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
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 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
the Banks betwixt Grenewiche and Plumstede and to take order for their repair whose Commission bears date the 7th of May. And upon the 25 of the same month such was the necessity incumbentâ— the King issued out another Commission unto Will Stury Simmon atte Lee and Roger de Byshell requiring them to take in and imprest such and so many Labourers aswell within Liberties as without for competent wages as they should have need of for the repair of those Banks Ditches and Sewers between Grenewiche and Plumstede aforesaid provided that such Labourers were not then imployed in his the said Kings own work nor retained in the service of others In the next year ensuing Otto de Grandisone Will. de Waure Richard de Stone and Iohn de Rous were appointed to view the Banks and Ditches adjoyning to the Marsh of Stone then ruinous through the violence of the Sea and neglect of the Land-holders therein In 31 E. 3. Will. de Notton Richard de Birton Thomas de Lodelawe Thomas Moryz and Simon de Keggeworth had the like appointment concerning those Banks c. lying betwixt Grenewiche and Dertford So also in 34 E. 3. had Iohn the Son of Sir Iohn Cobham Knight Iohn the Son of Sir Raphe Cobham Knight and others for the view and repair of a certain breach of a Bank neer Stone whereby a great part of the Marsh of Stone and the adjacent parts were overflowed and drowned by the Tides In 36 E. 3. Thomas de Lodelowe Will. de Holdone and some others had Commission in like sort for the view and repair of those betwixt Grenewyche and Plumstede And in 40 E. 3. Iohn de Cobham of Kent Thomas de Lodelowe Thomas Morice Iohn Dyngeleye and others for those in the Marshes of Dertford and Eard wherein they were required to proceed according to the Marsh-law In 42 E. 3. Simon de Kegworth Richard de Norwiz Robert de Eareth and others for the Banks betwixt Wolwiche and Eareth and to do all things therein according to the Law and Custome of this Realm And in the same year the before-specified Iohn de Cobham of Kent Thomas de Lodelowe and Roger Godchestre for those in the Marshes of Derteford and Eard So likewise the next ensuing year had the same Iohn and Thomas with Will. de Halden and others for the Banks in the Marshes of Derteford and Stone and command to hear and determine all things therein according to the Marish Law In 47 E. 3. the Abbot of Lesnes Sir Thomas de Lodelawe Knight Simon de Kegworth and Will. de Horne had Commission to view and repair those Banks c. betwixt Plumstede marsh and the marsh of Lesnes The next year following Iohn de Whitwell Iohn Chertseye and Iohn Wroth junior had the like Commission to take view and see to the repair of divers other Banks c. in several places bordering on the before-specified River of Thames And in the same year Will. de Haldene Roger Dygge Thomas de Shardelowe and Nich. Heryng for those in the Marshes of Derteford and Stone So likewise had Will. Halden Adam de Bury Nicholas Heryng and Thomas Shardelowe for the Banks c. betwixt Hecham and Dertford In 1 R. 2. the said Will. Halden Nich. Hering Will. Horne and Iohn Tendre were assigned to view and take order for the repair of those betwixt Dertford and Grenewiche wherein they had direction to proceed according to the Marsh Law And the next ensuing year Robert Bealknap Will. Halden Nich. Hering and Henry Vannere had the like assignation for those Banks c. betwixt Combe and West-Grenewiche In 3 R. 2. Robert Bealknap Nich. Hering Thomas Illeston and Robert Loxle had the like for those betwixt Grenewiche and London bridge So likewise in 6 R. 2. Iohn Cobham Robert Bealknap Iohn Philippot Iohn Fremyngham Henry Vannere Will. Brenchesle Thomas Shardelowe and Peter Hereford for those in the Marshes of Dertford and Stone and to hear and determine all things therein according to the Marsh Law And in 8 R. 2. Sir Will. Waleworth Knight Rob. Walbelton Roger Ashburnham Iohn Olyver and Will. Brynchesle had the like assigâ—ation for those betwixt Grenewich and London bridge So also had Sir Iohn Fallesey Knight Roger Asâ—burnham Will. Staunden Citizen of London Thomas de Skelton Will. Brynchesle and Iohn Olyver and to proceed therein according to the Law of the Marsh and the Laws of this Realm In 16 R. 2. Sir Iohn de Cobham Knight Will. Rikhill Will. Makenade Will. Skreene Iohn Colepepir Walt. Roo and Will. atte Wode had Commission for the view and repair of the Banks Ditches c. betwixt Plumstede and Northflete with direction to act therein according to the Law and Custome of this Realm and the Custome of Romeneye marsh And the next year following Will Rikhill Sir Iames de Peckham Knight Will. Makenade and Iohn Fox of East-Grenewiche had the like for those betwixt Depford and Charleton and to proceed therein as aforesaid In 20 R. 2. Will. Makenade Richard Mariell Thomas Frisby Iohn Lufwyk Thomas Arthington Richard