all surrounded Wastes and Commons as also the most of the Commoners for their particular Commons might contract or bargain for part of such Commons Wastes Severals with such person or persons who would undertake the Drayning the Country themselves being not able to do it as the said Act acknowledges and that the same their contract and conveyances thereupon made should be good and available in Law against the Lords of the soyl c. and all other the Commoners therein but not against the said Queen her heirs or successors except such conveyances should be certified into the Chancery in case the said Wastes were of the possessions of the Crown and except the royal assent were obtained thereunto Howbeit upon this Act hapning so neer the latter end of that Queens reign little was done but King Iames shortly after coming to the Crown being a grave and prudent Prince as also of a most noble and publick Spirit and withall highly sensible of the general advantage which thereby would redound to whole Kingdome by his Letters directed to the Commissioners of Sewers for the Isle of Ely and Counties of Norfolk Suffolk Cambridge Huntendon Northampton and Lincolne bearing date at Westminster the xith of Iuly in the second year of his reign encouraged their proceedings therein expressing his readiness to allow a part of his own Lands to be so recovered towards the charge of the work in like proportion that other of his subjects should do and signified to them that he had appointed one Henry Totnall and Iohn Hunt respectively to take view of the said Fenns and to treat and contract with as many Lords and Commoners as they might touching the premisses desiring likewise the said Commissioners to be aiding to the said Henry Totnall and I. Hunt therein The limits of the Commission for the general Drayning attempted Aâ— 1605. The grounds lying between and within any the limits within the Isle of Ely and Country of Marshland and within all the grounds every way between the said Isle and the River of Ouse and between the Countrey of Marshland and the same River of Ouse and the Upland grounds of Norff. Suff. Cambr. and Huntingdon and between all the grounds between the Isle of Ely and the Upland grounds of Huntingdon Northampton shires and within all the grounds aswell of the Washes in Lincolnshire as those between the same washes the Isle of Ely South ea bank great Porsant bank and the River of Welland and within all the grounds between the said River of Welland great Porsant bank South Ea bank and the Upland grounds in the Counties of North. and Linc. and within all the grounds between the River of Welland and the River of Glen or in the borders and confines of the same The particular limits From the Corner of Edw. Skypwith's bank next to Creek lode by the River of Ouse and so by that Bank to Maid lode alias Shiplode and by a Bank on the North side of the said Lode to Calsey-dike and so through a part of Upwell to Lakebridg and from thence by Bishop's dike to Fryday brigge and so Elme leame to Maryes dam and to Tilnâ—y hyrne and from thence to Hob's house alias Bensted hyrne to Guy hyrne and from thence to Clowes Crosse and so by South Ea bank and through Crouland to the further end thereof towards White house from thence by a new Bank or Banks as intended to be made to the Upland neer Peykirke in Com. Northt From thence by the utmost ring of the Fenns or low ground to the Upland subject to surrounding in the said Counties of Northt and Hunt to Erith and from thence by Over fen Bank to Over hive and from thence by the utmost ring of the Fens or low grounds towards the Upland subject to surrounding in the said County of Cambridge to a Causey leading from Water beche to Clay hive Ferrey and from thence to the utmost ring of the Fenns or low grounds towards the Upland subject to surrounding in the said County of Cambridge unto Upwere and thence by the utmost ring of the Fens or low grounds towards the Upland subject to surrounding in the said Counties of Cambridge Suff. and Norff. to Stoke Causey and by it and the utmost ring of the Fenns and low grounds towards the lands subject to surrounding in the said County of Norff. to another Bank of the said Edm. Skipwith's by Stoke River and by the said Bank of Helgay Causey and from thence by the utmost ring of the Fenns or low grounds towards the Upland of Helgay and Sotherey subject to surrounding unto Sotherey Calsey and by it to the River of Ouse at Sotherey ferrey and from thence by the said River of Ouse to the said Corner of the said Mr Edw. Skipwith's Bank In order therefore to this great work direction was given to one Mr. Richard Atkins of Outwelle a person whose observations in these fenny grounds were very notable to make search with an Augar of xi foot long on the skirts of the New Leame from Guy hirne to Stanground stafe to find the soil there of at eight foot deep whereupon he began so to do on the second of April and found the first place on the North side 2 3 4 and 5. all Moor. 6. At mile and half Tree Moor 7 8. All Moor. 9. In the Leame Moor 10. On the North side Moor In Knarlake Moor at eleven foot deep 12. On the South side against Knarlake all Moor. 13. In the Leame Moor. 14. On the North side all Moor to 8. foot 15. In the Leame Moor 9. foot deep 16. By Lords dikes end black Moor mixt with earth 17. In the Leame the like 18. On the North side the like 19. On the South side Lipny holt against the Hill mixt Earth 20. Westward a furlong black Moor mixt 21. The like 22. 23. Against Easttree mixt Moor. 24. Nigh Cotes Moor on both sides 25. Against Cotes all Moor Above Cotes on the North Moor by Basually hill 26. At Stonhil doles Moor. 27. Against Calves Croft South Bassa gravel North Moor. 28. Between the Leame and the Lake against the Mills Moor. 29. Between Great Hill and Stone hill gravell Moor mixt 30. Between Stone hill gravell and Eastlong Lotts all Clay aloft and gravell at 2. foot 8. inches 31. More Westwards in the River Gravel and silt at 4 foot 32. On the North side At North Ee gravell the like 33. At North Long-lotts all Clay aloft 34. 35. By Bradley fen Clay and mixt Earth aloft about 3 foot 36. By Bradley fen to the Leames end such like above but rank Moor all the way under The Searches made from Erith bridge to Plawlis were At Erith bridg within Lx pole of the Bridg at the first Ham there at 2 foot and 2 foot and a half Clay But after under the same at 8 and 9 and 10 foot and upwards is all red Moor and so from thence
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
to be the charge of certain other lands of a C. Acres in Stowe on the North side of the Old Pow diche which is wholly in defect 16 All which Bank from Salters lode to the decayed messuage of North delf ought to be five foot above the Fen and in bredth in the bottom xviij foot and in bredth in the top xij foot And from the said Northdelf house to Mully court the said Bank ought to be in height vi foot and in bredth in the bottom xviij foot and in the top xij foot 17 And that the menure for the repair making of the same Bank ought to be taken on the South side xij foot from the foot of the same Bank saving in the time of great need and not on the North side of the same Bank but in the winter time and when for the inundation of the water it cannot be taken on the South side and then C. foot from the foot of the same Bank But because there is no punishment contained in the said Decrees for such offenders as take their menure within xij foot of the said Bank on the South side thereof whereby the foot of the said Bank in divers places is very sore diminished and the Lands and Tenements within the Salvation aforesaid much the more in peril wherefore we find it reasonable that it be now decreed that every person that shall take any menure on the South side of the said Bank within twelve foot of the said Bank except in time of great necessity shall lose and forfeit for every Rod so taken and decayed as aforesaid xs. the moytie to the finder of the same the other moytie to the Queens Majesty But notwithstanding all this care and cost so outragious were the storms and tempests which did beat upon these Sea-banks that on Monday and Tuesday the second and third of October in the year 1570. 12 Eliz. they made several breaches in them whereby all Marshland together with the Town of Wigenhale was overflowed with Salt water so that from old Lynne unto Magdalen bridge there were not left ten Rods of the â—aid Bank firm and whole to the extraordinary damage of all the Country How these breaches were made up I have not seen nor any thing else considerable touching these parts untill 39 Eliz. that there was complaint made at a Seâ—sion of Sewers then held at Beaupre Hall that in regard of the neglect of keeping the water in Rightforth lode within the Crests of the same the grounds on the North part of the said lode were in time of great inundations overflown which occasioned the Tenants thereof for avoiding of the water to cut the old Pow dike and to issue the said water into Marshland Fen to the great surrounding of the same and extraordinary losse to the Inhabitants and Commoners there It was therefore ordained and decreed by the said Commissioners that if any person or persons whatsoever should thenceforth attempt to cut the said Bank in any part thereof to the intent aforesaid or should lay any Pipe or Sluse for the waters to fall through the same other than such as were already laid should lose and forfeit to the said Queen her heirs and successors xxl. to be levyed of the Goods and Chatels of every such person upon every such default After this divers years there hapued a mighty tide upon the first day of April 1607. 5 Iac. which broke Catts banke and drowned Clenchwarton On the xvth of which month there was another Survey made of the before-specified New Pow dike together with an Agistment thereof by one Mr. Richard Atkins of Outwell which was performed very exactly by the Rod of xvi foot and an half of strict measure according to the number of perches charged upon every Town and began at the stone erected upon the said Bank neer Mullicourt corner by Saltham lake the number of perches from Mullicourt to Northdelf Close being there found to be CCCCxlix according to the large Hundred which perfectly agreed with the Books and Rolls of the Country From whence the repair of the said Bank on the South part and opposite to the said Northdelfe Close was assigned to the heirs of Sir Francis Gawdey Knight for the whole length thereof as antiently it had been And from that place it went on more towards the East from the East corner of the before-specified Close neer the Ditch unto a stone fixed nigh Salters lode which is the chardge belonging to Stow-Bardolf for those Lands called the Hundred Acres but this part was measured by the Rod of xvij foot and so accorded perfectly with the just number of perches antiently assigned to each Town of Marshland All which being done there were special Merestones set up by the said Richard Atkins which had peculiar names graved upon them by the consent of the Inhabitants and did distinguish the several proportions of the said Bank charged upon each Town And thence for the Hundred acres of Stow aforesaid unto the Ditch which compasseth the Tenement at Salters lode were xxiij perches and ten foot according to the said Rod. At which time it was agreed betwixt the Dyke-Reeves who were then in office that the proportion of the said Bank charged upon UUest Lynne should be transposed and agisted aswell above as below with Tilney and UUigenhale where the said Bank was more secure in regard that the Inhabitants of the said Town of Lynne had been found so negligent in repairing and maintaining their parts thereof And it was then also finally concluded betwixt the principal Guardians of the said Bank that this new survey assignation of parts should continue in force for ever and all formerly made in regard they were so confused to be utterly void The next year following on the xvith of August viz. 6 Iac. An. 1608 it was by a Law of Sewers decreed that a new Drayn or Lode should be made and maintained from the end of Chancelours lode unto Tylney Smethe on the South side of the Bank to the Fen-ward of the aforesaid antient Sewer which Drayn to be xij foot in bredth and four or five foot in depth Likewise that a Sluse or Gole should be made at the North end of Chancelour's lode to convey the waters of the Fen into the common Sewer And it was then also decreed that the Land-holders on the South side of Wisebeche should from that time forward â—ew and passe the water out of those their Lands lying on the said South side of Wisebeche between the River of Wisebeche on the North and Ingham field Halfpeny field and Spittâ—e field on the South and Gold banke on the West containing by estimation eleven hundred Acres of ground every year from the xxv of March untill the first of November by a Pipe of xviij inches square under the little River of Wisâ—beche at a place called New common into Enemeth field and so into Walsoken drayn and so to the Smethe
nor the Persians made use but held a guard there to keep off strangers Howbeit Alexander the great seeing the opportunity of place caused a City to be built there which bore his name the foundation whereof was laid with Brann instead of Chalk which was taken for a good omen Which City was seated as it were between two Seas having on the South the Lake Mareia or Mareotis But it had been an intolerable inconvenience to have dwelt in a dry Country so far from the River Nilus had not that discommodity been avoided by means of artificial Rivers Therefore that navigable Chanel was made from Canopus which became famous for the practise of Luxury Another navigable River was also made from the Haven on the Mid-land Sea to the said lake Mareotis This lake is filled from the River Nile by many Trenches as well from above that is out of the Lake Meris whereof I have spoken as on the sides of it by Trenches cut immediately from the Nile and having eight Islands in it containeth above an 150 furlongs in bredth and neer 300 in length being well inhabited round about and affording good Corn. By which Water-passages much more Commodities were brought to Alexandria than by Sea so as the Haven on the Lake side was richer than that on the Sea and more goods carryed from Alexandria to Italy than from Italy thither as plainly appeareth by the Vessels more or less fraughted which pass to and again from thence and from Puteoli Besides the wealth that is brought in at both Havens from the Lake and Sea the goodness of the air is not unworthy to be remembred it being occasioned by the water on both sides of the City and the seasonable rising of the River Nilus For whereas other Towns situate by Lakes have in the heat of Summer a gross and stifling air forasmuch as their banks being left muddy slimie exhalations are drawn up by the Sun which make the air unwholesome and occasion sicknesse here in the beginning of the Summer the Nile being full filleth the Lake leaving no part muddy to exhale any malignant vapour At which time the Etesian winds blow also from the North Sea so as the Alexandrians passe the Summer pleasantly And that the improvement made in Egypt by the drains and new Rivers after the building of Alexandria was very large appeareth by these following instances in several ages In the sacred Commentaries of the antient Priests there were numbred in Egypt Cities and Towns of note eighteen thousand Under Amasis the last King before the Persian Conquest there were twenty thousand Towns in Egypt inhabited And under Ptolomy the first above thirty thousand The Printed Copies of Diodorus have only 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 But that reading is faulty as appeareth by the preceding numbers and the testimony of Theocritus who was one of the seven Pleiades in the Court of Philadelphus the second Ptolomy in whose Territorie there were thirty three thousand three hundred thirty nine the improvement seeming then to be more compleat Howbeit in tract of time through great neglect these Trenches and Drayns by which the overflowing of the Nile so much inricht this Country were filled with mud But Augustus Caesar having reduced Egypt into the condition of a Province to the Roman Empire caused them to be scoured by his Souldiers which noble work did so much restore it to the fertility it formerly had and consequently increase the populousnesse thereof that the number of persons there inhabiting over and besides the Alexandrians were shortly after found to be no lesse than seven millions and five hundred thousand as the tribute mony paid by every head doth manifest And thus much for Egypt CAP. II. BABYLON I Am now come to that sometime famous City of Babylon