Earth digg'd out of it she brought to the Banks of the Riverâ— the brims whereof she strengthened with stones in such places where the weight of the said Banks did oppresse them These two works viz. the turning of the River into that winding posture and the making that Drayn she did first to the end that the said River by the many bendings thereof might glide more gently next that the passages of Ships towards Babylon might be crooked and lastly that by those Navigations the long Turnings of the Chanel might be sustained CAP. II. GREECE I Next come to those works of this kind as were performed by the Grecians whâ—reof I shall give instance in Thessalie and Acarnania The first of these is said to have been antiently a Lake being on every side inclosed with Mountains For on the East it hath the Hills Peleon and Ossa mutually joyning at their descent to the North Olympus to the West Pindas and to the South Othris The Valley betwixt these Hills is Thessalie Among other Rivers that flow into it these five are the chiefest Peneus Apidanus Onochonus Enipeus and Pamisus which running from the Hills incompassing this Country meet in the Plain and become one stream which at one passage and that but narrow issueth into the Sea from the confluence of these waters Peneus continueth the name It is reported that in old time when as yet there was no out-let these Rivers and the Lake Bebeis besides were not called as at present although they did run no less than now but running made all Thessalie a Sea The Thessalians themselves say that Neptune made that passage by which Peneus floweth into the Sea For the Greeks ascribe all beneficial inventions to their Gods And Herodotus taketh it to be the effect of an Earthquake But no man can deny it to be a very remarkable work of Drayning And that it is now a place of extraordinary pleasantness I shall refer my reader to the Map of Tempe in Ortelius his Parergon Of Acarnania this is observable that where Achelous a River of that Country runs into the Sea it hath already made continent one half of the Islands called Echinades and that the Fable goes that Hercules here encountring with Achelous who is said to have transformed himself into a Bull because of the roaring noise of the River broke off one of his Horns and gave it to Oeneus in pledge of his marriage with Deianeira his daughter They which collect truth out of Fables say that Hercules who was generally beneficial for Oeneus his Father in Law 's sake restrained the exorbitant overflowings of this River with Banks and Trenches and drayned a great part of the adjacent Country and that this was the Cornucopia which the Poets made to be the emblem of Plenty CAP. V. Of the ROMANS THAT the Roman works of this nature were not a few and those very eminent I shall next make manifest by their drains in the Pompeian Marshes the Fossa Mariana the improvements about Placentia and Gallia Cisalpina the restraint of the River Tiber in it's overflowings and the exsiccation of the great Fucine Lake in Italy Sect. 1. The Pompein Marshes In the year 593 when L. Anicius Gallus M. Cornelius Cethegus were Consuls the Senate being in Counsel concâ—rning the Provinces because there seemed not sufficient use against the Enemy for the ordinary forces of both the Consuls which are 4 Legions besides the Auxiliaries socii there was a motion made concerning the improvement of a great level of waste land lying under water about xl miles from Rome in Latium Which businesse was entertained with great approbation for like as it is esteemed a most high commondation for a private man to be called a good Husâ—andman by the Consuls So doth the Senate now think that they should deserve the praise of good Husbands for the commonwealth if in this opportunity of leisure they could gain such a quantity of rich Land to Italy which is the greatest part mountainous and barren Neither is this imployment thought too mean for the Legions though consisting of Free men For the Roman and Italian Infantry as well accustomed to the Spade and Basket as to the Sword and Buckler use to be their own Pioners in their dayly intrenchments Neither work they for their own safety only in time of danger but for the common good also in time of security The Consuls Ao. 566. had herein given a president who lest their Souldiers should be idle imployed them in making of High-wayes hereupon it was decreed that one Consul should attend the Enemy in Gallia and the other undertake the drayning of the Pompeine Marshes All the Country which lyes Eastward of Rome between the River Tiber and Campania is now united under the name of Latium and in it that place which lyeth towards the Sea beneath the row of Hills which reach from Belitre to Terracina is the largest It is denominate from Suessa Pometia antiently a rich City and metropolitan of the Volsi but now scarce extant The maritime parts of this Vale for a great extent are drowned not so much through any inundation of the Sea whose Tides are here but small as by reason the waters of Amasenus and Ufens the bigger River having not their passages sufficienttly open into the Sea diffuse themselvs over those spacious low grounds up towards Sulmo Setia This tract is therefore cal'd the Pomentin or Pomptin Fens having been in such manner surrounded beyond all memory For Homer describing the arival of Ulysses at the Circean promontory calls it an Island in regard of these waters on the one side and the Sea on the other The which Island sayes Theophrastus had about ten miles of circuit But in his time he wrote about twenty years after Appius had been Cenâ—or the Rivers by casting up earth had joyned it to the continent So as I do not perceive that hitherto either before the Romans were Lords of the soyl or since there had been any order taken for the winning of this ground from the Water But now by order of the Senate the Pomptin Fens are laid dry by Cornelius Cethegus the Consul to whom that Province fell and they are made good ground The Country people allured therefore with the richnesse of the soyl setled themselves here in such abundance that there was said to be not long after this time for I cannot understand it of any former three and twenty Towns in this place it being a land capable of many thousand Husâ—andmen But in after times whilst the state distracted with civil Faction neglâ—cted the maintenance of the Works the waters again by degrees gained upon the Land so as Iulius Caesar had an intention not only to have drayned the Fenns anew but to have brought the Appian way through them Whether Augusâ—us did any thing to them may be doubted for in Vespasians time they
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
common Sewer at Brownesbrigge and another Clow or one Dam in the Common Sewer at Wâ—singhambrigge and another at Boteleslane brigge and another at Tubbesbrigge so also one in each of the Common Sewers at Mannyngesbrigge Beeslane brigge and Stonebrigge in Kirklane And that the said Town of Tyd ought also and did use to make repair and mantain sufficiently two Banks called Wardyches in Tyd aforesaid viz. the Syd dyke and Thre dike beginning at Avereys trees in Tyd aforesaid and extending to the New fen dyke in the same Town higher by six foot than they were at that time in the best place and in bredth twelve And that the said Town of Tyd ought to raiseâ— maintain and repair sufficiently one Bank called Marteynesfendike in Tyd aforesaid beginning at Avereys trees and leading to Wesynham brigge in the same Town six foot higher than it was at that present in the best place and in bredth xij foot Whereupon the before-specified Commissioners decreed that the said Sewers and Banks should be made and raised accordingly And they likewise for the better safeguard of the said Town of Tyd did decree and ordain that a new Sewer should be made from Brownysbrigge unto Kirklane on the North side of Newgate in bredth ten foot and in depth as much as needed so that the Rivers of Elâ—tesfeld Fendykefeld Cokeleyfeld Hornefeld and Rylondfeld might have their course to the House somtime belonging to Will. Noche but then to Will. Hobart on the North part of Brodgate and so thwarting the Broadgate unto Brownesbrigge aforesaid on the South side of Brodgate and so unto the said new Sewer and then crossing Kirklane where a fitting Bridge of bredth and depth convenient was to be made and so by the hades of the Lands of Somerleswe abutting on Kirklane towards the West unto Thorgereslane and so by Thorgereslane on the North side unto Hastcroft dyke neer to Thesâ—ill brigge and from Thestely brigge unto the end of Thorgaresâ—ane unto Hascrost mylle hylle thwarting Hascroft dyke and so to the antient Sewer called Brossebrigge and so to the Sea which Sewer was to be made by all the Landholders of the Town of Tyd aforesaid And that the two Sewers on each side Brodgate and Kirkgate from the House of Will. Hobert and Brownesbrigge should be stopt up when need required And that one Sewer should be repaired and digged on the South part of Southgrafte feld neer to the Syddyke viz. from Childesgrave unto the Gorys and so to Theâ—tely brigge eight foot in bredth and as deep as needed by all the Landholders in Southgrafte feld aforesaid And that all the hade Lands of Southgrafte feld aforesaid towards Thorgaresâ—ane should be stopt by the Landholders there upon penalty of xxs. for every of them to be paid to the Bishop of Ely for the time being so that the water of Southgrafte feld aforesaid might have its course to the Sea without any impediment And that every man having Lands or Tenements in Tyd aforesaid might take Earth to repair and make the Shoffen dyke from the Common next to the River which is in Tyd aforesaid and Tyd S. Maries which is the division betwixt Cambridgshire and Lincolnshire And that the said Shoffendyke should be barred in three places to prevent Carts from coming thereon and that a certain way in Tyd aforesaid called Beeâ—lane should likewise be barred for the same respect from the Feast of S. Michael the Arch angel unto the Feast of S. Peter ad vincula by the Landholders in Newfelde And they lastly presented that Thomas Floure of Okham in the County of Roteland ought to repair and maintain upon the Bank called Wisebeche Fendyche a certain proportion containing six hundred foot in respect of xxiiij acres of land in Wisebeche and that upon Monday the Feast of S. Wolstan the Bâ—shop and Confessor in the seventeenth year of the said King Henry the sixt his reign the same portion of that Bank was broken and decayed and that the Dike Reeves aforesaid did warn the said Thomas to amend the same which he refusing to do the fresh waters made the said breach greater whereby the portions of the same Bank belonging to Geffrey Lambard and others adjoyning thereto were also broke and ruined to the danger of destroying the whole Country MMMMCCCC acres in Wisebeche MMMMDC acres in Leverington MCCCC acres in Neutone and MM. acres in Tyd being thereby at that time overflowed and drowned Not long after this viz. upon Saturday next before the Feast of the Nativity of the blessed Virgin in 17 H. 6. there was a Session of Sewers held at Wisebeche by Sir Iohn Colevile Knight Gilbert Haltoft and others at which time the Jurors presented upon their Oaths that there was a certain Sewer called South Ee but antiently Old Ee whereby the water of Nene and Weland ought to passe from Noman's land in Croyland unto Dowesdale in the same Town and thence by South Ee dyke unto the East end of the field of Throkenold in Leverington neer the Crosse in Leverington and thence into the Sewer called Fendiche in Leverington and Wisebeche unto the River of Wisebeche at Guyhirne Which Sewer of South Ee aforesaid is the division betwixt Lincolnshire and Cambridgshire And that the moytie of the said Sewer ought to be scoured by the Abbot of Crouland and the Towns of Quaplode Hotheche Fleete Gedney Sutton and Tyd S. Maries in Lincolnshire viz. by the said Abbot to Dowesdale aforesaid and thence by each village aforesaid for their proportions of land in each Town And the other moytie by the Abbot of Thorney and Bishop of Ely with his Tenants of Wisebeche Hundred viz. by the said Abbot for his Fens in Thorney and Leverington bordering upon the same Sewer and by the said Bishop and his Tenants for their Fen called Wisebeche fen in Cambridgshire abutting upon the said Sewer And the said Sewer called Fendiche ought to be clensed by the Towns of Wisebeche Leverinton Neuton and Tyd S. Giles And that the said moytie of that Sewer which ought to be scoured by the said Towns of Quaplode Holbeche Fleete Gedney Sutton Tyd S. Maries was not clensed but stopt up and filled with Reeds Haffs and other Vegetables so that the said water could not have its right course unto the said Sewer called Fendiche and thence to the River of Wisebeche and so to the Sea as it used to have whereby the whole Fen called Wisebeche fen belonging to the Bishop of Ely was drowned so that the said Bishop and his Tenants of Wisebeche Hundred could not receive any benefit in the same And they likewise presented that one part of the water of Nene descended from the Bridge at Peterborough unto Thorney barre aforesaid thence to Noman's land in Croyland Which River the Abbots of Peterborough and Thorney ought to clense from the said Bridge at Peterborough unto Thorney bart aforesaid and thence to Noman's land aforesaid viz. the Abbot of Peterborough the
in the place the soil being very dry but cometh out of Nilus by a Trench flowing six moneths into the lake and ebbing as many into the Nile yielding into the Kings treasury for the Fish taken therein a talent of silver for every day of the six moneths ebb and twenty minae when it floweth The AEgyptians would have it believed that this lake was made by hand and dugg by reason of the Island and Pyramids in it and when it is objected that there is no sign of earth cast out they say that it was thrown into the River Nile After him also King Sesostris returning victorious out of Asia and bringing with him a multitude of people out of the subdued Countries enforced them to digg sundry Water-courses which are still in Egypt improvidently making the Countrey which before was passable with Horse and Waggon to want that conveniencie for from that time though Egypt be all plain yet can neither Horse nor Waggon passe by reason of the Cuts which are many and various But the reason why he so trenched the Country was that the Cities more remote from the River might not want water to drink upon the recess of the stream There were also very remarkable Trenches on the Arabian side of Egypt As that at Pelusium which filleth the two Lakes that have their names from the Fenns there besides other Lakes and Trenches into them in those parts without Delta and two others which meet in a Lake in the Sethroitique division For Egypt was by Sesostris divided into xxxvi parts in Greek 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 in English you may call them Shires but that is the most famous Trench which was drawn into the Red Sea It was first undertaken by King Necos the Sonne of Psamnitichus This is that Pharaoh Nechoh King of Egypt who slew Iosias King of Iuda in battel at Megiddo being seconded by Darius King of Persia. The length of this trench was four dayes sail the bredth such as two Gallies might row together The water of Nile entred into it a little above the City Bubastis and passing by Patumos a City of Arabia entred the Red Sea They began to digge in the plain of Egypt towards Arabia running a great way from West to East by the foot of that Hill neer Memphis in which is the stone quarry Then turning South through the parting of the Hill into the Arabian gulf The passage from Mount Cassius and the North Sea unto the Red Sea is a thousand furlongs But by this Trench the way was longer being not so straight In the digging hereof there perished an hundred twenty thousand AEgyptians Necos having half done desisted being discouraged by an Oracle which said he wrought for the Barbarians So the AEgyptians call all that use not their language Strabo who lived under Tiberius saith that this Water-course issued into the Red Sea or Arabian gulf at the City Arcinoe which some call Cleopatris and that it passed through those Lakes which are called Bitter They had the name of Marah because the children of Israel at their departure out of Egypt could not drink of those waters But the water of those Lakes though in old time bitter was chang'd upon the making of this new River and mingling with fresh water and now bred good Fish and abundance of water-foul He saith that this Trench was first made by Sesostris before the Trojan war or as others relate it was only begun by the Sonne of Psamnitichus who soon died Afterwards it was again undertaken by Darius the first who having almost finished the work gave it over out of a fond conceipt that the Red Sea was higher than Egypt and that if the whole isthmus were cut Egypt would be drowned with the Sea But the Ptolemaies Kings of Egypt cut it through and set a Sluce upon the Chanel that they might sail out into the Sea and in again as they pleased It was an hundred Cubits in bredth and deep enough for a great Ship The intended benefit of this Chanel seemeth to have been an intercourse between the Midland Sea and the Atlantique and a communication of traffique by water between Europe and the East-Indies but I do not find that any great use was made thereof to that purpose For in after-times the way of trading into those Eastern parts was either from the Port of Gaza to Aila a Port-Town situate neer the bottom of the Arabian gulf on the East side thereof or from Coptus a Town of Egypt on this side Thebes to Berinice a Port on the West side of the Red Sea This passage from Gaza to Aila is said to be 1260 furlongs There are two ways one through Arabia the other through Egypt by Heroopolis to which the nearer way is by Pelusium the way through the Deserts and Sands is going by Camels and is obnoxious to Serpents From this Elath Solomon made his voyage to Ophir The Town was lost in King Iorams reign when the Edomites revolted but it was recovered by Azariah and under Ahaz lost again to Rezin King of Syria It was a frontier Town of the Roman Empire and the Station of the x Legion The other passage from Coptus to Berinice is reckoned 258 miles the particular stations whereof you have in the Itinerary of Antoninus They were setled and Inns erected by Philadelphus because the innermost part of the Red Sea was not so navigable This Coptus was a common Town both to the AEgyptians and Arabians and the mart for all Indian Arabique and AEthiopique Commodities from whence was a Chanel cut into the Nile whereby the Merchandizes were transplanted to Alexandria Which place being from the Macedonian times the head of all Egypt ought not sleightly to be passed by because none ever had the like advantage of artificial Water-courses By which in short time it became for greatnesse populacy wealth and pleasantnesse one of the most renowned Cities of the world The antient AEgyptians superstitiously abhorred the Sea and had them in abhomination who got their living by it And albeit according to the Chronology of Eusebius they had the dominion of the Sea in the Reigns of Psamnis and Bocchoris a little before the first Olympiade which was not suitable to the distracted condition of Egypt in those times Yet it is certain that the AEgyptians never had any Sea-Port that Psamnitichus was the first that admitted strangers to inhabit that Naucratis on the Chanel of Canopus the only mart Town of Egypt was opened by Amasis who took Cyprus and dyed the same year that Egpyt was lost to the Persians Neither was the coast of Egypt fit for navigation being harbourlesse low and full of flats and shelves except where the Island Pâ—arus lying in length before a Bay at a village called Rhacotis a hundred and thirty furlongs from Canopus afforded the means of a Haven whereof neither the AEgyptians
support of the Banks of the Marshes called Estmersh and Becard and of divers other Marshes which lying within those limits except before excepted served for the defence and safeguard of the same Land and Marsh from the peril of the Sea and inundation of the salt water were through the violence of the tides and overflowings of the fresh waters running to the Sea broken in many places so that inestimable losses would very likely happen in a short time unlesse a speedy remedy were taken By reason whereof by virtue of the said Letters Patents the Shireeve was commanded that he should not neglect for any Liberty but cause xxiiij aswell Knights as other honest and lawful men of this County by whom the truth might be the better known to come before the said Justices at Apuldore in the said County on the Thursday before the Feast of the holy Trinity then next ensuing to enquire and make certificate to the said Justices concerning the Premisses and touching other Articles and circumstances specified in the said Letters Patents and lastly to do and receive what should be enjoyned them on the said King's behalf At which day came before the said Iohn Fogge Iohn Scotte Will. Haute Iohn Elryngton Iohn Brumstone and Iohn Nethersole six of the before-specified Justices at Apuldore aforesaid William Brent who prosecuted for the King in this businesse And Richard Haute then Shireeve of Kent made return of the said Precept to him directed executed together with two several Panells affixed thereto containing the names of the Jurors to enquire in form aforesaid All which being performed as of right it should be Robert Godfrey Thomas Ieffe Will. Hikke and others of the first Panell made their appearance and being severally sworn as is evident by those Panells and charged to enquiâ—e of the premisses and not being agreed on their Verdicts did severally request a farther day for the delivery up thereof to the intent they might in the mean time make more diligent enquiry of the premisses and then present the same before the said Justices All which upon that their desire and by the assent of the before-specified VVill. Brent then the said Kings Attorney in this businesse was granted and thereupon a day was given to the said Jurors to come before the said Justices at Lyde in this County upon the Friday then next following And the said Jurors were then advertised that they should in that interim enquire diligently of the premisses and then to appear severally to deliver their Verdict each man upon the penalty of xls. Upon which Friday the said Sir Iohn Fogge and the other Justices last mentioned did all of them personally go to the said Land and Marsh to take view of the Banks lying within the before-specified limits touching the danger whereof the said Justices had received information as aforesaid And then and there the Bayliff and divers of the Jurats of Romeney Marsh mentioned in the said Letters Patent as also other discreet persons to apply a fit and proper remedy for avoiding this danger and losse being expert men in the Statutes Ordinances and Customes of the said Marsh as also very many others who had and might have by those Banks safeguard and defence for their Lands within the said bounds except before excepted and then and there in their presence did take deliberate and diligent view of all those Lands and Marshes aswell at a distance as neerest to the danger and likewise of all the Banks and whatsoever else was necessary for the safeguard and preservation of those Lands and Marshes and did then desire of the before-mentioned Bayliff and Jurats of the said Marsh of Romney and of the other discreet and expert men advice and counsel for applying a fit and speedy remedy in this behalf And afterwards on the before-specified Friday at Lyde aforesaid came the said Will. Brent who then prosecuted for the King in this businesse before the said Sir Iohn Fogge and the rest of his said fellow Justices before named And aswell the said Jurors of the first panell as those of the second being impanelled in form aforesaid as also sworn and chardged to enquire of the premisses came and severally said upon their Oaths that in the said Lands and Marshes within those limits before mentioned except before excepted the wall of the Marsh of the Becard called Becard Wall leading from the Marsh called the Kete unto the Marsh of Estmarsh And also the Bank of the said Marsh called Estmarsh Wall leading to the Ree Wall were defective and stood in need of repair for resisting the Sea and salt water And if that the salt water of the Sea should enter on any part of the said Banks or in any place from thence to Holmystone aforesaid which is at the East part of the Bank called Newe Wall lying betwixt the Sea and the Land of Promhill aforesaid and that a resistance thereof could not be easily made all the Lands and Marshes before mentioned situate within the precincts before-specified except before excepted touching the danger whereof information was given in form aforesaid unto the said Justices would be in a very short time overflowed with the salt water to an inestimable damage And the said Jurors did likewise severally expresse that it would be proper for the safeguard and defence of all those Lands and Marshes except before excepted called Becard Wall and Estmarsh Wall to be sufficiently repaired as soon as conveniently could be and continually sustained against the violence of the Sea Storms and Tides lest the salt water should get in at any of them and thereby all these Lands and Marshes except before excepted be drowned And they farther said that it would be very expedient that the said Bank called Newe Wall which is without the said Banks called Kent Wall and Simonds Wall and within the bounds aforesaid except before excepted should be sufficiently repaired as soon as might be to withstand the rage of the Sea storms and Tides for the defence of the said Banks called Kent Wall and Simondes Wall and afterwards continually maintained for prevention of the peril of the Seas inundation whereunto those Lands and Marshes were subject And likewise the said Jurors in form aforesaid sworn and severally chardged did say upon their Oaths that it seemed to them expedient that the Lands and Marshes called Cheyncourt Seynt Thomas Innyng and White kempe which were within those precincts and lyable to the said danger should be drayned by one Sewer in the Land of Thomas then Archb. of Canterbury at Rounde mershe running into the Sea where the Gutter then was and that there should be made in that place Sluces and Gutters fit and proper for that purpose And that there should also be Bayliffs Jurats and other Officers within the said limits except before excepted for the view and conservation of the Marish grounds and Banks within those bounds except before excepted And that there should be had for every Sea-bank there a
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
was much hindred and obstructed through the default and neglect of all the Tenants of the before-mentioned 6358 Acres 3 Rodes and a half of Land with the appurtenances who according to their proportions were also obliged to those repairs That is to say the Tenants of two hundred and nine Acres of land Meadow and Pasture thereof lying in the Marâ—h of Megeham two furlongs and seventeen perches of that Sewer in length beginning at the said place of Squabbar and so going on unto ............ And all those Tenants from the said place of Gorebreggs to the place called Sakevylestrow for the said Tenements one moytie of the said Sewer towards the North. And all the other holding an hundred fourscore and ten Acres of land Meadow and Pasture in the Marshes of Megeham and Whelpole the other moytie of the said Sewer towards the South containing in length sixteen furlongs And the Tenants of three hundred and sixteen acres of land Meadow and Pasture in the Marshes of Boghele Balle and Herst-Monseux from the place called Sakevylestrow to the place called Ladytrowe seven furlongs of the said Sewer And from the said place called Ladytrowe all the said Tenaâ—ts of the Lands and Tenements aforesaid in the Marshes of Megeham Whelpole Boghele Ball and Herst-Monseux for those their Tenements seven furlongs of the said Sewer unto the said place of Yortham And from thence the Tenants of eight hundred ......... and four Acres in the Marshes of Horsye and Doune for their Tenements three furlongs and nine perches of the said Sewer unto the said bounds of Rikenebrigg and from that place to â—â—e old sluce of Pevenese and thence to the place called Wyllindonestrow the said Sewer to be repaired by all that hold the said lands in the Towns of Wortling ................ Horsye Mankesye Haylesham Westham and Pevenese in common and that in the evacuation of the fresh waters by the said Sewer if thaâ— Sewer should be enlarged they should have benefit and full safeguard without any contribution from the other Lands and Tenements lying in the Towns of Bourne Langenere and Willyndon which from that time by the law of the marsh ought not to contribute to their repair forasmuch as those lands could not in any wise be preserved by the said Sewer And they farther certified that there was another Sewer beginning at a place called the Hokes and extending to the Clyne of Langene and so to the said place called Wyllindonestrow by which the fresh waters of the said Lands and Tenements in the Marshes of Bourne Langeneye and Wyllingdon descending to the Sea were voided away Which said Sewer the Tenants of those lands and Tenements in the Towns of Bourne Langeneye Willyndon ought to repair and maintain for evacuation of the fresh waters and that they and their Ancestors did time out of mind so do And that the said Sewer in that place called Willindonestrow unto the said Gutter ought to be repaired by all the land-holders except within the before-specified limits so that the fresh waters being conjoyned by both the said Sewers might passe to the said Gutter and be thereby evacuated which Gutter to be repaired at the common chardge And that from .......... unto the house called Wyllindonestrow and to the Sluce of Pevensey it ought to be repaired at the chardge of all the said Land-holders in the Towns of Wortling Otham Hurst-Monceux Horsie Mankesie Haylesham Westham and Pevenesey only and that thence to the said Gutter it would be necessary for the safeguard of the whole Marsh to enlarge the same Sewer in bredth two perches and in depth three foot at the chardge of all the Tenants of the whole Marsh within the bounds and limits aforesaid And they presented moâ—eover that from the said place called Wyllendonestrow by the side of the said old Sewer on the East it would be fit to have a a new Sewer made in the common Marsh in bredth three perches and in depth xv foot extending to the said Hillock as also a new Gutter through the midst of that Hillock in length xx perches in bredth eight foot and depth two foot and an half and to enlarge the old Gutter unto sixty foot in length the chardge of all which was then esteemed at CClibr. And they farther certified that if the said Sewers and Gutters should be so repaired great profit and safeguard would accrue thereby but if speedy remedy were not had the losse in a very short time would be inestimable Whereupon command was given aswell to the Constable of Dovor Castle and VVarden of the Cinque Ports or his Lieutenant as to the Shireeve of Sussex to summon the Abbot of Begeham and his participants as also all and singular the land-holders in the Villages aforesaid to appear before the said Justices at Westham upon Monday next after the Feast of the Purification of the blessed Virgin to answer why c. as also all the land-holders within the said marsh that they should likewise then and there meet to perform and do what should be directed by the King 's VVrit so sent unto the said Lieutenant c. And the said Shireeve did make his return at that appointed day before the said Justices that he had given notice accordingly unto the Abbot of Begeham c. as also to the land-holders in the said Marsh to appear at Westham upon the day before-specified Divers others were then also summoned by the said Shireeve in like sort some whereof appeared but the Abbot of Begeham and many others came not And those that appeared answered that neither they nor their Ancestors whose estate they then had in those lands with the other lands tenements lying in the said towns of Wortlyng Otham Herst-Monceux c. had used to repair in common the before-mentioned Sewer from the place called Rikenebrig unto the old Sluce of Pevenese and that in case they had so repaired those Gutters and Sewers they should have had no benefit by the evacuation of those fresh waters as by the said Presentment was then supposed VVhereupon by virtue of another VVrit directed to the said Constable of Dovor a Jury was impanelled and Sir William Hoo Knight with divers others being summoned did appear in person and did severally say as to their Tenements lying in the said Town of Mankesye without the liberty of the Cinque Ports that there was a Sewer called Mankesey streme beginning at a certain boundary called Herstbolt and extending it self under Walleres Haven unto the old Port of Coding by which Sewer the fresh waters descending into those parts were evacuated and that they and their Ancestors whose estate they had in the beforespecified lands did use time out of mind to repair the said Sewer and had commodity and ample safeguard thereby without that that they and their Ancestors and those whose estate they had in the Tenements aforesaid did in common repair and maintain that Sewer beginning at the boundary called Squabber tending to Gorebreggs and
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
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
of Sewers wherewith I have met in our publick Records is in 32 E. 1. which was directed to Robert de Clare Gilbert de Bere and Master Gereberd who were thereby assigned to view and take order for the repair of the Banks Ditches Gutters and Sewers in Brentmershe Pederham Wringemershe and Saltmershe and to clense the Gutters Chanels in such sort as that the streams as well of the fresh water as salt might have thenceforth their right and antient course in all those places In 2 E. 2. Matthew de Furneaus and Will. de Burne were constituted Commissioners in like sort for all the Banks c. in general both upon the Sea-coasts and elswhere in this County The like Commission in 4 E 2. had Iohn Randolf Iohn the Son of Tho. de Beauchamp Will. de Burn. So also in 9 E. 2. had Iohn de Meryet Richard de Rodeneye and Iohn de Clivedone In which year likewise Iohn Randolf Will. de Harden Iohn de Westcote and Richard de Rodney were appointed to enquire of the breach of the Banks and Ditches of Iohn de Goddeleigh Dean of Wells in the lands belonging to his Deanery at Merk in this County which very antiently in the time of his Predâ—cessors had been raised for the preservation of the lands of the same Deanery Modesse Wodmore and Bydesham against the power of the fresh waters which descended by a certain Chanel in the said Town of Merk towards the Sea And also of certain Sluces of the said Dean in his said Town of Merk built for the evacuation of water in floud times which Sâ—uses were then broken down by Philip de Columbers Robert de Brente Iohn his Brother and others The like Commission was then directed to the said Iohn Randolf and the rest to enquire of the breach of the Banks câ— of Iohn Bishop of Bathe and Welles in the lands of his Bishoprick at Blakeford neer Merke before-specified Many other Commissions for the view and repair of the Sea-banks and others in this County were afterwards granted to several persons viz. in 10 E. 2. to Iohn de Beauchamp Will. de Burne and Iohn de Fosse In 18 E. 2. to Iohn Randolf Elias de Godele and the said Iohn de Fosse In 19 E. 2. to Iohn de Clyvedon Hugh de Langelond and Elias de Godele In 20 E. 2. to Iohn de Mohun and Iohn Randolf In 3 E. 3. to Iohn Inge Hugh de Langlond and Peter Coleswayn for those Banks betwixt Bristoll and Muchaney In 14 E. 3. to Richard Lovel Henry Power and Roger de la Walle for those in Brentmershe betwixt the Town of Stert and Burcle in length and Wollavyngton and Hegh brugge now called High bridge in bredth In 17 E. 3. to Richard Lovel Iohn Inge Iohn de Mere and Henry Power for those betwixt Bristoll and Dunstere and the parts adjacent So also in 22 E. 3. to Iohn Inge Iohn de Clyvedon Henry Power and Adam Bret. In 25 E. 3. to Sir Iohn de Clyvedon Sir Iohn de Seintlo Knights Iohn de Somerton and Nicholas de Ledrede for the Banks in divers parts of this County In 32 E. 3. upon a pleading occasioned by an Indictment against the Dean of Welles and Richard de Cogan and their Tenants for the not scouring the Watercourse neer Hakmede and Holimede and against the Dean alone for two Sluses called Netherpound and Southerpound and for a Floud-gate called Hakewere they were then acquitted In the same year Mathew de Clivedon Sir Iohn de Clivedon Knight Sir Walter de Paveley Knight and others were assigned to view and repair the Banks c. betwixt Bristoll and Taunton and betwixt Bruton and Severne In 34 E. 3. Sir Richard de Acton Sir Iohn de S. Lo Knights and others had the like assignation for the Banks betwixt Bristoll Martok and Taunton and betwixt Bruton and Severne In 36 E. 3. Sir Richard de Diton Knight Walter de Aldebury Sir Iohn de Seintlo Knight Mathew de Clivedon and others had the like for those at Bristoll Mertok and Taunton as also at Welyngton Dunsterre Bruton and Severne So also in 1 R. 2. had Sir Richard Acton Knight Henry Percehay Sir Iohn de la Mare Knight Sir Iohn L'orly Knight Robert Syddenham Robert Cheddre and Iohn Panet In 2 R. 2. Sir Iames de Audeley Knight Lord of Hely Sir Will. Botreaux Knight Sir Henry Percehay Knight Sir Richard Acton Knight Walter Clopton and others were constituted Commissioners for the view and repair of the banks c. in Brentmershe and Wryngemershe and in other places upon the Sea-coast and water of Severne betwixt Bristoll and Dunsterre After this divers Commissions for the Banks Ditches c. in general throughout this County were issed out viz. in 5 R. 2. to Sir Maurice Wyth Sir Will. de Bonvile Sir Iohn Weyland Knights Richard de Sydenham and Iohn Manyngford And in the same year to the before-specified Sir Iames de Audeley Sir Guy de Bryan Sir Will. Cogan Sir Iohn Trivet Sir Iohn Rodeney and Sir Iohn de la Mare Knights Iohn Cary Will. Cary Iohn Domere and Iohn Barre By virtue of which Commission the said Sir Guy de Brien Sir Will. Cogan Sir Iohn Tryvet Sir Iohn Rodeneye and Sir Iohn de la Mare Knights Iohn Cary Iohn Domere and Iohn Baree met at Bridgwater on Monday next after the Feast day of S. Margaret the Virgin where the Shireeve of the County having received the said Kings Precept to that purpose caused xij honest and lawful men within his liberty to appear viz. Iohn Ivethorn Iohn Eyr c. who did upon their Oaths present that there was a certain bank called Southlake Wall lying betwixt the Path and Tutte yate trees in Weston by which divers Watercourses called Runes were obstructed by the Abbot of Glastonbury and his Tenants insomuch as the said water overflowed and drowned the Meadows and Pastures of many men to the damage of the whole Country and that the said Abbot and his Tenants ought to reform the same And they also said that there were in the River of Peret two VVeres called Tappyng Weres whereby the course of the water was straitned which ought to be amended and removed by the Abbot of Glastonbury and Bishop of Winchester And that there was a certain pleck of Osiars at Tutte yate in Weston appropriated by the said Abbot and his Tenants by which the water course was straitned and stopt to the damage of the Country and that it ought to be amended and totally removed by the said Abbot and his Tenants Whereupon the said Abbot and his Tenants constituted Iohn Panes and Iohn Fitelton their Attorneys to answer to this chardge By another Inquisition taken at that time before the said Justices upon the Oaths of Iohn Strache and others
Lordships which being accepted of by the King there were Allotments then made according to the proportion of each Mannour Neverthelesse after this fair entrance to so good and beneficial a work nothing was done therein To give some encouragement therfore to posterity in case this present age shall still decline it I have here exhibited a perfect Map thereof with the particular Allotments assigned to each of those bordering Lordships The Division and Allotment of King's Sedgmore to the several Mannours and Freeholders thereunto adjoyning according to the Survey thereof taken   Quantity of the Mannors Allotment of Acres in the Moor. Names of the Mannors  Acres Acres Dunwere Bower To the heirs of Sir Robert Chichester 600 171 To William Hinkmore Esquire 350 100 To Brent's Lands there 260 75 Stawell To Sir Iohn Stawell Knight of the Bathe 960 274 Sutton Mallet To Iohn Mallet Esquire 820 234 Bawdrippe To Walter Longe Esquire 765 218 Brodney To Thomas Muttlebury Esquire 246 70 Middle Zoy. To Richard Warr Esquire 1714 488 To Sir â—ichard Strode 194 56 To the Freeholders there 80 23 Mourlinch To the heirs of Mr. Floyer 1240 354 Higham To Henry Lord Gray 2485 708 Netherham To the heirs of Sir Edward Hext 928 264 Aller To Sir Iohn Stawell   Berre To Sir William Courtney 400 114 To Iames Northover Gentleman his Farm there 300 86 To the Parsonage and other Freeholders there 100 29 â—ishcot To Sir Thomas Cheeke 1846 526 Horsey To Sir George Horsey 1293 370 Ched Zoy. To William Earl of Pembroke 1440 411 Wesâ—on To Sir Peter Van Lore 2038 582 To the Parson and Vicar Iohn Brag and Nicholas Watts   Othery To Edward Trint Esquire 1378 393 To Mr. Balle Mr. Harris and Mr. Sanders their Freeholds 121 35 Somerton To Thomas Hill Esquire 1430 408 To Iames Rese Esquire 464 132 To the heirs of Sir Edward Hext 3159 901 To the Parsonage there 171 49 To the Church-Burgages 52 15 Graynton To the heirs of Mr. Watts 1019 291 Pitteney To William Earl of Northampton 1114 318 To the heirs of Sir Iohn Hanham 882 251 Cumpton Dondon To Sir Iohn Strangways Knight 1921 548 To Baronet Portman his Freehold there   Walton To Sir Thomas Thinne 1893 540 Streete To Andrew Whittington 1711 488 To Mr. Alexander Deyer   To Freeholders omitted    Memorandum that these Allotments were rated proportionably after the rate of xxviij Acres and a half of the Moor by the perch of xv foot to every hundred Acres of the severals The total 32374 Acres The total 9522 Acres besides 4000 Acres intended for the King CAP. XXIâ— TOuching the Marshes in this County the first Commission that I have found was in 5 E. 2. and directed to Iohn de Wyllington Robert de Clyderhom and Stephan de Salt-marsh for the view and repair of the Banks c. in the parts of Hambury in Saltmersh The like about two years after was directed to Nich. de Kyngeston Richard de Rodeneye and Iohn de Dunstaple In 33 E. 3. Thomas de Berkelee of Coberlee Simon Basset William de Chiltenham Iohn de Yate and Iohn de Clifford were assigned to view and take order for the repair of all those which were bordering upon Severne betwixt Bristoll and Gloucester So also in 36 E. 3. were Thomas Moygne Iohn Tracy Iohn Clifford and Iohn Sloghtre And in 38 E. 3. the said Iohn Tracy Iohn Clifford and Iohn Sloghtre Who accordingly sate at Thornbury upon Monday next after the Feast of S. Peter ad Vincula where the Juroâ—s presented unto them upon Oath that Iohn Fitz Nicholl Lord of Hull was bound to receive the watercourse of the Rendyche lying betwixt the Lordships of Roehampton and Hull and to lead the same upon his own land unto the Severne which he had not done and that the Country was dampnified by such his neglect And the same Iohn being thereupon distrained to come before the said Justices at Sobbury on Wednesday next after the Feast of Peter Paul in the 39th year of the said K. E. 3. to answer thereunto came and said that he ought not nor ever did receive and lead the said Watercourse upon his own proper soil unto Severne as it was alleged and therefore did put himself upon the Countrey And accordingly was dischadrged therof by the Jurors In 44 E. 3. Iohn Moubray Will. Wakebrigg Iohn Sarjaunt Robert Palet and William Church hill were appointed to view and repair the Banks c. in Saltmersh neer Bristoll In 2 R. 2. it was certified that there was and antiently had been a certain standing water occasioned by rain in the Meadows and Fields of the Towns of Aylbrighton Olveston Auste neer Cotes and Littelton in the Winter season every year for the drayning whereof there likewise was and antiently had been a certain Trench wholly out of the land the Abbot of Malmesbury extending from the waters of the said Towns to a certain place called Holpole and from thence to another place called Holpole and thence to a place called Pynkenhampspull and thence to another place called Cakepull and thence to Severne which is an arm of the Sea Which trench the said towns of Aylbrighton Olveston Auste neer Cotes were obliged to scour And they said that neither the waters of Aylbrighton Olveston Auste neer Cotes and Littelton nor any other waters coming upon or overflowing the Lands and Meadows of those Towns by rain or any other means before the twentieth year of the reign of King Edward the first did use to run to Boyston nor from thence to Severne noâ— Littelton's pull nor to the trench which the said Abbot claimed only for the drayning of the waters overflowing his Lands unto Severne as by the allegation of Thomas Shardelowe then the said King's Attorney was supposed Several other Commissions there were in this King's time for the repair of the Banks Ditches and Sewers in this Shire viz. in 4 R. 2. to Sir Thomas de Berkele and Sir Iohn Thorpe Knights Raphe Waleys and Iohn Stanshawe for those in the Towns of Albrighton Olveston Luttleton and Aust neer Cotes In 6 R. 2. to Sir Iohn Beauchamp of Powyk and Sir Will. Castelacre Knights Iohn Cherleton and William Heyberer for all in general throughout this County In 8 R. 2. to Sir Thomas Berkele Sir Iohn Berkele and Sir Edward de Bradeston Knights Robert de Cherletone Iohn Sergeant Raphe Weleys and Iohn Stanshawe for those on the coast of Severne in the Hundred of Berkele Grumbaldesash Thornebury and Hembury In 9 R. 2. to Thomas Berkley of Bâ—rkley Robert Bealknap Iohn Berkley Iohn Tracy Iohn Sergeant and Iohn Lucy for those on the coast of Severne and parts adjoyning So likewise in 13 R. 2. to Sir Iohn Berkele Knight Iohn Cassey Raphe Waleys and others In 16 R. 2. the King directing his Precept to
associates then Justices of Sewers in this County touching their proceedings in a Commission directed to them for the view of the Banks and Ditches betwixt Boston and Barton aforesaid and enquity through whose default the breaches and decays therein were not repaired they certified that the Jurors impanelled and sworn before them by virtue of that Commission did upon their Oaths present that it would be much to the benefit of the North Common of Burghe near Waynflete and of the Tenants of the lands Meadows and Pastures in Wynthorpe and Ingoldmels on the VVest part of a certain Wardyke called Dâ—fdyke that there sâ—ould be a new Sewer made in Wynthoâ—pe contâ—ining in bredth xij foot by the Kinâ—s Elâ— for the drayning of the lanâ— meadow and Pasturâ—s there viz. from a place called Nedderhowe in Wynthorpe uâ—â—o a comâ—on High way called Châ—lgâ—tâ— beginning first from Nedderâ—owe at the lands sometime belonging to Robert Herrier of Wynthorpe on the East and West part and the lands of Robert the son of William Buttercake of Wâ—nthorpe on the East part and thence betwixt the lands of the said Rob. on both parts to the common high way called Chelgate And that one Floudgate should be new made and fixed athwart the same high way by which the said Sewer might run whereupon a Bridge to be erected by which travailers and Carriages might securely passe too and fro and from that Floudgate the said water to passe into an old Sewer made in Skegnes to Whete croft gote within that town and thence to the main Sea And they said that the quantity of the Lands Meadows and Pastures aforesaid which had preservation and benefit by the said Sewer were MCLxix Acres and 1 Rode whereof every Acre was assessed at xij â— for making of the said Floud-gate and bridge the name of every Land-holdâ—r and the particular number of Acres then held by him being there exprest In 41 E. 3. Sir Godefrey Foljaumbe Sir Will. Croiser and Sir Iohn Dâ—mock Knightâ— Simon Simeon and others were appointed to view and repair the Banks and Sewers upon the Verge of the River of Wythom from Marton dyke to Boston The like appointment in 42 E. 3. had Thomas de Ingelby Godefrey Foljaumbe Simon Simeon with others for those betwixt the Towns of Skidbroke and Humberstone So also had the said Thomas de Ingelby Iohn Moubray Godefrey Foljaumbe Will. Croiser and others for those betwixt Boston and Stikeswald Several other Commissions do I find afterwards to the like purpose viz. in 42 E. 3. to the said Godefrey Foljambe Iohn de Stafâ—ord and Iohn de Nessefeld Clâ—rks Iohn de Haghe and Iohn Amery for those from Saâ—tdet haven to Waynflet In which year it was presented that the Sewer pasâ—ng on the West part of of the High Road which drayned â—heves Creke South lade Northlade Lusdyke and Bullingbrooke Fenn ought to be repaired by the Tenant of the Duke of Lancasters fishing in Waynflete In 44 E. 3. to Richard de Raveâ—sere Archdeacon of Lincolne Sir Iohn de Welle Knight Thomas de Ingelby and others for those betwixt Ingoldmels and Grymesby In 47 E. 3. to Henry Asty Iohn de Boys Will. Wascelyn and others for those betwixt Buterwyk and Doneheved In 48 E. 3. to the same Henry and Iohn with Thomas de Brunham and others for those betwixt Gaynesourgh and Doneheved In 49 E. 3. to Robert de Wylughby Rob. de Crumwell Will de Skipwith and othâ—rs for those betwixt Skegnes and Grymesby In 3 R. 2. to Sir Robert de Wylugâ—by Sir Raphe de Cromwell and Sir Will. de Skipwith Knights Iohn de Hagh and others for those betwixt Skegnes and Goushull In 4 R. 2. to Iohn K. of Castile and Leon Robert de Wylughby Iohn de Welle Raphe de Crumwelle Will. de Skipwith and otherâ— for those betwixt the Towns of Wrangell and Barton upon Humbre The like in 6 R. 2. to the same Iohn K. of Castile c. Henry de Percy Earl of Northumberland Robert de Wilughby and others So also to l Henry Asty Will. de VVilughby Iohn Bussy Iohn de Hawe Robert de Haldanby and others for those betwixt Gaynesâ—urgh and Doneheved upon the Verge of Trent In the same year to Sir VVill. de Skipwith Sir Will. de Wilughby and Sir Raphe Paynell Knights and others for those betwixt the Towns of Coryngham and Frethyngham And betwixt Gaynesburgh and Coryngham In 12 R. 2. to Iohn Markham Gerard de Sothill Hugh de Mitford and others for those betwixt Gaynesburgh and Burton Stather on the East side of Trent and betwixt a certain place called Prest croft dyke and Donehed on the West part thereof In 13 R. 2. to Sir Iohn de Welle Sir Thomas Hungerford and Sir VVill. Skipwith Knights Iohn de Rochford and Iohn Hawe for those betwixt Tedeney and Skegenay In 15 R. 2. to Sir Philip Spenser Sir Henry Retteford and Sir Iohn Powether Knights VVill. Crosby Iohn Hawe VVill. Holme and Iohn Redenesse for those upon the coast of Humbre in the Marshes of Stallyngburgh betwixt the Towns of Imyngham and great Cotes By an Inquisition taken at Bullingbroke before Iohn Rocheford Iohn de la Lande and Iohn VVallis in the 17th year of King Rich. 2. and in the presence of Iohn Bushey high Steward of the Dutchy of Lancaster it was found that the Sewer called Goodike extending it self through the East fenne unto the Eas end had wont and ought to be xvi foot in bredth betwixt the banks and in depth eight foot but was then stopped by a VVear which VValter de Athall and VValter Randson had made there for that it was not then four foot deep and that it ought to be scoured and clensed by the said Walter and VValter Fermours of the fishing there or whomsoever else should be the Fermours thereof by the assignation and dimise of the Lords of Busâ—ingbroke and Dalby or their Bayliffs And it was also presented that the Sewer called the South lade extending from the Eastfenne aforesaid unto the Eas end ought and had used to be in bredth xvi foot and in depth eight foot and likewise to be repaired by those Fermours as aforesaid but was then also stopt by those Fermours of the Fishing And that the Banks of a third Sewer called Lyme beginning at Stepinge mill and extending it self to the Clow betwixt Steping and Thorpe ought to be repaired and raised higher by the Township of Thorpe And thence to the Ease ende called Lusdyke the bank on the East side to be repaired by the Towns of All hallows and S. Maries so that the water running into the said Sewers might no way enter the Fenn And that the said Sewer from the Clowes of Thorpe to the Eas end ought to be xvi foot in bredth and eight foot in depth being then obstructed by a VVear which those Fermours
of the Fishing had set up And that Henry Earl of Northumberland of right ought to repair the same Sewer from the Clowes to the Southdykehyrne by reason that he held the Fishing there in severalty as belonging to his Mannour of Thorpe And that the Lords of Bullingbroke and Dalby or their Fermours ought to clense the said Sewer from Southdike hirne unto the Eas ende because they had the fishing there in severalty And they likewise presented that there was a fourth Sewer called Theviscrik beginning in the Mosses of Friskenay at VVilliam Barnagates and extending it self to the Eas end where the four streams do meet and that it ought to be in bredth ten foot and dept five but was then also obstructed by a certain Were which the Fermours of the fishing had made and ought to be repaired by the said Town of Friskenay And that the Sewer called Eas end where the four streams meet ought to be in bredth fourty foot and in depth fourteen to the Sea and repaired by the Soke of Bullingbroke as often as need should require And they farther presented that it would be requisite that a new pair of Floud-gates should be made at the Damme in bredth xij foot and depth according to the discretion of skilful persons And that all the Towns within the Soke of VVapentake of Bolingbroke as also the towns of Wrangle Leake Leverton Benington Butterwick Freston and Tofte ought of right to repair maintain open and shut those Floud-gates at proper times on their own costs and chardges for ever excepting in Timber Iron VVork and also VVages of Carpenters And to the end that all discord betwixt those Towns touching the repair of the said Floud-gates might for the time to come be prevented it was then accorded by and between them with the common assent aswell of the said Duke of Lancaster's Counsel the Lord of Willughby and Abbot of Revesby as of all other Lords and Inhabitants or their Free-holders dwelling in those Towns in form following viz. that every of the said Townsmen should then at the first levy and collect for the said repair the fourth part of such a summ as the same Town had antiently been assessed at to a Fifteen granted and payable to the King by the Commons of England VVhich said summ so levyed to be delivered unto two discreet men to be chosen by four throughout all those Towns who should be obliged from year to year as followeth First two of the Soke of Bullingbroke at the next Court of the Duke of Lancasteâ— at Bullingbroke before Michaelmasse yearly to be held before the Steward or his Deputy there And two other of the Towns within the Wapentake of Skirbeck above named to be chosen from year to year at the said Duke's Court next before Michaelmasse at Wrangle before the Steward thereof or his Deputy which four so to be elected to be aswell of the Tenants of the said Lord as of the Tenants of any other Lords according to discretion And they to meet at Waynflete twice every year viz. once within a month after Easter and Michaelmasse and then to oversee those floud-gates and all the Sewers aforesaid and if any defect should be found in them then to cause them to be repaired and amended with all speed according as in their discretions they should think most meet And that at such their meeting after Easter the said two so elected for those disbursements as aforesaid to render their Account before the said four touching those common repairs and expences And in 17 R. 2. to Sir Philip Tilney Knight Iohn de Crosby Iohn de Rocheford of Boston Iohn Laund of Pynchebek Thomas de Tofte and Iohn Waleys for those betwixt Hildyke and Bolyngbroke and to hear and determine all things therein according to the Law and Custome of this Realm and the Custome of Romeney marsh as also to take up so many Labourers upon competent wages as they should think needfull for that work considering the necessity of expedition therein In 19 R. 2. there was a Presentment made in the Kings Bench in Easter term which was then held at Lincolne by the Jurors of divers VVapeâ—takes in this County that the Marshes of Est Fenne and Westfenne as also divers Lands Meadows and Pastures lying in the towns of Leek Wrangel Frâ—fkeneye and Waynflete betwixt the waters of Wythom and Waynflete were drowned by a great â—undation of water so that all the Inhabitants of those towns and of the Soke and VVapentake of Bolingbroke did wholly lose the benefit of their lands and Marshes there through the defect of a certain floud-gate at Waynflete which was so narrow that the course of the waters passing that way could not go to the Sea and that the town of Waynflete ought to repair that floud-gate as antiently they had wont to do And the said Jurors farther alleged that the same floud-gate was not of bredth and depth sufficient to convey the said water to the Sea and that it would be necessary to have another floud-gate new erected near unto the same of xviij foot in bredth and that the towns of Leek Wranghill Friskeney and Waynflete together with the Soke and VVapentake of Bolingbroke as also all thâ—se which had Common of Pasture in the said Marshes ought to contribute to the making thereof And that when is should be made then the said town of Waynflete to repair and maintain it at their own proper costs untill it should be necessary to make it anew excepting timber and Iron And they said moreover that except this were done both the Marshes lands meadows and Pastures aforesaid and Commons in those towns Soke and wapentake before-specified would wholly be lost And they also said that there was a certain Sewer from Hasend at UUaynflete unto the said Floud-gates wherein the Duke of Lancaster and the Lord of Dalby had fishing who in respect thereof ought to repair and clense the same The Shireeve thereof had command to summon all those Towns to answer this their neglect The next year following the Towns of Dunham Scothorne Reresâ—y and Staynton being presented for neglecting to repair the Sewer called Fen dyke which extends it self from the town of UUelton to Langwath and not denying but that they ought to maintain the same were each of them amerc'd at xld. In the same year the Inhabitants of Wytherin Scrubby UUodethorpe Malteby Besby Hamby Markeby Billesby Alford UUelle Salby Thoresthorpe Riggesby and Aby being presented for not repairing the Sewer called the South gâ—ist lying betwixt Malberthorpe and Trusthorpe which extends it self from a place called Axiltrehirne to the Sea and by which all the course of the water of those towns had used of right to run to the Sea for the safeguard of the said Towns which said Sewers together with the Gote called UUall-gote was then stopt up did put themselves upon the Country the Shireeve therefore had command to summon a Jury
with directioâ— and power to make Laws and Ordinances for the safeguard and preservation of the Sea-coasts and Marshes of the same and of the adjacent parts consonant to the Laws and Customes of Romeney marsh and to hear and determine of all things touching the same according to the Law and Custome of this Realm and the Custome of the said Marsh As also to imprest so many Artificers and other Labourers for that work upon reasonable salaries as they should deem necessary to imploy therein considering the great and urgent necessity to hasten the same The like Commission in 11 H. 6. had the said Sir Robert Wylughby Sir Iohn Beaumont Sir Raphe Cromwell and Sir Thomas Cumberworth Knights Iames Strangways Iohn Ellerker and others In 12 H. 6. it was found by Inquisition that the Haven of Waynflete ought to be repaired by the Tenants of the Duke of Lancaster and the Lord of Dalby And so likewise the Ea from that bridge which is towards the Church of All Saints towards the Dam. And in 15 H. 6. I find that there was an allowance of xxijl. iiijs. ixd. for the repair of that Haven whereof the Lord of Dalby for his third part allowed vijl. viijs. iij d. and the Lord of Bullingbroke xijl. iijs. ij d. over and above Liijs. iiij d. to be paid by the Bayliff upon agreement At which time it was likewise presented that the said Haven of Waynflete from the Dam unto Lymgreynes and thence to Norman dâ—epe ought to be repaired by the Lords of Bullingbroke and Dalby In 17 H 6. at a Session of Sewers held at Louthe upon Saturday next after the Feast of the Epiphany before Richard Haghe and Iohn Langholme with their associates then in Commission for the view and repairs of the Banks Ditches and Sewers in these parts there was a presentment exhibited by the Jurors shewing that it would be most profitable and necessary for the drayning and evacuation of the superfluous water from the North Common of Wynthorpe towards the Sea that there should be made one new and competent Sewer in that common extending it self from Tonlond gate in Wynthorpe unto a certain Sewâ—r there called the Old Sewere and so descending towards the North unto the Fee of the Dutchy of Lancaster called Fivescore acres in Ingoldmels thence towards the East into a certain Sewer there called the Old Sewer where it would be commodious and expedient for the conduct of the superfluous water towards the Sea to make a new Gutter in that very place where the Chanel called the Old Gote in Ingoldmels was unto the said Old Sewer and so descending to the Fee of the Lord Wylughby and Sir Iohn Gryffith Knight called Redelandes in Skâ—gnes and thence into a certain Sewer called the Old Sewer in Skegnes to the Sea And that the said Sewer and Gutter ought to be made and afterwards repaired by all those who had lands or Tenements in the North Common of Wynthorpe and the North Common of Skegnes in respect of what they enjoyed in those places that is to say every one according to the number of his Acres there and by the Land-holders of Fivescore Acres in Ingoldmels aforesaid viz. every man according to the number of his Acres there The Shireeve therefore of this County was commanded to summon all the said Land-holders in the said places called the North Common of Wynthorpe and the North Common of Skegnes and likewise in the Fivescore Acres in Ingoldmels before-mentioned to appear before the above-mentioned Commissioners at Louthe upon the Monday before Palme Sunday then next ensuing to shew what they could say for themselvs why they ought not to make and repair those Sewers according to the form of the before-specified Presentment At which day Robert Etton then the Kings Attorney came to Louthe aforesaid but the said Shireeve not receiving his Precept soon enough could not summon those Land-holders to be there as abovesaid therefore he was required to give them warning to appear at Burwell on the Monday in Whitson week then next following which he did do accordingly but none of them came the Court therefore ordered that the before-specified Sewers and Gutter should be made repaired by all the said Land-holders at their own proper costs and chardges according to the form of the same Presentment In 22 H. 6. Sir Robert VVylughby Sir Leon Welles and Sir Raphe Cromwell Kts Robert Sheffield Iohn Langholme and others were constituted Commissioners for the view and repair of all the banks c. in these parts of Lindsey and to determine all things therein according to the Custome of the Marsh till that time used and approved and according to the Custome of this Realm In 24 H. 6. Iohn Viscount Beaumont Sir Raphe Cromwell Sir Thomas Cumberworth and Sir VVilliam Tirwhit Knights Iohn Tailboys Richard Waterman Robert Sheffield and others had the like Commission for the view and repair of all the Banks Ditches and Sewers in the Wapentakes of Yarburgh Mauley Coryngham Weâ—le Lanres Haslokhowe and Walsh croft within this Province and to make Laws and Sâ—atutes proper for the same consonant to the Laws and Customes of Romeney marsh As also to do all things therein according to the Law and Custome of this Realm and the Custome of that Marsh And to take so many Labourers upon competent wages to be imployed in the said work as should be necessary for the same considering the great necessity of expedition to be used therein Many other Commissions for the Banks and Sewers aswell throughout this whole Province as in sundry places therof were afterwards issued out to several persons of the superiour rank in these parts viz. in 29 H. 6. to Sir Robert Wylughby Sir Leon Welles and Sir Raphe Cromwell Knights Richard VVelles Esquire Iohn Taylboys Rich. Waterton and others for those Banks c. throughout this coast of Lindsey with direction and authority to proceed therein as abovesaid So likewise in 31 H. 6. to Iohn Viscount Beaumont Sir Leon Wellys and Sir Raphe Cromwell Knights Iohn Tailboys and others As also to the said Iohn and Raphe with Sir Hugh Wythom Knight Richard Bedyngton and others for those within the Precincts of Skegney Dodyngton-Pygote and Tyd-gote in this County In 34 H. 6. to the said Iohn Viscount Beaâ—mont Iohn Taylboys Richard Waterton Robert Sheffield and others for those in the Wapentakes of Yarburghe Manley Coryngham Welle Laures â—aslokhowe and Walshcrofte in these parts of Lindeseye In 35 H. 6. to the said Iohn Sir Richard Welles Lord Wylloughby Iohn Taylboys Robert Sheffield Richard Benyngtone of Boston and others for all those throughout this whole coast The like Commission in 2 E. 4. had Sir Humfrey Bourchier Lord Cromwell Sir William Skipwith Knight Thomas Burghe Thomas Blount Iohn Whichecote and divers others In 6. E 4. to Richard Pynchebek Richard Welby Iohn Pynchebek Thomas Meres Leonard
Stretham mere on the borders of the Isle of Ely unites it self to a branch of the Ouse being about xxij miles from it's first head Which River of Ouse rising neer Sisam in Northamptonshire and passing through part of Buckingham and Bedford shires whence it taketh in several petty streamlets at length descendeth by Huntendon to Erith where it divideth it self into two branches the one falling East and by North neer the bounds of the Isle of Ely to Stretham mere aforesaid where it receiveth the Grant above-mentioned and the other now called the West water North at the partition of Huntendonshire and the said Isle under Chateriz to Benwick and there in former ages meeting with a part of the River Nene at a place called Shreweshiste it joyned with the first branches thereof descending from Stretham aforesaid by Ely Littleport and Wallenea at which place so united they passed by Outwell at the partition of the Isle of Ely and Marshland to Wisheche and so to the Sea But at this present it is otherwise as I shall shew in due place as also when and how that alteration grew for the first banch whereunto Grant did unite doth now descend from Stretham to Ely thence to Littleport and so by Priests houses and Rebbech to Salters lode receiving into it betwixt Priest houses and Salters lode these other streams viz. Swafham lode and Rech lode out of Cambridgshire Mildenhall River out of Suffolk and Ouse parva out of the confines of Suffolk and Norfolk the River of Wissey falling in by Helgay and at Salters lode the other branch of Ouse and Nene united from Outwell which cometh in there by the new Pow dike and from thence in one course into Lynne deep and so to the Sea the same deep being now the best receptacle and most fit place for conducting the waters out of the Fenns and low grounds So that by this River of Ouse all the springs downfalls rills and brooks of Huntendonshire for the most part Bedfordshire totally and some part of Buckingham Oxford and Northampton shires are brought to the Sea the compasse of ground affording descent to them being sixscore miles at the least Nene whose head is about Catesby in Northamptonshire passing through a large tract of ground in that County and at length to Peterborough entreth the Fens neer that place having in it's course taken in divers petty streams In which Fenny flat it divideth it self into sundry branches whereof the chiefest now falleth under Stranground and Horsey bridge into Wittlesey mere and so passing through that mere together with Ubmere and Ramsey mere runneth to Benwick where it unites it self to the second branch of Ouse before-specified and so goeth to the Sea as I have already shewed The second branch of this River did take it's course by Thorney barre Singlesholt and Nomans land and so to the triangular bridge at Croyland where it did unite with Weland and passed away with it to Spalding and so to the Sea But this Chanel of Nene is now utterly decayed and likewise that of Weland for whereas it did antiently fall into Weland now Weland maketh a fall backwards by the same course to Nomans land and the South Ea to Dowesdale Clowescrosse and Guy hyrne and so by Wisbeche and Weile as it can to the Sea Other branches of Nene there have been in antient time within the Fens viz. Kings delph passing a little below Stanground by Ravens Willow athwart the Fens to Ramsey grounds where it falleth into the Nene Wittlesey dike a little above Horsey bridge which falling by Whittlesey Town runneth into Nene below Benwick Divers other currents of it there are by and through the bounds of Thorney chefly Knorlake the Wride and South Ea which have heretofore dischardged themselves into the Sea as some suppose by Clows Crosse but of later time since the new Leame was made by Bishop Morton from Stanground to Guy hyrne and so to Wisbeche their chiefest and best passage hath been by that Chanel This River of Nene bringeth with it into the Fenns the downfalls of the greatest part of Northamptonshire and then having no present issue into the Sea divideth it self as I have shewed and being bounded on one side with the Ouse on another with UUeland and on a third with South Ea bank and other banks in the Isle of Ely it is a principal cause of the surrounding of a great part of the body of the Fenns and not only so but occasioneth abundance of â—ock wherewith the greatest part of South Holland and UUisbeche which have made Banks against the same are afflicted UUeland having it's rise neer Sibertoft in Northamptonshire and taken in some petty streamlets cometh at length to Market Deping and S. Iames Deping where it entreth the Fenns and burdeneth them with all the water and downfalls of part of Northampton Leicester Rutland and Lincolnshires whence passing to Croyland bridge it divideth it self into two branches the one leading by South Ea towards UUisbeche the other in a most slow course to Spalding and Surflet where receiving the water of Glen it goeth on to Fosse-dike-Stow and so into Boston deep Witham having it's head at South UUitham in Kesteven a Province of Lincolnshire and received into it divers petty rivulets as it runneth on towards Boston taketh in at Anthony gote and Newgote the water from the drowned grounds of UUildemore UUest fen and part of East fen together with a streamlet falling from the Castle of Bullinbroke and lastly at Boston by Trinitie gote and through Hammon beck and Skirbeck gote divers rills and downfalls out of Kesteven between Hekington burne and the River of Glen and then passing from Boston by UUilberton rode doth run into Norman deep and so to the Sea after at least Lxvi miles progresse Which River of Witham bringing with it the springs and downfalls of a great part of Kesteven and Lindsey whereby in the winter it cannot be contained within it's banks overfloweth a large proportion of the Fenny grounds lying in Holland Kesteven and Lindsey Glen being the least River of all the rest serveth almost to none other use but to carry away so much of its own water with the rill descending from Burne as can be kept between two defensible banks by which it is carryed through the fenns into Pinchbek The bottome of this River being for the most part higher than the fenny grounds by which it passeth And therefore can be no drayn for the same except the out-fall under Surflete towards Fossedike were recovered CAP. XXXVII How those their out-falls became obstructed HAving thus described the rise course and out-falls of these several streams I now come to the cause and occasion of their inundation and drowning of this great level Whereby instead of the benefit which it might receive from their overflowings in case they had enjoyed their free and naturall passages and out-falls it hath been made for the most part for
divers ages a most unhealthy stagnation of waters yielding no considerable profit to the Inhabitants or those that border upon it That the obstruction which the before specified Rivers hath had in passing out freely to the Sea hath been the only cause of those inundations and drownings already spoken of is apparent enough I shall therefore in the next place make manifest what it is that hath thus stopped and choakt up these their out-falls Whosoever hath observed the constant tides which flow up the River of Ouse at Lynne will find the water alwayes very thick and muddy there because the Sea bearing a large bredth Northwards from thence worketh with so much distemper It is no wonder therefore that a great proportion of silt doth dayly settle in the mouth of that ostiarie and likewise in the other viz. Of Wisbeche Spalding and Boston so that in time it could not but grow to that thicknesse without some artificial helpes to quicken the current upon its evacuation at every ebbe whereby it might be carried out again that it must needs force back the fresh waters and cause them not only to overflow but at length to drown the whole levell through which their streames did passe And this we see apparently was the case here for to such an height is the silt grown that in the year 1635. upon the deeping of Wisbeche River the VVorkmen at eight foot below the then bottome therof came to another bottome which was stony and in it at several distances found seven Boats that had lyen there overwhelmed with the silt for many ages So likewise at Salters lode at the digging of a foundation for the Sasse which was there set up of late years by the Adventurers in that great work of the present drayning the silt was observed to be ten foot deep and next below that three foot thicknesse of firm Moor then blewish gault which the workmen judged to have been silt originally because being dry it not only crumbled like it but had the Roots of Reeds in it then below it moor of three foot thicknesse much firmer and clearer than the other and lastly whitish Clay which is supposed to have been the very natural and bottome soyl at the first before those changes hapned either from the alteration of the course of the Sea or choaking up these out-falls as I have already shewed Add hereunto what likewise hath of late years been observed at Witlesey in the casting of those Moats by Mr. Underwood for the fencing in of his new plantation of fruit Trees viz. that digging through the Moor at eight foot deep they came to a perfect soil and swaths of grasse lying thereon as they were first mowed which clearly manifests that some great Land-floud many ages since meeting with an obstruction at the natural Ostiaries towards the Sea by reason of much silt which after a long drouth had choakt them up did then spread it self over the face of the whole Levell and that the waters till this general drayning ever since covering the same have produced a moor now grown to this thicknesse And moreover that at the setting down of Skyrbeck Sluse neer Boston there was found at xvi foot deep covered with silt a Smiths forge and all the tooles thereunto belonging with Horshoos and other things made of Iron as some that saw it have affirmed to me CAP. XXXVIII Of the vast extent and great depth of the fresh waters occasioned by these obstructions of their out-falls TO manifest this though there needdeth nothing more than the ocular view of the whole Levell and the observation to what a depth the Moor is increased which is meerly grown from the long stagnation of the waters it being found in some places ten in some twelve and in some fourteen or fifteen foot deep nay four foot higher than the Levell of Marshland yet will I exhibit divers evident testimonies thereof from several undoubted authorities therewithall discovering some notable pieces of story which being not commonly known to the world may not I presume seem tedious to any Reader In regione Gyrviorum est nobile Monaâ— sterium c. In the Country of the Gyrvi saith the Register of Peterborough there is a famous Monastery heretofore called Medeshamstede but now usually Burch the Gyrvii being those which inhabit neer the Fenns because Gyr in English is the same as profunda paâ—us a deep Fen in the Latine For by the inundation and overflowing of the Rivers the water standing upon the levell ground maketh a deep Lake and so rendreth it uninhabitable excepting in some high places which God of purpose raised as may be thought to be habitations for his servants who chose to dwell there For in such places within the Fen do thoy viz. the Monks of Ramâ—sey Thorney Crouland and many other reside to which there is no accesse but by navigable Vessels except unto Ramesey by a Causey raised with much labour on the one side thereof Within the same Precincts also is Ely placed being an Island seven miles in length and as much in bredth containing in it self xxij towns compassed on every side with Fenns and waters and whereunto there are only three Causeys Having thus at Peterborough made my entrance into this vast Fenn my next observation thereof shall be at Crouland the horrour of which place is lively represented in the story of S. Guthlake a devout Hermite who many ages since chose it for his retirement There is in the middle part of Britain saith the Writer of that Saints life a hideous Fen of a huge bignesse which beginning at the Banks of the River Gronte not far from a Castle bearing that name extends it self from the South to the North in a very long tract even to the Sea oft-times clouded mith moist and dark vapours having within it divers Islands and woods as also crooked and winding Rivers Wheâ— therefore that man of bleâ—â—ed memory Guthlac had found out the desart places of this vast Wildernesse and by Gods assistance had passed through them he enquired of the Borderers what they knew thereof who relating several things of it's dreadfulnesse and solitude there stood up one amongst them called Tatwine who affirmed that he knew a certain Island in the more remote and secret parts thereof which many had attempted to inhabite but could not for the strange and uncouth Monsters and several terrors wherewith they were affrighted Whereupon S. Guthlac earnestly intreated that he would shew him that place Tatwine therefore yielding to the request of this holy man taking a Fishers boat Christ being his guide through the intricacies of this darksome Fen passed thereunto it being called Cruland and situate in the midst of the Lake but in respect of it's desartnesse formerly known to very few for no Country man before that devout servant of Christ S. Guthlac could endure to dwell in it by reason that such apparitions of Devils were so frequently seen there Not long after
Precept to William Fraunk then his Eschaetor in this Countyâ— that he should forthwith make Inquisition and certify whether it would be to the damage of him the said King or his Subjects if the said Customs were granted unto the beforementioned Gilbert for the purposes above expressed And accordingly the said Eschaetor did certify that it would not be prejudicial to the said King or any others to make such grant Upon a Presentment exhibited in the Court of King's bench in 28 E. 3. the town of Thurleby was dischardged from repairing a certain Chanel called Edyke any farther than from Catebrigg to Boston cote and thence to the Cross next unto Boston cote In 40 E. 3. the Lady Blanch Wake complained to the King that whereas she was then possessed of the Fen called Depings ei as parcel of the Mannour of Deping which she held in dower of the inheritance of Ioan at that time wife to Edward Prince of Aquitane and Wales commonly called the black Prince And that the said Fen by reason of the passages of the Rivers of Weyland and Nen as also of other waters to the sea which descending through those Marshes were hindred of their right course by Floudgates Mills and Pooles then newly raised upon those streams as also by piles and stakes therein fixed and trenches made and likewise by breaches in the said banks and for default of scowring the sewers were so overflowed that the said Blanch or any other persons could scarce receive any commodity in the same Fen as they had used to do He therefore assigned Simon Symeon Roger de Meres Iohn de Repyngale Thomas de Pinchebek and Reginald de Tykesore to view the same and to take care for the amendment thereof In 41 E. 3. the Abbot of Kirkstede was upon a pleading acquitted from the scouring of a Ditch called Stopdyke for which he was presented before Gilbert de Umframvill Earl of Anegos and his fellow Justices of Sewers In 50 E. 3. there was a Presentment exhibited against the said Gilbert for taking of Toll of all vendible commodities carried in Boats from Boston to Kesteven whereunto he pleaded that he did take that Toll for scouring the Chanel called the Ee of Kyme which passed through the midst of his Mannour or Lordship of Kyme betwixt Doc dyke and Brentfen to the river of Wythom and was the very water specified in the Presentment and there called Home milnedike on both sides which Chanel was then so filled with mud that Ships and Boats could not pass through it untill that he the said Gilbert by virtue of the King 's writ of Ad quod dampnum did clense and scour the same and by his royal Charter granted License to the said Gilbert and his heirs to take Toll of such Vessels bringing those commodities As to the condition that Brunne Fen and Deping Fen stood in it was thus certified in 4 R. 2. after the death of Blanch the Widow unto Thomas Wake of Lydel who then dyed seized of the Castle and Mannour of Brunne which she held in dower for the term of her life viz. that the Marsh called Brunne fen did extend it self from a certain place called Arfth wenth to Potter lane in Brunne thence to Merton thence to Litildyke and thence to the Ditch belonging to the Prior of Spaldyng And that the profit of the turfs digg'd yearly there amounted to Cs. And the profit of Strangers Cattel there agisted annually as much And moreover that there was a certain yearly commodity called Poundage taken in the said Fen for the strange Cattel for Greshyre from Morton to Sekholme and thence to the Gates of Wrigbolt and thence to Dewe hirne and thence by Brunne Ee to Goderhamcotes and thence to Estcote and thence to the Cross at Esthowe and thence to Medylhowe and thence to Arfth wenth which poundage was worth by the year iiiis And that the Marsh called Deping fen did extend it self from East Deping to the middle of the bridge of Crouland and the middle of the river of Weland and thence to the messuage of William atte Tounesend of Spalding and thence to a certain place called Dowe hirne thence to Goderhamkote thence to Estcote and thence to Baston barre thence to Langtoft outgonge and thence to East Deping in length and bredth And that the agistments of all Cattel in the said Marsh did then belong to the Lord and were worth annually xxl. And moreover that there was a certain profit of turfs yearly digg'd therein worth xxl. And likewise a profit of poundage to be yearly twice taken of all Cattel within the same Marsh viz. one time of Horses and afterwards of Cattel whereupon all Cattel which have right of Common there are delivered with payment of Greshyre but of other Cattel the Lord had Greshyre which was worth xxl. per annum Also that there was within the said Marsh a certain profit of Fishing newly taken by reason of the overflowing of the waters on the North part towards Spaldyng which was yearly worth viil And that the other profits of Fishing and Fouling throughout the whole Fen was then worth Cs. And lastly that the fishing to the midst of the river of Weland to Crouland and thence to Spaldyng was yearly worth Ls. In 5 R. 2. upon a pleading in the Court of King's Bench it was found that neither the Abbot of Brune nor the Town of Brune ought to repair the Sewer called E-dike from Goderamcote to Estcote and that their predecessors nor ancestors did ever repair the same nor any part thereof therefore they were dischardged In 11 R. 2. Henry de Percy Earl of Northumberland Iohn de Beaumont Sir Nicholas de Hebden Knight and others were constituted Commissioners for the view and repair of the Banks Ditches and Sewers lying betwixt Lincolne and Brig dyke which by the overflowing of the Fresh waters were then broken in divers places and to proceed therein according to the Law and custome of this Realm The like Commission in 14 R. 2. had Will. Thorpe Anketine Mallore Will. Thirnyng Richard Sydenham Will. de Crosseby and Iohn Goffron for those Banks and Sewers from Cadebrig to Dunnâ—sby through the midst of Thorleby fen and the parts adjacent In this year upon question betwixt the Inhabitants of Kesteven and Holand touching the bounds betwixt those provinces there was a Commission granted by the King to Robert de Willughby Philip le Spenser Raph de Cromwell Will. de Skipwith Will. Thirning Richard Sidenham Iohn Markham Edmund de Clay and Robert de Mantell to enquire thereof Whereof a Perambulation was made and an Inquisition taken at Brigge dikes by the Oaths of Andrew de Leake and others of the parts of Holland and of Iohn Paynell and others of this province of Keâ—â—even which was also exemplified under the great Seal In pursuance wherâ—of there were ten Crosses eâ—ected in several places for meâ—es and divisions of
