne Gilb. Earl of Angos his Tenants Sir Raphe Daubney Knight and his Tenants the Abbot of Newsum Iohn Frunell â— the Tenants of the lands of Gilbert de Bridshull the Tenants of the lands of Hugh de Normanton of Saxelbie the Lady Katherine Swinford Iohn Brett of Thornhagh in the County of Notingham Sir Raphe Painell Knight and all other the Lords of the Towns lying on each side the said Chanell and their Ancestors whose Lordships lay on either side and abutting on the same every man according to the proportion lying against his own Lordship did and ought to clense and repair the said Chanel And they said moreover that it had been so choakt up and obstructed for above thirty years then last past to the great damage of the King as also of the whole Country and City aforesaid Notwithstanding which Presentment the King issued out a Commission the very next ensuing year unto Sir Michael de la Pole Knight Mr Geffrey le Scrope and Iohn de Stafford Clerk to enquire touching the obstruction thereof But I make a question whether it was thereupon clensed for in 8 R. 2. which was about nine years after I find that Iohn Duke of Lancaster Iohn Bishop of Lincolne Henry Percy Earl of Northumberland Sir Michael de la Pole Knight Sir Philip Darcy Knight and others were appointed by the said King to cause it to be repaired and scoured so that ships and boats might have a clear passage through it as antiently they had used CAP. XXXI The Marshes on Withom ON the South side of this Province lyeth the River of Witham extending it self from the Suburb of Lincolne to Boston by which stream great Vessels have antiently come up from Boston to that City as the Inhabitants thereof do by tradition affirm and as may seem by large ribs of them which within memory have been there dig'd up But the descent of this stream from the said City to the Sea is so little that the water having a slow passage cannot keep it wide and deep enough either for navigation or drayning of the adjacent Marshes without the frequent helps of digging and clearing the same the mud and weeds increasing so much therein I shall therefore in the next place take notice of what I have met with tending to that purpose as also of it's course above that City whereof the first mention that I find is in 6 E. 3. Henry de Fienton Will. Dysney and Thomas de Sibthorpe being then constituted the Kings Commissioners for the viewing thereoâ— betwixt the Town of Bekingham and the City of Lincolne it being turned out of it's right Chanel in sundry places and so obstructed with sand mud and plantation of Trees as also by Floud-gates Sluses Mills Causeys and Ditches that the course of the same being hindred caused frequent inundations to the lands adjacent After this viz. in 37 E. 3. there was a Presentment exhibited to Iohn de Repynghale and H. Asty then the said Kings Commissioners of Sewers sitting at Newerk upon Monday next after the Feast of S. Laurence for the view of the said River of Withom and removing all obstructions and impediments wherby the free current thereof from the Town of Claypole unto the said City of Lincolne was hindred VVhich Presentment being made by the Jurors for the Wapentakes of Boby and Graffow importeth that the East Mill at Bracebrigge belonging to the Knights Hospitalars of S. Iohn of Ierusalem in England standing in the right course of that River did obstruct the current thereof to the great damage of the said King and the Country and that this was through the default of those Knights Hospitalars And they farther said that the same River then had not sufficient depth nor bredth from the Sheep-cote belonging to the Prior of S. Katherines unto the bridge at Bracebrigge and that the said Knights Hospitalars had certain Floud-gates therâ— which did turn the right course of that River out of it's proper Chanel whereupon the Shireeve of Lincolnshire was commanded to summon the Prior of the said Hospital of S. Iohn of Ierusalem to appear before those Commissioners at Newerk the Wednesday next after the Feast of the Assumption of the blessed Virgin then next ensuing to answer to these particulars Who appearing accordingly did allege that he and his Predecessors had been seized of the said Mill time out of mind as in the right of their House and that the said Mill then stood as it had antiently used to do without that that either he or his Predecessors had built any new Mill there and that this he was ready to justifie And as to the Floud-gates he said that it was erected there time out of mind with this Order viz. that the Gates thereof should be yearly removed from the Feast day of S. Elene in the month of May unto the Feast day of the Exaltation of the Holy Crosse but that after that day untill the Feast of S. Elene they should stand in their places And if the said River of Withom should happen upon any occasion to be so much raised as to be above a certain stake standing on the South side of the said Floudgates then the same Gates to be removed untill the water should abate to the height of that stake which said stake had been there made and placed for a gage time out of mind without that that any Floud-gates were raised higher than that stake or that the same Floud-gates ought to be removed The businesse therefore being come to this issue the said Commissioners sitting at Carleton in Moreland on Friday next after the Feast of S. Iohn Baptist in the year abovesaid it was found by a verdict of the Jurors that the said Prior of S. Iohns and his Predecessors were not seized of the said Mill and Floud-gates time out of mind as had been before alleged but that they were erected there after that time though not by the said Prior therefore it was decreed that the said Mill and Floud-gates should be removed and the Shireeve of Lincolnshire had command to remove them accordingly and to make certificate of his doings