situate in a low and flat Country Of which Sir Walter Rawleigh giving a reason why there is so little written of Belus who succeeded Nimrod the first Assyrian Monarch saith that it is thought he spent much of his time in disburthening the low Lands of Babylon and drying and making firm grounds of all those great Fens and over-flown Marshes which adjoyned to it How the parts hereabouts came thus to be surrounded let us hear what Pliny saith which is thus in effect The River Euphrates being cut into two parts stretcheth it's left arm into Mesopotamia by Seleucia the principal City in Syria and so into Tygris and it 's right arm to Babylon the chief City of Chaldea whence passing through the midst thereof it runneth into the Fens It is reported that this division of that River was made by Gobaris the Prefect lest otherwise by it's violent course it might have infested the City of Babylon but by the Assyrians it is called Naarmalcha which signifieth the Kingly River That the inundations from this River are occasioned upon the same reason as those of Nilus before spoken of we have not only the testimony of the before specified Author but of Strabo whose words are these Exundat enim Euphrates aestate sub ver incipiens c. Euphrates overfloweth in Summer beginning at the Spring time when the Snow in Armenia melteth so that the Fields must needs be overwhelmed with water◠unless that the flood be diverted by Trenches in such sort as they restrain the River Nilus in Egypt hereupon therefore is it that Chanels are digg'd c. That the Banks and Drains made by Belus did not fully accomplish that work of Drayning above mentioned or in case it did that after-ages through discontinuance of their repair were little the better for them appears by the relation of Herodotus who speaking of those two famous Queens of Babylon viz. Semiramis and Nitocris saith of Semiramis who reigned five ages before the other Haec per planitiem aggeres extruxit spectando dignos quum antehac flumen eam restagnare solitum id est She raised Banks throughout the whole Levell worthy of observation whereas before she did so it was wont to be drowned by the River And of Nitocris that being more active diligent than her Predecessour ante omnia Fluvium Euphratim c In the first place she diverted the stream of Euphrates into crooked Chanels which before ran in a straight course through the midst of the City levelling the Ditches above so that it might thrice flow into Arderica a certain village of Assyria and that those things which were conveyed by the Sea towards Babylon through the River Euphrates should thrice land at this village for three dayes together This she thus accomplisht And likewise upon the verge of the said River on each side she raised Banks for bignesse and height wonderful to behold Moreover far above the City and at some distance from the River she digg'd a Chanel for the Fen as deep as the water which was in bredth every way near three hundred and twenty furlongs And the
were come to that passe that it was esteemed a miracle they should ever have been so well inhabited At the same time I conjecture when the beds of the Rivers were scoured and the lands trenched was that great cut made through the midst of these Fens which served afterwards not so much for a Sewer as the more direct and easie passage of the Traveller For whereas the Appian way tracing the up-land turned Eastward and went in compasse about the Fensâ— This being drawn in a streight line crosses over more directly and meets the High-way again About three miles from Terracina saith Strabo as you go to Rome this canal abutteth on the Appian way and is replenished in many places with the Fennish and River waters The ordinary passage is in the night so as they who go aboard in the Evening land in the Morning and go on the rest of their journey in the Appian way They passe also in the day-time the Boats being towed with Mules Which water-passage is elegantly described by Horace where the company parting he mentioneth the two wayes from Forum Appii to Terracina the Appian and this by Boat This Landing-place next to Rome was in after-times known by the name of Forum Appii a small Town inhabited chiefly by Water-men and Victuallers but it is not evident whether it were formerly built when the Appian was first made or whether now upon this occasion it was erected for the convenience of them that here do take water named from the Road whereon it stands The use of this passage continued long after the restagnation of the Fens which were not again drayned til Trajan the Emperour performing the work which Iulius Caesar perhaps intended made a stone way through the Pomptin Fens building Inns thereon most magnificent Bridges for the conveyance of such waters as were on the upper part of the Fen In memory whereof a monumental stone was erected with this Inscription Copyed from the original at Terracina by that learned Gentleman Mr. Iohn Graves IMP. CAESAR DIVI NERVAE FILIVS NERVA TRAIANVS AVG. GERMANICVS DACICVS PONTIF MAX. TRIB POT XIIII IMP. VI. COS. V. PP XVIIII SILICE SVA PEGVNIA STRAVIT LIII This work of Trajans had no peculiar name but because it shortened the Appian way was esteemed part of it Yet about four hundred years after from the number of Mile-stones it was called Decennovium the reckoning being from Forum Appii ad Medias the lodging of Trajan reared on the way ix miles From thence to Terracina x more And the Canal or River so called because it was xix miles long After this Theodoricus King of Italy authorized one Decius to drayn Paludem Decennovii â— which he performed by cutting many Trenches that were not before this being the third and last time that these Marshes were laid dry and in memory thereof caused this Inscription to be set up Anxuri sive Terracinae in Caesarei templo DN GLORIOSISS ADQ. IN CLVTVS REX THE ODORICVS VICT. AC TRIF SEMPER AVG. BONO REIP. NATVS CVSTOS LIBERTATIS ET PROPAGATOR ROMANI NOMINIS DOMITOR GENTIVM DECENNOVII VIAE APPIAE ID EST A. TRIP VSQ TERRACENAM ITER AD. LOCA QUAE CONFLUENTIBUS AB UTRAQ PARTE PALUDUM PER. OMNES. RETRO-PRINCIPIVM INVNDAVERVNT VSVI. PVBLICO ET SECVRITATI VIANTIVM ADMIRANDA PROPITIO DEO FELICITATE RESTITVIT OPERI INIVNCTO NAVITER INSVDANTE ADQ. CLEMENTISSIMI PRINCIPIS FELICITER DESERVIENTE PRAECONIIS EX PROSAPIA DECIO RVM CAEC MAV BASILIO DECIO VC INL EXPF VRB. EXPPO EX CONS ORD PAT QVI AD PERPETUANDAM TANTI DOMINI GLORIAM PER. PLVRIMOS QVI. ANTE ERANT ALBEOS ..... ............................. DEDUCTA IN. MARE AQVA IGNOâ—AE ATAVIS ET NIMIS ANTIQVAE REDDI ....................... Sect. 2. Fossa Mariana This was made by the famous Marius who was seven times Consul neer unto one of the out-falls of the great River Rhodanus in that Fenny and Marish Countrey not far from Aries and issueth into the Sea Sect. 3. The Fenns about Placentia These being occasioned by the overflowings of the Po were drayned by Scaurus who caused navigable Trenches to be cut from them into Parma The like is still observable in the Territory of Ferrara which though a low ground and receiving the current of Po with other Rivers of Lombardy is yet secured by Banks and Works which hinder their inundations particularly by the help of the Rotto di Ficarollo and the Ramo di Polistella Sect. 4. Gallia Cis-Alpina This Country much aboundeth with Rivers especially that Territory belonging to the Venetians which lying flat and towards the Sea by the flowing of the Tides became a Fenny Marish But by the help of Trenches and Banks in such manner as was long before experimented in the lower Egypt some part thereof hath been drayned and made useful for tillage some navigable and some cut into Islands Sect. 5. Of the River Tiber. To restrain the exorbitant overflowings of this stream which was not a little choakt with dung and several old buildings that had fallen into it I find that Augustus Caesar bestowed some cost in the clearing and scouring of it And that after this through abundance of rain the low grounds about the City suffering much by great inundations thereof the remedy in preventing the like for the future was by the Emperour Tiberius committed to the care of Ateius Capito and L. Aruntius Whereupon it was by them discussed in the Senate Whether for the moderating the floods of this River the Streams and Lakes whereby it increased should be turned another way But to that proposal there were several objections made from sundry Cities and Colonies the Florentines desiring that the Clanis might not be put out of it's accustomed Chanel and turned into the River Arnus in regard much prejudice would thereby befall them In like manner did the Inhabitants of Terano argue affirming that if the River Nar should but cut into smaller streams the overflowings thereof would surround the most fruitful grounds of Italy Neither were those of Reate a City in Umbria silent who refused to stop the passage of the Lake Uelinus now called Lago de Terni into the said River Nar. The businesse therefore finding this opposition was let alone After which Nerva or Trajan attempted likewise by a Trench to prevent the fatal inundations of this River but without successe Sect. 6. The Fucine Lake Nor is it a little to be admired what labour and costs the Romans bestowed in endeavours of this kind it being testified of the Emperour Claudius that he imployed no lesse than thirty thousand men for the space of eleven years without intermission for drayning of the great Fucine Lake in Italy who digg'd for that purpose a Chanel of three miles in length whereof part was cut through a Mountain yet did not accomplish the work Which failingâ— no whit deterred posterity for making Father attempts therein
of the learned that Country now a fair and dry habitation hath been Sea almost as far as Tongerne CAP. IX HOLSTEIN IN Holsatia likewise about Dithmarsh and the tracts of Wilstar and Crempen consisting of Low grounds and subject to inundations Iohannes Adolphus Duke of Holstein beginning in the year MDCx by notable works within the compass of five years sâ—cured many thousand acres improved the lands above three hundred thousand Dollars which being effected he parcell'd them out by gift or sale unto his Subjects reserving out of every portion a Rent unto himself Tantum territorii subditis amicis cessit ea lege ut vel aggeribus cingatur vel ab aquis intestinis liberetur hinc quotannis celsitudinis suae aerario certus Canon pro quolibet demeto numeretur as the learned Schoneveldeus reporteth CAP. X. AMERICA NEither do we want examples of this nature in America For the City of Mexico being seated in a great Lake much subject to inundations which had almost destroyed it in the year MDCxxxiiii the Spaniards with mighty industry secured that habitation by turning the Lake and so laying the City dry CAP XI HAving now done with my observations of the most remarkable Bankings and Draynings in Forein parts which by way of Introduction I thought fit to be taken notice of I come to England that being the place of my farther designed discourse on this subject Wherein for my more orderly proceeding I do purpose to begin with Kent in respect of it's Eastern situation and in it first with Romney Marsh a spacious tract in that Country and more antiently secured from the inundations of the Ocean than any other part of this Realm as may seem by the Laws and Constitutions for regulating it's repair which have been long ago made the Rule and Standard whereunto all the other Marshes and Fenns in this Nation were to conform And in the next place to take a view of the other heretofore surrounded Marshes in that County aswel adjacent to the Thames as bordering on the Sea And having so done to ascend up the stream of that fair River on the South-side And then descending on the North side to observe what I have met with which is memorable in reference to any Marshes that lye on either Thence into Sussex Somersetshire Gloucestershire Yorkshire and Lincolnshire and lastly to that great Levell which extends it self no lesse than Lx. miles and into six Counties viz. Cambridge Huntindon Northampton Norfolk Suffolk and Lincolnshire wherewith I shall conclude this work How long since or by whom this fruitful and large tract containing no lesse than twenty four thousand Acres was won from the Sea there is no testimony left to us from any Record or Historian that ever I could discover Which defect doth strongly argue that the first gaining thereof was a work of the greater antiquity 'T is true that munire viam is a phrase used by Cicero for the paving a way or making a Causâ—y And some are of opinion that here the words paludibus emuniendis are to have the like signification and to be construed in making Causeys over the Fens But if it should as I cannot well admit it must be granted that before any pavement or Causeys could be made in such places the water was of necessity first to be taken and kept off by drayning and banking So that allowing that construction what I endeavour to prove will be well enough made good viz. that the bankings and draynings both here and in some other parts of this Realm which were before that time overflowed by Sea-tides was a work of the Romans as when I come to Holland in Lincolnshire and Marshland in Norfolk I purpose more fully to demonstrate And therefore forasmuch as the Romans when they were here in Britain did something in this kind as I shall make more evident in my discourse of Holland and Marshland before specified from undoubted testimonies I cannot but conclude that this Marsh was a part thereof in regard that not long after their desertion of this Country I find mention of it and that it was then inhabited For in the year of Christ DCCXCvi it is thus said of Ceolf King of Mercia viz. that Cantiam vastavit provinciam quae dicitur Mersâ—wari which no doubt is meant this Romney Marsh For the learned Cambden in his Britannia speaking of it saith that in the Saxons time the Inhabitants thereof were called 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 id est viri palustres Marshmen which accordeth fitly with the nature of this place There are who suppose that the name of it viz. Romeney doth declare sufficiently that it was at first won from the Sea by the Romans But Mr. Lambert saith that it was in the Saxons time written Rumen-ea id est the large watry place and since that Râ—menale and Romenale corruptly Consonant to which expression of his I find that the River pasâ—â—ng through this Marsh was antiently called Rumen ea For so it appeareth by that grant of Pleigmund the Archbishop made to Christs-Church in Canterbury about the year of Christ DCCCC in these words Concedo Ecclesiae Christi terram quae vocatur Wefing merse juxta flumen quod vocatur Rumen ea Having now by these circumstantial testimonies shewed that the Romans were they that by their skill and experience in such works of Banking and Drayning did first gain this rich and large tract of ground from the impetutuous Sea-tides I shall now descend to those Statutes and Ordinances which the care and wisdome of succeeding ages did make for the preservation and defence thereof from being again drowned and destroyed by the violent over-flowings of the Ocean That the Common Laws of England whereof we find no original were at first certain Constitutions made by some of the antient Kings and Rulers of this Nation there is none I presume that doubteth though there be no other authority for to back them than long usage and custome The like therefore I suppose were the Statutes and Ordinances for the conservation of this Marsh For albeit we are yet to learn when and by whom they were first framed and composed it is evident from the testimony of unquestionable Records that above four hundred years since they were called antiquas approbatas consuetudines i.e. antient and approved Customes For in 35 H. 3. the King directing his Writ to the Sheriff of Kent and thereby declaring that Complaint having been made to him on the behalf of the xxiiii Jurats made choice of for the conservation of the Marsh and Sea-Banks of Râ—menale importing that whereas in pursuance of their antient and approved Customes they had distrained those who ought of right to repair those Banks according to the proportion of their Tenements for the safeguard and defence of all the Country against the Sea And that he the said Shireeve had made Replevin of the same