them But within the sâ—ace of two years following they were all thrown down again and the stones carried away by the men of Kesteven Whereupon a Commission was granted and sate at Donington on Thursday next after S. Matthew's day in 17 R. 2. by Robert Lord Willughby and others to make enquiry and to punish the offenders sundry whereof were therefore hang'd some baniâ—hed and some fined in great sums and command given for erecting new Crossâ—s of stone at the chardge of these men of Kesteven In 10 H. 4. Iohn Earl of Somerset brother to the King Will. Lord Roos Robert de Tame Iohn de Holand de Welysthorpe with others were constituted Commissioners for the view and repair of all the Banks Ditches c. both upon the seacoast and elsewhere within this province of Kesteven and to proceed therein according to the law and custome of the Marsh there before that time used and the law and custome of this Realm In 7 H. 5. there was a Prâ—sentment exhibited against the town of Brunne with the hamlets of Dyke and Calthorp and against the Town of Morton and Hermethorpe for turning the fresh waters towards the North which ought to run Eastwards into the Sea But notwithstanding the boundaries betwixt these Provinces of Kesteven and Holand so set forth as hath been said I find that Margaret Countess of Richmund and Derby being Lady of Deping in 16 H. 7. did then procure a new Commission directed unto Robert Lord Willoughby Thomas Lord Rosse Thomas Lord Fitzwalter George Lord Hastings Iohn Lord Fitz Warren Sir Robert Dimock Sir George Taylboys Edward Stanley Christopher Willoughby and Reginald Bury Knights to hear and determine the controversy between the Inhabitants of the parts abovesaid Which was accordingly done by these Jurors viz. Sir Robert Hussey Knight Sir Iohn Digby Knight Sir Iohn Thimelby Knight Thomas Dimock Richard Thimelby Richard Harington Will. Erminâ— Will. Mounson Iohn Bâ—ssy George Asâ—â—â—y Robert Tirwhit Richard Cecill Iohn Bâ—llâ— William Fitzwilliam Iohn Folâ—ingham Will. Leigh Thomas Desney Richard Grantham Edward Askew George Mackwoâ—th Thomas Billesby Will. Thorold Will. Enderby and Iohn Walcot Esquires CAP. XLIII HAving now done with what concerns the Province of Kesteven alone I come to it and Holand joyntly whereof the first mention that I have met with is of the afforestation made by King Henry the first in these parts which continued not long for it appears that King Richard the first about the beginning of his reign by his Charter to the Monastery of Spaldyng of the Towns of Spalding and Hinchebec with the lands waters and Marshes to them belonging did acquit the Inhabitants of those places from all duties belonging to the Forest as also of Harts and Hindes with all other wild beasts and of all Forest Customes and exactions which had used to be there do â—e or required so that no Forester or any other might thereupon vex or disquiet them And moreover gave them License to make Banks and Ditches to inclose their Lands and Marshes as also to build Houses and exercise tillage as they themselves should think fit within these particular metes and bounds viz. betwixt the river of Wailand and Chelebeche in length and from Midfen dic which is the division betwixt these two Provinces of Kesteven and Holand and Gudramesend which is the boundary as far as Saltene in bredth and Hasmanespade as the said river of Wailand coming from Crouland descendeth to the Sea From this deafforestation abovementionâ—d I shall descend to King Henry the third's reign in whose time I find that there was a Precept directed to the Shireeve touching the partition of Hauthuntre-Fen by the consent of those that had right therein whereby the said King gave special command that each Town might have their due proportion thereof assigned to them but in the first place that a Perambulation should be made by the Oath of xij lawful and discreet Knights betwixt it and the Fen called Fenting fen viz. in length from the Town of Swinefheved to a little rivulet called Barkesmere and so from the Marsh of Stevening as Barkesmere goeth betwixt the said Fen called Hauthundrefen and the Marsh of Hale unto the river of Kime and so in length by the said river of Kime to Dockesdike and from thence by the water Wuna to certain land of Boston And that so soon as the said Petambulation should be thâ—s accomplisht then to make partition of the before mentioned Fen by the Oaths of those Knights in such sort as each Town might have an assignation of their particular share to dispose and make improvement of the same according to their own best liking After this viz. in 44 H. 3. the King then directing his Precept to the Shireeve of this County whereby taking notice that not only the Landholders in those parts but himself had suffered inestimable damage by the overfloâ—ing of the Sea and likewise of the fresh waters through the default in repâ—ir of the Banks Ditches Gutters Bridges and Sewers in the lands which lately belonged to William Longespe in these parts of Kesteven and Holand he commanded the said Shireeve forâ—hwith to distrain all such Landholders who had safeguard by those Banks and Ditches and ought to repair them according to the proportion of their lands to the end that they might be speedily repaired in such sort as they ought and had used to be And in 23 E. 1. Adam de Crokedayk and W. Inge were constituted Commissioners to view the Banks Ditches and Sewers in these Provinces and to see that the currents of fresh waters in the Marshes thereof might have their due and antient passages as they had wont to have In 9 E. 2. Lambert de Trekyngham Roger de Coppeldyk and Robert de Malberthorp being then constituted the King's Justices of Sewers for these parts sat at Boston upon the Tuesday next after the feast of the Exaltation of the holy Cross there to make enquiry by the Oaths of good and lawful men what persons of this County of Lincolne had used to repair and maintain the Banks Ditches Gutters and Sewers within the fens of Kesteven and Holand and other places thereabouts as also the floudgates by which the fresh waters that had used to run from the parts of Kesteven into the said Fens were hindred from so doing and by whom the said waters were turned out of their right and due courses as also in what sort Whereupon Sir Will. d' Autre Knight Iohn de Holand and several other persons of quality being sworn did upon their Oaths present That the Town of Danington ought and had used to repair the Causey of Holand with little Bridges and Ditches on each part of the same from the said Town of Donington to the new Ditch And from the said Ditch unto the Chapel of S. Saviours the Prior of S. Saviours to perform the like repair there being at that time great defects
said Duke by his own power removed the said Abbot from that bank and compelled him more by violence than any reason to make a bank from Dyke end to Wodelode which banks the said Duke and his Lordship ought to have made by reason whereof the said Abbot and his Tenants were chardged more than they ought to be almost by three parts In Easter Term which was held at Lincolne xxiij E. 3. the Jurors for divers Wapentakes in this County presented that a certain Sewer called ShepEe had antiently wont to run from South Ee from a place called Douvefdale through the midst of the Precinct and circuit of the Abby of Crouland by a place termed Sandistowe and so directly to the gates of the Brother houses which is a Mannour of the Abbots of Crouland and that it did there descend into an antient Sewer called the Old hee and so Westwards under the Gates and Bridges of Brother house unto a Pool of the said Abbots there where Henry at that time Abbot of Crouland had erected a certain house for Oxen upon the said VVatercourse and Sewer of Old hee where it had used to run by right and so fall into the River of Weland for the benefit and Commodity of Cambridge Lincolne Northampton and Huntendon shires and of all the grounds from Tydd S. Maries in Lincolnshire unto Baston on the borders of Kesteven as also unto Surflet in Holand and that it ought to be xx foot in bredth And they said that the same Sewer called Shep Ee was first obstructed by Roger sometime Abbot of Crouland and that the same obstruction was at that time upheld by the before-specified Henry the then Abbot to the great damage of those Towns as lye betwixt the Town of Tydd S. Maries and Surflet And moreover they presented that there had wont and ought to be a certain common high way from Spalding unto Brother house and from thence to Crouland of such bredth as that all passengers might travel thereon with Horses Carts and usual droves of Cattel which Road-way ought to be repaired by the Abbot and Town of Crouland who likewise ought to make Bridges thereupon over all the Trenches and repair them as often as need should require so that the passage of Travellers might not be hindred as then it was to the great damage of the common people And they likewise presented that the said Road-way from Brotherhouse was obstructed by a certain Dunghill laid there by the said Abbots servants to the hinderance of all people passing that way And they farther presented that the before-mentioned Henry then Abbot of Crouland with his Covent had appropriated to themselves the particular soil of that high way at the end of Crouland town and planted willows and other trees thereon to the great hinderance of those that passed thereon And they likewise presented that there was a certain Causey made by the town of Spalding for the benefit of that place directly from Wode lode unto Midfen of Deping for safeguard of the Pasture of Deping and that the said Henry Abbot of Crouland had in the night time broken down the same Causey to the damage of the towns of Spalding and Pyncebek as also that the water of Spalding could not be preserved unlesse the same Causey were repaired and maintained By reason of which presentment the Shireeve had command to summon a Jury who appearing accordingly said upon their Oaths that the Sewer called Shepee was a certain Ditch and one of the bounds of the precinct of Crouland Abby and so had been time beyond memory which boundary did extend it self to certain other limits of the said Abby called Asewygtoft and from thence to other limits of the same Monastery And they said that there was not then nor ever had been any common Sewer running from South Ee through the midst of the precincts of that Abby since the time of memory And they also said that there was not then any common Sewer at the Brotherhouse but that the Sewer there was only a drayn peculiar to the Precinct of the before-specified Abby and within the several grounds of the said Abbot and boundaries aforesaid as also at the pleasure of the Abbot and Commodity of the Abby viz. to make it and stop it again in what place soever the Abbot and Covent should think fittest And that the Ox-house there built was in the several soil of the said Abby and within the before-mentioned limits And they said morever that there was not any common Road-way for passengers by land from Brotâ—erhouse to Crouland but only for all passengers by Barges and Boats in the River of Weland and that in consideration of hire to be given by those who were owners of the said Vesselss And that the said Abbot and Town of Crouland ought not to repair any way there nor make or maintain any bridges And they likewise said that the servants of the said Abbot did not obstruct any way at Brotherhouse by any Dunghill but they said that the place where the same Dunghill lay was the particular soil of the said Abbot as in right of his Church of Crouland and within the limits of that Abby neither was it laid there to the hinderance of any passengers And they also said that there was not any common Road-way at the end of Crouland town excepting in the River of Weland with Barges and Boats for all passengers upon hire And that the place where the said Abbot had planted willows was and had been his own proper soilâ— time beyond memory in right of his Church of S. Guthlake at Crouland And as to the Presentment that there was a certain Causey made by the men of Spalding for the benefit of that Town directly from Wode lade to Midfen of Deping they said that the same Causey was wholly upon the land of the Abbot of Crouland and not to Midfen of Deping And that the said Abbot was Lord of the Mannour and Town of Crouland within the precinct whereof was a certain Fen called Goukeslound which Fen was the proper soil of the said Abbot and so had been of his Predecessors time out of mind as parcell of their Mannour and Town of Crouland And they said moreover that the floud of fresh waters descending from the West into the said Marsh â—ad always used to passe from thence into the River of Weland and so to the Sea And that certain men of Spalding and other Towns had raised the said Causey upon the soil of the said Abbot of Crouland where never any Causey was before by which means the current of the fresh waters flowing in the said Marsh was stopped and by that obstruction the Marsh of Goukeslound and other Marshes adjacent thereto were overflowed and the Abby and Town of Crouland in danger of drowning And the said Abbot perceiving the said Causey to be so unjustly made and to the danger of drowning the before-specified Abby and Town came and caused it to be
the Epiphany under the penalty of CCl. And the before-specified Jurors farther said that there was a certain Gutter made in the Town of Multon called Bollisgote which ought to be repaired by the Inhabitants of that Town according to the number of acres which each man held therefore summons was given them to perform the same accordingly in form aforesaid before Whitsontide following upon pain of an hundred pounds But upon Thursday which was the Eve of S. Barnabas the Apostle at the request of some of the Country the Commissioners above named came to view the before-specified Chanel and to enquire by the said Jurors what was done in order to their Decree Where being met the Jurors presented that the Sewer which led to that streightning down to the Sea lying betwixt both the Counties above-mentioned ought to be enlarged to xx foot in bredth viz. on each side ten foot And because it was found by the said Jurors that the before-specified Decree for that straightning of the Chanel abovementioned could not be done within that time prefixed as it ought to be in respect of the great abundance of water it was respited till the feast of S. Peter ad Vincula commonly called Lammas and so likewise was the making of the said Sewer and that each Town adjoyning to the same Sewer should make it so far as their Land did extend And thereupon came Adam de Tydd and other of the Inhabitants of Tydd and consented to make and repair the Ditch of Sutton Marsh betwixt Schoft and Gedeney according to their number of Acres provided that they might not be chardged for their Land lying in Tyd Marsh before the said Marsh was defended by those Sewers and straightning that Gutter of Schoft In 23 E. 1. upon an Inquisition taken at Gosberchirche within this Province of Holand on Friday in Whitson week before Adam de Crokedayk and William Inge it was found that all the Landholders within Donyngton in this Province ought according to the proportion of what they held repair and maintain the Causey of Holand with little Bridges and likewise Ditches on each side thereof from the said Town of Donyngton to the new Ditch And that the Prior of S. Saviours ought to repair and maintain the same in manner as aforesaid from the said Ditch to the Town of S. Saviours in regard that the said Prior had Lands in that Town worth xxl. a year for the repair thereof And it was then presented by the said Jurors that there were very many defects at that time in the same Causey for default of its repair by the said Prior and Inhabitants of Donington and most of all for want of Bridges which had been carried away on each side of that new Ditch And they also presented that the Sewers of Scathegarst Swyneman dam and Swane lode ought and had used to be xvi foot in bredth and so deep as that the water might have a free passage and repaired by the Town of Donyngton unto the River to Byker which runneth to the Sea and to be opened from the first day of March untill the Fâ—ast of S. Martin and so likewise from the said Feast of S. Martin to the first day of March except there should happen to be such an aâ—undance of water at that time tâ—at the Sewers could not suffice but that this Province of Holand would be drowned and in such case that it should be lawfull for them to stop the saiâ— Sâ—wers opening them again at the câ—asiâ—g of those inundations And they said that for default of râ—pair of those Sewers there was thâ—n great damage in the Common Marsh adjoyning and that then thâ—ough the surplusage of water those Sewers wâ—re stopt and not by any other means Aâ—d they also said that the before-mâ—nâ—ioned Chanel of Byker ought to bâ— râ—paired by the said Town of Bâ—ker as often as need should require and tâ—at it was not then so deep as it had used to be for carrying away the water of â—â—e said Sewâ—rs And they said moreover that the Sewer of Quadring Ee had a Gutter and that the same Sewer ought to be of the before-specified widenesse and depth and to be repaired by the Town of Quadring and that it was stopt up by the same Town three years past And that the Sewer of Risgate had Gutters which ought to be repaired and maintained by the Towns of Gosbercherche and Rysgate and that it was obstructed by Ranulph de Rye towards the Marsh but four days since and likewise that it ought to be of the said bredth and depth And that there ought to be a Sluse betwixt the Marsh and it of sixteen foot wide and also to be oâ—en in such sort as the Sewer of Scalegarst unlesse there should happen to be so great an inundation as aforesaid but that ceasing then to be opened And that the course of that Sewer which towards the Sea was called Newe Ee gate had wont antiently to run directly through the midst of the Marsh in Gosvercherche belonging to the Abbot of Pâ—terborough untill thirty six years before that by the flowing of the Sea and the fresh waters it became obstructedâ— thereupon by force made it self another current which it then held And they likewise said that aswell the water of the Sea as the fresh began about three years then past to goul the antient Chanel and that the before-mentioned Abbot discerning the same repaired it for the safeguard of his own land And the said Jurors being asked whether that the Chanel which the water had at that time was sufficient for the delivery and evacuation thereof answered that it was but they said that the antient course thereof would be more proper and beneficial than the current which it then had because it might be repaired with the lesse chardge running in a straight line than by a circuit and crookedly and sooner dischardge it self But whether it went in the old or the new Chanel they affirmed that it ought to be repaired and maintained by the Town of Gosbercherche And being enquired of the damage which the Abbot might sustain in case the same water should be reduced into it's antient Chanel they said that he would lose fourscore acres of marsh in regard he could have no way to it by reason thereof And they said moreover that the Sewer of de la Beche ought to be three foot in bredth and as much in depth at the head thereof towards the said Marsh and lower towards the Sea xvi foot in bredth and wheresoever it was to be narrower to continue the same depth as abovesaid and that it ought to run all the year long but was obstructed in the time of K. Henry the third father to the King that then was by Henry de Bathe at that time a Justice Itinerant which obstruction was continued till that time by the Towns of Gosberchirche Pinchebec and Surflet and that it ought to be repaired and maintained from the
Stikeneie and A. de Cubledyk for those in the Wapentakes of Kirketone and Skirbeche and the parts adjacent In 7 E. 2. to Roger de Cubeldyk Laurence de Holebeche and Walter de Freskeneye for those only upon the Sea coast in this Province The like in 8 E. 2. to the said Roger Laurence and William de Farforde In 9 E. 2. upon an Inquisition taken at Boston before Edmund Deincourt Lambert de Trikingham Roger de Copildik and Robert de Malbirthorp then Justices of Sewers upon Tuesday next after the Feast of the Exaltation of the Holy Cross it was found that the Town of Donington ought to repair and maintain the Causey of Holand with Bridges and Ditches on each side thereof viz. from the said Town of Donington unto the new Ditch and from the said Ditch unto the Chapel of S. Saviours the Prior of S. Saviours ought to do the like And it was likewise found that the said Town of Donington ought to repair the Sewers of Scoftgraft Swinemandam and Swanislad to the bredth of xvi foot and of such depth that the current of the water should not be hindred unto the River of Biker which leadeth to the Sea and that they ought to be open from the first day of March untill the Feast of S. Martin in Winter and likewisâ— from the Feast of S. Martin untill the first day of March unlesse so great an inundation of the Sea-water should happen at that time that the Sewers would not suffice to carry it away but that the Country of Holand would be ovâ—rflowed and in case of such flouds that tâ—e town of Donington might stop tâ—ose Sewers and upon the fall of the waterâ— opâ—n them again And it was found that the said Sewers were then stopt for waâ—t of clensing by the said Town of Donington And it was â—urâ—â—er found that the said town of Biker ougâ—t to repair and clense the said River of Biker unto Bondistac and from Bandistac to Quadring the said town of Donington to do the like to the bredth of xxiiij foot And that the town of Quadring with the Commoners thereof ought to scour and repair the same River unto Gosberchirch to the same bredth and the town of Gosberchirch to do the like according to the same bredth unto the Sea so that the fresh waters might not be hindred by the said Rivers and Sewers And it was also found that the River of Biker was then obstructed from Bondistake unto the Sea through the default of clensing it by the town of Donington and Quadring and the Commoners of Gosberchirch And that the said River of Biker where the Dam was ought to have been open all times of the year but that it would be more proper that the said town of Biker for their own benefit and commodity of the whole Country should make a certain Clow with two dores each of them four foot in bredth which Clow to be always open unlesse a great inundation of the Sâ—a should happen And it was moreover found that the Sewers and Gutters of Quadring being then obstructed by the town of Quadring and the Commoners thereof ought to be xvi foot in bredth and of such depth that the course of the water might not be hindred and repaired and clensed by the said town and Commoners And that the Sewer of Gosverchirche called Risgate and the Sluce betwixt the Fen and it which ought to be open throughout the whole year as Scatisgraft and Swannislade used to be were obstructed by the Abbot of Peterborough and the town of Gosberchirche and that the town of Gosberchirche with the Commoners thereof ought to clense repair and new make the said Sewer and Gutter called New gote and the Sluse whereby the water did antiently passe directly through the midst of the said Abbots marsh And it was likewise found that the Sewer of the Beche which ought to be scoured and clensed by the towns of Gosberchirch Surflet and Pinchebec from the Fen to Surflet and from Surflet to the Sea was then obstructed tthrough the default of those towns and that one Richard de Heddil had raised a Dam in the said Sewer whereby the course of the water was hindred And it was also found that the Sewer of Briggeflet was then obstructed by the town of Hekyngham and that it ought to be amended by the said town unto the River of Swinesheved and that there the River was sufficient to carry away the water unto Kyme mouth which was at that time stopped by Philip de Kime to the great damage of the whole Country And that the Sewer called the Encluse neer Boston ought to run for the space of the whole year but was then obstructed in the Winter season by the Inhabitants of Boston on the West part of the Bridge and that it ought to be three foot in bredth and repaired by the town of Boston on the West part of the Bridge Likewise tâ—at the Sewer called Hamundbek on the South end of Boston was then also obstructed by the Inhabitants of that town on the West part of the Bridge and the Inhabitants of Skirbâ—k and that it ought to be repaired by the said men of Boston to inhabiting on the West of the Bridge and the mâ—n of Skirbek and for that reason all the said Inhabâ—tants residing on that West side of the Bridge ought to Common in the Eight hundred fâ—n and that this Sewer ought to run by the space of the whole year And that the Inhaâ—itants of the Eight Hundreds ought to clense the River of Swynesheved from Balberdesbothe unto the North end of Swynesheved town and the town of Swynesheved to do the like from the said place unto the River of Biker And moreover that the towns of Iwardebi and Ousthorp ought to repair and maintain the South side of the wâ—ter called Apiltrenesse unto Kime and that it was then in decay through the default of the Prior of Haverholme who ought to repair a great part thereof and did refuse so to do And that Philip de Kime who ought of right to repair a certain portion of the side at Watemouthe did not do it insomuch as through the default of the same Prior and of the said Philip de Kime the whole Fen of Kâ—steven in Hoiland was overflowed and drowned to the damage of all those Countries And it was likewise found that the said Philip ought to repair that current of the before-specified water and did neglect so to do to the great damage of the Country and especially of the Priory of Kime And also that the Prior of Haverholme ought to provide a certain Boat at the Bothe neer Watemouth to transport foot-folks over that water aswell by night as day so often as any man should have occasion to passe that way and that he did not do it to the great damage of passengers travailing there And that the said water was the common passage from Kesteven unto the River of
Withum And that the Ditch which is called the Did hee lying betwixt Holand fen and Hâ—kinton fen and Kime Fen ought to be clensed and repaired by the Inhabitants of the Eight Hundreds of Hoiland on the East part and by Henry de Beaumond Lord of Hekinton and the Commoners of Hekinton and Philip de Kime on the West part and from Balbardesbothe to the River of Kime and that it was there obstructed by Philip de Kime And it was then also presented that the Town of grâ—at Hale with the Commoners ought to repair and maintain the Causey of Gerwik unto Pingelhirne both for Horse-men and Foot-folk And that the Town of Hekinton with Gerdwikâ— ought to clense and repair the stream of Geâ—dwike unto the water of Swineshed viz. unto Balberdesbothe and that it was not then done but the half of the said stream unto the Park on the South side thâ— Parson of Hale ought to clense and repair And it was likewise then found that Burtonebrigg was a common High way and that the one half thereof ought to be repaired and maintained by the Town of Burton together with the Caâ—sey on the North part and the other moytie by the town of Helpringham with the Causey on the South part so that horse foot-folk might at all time pass securely there and that it was then in decay And it was farther presented that the head of Caresdik was a certain stream which is called the South Ee and ought to be repaired and clensed by the Town of little Hale and the Commoâ—ers thereof on the one part and by the Towns of Helpringham and Biker unto Gobion Bothe on the other part And that Hatchtlode was a common Sewer and ought to run at the same time that the Sewer of Scathegraft did but was then obstructed by the Prior of Spaldyng and that it ought at the entrance of the water from the Fen to be one foot in bredth and as much in depth and within by the Town to be of six foot in bredth to the Sea and to be repaired by the Town of Pinceber to the Sea And moreover that Baston hee ought to be clensed and repaired by the Towns of Baston Thurlebi Obthorpe and Winelistorpe from Calebrigge to Estcote by raising of the Banks and clensing the stream on each part and from the Town of Estcote through Pincebec unto Surflete and from the Town of Surflet to the Sea which Banks did then stand in need of great repair and raising higher And that Brunne hold hee ought to be repaired raised clensed and maintained by the town of Brunne and the Abbot of Brunne from Brunne unto Goderamscote and from Goderamscote the town of Pinceber ought to rerepair the same to Surflet and the town of Surflet to the Sea for default whereof all the Fen of Holand and Kesteven were overflown and drowned And they lastly presented that Bollisgote in Multon was a common Sewer and became obstructed by the town of Multon and that the Gutter which was called the Gote was carried away by the Inhabitants of that place In 10 E. 2. Roger de Cubledik Laurence de Holbeche and Hugh de Gorham were constituted Commissioners for the view and repair of the Banks and Sewers in the Marshes of Gedney Holbeche Sutton and Flete The next year following the Abbot and Covent of Peterborough came to an Agreement with Sir Hugh de Cressey Sir Iohn de Ry Iames de Bark and other the Inhabitants of Gosbercherche and Surflete concerning a certain Sewer in the Marsh of Gosbercherche newly made from that place which is called Nâ—we Gote directly to Salten Ee the tenor of which accord was as followeth viz. that the said Monks of Peterborough did for them and their successors release unto the said Hugh and the rest and to their heirs all the action which they had in respect of any trespasse done to them touching that Sewer And moreover granted that the said Sir Hugh Sir Iohn and the rest of the Commonalty of the before-specified towns and their heirs should make the said Sewer through the midst of that Marsh xx foot in bredth according to the Kings ell as it then was as often as there might be occasion for the same to run for ever And if it afterwards did happen that it should be obstructed either by the flowing of the Sea or otherwise that in such case the said Sir Hugh and the rest above-mentioned and their heirs might have power to clense the same to the before-specified bredth with as little hurt or damage to the said Abbot and Covent as might be so that the said water might have it's passage as aforesaid In the same year Roger de Cubbeldyk Walter de Friskeney and Robert de Malberthorpe were constituted Commissioners for the view and repair of the Banks and Sewers in these parts of Holand The like Commission in 14 E. 2. had Alexander de Montfort Humphrey de Litlebury Everard de Flete and William de Fayreford for those upon the Sea coasts and parts adjoyning betwixt Tidbriggge and Surflete brigge So also in 15 E. 2. had Walter de Friskeney Robert de Malberthorpe and Roger de Cubledyke In 16 E. 2. Roger de Cubledyk and Alan de Cubledyk were appointed to view the Banks and Sewers betwixt the Bridges of Holand and Tid and to take order for their repair The like assignation had the said Roger and Alan with William de Faireford the year next ensuing for those betwixt the Crosse of Wolmerstye and Tiddbridge and for the preservation of the whole Country of Holand within the Wapentake of Ellowe before whom the Jurors presented First for the town of Pincheber that all the Sea-banks and those of the Marshes which were broken by tempestuous waves should be repaired and made higher and thicker than they had formerly been And that at that time there were many perches of those Banks broken and ruinous by reason that the lands which were chardged with the repair of them had long been in the hands of strangers and therefore they deemed it necessary that all the lands of the said Town of Pinchebec should be surveyed anew and after such survey every man to be assessed according to what he held And they also presented that the water called Brunne hee which had it's course through the midst of the before-specified Town unto the messuage of Richard de Cheile should thenceforth be stopt below the Weltres And because that could not possibly be done by reason of the water coming from far upon great falls of rain against which the said Town could not provide except there were a reasonable out-let made from the said messuage to the Sea by the River of Surflete which was too narrow by xx foot and that unlesse it were widened to that proportion the town of Pinchbec would be overflowed every year in regard that the said current ought to be larger at the out-let
of Crabhous with some lands belonging thereto all being then waste and in the nature of a Fen But afterwards the Inhabitants of that place and of divers other came and with drayning and banking won as much thereof by their industry as they could And that they might the more securely enjoy the same were contenâ— to be Tenants for it unto such great men of whom they held their other lands and upon this occasion by a common consent amongst themâ— was the old Podike first raised about the year MCCxxiij 7 H. 3. Nor was a great part of this Country any other than a Marsh about that time for by that Precept to the Shireeve of Norfolk for giving unto Hubert de Burgo then Justice of England the like possession thereof as he had in King Iohn's time when he went into Poictou for the serviâ—e of that King it was so called and bounded with the Towns of Wigenhale Welle Hagebeche Tilney and Tirington which I take to be little lesse than half Marshland all which was soon after restored to the Church of Ely as having a better interest to it than this great man But notwithstanding the said Bank called Podike so made as hath been said it seems that the Marshland men had no cleer title to the whole soil whereon it was erected Will. Bardolfe at that time Lord oi the Mannors of Stow Wimbotesham and Dounham Lordships lying on the other side of the Ouse chalenging some right therein for in 35 H. 3. they came to an agreement with him by a Fine levyed before the Justices itinerant at Norwich in the xv of S. Martin the principal parties to the said Fine being the then Bishop of Ely the Prior of Lewes the Abbots of Ramsey Dereham and S. Edmundsbuâ—y Thomas de Ingaldesthorp and Will. de Shouldham By which Fine the said Will. Bardolf quitted all his title in the whole Marsh called West fen through which the same bank extended unto the said Bishop Prior Abbots c. and their successors for ever And they to him and his heirs the before-specified old bank viz. Podike and an Cxx acres of marsh with the appurtenances lying in the said West fen within the same bank Northwards containing xij furlongs in bredth About three years after the Sea-banks of this Province wanting repair the Shireeve of Norfolk was required to distrain all those persons in the Lete of Clenchwarton and West Len who were Tenants of such lands as ought to repair those Banks in such sort as they had wont to be repaired for repelling the inundations of the Sea and fresh waters which Tenants to have afterwards allowance for the same from their Landlords What was then done therein I find not but within four years ensuing it appears that the Inhabitants of this Country had exceeding great losse by the breach both of the Sea-banks and those which should have kept off the fresh waters insomuch as the King being advertised thereof commanded the Shireeve of Norfolk that he should forthwith distrain all the Land-holders who might have benefit thereby to repair and maintain those Banks and Ditches according to the proportion of their said lands lying within the bounds of them And the next year following upon more damage hapning by a new inundation of the Sea through the breach of those Banks towards Wisbeche within the liberties of the Bishop of Ely having required the said Bishop to distrain all his Tenants within this Province of Mershland and elswhere within his said liberties who had defence and safeguard thereby according to the quantity of their lands lying within the said Banks to repair and maintain them as they ought and had used to do he sent his Precept to the Shireeâ—e of Cambridgshire thereby chardging him that after the said Bishop had so distrained his said Tenants as abovesaid he the said Shireeve should not dâ—liver any Cattel so taken by way of distresse without the Kings special command In 16 E. 1. Will. de Carleton and Will. de Middilton were constituted Commissioners to enquire of certain breaches in the Banks of Robert de Scales in the Hawe and Ilsington in this Province and to distrain all those who ought to repair them The like Commission had they the next year ensuing for the view and repair of the Banks in Tilney and Ilsington then broken by the raging of the Sea So also in 18 E. 1. had the said Will. de Carleton and Will. de Pageham for the banks called Pokediche Siwellediche Fendiche and Gildangordiche then broken by flouds in divers places In 21 E. 1. the Inhabitants of this Country made a grievous complaint to the King importing that whereas the bank called Pokediche was antiently made and had till that time been maintained by them for the safeguard and preservation of those parts against flouds of water certain Malefactors having a purpose to do them mischief had made a hole in the said bank and did by force and arms hinder those that would have stopt it by reason whereof aswell the tides from the Sea as the fresh watâ—rs overflowed the Pastures lying within the precincts thereof the said King therefore being very sensible of this great injury assigned Peter de Campania Thomas de Hacford and Adam de Shropham to enquire by the Oaths of honest and lawfull men of this County who they were that did make this breach and to hear and determine of that trespasse And the said King being informed that in case the fresh waters coming by Utwell could have their course to the Sea in such sort as that they might not mix with the waters running in Mershland this Country of Mershland by that severing of them would be much amended he commanded the said Commissioners that they should forthwith go to the Town of Utwelle and there take order that the said fresh waters so descending that way should have their due and antient course to the Sea as formerly so that this Country of Marshland might have it's Drayn to the Sea by the same out-fall The next year following the King directing his Commission to Simon de Elysworth and Thomas de Hageford to enquire touching the defects in repair of the Bank called Pokediche as also of other Banks and Sewers in this County the Jurats for the Hundred of Frethbrigge by virtue of the said Commission did upon their Oaths present that through the default of the Town of Wigenhale in making and repairing of their Ditches above the Podyke great losses had hapned in those dayes to these parts of Mershland so that the lands of divers men were drowned by the inundations both from the Sea and fresh waters And they also said that the said Pokedyke could not be sufficiently repaired before the Feast of the Nativity of S. Iohn Baptist for the safeguard thereof and of the Country in regard that certain men of Wigenhale had divers lands lying adjacent to the same Bâ—nk
meerly belong to the Inhabitants and Landholders of Tilney for the drayning and avoiding of the waters from all the Tenements of the Town of Tirington betwixt New Fen ditch viz. from the house of Laurence Chapell Northwards to the great Sea bank within which space more than five thousand acres were contained excepting the great gutter called Knight's gole which was to be made and maintained aswell at the costs of Tirington Walpole Walsokâ—n and Emneth and that part of Wigenhale which hath commodity thâ—râ—by as the Towns of Tilney and Ilsington and excâ—pting the Bridge at Robert de Midleton's house which was to be alwaies made and maintained by Iohn de Engaldesthorpe and Robert de Scales in consideration of the fishing thâ—re antiently granted to them and their ancestors and accordingly enjoyed in common with the Towns of Tilney and Ilsington And excepting likewise the Bridge called Black ditch bridge unto the Fen at Tilney stowe which the Inhabitants and Land-holders of Walsoken and Emnethe were obliged to make and continually maintain for the waters descending thereby to the Sea as they had used to do for the cause aforesaid time out of mind And likewise excepting the sâ—veral Bridges of all the Tenants and persons conversant upon that Sewer which was betwixt the house of Rob. de Midleton and Gullysgole in Islington exceâ—ting all the particular Briges of such persons as were conversant upon the Sâ—â—â—rs betwixt the Fedditch and Cuntesforth brigge in Tilney because they â—elonged specially to those persons And they said that the Sewer from Custowe in Tirington to Tilney Fen brigge ought to be xii foot in bredth throughout and the Bridge there of the same wideness at the bottom And that the Sewer from thence to Islington bridge ought to contain xvi foot in bredth throughout and the same bridge xii foot at the ground And the Sewer from thence unto the gutter called Knight's gole xviii foot in bredth for the water course every Bridge beyond that Sewer upon that current xvi foot in bredth And that all the said Sewers with the Gutter called Knigâ—t's gole and tâ—e common bank adjoyning to the said Gâ—tter ought to be repaired cleansed from thenceforth aswell by the remote Towâ—s which have benefit thereby as by the saâ—d Towns of Tylney and Islâ—ngton aâ— antiently had been accustomed And that the common Sewerâ— betwixt Old fen diche and Osgood hirne should be eight â—oot in bredth at the least aâ—d that upon the cleansing and scouring thereof in every place half the â—arth so cast out to be carryed to raise the common Drave higher And all the Bridges over the said Sewer six foot in bredth at the least which Sewer to be scoured at the charge of all those that resided neer thereto And they likewise said that the Sewer from the west side of the croft belonging to the messuage of Will. de Westbrigg ought to be alwaies scoured and maintained amongst the rest of the common Sewers unto the North part of the Abbot of Dereham's Land by the Hadeland there lying and tâ—ere turning neer the same Laâ—d to the Sewer next unto the Drave And that the Trenches betwixt the tenement of Iohn the Son of Peter Drugh Iohn Sabine anâ— elswhere in the Hâ—â—eland called Sonnerâ—â—ye which is unduly made a comon path should be forthwiâ—h stopp'd up and so kept thenceforth to the end that the same path might be hindred And they moreover ordained all the Sewers belonging to the said Town of Tilney and Islington to be opened in every place and so kâ—pt for ever And they farthâ—r decreed that for the inviolable performance of all the before-specified Ordinances reasonaâ—le Taxes should be moderatâ—ly assessed by the Guardians for the safeguard of those places and chiefly by xij others authorized and associated to them and then collected by Geffrey at Falyate c. And that the said Guardians with the assistance of those twelve should diligently enquire of the transgressors of those Ordinances and compell them to make due satisfaction for the same by distress sâ—le of their goods grievous amercements as often as there should be occasion And the said Jurors did also decree that the same penalties and punishments against such as should violate those ordinances or negligently in any sort withdraw themselves in the observance of them should firmly and inviolably be imposed from thenceforth forever as were then and had time out of mind been used in Wigenhale and other Towns in these parts of Marshland for the safeguard of the Country viz. that as often as any one of what estate or condition soever should not repair his proportion of the banks ditches and causeys before-specified for the preservation of the said Towns of Tilney and Islington as also the said common Sewers belonging to him according to the Ordinances aforesaid that a fit day should be assigned him by the before-specified Guardians before which no peril might probably happen and in case he did not perform the same within that time that xiid. which is called a Bilawe should be levyed upon him fâ—r every perch unrepaired And then aâ—â—â—â—er day to be given him to accompâ—â—â—â—â—he same before which no dangâ—r might in likelyhood happen and in case he did not make performance thereof before that time that then he should pâ—y for every perch two shillings which is called Biscot And then that a third day should be allowed him to effâ—ct the same before which no peril might probably happen within which time in case he fayled to pay for every acre three shillings which is called Triscot And thenceforth that the said delinquents in those neglects to be alwaies distrained and the distresses to be prized openly and sold by xij honest and lawfull men of the said Towns of Tilney and Ilsington and the moneys arising by such sale oâ— those distresses imployed in the performance of the said repairs and the remainder in case there should happen to be any to be forthwith restored Saving alwaies to the said Guardians the forfeitures of the Bilaws Biscots and Triscots for the causes aforesaid In the Winter season of this year so great were the tempests that the Towns of Walsoken Westwalton and Enemuthe received extraordinary loss by inundations from the Sea insomuch as they became Petitioners to the King for some alleviation of the taxe of a Fifteen then granted to him in Parliament by the Commons of this Realm whereunto the said King did graciously conâ—escend and thereupon directed his Prâ—câ—pt to the Treasurer and Barons of his Exchecquer as also to the Assessors and Collectors of the same to abate unto them eight pounds thereof the whole sum being Lxâ— the next yâ—ar â—ollowing Geffrey de Colevill Roger de Hakebeche Geffrey Bryseyard and Adam de Fincham were constituted Commissioners for the view and repair of the banks and Sewers neâ—r Walpole in this Province In the winter of which year the Sea was so outragious that it brake the
banks in sunâ—â—y places drowned many cattel and spoylâ—d a great quantity of corn so that the Inhabitants of Tuney Walpoâ—â— Wâ—lsokne West walton 〈…〉 petitioning the King â—or râ—medy â—â—â—rein he assigned Constantine dâ— Moâ—tiâ—â—er Iohn de Hiderseâ—e and Iohn de la â—â—kele to make enquiry theâ—eof and consider of some speedy way of redrâ—ss Whereupon a Jury was impanelled and sworn who presented upon Oath that the Town of Tilney had a câ—rtain bank towards the Sâ—a on the East part of the said Town extending it self from the Town of Clenchwarton towards Wigenhale and containing in length two miles the charge in râ—pair and mâ—intenance of one mile and an halâ— thereof amounted to Lviiil. xs. viz. for â—very perch xviii d. and the other half mile vil. xs. viz. for â—very pâ—rch vi d. And they said that upon Monday next after the Feast of St. Hillary prâ—câ—ding the same bank was so broken by the raging of the Sea in no less than five places that the Town of Tilney was overflowed with the Sea water and the Lands Meâ—dows and Pastures belonging therâ—to continually drowned for the space of seven days by which means their winter-corn then sowed upon the ground was destroyed as also much of the corn and hay in their Barns with C. Murrons and Lx. Ewes to the damage of CCCl. unto the said Town And they said that before thâ—y could make good that bank called the Indike containing four furlongs and an half in length for the safety of the said Town five Messuages and xl acres of ground which were the Lands of Thomas de Ingaldesthorpe and others with divers goods then therein being were utterly lost to the damage of a Cl. And they said that the Inhabitants of that Town expended in the repairing the said four furlongs and an half of the same Indike xll. and that to make the same good as it antiently had been would require Lxl. more And they said moreover that within the compasse of Lx. years then past one Parish Church with the Parsonage was by the breaking in of the Sea ruined and within xxx years a Mannour house of Robert de Scales and of his Tenants and others xx messuages â— with an hundred Acres of Land utterly lost for ever And they farther said that the same town of Tâ—lney had another Bank on the North side tâ—ereof for its defence towards the Sea viz. in length from Tyrington one mile towards Clâ—nchwarton the repair whereof stood them in xls. by the year And that they had another Bank towards the Fen called Pokediche containing in length one mile for defence thereof against the fresh waters the repair whereof stood them in xls. per anum And that the whole yearly chardge which the said town of Tilney did undergo in the repair of the said Banks Gutters great and small Bridges Kays and Schores with several Sewers for the preservation thereof came to Cxll. And they likewise said that this town of Tilney by that grievous tempest so hapning upon the Monday before-specified lost one Gutter called Scales goule to their damage of xxxl. And that the charge in new making of xij new Gutters great and small five Bridges to be new made or repaired and divers Sewers would amount unto xxxl. which of necessity must be done the Summer following And they said that these dangers did every year much increase upon them in regard that the Fifteen taxed upon them for the two preceding years amounted to Lxl. and the raising arming and arraying of Hobelars and Mariners xxl. there being DCCxlvij acres of land lying within them which belonged to the Abbies of S. Edmundsbury and Dereham and other Religious Houses which were assessed with the Spiritualities and therefore contributed nothing therein And they said that the town of Walpole had a certain Bank on the North part thereof for its defence towards the Sea which Bank extended from the town of Tirington to the Gutter of Waltone called Noâ—â—che gole containing in length three miles whereof two miles would require CCl. per annum chardge and the residue xls. And they also said that upon the before-specified Monday next after the Feast of S. Hillarie the same Bank was so torn by the raging of the Sea that the Inhabitants of the said â—own bestowed xll in the repair thâ—reof And they said morâ—over that in the eighth year of the same Kings reign upon the Eve of S. Andrew a certain Sâ—a-bank at Ristofte broke by the violence of the waves whereby two hundred acres of land were utterly lost for ever And that within thirty years thâ—n last past they likewise lost for ever one Parish Church xx messuages and CCC acres of land And likewise that the Inhabitants of this Town were at the yearly chardge of Lxs. in repair of the Gutters great and small with divers Bridges belonging thereto And that the said Town had also another Bank towards the Fen called Pokediche for defence thereof from the fresh waters which Bank contained one mile in length and stood them in xls. per annum repair And they said that the town of Walsokne had a certain Bank for it's defence towards the Sea extending from Warfanglestowe to Emeneth menys and cotaining in length three miles whereof the repair for one mile amounted to xxvil. per annum viz. for every perch vid. And that the same Bank was so broken by the rage of the Sea upon the before-specified Monday that the Inhabitanâ—s of the said Town were at xxl. costs in repair thereof And that in the eighth year of the Reign of the said King upon the like occasion they spent xxxl And that the yearly chardge in repair of the Gutters great and small and Bridges for safeguard of the T said own amounted to Cs. And they likewise said that the same Town had a certain Bank called Pokediche towards the Fen for defence thereof from the fresh waters which Bank containing one mile in length had xls. per annum bestowed thereon in repairs And they said that the before-specified Inhabitants in repairing of one Gutter at Colevile's Mill in the twelfth year of King Edward the second 's reign and another at Coldhirne in the eighteenth year for drayning the waters from their lands to the Sea expended xl l. And that the stream of the water called Wallenhee which had wont to run towards the Sea under the Sea-bank of Walsokne where it had made so great a depth and hollownesse that the Lands in that Town had a sufficient evacuation of their waters to the Sea thereby being at the sute of the Inhabitants of the Counties of Northampton Cambridge Huntendon and Lincolne made to the King and judgement of his Court diverted towards Wigenhale by Well dam the sands were grown to that height in those Chanels wherein it had formerly passed that the waâ—ers of the said Town of Walsokne could not drayn any longer that way by reason whereof no lesse than CCC Acres
of ground sowed with Winter Corn were in the seventh year of the reign of the said King Edward 3. overflowed and drowned to the damage of fifty pounds viz. every Acre xl d. And in the eighth ninth and tenth yearâ— for want of the like Drayning their losse was xlv l. viz. every year for each Acre xij d. And they said that the Town of West Walton with the Hamlet of Enemeth had a Bank for defence of the Sea beginning at Nobeche gotâ— and extending it self in length to a certain boundary called UUarthanglâ—stoke two miles and an half whereof one mile coâ—t them xl l. And that they had another Bank of defence against the Sea extending it self from a certain place called Mâ—râ—iche to Boxted hirne containing in length three miles the repair whereof did cost yearly in the whole vi l. And they said that the same Bank in UUest Walton was so broke in the VVinter preceding upon the said Monday next after the Feast of S. Hillarie that the Inhabitants of that Town and Hamlet were at Lx l. charge for repair thereof and for safeguard of the same over and above the cost which they yearly had used to be at therein And that in the said eighth year of the before-specified King on the same Eve of S. Andrew the Apostle they lost by the raging of the Sea fourscore Acres of land by reason whereof they were constrained to make a new Sea-bank of four â—urlongs in length which cost fourscore pounds viz. every particle x s. And that in the first year of the said King they lost seven messuages and sevenscore Acres of land and an half by the violence likewise of the Sea And in the tenth year of K. Edw. the second they also lost by the like means xiij messuages and eightscore Acres and an half of Land and in the second year of the same King Edward 2. xij messuages and sixscore Acres of Land And that they had a certain Bank called Pokediche for defence against the fresh waters containing in length one mile which stood them in xl s. per annum chardge And they said that the same Town and Hamlet did maintain three Gutters for drayning away of the fresh water one towards the Sea and two towards the Fen which were new repaired in the ninth year of the then King to the cost and expence of xl l. and that the yearly chardge in repair of them came to xx s. And that in Gutters Pipes Sewers and Bridges they spent yearly no lesse than Lx s. And they said moreover that the four Towns before-mentioned with the Hamlet had a certain Gutter called Knight's gole which then wanted repair as also a certain Sewer to thesame Gutter extending it self five miles in length the chardge in repair whereof amounted to Lx l. And they said that UUigenhale Tirington and South Lenne were neighbouring Towns and that UUigenhale had a certain Bank containing in length seven miles on one side the great River called UUigenhale hee And on the other side of that River a Bank of three miles in length And that they had a certain Bank for defending of the fresh waters as also Bridges Pipes and Sewers Causies and floudgates which occasioned them much expence every year And they said that on the morrow after the Epiphany in the third year of the then King a certain Bank on the West part of the said River by means of the raging of the Sea broke so that the Tides entred and overflowed a thousand Acres of Land sowed with Corn to the great damage of the same Town And that on the West part of the said River by reason of the like tempests hapning upon the Eve of S. Hillarie next before the before-specified Bank was broken and torn so that the tides entred bore down a House and overflowed CC. acres of land sowed with Corn. And that on the Eve of S. Andrew in the eighth year of the same King the said Bank was by the like mishap broken again for the length of three furlongs in a certain place called Burtys bithe insomuch as the tides flowing in thereat overwhelmed a thousand Acres of Land sowed with Corn And that on the morrow after the Feast of S. Hillarie then last past there was by the like means a breach made on the East part of the same River whereby eightscore Acres of Land sowed with Corn were overflowed And they said that the men of Tirington had a certain Sea-bank containing three miles in length and another Bank for defence of the fresh waters as also Gutters Bridges Sewers and Causies which occasioned them great expences every year And that the Gutter called Orehowe was broken on the Eve of S. Hijlarie then last past and likewise another Gutter called Newethrowe by the violence also of the Sea both which did then want repair And that a certain Gutter called Giggesthorne was also so broken that it stood in need of repair And they lastly said that the Town of South Lenne with the Hamlets had a Sea-bank and Sewers with Bridges and Floud-gates which were also very chargable to them The said King therefore much compassionating the great losses which the Inhabitants before-mentioned did sustain by reason of those lamentable breaches in their Banks and inundation of the Sea as aforesaid constituted Iohn Howard senior Gilbert de Hâ—thil Geffrey de Brusierd Iohn de Swaâ—ham and Adam de Walfokne his Commissioners to view the same and to make new Agistments for the same Sea-banks for the safeguard of the Country as often as need should require And the next year following there being a Tenth and Fifteenth to be Assessed and Collected which had been granted to the King in his Parliament held at Notingham about two years before upon the humble Petition of the Inhabitants of Tilneye Walpolâ— Walsoâ—ne and West UUaiton and the Hamlet of Enemethe as also of the Towns of UUigenhale and Tirington exhibited to the said King by which they represented their extraordinary losses by the before-specified inundations desiring that the Assessment might not extent to any other of their Goods and Catalls than what they had remaining after those their disasters the King tenderly commiserating their condition required Constantine de Mortimer and Iohn de Hedersete who were then appointed Collectors thereof in this County that they should not assesse it in the Towns before-mentioned otherwise than according to the direction which they had specially received from himself under his Seal to that purpose whereby Tilney was taxed at xl. UUalpole at xvil. viijs. Walsokne at xijl. UUesâ—waltone with the hamlet at xvil. ijs. UUigenhale at j xil. iiijs. Tiryngton at xvil. ixs. vid. And thereupon he commanded the Treasurer and Barons of his Exchequer that they should for the considerations aforâ—said accept thereof and upon payment of those sums dischardge them of the same In 16 E. 3. Will. Corbet Iohn de Houtone and Edmund Noen were constituted Commissioners
for the view and repair of the Banks Ditches and Sewers throughout all this Country of Marshland And in 20 E. 3. Sir Robert de Causton and Sir William de Dunton Knights Edmund de Gunevyle Parson of the Church of Tyringtone Iohn de Brymmesley Adam de Walsokne and Thomas de Welverton had the like Commission for those Banks in Tyringtone with direction to make new Agistments for the better safeguard of them as often as need should require So also the same year with the like direction and power for making new Agistments had Iohn de Hedersete Robert de Hakeâ—eche Roger de Dersingham Hugh de Walton and Adam de Walsokne for all the Sea-banks throughout this whole Province In the same year the Inhabitants of Wigenhale Walpole Walsokne Tylney Tirington West Walton and the Hamlet of Enemethe complaining to the King that though the Assessors of the Fifteenth granted to the King in Parliament in the xith year of his reign of all their goods movable for the term of three years did tax them the said Inhabitants at lesse sums for the said Fifteen than they had used to be rated at before their losses by the Seas inundation as hath been observed And that though the same persons had often undergone the like since that time neverthelesse the late Assessors of another Fifteenth then granted to the King had exacted from them the antient sum wherewith their said Towns were chardged before they suffered such losses and that the Collectors of VVooll did impose the like rates upon them and not only so but that the Shireeve had endeavoured by distresses to levy the arrears of that old Fifteen whereof by the said Kings special direction they were to have abatement he therefore appointed William de Thorpe Iohn de Walton and Roger Petygard to make enquiry thereof and to certifie the truth in the prâ—misses By virtue of which Commission the said William Iohn and Roger sate at Tylney upon Monday next after the Feast of the Nativity of the blessed Virgin in the year abovesaid before whom the Jurors presented that in and after the xith year of the then King there were destroyed and drowned by the raging of the Sea ten messuages and C. acres of Land in UUigenhale belonging to divers persons and that several other Lands were there dayly overflowed and in danger likewise of being lost And that the Lands and Tenements of the Inhabitants of the said Town did lye on both sides that arm of the Sea which ran through the midst of the said Town And they said that the men of that Town by reason of the beforementioned arm did yearly repair and maintain two Banks the one containing six miles in length and the other three the chardge whereof amounted to Cxxl. per annum and more as by estimation they were given to understand And they likewise said that the before-specified Inhabitants did yearly repair and maintain one Bank called Pokediche containing two miles in length for their defence against the fresh waters the charge whereof came to Cs. per annum and more And they said that in that same xith year and afterwards there were by the said inundation Cxl. Acres of Land in Walpole drowned and for ever lost And that the Inhabitants of that Town did yearly repair and maintain a Sea-bank containing three miles in length which extendeth it self Northwest from the Town of Tyrington unto a certain Floud-gate of Waltone called Nobeche gote for the repair maâ—nâ—enance wherof the Inhabitants of the same Town did yearly expend Cxijl. And that hâ—y did repair and maintain a certain Ditch called Pokediche containing a mile in length for their defence from the fresh waters the charge whereof came to more than xl. per annum besides other new works about those Banks which yearly rose to xll. And they said that in the same xith year and afterwards two Gutters which had been then lately made at Walsokne for avoidance of the fresh waters of that Town towards the Sea were wholly filled up by the raising of silt and utterly destroyed by reason whereof CC. Acres of Land belonging to several men there were every year overflowed in Winter time to the damage of ten pounds to the Inhabitants And they said that the before-specified Inhabitants of that Town did repair and maintain for every acre of land within the same four foot of the Sea-bank for defence of their lands against the Ocean And likewise for every acre of land in the same Town one foot of the Bank of Pokedike for keeping off the fresh waters the charges of both which was more than xxx l. per annum And that they did likewise yearly repair and maintain one Sewer containing five miles in length viz. from the Town of Walsokne to UUigenhale which stood them in more than ten pounds per annum And they said that in the same xith year and afterwards seven messuages and ten acres of land belonging to divers men in the Town of Tilney were by the like outragiousnesse of the Sea drowned and for ever lost and that divers lands of the Inhabitants there were dayly overflowed And they farther said that the said Inhabitants of that Town did yearly repair certain Sea-banks towards the River called Wigenhale Ee viz. from Catysbac-gole to King's gole which contain xxiiij furlongs in length whereof xviij do extend from a certain place called the Hope to Edeyenesgole and were often subverted by the Sea-tides so that the men of that Town did thereby lose a great part of their land yearly And they said that the before-specified Inhabitants were at the yearly charge of three pounds for repair of six furlongs of the said Ditch and for every furlong besides ten Marks And they said moreover that there was a certain Gutter called Scales gole but lately made for safeguard of the lands of those Inhabitants which was then destroyed by the Sea-tides by reason whereof a great part of the said Town was drowned and made yearly much worse to the annual damage of xxl. so that for the better defence of their Lands and Bank they were constrained to make two Scores the charge whereof came to C. Marks which Scores were also by the raging of the Sea overâ—hrown and spoiled to the losse of that Town Cl. And they likewise said that the before-specified Inhabitants did every year expend xxl. in the repair of two Banks viz. Pokediche and Blakediche for defâ—nce of their lands against the fresh waters and that they were at the yearly charge of xxl. more for other common works and likewise xl. for maintenance of their Gutters and Sewers And they said that in the same xith year and afterwards a thousand Acres of land belonging to the Town of Tirington were yearly overflowed by inundation of the fresh waters in regard that the Sluse called Scales gole being destroyed and spoiled by the Sea-Tides as abovesaid did occasion
the breach and ruine of another Sluse called Oxhowe by which the said fresh waters passed to Scales gole the damage whereof was Lxl. yearly to the said Town And they also said that CC. Acres of Marsh belonging to the same Town viz. in Rushemershe and Newemershe were overflowed by the said tides to the damage of the said Inhaâ—itants more tâ—aâ— six Marks yearly And that the said â—own for repairing of the Sea-bâ—nk containing two miles and an half in lâ—ngth and of the Bank of Pokedichâ— containing one mile in length was at the yearly chardge of xxxix and upwards And they said that in the before-sâ—â—cified year and afterwards sixscore aâ—res of land belonging to the inhabiâ—â—ntâ— of UUest Walton were overflowed by the Sea-tides to the yearly damâ—ge of xl â— by reason that the Sea-banks were with such fearfull tempests so broken as aforesaid and that the charge in repair of them came to more than Lx. per annum And that they did yearly repair for every acre of land lying in the said Town six foot and two inches of the said Sea-banks and likewise for every acre one foot of the said Bank called Pokediche the charge whereof amounted unto xl â— yearly and more And that they also spent xl. per annum in repairing of Gutters and Sewers for draining of their land And they said that fiftie three messuages and three hundred acres of land in that Town were drowned and utterly lost for ever by the inundation of the Sea And they lastly said that in the year aforesaid and afterwards ten messuages and an hundred acres of land beloâ—ging to several persons within the Hamlet of Enemeth were utterly destroyed and drowned by the same inundation of the Sea And that the Inhabitants of that Hamlet were at the yearly charge of xxxl. and more in repairing of the Bank called Pokediche for the safeguard of their Land Upon the return of which Inquisition wherein those their great losses and constant yearly charges were so evidently set forth the said Inhabitants of Wygenhale and the other Towns before-mentioned did again Petition the said King representing their hard usage from the Assessors of certain Fifteens and Tenths then lately granted to him in Parliament by the Commons of this Realm viz. that whereas in the eighth year of his reign the Town of Wigenhale was taxed at xxxvijl. Walpole at xxxv l. x. s. Tilney at xxx l. West Walton at xxiii l. Walsokne at xxvi l. viii s. Tirington at xl l. ix s. and Enemethe at xiii l. for the Fifteen then granted and that notwithstanding so much of their Lands had been drowned and utterly consumed as also that by reason of the frequent inundations since hapning they had little hope of the recovery thereof yet did not the said Assessors for the Fifteens and Tenth granted in the eleventh year and two more Fifteens and Tenths granted in the eighteenth and twentieth years of the said Kings reign cease to tax them as heavily as they had been levyed in the eighth year above-mentioned Lest therefore in regard of their disabilities to bear so great a burthen they should be compelled to leave the Country the said King taking the premisses into mature consideration and advising therein with his Council directed his Precept to the Treasurer and Barons of his Exchequer requiring them to accept of two parts of the several summs so imposed and to abate the third unto those particular Towns before-named The next year following the King being advertised that the Bank called Pokedyke which by the assent of the whole Commonalty in those parts had of antient time been raised and made for the defence and safeguard of the Town of Wygenhale and the parts abovesaid against the suddain inundations and violence aswell of the Sea as of the sresh waters usually annoying them was at that time so torn and broken that divers inestimable losses for default of its repair had hapned and that more were like to be in process of time unless some speedy remedy were had assigned Iohn Howard Robert de Causton Iohn de Berney Will. de Wychingham and Roger de Dersingham to take a view thereof and to enquire by the Oaths aswell of Knights as others by whose default the said breaches were so made and who they were that did commonly drive their Cattel upon the same Bank and by heavy distresses and amercements to constrain all such persons as well those who were guilty of the said breaches as those who had any benefit by the same bank together with others who were obliged to the repair thereof in case there were any such to take speedy course for the amendment of the same according to the proportion of what each man held In 26 E. 3. Sir Robert de Causton Knight Raphe de Rocheford Hugh de Walton and Raphe de Bygeney were constituted Commissioners for the view and repair of the Banks Ditches and Sewers in Walpole and Walton Several other Commissions were in the succeeding years issued out to the like purpose viz. in 27 E. 3. to the same Sir Robert Raphe Hugh and Hugh together with Thomas de Baa and Will. Durant for all those upon the Sea-coast in this Province In 28 E. 3. to Will. de Dunton Rob. de Hakebeche Iohn de Tylney Iohn de Wilton Will. Durant and Hugh de Walton for the same Sea-banks In 30 E. 3. to Iohn Bardolf of Wirmegeye Ric. de Wylughby Iohn de Berneye Adam de Shiryngham and Roger de Dersyngham for those in Suth Clenchewarton and Wigenhale In 32 E. 3. to Sir Saier de Rocheford Sir Rob. de Causton and Sir Iohn de Tilneye Knights and others for those in the parts of Mershland betwixt the waters of UUellestreme UUysebeche Welle and Wygenhale In 36 E. 3. to Rob. de Thorpe Richard de Walkefare Robert de Causton and others for those betwixt South Clenchwarton neer Lenne and Wigenhale So likewise in the same year to the said Rob. de Causton Hugh Lovet Gilbert Bernard and others for those betwixt Tyrington and West Walton About this time did the Inhabitants of UUigenhale Ilsyngtone Tilney Clenchwarton Watlyngtone Roungtone Holme Secchithe and West UUinche all in this Province of Mershland exhibit a dolefull Petition to the King shewing that whereas the said Country of Mershland had been much overflowed and surrounded by great and violent flouds of Salt water to the extraordinary damage of the said King and the whole Realm and whereas the River going to Lenne had used to run betwixt certain banks distant a sunder twelve Perches at which time all people had sufficient passage with their Boats to and fro the fresh waters free course to the Sea the Banks on one side of the said River were at that time so low by reason of the before-specified flouds that the said River was then a full mile in bredth And moreover that some of the Inhabitants of Lenne
lode and that in consideration thereof the said Land-holders should pay to the Inhabitants of Marshland Cl. And on the xxvi of the same month it was farther decreed that all the rinde Banks within this Country of Marshland towards the Sea should be of the height and scantling hereafter expressed viz. in Terington Walpole West Walton and Emneth in height eight foot above the ordinary Marshtides and in bredth on the top ten foot And that the residue of the rinde Banks in Islington Tilney West Lynne North-Lynne and Clenchwarton to be of such height and bredth as the Dyke-Reeves should think fit As also that Register Books of Parchment be made by the Dyke-reeves in every Town containing the number of Acres of their Lands with the quantity of their Banks Walls VVood-shores and other defences which every of the said Towns are charged to make either to the Sea or otherwise And that whereas the Towns of Terington Tilney and Clenchwarton had In-dikes for their defence against the Salt water in case any sudden breach of the Sea-bank should happen it was decreed that the said In-dikes should be carefully maintained and repaired by those Dyke-Reeves out of the Common Acre-shot assâ—ssed within every of the said Towns After this at another Session of Sewers held on the xvijth day of April in the year of our Lord 1610 8 Iac. it being considered that this Country of Marshland was subject to surrounding aswell by downfalls of Rain as by the overflowing of the Sea and fresh waters and was therefore kept drayned by Sewers descending to Knight's-Gole the common out-fall to the great River of Ouse And that the said Gole by the flowing and ebbing of the Sea was then so silted up with sand at divers times especially in Summer that it obstructed the waters in the said Sewers to the utter surrounding of all the Fens and low grounds in the said Country And moreover that the said Gole in former times had been kept and perfected as also the fleet from the same unto the before-specified River by a certain antient pair of Clows placed up higher in the Sewer thereby one appointed for the taking in of the tides and so holding up the water betweâ—n a pair of Clows untill the River of Ouse were run low and then forcibly let go for the scouring of Sand out of the said Gole and Fleet And that the setting open of the said Gole and putting down and pulling up the said Clows would be both dangerous and troublesome by reason of the greatnesse and weight of the said Clows made to that purpose It was ordained and decreed that there should in consideration thereof be yearly paid out of every hundred Acres of Land being several within the said Rinde of Marshland which were drayned by the said Gole and had usually paid thereunto the sum of ijd. ob by the owners or occupyers of the said Lands and so after that rate And of every hundred Acres of Land lying on the South side of Wisebeche and Elme Oldfield and Outwell which then were or should be drayned by the said Gole by the owners or occupyers thereof vd. and so after that Rate And whereas the Land-holders of Oldfield in Clme and certain Lands in Outwell on the East side of UUelle river from Emneth unto Beaupre Hall and so to Stoning stile and thence to the old Pow dyke had at divers times drayned their said Lands in Oldfiâ—ld into Marshland through the out-rinde Bank of Marshland called Broken dyke and so through Emneth into Marshland Fenn as also their Lands in Outwell to the great hurt of the said Country by suffering those waters to run into the said Fen without any perfect Sewer to carry them down in any Gole to the Sea and likewise without paying any Tax Acre-shot or other contribution towards any Drayn Sewer or Gole in Marshland for the same It was then also ordered that the said Lands should not thenceforth be drayned into Marshland Fenn but by and under such conditions here expressed viz. that the Land-holders of Oldfield and Outwell should before the xxiiijth of August then next ensuing give unto the Land-holders of Marshland Cl. viz. the Land-holders of Oldfield Lxxvl. and they of Outwell xxvl. towards the making of a certain lode between Marshland Fenn and Smethe called Shore lode in widenesse xij foot and in depth four or five foot and towards the making of three sufficient Stone-bridges for Carts to passe over the said Lode But it was neither the strength nor height of those their Banks so repaired as aforesaid which could secure them from that dreadfull inundation of the Sea hapning on the first of November in An. 1613. 11 Iac. the memorial whereof I shall here deliver from an Inscription upon the East wall of the South Isle in Wisebeche Church To the immortal praise of God almighty that saveth his people in all adversities be it kept in perpetual memory that on the Feast day of All Saints being the first of November in the year of our Lord 1613. late in the night the Sea broke in through the violence of a North-east wind meeting with a Spring tide and overflowed all Marshland with this Town of Wisebeche both on the North side and the South and almost the whole Hundred round about to the great danger of mens lives and the losse of some besides the exceeding great losse which these Counties sustained through the breach of Banks and spoil of Corn Cattel and Howsing which could not be estimated Which losses with other things of note relating to the said Banks and the particular Towns then surrounded as they were presented upon Oath by the Jurors for the hundred of Frethebridge before the Kings Commissioners sitting at Lynne upon the ixth day of December in the year before-specified I have here likewise thought fit to transcribe The Presentment of the Iury for the Hundred of Frebridge in Marshland made at Kings Lynne 9 Decemb. 11 Jac. An. 1613. 1 Inprimis we present and say c. that there is belonging to the Town of Terington a Sea-dyke containing xiC Rode in length or thereabouts which was in good repair before the first and second day of November last whereof CCCCxx Rode were ruinated by the rage of the Sea that then happened and also one Bridge called St. Iohns bridge was then broken up 2 That there were at that time lost by the rage of the Sea c. 1876 sheep amounting to the sum of Lviij l. and more In great Beasts lost 120 valued at 322 l. In Corn sowed in the Fields 480 acres valued at xxx s. the Acre amounting to 720 l. Hay lost in the fields and barns to the value of CC l. Corn in the barns lost to the value of DCC l. Grasse in the Fields lost to the value of D l. Dwelling houses utterly ruinated and wasted xiij And Cxlii. dwelling houses there impaired to the value of a M l. Bedding and other Houshold-stuff
the land between the Briggecroft and the Messuage late Peter Mountfords Also that the Eâ—brynke at the River of Wygenhale from Geyrys dam to Geylode drove ought to be raiâ—ed two foot above the high Water-Mark as it was in the xiiijth year of the reign of K. Edw. the second and to be ten foot in bredth at the top And the said Ee brynke to be made maintained at the charge of the landholders in Newlond Watlington And that all the Ee brynks in Watlyngton be made and repaired before the days assigned by the Dichgreves upon penalty of Bylaw which is for every perch xiid. And that all the Banks in the said Town for defence against the fresh waters be likewise made according to the days assigned by the Dichgreves upon the like penalty of By-law which is for every perch vid. And they said that all the Sewers and Gutters in the Cornfen and Newland ought to be made before the days so likewise assigned by the Dichgreves according to the Ordinance made before the Justices upon penalty of the Bylaw viz. for default of every perch iijd. Also that the Custome of Marshland is that they who ought to make or repair their Banks shall be warned to do the same by a certain day and that if they fail therein then that the Bylaw shall be levyed upon them And they moreover ordainedâ— that all such as had Stowes lying in their Sewers any year or after the Feast of All Saints should pay to the Dichgreves for every such transgression vid. And that all the Tenants and Commoners in Watlington should meet twice in the year and hold the Customes of Marshland And that there should be chosen from year to year certain Bayliffs which are called Dichegreves who may have power on the Kings behalf to distrain the offenders both within and without their houses by all their Goods and Catals found in the said Town And that whensoever those Dichgreves should find any Hoggs rooting upon the Ee bryuk it should be lawfull for them to impound them and to keep them so impounded till they shall receive three pence for every Hog And that when any man is reasonably required to repair and maintain his said Banks Ditches c. and shall neglect so to do so that his Goods and Catals are thereupon taken by the said Dichgreves or their Deputies the said Dichgreves shall receive for their pains in so distraining them id for each distress By another Inquisition n taken about that time before Sir Robert de Scales Sir Iohn de Fytton and others it appears that the Jurors presented upon Oath that the Inhabitants of Watlington and Runcton holme suffred great losses in the Common of Pasture belonging to those Towns for want of Gutters and Sewers there And they said that the Sewer which extendeth it self from Monyescroft in South old Ee Westwards to the Hirne croft and from the East end of Hirne croft into the Ditch which is betwixt the Field called the Sight from Geylode drove directly to the Eebrynke of Wigenhale ought to be amended made deeper so that the water running therin might pass without any impediment and to be in bredth eight foot for the whole length thereof And that a Gutter should be made through the midst of Heibrynke in bredth three foot and as much in height through the midst whereof the water may run in Wigenhale Ee. And they said that the same Gutter and Sewer at Geylode drove ought to be made maintained repaired and clensed as often as need should require at the charges of those which had Common of Pasture or that had Common betwixt Gerys dam and Flemyngs hithe each man according to the proportion of what he held and as they had benefit and preservation by the said Sewer And that the said Commoners should every year meet at the Old Ee on the morrow after Trinity Sunday and keep the Customes of Marshland And for the performance of the premisses there were chosen four Guardians by the said Jurors In 7 E. 3. Iohn Claver Robert de Welle Thomas de Birston and Simon Costyn were constituted Commissioners for the view and repair of the Banks Ditches Sewers c. in the Towns of Midleton Sechithe Rungetone Westwynche Watlyngtone Wirmegey Shuldham and Pentney in this part of Norfolk Upon a Presentment in 37 E. 3. there was a Precept directed to the Shireeve and Iohn Berney to enquire how the River of Smal Ee came to be obstructed and who ought to scour it as also what Towns had damage thereby By a pleading in 41 E. 3 Sir Hamond de Felton Knight then Lord of the Mannour of Dansey could not deny but that he ought to clense the several waters running from Gaywood to the Sea called Danseye hee which was then obstructed and that he ought likewise to make and repair a Bridge there then ruinous the Shireeve thereof had command to distrain him and his Tenants both to clense the said Chanel and repair that Bridge In 44 E. 3. the Mayor Aldermen and Constables of Lenne were commanded to view the Ditches compassing that Town which by reason of its situation upon an arm of the Sea were through the ebbing and flowing of the Tides filled up with mud and other filth to the great damage of that Town and to take course for the speedy remedy thereof In 4 H. 4. Iohn Hevenyngham Iohn White Raphe Ramsey Will. Snetesham Iohn Clere and Robert Marcham had Commission to view the Banks Ditches and Sewers c. betwixt the Town of great Iernemuth and the City of Norwich on the one part and the said Towns of great Iernemuth and Bekles on the other which were then in decay with special direction to perform all things therein according to the Law and Custome of this Realm and those parts of this County By an Indenture tripartite made in the Church of S. German at Wigenhale on the Feast day of S. Mark the Evangelist in 11 H. 4. it appeareth that the Abbot of Dereham Prior of Shuldham Prior of Pentney Robert Kervill and Iohn Elwin Tenants of the Lands lying on the East side of the River of UUigenhale aforesaid and the xij Jurors then in the Sembec there did for themselves and their successors with the consent and assent of all the Land-holders on the said East part of UUigenhale and of the Hamlet of Sadylbow â— grant unto the Prior and Covent of UUestacre and to the Prioresse and Covent of Blackvergh and their successors as also to Will. Campneys and Margerie his wife their heirs and assigns that they the said Prior Prioresse William and Margery of their own proper costs might make a certain VVater-course or Sewer sufficient for all the Lands and Tenements of the said Prior and Prioresse and their successors and of the said William and Margerie and their heirs and assigns lying in the Erles march viz. betwixt the Erles dich on the North part
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
be there before the said stop was so made and the water likewise coÌ„mon for fishing to all the Neighbourhood And they also said that the borderers on each part thereof were either Tenants to the Abbot of Ramsey the Earl Warren or of Iohn de Bardolf and other Lords And being farther asked whether the said Edmund or Elizabeth did in their times do any thing for the maintenance and keeping up of that Dam they said that after the before-specified Bishop had first made it it did not need any repair or amendment and that the said Robert Peverell Edmund or Elizabeth did not in their times meddle at all therewith And the Jurors for the County of Lincolne impanelled and sworn said upon their Oaths that the Chanel called South Edyke beginning at Crouland and extending it self to Tyd in that County through which the fresh waters descending from the Fens and Up-Countries used to pass unto the Sea by raising the crest thereof no more than two foot was then scarce sufficient to carry away those waters by reason of the before-mentioned obstruction though the Bank was in height no less than xv foot on each side And that before this obstruction was so made whensoever there was any occasion for the repair of the said Bank or raising it higher the agistment of every Acre of Land in those parts at an half-peny was sufficient for the same but that then through the overflowing of those waters every Acre was agisted at iiiid. and that by reason of the said obstruction no less than xl thousand Acres of Moor and Marish ground in Holand fen were overflowed and drowned And they farther said that the Abby of Crouland was founded by the Progenitors of the King 's of England and that two thousand Acres of Land Meadow Moor and Fen belonging thereto were by means of this obstruction overflowed and drowned so that the possessions of that Monastery would not suffice to maintain the House except the number of Monks were lessened and that by means thereof the King in the times of Vacancie of the said Abby did lose the benefit which might accrue to him thereby And they said moreover that by reason of this obstruction the Lands Meadows Moores Marshes and Pastures of Deping fen Burgh fen and Spalding fen which contained seaven thousand Acres as also the Moor and Marshes to the Moores of Kestevene were so overflowed and drowned that the Lords and Commoners of all the Towns adjacent on every part had by reason of that obstruction lost the profits belonging to them And they farther said that the Common passage for Ships and Boats from Crouland to the Haven of Lenne with Corn and other Commodities had wont to be by the said Town of Outwell where the before-specified obstruction was and that then they were constrained by reason of that stop to go about by Old Wellenhee and Litle port which is fifty miles farther than the other way to the damage of the King and his liege people of those parts a thousand Marks yearly And the Jurors for Cambridgshire impanelled and sworn did say upon their Oaths that the River of Ouse descending from Huntendon being the bounds betwixt Cambridge and Huntendon shires and the River of Nene descending from Peterborough and other parts above did meet at Benwick in Cambridgshire and had used to run directly from thence to the said Port of Lenne by the before-specified Town of Outwell untill xxxi years then last past that the said Bishop made that stop as aforesaid by reason whereof the Lands Meadows Fens Turbaries and a great proportion of arable belonging to all the Towns betwixt Fen Drayton and Benwick before-mentioned unto the said Town of Utwell in Cambridgshire and which were adjacent thereto and for the length and bredth of about xxx miles were commonly overflowed and drowned every year so that neither the owners of the said Lands c. nor the Commoners had any yearly profit by them to the damage of the said King and the Inhabitants of those parts and such as would pass that way CCl. and upwards every year And they said moreover that for the reasons abovesaid there was not that passage for Vessells with Corn and Merchandize towards the before-mentioned Port as had used to be neither in going nor returning except by Old Wellen hee and Lytle port which is xxxvi miles about And the said Jurors being asked how much the said Mannour of Coldham was then more worth annually than it had been before that stop was so made they answered xll. by the year And the Jurors for Huntendonshire empanelled and sworn for the same purpose said upon their Oaths that whereas men would pass from the Towns of Iakele Holme Glatton and Ramsey by the River of Nene directly towards the Haven of Lenne aforesaid with navigable Vessels laden with Corn and other vendible commodities by the said Town of Outwell they were then hindred by the said Dam that they were constrained to go about more than fifty miles And they farther said that all the Meadows Lands Pastures Fens and Turbaries from the Town of S. Neots in Huntendonshire lying adjacent or neer to the River Ouse in length xxx miles and in bredth x. miles more or less unto the Town of Benwike where the Rivers of Ouse and Nene have their confluence and likewise the Lands Meadows Pastures and Fens of all the Towns betwixt Aylington in that County unto a place called Musâ—cote in the Fen which is xvi miles in floud times were overflowed and drowned by reason that they could not pass away as they had used to do so that the Lords of those Fens and their Tenants as also the Commoners in them did totally lose the benefit which belonged to them thereby to the damage of the said King and Inhabitants of those parts six hundred Marks by the year And they said moreover that the said King was Lord of the Mannour of Glatton whereunto the Hamlet of Holme belonged to which Market men from the parts of Lenne and elswhere in Norfolk and Suffolk could not pass with their Victuals and Merchandize by Ships and Boats nor return by reason of the said obstruction insomuch as that Mannour of the Kings whereunto the said Market belonged was less worth by ten pounds per annum than formerly And the Jurors for the County of Northampton empanelled likewise and sworn said upon their Oaths that the River of Neene had wont to pass directly from Peterborough to the Port of Bishop's Lenne whereby the men of that County usually carried Merchandize Corn and all manner of Victual with Ships and Boats by Outwell in Norfolke untill within xxxi years then past that the said Walter Langtone late Bishop of Cov. and Lich. obstructed the course of the before-specified water insomuch as all persons who had a desire to go from Peterborough unto that Haven were constrained to go by Old Wellenhee and Litil port which in going and coming is a farther Journey by fifty miles And