Cliderhowe Will. Hesille and Iohn Newport the like for those Banks c. in the Marshes of Dertford and Stone and to proceed according to the Marsh Law In 22 R. 2. Will. Makenade Robert Oxenbrigge Will. Frye Will. Skreen Iohn Preston Thomas Lexham and Iohn Hall were assigned to view and take order for the repair of all the Banks c. betwixt Wollewyche and Suthwerke and to act therein according to the Law and Custome of this Realm and the Custome used in the Marsh and to imprest so many Labourers therein upon competent wages in respect of the then great and urgent necessity as might serve for the performance of that work In 1 H. 4. Will. Rikhill Richard Muriel Thomas Erdyngton Will. Cressewyk Iohn Martyn Will. Hesell Iohn Mayhewe and Solomon â—Fresthorpe were appointed to view and take course for the repair of those in the Marshes of Est-Grenewyche Combe Charleton and Wollewyche and to proceed therein according to the Marish Law And in the same year Iohn Colepepir Will. Makenade Stephan Batenham Iohn Martyn and Iohn Newport for those in the Marshes of Derteford and Stone and to act as aforesaid In 3 H. 4. Iohn Colepepir Will. Hesyll Thomas Lodelowe Iohn Urban Iohn Crepyn Iohn Martyn and Thomas Appelton for those in Derteforde marsh and to act according to the Law of the Marsh and the Law and Custome of England In 5 H. 4. Will. Brenchesle Nich. Carreu Will. Makenade Will. Askham Robert Oxenbrigge and Thomas Remys had the like appointment for those betwixt London bridge and Grenewyche and to proceed therein according to the Custome of Romeney marsh and the Law and Custome of this Realm In 7 H. 4. Wil. Hankford Thomas Tildeslegh Nich. Carreu Walter Hoke Will.
Crowemere Iohn Westone and Richard Wakehurse had the like and to act according to the Law and Custome of this Realm And in 8 H. 4. Sir Arnald Savage Knight George Ballard Richard Clitherowe Stephan Bettenhamme Iohn Martyn Will. Elys Will. Notebem and Thomas Ikham were constituted Commissioners as aforesaid for the view and repair of those Banks c. lying betwixt West-Grenewyche and S. Margarets â—tte Clyve and to proceed therein according to the Law and Custome of this Realm and the Custome of antient time used in Romeney Marsh. In 10 H. 4. Sir Iohn Oldcastell Knight George Ballard Richard Clyderhowe Iohn Martyn and Iohn Urban were constituted in like sort for the view and repair of those Banks c. situate betwixt Grenewyche and Depford and to perform all things concerning that businesse according to the Marish Law till then used and Law and Custome of this Realm And in 12 H. 4. the said Sir Iohn Oldcastell Iohn Martin Iohn Urban Iohn Krepen Iohn Weston Walter Roo and Iames Dyngle for those betwixt Northflete and Grenewyche and to do all things therein according to the Law and Custome of England In 15 H. 6. Richard Bamme Reginald Pekham Iohn Bamburgh Iohn Chymbeham Rob. Reynold and Walter Groveherst for those in the Marshes of Dertford and Stone and in Swainescompe with power to make Laws and Statutes for the same according to the Laws and Customes of Romeney marsh and the Law and Custome of England As also to imprest as many Labourers c. upon a competent salary as might accomplish the work considering the great necessity in respect of the damage impending In 14 E. 4. Sir Edward Nevill of Bergenny Knight Iohn Abbot of Bermundsey William Abbot of Lesnes Wil. Hatteclyf Iohn Bromstone Iohn Grene Iohn Bam Roger Appiltone Rob. Ballard et Iohn Alfegh were constituted Commissioners for the viewing and repairing the Banks from West-Grenewich to Gravesend and to proceed in all things tending thereto according to the Laws and Câ—stomes of this Realm and the Custome of Romeney marsh The same year the like Commission was issued unto Will Abbot of S. Augustines in Canterbury Sir Edward Nevill of Bergavenny Knight Iohn Abbot of Lesnes VVill. Hatclyf Iames Haute Esquire Iohn Bromston Esquire Iohn Grene Esquiâ—e Richard Page Iohn Bavyn Roger Appeltone Roger Brent Iohn Alfegh VVill. Swan Robert Balard Roger Shelley Iohn Nethersole and Iohn Hurt for those Banks betwixt Wolwiche and Northflete and to act therein as aforesaid Howbeit notwithstanding these good Laws and Customes and the care of the Commissioners in seeing them put in execution such hath been the backwardnesse of some that for want of timely repair of those breaches which through the violence of the tides were made in the Banks of Plumsted Lesnes Erith the Marshes of Plumsted and Lesnes were not only suffered to be drowned but after several Taxes made for regaining of them and for making a new crosse wall from the Thames to the upland for inning of the said Marsh called Plumsted marsh and a certain number of Acres in the levell and Marshes of Lesnes and defending them from the overflowing of the water which entred at Erith breach and for further maintenance of the old Marsh-walls by the Thames side from the said new crosse wall nigh unto Wolwiche divers that were assest paying not their proportion the same Marshes