said bank to take care of it's amendment In 34 H. 6. Sir Iohn Fortescu Knight then chief Justice of the Kings bench Iohn Fylolle Thomas Burgoyne Walter Grene Iohn Harpour Robert Tanfeld Will. Chadworth Thomas Cornwalys and Thomas Croxton were appointed Commissioners for the view and repair of the banks c. lying betwixt S. Katherines Mill before mentioned unto the Chapel called S. Marie Matfelone thence to the Church of S. Dunstans in Stepenhithe thence to the Church of S. Leonard in Bremley thence to the River of Leye thence to the Thames and so to the said Mill And to make Laws and Ordinances according to those of Romeney marsh The like Commission in 7 E. 4. had Thomas Abbot of Graces neer the Tower of London Thomas Urswyk Thomas Frowyk Esquire and others In 14 E. 4. Sir Thomas Urswyke Knight Iohn Elryngtone Thomas Frowyk Will. Essex and others were assigned to view and take order for the repair of all those banks c. lying betwixt the Tower of London and the Town of Stratford atte Bowe and to proceed therein by making Laws c. and otherwise according to the Laws and Customes of Romeney marsh In 20 E. 4. Thomas Bishop of London Edmund Abbot of Graces Will. Wirsley Dean of Pauls Sir Iohn Elryngton and Sir Thomas Frowyk Knights Richard Gardener and others had the like assignation for those betwixt the Town of Lymeostez and the wall called Black Wall So also in the same year had the said Thomas Edmund and William together with Henry Sharpe Dean of the free Chapel of S. Stephan within the Kings Palace at Westminster Iohn Harding Master of the Hospital of S. Thomas of Acon in the City of London Sir Iohn Elryngton Knight Sir Thomas Frowyk Knight Richard Gardner and others for all the banks upon the River of Thames and Leye betwixt the metes and bounds of the City of London and the bridge of Stratford atte Bowe on the North and West side of those Rivers and the Road-way which lyeth betwixt White Chapell parish and the Town of Stratford atte Bowe before-specified CAP. XVI Marshes in the Suburbs of LONDON AND that some places in the very Suburbs of the City of London it self have originally been Fenny and Moorish though now by no small industry and cost equalling the chiefest which were naturally otherwise is apparent from undoubted testimony Fitz Stephan who lived above five hundred years since speaking of that place now called Moore Fields saying thus Cum est congelata palus illa magna quae moenia urbis Aquilonalis alluit exeunt lusum super glaciem densae juvenum turmae c. When the great Fen which watereth the walls on the North side of the City is frozen multitudes of young people go to play upon the Ice Some taking a little room to run do set their feet a good distance and glide a great way Others sit upon thick pieces of Ice as big as Mill-stones and being drawn by many who hold hand in hand when the foot of one slippeth they all tumble down together But others more expert in sporting thereon fix bones under their heeles and taking a Pike-staff do shove themselves forward with so much force that they glide with no lesse swiftnesse than a Bird flyeth or an Arrow passeth out of a Bow This Fen saith Stow stretching from the wall of the City betwixt Bishops-gate and the Posterne called Cripple-gate to Finsbury and to Holy-well continued a waste and an unprofitable ground a long time so that the same was all letten for four Marks the year in the reign of King Edward the second But in the year MCCCCxv 3 H. 5. Thomas Fawconer Maior caused the wall to be broken towards the Moor and builded the Postern called Moore gate for ease of the Citizens to walk that way upon Causeys to Iseldâ—n and Hoxton Moreover he caused the Ditches of the City and other the Ditches from Shores-ditch to Deepe Ditch by Bethlem into the Moore ditch to be newly cast and clensed by means whereof the said Fen or Moor was greatly drained and dryed And in the year MDxij Roger Atchley Maior caused divers Dikes to be cast and made to drain the waters of the said Moore fields with bridges arched over them and the grounds about to be levelled whereby the said field was made somwhat more commodious but yet it stood ful of noysome waters Whereupon in the year MDxxvij Sir Thomas Seymour Maior caused divers Sluces to be made to convey the said waters over the Town ditch into the course of Walbrooke and so into the Thames and by these degrees was this Fen or Moore at length made main and hard ground which before being overgrown with Flaggs Sedges and Rushes served to no use Nor was the ground in Fleetstreete and thereabouts long since much better than a Marish for the same Author saith that in the year MDXCv he observed that when the Labourers had broken up the pavement against Chancery lane end up towards S. Dunstan's Church and had digged four foot deep they found another pavement of hard stone more sufficient than the first and therefore harder to be broken under which were in the made-ground piles of Timber driven very thick and almost close together the same being as black as cole and many of them rotten And now to manifest that not only the Law but the usual practice is where disobedience or neglect hath been found in those as be chardgable with the maintenance of any Banks or Sewers made for the common defence of such Marshes as are in danger of surrounding that coercion is to be exercised for the performance thereof I shall here exhibit the testimony of a Decree made in a Session of Sewers held at Ilford in Essex 19º Aprilis Aº 1639. which reciting an Ordinance made in the like Session at Ilford before-specified for raising the summ of seventeen hundred and six pounds for repairing a breach in the Banks or Marsh-wall of Bromley marsh in this County whereby ninety four Acres of land were surrounded and the neglect of certain persons therein named to pay their proportion thereof which were assessed upon them a Lease for xli years was made of several parcels of ground belonging to those so neglecting unto others at the Rent of one pepper corn yearly CAP. XVII HAving now done with the Marshes in Middlesex I come to those in Essex which Counties are divided by the River of Lye antiently called Luye Of this River it is memorable that the Danes in the year of Christ 894. and 23 of King Alfred's reign sayled up it with their Ships and built a Castle on the Bank thereof about xx miles from London Neer which the Londoners giving them battail and having the better of the day put them to flight so that they were constrained to flye to that Hold whereof the King having notice he caused this River to be cut into three branches to
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
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
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
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
S. Guthlake being awake in the night time betwixt his hours of prayer as he was accustomed of a sudden he discerned all his Cell to be full of black troops of unclean Spirits which crept in under the Dore as also at chinks and holes and coming both oâ—t of the Sky and from the earth filled the Ayr as it were with dark Clouds In their looks they were cruell and of form terrible having great heads long necks lean faces pale countenances ill-favoured beards rough ears wrinkled foreheads fierce eyes stinking mouths teeth like Horses spitting fire out of their throats crooked jaws broad lips loud voices burnt hair great cheeks high breasts rugged thighs bunched knees bended leggs swolen ankles preposterous feet open mouths and hoarse cries who with such mighty shrikes were heard to roar that they filled almost the whole distance from heaven with their bellowing noyses And by and by rushing into the house first bound the holy maâ— then drew him out of his Cell and cast him over head and ears into the dirty Fen and having so done carryed him through the most rough and troublesome parts thereof drawing him amongst â—rambles and briers for the tearing of his limbs CAP. XXXIX FRom Crouland I come to Ely an Island situate in the main body of this Fen concerning which I have met with sundry memorable passages that do notably set forth the vastnesse and depth of the waters which did environ it many years since whereof I shall give instance as they hapned in order of time That this Island was made choice of for a place of voluntary retirement by those who out of great piety forsaking the vanities of this transiâ—ory world beâ—ook themselves wholly to the service of God in devout prayers frequent watchings and strict abstinence I need not go about to manifest in particulars it being so clear a truth evidenced unto us from all antiquity that such persons did sever themselves in the like kind from the world to the end that they might with the lesse disturbance apply themselves to those religious and holy duties S. Hierom in his Epistle to Rusticus telling us Praecipui inventores cultores Monachatus fuerunt filii Prophetarum in veteri teâ—â—amento qui aedificabant casulas propè fluenta Jordanis turbis urbibus derelictis polenta herbis agrestibus victitabant That the principal beginners and lovers of a Monastique life were the Sons of the Prophets in the old Testament who left the towns and conversation with people to the end that they might feed upon coarse bread and herbs of the field and built themselves Cotages neer the stream of the River of Jordan And though this was a special reason why these pious Votaries first seâ—led in this Island as a place of so great retirment and solitude yet was there another viz. the conveniency of Fish that being the chief part of their food for after the Rule of S. Benedict became to be taken notice of in the Christian world which forbad the eating of flesh to any of those Monks it had so high an esteem that not only all the Monasteries then in being in this Realm did with great reverence entertain it but such as were erected for divers ages afterwards were of no other order As to the erection of this I shall only give a brief touch with the occasion in regard it was in so great veneration whilst it stood by reason of the sanctity of S. Audrey the first foundresse thereof to whose shrine not a few resorted for the many miracles there wrought as was then not only with much confidence affirmed but undoubtedly believed Etheldreda vulgarly called Audrey daughter to Anna King of the East-Angles being through the perswasion of her Father marryed to Tombert a Prince of the Southern Gyrvii or Fen-men had this Isle of Ely given her in dower by her said husband unto whichâ— after his death she retired a pure Virgin notwithstanding she was his wife almost three years And affecting the place both in respect of the difficulty of accesse to it as also that it was in the nature of a Wildernesse severed from the pleasures of the world she there setled her self taking to her company certain persons with whom she had contracted friendship for Religions sake But so it hapned that about five years from the beginning of such her retirement Egfrid K. of Northumberland being highly enflamed with her beauty through the power of her friendsâ— obtained her for his wife Howbeit after she had been wedded about xij years she resolved no longer to deâ—er the doing of that which she had set her heart upon and without any free leave of her said husband as a Queen and a Virgin she repaired to the Monastery in Coldingham in Scotland where Ebba her husbands Aunt was then Abbesse and there was veiled a Nunn by Bishop Wilfrid where for the space of one whole year she learnd that the yoke of Christ was pleasant and his burden easie But then K. Egfrid desiring to have her again as his wife endeavoured to take her out of the said Religious house and to that end forthwith went thither whereof the Abbesse having notice presently advised her to hasten thence and to make no stay till she came to her own habitation at Ely Whereupon she departed much lamenting and sorrowing and accompanied with two holy Virgins vizâ— Selbeâ—na and Selbera ascended a great Hill neer Colburthesheved at which time it pleased God to send such a rain that King Egfrid who pursued her could not have accesse thereto in any place for the watâ—rs where they continued without either meat or drink in prayer for the spâ—ce of seven days till the King without hope of getting to her returned with much amazement and went to Yorke After which he could never endure S. Wilfride but long harbouring reâ—enge towards him did at length deprive him of his Bishoprick But these Nuns still continued on the top of that Rock where almost fainting for lack of water Ebba the venerable Abbesse above-mentioned advised Audrey that she should pray devoutly unto God that he who supplyed his people in the Wildernesse from the Rock would vouchsafe water unto them in this their great necessity VVhereupon she pouring out her prayers unto God with much fervency there immediately gushed out a clear Spring which not only satisfied their thirst at that time but ever since hath been of such virtue that infirm people drinking of it have thereby received health To which Miracles my Author addeth one more viz. that the footsteps of this holy Virgin are still to be seen on the side of this Hill both as she ascended and descended from it in as perfect a manner as if she had trodden upon soft wax After this Saint Audrey for so mine Author now calls her taking with her the two maids before-mentioned went thence and passing the River Humbre landed at Wintringham in Lincolnshire about ten furlongs from which Town they came to
this Isle and kept guards about the waters near to the land hoping to take him cunningly without any slaughter of his own men But Hereward being aware thereof as also that some of those guards had encountred with part of his souldiers and pursued them he came in to their aid and by taking some of them discovering that the said Earl had set these ambushes for him and likewise that he was on the morrow to be at Hoherhed he hastned thither with his ships and placing some armed souldiers near the bank of the River went himself with three Horsmen and fouâ— Archers well armed unto the mouth thereof where the Earl himself with his men was then also come on the other side and seeing them sent some of his party nearer who enquiring whether they belong'd to Hereward and finding that they didâ— endeavoured to perswade them to forsake himâ— but prevailing not they returned to the Earl and told him that Hereward himself was on the other side of the water Whereupon the said Earl animated his souldiers to swim over with him presently and revenge his brothers death But they told him that it was not possible so to do saying that his coming thither was purposely thus to delude them whereupon the Earl sighing said to them on the other side of the water Oh that I had that Devilish fellow your Master here I would certainly torment him to death To which words of his Hereward replyed If we should happen to be so fortunate as to meet alone in any fit place you would not wish me in your feeble hands nor like well of my company and having so said stooping a little he bent his Bow and letting fâ—ye an Arrow hit the Earl on the breast but his Coat of mail would not suffer it to enter neverthelesse it came with such a force that it struck him off his Horse so that his servants took him up for dead in their arms In the mean while Hereward went away and came with his company into the Isle the same day where he was received with great honour by the Abbot and his Monks as also by those noble persons that were there viz. Edwine Earl of Leicester and Morkere his brother Earl of Warwick and other eminent men of the Country who having been much oppressed by the said Conquerour fled thither Whereof the King hearing and being much inraged thereat he resolved to get the Isle by assault and to that end caused a rendezvous of his whole Army at Alrehede neer which place there is a military rampire yet to be seen where the Fen was four furlongs in bredth and having brought store of wood stone and fagots of all kinds with a multitude of Trees and great pieces of timber fastned them together underneath with Cow-hides and to the end that they might the better passe over them they stript off the skins of beasts and filled them with wind like bladders which being done there were so many that pressed on to get over being greedy of the gold silver whereof they supposed store to be in the Isle that they that went formost were drowned with their Bridge and those in the midst became swallowed up in the depth of the Fenn but of those that were hindmost a few throwing away their weapons made a shift by the mud to escape Nevertheless multitudes perished in this adventure whose bodies were long after found putrified in their Harnesse and dragg'd out from the bottome of the water but one onely man whose name was Beda getting into the Isle The King therefore beholding this lamentable disaster and much grieving thereat departed thence with those few which he had left without any hope to conquer it placing guards of soldiers about it to prevent those within from wasting the Country In the mean time the said Beda being taken and brought before the chief persons that