before the Feast of S. Iames the Apostle the Jurors presented that the Tenants of the xl acres of land in Bachecroft in Wisebeche time out of mind ought and had used to maintain a certain Bank in Wisebeche called UUisebeche fen dike viz. for every acre 5 foot and had not done so And that the Prior of Spinney and his Predecessors had for the like time for xl acres of land which they had in UUisebeche repaired a part of the said Bank according to the same proportion So likewise that Nich. Howard had done for xii acres of land which he had there Likewise that the Abbot of Thorney and his Predecessors in regard of their lands in Thorney had for the like time clensed and ought to clense and scour a certain Sewer from Muscote in Thorney unto Thorney barr in the same Town and thence to Knarre and thence to Wryde both in the same Town and thence to Setting lake in UUisebeche and thence to Mariskote in Thorney and thence to South Ee dike in Wisebeche which is the division betwixt Cambridgshire and Lincolnshire and that it was not clensed Also that the whole Hundred of Wisebeche had used time out of mind and ought to clense the before-specified Sewer from South Ee dike in the said place unto Trokenholt in Leverington And that the Abbot of Thorney for his lands in Trokenholt crofts in Leverington had used in like sort and ought to scour the Sewer of Trokenholt aforesaid unto Clows crosse in Leverington neer to the Bank of Sutton on the North part and then that the whole Hundred of Wisebeche ought to clense the same from Clows crosse to Guyhyrne but had not done it Moreover that the Tenants of the lands called Pavys in March had used and ought to clense a certain Sewer from Wardyscote in Dodington unto Wisemouth in Wisebeche so that the water might have it's passage to the great River of Wisebeche and that it was not clensed Also that Will. Vernoun for his Mannour of Coldham and his partners for the whole time aforesaid ought had used to repair a certain Bridg in Elme in the Drove called Crome dike and another Bridg in Elme which then were broken And that the said Will. for his Mannour of Coldham together with his partners ought and had wont for the whole time aforesaid to maintain a Bridge in Wisebeche below the Parsonage which was then broken as also one Clow at Bolsterbrigge in Elme with two Keys whereof the one to be in the Custody of the Guardian of the Fen on the South part of the River of Wisebeche and the other in the custody of the Lord of Coldham but that then there was no Clow at all there And likewise that he the said VVilliam in respect of his said Mannour of Coldham and his partners for the whole time aforesaid ought and had used to make a Crest in Meesdrove in Wysebeche higher than it was at that time by three foot and in bredth eight foot for the which he ought to have the aid of a certain Field called Bolnehyrst field as also a Bridg in Elme in a ceriain Drove called Cromedike And they likewise presented that the said Town of Elme had not clensed a certain Sewer called the River which leadeth from Elme to Wisebeche and ought to be ten foot in bredth and of a fitting depth so that the fresh water might run in the Chanel unto Wisebeche and thence to the Sea Also that Marysdam in Elme ought to be cut so as the fresh water might passe away by the old River of Elme to the Sea according to antient Custome Also that the Bishop of Ely and Will. Venour for his said Mannour of Coldham and his partners did use and ought for the whole time aforesaid to repair one Bridge lying at the Falgote in Leverington but had not then repaired it And that there ought to be one Dam at Bolstrebrigg in Elme made by the said William for his said Mannour of Coldham as long as a Clow should be made there Likewise that the Bishop of Ely the Abbot of Croyland William Venour in respect of his Mannour of Coldham William Branch and all other persons having several Fishing used and ought to clense the River of Elme called Elme Ee from the Floudgates unto Marysdam in Elme and thence to Hedmere in ....... and thence to Lethermere in ........ and thence to Creke hirne in .... and thence to March Eee because they claimed Fishing in all those places And that Iohn Mannyng of Wisebeche did cut one Crest of Coldham Bank to the general nusance And that the Landholders of Nymenesdole in Wisebeche had used and ought to repair one Crest in Wisebeche beginning at the Tenement of Alice Cave and leading to the house of Iohn Algood in the same Town And that three Pipes newly made in a certain field called Smalmedows in Wisebeche the first by the Bishop and his Participants the second by the Lord of Coldham and his and the third by the Tenants on the South side of Wisebeche being made too large by xij foot should be amended And that the Tenants of Heighmathes in Wisebeche ought and had used to repâ—ir one Crest in Nettâ—ldykelane in Wisebeche four foot in height and as much in bredth Moreover that Will. Prior of Ely Sir Thomas Tudenham Knight and his Tenants ought and had used to repair one Crest beginning at the Fen dike in Wisebeche and leading to Bellymyll brigge in the same Town thence to Corner's Messuage on the South side of the Sewer in height three foot and in bredth four and that all the landholders in the fields called Sayrefield Nymandole Flakemore field and Heymathes ought to repair the said Crest every man according to his proportion And that the Parson of the Church of Wisebeche ought and had used to repair a Sewer in Wisebeche beginning at the house of Reginald Rogers in Wisebeche and leading into the same Town And that the Town of Wisebeche ought and had used to make a Clow in the Sewer of Wisebeche at a certain Bridge in Neuton neer Fytton gole for stopping of the water when need required And they likewise presented that Iohn Everard Esquire had straightned the common River of Wiâ—ebeche with Nets and other Engins therein placed to the general nusance c. As also that Will. Caus Esquire and Iohn Greene had done the like And that the Abbot of Dereham had one Kedel in the Common Sewer of Wisebeche called Plant's were to the common nusance c. as also another Kedel in the same Sewer Likewise that the Town of Wisâ—beche ought and had used to repair a Bridge in Neuton called Mutcroft bridg which was then ruinous And that the Bishop of Ely and his Participants ought and had used to repair a certain Bank called Blak-dike in ......... unto the Pipe called Watersey Pipe which was then in decay And that the same Bishop ought to make one Crest in Hillary drove beginning
charge of each man according to the proportion of his lands And they moreover decreed that all the Sewers belonging to every hamlet of Wisebeche from the Fen-banks to the Sea-bank should be well scoured and clensed at certain times in the year by those who antiently used to scour them so that the water might have its course to the Sea without any impediment and that all the Bridges Clows Pipes and Gutters within every of those Towns be repaired and clensed well and sufficiently in all places needfull by those unto whom they belonged as aforesaid so that no loss might accrew to any person whatsoever for default of such repair And that all Banks called Wardyches betwixt every Town of the said Hundred should be raised higher repaired and maintained well and sufficiently by those unto whom they appertain as aforesaid viz. in bredth xvi foot and of a fitting height to stop the water of each Town from other so that no damage might accrue to any of them for want thereof upon penalty oâ— xls. to be paid to the Bishop of Ely for the time being And likewise that all the Crests aswell betwixt every Field as bordering on all the Sewers of each Town within the said Hundred should be raised higher repaired and maintained well and sufficiently in height bredth and thickness by those also to whom they belonged upon the like penalty of xls. to be paid to the Bishop of Ely for the time being And that no man thenceforth should presume to cut or cause to be cut any Wardiche or Crest within any of the Towns of the said Hundred under the like penalty of xls. to be paid to the said Bishop of Ely as often as there should be an offence of that kind committed And that the river of Wisebeche should be scoured and enlarged in all places defective from Gye hirne to the Sea as often as need required by all the Landholders within the said HuÌ„dred of Wisebeche each man according to the proportion of his holding And the said Jurors also presented that the Bank called Grenedyke of Welle which beginneth at the Stone Cross in Welle and extendeth to Sewalesclote in Welle should be raised and repaired higher than it was at that time by two foot and in bredth xij by the Landholders in Budbeche each man according to his proportion And that the Abbot of Bury ought to repair one Bank in Welle leading from Sewalesclote in Welle to Lakebrigge and make it higher than it was at that time by two foot and in bredth at the top eight foot And that the Landholders in Sayerfâ—ld in Welle ought to repair a certain Bank in Welle called Thornedyche from Lowndesâ—rove to the Stone Cross in that Town and to make it higher by two foot than it was at that time and in bredth eight foot And that a certain drove in Welle called Mâ—â—sdrove leading from Grenedyke unto Pyldrove be made higher by three foot than at that time it was and in bredth xij foot by the Landholders in Budbeche within the said Drove And the said Jurors also presented that there then was and had antiently been a certain Crest in Uppewelle called Pysdrove leading from Grenedike in Uppewelle unto the great River of Welle aforesaid which Crest ought and had antiently been made and repaired by the Landholders in the said Town of Uppewelle And they said that it was necessary for the safeguard of the parts adjacent that the said Crest should be made perfect and higher than it was at that time in the lowest places by three foot and to be eight foot in bredth at the top And that all persons having Landâ— or Tenements in the Field called Rudbeche in Outwelle and Uppewelle ought to repair a certain Gutter neer unto the messuage of Simon King in Outwelle aforesaid whereby the water of Rudbeche might run into the great River of Outwelle And they also said that for the safeguard of the Lands within the said Field of Rudbeche â—hat the same Gutter ought to be new made with Stone by those persons who had Lands or Tenements in the said Field of Rudbeche Whereupon the before-specified Commissioners did decree and ordain that the said Bank called Grenedyke as also that leading from Sewalesclote to Lakebrigge and the Bank called Thornedyche with the Droves called Meysdrove and Pyisdrove should be raised and repaired in manner and form above-specified by the said parties each man according to the proportion of his tenure as often as need should require and likewise that the said Gutter lying neer the messuage of Simon King should be new made of stone by the parties abovesaid And they moreover presented that the Bank called Elmfendiche beginning at Kekysmylle and leading to Benstedehyrne hence to Tilnâ—y hirnâ— and thence to Mareysdam in Elme ought to be raised three foot higher and to be sâ—x foot in bredth at the top according to an antient agistment And that the Bank called Redmoredyke in Elme beginning at Coldham Câ—ouse and leading to Fryday brigge in the same Town ought to be well and sufficiently repaired by all the Landholders in Redmoresfield and Walyschâ—feld by new agistments to be thereof made and to be made higher by four foot than it was at that time and eight foot in bredth at the top As also that the Bank which beginneth at Fryday-brigge aforesaid on the Westside of the River and reacheth to Maryesdam ought to be made three foot in height more than it was and to contain eight foot in bredth at the top And they also presented that the Bank called the Gebrynke in Elme on the East side of the River there beginning at S. Gilâ—s Drove and extending to Fryday brigge and from thence to Mareysdam ought to be repaired and raised higher than it was at that present by three foot and to be twelve foot in bredth at the top and this to be done by the Landholders in Oldfield and Needham according to an antient agistment And that the Bank called Nedham dyche in Elme beginning at Thornedyche in Welle and extending to Coldham Kyrfe in Elme ought to be repaired and raised higher in all the low places thereofâ— so that it might be equal to the Bank of Iohn Blewyk which is upon the same Dyche And they likewise presented that all persons having Lands abutting upon a certain Sewer in Elme which leadeth from the hades of the Lands in Nedham from Fryday brigge to Knytesdyke in the same Town and thence to S. Christophers Chapel in Outewelle and thence to the Clow at the Stone Cross in Outewelle ought and had used to repair and scour the said Sewer at the hades of their Lands so that the water of Nedeham might have its course to Wellescholle And that all men having Lands betwixt Fryday brigge in Elme and Grenedyke in Welle and betwixt Bishopisdyke and Nedehamdyke in Elme ought to make and repair one Clow as sufficiently as it could be done to stop the water of Outewelle in the Winter
one half and the Abbot of Thorney the other And they said that the other part of Nene which passeth from Peterborough bridge aforesaid unto Wodeshed in Wytlesey thence to Wittleseybrigge thence by Wittlesey to Wardiscote in Wittlesey and thence into the great River of Wisebeche ought to be scoured from the said Wodeshed to Wardysgote aforesaid by the Town of UUittlesey and the Landholders late Pavy's in March and that it was not then clensed And they said that the Town of UUittlesey ought to clense one Sewer beginning at Goose UUillow drove in UUitlesey unto the North part of Adernale in the same Town and thence to Brodreche in UUisebeche called Upstanlake and that it was not clensed And that the Bishop of Ely ought to clense the said Upstavinlake unto the great River of UUisebeche which was not then done In 9 E. 4. W. Bishop of Ely George Duke of Clarence Richard Earl of UUarwick and Salisbury Iohn Earl of Northumberland Iohn Earl of Oxford Humfrey Bourchier Lord Cromwell Iohn Catesby Will. Ienny Thomas Grey Roger Tounsende Henry Spilman Thomas Daniel and others were constituted Commissioners for to view the Banks Ditches Sewers c. of Marshland Upwelle and Outwelle and of other Towns and Fens by the water which goeth from Erith brigge directly to Benwyke thence to Paddok mere thence to Farset brigge thence to Standground and so to Muscote and from Muscote to Thorney mille and Godelakcrosse by Noman's land and thence to Dowysdale and so to Clowecrosse thence to Wylowedyke thence to Edgreynes thence to Tydegote and thence to the Sea And to make Statutes and Ordinances for the repair of them according to the Laws and constitutions of this Realm and the Statutes of Romeney marsh As also to imprest such and so many Diggers and other Labourers to be imployed in those Works as they should deem necessary for the expedition thereof The like Commission w had they for the view and repair of those in the Marshes betwixt the water running from Erith brigge aforesaid by Ely to Salterslode and Wigenall to Bishops Lenne and the water passing from the same Bridge at Erith by Benwick Gretecrosse and Wyssebeche to the Sea About this time I suppose it to be for it is without date that the Landholders of Pokediche field in Welle exhibited a Petition to the Lords and Commoners of Marshland shewing that the said Field was agisted for its number of acres in as high a measure towards the repair of the Bank called Pokediche for the safeguard of that Country as any part thereof which lay within the precinct of that Bank and that the water of Pokediche did so overflow the same field that they could not dig earth upon occasion for repair of the before-specified Bank and therefore desired that they might drayn the same by a Sewer through the said Bank into Marshland in such a place where it would be of least damage thereto Whereupon they were allowed to have a certain Clow neer Thwart medows for that purpose In 20 H. 8. at a Session of Sewers held at Stuntney in the Isle of Ely by Sir Thomas Knight Tho. Dereham Iohn Fincham and others there was a Presentment then made by the Jurors of all the Sewers at that time in being within this part of the Countrey instancing to whom the repair of each belonged the tenor whereof I shall here insert The Bishop of Ely ought to scour Crekelode extending from the great stream towards Sotherey unto the Willough by the space of two furlongs And from the said Willough to Pulverlake the Cellerar of Bury hath an half part against all others for the space of a mile and more From the said Willough also to Pulverlake the Prior of Modney hath a share So likewise the Prior of Norwich for the Church of Fordham and the Parson of Helgay for the Church of Helgay And the Landholders late Massingham's and Bekeswell's ought to clense the same against the Cellerar of Bury from the said Willough to Pulverlake Which Cellerar of Bury hath also an half part in the middle of this lode against all others for two miles The Abbot of Ramsey ought to scour the Sewer called Balkwere abutting upon Gnat lode for one quarter of a mile And the Prior of Norwich the Rector of Helgay with the Tenants of the lands late Massingham's and Bekeswell's ought to repair the same unto the four Lodes end In Crekelode also Thomas Boteler of Helgay ought to scour a place called Hogges middle for the length of one furlong And the Duke of Gloucester one part in Gretwere a part of the said Crekelode for the length of a mile against all others And another part there for half a mile the Prior of Castelacre Abbot of Wendling and the Tenants of those lands late Bekeswell's Sheting middil in Crekelode ought to be clensed by the said Cellerar of Bury for the space of one mile and more Chutting in Crekelode by the Duke of Glouc. for half a furlong and more Strem middil by the Cellerar of Bury for one mile In Ung medil the Prior of Modney holdeth one part by the space of two furlongs against the Prior of Chetford Iohn Ashfield and the Abbor of Ramsey for the lands late Nich. Gunnes The same Iohn Ashfield holdeth one part in Lodwere in Creklode aforesaid for two furlongs In Bullinger the Prior of Modney holdeth half a part for two furlongs and more against the Abbot of Ramsey The said Prior of Modney and the Tenants of the Lands late Massingham's ought to clense all Gredy middil for one mile The Prior of Chetford ought to scour Iellis middil for the space of one mile The Town of Lyttilport the Widow of Nich. Orme and the Earl of Worcester ought to clense Newdike unto Welney court for one mile Criklode in March beginneth at the Great Ee betwixt March and Welle and goeth on directly to Elme containing by estimation six miles and ought to be scoured by the Bishop of Ely and Abbot of Bury equally Gnat lode beginneth at Hawkyns bytte and continueth to four lodes end containing by estimation three miles and ought to be scoured by the Towns of Elme and Littilport Small lode betwixt Welle and Outwelle ought to be clensed by the Abbot of Dereham from the great River in Welle to Ingram's hirne by the space of three quarters of a mile Another part in the said Smal lode from Ingram's hirne to Seman's gole containing one mile the Abbot of Ramsey and Iohn Aylesham ought jointly to clense Maidlode beginneth at Welneywater and continueth to Sheppe lode and thence to Sheppeslodes end which ought to be clensed by Richard Cranford and Clarice late Wife of Iohn Cranforth by the space of one furlong and by the Town of Upwell for the Lands of Mr. Will. Dunthorne by the space of one mile and for another mile and more by the Town of Welle Shiplode ought to be clensed by Iohn Sambroke for half a mile by
Thomas Beaupre for as much by Iohn Fincham also for half a mile by the Abbot of Ramsey for the like proportion by the Prior of Walsyngham for three miles and by the Prior of Lynne for three furlongs unto the end thereof Wide lode ought to be clensed by the Town of Welle for half a mile by the Prior of Thetford and the Heirs of Bekeswell for xxv furlongs and by the Prior of Lewes for one mile Old Smal lode beginneth from Wide lode and ought for the space of half a mile to be repaired by the Bishop of Ely and by the Abbot of Dereham and Iohn Aylesham by the space of half a furlong Webwinch lake ought to be clensed by the Abbot of Ramsey for the space of two miles The Town of Welle ought to scour from the Sholle of Outwell for the space of half a mile thence the Prior of Lynne unto Mullicourt for one furlong and thence the Prior of Lewes for one mile and more The Bishop of Ely and Iohn Ailesham ought to scour the water-course from North delf unto Salter's lode for the space of half a mile and the Bishop of Ely alone for two miles and more The Lord Scrope ought to clense the Chanell from Darsey lode to Manytownsend for the space of one mile Cock's lode beginneth at Hunney Corner and continued to Manyfeld's end and ought to be clensed by the Abbot of Ramsey and from Mannyfeld's end to Harry Mace's Cote by the Lord Scrope unto Maney lode The River of Nene hath its rise above Northampton and cometh to Peterborough bridg and thence to a certain place called Noman's land and there entreth into South Ee which is distant from Peterborough xiiij miles by estimation Which River ought to be scoured and clensed by the Abbots of Peterborough and Thorney but was not And from Noman's land to Dowesdale by the Abbots of Crouland and Thorney for the space of four miles And from thence to Clows Crosse on the South side by the Abbot of Thorney and on the North by the Abbot of Crouland with the Towns of Holbeche Fleet and Sutton for six miles The River of Wailand beginneth above the Town of Stamford and runneth unto the Triangular bridge at Crouland and thence one part thereof passeth unto Spalding Ee and the other to Nomans land some say that it did antiently râ—n into a certain Fen belonging to the Abbot of Crouland called the Pricmote alias Possons in Lincolnshire and so to the Sea but now that current being stopt it runneth by the South Ee unto Clows Crosse and so to Guy hirne Furthermore betwixt Shepelode and Salterslode there is a Sewer called Thefe lake which ought to be repaired by Thomas Gawsell unto the great River at Salterslode it lying on the West side of Salters lode about half a mile distant Also there is another Common Sewer called Stremelake lying betwixt Shiplode aforesaid and Salters lode which ought to be clensed The Fen betwixt Crekelode Welle and Salterslode ought to be repaired by the Town of Denver for the space of six furlongs and more There is also a Common Sewer called antiently Denver hithe now stopt by the Lord Berkley and the Town of Denver which containeth one furlong and more After this viz. in 2 Edw. 6. at a Session of Sewers held at Upwell upon the Monday next after the Feast of the Nativity of S. Iohn Baptist by Geffrey Colvile Edmund Reaupre Thomas Dereham Richâ—rd Everard and Iohn Willoughby Esquires Iames Hawes and Iohn Schuldham Gentlemen the Jurors presented upon their Oathes that by the great abundance of fresh waters yearly descending from the Counties of Norff. Suff. Cambr. Bedf. Hunt North. Rutl. and Linc. by and through two great Rivers viz. Ouse extending from Cambridge unto Ely thence to Lytilport Chaire thence to Sotherey thence to Helgay thence to Fordham thence to Denver thence to a place in Dounham called Salters lode thence to Wymbotesham thence to Stow-Bardolf and thence unto the North Seas at King's Lynne in the said County of Norff. And the other great River called the great Ee extending from Peterburgh in the said County of Northampton unto Ramsey thence to a certain Sewer or decayed River in March in the said County of Cambridge called great Crosse thence to a certain decayed River or Sewer called Creke lode in March aforesaid thence into another decayed River or Sewer called the New Leame in March aforesaid thence unto a certain place in Upwell aforesaid called Shewysnest poynt and there the said River dividing it self into two Branches whereof the one returneth South Eastward and is called the South branch unto a certain old decayed Sewer in Welney a Hamlet of Upwell aforesaid called Mayd lode thence unto another old decayed Sewer between Welney aforesaid and Lytilport in the I le of Ely called New dike and Creek lode in Sotherey aforesaid thence unto Lytilport Chaire aforesaid and so to the aforesaid great River of Ouse and so to the North Seas at K. Lynne And the other Branch descending North East ward called the North branch from the said place called Shrewysnest point unto a certain place in Outwell aforesaid called Outwell Sholle thence Southward unto a certain place in Dounham aforesaid called Northdelf thence Eastwards unto Salters lode into the said River of Ouse there is yearly drowned within the Towns of Upwell and Outwell aforesaid eight thousand acres of Marish and Pasture grounds over and besides the great damage unto four several Infields of the same Parishes called Plawfield Kirkfield Budbech and Sandyfield to the number of 1600 acres and to the Houses of the Inhabitants of the same Parishes to the number of 300 Housholds were not the same fields and houses defended by great Banks Dikes and Crests made for their safeguard to the great impoverishing of the said Inhabitants specially by the said waters descending by the said great Ee from Peterborough unto Ramsey thence to March so to Upwell and Outwell and thence to the North Seas at K. Lynne forasmuch as the most part of the water of the said great Ee sometimes was conveyed unto the North Seas at Wisebeche by the said decayed Rivers in March aforesaid called Great Crosse Crekelode and the New Leame whereof the farthest River called great Crosse passeth not in distance from the said great Ee in March aforesaid to the said Town of Wisebeche ten miles And the said lode called Crek lode in March aforesaid is not in distance in length from the said great Ee unto the said Town of Wisbeche but six miles and a half And the said New Leame but 5 miles and a half from the said great Ee unto Wisebeche And now the water being forced to take in manner his full and whole course contrary wise from his natural and most ready fall at Wisebeche aforesaid in form aforesaid is constrained unto the said Chapel in Upwell aforesaid called Shrewysnest poynt by reason of the decay of the said
sewers where it divideth into two branches as before is mentioned And the one branch going South Eastward in form aforesaid extendeth in distance and length from the said great Crosse unto Shrewysnest point and so by the said South branch unto the said North Seas at K. Lynne aforesaid Liiij miles And the same River descending from the said great Crosse unto Shrewysnest point aforesaid and from thence by the North branch unto Outwell Sholle and so to the said North Seas is in distance xxxiij miles And from the said Sewer called Creeklode in March aforesaid unto the said North Seas at K. Lynne aforesaid by the said South branch is xlviij miles and by the said North branch xxviij miles And from the said Sewer called the Leame in March aforesaid unto the North Seas at K. Lynne aforesaid by the said South branch is xlvii miles and by the North branch aforesaid xxvii miles The decay of which said several Sewers with the Rivers Lodes and Drayns from them extending unto the said Town of Wisebeche they say be the chief and special occasions of the drowning aswell of the said Marish and Pasture in Upwell and Outwell as of the whole Countrey of Marshland and Wigenall adjoyning and in continuance of time as they think in their consciences will utterly drown the said Parishes and the said Country of Marshland unlesse the same decayed Sewers be scoured according to the antient Ordinances so as a great part of the said fresh waters of the same great Ee in March aforesaid may be conveyed unto the said North Seas by the Town of Wisebeche in manner and form aforetime used And they said that there is another great occasion of the drowning of the said Marish grounds by reason of the decay of the said old Sewer in Upwell aforesaid called Maide lode and a part thereof called Ship lode the which Lode beginneth at Welney water otherwise called the South branch coming from Shrewysnest poynt aforesaid and extendeth from thence unto a certain fen of the said Edmund Beaupre called Weeke fen and from thence into a certain place in Helgay called Shiplode Helgay house and there into the said great River of Ouse The which Sewer they say hath been most specially decayed by reason that there hath not been kept a good Sluce of stonework or timber with sufficient falling and hanging dores to the same to stop out the Floudsilty waters And also by reason that the same Sewer falleth not lower towards the said North Seas viz. at and against a certain place in Denver called Denver hithe at the which place they think it most meet for to set and build the said Sluce And they said that for the preservation of the said Sluce there ought to be a substantial Clouse of stone work and Timber with two sufficient drawdores to the same to be set within half a furlong of the said Sluce to stop the fresh waters aswell in the time of repairing the same Sluce as to keep and preserve a sufficient portion of waters within the said Drayn in the time of extreme drought Furthermore they said that forasmuch as there hath not been a substantial Bridge over the said Sewer called Maid lode of the length of xx foot next unto Welney water so as the same water at the entry thereof might have full passage hath been in like manner a great decay of the said Sewer And they said that the heirs of Richard Cranford ought to scour the said Mayd lode next from the said Welney water called the South branch by the space of one furlong at the widenesse of xx foot and of sufficient depth And next unto that the Inhabitants of Upwell and Welney ought to dike the same by the space of one mile for certain lands which they hold in common call'd Dunthorn's fens otherwise called our Lady fenns and one other mile for their Common called Blakmereshall And then the Landholders belonging to the Prior of Fakenham to scoure the said Lode called Shiplode by the space of half a mile And then the said Edmund Beaupre for lands belonging to Beaupre Hall in Outwell aforesaid half a mile And for his Mannour of Upwell late â—â—longing to the dissolved house of Ramsey half a mile And then Richard Fyncham Gent. for certain Fen grounds and Marish half a mile And the Landholders late belonging to the Monastery of Walsingham three quarters of a mile Then the Dean of Norwich for lands belonging to the late Celle of Monks in K. Lynne three furlongs and from thence to the said place against Denver hithe where the said Sluce shall be set the Townships of Denver Helgay and Fordham shall dyke c. the rest of said lode for four furlongs in consideration that they be not charged in any part of the said Sewer called Mayd lode and Shiplode and yet the same Townships shall drayn by the same Sewer by estimation a thousand acres of Common Fens and more And forasmuch as great Commodity shall grow aswell to the Inhabitants of Denver Helgay and Fordham as to the Inhabitants of the whole Countrey of Mershland and Wygenhall by reason that the same Sewer as well shall drayn the Fenns of Denver Helgay and Fordham as also shall receive the great abundance of fresh waters the which before this time have descended against a certain Bank in Outwell and Dounham aforesaid called the New Powdich being the only defence and safeguard of the same Country of Marshland and Wigenhall the which for lack of this provision at this present by them agreed have been divers times of late years drowned that in consideration thereof aswell the Inhabitants of Marshland and Wigenhall as of the said 4. Infields in Upwell and Outwell called Plawfield Kirkfield Budbeche field and Landy field shall bear and sustain the Costs in and about the sufficient making of the said Sluce and Clowes And that after the same Sluce and Clowes be well and sufficiently made that then the same shall be repaired at the Costs of the said Inhabitants and Landholders of Denver Fordham and Helgay aforesaid except when the yearly chardges in amending the same shall come to above the summe of xxvis. viijd. Also they said that there is another great destruction aswell to the said Fenns as to a great part of the low grounds within the I le of Ely by reason of the decay of the said drayn called in part New dike in Littilport aforesaid and in part thereof called Crikelode in Sothery aforesaid betwixt Sothery poole and Modney and there entreth into the said great River of Ouse And they said that the Bishop of Ely ought to scour the said Creeklode from the said great River of Ouse unto a certain place called the Willow by the space of two furlongs and then the Landholders of the Lands of late belonging to the Cellerer of Bury ought to dyke from the said Willough unto Pulver lake The Dean of Norwich for his Church of Fordham the Parson of Helgay for his
Church of Helgay the Landholders late Massingham's and the Landholders late Bexwell's ought to dyke the said Sewer against the late Landholders of the Cellerer of Bury from the said Willow unto Pulverlake And they said that the Landholders of the late Cellerer of Bury ought to dike the one half of the said Sewer in a certain place called the Middyl in Creeklode against all men by the space of two miles The said Landholders of the Lands belonging to Ramsey ought to dyke a certain place called Balkwere abutting upon Gnatlode by the space of a quarter of a mile The Dean of Norwich the Parson of Helgay the Landholders of Massingham's and the Landholders late Bexwell's ought to dyke the said Sewer unto four lodes end The Heirs of Tho. Butler of Helgay ought to dyke a certain place in the said Sewer called Hogges myddle by the space of one furlong The King for Lands somtimes the Duke of Gloucester's ought to dike at a certain place called the great Were against all men by the space of a mile The Landholders of the late Monasteries of Castleacre and Wendlyng and the Landholders late Bexwell's ought to dyke the other part of the said Sewers against the King for the space of a mile Then the Landholders late belonging to the said Celerer of Bury ought to make a Shetting middyl in the said Sewer by the space of a mile and more The King for Lands somtime the Duke of Gloucester's ought to dyke a certain place called Chattyngs in the said Sewer by the space of half a furlong and more And the Landholders late belonging to the said Celerer of Bury ought to dyke a certain place in the said Sewer called Stream middyl by the space of a mile and then the Landholders of the late Priory of Modney ought to dyke the one half of Unge medyl in the said Sewer by the space of two furlongs against the Landholders of the late Monastery of Thetford The Heirs of Iohn Ashfeild the Landholders of the late Monastery of Ramsey somtime Nicholas Gunne's ought to dyke the said Sewer against the said Landholders of the late Priory of Modney And the Landholders late Iohn Ashfeild's ought to dyke at a certain place in the said Sewer called Lod were by the space of two furlongs The Landholders of the late Monastery of Thetford and the Landholders late Iohn Champayne ought to make the other part by the space of two furlongs The Landholders of the late Priory of Modney ought to make the one half of a certain place in the said Sewer called Bullings against the Landholders of the late Monastery of Ramsey by the space of two furlongs and more And the Landholders of the said late Priory of Modney and Massingham's ought to dyke the said Sewer called Credy-middyl by the space of one furlong The Landholders of the late Monastery of Thetford ought to dyke in the said Sewer called Iolles-middyl by the space of a mile The Township of Litilport the Landholders sometime called Nicholas Orme and the Earl of Worcester ought to dyke the said Sewer called New dyke unto the said South branch called Welney water by the space of a mile And that the persons chargable with the making scouring c. of these Sewers shall have the Fishings so far as they are so charged Also they said that there is another occasion of the drowning of the said Marish and Pasture grounds and of the whole Country of Marshland which is the decay of a certain River parcell of the North branch extending from Shrewysnest poynt unto Outwellsholl the which decay beginneth at a certain place in Outwell aforesaid called Saltham lake and extendeth to a place in Downham called North delf and so to Salters lode The which River ought to be in bredth in the narrowest place of the Chanel xxiiij foot and of convenient depth And of the bredth and depth aforesaid by the Inhabitants of Marshland and Wygenall from the said place called Salthamlake unto Salter's lode And they said that there is a certain Bank before remembred called the New Powdich set in Outwell and Downham aforesaid on the East and North part of the same River aswell for the safeguard of certain low grounds in Downham Outwell Wimbotesham and Stow Bardolf aforesaid as also of the whole Country of Marshland and Wygenall for and against the abundance of fresh waters descending to and against the same bank the which Bank beginneth at the South end of the Parish of Outwell aforesaid and extendeth South Eastward unto Mullycourt drove thence to Saltham lake thence to North delf in Dounham and thence to Salters lode and adjoyneth in part thereof to the East side of the said River and in part to the North side thereof Which Bank by all the limits thereof ought to be in bredth in the foundation xviii foot at the least and in the top xii foot And in height from the plain ground unto the top thereof from the said Saltham lake unto Northdelph six foot of lawfull measure and from North delf unto Salters lode in height five foot of like measure And they said that the Landholders of those lands in Outwell aforesaid in certain fields in the same Town called Mutlycourt field Sandy field Out-Sandy field alias Blewick field and Powdich field ought to maintain the said Bank from the Towns end of Outwell unto Mullycourt drove at their costs And the Dean of Ely for the said late Priory of Mullycourt from Mullycourt drove unto Saltham lake And the Inhabitants of Marshland and Wygenhall from the said Saltham lake unto North delph and from thence unto Salters lode c. And they said that the decay of the said Bank hath grown most especially by reason that the Earth taken for the repairing thereof hath been dyked and cast from the foot of the said Bank whereas by the antient Ordinances it hath been appointed to be taken on the South part and West part of the said River adjoyning to the said Bank in time of Summer and in the Winter upon great necessity the Country of Marshland and Wygenhall to take their manure in the common Fenns of Outwell and Dounham on the East part and North part of the said Bank in distance xl foot from the same And they said that there is another Bank extending from Salters lode aforesaid unto Dounham brigge and thence unto Stow Bardolf houses and so by the same Houses to Staple were in Stow Bardolf aforesaid made for the defence of the several and common grounds and Marishes of Dounham Wimbottesham and Stow Bardolf for and against the Floud and Spring waters coming out and from the North Seas at King's Lynne aforesaid the which Bank viz. from Salters lode to Dounham Bridge ought to be in bredth in the foundation xviii foot and on the top xii foot and in sufficient height for the defence of the floud And that the Inhabitants of Dounham ought to repair the said Bank from Salters lode
and Maid lode on the West head thereof And lastly that the Dikereeves should levy iid. for id. upon all that did make default in paying of their proportions according to the Custome of Mershland And if the Dikâ—reeves should be remisse then the Commissioners to levy the said iid. for id. and id. upon the said Dikereeves besides Which Acre-shot being not paid by the said Sir Iohn Payton and his Lady and Edmund Bell Esquire as it was decreed by the before-specified Commissioners there was a Session of Sewers held at Sechie in Com. Norff. upon the eighth day of May the next ensuing year by Francis Gawdy Esquire one of the Queens Justices of the Pleas before her self to be holden and in that Session a demise for thirty nine years made unto Will. Ingelbert and others of divers lands belonging to the said Sir Iohn Dame Dorothy his wife and Edm. Bell to the end that the said Will. and his fellow Lessees should out of the profit of those their lands make performance of what had been so decreed by those Commissioners And at another Session of Sewers held at Dounham in Com. Norff. upon the xx of Sept. in the same year by the said Francis Gawdye Edmund Bell Clement Spelman Edmund Moundeford Iohn Reppes Thomas Hewar Thomas Oxburgh Esquires and others recital being made of the Laws and Ordinances for drayning the Fens and Marshes before-specified the said Commissioners decreed that Will. Engelbert Iohn Watts and others and their heirs and assigns being undertakers for the said drayning and to keep and maintain the same being perfected should have the full moytie of the said Fens so drayned which lye and adjoyn to the said Lode called Maid lode and likewise the moytie of all the several grounds wherein no Common is or ought to be enjoyed within the said limits between London lode and Mayd lode and other the Precincts aforesaid except of the several grounds of Sir Iohn Payton Kt. Dame Dorothy his wife and Edm. Bell Esquire or any of them within those limits After this at another Session of Sewers holden at Sechie aforesaid upon Wednesday in Easter week being the xi of April in the xli year of the said Queen by the said Francis Gawdy Clement Spelman and others recital being made of those Ordinances established in the former Session before noted held the 29 of Sept. 39 Eliz. for drayning the Marsh-grounds in Upwell before-specified by a lode called London lode provided for the drayning of Neatmore and certain grounds adjoyning on the North part and the drayns called Mayde lode and Ship lode on the South whereby the Banks were appointed to be xvi foot broad at the bottom in height five foot and in bredth at the top four foot as also the Dikes five foot deep and in widenesse at the top xxx foot for the first two milesâ— and for the next two miles xxv foot and for the residue of the same and Shiplode xx foot with a Level bottom unto the Sluse for the same at the River of Ouse which Sluse to be xii foot wide the one moytie to be done at the charge of all those as had interest of Common in the same and the other moytie to be done by the Inhabitants of Upwell for the residue of their Common called Neatmore lying without the limits aforesaid imbanked And that aswell every Acre of several ground as that wherein any had interest of Common lying within the Precincts above-mentioned was assessed at ten shillings the Acre towards the erecting of the said Sluse heightning of the said Banks and making of the Drayns or Lodes called Maid lode or Ship lode and the said moytie of the said Drayn called London lode and that the lands of such as were so taxed and in default to be sold the said Commissioners by virtue of the before-specified Ordinance did decree divers lands to be accordingly sold for such their default in payment of what the owners of them had been so assessed and taxed Extracted out of a Certificate of certain Commissioners assemled at Upwell 24º Sept. 41 Eliz. 1. That the Bank sometime called the Crest but now Turk-banke lately re-edified for the defence of the waters out of the Fen â—in Upwell lying betwixt Mayd lode and London lode will be of great advantage to many of her Majesties subjects for besides the improvement of the whole grounds imbanked which are esteemed 4000 Acres at the least from id. the Acre to 3s. 4d. or more there ariseth an improvement of a great number of Acres in Denver and likewise the defence of the Banks of Plawfield and Churchfield in Welle which were heretofore much oppressed with water as also of the new Podike against the fresh waters 2. That this Bankâ— called Turkes banke was erected about two years since but there was long before and yet is an antient Bank or Causey neer the said new Bank called Turks banke and on the West side thereof towards the Isle of Ely which Bank was originally made for defence of the waters coming out of the said Isle from overflowing the grounds now imbanked and other adjoyning grounds and for a way and passage for footmen between Welle and Welneye 3. That there hath been of antient time anoâ—her old Bank or Crest called the Common drove on the West part of the said old Bank towards the said Isle adjoyning unto the River of Wellenhe being the division between the said Isle of Ely and Norff. Which said Bank was made for keeping those waters of the said Isle in their antient and right course 4. That it appeareth by certain Court Rolls and Records that divers persons have been amerced and fined in the time of K. Edw. 1. and since for cutting of the said Bank whereby the said River of Welneye was turned out of his right course and whereby the grounds on Norff. side confining upon the said River of Wellnye part whereof is now inned were surrounded 5. That after the Drayns called Mayd lode and Ship lode are perfected as by a Law of Sewers is provided the Inhabitants of the said Isle and other the Countries confining shall receive much more benefit and be better drayned than before the inning of the said grounds and erection of the said Turks banke they have been The Presentment of the Iury for the Isle of Ely made 25º Sept. 41º Eliz. 1. That the Bank called Turks banke containing in compasse about xv miles will be a great hinderance to the fall of many waters flowing towards the Sea through the Isle of Ely it being planted between the two most natural Drayns on that side the Isle at the meeting of many waters flowing out of Neene Ouse and other streams falling by Dodington and March c. and so turneth them unto the other side of the said Isle towards Litleport and the Countries thereabouts where falling into the Ouse they stop the waters naturally flowing into those quarters from that ordinary Drayn
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 HISTORY OF IMBANKING and DRAYNING OF DIVERS Fenns and Marshes Both in FOREIN PARTS AND IN THIS KINGDOM And of the Improvements thereby EXTRACTED FROM Records Manuscripts and other Authentick Testimonies BY WILLIAM DUGDALE Esquire NORROY King of Arms. LONDON Printed by Alice Warren in the Year of our Lord MDCLXII TO THE KINGS MOST EXCELLENT MAJESTY Most Gratious Soveraign THE first and greatest attempt that hath been made in this Kingdom for the general Drayning of those vast Fenns lying in Cambridgeshire and the Counties adjacent was by that Prudent and Grave Prelate John Morton sometime Bishop of Ely the principal Instrument of that happy Union betwixt the two Houses of York and Lancaster as the Chanell betwixt Peterborough and Wisbeche still bearing his name doth witness And the next by your Royal Grandfather and Father of Blessed Memories the chiefest branches of that Renowned Stock Which not succeeding as it was designed by reason of the distractions of those times it will be no small Honour to your Sacred Majesty and Advantage of your Realm to compleat and make perfect that Noble undertaking To which end I most humbly offer unto your Majesty this present Historical Discourse whereby it will appear not only that divers Great and Mighty Princes and other Persons famous in their times have in Forein Parts been active in Works of this kind but how much your Majestie 's own Royal Ancestors have by several excellent and wholsome Laws promoted the like in this Kingdom Praying to the Almighty that he will bless your Majesty with a Long and Prosperous Reign that good Arts may again flourish amongst us and Virtue receive its due Encouragement to the joy of all your Loyal Subjects and amongst them of Your Majesties most Obedient Subject and Faithfull Servant WILLIAM DUGDALE TO THE READER Courteous Reader THAT the Strength of a King is in the Multitude of his Subjects is a truth which no man will gain-say Hence is it that those Countries the soil whereof is naturally fruitfull are alwaies much better esteem'd than such as be sterile in regard they afford more and better sustenance to their Inhabitants And hence is it likewise that the most civilized Nations have by so much Art and Industry endeavoured to make the best improvement of their Wasts Commons and all sorts of barren Land Amongst which advantages that of Inclosure hath not been the least whereof there is a notable instance in the Counties of Northampton and Somerset which though little differing in their extent and goodness of soyl yet if estimation may be made by Musters Subsidies Tenths and Fifteens Inclosure hath made the one more than double to exceed the other both in people and wealth as hath long ago been observed by some of great Iudgment If then the meer Inclosure and Tillage of that which naturally yielded little profit doth justly deserve so great a commendation how much more is the skill and pains of those to be had in esteem who have recovered many vast proportions of Land totally overwhelm'd with a deluge of waters And of these I need not look out for examples from abroad our own Countrey affoarding a multitude of notable Instances as the ensuing Discouâ—se will fully manifest whereby it will appear that in sundry parts of this Realm there are many thousands of Acres which do now yield much benefit yearly by Rape Cole-seed Grass Hay Hemp Flax Wheat Oats and other Grain nay by all sorts of excellent Plants Garden-stuff and fruit Trees which in former times were Drowned Lands And this was it which gave encouragement to oâ—â— two late Soveraigns of Blessed Memory viz. King James and King Charles the first to become the sole Adventurers for the Drayning of those vast Fenns of Cambridgshire and the five other adjacent Counties a worthy Work and never totally attempted till their times well discerning that by a compleat performance thereof the costly and troublesome meeting of Commissioners for Sewers the frequent great Taxes for the maintenance of divers Banks and Drains with many unhappy controversies and emulations relating thereto might be in a great measure prevented And if our industry were but comparable to that of our Neighbours in the Belgique Provinces how much more might those drayned grounds afford us for profit and pleasure than they yet do forasmuch as theirs lying below the Levell of the Sea at high Tydes is drayned by Engines which cast out the water and ours have not only a descent to the Sea but divers large Rivers and streams for leading the waters to their natural out-falls To give instance in the benefits First let us consider the large proportion of this one Levell which is no less than five hundred thousand Acres it being from the edge of Suffolk to Waynflete in Lincolnshire full Lxviii miles in a strait line And if we reckon by the bow of the Fenn which runneth up on both sides of the River Witham within a mile of Lincoln it may be well accounted Lxxx miles the bredth being in many places xxx more xx and seldom so little as ten miles so that 't is thought by some to be as good ground and as much as the States of the low Countries enjoy in the Netherlands Next for the richness of the soyl being gained from the waters doth it not for the most part exceed the high grounds thereon bordering as much as other meadows do which are ordinarily let for xxs. the Acre And do we not see that in the Marshes beyond Waynflete in Lincolnshire where the grounds are severed and trenched it is hard to find a poor man though they sit at great Rents for their Cattel being alwaies sound and thriving are therefore merchandable or if they come to a mischance yet fit for food Moreover besides the great plenty of flesh and white meats with the breed of servicable Horses let us consider the abundance of Wooll Hydes Tallow and other Commodities which this fruitfull ground now produces and that the new Chanels made for the Drayning do yield no small advantage to all those parts for the carriage of their Corn and Merchandize whereas before they were constrayned to go many miles about according to the natural bending of the Rivers And if we weigh the great inconveniences which these over-flowings have produced certainly the advantage by the general Drayning ought the more to be prized for in the Winter time when the Ice is strong enough to hinder the passage of Boats as hath been by some well observed and yet not able to bear a man the Inhabitants upon the Hards and the Banks within the Fenns can have no help of food nor comfort for body or soul no woman aid in her â—ravail no means to baptize a Child or partake of the Communion nor supply of any necessity saving what those poor desolate places do afford And what expectation of health can there be to the bodies of men where there is no element good the Air being for the most part
cloudy gross and full of rotten harrs the Water putrid and muddy yea full of loathsome vermin the Earth spungy and boggy and the Fire noysome by the stink of smoaky Hassocks As for the decay of Fish and Fowl which hath been no small objestion against this publick work there is not much likelyhood thereof for notwithstanding this general Drayning there are so many great Meeres and Lakes still continuing which be indeed the principal harbours for them that there will be no want of either for in the vast spreading waters they seldom abide the Rivers Chanels and Meeres being their principal Receptacles which being now increased will rather augment than diminish their store And that both Fish and Fowl are with much more ease taken by this restraint of the waters within such bounds we daily see forasmuch as all Netts for Fishing are better made use of in the Rivers and Meeres than when the waters are out of those narrower limits And that Decoys are now planted upon many drayned Levels whereby greater numbers of Fowl are caught than by any other Engins formerly used which could not at all be made there did the waters as formerly overspread the whole Countrey THE HISTORY OF IMBANKING and DRAYNING CAP I. THAT works of Drayning are most antient and of divine institution we have the testimony of holy Scripture In the beginning God said let the waters be gathered together and let the dry land appear and it was so And the Earth brought forth grass and herb yielding seed the fruit-tree yielding fruit after his kind and God saw that it was good Again after the Deluge it was through the divine goodness that the waters were dryed up from off the Earth and the face of the ground was dry And that those Nations which be of greatest antiquity and in chief renown for Arts and Civility are also famous for their works of this nature is evident from the practice of the AEgyptians the Babylonians the Graecians the Romans and several other of which I shall give instance First therefore of Egypt because that Countrey is more mervailous than any other and that the works there are more remarkable than the Countrey This lyeth in a great length from South to North between Arabia and Lybia and is watered with the River Nilus a stream that all the Winter keepeth within his banks but at the Summer Solstice beginneth to exceed and swelling an hundred dayes is almost as long a time in retreating Which constant inundation is so commodious that those surrounded parts as an eminent Historian testifieth are only habitable and that whatsoever place on either side the River riseth in such a manner that it cannot receive the floud remaineth desert and uninhabited through want of water We may therefore esteem the AEgyptians to have been the first Masters in this Art of Drayning whom necessity and profit induced to imploy their wit and labour to the improvement of their Countrey and making the best advantage of that exorbitant River wherein they became most excellent their workman-ship about the River Nilus being such as the same learned Author manifesteth that Industry surpassed nature for Egypt saith he though naturally fruitfull being watered is more fruitfull And though according to the course of nature the greatest increase of the River watereth the most land yet through industry it was so brought to pass that oftentimes when nature was defective there was by the help of Trenches and Banks as much ground watered with the smaller flouds as with the greater so that at high floud the Countrey is all a Sea except the Cities and Villages which being situate either on Natural hills or Artificial banks at distance seem to be Islands The just increase of this flowing appeareth to be xvi Cubits Lesse watereth not all more is too slow in retreating too much water keeping the ground wet too long loseth the season of sowing too little affordeth no season through drougth The Country reckon upon both At xii Cubits they foresee famine at xiii hunger xiv bring mirth xv security xvi plenty The AEgyptian Trenches therefore were of two sorts either for avoidance of superfluous water or disposing of what might be useful there being notable examples of both kinds Of the first sort are those many out-lets made by hand for the Rivers more current passage into the Mid-land Sea the natural mouths of Nile being insufficient for the septem ostia were not all natural Nilus having run through Egypt in one stream to the City Cercasorus thence divideth it self into three Chanels one runneth Eastward towards Pelusium thâ— other Westward towards Canobus from whence they are denominate the third dividing Delta runneth straight forward to Sebennitus from whence it hath it's name and there is divided into two other streams the one passing by Sais the other by Mendes receive their names from those Cities But the Bolbitique Bucolique Chanels are not natural but made by digging This Island of Egypt towards the Sea between the Pelusiaque and Canobique Chanels is called Delta from the form of the letter Δ. Between these two mouths besides the five before named there are many smaller For from the former there are divers subdivisions throughout the whole Island which make sundry Water-courses and Islands so as one Chanel being cut into another it is navigable every way The reason why these lower parts were cut and Drayned in such extraordinary manner may be supposed to be besides the convenience of navigation for that they were more apt to silting whereof the AEgytian Priests had good experience For in the Reign of King Myris when the River rose not above eight Cubits it watered all Egypt below Memphis But now in Herodotus his time unlesse it rose xvi or at least xv cubits it overflowed not that part of the Country Nor was there nine hundred years passed from the death of King Myris to the time that Herodotus heard this from the Priests Amongst this sort of works against the inconvenience of the River may be reckoned the inbanking of Cities which Sesostris first performed But those works especially at Bubastis were after heightned by Sabacon the AEthiopian who imployed therein all persons condemned to death The other kind of Trenches extending the benefit of the inundation beyond nature is more commendable having lesse of necessity but more for imitation The first of these was made by King Maeris into a Lake on the Lybian side which bears his name which Lake saith Herodotus is three thousand six hundred furlongs in compass being the measure of Egypt along the Sea coast and lyeth in length North and South the greatest depth being â—ifty paces Almost in the middle thereof stand two Pyramids each fifty paces above water and as much below in all an hundred paces there being upon each a Colossus sitting in a Chair The water of this lake is not esteemed to spring
where and by what places and how much each man should be obliged to maintain And that when necessity should happen by occasion whereof it might be requisite to withstand or resist the danger and violence of the Sea in repairing of the before specified Banks that the said xxiiii Iurats should meet together and view the places of danger and consider to whom the deâ—ence of the same should be assigned and within what time to be repaired And that the common Bayliff of the said Marsh should give notice to those unto whose defence the said places should be assigned that they should defend and repair them within the time assigned by the said xxiiii Iurats And if they neglected so to do that then the said common Bayliff should at his own chardge make good the said repairs by the oversight of the xxiiii Iurats And that afterwards the party so neglecting should be obliged to render to the said Bayliff double the chardge so laid out by him about those repairs Which double to be reserved for the benefit of the said Banks and the repair of them And that the party so neglecting should be distrained for the same by his lands situate within the said Marsh. Moreover in case any parcel of land should be held in common by partners so that a certain place could not be assigned to each partner for his own proportion viz. a whole or half perch in respect of the small quantity of the Land that then it should be ordained by the oaths of the xxiiii Iurats and viewed what proportion of the said land so held in common he might be able to defend and thereupon a certain portion so to be defended by the said partners in common to be assigned to them And if any of the said partners should neglect to defend his portion after admonition given to them by the Bayliff the said portion of the party so neglecting to be assigned to the other partners who ought to make the like defence Which partners to hold the portion of the party so neglecting in their hands untill he should pay his proportion of the costs laid out about the same defence by the oversight of the xxiiii Iurats and also double towards the Commodities of the said Banks and the repair of them as aforesaid And that if all the partners should happen to be negligent in the premisses then that the common Bayliff before mentioned should make good the whole defence at his own proper costs and afterwards distrain all those partners in double the chardges so by him expended in the said defence by view of the xxiiii Iurats as aforesaid Saving to the chief Lords in the said Marsh the right which they have against their Tenants touching this defence according to their Feoffments And lastly that all the lands in the said Marsh be kept and maintained against the violence of the Sea and the floods of the fresh waters with Banks and Sewers by the Oath and consideration of xxiiii Iurats at the least for their preservation as antiently had been accustomed About this time I find that the K. had advertisement that his Haven of Rumenale was in great danger of destruction to the no little damage of the publick and excessive annoyance of the Town of Rumenale unlesse the course of the River of Newendene whereupon the said Haven was founded being then diverted by the overflowings of the Sea were reduced to the said Port And that he was informed by an Inquisition made by Nicholas de Handlon whom he had sent into those parts to provide and ordain in what sort the said stream might be again brought to the same Haven by it's antient Chanel or a new one to be made that it could not be so reduced nor the said Haven preserved for the common benefit of the said Port and Town except certain obstructions which were in the old course of that River were removed and that a new Chanel were made neer to the same old course viz. from a certain Crosse belonging to the Hospital of infirm people at Rumenale standing by Aghenepend unto Effetone and from Effetone to the house of William le Byll and so to Melepend and thence descending unto the said Port so that a Sluse be made under the Town of Apeltre for reception of the salt-Salt-water entring into the said River by the inundation of the Sea from the parts of Winchelsea and for retaining thereof in it's passage and recourse to the Sea to the intent that the same water might come together with the fresh water of that River by the antient course into the before specified new course and so by that passage directly to descend and fall into the said Haven And that another Sluse should be made at Sneregaâ—e and a third neer to the said Port where that water might descend into the Sea for restraint only of the Sea-tide on that part that it enter not into the said course but reserving the antient and oblique course from the said Crosse to the before specified Haven The King therefore providently desiring the common profit and safe-guard of the said Port by his Precept dated at Oxford the xxith of Iune commanded the said Nicholas that he should repair in his proper person upon a certain day assigned unto those parts together with the Shireeve of Kent unto whom the said King had thereupon sent his Writ and by the Oaths of xxiiii aswel Knights as other free and lawful men of the neighbourhood by whom the truth might be the better known to make estimation how much of other mens lands would be necessary to be taken for the making of the said new Chanel and Sluses and what those lands were worth by the year and to make speedy assignation to the Tenants of those lands to the value of the same lands or more out of the lands or mony of the Barons and honest men of the said Port as also to remove the said obstructions in the old Chanel and to make the said new Chanel and Sluses in the lands of whomsoever it should be requisite for the common benefit and advantage of the said Port and Town of Rumenale as aforesaid And the said Shireeve of Kent was likewise commanded that he should diligently assist and attend the before specified Nicholas in this businesse and to cause the said xxiiii Knights and others of the neighbourhood as aforesaid to be before the said Nicholas at the same day and place But notwithstanding those Ordinances so made by the said Henry de Bathe for the defence and preservation of this Marsh and taking distresses for that purpose And also notwithstanding the former Precepts from the King to the Shireeve of Kent forbidding him to intermeddle at all with any more distresses so taken as I have at large already shewed it appears that the Shireeve did again make Replevin of some distresses taken by virtue of those Ordinances For in 43 H. 3. I find that the King issued out another Writ
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
â—is Commission bearing date at Chauâ—one the 18th of Febr. unto Stephan de Pencestre and William de Echingham to make enquiry in the Premisses and to make redresse of such injury as they should find to have been done therein And in 27 E. 1. the Sea-banks in this County being grown to decay in divers places Robert de Septvaâ—s and William Mause were constituted the King's Justices to take view of them and to take order for their speedy repair In 2 E. 2. William de Walleins and others being constituted Commissioners for the viewing of the Banks and Water-gangs in this County sate at Newcherche upon the Monday next following the Feast of S. Mildrede the Virgin in the said year where by the common assent of the Lords of the Marshes of Lyde and Oxney and the appointment of the King it was ordained that thenceforth the said King's common Bayliff in Romeney Marsh should oversee the Bayliffs and Jurats of the said Lyde and Oxney and when necessity should require to summon them together with the xxiiij Jurats of Romeney Marsh to fit places to consult of Ordinances and making Laws for the defence of the Lands in the said Marshes so that they should alwayes abide by the Determinations and Customes of the said Jurats for the lesse losse and more safeguard of their Lands notwithstanding any Custome to the contrary Saving alwayes the tenor of the King's Charter granted to the Commonalty of the said Marsh and likewise the Ordinances of Sir Henry de Bathe as also of Iohn de Lovetot and his associates for to remain in their full power In the same year Henry de Cobham Junior Iohn Malemeyns and William de Bernefeld were appointed by the King to take view of the Banks Sewers c. in East-Kent So likewise were Waresâ—o de Valeynes Iohn Malmeynes and Henry de Worhope assigned to make enquiry of the Banks Ditches c. in the Marshes of Meyhamme and Gatesdenne upon the Sea coast betwixt Smallyde and Meyhame then wanting repair through the default of Raphe de Thordonne Scoland de Forshamme Thomas Fitz Hubert of Hechyndenne and Walter de Marcleshamme â— who held lands in those Marshes In 6 E. 2. the Jury for the Hundred of Cornylo exhibited a Presentment unto Hervic de Stantone and his fellow Justices Itinerants sitting at Canterbury in the Octaves of S. Iohn Bapt. importing that the Prior of Christs-Church in Canterbury did about ten years then past divert the course of a certain water called Gestling in which such Felons as were condemned to death within the before-specified Hundred ought to suffer judgement by drowning so that by this turning of that stream those condemned persons could not there be drowned as formerly and that this was to the prejudice of the King c. And they likewise presented that the said Prior about two years then past raised a certain Trench of four foot by which the same water of Gestling coming from the upper part of that Country had wont to passe unto the Sea and wherein the King had used to have fishing worth Cs. by the year And that by the said diversion the King not only lost the profit of his fishing but a thousand and five hundred Acres of Land were thereby drowned to the great damage of the said King and all the Country thereabouts The Shireeve therefore had command to summon the said Prior c. Who appearing and the said Jury taking the premisses into farther consideration said upon their Oaths that as to the Fishing the said Prior and Covent had antiently a certain mill in a place called Lydene which Mill being burnt in the time of warr there was no other there built till that the Prior then living about ...... years past erected a new one And they said that after the building thereof the said Prior raised a certain Gutter four foot high which had there been made in former time for conveyance of the water from the upper parts of the Country And they said likewise that without the said Gutter there then was a certain Fishing which the Kings Officers belonging to Dover Castle it being within the liberties thereof sold sometimes for 30s. per annum sometimes for 20s. and sometimes for lesse And that the course of the said water which passed through the before-specified Gutter passed to that place wherein those condemned persons had wont to be drowned and their bodies carryed to the Sea And they moreover said that after the same Gutter was so raised the water so descending from the upper parts before-mentioned could not passe through it whereby not only the said fishing became totally lost but the drowned bodies could not be conveyed to the Sea by that Stream as formerly and all this by reason that the water had not it's passage there as usually and that the ground without the Gutter so increased and grew higher that the stream could not have it's course there And the said Jury being asked how long that Gutter had been so raised they answered for four years onlyâ— And what the said fishing was yearly worth they replyed one Mark The Shireeve thereof had command that he should cause the said Gutter to be put into the same condition as it was before and that the earth without the Gutter so raised should be thrown down again at the chardge of the said Prior c. so that the course of the before-mentioned water might run as it formerly did and the said Prior was amerced About two years afterwards viz. in 8 E. 2. Will. de Basinges Will. de Swantone and Will. de Leteriche were constituted Commissioners to oversee the Banks Ditches c. in the Marshes of Romenale and Oxene in this County and to take order for their repair So also in 9 E. 2. was Robert de Kendale then Constable of Dovor Castle Iohn Malmeyns of Hoo and Will. de Cotes for those in East-Kent The like Commission had Iohn de Ifelde Will. de Cotes Stephan de la Dene and Will. Lotriche in 10 E. 2. As also the said Robert de Kendale Nich. Kyriell Iohn Malemeyns of Hoo and William de Cotes In 11º E. 2. Thomas de Sandwiche Will. de Cotes Will. de Derby and Thomas de Poveyn were specially appointed to view the Banks Ditches c. in the Marsh of Chistelet lying also in East-Kent and to cause the defects therein amended The next year following Edmund de Passele Will. de Dene and Iohn de Ifeld were assigned to take the like view c. for those Banks and Ditches lying neer Newendene and Rolvyndene In 14 E. 2. Iohn Abell and Robert de Shirlond for those on the Banks of Medway neer to Reynham and the parts adjacent which had received much decay by the fresh waters And in 16 E. 2. the before-specified Edm. de Passele Iohn de Ifeld and Stephan de la Dane again for those
The 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
common Forland as before that time had been used upon which such carriages as should be necessary for the repair maintenance or making of those Walls might without impediment be made And likewise the said Jurors being in form aforesaid sworn did severally say that the Land-holders in the said Marsh called the Becard who ought to pay and contribute to the repair and maintenance of the Banks within those limits except before excepted had not any way by which they might go ride or drive to that Marsh nor from it except over other mens Lands or upon the Banks or Forland leading thence to and from the said Marsh. And they said that according to the Custome of the Marsh-law there in all such cases before that time used the Tenants of that Land at their pleasure might go ride and drive to and fro to the said Marsh and from the said Marsh over and upon the Forland of the Banks leading to the said Marsh and from the same And as to the number of Acres or partition of the Lands and Marshes c. within those limits except before excepted or of the certainty of the Land-holders and how much land every such Tenant had or held of the said Lands and Marshes within the said limits except before excepted the said Jurors did severally present the certainty thereupon according to the form and as it was contained in the Books of Sewers within those limits except before excepted then exhibited before the said Justices And thereupon the said Iohn Fogge Iohn Scotte and others to the number of eight of the said Justices forasmuch as upon their said view and inquisitions aforesaid made and taken in form aforesaid it evidently appeared to them that the said Lands and Marshes within those limits except before excepted were lyable to the danger of drowning by default in repâ—ir and maintenance of those Banks whereupon in short time inestimable damage might accrue unless a fitting remedy in that behalf were the sooner had and that all the Lands and Marshes within those limits except before excepted might very well be preserved and defended by the repair and support of those Banks and by the making of Sewers Ditches and Gutters in those Marshes from the danger of the Sea and the flouds of fresh waters to the great commodity of all the Landholders within those precincts except before excepted and that in default of such repair and support of those Banks and every of them all the lands and Marshes those excepted as aforesaid would be in peril of the Sea and easily overwhelmed to the inestimable losse of all the Landholders there whereby all those Tenants except before excepted ought equally to contribute to the cost and chardge of such repair and maintenance for the safeguard and defence of their lands and Marshes there from this peril and inundation viz. every one of them according to the proportion of what he held as his number of Acres and Perches of land there as in the said Marsh of Romeney according to the Ordinances Statutes and Customes thereof had and to that time used in the like case there had wont and ought to be done Considering besides that the said lands and Marshes lying within those limits except before excepted were never before setled under any certain and fit Statutes or Ordinances by any Authority for their secure defence and preservation And moreover forasmuch as the said King desiring seasonably to provide for the safeguard of this his Realm and chiefly for those parts upon the Sea-coasts in his Parliament held at Westminster the sixth of October in the xijth year of his reign and by divers prorogations continued till the first day of May in the xiiijth year thereof by the assent of the Lords Spiritual and Temporal sitting in the said Parliament at the Petition of the Commonalty of this his Realm then and there exhibited to him amongst other things ordained and constituted that several Commissions of Sewers should be issued out to sundry persons by the Chancelour of England for the time being throughout all the parts of this Realm where need should require according to the form of a certain Commission in a Statute made in the Parliament of Henry the sixth in Deed but not in Right King of England held at Westminster in the sixth year of his reign And that the said Commissioners should have full Power and Authority to make ordain and constitute Statutes and Ordinances and to perform all other things according to the power and effâ—ct of those Commissions as in the said Statute of the said xijth year published is more fully contained Whereupon the said King issued out his Letters Patents to the before-specified Sir Iohn Fogge and the rest of the Justices before-mentioned in form aforesaid the tenor of which Petitions and answers thereto and of the Statutes Ordinances and Customes of the said Romeney Marsh were contained in a certain Roll annexed thereunto Having also regard to the publick advantage and common profit aswell by virtue and authority of the said Statute published in the said xijth year as of the said Letters Patents as aforesaid hereupon made to the before-specified Justices in form aforesaid and other premisses that it would seem just and equal to them in this behalf and most consonant to reason to establish and ordain what should be most proper for the avoiding of the perils and damages abovesaid calling together such as the businesse concerned for the perpetual safeguard and preservation of the said lands and Marshes within those limits except before excepted by the assent aswell of all those Jurors of the Enquest aforesaid appearing before the said Justices who had lands within the limits aforesaid lyable to the said danger to be preserved in form aforesaid as also of very many Lords of Fees and other Land-holders there being on the said Friday at Lyde aforesaid in pursuance of the said King's Royal purpose for more advantage and lesse detriment the said Justices did provide make and publish certain proper and commodious Statutes and Ordinances for the King's people and especially for all the Land-holders in those grounds and Marshes within the said limits except before excepted not favouring any person therein to endure and be observed for ever as followeth First it was decreed and ordained by the said Iustices with the consent aforesaid that thenceforth and for ever there should be within the Lands and Marshes aforesaid within the limits aforesaid except before excepted two Bayliffs twenty four Iurats two Collectors and two Expenditors of the Land-holders within those limits except before excepted for the preservation safeguard and defence of the said Lands and Marshes except before excepted and of the Banks belonging thereto By the consideration of which said xxiiij Iurats ten or eight of them at least the said Lands and Marshes except before excepted ought to be governed kept defended and preserved from the peril of the Sea and inundation of the fresh maters by Banks
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
half of all the said grounds so to be inned according to the purport and true meaning of the said recited Indenture the other moytie to belong to the owners of the said Marsh grounds according to the several proportion of their quantities which they then had in those grounds to be holden of Edmund Cooke Esquire his heirs and assigns as of his Mannoâ—r of Lesnes and Fants in free Socage by fealty and one penny Rent for every Acre and not in chief nor by Knights service And that in consideration of the great chardge of this work the said inned Marshes to be dischardged from all Tithes and Tenths whatsoever for and during the term of seven years next after the inning winning and fencing of the same CAP. XIV AND now though by what hath yet been instanced touching the improvements made by Banking and Drayning upon the Verge of this River the first Commissions which I have vouched bear not date above three hundred and fifty years since yet do I make no question but that this good Husbandry was far more antient for notwithstanding the like Commissions for the defence and safeguard of the other Marshes situate higher upon this stream whereof I shall give instance by and by are not much elder it will by great circumstances be evident that some of these Banks are not of lesse antiquity than the time of the Romans here in Britaine otherwise how could that antient Borough of Suthwarke have been built the ground whereon it stands being at first naturally flat and low and within the power of the usual tides as the adjoyning Marshes still would be were not they defended by the like Banks though now by reason of the vast buildings there which do stand upon artificial ground it being in the nature of a Suburb to that great and antient City of London there be little notice taken that it hath been so raised where besides divers Roman coynes that are still frequently digg'd up I my self in the year 1658 saw in those fields on the backside of Winchâ—ster house called Suthwark Parkâ— upon the sinking of divers Cellers for some new buildings at about two foot below the present levell of the ground a Roman pavement made of Bricks not above an inch and an half square and adjoyning to it a more curious piece of the like small bricks in length about ten foot and in bredth five wrought in various colours and in the midst thereof betwixt certain borders in the fashion of wreathed columns the form of a Serpent very lively exprest in that kind of Mosaique work I now come to the Commissions The first whereof our publick Records do take notice is in 23 E. 1. which was directed to Iohn de Metingham and Will. de Carleton for the view and repair of the Banks c. betwixt Lambehethe and Grenewiche After this about three years through the neglect of those who ought to have maintained the Banks neer Retherhithe the breaches thereof were such as that a great part of those Marshes became drowned Whereupon the King committed the managing of their repair to his trusty and beloved Will Haward soon after one of the Justices of his Court of Common Pleas to whom he assigned a certain summ of mony for that purpose which not being sufficient for the accomplishment of the work though he the said William even beyond his abilities added thereto of his own purse the said King by the advice of his Counsail ordained that all those Lands which through the before-specified neglect were thus overflown and drowned should be seized into his own hands and committed to some such honest and trusty person as would be willing to take upon him the chardge of the said repair and new making of the said Bank to have and enjoy by an extent to be made thereof untill he should reimburse himself out of the profits of the said Lands to the full of whatsoever he might lay out upon that work In 2 E. 2. Iohn de Foxle Walter de Gloucestre with some others were assigned to take view of a certain breach of a Bank neer Bermundsey and to provide for the repair thereof In the same year it hapned that by reason of the said breach the Prior and Covent of Bermondsey received great losse by the drowning of certain grounds belonging to that House the King therefore at the request of Isabell his Queen granted this favour to the said Prior and Covent that nothing of the Corn Hay or any the Good or Catalls belonging to the said Priory should be taken to the use of the King or any other without the assent of them the said Prior and Covent The like breach also hapning in the Banks of the Marshes in Suthwarke which not long before pertained to the Knights Templars but then were in the King's hands he being advertised thereof directed his Precept bearing date at Barwick upon Twede 23º Maii 4 E. 2. unto William de Montalt at that time Guardian of those Lands commanding him that out of the profits of them he should cause them to be speedily repaired And in 9 E. 2. Richard de Repham and Edmund de Passele were constituted Commissioners for the view and repair of the Banks c. betwixt London bridge and the Mannour called Fauxes-Halle as also of a certain Bank in the Land of the Bishop of Winchester in Suthwerke which having been antiently made for the safeguard thereof was then ruinous and broken And likewise of certain Ditches whereby the fresh waters had formerly used to descend into the Thames which were then choak'd up And to distrain all such persons for the repait of the said Banks and Ditches who in respect of any lands that they held or otherwise were obliged thereto In 13 E. 2. upon an Inquisition taken before Iohn de Everdon and Geffrey de Hertelpole then the Kings Justices assigned to enquire of the defects in repair of those Banks which were situate betwixt London bridge and Grenewiche the Jury presented upon their Oaths that part of a Bank at Retherhethe containing thirteen perches in length was then broken and that Sir Iohn Latimer Knight in respect of a certain messuage that he had there was and had been chardged with the repair thereof time out of mind It was likewise presented that at a place there called Milnewardstrete there was a Gutter called Mouse goter so obstructed that the water which had used and ought to passe through it into the Thames was stopped and that one Richard le Chaundeler was obliged by right to clense and scowr the same by reason of his Lands there And moreover that there was another Gutter in the Land lately belonging to Richard de Dunle so stopped likewise the clensing whereof belonged to Agnes his widow then Tenant to the said Lands As also that there was another Gutter in the grounds whereof Richard de Ashwy had been lately possessed which Gutter being then likewise