and levell would have been irrecoverably lost had not the Bayliff of the Marsh and others by his assignment laid down the money For recovery therefore of the said Assessments and the better levying of such summs of money as had been before imployed for the inning and defence of those Marshes upon complaint made in Parliament in 22 H. 8. it was then enacted that the Bayliff of the Marsh should cause Proclamation to be made upon any Sunday afterward in the Parish Church of Plumstede for the payment of all such arrears of the said Taxes within xx dayes then next ensuing and that he who made payment of the same accordingly should be dischardged of his doubles otherwise not And if the said Tax and Doubles should not be paid by the Feast of S. Michael the Arch-Angel then next following that then every possessor or Tenant of any lands lying within the said Marshes or any other who would pay that Tax to the said Bayliff his Executors or Assignes might enter into the Lands and Tenements so assessed and hold the same to himself and his Heirs for ever except it should be redeemed within three years then next following And in 37 H. 8. upon the like complaint made in Parliament that the Marshes called the New Marshes Combe Marshes in the Parish of East Grenewiche were often in peril of overflowing through the neglect of some persons chardgable with the repair of those Banks which had antiently been raised for their preservation from that danger it was also enacted that all and every such person and persons as then were or which thenceforth should be owners of the said Marshes or of any parcell thereof should at all times after the end of that Session of Paliament pay and be contributory towards the reparation of the said Marshes from time to time after the rate of the Acre as other owners had before that time been chardged And that the Expenditors and Collectors or one of them from time to time when any Assessment or Tax should be had or made in that behalf to distrain the goods and Cattell of such persons that should refuse to pay after such rate and the same distresses to retain keep and use according to the Laws of Romeney Marsh in such behalf of antient time used But notwithstanding that care taken by the Act of Parliament of 22 H. 8. before recited touching the Marshes of Erith Plumsted and Lesnes it was represented to the Parliament in 5 Eliz. that there was a certain ground containing about two thousand Acres lying in the Parishes of Erith Lesnes and Plumstede before-specified which in former times were good Pasture grounds and meadows but by certain breaches within the space of xxx years then past laid waste by the inundation of the Thames And that one Iacobus Acontyus an Italian and servant to the Queen had undertaken at his own chardges the recovery thereof in consideration of a moytie of it for his chardges but that the Lords and owners thereof were many and had several kind of estates therein whereby their assents and good assurances could not be procured It was therefore enacted that the said Iacobus and his assigns and their Servants Factors Labourers c. should at the costs and chardges of the said Iacobus after the tenth day of March in the year MDLxii for the term of four years then next following inne fence aâ—d win the said grounds or any parcell of them And that having so won and fenced the same or any of them that he the said Iacobus and his
choakâ— up did endanger the drowning the adjacent Marshes and that the clensing thereof pertained to the heirs of the said Richard And lastly that there was a certain Sewer called Ozflete pasâ—ing from the water of S. Thomas unto the Thames stopt up also for want of clensing to the great annoyance of the Lands of Iohn Capsho and Robert Allard which Sewer ought to have been scoured by the said Iohn and Robert It was therefore ordained by the before-specified Justices that the said Sir Iohn le Latimer and the rest of the persons so presented as aforesaid should be distrained to make good the several repairs above-mentioned so belonging unto them In 26 E. 3. Will. Thorpe Iames Hâ—fee and Will. de Fifhide were appointed 〈◊〉 view and repair the Banks aâ—â—he Stewes and in other places adjaâ—â—â—â—â— by the breach whereof divers groundâ— and meadows lay then totally drowned And in 37 E. 3. Edmund Chelreye Thomas Morice and Michael Skillyng had the like appointment for those Banks neer the said Stewes which were opposite to the Mannour House of Iohn de Moâ—bray Before which Commissioners divers presentments were then made touching those Banks and Sewers neer the same Stewes where divers persons being found faulty paid fines to the King others acknowleged that they ought to repair them by the perch and others had made good what belonged to them to do whereof the Prior of S. Iohns of Ierusalem was one who had two Mills there and other lands to the value of xl per annum The like was certified of Sir Iohn de Moubray Knight and Elizabeth his wife daughter and heir of