were in the Isle and asked why he so boldly adventured himself told them that the King did promise that whosoever should first enter and do some notable exploit there to the danger of those that defended it let him ask what he would of any mans therein and he should obtain it which when they heard they commended his valour and kept him there with them for certain days using him with great respect Having therefore had this experience of their civilities and observed how secure the place was by reason of the fortifications there made as also the number and valour of the souldiers therein he professed that as he had often heard them reputed to be persons more expert in warr than others he now found it to be true and faithfully promised them upon liberty to go back to the King's camp that he would there relate as much which he accordingly did all being joyful to see him safe returnedâ— even the King himself for he was one of his most eminent souldiers unto whom he related the strength of the Isle and his own adventure and that those Earls before-mentioned were there with two noble men viz. Orgar and Thirchitell surnamed Childe but extolled Hereward not only beyond them all comparing him with the most famous Knights which he had seen through France the whole Roman Empire or Constantinople At which story the Earl Warren took no small offence not enduring to hear such a commendation of him that had slain his brother as hath been observed and suggested the King that the relator was bribed to make so partial a report But the King going on in making more enquiry of his particular observations there had this farther account from him That the Monks of this place â—earing to be subject to a soreiner in regard the King had designed to bring over such out of France to be chief in all Monasteries and Churches of England did entertain those persons there for their defence and thereupon fortified the said Isle affirming that they were much more willing to live by the labour of their hands than to be reduced to such a servitude And that the same Isle was not then at all burthened by those forcesâ— For quoth he they matter not the siege the Husbandman not neglecting his Plow nor the Hunter his sports neither doth the Fowler cease from his imployment concluding that they were securely dâ—fended by their own Souldiery Nay I shall tell you more saith he both what I know and saw This Isle it extraordinary fruitfull in all sorts of grasse there being no place in England that hath a more fertile turf Moreover it is compassed about with huge waters and Fenns as it were with a strong wall and aboundeth not only with domestique Cattell but with a multitude of wild beasts viz. Harts Does Goats and Hares both in the woods and neer the Fens as also Ermines Pole-Cats Weesels and the like Vermine which are taken with traps and other Engins in the winter time And of Fish and foul which there breed what shall I say At the Floud-gates upon the skirts of those waters what
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
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
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
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
pasturage for their Cattel took advantage of a false rumour then spread of King Henry the second 's death it being the xxxv and last year of his Reign and he then beyond Sea and bearing themselves not a little on their strength and wealth thought that they might oppresse the poor Monks of Crouland without any controul Whereupon Gerard de Bamvill Fulke d'Oiri Thomas de Multon the elder and Conan son of Helyas who were much displeased with the said Monks of Crouland for other respects associating to themselves Richard de Flet and Walter with many others came to Nicholas then Prior of Spalding and moved him to be their Leader and to augment the number all the chief men of Ellow Wapentake some few excepted conspiring with them sometimes had their meetings in the Prior of Spalding's Barn at UUestone and sometimes in the Church at Holbeche When therefore the Abbot of Crouland according to Custome kept up his Marshes as every year he had used to do about Rogation week and to the end that his Hay might have the better growth caused Proclamation to be made upon the Bridge at Spalding that the men of Holand and others should keep their Cattel from coming thereinto they not only refused so to do but drove in many more than they had formerly done Whereupon the Abbots servants impounding them the men of Holand grew very angry and having set a day viz. the Feast of Nereus and Achilleius they then came into the said Marsh of Crouland all armed as it had been to battail to the number of above three thousand Whereof the Abbot having notice he forthwith accompanied with a few of his own Family met them at the Bank called Asendic which is the boundary of Crouland Fen and earnestly intreated peace with them for he feared that they had a purpose to destroy the Abby and to that end were so come together But they answered him scornfully and passing through the midst of the Fen shared it among themselves according to the situation of their Towns And having so done pitched Tents and made huts on every side the Abby wherein they placed guards of armed men to keep each part thereof And likewise digg'd turf cut down a great part of the wood and Aldergroves of Crouland and burnt them depastured their Meadows and carryed away the Hay with divers other violences by the space of xv days the Abbot and Monks with their servants being all this while shut up so that they durst scarce go out of their Church dores In this lamentable condition therefore they resolved to make complaint to the Kings Justices and to that end dispatch'd a messenger to Geffrey Fitz Piers then dwelling at Clive in Northamptonshire who hearing of these great outrages sent six Knights from Northampton to be better informed thereof Which Knights coming first on the East side of the Abby there found the Tent of Sutton men who were Tenants to Geffrey de Canvill and had all sorts of weapons with them and said that they were there by their Masters command So likewise did all the rest answer the Tent of Spalding men being the last But the Abbot himself being most sensible of these high oppressions got out privately and made all the haste he could to London where he represented to Hubert Walter substitute to Ranulph de Glanvill the Kings Chief Justice then beyond Sea with the King and to his fellow Judges these great injuries and abuses shewing them the Kings Charter which setteth forth the bounds of those their Fens VVho thereupon much compassionating the said Abbot and his Monks sent forthwith in the Kings name to the said Geffrey fitz Piers and required him that he should call before him the Prior of Spalding and all those men of Holand and to do the said Abbot right upon them whereof these Riotors hearing they presently burnt their Cabbins and went to their own homes At the summons therefore of the before-mentioned Geffrey fitz Piers the said Prior of Spalding and the other Delinquents met him at Deping to which place the said Geffrey brought many eminent persons with him upon the Friday in Whitson Week where the Abbot of Crouland chardged them with the breach of the Kings Peace and all the violence and wrong before-specified There were likewise seven particular men who stood up and on the said Abbots behalf laid to the chardge of seven of the principal offenders that each of them had damnified the Abbot to the value of xx Marks Whereupon some of them were sent to Prison to Northampton some to Rokingham and some to other places The particulars touching this sute for it lasted five years would be too much trouble to rehearse but at length the Abbot prevailed and recovered the possession of those Marshes the businesse being determined in the year MCXCxiij 5 R. 1. But though this sute had then an end the Prior of Spalding renewed his former claim yet in the end they came to an amicable agreement by a Fine levyed betwixt them in 18 H. 3. whereby it was concluded that neither the one nor the other should impound any Cattel of them the said Abbot and Prior or their Tenants of Crowland Spalding Pinchber Langtoft Baston and Deping depasturing within the Fens of the said towns nor take in any strangers Cattel into those Fens About this time Will. de Albinci a great man in these parts challenged right of Common in divers of these Fens Whereupon by a fine levyed at Lincolne in 24 H. 3. betwixt the then Abbot of Crouland and Prior of Spalding and the said William it was determined that he the said William and his Heirs should have Common of Pasture for all manner of Cattel belonging to himself and all his Tenants of Uffington Caswike and Tallington in the Fens of Crouland Spalding Pinchbec Langtoft and Baston In ..... H. 3. there was a Presentment exhibited to the Justices Itinerant at Lincolne by the Jurors for the Wapentake of Ellowe setting forth that there was two courses of water in the common River of Croyland the one nearer and the other more remote And that the nearer current was the right Chanell and of sufficient depth wherein they that did go with Barges and Boats might well passe too and fro but that the Abbot of Croyland had by planting willows thereon so obstructed straitghned the said course of that stream that Boats and Barges could not passe as formerly they had But it was afterwards adjudged both by the said Jurors and likewise by the Justices Itinerants for this County who passed that way to view the same that the current of the said water was much more proper and commodious in the place where then it went than there where the Jurors presented the default to be provided that it might continue as wide and deep as it then was and that it might be straight and not bending as the old one was and therefore they concluded and ordered that it
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
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
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
on one side the great River of the same Town i viz. upon the Southwest part was one and the same and that all the Land-holders on that side thereof were equally preserved and that the safeguard thereof likewise on the other side to the North-east was also all one And that the Causey called Old fen diche was made and repaired by the Parishioners and Tenants of S. Mary S. Peters and S. Germans of Wigenhale and not by the Parishioners of S. Mary Magdalens And it was likewise found that aswell the said Causey of Old fen diche as all other Causeys and Banks of the whole Town of Wigenhale of what kind soever as the Lands and Tenements of all and singular the Tenants of the said Town were preserved by the said banks from inundation and drowning by the Salt waters and that the repair of those Banks tended to the Commodity of the said Tenants of all that Town forasmuch as whilst the said Banks and Ditches were repaired the making and maintaining of those Causeys was no chardge at all And moreover it appeared that by the view of the said Thomas and his associates and by that Inquisition that those Banks which were good at the time of the Agistment made by the before-specified Will. de Carleton were then bad and that many places which were at that time better than ordinary were then by reason of the ebbing and flowing of the Sea much worse Whereupon the said Thomas and his associates thought fit to make a new Agistment for the common safeguard of the said Town of Wigenhale and therefore ordered that the Land-holders there should make good their Banks and Ditches on that side of the said River After this in another Session of the said Thomas de Ingaldesthorpe and William Bataile held at Tirington upon Monday next after the Feast of S. Valentine in the seventeeth year of the said King Edward 2. the Jurors of Wigenhale did ordain and say that it was necessary for the safeguard of the Inhabitants and Land-holders of that Town as often as any distresses should be made upon any persons for the proportion assessed upon them according to what they held or upon the Collectors or Receivers of the moneys so assessed that after the impounding of them by the space of three days or delivery by Replevin they should be prized by honest and lawfull men of the said Town in the presence of the Guardians of the Banks and by the said Guardians exposed to sale and the money received upon such sale â—o be imployed upon the affairs of the Commonalty And that the surplusage of such money over and above the just proportion thus assessed to be restored to the party so distrained Saving to the Guardians of those Banks and their Bedels Bylaw Byscot Triscot and Wopenys according to the Custome of those parts But as the expence in such a constant support of these Banks Ditches Bridges Sluses and Sewers within this Province was great considering the frequent assaults which the Sea in tempestuous seasons did make upon the one side thereof and the fresh waters of so spacious a Fen agitated by boysterous winds and storms especially in the time of extraordinary flouds on the other so for those respects was the regard not small For whereas the whole Hundred of Frethebrigge in this Shire considering the chardges whereunto it lay subject in supporting works of this kind by reason of the like perils had time out of mind in all publick payments whatsoever relating to the whole County enjoyed the exemption from any more than a xij part thereof the Towns of this Province viz. Walsokne Westwalton Walpole Tiringtone Tilney Wigenhale and South Lenne were rated but at a third part of that xij as is evident from the â—aid Kings Precept bearing date 16 March in the xviij year of his reign directed to Constantine de Mortimer William Bernak Roger de Kerdestone and Geffrey de Wyche then Commissioners for the levying and arraying a thousand fourty Foot-Souldiers within this County for his service By which Precept it appears that the certain chardge whereunto this Province stood then exposed was no lesse than a thousand and fifâ—y pounds per annum a vast summe in those days and that within the compasse of xl years before through the raging of the Sea no lesse than seven hundred Acres of land in this Country were utterly lost In 2 E. 3. Thomas de Reppes Richard de Depham and Thomas Shilling were constituted Commissioners for the view and repair of the Banks Ditches and Sewers lying betwixt Wygenhale Tirington and Lenne Episcopi Whereupon the Shireeve had command to summon a Jury to attend them at Islington upon Monday being the Feast day of the Decollation of S. Iohn Baptist Who appearing accordingly presented upon their Oaths that all the Lands and Tenements Common of Pasture and Fishings Gutters Sewers Bridges c. lying on the Sea-coast betwixt Wigenhale Tirington and Lenne Episcopi were within the Towns of Tylney and Islington which is a Hamlet of Tilney and did common together and betwixt which there was no metes or bounds the Parishes being limited by Fees so that they said that the defence of the whole Town of Tiâ—ney and Islington aswell on the South side of Fendiche as on the North towards the Sea was all one And that all the Land-holders of that whole Town were equally secured and defended by all the Sea banks and banks of the River and Fen invironing the said Town of Tilney and Islington And likewise that of necessity there ought to be a new Agistment made and an assignation of banks in the parts aforesaid And moreover that it would be necessary for the preservation of those parts that there should be kays anâ— six shores made betwixt Palmerys old 〈◊〉 gong and the Lands of Sir Iohn de Iâ—â—aldesthorpe at the charge of all the Landholders in those parts And tâ—at every Inhabitant in those parts should do Men werkes according to the number of Acres which they held And that from year to year according to anâ—ient custom there should be câ—osen three Guardians for the safeguard of those parts And that all the Gutters and Sewers should be maintained in common at the charge of all the Landholders there excepting Islington brigge and the house of Robert de Middilton which is done at the charges of Iohn de Engaldesthorpe and the heirs of Sir Robert de Scales and excepting Black diche brigge at Tilney Stow towards the Fen which is done at the charges of the Inhabitants of Walsokne and Emneth But the men of Ilsington who held Lands in the fields called Westfeld Harpe and Sibille were much unsatisfied with what was done by the before specified Commissioners and thereupon informed the King that though they ought not to repair a certain bank called Lesse diche of Tilney or any part of the same nor ever had wont to do and that they neither had Lands
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