choakâ— up did endanger the drowning the adjacent Marshes and that the clensing thereof pertained to the heirs of the said Richard And lastly that there was a certain Sewer called Ozflete pasâ—ing from the water of S. Thomas unto the Thames stopt up also for want of clensing to the great annoyance of the Lands of Iohn Capsho and Robert Allard which Sewer ought to have been scoured by the said Iohn and Robert It was therefore ordained by the before-specified Justices that the said Sir Iohn le Latimer and the rest of the persons so presented as aforesaid should be distrained to make good the several repairs above-mentioned so belonging unto them In 26 E. 3. Will. Thorpe Iames Hâ—fee and Will. de Fifhide were appointed 〈◊〉 view and repair the Banks aâ—â—he Stewes and in other places adjaâ—â—â—â—â— by the breach whereof divers groundâ— and meadows lay then totally drowned And in 37 E. 3. Edmund Chelreye Thomas Morice and Michael Skillyng had the like appointment for those Banks neer the said Stewes which were opposite to the Mannour House of Iohn de Moâ—bray Before which Commissioners divers presentments were then made touching those Banks and Sewers neer the same Stewes where divers persons being found faulty paid fines to the King others acknowleged that they ought to repair them by the perch and others had made good what belonged to them to do whereof the Prior of S. Iohns of Ierusalem was one who had two Mills there and other lands to the value of xl per annum The like was certified of Sir Iohn de Moubray Knight and Elizabeth his wife daughter and heir of Iohn de Segrave In 42 E. 3. Iohn Lovekin Will. Taâ—ke Will. de Neudigate anâ— othâ—rs had the like assignation for the Banks c. extending from a place called Dâ—nielissewalle in this County of Surrey to Roddisâ—orne in Kent And in 48 E. 3. Robert Bealknap Will. Halden Roger Dygge and others for the same Banks betwixt Danyeleswalle and the Land of the Prior of S. Marie de Overe and about a medow called Croâ—chemede by which Commiâ—sion â—hâ—y â—ere directed to proceed according to the Law and Custome of this Realm of England In 4 H. 5. Iohn Pâ—eston Sir Iohn Dâ—ayton Knight Thomas Rothewell junior Thowes Drewe Richard Wydeforde and Thomas Coventre were constituted Commissioners for the view and repair of the Banks Ditches c. all along the Verge of the Thames on both sides from Reading to Oxford which were then broken in many places with appointment to proceed therein according to the Law and Custome of England The next year following Iohn Preston Iohn Martyn Iohn Corf Iohn Appulton Robert Skyrne and Nicholas Conyngston had the like Commission for those Banks c. betwixt Depford strond and Bermundsey wherein they were directed to act according to the Custome of â—he Marsh and the Law and Custome of this Realm In 22 H. 6. Sir Iohn Burcestre Knight Ricâ—ard Bamme Richard Comâ—e Will. Oâ—â—urne Adam Lynelord Iohn Martyn Iohn Malton and Will. Kyrton were assigned to view all those Banks on the side of Thames and marshes adjoyning aswell within the Lordships of South Lambehithe North Lambehithe Lambehithe mershe and Parysh-garden as in Southwerk Bermundsey Retherhithe Depford stronde Peckham Hacham Camerwell Stokwell Clopham and Newyngton in the Counties of Surrey and Kent which were at that time broken and in decay and to take order for the repair of them As also to make necessary Laws and Ordinances for the safeguard and preservation of them according to the Laws and Customes of Romeney Marsh And morâ—over to imprâ—st so many Diggers and Labourers to be imployed thâ—rein upon compâ—â—ent salaryes as should be necessary in respâ—ct of the great necessity at that time for the speedy dispatch of that work The like Commission and direction had Iohn Bamburgh Richard Bamme Richard Drax and Philip Leweston in 25 H. 6. for the Banks in the same Lordships and places And in 31 H. 6. Sir Iohn Burcestre Knight Richard Waller Esquire Will. Laken Philip Leweston and others had the like for the view of all the Banks from East-Grenewiche in Kent to Wandesworth in Surrey So also had the said Sir Iohn Burcestre Sir Iohn Cheyne Knights Richard Waller Esquire Will. Laken and others for those betwixt West-Grenewiche and Wandesworth aforesaid viz. to the Sluces callâ—d Harescluse Râ—therhithe Suthwerke Bermondsey Parysgaâ—dyn Lâ—mbehythe Lambehythe mersh Batersey Wandesworth Clopham Pekham and Camberwerwell The like Commission for the same Places and to proceed accordingly had Sir Iohn Bourgchier of Barners Knight Sir Iohn Burcestre Sir Iohn Cheyne Knights and others in 33 H. 6. So also had Sir Raphe Iosselyn Knight Mayor of the City of London Sir Walter Moile Knight Sir Iohn Burcestre Knight Nich. Gaynesford Esquire Iohn Wode and others in 5 E. 4. And likewise Sir Richard Fenys Lord Dacres Iohn Abbot of Bermundsey Henry Prior of S. Marie Overey in Suthwerk Will. Crosse Master of the Hospital of S. Thomas the martyr in Suthwerk and divers others in 14 E. 4. CAP. XV. HAving now done with the Marshes on the South part of Thames I come to those on the North side lying in the Counties of Midlesex and Essex beginning with Middlesex where the first mention I find of any thing in this kind is that in 26 E. 1. Robert de Retford and Henry Spigurnell were assigned to view and repair the Banks and Ditches in Stebbenhethe and the parts adjacent After this viz. on Wednesâ—ay next after the Feast of S. Martin the Bishop in 18 E. 2. there was an inquisition taken at the Hospital of S. Kathrines neer the Tower of London before Will. de Broke and Robert de Kellesey then the Kings Justices for view of the Banks Ditches c. lying betwixt the said Hospital and the Town of Chadewelle and for repair of the same before whom the Jurors did present upon their Oaths that a certain person of antient time Lord of the Mannour of Stebenhethe before-mentioned whose name they knew not did by his industry recover a certain Marsh there containing about an hundred Acres of Land which Marsh was then drowned by the overflowing of the Thames and at the time of the said presentment so made had Banks Ditches c. and did so lye betwixt the said Hospital and Shadwelle but through the want of their repair was then frequently overflowed and in divers places drowned to the great damage of the people in those parts Which Lord of the said Mannour of Stebenhethe did afterwards grant by Charter to certain of his free men xlij acres and a half of Land with the appurtenances severally by parcells to be held by them and their heirs by certain services for ever and to repair and maintain the said Banks Ditches Sewers c. viz. each man upon his own proper ground bordering on the said River of Thames of which xlij
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
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
scarce any one could come in or out thereof he granted Commission to the Abbot of Bataille Thomas de Reyns Lieutenant to the Constable of Dovor Castle Will. Batesford Roger de Ashebornham and others to view the said Bridge and Banks and to take order for the repairing of them In 2 R. 2. Will. Horne Roger de Asheburnhamme and Iohn Edward were appointed Commissioners for the view and repair of the banks c. betwixt UUortlyng and Catesfelde In 3 R. 2. upon complaint made to the King by the Commonalty of the Town of UUynchelse shewing that there was a common way called Copgreys then lately leading from the said Town unto Bataille as also a certain Marsh called Dynsoale lying betwixt the Towns of UUynchelse and Hastyngs which way and Marsh through the neglect of some persons in those parts who of right ought to repair and maintain them were destroyed and overflowed by the Sea the said King by the assent of his Prelates Barons c. then sitting in Parliament assigned the Abbot of Bataille Rob. de Bealknappe Will. de Battesford to take view of the said way Marshâ— and to enquire by the Oaths of honest and lawful men c. through whose default those damages had hapned and who had used and ought to repair them and to compell them thereto in such sort as in Romeney marsh in the like case had been accustomed And moreover to do and perform all things therein according to the Law and Custome of this Realm and the Laws and Customes of Romeney marsh aforesaid In 4 R. 2. Sir Thomas de Hungerford Knight Iohn Prior of Michesham VVill. Horne Roger Ashburnham and others were made Commissioners for the view and repair of those banks upon the Sea-coasts betwixt the town of Bourne and the Towns of Helyng and Bixle And the next year following Sir Edward Dalyngrugge Knight Sir Edmud Fitzherbert Knight Iohn Edward VVill. Olmested and Thomas Blast were in like sort constituted for those within the Rape of Pevenese In 6 R. 2. the King directed his Precept to Adam de Limbergh Guardian of his Manour of Idene commanding him that out of the form of the said Manour he should cause the banks and ditches belonging thereto to be repaired where need was according to the judgement of honest and lawful men of those parts Other Commissions in this King's time were these viz. in 7 R. 2. to Robert de Ashton Constable of Dovor Castle Robert Bealknap Sir Edward Dalingrugge Knight VVill. de Horne Peter Rede and VVill. Batelesford for those banks c. in the Towns of Idenne Rye Odymer Brode Farlegh Pette UUynchelse Iclesham Gestling and UUestfield In 8 R. 2. to Sir Robert Bealknap Sir Tho. Hungerford Knights Roger Ashbournham Will. Batisforth and Iohn atte Broke for those betwixt the Town of Bourne and the Towns of Helyngham and Bixle In 14 R. 2. to Sir Thomas Colepepir Knight Will. Rikhill Roger Ashburnham Stephan Bettenham and Iohn Edwards for those betwixt the Town of Kentbregge and Newenden then much broken by the violence of the Sea And to act therin according to the Law and Custome of this Realm and the Custome of Romeneye marsh In the same year to Hugh de Sowches Iohn Falwesly Will. Percy VVill. Brinchesle and others for those betwixt the Town of Ifeld and the main Sea upon the River of Lewes and Passage of Pulberowe and the main Sea and upon the River of Arundell on both sides of the banks and to do all things therein according to the Law and Custome of this Realm In 15 R. 2. to the Abbot of Begehame the Prior of Michelhame Iohn Devereux Constable of Dovor Castle Sir Will. Fienles and Sir Roger Newent Knights Will. Batelesford and others for those upon the Sea-coast and Marshes in the Towns of Peveneseye Aylesham UUrotlynge Hoo Herst Monceaux Mankesheye UUylyngdon UUesthamme Horsye and elswhere from the head of Godyng to Clune of Bourne And so likewise by another Commission for those within the Precincts of the Townships of Ashbournhamme and Bourne In 17 R. 2. to Will. Rikhille VVill. Brenchesle Vincent Fynche Robert Oxenbrigge and Iohn Lynot for those in Farlegh Pette-Gestlyng Brede Westfeld Odymere and to act therein according to the Law and Custome of this Realm and the Custome of Romene marsh And in 20 R. 2. to the Abbot of Bataille Prior of Hastyngs VVill. Brenchesle Robert de Ore and others for those betwixt Hastinges and Bulwerheche and to proceed therein as abovementioned The next year following upon a Commission issued out to the Abbot of Begeham Prior of Michelham Sir Wil. Fienles Knight VVill. Makenad and Iohn Broke touching the repair of the banks c. betwixt Ashebournehamme and Bourne the Jurats inter alia presented that the bank beginning at Borham brigge and going to the land of Sir VVill. de Hoo Knight was in decay through the default of the Abbot of Begeham and his partners And from thence the Bank leading to the land of Stephan Plasted through the neglect of Sir Will. de Hoo Knight And from thence the banks reaching to the bounds of Marcopson through the default of Stephan Waller and VValter Sumpter And the banks reaching from that place to the Land of Iohn Sweteblod in default of Sir Philip Sencler Knight And thence the bank tending to the land of Sir Philip Mested Knight in default of the said Iohn Sweteblod And thence the bank stretching to the land of Sir Will. Fienles Knight in default of the said Sir Philip Mested And thence the bank tending to the land of Simon Lot in default of the said Sir VVilliam Fienles And thence the Bank tending to the old sluce of Pevenese in default of the said Simon Lot All which persons by reason of their Land-holdings within the said Marsh were obliged so to repair and maintain those banks by parcells their Ancestors and those whose estates they had having time out of mind so done And that then through such their neglect many losses had befallen those parts And they also certified that the Sewer beginning at the bounds of Squabber and extending it self to Gorebreggs and so to Sakevylestrow and so to Yortham and thence to Rikenebrigg and so to the old Sluce of Pevenese and thence to Wyllendonestrow and so to the Gutter made through the midst of a Hillock by which the fresh waters descending to the Sea from six thousand three hundred fifty eight Acres three Rodes and a half of Land Meadow and Pasture had wont to passe and of antient time ought so to do anâ— from the said bounds of Squabber to the said old Sluce of Pevenese was then filled up and obstructed with grasse reeds and other filth for a long time suffered there to grow and from the said old Sluse of Pevenese to the said Gutter in such sort as that by the shallownesse thereof the course of the water
so to Sakevylestrow and so to Yortham thence to Rikenebrigs and so to the old Sluce of Pevenese time out of mind with the rest of the Tenements in the said Town of Wortlyng Eltham Herst-Monceux c. And without that that by evacuation of the fresh waters by those Gutters and Sewers though they should be so repaired and made as by the Presentment was supposed they should have benefit and safeguard and this they were all ready to justifie c. And William Grangiam the King's Attorney there at that time said that the Sewer beginning at the boundary called Squabber tending to Gorebreggs and so to Sakevylastrowe and thence to the old Sluce of Pevenese had been usually repaired in common by the Landholders in the said Towns of Wortlyng Otham Herst-Monceux c. and that by such evacuation of the fresh waters by those repairs they had commodity and safeguard as in the said Presentment was alleged c ..................... ................................ In 3 H. 4. Thomas Erpyngham Constable of Dovor Castle the Prior of Michelham Iohn Pelham William Fenys Will. Makenade and others were constituted Commissioners for the view and repair of the Banks in Pevensey Marsh betwixt Birle and Bechief and to perform all things therein according to the Custome of that marsh as of the marsh of Romeneye and the Law and Custome of this Realm Whereupon the said Prior Iohn Pelham and William Makenade went unto Westham in the Parish of Pevensey upon Friday next before the Feast of S. Gregory by the consent of the Lords of the Towns the Bayliff and the xii Jurats otherwise called Skawers and of the Commons of the said Marsh and ordained these following Statutes for the due governance of the same marsh and salvation thereof in the time to come First because there was no certain Law of the said Marsh ordained nor used before that time but at the will of those Lords who had Lands within the same so that divers perils and hurts intolerable dayly grew therefore for eschewing thereof and for increasing of the common profit they ordained and fully agreed that a principal Court should be yearly held in the said Marsh within xv dayes of the Feast of S. Michael the Arch-Angel whereat one Bayliff xij Skawers as also Collectors and Expenditors of the Scotts or Assessments should be chosen by the Lords of the Towns of the said Marsh or by their Attorneys for the safeguard thereof which Bayliff to oversee the defects and the xij Skawers to make Orders and Decrees according to the Law and Custome of Romney Marsh and also that every man by lawful quantitie of his holding of common of Pasture and Fishing within the bounds of the said Marsh shall contribute by equal portions to the reparation and maintenance of the Banks Gutters Sewers Bridges and all other necessary things within the said Marsh by the consideration of the xij Skawers and that all the reparations of the said Banks Watergangs Gutters and Sewers be done as often as needeth the costs whereof to be made and raised in this form viz. That every man that hath any land subject to danger be it neer or far off from the said peril so that the said land may be saved or the owners have profit by the Banks Watergangs Gutts and Sewers before-mentioned shall be contributory for their Lands and Tenements according to the proportion of their tenure so that no man holding such Lands and Tenements under the form of afâ—resaid shall be spared in that part be he rich or poor of what state dignity or condition soever be he within Liberties or without and in case any man be negligent in paying of his portion at a certain day ordained by the Skawers for repairing the said Banks Gutts and Watergangs that then such men shall be distrained of their Goods and Cattell wheresoever they be found within Liberties or without within the Precinct of the said Marsh untill such time as they shall have duly paid their said proportions with their Wanes the which Wanes to be reserved to the profit of the Bayliff And that the said distresses taken by the Bayliffs and the xij Skawers shall be kept for three dayes and if the owner be obstinate or negligent of his payment during that time then that the said distress be sold and the mony reserved for the safeguard of the said Marsh against the violence of the Sea And that the common Bayliff of the said Marsh of Pevensey who hath lands within the same be chosen if it be profitable but otherwise that another be elected by the assent of the Lords of the Towns of the said Marsh or by their Attorneys in sitting and holding of the Courts and Lasts at West Ham or at some other lawful place within the bounds of the said Marsh and within xv dayes of the Feast of S. Michael before-mentioned yearly upon the summons of the Bayliff except the said Bayliff for some reasonable cause happen to be changed within the said year and another be chosen in his stead And if the said Bayliff be present at such his election and will not accept of that Office that then he shall be amerced by the Electors in xls. which the succeeding Bayliff shall levy of his Goods and Catalls to the comman profit of the said Marsh and so forthwith a new choyce of another Bayliff to be made who shall accept of that Office and take his Oath and have for his labour the Wanes that fall in his time of the Scotts so assessed and levyed And if the said Bayliff so chosen be hindred by any man so that he dare not accept of that Office by reason of any threats that then he which so threatneth him or by any suggestion causeth him to decline that Office shall be punished by the Electors in such sort as the Bayliff himself should be in case he refused the same Office And if the Bayliff be absent at the time of his election that then he be distrained by the Bayliff of the Marsh his Predecessor by all his Goods and Catalls the which shall be pounded in certain places ordained by the said Electors and there kept unto the time the said Bayliff go to the Constable of the Castle of Pevensey the Abbot of Begham or Prior of Michelham or to one of them and make his Oath accepting of his said Office whereupon he shall receive Letters of him who hath so taken his Oath sealed with his Seal and directed to the Bayliff his Predecessor And thus shall he do within six dayes after his election and if he do not so he shall then be punished as aforesaid and forthwith a new choyce made And at this principal Last or Court the common Collectors and Expenditors of all the general Scots before-mentioned shall make their accompts before the Lords of the Marsh or their Attorneys if they be present before the Bayliffs xij Skawers and the Commons of the said Marsh which Accompts to be
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
Guardian of the said Marsh who was accordingly sworn for the performing of that Office faithfully according to the Law and Custome of this Realm and the Custome of Romeney Marsh aforesaid Also Iohn Engham the heirs of Thomas Thunder Robert Thunder Thomas Ian the heirs of Iames Marchall the heirs of Robert Marchall and the heirs of Stephan Deine being likewise elected were sworn to execute that Office of Skawer faithfully within the said Marsh according to the Law and Custome aforesaid The Shireeve of Kent therefore had command that he should give several summons to the said Abbot of S. Augustines Prior of Christs-Church Sir Iohn Elryngton Knight and the rest who held lands within that part of the said Marsh within the County of Kent that they sâ—ould appear at the said Marsâ— upon Monday next after the Feast of the Translation of S. Thomas the Martyr then next ensuing to shew why each of them ought not to contribute to the said work for what he held according to the proportion thereof in such sort as he was assessed And in like manner had the Shireeve of Sussex command that he should summon Sir Iohn Elryngton Knight and the rest who held that part of the said Marsh in this County of Sussex And the said Abbot and all the other Land-holders though they were severally so summoned did not appear but made default But the said Sir Iohn Elryngton and others of this County did appear and were ready every one of them to contribute according to the proportion of what he held within the said Marsh according to the tenor of the Inquisition and Tax aforesaid And therefore it was ordained by the said Commissioners that aswell the said Sir Iohn Elryngton and the other land-holders who then appeared with him as the said Abbot of S. Augustines and all those other who did not appear should every one contribute according to the proportion of what he held to the making and maintenance of the said wall in manner and form as in the said Presentment was contained and should observe and keep the Laws and Customes specified in the said Presentment And because before that time there was no certain Law of that Marsh constituted nor used and that the said Marsh being drowned lay to the Sea therefore the said Commissioners by virtue of their Commission by the assent of the Bayliffs Jurats and Commonality of the said Marsh did ordain that for the future the Bayliff for the time being should have one principal Last in the said Marsh yearly at the least within the Octaves of S. Michael the Arch-Angel in such place where he the said Bayliff should think most expedient And at a Last holden at West Ham the third day of October in the xxiiijth year of the reign of King Henry the eighth before Iohn Prior of Lewes Rich. Abbot of Begham Iohn Prior of Michelham Thomas Lord Dacre and others by virtue of the Kings Commission to them directed it was decreed and ordained That no manner of person or persons should thenceforth set any Nets Pots or Engins or make any Damms or other impediments in Landings Watergangs Ditches or common streams or any Insews or setting or fisâ—ing before any Gut or Guts within the bounds of Pevensey Marsâ— upon penalty of forfeiting to the use and profit of the said Marsh such Net or Nets Pots or Engins as they or any of them shall so set and likewise ten shillings when and as often as any of them shall so offend the said Net or Nets Pots or Engins to be seized on by any person or persons to the use aforesaid which person or persons so seizing them to have the one half of the same to his own use but the forfeiture of the said ten shillings to be so levyed by the Bayliff for the time being to be to the behoof of the whole marsh Provided neverthelesse that every owner of land within the said Marsh have full and lawful power to fish within his grounds so it be not prejudicial or hurtful to the said Marsh. CAP. XX. FRom Sussex I come next to Somersetshire That the overflowings both of the Sea and fresh Rivers in some parts of this County were heretofore likewise exceeding great I need not seek far for testimony the rich and spacious Marshes below Wells and Glastonbury since by much industry drayned and reduced to profit sufficiently manifesting no lesse For considering the flatnesse of those parts at least twelve miles Eastward from the Sea which gave way to the Tides to flow up very high as also that the â—ilt and sand thereby continually brought up did not a little obstruct the out-falls of those fresh waters which descend from Bruton Shepton-Malet and several other places of this Shire all that great level about Glastonbury and below it now for the most part called Brentmarshe was in time past no other than a very Fen and that place being naturally higher than the rest accounted an Island by reason of it's situation in the bosome of such vast waters Haec itaque Insula saith Will. of Mamesâ—ury speaking of it then known by the name of the Isle of Avalon primò à Britonibus dicta est Ynwyrtrin c. Insula verò dicta est quoniam marisco profundo est undique Clausa This Island was first called by the Britons Ynswyrtrin c. and termed an Island because it was inclosed on every side with a deep Marsh or Fen as doubtlesse it would be were it not for that famous and costly Sluse at Highbridge whereby the Tides that there usually rise no lesse than xx foot in full height are not only kept back but the fresh waters evacuated with such a force as grinding out the silt which would otherwise choak up that Ostiarie the obstruction of their current and consequently the overflowing of that large plain Eastwards is happily prevented Let me also add hereunto what the learned Leland in his Itinerarie made temp H. 8. observeth viz. that neer Coscumbe betwixt Shipton Malet and Welles there was antiently a Castle on a Hill called Fenne Castle the ruines whereof he saw And as to the Banking and Drayning in these parts that a mile above Hartlake bridge he took notice of an arm cast out by force out of Sowey River and a Marsh wall made by industry betwixt it and the principal stream of Sowey which wall continued to Hartlake bridge and a mile lower and then both soon after ran into the meer And moreover affirmeth that if the said Marsh wall should not be kept up and the Chanel on each part of Sowey preserved from weeds all the plain ground at suddain Rains would be overflown and the profits thereof lost And by the Charter of Eddi Bishop of ............ made to the Abby of Glastonbury in the year of Christ DCLxxx it appeareth that Ferramere was then an Island invironed with the Fens But concerning these and the other Marshes of this County the first Commission
it was then likewise presented that the course of the water called Wythyrne was stopped by sand and weeds through the neglect of the said Abbot of Glastonbury and his Tenants of Wythyes on the one part Sir VVill. Cogan and his Tenants of Honyfpull on the other part And that afterwards the said Abbot and his said Tenants constituted the said Iohn Fytelton and Iohn Panes their Attornies to answer thereto And by another Inquisition taken at Taunton the Thursday next after the Feast of S. Giles the Abbot in the sixth year of the said King the Jurors upon their Oaths did say that the said Abbot did at Monketon maintain certain Trees hanging in the River of Tone overthwart the same stream insomuch as Boats could not passe there betwixt the Mill of Tobrigge and Bathepole as they had wont to do to the great damage of the whole Country And they farther said that the Mill called Bathepole for grinding of Corn was built in the midst of the River of Tone with stone walls six foot higher than they had formerly been by Sir Richard de Atton Knight VVhich Mill the said Abbot then had and supported And they also said that there was likewise a Fulling Mill built in the said River by the said Sir Richard de Atton after the great Plague which was then also in the possession of the said Abbot by reason whereof the said stream could not have it's passage as formerly but overflowed both the Corn ground Meadows and Pastures adjacent to the damage of all the Country And likewise that the Kings High wayes betwixt Taunton and Bathepole-brigge were so overflowed and spoyled by the flowing back of the said water that people could not travel that way and that the said Abbot ought to amend the same And they also said that by the building of those Mills and VValls the Boats which had wont to have passage that way with Merchandize from Bridgewater to Taunton were stopped and that the Fish were also thereby hindred of their course to and from those places And they said moreover that a certain piece of ground on one part in Monketon was appropriated to the said Abbot by the planting of VVillows and other Trees by the said Abbot and his Predecessors their servants and Tenants there And also that the said Sir Iohn Poulet Knight had appropriated the ground on the other side by the like plantations so that the Chanel which had been antiently xxx foot wide was not then above x or xij foot in bredth from the said River of Bathepole to Criche by reason whereof boats could not passe therein as they had wont to the great damage of the Country To answer all which chardge the Abbot and his Tenants appeared by their Attorney upon the Wednesday in Easter week in the seventh year of the said King and as to the bank called Southelake wall first presented said that it was in Othery and not in Weston which is parcel of his the said Abbot's Mannour of Sowy And farther said that he held a certain piece of ground called Southlakemore in Othery aforesaid containing about xl Acres of land Meadow and Pasture that it was parcel of the said Mannour and lay betwixt the same Bank and a certain Bank called Burwall which Mannour the said Abbot held as parcel of the foundation of his Church of Glastonbury and that he and all his Predecessors were seized thereof time beyond memory as in the right of their said Church And he alleged moreover that there was a certain River called Paret which is adjacent to the said ground called Southlake mere into which River the Sea water did flow and ebb and that the said Bank called Southlake wall was and had been there time out of mind for safeguard of the same ground called Southlake mere aswell to defend it from the inundation of the Tides flowing in by the said River as of the fresh waters descending by that and other Chanels to the damage thereof And that there was in that ground a certain high way called the Drene extending it self through the midst thereof And that the said Abbot and all his Predecessors and Tenants of Othery had time out of mind maintained the said Bank called Southlake wall for the defence of that ground and way as aforesaid without that that there had been any Runes Sewers Gutters Trenches or Ditches in the said Bank called Southlake wall or of right ought to be and without that that any Runes were obstructed by that bank or any bank elswhere in Weston called Southlake wall as it was supposed by the said presentment and this he was ready to justifie by the Country And as to the Presentment of the two Weres called Tappyng Weres in the River of Paret by which the current of that water was hindred he said that he held the Mannour of Sowy as parcel of the foundation of his Church of Glastonbury as also a certain Floud-gate called Tappyng Were in the said River which is parcel of that Mannour and so supposed to be to the damage of the Country And said that the same Floud-gate had been there time out of mind and that he the said Abbot and all his Predecessors were seised thereof as parcel of the said Mannour and that it then was in bredth heighth and depth as much as it had been time out of mind and that the current of the said water was not any otherwise stopped than it had been time out of mind and that he was ready to make proof thereof by the Country And as to the presentment of the said pleck of Osiars so appropriated by him the said Abbot and his Tenants in Weston he said that it was amended and totally removed and that this he was also ready to prove And as to the planting of the said Trees and appropriating of the soyl he said that he was not guilty and that he was ready to prove it And because the said Tenants could not justifie that the said nusance was removed at the time of the said presentment they were amerced at half a Mark. And as to the Watâ—rcourse called Wythyrune which was obstructed as aforesaid the said Abbot and his Tenants of Wythies answered that the said nusance was amended at the time of the said Presentment and long before and that this he was ready to prove And as to the Presentment that he had suffered Trees in Monketan to hang over the River of Tone and overthwart the same so that Boats could not passe to and fro he said that those Trees grew above Bathepole mills where Boats never used to passe neither could or ought to do and that the said Trees were not any nusance all which he was ready to justifie And as to the Presentment that Bathepole mill was built in the midst of the River of Tone with stone VValls higher by six foot than they formerly had been And that there was also a Fulling Mill built there c. And likewise that the
Kings High way betwixt Taunton and Bathepole brigge was spoiled by the reflowing of the said water And that the Boats which had wont to have their passage with Merchandize from Briggewater to Taunton were hindred c. the said Abbot answered that the said Richard de Atton was seised of the said Mills and those other Lands and held them of the Abbot of Glastonbury his Predecessor as of his Mannour of Monketon and in right of his Church of Glastonbury and that he the said Richard and all they whose estate he then had in those Mills Lands c. had held them of the Predecessors of him the said Abbot by certain services time out of mind And forasmuch as the said Mills were grown old and ruinous he the said Richard did new build them and made them of the same height bredth and depth as they were before he so pulled them down and that this he was ready to prove VVhich said Mills with the Lands and Tenements aforesaid the said Richard by the Kings license then and there exhibited gave to one Walter Abbot of Glastonbury the preceding Abbot to hold to him and his Successors for ever And so said that the then Abbot held those Mills in form aforesaid without that that they were built higher in any sort other than is before alleged and that this he was ready to prove And he said that before those Mills were so new built by the said Richard the fresh waters descending into the said Chanel in great flouds did overflow the Meadows and Pastures adjoyning and also the before-specified Road-way betwixt Taunton and Bridgwater so that the overflowing of those grounds and prejudice to the same way was not at all worse after the said new building of those Mills than it had been before and that this he was likewise ready to prove And the said Abbot farther answered that he was not obliged to repair the said Kings high wayes so spoiled as by the before-mentioned Presentment was supposed in regard that neither he nor any of his predecessors nor any one whose estate he had in any of the Lands and Tenements aforesaid he used to perform such repairs in those wayes time out of mind and that this he was ready to prove And he said moreover that there was a certain place below the said Mills called Bathepole Crosse whereunto all the Boats coming from Briggewater towards Taunton by the same water and not above nor farther in the said River of Tone ought of antient time to go up or passe or could so do but had used to be unloaded there and this he was ready to prove And he likewise said that one Walter late Abbot of Glastonbury his predecessor then Tenant of those Mills within eighteen years before did of his own good vvill and not of right make a certain Chest of boards for the ease of the then Bishop of Winchester Lord of Taunton and put it into the poole of those Mills by which Chest the boats in time of flouds might be drawn up into the said poole by which means the boats being drawn by that Chest sometimes got up to the said Bishop's Mill called Tobrigge Mill without that that the said Boats did use to passe up towards Taunton in the same River of Tone any farther than the place called Bathepole Crosse time out of mind And without that that the Fish in the said River were more hindred in their passage towards Taunton than they had wont to be before the new building of the said Mills And as to the Presentment of certain ground in Monketon appropriated to the before-specified Abbot by the planting of VVillows and other Trees thereon by his servants and Tenants the said Servants and Tenants affirmed that the said nusance was amended and totally removed and that this they were ready to prove And the said Abbot likewise answered that as to the planting of the Trees and appropriating the soil in Monketon aforesaid he was not at all guilty and that he was ready to prove it And because his servants and Tenants did not deny that the said nusance was not removed at the time of the said presentment they were therefore amerc'd in half a Mark. All which things they the said Abbot with his servants Tenants being ready to prove they required judgement there in Whereupon a Jury being summoned to appear before the said Justices on Thursday in Easter week and there sworn did say that the said Bank called Southlake wall was in Othery which is parcel of the said Abbot's Mannour of Sowy and not in Weston and so was and had been time out of mind as the same Abbot had before pleaded And they said that there never were or ought to be any Sewers Gutters Trenches or Ditches in the said Bank and that no Runes were stopped by the said Bank as he the said Abbot and his Tenants had also pleaded And as to the two Weres called Tappyng Weres in the River of Peret they said that the said Abbot held the Mannour of Sowy as parcel of the foundation of that Monastery and that he had a Floudgate called Tappyng were in the same River which vvas parcel of the said Mannour and had been time out of mind And that the Watercourse there was not otherwise stopped than it had been from the said time as he had formerly pleaded and alleged And as to the Presentment of those Mills called Bathepole mills they said that they were old and ruinous and new built by the before-specified Richard after the great plague and of the same height and depth as they had been time out of mind and not otherwise so that neither the Lands Meadows and Pastures before-mentioned nor the High way betwixt Taunton and Bridgewater in Bathepole were drowned or prejudiced by the said new building of them in any other manner than as they had used to be in great Flouds and time out of mind as the said Abbot had also pleaded and alleged And as to the Presentment concerning the passage of Boats and fish from Bridgwater to Taunton they said that there was a place called Bathepole Crosse on the lower side of those Mills and that there all the Boats coming from Briggewater towards Taunton had used to be unloaded time out of mind and that they neither could nor ought of right to go farther And likewise that the said Chest for the drawing up of Boats neer to the said Mill was made by the said Walter late Abbot of Glastonbâ—ry Predecessor of the then Abbot about xvi years before voluntarily and not of any right for the ease of the said Bishop of UUinchester Lord of Taunton to draw his Boats to Tobrigge mill And they said that the Fish were not at all hindred to swim in that River any otherwise than what they had been time out of mind as the said Abbot did before plead and allege And as to the course of the water called Wythrune which was stopped they said that the before-specified nusance
was amended at the time of the presentment made and long before as the said Abbot and his Tenants of UUythies had also pleaded And as to the Trees growing athwart the River at Monketon they said that they did grow above those Mills â—here boats never came nor ought of right to come as the said Abbot had also pleaded And touching the pleck of Osiars they said that the same nusance was amended and totally removed as the Tenants of the said Abbot had also pleaded And as to the ground in Monketon appropriated by the said Abbot his Servants and Tenants by planting of VVillows and other Trees thereon they likewise said that the said nusance was also amended and totally taken away as the said Abbot had alleged Upon all which considerations it was determined that the said Abbot and his Tenants and Servants excepting the before-specified amerciaments should be dischardged In 11 R. 2. there was another general Commission directed to the Abbot of Glastonbury Nicholas de Audley Guy de Brienne and others for the view and repair of all the banks Ditches c. in this County In 2 H. 4. Sir Peter Courtney Sir Humfrey Stafford Sir William Bonville Sir Thomas Brooke Knights Iohn Strech and Iohn Manyngford were appointed to view and repair the banks c. at Bristoll Mertok Taunton Yevelchestre Welyngton Dunsterre Bruton and Severne and in all places betwixt Bristoll and Dunsterre and betvvixt Bruton and Severne to do all things therein according to the Law and Custome of this Realm In 6 H. 4. the Master of S. Marks House in Bristoll was dischardged from the repair of the Bridges scouring of the Ditches and making of Sluses in the Towns and places of Powlet Combwich Pyriton Huntspill and betvvixt Blakbrig and Purytonbrugg as also from the clensing the Chanell called Hyburne and likewise that which goeth from the Town of Cork running to Hyburne betwixt the Mannour of Stokeland which belonged to the said Master and the Mannour of Wyke which was the Lord Poynings And likewise for the Sluce of Thele for shutting out the sea-Sea-water and moreover for the stone bridge in the VVarth of Wyke In 5 H. 5. Sir Will. Botreaux Knight Thomas Chaucer and Richard Chedder Esquires Iohn Stourton William Sparow and Iohn Gregori of Bruton were assigned to view and repair the banks betvvixt the Cities of Bathe and Bristol and from Yilcestre Lamport Briggewater and Taunton and to proceed therein according to the Custome of the Marsh and the Law and Custome of this Realm The like assignation in 2 H. 6. had N. Bishop of Bathe and Welles Sir Will. Botreaux Sir Thomas Stowell Knights William Westbury Iohn Warre Iohn Stourton and Iohn Beaf for the banks in Brentmershe Wryngemershe and Pouldon and to do all things therein according to the Law and Custome of this Realm As also to take so many Labourers upon competent wages to be imployed therein as should be requisite in regard of the great necessity of expediting the vvork So also the next year following vvere Sir Thomas Broke Knight Richard Cheddre Esquire Iohn Marchant and William Newetone for those betwixt Yevelchestre Burneham and Welles and to act therein and imprest Labourers as aforesaid And in 33 H. 6. Sir Thomas Seymour Knight Robert Warre Esquire Alexander Hody Roger Fitz Iames Iohn Sidenham junior Iohn Porter and William Bodesham had the like appointment for the banks c. betvvixt the Town of Langeport-Estoner on the East side and the Town of Thurlokeston on the West as also betvvixt the Tovvn of Cory-Malet on the South part and the Tovvn of Briggewater on the North and to make Lavvs and Ordinances therein and to proceed in all things touching the same according to the Lavv and Custome of Romeney Marsh. And in 3 E. 4. Richard Chokke Sir Theobald Gorges and Sir Walter Rodeney Knights Iohn Fitz Iames senior and Robert Stowell Esquire had the like for the Banks c. from Ryngwelle to Haylake Yoo thence to Shestrygge Yoo thence to Colestoke and thence to Blakstake in the See and to proceed therein as abovesaid Thus much for the Commissions I next come to the Watercourses of Brent marsh and who did antiently repair them The Lord of Bageworthe ought to repair the Chanel from Blakelake unto the Sea And the Lord of Bitesham that from Winesbrugge to the Sea Philip the Son of Corbin that from Winesbrugge to Blakelake Hugh the Son of Auger and the same Philip from Hengestes mere to the Sea The second course from Hengestesmere to the Sea the same Hugh the son of Auger and the third course from Hengestesmere to the Sea Raph de Seinbarbe From the mouth of Mere to the Sea the Church of Glastonbury and from another part from Blakeswelleshevede to the Sea the Church of Glastonbury From Schipperide to Wakefen the Dean of Welles and so from Wakefen to the Land of Robert de Ewyas Lord of Hewisch and from Brodecrofte to the Mill of Geffrey Lord of Burham From Thipride to Baggepole the Dean of Welles and Lord of Blakeforde Also from Baggepole to Watebrok the said Lord of Blakeforde From Wathebrok the Dean of Welles upon his own Land and Robert de Countvile also for as far as his Land extended After him the Lord of Alnodestone beyond Aldodestone were beyond Wereham Bagerde superior and inferior to the Sea So also from Bethepulle unto the Land of Chalftone and from Ewendone and Chalftone unto Cosingtone and from Cosingtone to Honispel and thence to the Sea Sedgmore There is also in this County a large Fenny plain which being covered with water for the most part of the VVinter and in Summer affordeth nothing but Rushes Reeds and Sedge hath thence the name of Sedgmoore Over this level there is a fair Causey of stones and gravel from Somerton to Bridgwater about eight miles in length antiently made by one of the Abbots of Glastonbury as tradition saith which still bearing his name is called Graylock's fosse I do not find from the authority of any Records or other credible testimony that there was ever any endeavour used for the improvement of this Moor by drayning till of late dayes that King Iames of blessed memory making title to the soyl resolved to do it But as in most other places there be a perverse generation of people who of themselves are not content to sit still but will hinder others that would promote such laudable works for the publick good so was it here for divers there were that made opposition thereto But after a Bill exhibited in the Exchequer those opponents and the rest of the owners of the adjacent Lordships commoning with their Cattel upon this Moor discerning that they could make no justifiable claim to the soyl offer'd to assign unto the King four thousand Acres in lieu of his right thereto and to lay out the residue being nine thousand five hundred twenty and two Acres unto those their
that Margerie the VVidow of Robert de Botheby of Rihill conspiring cunningly to supplant him in his right caused the same trench in the said Kings absence from England to be stopt up and his Tenants of that Mannour who were at the making thereof to be impleaded by divers VVrits as trespassers to the said Margerie alleging that they had broken the Banks of a certain Sewer at Rihill aforesaid so that the water thereof by that breach did drown her lands that she could have no profit by them And that certain VVrits of Nisi prius for to take Inquisition upon the premisses were granted to the said Richard and VVilliam by which in case they should be taken or that there should be such proceedings therein he the said King might easily receive prejudice and disherison especially if thereby his said Tenants should be convicted of those trespasses for then it would appear that he had no right to make that trench Therefore the said King being desirous by all wayes he could to prevent such damage and disherison commanded the before-specified Richard and William that they should wholly supersede the taking of any such Inquisitions by virtue of his said VVrit of Nisi prius In 17 E. 3. Sir Thomas Ughtred Sir Gerard de Useflet and Sir Will. de Kednesse Knights Iohn de Bekingham and Iohn de Langeton were assigned to view the banks betwixt Turnbrigg neer Rouclif and the antient course of the River of Done in the parts of Merskland as also those upon the Rivers of Ayre Use and Done thereabouts which were then much broken by the flouds of fresh waters and to take order for the repair of them In the same year upon a Petition exhibited to the King in Parliament by the Inhabitants of Merskland in this County and they of â—xholme in Lincolnshire shewing that whereas King Edward the second at the sute of them the said Inhabitants suggesting that the River of Done which is the division betwixt the said Counties where the course of the water had wont to be aswell for the passage of ships from the town of Doncastre unto the River of Trent as for the drayning of the adjacent lands was obstructed by the Sea-tides and thereupon gave Commission to Iohn de Donecaster and others to clear the same and reduce it to it 's antient course VVhich Commissioners did accordingly cause a trench of xvi foot and one grain of Barly in bredth to be thereupon digged at the chardge of the men of those parts from a certain place called Crulleflet hill unto Denmyn and did thereby reduce that stream into it's antient course And that since the said trench so digg'd there were bridges floud-gates and divers other obstructions made anew in the said stream so that it had not sufficient bredth but that the passage of ships was hindred and the adjacent grounds overflowed he therefore constituted Roger de Newmarsh Thomas de Levelannor Iohn de Ludington and Iohn de Rednesse his Commissioners to remove those obstructions In the same year upon information by the Inhabitants of Rykhale Skipwith Eskrik Styvelyngflet Duffeld and Bardelby that the banks of a certain Sewer which passeth from the River of Ouse unto Rikhale were so low and ruinous at Rikhale that by the flowing of the Ouse entring that Sewer and going over the banks thereof divers lands and Meadows of the said Inhabitants of those places as also a certain Road-way which goeth from Hoveden to Yorke and another which commeth from Selby to Yorke through want of repair of those banks and raising them higher were many times overflowed so that the before-specified Inhabitants for many years past had lost the benefit of their said lands the King therefore assigned Will. Basset Sir Will. de Rednesse Knight Robert de Haldanby and Iohn de Bekyngham his Commissioners to enquire thereof and to redresse the same By virtue of which Commission they the said Robert and Iohn sate at Rikhale upon Friday being the Feast of the decollation of S. Iohn Baptist in the year abovesaid before whom Henry de Moreby and his Fellow Jurors being impanelled and sworn did present upon their Oaths that there was a certain Sewer at Ryhkale called Rykhaleflete in the land of the Bishop of Duresme and the Prebendary of the Prebend of Rykhale by which the waters that descended from the Fields of Eskrik Skipwith and Rikhall fell into the River of Ouse and had done so time out of mind and that the banks of the said Sewer and those lying near thereto upon the said River were so low and the same Sewer by the frequent ebbing and flowing of the Ouse so worn away and enlarged in regard that the course of that River from Rikhale towards the Sea was then more straightned than formerly by banks upon the verge thereof newly made for the safeguard of the Country in divers places which causing it in Floud-times to rise higher than usually did by it's entrance of that Sewer over those banks drown much land meadow wood and pasture belonging to the Inhabitants of Rikhale Skipwith Eskrik and Thurgramby so that they often lost their benefit of those lands through the want of repair and raising the banks of the same Sewer viz. of the Bishop of Dureâ—me his Lands about Lxiiij Acres of the Lands belonging to the Prebendary of Rikhale and his Tenants about an hundred Acres of the land of Iohn de Manesergh about xxx Acres of the lands belonging to the Abby of S. Marie in Yorke lying in Escrik Park about Lx Acres of the lands pertaining to Sir Raphe de Lascels Avice la Constable Nicholas Damory the Prioresse of Thikheve and her Tenants about Cxx Acres of the lands of Edmund de Averenges and Iohn de Skipwith about Cxx Acres And they also said that the Road-way which leadeth from Hoveden to Yorke as also that High way from Selby to Yorke were by reason of that overflowing of the water entring by the said Sewer so often drowned that no man could passe them And that one Will. le Mareschall by reason of the said overflowing was drowned in that Road betwivt Seleby and Yorke the year before and so likewise was one Walter Redhed at another time in a place called Welebrig overflowed in such sort by the said water And being asked through whose neglect it was that those banks were not repaired and who ought to repair them they answered that the Prebendary of the Prebend of Rikhale had in times past a certain Mill which stood in the said Sewer in a place called Rikhaldrun for his own private commodity and a pool raised to a certain height upon which pool was a Causey for the passage of Carts and Waines and under that pool a Sluse six foot in bredth for evacuation of the water descending from the before-specified fields by which Causey and Sluse the tides of Ouse coming up the same Sewer and flowing over the banks thereof entring the said pool were
Barston and Herthill and betwixt Use and Derwent And the next year following Iohn Moubray Thomas de Ingelby Henry de Barton and others had the like assignation for the Banks c. betwixt the Rivers of Ayre Ouse and Wâ—erfe and to act according to the Law and Custome of this Realm Several other Commissions also were directed to others for the view and repair of the same Banks and all such as were in decay in those parts viz. in the same year to Richard de Ravensere Provost of Beverly VVill. de Fyncheden and others for those upon the Rivers of Use Ayre and Done in the parts of Merskland and Osgodcrosse And to Thomas de Ingelby VVilliam de Fynchedon Will. de Galby Parson of Epworth and others for those in the parts of Balne and Mersland In 43 E. 3. to Sir Thomas de Metham Sir Roger Lascells Knights Roger de Fulthorpe and others for those upon the the coasts of Humbre Ouse Derwent Fulne Langedyke and Skelflete within the Liberty of Hoveden and VVapentake of Herthull and betwixt the Rivers of Ouse and Derwent In 44 E. 3. to Richard de Ravensâ—re Arch-Deacon of Lincolne Will. de Fyncheden Gerard de Usflet and others for those upon the Rivers of Ayre and Done in the parts of Merskland and Osgodcrosse And in the same year to Iohn de Moubray Thomas de Ingelby Henry de Bâ—rton and others for those betwixt the said Rivers of Ayre Ouse and Wherfe In 49 E. 3. to Thomas de Metham Wll. de Mirfeld Henry de Barton and others for those betwixt the Rivers of Wherf Eire and Ouse In 50 E. 3. to Roger de Fulthorpe Will. the Son of VVill. Skipwith Iohn de Brakenholme and others for those betwixt Ouse and Derwent In 51 E. 3. to Richard de Ravensere Clerk Roger de Fulthorpe Iohn Cunstable and others for those upon Use Ayre and Done in the parts of Merskland and Osgodcrosse So also to Roger de Fulthorpe Iohn de Aske VVill. the son of VVill. Skipwith and others for those betwixt Ouse Derwent Spaldyngmore and Hovedenshire To the said King Edward 3. succeeded his Grandson Richard the second who in the second year of his reign directing his Precept to Robert de Haldanby wherein he recited that his said Grandfather considering the waste and spoil whereunto the Country of Mâ—rskland in this County was subject to by the inundations of Humbre Ouse and Trent and that the chardge whereat the Inhabitants therâ—of had been for the defence thereof and still ought to be was so great through their losses by many flouds as that they were not able to withstand the approaching perils without help from others and therefore being most willing to provide for their succour did on the twenty fourth day of Iune in the 43th year of his reign grant unto them all Fines Issues Forfeitures and amerciaments then adjudged by virtue of his Commission to the said Robert and his associates or which might for the future be adjudged before them the said Commissioners then his Justices of Sewers in those parts in their several Sessions to be received and levyed by the hands of the Deputies for the Commonalty of that Country towards the support of their said chardge and expence By which Precept he commanded the said Robert that he should deliver the Extracts of the said Fines issues forfeitures and amerciaments adjudged before him and his said associates from the date of that Commission unto the death of the said King to the end that they might cause them to be levyed by those their Deputies and have them according to the tenor of the same Letters Patents In 4 R. 2. Richard de Ravenseere Clerk Iohn de Botheby Clerk Roger de Fulthorpe Iohn Constable Gerard de Usflet Thomas de Rednesse Iohn de Aske Robert de Haldanby Iohn de Sadyngton VVilliam de Swynflet and Thomas de Egmanton â— were assigned to view and repair those baâ—ks c. upon the Rivers of Use Eyre and Done in the parts of Merskland and Osgodcrosse So also in 6 R. 2. were Roger Fulthorpe Thomas de Metham Iohn de Aske Thomas de Saltmershe and Iohn de Kirkeby for those in the parts of Howedenshire In the same year the Inhabitants of Merskland before-specified and of the Isle of Axholme in Lincolnshire by their Petition to the said King wherein they shewed that whereas King Edward the second did at their humble sute constitute Iohn de Doncastre and others his Justices to clear the River of Done which is the division betwixt those Counties aswell for the passage of ships from Doncastre to the River of Trent as for drayning of the Lands adjacent which said Justices did accordingly cause the said Chanel to be digged from a place called Crulfrethill unto Demmyn in bredth xvi foot and one grain of Barly at the chardge of the said Inhabitants of those parts and thereby reduced the same water into it's antient course and that since the said clensing thereof there were certain bridges and other obstructions made therein so that the passage of ships was again hindred The said King therefore issued out his Commmission to Roger de Fulthorpe Robert de Morton Robert de Haldanby Will. de Swynflete and Robert Gaâ—ke to enquire thereof and to make such redresse therein as should be expedient in that behalf In 7 R. 2. the same Roger de Fulthorpe Stephan del Fall Iohn de Aske Thomas de Saltmersh and Iohn de Kirkeby were constituted Commissioners to view and repair the Banks c. in the parts of Howedeneshire and Wapentake of Herthill and betwixt the Rivers of Ouse and Dexwent The like Commission in 12 R. 2. had Sir Philip Darcy and Sir Will. Fitz Knights Iohn Woderove of Dransford and Thomas Maunsell for those betwixt Ayrmyn and Ferybrigg So also in 15 R. 2. had Sir Iohn le Scrope Sir Gerard de Ousflet Sir Thomas de Redenesse Iohn Woderove and others for those upon Ouse Ayre and Done in the parts of Merskland and Osgodcrosse in this County and to do all things therein according to the Law and Custome of this Realm And in 17 R. 2. Sir Philip Darcy Knight Iohn Wodâ—ove William Gascoigne Thomas Maunsell and Iohn Nevill had the like for those banks c. betwixt Eyrmin and Feribrigg on the South part of Eyre and Brotherton and Neweland on the North side with direction and power to proceed therein according to the Law and Custome of England and the Custome of Romeney Marsh till that time used As also to imprest so many Diggers and other Labourers as they should think fit to imploy in that work allowing them competent wages in regard of the urgent necessity for the expediting thereof In 21 R. 2. upon a sute in the Kings Bench for the clensing of a certain Sewer called Poldike betwixt Hamercon and Non Monketon
the Abbot of Fountaines was dischardged from the making and repairing a bridge called Wethington brigge lying betwixt Wethington and Thorpe Underwode In 1 H. 4. upon a Commission directed to Laurence de Allerthorpe then one of the Barons of the Exchequer Sir Thomas Metham Sir Will. Chetwyn Sir Gerard Ursflet Knights Will. Gascoigne Robert Thyrwhyt Robert de Waterton Hugh de Ardern Will. Hundegate and VVilliam Lodyngton for the view and repair of the Banks Ditches c. betwixt the Town of Pokelyngtone and the Rivers of Humbre and Derwent as also within the VVapentake of Herthill and liberty Hovedene whereby they were appointed to act according to the Law and Custome of this Realm the said Justices sate at Hovedene upon Thursday in Easter week in the year abovesaid before whom the Jurors presented upon their Oaths that there was a certain VVatercourse called Poklyngton bâ—k which had used to run directly ..................................... Hâ—re the Record is obliterated by moisture and dust in at least xl lines ...... And the said Robert ....... ought to repair all the VVatercourse of Foulnay aforesaid in form aforesaid unto the North part of Morgramenge for his Tenements in Holme aforesaid And that from thence Sir Gerard Salveyne Knight was obliged to repair the said VVater-course in form aforesaid unto the water of Peter de la Hay called Botelere water and from the beginning of the said Boteler water the said Peter was to repair the same in form aforesaid unto the water called Mallorys water for his lands in Spaldyngton And from the beginning of the said Malloryswater Sir Iohn Mauleverere Knight was bound to repair that whole VVatercourse of Foulney aforesaid in form aforesaid unto the water of the said Robert Constable for his lands also in Spaldyngton And from the beginning of the water of the said Robert Constable the said Robert ought to repair all the said Chanel of Foulney unto the water of the Prior of Ormesby for his Lands in Holme aforesaid And from the head of that water of the said Prior he the said Prior to repair all the course thereof in form aforesaid to Wâ—llumbrygge and Spaldyngholme And from thence Ioan the Widow of Iohn de Aske for the lands which she held for term of her life by the grant of Sir Hugh le Despenser Knight in Birsay the Prior of Ormesby for Spaldingholme Sir Robert Constable Knight for his Teâ—ements in Holme aforesaid Sir Thomas Bosvyle Knight and Anthony Bosvyle for his lands in Birsay and Peter de la Hay for his lands in Spaldington to repair the same VVatercourse of Foulney towards the VVest from the mid-stream therof for xij foot in bredth unto the traverse of Hebeldyke And that the Prior of Wartre ought to repair the said VVater-course of Foulney on the East part from Wellumbrygge aforesaid towards his own Land unto Hebeldyke aforesaid for xij foot in bredth And from thence Sir Thomas Bosvyle Knight and Anthony Bosvyle and Ioan the VVidow of Iohn de Aske for their Tenements in Birsay to repair the same for the bredth of xxiiij foot to a certain water belonging to the said Ioan. And she the said Ioan to repair hers to a place called Fochâ—eneere for her lands in Birsay And from thence she the said Ioan and they the said Sir Thomas and Anthony for their lands in Birsay to repair the same unto the water of Peter de la Hay there And the said Peter to repair his water for his lands in Spaldyngton in the land of the said Sir Thomas and Anthony Bosvyle And the said Sir Thomas and Anthony to repair theirs unto the water of Will. de Waldeby in Portington And the said William to repair the same from the head of his water for one Rode towards Metham enge And they said moreover that from thence Sir Thomas Metham Knight was bound to repair all the current of the before-specified water to Stokholme in Birsay towards a Meadow called the Hal enge otherwise called Metham enge in respect of that Meadow and thence to the West part of Constable Enge And that Sir Thomas Metham Knight for his Tenements in Birsay Ioan the VVidow of the said Iohn de Aske for her Tenements there and Sir Gerard Salveyn Knight for his Tenements in ...... â—me were to repair the same in form aforesaid And that Sir Robert Constable Knight was to repair the same Chanel towards his said Meadow called Constable enge And they said that the before-specified Beatrice the Prior of Wartre the Prior of Ellâ—rton William VVright Robert Constable Isabell VVill. de Thoxe Richard Simolfe VVill. Peresson Iohn Hastynges the Abbot of Seleby Iohn de Pothowe Iohn Wiltshire and Blanche Peter de la Hay Robert de Bevere Gerard Salvaine Iohn Maleverer the Prior of Ormesâ—y Ioan the VVidow of Iohn de Aske Thomas and Anthony Bosvyle Wil. de VValdeby and Thomas de Metham who ought to repair the said VVater-course of Foulnaye ought of right to have several fishing in those places where they or any of them did clense or maintain the same VVhereupon the Shireeve was required to summon the said Beatrice the Prior of Wartre and all the rest above-mentioned to answer c. Who came accordingly by their Attornyes and it being demanded of them what they had to say why they ought not to repair the said Chanel of Foulney in such sort as they had been presented they answered and severally said that they could not deny but that the same Chanel was obstructed and not scoured in those places in such manner and form as was presented and that they ought to clense and repair the same therefore they were severally amerâ—'d c. And the said Shireeve had command to distrain them to the end that he might be secured that the same water-course of Foulney should be well repaired as often as need did require And they presented moreover that Sir Robert Constable Knight thâ—n Lord of Holme in Spaldyngmore ought to repair the whole water-course called Langedyke from Constable Enge unto Whalsaye Ditch and that the same Chanel from Langedyke to Skelflete and from thence to Humbre ought to be xij foot broad and six foot deep And that the Prior of the Hospital of S. Iohns of Ierusalem in England ought to repair the said water-course of Langedyke below Whalsaye to Hotham Kerre in respect of his Lordship of Whalsaye and that the said water-course was then stopped and not scoured VVhereupon the Shireeve was commanded to summon the before-specified Robert Constable to answer c. who appearing accordingly could not deny but that he ought to repair and maintain the said water-course and therefore he was amerc'd And they likewise presented that there was a certain watercourse called Alderwent descending from a place called the Bothe hill in Queldryk unto the land belonging to the Chapel of our Lady of Storthwayt and thence to a place called the Halle bank in Storthwayt and thence to Middilhilbrygge in Est Cottyngwithe and thence
the above-specified presentment the said obstruction was supposed to be and thence unto Hovedene and divers other places And they said that the same Henry and others by the appointment of the said Sir Stephan did cast earth and sand there for the amendment of that way without that that there was any antient watercourse descending as abovesaid into Temple damme as it was presented and desired that the Country might enquire therof And the said Jurors also said that there was not any common or antient watercourse descending from Thornton damme aforesaid unto Temple damme as had been alleged wherefore the said Sir Stephan and Henry were dischardged And the same Jurors likewise presented that a certain watercourse called Newe Derwent from the end of Hovedene Town viz. from the way from Hale to Dykysmin was obstructed and ought to be repaired by the Towns of Hovedene Knedelyngtone Askylby Kylpyn Neusome Brend Spaldyngtone Kayvill and Thorpe VVhereupon the Shireeve had command to summon the Inhabitants of the said Towns c. whereof they of Hovedene Knedelyngtone Kylpyn Kayvill and Thorpe appearing severally said that they could not deny but that they ought to repair the same water-course in manner and form aforesaid therefore they were amerc'd And the said Towns of Askylby Neusome Brend and Spaldyngtone severally answered that they ought not to repair that water-course as it had been presented and did therefore request that the Country might enquire thereof VVhereupoâ— the Jurors being called said that the before-specified Towns of Askylby Newsome Brend Spaldingtone ought not to repair the same and therefore they were then dischardged And they moreover presented that a certain watercourse called Ruddeflete descending from Wallyngfen to Ruddeflete and so by the Milne damme of Brounflete to Humbre was obstructed and that William then Master of the Hospital of S. Leonard in Yorke ought to repair the same And that there was a certain watercourse called Hodflete descending from Wallyngfen to Humbre which ought to be repaired by the said Master whereupon the Shireeve had command to summon the said Master c. who appearing could not gainsay but that he ought to repair the same therefore he was amerc'd c. and the said Shireeve was commanded to distrain him And they also presented that there was a certain watercourse called Frisdyke which was totally obstructed so that the adjacent grounds were thereby drowned and that it ought to be repaired by Sir Stephan le Scrope of Masham Knight Lord of the Mannour of Faxflete .......................... And as touching the plaae called Whitenge to the River of Humbre they said that the before-specified Master of the Hospital of S. Leonards in Yorke ought to repair the same whereupon the Shireeve had command to summon him the said Sir Stephan who accordingly appearing by his Attorney answered that he could not gain-say but that he ought to repair the said water-course from that place called Whitenge unto Oxmer dyke as it had been presented therefore he was amerc'd and the Shireeve commanded to distrain him c. And the said Master also by his Attorney answered that he could not deny but that he once did together with the said Stephan repair the same watercourse from that place called Whitenge unto the River of Humbre that is to say the said Master the one half thereof and the said Sir Stephan the other half therefore he was amerc'd c. And they lastly presented that a certain watercourse called Daneldyke through which the water of Neusome Park did passe to Alderwent near Lostsome was stopped and ought to be repaired by the Town of Newsome and by the Landholders in Neusome bordering upon the said water-course whereupon the Shireeve had command to summon the Inhabitants and Land-holders abovesaid who appearing accordingly said that they could not deny but that they togethâ—r with the Towns of Lostsome Askylby and Barnby near Hovedene ought to repair that watercourse therefore they were amerc'd In the same first year of King H. 4. Sir Iohn le Scrope Knight Sir Gerard de Ouseflete Knight Thomas Egmantone Robert de Haldenby Richard de Nortone Will. de Lodyngtone and Nich. Rosselyn were assigned to view and repair the Banks and Ditches c. upon Ouse Ayre and Done in the parts of Merskland and Osgodcrosse in this County and to proceed there according to the Law and Custome of this Realm So also in 3 H. 4. were Edmund Duke of Yorke Sir Gerard Sothill Knight Robert Tirwhyte Iohn Rome Clerk Iohn Gaytesford Thomas Brunham Will. Ludyngton Edm. Fitz William Thomas Sheffield and Thomas Egmanton for the banks c. in the Isle of Axholme in Lincolnshire and betwixt the water of Bykersdyke on each side in the County of Notingham and the River of Done on each side as well in this County as in Lincolnshire and the confines of them from the Town of Doncastre to the River of Trent and to do all things therein according to the Law and Custome of this Realm And in 8 H. 4. Henry le Scrope of Maâ—ham William Gascoigne Alexander Metham Thomas Bromeflete Richard Tirwhyt Alexander Lounde Hugh Arderne and Wil. Roâ—â—elyn had the like assignation for those banks upon the coasts of Humbre and Ouse from the River of Derwent to Hesyll and to proceed therein likewise according to the Law and Custome of this Realm By virtue of which Commission the said Henry le Scrope with his associatâ—s met at Hovedene upon Saturday next after the Feast of S. Laurence in the year abovesaid before whom the Jurors of divers Wapentakes of this County on the coasts of Humbre and Ouse from the River of Derwent to Hesill did present that there was and had been time out of mind a certain common Sewer called Aldederwent which did reach in length directly from the town of Hovedene betwixt the marsh and town of Knedellyngtone Askilby and Barneâ—y in Hovedenshire on the South part and the land of the Tenants in Hoveden Bernhill the Towns of Newsome and Lostsome in Spaldyngmore on the North part to the River of Derwent towards the West and so by the said River of Derwent unto the Ouse which ought to be xii foot in bredth and six in depth VVhich said Sewer the towns of Neusome Lostsome Birnd Knedyllyngtone Askilby and Barneby of right ought to clense and maintain by reason of their Lands and Tenements lying in those â—owns And that the said Sewer was not then repaired through the default of the Tenants of Nâ—wsome Lostsome Birnd Knedyllyngtone Askylby and Barnâ—by aforesaid And they also said that the before-specified Sewer betwixt Barneby mersh on the South part of the same and the land of Thomas Haukesworth in Lostsome on the North part aâ— the head of the said Sewer towards the VVest neer the said River of Derwent had bâ—en newly obstructed by the said towns of Newsome Lostsome Birnd Knedyllyngtone Askylby and Barneby insomuch as the lands on each side the same Sewer were
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
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
afterwards to the same purpose viz. in 25 E. 3. to Will. Basset Thomas de Swinford Will. de Clive Thomas Levelance Will. Wascelyn and Thomas Degmanton for all the Banks and Sewers within this Isle In 26 E. 3. to Raphe de Wilughby Will. Basset Will. de Skipwith Illard de Usflete Robert de Haldanby Iohn de Lasing croft and Iohn de Flete of Bulwiche for those upon the Rivers of Trent and Done within the Hundred of Crulle In 39 E. 3. to Iohn Tours Will. Wascelyn and Raphe de Burnham for those upon the Rivers of Done Idel and Bekersdik in this Isle VVherein they were directed to proceed according to the Law and Customes of this Realm In 40 E. 3. to Thomas de Ingelby Will. de Fyncheden Will. de Galby Parson of the Church of Epworth and others for those in the parts of Balne and Mersland and Lordship of Haitfield in the County of Yorke as also within this Isle and Soke of Crulle in this County The like Commission had the said Thomas and William with Roger de Kirketon and others in 41 E. 3. So also in 43 E. 3. had Master Iohn de Burnham Will. de Galby Clerk Richard Poutrell and others for those in this Isle betwixt Butterwyk and Gunthorpe In 2 R. 2. to Henry Percy Earl of Northumberland Will. de Skipwith Roger de Fulthorpe Henry Asty Iohn Poucher Thomas de Burnham and William de Topclyf for those betwixt Bykerdyke and Doneheved throughout all this Isle and the Soke of Crulle then in decay through the forcâ— of Trent And in 7 R. 2. to Thomas de Moubray Earl of Notingham Sir VVill de Willughby Knight VVill de Skipwith and others for all those in this Isle as also betwixt Bykersdyke on both sides in Notinghamshire and the River of Done in Yorkeshire In 1 H. 5. VVill. Lodyngton Thomas Egmanton and Iohn Dowenay Rob. VVaterton and Edmund Fitzwilliam being constituted Commissioners for the view repair of the Banks and Sewers in the Soke of Crulle and this Isle of Axholme and betwixt Bekerdyke on each side sate at Crulle upon the monday next after the Feast of the Nativity of the blessed Virgin in the year abovesaid before whom the Jury then presented that one Geffrey Gaddesby late Abbot of Selby did cause a strong Sluse of wood to be made upon the River of Trent at the head of a certain Sewer called the Mare dyke of a sufficient height and bredth for the defence of the tides coming from the Sea and likewise against the fresh waters descending from the VVest part of the before-specified Sluse to the said Sewer into the same River of Trent and thence into Humbre and performed the same upon his free good will and Charity for the ease of the Country VVhich said Sluse certain unknown persons Inhabitants of the Lordship of Haytfield pulled down in the time of Iohn de Shireburne late Abbot of that place and next successor of the said Geffrey And they said farther that it would be very necessary that the before-mentioned Abbot if he pleased should cause to be there made without the said Sluse towards the River of Trent at the Feast of Easter then next ensuing one demmyng for that present And they also said that for the future the said Free-holders as also the said Towns and every of them might clense and scour the said Sewer called the Mare dyke according to the proportion belongâ—ng to each of them therein from the said Sluse to the bridge of Ludington called Lane end brigg VVhereupon the Shireeve was commanded to summon the said Abbot Richard Amcotes and the rest to appear before the before-specified Commissioners at Crutl aforesaid on the Tuesday next before the Nativity of the blessed Virgin then next ensuing to answer c. At which day they all came accordingly and could not gainsay what had been so presented by those Jurors And long after this scil in 5 E. 4. Sir Thomas Burghe and Sir Robert Constable Knights Iohn Nevill Robert Sheffield junior Thomas Moigne Richard Haunserd of Ouresby and others were constituted Commissioners for the view and repair of the Banks and Sewers throughout this Isle as also betwixt Bykersdyke on each side in the County of Notingham and the River of Done on both sides in the County of York and within the VVapentake of Manley Yereburgh Coryngham Aslakhowe and Walshcroste in this County of Lincolne and to make Statutes and Ordinances therein consonant to the Laws of the Realm and Custome of Romeney marsh As also to imprest so many Labourers as they should think necessary for that work upon competent wages in respect of the great necessity for hastening thereof Having thus traced down the successive Commissions for improvement of the Marshes in this Isle by banking and drayning untill after the Stâ—tue of 6 H. 6. VVhich Statute prescribing a form for all that should be issued out after that time throughout this whole Realm wherein direction and power is given to those who are to be imployed therein to make and ordain necessary and convenable Statutes and Ordinances for the salvation and conservation of the Sea-banks and Marshes and the parts adjoyning thereto according to the Laws and Customes of Romeney marshâ— and likewise to hear and determine all and singular complaints that shall come before them touching that businesse according to the Laws and Customes of this Realm and the Customes of the said Româ—ney marsh appointed also that upon great and urgent necessity they should take and put into the said works and reparations as many Ditch-makers and other Labourers upon competent wages as might be sufficient to perform that service it will not be necessary as I conceive to give farther instances of this kind I shall therefore descend to that great and no lesse commendable work which was undertaken shortly after the beginning of the late King Charles his reign not only for the drayning of all the surrounded Marshes of this Isle but of the adjacent Fenny grounds lying in Yorkeshire viz. Hatfield Chase and Dikesmersh VVherin I may not omit to observe that the overflowings of the fresh waters over tâ—at whole Level was such by reason that the before-specified Rivers of Idel Bickers dyke Turne Done and Ayre were obstructed in divers places with so much silt and other impediments chiefly contracted by the dayly tides as I have before declared that not only in winter but even in the Summer time Boats laden with plaister have passed over that part thereof called Hatfield Chaâ—e to a place called Hollen brigge near Hatfield Woodhouse the water upon the drowned grounds being about three foot deep and the Fishers house called Steere's lodge standing on ground thrown up and raised three or four foot above the level often drowned Neither was Haxey Carr lesse overwhelmed large Boats laden with xx quarters of Corn usually passing over it from the River
his associates above-mentioned did declare that upon view and perambulation through the said levell they adjudged that the said Sir Iohn Monson had sufficiently drayned and recovered those surrounded grounds according to the first undertaking therein And that therefore considering the great chardge which he the said Sir Iohn haâ— been at therein and the advantage which had already accrued and would farther accrew to the Lords and owners and all others interessed in the same as also the further chardge which he the said Sir Iohn was like to sustain therein did adjudge to him the said Sir Iohn and his heirs the before-specified quantity of five thousand eight hundred twenty and seven acres according to the Statute de terris mensurandis of the said Fenny grounds to be severed and divided in such sort from the said other grounds as he the said Sir Iohn Monson his heirs or assigns should think most convenient VVhich said number of Acres were accordingly assigned out of the several Lordships c. so drayned according to a particular schedule whereby the number out of each is exprest All which was exemplified in the said Kings Letters Patents dated at Westminster 24º Februarii 15º Caroli the said Commissioners and every interessed person seeming very well satisfied therewith Neverthelesse of such pernitious spirits were divers of the Free-holders and Commoners that taking advantage of the late troubles in this Realm they did about the beginning of the late warrs re-enter upon those lands by reason whereof not only the works became neglected but the drayns have been filled up and Sluses decayed And though the said Sir Iohn Munson made his complaint to those who of late years took upon them regâ—l power under the name of the Parliament of the Common-wealth of England yet did he obtain no redresse therein CAP. XXIX I Now come to those Banks and Sewers in the other parts of this Province of Lindsey whereof some do lye upon the South side of Humbre and the residue upon the Sea coast The first mention of these wherewith I have yet met is by a Fine levyed at Lincolne upon the morrow after the Feast of the blessed Virgins Purification in 41 H. 3. before Iohn Abbot of Peterborough Roger de Thurkelby Peter de Perci Nicholas de Hanlou and Iohn de Wyvile Justices Itinerant and others betwixt Raphe Abbot of Croyland Gilbert de Gaunt Robert de Welle Robert de Wilgeby Nicholas de Grendale Iollane de Hamby and Gilbert de Orreby Plantiffs and William de Gaunt and Alice his wife deforciants concerning a certain Sewer which they claimed to have in the lands of the said William and Alice in Munby and Hoggesthorpe By the which Fine the said William and Alice did grant for themselves and the Heirs of the said Alice that the before-specified Abbot and his successors as also the said Gilbert de Gant and the rest and their heirs together with all the Tenants of the Fee of Guy de Crun Gilbert de Gaunt and Robert de Tatersale betwixt the Towns of Brunthorpe and Orreby should have a certain common Sewer through the midst of the lands of the said William and Alice and the heirs of the said Alice in Munby and Hoggesthorpe of xxiiij foot in bredth for the drayning of all their lands within that Fee saving that the said Gilbert de Orreby and his heirs should not drayn above three hundred Acres of land so that the same Sewer should begin from Frethermersklide and so extend it self to the Sea by these following bounds viz. from Frethermersklide to Kamericroft thence to Grimescrike and so through the midst of Haverholm and the midst of Boyntoft Common unto the Sea-bank thence to a certain bank called Nâ—w Haven through the middle of the Fen unto the Sea and that the said Abbot and his successors as also the said Gilbert Robert c. and their heirs should have liberty to scour clense and repair the said Sewer and cast the earth on each side thereof at their pleasure without the impediment of the said William and Alice and the heirs of the said Alice for ever For which grant and concession the said Abbot Gilâ—ert Robert c. gave to the said William and Alice the â—umm of xxl. sterling And the said Abbot for himself and his successors as also the said Gilbert Robert c. for themselves and their heirs did then Covenant to make and maintain three Bridges over the same Sewer at their own proper costs and chardges by which Carts and Carriages might have passage and likewise one bridge betwixt Frethemskilde and Camericrofte and two bridges betwixt Haverholme and the Sea-bank and one bridge for foot folk betwixt the Church of Munby and the Chapel of S. Leonards in that Town and moreover a certain Gutter at the Sea-bank by which the water which cometh through the said Sewer may alwayes passe into the Sea so that if the said Abbot or his successors and the said Gilbert Robert c. or their heirs should fail in maintaining and repairing the said Sâ—wer Bridges or Gutter it might be lawful for the said William and Alice and the heirs of the said Alice to distrain their Cattel found in any of the lands of the said Fee untill the repairs of the said Sewer Bridges and Gutter should be repaired After this viz. in 8 E. 1. the King directed his VVrit to Iohn Beke and the Shireeve of this County commanding them to enquire by the Oaths aswell of Knights as other honest and lawful men within his precincts whether it would be to the damage of the said King and the Inhabitants of this Country if the course of the River of Friskeney were diverted and brought into the Town of Grimesby for the better opening of that Port which was then so filled up with silt and mud by frequent inundations that ships could not have free ingresse and egresse out of it VVhereupon a Jury being accordingly impanelled and sworn did say upon their Oaths that the said River might be so diverted without any damage to the King but to the prejudice of divers of the Country viz. of William de Apeltrefeud who then had the seat of a Mill which he might if he pleased new build whereby it would yield him four pounds and tâ—o shillings by the year And that it would be to the damage of Sir Walter de la Lynde two shillings which he had wont to receive for drying of Nets upon his land And to the damage of Gilbert of Little Cotes Robert de Kirketon Sir Walt. de la Lynde Philip de Wynelesby and their Tenants four shillings and four shillings yearly for two acres and an half of pasture And they said that if it hapned the same water of Friskeney to passe by Milnewell Creeke the Town of little Cotes would lose it's Common of pasture of two hundred Acres and more except they should have a sufficient Bridge for Carriages and Cattel to their said
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
Thornburgh and others for those Banks and Sewers from Skegnes and Dodyngton-Pygot to Tyddegote In 7 E. 4. Thomas Kyme of Friskeney and others had the Port of Waynflâ—te to ferm with Market and Wind-mill as also the Court of the said Market and Haven and fishing within the same paying xxl. yearly and supporting all chardges belonging to the said Haven Mill and fishing In 49 H. 6. Iohn Bishop of Lincolne George Duke of Clarence Richard Earl of Warwick and Salisbury Sir Humfrey Bourchier Lord Cromwell Sir Gervase Clyfton and Sir Will. Skipwith Knights Robert Taylboys Esquire and others had Commission for the view and repair of all the Banks and Sewers throughout this whole Province The like Commission in 12 E. 4. had Sir Richard Hastyngs Sir Thomas Burgh and Sir Will. Skipwith Knights Robert Taylboys Robert Ratclyf and others So also the same year had Thomas Prior of Spaldyng Richard Welby Leonard Thornburgh Richard Pynchebeck Iohn Bolles Robert Dokkyng and others for those from Dodyngtone-Pygot to Tyd-gote and thence to Skegnesse By all which Commissions since 6 H. 6. power was given to the persons before-mentioned and their associates to act therein according to the Custome of Romeney Marsh as abovesaid In 4 E. 6. VVilliam Lord VVilloughby of Parham Sâ—r Edward Dymok and Sir Iohn Copeldyk Knights George S. Poll and others Commissioners of Sewers by a Decree made at Wrangle on the first day of September ordained that the Inhabitants of the Soke of Bullingbroke together with Sir VVilliam Brereton Knight the Lord of Dalby and the Kings Fermour of his fishing at Waynflete and all others drayning thereby should clense scour and dyke the Haven of Waynfleâ—e from the AE end unto the Sea in bredth xxij foot at the top and in the bottome xiij And in depth from the Chanel downwards three foot to be done before the Feast of S. Peter ad Vincula then next following And that a sufficient Gote or Clow set up at the outer end of the same Haven for stopping of the salt water out of the North part thereof should be made there at the costs of the Inhabitants of the said Soke the Lord of Dalby and the Kings Fermours of his fishing there And moreover that an old Gote anâ— Dreyner called Symond's gote extending in length from the deep of the East Fen unto the Fen bank and from that Fen bank to the Sea which was then decayed for lack of scouriug should be sufficiently clensed So likewise the Dyke and Sewer extending from the Deep of the Fen unto the Fen bank Also that there should be two Gotes made of the said Drayner and Sewer the one at the Fen bank and the other at the out end of the Sea at the costs of the Inhabitants of the said Soke and the Inhabitants of such towns and the Landlords therein who had before that time been chardged betwixt the Fen bank and the deep of the said Fen and all to be done before Martinmasse then next ensuing And farther than this wherein I have given instance I shall not descend to any more particulars till the time of Queen Elizabeth that Thomas Quadring Hamond Upton Thomas Marsyngberd and others then Commissioners of Sewers sate at Partenay on the 22th day of Iuly in 2 of her reign for the setling of all things touching the repair of the Banks and Ditches in this Provicne before whom the Jurors then presented that there was one Sea-bank new made in Skegnes to begin at a place called Ranson hyrne and to be xl falls in length from the North end of the said Ranson hyrne towards the South and so to be joyned and closed unto the old bank which said Sea-bank to be fifty foot in the skirt fourteen foot broad on the top and xij foot in height and to be made by the Land-holders in Skegnes aforesaid And they likewise at that time presented that the old Sea-bank ought then to be repaired for it's better withstanding the rage of the Sea Also that another new Sea-bank should be new made within the limits of Skegnes aforesaid from one slaver there wâ—ich goeth up the lands late belonging to Charls Duke of Suffolke unto the South end of the Gild Hall which new bank to be xx falls in length and to stretch from the said Gild-Hall to the old Bank and be made by the said Land-holders Likewise that the old Sea bank in Skegnes called the Haven bank should be repaired where defect was Also that Wainflet haven being defective for want of scouring from the Crosse at the Eyes end into the Sea that being a necessary drayn for the Soke of Bullingbroke and heretofore diked and scoured by the Inhabitants thereof and to be done before the Feast of S. Iohn Baptist next following Moreover that a place there called Guddyke which leadeth from the Eyes end to the Fen be also scoured viz. two parts thereof by the said Queen or her Fermour for the fishing there and the third by the Lord of Dalby as had been accustomed And that a new Gote or Clow be set in Waynflet haven within ten falls of Thorpe and Waynflet Sea-gote and a Bank on the South side of the said Haven from the said new Gote unto the .......... and that the Inhabitants of the seven towns in Holland should be at the chardge of setting up the said new Gote in respect of their benefit of common in the East and VVest fenns Also that the Bank to be then made between the new Gote and Thorpe be done viz. three parts thereof at the chardges of Hamond Upton Esquire one of the Commissioners above-mentioned and the fourth at the chardges of Iohn Whiting Rob. Whiting and the bank on the South side of the Haven to be don by the Soke of Bullingbroke Likewise that a new Gote be set at the Fen Dyke bank to take in fresh water by it to be done by the Inhabitants of Waynflete S. Mary And another Gote called Dayles gote and another to be set fourscore falls beneath the old Sea Gote both to be done by the Land-holders in Waynflet S. Mary aforesaid And that a new Cryke of xxx foot wide and six foot deep be made from the said new Gote unto the old Gote and beneath the said new Gote another new Cryke made from the said new Gote unto the old Cryke to be done by the Lords and Land-holders in Waynflet S. Mary and on either side the said Cryke a sufficient Sea-Bank to keep out the flouds of water And they also presented that one petty Gote should be made in Crosse gate against nine Acres of Mr Dyghtons and another in Westgate against Thomas Harrysons Acre as also a spout in Hall gate another in Somergate and another in Acregate Likewise that a spout be made in Waynflete All Saints over the gate on the North side of Burflet at the chardge of the holders of the Lands which did drayn it And that another