Iohn de Segrave In 42 E. 3. Iohn Lovekin Will. Taâ—ke Will. de Neudigate anâ— othâ—rs had the like assignation for the Banks c. extending from a place called Dâ—nielissewalle in this County of Surrey to Roddisâ—orne in Kent And in 48 E. 3. Robert Bealknap Will. Halden Roger Dygge and others for the same Banks betwixt Danyeleswalle and the Land of the Prior of S. Marie de Overe and about a medow called Croâ—chemede by which Commiâ—sion â—hâ—y â—ere directed to proceed according to the Law and Custome of this Realm of England In 4 H. 5. Iohn Pâ—eston Sir Iohn Dâ—ayton Knight Thomas Rothewell junior Thowes Drewe Richard Wydeforde and Thomas Coventre were constituted Commissioners for the view and repair of the Banks Ditches c. all along the Verge of the Thames on both sides from Reading to Oxford which were then broken in many places with appointment to proceed therein according to the Law and Custome of England The next year following Iohn Preston Iohn Martyn Iohn Corf Iohn Appulton Robert Skyrne and Nicholas Conyngston had the like Commission for those Banks c. betwixt Depford strond and Bermundsey wherein they were directed to act according to the Custome of â—he Marsh and the Law and Custome of this Realm In 22 H. 6. Sir Iohn Burcestre Knight Ricâ—ard Bamme Richard Comâ—e Will. Oâ—â—urne Adam Lynelord Iohn Martyn Iohn Malton and Will. Kyrton were assigned to view all those Banks on the side of Thames and marshes adjoyning aswell within the Lordships of South Lambehithe North Lambehithe Lambehithe mershe and Parysh-garden as in Southwerk Bermundsey Retherhithe Depford stronde Peckham Hacham Camerwell Stokwell Clopham and Newyngton in the Counties of Surrey and Kent which were at that time broken and in decay and to take order for the repair of them As also to make necessary Laws and Ordinances for the safeguard and preservation of them according to the Laws and Customes of Romeney Marsh And morâ—over to imprâ—st so many Diggers and Labourers to be imployed thâ—rein upon compâ—â—ent salaryes as should be necessary in respâ—ct of the great necessity at that time for the speedy dispatch of that work The like Commission and direction had Iohn Bamburgh Richard Bamme Richard Drax and Philip Leweston in 25 H. 6. for the Banks in the same Lordships and places And in 31 H. 6. Sir Iohn Burcestre Knight Richard Waller Esquire Will. Laken Philip Leweston and others had the like for the view of all the Banks from East-Grenewiche in Kent to Wandesworth in Surrey So also had the said Sir Iohn Burcestre Sir Iohn Cheyne Knights Richard Waller Esquire Will. Laken and others for those betwixt West-Grenewiche and Wandesworth aforesaid viz. to the Sluces callâ—d Harescluse Râ—therhithe Suthwerke Bermondsey Parysgaâ—dyn Lâ—mbehythe Lambehythe mersh Batersey Wandesworth Clopham Pekham and Camberwerwell The like Commission for the same Places and to proceed accordingly had Sir Iohn Bourgchier of Barners Knight Sir Iohn Burcestre Sir Iohn Cheyne Knights and others in 33 H. 6. So also had Sir Raphe Iosselyn Knight Mayor of the City of London Sir Walter Moile Knight Sir Iohn Burcestre Knight Nich. Gaynesford Esquire Iohn Wode and others in 5 E. 4. And likewise Sir Richard Fenys Lord Dacres Iohn Abbot of Bermundsey Henry Prior of S. Marie Overey in Suthwerk Will. Crosse Master of the Hospital of S. Thomas the martyr in Suthwerk and divers others in 14 E. 4. CAP. XV. HAving now done with the Marshes on the South part of Thames I come to those on the North side lying in the Counties of Midlesex and Essex beginning with Middlesex where the first mention I find of any thing in this kind is that in 26 E. 1. Robert de Retford and Henry Spigurnell were assigned to view and repair the Banks and Ditches in Stebbenhethe and the parts adjacent After this viz. on Wednesâ—ay next after the Feast of S. Martin the Bishop in 18 E. 2. there was an inquisition taken at the Hospital of S. Kathrines neer the Tower of London before Will. de Broke and Robert de Kellesey then the Kings Justices for view of the Banks Ditches c. lying betwixt the said Hospital and the Town of Chadewelle and for repair of the same before whom the Jurors did present upon their Oaths that a certain person of antient time Lord of the Mannour of Stebenhethe before-mentioned whose name they knew not did by his industry recover a certain Marsh there containing about an hundred Acres of Land which Marsh was then drowned by the overflowing of the Thames and at the time of the said presentment so made had Banks Ditches c. and did so lye betwixt the said Hospital and Shadwelle but through the want of their repair was then frequently overflowed and in divers places drowned to the great damage of the people in those parts Which Lord of the said Mannour of Stebenhethe did afterwards grant by Charter to certain of his free men xlij acres and a half of Land with the appurtenances severally by parcells to be held by them and their heirs by certain services for ever and to repair and maintain the said Banks Ditches Sewers c. viz. each man upon his own proper ground bordering on the said River of Thames of which xlij