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
from the place called West head unto Welle Town so far as it hath been of late accustomed viz in height six foot above Bardolf Fenne and in bredth at the foundation xxx foot and in bredth on the highest part thereof xv foot 2. That no man take or dyke any menure within viij foot of the South part of the same Pow diche And on the North part of the same no menure to be taken within C. foot from the foot of the same Pow diche 3. That the same Powdiche be made by every particular Township whole and Common by Acre silver and not otherwise and the same to be done by every Township by Whitsunday then next coming or Midsomer at the farthest in pain of every Township xll. to be levyed to the use of the said King and Queens Majesty And that every particular Town do sufficiently Clay their particular charge on the fore-part thereof in thicknesse with Clay one foot and an half and on the top thereof one foot 4. And for the better preservation of the same Powdiche they did in like manner ordain that there should be re-edified upon the said Powdiche three Houses that is to say one at North hooke gate another between Walpole and Tirington gate upon the Bank and Powdiche and the third at Welle gate the charges to be levyed upon the whole Townships of Marshland and Town of Wigenhall by Acre silver 5. That if any man were then indited or thereafter should be indited vexed or molested for any cause touching the defence maintenance or preservation of the same Country and Town of UUigenhale then they and every of them to be defended and saved harmlesse by the said Country and Town of UUigenhale all so far as the Law will serve and permit 6. That the Broken dyke be sufficiently made maintained and repaired from time to time as it hath been in times past that year and other years thenceforth by the said Country of Marshland 7. That a view be made at Emneth by the chief Inhabitants of the Country where there might be newly made and re-edified within the Levell and Rinde thereof a new Dyke for the defence of the water if Broken dyke be broke which view to be at Sandy rood upon the Friday following by eight of the Clock And on the tenth day of the same month of April it was farther concluded by the consent of the said chief Inhabitants and Town of Wigenhale that the said Dyke called Broken dyke should be made maintained and kept from time to time by and at the costs charges and expences of the whole Country of Marshland as afore-time had been accustomed And that a new Dyke be made from Myll dam unto Peter Sanderson's house and so by the high way directly about unto a certain place called Suffield gate in such height thicknesse and bredth as Thomas Guybon Iohn Reppes William Hunston and Thomas Karvill Esquire Richard Baker alias Ladde Richard Nichols Henry Hunston and Thomas Hewar Gentleman or the more part of them with the advice of the workmen should think meet and convenient After this viz. in 8 Eliz. there were other Ordinances made touching the Banks Ditches and Sewers in these parts the substance whereof are as followeth viz. 1 That Rightforth lode from West-head or North hooke Westward being but 8 foot wide ought to made xij foot in bredth by Edmund Beaupre Esquire And so every person c. to make his or their part of the same widenesse from the said Edm. Beaupre VVestwards and so to Stowbridge 2 That the brinks of the great River from Stowbridge unto Common load be made in the upper part 8 foot in bredth between the Houses Hedges and VValls of the VVest part of Ouse 3 That Common lode lying on the South side of Stowbridge houses be made of the widenesse of xij foot and 4 foot deep with such a Sluse as Rightforth lode hath at Sâ—owbridge to be done c. at the charge of the Inhabitants of Dounham Wimbotesham and Stow-Bardolf for that it is their Drayn c. 4 That upon the stopping of Newlode lying between Common lode and Downhambridg the said lode called Common lode or Downham lode was made 5 That the gole betwixt Dounham bridg and Salters lode to be made xij foot wide and 4 foot deep and to extend into the Fen from the said Sluce a mile and more and scoured by the Inhabitants of Dounham 6 That the brinks on the VVest side of Ouse from Common lode to Dounham brigg be made xij foot broad in the bottom and 8 foot on the top and one foot higher than the highest water mark to be done by the Inhabitants of Stow-Bardolf UUymbotesham and Downham 7 That Edm. Beaupre Esquire and other the Land-holders in great Powdichfield and Whart medows have a Sluse at UUelle Clouses at the North head of Whartmedow and so to drayn through the midst of Marshland fenne 8 That the brinks of Ouse from Dounham bridge to Salters lode be made xij foot broad in the bottom and 8 foot at the top as also one foot higher than the highest water mark 9 That the new Powdiche from Salters lode to North delph be made xviij foot broad in the bottom xij foot at the top and â—ive foot in height from the plain ground And from North delph to Mullicourt â— of the same bredth at the top and bottom and six foot in height from the plain ground All which to be done and kept by the Inhabitants of Marshland the Town of Wigenhall the Land-holders of the hundred Acres within Stow Bardolf called the Lords hedding and the Land-holders of the decayed Tenement sometimes Bexwell's at North delph 10. And that from the East corner of Mullycourt unto Mullycourt drove it be made of the like bredth at the bottom and top by the Dean of Ely and six foot in height as abovesaid VVhich said Powdiche from Mullycourt droves end tendeth VVestwards unto the Bridge at the East end of Outwell Church and thence Northwest unto Boxstedstile which is the farthest bound of Outwell towards Emneth and is the division betwixt the half Hundred of Clakclose and the Hundred of Freebridge The which Bank or Causey ought to be made and kept by the Inhabitants of the Town of Outwell for their lands lying in Mullycourt field Sondy field and Powdich field 11. That the River of Welle called Welle Ee coming from the Bridge at the East end of Outwell Church and running Eastward till it come opposite to Saltham lake thence South East unto North delf thence Eastward to Salters lode to be made xxvij foot wide in the bottom and xl foot at the top from the said Bridge at Outwell Church to Mullycourt droves end by the Inhabitants of Outwell and from thence of the same widenesse by the Dean of Ely to Saltham lake and from thence to Salters lode of the like bredth by the Inhabitants of Marshland and Town of UUigenhall 12 That at the end of
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
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
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
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
they also said that by reason thereof the Marshes of Burgh fen North fen Talnholt fen as also the Lands Meadows and Pastures adjacent to those Fens were overflowed and drowned when any floud of waters hapned in regard that the said waters could not pass as they formerly had done so that the Lords of those Fens with their Tenants as also the Commoners in them did lose the profit unto them belonging to the damage of the said King and the Inhabitants of those parts fifty Marks per annum Upon all which Verdicts the said Adam de Fincham then the King's Attorney was appointed to wait for judgment therein And on the morrow after the Feast of S. Iohn Bapt. next after the said xv of the holy Trinity the King sent his special Precept to the said Geffrey and his fellow Justices whereby reciting what had passed he commanded them to proceed to judgment therein according to the Verdicts aforesaid which Precept beareth date the third day of Iuly in the year above-mentioned Whereupon they gave this following Sentence viz. that whereas by the Jurors for the County of Norfolk it was found that the before-specified Dam was made at Outwell by the sad Walter de Langeton and that Robert Peverell his Brother and Heir as also Edmund Son and Heir to the said Robert did at some times repair the same and that this obstruction was to the damage of the King and the said Inhabitants of Norfolk CCl. per annum And whereas it was likewise found by the Jurors for the Counties of Cambridge Huntendon Lincolne and Northampton that the lands of Thorney fen Ramsey fen and other were so drowned aforesaid they decreed that the said Dam so raised to the hurt of the said King and nusance of all the persons before-mentionedâ— and whatsoever else was of nusance in this behalf should be taken away Whereupon the Shireeve of Norfolk had command to pull it down And in like sort the Shireeves for the Counties of Cambridge Huntendon Lincolne and Northampton were required to make the like Proclamation within their respective Liberties viz. that all persons concerned therein should be at Outwell aforesaid to aid the said Shirâ—eve of Norfolk in pulling down of the said Dam. After this about five years scil in 10 E. 3. Iohn de Shardlowe Simon de Drayton Iohn de Colvill and Iohn Claver were appointed to enquire touching the decay in the Sea-banks and Sewers in these parts about Wisebeche Tyd S. Giles Elme Leveryngton and Neuton with the parts adjacent and to take speedy order for their repair And in 12 E. 3. the King being informed that the Banks Ditches and Sewers about Wysebeche Elme and Welle were broken and out of repair issued a Commission unto Mr. Iohn de Hildesley Chancellour of his Exchequerâ— Richard de Bayeux Iohn de Wilton Iohn de Stoken and Will. Neuport to enquire thereof and through whose default they became so ruinous and who were Land-holders thereabouts or had safeguard by the said Banks and to distrain them for their repair according to the proportion of their Lands By virtue of which Commission the persons above-mentioned did intend to stop the River of Nene running to a certain Fishing called Livermere lying in the Town of Welle and belonging to the Abbot of S. Edmundsbury but were hindred from so doing After this the next year following the said King receiving advertisement from the Inhabitants of the before-specified Towns of Elme Welle and Wisebeche on the South side of Wisebeche that though it had been found by an Inquisition taken before the above mentioned Commissioners that the ordinary and chief safeguard for the said Towns of Elme Welle and Wisebeche on the South part of the River of Wisebeche would be by a Causey to be made at Gongested lake unto the Crike and thence unto Marche dyke and that the Crike should be wholly stopt up and that the said Towns could not be preserved unlesse that were done and moreover that though the said Inhabitants had often requested those Commissioners that forasmuch as the said Causey and stop being made would much redound to the common benefit of the same Towns they would cause them to be done and that at that time nothing was neverthelesse performed therein he required them that in case it were so they would forthwith call such persons before them as they should think fit to make use of therein and to proceed in effecting the same according to the tenor of his Commission Whereupon a Jury being summoned to attend them upon the Saturday next after Mochaelmass day and there sworn did say upon their Oaths that the common and principal safeguard for the whole Town of Elme Welle and Wisebeche on the South side of Wisebeche would be by making of a Causey from Gongested lake to the Crike and from the Crike to Marche diche and that the said Crike should be utterly stopt up as also that the saidâ— Causey ought to be xvi foot in bredth and four foot in height and all these things to be done at the charge of the Land-holders of Elme Welle and Wisebeche on the South side as aforesaid from Mermaunde unto the house of Iohn de Vernon and they ordained that for the performance thereof every acre of Land in Elme Welle and Wisebeche within the Precincts before-specified should be agisted at iid. and more if need required But afterwards at a Session of Sewers held at Wisebeche by the same Justices came the free-holders of Tyd Neuton Leverington and Wisebeche on the North part of the River of Wise and alleged that the obstruction of that Crike ought not to be permitted because if it should be made the water running through that Chanel called the Crike would so rise increase and stand upon the Fen-bank of Wisebeche and Leverington as that the Tenants of those Towns viz. Wisebeche and Leverington could not be able to maintain them but their said Banks would be broken and their Lands totally drowned and lost whereby more damage by half would happen to those Towns than benefit to the Towns of Elme Welle and Wisebeche on the South side VVhereunto the said Tenants of Elme and Welle answered that the water of Crike had then so swift a course by Welle unto the River of Wigenhale that though the said Crike were stop't as was contained in the before-specified Ordinance the water running by the same Crike would never turn towards Wisebeche nor do any hurt And they farther said that the Crike where the water then ran was the proper and several soil of the Bishop of Ely which Bishop might lawfully at his pleasure stop the same Whereupon came the Abbot of S. Edmundsberry by his Attorney and claimed a certain fishing in the said water of Crike of the gift of Canutus sometime King of England and brought a Precept from the King directed to the said Commissioners reciting a confirmation made to the said Abby by the before-specified King Canutus and other
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
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
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
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
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-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
Ramesiae super lite motâ— de terminis in Marisco statuendis De quo marisco hoc mirum nostris accidit temporibus ut ubi quondam annis antiquissimis quorum non extat memoria loca invia ac inaccessibilia ubi nullus hominum vel pecudum gressus fuit vel habitatio sed carecta luta profunda arundineta palustria solis avibus nedum dicam Daemonibus inhabitata prout legitur in vitâ beati Guthlaci qui ibidem utpote in loco horroris vastae solitudinis coepit habitare nunc in prata delectabilia ac etiam terram arabilem convertuntur quae ibidem pars segetem vel foena non produciâ— gladiolum cespites alia ignis pabula cohabitantibus utilia germinando abundanter subministrat unde lis gravis contentio de terminis locorum talium terrarum inter eos qui ab initio mariscum inhabitabant exorta lites praelia suscitabat c. In the year MCCLvi 40. H. 3. William Bishop of Ely and Hugh Abbot of Ramsey came to an Agreement upon a controversy betwixt them touching the bounds of their Fens whereof in these our times a wonder hapned for whereas as antiently time out of mind they were neither accessible for man or beast affâ—rding only deep mud with sedge and Reeds and possest by birds yea much more by Devils as appeareth in the life of S. Guthlac who finding it a place of horror and great solitude began to inhabit there is now changed into delightfull meadows and arable ground and what thereof doth not produce Corn or Hay doth abundantly bring forth sedge turf and other fuell very usefull to the borderers which occasioned much dispute and contention betwixt them that were the most antient Inhabitants in those parts nay quarrells and fighting touching the bounds of such fruitfull lands For so it hapned that on the Feast day of S. Peter ad vincula two of the Canons of the Priory of the holy Trinity in London disputing thereof grew to such high words as contracted an implacable hatred betwixt them so that studying a revenge the one took an opportunity to murther the other In what manner and by whom these Fens were then so drayned I find not but it could not be without the cleering of those antient out-falls of the several Rivers which both before and since did overflow the whole Levell leaving therefore the discovery thereof to a farther scrutiny I shall briefly point at such Commissions as I have found tending to the improvement of them by Banks and Sewers after that time which being not many are all involved with those of other places in this County as by these instances will appear viz. In 51. E. 3. to Iohn Cavendish Will. de Thorpe Iohn Colevill and others for those in Ely Dounham Litelport Hadenham Sutton Chateryz Dudington March Marchford Wytleseye Elme Welle Wysbeche Leverington Neuton and Tyd S. Giles and elswhere within the Isle of Ely In 1 R. 2. to Iohn Cavendishe Will. de Thorpe Iohn Colvill Martin Everard Iohn Holt Will. de Petteworth Thomas Pynchebek and Thomas de Welle In 3 R. 2. to Sir Roger de Skales Sir