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
therein to the said Commissioners at Sleford And about two years after this there was a Presentment made in the Court of Kings Bench that the Chanel of this Rivâ—r in Wildemore neer Coningesby was bending and defective betwixt the said River and a Sewer called Muardyke in Coningesby so that the Marshes of Wildemore and Bolingbroke were overflowed and drowned thereby and that this was through the default of the said Town of Coningesby who ought to repair the same In 1 R 2. William de Skipwithâ— Raphe de Threske William Vincent and William de Candelesby were constituted Commissioners for to view the defects in repair of a certain Ditch lying betwixt Snartford bridge and the before-specified River of Wythom and to enquire who ought to repair the same And in 6 R. 2. the King being informed that the said River of Wythom as also that of Brant and certain Ditches and places whereby divers waters in the County of Noâ—ingham and this of Lincolne did and had used to run from the Town of Cleypole and so down by Lincolne unto the same River of Wythom were so choaked up with mud and obstructed with the planting of Trees that by reason thereof and of certain Floud-gates the current of the said water being hindred the lands meadows and pastures of divers persons had been very often overflowed and did at that time so continue he assigned Iohn Bussy Henry Asty Thomas Claymond and others to view the same and to make the said Chanels and Ditches larger so that they might be xl or xxx foot wide betwixt the Banks and ten foot in depth The like assignation had William de Crosseby Iohn de Rocheford of Boston Iohn de la Launde of Pynchebek Thomas de Tofte and Iohn Waleys in 18 R. 2. for the view and repair of those Banks and Sewers betwixt Hill dyke and Bullingbroke and betwixt this River of Wythom and the Sea and to do all things therein according to the Law and Custome of this Realm and according to the Custome of Romeney marsh As also to take so many Diggers and Labourers upon competent salaries in regard of the then urgent necessity as should be sufficient to accomplish that work So also in 3 H. 5. had Sir Robert de Wylughby and Sir Thomas de Wylughby Knights Iohn Cokayn William de Lodyngton Iames Strangways and others for all the Banks and Ditches from this River to the Sea and to proceed therein according to the Law and Custome of this Realm CAP. XXXII Observations touching the whole Great Levell HAving now done with all the Marshes situate within the Province of Lindsey in this County and continning still my course South-East wards I come next to that Great Levell which extendeth it self from about Halton Toynton in Lincolnshire through a good part of six Counties viz. Lincolne Norfolk Suffolk Cambridge Huntendon and Northampton being in length no lesse than Lx miles and in bredth from Peterborough in Northamptonshire to Brandon in Suffolk neer fourty miles all which excepting the Isle of Ely and some few places of that Kind as also Holland in Lincolnshire and Marshland in Norfolk both which have been long ago by great industry gained from the Sea as I shall clearly shew by and byâ— were for the space of many ages untill of late years a vast and deep Fen affording little benefit to the Realm other than Fish or Fowl with overmuch harbour to a rude and almost barbarous sort of lazy and beggerly people But before I begin to manifest how and by what means the drayning improvment thereof hath been accomplished it will be proper I conceive to shew 1. First what this large and spacious tract originally was 2. Next how it came to be overflowed by the Sea 3. How Holland and Marshland were first gained from the Sea 4. How the main Levell before-mentioned came first to be a Fen. 5. The rise course and outfalls of the several Rivers passing through it 6. How those their outfalls became obstructed 7. The vast extent and great depth of the fresh waters occasioned by these obstructions of their out-falls What this great Levell was at first THat this vast levell was at first a firm dry land and not annoyed with any extraordinary inundation from the Sea or stagnation of the fresh waters I shall now endeavour to manifest which may perhaps seem strange to many but when it is well considered that Timber-trees will not grow and thrive where water for the most part stands or in Moor which by tract of time is bred and increased in such moist places both the one and the other may with much probability be granted The casebeing then thus stated it nowremains for me to prove that such have heretofore been bred and prospered in sundry parts of this now Fenny Country which is no hard matter to do divers persons yet living being able to testifie that in the late digging of those Chanels anâ— Drayns as have been made for the exsiccation thereof great numbers of such Trees of several kinds have been found most of Oak and Firr and few of them severed from their Roots but of such as be so severed the Roots are observed to stand in the firm earth below the Moor of which sort I my self have seen some that were taken up in the Fens neer Thorney and have had credible information of multitudes found in other places whereof some were digg'd up at the cutting of that large Chanel called Downham Ea which extendeth it self from Salters lode about four miles Northwards towards Linne Moreover in Marshland about a mile VVestward from Magdalen bridge at the setting down of a Sluse very lately there was discovered at xvij foot deep divers Furze bushes as also Nut-trees pressed flat down with Nuts sound and firm lying by them the bushes and Trees standing in solid earth below the silt which hath been brought up by the inundations of the Sea and in time raised to that great thicknesse Add hereunto what I have already observed in the Isle of Axholme touching the Trees of Oak and Firr found in such great numbers at the making of those Ditches and Sewers for drayning of that Fenn which though it lye not contiguous to this out of all doubt is on the like levell and was apparently a woody Country at the first To give farther instance therefore to demonstrate so evident a truth there will be no need so that I shall hence proceed and in the next place manifest upon what occasion this great alteration grew CAP. XXXIII How it became overflowed by the Sea GRanting therefore that this Country though lying flat and low was not originally annoyed with the inundations of the Ocean or any stop of the fresh waters which might by overflowing and drowning make it fenny and considering the situation thereof to be such as that it is bounded on all parts by the high lands in the form of an Horshoo excepting towards
a little village call'd Alfham almost compasâ—ed about with the Fen where continuing a few dayes she erected a Church unto the Lord. Thence taking her journey being much wearied with travel she lay down in a shady place to sleep and when she awaked found her staff which was when she stuck it down at her head old and long withered not only clothed with a new green bark but budded with verdant branches and leaves which being by her lâ—ft there grew to be the largest Ash tree in all those parts and the place ever afterwards called Etheldredes stowe id est the resting of S. Etheldrede whâ—re a Church afterwards was also built in honour of our blessed Lady and Jesus Christ. But at length S. Audrey came to her own estate at Ely with her two maids and was there received with great honour Huna a Priest shortly following her where desiring to erect a Monastery many persons strove to have their Children instructed by her amongst which Werburge the daugher of Wolpherus then King of Merica and of Queen Ermenilde his wife was one and in that place by the help of King Athulf her brother she built a religious House of Nuns in the year of Christ DCLxxiij and giving the whole Island unto it sent her dear friend S. Wilfride to Rome for confirmation thereof who obtained the same from Pope Benedict with great immunities and privileges And having accomplisht this foundation being also made Abbesâ—e there it is observed that she never after did wear any linnen but contented her self with woollen Garments and very seldome except on the great Festivals did eat oftner than once in one day And moreover if by some infirmity she was not hindred from the time of Mattens untill break of the day she alwayes continued at her Prayers in the Church But about seven years after that she had taken upon her the degree of Abbesse she departed this life on the ixth Kalends of Iuly in the year of Christ DCLxxix and was buryed in a wooden Coffin in the midst of her fellow Nuns as she her self had appointed that Holy man Huna the Priest before-mentioned celebrating her Funeral who soon after her death retiring to a little Island not far from this of Ely founded a Church there and lived in great solitude the same being thereupon called Huneye To this holy woman in the place of Abbesse succeeded that devout Virgin Sexburge her sister who sixteen years after took up her body which with the linnen wherein it was wrapt being found incorrupt and cuâ—ing many diseased people with the touch thereof having washed the body again and put new vestments upon it she brought it into the Church of our Lady so built by her as hath been said and there placed it in a new Coffin of white Marble found at Grantcester and brought thither it being not a little observable that in the place where her body was first buried there streamed out a fountain of pure water upon that translation thereof which still remaineth saith my Author To these famous Virgins succeeded others under whose strict Rule and holy discipline this Monastery flourished with great honour till the year DCCCLxx id est CXCvij years that the Danes then Pagans led by Inguar and Ubba made an invasion into this Realm and destroyed it for such was the depth of the waters which compassing this Isle extended to the Sea that they had an easie accesse unto it by shipping as the Mâ— History thereof speaking of that their incursion in these words importeth Hujus siquidem communis tribulationis miseriae nullatenus expers fuit Eliensis Insula praesertim cum paludes aquae quibus circumcingitur in mare porrigantur sit ab ipsis aestuantis aequoris fluctibus quorumlibet navium ad eandem Insulam non difficilis accessus In hanc vecta est aliquando gens eadem cum multis navibus c. At which time such was the savagenesse of that barbarous people that having turn'd out the Nunns and ransackt the Church of all the Ornaments and wealth then in it they burnt it to the ground and one of them more inhuman than the rest supposing some treasure to have been hidden in the Tomb of S. Audrey made an hole into it with a Pick-Ax whereupon through the divine vengeance his eyes presently fell out of his head so that he dyed VVith which judgement the rest were so terrified that they durst not presume to meddle there any more But such was their cruelty that they also fell upon the Clergy killing some and imprisoning many others insomuch as this place lay wholly desolate untill that after some years eight of them coming thither again repaired the Porches of that ruined Church and celebrated divine service therein Howbeit to these Priests there succeeded those who lived not only irregularly but irreligiously Nay the superior himself out of a wicked curiosity desiring to be satisfied whether the body of that Holy Virgin S. Audrey was corrupted or not said that if it were not God would have wrought many miracles thereby VVhereupon one of his fellows told him that divers miracles had been there done by virtue thereof making instance of these several cures viz. of a woman that was troubled with a Palsie for six years a young man dumb for seven years a Maid blind from her birth after ten years restored to sight a young-man that had a withered had a Maid-servant unto whose hand a tool whereof she made use to get up Roots out of a Garden on the Lords day stuck so fast for the space of five years that it could not be pulled out But notwithstanding these instances the said superior calling to him four young men of his society thrust into that hole of the Coffin which the Danes had formerly made divers branches of Fennell that lay upon the floor and desiring to see whether her Vestments were perished took a Candle and fastning it to a stick put it into the said hole which falling from the stick continued flaming till it was totally consumed yet burnt not any part of them Neither did they yet cease but sharpning the stick at the one end thrust it into the said Vestments and drew them to the hole and being imboldned because they had no hurt one of them took a knife and cut off a piece others laying hold on the remainder endeavoured withall their strengâ—h to pull it out but could not it being dravvn back again with so much force as if two strong men had tugg'd at it But see the event of this sacrilegious practice a great plague seizeth by and by upon the family of that Priest whereof his wife and Children with all his Off-spring dyed and carryed him likewise within a few dayes to Hell as saith my Author because he had not by great penance purged himself from this wicked deed And of his associates therein two of them hapned to be slain the third after he was made Priest lost his senses at
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
heir of the said Hugh unto Richard de Rulos Chamberlain to King William the Conquerour And by his daughter and heir to Baldwin fitz Gilbert Which Baldwin leaving also issue one only daughter and heir wâ—dded to Hugh Wake the said Hugh became in her right Lord and owner of those places scil Bourne and Deping and was also principal Forester to the King H. 3. for his whole Forest of Kesteven Of what extent the Forest whereof I have already made mention to have been in these parts of this Province and possest by Leofrike Earl of Mercia was I am not able to say but it appears that King Henry the first for the pleasure of Hunting doing much hurt to the Common Wealth by enlarging of Forests as his Brother King William Rufus had done did afforest thâ—se Fenns between Keâ—teven and Holand viz. from the Bridge of East Deping now Market Deping to the Church of Swaiston on the one side from the bridge of Bicker and Wragmere stake on the otherside which metâ—s dividâ—d the North pâ—rts and the river of Weland the South excepting the Fen of Goggisland in regard it was a Sanctuary of holy Church as belonging to the Abby of Crouâ—and which Fen the Monkâ— of that House having licence from the said King did cloze for their own use making the Ditches about it bigger than ordinary for the avoyding of discord And being thus made Forest it continued so untill King Henry the third's time who in the xiiiith year of his reign granted unto all the Inhabitants within the same that it should thenceforth be deaâ—forested by thâ—se subsequent bounds viz. in length on the one side from Swaftone to East Deping as Kares â—ike extends it self betwixt Swantone and East Deping And in length on the other side towards Holand from the bridge at Bikere to the great bridge at Spalding And in bredth on the one part from that great bridge at Spalding to East Deping as the river of Weland goeth betwixt Spalding and East Deping And on the other side from the land of Swaftune unto the bridge at Bikere So that all the Lands Marshes and Turbaries within those precinctsâ— were thenceforth to be quit of waste and regard In the 18 of King Edw. the first 's reign Henry then Abbot of Croyland and his Monks were impleaded by Thomas Wake of Lidell then Lord of Deping by descent as aforesaid for fishing at Est Deping in the free fishing of the said Thomas and for throwing down a certain bank in his Fen there which the said Thomas had made for the safeguard of the said Fen from being overflowen by the fresh waters But to this the said Abbot and his Monks made answer that being possest of the Mannour and Town of Crouland within which there is a certain River called Weland running time out of mind from the boundary called Kemisf stone in the West unto the site of the Abby within the said Town and so from the said Abby to Brother house towards the North he the said Abboâ— and all his predecessors Abbots of that place were always and till that time seized thereof and of the free fishing therein as Lords of that Mannour and Town And farther said that the place where this trespass was assigned to be was within those limits and precinct of that their Mannour acknowledging that he diâ— fish there as the said Thomas had alleged And as to the said Ditch he saidâ— that within the precinct also of the Mannour of Crouland there was a certain Fen callâ—d Goukeslaund which then was his proper soil and so had been of his predecessors time beyond memory as paâ—cel of the beforespecified Mannour And moreover that the course of the fresh waters flowing from the West in the said Fenn did then run as always they had used to do from the same Fen into the said River of Weland and so to the Sea And he likewise alleged that because the said Thomas had raised a bank upon the land of him the said Abbot within his Mannoâ— of Croyland in a certain place where none had ever been before by which bank the course of those fresh waters being stopt the said Fen called Goukesland and other Fens adjoyning thereto were overflown and the Abby and Town of Crouland in danger to be thereby drowned he the said Abbot perceiving that the abovespecified bank was so raised to the end that the said Aâ—by and Town might be drowned did cause several parts thereof to be thrown down But notwithstanding this answer the Abbot was by the Jurors found guilty both of the trespass in fishing as abovesaid and breaking that bank to the damage of the said Thomas Wake no less than CCCC marks In 9 E. 2. Edmund Deincourt Lambert de Trikyngham Roger de Cuppledyk and Robert de Malberthorp were constituted Commissioners to view and repair the Banks Sewers and Ditches within this Province by which the fresh waters in the Marshes betwixt this part of the Country and Holand had used to pass unto the Sea And in the same year the said Edmund d' Eyncourt Nich. de Widmerpole and Richard de Whattone were appointed to enquire touching the Rivers of Smyte Dyvâ—ne Wycheme Middelwynene and Fulbâ—k choakt up for want of scouring by reason whereof the Inhabitants in those parts did then suffer much damage In 16 E. 3. Gilbert de Umframvill Earl of Anegos exhibited a Petition to the King whereby he represented that whereas there was a certain water called the Ee of Kyme betwixt Doc dyke on the East part and Brentfen on the South within this province which did run through the lands of the said Earl for the space of six miles in length but was so obstructed and stopt by reason of mud and other filth that Ships laden with Wine Wool and other Merchandize could neither pass through the same in Summer nor Winter as they had used to do except it were scoured and clensed and the banks so raised that the tops of them might appear to Mariners passing that way whensoever the Marshes there should be overflowed And that as the said Earl had for the common benefit of those parts bestowed no small costs towards the repair of the said place called the Ee and heightning of those banks so he intended to be at much more in case the said King would please to grant unto him and his heirs for ever certain Customs of the Merchandize passing in Ships through the same to have and receive in form abovesaid viz. for every Sack of Wool carried through that Chanel four pence for every Pocket of VVool two pence For every Tun of VVine four pence for every Pipe of VVine two pence For every four quarters of Corn a peny for every thousand of Turfes a peny For every Ship laden with Catel four pence and for every ship laden with other commodities than aforesaid two pence VVhereupon the said King directed his
in those Bridges and Ditches And they also said that the Town of Donyngton ought and had used to repair the Sewer of Scathegrafte Swyneman dam and Swane lade in bredth xvi foot and of such depth as that the water running to the river of Byker and so to the Sea were not hindred Which Sewer ought to be open from the first day of March until the feast of S. Martin in Winter and so likewise from the said feast of S. Martin until the first day of March except so great an inundation from the Sea should then happen as that the said Sewer would not be sufficient but that the Province of Holand would be drowned In case of which inundation that then it might be lawful for the said Town of Donyngton to stop those Sewers and presently upon the fall of the water to open them again Which said Sewers were then obstructed through the default of the said Town of Donyngton that ought to have scoured the same And the said Juros farther said that the Town of Byker ought to repair and clense the said Chanel from Bondstake to Quadring to the bredth of xxiiii foot and that the Town of Quadring with the Commoners belonging thereto ought to scoure and repair the said Chanel unto Gosbirkirk of the same bredth And that the Town of Gosberkirk ought to do the like from thence to the Sea to the intent that the fresh waters might not be hindered by the said Chanels and Sewers And they said that the stream of Byker was then obstructed from Bondstake to the Sea through the default of the towns of Donyngton and Quadring and the Commoners of Gosberkyrk who ought to have clensed the same And they said moreover that the Chanel of Byker where the Dam was ought to be open throughout the whole year but that it would be more expedient that the town of Byker for the particular commodity thereof and for the benefit of the whole Countrey should make a certain Clow with two Dores each of four foot in bredth which Clow to be always open excepting in the time of mighty floods from the Sea And they also said that the Gutters and Sewers in Quadryng were then obstructed by the town of Quadring and the Commoners thereof and that it ought to be in bredth xvi foot and of such depth that the current of the water might not be hindred as also that it ought to be clensed and repaired by the said town and the Commoners And that the Sewer of Gosberkyrk called Risgate Ees and the Sluse betwixt the Fen and the Sewer which ought to lye open all the year as Scathegrafte and Swanelade used to do were then stopped by the Abbot of Peterborough and town of Gosberkyrk and that the town of Gosberkyrk with the Commoners ought to clense repair and amend the said Sewer Gutters and Sluse in such places where it had antiently wont to be viz. through the midst of the Fen belonging to that Abby And they said likewise that the Sewer of the Beche which ought to be repaired and clensed by the towns of Gosberkyrk Hynsebek and Surflâ—te from the Fen unto Surflete and thence to the Sea was obstructed through the default of those Towns and that one Richard de Hodell had raised a Bank in the course of the said Sewer by which the passage of the water was hindred And they farther said that the Sewer of Brigefleet was obstructed by the Town of Hekyngton and that it ought to be clensed and repaired by that Town unto the river at Swynesheved the Chanel there being sufficient to carry the water down to Kyme mouth Ee where it was then stopt by Philip de Kyme to the great damage of the Country And that the Sewer called the Encluse neer Boston ought to run at all times of the year and that it was stopped every Winter by the men of Boston at the West end of the Bridge as also that it ought to be three foot in bredth And that it ought to be repaired and maintained at the VVest end of the said Bridge by the Inhabitants of Boston And they likewise presented that the Sewer called Hamondebek on the South side of Boston was also obstructed by the Inhabitants of that Town on the West part of the said Bridge and by the Inhabitants of Skyrbek And that it ought to be repaired clensed and maintained by the said Inhabitants of Boston and Skyrbek in consideration whereof the said men of Boston living at the West end of the said Bridge ought to common in the Marsh of the eight Hundreds and that the said Sewer ought to run at all times in the year And they said moreover that the men of the eight Hundreds ought to clense the Chanel of Swynesheved from Blalberdeboche unto the North part of Swinesheved Town and that the said Town of Swynesheved ought to scour the same Chanel from thence unto the stream of Byker And that the Towns of Iwardeby and Onsthorpe ought to repair and maintain the South side of the water which runneth from Happeltrenesse to Kyme and that it was then in decay through the neglect of the Prior of Haverholme who ought to repair a great part thereof and refused so to do And they farther said that Philip de Kyme who ought upon his own ground to repair a certain part of that side at the Wathe mouthe did fail in doing thereof and so through the default of the said Prior and Philip the whole Marsh of Kesteven and Holand was overflowen and drowned to the destruction of all those Countries And that the said Philip did divert the course of that water to the great prejudice of the Country and especially of the Prior of Kyme And they likewise said that the Prior of Haverholme ought to find a certain boat at the Bothe neer to the Wathe mouthe for to carry over foot-folk aswell by night as day whensoever any one should pass that way and that he did neglect so to do to the great damage of such people that had occasion to pass that way And they said that the said water was the publick passage for all the Kings liege people from Kesteven to the river of Wythum And they said moreover that the Chanel called the Old hee between the Marsh of Holand and the Marshes of Hekyngton and Kyme ought to be repaired and clensed by the men of the eight Hundreds of Holand on the East part and by Henry de Beaumont or the Lord of Hekyngton and Commoners of that Town And on the West part by Philip de Kyme from Blalberdebothe to the water of Kyme and that it was there obstructed by Philip de Kyme And they also said that the Town of great Hale with the Commoners there ought to repair and maintain a certain Causey from Gerwyk to Pyngelhyrne both for Foot and Horse-men And that the beforespecified Town of Hekyngton with Gerwyk ought to clense and repair the Chanel of Gerwyk unto the water of
Swynesheved that is to say unto Blalberbothe and that it was not clensed but the midst of the said Chanel next to the Park on the Southpart the parson of Hale ought to repair And they likewise said that Burton brigg was the Kings high way and that the one half thereof ought to be repaired and maintained by the Town of Burton together with the Causey on the North part thereof and the other half by the Town of Helpryngham with the Causey on the Southside thereof so that both Foot and Horse men might safely pass to and fro that way at all seasons of the year and that it was then in decay And they farther said that Care dyke was a certain stream which was called the South Ee and that it extended to Byker Fen As also that it ought to be clensed and repaired by the Town of Little Hale and the Commoners thereof on the one part and the Towns of Helpryngham and Byker to Gobhenbothe on the other part And they said that Hachelade was a Common Sewer and that it ought to run at the same seasons as the Sewer of Scathegrafte did but was then obstructed by the Prior of Spalding and that it ought to be at the entrance of the water from the Marsh of the bredth of one foot and in depth as much and within through the Town no less than six foot broad till it came to the Sea and that it ought to be repaired by the Town of Pynsebek to the Sea Also they said that Baston Ee ought to be repaired and clensed by the Towns of Baston Thurleby Obthorpe and Wywelesthorpe from Catebryg to Estcote by raising of the Banks higher and clensing the same on each part and from Estcote by the Town of Pynsebek to the Town of Surflete and thence to the Sea by the said Town of Surflete Which Banks did then stand in great need of repair and raising And they said moreover that Burne Ald Ee ought to be repaired raised clensed and maintained by the Town of Burne and the Abbot of Burne from Brunne to Goderamescote and that from thence the Town of Pynsebek ought to repair the same to Surflete and the Town of Surflete from thence to the Sea and that through the defect thereof the whole Marsh of Kesteven and Holand was drowned And they lastly presented that Bollesgate of Multon was a Common Sewer and obstructed by the Town of Multon and that the trough called the Gote was carried away by the said Town In 18 E. 2. there was an Inquisition taken at Thetford upon Monday being the Eve of S. Barnabas the Apostle before Will. de Fareford and Will. de la Launde then Justices of Sewers for the view and repair of the Banks Ditches c. in these parts of Kestevene and Holand Where the Jurors presented upon their Oaths that all the Ditches and Banks from Katebrigg in Kesteven unto the Sea in Holand were broken on each side and did then stand in need of repair that is to say to be raised higher by two foot and thicker by xij foot And that the Towns of Thurleby Obthorpe and Gylthorpe lying on the North side of Catebrigge unto the Cross neer Abbotescote ought at their own proper chardges to repair dig and clense them And from the said Cross to Abbotescot on that side the Town of Brunne and that the said Town of Brunne had in that place straitned the Chanel which ought to be made wider by xij foot And they said that all the Corners in the Narwe hee whereby the course of the water was hindred from the Town of Brunne to Estcote ought to be taken down And that all the Trenches drawing any water from the said Chanel ought to be stopped up when occasion should require And that the Banks of the river of Brunne ought to be enlarged from Levebrigg in Brunne unto Tollon and be made two foot higher than they were at that time and xij foot in thickness And likewise that the said Town of Brunne ought to clense the Narwe hee from Brunne to Godram crofte as need should be And they farther said that the Towns of Baston and Langtoft ought to repair the Banks from Catebrigg to the Estcote two foot in height and xij foot in thickness on the Southside And that the Town of Pincebec ought to make the Banks from Estcot to Godramcote on the same side And from thence to the House of Richard Nye of Serflet the said Town of Pyncebec to do the like on both sides And thence to the Sea the Town of Surflet on both sides also And they likewise said that the Chanel of Hirnyngbrigge in Pyncbek to the Sea was too narrow and that the watercourse there ought to be xxiiii foot in bredth at the least and to be repaired and enlarged from Hirnyngbrigge to the House of Richard Nye by the Town of Pyncebek and from thence to the Sea by the Town of Surflet And that every Bridge over the river of Brunne be xiiii foot in bredth And that a Sluse be made at Caponbrigg in bredth xij foot at the chardges of Surflet and others receiving the profits thereof as also that the said waters be kept within their Chanels And they said that the Causey betwixt Spalding and Crouland was a Common road way and not repaired through the neglect of the Abbot and Town of Crouland that is to say from the Clot unto Crouland And they likewise said that it would be necessary to have two Sluses at the Kne dyke and Halunleen dee which were the Common Sewers of the whole Fen betwixt Deping and Spalding whereof each to be ten foot in bredth and to be made at the chardges of all those which had common in the said Marsh. And they said moreover that the great Bridge at Spaldyng was then broken and ought to be repaired by the whole Town of Spaldyng and that the ferm of the passage at Pekkebrigg should be bestowed on that Bridge by the Warden thereof And they said that the King 's high way called Hoyland brigg was a Causey betwixt these Provinces of Holand and Kesteven and then out of repair through the default of the Town of Donyngton viz. from that Town to Newfen dyke and from thence to S. Saviours by the Prior of that Monastery And they also said that the Town of Dunnesby had obstructed a certain Sewer called the Sond to the damage of the adjacent Towns And that the town of Hacumby had stopped another Sewer called the Fenbrigg And they said that whensoever the Chanel called Basâ—on Ee was to be clensed it ought to be cut at Nâ—uhalle And that the same Chanel and Catebrigge to Estcote ought to be digg'd and cut as it antiently used to be And they said that the Prior of S. Saviours did suffer ten Bridges at Holand Bridge to go to ruine to the damage of the whole Country and that the said Prior ought to repair them And that the Town of Donyngton
ought to clense and scoure the Sewers of Stakesgraft Swynman dam and Swanelond so that the current of the water might not be hindred froÌ„ the fen to the Chanel which carrieth it to the Sea And they said that there was great necessity of a good Bank for preservation of the Fen betwixt Deping and Spalding from the House of Iohn the Son of Simon of Spalding to Wodelode to be made at the chardge of the Prior and Town of Spalding so that each aâ—re might be taxed alike and that no Hoggs might come neer that Bank nor any defensible Banks in any place of Holand nor the Sewers therein by the space of half a mile And they lastly said that all the beforespecified Ordinances were for the common benefit of the said Towns in Kesteven and Holand and that every Acre ought to be assessed alike in all taxes and costs for the necessary repair of the said Gutters Sewers Banks and Bridges In 25 E. 3. there was a Petition exhibited to the King and his Counsel in Parliament by those of these Provinces of Kesteven and Holand who resided in the Fenns shewing that whereas the antient boundary called Midfen dike and other metes which go through the said Fenns from the river of Weland to the stream of Withum which had wont to be the old limits betwixt these two Provinces as by certain Crosses of stone then continuing was very evident were at that time by reason of floods and other impediments so obscured that no certain knowledge could be thereof insomuch as great controversies and debates were occasioned betwixt the Inhabitants in those parts upon execution of the Kings Writs and otherwise the said King did therefore assign Saier de Rocheford Alexander Aunsell Simon Simeon Will. de Skipwith Thomas de Sibthorpe and Thomas de Levelance to take view of the said boundaries and to distrain all such persons for the scouring and clensing the same who ought to have performed that work After this divers years viz. in 41 E. 3. Godfrey Fuljaumbe Simon Simeon Walter de Campeden and others were appointed to view and repair the Banks Sewers and Ditches from Bardney ferry to Catebrig within the Province of Kesteven and within the Wapentak of Ellowe in the parts of Holand Upon a pleading in 3. H. 4. I find that on Will. Wyting of Deping was pardoned for the breaking down of two Crosses which had been set up betwixt these Provinces of Kesteven and Holand by five of the Kings Justices upon the said King's appointment In 3 H. 5. Thomas le Warre Robert de Wylughby Will. Lodingtone Robert Hagbecche Geffrey Lutterell Iohn Belle Iohn Henege and others were constituted Commissioners for the view and repair of the Banks Ditches and Sewers in these parts of Kesteven and Holand then in decay with direction to proceed therein according to the law and custome of this Realm and the Custome of Romeney Marsh As also to take such and so many workmen and Artificers upon competent wages as they should think fit to be imployed in that work in respect of the great necessity for expedition therein The like Commission in 5 H. 5. had Thomas Duke of Clarence Gilbert Umframvill William Lodyngton Iohn Cokayn Iames Strangways Thomas de la Launde and others and to act therein according to the custome of the Marsh and the law and custome of this Realm So also in 26 H. 6. had Iohn Viscount Beaumont Sir Robert Wylughby Knight Sir Raphe Cromwell Knight Sir Leo. Welles Knight Nich. Dixon Clerk Thomas Merys and others with direction to make Laws and Ordinances therein consonant to the Laws and Customs of Romeney marshe and to hear and determine of all things touching the same according to the Law and custome of the said Marsh As also to imprest Ditchers and other Labourers upon competent salaries and to imploy them in the said work as long as there should be occasion so to do in regard of the great and imminent danger which might by delays accrue In 7 E. 4. Richard Earl of Warwick Humfrey Bourchier Lord Cromwell Sir Henry Stafford Knight Sir Thomas Burgh Knight Oliver S. Iohn Esquire Will. Husee Will. Coote and divers others had the like Commission for the view and repair of all the Banks and Sewers c. from Staunford in this County to Dodyngton Pigot and from thence throughout these two Provinces to the Sea c. And in 34 H. 8. Charles D. of Suff. Rob. Dymmoke Tho. Heneage Iohn Copledyk Iohn Hussey and Rob. Tirwhit Knights Edw. Dymoke Ric. Themolby and others Esâ—uires then Commissioners of Sewers in these parts sitting at Donington decreed that the Floudgate or Sluse under Boston Bridge should be repaired at the chardges of the Wapentakes of Kyrton and Skirbek in Holand for the one half and the Wapentake of Ellow and Town of Boston for the other half to be performed before the Feast of All Saints then next coming in as compleat a manner as it had been formerly done by Margaret Countess of Richmund and Derby Moreover that two great Sewers xx foot wide and 5. foot deep should be made and digged in the divisions betwixt Kesteven and Holand from the most Western point at Gotheram coat corner neer the River of Glen unto Wragmere stake thence to the River of Wythom at Langrake where then lay a certain Sluse in the said River so as the said Sewer and Water-courses were noâ— above xxxvi foot one from the other until they come to Wragmere stake and that the menure should be cast betwixt the said Sewers to raise a firm Bank And from Wragmere stake both Sewers to run in one Chanel of xxx foot broad in a direct line leaving the division of those Countries to Gilsyke to go wholy in the Eight hundred Fen of Holand And that the said Sewers from the River of Glen to Wytham so intended from the South to the North should â—all into enter and go through all the loads and draynes in the Fenns aforesaid which came out of the parts of Kesteven to Hamond beck alias Holand Fen dyke to the end that all the water going together might the better run within its own Brinks and Chanels and the sooner come to the Sluse at Skirbek gote and the new Gotes by that decree intended And that those Sewers should be made in manner following and in places hereafter named viz. first from the said place called Gotheramscote unto Nestilholm corner by a right line on the outside of Nestilholme aforesaid where the Harth stede is and the limits divyding Holand and Kesteven and that the said Sewer should come as neer to the corner aforesaid as might be so that it enterd not into the Dyke of Nestilholm aforesaid And that the said Sewers should be made from the place to the place aforesaid on the Westside within the several Townships by the Inhabitants of Burne cum membris Moreton cum membris Haconby cum membris
Dunsby Repingale Ryngston Kirkby Dowsby Grayby Aslackby Mylthorpe and Pointon in the parts of Kesteven and in like sort on the East part by the Inhabitants of Spalding Pynchbee Surflet Gosberkyrke and Quadring in the parts of Holand by every of the Commoners in their own Precincts And from the said place called Nestilholme Harthstede and corner to the Crosse on Brigdyke by a right line for so the limits thereof do lye and that this should be also done on the West side by the Inhabitants of Poynton Sempryngham Byllingborough cum membris and Horblyng with Bryg-end and such as have Common there And on the East side by the Inhabitants and Commoners of Quadring and Donington in their Precincts And from the said Crosse upon Brygdyke by a direct line also to Wragmere stake because the limits between Kesteven and Holand do lye under the said line the said said Sewer should be dyked and made on the West part by the Inhabitants of Swayton Thorpe-Latymer Helpryngham Great Hale and Little Hale every one in their own Precincts And upon the East part by the Inhabitants of Donyngton and Byker in their Townships And although it did then appear by two Preambulations whereof one was in the xiiijth year of King Richard the second and the other in the xvith year of King Henry the seventh that the boundaries dividing Kesteven and Holand extended by a direct line through Donyngton Inggs from thence that is to say from the Crosse on Brygdyke unto Wragmere stake yet it was agreed that these Sewers should be made so as neither of them might reach into Donyngton Inggs for fear of wasting their several grounds but be set in the Fen as neer as conveniently and necessarily might be And from the said place called Wragmere stake then leaving the metes and boundaries of the two Countries the said Sewers to be joyned in one and to be made of the bredth of xxx foot and cut straight through the West-Causey directly to Gyl syke at Langrake at the only chardge of the Inhabitants and Commoners in the Eight hundred Fen of Holland and of Skirbeck quarter and of the Township of Boston within the Wapentake of Kirton and that the earth cast up in the said Eight hundred Fen aforesaid viz. between Wragmere stake and Langrake should be cast upon heaps lest the water were hindred to fall into the Sewer aforesaid All which to be done before the Feast of S. Martin the Bishop in VVinter then next ensuing Likewise that in the said place at Langrake aforesaid in the bank of the said River should be set up four new Floud-gates or Sluses of Free stone each of eight foot wide for drayning of all the Fens aforesaid at the costs and chardges of the Towns aforesaid in Kesteven and of Dekyngton Kyme and Ewarby and they by â—qual portions and due rate to make two of them and the aforenamed Towns Commoners in the Fens North from the River of Glen in Holland side unto the River of Wytham to make the other two by equal portions and that a rate and proportion should be made in both the said parts upon every Town by the said Commissioners or any six of them before the Feast of St. Bartholmew then next also ensuing And lastly that a drayn of xvi foot in bredth and in depth four foot should be made in the Law fen from a place called West banke alias Holland dyke overthwart the Hyrn unto Langrake aforesaid that all the waters falling from the parts of Kesteven into the said Fens might the more easily be brought to run to the Gotes aforesaid so to be made as was set forth at Langrake aforesaid and that the same Sewer should be made at the equal chardges of both Countries by the Inhabitants and Possessors of the Towns before remembred And likewise that for all the said chardges so severally to be born in the parts of Kesteven the rate and portion set upon every Township should be laid according to the manner of laying the xvth granted to the King And for all the Towns in the parts of Holland to be done according to the Custome of like payments rated thereabouts And that all this should be done before the Feast of S. Iames the Apostle then next ensuing upon pain of xxl. to be levyed upon every Township to the King's use if they should presume to offend in that case After this viz. in 1 Iac. Thomas Lovell Esquire represented to the King then sitting in Parliament that forasmuch as for drayning of the Fenns called Deping Spaldyng and Pinchebeck South Fens Thurleby Fen Borne South Fen and Crouland Fen alias Gogisland Fen in the County of Lincolne humble Petition had been made by the Inhabitants of Deping and other Towns adjoyning being Commoners in the said Fens unto the Lords of the privy Council to the late Queen Elizabeth expressing the great decay of the said Town and Inhabitants there with the benefit which by the laying of them dry should redound to the said Queen and her whole Realm And that the said Lords having consulted with the said Queens learned Council about the manner and means of effecting thereof and being by their directions by Writs of Ad quod Dampnum and Inquisitions of Jurors thereabouts inhabiting duly taken and certified and returned into the Chancery and there remaining of Record informed of the truth of the said Petitions and of the great benefit both to the said Queen by the saving of a great yearly chardge about the repair and amending of the Banks invironing the said Fens for defence against the Rivers of Weland and Glene running on both sides and clean above the soyl therof as also that the same was no ways prejudicial either to the Navigation or to the Common-wealth c. did direct their Letters to the Commissioners of Sewers in the said County c. requiring them to take care thereof and according to the Laws of Sewers to see the same effected commending likewise unto them as by the â—aid Petition they were required Thomas Lovell Esquire a man skilfull in like works wherein he had been beyond the Seas much used and imployed as one fit and much desired by the said Inhabitants to undertake the drayning of the said Fens Whereupon the said Commissioners of Sewers c. did make and establish certain Laws c. viz. at Borne the xxth of Aug. 41 Eliz. And at Market Deping xx Sept. 41 Eliz. and lastly at Markâ—t Deping xxx Aug. 42 Eliz. by Tho. Lord Burghley Edw. Heron Sergeant at Law Robert Wingfeld Richard Ogle Anth. Ireby Iohn Wingfield Henry Hall Tho. Lovell William Rigden Tho. Lambert William Lacy Edm. Mounstevenâ— Leonard Bautre Mathew Robinson Tho. Ogle and Robert Audley Esquires Commissioners of Sewers By which Laws it was decreed that the said Tho. Lovell should undertake the drayning of the said Fens above-mentioned viz. at the costs and chardges of the said Thomas his Heirs and Assigns within five years from the xxth of
the said Deping fen and thereby to adjudge and order aswel from his Majesty being Lord of the soil as from the Adventurers and others interessed therein such proportion of land as might sufficiently bear the chardge of the work And that because his Majesty intended to see that great work of the whole Levell prosecuted according to his first Princely design it being for the Countries good and his own service in such manner as might have just regard to the perfecting of the same with most publick and general advantage to the whole Fens he was farther pleased to declare himself the sole Adventurer aswell of this particular Fen called Deping fen as of the whole great Levell and that he would afterwards in ordering the same have a just respect unto such persons of Honour and others as had any former interest or engagement therein To conclude this Chapter I find by a Law of Sewers made at St. Ives the xvth of October 17 Caroli that the Commissioners therein reciting that whereas the Earl of Exeter had a third part of this Deping fen as also of Spalding and Pinchbek fens and of Gogsland belonging to Crouland by contract made with Captain Thomas Lovell for drayning of the said Fens which being not performed the said Fens did then remain drowned they then decreed that the said Fens should be surveyed by the appointment of Sir William Ayloff and Sir Anthony Thomas undertakers and six Commissioners of Holand and Kesteven and a moytie assigned to the said Sir William and Sir Anthony and their Heirs in recompence of their chardges for drayning thereof and two thirds of all the grounds surrounded lying in Spalding and Weston called Bellesmore being the grounds of Sir Francis Iones Knight and two parts of the grounds called Turpitts lying in Weston aforesaid and a fourth part of the ground called East fen lying in Moulton and in Quaplode and Holbeche the one half After which divers Gentlemen whose names are exprest in the Map here exhibited became Adventurers for the exsiccation thereof and in order thereto caused the River of Welland from Waldram Hall to Spalding and thence to the out-fall to be made wider and deeper The drayn called the Staker draine about xx foot in bredth for to ease the River of Glen together with Hill's drayne and Uernat's drayne they likewise made new and perfected Exeter drayne from Cubbet tunnell almost to the Sea Neer Spalding they also erected a great fluce and made all the partition dikes in such sort as the Map sheweth By which works the water was so well taken off that in Summer this whole Fen yielded great store of grasse and Hay and had been made winter ground in a short time but that the Countrey people taking advantage of the Confusions throughout the whole Kingdome which ensued soon after the Convention of the late long Parliament as is very well known possest themselves thereof so that the Banks and Sewers being neglected by the Adventurers it became again overflowed and so remaineth at this time CAP. XLIV HOw the greatest part of this Province was at first gained from the Sea I have already in the Chapter of this my discourse briefly manifested that therefore which now remaineth to be spoken in reference to it shall be touching the farther improvement thereof by drayning and banking and the support of what was done in that kind before Wherein I purpose to begin with Crouland made famous of old by S. Guthlake an holy Hermite who neer a thousand years since for devotions sake betook himself hither as to a place of the greatest solitude How terrible and hideouâ— the parts hereabouts then were considering the vastnesse of the Fen I need not to make farther relation having elswhere so fully discoursâ—d of them I shall now therefore briefly point at what is most memorable touching the same in order to my present purpose After the death of this pious man S. Guthlake Ethelbald then King of Mercia whose Confessor he had been discerning how renowned he grew for sundry Miracles sought out his Sepulture and having sent for a Monk of Evesham called Kenulph who was then eminent for his holy life as also consulted with him for the gathering of a Covent did in the year of Christ DCCxvi begin the foundation of a goodly Monastery in this place which he indowed with the whole Isle of Crouland bounded with these waters viz. Schepishee towards the East Nene towards the West South Ee on the South and Asendik to the North where the common Sewer then was betwixt Spalding and the said Isle Which tract of ground containeth four miles in length and three in bredth and whereunto belonged those large adjacent Fens opposite to the said Isle on the West part lying on each side the River of Weland that towards the North called Goggislond extending two miles in length from Crouland bridge to Asaph where the entrance into the Isle is and one mile in bredth viz. from the River of Weland on the South side thereof unto Apenholt on the North to the bank of the water The other part of that fen lying Southwards of the said stream of Weland containeth also two miles in length from Crouland bridge to Southlake neer the Chanel opposite to Aspath having two miles also in bredth viz. from the said River of Weland to Fynsâ—tt on the Verge of the River Nene which is on the South side of the same Fen. And because the ground whereon the King designed to erect this Abby was so moyst and Fenny that it could not of it self bear a building of stone he brought an infinite number of mighty piles made of Oak and Alder which he caused to be driven deep into the ground as also a great proportion of firm and hard earth digged nine miles thence and upon those he raised that structure that Oratory which S. Guthlake had there being only of Timber And now though I have already pointed at the extent of this Isle from the words of the before-specified Charter of King Ethelbald neverthelesse because I find it afterwards more exactly set forth by the confirmation of other Kings and that the knowledge of those places therein exprest may give a clearer light unto what I am to say of thâ—se Fenny parts I shall take notice of two other descriptions of the said boundaries that first whereof is by Bertulph King of Mercia in the year of Christ DCCCLi viz. from Aswicktost hirne to Tedwarthar the water of Schâ—pishâ—e having the said Isle on the West part and the fen of Cappelade on the East And from Tedwarthar to Namans land hirne the water of the South Ee bounds it having the same Isle on the North thereof and the wood of Ancarig id est Thorney on the South And from Namans land hirne to Crouland bridge the River of Nene is the limit thereof having the said Isle on the East part and the Fen called Alderlound on the West And from
Crouland bridge to Wodelademouth the River of Weland is the fence thereto having the before-specified Isle on the East part of itâ— and the Fen called Goggeslound on the West And from Wodelademouth to the common Sewer of Asendik the said River of Weland is the limit thereof having the said Isle on the South part and Spaâ—ding fen on the North. And from the said Sewer to Aswiktost doth the water of Asendik bound it having the same Isle on the South parâ— and the Fens of Spalding Weston and Multon on the North. Moreover of the Fens lying opposite to the said Isle on the West side these were then the limits viz. from Namans land hirne to Finset thence to Groines thence to Folwardstaking thence Northwards to the stream of Weland where South lake enters thereinto and so passing over the said River of Weland and ascending to Aspath thence Northwards to Werwerlake and so by Harinholt to Mengarlake thence to Oggot otherwise called Dedmans lake and so by Apinholt and Wodelake Eastwards to Wodelademouth which is the boundary of the Isle on that side towards the North as Namans land hirne is towards the South Howbeit the Common of Pasture for Cattel extendeth farther than the before-specified bounds of those Fens Southwards even to the lands belonging to the Monks of Medeshamsted now Peterborough and towards the West of the Lands of the Monks of S. Pega now Peakirke in the South fens of Weland and in the North fens towards the West to the Town of Deping â— Northwards to Spaldeling The other boundary is by Edred King of great Britaine thus described in the year of Christs Incarnation DCCCCxlviij viz. from the triangular Bridge at Crouland by the River of Weland towards Spalding unto Asâ—ndike where Asendik falleth into the River of UUeland on the North part of a certain Crosse of stone there erected by Abbot Turketill and so upwards to the East by Asendick to Aswicktost Thence to Shepishee on the East side of the same Isle and so to Tedwarthar and there entring South Ee to Naman land hirne where the said Abbot Turketill set up another Crosse of stone six perches distant from South Ee the division of the Counties of Lincolne and Cambridge being in that water and the said Crosse being distant from the River of Nene five perches VVestwards And so along the said River of Nene as it runneth to the before-specified Bridge at Crouland VVhereunto belonged likewise the several fishing aswell in all the waters invironing the said Isle as in the Pools and Fens within the Precincts thereof together with the Marshes and woods of Alderlound situate VVestwards and opposite thereto all which were annexed to the County of Lincolne according to these subsequent boundaries viz. from Naman land hirne by the River of Nene westwards to Finset where there is a Cross of stone set up near the River Thence to Grinis thence to Folwardstaking and thence to Southlake where it falleth into Weland And so passing over the said River of Weland and beginning at Kenulphston near the stream over against Southlake where Kenulph the first Abbot of this Monastery fixed a Crosse of stone for the limit betwixt Crouland and Deping And thence tending Northwards near Aspath unto Werwarlake and so to Harinholt and then up by Mengarlake and Lurtlake where the bounds of Holand and Kestevene are Thence to Oggot and so to Apinholt otherwise called Wodelade where the same UUodelade falleth into UUeland VVhich ample possessions though they yielded not much profit in regard so great a quantity of them lay then for the most part under water yet can it not be denyed but that upon the invasion of those Pagan Danes in the time of Beorred King of Mercia they hapned to be their chiefest refuge the lives of most of the Monks of this Abby being then secured by means of these spacious Fenns in the reeds and thickets whereof they hid themselves to avoid the cruelties of those barbarous people whilst the rest of their Covent were murthered and the Abby burnt VVhich Monks so preserved and after that woful masacre returning again contented themselvs with such habitations as the ruines there left would afford them Nor had they better untill the time of King Edred that Turketill then his Chancellour taking to heart those their sufferings procured that King to rebuild it and not only so but out of his singular devotion to God and affection to this place giving six goodly Mannours thereto and causing himself to be shorn a Monk became afterwards Abbot there Whereupon through the munificence of that good King and the bounty of the said Turketill being thus restored to it 's former splendor there was no good means unattempted that might conduce to the bettering and improving of the lands thereto belonging for the most advantage as may seem by those endeavors of Abbot Egelric in the times of King Edward the elder and King Edgar who plowed up a large proportion of them for Corn which could not have been done without the help of drayning I presume for saith Ingulphus Fecit etiam in annis sicciatis culturam in suis paludibus c. In dry years he tilled the Fens in four places at the four corners of them and for three or four of years had the increase of an hundred fold of what seed soever he sowed Amongst which that Fen at Tedwarthar was the most fruitfull the Monastery being so much enricht by these plentifull crops that the whole Country thereabouts was supplyed therewith and a multitude of poor people resorting thither for that respect Crouland became a large Town The same Ingulphus who was Abbot here in the Norman Conquerers time saith that in his days they had not any such Tenants residing here at Crouland as upon their other Lands no man delighting to inhabit here any longer than he was necessitated so to do insomuch as those who in time of warr betook themselves hither for security as great numbers of rich and poor from the neighbouring Countries did afterwards returned back to their particular homes none continuing here but their own domestique family with their wives and childrenâ— to whom he did let to ferm a great proportion of the Marshes and Meadows belonging to this Abby for certain annual Rents and other services For without Boats there was not then any accesse thereto there being no path farther than to the gate of the Monastery But notwithstanding that the lands and possessions of this Abby were through the great bounty of several Kings and others given thereto with divers ample privileges and immunities and not only so but with fearful curses pronounc'd by those pious Donours against such as should violate any of their grants neverthelesse it appears that the Inhabitants of Holand bordering on the North-side of Crouland having drayned their own Marshes and converted them to good and fertile arable land whereof each Town had their proper portion wanting
thrown down in divers places as it was very lawfull for him to do and that he did not cast down any Causey else therefore both himself and his Covent were dischardged of the before-mentioned presentment In 40 E. 3. the Jurors for divers Hundreds presented before Gilbert d'Umfravill Earl of Anegos and his fellow Justices for the Gaol delivery then sitting at Lincolne that the Town of Spalding ought to scour and repair a certain running River called Weland from the house of William atte Touneshende of Spalding unto a place called Brother house which they had not done and that by reason thereof great damage did accrue to the Kings Liege people Whereupon the Shireeve had command to summon the Inhabitants of Spalding to answer this chardge VVho made their appearance accordingly by Iohn de Kirketon their Attorney and said that the River mentioned in that presentment then was and long had been an arm of the Sea whereinto the tides did eb and flow twice in xxiiij hours and therefore that they ought not of right to clense and repair it nor ever had done and desired that the Country might enquire thereof VVhereupon a Jury was summoned In 11 H. 6. there was an Agreement made betwixt the Monks of Crouland and Spaldyng and Sir Will. Bonevile Kt. and Elizabeth his wife by Indenture tripartite touching the making and repair of divers Banks in Crouland aforesaid whereof one extended it self from a certain place called Dovedale clote unto Crouland brigg and another from the said bridge to a place called Brotherhouse and the third called Wynter dyke in Crouland aforesaid within the Precincts of South Ee Nene and Weland the Monks of Spaldyng and Sir William Bonevill with Elizabeth his wife alleging that the Abbot of Crouland and his Predecessors had time out of mind used to repair and maintain the same and the said Abbot utterly denyed it The tenor of which Agreement was as followeth viz. that whereas there were certain Banks in Crouland aforesaid in a certain place called the Purceynt betwixt Brotherhouse and a bank called Quapelodes dyke begun to be made in two parcels by Richard late Abbot of Crouland Predecessor to Iohn the then Abbot he the said Iohn and his successors should within three years next ensuing that Agreement support and repair them and where need should require raise them higher And moreover that within the compasse of those three years he should make a new bank betwixt those other two so as they meeting all in one and being of sufficient height might extend as one bank from the said place called Brotherhouse to Quapelodsyd dyke without any breach gutter or trench and be a sufficient defence against all the flouds of water within that compasse that might happen on the South side thereof which bank to be also made so high as that the said flouds should not overflow it nor burthen break or overflow a certain bank called Lode dyke belonging to the Prior of Spalding and to the said Sir William and Elizabeth and others nor overflow the lands of the said Sir William and Elizabeth lying in the Towns of Weston Multon provided that such flouds which might so happen were not through extraordinary tempests and rain much greater than usual And that the said Abbot and his successors should repair and maintain the before-specified Bank so to be made as aforesaid from Brotherhouse to Quapelodesyd dyke well and sufficiently in every part for the term of fourty years then next ensuing the date of that Agreement And moreover that the same Abbot and his successors should from the Feast of All Saints then next ensuing well and sufficiently repair and maintain the said two banks whereof one did extend it self from Dovedale Clote before-specified unto the before-specified bridge at Crouland and the other from thence to Brotherhouse untill the said Bank from Brotherhouse to Quapelodesyd dyke should be sufficiently perfected so that the usual flouds and overflowings of the waters of South Ee Nene and Weland aforesaid might not in the mean time do any hurt to the said bank called Lodyke or drown the lands in Weston and Multon before-specified provided that such flouds were not much greater than usuall through excessive tempests and rain And the said Prior of Spalding with his Covent did then grant and agree that the before-mentioned Abbot of Crouland and his successors should have power and authority to dig and take within the soil of him the said Prior and his successors in Spalding sen nearest to the said place called Brotherhouse so much earth sand and clay for the making and repair of the said bank thus begun and to be new raised as an hundred Boats could carry upon the River of Weland each boat containing six Cart loads Which Agreement being so made betwixt the parties abovesaid by the special mediation of Sir Iohn Iuyn Knight then chief Baron of the Exchequer and one of the Justices of the Court of Common Pleas and Iohn Cotesmore another of the Justices of that Court beareth date upon the Thursday next after the Feast of S. Michael the Arch-angel in the year before-specified After this viz. in 17 H. 6. upon a Session of Sewers held at Waynflete upon Saturday next after the feast of S. Michael the Arch-angel before Richard Haghe and Iohn Langholme there was a Presentment exhibited against the Abbot and Covent of Crouland â—hardging him that he and his Predecessors time out of mind had repaired and so ought to do a certain bank in Crouland extending it self from Brotherhouse unto a place called the Clote and thence to the triangular Bridge in that Town and so unto Dovedale Clote in Crouland and that the same was not repaired to the great damage of the Country And that the said Abbot and Covent and their Predecessors had likewise used to repair another bank in Crouland called Sharpesdyke within a certain marsh there called the Purcâ—yuâ— which bank extended from Brotherhouse to a place called Plantefeld in Thorney And moreover that there was a certain bank in Crouland called UUynterdyke within the said marsh called the Purceynt which did reach from the Clote unto the side of the Abby of Crouland and was then in decay through the default of the same Abbot And also that there was another bank lying within the Purceynt before-mentioned on the West side of Shepes Ee extending it â—elf from Dovedale cloâ—e near the division betwixt Multon and UUhappelode which bank ought likewise to have been repaired by the said Abbot as it had been by his said Predecessors time beyond memory And lastly that the said Abbot and his Predecessors had usually repaired another bank in Crouland called Moredyke lying also within the said Marsh called the Purceynt which bank did reach from Shepes Ee to Asendyke and was then defective Whereupon the Shireeve of this County had command to summon the said Abbot to appear at Alford upon the Friday next after the Feast of S. Michael
that the same water hath no issue towards the Sea except by a certain Gutter in bredth three foot and an half therefore it was considered that the said Towns according to the number of their Acres belonging to every Inhabitant should restrain the same in manner aforesaid and defend the ends of those Towns abutting on the Fen And there was a day assigned for making such a restriction or Dam upon the borders of both Counties within the Quinzime of the Epiphany then next ensuing upon the penalty of CCl. And at the same time the Jurors for the County of Lincolne did present that there was a certain Gutter made in the Town of Multone called Bollesgote and that it ought to be repaired by the men of that Town according to the number of their Acres for the quantity of what they held it was therefore commanded that the said Townsmen should repair that Gutter in form aforesaid before Whitsontide following upon pain of an Cl. And on the Thursday being the Eve of S. Barnabas the Apostle at the suggestion of some of the Country came the said Simon and his fellow Justices to view that restriction and to enquire by those Jurors what had been done upon the Ordinance aforesaid Whereupon it was then presented that the Sewer which led from thence unto the Sea betwixt the Counties of Cambridge and Lincolne ought to be enlarged to the bredth of twenty foot scil ten foot on the Lincolnshire side and ten on the Cambridgshire side And because it was found by the Jurors that the said Ordinance for that restriction before-mentioned could not be observed as it ought to be by reason of the excessive flouds of water it was decreed that aswell the Dam as the Sewer should be repaired by the view of those Jurors as it had been ordained before the Feast of S. Peter ad vincula then next following upon penalâ—y of Cl. every Town adjoyning upon the same Sewer making good their particular proportions abutting towards them And Adam de Tid with other the Inhabitants of Tyd came and condescended that they would for what they held according to the number of Acres repair and make good the Banks of Sutton Marsh betwixt Scoft and Gedeney provided that they were not chardged with their Acres lying in Tid Marsh before the said Marsh was defended by the Sewer and Dam before-mentioned In 21 E. 1. the Abbot of Pâ—terborough brought an Assise of Novell disseisin against Ranulph de Rye Philip Phiket and others for putting him out of possession of his freehold in Gosberkirk viz. of xl acres of Marsh with the appurtenances whereunto the said Ranulph and the rest of those defendants pleaded that the said Abbot had brought his action against them unjustly because he was not seised at all of the premisses And they farther said that the Custome of that Country was such that whensoever the Sea did by its raging overflow any mans lands and meeting with any resistance or upon its going back waste away any of the said Land and make a hollow place no man ought to fill up that place but to clense and drain it for the common benefit of the Country and so to let it remain iâ— the same condition that the Sea first left it And they moreover said that about xviii years then past the Sea did make such an hollow in the Land of the said Abbot which so continuing for a long time they did afterwards drain it according to that Custome without doing any injury at all Whereunto the Abbot replyed that the said Ranulph could not under colour of any Custome excuse himself for he said that the place before-mentioned was his own several ground and that it was not lawfull for any man to dig in another mans land nor drayn the same without the leave of the owner excepting only one Ditch which lay in the confines of the two Hundreds of that Country called Gotecrike which Ditch whosoever had a mind to do it might drayn it and scour it at their pleasure And he also said that the above-mentioned Ranulph had in his own particular land made a certain Ditch whereby the said Abbot was hindred from coming to his Marsh and this he desired might be enquired of c. VVhereupon the Jurors delivered in this verdict viz. that the place before-mentioned was the several ground of the said Abbot in which no person without his leave had any thing to do And that there had been a kind of Ditch there which was xl years before filled up and then reduced to firm ground And they said that there did happen in that very year such a floud in those parts aswell of the fresh water as from the Sea that it broke the Abbots bank at each end thereof which breach he the said Abbot did make up as it was well lawfull for him to do And they said that the before-specified Ranulph and the other defendants afterwards made a Ditch of ten perches in length upon the soyl of the said Abbot against his leave and did exclude him from coming to that Marsh. Wherefore the said Abbot had judgement to recover his seisin and xxs. damage The next year following the King being advertised that by reason of the more than ordinary bredth of the River of Shoft neer Trokenhout which is in the confines of this County and Cambridgshire and likewise through want of repair of the Banks Ditches Gutters and Sewers in those parts great losse had hapned to the Inhabitants thereabouts the King therefore to contract the said Chanel for the more security of the Country and for repairing those Banks and Ditches did assign S. de Ellesworth R. de Chadeworth and R. de Coupledik to enquire aswel by the Oaths of Knights and others of the said Counties of the course of that stream as of those Banks Ditches Gutters and Sewers before-mentioned who they were that possessed Lands and Tenements thereabouts and had or might have benefit by the contracting of the said Chanel and repair of the Banks and Sewers aâ—oresaid and to distrain them thereto for the proportion of their said Lands and Tenements according to the number of Acres so that no favour should be used therein either to rich or poor Upon which Enquiry the Jurors delivered this following Verdict viz. that the Towns of Tydd and Sutton lying in Holand in this County and Tidd Neuton and Leverington in Cambridgshire could not be preserved from damage except the said stream of Shoft neer Trokenhout were restrained to the bredth of four foot so that it might not run towards the Sea but by a Gutter in widenesse three foot and an half therefore it was concluded that the Towns before-mentioned should streighten the said Chanel according to the proportion of their lands in those Towns and likewise defend the hades of those Towns abutting upon the fen And a day was thereupon given them to make the same Chanel of that narrownesse viz. within the xv of
said Marsh to Surflet on one side by the Town of Pynchebec and on the other by the Town of Gosberchirche and thence to the Sea by the Town of Surflet and that it ought to run at all times of the year except in such great inundations as aforesaid And they said that the River of Surflet into which the Beche did descend ought to be in widenesse xvi foot and that it was then so straightned by the men of Surflet and raised to such an height that the water of Beche could not have it's current to the Sea as formerly And they said also that Hachelode was a common Sewer and ought to run at such times is Scathegarst did and that it was obstructed in the time of Prior William Predecessor of the then Prior of Spalding and did then so continue And that it ought at it's entrance from the Marsh to be one foot wide and as much in depth but lower to be six foot in bredth as far as the Sea and repaired by the Town of Pinchebec till it came to the Sea Likewise that Bastone Ee ought to be repaired by the Towns of Bastone Turleby Obbesthorpe and Wynelisthorpe from Katebrigge to Escote by raising of the Banks and clensing on each part by the Towns of Pynchebec and Escote unto Surflete and by the Town of Surflete to the Sea which Banks did at that time want much repair and raising higher Also that Brunne Ee Tolhou and Blakekyrk ought to be repaired raised and scoured by the town of Brunne from Brunne to Goderamescote on the North side and on the South to Merehirne from which places viz. Goderamescote and Merehirne the Town of Pyncebek ought to repair it unto Surflete and the said Town of Surflete from thence to the Sea for default of which repair great damage was then sustained Also that the Sewer of Briggeflecter was then obstructed by the Town of Helytone and that it ought to be repaired clensed and maintained by that Town to the River of Swynesheved whence that River was sufficient for conveyance thereof to Kyme mouth where it was then obstructed by Philip de Kime to the great damage of the Country And that the Sewer of Enclouse neer Boston â— ought to run all the year long but was stopped every winter by the Inhabitants of Boston on the West part of the Bridge there and that it ought to be three foot in bredth Also that the Sewer of Long drove was then in good repair and ought to be maintained by the Town of Pinchebek And they said moreover that Bollesgate in Multon was a common Sewer but then stopped and the Gutter called Gote carried away by the Inhabitants of that Town It was therefore decreed that the said Causey and Ditches should be repaired and made anew at the chardges of the before-specified Town of Donyngtone the said Prior to be chardged according to his proportion as aforesaid And as to those Sewers of Scathegast Swynemandant and Swanelode that they should be oâ—ened and repaired to the said River of Byker in bredth xvi foot and of such a depth as that the current of the water passing through them might not be hindred and all this to be done at the chardge of that Town And that the said River be repaired by the Town of Byker and made of such a depth as that the water of the before-specified Sewers might passe away And that the Sewer of Quadringe and the Gutter belonging thereto be cleared and repaired as formerly it had wont to be and of the same bredth and depth at the chardges of the said Town and the said Town to be amerc'd And that the Sewer of Rysgate which had been obstructed by the said Ranulph should be opened at this chardge and he to be amerc'd And that the said Towns of Gosbercherche and Rysgate should thenceforth be distrained to the repair and maintenance of the same Sewer in form aforesaid and to the making anew of the Sluse there to the bredth of six foot as abovesaid And as to the current of New Ee gate Gilbert de Sutton Steward to the said Abbot of Peterborough and Iohn de Trikyngham a Monk of that house were appointed to give notice to the said Abbot that he might appear before the above-specified Adam and William at Westminster upon Wednesday next after the xv of S. Iohn Baptist. And that the Sewer of Beche should be opened and repaired so that it might have the like depth and bredth and run throughout the whole year as it had used to do at the chardge of the Towns of Gosberchirche Pyncebec and Surflete as aforesaid And that the River of Surflet into which the Beche falleth to be widened and deepned so as it might be xvi foot in bredth and so deep as that the water might have it's course therein as formerly and to be done at the chardge of the same Town of Surflete And that the Sewer of Hachelode should likewise be clensed and run throughout the whole year and at it's entrance from the Marsh to be one foot in bredth and as much in depth but lower towards the Sea six foot in bredth and to be repaired at the chardges of the said Town of Pynchebec which ought to maintain the same As also that Baston Ee be repaired clensed and raised in the Banks and otherwise as it â—ad wont to be at the chardge of the Towns of Baston Turleby Obthorpe and Wyvelesthorpe Likewise that Brunne Ee Tolhou and Blakekirk be repaired clensed and maintainâ—d by the Towns of Brâ—nne Pyncebek and Surflâ—t in form aforâ—sâ—id and at their chardges And that the Sewer of Buggeflet â— which was obstructed by the town of Hokyntone be opened at the chardge of that town and the said town to be amerc'd And that the Sewer which was stoppâ—d up at Kymâ— mouthe by Philip de Kyme be opened at the costs of the same Philip and he to be amâ—rc'd And that the Sewer called the Encluse neer Boston be opened every Winter by the said Town on the West side of the Bridge and the said Town amerc'd And lastly that the Sewer of Bollesgate and Molton which was obstructed by that Town be also opened at the chardge thereof and the said Town amerc'd In the same year Will. de Shaddeworth and Hugh de Walecote were constituted Commissionâ—rs to view the Banks Ditches and Sewers in this Province and to take order for their repair The like Commission in 28 E. 1. had Will. Haward and Thomas de Burnham So also in 33 E. 1. had Robert de Hakebeche Raphe de Littylbury and Giles de Barentone And in King Edward the Second's reign there issued out very many Commissions to the same purpose viz. in 4 E. 2. to Thomas de Newmarch Alan dâ— Ratheby Richard de Haddele and Gilbert Remband for the view and repair of those in the Wapentake of Kirton In 6 E. 2. to W. de Friskeney R. de Cubbledyke I. de
thereof than at it's entrance therefore that those Weltres should be viewed on both sides from that messuage by such persons who had the frontiers unto the place called Dounechirne on the South side of the said River unto Matehirne and on the North side of Douncechirne unto Godramscote that they be new agisted and every man assessed according to the proportion of what he held the Agistment antiently having been by Fees and the residents upon those Fees which Fees and residents were then come to nothing and far off nor was it known in whose hands they were insomuch as every year the Marshes on each side the River were drowned And they said that the current of water passing under every Bridge of that River ought to be xij foot in bredth at the least it being then too narrow And they likewise presented that Galwe gote ought to be repaired anew by the said town of Pinchebec and all the Land-holders in Spalding on the North side of Westlode and that the Sewer thereof ought to be xvi foot in bredth as also that neither Flax or Hemp should be watered in that Sewer upon pain of forfeiture thereof And also that Chillegote did then want repair and that the Sewer leading thereto should be made in bredth xx foot from Bucifen gate unto that Gutter And they said that the Sewer leading from Galwe gote unto Chillegote under the bottom of the Sea-bank by the town side ought to be made twenty foot in bredth And that the Sewer passing to the Gutter of Scobdyke within the Town ought to be xij foot in bredth unto Lostbridge and from thence unto the said Gutter to be xx foot in bredth And that the Watercourses under every Bridge beyond those Sewers ought to be made six foot in bredth at the least and that the said River and all the Sewers of the said town of Pinchebec should thenceforth be clensed and made of the before-specified bredth by the Inhabitants there and all others who had benefit thereby as often and whensoever need should require And they presented moreover that for preservation of the Town of Spalding the Sewer of Peâ—eholme gote unto the old Fen dyke ought to be scoured and repaired as it had antiently used to be viz. from the said Gutter to Capelbrigge twenty foot in bredth and from that old current unto the Hergate eighteen foot and from the Hergate in the antient course unto the Oâ—d-Fen dyke in bredth xvi foot and that the said Gutter and Sewer were in decay through the default of the Tenants of the Abbot of Croyland and the Free-holders of the Prior of Spalding and the Tenants of the Abbot of Angiers And the said Jurors by Decree of the before-mentioned Justices did then value the several Acres of land out of which the said Sewers and all the other Sewers of that Town were to be enlarged to the value of four Marks of silver more than they had wont to be rated at And they presented that Coldale gote ought to be repaired and the Sewer belonging thereto to be xvi foot in bredth And that Fulnegote stood in need of repair and the Sewer thereof to be xx foot in bredth from the Smal gate to the said Gutter And that the current of water under every Bridge of the said Sewer was in bredth xij foot and that thenceforth neither Flax or Hemp should be dieved in the said Sewers nor in any Sewers belonging to the said town and lastly that Stelegote should be repaired in it's antient place And the said Jurors farther presented that all the Frontiers from Fulnegote unto the Abbot of Croyland's Mill in Spalding were then broken through the default of the Inhabitants there and therefore it was ordained that they should be repaired as antiently they had wont to be so that Horses with their Furniture might passe that way viz. from Peccebrigge to Coldealegote on the East side of the River and from the great Bridge unto Ratun Row on the West thereof And that every man should defend his Frontier with Piles aad stones where need required And they said that the Road-way leading from Ratun Rowe unto the House of Iohn fitz Simon ought to be so broad as that two Carts might meet thereon and therefore they decreed that so it should be So likewise from the House of Emme Colin unto the Bridge of Wectlode out-fall and so to Peccebrigge and from Coldalegote to the Abbots Mill And that of necessity the Fen-bank from the Abbot of Croiland's Mill unto Pichale should be raised two foot And that the great Bridge called Spalding brigge was then broken ought to be repaired at the chardges of the whole Town aswell religious as secular persons and in like sort Batemannebrigg from Westlode As also that the Marsh Banks being then broken in divers places should be repaired and afterwards a new Agistment made of them because many Lands and Tenements in that Town were never Agisted And they likewise said that Halmergate Newgate Fulnedrove Spaldingdrove and â—â—e Old Fen dike ought to be repaired and that turf for that purpose be not digged in those places to the damage of the Commonalty nor ....... And that the Hevidings betwixt Spalding and Weston abutting upon Weston mere by the Frontiers and to be made in thicknesse xij foot so that the waters of Weston enter not into the fields of Spalding by means whereof the fields of Spalding on the East part of the River of Spalding were drowned every year And they said moreover that the Gutter of Wike was then broken and ought to be repaired by Weston and Spalding And that Cosnergate was also broken and ought to be made and likewise the Sewer to be xij foot in bredth And they also ordained that all persons dwelling neer to the Causeys in the Town of Spalding and likewise in Newgate were obliged to scour the Gutter against it's breach And that thenceforth Fisher-men should not prejudice the Common Sewers by Lepes Weeles or other obstructions whereby the passage of the waters of Spalding and Pinchbec towards the Sea might be hindred And they said that all the Ditches carrying waters to the Common Sewers should thenceforth be opened according to the Ordinance of the Wardens of Spalding and Pinchbec And that from thenceforth no man should stop the course of Westlode by dung or the like it being a Common Sewer as also that the Gutter neer the House of Thomas Kaunt in Ratunrow should be repaired and the Sewer thereof in bredth ten foot and the Sewer of Aufinesgote in bredth xvi foot And they likewise said and ordained for the Town of Spalding and for the common profit that all persons aswell rich as poor should be obedient to all Mene-works to be made aswell in the Sewers as in the Marsh and that every man having one messuage and ten acres of Land should find towards that work one Tumbrell and he who had lesse one able man of eighteen years of age at the