whereof the said Marsh lay situate and Dionyse then Abbot of Robertsbrigge and the Covent of that Monastery for the title of that whole Marish and that upon an amicable agreement then made betwixt them the said Abbot and Covent did quit all their title thereto unto the before-specified Prior and Covent of Christ-Church But the said Prior and Covent out of a pious regard to the wants of the said Abbot and Covent did by their special favour then grant them and their successors one hundred Acres of those seven hundred viz. one hundred lying next to the Bank of the said Abbot and Covent neer unto the Land of Adam de Cherringe which at that time they had inclosed about the Newewodrove and that this Agreement was by the before-mentioned Earl then ratified and confirmed as the Instruments testifying the same then exhibited did fully manifest so that the said Abbot Covent ought not to challenge any thing more in that marish other than in those C Acres so given to them as aforâ—said In consideration therefore of all the premisses and circumstances thereof and especially of the Antiquity of the Evidences produced on each part as also to the obscurity of the bounds and limits of the said Towns of Snergate and Apuldre the perfect knowledge whereof by reason of the great and continual inundation of the Sea could not or was ever likely to be well discovered all parties therefore more desiring peace than strife and contention did unanimously agree that the said Prior and Covent of Christs-Church should release unto the Abbot and Covent of Robertsbrigge and their successors all their title to that parcell of land called the Newewoderove and in xxviij Acre of land then newly inclosed in the Bâ—ecarde towards Apuldre and in the said CCLxxi Acres and a half of Land then to be inclosed in the Becarde adjoyning to the said parcell of land called the Newewoderove lying in length under the Bank dividing the said Land of the Newewoderove and the said Marsh so to be inclosed in the Becard so that the said Prior and Covent of Christs-Church nor their successors should have power to claim any right therein after that time And in like sort the said Abbot and Covent of Robertsbrigge did release unto the said Thomas Archbishop of Canterbury and to the Prior and Covent of Christs-Church and their successors all their right and title to the residue of that Marish lying next to the Church of Fayrefelde towards the East and the course of the Sea passing from Rye to Apuldre towards the West and the bounds dividing the Counties of Kent and Sussex towards the South so that they should chalenge no title therein from thenceforth Which agreement was so made by the said Instrument under their publick Seals and beareth date at Canterbury on the xxth day of March in the year before-mentioned In 2 H. 4. Thomas Erpyngham then Constable of Dovor Castle Will. Brenchesle Robert Oxenbrigge Will. Marchaunt and others had Commission for the view and repair of those Banks and Sewers lying betwixt Farlegh in Sussex and Apuldre in Kent with power to act therein according to the Custome of the Marsh and the Law and Custome of this Realm The next year following Will. Rikhill Will Makenade Stephan Betenham Will. Bertyn Henry Horne and Iohn Proude had the like for those in the Marshes of Lyde Promhull Middele and old Romney with direction to do all things therein according to the Law and Custome of this Realm and the Custome of Romney marsh In 2 H. 5. Sir Iohn Pelham Knight Richard Nortone Thomas Colepepir William Cheyne and others had the like Commission for the view and repair of the Banks betwixt the Port and Town of Rye and Bodyham bridge and to act therein according to the Custome of the Marsh and the Law and Custome of this Realm In 5 H. 5. Robert Oxenbrigge VVilliam Marchaund Iohn Halle junior VVilliam Cheyne and Adam Iwode had the like appointment for those betwixt the Town of Rye in Sussex and Ebbeneye in Kent and to act according to the Custome of the Marsh and the Law and Custome of this Realm of England So also in 7 H. 6. had Sir Roger Fenys Knight Henry Hoorne Robert Oxenbrigge Thomas Auger Richard VVakeherst and others for those betwixt Bodyhain bridge in Sussex and Smalhyde in Kent with direction to proceed therein according to the Law and Custome of this Realm and the Custome of Romney marsh as also to take up so many labourers upon competent wages as should be necessary for the said work CAP. XIX I Now come to Sussex alone Where the first Commission of Sewers that our Records do take notice of was in 17 E. 1. being directed to Roger de Leukenore and Lucas de la Gare. The next year following upon complaint made by the Abbots of Bataille and Bekeham as also by the Priors of Okeburne Lewes and Hastings together with Baldwin de Aldham and many others who had Lands about Pevenesel marsh that whereas the King had assigned