Philip le Despenser Knights Iohn de Cavendish Rob. Bealknap and others for all the Banks Sewers c. in the before-specified places by which Commission they were appointed to make agistments for the safeguard of those parts by the number of Acres or Perches to be new surveyed as often as need should require and to constitute trusty and diligent Dike-Reeves for the same purpose The like Commission in 6 R. 2. had the same Sir Roger with Sir Rob. Bealknap Knight Sir Philip Spenser Sir Will. Skipwith and others So also in 15 R. 2. had Will. Thirnyng Thomas Pynchebek Sir Iohn Colvylle Sir Reginald Hakebeche Sir Iohn de Wilton and Sir Will. de Flete Knights Iohn de Markham Will. Gascoigne and Thomas de Welle with directions to proceed therein according to the Law and Customes of this Realm And in 8 H. 5. Thomas de Skeltone Iohn Colevile Iohn de Rochefort Laurence Everard Rob. Tirwhit Iohn Bernard Nich. Morys Will. Foulbourne and Robert Brydde had the like as also to view the several Causeys betwixt Ely and Saham Ely and Litleport and Hadenham and Wynelingham then broken and decayed and to take order for their repair doing all things therein according to the Law and Custome of this Realm CHAP. L. WEst and by North Ely lyeth Thorney an Island also containing about three hundred Acres of ground and compassed with spacious Fens wherein as in Ely Crouland and several other places for the respects instanced in the .... Câ—apâ— Adelwold Bishop of Winchester in the year of Christ DCCCCLxxii K. Edgar then Reigning founded a goodly Monastery for Benedictine Monkes What these Fens were for depth and bredth during the space of divers ages before the late general drayning it is no hard matter to guess the Moore totally contracted by a long stagnation of the fresh waters sufficiently demonstrating the same which is found for the most part ten foot deep throughout all this side of the Country but more antiently it was otherwise as Will. of Malmesbury an authentique Historian living about five hundred years since affirmeth Who having first spoken of the Isle of Ely and then coming to this of Thorney saith thus Thorneia ulterior scripto contractior spacio sed Prior laudum titulo Paradysi simulachrum quòd amoenitate jam Coelos ipsos imaginetur in ipsis paludibus arborum ferax quae enodi proceritate luctantur ad sydera aequorea planities herbarum viridantibus comis oculos advocat c. id est Thorney though last mentioned and less in Circuit hath the Priority in fame represented a very Paradise for that in pleasure and delight it resembleth Heaven it self the very Marshes abounding with Trees whose length without Knots do emulate the Starrs The plain there is as Level as the Sea which with the flourishing of the grass allureth the Eye and so smooth that there is nothing to hinder him that runs through it Neither is there any wast place in it for in some parts thereof there are Appletrees in other Vines which either spread upon the ground or are raised up with poles A mutual strife there is betwixt Nature and Art so that what the one produceth not the other supplies What shall I say of the Beautifull Buildings which t is so wonderfull to see the ground amidst those Fens to bear From which testimony no lesse can be inferred but that then this skirt of the Level was not at all drowned and therefore that the out-falls to the Sea were at that time cleer and open which argueth a greater care in the people inhabiting this flat Country in those days than hath been for several ages since Not were the parts towards Peterborough then lesse free from that annoyance as may seem from what I have received
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
in bredth two and a half This County of Huntendon being then a Forest the Regardors did in 34 E. 1. by virtue of the King's Precept make this following Presentment at the new Temple in London viz. that the Tenants of the Abbot of Ramsey in the Town of Ramsey the Tenants of the Abbot of Thorney in Wytlesheye and the Tenants of the Prior of Ely in Wytlysheye had wasted all the Fen of Kyngesdelfe of the Alders Hassocks and Rushes estimated at a thousand Acres so that the King's Deer could not have harbour there as they had before that perambulation Likewise that the Towns of Stangrund and Farsheved had wasted the fen of Farsheved of the Alders and Rushes estimated at an hundred Acres Also that the Abbot of Thorney had made a Purpresture in the said King's Forest within Farsheved fen and inclosed the same with a double Ditch on the side towards Farsheved which contained in length two miles by estimation and two furlongs in bredth And likewise that the said Abbot had raised a new Bank without the Town of Iakele containing one mile in length against the assize of the Forest. And that Iohn le Wode of Iakele came with the men of Wytlysheye into the Fen of Kynggesdelfe and set fire therein which burnt in length and bredth about four miles by estimation which caused great loss to the King in his Harts Hinds and Goats And likewise that the men of Benewyk had destroyed a certain place in Kyngesdelf of the Alders and Rushes called Hertyngges containing a mile in length and bredth And they likewise then presented that the Banleu of Ramsey began at Humberdale and so went on to Wystowe lowe by the middle of the Town of Wystowe and so to Ranelestone and thence to Ranelesnoge thence to Obmere-bote thence to Scaldemere thence to Ayxschebeche thence to the Newe lode which leadeth betwixt Middilmore and Kynggesdelfe thence to Beaurepeyre thence to Tyrmerekote thence to Pollyngsecote thence to Caldemowchache thence to Goldepyttelade and thence to Homberdale The division betwixt this Forest and the Bishop of Ely his free Chase of Somersham began at the great River scil at the three Willowes and thence extended to Fentone lode thence to the new Bank thence to Fentone Crosse thence to the Mill at Wardeboys thence to Pydelemare thence to Pydele dam thence to Iny mede thence to Kollangeleye thence to the Hanger of Bluntesham and thence to the great River CHAP. LII THis being the last of those six Counties into which the great Level as hath been observed extendeth containeth no more than a narrow skirt of those fens at the utmost point whereof that sometime great and famous Abby of Medeshamstede since called Peterborough was for the like advantages already taken notice of in Thorney and some others first founded by Peada King of the Mercians about the year of Christ DCL and soon after amply endowed by King Wolpherus his Brother and Successor in the government As to its situation and the more exact description of the fens belonging thereto I shall exhibit what Robert de Swasham sometime a Monk of that House saith Burch verò in regione Gyrviorum est fundatus c. Burch is founded in the Country of the Gyrvii for there beginneth the Fen on the East side thereof which reacheth Lx. miles or more in length Which Fen is of no small benefit to the bordering people for there they have wood and other fewell for the fire and Hay for fodder as also Reed for thatching of their Houses with many other necessaries There are likewise divers Rivers Waters and great Meeres for fishing the Country abounding in such things in the best part whereof Burch is seated having on the one side of it the Fen and River and on the other upland ground with Woods Meadows and many Pastures which do render it most beautifull on every part having a meet access to it by land except towards the East on which side without Boats there is no comming to it On the South side of it runneth the River Nene c. And these are the limits of the possessions Pooles Fenns Lakes Fishings Lands c. which King Wolphere gave thereto that the Monks therein placed might freely serve Godâ— viz. from Medeshamstede to Norburch and thence to a place called Folies thence directly through the main Fen to Esendic and from Esendic to the place which they call Fethermute thence directy to Cuggedic ten miles distant thence to Raggewiâ—c five miles to the principal stream which goeth to Elme and Wisebeche and thence for the space of three miles up the said principal stream to Trochenholt thence directly through the vast Fen to Derevorde in length xx miles thence to Grecescros thence by a fair current called Beadan Ea six miles to Paccelode and so through the midst of many Lakes and spacious Fens in Huntendonshire together with the Pooles and Lakes called Scelfremere and Witlesmere and several others to them belonging as also with the Lands and Houses which do ly on the South side of Scelfremere and all within the Fen to Medeshamstede and thence to Welmesford and so to Clive and Estune and from Estune to Stanforde and thence as the River runneth to Norburch before-specified But touching the improvements made here by Banking and Drayning I find little in particular till of late time whereof I shall speak anon this being the utmost Corner towards the high land which the fresh waters for want of a cleer and perfect evacuation overflowed the Banks and Sewers conducing to the exsiccation thereof having been cut from the River Nene through Cambridgshire towards their most antient and natural out-fall at Wisebeche CHAP. LIII Observations upon the Commissions and Statutes of Sewers Having now done with those particular endeavours of Banking and Drayning within the precinct of the Great Level in order to the bettering that surrounded part of the Country I come lastly to speak of that eminent and signal undertaking viz. the general winning thereof by Banks and Sewers a work certainly of no less honour to the first Adventurers therein than beneficial to the present and future Age. But before I begin therewith it will be proper I conceive by way of preparation thereto to make some short observation upon the antient Commissions and most notable Statutes of Sewers And first touching the Commissions the antiquity and extent whereof do sufficiently appear in the precedent discourse I shall briefly note First that the King ratione dignitatis suae Regiae ad providendum salvationi Regni sui circumquaque fuit astrictus c. for those are the words therein was by the prerogative of his Crown obliged to see and foresee to the safety of his Realm Secondly that by virtue of them the Commissioners might enforce the neglecters of their duty by distress of their goods and likewise fine and imprison the dissobeyers of their Orders as appeareth by those words viz. ad
all the way over Sutton fen By Ee fen Many fen and Westmore to Wellney turf ground all red Moor. And likewise to Cotehirne nigh Franks dike end So till within Lx Rods where at â—ive foot it is mixt silt and at the water side Clay The like for 60 to 80 Rods over Welln Ee green and after right over to Mayd lode at the head of Mr. Skipwiths ground all vile Moor by the whole Tract After this viz. upon the 22 of April next following the Lords of the Kings Majesties most honourable Privy Council by their Letters to the before-specified Commissioners desired them to endeavour to satisfie all such persons as having no respect to the general good which was like to come to this Drayning should oppose it or use means to others so to do or otherwise to enjoyn them to attend the said Council And whereas some of the Commissioners intending the advantage to some particular parts of the Country doubting the success of the general work had made an Order touching that of Clows Crosse only the said Lords by this Letter did command them not to proceed therein till it should be discerned what success the general undertaking would have Upon receipt of which Letters the said Commissioners meeting at Huntendon the xixth of May ensuing made this return to that honourable Board viz. that after long debate and all objections heard they concluded with one consent that this work of Drayning was fesible and without any perill to any Haven or County and not only so but that they did reckon it the most noble work for the said Lords to further and most beneficial to the Countries interessed to have good by that ever was taken in hand of that kind in those dayes referring more particular relations concerning it to the before-mentioned Mr. Hunt and Mr. Totnall â— the Bearers of those Letters The Commissioners names subscribed thereto being there viz. Oliver Cromwell Robert Bevyll Iohn Cutts Iohn Cotton Robert Wingfield Robert Cotton Simeon Steward Richard Coxe Henry Spelman Anthony Forest. Thomas Lambert Robert Cromwell Anthony Ireby Thomas Ogle Christopher Hudson William Styrmyn Iohn Fyncham William Marshall Whereupon there was a particular view of the whole Level begun on the xxith of Iune next following by Sir Robert Bevill Sir Robert Wingfield Sir Iohn Gamlyn Sir Richard Coxe and Sir Anthony Forest Knights Christopher Hodson and Matthew Robinson Esquires and thus certified as followeth First we repaired to the out-fall to the Sea at the meeting of the two Rivers of Weland and Glen where we found the said out-fall reasonable good Thence to Cowhyrne and Pikebridg and so to Spalding bridg in all which passage we found the River very defective in bredth and depth and from Cowhyrn to Spalding bridge a great Bank lying on either side the River From Spalding bridg to Willow row end by Cubbet and Peakell to White house the River all along being defective as abovesaid having a great elbow by Cubbet and Peakell which much hindreth its course to the out-fall From White house to Crowland and by the Cross in the Ea to Waldram Hall the like defects of bredth and depth appearing as afore-said From Peterborough bridg to the Old Ea and Catts-water which antient Sewer is so grown up with earth and weeds as that it serveth neither for passage with Boats nor Drayning and so hath been of long time which ought and had wont to be for the ordinary passage to and from Spalding and other places in Holland to Peterburrow Thence to Stanground steafe where we found the River sufficient for bredth and depth Thence to Guy hirne in all which passage we found wonderfull defects in bredth and depth From thence to Wisbeche and so to the Sea in all which passage we found the like defects From thence by Elme River to Frydaybridge and so by Bishops dike to Lakebridge thence to Shrewes-nest by Welle River where we took Boat perceiving at Shrewes-nest that the Rivâ—r of Nene which cometh from the Mares hath but six miles to Salters lode to pass by Welle but by reason of the quarring of the said Chanel a great part thereof runneth from Shrewes-nest to Salters lode by Welleney Litleport Chair and Sotherey ferrey c. which is 28 miles and that the River through Welle cannot be conveniently amended To remedy which Mr. Hunt desired that a new River of 80 foot wide and 8 foot deep be made from Marche River at the Ham cross Marmound c. through Netemore to fall into Welle River neer London lode Between Shrewesnest and Forweare we found a place called the Ham not above two foot deep About 4 miles from Shrewes nest is Elme leame which is a Sewer going from Marche River to Fryday bridge through Elme River to Wisbeche which Sewer is landed up Thence we came to March leame about a mile and half short of March bridge which is much decayed to the great hindrance of navigation from St. Ives to Wisbeche and for the Drayning of all the grounds betwixt Chateriz ferrey and March River And at March bridge on either side we found divers Gravels which do stop the course of the River Thence to Great-Crosse 3 miles above March bridg and so through Ramsey Ugge and Witlesey meres Thence to Farset bridg about xvij foot broad Thence c. to Peterborow From Peterborow to Yaxley lode Thence to Ramsey lode along the skirt of the Upland Thence to Erith brigg where Mr. Hunt disireth a new River from the first corner of the West water beneath the said Bridg to begin in Midlemore Fen neer to the Severals and so to go line right unto Wellenhey-River nigh Sprall were and thence line right to the fall into Ouse at the end of Mayde lode or at some apt place between that and Salters lode which River or Rivers to contain in bredth 120 foot and in depth 8 foot And for preservation of the Navigation to and from St. Ives to Cambridge and Linne as also to Wisbeche he thinks it necessary that divers other Sluses be made viz. one in the Ouse neer the Hermitage one in the West water neer to the new River to stop the water from running to Benwick and for Navigation drayning of Huntingdon fen grounds between it and the Upland grounds and other necessary uses and so many Sluses at the ends as the said River shall be divided into parts which he thinketh to make into 3 Rivers of xl foot a piece Thence we came to Over Aldrich-Causey Haddenham Grunty fen and so to Ely In Ely town we observed that the water was but 14 Inches deep and upon the Hards 18 Inches and in some places 2 foot Thence we passed by water to Sotherey and Prick-willow where Mildenhall River falleth into Ouse And between Ely and Littleport Chair we observed that the said River of Ouse was so crooked that the making a new River from Erith bridg through Sutton