least and if the tumbrell should make default to pay for every day four pence and a man two pence which hire to be allowed of by the said Wardens for the behoof of those towns and that once in the year an Account should be given thereof upon notice given in the Churches of the said Towns by the Common Cryer And they also presented that the stream of Spalding should be made narrower at Skitishirne near Peccebrig on the East part thereof and opposite thereto on the West part with piles rayes and stones by those that received benefit thereby And that there was one passage at Peccebrig the profits whereof the Wardens ought to receive for the benefit of the Commonalty of Spalding And they farther ordained for the advantage of the Commonalty of Spalding that the Prior of Spalding should defend his corner called Pesâ—holmehirne with piles and stones and at the Coningeâ— likewise and they that had the Sea Banks to do the like over against the messuage of Gilbert atte Stowe And that the Prior and his Bondmen should repair that corner in the River which was the Frontier in Getegodisplace near unto Coldalegote And they said that the antient Gutter called Covenham gote ought to be repaired and the Sewer of the same Gutter in the old current unto the Wardic and that from the Wardic to Pinegate the said Sewer should be in bredth ten foot And they likewise said that all the Ditches on each part of Spalding drove from the Fen to the Sea ought to be opened in Winter so that the current of the water might not be hindred towards the Sea And that the antient Sewer betwixt Robert le Organce and Maud atte Barre ought to be repaired and cleâ—sed and that the course of the water of Chaplgate and of Newgate descending by rain might passe away and descend to Coldalegate And moreover that the common way which goeth from the great Bridge unto Westlode out-fall was too narrow and ought to be repaired by those who had the Frontiers so that people might go and ride that way And they said moreover that the common Road-way betwixt Pichale and Brotherhous was cut in sunder with trenches by the Prior of Spalding and his Bayliffs they therefore ordained that thenceforth Bridges should be made thereon to the end that men might pass with Carts and Carriages and ordinary droves and so from Brotherhous unto the Clote And that the common way from the Clote unto Croyland was then in decay through the default of the Abbot and Town of Croyland and thereupon they ordained for the common benefit of the Country that from thenceforth there should not be any trenches made in those places where Bridges were to the hinderance of the Kings high way And they said that Newgote ought to be repaired by the town of Weston So also the South dike of Quappelode and Holbeche by those two towns And that the Common dic and Chepdic from Fletebridge to Asewicklade ought to be repaired by the same Towns So likewise the Sewer at Galwegote running from Thomlande to the Sea and to be digg'd deeper as in ancient time it had been by those towns And that the Croffendic of Quappelode ought to be repaired by the Town of Quappelode So also the Bridge at Wikesdic in Quappelode so that the passage of the water running under that Bridge might be in bredth ix foot and the courses of the others towards the Sea be xij foot broad And that the Sluses built in the River of Quappelode â— from the Fen to the Sea from thenceforth should be taken away And the said Jurors for safeguard of the town of Holbeche said that there was a certain Sewer called Pulvâ—rgote which ought to be removed because it did damnifie the whole town And that the stream of Holbeche from Bodinesbrigge to the Sea ought to be clensed as also that the said Town of Holbeche could not be effectually drayned by one Gutter except another were made in Iocesaculand by the midst of the Creek called Fouleflete And they likewise presented that the Southhedic of Gedeney and Flete from the town of Sutton unto the Town of Holbeche ought to be repaired and made thicker than it had wont to be by three foot And that the Sewer called the Grist was obstructed by Adam fitz Alan and Iohn fitz Alan as also that the Bridge called Igerambrigge was broken and ought to be repaired by the town of Multon And they said that all these Ordinances were to the common benefit of the Towns of Spalding and Pinchebec and the other Towns before-mentioned and that every acre ought to be equal in all Assessments and chardges for the Gutters Sewers Bridges and other things necessary to be repaired and that all the defects in those Banks and in the Frontiers which occasioned them were appointed to be surveyed in such sort as the Bills fixed to the said Inquisition did assign And by another Inquisition taken on Saturday being the morrow after Holy rood day in the xviiijth year of the said King Edward the second 's reign before the said Roger William and Alan the Jurors presented that the Sewer which led from Peseholmgate in Spalding was very antient but that the course of the water was in part new changed the length of one furlong for the more benefit than it had been formerly as 't was believed and this by the assent of the Prior and Covent of Spalding And that the Gutter newly placed there was in bredth three foot and an half whereunto a Sewer of xiiij foot in bredth did suffice aswell for drayning the lands belonging to the Abbot of Croyland and his Tenants as the lands of the before-mentioned Prior and his Tenants And they said that the Gutter of Fulne and that of Coldalegote as also the Sewer called Eusinersgote and the Gutter called Stelgote being principal Gutters were broken and stood in need of repair so that without the help of Peseholme gote they would not suffice nor Peseholme gote without the help of the said Gutters they all being in such great decay And that the Hevedinges of Spalding on Westone side had used and ought to be whole but then were cut through in divers places upon the land of the Prior of Spalding and others by reason of which cuts the water of Westone did overflow the lands of Spalding to the common damage of the said Town In the Same year had the said Roger Nich de Leeke Iohn de la Gotere of Boston and Roger de Kymberle for those on the Sea coasts and parts adjacent within the Wapentake of Skirbek Divers other Commissions also were issued out in the like kind in King Edw. the third's time viz. in 1 E. 3. to Humfrey de Litlebury William de Dunton and William de Farford for the banks in sundry parts of this Province In 3 E. 3. to Richard de Castreton William de Fairford and Iohn de la Gotere for those
betwixt the Crosse at Wolmerstye and Tyd bridge In 4 E. 3. to the said Iohn de la Gutere William de Ros of Hamlake Iohn de Multon Parson of Skirbek and Will. de Farford for those betwixt Wrangel haven and Boston and in 5 E. 3. to Robert de Malbethorpe Geffrey de Edenham Will. de la Lound and William de Poynton for those upon the Sea coast betwixt Kesteven and Holand In 7 E. 3. the King directing his Precept unto Geffrey le Scrope and his fellow Justices of the Pleas before himself to be holden signified unto them that whereas by an Inquisition then lately taken before Robert de Malberthorpe and his associates Commissioners for the view of the Banks Ditches Gutters Sewers Bridges Causeys and Floud-gates in the parts of Kestevene and Holand it was found that the Prior of the Chapel of S. Saviours ought to repair and maintain the Causey called Holand brigg and thirty Bridges upon the same according to certain boundaries and limits and that they the said Justices at the sute of him the said Prior affirming that he ought not to be charged with the said repairs the said King caused the Record Process of the said Inquisition to be brought before him And that afterwards by the Petition of the said Prior exhibited to him the said King and his Council in the Parliament held at Yorke setting forth that upon their giving Judgement afterwards in that businesse there hapning a manifest error therein to the no little damage of the said Prior he the said King caused the Record and Processe thereof to be brought before him and that upon perusing the same it clearly appeared that one Godwine a rich Citizen of Lincolne founder of that house of S. Saviours gave the site of that Monastery and certain other lands to the Canons of Sempryngham there residing to the intent that the profits thereof should be expended to the glory of S. Saviour and the brethren there serving God and the surplusage imployed in the repair of the before-specified bridge And that upon their giving judgement therein as aforesaid there was an errour because by the Charter of Foundation before-mentioned the maintenance of the said Prior and his brethren was first provided for and the surplusage only assigned for the repair of the said Causey but by that their judgement they had put the maintenance of the said Prior and his brethren in the last place which ought to have been in the first The King therefore for the rectifying thereof commanded the said Geffrey le Scrope and his fellow Justices to look upon the Record before expressed and cause it to be amended and to inform him both of the value of the lands so given to that Monastery by the said Founder and of some way whereby the repair of that Causey might be ascertained and lastly to supersede the distraining of the said Prior for that respect whilst the businesse was thus undetermined In 11 E. 3. Sir Richard de Roos Knight Will. de la Launde Will. de Poynton Laurence de Leeke Thoma Levelaunce and Will. de Thorpe were constituted Commissioners for the view and repair of those Banks and Sewers betwixt the Crosse of Wolmersty and the bridge at Tid And in 13 E. 3. Roger de Cobledyk Roger the Parson of Framton Lambert de Hiptoft and Iohn de Polincroft for those in the Wapentake of Kirketon Mâ—morandum that in the year of our Lord MCCCxlij 16 E. 3. the Abbot of Swinâ—sheved and Sir Nicholas de Ry Knight did implead the Abbot of Peterborough for CCCxl acres of marsh with the appurtâ—nances in Gosberchirche viz. the Abbot of Swinesheved for CC. and Sir Nicholas for Cxl. by two Writs And the first day of the Assises at Lincolne was on Wednesday bâ—ing the morrow after the Feast of S. Peter ad vincula at which time there camâ— thither Gilbert de Stanford then Celerer to the Covent Iohn de Achirche Bayliff of the said Abbots Mannours together with Sir Iohn de Wilughby Lord of Eresby Sir Iohn de Kirketon and Sir Saier de Rocheford Knights Iohn de Multon Parson of Skirbek as also divers others of the said Abbots Counsel And because the defence of this sute seemed difficult and costly to the Abbot in regard that his advâ—rsaries had privately and subtilly made the whole Country against him especially the Wapentake of Kirketon he submitted to an amicable Treaty of peace on the day preceding the Assise the place of their meeting being in the Chapter-house of Lincolne At which Treaty in the presence of Sir Nicholas de Cantilupe who was the principal Mediator betwixt them as a friend to both sides and other Knights and friends above-specified the said Abbot of Swynesheved and Nicholas de Ry did set forth their claim in that Marsh affirming that it did belong to them of right by the Custome of the Country because that it was increased and grown to their own antient Marshes by addition of sand which the Sea had by it's flowings cast up insomuch as by that means coming to be firm land they said that they ought to enjoy it as far as Saltenee and in regard that the said Abbot of Peterborough had possessed himself thereof contrary to right and against the said Custome they had brought the Assise of Novell disseisin in form aforesaid Whereunto the Counsel for the Abbot of Peterborough answered that the Custome of this province of Holand so stated by the Plantiffs ought thus to be understood and qualified viz. that when by such addition of any silt or sand there should happen an increase of land and by the Seas leaving thereof become firm ground it ought to belong unto him to whose firm and solid ground it first joyned it self without any respect whether it grew directly to it or at one side And they farther said that the before-specified Marsh did originally joyn it self to the antient Marsh of the said Abbot of Peterborough whereof that Monastery had been seized time beyond memory as it appeareth by Domesday book where it is recorded that the Abbot of Peterborough had xvi Salt pans in Donington Moreover in the Charter of King Richard the first there were confirmed to the said Abbot three Caâ—ucates of land with the Salt pans and Pastures and all their appurtenances in Holand So that the said soil increasing by little and little ought not to belong unto the Abbot of Swinesheved and Sir Nicholas according to the Custome of the Countrey because that a certain part of Salten Ee which was not then dry land did lye betwixt the old Marsh belonging to the said Abbot of Swinesheved and Sir Nicholas and the Marsh whereof they pretended so to be disseised Which part of Salten Ee could not at all be drayned because that the fresh waters had used to run through that place from the parts of Kesteven to the Sea untill Geffrey Abbot of Peterborough Predecessor to the then
Abbot did for the better drayning of the Province of Holand by his deed indented grant unto the said Country a certain Sewer directly running to the Sea through his own land by which means though the antient Sewer in another place became lesse than it had wont to be by reason of the non-usage thereof from the time that the said new Sewer was granted neverthelesse it remained at that time sufficiently open and the Sea did flow and eb by it and therefore it served sufficiently for a division because that antiently by the current of the fresh water as aforesaid and the checking thereof by the Sea which continued till that day it could neither be drayned or stopt And that beyond that boundary the said Abbot of Swynesheved and Sir Nicholas could not by the Custome of the Country for the reason aforesaid claim or chalenge any thing But at length after divers arguments to and fro therein used it was concluded that xij trusty men aswell Knights as others should be made choice of six on one side and six on the other to view the place in question at Michaelmasse then next following and make a final determination therein Whereupon the tryal at that Assizes was stopped and at the day appointed the said Abbot of Peterborough came himself in person to Gosbercherche together with Sir Iohn de Wylughby and other of his friends and Counsel And so likewise did the Abbot of Swynesheved but Sir Nicholas de Ry sent his Attorney Where the xij persons so chosen did take a view of the ground but not agreeing they departed without making any conclusion therein In order therefore to a legal tryal of the businesse in dispute the Justices of Assize appointed to sit again at Lincolne upon Saturday being the Feast of S. Thomas the Apostle At which time the before-specified Gilbert de Stanford and Iohn de Achirche together with Sir Iohn de Wylughby and others on the behalf of the said Abbot of Peterborough came thither But the adverse party having in the mean time obtained a new Assize being called upon the first Writs did not prosecute so that they were amerc'd the reason why they durst not then prosecute being because they could not have a full Jury out of the Wapentake of Kirketon of those whom they had laboured For Sir William Franc the then Shireeve of this County had at the special instance of Sir Iohn Wylughby and for xxl. which he had given him returned xviij of the most trusty men and of the best account within the three Wapentakes of this Province viz. Ellow Skyrbek and Kirketon who were essoyned upon the second Writs And upon the third Writ the principal persons of the said three VVapentakes were returned by Iohn de Hundon then Shireeve for ten Marks which he had given him Neverthelesse some of the said Abbot of Peterborough's Counsel excepted against those second VVrits because they were obtained whilst the first depended and the land in question put in view and therefore they desired that those their exceptions might be recorded protesting that they would more fully urge that exception upon the second day of the said Assizes they not being able to do it on that day because their adversaries had a day by Essoin and they desired that the panell upon the first VVrit might be reserved whereby it might appear whether the lands which were then enjoyed by those VVrits were put in view by the former VVrit others moving the contrary viz. that the said panell might be made void and no prosecution thereupon Besides the form of those VVrits was excepted against by reason of the privilege which the said Abbot of Peterborough had by the Charters belonging to that Monastery because that the said Tenements put in view were parcell of their Mannour of Gosbercherche and that chiefly by the words of King Henry's Charter Quicquid Vicecomes c. But it then hapned that through the mediation of Sir Adam de Welles there was another day of reference appointed to be at Lincolne aforesaid upon Thursday next after the Feast of the Epiphany then next following At which time the said Abbot of Peterborough's Officers together with Sir Iohn de Wylughby and the rest before-mentioned came howbeit after many disputes they went away without making any accord so that then there was a third day appointed for the Assize viz. the Thursday next after the Feast of S. Gregory at Lincolne aforesaid But in the interim it so falling out that the Abbot of Swynesheved having for the repairing of all his Mill-pool at Casterton digg'd farther upon the Abbot of Peterborough's ground at Ingethorpe than he had power to do by that liberty which had been antiently granted to him by composition the said Abbot of Peterborough brought an Assize of Novell disseisin against him in the County of Roteland At the day of which Asizes came the said Abbot of Swinesheved with five of his Monks and others of his Counsel where through the mediation of Mr. Alexander de Ounesby Rector of the Church at Castreton all differences betwixt the parties before-mentioned were concluded the Abbot and Covent of Swinesheved being to release all their interest in the said Marsh and the Abbot and Covent of Peterborough to give license to the said Abbot and Covent of Swynesheved to repair their pool at Castreton as often as occasion should require and also xl Marks in mony by way of agreement for avoiding of any farther trouble and chardge for the future And the said Abbot and Covent of Swynesheved did thereupon remit all their claim whereunto they had any pretrence in the said Marsh for ever All which was perfected by deeds indented betwixt them And on the morrow before the Assizes so appointed as abovesaid came the said Gilbert and Iohn on the behalf of the Abbot of Peterborough where upon treaty betwixt them and the said Sir Nich. de Rye six persons were chosen to arbitrate the business viz. on the part of the same Sir Nich. Sir Rob. de Colevill Lord of Bytham and Sir Philip le Despenser Kts and Iohn Cleymunt And on the behalf of the Abbot Sir Iohn de Wilughby and Sir Iohn de Kyrketon Knights and Henry Grene who awarded that the said Abbot should give to Sir Nicholas xll. and he thereupon to remise for himself and his heirs all his right claim in that Marsh. And as to the future increase of ground which might happen to either party that it should be enjoyed by him to whose land it did lye most contiguous Whereupon a day was assigned for writings to be made betwixt them for ratifying of this award viz. the Monday after Palm-Sunday At which time meeting at Gosbercherche where discerning that the said VVritings did expresse the said Marsh to be the right of the above-mentioned Abby the said Sir Nicholas fearing that in case he did seal them he might be indicted of conspiracy for pleading both falsly and unjustly the businesse was respited till
the next Parliament which was in the xv of Easter in the xvijth year of the said King Edward the third's reign to which Parliament the parties abovesaid came and after divers arguments in the presence of Sir Nicholas de Cantilupe Sir Iohn de Wilughby and others the said Sir Nicholas de Ry did release all his right as abovesaid VVhich release beareth date at Peterborough upon the xvijth of May in the year abovesaid In the same year Thomas de Lucy Sayer de Rochford Thomas de Sibthorpe Iohn parson of the Church of Benington and Laurence de Leeke were appointed to view the Banks Ditches and Sewers within the VVapentake of Skyrbek and to take order for their repair But notwithstanding the before-specified agreement made by the said Abbot of Peterborough with the Prior of Spalding and Sir Nicholas de Rye he was not yet at quiet for that land touching which there had been so much dispute betwixt them For about six years after there was a presentment exhibited into the Kings Bench by divers VVapentakes in this County against the said Abbot of Peterborough for purchasing CCC acres of waste ground in Gosbercherche without License from the King VVhereunto the Abbot pleaded that this Land was not purchased by him but gained from the Sea it being the Custome of the Country and so had been time out of mind that all and singular Lords possessing any Mannours or Lands upon the Sea coast had usually silt and sand more or lesse cast up to their land by the tides and that this land so supposed to be purchased was acquired in that sort All which being proved by the said Abbot the Jurors gave up their verdict accordingly Neverthelesse the said Abbot could not yet be quiet as appears by several other pleadings therein afterwards so that final sentence was not given therein till Easter Term in 41 E. 3. In 23 E. 3. William de Thorpe Philip le Despenser Nich. de Rye Saier de Rochford and others were constituted Commissioners for the view and repair of the Banks and Sewers in this Province And in the same year there were several presentments exhibited against the Abbot of Crouland by the Jurors of divers VVapentakes for stopping of certain Sewers and common high-ways within the Fens So likewise against the Prior of S. Saviours for the not repairing of Brigedyke In 25 E. 3. Saier de Râ—cheford Laurence de Leeke Iohn Mosse Roger de Meres and Will. Baiard were appointed to view the Sea-banks and Ditches of Skirbek and Kirketon Several other Commissions to the like purpose were issued our shortly afterwards viz. in 26 E. 3. to Sir Thomas de Lucy Knight Iohn de Litleburs Roger de Meres and Iohn Rybrede of Spaldâ—ng for the view and repair of all those in the VVapentake of Ellowe which were then in great decay So also to Saier de Rocheford Laurence de Lecke Iohn Mosse and Iohn Claymond for those in the VVapentake of Skirbek The like in 27 E. 3. to Will. de Huntingfeld and the rest last mentioned In 28 E. 3. to Iohn Cleymond Roger de Meres Robert de Spaigne and William de Spaigne for those on the South side of Wythum from the Town of Skirbeâ— to a place called the Shuft In 30 E. 3. to Henry Grene Saier de Rocheford Roger del Mâ—re Will. de Surflete and Iohn de Nessefeld for those betwixt the Towns of S. Saviours and Donyngton In 33 E. 3. to Will. de Huntingfeld Will. de Thorpe Will. de Notton and others for those in the VVapentake of Kirketon And in 34 E. 3. to Sir Nicholas de Rye Knight Iohn Claymond Roger de Meres and others for those within the Towns of Flete and Holbeche By a pleading in 35 E. 3. touching an Inquisition taken about two years before in the presence of Sir Will. de Huntingfeld and others Justices of Sewers for the Wapentake of Kirketon at the prosecution of the Inhabitants of Gosberkirke and Surflete in which Inquisition certain errors were said to be it appeareth that the Jurors then sound that there was a Gutter called Wistard gote in Sotterton then in decay which ought to be repaired by the said Town of Sotterton Also that Wigtoft gote ought to be repaired by the Towns of Wygtoft and Swyneshevâ—d That the Town of Swinesheved ought to repair Swineshed Ee from the North side of Swinesheved unto Byker Ee. That the Towns of Biker Donington Quadring and Gosberkirk ought to repair Biker Ee from the beginning of Biker to the Sea and to make it xxiiij foot in bredth and six foot in depth viz. the Town of Biker from the beginning of Biker to Bonstake and from thence the Town of Donington to Quadriug and from thence Quadring and the Commoners thereof to Gosbâ—rkirke and Gosberkirke to the Sea And that it ought to run all the year They also then presented that the Gutter of Quadring called Angot was broken and that it was necessary that it should be removed neerer to the Sea by an hundred pâ—rches as also that the Ditches wherein the Salt water came should be stopped and that the sides thereof on each part should be raised â—our foot in height which repairs to be always done by those whose lands were drayned thereby And moreover that the Gote called Sangote in Gosberkirke was ruinous and that it ought to be repaired by the Tenants of seven Carucates of land in Surflete and of five Carucates in Gosberkirke according to equal proportions And that the Newgote of Surflete ought to be repaired and made two foot in depth by the said Town of Surflete unto Totisbrige And that the Town of Gosberkirke ought to maintain the Gutter called the Thurgote because that at that time the said Town and Surflete were almost drowned by an arm of the Sea which grew by reason of the said Gutter and Salten Ee. In which Inquisition it appeareth how the said Gutter might be removed to the best advantage for the safeguard of those places and through whose lands it ought to run and of the value thereof And that it ought to be repaired by the Town of Gosberkirke betwixt Alvelode and Surflete As also how Crosse gote ought to be repaired and removed And the said Jurors then presented that the Sea-banks and others belonging to Surflete Gosberkirke and Quadring were too weak and low and that they knew not who ought to repair them Whereupon the Shireeve had command to summon those Towns to appear Who accordingly making their appearance said that they could not deny but that they ought of right to repair them and therefore they were amerc'd and distrained thereto And the Town of Sotterton with all the rest were likewise amerc'd because they came in by great distresse In the same 35 year of King Edward 3. Roger la Warre Will. de Thorpe Robert de Thorpe and others were assigned to
of Spaldyng ought and had used to repair and maintain a certain common Sewer called the Priors Ee in Sutton within this province from a certain place called Tydde graynes in Tydde S. Maries to Outbroken in Sutton aforesaid and so going into Priors fall together with certain bridges upon the same Sewer viz. one overthwart the Priors Lathes another called Crosse gate brigge and another called Randolf brigge which were then in decay to the great damage of the said Town of Sutton and the whole Country And that the said Sewer ought and had used to be repaired with the bridges before-specified by the pedecessors of the then Prior and by the same Prior by reason of his lands in Sutton aforesaid Whereupon the Shireeve having command to summon the said Prior to anâ—wer this chardge he appeared by Thomas Spenser his Attorney and denyed that he ought to perform those repairs alleging that the said Prior and his Predecessors had been seized time out of mind of the Mannour of Gannok in Sutton aforesaid as in right of their Monastery of Spaldyng whereof the said Sewer so supposed to be a common Sewer was parcell And farther said that the same Sewer had been made from the time aforesaid by the Predecessors of the then Prior in their own proper soil and within the precinct of that Mannour for drayning and avoiding away of the waters within the same for their own and their Tenants advantage and that no mans Land else ought to be drayned thereby And farther affirmed that it was no common Sewer as also that the said Prior and his Predecessors neither ought nor had used to repair the before-specified Bridges as in the said presentment was set forth Whereupon a Jury being summoned and sworn they said upon their Oaths that the said Sewer was a private Sewer made by the Predecessors of the then Abbot for the drayning of the waters out of the said Mannour of Gannock for their own and their Tenants sole benefit and that it was never any common Sewer In 1 E. 4. Richard de Welby Richard Pynchebec Iohn Pynchebek Leonard Thorneburgh and Richard Fendyk were constituted Commissioners for the view and repair of the Banks Ditches and Sewers from Skegnes Dodyngtone-Pygot to Tydde gote and to proceed therein according to the Laws and Customs of this Realm and of Romeney marsh Howbeit from this time until the xiijth year of the late Queen Elizabeths reign I have not seen any thing else considerable in reference to the Banks and Sewers of this province but then viz. on the xxith of September Sir Henry Clinton Knight Anthony Thorold Robert Carre Leonard Irby Iohn Bushey Esquires and others at that time Commissioners sitting at Boston and by Inquisition taken before them upon Oath finding that the Sewer called called Merlode could not without an excessive chardge convey away the water falling thereinto nor have any fit place at the out-fall thereof whereon to erect a sufficient Gote decreed that it should be scoured and made xvi foot wide and six foot deep from the in-fall out of the Fen unto a certain place called Elwood Elmes by the Townships of Quadring and Donington next adjoyning before Martinmasse in An. 1572. And that from Elwood Elmes it should be turned and made of the like bredth and depth at all times thenceforth by the Inhabitants of of the said Town of Quadring to Gosbertown Ee through divers grounds in the said Decree mentioned And at the falling thereof into the said Ee that there should be a substantial stone-bridge made and erected for the publick Road way there at the chardges of Quadryng and Donyngton aforesaid and likewise a Dâ—m at their like chardges at Partye bridge And moreover that the said Inhabitants of Quadring and Donington should for ever hereafter enjoy for the Commodity of their said water-course of Merlode the same drain called Gosberkirk Ee under the Sea dyke from the in-fall of Merlode thereinto and from the said Dam to be made towards the Sea unto the Gote which thenceforth should be appointed to be made for them and their said Drayn of Merlode by all the limits thereof after also to be expressed unto the out-fall of that their Drayn into the Sea at their private Drayn In consideration whereof they decreed that the said Townships of Quadring and Donington should make a another sufficient Drayn in Gosberkirke Ee aforesaid to stop and turn the Watercourse of Rysegate out of and from the old course thereof towards the Sea-dyke aforesaid at a place in Gosberkirk neer unto Challan bridge where they decreed that a bridge should be made and set up at the chardge of the said Townships of Quadring and Donington And that then the said Townships should scour a new Drayn from thence of the like bredth and depth by the limits after to be specified which shall be called the New Ee of Surâ—let and Gosberkirk the accomplishing of these directions being most beneficial for the receipt and speedy conveyance of the waters both of Kesteven and Holand from the said old course in Rysegate Ee by the same New Ee in form before recited And by a Decree of Sewers made at Helpringham 22 Iune xvi Eliz. it appearing that the New gote set in the Sea-dyke of Surflet at the chardge of the Inhabitants of Donyngton and Quadring by virtue of the Decree made at Boston 21 Sept. 13 Eliz. above-mentioned did of a sudden after three weeks setling thereof sink into a Quick-sand It was ordered that the same should be made again more substantially and set upon a better and firmer Foundation In which year also Richard Bertye Esquire Rob. Wingfeld the elder Edmund Hall William Fitz William Esquire and others being Commissioners and sitting at Burne the fifth of Iuly ordained That the Sewer called Repingale South dyke should be dyked from Berhom-pooles to Irelode and thence to the Beche in bredth xij foot at the least and depth six by the Township of Pinchebeck before Michaelmasse following upon pain of every rode not done 3s. 4d. Likewise that Irelode drain should be sufficiently dyked and banked by the Townships of Dowsbye and Repingale for their limits and from thence to the Beche by such Townships as by the Laws made at Sempringham mense Sept. 8 Eliz. was appointed upon the like penalty Moreover that upon the Sewer called Newdike two new bridges should be erected at Rusgate Ee mouth by the inhabitants of Gosberkirke and Surflete in their limits one in Quadring up-fen against the common way coming from Westrop and one other within the limits of Byker in Hekendale-Wathe over to Hekendale Hills of such height as Boats might well passe under and to be done by the Inhabitants of Quadring and Byker before All-hallow tide then next ensuing upon pain of an Cs. for every bridge not finished As also that one bridge over the said Sewer at Kyrton Fen another at Frampton Fen and another at Lichfeld end should
be reformed by the Townships and persons who of right ought to do the same and to be of xij in bredth and of height sufficient for boats to passe under upon pain of 3l. 6s. 8. for every bridge unfinished at Michaelmasse following And that the Waredyke beginning at Colehousestile and so extending along the River of Burne Ee to Goodrams coote should be continued from the said Coote to Done hurne and to be distant from the River C. fooâ— and in bredth xij foot and depth iiij at the cost of the Inhabitants of Pinchbeckâ— upon pain of xxd. for every rode unfinished at Michaelmasse then next following Also that the Sewer called Newedyke in Dykesen should be perfected from Eedyke bridge unto Holand Fendyke according to the Law at Sempringham as aforesaid upon pain also of iijs iiijd. for every rode unfinished at Michaelmasse then next following Likewise that the Sewer extending directly against the East to Northgraft should be dyked and banked sufficiently by the Townships of Hakenby Dunsby and Pinchebeck and the manure to be cast on the North and that from the beginning of Pinchbeck limits to the Graft And that the Sewer of Northgraft from the first fall of the waters of the Fen into the said Sewer and thence to the Sea ought to be xij foot broad and six foot deep and to be done by the Inhabitants of Pinchbeck before Michaelmasse then next ensuing upon the penalty above-specified And that the Sewer called the Beche from Wrightbold Clowe to the Sea should be dyked roded and scoured by the Townships of Pynchbeck Gosberkirk and Surflet as had been accustomed before Michaelmasse then next ensuing upon like pain Likewise that the Sewer called Marisbeek should be scoured by the Landholders there according to their several parts to be done before the said day c. Also that the banks from Colehouse stile to Goodrams coote and thence to Done hurne should be made of xij foot thicknesse and three foot height where most need required by the Land-holders of Pinchbeck and Burne according to their limits before the said day c. And lastly that the Sewer called Hawewell should be scoured to Dykebarre by the Fermours of the Hawes and Tho. Gotherd Thence to Repingale South-dyke by the Inhabitants of Dyke Morton Hakenby and Dunsby Thence to Berhomepoles by the Inhabitants of Repingale Ringstone and Kirkby-Underwood before Michaelmasse then next following After this viz. in 43 and 44 Eliz. there arose a great controversie about the erecting of two new Gotes at Skirbek and Langare for drayning the waters out of South Holand 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 Kesteven and the 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 those new Gotes whâ—re never any stood before Whereupon the decision of this point coming at length before the then two chief 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 the Statute of xxiij of Henry the eighth Of Spalding and Pinchbeck Fens see farther in my last Chapter under the title of Kesteven and Holand CAP. XLVI FRom Lincolnshire keeping on my course Eastwards I come next into Norfolke on the West side of which Country very great advantages have been made by banking and drayning whereof the most antient are in that part of it called Marshland next adjoyning to Holand last spoken of That this was originally gained from the Sea by the Romans I have in the Chapter of this discourse endeavoured to make manifest which admitted we may well conclude that our Ancestors the Saxons considering the extraordinary fertility of the soil had a fair invitation to seat themselves therein for that they did so is evident enough from that authentique Survey taken by the Norman Conqueror which sheweth that the Towns now in being there were all extant in the days of King Edward the Confessor Nor is it improbable but that they were so likewise for divers preceding ages forasmuch as it appears that the Church of Ely was possest of Walpole long before a place of no small note by reason it gave birth to S. Goderic the Hermite of whom M. Paris maketh ample mention Tâ—iâ— Country on the East is bounded by the stream of Ouse on the West with Wisbeche River on the North with the Sea-bank and on the South with the new Po-dike as the Map sheweth and containeth no lesse than tâ—irty thousand Acres whereof part is a â—amous plain called the Smeeth which being common to all the Towns therein maintaineth at least thirty thousand sheep and yet is not of a larger extâ—nt in the widest part of it than two English miles Of this plain I may not omâ—â— a tradition which the common people thereabâ—uts have viz. that in old time the Inhabitants of the neighbouring Villages had a fierce contest with one Hickifric the then owner of it touching the bounds thereof which grew so hot that at length it came to blows and that Hickifric being a person of extraordinary stature and courage took an Axeltree from a Cart instead of a Sword and the wheâ—l for his Buckler and being so armed most â—toutly repelled those bold invaders for farther testimony of which notable exploit they to this day shew a large Grave-stone near the East end of the Chancel in Tilney Church-yard whereupon the form of a Cross is so cut as that the upper part thereof by reason of the flourishes wherewith the Carver hath adorned it sheweth to be somewhat circular which they will therefore need have â—o be the wheel and the sâ—aft the Axâ—â—râ—e It is observed that within the compasse of this Province there is neither Mole nor Rat and that such hath been the care of the Inhabitants for pervention of mischief which might happen by any breach of the publick Sea-bank that they have invironed every Town with a particular bank called the Indike or Ward-dikâ— â— which upon any such inundation doth secure it from danger As for the several Sewers and Bridges which it hath I shall reserve them to be spoke of in the lâ—st place purposing now to go on in taking notice of such improvements as have been made within the old Precinct thereof as also how it hath been preserved from the violence of the tides on the one part and fresh waters on the other with the farther enlargement of it's particular bounds By an antient Pleading it appeareth that before the year MCLxxxi 27 H. 2. there was neither any habitation nor ground that yielded profit within that part of Wigenhale from Busterdesdole unto the South side of the same Town except the Monastery
and some not so that no earth could be digged there withont the good will of those whose lands adjoyned thereto Whereupon the said Commissioners decreed that by the oversight of Iohn de Wykenhale Iohn de Reynham Adam de Blowere and Alexander de Walpole who were deputed thereto upon their Oaths earth should be taken off those mens lands which lay so there for the repair of the â—aid Bank giving a valuable consideration for the same according to the judgement of those persons so sworn and that the repair thereof should be accomplished before the said Feast of the Nativity of S. Iohn Baptist upon penalty of an C. Marks At that time did the Jurors also for the Hundred of Clakelose present upon their Oaths that there was a certain Band betwixt the Town of Utwell and the Priory of Molycourt which bank the Land-holders betwixt it and Pokedike ought to repair and raise higher for the advantage of the bank of Pokedike and defence of the Country viz. Thomas de Ingaldesthorpe Iohn fits Gilbert and others wherefore the Shireeve had command to distrain them by all their lands betwixt Utwell and Molycourt till the said Bank was repaired as it ought to be Afterwards upon Wednesday after the invention of the holy Crosse in the 23th year of the same King Edw. 1. the said Justices made another Inquisition by Robert de Hakebeche and others who said upon their Oaths that of necessity the water of Upwell ought to be stopt at the house of Raphe Smyth of that town and that the antient course thereof ought to be scoured and enlarged from the Sluses of Elme to that stop in Upwell to the bredth of xl foot and deeper by six foot than it was at that time And they also said that it was necessary that the said water of Upwell should have it's course by the Little lade and a place called Wadyngstowe untill such time as the before-specified Sewer could be clensed repaired and so enlarged And they said that Tyd S. Giles Neutone Leveringtone Wisebeche Elme and Upwell of the County of Cambridg should at their peculiar costs repair the one half of that Sewer and that Robert de Scadeworthe Steward of Ely did undâ—rtake for that moytie And the Town of Wygenhale on the part of Marshland Tilneye Tyringtone Walpole Waltone Utwell Waisokne Enemethe Clengwartone with the Commoners in Marshland Common to repair at their costs the other moytie so that all those Land-holders above the said stop at Upwell towards Meremaund should be totally quit of any contribution thereto And the said Steward of Ely on the behalf of the said Couâ—ty of Cambridge was to superintend Iohn de Fictone and Adam de Blowere Assessors and Collectors for the Town of Wygenhale Philip de Fenne and Stephan fitz Walter Assessors and Collectors for the Town of Tâ—lneye and the Hamlets William de Sybille and Iohn de Dulingham Assessors and Collectors for the Towns of Tyringtone and Walpole and Raph fitz Iohn together with the said Iohn de Dulyngham Assessors and Collectors for the Towns of Walsokne Waltone and Enemethe all sworn and thereunto appointed that they should begin the said stop and clensing of that Chanel upon the morrow after Ascension day so that the same water should by such scouring and enlarging of the said antient Chanel run before the gule of August then next ensuing under the penalty of an Cl. And in case that passage called Lytlelode and Wadyngstowe should not be sufficient for the carrying away of those waters it was determined that they should be enlarged as they were afore time by the view of the Shireeve of Norfolke both as often and in what places need might require And the Shireeve of Norfolk had command that as often as he shouâ—d be required to assist the persons above-specified so deputed to assesse and collect those moneys he should be aiding to them not favouring either rich or poor therein And it was also decreed that Lytlelode and UUadyngstowe should be opened untill the before-specified Sewer were clensed viz. the gule of August And the Jurers of both the said Hundreds farther said that the chardge of scouring the sâ—id Sewer might be dâ—frayed for six score and two pounds whereof the Steward of Ely did undertake to levy the moytiâ— upon the Towns in Cambridgâ—â—ice And to this contribution Tiâ—â— yâ— with the Hamlets belonging thereto was taxed at xil Tiringtone at xil. UUaipole at xil UUaâ—tone and Enâ—mâ—the at xil. UUalsokne at xil UUygâ—nâ—â—lâ— at Cs. and Utwâ—il in the County of Norfolk at xxs. And if those monâ—ys would not suffice to perform the same that then the Towns of both Counties to contribute more as need should require And the said Shireeve had likewise commaâ—d to distrain Thomas de Ingaldesthorpe Thomas de S. Omer Iohn fitz Gilbert Iohn Blakeman Walter de Palmere Simon fitz Agnes the Prior of Molycourt and Alan le Mutere Land-holders in Utwâ—ll and Molycourt to repair tâ—e Baâ—k bâ—twixt UUâ—lle and Molycourt for the advantage of the said Bank of Pokedike so that every Acre should be assessed alike in the said contribution and that the said Bank should be perfected before the Feast of S. Peteâ— ad vincula commonly called Lammas upon penalty of xxl. And the said Shireeve of Norfolk had moreover command that he should distrain the before-specified Town of Utwelle to the repair of the Bank called Sandy diche before the said feast of S. Peter ad Vincula upon penalty of xxl. And likewise to distrain all the tenants of the Lands of Pachefeld and Kirkefeld in the Towns of Utwelle and Upwelle to repair the Banks and Ditches in those fields so that every Acre should be assessed alike and the said repair accomplished bâ—fore the Feast of S. Iohn Baptist upon penalty of xxl. And morâ—over to distrain all those who ought to repair the Bank at Pokedyke so that it might be finished before the Feast of S. Iohn Baptist upon pain of xxl. And because it was presented by Iohn de Wygenhale Iohn de Reynham c. then deputed by the said Justices to take earth for the repair of the said bank of Pokedike from the ground lying neerest thereto and that the Abbot of Dereham had within the same bank CCC acres of land they were commanded to take earth off the said Abbots land lying an Acre distant from the Bank provided that the said Abbot had competent satisfaction for the same according to the judgement of the said Jurats because there was no other earth within that Bank to be found so proper for that service Howbeit no sooner was the before-specified Chanel at Littlelode so made as by the Decree of the said Comissioners had been directed but that some mischievous people broke and threw down the banks thereof the King therefore upon complaint to him thereof made did grant a new Commmission â—nto the said Simon de Ellesworth and Thomas de Hakeford to view the same and to enquire
out the Malefactors Anâ— for the better discovery of them did the year following issue out another Commission unto Will. de Bereford Will. de Carletone and Simon de Ellesworth by which there is mention made that Peter de Campania Thomas de Hacford and Adam de Shorpham having been appointed to view where and in what manner the water of Utwelle before spoken of might have it's passage to the Sea by Chanels and Gutters without mixing with the waters of the adjacent Towns for the more security of the Inhabitants of that Country did cause it to be stopt in three places and reduced to it's right and antient Chanel The like Commission about three years after was directed to William de Carletone and Will. Haward Whereupon they met at UUelle upon Wednesday after the Octaves of Easter at which time and place the Shireeve of Norfolk brought a Jury who being then and there sworn said upon their Oaths that Robert Russel Bayliff to the Abbot of Ramseye Iohn Mayner Walter Hulleman and others did by force and arms break down that Dam so made at Smalelode as hath been observed and that Richard Curteys broke the other at UUadyngstowe for which respect the said Shireeve was commanded to take the said Robert Iohn Walter and the rest of those Malefactors and imprison them safely till hâ— should receive farther order In 1 E. 2. at a Session of Sewers held at Cowstowe within the Liberties of Tilney before Richard de Halstede and others upon the Monday next after the Feast of the Apostles Peter and Paul it being found by the Jurors that the Sea-bank from the stone Crosse unto Cowstowe aforesaid was then in good repair viz. in bredth xij foot and as high as was necessary the Prior of Meremonde and Sir Henry de Walpole Knight Attorneys to the Prior of Ixworth did take exceptions against that verdict because it was presented to be a Sea-bank alleging that from Lakebrigge to Cowstowe there was not any Sea-bank or Marsh-wall but that there was a certain Causey for driving of Cattell belonging to the Towns of Upwell and Utwell into and out of their Common within the Fen which Causey was no safeguard to any mans land and that it was then sufficient for that purpose with some repair of a sew defects therein Whereupon the said Prior and Henry required judgement from the before-specified Commissioners therein and that the persons who had benefit by such driving of their Cattel too and fro should contribute to the making and repair thereof according as they had Commodity thereby as it was the Custome of the Country and as the said Kings Commission did direct which Judgement and Decree was published accordingly and the said Jurors amerc'd for their erroneous presentment After this viz. upon Saturday next after the Translation of S. Thomas the Martyr in the first year of the said Kings reign at a Session of Sewers held at Wisebeche came the said Prior of Mermonde and Sir Henry de Walpole before R. de Seytone and his fellow Justices in the behalf of the said Prior of Ixworth and took exceptions against the verdict of the Jurors made at Welle in the fourth year of the said Kings reign in regard they then presented that the said Prior had two brecks upon the brink of his Frontier which he ought to amend and repair and that they said and decreed that from the said Stone-crosse unto Cowstowe each man ought to be chardged to the making of his brinks so adjoyning to his Frontiers Which Prior then said that from Lakebrigge to Cowstow there was neither Sea-bank nor Marsh-wall or any other defence than only a Causey whereupon the Commoners of the Countrey did drive their Cattel and that every man ought to be assessed for the repair thereof according to the benefit which he had by it and this he desired might be enquired of by the Jurors Who being accordingly impanelled and sworn did on the behalf of the said Commoners of Welle justifie the said Decree and thereupon they put themselves upon tryal of another Jury Which Jury being sworn said that the said Bank from Lakebrigge to Cowstowe was not then a Bank for the safeguard of any mans land as aforesaid howbeit in antient time before the fresh waters had their passage towards Wigenhale it was a Bank of defence â—ut since that it neither was nor could be except a new Ordinance were made in regard of the excesse of water and height of the ground And they farther said that the before-specified Prior in those days was not alone lyable to the making and repair of the same Bank from his Priory unto Cowstowe as the sâ—id Jurors had presented because he did not alone receive benefit thereby And they said that the Bank within those bounds was the safeguard and defence of the Fishing there and for the Pasturage of the Commoners because that by the said Bank the same Priors fishing and other borderers was both kept from the Sea-water and that the Fish could not get away into the Fen. And as to the Pasturage they said that the same Bank did serve for divers Commoners and people of the Counties of Huntendon Cambridge and Norfolke to drive their Cattel to and fro from the Commons of the Fen. And they did finally ordain that the said Prior and every person having fishing within the bounds from Lakebrigge towards Cowstowe should according to the quantity thereof and the Commodity he had thereby make the said Causey and Bank And that the said Prior and every Commoner of the whole Hundred of Wisebeche and all others who had drift for their Cattel that way should contribute to the repair and maintenance thereof according to the benefit which accrued to them thereby as abovesaid And moreover that the said Prior should recover damages for that erroneous presentment which were tax'd at xxs. In 7 E. 2. Walter Bishop of Cov. and Lich. and Henry de Stantone were assigned to view the Banks and Sewers in these parts of Marshland and to take order for their repair The like assignation in 12 E. 2. had Iohn Haward and Iohn Hotoft for those at Tirington So also the next ensuing year had Thomas de Ingoldesthorpe Iohn de Fitton Iohn de Hotoft and Will. Bataile for all the banks throughout this Province of Marshland But in this last specified Commission the said Thomas de Ingoldesthorpe and his associates did nothing in effect so that great complaint was made to the King by the Inhabitants in these parts he therefore issued out a new Commission to them bearing date the 24th of August in the 14th year of his reign commanding them that without delay they should proceed therein Whereupon a Jury was summoned to attend them at Tyrington upon Fryday being the Feast day of the Decollation of S. Iohn Baptist. Who appearing accordingly did upon their Oaths present that the preservation of the Town of Wigenhale
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
the Fen. And that all the menure for the making of the said Bank should be taken on the South side thereof neer the water but not within the space of xij foot of the skirt of the same Bank excepting in time of necessity when no earth might be had any where else by reason of the inundation of the fresh waters by which means not only the River it self might be inlarged in bredth twelve foot more where need should require for the better carrying away of the fresh waters but the Kidells being in the same stream might be sufficiently widened And the said Jurors did also decree and ordain that it might be lawfull for every man in making his proportion of the said Bank to dig earth on the North side of the same in Winter time when by reason of the flouds of fresh water coming down it could not be taken on the South side so that such digging on the said North side were xl foot distant from the same upon penalty of being amerc'd And they likewise decreed that every Land-holder having Lands within any of the said Towns of Marshland and Town of Wigenhale as also within the precinct aforesaid should have his portion of the same Bank assigned to him according to the quantity of his Land according to a new Agistment to be thereof made And that all the Land-holders in Stow Bardolf betwixt the Hord hedding and Tilney Bank and within the Bank of Stow lode brinke and the Ferry pit of Wigenhale should be agisted upon the said Bank each man according to what he held And they did moreover ordain that all persons aswell Horsemen as Footmen which should happen to come to the repair and maintenance of the said Bank at any time of the year upon necessity should have free and safe coming to and fro with their Carts and other things not only in order to the said repair but for the supervising thereof and to stay there with their said Horses and return the neerest way for them without the danger of any amerciament distresse or other punishment for so doing saving alwayes to the Lords of the Fees Waifs Estreys and punishment for bloud-spilling and amerciaments for Hue and Crye there levyed And they likewise ordained that every person having lands within the precinct of the said Bank so to be new made and that might have safeguard and benefit by the making and repair thereof or losse by its not making should be obliged to the making and repair of the same according to his proportion betwixt the said Priory and Salterys lode according to the Law and Custome of the whole Country of Marshland And that every of the said Towns of Marshland and Town of Wigenhale being within the before-specified precincts should be obliged according to his proportion to the making and repair of the said Bank upon penalty of xxl. to be paid to the King as often as any defect could be found in his not performance thereof And they also ordained that every Guardian of the same Bank should have power by the said Law to take distresses for the performance of the premisses when need might require without the contradiction of any man whatsoever And that every such Guardian doing his Office in respect of his tenure within the precinct aforesaid or that ought to do it should perform it duly and diligently for the better making of the said Bank so that no defect might be found therein under the same penalty as was antiently established by the Law and Custome of Marshland for the making and repair of the before-specified old Bank called the Poke diche And that if any person agisted for the making and repair thereof according to the proportion of his tenure should be found refractory and disobedient to the said Guardian for the time being in what he should direct that then he to be distrained punished and compelled by the said Guardians for the well and sufficient performance of the same according to the Law and Custome of Marshland And they moreover ordained that neither the Lord nor any Commoner should depasture his Cattel upon the said Bank so to be new made excepting sheep nor that they should drive any Cattel upon the same for the future avoiding of those inestimable losses which had hapned in times past by so doing upon forfeiture of a peny for every beast so driven or there depasturing by the appointment knowledge or neglect of those that ought to look to them to be paid to the Guardian of the said Bank as often as any such delinquency should happen And that the Cattel found depasturing or driven aforesaid upon the said Bank sheep as aforesaid excepted to be taken and impounded and in the pound detained untill the owner of them should pay the before-specified penalty which forfeiture to be imployed for the repair of that part thereof as should be so hurt by such Cattel Also they did ordain that Iohn Bekeswell and his heirs and assignes Tenants of the messuage of North delfe should sufficiently repair and maintain that Bank opposite to his messuage on the South part both in thicknesse and height as often as need should require for ever at his and their own proper costs and chardges so that through default thereof no damage might come to any one within the precinct of the same under the penalty antiently established for reparation of the Banks Gutters and Sewers in these parts of Marshland according to the Laws and Customes thereof And that the Prior of Mullycourt and his successors under the same penalty should make new as also repair and maintain well and sufficiently aswell in thicknesse as height one Bank throughout his Priory opposite thereto upon the South side And they likewise then ordained that the Inhabitants of the whole Town of Outwell their heirs and assigns should new make repair and maintain one Bank well and sufficiently for ever both in thicknesse and height towards the before-specified great River and on the North side thereof from the said Priory of Mullicourt throughout all the Town of Outwell aforesaid unto the Mansion house of Thomas Beaupre where need should require upon the penalty above-mentioned And that the said Inhabitants of Outwell their heirs and assigns should in default of such new making or repair of the same forfeit Cs. to be paid to the King as often as there should be cause by that their neglect And they said moreover that there was a certain field called Plawfielde lying in the Town of Upwâ—ll and certain other fields called Kyrkfield and Budbeche in the Town of Upwell and Outwell as also another field called Sandyfield in the Town of Outwell aforesaid which were every year overflowed by the fresh waters to the great damage and impoverishing of all persons having lands in the same as of all other having lands within the said Bank called Pokediche then to be new made and therefore they did ordain aswell for the better safeguard of all the lands lying within
those fields as of all others lying within the Precinct of the said Bank called Pokediche to be then newly made that there should be made one new Pipe under the Bank called Kirkfield diche and under the great River there and the said new Bank on the VVest side of the said Priory of Mullycourt And likewise one new Sewer from the said new Pipe through Mullycourt drove to Rightforth lode thence into North hooke and thence into the great River which runneth from Salterys lode to Bishop's Lynne And that all persons having Lands and Tenements in the said fields called Plawfield and Kirkefield should always repair clense and scour the said Pipe and Sewer so to be new made unto Kightforth lode at their own proper costs and charges when and as often as need should require And that all persons and their heirs having lands in the said fields called Budbeche and Sandy field should have one Sewer there for avoiding the fresh waters thence into Blewe diche and from Blâ—we diche unto Rightforth lode And that the same persons so having lands in those fields called Budbeche and Sandyfield should repair and clense the said Sewer unto Blewediche for the future at their own costs and chardges whensoever need should require And that the same persons their heirs and assigns having lands in the said fields called Budbeche and Sandy field as also all the said Inhabitants of those Towns of Upwell and Outwell having common of Pasture within the precinct of the same Bank called Pokediche to be so new made as aforesaid should repair and maintain the said Sewer from Blewe diche to Rightforth lode for the future at their own proper costs and charges as often as need should require And that all persons having Lands in the said fields called Plawfield Kirkfield Budbeche and Sandyfield as also all the Inhabitants of Upwell and Outwell having Common of Pasture and Fishing within the Precinct of the said Bank called Pokediche so to be new made as aforesaid should repair the said Sewer called Rightforth lode unto North hooke at their own proper costs and chardges for the time to come whensoever need should require And they likewise ordained that the Abbot of UUest Dereham and his successors should new make repair and maintain well sufficiently for the time to come one Causey of six foot in bredth Eastwards throughout all that part of his land lying betwixt the old Pokediche on the North part and a certain piece of land belonging to the Abbot of Ramsey and another pertaining to Thomas Duke of Exeter on the South part and abutting on the before-specified great River towards the East And that the said Abbot and his successors should be justified and ordered for the not making and repair of the same Causey according to the Law and Custome antiently used in the Town of UUigenhale And that the said Abbot of Ramsey and his successors should also new make repair and maintain one other Causey of six foot likewise in bredth through another piece of his land lying on the East part towards the said great River And they farther ordained that every person having lands Common of Pasture or Fishing within the land of the said Abbot and Common lode should likewise new make repair and maintain one Causey well and sufficiently viz. each man against his own land towards the said great River And for the performance thereof that they should be compelled by the Steward of Thomas Duke of Exeter for his Mannour of Stow Bardolf his heirs and assigns in the Court of Stow-Bardolf And that all the Tenants and Inhabitants in the Towns of Downham hithe Wimbotesham and Stow Bardolf should new make as also repair and maintain well and sufficiently for the time to come a certain Causey beginning in a place called Common lode and extending it self from thence to Salterys lode All which Ordinances and Agistments so made in form aforesaid the Towns in Marshland before-mentioned as also Welle Wigenhale Dounham hithe Winbotesham and Stow Bardolf did for the time to come agree for themselves their heirs and assigns to observe and hold firmly It was therefore decreed by the before-specified Justices that the Inhabitants of the said Towns which had Laâ—ds Common of Pasture or Fishing within those fields and safeguard of the said Bank called Pokediche to be new made in such sort as aforesaid should for the future be obliged to repair and maintain the same according to the form and effect of the Inquisition Ordinances and Agistments before declared and to be distrained for the time to come for the performance thereof as often and when need should require In witnesse whereof the said Henry Rocheforth and Thomas Dereham did affix their Seals thereunto VVhich Inquisition and Ordinances were exemplified by the said King Henry the sixth under his great Seal upon the xijth day of May in the third year of his reign And in respect that the ground from Salterys lode to North delfe before-specified whereon the said Bank was to be raised was then the proper soyl of the said Thomas Duke of Exeter as part of his Mannour of Stow Bardolf the said Duke in confirmation thereof did by his Deed wherein he likewise stiled himself Comes Dorcestriae Harcuriae Admirallus Angliae bearing date the Monday next aftâ—r the Feast of S. Peter ad vincula in the said first year of the reign of the same King King Henry the sixth grant and confirm for himself and his heirs to Iohn Bishop of Ely Sir Iohn Colvile and Sir Henry Rocheford Knights Richard Peverell Thomas Karvile Thomas Dru Robert Karvile and Edmund Massingham Esquires and all the Inhabitants of Wigenhale Tylney Islington Cleuchwardon Terington Walton Enmethe Walpole and Walsoken in the parts of Mershland their heirs and assigns the said Bank called Pokediche so to be new made and raised for safeguard against the said fresh waters on the North part of the River which runneth from Welle to Salterys lode and Wigenhale beginning at Salterys lode aforesaid within his the said Duke's Lordship which extendeth it self in length from thence unto Northdelfe before-mentioned viz. ground containing xxiiij foot on the South side of the same Bank for the making repairing and maintaining thereof as also sufficient ground on the North side thereof xl foot distant from the same for the repair likewise and maintenance thereof provided that they should not dig any earth on the said North side thereof for the purposes abovesaid as long as the said Bank could be fitly repaired with the earth on the South side And he did moreover grant and confirm to the said Iohn Bishop of Cly and the rest of the persons above-specified their heirs and assigns that they not any of them should be molested in their passage to and fro in the making and repair of the said Bank wheresoever there might be cause for the same Saving neverthelesse to him the said Dâ—ke and his heirs Wayfe Stray and other amerciaments for
Hue aud Cry as also for blood shed within his said Lordship at all times of the year After this viz. in the same third year of the said King Henry the sixth William Babyngton Sir Iohn Colvyll and Sir Henry Rocheforth Knights Will. Paston Tho. Derham and Iohn Mannyng were constituted Commissioners to view the Banks Sewers Ditches Bridges and Causeys betwixt UUalpole and Tilney and to determine all things therein according to the Law and Custome of this Realm as also to take so many Diggers and Labourers upon competent wages as they should think necessary for that service in regard of the great expedition which through the decay of those works was then required Several other Commissions were afterwards issued out in this Kings reign to the like purpose scil in 8 H. 6. to Sir Henry Rochefort and Sir Robert Clyftone Knights William Pastone William Goodrede Thomas Derham Simon Fyncham and Thomas Shuldham for all those Banks Sewers c. in the Towns of Uppâ—welle Outwelle and Enemethe betwixt the River which goth from Wellynhee to the Priory of Mullycourt and the River which passeth from Enemethe unto the said Priory and to proceed therein as abovesaid In 22 H. 6. to Sir Thomas Scales Kt. William Yelverton Hugh Prior of Wirmegay Thomas Trusbut Iohn Fyncham Thomas Salesbury William Willy and Raphe Geytone for those throughout the whole Province of Marshland and the parts adjacent from Marham to Wigenhale and to do all things therein according to the Laws and Customes of Romeney Marsh. The like Commission had the said Sir Thomas Scales William Yelvertone Thomas Trusbut William Eweyn and Thomas Salisbury in 30 H. 6. So also had Iohn Earl of Oxford Iohn Viscount Beaumont Iohn Heydone Iohn Fyncham and Iohn Bekyswell for all those betwixt the waters of Wâ—lle and the water which leadeth from Welle to Salterys lode and Wygenhale In 21 H. 7 the said Bank called the new Pokedike was totally measured and then found to contain in length from the house of Iohn Pye at Salters lode unto the house of Iohn Bekeswell at Northdelf xviij furlongs and xxvij perches the repair thereof belonging as followeth viz. To the Tenants of the Lord Bardolf xxij perches To the Town of Wigenhale three furlongs xviij foot and four inches To the Towns of Tilney Islington and Clenchwardon three furlongs xviij foot and four inches To Tirington three furlongs xviij foot and four inches To Walpole three furlongs xviij foot and four inches To UUalton and Emneth three furlongs xviij foot and four inches To Walsoken three furlongs xviij foot and four inches To Iohn Bekyswell opposite to his house at North delf xv perches And from Northdelf to Mullycourt it contained in length xiiij furlongs and seven perches whereof the repair belonged as followeth viz. To Walsoken two furlongs xv perches five foot and four inches To UUalton and Emneth two furlongs xv perches five foot and four inches To Terington two furlongs xv perches five foot and four inches To Tilney with Islington and Clenchwarton two furlongs xv foot and four inches To Wigenhale two furlongs xv perches five foot and four inches Memorandum that upon the seventh day of Iuly 21 H. 7. every Acre of ground in Marshland was assessed at four inches for the maintenance of the said Bank But notwithstanding this care taken for repair thereof such was the wickednesse of some people that they divers times made breaches in sundry parts of it insomuch as complaint being made in Parliament Aº 22 H. 8. this ensuing Act was thereupon made WHereas before this time divers evill disposed personnes of their perverse and evill dispositions maliciously at divers and sundry times have cut cast down and broken up divers parts of the Dike called new Powdich in Marshland in the County of Norff. and the Broken dyke otherwise called Oldfield dyke by Marshland in the Isle of Ely in the County of Cambridge By reason whereof aswell by the great aboundance of the Salt water as also by the course of the Fresh water entring and coming into and by the said part of the said Ditches so broken and cast down the grounds and Pastures within the Countie of Marshland in the County aforesaid have bene divers and many times drowned and surrounded with the water aforesaid so that no profit thereof might be taken by the owners and occupyers of the said ground And the Inhabitants within the said Marshland and the Levell of the same many and sundry times have been not only put to importunate chardges and expenses to their extreme damage and costs but also to their grete undoings having lost much of their Cattel and Beasts then being and depasturing upon and within Marshland aforesaid to their grete damage and losse and to the grete decay of the Common welthe of the Country adjoyning to the same And also by reason of the same waters much people have bene drowned in their beds within their houses and have lost the most port of their goods being within the same For reformation whereof it is ordayned enacted and established by the King our Sovereign Lord by the assent of the Lords Spiritual and Temporal and the Commons in the present Parliament assembled and by the authority of the same that every such perverse and malicious cutting down and breaking up of any part or parts of the said Dikes or of any other Banks being parcell of the Rinde or uttermost part of the said Country of Mershland at every time and times hereafter from henceforth by any person or personnes committed and done otherwise than in working upon the said Banks and Dikes for the repairing fortifying and amending of the same to be taken reputed and adjudged Felony and that the offenders and doers of the same and every of them be adjudged and reputed Felons And that the Iustices of Peace of the said Counties of Norfolk and Cambridge in the said Isle at every of their Sessions within the said Isle and Counties to be kept by the authority aforesaid have full power to cause enquiry to be made after every such offence so at any time in form aforesaid hereafter to be committed and done and to award the like processe against every of the said offenders with like judgement and execution of the same if they or any of them be thereof found guilty by verdict or otherwise as the said Iustices have used and accustomed to do upon other Felonies being Felony at the common Law Which Statute was in 5 Edw. 6. by an Act of Parliament then largely made for the repeal of divers Treasons and Felonies cleerly repealed and made void But in 2 3 Ph. M. it was again revived In which year there were these ensuing Ordinances made upon the eighth day of April by the chief Inhabitants of this whole Country of Marshland and Town of Wigenhale touching the Old Powdike and Broken dike 1 That the said old Pow diche be sufficiently made
this River of Well Ee neer Salters lode be made two Jettyes of wood or stone each opposite to other and distant xviij foot to hinder the tides from flowing up Westwards towards Welle and that the fresh water may have the quicker fall into the Ouse and this to be done by the Inhabitants of Marshland and Town of Wiggenhall 13 That the common Sewer called Thiefe lake lying in Denver fenne be made within xl Rood of Salters lode between Shiplode and Salters lode and x foot wide unto the Land lake with a sufficient gole by Thomas Gawswell Gent. owner of the Mannour of East Hall in Denver 14 That the Common Sewer in Denverfenn called Streme lake be made of the widenesse of x foot to bring the water out of the Fenn by the space of six furlongs to be made and kept by the Inhabitants of Denver with a sufficient gole c. That the other common Sewer called Denver hithe lying in Denver fenn between Streame lake and Shiplode be made one furlong in length or more and x foot wide with a sufficient gole by Nicholas Haâ—e Esquire owner of the Mannour of West Hall in Denver That the brinks of Ouse between Salters lode and Shiplode be made viij foot broad in the bottom and six at the top and one foot higher than the highest water mark That some provision be made for the straightning of Lynne Haven which being wider than it was wont to be causeth the tide to rise higher by a foot at Salters lode than it was wont to do within these xx years 1 The next year following I find a Certificate and Presentment made the xxxth of Iune by Richard Nicholls Thomas Hewar and others Jurats for this Country of Marshland the tenor whereof is as followeth 1 That all the Lands and Tenements c. within the Hundred of Frebridge on the West side of the great River leading from Salters lode to Lynne and all other Lands c. in the Hundred and half of Clacklosse on the West side of the said great River and on the North side of a certain Bank called the New Pow dich situate in the Hundred and half of Clackclose on the West side of the said great River made and erected in the time of the reign of King Henry the vith are defended and saved from submersion and drowning with fresh water by the said Diche or Bank called the New Pow dich Which Bank hath been kept and defended by the lands in the Hundred of Frebridge by a certain field called Hawsted and by an hundred Acres in Stow-Bardolfe and the Frontier against North delf house on the North side of the said old Powdich only yet thereby are defended all the Lands Tenements and Commons on the South side of the said old Pow dich and Emneth marsh dich and ought to be charged for their portion and profit by the said Bank taking between the Priory of Mullycourt and Salters lode aforesaid as appeareth by certain orders made before the Commissioners of Sewers in the first year of the late King Henry the sixth yet the said Lands Tenements and Commons last abovesaid are not there chardged nor defend any part thereof contrary to equity and Justice 2 And that the Inhabitants of the said Hundred of Frebridge nor any of them nor any other ought to be distrained or troubled by the Lords of the Fee nor their Ministers when they or any of them shall come thither for the making their portions of the said Bank nor for the oversight of the making thereof nor for the depasturing of their Horses there nor for their carriage but that they may return in the meetest and most convenient ways for them and have free ingresse and egresse to the same Dyke or Bank without any amerciament or other punishment Saved to the Lords Wayf Stray punishment for blood draught and for Hue and Cry 3 And that every person is chardgable to keep their portions upon the said Bank from time to time by and after the Custome of Marshland by old Custome used that is to say by Bylawe Byscot Triscot and Wopeny And that every Town of the said Hundred of Frebridge is chardgable to keep and repair their portions upon the said Bank upon pain of xxl. to be paid to the Queens Majesty her heirs and successors Kings and Queens of this Realm 4 And that the menure for the repair of the said Bank ought to be taken on the South side of the same Bank and xij foot from the foot of the said Dike or Bank and not upon the North side but when for the Inundation of the water it cannot be taken on the South side of the said Bank called the New Pow dich 5 Item they say and find that there is a certain Ward dich or Fence Bank called the Old Pow dich which doth begin at a place called the Wech or West head next unto Rightforth lode brinke and extendeth Westwards nine hundred and twenty two Rode unto a certain place called the Thwart lane or the New Pow dich of Marshland which Bank is in good repair from the West end thereof unto a certain place in Walpole charge where against Edmund Beaupre Esquire hath fixed and set certain barrs into a pasture of his there by reason the said Edmund doth keep and maintain a certain Crest or Fen-bank on the North brink of Rightforth lode which defendeth the water on the South side thereof from the Pow diche aforesaid But at a certain Gate upon the said Old Pow diche in Emneth charge in the reach aforesaid is a certain Pipe laid by the said Edmund Beaupre for the drayning of certain Lands on the South side of the said Old Pow dich which is to the surrounding of the Fen and Smethe of Marshland and of right ought not that way to drayn but by Rightforth lode And that the said Pipe ought to be taken up and the said place stopt and made higher that no water drayn that ways 6 And the residue of the said Old Pow dich in the charge of Walpole Terington Clenchwarton and part of Tylney in part is defective for lack of height and bredth and that most chiefly by the ruine and decay of a certain Crest or Fen-bank which ought to be kept on the North side brink of Rightforth lode by Nicholas Hare Esquire and others And that the residue of the said Bank of the Old Pow dich is in good repair even unto Rightforth lode brinke By the ruine and decay of which Bank the grosse Common called the Smethe and the Fen of Marshland and certain Fens and low grounds in UUigenhall and Stow-Bardolf on the North side of the said Pow dich may be surrounded and damnified 7 And that the said Thwart lane or the New Pow dich of Marshland extending from the Old Pow dich aforesaid unto a certain place of Emneth marsh dich called Abbot's hirne as we think in our consciences ought to be kept and maintained by the
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
that the Marshes of Terington Tylney and Clenchwarton were imbanked and made Inmarsh for the better preservation of the said Towns 1 VVe say that there is in Walpole a Sea-bank containing in length three miles extending from S. Ellens Chapel next Terington unto Nobech gote in UUalton which Bank before the first and second days of November last was in so sufficient repair as ever it was within the â—emory of man And now by the rage of the Sea then hapning there were made xx breaches in the said Bank at the least And the residue so rent and torn as the making up and repairing of them hath and will cost a thousand pounds 2 VVe say that in the said Town by reason of the said outrage there is lost in Corn sowen DC Acres to the damage of 900 l. Item in Messuages and Cottages eight some carryed away clean and the rest uninhabitable to the damage of 100 l. Lost in Horses great Beasts and Sheep to the value of 400 l. Lost in Corn Barns and Stacks to the value of 200 l. Lost in Hay in stacks to the value of 200 l. In Grasse in the fields 3000 Acres to the value of 100 l. In VValls and Fences 50 l. 1 VVe say that there is a Sea-dyke which defendeth the said Town extending from Nobeche gote unto a place called Newgate stowe containing in length two miles and a half which Banks we say before the first and second day of November last were in very good repair And by the outrage of the Sea then happening there were made four breaches and the rest of the said Banks were so ruinated and torn as the making up and repair thereof will cost CC l. But we say that the waters which came in at the breaches in UUalsoken did drown us more than the waters which ran over our Banks 2 VVe say that there was lost by the said outrage viz. Corn sowen CC Acres to the damage of CC l. Hay in Barns and Stack to the value of C l. Grasse in the fields to the value of Cxx l. Cattel of all sorts to the value of xx l. Corn in Barns and Stacks to the value of Lxxx l. And in Houses Bridges VValls Gates Houshold stuff and Firing to the value of Cxxx l. 11 VVe say that there be two antient High-ways over the Sea-bank there into the Town being the usual passage for VVool-Carts and droves of Cattel in great abundance coming over the River at UUalton dam which Carters be the Bank never so sufficiently made will cut down the same for their more easie passage And the droves of Cattel do continually wear them down to the great damage and yearly charge of the Town In relief whereof we pray to have some reasonable Toll granted to the said Township to be taken of the said Carts and Droves 1 We say that the Sea-dyke belonging to the said Town containing three miles in length beginning at Newgate slow next UUalton and extending to the Sea-dike of Emneth which before the first and second days of November last were very sufficient and good and able to defend any floud that did arise more than viii foot above the soyl of the Marshes adjoyning other than in such High-ways as are specified in the answer to the xith Article following In which said Bank by the rage of the Sea then happening there were made seven great breaches and the residue of the said Bank so torn as that the making up and repair thereof will cost CCCLx l. 2 VVe say that there was lost by the said outrage viz. In Corn sowen in the fields and in barns to the value of 500 l. In Grasse and Hay to the value of 3000 l. Cattel of all sorts to the value of 100 l. In VValls Bridges VVood and Firing to the value of 060 l. 11 We say that there be three antient High-ways over the Sea-dyke into the said Town leading to the Market of UUysebeche which are too low by six foot for such an outrage as then happened And that there be eight other Cart ways made over the said Sea-dike by private men into their grounds which also must be heightned 1 VVe say that there is a Sea-dyke which defendeth the said Town extending from UUalsokne Sea-dyke unto Boxsted style which in divers places was not sufficient against such an outrage as hapned on the first and second days of November last past and will cost the making and repairing xl l. And we say that CCCC Acres or thereabouts in the same Town were drowned with the waters which came in at the breaches in UUalsoken and did fall over a Dyke called Long dyke into the said Town of Emneth 2 VVe say that there was lost in the same Town in Corn Grasse and Hay to the value of L l. And that the making and repairing of certain Banks defensive against the waters there now lying hath and will cost Lx l. An Abstract of the losses in general as they were presented by the Iurors of several Hundreds at the Sessions of Sewers held at Lynne 9 Decemb. An. 1613. VVithin the Ring of Marshland Terington 10416l. Walpole 03000 West Walton 00850. Walsoken 01328. Emeneth 00150. UUigenhall and South Lynne 06000. Tylney and Islington 04380. Clenchwarton 06000. West Lynne and North Lynne 04000. The total 35834l. VVithout the Ring of Marshland Gaywood 205l. South Wootton 313. North Wootton 810. Watlington 500. Totnell cum Wormgays 060. Holm cum Thorpland 040. Stow-Bardolf 100. The total 2028 l. The total of both 37862 l. After which Presentment so made as hath been shewed the said Commissioners did in Ianua following direct their Letters to the Lords of the Council signifying that they had taken a view of the breaches made by the fury of the Sea in the Banks of Marshland the chiefest whereof were those of Tirington which being a Frontier Town was very ingeniously fortified not only with Banks of extraordinary height and thicknesse but with two mighty Brick Walls armed and defended with piles of Woodshoves and other devises of as much hope as the wit of man according to the ability of the people could invent and that within these xvi years the said Town had expended 20000 l. upon the same And moreover that the two Indikes which had been reared behind the said walls for securing the Town in case these outer walls should fail were by this terrible breach swept all away And therefore though the said Indikes were already repaired again and sufficient to restrain the ordinary tides yet the safety of the Country was not to be committed to them In consideration whereof they further certified that they thought it fit a new Bank should be raised of an extraordinary skantling neerer to the Town by six hundred Acres in a place of better advantage and to be in bredth at the bottom fourscore foot and in length about two miles with thicknesse and height proportionable But forasmuch as the chardge would be insupportable
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
lane bridge and thence to the Smethe lode Bridges Holmes Bridge Borret bridge situate over the main Drayn Mayes Bridge upon the same Drayn Another Bridge at Small Droves end Walton THe old Drayn extending from Clynkhyrne on the North part and abutting upon Newland lane on the South end Another Drayn extending from Crosse-green by Halehyrne to a place called le Yates Wall at the foot of Walton Sea dike and thence to Gybson's bridge Another Drayn beginning at Gibson's bridge and thence to the Smethe lode Bridges Gybson's bridge Old fen dich bridge Terington THe common Drayn extending from Fawkesfield to Oxhow borde and from thence into the Smethe lode Another Drayn extending through the same Town unto the Smethe lode Bridges One Bridge over the common Drayn at St. Iohns lane end Another at the Old fen dich A third ruinous adjoyning to the common Sewer called the Smethe lode Tylney with the Hamlets THe More dich drayn beginning at Tungreen bridge and so going to Wyndbrigge Read's Drayn beginning at Rysgate and extending to the Common Sewer The Fen dich drayn beginning at the West end of Tylney drove and extending to Pollets gool Another Drayn beginning at the West end of Meeres greâ—n and so extending to Creydike from thence to Fryth dich gole and so into the main River Another Drayn coming out of Spellow field and so over Meyres green to Meyres green Drayn Another called Black dich lying from Terington to Islington Fen end Bridges Five Bridges upon Moredich drayn whereof two are in Sale yate a third called Tungreen bridge another called Moredich bridge and the fift at the end of the said Drayn Another Bridge at Rysegate Another adjoyning to the Common Sewer Another Bridge called Fen dich bridge Another Bridge called Pollets gool bridge Another called Poyse gole bridge Another called Meyres green bridge Another at Dodale fedham Another called Meyres dich bridge A Causey called Islington droves end lying between the Bridges of Islington and Wigenhall Wigenhall A Drayn that beginneth at Crow gool and extendeth to New land gate thence to Barnwell Cloyt thence to Cowstow pipe and so to Raynham gool Another called St. Peters dich leading from Islington bridge to West fen lode Another called the High fen dich leading from Cowstow to Pykers hyrne thence to Hel bottom and so into the main River Another called the Heddings beginning at Pykers hyrn and thence extending to Hel bottom Another called the Border extending from Wygenhall mere to Pykers hyrne Another lying from Wigenhall mere to Scales corner so forth to Newfield heddyng between the Spade gonge and Islington drove Another called Simons lode extending from a place called the Senston alias the Hook and thence to Symonslode gool Another called Crosse lode extending from the Hook to the main River Another called Iohn's lode extending from the said Hook unto Iohn's-lode gool Another called Bustard's lode which extendeth from the said Hook unto Buctard lode gool Another called Griggs lode extending from a place called the Lowe way to the Gool head at the main River Another Drayn coming from West fen dich to Griggs gool Another called Martin drayn Another called New dich beginning at the West part of the Common belonging to Stow Bardolf Wynbotesham and Downham and extending to the main River Another Drayn lying in Stow-Bardolf from a place called West head into the main River A Dike belonging to Dounham which extendeth from Dounham bridge unto the chardge of the C. Acres of Stow Bardolf lying at the new Powdich Bridges and Causeys Gillingore brigge A Causey called called Wigenhall mere extending from the old Pow dike to Black dich A certain Causey called Low side A Common Causey called Stow brinke extending from a place called Scapwere unto the Common gate Memorandum that the Ward dich called the Little Pow dich ought to be repaired by the Townships of Tylney with it's Hamlets Terington Walpole Walton UUalsoken and Emneth A note of the Chardges which do yearly belong to Marshland being but eight Towns INprimis in the High ways for Travellers there are xxv Bridges valued in their reparations yearly at Cl. Item there is in the other ways of the Countrey Lxxx Bridges and five Gooles without which the Country is neither habitable nor passable valued yearly for reparations at DCl Item there are two other Gooles very great ones with Drayns into the River of Ouse one called Knight's goole the other the New goole valued yearly for reparations at CCl. Item the Sea-Banks of the Countrey valued yearly for reparations at M Ml. Item the Pow dikes the one called the New Pow dike and the other the Old Pow dike which be defensive Banks against the fresh waters valued yearly for reparations at Cl. The total 3000l. CHAP. XLV HAving no more to say of Marshland I shall next take notice of the remainder of this Country lying Eastwards from the River Ouse and then of those parts of Suffolk wherein any improvement hath been made by Banking and Drayning In 55 H. 3. complaint being made that about seven hundred acres of Marish and other Lands belonging to William Bardolf and the Prior of Wyrmyngey lying in Wyrmyngey and Tokenhull were then overflowed more than formerly partly by inundations from the Sea and River of Secchehithe and partly by the making of Pools and otherwise so that the said Prior had received very much damage thereby And that there was a certain Causey lying in the proper soil of the said William overthwart the said Mannours which Causey was the Kings High-way to Lenne through the midst whereof a certain stream of water passed behind a Mill And that the said William and his Ancestors having permitted the people of the Country for their common benefit to raise the same Causey in the Winter season the said stream of water which had wont to have it's course through the midst of it as aforesaid was thereby so stopt that it overflowed all the lowgrounds therabouts the King therefore being desirous that there should be some remedy had therein granted a Commission to Iohn de Cokefeld to enquire the truth thereof and how and in what manner those Marish grounds might be drayned with the least damage to the Country In 5 E. 1. upon the like complaint that the course of the River at Wirmegay had been so obstructed by the frequent inundations of the Sea that two thousand Acres of Land Meadow and Pasture lying in the Marshes of Midleton and Wirmegeye were drowned the King assigned Raphe de Wyrham and Will. de Midleton to enquire thereof and how they might be so drained as aforesaid And in 22 E. 1. Peter de Campania and Adam de Shropham were constituted Commissioners for the view and repair of the Banks Ditches and Sewers of Middelton Rungetone and Sechithe then ruinous and in decay by reason of the Tides and flouds of fresh water Other general Commissions of the like nature were afterwards issued