the before-mentioned Roger de Leuknore and Lucas de la Gare to take view of the Banks and Sea-diches neer the said Marsh and to provide for the safeguard and defence of all persons aswel rich as poor as had lands thereabouts the said Lucas together with the Prior of Michelham Will. de Donne c. not prosecuting the said King's appointment and order did begin to raise a certain Bank overthwart the Haven of Pevenesel as also a Sluse intending to finish them so that the fresh water could not passe through the midst of the said Marsh to the Sea by the same Haven to the great peril of all persons there dwelling and apparent drowning of their lands by the frequent overflowing of the said fresh water For remedy thereof the King therefore by his Letters Patents dated at Westminster 15º Iulii in the 18th year of his reign constituted Iohn de Lascy and VVill. de Echingham his Justices to make enquiry by the Oaths of honest and faithful men touching the same and then to do therin according to their discretion In 23 E. 1. Will. de Stoke was associated to the before-mentioned Roger and Lucas for the viewing and repair of the Banks c. in this County In 31 E. 1. the King being informed that the Banks and Ditches which had been made in the Marsh of Wynchelse for the defence of his lands there and preservation of the adjacent parts were then so broken by the overflowing of the Sea that the said Lands were in danger to be drowned and lost and that his Tenants of those lands by reason of a certain antient composition made betwixt them and the Tenants of other lands in that Marsh which was that the said Kings lands should be defended in such reparations by the other Landholders there refused to contribute to the repair of those Banks and Ditches And being
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
foot deep 83. And that at the said Shepes bourd be made a Bridge with a Close shut or else a Dam and the said place to be stopt at all times at the discretion of all the Head-borows and Dikereeves of the said Town 84. That the Landholders in Ee dike field from Black lane unto Mosse lane abutting upon Ee dike make one petty Drayn as oft as need shall require at the North head of the same land in bredth 8 foot and in depth 4 foot so that the water of the said field may have his course to the Common Sewer 85. And that the Landholders of the same field from Blacklane unto Barrow's greene at the North head of the same field ought to make one petty Drayn in bredth 8 foot and in depth 4 that the water may passe into the Common Sewer 86. That one Sewer be made at the East side of Crosse gate beginning at Thack ..... a little from Chaucheon's bridg and so leading through a Pipe at Black lane unto Black .... and so to Garreds lane end and so through Seagate greene unto Helgay's gote 8 foot wide and 4 footâ— deep by all the Landholders thereto adjoyning 87. That all the Landholders in Hurnefield make one Crest ..... in Broadgate at the North side of the Common Sewer thereâ— from Sheppers gate bridge unto Hubberds Corner in height 4 foot and bredth 8. 88. That all the lands in Cockley field ought to make one Crest in Bottel's lane from Bottel lane brigg unto Ee dike in height 4 foot and in bredth 8. 89. That all the Landholders in Fendyke field make one Crest in Blacklane to begin at Tubbesbrigge unto Bottlebrigge And in like sort the Landholders in Cockley field to make one Crest in Ey gate from Bottel brigg unto Ee dyke in height four foot and bredth ..... 90. And in like manner the Landholders of Carrow field to make one Crest there 100. That the whole Township of Tyd do make one Shut or Dam in Brasselode Dam in the Sewer and one other Dam at Dike Landam And another ..... head Acres under the Sea dyke with Shuts to stop out the salt water And also a Shut at Hornelanes end another at Foster's dam Another at Thursley bridge Another at Tubbes brigge another at ...... Bridge in Kyrklane All which to be stopped by the Assent of the Headborows and Dikereeves when need shall require 101. That the Landholders of Tyd ought to keep two Wardikes viz. Tyd Eedike and Thredding beginning at Averey's trees and so leading to New fendike alias Shoyfendike in height 4 foot and bredth 6. 102. And another Wardyke called Black dyke and Skeppers gate to be made by all the lands between the East side of the said Dike and the Sea-bank and by all the Commoners of the said Town Which Dike beginneth at Averey's trees and so leadeth to Tyd bridge to be made in height 8 foot and bredth 12. The Presentments of Elme and Coldham are wanting Upwell and Outwell 103. That Henry Cowper shall make his Bank in Upwell aforesaid from Lakebrigg unto Dods stile otherwise called Sewell's clout as the Abbot of Bury hath done before his time which Bank to be in height 6 foot and bredth 8. And that there shall be two good lawfull Gates between the said Lakebrigge and Dods stile for passage of people 104. That all persons having lands in Budbech field in Upwell ought to make