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-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-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-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-West-water Sutton lode and Oxwillow lode 20700 Sutton Fens on the South of Sutton lode between the west-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
Up-were on the West Wickynhie grounds on the South and of Soham East 4297 The Fens and low grounds between Grant from Upwere to Clay hithe and Horningsey high grounds on the West the way from Quoy to Eambridge and Quoy and Bottesham high grounds on the Southâ— the two Swafhams Reach Burwell Lanward and Fordham on the East and of Soham and Wickin North 11950 The Fens between the high grounds of Teversham and Hinton West of Fulburne South of great and little Wilbram East of Bottesham and Quoy North 1240 Between Grant from Harrymere to Ditton on the East of Ouse from Harrymere to Aldrich bridg on the North Hempsall Yram and the high grounds of Rampton West and the high grounds of Cottenham and Denney Abby South 9480 Hempsall and Ireham East of Aldrich Causey 823 The low grounds from St. Ives to Erith bridge on the South the Fens of Willingham and Over on the East the high grounds of Swasey Drayton and Stanton on the South and the high grounds of St. Ives West 3529 The low grounds below St. Ives on the North side of Ouse between the said River on the South and East and the high land of Bluntesham Hallywell and St. Ives on the North and West 1871 The total sum 307242 Acres Whereupon the said Commissioners sitting at Wisebeche aforesaid upon the day and year aforesaid the Lord Chief-Justice Popham being then and there present made certain Laws and Ordinances the extract whereof is as followeth Ordered first that Sir Iohn Popham Knight Lord Chief Justice of England Sir Thomas Fleming Knight Chief Baron of the Exchequer Sir William Rumney Knight Alderman of London and Iohn Eldred Citizen and Cloth-worker of London their heirs and assigns shall within the space of 7 years next coming at their own proper costs and charges drayn all the Fens and surrounded grounds between the old course of the River of Ouse as it now runneth from Erith bridg to Salters lode and Deping and within the land Eas hereafter mentioned And convey the said River of Ouse or the greatest part thereof from some place at or neer Erith bridg aforesaid unto such place between Salters lode and Mayden lode as the said Undertakers c. shall think meet Which conveyance to be made between the bottom of the two uttermost Banks 30 pole at the least and the Rivers to be 30 foot wide and 8 foot deep And the same utmost Banks to be each of them 30 foot wide at the bottome and 7 foot in height at the least and if that height will not do to carry away the water c. then to raise them higher That the like passage be made at the entrance of the Fens neer Peterborough for the conveyance of the River Nene from thence to Wisbeche And so likewise for the River of Weland from its entrance into the Fens at Waldram Hall untill it meet with Glen That Land-Eas from Erith to Stanground and thence to Waldram hall be made to defend the grounds within them and between the said new passage of Ouse and Weland from the Land flouds falling from the Upland-Countreys which Land eas to be from the utmost part of the Fence dike 6 pole at least That a drayn be made from Salters lode unto the Ham in March River to carry away the water which shall fall into the same Land eas c. That a new Bank be made from Erith bridg to Ely to defend the grounds between that and the same new passages from the overflowing of Ouse As also other necessary Sluses and Drayns within the precincts before-mentioned with Bridges c. for passage c. That the Undertakers shall have such sums of money as the Commissioners at their Session shall think fit from those persons who shall take benefit by this drayning and not contribute part of their Lands towards the charge thereof That the Undertakers shall allow for the drayn at Clows Crosse in ease of this charge to the Countrey That a Navigable Sluse be made at Salters lode And that Well-Creeke shall be inlarged and diked to London lode and thence through Neatmore to Wadingstowe and thence over the River of Wellenhee as directly as may be unto or above the Ham in March River And a Sluse with a bridg to be made at Wadingstow to keep so much of the River Neene as shall be needfull in its old course through both the Towns of Welle In recompence of which performance the said Undertakers to have one hundred and thirty thousand Acres of statute measure of Fen grounds at fivescore to the hundred to be taken out of the worst sort of every particular Fen proportionably by the Commissioners before the Feast of the Annunciation of our Lady next coming the whole number of surrounded Acres being 307242. And that the Undertakers their heirs c. shall enjoy all the said waters Fishings and Banks of and within the Rivers with the Indikes and Land-Eas and liberty to take sufficient menure for the repairing of the said Banks c. which Rivers Banks Indikes c. to be accounted parcell of the said 130000 Acres so assigned to them And that the said Undertakers shall make good all drowned parcells out of their own proportions or in value in case the drayning be not made perfect to the Land-owners Of which quick dispatch his Majesty being advertised he wrote to them again from Theobalds upon the xxiiith of the same Month of Iuly by which Letters he commended their endeavours in the work and progress made therein and taking notice of some opposition which had been made by certain people thereto not knowing out of what spirit it proceeded desired them to take special care to suppress the spreading of all false rumours that might give distast to the Countrey touching their proceedings therein and with those who were then imployed by his Majesty in that service as also to examine the grounds of all such rumors and to punish the Offenders giving advertisement to his Majesty and the Councel of any mutinous speeches which might be raised concerning this business so generally intended for the publick good Shortly after this viz. upon Monday Aug. 5th Mr. Hunt Ric. Atkyns and others laid out the ground where the River through Neatmore should go by a straight line to Mumbes dikes end but misliking the way on Tuesday they veiwed New ditch and in the Northeast end thereof by the Pow dich laid out the Ditch to be led line-right from thence to the Cross at Upwell Towns end And upon Wednesday about 8 of the Clock the work began in the presence of Mr. Hunt who cast the first spit the wrong way Mr. Helon Mr. Totnall Mr. Hamon Mr. Iohn Fyncham Mr. Richard Atkyns and others And was prosecuted so well as that upon the xxith of December following being the Feast day of S. Thomas the Apostle the Bank at the Cross at Upwell towns end was opened and the River
suffred to run as also a Bridge presently laid over But on the xvth of March next ensuing there hapned so great a storm that it brake the Banks of this new River and drowned Neatmore with the severals adjoining So that on the xxi of the same Month of March they were constrained to stop the River at Upwell Towns end again Not long after this there was a Petition exhibited to the King by the Inhabitants of divers fen-towns without the I le of Ely in the Counties of Suff. and Cambridg humbly desiring that whereas a most laudable work of drayning the Fens c. was then recommended to the high Court of Parliament and that divers Towns lying on the skirts of those Fens would have no benefit thereby in regard their lands were very seldome surrounded they therefore might be excluded out of the intended Act of Parliament whereby a proportion of the said Fen grounds was to be allowed to the undertakers in the drayning for the supporting of their charge therein Whereupon the Lords of the Councel by their Letters dated at White-Hall upon the xxxi of August in the fourth year of the said K. Iames his Reign reciting what had been signified formerly by them as to the fecibleness of the before-specified Drayning and that the Lord Chief Justice Popham was present at the Session of Sewers held at Cambridge and gave notice to the Country that his Majesties pleasure was so far to further the same as to men of understanding might appear to be to the general good of his people as also that there was a Law then made for the said Drayning And moreover that at another Session held at Wysbeche order was taken for the drawing of a Law to be presented to the Parliament for confirmation thereof But that some persons not well understanding the state of the cause complained to his Majesty of great losses and hindrances which they were like to sustain in case the said Act should proceed and therefore desired the said Commissioners to examine the true Causes of those Complaints and to represent to them the true state of the Fens with the difference between the last years profit and that present year In answer whereunto the said Commissioners made this return to the said Lords of the Councel viz. that they did meet at Cambridge on the 22. of October 1606. for the Examination of the Petition formerly mentioned and that they found few reasons to fortify it but such as were or might be provided for in the intended Bill all persons with whom they had treated having acknowledged that the want of drayning was an inestimable hurt to those Fenny Countries And that whereas an objection had been made of much prejudice that might redound to the poor by such drayning they had information by persons of good credit that in several places of recovered grounds within the Isle of Ely c. such as before that time had lived upon Almes having no help but by fishing and fowling and such poor means out of the Common Fens while they lay drowned were since come to good and supportable Estates The Chief Contents of the Bill handled in Parliament Anno 4. Regis Jacobi touching this general Drayning The limitation of time allowed to Sir Iohn Popam Knight Lord Chief Justice and the rest of the Adventurers for accomplishing the work was to be ten years after the end of that Session of Parliament The particular Cutts and Drayns c. to be made by the Undertakers were as followeth 1. A New River with a Bank and In-dike from the Upland neer Peykirke between Weland and Burrow Bank unto or neer Heddike Corner and thence to Crouland water head and there to place a Sluse and so to great Porsand Bank with a Dam over the River to the said Bank to keep in Weland from overflowing 2. To amend the Leame from Peterborough to Guyhirne and to cut a new River and Bank on either side of the said Leame with Indikes for preserving of the Banks the North Bank to begin from Burrow little Fen Bank where six of the Commissioners shall think fit 3. To enlarge the River from Guy hirne to Wisebeche and so to the four Gotes 4. To make a sufficient passage for the River of Ouse from Erith to Salters lode either by enlarging its Chanel or embanking c. And to make two new Rivers to begin about Erith brigg and so to go by Sprall's were to Mayd lode and so through Denver fen into Ouse about Denver hithe with sufficient Banks and Indikes c. and Sluses at the upper end of the new Rivers and West water in such sort as the Navigation in old Ouse and Grant may not be impaired 5. To imbank in all needfull places Grant Mildenhall Brandon and Stoke Rivers viz. Grant from a Corner below Clayhithe ferrey Mildenhall and Brandon Rivers from their entrance into the Fens or from some other more convenient places And Stoke River from Stoke Causey unto the places where they fall into Ouse and to enlarge them where need is with Banks and Indikes c. as six of the Commissioners should think fit 6. And to make new Rivers Banks Indikes c. where need is c. yielding to the owners of the Lands such recompence as any six of the said Commissioners should think meet As also Bridges passages Sluses and Land Eas. 7. That they may take in water to maintain fishing so as the same be kept within Banks and be not hurtfull to the adjoyning Fens 8. To make Ferryes and Ferrey houses where need is 9. That for this performance the Undertakers c. to have in severalty 112000. Acres Statute measure by the small hundred by assignation of the Commissioners 10. That where there is sufficient waste to answer the Undertakers and leave sufficient for the Commoners the Land owners not to be impeached in their severals 11. That the Commissioners do respect both quantity and quality in their opportioning 12. That such opportioning be made before Michaellmass A. 1007. if they may 13. That of Waltersey the Undertakers to have 2. full parts of 3. to be set out as aforesaid 14. That the Undertakers shall have the soil waters and fishing of all the new Rivers so to be made with the Banks Indikes c. 15. That they shall begin to take their profits as they finish their draynings 16. That if any of the grounds shall be again overflowen recompence to be made to the parties damnified out of the 112000. Acres to be assessed by any six Justices of the Peace whereof 2. of the Quorum where such surrounding shall happen 17. That all grounds adjoyning to these Fens which are bettered by the Drayning shall contribute towards the charge of the Undertakers as any six or more of the Commissioners shall think meet 18. That all Mannors Wastes and Common shall have metes and boundaries set to them by the said Commissioners where the bounds are
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
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
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-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
in from them Whereupon the business being heard at large there ensued this following Order upon the ixth of April the King himself being present and likewise the Commissioners viz. That the Undertakers should on Tuesday following exhibit in writing what it was that they promised to effect and to specifie what they would demand as a recompence for their labours c. Which accordingly was done the Propositions of the Undertakers delivered in unto the Commissioners being as followeth viz. 1. That they did intent really to perfom the work of drayning of the Fens without any tax upon the Country excepting the deep Meers and Pools c. which were under the Levell 2. That when the work should be done they would assure competent Land for ever to stand lyable for ever to maintain and repair the same 3. To effect this Drayning within 3 years after a perfect Contract made with his Majesty for such lands as should be a competent recompence for their costs and pains and the same Land set out by Metes and bounds in severalty and sufficiently assured to them their Heirs and Assigns for ever c. 4. That in order to this work they would open the out-falls of Nene and UUeland and make those Rivers navigable as high as Wisbeche and Spalding 5. And lastly not to forget to preserve the Navigation between Cambridg and Lynne In recompense whereof they demanded these proportions in the several Fens hereafter expressed viz. 1. Of Buâ—rough great Fen one third part 2. Burrough little Fen Eye-Fen and Flag Fen. a sixth part 3. Crowland Fen 3 pieces a fourth part 4. Thorney fenns a half part 5. Wisbeche high Fen Sutton and Throcknall a third part 6. Fens on both sides of March River between Darcey lode on the South and Needham fen North 2 third parts 7. Wittlesey fens 1 half part 8. Stanground 1 fift part 9. Ramsey fens 1 half part 10. Huntingdon Fenns on the West of Ramsey by the River of Nene on the North up to Yaxley and the skirts on the South and VVest one half part 11. Huntingdon Fens from Eryth bridge up to Ramsey by the west-West-water and the River of Nene East and North one third part 12. Donington Fens in Common one half part 13. Donington Fens in several one sixt part 14. Fens between the west-West-water VVest Sutton lode in the Isle of Ely and Coveney drain South Oxwillow lode East Coxlode and Chateriz lode North together with Chateriz Fens on the other side to Donington one third part 15. Hunney fen one tenth part 16. Sutton and Hadenham fens one eighth part 17. Grunty fen one third part 18. A Fen by Sutton lode and Coveney between Dounham Hards one fourth part 19. Downham Wode fen and other Fens of Ely between Litleport grounds and the Ouse Elie-uplands and Scarlet tree lode one half part 20. Litleport Fens on both sides the Ouse one third part 21. Other Fens between Darcy lode North Welney river