verdict unto them And that the said chief Guardians their Deputies or Attorneys shall swear to execute their Office for the common benefit and safeguard not favouring any And that the Distrainers should likewise swear to observe the direction of the said Guardians and be obedient theâ—eto And they also said and presented that in times past much peril had hapned to the said Town of Wigenhale through the negligence of the Dike Reeves appointed for the safeguard thereof in regard they had not sufficient Lands and Tenement within that liberty nor knowledge of the Laws and Customes of Marshland Whereupon for the avoiding of future peril it was ordained by the consent of the whole Commonalty that thenceforth no Guardian which should be chosen for the safeguard thereof should make any Deputy or Attorney to exeâ—ute his Office except he were a fit mâ—n free and sufficient to answer to the Commonalty in case any hurt might come to the Sea-banks through his neglect and default And they likewise ordained that no man should thenceforth take upon him to measure any Seâ—-banks without the oversight and assent of the Town Officers sworn thereto upon the penalty of xxs. And they moreover presented that whensoever the Commonalty should be summoned to meet for the safeguard of the Town that they which should then be present whether more or lesse in number might together with the chief Guardians or those which should then be there have power to make Ordinances for the safeguard before-specified and that the same Ordinances should be effectual and firm And that if any of the xij Jurats should make default by not meeting or to perambulate the Sea-banks for the safeguard of the Town that each of them should be amerc'd at xiid. so often as he did so neglect And in case the said principal Guardians their Deputies or Attorneys did make default each of them to be amerc'd at iiis. iiiid. as oft as he did so transgresse And if the said distrainers should not come with their Rolls of the Sea-banks and with the perch to measure them that they should be amerc'd at xxd. for every time of such their neglect And they said that when any Grunâ—egole should happen in the Banks of the Sea or Marshes and not through his default to whom the same belonged that it should be repaired by the Commonalty of the Town and the party whose Grundegole it was to be distrained until he made satisfaction And that in case any man should be refractory or a Foreiner so that no distresse could be made upon him for such default in his Bank and that the said Bank were in danger that then the chief Guardians to summon the Men-worke and make good the Bank for certain sum of money and when time should serve a distresse to be taken and detained untill three pence were paid for every peny so expended And that whosoever should have warning to repair the said Grundegole and came not he should forfeit xijd. And whosoever should not come upon summons to special Men-worke to pay xiiâ— and neverthelesse to perform the same on the morrow And they likewise ordained for the better safeguard of the said Town that Sessings should be made in the said Banks opposite to the Messuages and Walls twice or thrice every year in case of necessity for preservation of the Bank and that the persons agisted should be distrained from day to day for the due performance thereof And they said that they had time out of mind enjoyed a Cart way for Carriages in a certain place called the Bicches on the backside of the said Sea-bank for repairing the same Banks at all times of the year when need required And they also ordained that every Ditch being within lesse than xii foot of the backside of the Sea-bank should be filled up by those unto whom the same Bank lying opposite to it belonged and that the same should be speedily accomplished upon penalty of iid. for every foot And they farther ordained that for the better safeguard of the said Town no man should thenceforth make any Ditch or Pit upon the backside of the Sea-bank within xii foot upon penalty of iiis. iiiid. for every perch And that if any Hoggs should be found feeding or rooting upon the said Sea-banks they to be amerc'd for every foot id. and for each mandible id. And for Sheep or Cattel treading or depasturing thereon from Rousebeehe to Pulberys gole to forfeit id. for every foot as often as occasion should be And they also ordained that all the lands lying in the field of Sadylbowe abutting upon Seche water leswe betwixt Thefe gate and Farlow diche should raise the Stows equal with the land on each side and with Hurdles laid upon them six foot in bredth to prevent the water coming from the Sewer of Sechewater leswe from overflowing upon penalty for every Stow vid. And that the Causey extending from Newdiche through Lenne gate and B ..... milhirne on the West part to Puelldole was in decay and from Puell dole by Thefe gate and the lands of the Prior of Schouldam ....... to .... Diche and from a place called the ...... hee by Powdiche on the North-side unto the great River of Wigenhale by reason of the excesse of water coming out of the Field of Seche and Watlington In 14 H. 4. Iohn Ingaldesthorpe Iohn Harsyk Simon Baret Iohn Mannyng and Thomas Styward were constituted Commissioners for the view and repair of the Banks Sewers c. in the Hundreds of Frebrigge and Claklose betwixt the Mill at Marham and Secchithe Bridge with direction to proceed therein according to the Law and Custome of this Realm The like Commission in 16 H. 6. had William Earl of Suffolk Sir Raphe Cromwell and Sir William Bardolf Knights Will. Godered Nich. Dyxon Clerk Sir Iohn Colvyle and Sir Thomas Tudenham Knights Andrew Sperlyng Iohn Heydone and Gilb. Haltofte for all those throughout this whole County with power to make Laws and Ordinances therein according to the Law and Custome of this Realm and of Romeney marsh and to determine all things therein according to those Laws as also to imprest so many Diggers and Labourers upon competent wages as they should think necessary to imploy in those Works in regard of the expedition which the same required But farther touching this North east part of Norfolke than what hath been said I have not observedâ— untill the xviith year of Queen Eliz. reign that Sir Nicholas le Strange and Sir Robert Bell Kts with other Commissioners of Sewers for the Hundred of Clak clos made these following Ordinances upon the fourth of Aug. in a Session of Sewers held at Kings Lynne viz. That all the Banks against the great River extending to Narborough barrs to Canons fen shall be repaired and made in bredth at the bottom xvi foot at the top 4 foot and in height 4 foot and the Chanel of the River 24 foot in widenesse The like all along
down to Pentney Mill. That Pentney Mills be pulled down whereby the drowning of the common ground of Marham and Shouldham may be prevented which by reason of the keeping up the water for those Mills are overflown That the back Dike from Narborough barrs to Cardike be kept in bredth 8 foot and in depth 5. That all the Banks of the River from Blackborough bridge to Prioursturne be made in height and bredth as aforesaid So likewise then to Cotehill and thence to Sechee bridge That the Drayn called Wronglode extending from Wode dyke to Tile kill be in bredth 8 foot and in depth 4. So also the Sewer called Wode dike lying in Marham and likewise Carre dike That the common Sewer called Bush fen extending from the said Car dike to the great River be made xx foot in bredth and five foot in depth That a Dam be made on the West side of Bush fen Ea in Dunstall dike so that the waters coming from Car dike may run into Bush fen Ea. That a Drain in Marham extending from Crosse yard to Padocks hill be made in bredth five foot and depth three That the old River in Marham be made 12 foot broad and four foot deep from the place where Marham Mill stood to Beares head Thence to Marplot dike of the same bredth and depth Thence to Dunstall dike and thence to String dike in like sort That Dunstall dike shall Drayn through the Mill Causey by a sluce there to be made of two foot square into a Dike lying on the North side of a Hop-yard called Hopyard dike Which Dike extending from the said Causey to Stringdike to be 8 foot wide also and 5 foot deep That the Drayn in Marham extending from Swans nest to Bradwell lode be made eight foot wide and four foot deep That Bradwell lode extending from the Abby yards end unto the old Ea and so to the Crosse willow be made of the like bredth and depth That the Drayn from Dowhouse-Close to Crowdwâ—ll gappe be kept in bredth x foot and in depth 4. So likewise Fryday lode extending into the said Old Ea. That the Common Drayn called the Old Ea extending from Haddon Mill to Black dyke be made and kept 8 foot in bredth and 4 in depth So likewise from Haleroft barrs to Wirmgey bridge That the said Common Drayn or Old Ea from Wirmgay bridg to the Abby stile to be kept in bredth xii foot and depth 5. And from the said Abby stile to Cotehill and so to the great River xvi foot in bredth and in depth as aforesaid That the River of Wisse extending from Whittington to Stokebridge be clensed and made in bredth xl foot That Stokebridge containing three Arches of the widenesse of 40 foot be repaired by the Countrey neer adjoyning That the said River of Wisse from Stokebridge to Sandell were thence to Haveringay were Bishops were Izelham were Cote were New were Forwere Helgay bridge Hide were Shellewere and West lode be clensed and made in bredth xl foot as aforesaid and thence to the great Ouse in bredth 30 foot And that two Jetties or Peers of stone xviii foot distant each from other be set upon the said River within 200 foot of the said River of Ouse That the Landlake which taketh its beginning out of the River of Wisse at Weere dike a mile distant from Stoke bridge whose natural fall to the Sea is through Snore fen through Helgay Causey in a Pipe of Timber or Stone and thence c. to Gunnels lode be there divided into two branches the one directly Westward to the River of Ouse â— and the other Northwards through Denver South fenn in each whereof neer the said River Ouse to be placed a substantial Gole That the Banks on the South side of Wisse from common Fengate in Helgay be made 8 foot in bredth and 4 foot in height That the Banks on the East side of Ouse from West lodes end to South lode be made and kept 8 foot broad and 4 foot high and from thence to Modney cote ten foot broad in the bottom 5 at the top and 5 foot in height That the Drayn in Helgay fenn called the Wisse be kept in bredth 12 foot and depth 4. unto Miles end corner and from thence to the River of Ouse 10 foot broad and 5 foot deep And at the end thereof a Gole 2 foot square and 16 foot long That a sufficient Drayn be made at the Causey between Helgay and Modney That the Drayn between Fordhammore and Portmore in Helgay be made in bredth 12 foot and depth 5. And a Gool at the end thereof of the like dimension as aforesaid That the Drayn betwixt Thack fen and Helgay-more be 10 foot in bredth and 4 in depth with the like Gole as aforesaid That Turff fen lake in Helgay be kept 12 foot broad and 6 foot deep with a Gole where it enters into Ouse That the Common Dayn called Creekâ— lode extending from Creek mere in Little port to the 4 Lodes and thence to Pulwear lake be kept in bredth 20 foot and depth 6 foot and so likewise to a place called the Willow and thâ—nce to the River of Ouse 16 foot in bredth and 6 â—oot deep with a Gool at the end thereof of 4 foot in bredth and 5 in depth That Rebech River in Helgay extending from Redmercote unto the great River of Ouse in Sotherey be made in bredth 40 foot untill it come within three furlongs of Ouse and then 30 to be done by the Townships of Feltwell Hockold Wilton Brandon-ferry Santon and Dounham and all others having any grounds drayning through and by the said River That the Common Drayn in Sotherey called Stake lode be in bredth 12 foot and depth 4. till it come to Crosse water and thence to the River of Ouse 14 foot in bredth That Sotherey Causey be made 18 foot wide at the bottom 14 foot at the top and 3 foot in height That the Banks of Ouse North of Sotherey Ferry to Modney dike be 8 foot in bredth at the bottom 5 foot at the top and 3 foot in height That the Land drain in Sotherey extending from Sotherey barr to the Hall yard be kept in bredth 8 foot and in depth 3. and so till it come to Stake lode That Pollver drain in Wirmgay beginning at Campions hills extending to Sechey Causey and thence to Kings bridge be 10 foot in bredth and 4 in depth That the Drayn in Watlington and Totnell extending from Theâ—fes bridg unto Hobs dike be kept in brâ—dth 6 foot and depth 3. And Hobs dike 9 foot wide and 4 foot deep That East wroe dich Bank in Watlington otherwise called Savers banke which defendeth the fresh waters of Polver drain and Seche River from overflowing c. to be heightned in every low place That Polver drain from Kings bridg to the Gole head be made in bredth 16 foot and in depth 8. That Geris dam â— in
Watlington be kept in bredth 12 foot and in depth 6. and the menure cast out of it to be laid upon the Causey on the North part therof for the raising of the same Causey That the Were Bank lately made by the Inhabitants of Walington extending from the great River at Bells drove to Moynes crost leaving in the midst of the Old Ea a Wast to be made of iime and stone 3 foot square and a sufficient Drayn from the same to Geris dam be sufficiently maintained That the Townships of Runcton holme and Watlington do make a Drain from the Pipe lying between Bells drove and Flemings hive to the great Lake of 8 foot wide and 4 foot deep That those which ought to amend the Drains neglecting for 14 dayes the Dike Reeve to perform the work taking for for every peny laid out 3d. Thaâ— the Causey called Fleming hive lying in Runcton holme be made in bredth 16 foot and in height 5 on the North side That Thorpe land gole be maintained 9 foot in bredth and in depth 4. That Stow goole alias Hirne gole be made in bredth 8 foot and in depth 4. That the Sea-banks from Stow bridge to the division between Stow and Dounham be in bredth on the top 8 foot and in height one foot higher than the highest Water-mark That the Drayn in Wimbotesham extending from Midlâ—tons house to the Parsonage be 3 foot broad and 2 foot deep thence to Inghams Corner 5 foot broad and 3 foot deep and thence to Wimbotesham gole in bredth 8 foot and depth 5. That the Drayn in Downham on the East side the River of Ouse extending from Bydewells to the great River be made from Bydwell to Goodcrosse in bredth 3 foot and depth 2. From thence to the Goole dich in bredth 8 foot and depth 4 and from thence to the great River in bredth 10 foot and depth 5. That the Drayn in Dounham by Yerning ditchs extending to Tullymore in Denver be made in bredth 8 foot and depth 5 and the Gool belonging thereto to be repaired That the Banks on the East side of Ouse from Dounham goole to Denver hithe be 6 foot broad at the top and one foot higher than the highest Water-mark That all the Banks of the said River from Denver hithe to West lode and thence to Gunnels lode be on the top 5 foot broad and one foot higher than the highest Water-mark So likewise on the North side of West lode alias Wyssey River extending from Gunnels lode to Shippen lode And from Shippen lode to Helgay bridge to be 12 foot at the bottom 6 foot at the top and in height equal with Helgay Causey And in the seventh year of King Iames the Sea having made a very great breach betwixt the Towns of great Yarnmouth and Happisborow in this County of Norfolk and overflowed and drowned much hard grounds besides the greatest part of the Marshes and low grounds within divers Towns and Parishes not only of this County but also of Suffolk there was a special Act of Parliament then made for the issuing out of Commissions under the great Seal of England for the Survey and view thereof and using such other means for the speedy recovering of them as by the said Act are particularly directed CHAP. XLVI IN 6 H. 3. complaint being made to the King that the Sea-tides had overflowed a great part of Dunwich and the Lands adjacent as also that they did daily encroach more and more thereon so that farther damage was like to happen in case something were not done therein he issued out his Letters Patents unto all the Earls Barons Knights and Freeholders of this County affectionately desiring them that they would apply a proper and speedy remedy thereto And in 3 E. 1. the King directed his Precept to the Constable of Orford Castle that for the better defence of Orford marsh he should cause new Banks to be made where none were before and to repair the old ones in all places where they were defective In 18 E. 1. there was so great and suddain an inundation of the Sea at Gernemuthe and the parts thereabouts that it broke into the Houses and carried out much of their goods and Chests with money and Jewels as also Sheep and other Cattell out of the pastures many whereof were taken up by those who were not the proper owners of them Whereupon the King having information he constituted Will. de Gyselham and Will. de Redham Commissioners to enquire in whose hands they then were and to cause restitution thereof to be made In 3 E. 2. Hervie de Staunton Iohn le Breton Ric. de Walsyngham and Thomas de Ingaldesthorpe were assigned to view the Sea-banks Ditches and Sewers in this County and to take order for their repair where need required The like assignation in 9 E. 2. had Robert de Reydone and Roger Sturmy for all those upon the Coast betwixt Ippeswiche and Donewich And in 31 H. 6. the Abbots of Leyston and Sybeton Thomas Brewes Iohn Harleston Will. Ienney Reginald Rous Iohn Strange and Richard Yakesley were appointed to make the like view from Amynesmere haven unto Rakewarebrigge and from Stonhill to Keyesbrigge and from Rakewarebrigge to Yoxford brigge and to make Statutes and Ordinances according to the Lawes and Customes of Romeney marsh c. as also to take up so many Diggers and other Labourers upon competent wages as should be necessary to be imployed in that work in respect of the great necessity in accelarating thereof for the avoidance of further mischief So also in 36 H. 6. were Sir Robert Corbet Knight Thomas Brewes Iohn Harlestone Henry Grey Reginald Rous and Henry Turnour CHAP. XLVII REturning now Westwards I come to Cambridgshire wherein the largest proportion of this spacious Fenny tract lyeth and in regard that the obstruction of the old natural outfall at Wisebeche not only of that great River Ouse wholy with Grant and likewise a branch of Nene then united to it but of divers Lodes and Lakes besides hath been both the Original and chief cause that the main Level became thus totally overflowed and consequently the occasion of such excessive pains and continual chardge aswell for the preservation of it from utter drowning as recovery of what was so under water I shall next take notice of the manifold endeavours and vast expences in that kind which have been used in order thereto as also of such dreadfull inundations from the Sea by reason of sundry violent tempests or of the same fresh waters which for divers ages have hapned in these parts In the year MCCxxxvi 21. H. 3. on the morrow after Martinmass day and for the space of eight dayes more so boisterous were the winds that the Sea being raised much higher than its usual bounds broke in at Wisebeche and other places of this Country ita quod naviculae pecora necnon hominum maxima
his Progenitors inter alia of certain Lands and fishing which Ulfkytell had in Welle And that though the said fishing was then viz. when this Inquis was taken called Livermere and in the Town of Welle which was before called Wylla and in the County of Cambridge and that a certain water called Nene had time out of mind ran to the said Lake and did then so do and that the said Abbot and his Predecessors had ever had the said Lake or fishing with the course of that River of Nene running thereinto and peaceably enjoyed the same the said Commissioners by Virtue of the King's Letters Parents for the view and repair of the Banks Ditches and Sewers in that County and by colour of an Inquisition taken before them without any notice given to the before-specified Abbot intended the obstruction of the said water-course wherein in case they should proceed the said Abbot would totally lose the benefit of his said fishing to the damage of the King himself because that the profit thereof with the benefit of the other Lands belonging to that Abby being of the said Kings Patronage ought to belong unto the Crown in the time of every Vacancy he therefore required them that they should not make any attempt therein to his prejudice without consulting with him Whereupon the Wednesday next before the Feast of the blessed Virgin being assigned the said Commissioners sate again at which time the said Inhabitants of Elme Welle and Wisebeche brought the Kings Writ by virtue whereof the Bayliffs of Tyd Neuton Leverington Wisebeche Elme and Welle were required to summon xij of the most substantial men in every of the said Towns to appear at the Castle of Wisebeche before the said Justices upon Wednesday next after the Feast of S. Luke the Evangelist there to perform what should be enjoined them on the said King's behalf touching the obstruction of that Crike And the said King did likewise issue out another Precept unto the before-specified Justices that after their said Session they should upon the Octaves of S. Hillary under their Seals transmit the Record of their proceeding therein unto him to the end that upon perusal thereof he might consider what farther to do therein according to the Law and Custome of this Realm The next ensuing year sc. 14 E. 3. Iohn de Hedersete Iohn de la Rokele and Hugh de Walton were assigned to view the Banks and Sewers on both sides the water of Well Ee within the Town of Waterwell on the borders of Norfolk and Cambridgshire and to take order for their repair And the same year at a Session of Sewers held at Wisebeche upon Monday next after the Feast of S. Iohn Baptist for safeguard of the Towns of Elme and Welle it was ordained that there was a necessity of mending and raising the Bank called the New diche lying betwixt the Rivers of Elme and Welle full two foot more than it was at that time in the highest place and so beginning by the Level of Fryday brigge to Charite Crouch thence to Gongsted lake according to the same Level height and thickness thence to the Cowestowe thence to the Garden of the Prior of Meremaund and thence to Lakebrigge every man to make his frontier of the same height thickness and Level And they also decreed that from Gonsted lake unto Charite Crouch no man should come neer the said Bank called the New diche for to mow or dig for the bredth of ten perches towards Coremere and Hendmere except for the mending of the said Bank and that to be done by common assent And they likewise ordained that a Clow of five foot in bredth and in depth two foot should be made at the Lakebrigge to carry away the waters betwixt the Newdiche and Bishops diche at the charges of those who had Lands and Commons within those places And that one Clow should also be made at Frydaybridge and another at the Stone-Crosse in Outwell for avoiding the waters of Needham each of them of the same bredth and depth as abovesaid and to be done at the costs of all those who had lands within the Bishopsdiche and Needham diche and within the River of Elme and the Greendiche and Thorndiche And they moreover ordained that the old Sewer of Deleford unto the Stone-Crosse should be clensed and digged as it ought to be at the charges of Needham and that every Ditch drawing water to the said Sewer should be opened at all times of the year wherein water could run And that Piisdrove should be raised in each low place and that from the same little Drove one Crest should be made into the large Drove unto the Grenediche having a Causey for Common Drift of Cattel at all times of the year and this to be done at the charge of Upwell and Outwell and that all Slades and low places in the same Drove and ways be amended at the charge of the Towns each for themselves And they likewise ordained for Drayning of the Lands at Bodebeche that there should be three Pipes placed the first of one foot square every way and this to be fixed in the Bank sometime belonging to Gilbert atte Delf neer the Milne hill the second in the Bank of Christian de Beaupre opposite to the School being two foot in bredth and one foot in depth and the third in the antient Sewer to be a foot square on every side All which Pipes to be made at the charge of the Landholders in Bodebeche And they also ordained that the frontier of the Abbot of Dereham in Bodebeche should be stopt and that for the future no mau should dig Turfs nor Slakkes in the common Droves of Elme and Welle for dieving of flax or hemp in the common Ditch and Sewer to the nusance of the Commonalty except by the oversight and appointment of the Guardians which were to be deputed for the present And that the Bank called the New diche extending from Charite Crouch to the Prior of Meremound's Garden should be anew repaired equally and afterwards agisted And also that the breaches in Bishopesdiche and Needham diche should be repaired and moreover that all the Frontiers of the Uausedrove unto Frydaybrigge and thence to Eustace le Vernoun's Drove should be stopped up And they also ordained that one stop should be made in Oldfield neer to the Se diche in the Ditch of Raphe atte Field and to be in thicknesse eight foot at the charges of the said Raphe And that the Floud-gates of Elme as also the old Bridge together with the great Bridge neer to the Church of Elme should be newly repaired and amended at the charges of the whole Town And that for the repair of the said New diche every Acre of land from thence to Needham diche should pay a penny and every Acre from Needhamdiche unto ....... and Uernons field and the Infield and Brodbechefield an half peny and either more or lesse as need should be About
thence to Mareysdam thence to Charite Crosse and thence to Vernouns Corner and as to the making of the new Dich there from that place all along to the Bank of Welle and so to the River of Welle and likewise as to the eight barrs upon the same Bank they did assent to them all And as to Drayndike and Blakedike Floudgates and Crests within the same precinct they did also concur And as to the Agistment to be new made according to the proportion that every one held and the performance of all other things they could neither for themselves nor the Towns aforesaid gainsay them And therefore they did well agree and desire that all the same Ordinances so established as aforesaid should for the future be performed in every Article to the full according to the force and effect of them and for the accomplishment thereof they did severally oblige themselves without any contradiction And Iohn Payne who then prosecuted for the King required that Iohn Simmeson with the rest before-named should be compelled on the said Kings behalf for the performance of all the said Ordinances And because the Court was not then determined to give judgment therein it was adjourned until the Wednesday in Easter week Upon which day the said Iohn with all the rest came but then there was another adjournment viz. unto the Saturday next after the Exaltation of the Holy Crosse in the xlixth year of the said Kings reign At which time the parties above specified came again but then it was also adjourned untill the Wednesday in Easter week in the 50 year of the said Kings reign And at that time they put it off till the Monday after the Feast of S. Michael then next following Upon which day all the parties before-specified appearing and in regard that the said Iohn Simmeson and the rest could not say but that the Ordinances before-specified were necessary and good they obliged themselves to the future performance of them It was therefore decreed and ordained that the same should for the time to come be put in execution and accordingly there was a Precept issued out to the before-mentioned Stewart to distrain the said Iohn Simmeson for the new-making of the said Agistment according to the form of the before-specified Presentment and to bring the same so mâ—â—e under the Seals of the framers thereof before the said Justices at Ely upon VVednesday next before the Feast of S. Nicholas the Bishop then next ensuing at which time all the persons before-mentioned had warning to be there Who appearing accordingly the before-specified Steward required of the said Justices that the said Ordinances and Agistment might be ratified and confirmed Whereupon they ordained and decreed for the better safeguard of the said Towns and place that the Inbabitants of Wisebeche should be agisted upon that Bank and begin to make the same from the division betwixt Elme and Wisebeche viz. from the Stone Crosse neer the House of Lepers unto the Town of Wisebeche and thence to the River of Wisebeche directly to Griggeshâ—rne and to maintain and repair the same for the future as often as need should require aswell in thicknesse as in height according to the above specified Ordinance at their own costs and charges And that the Bishop of Ely for his Mannour of Walterse and for all his Lands in Wisebeche and Elme with in the said precinct excepting xxxv Acres of his land lying at the Cylere in Wisebeche and all others who had Lands Tenements Common of Pasture or Fishing in the said Town of Elme within that Precinct to be agisted for the making of the same Bank from Griggeshirne aforesaid unto Banstedhirne thence to Tilney hirne thence to Coldham hithe thence to Mareys dam thence to Charite Crosse thence to Vernoun's Corner and so upon the Bank to be new made there untill over against Welhirne drove where the Bank of Elme is divided from the Bank of Welle And that all the Inhabitants of Welle who had lands within the said precinct should be agisted for the making of the said Bank from that place opposite to Welhirne-drove unto Welleclote thence to Lakebrigg thence to the River at Upwell bridg and thence to Outwell bridge and thence returning back to Loundesgote at Elme And that the men of Elme who had Lands within the before-specified precinct should be agisted to make the Sea-bank from the said place called Loundesgote unto the Floudgates of Elme and thence to the Stone Crosse neer the house of Lepers which is the division betwixt Elme and Wisebeche All which Ordinances Decrees and Agistments aswel the parties above-specified as the Towns before-mentioned did consent and agree to hold firm and stedfast for ever In 48 E. 3. Sir Roger de Kirketon Sir Raphe Rocheford Sir Iohn Colvile Kts and others were assigned to view the Sea Banks and Sewers in the Towns of Leverington and Neuton and to take order for their repair After this viz. in 1 R. 2. there were certain Presentments made at Ely in a Session of Sewers held there on Wednesday next after the Feast of S. Nicholas concerning the Banks Ditches Sewers in Ely Dounham Littleport Hadenham Sutton Chateriz Dudington March Marchford Wittlesey Elme Welle Wisebeche Leverington Neuton and Tyd S. Giles and elswhere within the Isle of Ely the tenor whereof are as followeth viz. that for the better preservation and safeguard of the three hundred acres of land in the Town of Elme on the North side thereof lying in the fields called Townfield Halpenifield and Inhamfield there should be made one Bank upon the soyl of the said Town of Elme in the Parish of Elme for stopping of the salt water and the same to be done at the charges of all the Landholders in those fields Which Bank so to be made to begin at the Sea-bank at the Stone-Crosse being the division betwixt the Lands of Elme and Wisebeche and so to go Westwards directly to Cromediche upoâ— the land of Iohn Ristoft and thence directly to Illerisdiche in Hanc drove upon the land of Reginald Toftie and thence by a straight line unto Illiresdiche upon the land of Iohn de Waltersey thence to the Bank of Bekedale and there to be joyned with that Bank which Bank to be xxiiii foot in bredth at the bottom and in height four foot from the Level ground And that there should be three Sluses or more if need were in the Sewers of Elme under the said Bank for the letting out of the fresh water and likewise sufficient barrs to hinder the driving of Cattel to and fro upon the said Bank And they likewise said that there would need an acre of Iohn Ristoft's land valued at Lvis. viiid. and of Reginald Tofties an acre valued at xlvis. viiid. and of Iohn Walterse's one acre valued at xxs. and no more because it was low ground but if there were need of more then more to be taken when and where need required making allowance for
said River viz. from the great Bridge of Wysebeche to Sozelsdyke and the New dike from Sozelsdike to Geyhirne and the Fen-dike from Geyhirne aforesaid to Pigges drove each man according to the proportion of his tenure as often as need should require And they moreover presented that the Landholders in Leveringtone did use time out of mind to repair maintain and new-make a certain Fen-bank in Leveringtone from Pigges drove Crosse unto the Clouse which is the division betwixt Leverington and Sutton each man according to the quantity of his land according to an antient Agistmentâ— Whereupon the said Commissioners did decree the same accordingly And they likewise presented that the Landholders in Leveringtone did use and ought time out of mind to repair maintain and new make a certain Bank called Shoffendyke extending it self from the said Clouse to Gore-dyke in Neuton each man according to the proportion of his holding Whereupon it was accordingly decreed And they also presented that the Landholders in Neutone used time out of mind and ought to repair maintain and new make a certain Bank called the Shoffendyke beginning at the Gore-dyke of Neutone and extending it self to Tyd-Threddyng each man according to the proportion of his tenure as often as need should require Whereupon it was decreed accordingly And they presented that all the Landholders in Tyd S. Giles did use time out of mind to repair maiâ—tain and new make a certain Bank called Shoffendyke extending it self from Tyd-Threddyng unto the Egryndes in Tyd S. Giles each man according to the proportion of his Land Whereupon it was decreed accordingly And they likewise presented that there had been time out of mind and also ought to be two Clows in Leverington one at Rotespipe aâ— the charge of all the Landholders from Newbrigge drove in Wisebeche unâ—o the See dyke and the other at Meysland at the costs and charges of all the Landholders from Sozel dyke in Wisebeche unto Newbrigge drove in the same Town And they presented that the Prior of Ely and Sir Thomas Tudenham Kt. ought and had wont to repair time out of mind one Crest in Tholymesse drove in Wisebeche beginning at the Fendyke and extending it self to Tolymers in the same Town four foot in height and eight foot in bredth And that the Landholders of Geyhirne field of Wisebeche time out of mind had used and ought to repair a certain Crest extending it self from Blakedyke unto Mariotts brigge in the same Town in height four foot and in bredth eight And that the said Landholders of Geyhirnefield did use also time out of mind to repair the Crest from Maryottisbrigge to Tolymers drove neer to the common Sewer on the West side four foot in height and eight foot in bredth And they said moreover that the Landholders of Geyhirne Crosse in Wisebeche unto Sozel dyke ought to make and repair one Crest upon Blake dyke from Geyhirne crosse to Sozel dyke aforesaid in height four foot and in bredth eight And that the Landholders in Geyhirnfield as also of the lands of Will. Cause in Tolymersfield in Wisebeche ought to make and repair one Crest from Mariottesdrove in Wisebeche unto Doddesbrigge in the same Town neer to the common Sewer on the North part in height four foot and in bredth eight And that all the Landholders in Rechey field ought to make and repair one Crest from the said Clow unto Belymylle brygge neer to the common Sewer on the East part in height four foot and in bredth eight And that Thomas Hyptoft and his Tenants ought to make and repair one Crest in Rat Rowe on the East side of the way called Tolymersdrove unto Rat Rowe brigge in height four foot and bredth eight And that the Tenants of Hugh Sozell's lands in Wille Lake and of the lands of Mundeforth felde ought to make and repair a Crest in Gamyl drove from Doddesbrygge to Blakedyke in height four foot and bredth eight And they likewise presented that all the Landholders of the xxx acres in the Town hende in Wisebeche ought to make a repair a certain Bank called Belymylle dike from Belymylle brigge unto the land late belonging to Will. Beteyns in height four foot and bredth eight And that the Landholders in Sayersfield in Wisebeche ought to make and repair one Crest in Waldysgate from Belymylle brigge to Robyns brigge in the same Town in height four foot and in bredth eight And that the Landholders in Briggefield in Wisebeche on the North side of the River abutting upon Bridgedrove Eastwards ought to make and repair one Crest in Briggedrove in Wisebeche in height four foot and in bredth eight And that all the landholders in Wisebeche ought to make and repair a Clow in the Sewer of Wisebeche at a certain Bridge in Neutone neer to Fytton Gole for to stop the water there when need should require And they also presented that whereas there were three Pipes newly made in a certain field called Smal medows in Wisebeche one by the Bishop of Ely and his Participants the second by the Lord by Coldham and his and the third by the Landholders on the South side of the River of Wisebeche they were made too big in bredth and contrary to the Presentment of the Jurors it was therefore decreed that they should be amended the said Commissioners therefore did ordain and decree that the Bishop of Ely and his successors Sir Thomas Todenham Knight Thomas Hyptoft Will. Caus and his heirs the Lord of Coldham and his Participants and all others before-mentioned and all the Landholders within the said Town of Wisebeche as aforesaid should for the future be charged to make repair and maintain all and singular the Banks c. specified in the said Presentment according to the proportion of what they held as often as need should require And for the better safeguard of the said Town of Wisebeche they moreover did ordain that the Bank called Wisebeche fen dike should be barred in certain places needfull to prevent Cattel from passing thereon and that hassocks should be gotten in the Fen and laid at the foot of the said Bank in several places where need required And that all the Landholders of Oldfield in Wisebeche abutting upon the Sewer of Coldham ought to stop the ends of their Ditches beginning at Tylyry lane unto Coldham pipe And the said Commissioners also decreed and ordained that all Kedylls Stamps Dams and other Engines in the River of Wisebeche whereby the water was in any sort straightned or stopped should be removed and taken away and that no man thenceforth should make any stamps dams Kedills or other Engines in the said River from Geyhirne to the Sea upon penalty of Cs. to be paid to the Bishop of Ely for the time being And that there should be a Guardian appointed for the safeguard of the Countrey to oversee open and shut the four Gotes of Wisebeche Leverington Neuton and Tyd S. Giles yearly at the
season Upon consideration of all which the said Commissioners did ordain and decree that the Bishop of Ely and his successors and Will. Vernoun and all the Landholders in Elme aforesaid should be chardged to make repair raise and maintain all and singular the Banks and Sewers before-mentioned in such sort as they are specified in the said Presentments each man according to the proportion of what he holdeth whensoever need should require And moreover whereas the water of Old field in Elme on the East side of the River of Elme ought to have its course and issue by a Pipe lying under the River of Elme called Massyngham's pipe and thence to run into the River of Wysebeche at Bevyse but by reason that the River of Wysebeche had for many years past been so filled up with fi lt and sand brought in by the Sea-tides that it could have no passage there the said Commissioners ordained for the better safeguard of the said Town that the said water of Oldfelde should for the future pass away by the said Pipe called Massyngham's pipe lying under the River of Elme betwixt the messuage of Iohn Blythe on the one patt and the messuage of Iohn Ratelesdene on the other and thence directly by an antient Sewer betwixt the Land of Iohn Tofty on the one side and the Land of Iohn Westbroke on the other unto the Drove called Toundrove and thence by the said Drove on the one side and the hades of the Lands belonging to Iohn Westbroke Iohn Edryche and Bedylacre unto the Lands of Will. Eryswell on the other part and thence by the said Drove on the one part and the Land of Iohn Conysbury and Will. Bryswell on the other part unto the Sewer called Coldham Sewer at Crumdykbrigge and thence into the said Coldham Sewer unto the pipe lying under the River of Wisebeche called Coldham pipe and thence betwixt the said Coldham Sewer unto the Floudgate in Leverington called Dieugard and thence to the Sea And that the water of Redmorefeld and Walyshfeld should not for the fâ—ture run or have its coursâ— by the â—â—d Sewer of Coldham but by a Pâ—pe called Redmore pipe lying at the Towns end of Elme thence betwixt the Bank called Hillary dike on the one sidâ— and the hades of Iohn Walpole's Lands unto the Land of Will. Beston on the other and thence thwarting the said Bank callâ—d Hillary dike into the Sewer called Waltersee Sewer and so along that Sewer unto the Floudgate in Leverington called Dieugard and thence to the Sea And that all persons having Lands in the said Field of Oldfeilde and all others receiving benefit by the drayning away of the said water should thenceforth be perpetually chardged with the sufficient making repairing and maintaining of the said Pipe called Massynghams pipe and the said Sewer leading thence unto Coldham Sewer at Cromedyke brigge as aforesaid according to the quantity of their Lands And likewise that they should contribute with Will. Venour Lord of the Mannour of Coldham to the making repairing and maintaining of the said Sewer called Coldham Sewer from Cromedike brigge aforesaid unto the Sea as also of the Crest thereof and likewise to the said Pipe called Coldham pipe according to the proportion of their Lands in such sort as the said Will. Venour and his Participants had before done according to an Ordinance for that purpose antiently made And that the Crests of Coldham Sewer should be sufficient for the water of Oldfield to run into the said Sewer of Coldham within the same and to overflow the Lands adjoining thereto And they also presented that every person having any Ditch abutting upon the said Sewer of Coldham ought thenceforth to stop up the same with a Dam and a Clote set thereon which Dam to be xij foot in bredth and in height equal unto the hades adjacent so that no prejudice might come to the Lands lying neer the same Sewer as it had been antiently ordained And that all persons having Lands in Redmorefeld and Walyschfeld should thenceforth be contributory together with the Bishop of Ely unto the said Sewer of Walterse from that place in Hillary dyke where the waters of Redmorâ—feld and Walyschfeld do fall into the said Sewer of Waltersâ—e and to make repair and maintain the Crest of the said Sewer of Waltersee together with the said Pipe called the Lordyspipe according to the quantity of their Lands And they moreover presented that the Landholders in Leverington ought and had used to make and repair one Bank in Leverington called the Wardyke and to raise it higher by three foot than it was in the best place And that the said Town of Leverington had used time out of mind to repair eight Bridges in Neutone lying in certain places specified in the Kings Records in such sort as they had antiently done And they said that those eight Bridges in Neutone did lye as followeth viz. the first Southwards at the Clow which was then to be repaired the second â—oward the frontier of Andrew Cok two others at Leverington pipe in Neutone one at Lordislane one at Childesgrave one at Grenedyke and one at Startesgate And the said Jurors being asked if ever any of them saw any of those eight Bridges in any other place than they were at that time and they answered No. And they likewise presented that the Town of Leverington had time out mind used and ought to repair and raise one Crest in Leverington beginning at Neuton Gordyke and leading to Bondesgote in Leverington and thence to Rechemound in the same Town in height four foot and in bredth eight And that the Landholders of Harpfelde in Leveringtone ought and did use to repair and raise a certain Crest in another place called Towlanes beginning at Shoffendike in Leveryngton and leading to Blaklane in the same Town in height four foot and bredth eight And that the Landholders in Southhinham in Leverington ought and had used to make repair and raise one Bank called Overdyche in Leverington aforesaid beginning at Belymylle brigge and leading to Parsondroveshunte in the same Town thence to Meysbrigge by the Landholders of Northhinham thence to Blakelanefeld by the Landholders of Fenhalfâ—ld thence to Bondysgote by the Landholders in Blakelanefeld and to make it two foot higher than it was at that time in the best place and in bredth xij foot And they presented that the Landholders in Fenhalfeld in Leverington did use time out of mind and ought to make repair and raise a certain way called Polylane beginning at Shoffendyke in Leverington and leading to Meyesbrigge in the same Town in height four foot and in bredth eight In consideration of which Verdict c. the said Commissioners did ordain and decree that the same should be performed accordingly viz. every man according to the proportion of his holding as often as need should require And the said Jurors also presented that there ought to be made one Sewer in Fenlondfeld in Neutone in
bredth six foot and in depth three betwixt the land of Martin Thompson and the land of Iohn Mendham at the charges of the landholders who had benefit thereby And that another Sewer should be made in the same field in bredth six foot and in depth three betwixt the land of Iohn Rogerson and the land of Alice Pope at the charges of all those persons who had also benefit thereby And that there should be another Sewer made in Longefelde in Neutone of the like bredth and depth neer to the lands of Iohn Derby called Barowsdyke and betwixt the land of Simon Thomsone from Mil-lane to Medow-lane at the charges of all those who had Commodity thereby And that another Sewer ought to be made in the middle of the said field called Longfield from the land of Sir Iohn Colvyle Knight neer to the land of Iohn Godeknape unto the said next Sewer in bredth six foot and depth three at the charges of all persons having profit thereby And that all the hades of the lands of Fytton croftâ—s should be digged from Doddyke to Medow-lane in bredth eight foot and depth four at the costs likewise of those who had benefit thereby And that all the hades likewise of the lands of Fytton croftes should be digg'd in bredth eight foot and depth four from Lowynsfendike unto Doddys at the charges of those persons who should have benefit thereby And they presented moreover that there should be another Sewer made by the hades of the lands in the middle of Oldfield from Fdtton croftâ—s to the land of Sir Iohn Colevile Knight called Wortheynyscroft in bredth six foot and depth three at the costs of all such persons who should have Commodity thereby As also another Sewer at Wortheynyscroft on the South side unto Dod dyke six foot in bredth and four in depth at the costs likewise of such as should have profit thereby And they also presented that the Town of Neutone time out of mind ought and had wont to repair and make a certain Bank called Lowynsfendike beginning at Fytton and leading to Tyd Siddyke two foot higher than it was at that time in the best place and xij foot in bredth And that Iohn Symondeson of Neutone for the whole time aforesaid ought and had wont to make and maintain a certain Dam at the East end of the land in Newfield to restrain the water of the said Newfield from descending into the next field called Rolsefield And that the said Town of Neutone ought and had wont to make and repair a certain Bank in Neutone called the Gordyke beginning at Blokkyslane and leading to Shoffendyche in height six foot and in bredth twelve Whereupon the said Commissioners did decree accordingly And the said Jurors likewise presented that all the Landholders in Newfield in Tyd S. Giles ought and had used to make and repair one Crest in a certain field called Beeslane field in the same Town beginning at Tyd Syddike and extending to Brounesbrigge in height four foot and in bredth eight And that the Landholders in Southfelde in the same Town ought and had used to make and repair another Crest from Tyd Syd dyke to Brounesbrigge in height four fooâ— and bredth eight And that all the Landholders in Southfelde in the same Town beginning at the land of Iohn Houshold abutting upon a certain mansion called Beesplace unto Tyd Syd dyke ought and time out of mind had used to make one Crest upon Syd dyke beginning at Beeslane end and leading to Averey's crose in the same Town four foot in height and eight foot in bredth And that the Landholders in Southfelde aforesaid of the lands abutting upon Brod gate ought and did use to repair and make one Crest neer to the common Sewer on the South side in height four foot and in bredth eight And that all the Landholders in Bradeste of the lands abutting upon Hascroft lane towards the West ought and had used for the whole time aforesaid to make and repair a certain Sewer beginning at the Sewer next unto the land called Stokwellesland unto Brossebrygge in bredth eight foot and depth four And they likewise presented that all the Landholders of the lands in Halcrofte for the whole time aforesaid ought and had wont to make and repair sufficiently the common Sewers in Halcrofte unto Welmany flete thwarting the High way called Crosse-gate and so by the land lately belonging to Thomas Retherwyk and Iohn Mayner unto the land lately belonging to Iohn Bee but then to Iohn Hunstone and so betwixt the land of the said Iohn Hunstone and Isabell Retherwyk unto Sondy lane and there to make one Bridge of one foot in bredth and asmuch in depth and so betwixt the land of Iohn Lambard and the land late of Geffrey Cosyn unto Sedyk lane and the land of a certain field called Blohevede unto the Floudgates And that all the Landholders in Edykfelde from Blakeslane to Mosselane abutting upon Edyke ought and did use to make and repair a certain Sewer at the North point of the lands of Edykfelde aforesaid in bredth eight foot and depth four And they also presented that all the Landholders in Edykfelde ought and had used to make one Sewer at the North end of the lands of Edykfelde aforesaid abutting upon Edyke from Blakkeslane to Barrowsgrene in bredth eight foot and depth four so that the fresh water might have its course to Blakkeslane unto the great Sewer and so the Sea And that all the Landholders in Hornefeld ought and had used to make and repair one Crest in Brodgate in Tyd S. Giles on the South part of the Sewer called Marteynesfendyk unto the Corner where Will. Hubert then dwelt in height four â—oot and bredth ten And that all the Landholders in Cokley field ought and had used to make and repair one Crest in Botteleslane from Bottelesbrigge to the Ee dyke in height four foot and bredth twelve And that all the Landholders in Fendykfelde and North lane feld ought and did use to make and repair one Crest in Blake lane in Tyd aforesaid from Bottelesbrigge unto Tubbesbrigge and from the land of Iohn Ingleche unto Ee dyke in height four foot and bredth eight And that all the Landholders of the lands in Carrowfelde abutting upon Ee gatâ— from Gotebrigge to Northlane ought and had wont to make and raise one Crest in Eegate in Tyd aforesaid where need should be in height four foot and in bredth twelve And that all the Landholders in Tyd aforesaid did use and ought to raise and make one Bank called Byshopesdyke from Tubbesbrigge unto the Ee dyke in height four foot and in bredth twelve And they moreover presented that the Town of Tyd S. Giles ought and had used time out of mind to make and repair sufficiently one Clow or one Dam in the Common Sewer of Tyd next to the Land of Simon Canchâ—ne and Hascroft lane on the West-part and another Clow or one Dam in the
to Dounham brigge unto Stow brink houses to which place it ought to be vi foot in bredth at the top and from thence unto Staple were 8 foot in bredth and of sufficient height And that the Inhabitants of Dounham Wymbottesham and Stow Bardolf ought to maintain the same in manner and form aforesaid Also they said that for the avoidance of the fresh waters falling within certain several grounds and common Fens of Denver aforesaid on the East part and South part of the said great River of Ouse there ought to be made at the costs and charges of the Inhabitants of Denver aforesaid and set at the said Hithe one good and subâ—â—antial Sluce of Stone and Timber with a falling dore for the avoidance of the said Fresh waters into the said great River And that there is an old Bank extending from Upwell Towns end by and through the Common of Upwell called Neatmore unto a place called Moule rech next unto the Common drove of Upwell extending from Upwell Towns end to Welney aforesaid the which Bank was made in the beginning as it should seem for the preservation of certain common and several Fens called Neatmore Low fen Waxbeche and Walsyngham fenns the which Fens amounting to the number of 2000 acres by estimation or more be yearly drowned by the decay of the said Bank And that the said Bank ought to be in height from the plain ground one foot and a half and in bredth in the Foundation 8 foot and in the top four foot in bredth and that the charges of making and keeping the same ought to be born by the Inhabitants of Upwell aforesaid And that there is another old Sewer called Small-lode between Upwell and Outwell aforesaid which beginneth at the great River in Upwell called Northbranch at a certain place called Welhirn yard and extending to Ingram's hirne and from thence to Seman's goole in the same Town Which Sewer ought to be scoured by the Kings Majesty for certain lands in Upwell aforesaid sometime belonging to the Monastery of West Derham by the space of three quarters of a mile And then the said Edm. Beaupre for his Mannour of Upwell â— and Will. Norman for lands sometime Iohn Aylesham's ought joyntly to keep and scour the said Smal lode from Ingram's hirne unto Seman's gole by the space of a mile And further they said that where there be 4 several fields in the Parâ—shes of Upwell and Outwell viz. Plawfield Churchfield Budbeche field and Sondy field the which fields be defended by great Banks kept by the Landholders of the said fields to their great costs they said that by reason of the aboundance of waters falling within the said fields it cannot be conveyed out of them unto the Sea by any of the Sewers before-mentioned for the avoidance therefore of the same fresh waters there ought to be made at the cost and charges of the same fields two Sewers the one to begin at a certain place in the same field called Wadingstowe and from thence directly in a Dyke by a certain Bank called Plawfield dike and so by a certain dike called Baâ—dike and then in a dyke between the Common Droves of the one part and the Lands of Robert Dannet Gent. on the other and so forth in a dike between a ground called the xxx Acres of the one part and the lands of the said Robert Dannet and Anth. Cotton on the other part and so directly into a Pipe or Sluce of Stone under the little River called the Small lode in Upwell aforesaid And the other Sewer to begin at Hilling drove in Plawfield aforesaid and to pass in two Dikes in both sides of the same Drove and so into the Common River called Hermite's Ee and from thence into a Dike between the Lands of Will. Walsyngham Gent. on both parts under the Common Drove called Sprouter's drove and so in a dike between the said Drove on the one part and the lands of William Norman on the other and from thence into the said Dike or Drayn at Bardrove and so into the said Sluce under the said River called the Smal lode and from the said Pipe or sluce unto the Dike belonging to the King in right of the late dissolved Monastery of West Dereham into the said field called Kirkfield and so in a Dike in the the same field between the Kings lands on the one part and the lands of Richard Fyncham Gent. on the other unto a certain ground of the said Richard's called Goddard's and there to be made a Dam between the lands of the King and the Lands of the said R. Fyncham And from thence the same Drayn to extend in a Dike overthware the Lands of the said Richard into a Dike of the same Richard on th' one part and the Lands of the Heirs of Peter Bateman on th' other part and there to be made a Dam between the said Lands and from thence overthwart in a Dike by the midst of certain ground of the King 's called Anbell land into a Common Drove called Dowes drove of th' one part and the said Anbell land on the other part and there to be made a new Dam between the said Lands and the said Drove And from thence to extend in a Dyke between the said Dowes drove and the lands of the King called Derebought land and the Lands late Walter Godard's and one piece of Land called Howardyn of the other part directly into Kirkfield Ditch and then overthwart in one Pipe or Gote of stone under Dowes drove aforesaid and so from thence in a Dike by a certain pasture ground of Ric. Foulesham called the xx Acres on th' other part and Kirkfield dike on the other and so in the said Dike into the Lands of Anthony Croftes and there to be made a Dam between the said Lands on the one part and the said Lands called the xx Acres on th' other part And from thence in a Dyke of the said Croftes directly by the said Kirkfield dyke unto the Common Drove called Eche drove and there to be made a Dam between the same Drove and the Lands of the said Crofte's and there to enter into a Gote or Pipe of stone under the said Drove And then in a Dike between the Lands of the said Croftes on the one part and Kirkfield Dike on the other part and there to be made a Dam on the other side of the said Drove between the same Drove and the said Lands of Croftes and so from thence in the said Dike of Croftes unto the Medow of William Norman somtime Iohn Curtis and there to be made a Dam between the Lands of the said Croftes and the said Will. Norman and from thence in a Dike between the said pasture of the said Will. on th' one part and the said Kirkfield Dike on the other part unto Kirfield Dike Corner â— and there to enter into a great Pipe of Stone and Timber under the said great River extending from
Outwell Shâ—ll unto North Delph And in like manner under the said Bank called the New Pow diche and from thence in a Sewer for the waters of both the said Fields called Plawfield and Kirkfield by and through the Common of Outwell aforesaid called Mullycourt Drove and so forth in the same Sewer or Drayn unto a certain place called the Sumptes against the Meadow of the said Edmond Beaupre called Galcroft and from thence unto a certain Bridge called Angle brigge in the Common of Outwell aforesaid And from thence unto a certain Sallow ground of the said Edm. Beaupre called Hodg hirne and there to enter into Rightforth lode which Lode beginneth at the South Corner of Hodges hirne aforesaid and extendeth from thence between the Common Drove of Outwell on the one part and the Marish and Fenn of the Earl of Arundell called Bardolf fenn on the other unto the North Corner of Hodges hirne And thence right forth between the Marishes and Fenns of the said Earl on both sides unto a certain place in Stow Bardolf aforesaid called North hooke and thence directly in a Drayn to Stow bridge in Stow Bardolph aforesaid and there through a Sluce of Stone and Timber into the great River of Ouse Also they said that for the safety of the field called Budbech field in Upwell and Outwell there ought to be made a Drayn by the Landholders of the same Field from a certain place in Upwell called Dod's style by divers heddings unto Pyes drove in Upwell aforesaid and there to enter into a Pipe or Gote of stone under the same Drove and from thence directly in a Dike between the Drove called Mayers drove of th' one part and the Lands of the said Rob. Dannet the Lands of the King as in the right of the said Monastery of West Dereham the Lands of the Dean of Ely and the Lands of Iohn Fyncham Gent. the Lands of the Heirs of Anth. Croftes the Lands of the Heirs of Edm. Chatterys the Lands of Iohn Coney the Lands of Reynold Hilbrond the Lands belonging to the Parsonage of Outwell and the Lands of the Heirs of Croftes and the Lands of the said Ric. Fyncham on th' other part and so in a Dike unto the Lands of the said Iohn Fyncham and then in a Dike between the Lands of the said Iohn on th' one part and divers men on th' other part unto the Yard stead of the said Iohn somtime Thomas Hollows of Outwell aforesaid and there to be made a Dam between the said Lands and the Lands of Iohn Coney And from thence in a Dike between the Lands of the said Iohn Fyncham unto the front of the said Iohn in Owtwell aforesaid and there to enter into a Pipe or Sluce of stone and Timber under the same front and also in the same Sluce under a certain River in Outwell aforesaid called the Little lode the which River divideth the said Counties of Norff. and Cambridgshire and so forth in the same Pipe into the said Field called Sandyfield and thence in a Drayn between the Lands of the said Edm. Beaupre called Reynolds of the one part and the Lands of the said Iohn Fincham on the other unto a certain pasture ground of the said Edm. Beaupre called the Upward and so in a Dike between the Lands of the said Edmund on both sides unto a certain pasture of the said Edm. called the xx Acres and there to enter into a Pipe or gote of Stone laid between the Lands of the said Edm. on both parts and from thence into a Drayn or Sewer by or through the grounds of the said Edmund unto a certain gysted Dike of the said Edmund called Blewick dike and there to enter into a Pipe or Sluce of Stone under the same Dike and then into a Drayn or Sewer aswell for the waters of the said Sondyfield as for the waters of the said Field called Budbech field and from thence in the same Sewer for both the said Fields called Budbeche and Sondy field by and through the Common of Outwell called Blewick fen unto the said place called Hodges Hirne and there meeting with the said Drayn for the said Fields called Plawfield and Kirk field to pass forth with the same by and through the said Sewer called Rightforth lode by and through Bardolf fen unto North hooke aforesaid and from thence unto the Pipe or Sluce at Stow bridge aforesaid and by and through the same into the great River of Ouse And they said that the said Drayn for Plawfield aforesaid ought to be in bredth from the said place where it beginneth unto the said Sluce lying under Small lode 8. foot and from the said Sluce by all the said Drayn unto Hodges hirne 8. foot and from thence unto Rightforth lode at a place called Hodges hirne 8. foot wide And the said Sewer for Budbech field to be in bredth from the said place where it beginneth unto the Pipe under the little lode in Outwell aforesaid 7 foot And from thence unto the said Sluce lying under the said Blewick dyke 7 foot And from thence unto Rightforth lode to be in bredth in the narrowest place of the same xij foot and so to Stow bridge and that they be made of depth according to the wideness All which Sewers and Drayns to be kept and maintained at the charges of all and every person chargable to the making of them After this viz. in 13 Eliz. at another Session of Sewers it was presented by the Jurors scil 1. That the Sea-bank beginning at Tyd gote in Tyd S. Giles adjoyning upon the County of Linc. and so leading to a place called the Horshooe being in great decay be made in height xx foot above the Saltmarsh and in bredth six foot by the Inhabitants of Tyd Newton and Leverington And from the Horshoâ—e unto Crabmarsh gate of the same bredth and height by all the Lands in Estfield And thence to the Sluce of Wisbeche Which Bank from Crabmersh gate was decayed in Bishop Goodrick's time and part thereof carried by the â—onsent of the said Bishop for the pavement of the Market place in Wisbeche and part by Mr. William Blomfield for making of a Windmill there 2 That the Bank called Whymeydike beginning at the Sea bank end at the Horshooe in Leverington ought to be made unto Coxe corner in Wisbeche above the brink of the water xx foot and in bredth 8 foot And from Coxe Corner the old Market of Wisbeche the Ee banke to Newdike end alias Lentshurne beyond Bevys Hall on the North side and West side of the said Rivâ—r to be made in height xii foot and bredth xvi foot by all the Landholders on the North of Wysbeche And that Newdike from Lyntyshirne unto the farther Crosse at Guyhirne be made in height xvi foot and in bredth xii foot by the said Landholders on the North of Wysbeche 3 That the High Fendike beginning at Guyhirne crosse and so leading to
the Were and the dore and wider if need be so that no water be stopped or straightned 27 And from Clows Crosse unto the Northwest corner of Troknold in the river called Old Ee alias South Ee the one half of the said river to be clensed by the Landholders of Troknold and the other by those of Tyd S. Maries and Sutton and from Troknold field unto Marysh cote the one half to be clensed by the Bishop of Ely and his Tenants and the other by the Landholders of Sutton and Gedney it being the division betwixt Cambridgshire and Lincolnshire 28. That Guyhirne gole be stopped 29 That the Sewer called the New leame from Knar lake to Stanground being so grown up that no water can passe in dry years to the utter decay of Wisbeche river be diked 30 foot wide and 6 foot deep 30. That the Landholders of Wisbeche do make a Shut at Fytton brdg within the Town of Newton to stop the water when need shall be 31. That all the lands in Wisbeche on the North side the River ought to clense the high lode of Wisbeche from the 4 gotes to Eydikes brigge in Leverington in bredth xii foot and depth four and repair seven Bridges in the Town of Newton 32. That the great River of Wisbeche being greatly decayed raised and filted up by reason of the flowing and ebbing of the salt water for preservation therefore of the whole Hundred that a Sluse be made in the said River at the Horshoo in Leverington at the charge of all the Hundred of Wisbeche or any other place that shall take profit by it and to be made in bredth Lx foot and depth x foot from Guyhirne to the Sea 33. Also that there be two new rivers cast of each side of the said great river of Wisbeche the one to begin at Guy hirne Crosse and to extend to Kentoun's Corner the other at Tower house and to extend unto Kekys mill which rivers to be xv foot wide apeice and six foot deep and this to be done by the whole Hundred of Wisbeche 34. And that for the better preservation of the high Fen dike and the Countrey the Townships of Newton and Tyd S. Giles shall as oft as by any outragious tempests and waters it shall be in danger rise and come to give their attendance with the Townships of Wisbeche and Leverington to watch for the preservation of the same 35 That a Dam be made in the Lode at Hobs house to the end that by the stopping thereof in dry years the waâ—er may the better descend into the great river Leverington 36. That a Crest be made from Fytton bridge against the gole in Leverington by the Landholders on the North of UUysbeche that the water may run within the Bay 37. And that the heirs of Richard Everard Esquire shall maintain a dam in the xl acres lying between the lands late Geffrey Norman's and the heirs of the said Mr. Everard to keep out the gool water from drowning of Parkfield and UUratfield 38. That the Landholders of Harpfield and Sherefield in Leverington make a Crest in a place called two Lanes beginning at Shofendyke and leading to Blacklane in height 6 foot and in bredth 8. 39 That the Landholders in Southingham in Leverington make a dike called Overdyke beginning at Bellmylne Briggs and leading to Parson drove end and thence to Meysbrigge by the Landholders of Northinham And from thence to Blacklanffield otherwise called Lady outgote by the Landholders of Fenhalfield and thence unto Bond 's gote by the Landholders of Blacklanefield in height 6 foot and bredth xii 40. That the Landholders of Rymersfild in Leverington make a Crest in Pokle beginning at South-gate and so leading unto Birds drove in height six foot and bredth eight foot 41. That the Landholders of Newfield in Leverington make and repair a Crest in Alinne drove beginning at Bird's drove and so leading to Newfield pipe in height six footâ— and bredth 8. 42. That the Landholders of Pokefield make a Crest in Mill lane beginning at South gate and so leading to the Pipe at Birds drove in height six foot and in bredth 8 foot 43. That the Landholders of Richmund field make a Crest in Cattle dike beginning at Newer's dike and so leading unto Richmund pipe in height six foot and in bredth xij foot 44. That the Landholders in Richmund field and Newfield make a Crest in Turnmeredike beginning at Bond 's gote and so leading to Richmund pipe in height 6 foot and in bredth xii foot 45. That the Landholders of Longmeadow and Catfield make a Crest in Oldfendike lane beginning at Leonard's pipe and so leading on to Cakerow hill gate in height 4 foot and in bredth 8. 46. That a gool in Northinham and a gool in Southinham shall be agisted and made and the agistment thereof maintained by all the Landholders in Leverington the menure to be taken off the lands annexed paying to the Owners iiijd. for every Rod. 47. That the Landholders from the High Fendike to Newlane in Northinham shall make Newlane in bredth xii foot in the bottom and in height four 48. No stops to be made in those Sewers of Southinham and Northinham but that the narrowest place be six foot wide that Boats may passe 49. That the Landholders on the North of Wisâ—eche River who drayn through Leonard's pipe make sufficient a Crest beginning at Leonard's pipe and so leading by Popelane to Ives dike bridg in height four foot above the water and in bredth 6 foot And every one to keep their Heddings and their Cloues on the West side of Popelane according as heretofore 50. That the Landholders of Out Newlands in Leverington make a sufficient Dam in bredth 8 foot and height 6. at their lands ends at the North east side at the Windmill in Leverington to keep out the water from running in Wisbeche lode 51. That the Landholders of Southinham and Canonfield make a Crest from Dike corner unto Over dike in height six foot and bredth eight 52. That all the lands in Leverington ought to scour the high Lode from the Fendike unto the 4 gotes in bredth 12 foot and in depth 4. And all Stamps and Weres therein to be pulled up neverthelesse the Inhabitants to have a Common set in the said Lode at a place called Richmond greene from side to side according to antient old Custome Newton 53. That a Sewer be made in Longfield in Newton in bredth 8 foot and depth 4 between the lands of Ieffrey Colvile Esquire and Simon Trove and the lands of the said Mr. Colvile and Thomas Reynold from Mill lane unto Medow lane 54. That another Sewer be made in the midst of Longfield aforesaid from the lands of Ieffrey Colvile Esquire abutting upon the lands of Robert Roydan unto the aforesaid Sewer to be in bredth 8 foot and in depth four 55. That all Fish taken at the 4 gotes be converted to the use of the
said gotes 56. That the Heddings of Fytton Seacrofts be diked from Dods dyke unto Medow lane in bredth 8 foot and in depth 4. 57. That the Heddings of the lands in Fytton croft be diked in bredth 8 foot and in depth 4. from Lowing's Fendike unto Dods dike 58. That a Sewer be made by the Heddings of the lands in the midst of the old ......... viz. from Fittâ—â— Crosse unto the lands of Ieffrey Colvile Esquire called Worthens Croft in bredth 8 foot and in depth 4. 59. That a Sewer be made on the South side of Worthens Croft unto Dods dike in bredth 8 foot and depth 4. 60. That the Township of Newton time out of mind ought to repair a Dike called Lowings otherwise called Blackdike beginning at Fitton and so leading unto Tyd Sea-dyke in height 8 foot and bredth xii 61. That the Landholders of Iohn Clarke and Rolles field ought to make a Dam at the East end of Iohn Clarke's land in Newfield to keep the water of Newfield from running into Rolles field 62. That the whole Township of Newton ought to repair a Dike called Goredike from Block's lane leading to Shoffendike in height 8 foot and in bredth xii 63. That all the lands in Newton shall clense one Lode called Newton lode beginning at Fendike bridg and leading to Pickerd's stile to the four Gotes in bredth xii foot and in depth 4 foot 64. That the Landholders of Rolles field shall keep their Clotes and the Landholders of Newfield and all other fields that drayn that way shall make their Heddings in Rolles field from the lands of Iohn Clarke aforesaid unto Dod dike and there to make a Pipe of four foot square 65. That a Sewer be made in Newton from viii acres of ...... Drews at Fytton gole at the West end of meadow field and so all along by Medow lane unto West field and so by Sim. Troves 8 acres and from thence by the Heddings of Mr. Colvile's xx Acres and so over the Lane through a pipe to the Common Sewer of Newton to be diked 8 foot in bredth and depth 4 every man against his own land 66. That the Sewer in Fenlondfield beginning at Starts gate and so going into a Pipe lying over Franks lane and so to the mote of Geffrey Colvile Esquire and thence to another Pipe lying over the High way in the same Town of Newton neer to the Common Sewer be diked by all the Landholders that shall take profit thereby 67. That all the lands in Newton do make a Dike coming from Shofendike beginning at Goredike and so leading to Tyd thredding in height 8 foot and bredth 6. 68. That all Weres and Stamps being in the high lode of Newton from Shofendike into the 4 gotes be pulled up 69. That the Township of Leverington do make 8 Bridges in Newton and one Close shut which Bridges do lye towards the South the first at Stanfield's dore the second at the beginning of Black dike two at Leverington pipe with 2 stone walls one at Lords lane another at Child's grave otherwise called Taylors sheers one at Green dike and one at Start's dike 70. That the Landholders of Leverington ought to make the Heddings in Newton beginning at the burnt place in Fytton and so leading unto Fen-dike Bridges and thence by Galls field unto Start's bridge in height ... foot and in bredth 8 taking menure and paying to the Owner for every Rod of length 18 foot bredth 4 foot and depth four foot four pence Tydde S. Giles 71. That all the Landholders in Tyd S. Giles ought to make a certain agisted Dike called Shoffendike from Tyd thredding unto Ee graynes in Tyd in height six foot and bredth 8. 72. That a Bank called Ee dike and all Ee Banks from the said Eegraynes unto Tyd gote shall be made of the same height and bredth by all the said Inhabitants saving against Hockfield and other two places called the Ee dike or Bishops dike The which Ee dike to be made by the Bishop of Ely and the others by the Lord of the said Hockfield 73. That a petty Drayn be made in Newfield beginning at Brown's bridge at Newgate leading by Broad gate and Barngate to the Bridge at Churchgate in bredth 8 foot and depth 4. by the Landholders on the North side of Newgate bordering on the same Drayn 74. That a petty Drayn in Somerlesue be scoured beginning at the said Bridge at Church gate and by Church gate going to Littilbrigg in bredth ... foot and depth 4. by all the Landholders in Somerlesue and a Shut or Dam made at the said Littlebrigge as oft as need requireth 75. That all the Dikes lying against the North side of the Town drove and under Old dyke and Fen lane beginning at Skepgate brigg and so by the Droves to Shofendyke be scoured by all their Heddings every one against his front 8 foot wide and four foot deep 76. That a Crest be made in Towndrove beginning at Gaunt's brigge and so leading unto Cowstowe thence unto Fen lane and thence unto Ee dike in height 6 foot and in bredth 8 foot by all the Landholders in Rylondfield Carrow field and Northlane field And from Fenlanes end unto Shofendyke one Crest to be made in height and bredth as aforesaid by all the Landholders in Elletfield 77. That a Pipe be made in the same Bank a little from Gaunt's brigge out of the Lode for the drayning of the Fen and not to run but at such time as it shall not surround any other lands 78. That all the Wardikes in Tyd aforesaid shall be barred at all times in the year when need shall require by the advise of the Headborows and Dike-Reeves of the same Town that is to say aswell Town drove Fenlane South dike Tyd thredding Blackdyke and Beyslane as all the other agisted Banks and Dikes 79. That the Landholders in Tyd do make a Crest in Beyslane beginning at Tyd Sea dike and so leading unto Brown's brigge in height 4 foot and in bredth 8. 80. That the Landholders in South-field beginning at the lands late Iohn Houshold and abutting upon a certain land called Beyse place and leading unto Tyd Sea dike ought to make one Crest upon the Sea dike beginning at Beislane end and leading to Averie's trees or Black dike in height 6 foot bredth 8. 81. That all the Lands in Brodhest abutting upon Haftcroft lane do repair a petty Drayn beginning at the Common Sewer ....... and leading by the said lane unto Brassey lode in bredth 8 foot and depth 4. 82. That the Common Drove in Halcroft beginning at Hall pasture and so leading between the lands of Sir William Cordall Knight and so by the said Lane unto Welman's street and so into the old Sewer and so by the Sea gate green unto Skepp's board and so by the Sea bank unto the Common Sewer be clensed by all the lands lying upon the same 8 foot broad and 4
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
then ordered that the Towns of Upwell aud Outwell should from thenceforth be discharged from any diking in Wisbeche river unlesse by the goodnesse of the Drayn their lands do take benefit thereby And in the same year in another Session of Sewers held at Wis beche 14 15 Sept. before Iohn Peyton Geo. Carleton Humfrey Michell Thomas Hewar Esquires and others there was this following Decree Whereas the great River of Wisbeche is by this our Law ordered to be digg'd for the better grinding of the Chanel low to the Sea we find that Elme River called also Elme Ee ought to be in like sort digg'd But whereas that part of the said River extending from the Floudgates in Elme to Wisbeche Sluse hath been doubted in former Sessions for Sewers who of right ought to dig the same and that thereupon in a Session held 18º Martii 23 Eliz. we find that service laid upon the whole Hundred of Wisbeche we now upon Record shewed forth before us bearing date the 6 Dec. ... R. 2. that Wisbeche from Stone Crosse otherwise called Spittel Crosse to the Sluse should make and maintain the Sea-bank And also in a Session for Sewers held the Thursday before S. Mathew's day 25 H. 8. that from the Floudgates in Elme to Spittle Crosse the Township of Elme should dig and scour the same and from Spittel crosse to Wisbeche Sluce the Township of Wisbeche to dig the same we ordain That the said River called Elme Ee shall be scoured viz from Wisbeche Sluce to Spittel Crosse being the division between Elme and Wisbeche by the Township of Wisbeche and from Spittel Crosse unto the Floud-gates of Elme by the Township of Elme and from the said Floudgates unto the Townbrigge of Elme by the Bishop or his Fermour of Brauncâ—mere and from the said Townbridge of Elme to Frydaybrigge by the Queens Majesty for her lands late belonging to the dissolved Monastery of Crouland And from Fryday brigg to Marys dam by the Lord of Coldham And from Marysdam to the cutting over the Old Ee by the said Lord of Coldham Thence unto Branchmere by the Township of Elme in consideration that the said Township shall hereafter be discharged of all such like digging in and upon any the Commons of the said Hundred Lodward excepted the Bishop of Ely for his length in Branchmere From thence to Levermere by the Township of Elme Then for the length of Levermere by the Landholders thereof Then to the River Nene by the Township of Elme And that from Marysdam under Bishop's dike unto Lakebrigge and so into Welle River shall be diked from Lakebridge unto Swan pen two parts thereof by the ......... and the third by Richard Fyncham Gent. And from Swan pen to Langbeche by the Township of Upwell and for the length of Langbeche the Bishop of Ely From thence to Gale dole the Township of Elme Upwell and Outwell And for the length of Gale-dole by those that have the profit thereof to Marys dam. Which digging viz. from Wisbeche Sluce to Spittel Crosse to be 4 foot deeper than now it is and to hold xx foot in bredth and the rest by that example Saving that the River under Bishop's dike between Marys dam and Well streme shall not exceed xvi foot in bredth And we also ordain that there be made a new Crest to begin at Tilney hirne leading to the New Leame thence to the Horshooe thence to Marmound land thence to the West end of Langbeche adjoyning upon Bishop's dike to be made a Bank of xii foot thick in the bottom 3 foot at the top and five foot broad at the charge of all the Inhabitants of the Hundred of Wisbeche And at a Session of Sewers held at Wisbeche 26 May 29 Eliz. it was presented by the Jurors that Norwold Causey being in decay ought to be raised 5 foot higher than it was at that time and in bredth 8 foot on the top at the charge of the Landholders of the whole Hundred of Wisbeche and a Bridge of xii foot in bredth at the higher end of the same Causey at the charge of the Bishop of Ely Likewise that the Watercourse on the South end of Wisbeche should have it's course under the great River of Wisbeche through the xiC Bridg and so by the high Lode unto the 4 Gotes And that the waters in Fen end in Wisbeche which have their course by the High lode from Leonards pipe unto Evysdike bridg by a cut through the Bank at Leonards pipe shall have their course in Pope lane lode unto Evsydike bridg and so to the four Gotes At another Session of Sewers held also at Wisbeche 10 Oct. 31 Eliz. by Sir Iohn Peyton Knight Nich. Hare Iohn Colvile Iohn Reppes George Carleton Thomas Hewar Charles Balam Richard Buckworth and Alex. Balam Esquires Commissioners of Sewers then constituted it was thus decreed That whereas the Fen called Needham and Buriall Fen lying in Elme and Welle had antiently been drayned into the little Lode in Welle called the Sholle at the Stone Crosse and so by Welle River descended into Ouse at Salters lode but then having no descent into the said â—ittle lode by reason that the height of the water therein was 2 foot above the Level of the same Fen And whereas the Landholders in the same Fen having to their great charge procured a new Drayn passing under the Bank called Greendike where they have erected a Sluse for that purpose and from thence by a Sewer upon the East side of Meares drove by another Sluse by them likewise erected at Stow-sted to stop Nedham water for running into Budbech field where the said Sewer taketh its course into the Drayn of the same Budbech field and so continueth therein by and through a Pipe lying under the said Little Lode of Welle and thence passeth to Hodg hirne corner where they by the consent of Sir Robert Bell Knight late Lord chief Baron of the Exchequer caused a new Sewer to be made through a several ground of the said Sir Robert called the Fences and Bardolph fen by the space of 2 miles or more in length and from thence by the consent of Nich. Hare Esquire Lord of Stow-Bardolf did carry the one half of the said Sewer called Common lode between divers severalls lying in Stow Bardolf aforesaid on the North and the Common Fen belonging unto Stow Bardolf Wimbotesham and Dounham on the South and so through another Sluse lately also erected by the before-mentioned Landholders into the River of Ouse And whereas the said Sewers and Sluces were found to be most beneficial for the drayning of the Fen above-mentioned the said Commissioners ordered that they should continue for ever and be maintained from time to time by a Common Acre-shot upon all the lands in Nedham Buriall aforesaid Which new Sewer for Nedham doth from Hodghirne before-mentioned to Ward brigge in Stow contain Lxxii Rode and a half And from thence