their part of Green dike from Dod's stile and so to the Stony Crosse at Sumpter's dore every man his part 8 foot broad on the top 105. That the Sewer called the Chayre in Upwell more beginning at the great River of Welle and descending unto Coxecote tree thence to Darsey lode and so to Welney River be scoured in bredth xvi foot and depth 6 foot by the Bishop of Ely for his part Edm. Beaupre Esquire for his part and all others that have been charged heretofore 106. That Fryday lake and Magglake in Outwell and Upwell be clensed by the Inhabitants of both the said Towns in bredth ....... foot and depth 4 foot 107. That Bishop's dike which beginneth at Sewell's clout in Upwell and thence extending to Langbeche which lyeth in Elme ought to be made good by all the Lands of Upwell 108. That a pair of Barrs be kept at Sewell's clote 109. That every Were and Dore in the great River be xxiiii foot wide or more and all other Rivers and Draâ—ns in the Hundred of Wisbeche xviii foot in bredth or more 110. That Budbech Sewer beginning at Broad Common and coming to Pyes drove and thence going to a Pipe at the house of Simeon Fyncham being decayed and grown up be clensed in bredth x foot and depth 3 foot by all the Landholders of the said field 111. That the Sewer called Newdike lying in Buriall field in Outwell beginning at the East end of a Wood sometime Hilbrond's and descending unto the Chapel-bridg and thence to a Pipe at the Stone crosse at the dore of Ric. Sumpter be clensed and that there be a Sluce set at the Bridge at the house of Iohn Chambers and then that the Bank at Mildam being cut the water may passe to the River called the Salt Ee. 112. That in the watering place in Elme marsh be made a Pipe of stone with a Sluce that may stop the water when it is high in the River of Elme so that it descend not backward 113. That a pair of Barrs be set up at Dod's stile alias Seywell's Clout 114. That a Dike called Brokendike lying in Elme ..... upon the East side of the Salt Ee be made in height ...... foot and bredth xii foot by the whole Country of Marshland 115. All Weres and Stampes within the Hundred of Wisbeche to be pulled up 116. That if any person be negligent in making or repairing their Banks or in scouring their Drayns within the said Hundred of Wisbeche according to such Orders as they are bound to do that it shall be lawfull for the Dikereeves of every Town to cause them to be made and being so made to distrain any lands of every such person so neglecting And if he be not stramable then to distrain upon any other his lands lying within the said Hundred of Wisbeche or elswhere within the Realm of England and to sell the distresse paying to the Owner the overplus when the charges and expences are deducted according to the Laws and Statutes of this Realm 117. That new Agistment Books be made by the Headborows with the Dike-reeves of every Township 118. That all pains forfeited the moytie of them to redound to the Bishop of Ely and his Successors and the residue to be bestowed upon the Banks Barrs Crests c. 119. That the Bank beginning at the Horshooe and so leading directly to the Town of Wisbeche which is the defence for the East field be repaired by Thomas Orrell Esquire from the said Horshoo to Leverington Wardyke and to be
Swinshed upon the xi of August then last past upon full debate and consideration of the former Decrees and consideration of a true and perfect scedule of all the Fens c. comprised in a Decree of Tax bearing date at Boston upon the second of March in the eighth year of the said King Charles from Kyme Ea South-wards aswell within the parts of Kesteven as Holand to the River of Glen being part of the said Level mentioned in that Decree made at Sleford c. it did at that time appear to the said Commissioners and then to those present Commissioners at Boston that that part of the Level amounted to thirty six thousand Acres or thereabouts And recitall being likewise made that whereas at the said Session of Swineshed it was proposed that the severals within the said Level lying from Kyme Ea to the River of Glen might not contribute any part of land to the making up of the said quantity of fourteen thousand Acres but that the whole proportion should be taken out of the Fens and Commons And in a Session of Sewers held at Bourne upon the xith of August the next year following there was a speciall assignation in what particular place in each of the Fens before-specified the quantities so decreed as aforesaid should be set out and a certain mistake concerning Poynton fen rectified Which said several Decrees viz. that at Sleford 2 Iunii 11 Caroli that at Boston 29 Martii 12 Car. and this at Bourne 11 Aug. 13 Car. were afterwards in a Session of Sewers held at Sleford 25 Sept. 14 Car. ratified and confirmed And in another Session held likewise at Sleford upon the xiiijth of March then next ensuing the Commissioners receiving information by the said Earl that he had then effectually drayned all the lands