East one third part 22. Fens in Upwell and Outwell one half part 23. Fens between Welney-river and Welney Causey one half part 24. The Hale and Mr. Hawe's fen one half part 25. Fens on the North of Stoke River to the great River between Helgay and Stoke one fourth part 26. Fens between Stoke River North and Brandon River South one fourth part 27. Fens between Brandon River North and Mildnall River South and Litleport Fens West one third part 28. Fens between Mildnall River and the great River up to Harrymere and the Uplands of Isseham Fordham and Soham one fourth part 29. Soham Fens by Wicking hards on the South one sixt part 30. Fens between Wicking hards on the South Homyng fen Quye and the River of Grant West one fourth part 31. Fens on the South of Quoy compassing of Fulberne field one fourth part 32. Fens between the River of Grant East and the Hards of Milterne UUaterbeche and Denny Abby West and so extending West between the River of Ouse on the North and the hard land South up to S. Ives bridge and a part on the other side of Ouse between Erith and S. Ives one eighth part of the better one fourth part of the worse 33. Fens or drowned Lands on the North side of Wisbeche 2 third parts The Answer of the Commissioners to these Propositions That they had no power to take away any mans land without his voluntary assent And that the authority which they had by their Commission to which they were strictly bound was only to rate the charge of every particular man towards any such general work according to the profit which every such person should receive by the same And forasmuch as 't was impossible to be discerned before the work were finished who should have profit thereby or how much they could not legally procure any such assurance before hand But if the Vndertakers would be constant to their Propositions which themselves had before that time at divers Sesions of Sewers published viz. that they required no other recompence for their intended work than a moity only of the cleer profit which by their sole industry and charge they should bring unto each particular owner of these surrounded grounds more than formerly was received they should be ready as at the first to give the said Vndertakers all lawfull furtherance and assistance Provided that before they begun their work they gave security that they would not impair the Navigation in the Rivers of Ouse and Grant Vpon which terms if the Vndertakers did refuse to proceed the said Commissioners offered to do the work themselves according to the antient course and legal power of their Commission VVhereupon ensued this Order of the Lords of the Council by reference from the King made upon this Answer of the Commissioners bearing date at White Hall 12 Iulii An. 1620. 18 Iac. 1. That according to an offer then made on the part of the Country good security should be given to the Undertakers for a moity of the cleer profits which by the drayning should be improved upon every man's ground above the rate that then the same was valued at and that the security should be partly from the Owners and partly in case of Common by aid of the Commissioners with this Condition that the lands and parts of each County should be rated by the Commissioners of the said County 2. Concerning Prejudice of Navigation in the Rivers of Ouse and Grant it was ordered that the Undertakers being agreed with for their security in form aforesaid they should shew unto the Country the means they intended in the drayning of these Levells And therefore if the Countrey should find it either prejudicial to Mershland or otherwise and present their Reasons to the Board their Lordships concurring therewith all farther proceedings to be stayed 3. That consideration should be had that particulars receive no damage by this drayning but that the Owners have satisfaction out of those that were to receive
Marshes there 104. a. Sedgmore 111. Suffolk 298. Surrey The Marshes on Thames 65. b. Sussex Marshes 87. b. Pevensey Marsh. The Laws and Ordinances for conservation thereof 95. a. Yorkshire 136. b. West Riding 115. a. Hâ—lderness 130. Banks and Sewers Abatement in Tenths and Fifteens by reason of the great chardge in their repair 131. b. 258. a. Allowance by the King towards their repair 121. b. 254. a. Commissions and Statutes of Sewers Observations thereon 369. Commissioners of Sewers their compulsorie power in case of neglect in performance of their Ordinances and Laws 60. a. 66. a. 347. a. Distresses taken by their authority of such as observe not their Decrees 21.23 b. sold 250. a. Land sold by them for neglect in paying of Assesments 63. a. 74. a. 82. b. Their power to make new Trenches and Banks in case of necessity 139. b. 243. b. 298. a. 371. a. b. c. To imprest Labourers for repair of Banks and Sewers 33.46 a. 47. b. 59. a. 60. b. 61. b. 78. b. 80. a. 100. b. 122. a. 135. b. 160. b. 204. b. 240. a. To make a Statutes and Ordinances according to the Law and Custom of this Realm and the Custom of Romeney Marsh 47. b. 48. b. 58. a. Custom of the Marsh observed in repair of Banks and Sewers 44. b. 45. b. 46. a. b. 47. a. b. 78. a. Land gained from the Sea to whom belonging 237. b. 239. a. Ouse sive Wellenhee The antient passage thereof to the Sea by Utwelle and Wisebeche 246. a. 248. a. 249. a. 256. a. 299. b. 300. a. 302. b. 333. a. 394. a. b. 395. a. b. 396. a. The Great Level Observations touching it viz. what it was at first 171. b. How it became overflowed by the Sea 172. a. Holland and Marshland how first gained from the Sea 174. a. How the main Level came first to be a Fen 175. b. The rise course and outfalls of the several Rivers passing through it 176. a. How those their outfalls became obstructed 182. a. Of the vast extent and great depth of the Fresh waters occasioned by those obstructions of their outfalls 179. a. The general drayning thereof when first attempted 375. The chief contents of the Bill handled in Parliament anno quarto Regis Iac. touching the general Drayning 386. Tides Their flowing higher in Humber by four foot than formerly 132. a. ERRATA PAge 9. l. 52. farther p. 10. l. 10. the Belgique p. 44. a. l. 32. S. Nicholas p. 57. l. 30. Marshes p. 143. b. in margine ligulâ p. 159. a. in margine penès Comitem p. 192. a. l. 6. celeri p. 200. a. l. 24. Jurors p. 709. a. l. 9. xxxiiii Chapt. in marg vide cap. 38. p. 211. b. l. 20. Camvill p. 244. a. l. 12. xxxiiii th Chapt. p. 299. a. in marg Cap. xlvi p. 300. b. l. 29. xlvi Chapt. A Note of the Contents of the Surrounded Grounds in every particular Lordship in the Level of Ancoime from Bishopbriggs to Ferrebriggs in Lincoln-shire undertaken to be Drayned by Sir Iohn Monson The Lordships on the East-side The Lords of the Mannors or chief Owners that adventured or Consented for the Proportions  Acr. Ro. Perc. KIngerby 25 0 0 Sir Thomas Puckering Lord consented Owersbie 350 0 0 Sir Iohn Monson Lord Adventured Thornton 208 1 11 The Bishop of Ely South-Kelsey 419 2 34 Sir Edw. Ascough Lord Adventured North-Kelsey 1214 2 3 Mr. Chamberlain Consented for Mr. Barde Kadney Hosham and Newstead 2010 1 39 Sir Will. Pelham Lord Adventured Kettlebie 0379 2 01 Will. Tirwitt Esq Lord Adventured Wrawbie cum Brigge 0645 1 08 Elsham 0807 2 11 Sir Sam. Oldfeild Lord Adventured Worlettbie 1369 3 13 Sir William Elvish Lord Consented Bondbie 0881 0 27 Sir Tho. Williamson Lord Adventured Saxbie 1122 0 29 Sir Mich. Wharton Lord Adventured Horstow 0517 2 16 ... Dorrel Esq Lord Adventured Ferrebye 0275 0 27  The Lordships on the West-side The Lords of the Mannors that Adventured or Consented for the Proportions  Acr. Ro. Perc. Glentham 0099 3 34 Ed. Turney Esq Lord Consented Bishopp Norton 0325 1 18 Ed. Whichcote Esq Consented Atterbie Snitterb Waddingham 0885 2 10 The King chief Lord. Waddingham per se 0707 2 12 Sir William Thorold Lord Consented Redburne 0819 0 34 Sir Thomas Stiles Lord Adventured Hibaldstowe 0927 1 07 Scawbie 0571 1 16 Mr. Nelthroppe Consented Caistroppe 0582 2 01 William Anderson Esq Adventured Broughton 1084 3 03 Applebie cum Thornham 1645 1 10 Step. Andersou Esq Lord Adventured Roxbie 0573 3 37 Sir Ed. Molesly then Lord Consented Winterton 0860 0 11 The King Chief Lord. The true but short state of Sir Iohn Monsons Business 1 The Towns are 26 2 The Lords of Mannors that adventured were 14 3 The Lords of Mannors that consented were 10 4 So as the Lords that were the chiefest and greatest Owners in 24 of the Towns were either Adventurers in or Consenters to the Dreyning and none of the rest opposed before the work was finished and adjudged 5. That Sir Iohn Monson undertook it as a Servant to the Country upon the desires of the Commissioners of Sewers and divers others leaving every man free to adventure for his own that thought it a bargain of advantage or otherwise to leave it upon him to undergo the hazard and lay down the money for their parts As appears by The Commissioners Certificate and their Petition to the King The two Exemplifications under the great Seâ—l And to shew that the Drayning hereof is of a publick advantage to the Kingdom and hath been the endeavours of the most Eminent Persons concern'd in it since King Edward the first 's time the Records following will make it appear a Esc. 16. E. 1. n. 47. b Esc. 16. E. 1. n. 47. c Pat. 18 E. 1. m. 30. in dorso d Pat. 23. E. 1. m. 15. in dorso e Pat. 6. E. 2. p. 1. m. 17. in dorso f Pat. 6. E. 2. p. 1. m. 17. in dorso g Pat. 3. E. 3. p. 1. m. 31. in dorso h Pat. 19. E. 3. p. 1. m. 18. in dorso i Pat. 23. E. 3. p. 1. m. 6. in dorso k Pat. 30. E 3. p. 2. m. 11. in dorso l Pat. 36 E. 3. p. 1. m. 6. in doâ—so m Pat. 39. E. 3. p. 2. m. 31. in dorso n Pat. 40 E. 3. p. 1. m. 34. in doâ—so o Pat. 15. R. 2. p. 1. m. 37. in dorso p Plac. coram Rege term Tâ—in 4. H. 4. rot 13. Linc. q Pat. 6. H. 5. p. 1. m. 21. in dorso r Pat. 22. E. 4. p. 1. m. 22. in dorso s 5. Sept. 12. Jacob. t 2. Aug. 13. Car. u 16. Julii 8. Car. w Uâ—t Maii 10. Car. x 19. Julii 10. Car. y Ult. Martii 11. Car. z 24. Aug. 11. Car. A a 27. Oct. 14. Car. â—b 19. Feb. 14. Car. C c 4. Maii 14. Car. D d Exemplifyed 24. Feb. 15. Car. ANNO XIII Caroli II. Regis In Parliam apud
here at Ely with high solemnity as the custome then was the Abbots of Ely in their turn performing the service in the King's Court as they had used to do there being no other access to it considering the bredth and depth of the Fenn but by shipping he set sayl thitherward and when he came neer to the land raising up himself commanded the Mariners to make what hast they could to a little Port but to go stedily and fixing his eyes towards the Church which stood on high on the top of the Rock he heard a pleasant voice on every side where listning farther the nearer he approached to landâ— the more sensible he was of the melody and at length perceiving that it was the Monks then singing in the Quiâ—e and with shrill voices performing their divine Offices he commanded all the rest that were in the next ships to come nearer to him and exhorting them to sing with him became so transported that expressing the joy of his heart he presently composed and sung this Hymn Merie singende Monekes ben in Ely tha chut singende therby Royal chites noer the land And here yve thes Moneks sang Which in Latine is thus Dulcè câ—ntaverunt Monachi in Ely Dumi Canutus Rex navigat propè ibiâ— And now my Knights quoth he sayl ye nearer and let us jointly hear the harmony of these Monks All which were long afterwards publickly sung in the Quire in memory of that devout King and kept in mind as Proverbs the King thereupon ceasing not thus to sing with his venerable College till he came to land where being received with solemn Procession as the Custome had been to the Prìnce or any eminent person and brought into the Church he ratified all the donations conferred thereto by his Royal Predecessors Kings of England and established them with their immunities and privileges in the face of the Church where the body of the holy Virgin S. Audrey lay entombed upon the high Altar before all the persons there present Not long afterwards it so hapned that at the solempnity of this Feast the Fen was so much frozen that the said King could not repair thither as he desired neverthelesse it did not alter his purpose though he was sorrowful and much troubled Howbeit putting his trust in God being then upon Soham mere he contrived to be drawn upon a slead over the Ice and for his better security considering the danger of the passage that one should go before him to try the way But it so fell out that as he stood thus consulting a lusty and big man and an inhabitant of the Isle who for his corpulency was called Brithmer Budde came before him and offred to lead the way whereupon the King followed on the Slead all that beheld him admiring his boldnesse and coming safe thither celebrated that solempnity according as he had wont with great joy and in gratitude to the said Brithmer made him with all his posterity â—ree mâ—n for ever In further testimony likewise of the security of this place by reason of the vast and deep waters wherein it was situate I find that in the time of King Edward the Confessor the English having advertisement of great preparations then making by the Daâ—es for another invasion of this Realm bestirred themselves in fortifying their Cities and Castles hiding their treasure and mustering of souldiers for their defence And that Alfric the Abbot of S. Albans much fearing the danger did not only take care to convey the Shrine of that glorious prothomartyr S. Alban into a secret corner where he immured it but the better to disguise the businesse wrote Letters to the Abbot of this place humbly requesting him that he would take chardge thereof till all things should be in a quiet condition again â—or saith my Author erat eorum Insula intransmeabilibus circundata paludibus arundinetis unde hostium incursus nequaquam timuerunt id est This Isle of Ely is environed with Fenns and Reed-plecks unpassible so that they feared not the invasion of the Enemy Whereunto the said Abbot assenting Alfric like a politick and wary man fearing that these of Ely having gotten such a treasure into their hands might deny to restore it when it should be again required sent instead of S. Albans Shrine the reliques of an old Monk put up in a rich Chest as if they had been S. Albans bones and kept the before-specified Shrine walled up in their own Abby as hath been said But the most signal testimony of the strength of this place by reason of the said waters encompassing it is that recourse which divers of the principal nobility of the English Nation had unto it as their greatest refuge against the strength and power of the Norman Conqueror as also the defence that they then and there made against a powerful Army brought by that King for the subduing of it the substance of which story because it is but briefly pointed at by our publick Writers I suppose it will not seem tedious if I here succinctly deliver After that William Duke of Normandy invading this Realm with a puissant Army in the year MLxvi had subdued the forces of K. Harold in open batail wherein that King lost his life Stigand Archbishop of Canterbury whom the Conqueror affected not fled into this Isle for safety So likewise did Egfrid then Abbot of S. Albans with the Reliques of that Saint and treasure of his Church As also Edwine and Morkere two great and potent Earls of this Nation with Egelwine Bishop of Durham besides many thousands of the Clergy and Laity And understanding that Hereward Lord of Brunne in Lincolnshire a younger son to the famous Leofrike Earl of Mercia being a person much renowned for his valour and military skill for at the age of xviij years being banished the land by King Edw. the Confessor for his extraordinary dissolutenesse towards his parents and others he went into Flanders and other forein parts where he gained most high repute of his prowesse and noble exploits was returned from beyond Sea they forthwith sent for him desiring that he would repair thither with all his power and joyn with them in the defence of their native Country and redeeming their just liberties And in particular they importuned him in behalf of Thurstane then Abbot of that place and his Monks whose the said Island wholly was and on whose behalf the same was then fortified against the King that he would make no delay because the said King brought in a forein Monk out of France to obtrude upon them as Abbot there and that he purposed to do the like in all other Churches throughout England To which request of theirs he willingly condescended and forthwith began his journey towards them accordingly whereof the Earl Warren having notice whose brother long before the said Hereward had killed he laid ambushes for him on the out-side of the Fens belonging to