to the Sluse by Ouse Cxiiii Rods and a half And they then also decreed that for taking away of the Sock of Bishop's dike and better drayning of this Fen a Drayn should be made under Bishops dike within the said Fen xxx foot at the least from the said Bishop's dike in bredth x foot and depth ..... the menour whereof to be cast towards Bishops dike The which Drayn to begin at Fenbridge and to go to the Barrs that part the Fen in the possession of Alex. Baalam Gent. c. thence to a pair of Barrs standing on Bishops dike next to the West corner of Malles fen then to the Drain called Langbech thence to Dods stile and thence under Greendike to the Sluse lately erected at S. Christopher's Chapel And that there should be another Sewer made from Hall's fen to the said Sluce at St. Christopher's Chapel And likewise that an antient Sewer belonging to the said Fen called Knights dike beginning neer Benford's Hall now Mr. Alex. Balaam's house and so passing under Needham dike on the North so unto Elme drove and thence to the Drove in Buriall field neer S. Christopher's Chapel should be kept and maintained in bredth xii foot and in depth five And moreover that the agisted Dike called Ea brinke beginning at Needham dike and extending from Maryes dam unto Dod's stile should be from time to time repaired And that for default in payment of the Acre-shot the Dikereeves to levy for every iiiid. by them expended vid. and for every iiiid. unpaid to levy vid. Likewise that an Indike be made on the North side of the Sewer extending from Hodghirnâ— through Bardolph fen and a new Sluse neer the River Ouse at the East end of Common lode and an Acre-shot of xiid. the Acre imposed upon all the lands in Nedham and Buriall for supporting the charge thereof And that for default in payment of the Acre-shot distresses should be taken and sold restoring the Surplusage in any Market within ten miles And at a Session of Sewers holden at Lynne Regis ult Sept. 33º Eliz. before Sir Iohn Peyton Knight Nich. Hare Hâ—mfr Guibon Edm. Bell Rob. Forest Tho. Oxburgh Alex. Balam Iohn Willoughby and Miles Forest Esquires it was farther ordered that whereas the Acreshots imposed upon Richard Fyncham Gent. towards the drayning of Nedham fen amounting to xxxvil. viiis. were not paid noâ— any distresse to be found upon the grounds charged therewith and that Rich. Fyncham and Rob. Fyncham interessed in the reversion of the said lands did refuse to pay the same that Iohn Fyncham of Upwell Gent. having paid the said sum to the Dikereeves should have the said lands for a certain term of years Upon the 19 of Sept. 39 Eliz. at a Session of Sewers held by Edmund Bell Iohn Reppes Tho. Hewar Tho. Oxburge Rich. Ogle Anthony Irby Alexan. Balam William Guibon and Iohn Hunt Esquires there were certain Laws and Ordinances made concerning the course of Welney stream and Welle stream with other Sewers the substance whereof are as followeth viz. Whereas it is evident that not only the Rivers of Grant Nene Ouse and Weland but the land-waters from the Counties of Hunt Northampton Cambr. and Norâ—f and some part of Suff. which border upon the Isle of Ely do stay in the Fenny grounds of the said Isle c. forasmuch as neither the several Rivers nor the other streams that are fed with the same as March stream the New Leame the west-West-water and divers Lodes within those limits be sufficiently clensed not imbanked for the ready conveyance of them to the Sea by means whereof the Out-ring Banks of Deping Croyland and South Ea in Com. Linc. and the Fen dike Waltersey Bank Bishop's dike Elme Ee brinke Coldham and Redmore Bank in the said Isle of Ely and the out-ring of Marshland as also the New Powâ—ike in Com. Norff. are in years of water much chargable to the owners and Inhabitants of those Countries and those Fenny grounds lye unprofitable The said Commissioners deliberately considering the redress do conceive that by renewing of the former depth and wideness of those Rivers Lodes and streams as also of the decayed Banks and by farther imbanking in places convenient the said Marish grounds will be perfected or much amended and therefore did ordain that Welney stream and Well stream from Litelport Chayre to Well ea and so towards Elme as the same have been accustomed to have their fall And March stream unto Shrewysnest where it falleth into UUell stream As also that the water of South Ea antiently called the Old Ea from Clow's Crosse unto Guy hirne before the x of December which shall be in the year 1598. shall be clensed and scoured by such as were to do the same And that the Lode called Small lode from the great River in Upwell to Ingram's hyrn be scoured by Sir Iohn Peyton Knight Dame Dorothy his wife or Edm. Bell Esquire for their lands in Upwell and Outwell parcel of the Possessions of the late Abby of Dereham and thence to Seman's goole and thence to Northdelph by those whose lands lye adjacent thereto So also Darcey-lode and Coxlode Likewise that Maid lode and Ship lode and the moytie of London lode which endeth at Northdelph should be perfected the Banks to be made in the bottom xvi foot and four in the top and five foot in height And the said Maidlode to be five foot deep and xxx foot wide by the space of the first 2 miles thereof And for the next two miles in wideness 25 foot and for the residue of the same and Shiplode xx foot with a Sluce at its fall into the River of Ouse in widenesse xii foot of water and in depth below the low-water-mark of the said River as it hapneth to be about Bartholmew tide all to be done by those that have interest of Common in Neatmore And the other moytie of London lode beginning at Upwell Causey to be done by the Inhabitants of Upwell for the residue of their Common called Neatmore lying without the limits Likewise that a Tax of x s. the Acre be imposed for erecting of Sluces heightning of Banks and making of Drayns and in default of payment thereof the one half of their lands who shall neglect to be sold. Moreover that for drayning of Denver fen a Sewer of xviii or xx foot in bredth be cut through the same to the great River of Ouse and a Sluce at its entrance thereinto And that the Bank called the Causey extending from the Crosse at Upwell Town 's end unto London lode head and the Bank called the Indike leading from thence by the North side of London lode to Welle streme at Northdelph with sufficient Indikes to the said Bank and Causey should before the first of Ian. next following be made and maintained of the like widenesse height and bredth as those that should be Purchasors or Lessees did or should make theirs between London lode
of the Marshes just to the mouth of them which in every Spring-tide affoard store of water to grinde down the Chanel whereof that on the North side is the more principal for the conducting whereof to the place of best advantage the Leame is embanked on that side â—y some certain space that the tide on the Marsh cannot fall into it but by that Finne at the very head and there by his plentifull descent scoureth to good purpose that which otherwise in Summer would be silted up such penury there is of fresh waters in the Country at that time In 19 Iac. there was a Decree made at Outwell by the Commissioners of Sewers then fitting there for levying the forfaitures and penalties imposed by the Jurors for the Hundred and half of Clakclose upon the Landholders of Churchfield and Plawfield â—or not making sufficient Sluses viz. one at the South end of the Pipe under Welle River the other in Plawfield Drayn in the xxx Acres of Iohn Fyncham Esquire And in 8 Caroli there having been an Agreement made with Henry Dereham of London Esquire for the drayning of certain Fens and surrounded grounds lying in the Parishes of Tyd S. Maries in the County of Lincolne Tyd S. Giles and Newton in this County of Cambridge made by the proprietaries and owners of the said Fens containing by estimation three thousand Acres by which Agreement the said Henry was to make his Draynes unto the outfall neer Eatts mere into the Sea so that the said grounds should be kept dry at least one foot under the soil and for his charges therein that a Tax of xls. the Acre should be imposed and in default of payment thereof that the said Henry should have two fift parts of the said grounds upon an equal division thereof into five parts to be established to him and his heirs for ever and a moity of the said two fift parts to be set out to the said Henry and his heirs for the maintaining of the said works after they should be perfected the said Agreement was fully ratified by a Decree made at Wisebeche upon the 20th of September the same year in a Session of Sewers then and there held CHAP. XLIX HOlding on my course more Westwards I come to that part of this County which is called the Isle of Ely the bounds whereof I shall next take notice and then of what else is most memorable touching the Fens which do belong thereto The circuit of this Isle saith the Register of Ramsey beginneth at Erith brigge and from thence extends to Sutton grove so to Mepehale thence to Wichhome brigg thence to Ely Dounhom thence to Litisport thence to the Town of Ely thence to Haveringmere thence to Stratam lode thence to Anglongwesche on the South side of the Isle thence to Aldirhethe brigge and so to Erith brigge The entrances into it are these the first at Litisport the second at Stuntmere brigge the third at Alderhethe brigge and the fourth at Erith brigge Moreover it is to be noted that the Commons in the Fens of this Isle are divided from those of Chateriz at Snarissode whence the Commons of Chateriz go on to Mepehale hee and so to Andelong bihee Howbeit the Commons of Chateriz fen to mow cut and dig beginneth at Dryebyresfen and so goeth on betwixt Arnyatesmere and thence to Blakwell and from Blakwell to By Ee and from thence compassing Hunn Eye unto Langereche thence to the River of Dodyngton then to Bilâ—ynge thence to Algaris-fen and so over the fen to Achinwerdore But the pasture belonging to Chateriz goeth first to Dounham thence to UUycheham thence to Sutton and so to Dodyngtone and Marche within which Precincts the Monks of Ramsey had enter Commom with Chateriz Belonging likewise to Chateriz are these Meadows scil Crow lode beginning neer Suth fen muthe and extending to Hol lode which Meadow is compassed with waters on every side And on the other side the water from Park hale to Fenton is UUelagh beside one piece which the Abbess hath The demesne Fen of Crow lode belonging to the Abbot of Ramsey's Mannour in Chateriz beginneth at Wolvey were which standeth in the great River neer to the place where Fenton lode descendeth thereinto hard by Horshithe and so goeth on in length by the said great River Southwards unto Croslode â— which Crosâ—lode is by some called Parkhale lode but by others the Draught and farther extends it self thwarting the Fen to the West by the Southside of the said Fen called Crow lode unto Wolvey lode which by some is called Fenton lode and thence to Wolvey welagh which standeth neer the said River on the North part of Wolvey lode and opposite to Wolvey were aforesaid within which precinct the Abbess of Chateriz holdeth one part of a Meadow which Hugh Folyot somtime Abbot of Ramesey gave unto her It is also to be noted that the Soke of Somersham ought to Common aswell in grazing as mowing in that Fen which extendeth from Erith brigge unto Parkhale lode by the River and thence to Fenton welugh to graze and mow and for Housebote and firebote and from Fenton welughe they ought to Common in grazingâ— unto Weremere and from Weremere likewise to Thornbrigge And it is likewise to be noted that within those Precincts Sir Will. le Moigne hath one Field which is gained land and a grove of Alders with two meres at Roweye The bounds of Higgen Eye fen recovered by Simon Abbot of Ramsey were these viz. from Calverwodeyate and so directly to Munke lade thence to Hokeslade descending towards Glatton and so by Hokeslade unto Byrchmere poolys thence to Walton elde lode directly to Byrch holt and thence to the dry land of Higgen Eye at the corner of Byrch holt and there by the dry land to North welne and thence unto Calverwodeyate which Fen containeth a thousand Acres Within the precincts of the waters belonging unto this Isle of Ely there is a little Island called Ehâ—eneie wherein the Monks of Ely had a Cell which by reason of those obstructions that hindred the fresh waters in their passage through this great Levell from evacuating themselves as I have before observed became by the swelling of those waters almost drowned upon a great complaint therefore made by the said Monkes unto Alberic Picot he gave them four Acres and an half of ground in the Isle of Denney which lay without the reach of the Fen to the end that they might translate their House thither and make Orchards and Gardens there for their use The next thing of note in reference to this Isle wherewith I have met is the repair of the Causey leading thereto in 5 H 3. the King then giving unto Peter de Valentiniis a Monk of Ely four Oakes to be taken out of his Forest of Wauberge in Huntendonshire for that purpose the Record terming it Calcetum de Ely which makes me think that it was
from credible testimony viz. that upon the cutting of certain Moats by Francis Underwood Esquire at Wittlesey where he hath made a pleasant and commodious plantation within lesse than xx years last past there was found at seven foot deep through absolute Moor firm ground and swathes of mowed grasse lying perfect and not consumed which cleerly manifesteth that through some excesse of rain falling in the Summer time there hapned such a floud of the fresh waters as then meeting with an obstruction at the out-fall in regard of the silt there contracted by a long season of dry weather it did so hinder their usual current to the Sea that being forced back they not only overflowed the whole Levell but have ever since till the late undertaking whereof I shall speak anon kept it for the most part under water But I dare not adventure to say that this was the only cause thereof there being something else which no doubt might be concomitant viz. the usual flowing of the tides much higher upon the coasts towards Lenne than formerly for that they long since did so is easily demonstrable there having been of late years found at the setting down of a new Sluse a little beneath Magdalen fall which is about half a mile from Magdalen bridge on Marshland side about xvi foot deep in the earth a large flat stone of about eight foot in length and a Cart wheel neer unto it which were taken up by certain workmen imployed be one Mr. Emerson in that businesse And at Wigenhall S. Maries which is not far thence at a place called Wathden there are still to be seen some remainers of a Church as also bones that appear at a low ebbe upon the River side about 8 foot below the present superficies of the earth The like is also observable at UUigenhall S. Germans the floor of the Church there being at least seven foot lower than the high water-mark of the Ouse which River running by the Church-yard side is kept off by a strong and large Bank from drowning the Country Nor is it any thing else but the same rising of the usual tides to a greater height than formerly which hath so widened the Chanel of this great stream at Lenne that the Inhabitants have been constrained to remove one of their Churches to a farther distance from it as is yet to be seen in that part thereof now called old Lenne where the bones of the dead which were buried in that Church-yard are now dayly washt at every high tide by reason that part of the same Church-yard is consumed away with the violence of that current As for the Trees which he so magnifieth for their length without knots I believe they were Firr no other timber affording such straightnesse and height of which kind there have been many digg'd up of late years in those parts But when it was that this obstruction whereof I have thus taken notice hapned I could never yet discover nor the exact time that the course of the Sea did thus alter I shall therfore for want of better light therein descend to the beginning of K. Edw. the first 's time and observe from our publick Records the extent of the Fens belonging to divers Towns in this County wherein the Inhabitants had Common which were as followeth viz. of Soham ten miles and two in bredth viz. from Ayornemere to Alwoldingewere Iselham six miles in length and in bredth one viz. from Mildehale fen to the Fens of Soham and Ely Of Wykes two miles in length and one in bredth viz. from Alwoldingwere to Strem-lake besides a Fen in another place of one mile in length and in bredth half a mile scil from Huppewere to the Town of Wykes Of Fordham a Marsh called West fen containing six furlongs in length and as much in bredth extending from Nesdam to Hopperislane with another Marsh called Nort-fen in length two furlongs and bredth one viz. from the house of Walter fitz Robert to the Messuage of Maud de Somere Of Sneilwelle four furlongs in length and two in bredth viz. from the Fen of Chippeham to Holme melne besides the Marsh of West fen containing half a mile in length and one furlong in bredth viz. from Preeruspend to Calvenebreg Of Landwaye half a mile in length viz. from Brounisdam to Illingworthe Of Borewelle six miles in length and three in bredth viz. from Rech lode to Nesdam besides part of Est fen containing four furlongs in length and two in bredth viz. from Nesmelne unto Borewelle field Of Chippeham six furlongs in length and three and an half in bredth viz. from the said Town of Chippeham to Sneilwelle fen Of Swafham Priors in length from the Town it self unto the River of Grante containing three miles and in bredth from the Lode of Reche to the Lode of Swafham Bolebek containing a mile and half The bounds of the Heath there extending from the Crest of the great Bank unto Tweynhowes in length one mile and in another part of that Town field to Smathowe being as far Of Bodekesham in the Fen of Stowbrigge unto Swafham Bolebek Lode two miles in length and as much in bredth Of Wilburham parva from the Town it self to the upland of Stow ....... and in another place to the River which extends it self from Halke milne to the Mill at Fosse And of Wilburham magna from Lidene unto Wateholme Thus much for the extent of the Fens belonging to the before-specified Townships In 1â— E. 1. the Causey betwixt Saham and Stuntney with the little Bridges belonging thereto was in great decay the King therefore assigned Thomas de Weyland and Richard de Holebrok to enquire by the Oaths of honest men of the Country who ought to repair the same After this there were some Commissions for the view and repair of the Banks Ditches Sewers within this County in general and some wherein certain of the adjacent Counties were joyned viz. in 31 E. 1 to Iames Beauvoys Robert Hereward William de Estdene and Hugh Vicar of the Church of Elme for those in this County alone In 2 E. 2. to Ranulph de Friskeneye Geffrey de Colevill William de Spanneby and Roger de Cubeldyk for those throughout the whole County of Lincolne and this Shire In 4 E. 2. to William de Ormesby William de Estdene â— and Henry de Walpole for those in this County only In 10 E. 2. to Geffrey de Coleville and Roger de Seiton for the same In 12 E. 2. to Robert de Maddyngle Iohn de Fitton William de Rungeton Iohn de Hotoft Laurence de Holbeche and Iohn de Cantebrigg for those in this County as also in Norfolk Lincolne and Northampton shires and the Confines thereof with power to constitute trusty Dykereeves for the safeguard of the said Banks Ditches and Sewers throughout all those parts In 15 E. 2. to Michael de Meldon and Roger de Beler for the same Counties
And in 18 E. 2. to William la Zouche Iohn de Cantebrig Simon de Brim and Iohn de Hinton for those in this County alone Upon a Pleading in 40 E. 3. it was found by the Jurors that the Prior of Ely did obstruct the course of the water at Wilburgham magna in a certain place called Watholm dam so that it could not have it's current as it usually had insomuch as the Commons belonging to the Town of Fulbourne were overflowed to the damage of the whole Country And in 12 H. 4. the Town of Harlton being questioned for diverting the current of the water betwixt Harlton and Haselingfeld to the damage of the whole Country could not deny the charge and therefore was amerc'd Raphe Bateman being then Lord of that Mannour In 14 H. 6. William Godrede Thomas Fulthorpe Sir Iohn Colvyle Sir Henry Rocheforth and Sir Robert Hakebeche Kts William Yelverton Thomas Dereham Iohn Iakys Thomas Reynold and Iohn Tylney were constituted Commissioners for the view and repair of the Banks Sewers and Ditches throughout this whole County only and to make Statutes and Ordinances for the same according to the Laws and Customes of Runmey marsh On the West side of this County and at the outmost skirt thereof lyeth Wittlesey mere the greatest Lake in all these parts and consequently the more worthy of note I shall therefore cloze up what I have farther to say of this Shire with that particular description of it which I find in the Register of Peterborough In Septentrionali parte stagni c. On the North side of this Lake there is a water called Merelade issuing out of the River of Neene where the Northern bounds thereof are This with the Fens thereto belonging hath at the end thereof a certain Fishing called Eddâ—rmuthe Upon the East part thereof are two other Meres called Wellepole and Trendelmere betwixt which is a narrow stream containing two furlongs in length called Trendelmere beche having in it two Fishings And there is likewise another narrow water there of one mile long which is called Falet having in it one Fishing In that part thereof betwixt Wytlesmere and Kynkesdelf where the Eastern boundary thereof is the bredth of the Meer containeth three miles having in it a narrow stream called Derescuf and a Wood named Rageholt On the South part thereof also there is another slender stream of three furlongs in length called Selfremerebeche having in it two Fishings at the end whereof is a Lake named Selfremere having on the South side thereof a narrow water of half a mile long called Ubbemere lade at the head whereof is likewise another Fishing And about the middle thereof there is a place in the Fen called Alwynesbarwe and there is the Southern boundary thereof Moreover on the West side of this Lake there is also a narrow stream containing two furlongs in length named Trendemere beche which hath one Fishing in it at the end whereof is the Meer called West Trendemere On that side there are also these waters viz. Drelgmere Wellepole Withibuscemere Langemere Kinninges and Musklemere There is likewise on that side another narrow water of one mile in length extending to Oppebeche and hath in it one Fishing at the end of which water is the Western limits of the Fens and all the waters pertaining to Witlesmere About two miles distant from the North East side of the before-specified Meer there is a memorable Chanel cut through the body of the Fen extending it self from neer Ramsey to Peterborough and is called King's delph The common tradition is that King Canutus or his Queen being in some perill in their passage from Ramsey to Peterborough by reason of the boysterousnesse of the Waves upon Witlesey mere caused this Ditch to be first made and therewith do some of our Historians agree who say thus Anno Domini Mxxxiiii Cnuto Rex potentissimus viam in marisco inter Ramsey Burgum quod King's delph dicitur ut periculum magnorum stagnorum vitaretur eruderavit But how to reconcile this testimony to what I meet with above threescore years before I well know not which is that King Edgar confirming to the Monks of Peterborough before-mentioned the fourth part of UUitlesmere with all the waters Fishings and Fens thereto belonging bounds it to these limits viz. quorum Septentrionalis est ubi primùm intrat Mere lode de ampne Nen orientaliter ad King's delph Australiter ad Adewinesbarue c id est whereof the North side is where Mere lode first enters thereinto from the River Nen Eastward to King's delph and Southward to Aldewynesbarue c. But the largest and most notable is that fair Chanel made from Stanground steafe below Peterborough to Guyhirne neer UUisebeche of xl foot in bredth by Iohn Moreton Bishop of Ely in King Henry the seventh's days and still called Moreton's Leame or the New Leame a work certainly of singular consequence not only for the quicker evacuation of the overflowings of Nene but for conveniency of Carriage from Peterborough to UUisebeche which will remain a lasting memorial to that worthy Bishop CHAP. LI. SOuth-west from Cambridgshire lieth the County of Huntendon into which a skirt likewise of this great Level extendeth at the entrance whereof I meet first with Ramsey compassed with Fens on all parts excepting towards the South-west and containing about ...... Acres wherein for the like respect as in Ely Crouland and Thorney by others Ailwin a neer Kinsman to King Edgar and who is stiled by our Historians totius Angliae Aldermannus id est Chief Iustice of England did found an eminent Monastery for Monkes of S. Benedict's Rule almost an hundred years before the Norman Conquest Touching the situation of this Isle for so it was antiently called let us hear what the Register of that Abby saith Quum igitur in orientali angulo territorii Huntedonensis c. Forasmuch therefore as this place situate in the Eastern corner of Huntendoushire where the Chanel of the River Ouse restraineth the bounds of the Fens is for its bigness the fairest of the fenny Islands and which many have endeavoured to extoll so that it needeth not our commendation nevertheless we will not wholy leave it untoucht On the West side for on all other there is no access to it by reason of the Fens it is severed from the firm land with certain deep and boggy Quagmires in bredth about two Bow shot insomuch as in times past the access unto it was by navigable Vessells brought thither through a slow stream with gentle windes but now by much labour and no small cost there is with Wood Stones and Gravel a firm Causey made so that people may come to it on foot In length this Island doth extend almost unto two miles but in bredth not so much being environed with Alders Reedes green Canes and Bulrushes which do beautify it exceedingly and before it became inhabited was full
of all sorts of trees especially wild Ashes the length and bigness whereof may be seen by the beams and rafters on the roof of the Church But now through tract of time the Woods for the most part gone the fertility of the turf is such as that the land converted to tillage beareth Corn plentifully nor is it less profitable otherwise being full of fair Gardens fat Pastures shady Groves and rich Meadows which in the Spring time make a most beautifull shew Moreover on the borders of it there are several Meeres full of Eeles as also spacious Fens and Pooles abounding with divers sorts of Fish and Waterfoul whereof one called Ramsey meere from the name of the Isle much excelleth the other adjacent waters in beaâ—ty and profit which lying on the most large and woody side of it and pleasantly beating upon that sandy shore thereof called Mereham maketh a delightfull object to the beholders in the deep and great gulfs of which Meere there are frequently taken by several sorts of Netts as also with baited Hookes and other sishing Instruments Pikes of an extraordinary bigness called Hakedes by the County people And though both Fishers and Fowlers cease neither day nor night to haunt it yet is there alwayes of Fish and Foul no little store What proportion to the Fens belonging to divers particular Towns in this County antiently were of I shallâ— in the next place from the testimony of Record make manifest by which they who are well acquainted with those parts may discern how much improvement hath been since made therein through the industry of the Borderers or whether all or any of them were by neglect expatiated to a more large extent Upon that memorable Survey made shortly after the Norman Conquest it appeareth that the Fens belonging to Colne were then reputed to be one mile in length and half a mile in bredth and those in Wardboys just as much But in 3 Edw. 1. there is a far more exact account of them it being then found by Inquisition as followeth viz. that the Fens pertaining to Stangrund and Faresheved called Faresheved ferri contained then in length from Faresheved brigge at the one end unto the other where Ramsey fen and Fairesheved fen did part two miles and in bredth from the Bank called King's delph unto Wythlesmare one mile In which Fen there was at that time a certain Meadow called Kingesdelph-mede containing Cx. Acres and another called Myleby of x. Acres the same Meadows then belonging to the Inhabitants of Stangrund and Faresheved Moreover there was then a certain division betwixt the Towns of Stanground and Flectone beginning at Brod he neer to the Mayden-cros and extending it self by the antient lode to Lauehythe and from thence directly to Blancheferye and thence to Stakengeshirste is a certain Common Pasture which belong'd to the Towns of Stangrund and Flectone Likewise that in the Hundred of Normancros there was a certain Fen called Kyngesdelf beginning at the end of Brod hee scil at the end of Kyngesdelf and extending it self circularly to Wittleseye Town 's end for two miles and from Wytlesheye by the hold Old Ee to Pokeslode for the space also of two miles and from thence by Hold Old Eee to West fen for three miles thence to Wysemuthe for two miles thence to Beynwic for three miles thence to Syrmare for two miles thence to Kyngges delfe end Southwards for one mile and thence to the utmost point of Brod Ee where Kynge's delfe endeth for five miles which whole Circuit containeth xx miles and belongâ—th to the Abbies of Ramsey and Thorney and Priory of Ely for which the Abbot of Ramsey hath the Charter of S. Edward from Gangestede Eastwards to Hyndelake in the West and so at Wendelmere and Cayeresholt with the confirmation of several Kings since that time The Fen of Glactone extends it self from Denton lade to Hubbemere containing in length a mile but it beginneth at the Town of Holme and continueth to Saldermere which is in length three miles The Fen belonging to the Town of Conyngton beginneth at Conyngton mere and reacheth to the Redipole and thence to Scelremore containing in length from Conington mere to Selremere two miles From Selremere it goeth to Berchemere and thence by Hokeslade for three furlongs unto Monks lade and so by the said lode to the new lode at Sautre for a mile and an half and two furlongs which is betwixt Sautre fen and Conyngton and so it holds on by the new lode unto the Bank of the Nesse and from the third Hassoke unto the said Bank it containeth in length one mile directly and from the said Bank it goeth on crookedly unto the North side of Conyngton mere being in length from that Bank unto the said Northern side one mile and an half within which Circuit Conington fen is included But the Abbot of Saltrey ought of right to make two Bridges in the said Fen beyond Monks lade over which the men of Conynton are to drive their Cattell to Pasture beyond that lade The Fen of Dentone containeth in length one mile and extends it self to Witlesmare one way and another way to Dentone field being four Acres in bredth But Glattone and Holme have by force appropriated to themselves a half furlong and more of the said Fen in bredth excepting one Bank and in length one mile and did there dig turves by force and carried them away nor could the men of Denton dig turves with them but they had pasturage there for their Cattell Moreover the Earl of Cornwall did appropriate to himself the Flete and ditch't it in which place contained three Acres and had been Common to Dentone Glattone and Holme The Fen of Waltone beginning at Michelholme hale extendeth it self thence for two furlongs unto Stakelode and thence for one furlong to the bar of Bollokes fen and thence for three furlongs to Croslode and thence for two miles to Hokeslode thence for three furlongs to Brichmere thence for four furlongs to Hubbemere lode and thence for one furlong to Hubbemere cote thence for two miles unto Ranelesnok and thence for half a mile unto Michelholm hale To the Town and Abby of Sautre belongeth a certain fen which beginneth at the one end at Saneshyl and the head of Monks banke and extends it self in length neer to Monks meadow crookedly for one mile and so goeth on by the stable and thence directly to the bar of Bollokes fen â— and thence directly to the head of New lade for half a mile and from thence to Esterne dyke for one mile and from Esterne dyke at the head of the Bank of Staneshille for four furlongs and thus the Fen of Sautre is perfectly bounded And beyond Monkeslade bâ— the whole fen of Waltone and Conytone to Wytlesmere bank and Hubbemere bank they are to Common with their Cattell The Common of Pasture in the Fen belonging to the two Towns of Wardeboys and Caldecote is in length two miles and
Beryall and Westmore fens to Wellenhey River and thence through certain Fenns of Norfolk into the Ouse about Mayd lode would be most necessary and that without so doing the Fenns could never be drayned Thence we went to Rebbech where Brandon River alias Ouse parva falleth into Ouse neer Preist houses Thence to Sotherey and Modney Thence to Helgay bridge Thence to Fordham Thence to Salters lode where Nene falleth into Ouse which is a very great descent viz. ten foot from the soil of the Fenns to the low water mark besides the natural descent of the Fen-grounds from the Uplands of Huntingdon-shire thither Thence to Wisbeche Thence to Tower house and so to Hobbs house where we observed that Plantwater which cometh out of Nene at great Crosse to the said Hobbs house with Staven Ea which were wont to run to Tower house and so to Wisbeche do now run from Hobbs house by Hunster stones through Hobbs dike into March River Thence we went to Marche and Dodington and between Dodington and Chateriz there is a small lode Besselinges lode which runneth through a low Marish Fenn Thence to Chateriz Towns end where there is a Sewer called Chateriz leame growing from the west-West-water at Chateriz Ferry unto Dodington weeles Thence to Mephall and there saw Mephall lode which runneth from Sutton lode Thence by water to Cambridge In which passage we took notice that Harrymere gravell was a great means of the overflowing of Grant As also of Burwell lode Swaffham lode and Botesham lode all which do fall into Grant Upon this view Mr. Hunt who was the Artist for the Drayning represented to the said Commissioners what Cuts Banks Sluses Clows c. would be in his judgment farther necessary in order to the perfecting this work all which they signified under their hands to the Lords of the Council together with their opinions how much it would tend to the honor and inriching of the Kingdome but declined in regard of shortness of time to give any estimate of the charge thereof or upon what conditions it would be meet to take it in hand And upon the xxiiiith day of the same Month the King himself by his Letters bearing date at Grenewich taking notice of theirs to the Lords of his Councill as aforesaid incited them to fall in hand speedily with the work and the rather because that was a dry Summer and so the more proper for it intimating also that for the better expediting thereof he had imployed his Chief Justice Popham to take pains therein Whereupon such good speed was made that upon the xiiith of the next Month this following certificate was delivered in to the said Commissioners then sitting at Wisebeche The true content or number of Acres in the Fenns described in the general Plot lying without the Fen-dikes as it was delivered by William Hayward Gent. Surveyor upon his Oath at Wisbeche 13 Iuly 1605. Acres BUrrough-soke great Fen with some severals by Catts-water 8015 Burrough little Fen. 900 Croyland Fenns in three pieces 2000 Certain several Fens and wet Meadows lying in Ely between Borrough Little fen Borrough great Fen and Catts water 763 Thorney grounds containing in all 15850 whereof in hard land 400 Acres in Fenn 15450 UUisbeche Hundred high Fen with Sutton Fen and Throkenholt severals 8365 Ladwers Ixwell-moore the Rivers c. and other severals betwen Coldham bank Bishop's dike the division of March UUelney-River and Darcey-lode 0740 UUittlesey and Stanground Common Fenns with divers severals and half severals between the old Ea and Thorney bounds the division of UUisbeche high Fenns and Dodington fenns and from that division by the High stream and Ramsey-mere to Knuts delph and by that Delph up to Horsey brigg in which bound Ramsey hath a part of a Fen next to Ramsey mere containing 2800 Acres 24435 Other Fens between the said Delph the high stream Ubmere UUittlesey mere and so by Conquest lode to Pocket-holme and the high Land 7390 Certain Fens in Huntingdonshire between the high land skirts and Ramsey-Hards and Mere and the said high stream and Conquest lode 13455 Other Fenns of Huntindonshire lying between Ramsey Mere the high stream to Benwick the West-water to Erith brigge and the skirts of the high land between the said Bridg and Ramsey Hards 13340 The Fenns of Dodington cum membris Common and several 32000 Hony Fens in all 370. viz. Hard land 90. Fen 280 Chateryz Fens together with certain Fens of Sutton and Byall fen with some severals lying between the bounds of Dodington and Hony the West-water Sutton lode and Oxwillow lode 20700 Sutton Fens on the South of Sutton lode between the West-water Haddenham fens and the Hardes of Haddenham Sutton and Mephall 2910 Haddenham fens between the former Fens the River of Ouse Wilberton fens and Haddenham hards 3870 Willingham fens on the South of the Ouse on the West of Aldrey-Causey besides Hempsall on the East thereof 2920 Wilberton Fens with part of other Fens between the Ouse and Hard land to Ely bridge 2790 Grunty-fen encompasseth with the high lands 1694 A Fen more North between Sutton lode by Coveney and the hard land of divers Towns compassing it 3780 Downham Wodfen and other Fens between the Fens of Litle port the Ouse and Ely hard-lands to the Town 2440 The Fens of Littleport on both sides of the Ouse Common and several 12660 Westmore South of Darcey-lode and West of Welney River together with divers severals 15360 Certain Fen grounds Common and several between Welney River and the Causey dike in Upwell 1105 Certain Fens Common and several between Welney River Maid lode the Ouse and Litleport grounds 8600 Part of Wisbeche high Fen lying in Waltersey with divers severals 4320 Marshland-fen and many other grounds between Maid lode and Spalding River the Fen banks and Sea banks which will be made dry by the general drayning 4220 The Fens between Helgay brigg and Stoke brigg by the River on the South-east the high lands of Stoke Wretton Wereham Dâ—reham and Wroxham on the North and the grounds of Edmund Skipwith Gent. on the West 2900 The Fens between the high grounds of Hocwold Wilton Feltwell Methwold and Northwold high lands on the East Soke River on the North the imbanked grounds of Helgay Modney Sotâ—erey and in part the River of Ouse on the West and Brandon River from Preist houses to Brandon brigg 23290 The Fens between Brandon River on the North the River of Ouse in part and Whelpmore and Burt fen on the West Mildenhall high land and River on the South and the high lands from Mildenhall to Brandon 22120 Between Mildenhall River on the North east Ouse from Prickwillow to Ely brigg on the North West Stuntney and Soham Causey the high ground of Stuntney Noruey Soham Isleham and Worlington on the South and East contain 11780 Between the said Causey and the high lands of Stuntney on the North Ouse and Grant from Ely brigg by
known and so likewise where they are not known to do the like which boundaryes shall stand good for ever And that if the Commissioners cannot agree the difference to be certifyed to the Lord Chancellour or Lord Keeper for the time being who with the assistance of certain Judges of both Benches to determine it And that within 3. years after such determination the Owners and Commoners to make division Dikes in bredth and depth as shall be thought fit by their Lords and the Homage 19. That the Commons shall be stinted by the Lords and greatest part of the Freeholders and Copyholders Commoners with the allowance and consent of the Judge of the Isle or one of the Justices of Assize of the County 20. That the Cottagers upon the Lords waste not having right of Common because they have been suffred to take benefit of the wastes shall be provided for by the Lords and Homage in every Mannour in the said wastes as the Lords and Homage shall think fit 21. That of the 112000. Acres belonging to the Undertakers no more then 4d. an Acre to be paid for the Tithe thereof for ever yearly 21. That after the said Drayning there shall be a Corporation or body politick of xxx known discreet and sufficient persons by the name of the Governours of the Fens within the Isle of Ely c. to purchase c. Lands to sue and to be sued by that name the first of these to be Martin â—ishop of Ely Sir Anthony Mildmay Sir Iohn Peyton Governor of Gernâ—ey Siâ— Oliver Crumwell Sir Robert Bevyll Sir Edw. Coke Attorney General Sir Iohn Cutts Sir Iohn Heigham Sir Rob. Wingfield â—ir Rob. Cotton Sir Edw. Apsley Sir Henry Warner Sir Miles Sandys Sir Simeon Steward Sir Thomas Lambert Sir William Rumney Knights Humfrey Tindall Dean of Ely Anthony Irby Tho. War Thomas Rawlyâ—s and Henry Totnall Esquires Iohn Eldred Roger Oâ—field of London Merchants Iohn Fyncham and Iohn Hunt Gentlemen And when these dy new to be chosen by the most voices out of such Lords or Undertakers as shall have 1000. Acres at the least of lands assigned to them 21. And that the Governours for ever shall have assured to them 112000 Acres statute measure which they may keep for ever and the profits to be imployed for the perpetual maintenance of the drayning and satisfaction for drowning as before so far as it will suffice and when it will not suffice the Governours then to lay a Tax of all the rest to do it withall 22. And that the said Governours may make Laws for the maintenance of the drayning and levying such Taxes in cases aforesaid and put them in execution being ratified by the Lord Chancelour Lord Keeper or the Lord Tresurer and the two Chief Justiceâ— or any three of them whereof the Lord Keeper or Tresurer to be one And the Governours to let the lands to them appointed to the best value so as they exceed not the term of seven years An. 4o. Iacobi Regis Cap. 13. Observations out of the Act for Drayning of certain Fens c. within the I le of Ely containing about 6000. Acres and compassed with a Bank called the Ring of Waldersey and Coldham THat Francis Tindall Esquire Henry Farre and Iohn Cooper Gentâ— having undertaken to endeavour the drayning c. shall have power for the space of 7 years ensuing the end of that present Session of Parliament to effect the same the lands so intended to be drayned lying within the Bank beginning at Kekys mill and thence extending by Tower house and Hobbes house to Tylney hirne so by Maryes dam and Elme leame to Fryday bridge and thence by Redmore dike Begdale and Goldike to Kekys mill again And that for the doing thereof they may have power to make new or repair as need is all Drains Lodes Banks c. and Sluces as they shall think fit not being in Marshland withâ—in the old Pow dike giving such satisfaction to the owners as by any six Commissioners of Sewers whereof three inhabiting within the said Isle and thrâ—e within the County of Norff. shall be set down VVhich Undertakers c. having accomplished the said Drayning to have two parts in three of the lands so drayned to them and their heirs to be set out by six of the said Commissioners at the least whâ—râ—of four inhabiting within the said Isle which two parts to be holden of the chief Lord of the Fee c. in free and common Soâ—age and to be exempt from payment of any Tithes for 7 years after the time limited for the said drayning But if the said grounds so undertaken c. shall in deâ—ault of the said Undertakers be overflowed and so continue by the space of two months betwixt the Feast of S. Mich. the Archangel and the Annunciation of our Lady or the space of one month betwixt the Feast of the Annunciation of our Lady and S. Michael the owner by the view c. of any six of the said Commissioners to re-enter and to enjoy the same Things most observable extracted by me W. D. out of the Verdict of the Iurats for the Hundred of Clakclose and Freebridge in Marshland at a Session of Sewers held at Ely 26 Iulii An. 1608. 6 Iacobi 1 THat the River of Welle from Salters lode to North delf and so upward was then in great decay in depth and bredth for want of clensing c. 2. So likewise the Sewer called Small lode in Upwell being stopt c. 3. That the Sewer called London lode lying in Upwell ordained for the Drayning of the Fen called Nâ—atmore was aâ—â—o in some decay 4. That the Sewer called Maide lode beginning at Welney water extending to Shiplode and so to the River of Ouse was imposed upon the Undertakers to scour c. 5. That the Sewer called New dich in Littleport taking its head from Welney water and extending to Crekelode in Sothrey and Helgay was then in decay c. 6. That the Sluse at Crekelode end next to the River of Ouse being utterly decayed to be new made with a dore six foot broad and 8 foot deep 7. That there was a new Sewer in Upwell then lately begun by the late Lord chief Justice Popham which taking its head out of the River of March neer a place in Upwell called Newdich end and extending in self through the Common of Upwell c. to Wadyngstow and so through Neatmore falleth into Welle River at North delph is esteemed to be a perfect Drayn for the most part of the Isle of Ely especially the whole Hundred of Wisbeche and the Towns of Upwell March Dodington Wimlington Benwick Chateriz Whitlesey Litleport and other adjoyning places even to the high Lands 8. That the Common Sewer in Sothery called Stake lode was then in great decay 9. That the River of Wysse from Helgay brigge to the River of Ouse was then defective in bredth and depth and to be amended The
next year following upon the 7th day of Iune in a Session of Sewers held at Ely these following Laws were made viz. 1. That the defects in Popham lode shall be amended 2. That for the safeguard of the grounds in Welle by which the said Lode must passe there be on either side of the same a sufficient Crest made extending from the Causey of Upweâ—l to Welle river at North delph and the said Crest or Bank to be six foot from the plain ground and in bredth at the top six foot and in thicknesse at the bottom xviii foot And that the said River be scoured and cast two foot more in depth than it then was With Indikes of x foot in bredth and four in depth and two convenient Pipes or Sluses at its fall at North delph into Welle River 3. That a Bridge of stone be made at the head of the said River by the Causey aforesaid over the said Lode of x foot broad with Sluses in the three Arches thereof 4. That four pair of Barrs be set up to keep Cattel from coming on the said Banks 5. And that Welle River from Mullycourt to Salters lode be made above 50 foot wide By virtue of which Law the River called Popham lode was again taken in hand upon the first of August ensuing and cast two foot deeper Soon after this viz. on the xxiii of the same month in a Session of Sewers held at Ely the Commissioners taking into their consideration that whereas part of the main River dividing the County of Huntendon from the Isle of Ely called the West water had used to fall by and through Sutton lode and thence by sundry Lodes to Cannol lode and so into Welney water neer Littleport all which Lodes by sundry annoyances and negligences were become almost altogether unprofitable to the Country c. to the great damage of all the Towns lying on the South side of the said Isle and sundry Towns in the Counties of Cambridge and Huntendon they ordered and decreed that all the said Lodes should be clensed And also that one antient Bank on the East side of the West water extending from Erith to Sutton lode end and so to Mydelmore stampe should be raised four foot from the Level of the ground thereabouts and made ten foot in bredth at the bottom and 3 foot at the top by the owners c. â—f the said grounds And one other Bank lying by the said Westwater upon Mydilmore and another at the South thereof in South Medland extending it self from New ditch c. to be made of the height and bredth aforesaid by the Inhabitants of Sutton abovesaid And that another Bank lying partly by the said Westwater extending from the â—outh end of Abbots Holload house bank to Holload gate at the miles end and so by the Westwater in North Medland unto Sutton lodes end aforesaid tâ—ence to Mydilmore stampe thence by Shakpole lode so to Manny Mandolegate to Hunlode gate to be repaired as aforesaid by the Inhabitants of Sutton Mepall abovementioned About that time twelvemonth there was another Session of Sewers held at Wysebeche viz. sexto Iulii 8 Iacobi where Iames Hawe Gentleman Edmund Gawsell Gent. and others presented as followeth Inprimis we find not by any Record c. that the River of Well from North delf pingle unto Salters lode hath at any time within the memory of man been ditched But we find that it hath been twice enlarged by the Inhabitants of Marshland and the Town of Wiggenhall and the Landholders of North delf pingle viz. in the sixt year of K. Henry the 1. and at the erecting of New Powdich c. And we likewise find that in 18 Eliz. there was 24 foot of ground lying on the South side of the River next Salters lode granted to the InhabitaÌ„ts of Marshland the Town of Wiggenhall whereof xii foot was digged next to the river for the erecting of a Bank to amend the Pow dich in time of necessity In full satisfaction whereof the said Inhabitants of Marshland and Wiggenhall with the Landholders aforesaid did grant to widen the River there xii foot Which Grant was then decreed by a Law of Sewers for perpetuity c. We likewise say that Popham Ee doth and is likely to bring much more water to the River of Welle from North delf to Salters lode than hath usually passed that way within the memory of man Upon which Verdict ensued then and at that place these Orders made by Sir Iohn Peyton Sir Miles Sandes and other his Majesties Commissioners viz. That the ixth of August next following a view should be taken by the said Commissioners of the River between North delf and Salters lode and upon the same view a Law made for the widening diking and making it of such widenesse and depth as the said Commissioners should think fit to be done at the charges of the Country of Marshland the Town of Wigenhall and the Landholders of the hundred and odd Acres in Stowe and the Landholders of North delf pingle And that the said Landholders c. shall be thereupon free from any charge toward Popham Ee. Upon this view it was likewise agreed that the River from North delf to Mathew Bales and xl pole lowerâ— should be made xxx foot wide which was done accordingly The next year following at a Session of Sewers held at Stow brynke in com Noff. upon the xx of May it was thus ordered by the Commissioners that the Undertakers and their heirs should have power to drayn all the grounds mentioned in the Act of 4 Iac. formerly mentioned through the Pipe called Coldham gote which lyeth under the Bank of Elme leame and so through a piece of ground lying between the said Leame and a Bank leading from Fryday bridge to Bishops dike and so till it come over against a Dike between the lands in Oldfield and Needham Thence betwixt the lands in Oldfield and Say's field on the one side and Needham bank and Thornedike on the other side and so to Old lode called Chapell lode Thence through Greendike Thence to the Bridge neer Bâ—aupre Hall Thence to Stonhamslile and so to Boys fen gate Thence unto Bedingfield Barrs and so to Hook gate and thence to Staple were at the Bank of Ouse This was called Coldham and Waltersey Law In pursuance whereof the Dikers set upon the work upon the Wednesday then next following And upon the second of August the Maâ—ons began the Pipe under UUelle River which was finished upon the Tuesday after Michaelmass day After which within a few dayes viz on Fryday ensuing the Masons began the Sluse at Stow for Coldham And upon Saturday being the xxith of September the Commissioners took view for Mr. Bell in Stowe and UUelle for the low grounds between Popham lode and the new Powdike All things therefore speeding on so well upoâ— Thursday following it being the
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
place by Priests houses where Ouse parva or Brandon water falleth in But divers Lodes Lakes and Dikes at S. Edmunds lode Gnat lode and Docky lode which took their natural fall into a great Meer by Welle called the Wide and from the Wide by divers tracts as Webwinch lake Aldy lode old Smal lode Cheselbeche Waxbeche lode Small lode and so into the River at Upwell and thence with the same Branch from Litleport to the North Seas at Wisbeche But Wisbeche outfall decaying and the passage of Nene by Crouland likewise faâ—ling through the decay of of Spalding River and other hinderancâ—s the Westwater or first branch of Ouse with Nene united waxed weak in the passage and so fell down by Marche to Welle and not finding passage by Welle at Shrewes nest point the most part thereof turned back again to Litleport by the old forsaken second Branch of Ouse and holdeth that course to this day This second Branch of Ouse with Grant united lying hereby debarred of passage by Wisbeche means was made to let it fall from Litleport-Chair to Rebbech by a lode which at the first seemed to be called Hemmings Ea and so in Ouse parva's Chanel passed to Salters lode and thence to Lynne whose Chanel not long before that time was not above six pole wide being then by due presentment said at that time to be both infficient for the Haven and Vessels thither resorting by the inlet of the Salt water and large enough to passe away the fresh as by the proceedings of a fair Commission thereof in An. 1378. may appear Then began the waters from above Welle and all thereabouts to seek their passage by that Tract to Lynne UUisbeche Chanel and so as low as the Crosse Keys which was over the face of the Marshes betwixt Welle and Wisbeche and so downwards towards Tirington utterly thereby decaying as to this day may yet be seen But the people of Marshland finding themselves overcharged by these waters upon complaint made to King Edward the first obtained a Commission An. 21 Edw. 1. to have the waters of Welle which antiently had their outfall by Wisbeche to be brought and carryed in debitum antiquum cursum c. Then were there three stopsmade viz. the first at Fendike about Upwell Towns end neer where Popham lode Sluse now standeth 2d at Small lode bridg and 3 at Outwell bridg and order taken for opening of the Rivet from Welle to Elme floudgates upon the Confines of both Counties at the costs of the people of the Isle and of Marshland indifferently To shew that the River of Ouse had its outfall at Wisbeche besides what is before exprest 1. The Sea-banks from Welle to Wisbeche 2. Wisbeche Castle founded super flumen illud famosum quod Wel streme appelatur Regist. de Petroburg 3. Situm est praedictum Castrum quod à pluribus paludibus rivulis fontibus principium habet per longos meatus in mare magnum juxta Wilbeche derivare liquidè comprobatur Regist. de Thorney parâ—e 3a. p. 34. 4. The people of K. Iohn perished in the waters of Welle That there was sometime no River between Litleport Chaire and Rebbech 1. a Record vouched by Mr. Hexham Surveyor to Philip Earl of Arundell the tract of the River being of a clean conâ—rary nature viz. more straight than any of the Ouse in all the Fens from Ely to Wisbeche 2. The imposing of the name of Heming's lode in the Description of Rack fen in the words of the Record viz. à le Chaire per Heming's lode usque Gnat's lode end That the waters of the Isle should not nor of old did fall down from Welle upon Marshland Eastward nor into Welle Fens in Norff. 1. See the Commission de anno 21 E. 1. 2. See the Leet Rolls de anno 29 E. 1. pro Wadingstow fracto in hiis verbis Reginaldus de Burgo fregit obstupationem de Wadingstow factam per Breve domini Regis reversit aquam extra rectum cursum suum ad magnum dampnum nocumentum totius patriae ideo in misericordia iiis. See there some others amerced for the like and in the next Leet how their Pledges were amerced and the Offenders commanded to be attached 3. See in the Rolls of Upwell Leet 12 E. 2. in fine divers amerced for breaking or hurting the Banks of the Fenn called the Fendike between Welle and Wellenhe and many Presentments to prove that there were Banks from Upwell to Wellenhe and that they should not be broke nor cut nor the water turned into the Fens neer Marshland 4. See the stopping of the waters of Welle from falling upon Marshland upon rhe Complaint of Marshland men made to the King by whose Commission they were stopped at Outwell brigge at Small lode brigg and at Fendike lake in Upwell and at a place neer the Sluse at Upwell Towns end on Popham lode head sometimes called UUadingstow 5. And upon the breach of the Dam at Smal lode bridg by means of a Complaint of Marshland-men see a Commission sent down in 25 E. 1. to enquire of the Malefactors and to punish them expressly for breaking Small lode dam and a Writ of Attendance directed to the Sheriff to that purpose 6. And that Small lode dam was according to this Commission made and fortified again appeareth plainly by divers Presentments and punishments set forth in the Leet Rolls of Upwell aftâ—r those days only one of 12 E. 2. shall suffice viz. Et dicunt quod Walterus Jollyff consuetus est trahere batellam suam ultra estupationem factam per Breve Domini Regis apud le Little lode per quod dicta obstupatio deterioratur ideo in misericordia iis. See there 4 or 5 more amerced for the like And that there were Banks from Upwell to Welleney aboard the great river kept that the water should not fall into the Fens on Norfolk side may be proved by very many Presentments almost in every Kings time since Edward 1. to K. Iames viz. in 1 2 22 23 24 25 E. 1. 2 E. 2.12 15 16 18 E. 2.3 4 E. 3. c 2 R. 2. c. I will only add one more old Record to prove that the waters of the Isle should not fall into the Fenns on Norff. side An. 24 E. 1. Iuratores dicunt quod Adam Noach cidit communem dravam per medium juxta hold Wellen hee per quod cursus magnae ripariae hold UUellen hee transversus est ex recto cursu versus mariscum ad grave nocumentum totius Communitatis ideo dictus Adam in misericordia xiid. And in the Leet following his Pledge was amerced and pained to have it amended and he himself distrained to answer to it So that where it is here said and in many other places also that the stream of the great River of Wellenhee was turned out of his right course by cutting the Fendikes or Droves in this Presentment and some others it
is said that the water was turned into the Fen so as to go out of the right course into the Fen proveth plainly that there was no Watercourse through the Fen for the water to passe by And in An. 1 Mariae it was thus presented Et quod nulla persona abscindet Calcetum in aliquâ parte ejusdem sive aliquorum aliorum Calcetorum c. sub poena forisfacturae pro quolibet tempore sic factum vis viiid. And in the Convocation for Cowstowe .... the Jury say thus Dicunt etiam quod antiquo tempore antequam aquae Marisci descendebant versus Wigenhale Sed postquam aquae marisci desendebant versus Wigenhale nunquam fuit dictum fossatum aliqua salvatio c. Whereby it appeareth that antiently the waters of Upwell did not fall down towards Wigenhall and so by Lynne That there was a Mere in Welle called the Wide Robert de Swaffham in his Hist. of the Foundation of Peterborough under the title De gestis â—ncliti militis Herewardi saith that Hereward fleeing William the Conqueror cum navibus suis quas habebat benè armis munitas c. in quoddam mare Wide vocatum juxta Welle secessit magnum spaciosum lateribus aquarum liberos exitus habens The name and tract of which Meer yet remaineth in the Fens of Upwell Wide lode being ordained to be clensed by the same Law that Small lode was That the waters had their course from Gnat lode towards Welle The tract to this day sheweth it for the Presentment by which Small lode is so much urged saith that Gnat lode incipit apud Hawkyns bright durat usque Fowr lodes end The Crosse end of Gnat lode was Docky lode which fell into Widelode and in the same Presentment it is said that Wide lode was in length a mile and a half and xv furlongs and that old Small lode incipit à Wide lode and continued towards Welle to a place of late called crosse-Crosse-water against Nurses viii acres end by the space of half a mile and half a furlong and there fell into Cheselbeche lode alias Small lode and from Seman's goole came into the River a little below Upwell Church Other Branches there were all tending their course towards UUelle and so to the North Seas at UUisbeche as UUebwinche lake UUell meere Audley lode UUabeche lode Chesebeche lode Twane lode Saltham lake c. as may seem by the tracts of many of them in the Fens of UUelle So much be spoken touching the old course of the River of Ouse and of the other Lodes and Meers which by reason that the outfall at Wisebeche hath been for a long time much choak'd up with silt are not now well known to the vulgar and therefore I have thought it not impertinent to leave this memorial of them to posterity I now return to the general Drayning Upon the xxiiij of February in the said 15 year of King Iames there was a Session of Sewers held at Huntendon and these following Decrees then made viz. 1. First that the great River of Wisebeche from the Sea to Wisbeche bridg thence to the mouthe and so to Gyhyrne Crosse be clensed to the antient bredth and old bottom viz. from the Sea to the Mouth by the Hundred of Wisebeche thence to Guyhyrne Crosse by the Bishop of Ely before the xxth of Iune then next ensuing upon pain of 3s. 4d. for every perch not perfected by that time 2. That Morton's leame be accordingly scoured c. from Guy hyrne Crosse to Midfentre by the Hundred of Wisebeche for their Common in the High Fenn thence to Musdyke by the Inhabitants of Wittlesey thence to Stanground staffe by the heirs or assigns of Sir Anth. Mildemay before the xxth of Iuly next upon the like penalty 3. That the Old Ea from Clay lake unto Middle honce hard at Bull dyke end neer Peterborough be in like sort clensed c. by the Dean and Chapter of Peterborough Thence to Thorney Cross by the Lord of the Cokenary of Wittlesey or the fermour thereof 4. That the Sewer called Catts water from Thorney Cross to Fynset Cross be clensed c. by the Lord Russell or his Tenants for the Lordship of Thorney on the East side and on the West side by the Bishop of Peterborough And to Tooth willow thence to Henny dyke and Perkyns coat by the said Lord Russell before the xxth of Aug. next 5. That Thorney water from Blackstile to Thorney gote and thence to Powteshed and so to Wryde ware by the said Lord Russell his Tenants c. From Wryde ware down Wryde lake unto High fen dyke by the Commoners in Wisbeche high fen before the said xxth of August 6. That the River called High fen dyke and South Ea being also a branch of â—ene be scoured c. from Guyhyrne crosse unto Clow's crosse in bredth xl foot and depth six foot by the Towns of Wisbech Leverington Newton and Tyd S. Giles And from Clows crosse to Halgates by the Landholders of Sutton cum membris and Tyd S. Maries their Tenants c. on the North part and the Lord of Throkenholt on the South before the said xxth of August 7. And from Hallegates to Goldyke by the Inhabitants and Landholders of Gedney and Sutton cum membris so far as their limits extend on the North part and by the Inhabitants c. of Sutton c. wholy on the South part And from Goldyke to Dowsedale on the North side by the Inhabitants c. of Whaplode Holbeche Flete and Gedney every Township so far as their particular lymits extend And on the South side by the Lord and Owners of Thorney c. And from Dousedale to Nomans land on the North side at the Prince his charge for his lands in Crouland and on the South by the Lord of Thorney 8. And that the River of Weland from the Sea to Crouland and thence to Stamford bridge be sufficiently clensed c. before the 20th of Iune aforesaid And that the out-ring banks from Dousdale to Crouland in length 4. miles be amended at the charge of the Prince or his Tenants of Crouland And the Bank from Crouland to Clout house 3. miles in length be amended at the charge of the said Prince That Lx. Rods thereof be repaired by Rob. Chapman Clark and several other small proportions of it by other mean persons 9. And whereas the two Rivers of Ouse and Grant do pour down so much water that the Chanel below Harrymere where they unite cannot contain the same but hath been supplied by the Sewer called the Old Ea and by another Sewer called Padnall lake which Sewers being crooked and narrow were almost grown up and that the Commissioners for supplying the said defects had make two Laws of Sewers the one dated 9. Iunij 1609. the other the 8th of Aug. in the said year and thereby appointed two larger Sewers neer the said places and
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
which might be perfected And that those works ensuing mentioned in the said Law should proceed and be perfected viz. the River of Ouse Sutton-lode London lode and Mayd lode and that the Decree made at Stilton 30 Martii then last past should stand in force And upon the xix of Iune then next also ensuing in farther prosecution of this great and necessary work the said Commissioners exhibited a Petition to the Lords of the Privy Council Shewing That whereas sundry Sessions had been held by them since his Majesties Commission for Drayning c. was on foot and nothing effected through the variety in opinions of the said Commissioners but instead thereof much charges lost and that many parts did thereby suffer and undergo great danger And therefore desiring that for the safety of those Countreys so endangered and prevention of farther delays their Lordships would please to direct that at the Sessions to be held at Peterborough on the last day of that instant Iune one of the Clerks of the Council might be there present with them to take a view of the Outfalls if need should require who as a person indifferent might inform their Lordships of the fecibleness of the work and of the fittest means to effect it without or with the least loss to any part And that a certain and constant course might be by their Lordships directed whereunto they all expressed themselves willing to submit Upon which Petition it was then ordered by the said Lords that Sir Clement Edmunds Knight should meet the said Commissioners at Huntingdon for accomplishment of their desires in the view of the Out-falls c. And upon the xijth of August next ensuing at a general Session of Sewers held at Huntingdon aforesaid there were appointed three Commissioners of every County to accompany the said Sir Clement Edmunds in that service Who accordingly performed it and gave in this following Certificate to that honourable Board viz. 1. That the River of Ouse in time of flouds had in former times certain Slakers or bi-Sewers to receive part of the water wherewith it was overchardged whereof the West water at Erith brigge was one which now for want of clensing falleth into the Ouse whereas it should pass from it 2. That the said River was from Huntingdon to the high Bridg at Ely much choaked with Weedes and stopped with weres and in divers places made shallow by Gravels and Fordes which they call Hards 3. That the Haven of Lynne was through the violence of the Tides and the great fall of fresh-Fresh-waters grown much wider than it had been to the endangering to Marshland 4. That the River of Nene is also much stopped and choaked up so that it passeth not out totally at Wisbeche which is its proper out-fall and that below Wisbeche it was found neer the out-fall six foot or more higher in the bottome than it had been heretofore so that whereas the Inland waters at Guyhirne which had formerly 5 foot fall were not only stopt but the River fell back upon them Whereupon a Law of Sewers was made by the Commissioners for the amendment thâ—reof 5. That a Sluse made upon that River formerly to the great charge of the Country stood not 7. days but was blown up by the Tides Nevertheless that it was agreed that after the River was again clensed to a sufficient depth there should be a new Sluse there erected if need required But as to the performance of this work for matter of charge there was a great difference between the Town of Wisbech and the Inhabitants of the Upland Countries forasmuch as the said Town insisted upon a considerable help from them towards the charge thereof alleging what benefit they would receive thereby 6. That the said water of Nene not having a free passage by Wisbeche but dividing it self into divers parts did great hurt by overflowing the Country about Thorney and Crouland and that in 38. Eliz. there was a Drain agreed on for the passing away part thereof at Clows crosse which Sewer lying x. or xij foot lower than the Level above was conceived to be the best drain to regain the surrounded grounds on the North of Wisbeche 7. That forasmuch as the Inhabitants of Marshland complained much of their danger by the running of Wisbeche River from the 4. Gotes by the skirt of Marshland and that if the out-fall before-mentioned should be opened whereby a greater proportion of water would pass that way it would be much worse for them It was therefore agreed that if the said River together with the Drayn of Clows crosse were carried from the said 4. Gotes by a new Cut to be made through the Saltmarshes to an out-fall called King's Creek besides the benefit which would arise by drayning of their Fens it would secure Marshland from danger and no way prejudice Holland 8. That the River of Weland also was from Crouland to Spalding very defective for want of clensing and from Spalding to its meeting with Glen neer to the Sea almost silted up insomuch as the Inhabitants of Spalding complained that by reason of the shallows thereof which were less than half a foot deep 2. miles below the Town they had not wholsome water for their necessary uses 9. Considering therefore these defects c. before expressed he proposed to the said Lords that some carâ— might be taken to open those out-falls And though there were many Gentlemen of good worth in those parts who wanted neither zeal nor judgment to do service therein yet it was conceived that the work might be best effected by such as had no interest at all in the Country but stood indifferent between all parties and thereby levy the charge without partiality Whereupon ensued certain Orders occasioned by that view of the said Sir Clement Edmunds and those Commissioners viz. 1. That the Sewers between Overcote and the Meere be opened and scoured before the last of May then next ensuing sub poena 3s. 4d. per vigam 2. That the West water with all the branches be opened and scoured by those who ought of right to do the same by Michaelmass come twelve-Month then also next following sub eadem poena 3. That the Hill in Humbert's water be abated before the first of November sub poena 5. libr. 4. That Padnall lake from Ouse to the Clay way be scoured xx foot wide and 4. foot deep by the first of April then next ensuing sub poena 5s. per virgam 5. That Stretham and Thetford do their Draines by the first of May sub eadem poena 6. That Popham Ea though it be respited is reputed an excellent drayn Sir Raph Hare and other of the Commissioners being appointed to view its defects 7. That the work in Wisbeche River be perfected before the 20. of August next 8. That a new Clow be set up at the charge of all that drayn thereby 9. That South ea be clensed after Wisbech River and Weland
the Sea from that point of land about Hunstanton in Norfolk to Wynthorpe in Lincolnshire which maketh it much like unto a Bay I am now to demonstrate by what means it came to passe that the Ocean at first brake into it with such violence as that the woods then standing throughout the same became turned up by the roots and so great a proportion of silt brought in as not only for divers miles next towards the Sea did cover the ground to an extraordinary depth as I shall plainly shew anon but even to the remotest parts on the verge of the High lands as is apparent from that discovery made of late years at the skirt of Conington down in Huntendonshire where upon making of a pool by the famous Sir Robert Cotton Baronet he found the skeliton of a large Sea-fish neer xx foot long as was then conjectured lying in perfect silt above six foot below the superficies of the ground and as much above the present Levell of the Fen which by so long a continuance in that kind of earth was petrified as is evident from divers of the bones both of the back and other parts which are still preserved by Sir Thomas Cotton Baronet his worthy son amongst other extraordinary rarities that were collected by that learned person But when and by what means that violent breach and inundation of the Sea was first made into this Country I am not able positively to affirm therefore I must take leave to deliver my conjecture therein from the most rational probabilities VVhich is that it was by some great Earthquake for that such dreadful accidents have occasioned the like we have unquestionable testimony Coss. Valentiniano Valente saith the tripartite History terrae motus factus multas diruit Civitates sed etiam mare terminos proprios mutavit in quibusdam locis in tantum ibi fluxit ut loca quae pridem ambulari poterant remigarentur ab aliis verò locis tantum recessit ut arida tellus inveniretur In the time of the Consulship of Valentinian and Valens there was an Earthquake which not only overthrew divers Cities but altred the very bounds of the Sea which so flowed in some parts that men might sayl in those places where before they did walk and forsook other that they became dry land The like relation of the same Earthquake but somewhat more largely doth Ammianus Marcellinus make And to the like purpose also is that of Ovid Vidi ego quod fuerat quondam solldissema tellus Esse fretum vidi factas ex aequore torras Et procul à pelago Conchae jacuere marinae Et vetus inventa est in montibus anchor a summis Quodque fuit campus vallem decursus aquarum Fecit eluvie mons est deductus in aequor Eque paludosa siccis humus aret arenis Thus translated into English by G. Sandis Where once was solid land Seas have I seen And solid land where once deep Seas have been Shells far from Sea like Quarries in the ground And Anchors have in Mountain tops been found Torrents have made a valley of a plant High hills by Deâ—uges born to the main Deep standing Lakes suckt dry by thirsty sand And on â—ate thirsty Earth now Lakes do stand VVho would imagine that the City of Gant in Flanders had been an Haven town yet that so it was about DCCC years since appeareth in the life of Charls the great written by the learned Du Chesne So likewise S. Omers as Ortelius testifieth S. Audomari oppidum saith he olim fuisse Oceani portum atque sinum maris latissimum vel praealta littora quae ipsam Civitatem quasi cingunt demonstrant aliaque innumera argumenta antiquitatis vestigia c. That S. Omers was a Sea port and an ample harbour aswell the high shore which as it were compasseth that City as also a multitude of other arguments and badges of antiquity do manifest Neither do we want examples here in some parts of England of this kind Ratesborough otherwise called Richborow in Kent sometime a Colony of the Romans was or ever the River of Sture did turn his botome or old Canale within the Isle of Thanet as Leland affirmeth and by likelihood the main Sea came to the very foot of the Castle but now it is off from it a mile by reason of the wose that hath there swollen it up So also Lymme hill or Lyme was sometime a Haven and good for ships that might come to the foot of the hill And Rumney four miles distant from Lymme hill one of the Cinque Ports hath been a meetly good Haven insomuch saith the same Leland who lived in King Henry the 8th' s time as within remembrance of men ships have come up hard to the Town and cast anchor in one of the Church-yards but is now two miles from the Town which is so sore decayed thereby that were there were three great Parishes and Churches sometime there is now scant one well maintained And concerning Eye in Suffolk it is not a little observable what he likewise expresseth viz. that it should seem antiently to have been in a manner totally encompassed with waters Eye in our old English signifying an Island but now saith he there is no such store though it be a moist place especially in the winter season which manifestly sheweth that it was heretoforeâ— a standing Fen. Adding that in old time Barges came up thither from the Haven of Chromar or some Creek neer unto it there having been found by the Monks of Eye in scouring of their Ditches large Rudders done over with pitch as also Barge-nailes with other naval Instruments though then no Vessels came neerer to it than Burstan which is xij miles distant And as some places have got from the Sea so some other have lost as may seem by Skegnesse in Lincolnshire which was heretofore a great Haven Town as the before-specified Author relateth and walled having a Castle but the old Town is clean consumed and eaten up of the Sea Not unapplicable hereunto is therefore that of the Poet. Haud procul hinc stagnum tellus habitabilis olim Nunc celebres mergis fulicisque palustribus undae Hard by a Lake once habitable ground Where Coots and fishing Cormorants abound CAP. XXXIV How Holland and Marshland were first gained from the Sea BUT though the Sea by some such strange accident made that irruption into those parts yet did not the tides for any long continuance of time flow wholly over it as I presume for most evident it is that as all flouds do from the muddiness of their streams leave on the Verges of their quickest currents a sandy settlement so by these dayly fluxes did a vast proportion of silt fix and settle somewhat within the mouth of this Bay which silt in tract of time increased to such a height as that it exceeded the ordinary flowings of that watry
Gutters formerly there were then obstructed and the bridges decayed by means of a certain controversie which had long been betwixt Iohn de Britaine Earl of Richmund and Robert de Grelly touching the metes and bounds of that Fen and through the default of those who ought to have repaired those Sewers Ditches c. the King therefore appointed Iohn Beke and N. Stapleton to enquire thereof c. VVhat was done therein I find not but the next year following the King by the advice of his Justices commanded Iohn Beke N. de Stapilton and Roger Loveday to enquire who ought to repair the Bridge called Peccebrig and the two Bridges in Spalding who finding by Inquisition that the Abbot of Croyland the Prior of Spalding and all men holding lands in Spalding were obliged to the repair of them according to the proportion of land which they held in the said Town so that every acre were assessed alike summoned the Prior of Spalding and all the Free-holders in Spalding to come before them who all of them excepting the Abbot of Crouland appeared and consented for themselves their successors and heirs to repair and maintain those Bridges according to the quantity of their lands that they had there provided that the said Abbot would do the like for his And because the said Abbot absented himself and refused command was given to the Shireeve that he should summon him to appear before the Commissioners before-specified at Boston upon the Eve of S. Laurence At which time he accordingly came and in the presence of Raphe de Hengham I. de Metingham W. de Burenton and Roger de Leicestre agreed for himself and his sâ—ccessors to do as the said Prior had done viz. that they with the consent of the Free-holders of Spalding would repair and maintain those Bridges according to the proportion of their lands in that Town so that every Acre should be assessed alike of the demesnes aswell new as old and of the Villenages And that if any shops or stalls should be built upon the said Bridges all the benefit arising by them should redound to the repair and maintenance of the same In 12 E. 1. Iohn de Wigetost having commenc'd a sute against Iohn the son of Osbert de Swyneheved and divers others for making of Ditches in the said Fen called Haute hundre fen Swyneheved Wyktost Sotterton Algerkirk Kirketon Fraunkton Wyberton and Skyrbek so that he could not drive his Cattel to the said Fen desired license to withdraw his sute which was granted About two years after after this there was a great inundation in these parts at which time the most of Boston was drowned and the Monastery of Spalding suffered much loss The King therefore having advertisement that excessive damage had befallen this Province by the want in repair of the Causey called Holand Causey and by the decay of the Banks Ditches and Sewers in these parts gave special command to Iohn de Vaux and his fellow Justices itinerant in this County of Lincolne that they should search their Rolls and send unto him aswel such Inquisitions as had been made by them touching the repair of that Causey Banks Ditches c. as those which were taken by Martin de Littelbury and his associates Gilbert de Preston and his as also of other Justices itinerant in this County in the time of King Henry the third Who did accordingly which Inquisitions so transmitted as aforesaid did then remain in the custody of Sir Raphe de Hengham upon a certain file of Records of the xxth year of this Kings reign Upon perusal whereof by the Justices of the Common pleas they thought not fit to proceed to judgement nor to cause any distresses to be made because it did not appear by what had been done therein that any of the parties consented thereto but rather that thâ—y were taken in their absence for which respect they deemed it necessary that all such persons as were concern'd in that businesse should appear in Court that the matter might be argued and determined in their presence And because they thought that it would be too much trouble and inconvenience for so great a number of people to appear before the King wheresoever he might then be in this Realm and therefore that it might be better to have the same â—iscussed in these parts the said King did by the advice of those his Justicâ—s itinerant direct his precept unto Iohn Beek Nicholas de Stapilton and Roger Loveday that they should enquire who ought to repair those Banks Ditches and Bridges and to distrain them thereto Who accordingly making Inquisition first concerning the bridge called Pekkebrig and then of the two bridges in Spaldyng and finding that the Abbot of Crouland the Prior of Spalding and all the Land-holâ—ers in Spalding were obliged to those repairs according to the proportion of land which each man had in that Town so that every acre were alike did thâ—reupon summon the said Prior of Spalding and the whole number of the free-holders in that Town All which excepting the said Abbot appeared and agreed for themselves their successors and heirs to repair and maintain those Bridges according to the quantity of their lands in that Town though the said Abbot would not consent thereto for his portion And because the said Abbot did absent himself and refused the Shireeve had command to give him special summons to appear at Boston upon the Eve of S. Laurence at which tune he came thither before the said Commissionersâ— and in their presence as also in the presence of Raphe de Hengham I. de Metingham W. de Brumpton and Roger de Leycestre accorded for himself and his successors that they with the assistance of the Inhabitants of Spalding would repair and maintain the said Bridges according to the proportion of land which each of them had in that Town so that every acre might be assessed alike of the demesnes aswell old as new and of those held in Villenage and that if any shops or stalls should be built or planted upon those bridges all the profit arising thereby to be imployed in their repair In 15 E. 1. W. de Carleton and Will. de Candlesby were constituted Commissioners to enquire through whose default the Sea-banks in this Province were in decay and so consequently broken by the violence of the tides to the great damage of the Inhabitants much of their low grounds being thereby drowned And by an Inquisition taken at Scoft near Trokenhou before Simon de Ellesworth and his fellow Justices upon Monday next after the feast of the Epiphany in the xxiith year of the reign of the said K. Ed. the first it was found that the Towns of Tid and Sutton in this Province of Hoiland in Lincolnshire and of Tid Neuton and Leverington in the County of Cambridge could not be preserved except the fresh water of Scoft neer Trokenhou were restrained unto the bredth of four foot and
common of Pasture or fishing neer the same bank nor any safeguard or defence thereby but that for their Lands and Tenemâ—nâ— they thâ—n did and of antient time had repaired a certain bank called Blake diche by which they had benefit and preservation Nevertheless at the prâ—sâ—cution of the Inhabitants of Tilney wâ—o ought and had alwaies used to repair and maintain totally the banks câ—â—led Hâ—ddich under colour of an Inquisitioâ— touching certain things which were amiss in those parts taken â—efore them the said Commissioners they did adjudge a certain part of that bank to be repaired and maintained by the saiâ— men of Ilsingtone whereupon they were distrained so to do The said King tâ—erefore being desirous that all parties should have right done to them therein required the before specified Commissioners to transmit the whole proâ—ess of their doings therein unto him in the xv of St. Iohn Bapt. then next following At which day both the men of Islington and Tilney came but the hearing thereof was then respited till the Octaves of St. Michael and at that time did Thomas atte Lache one of the Inhabitants of Tilney appear accordingly but they of Ilsington appeared not therefore the men of Tilney had execution of what had been decreed by the before mentioned Commissioners At the same time there was complaint made to the King on the behalf of the Abbot of St. Edmundsbury that whereas he the said Abbot held certain Lands in Tilney and Ilsyngton which had antiently belonged to that Monastery and notwithstanding that every Landholder there and in the parts adjacent ought to defend their own proper grounds at their own peculiar charge against the force of the Sea and make and repair certain banks for their better preservation by the appointment of the Justices of Sewers and likewise by custom nevertheless certain men of those parts having an aim to alter that their custom and to compell the said Abbot and câ—rtain others who to their great charge did make and maintain the banks against their own Lands to contribute likewise in common to the repair of all the other banks had procured certain Justices of Sewers to view those banks which they did accordinglyâ— not giving notice to those complaynants the said King therefore by his Writ directed to Henry le Scrope and his fellow Justices of the Kings Bench required them to take the business into consideration and in case they should finde that the before specified information was true then to discharge the said Abbot and the other persons concerned therein In 5 E. 3. Iohn de Cantebrig Will. Lovell Walt. de Glemesford and Iohn de Waltham were assigned to view the banks and ditches in these parts of Mersh land and to take order for their repair The like appointment in 7 E. 3. had Simon de Drayton Will. Lovell Will. de Dunton and Peter Fitz waryn In 9 E. 3. at a Session of Sewers held at the Church of Wigenhale St. Mary upon the Monday next after the Clause of Easter before Iohn Howard the elder and other Justices the Jurors presented that the safeguard of the whole Town of Tilney and Islington was one and the same and that all the Lands and Tenements and the holders of them as also of common of Pasture and fiâ—hing there were equally secured and defended by the Banks Ditches and Sewâ—rs belonging thereto from the inundation of the Sea and flowing of the fresh waters And they said that in the dayes of K. Edward the first there was an equal assignation made to the Inhaitants and Tenants of these Towns according to each mans proportion of the banks ditches and causeys belonging thereto by Will. de Carleton and his associats then Justices of Sewers at which time the charges were easy but then through the raging of the Sea and flouds of fresh waters very heavy and grievous to bear As also that the said charge was then so unequally assessed that some persons were burthened more by an hundred fold considering their proportions of Land than others whereby they were so impoverish'd that they were not then able to contribute any farther to these repairs and that by their decay much damage had already accrued there and more was likely to happen if speedy remedy were not had Wherefore they said that of necessity there ought to be a new Agistment made of the said banks and ditches and an assignation of a fit proportion to each man for the maintaining whereof they might be continually compell'd And they said moreover that the ground whereupon the Ditches and Banks stood betwixt Edyensgole and the East corner of the Tenement of Iohn de Engaldesthorpe in the Freth within the said Towns of Tilney and Ilsington was daily torn up by the boysterous Sea tides and flouds of fresh waters insomuch as the said banks could not be preserved in any sort by that Agistment to defend the said Town from drowning therefore they said that for safeguard of that Town there must of necessity be made certain Kays and four or six Schrops betwixt Edyensgole and the said corner at the charge of all the Landholders throughout the whole Town And they ordained that whereas by reason of the like danger in another place between Knight's gole and the gutter called Cattesback dole the Sea banks would not be sufficient to defend the Town from drowning there should be made forthwith certain Kays and Schrops at the charge of the whole Town and and that no bank should be thrown down towards the River betwixt those Goles in any place but where they then were untill by assessment they could be maintained at less charges And that the whole bank and chanel of the river betwixt the said gutters be made and if need required raised two foot higher so that it should contain xiii foot in bredth at the top and at the bottom a thickness proportionable thereto And they also said that the banks upon the river side betwixt Skalys gole and Cattesbak were grown so narrow towards the bottom by reason of the often sinking down of the Earth that the Cart way which is of xxiiii foot in bredth towards the said banks and ditches for the whole length thereof was by those banks and ditches totally interrupted and stopt whereupon they ordained as before that time it had been that xxiiii foot of ground should be added thereto from the Land next adjoyning And they farther said it was necessary that all the Sewers and Gutters great and small as also the common Bridges in Tilney and Islington with the gutters of Sibley and at the Mill sometime belonging to William de Fen upon the Fen ditch in Tilney should be continually repaired at the charges of the whole Town as often as need should require with the help of the Town of Tirington and for scouring the Sewers of Wesenhamdale in Tilney to the gutter called Scales gole and to make and maintain the same gutter continually which said assistance did