between the River of Glen and Kyme Ea containing more than thirty five thousand Acres and taking view of them with all the Sluses Banks Sewers c. therein did so adjudge thereof and that he had made a full performance of his said undertaking And lastly in another Session held at Sleford also upon the 14 of Iune next following reciting and confirming all the former Decrees And that whereas but three thousand Acres were by the said Law of Sleford made 2 Iunii 11 Caroli decreed for the perpetual maintenance of the works within the said whole Level and that the said Earl had nevertheless at the instance of the Commissioners condescended to ty the said fourteen thâ—usand Acres for the perpetual maintenance of the said works made between the River of Glene and Kyme Ea over and above the Rent of iiijd the Acre thereupon reserved to be paid out of the said fourteen thousand Acres in case the said iiijd. the Acre should not be sufficient they decreed and ratified the same accordingly After which the said Earl and his Participants having been at no less than fourty five thousand pounds charge therein did inclose build inhabit plant plow sow and reap two years without disturbance but the third year divers clamorous Petitions were exhibited to the Parliament then sitting by the Country people Whereupon after examination of Witnesses Orders were granted from both Houses to quiet the possession of the said Earl and his Participants and to secure their Crops then upon the land Nevertheless the Petitioners in contempt of all entred and destroyed the Drains and buildings as also the Crops then ready to be reapt to a very great value and have ever since held the possession to the great decay and ruine of those costly works and exceeding discommodity to all that part of the Country CHAP. LVI The East and West Fenns NOrthwards of this Fenny part of the Country called Lindsey Levell are divers other Marshes lying towards Waynflete the greatest whereof are called by the name of the East and West Fenns Upon a Writ of Ad quod Dampnum in 41 Eliz. concerning the Drayning of these Fens it appears that the East fen lying betwixt the parts of Holand and Lindsey was found to contain five thousand Acres or thereabouts and that the one half thereof being the Skirt Hills and Out-rings might conveniently be drayned but the other half consisting of deeps for the most part could not be recovered and moreover that the Commons and Severals pertaining to the Towns confining on the said Fen did then amount to the number of three thousand and four hundred Acres or thereabouts all which were at that time surrounded Whether any thing was done at that time towards the drayning of those Fens I am not able to say but in 6 Caroli 15 Maii there was a Decree made in a Session of Sewers held at Boston by Robert Earl of Lindsey Lord great Chamberlain of England Edward Earl of Dorset Lord Chamberlain to the Queen Iohn Shorey Mayor of Boston Sir Robert Killegrew Vice-Chamberlain to the Queen Sir Robert Bell Sir Iohn Browne Knights Robert Callice Serjeant at Law and others which Decree makes this following recital viz. that there was a Law of Sewers made at Boston 7 9 Apr. then last past by the said Sir Robert Bell and others whereby it appeared that the grounds hereafter named were overflowed with fresh waters viz. Dockdike hurne from Armitage Causey and Howbriggs East to the River of Witham VVest and from the said River of Wytham South to Hawthorne North from the East end of Hundell house grounds and so along by Raydyke to the North side of Moorhouse grounds from thence by Marcham Revesby East Kirkby and Hagnaby to Hagnaby gate from thence along by Bar loade banck and the West end of Stickney Severals to Stickney Graunge From thence on the North side of Westhouse grounds along to Blacksyke from thence on the North side of Medlam to Gamock stake from thence directly to the East end of Hundel house grounds from Stickney graunge Southwards on the VVest side of the severals of Stickney and Nordyke gate East to Nordyke stream South and the West fenne VVest wherein is included Westhouse grounds the low grounds belonging to Stickney grange and Thornedales from Norlands lane along between Sibsey severals aâ—d the new Drayn to Hale Causey from thence along to the Shottells And that all these grounds as also the grounds mentioned in a Verdict heretofore given up at a SessioÌ„ of Sewers held at Boston aforesaid 16 Ian. An. 1629. viz. the East fenne extending in length from the severals of Wainflet on the East to the severals of Stickney on the VVest and in bredth from the severals of Waynflet Friskeney Wrangle Leake and Stickney on the South and the severals of Stichford Keales Toynton Halton Stâ—ping and Thorpe on the North were for the most part surrounded grounds And likewise that certain severals and Commons of divers Lords and Owners belonging to Waynflet and Friskeney lying between a bank called Fen-dyke bank on the East and East fen on the VVest and abutting