it was then likewise presented that the course of the water called Wythyrne was stopped by sand and weeds through the neglect of the said Abbot of Glastonbury and his Tenants of Wythyes on the one part Sir VVill. Cogan and his Tenants of Honyfpull on the other part And that afterwards the said Abbot and his said Tenants constituted the said Iohn Fytelton and Iohn Panes their Attornies to answer thereto And by another Inquisition taken at Taunton the Thursday next after the Feast of S. Giles the Abbot in the sixth year of the said King the Jurors upon their Oaths did say that the said Abbot did at Monketon maintain certain Trees hanging in the River of Tone overthwart the same stream insomuch as Boats could not passe there betwixt the Mill of Tobrigge and Bathepole as they had wont to do to the great damage of the whole Country And they farther said that the Mill called Bathepole for grinding of Corn was built in the midst of the River of Tone with stone walls six foot higher than they had formerly been by Sir Richard de Atton Knight VVhich Mill the said Abbot then had and supported And they also said that there was likewise a Fulling Mill built in the said River by the said Sir Richard de Atton after the great Plague which was then also in the possession of the said Abbot by reason whereof the said stream could not have it's passage as formerly but overflowed both the Corn ground Meadows and Pastures adjacent to the damage of all the Country And likewise that the Kings High wayes betwixt Taunton and Bathepole-brigge were so overflowed and spoyled by the flowing back of the said water that people could not travel that way and that the said Abbot ought to amend the same And they also said that by the building of those Mills and VValls the Boats which had wont to have passage that way with Merchandize from Bridgewater to Taunton were stopped and that the Fish were also thereby hindred of their course to and from those places And they said moreover that a certain piece of ground on one part in Monketon was appropriated to the said Abbot by the planting of VVillows and other Trees by the said Abbot and his Predecessors their servants and Tenants there And also that the said Sir Iohn Poulet Knight had appropriated the ground on the other side by the like plantations so that the Chanel which had been antiently xxx foot wide was not then above x or xij foot in bredth from the said River of Bathepole to Criche by reason whereof boats could not passe therein as they had wont to the great damage of the Country To answer all which chardge the Abbot and his Tenants appeared by their Attorney upon the Wednesday in Easter week in the seventh year of the said King and as to the bank called Southelake wall first presented said that it was in Othery and not in Weston which is parcel of his the said Abbot's Mannour of Sowy And farther said that he held a certain piece of ground called Southlakemore in Othery aforesaid containing about xl Acres of land Meadow and Pasture that it was parcel of the said Mannour and lay betwixt the same Bank and a certain Bank called Burwall which Mannour the said Abbot held as parcel of the foundation of his Church of Glastonbury and that he and all his Predecessors were seized thereof time beyond memory as in the right of their said Church And he alleged moreover that there was a certain River called Paret which is adjacent to the said ground called Southlake mere into which River the Sea water did flow and ebb and that the said Bank called Southlake wall was and had been there time out of mind for safeguard of the same ground called Southlake mere aswell to defend it from the inundation of the Tides flowing in by the said River as of the fresh waters descending by that and other Chanels to the damage thereof And that there was in that ground a certain high way called the Drene extending it self through the midst thereof And that the said Abbot and all his Predecessors and Tenants of Othery had time out of mind maintained the said Bank called Southlake wall for the defence of that ground and way as aforesaid without that that there had been any Runes Sewers Gutters Trenches or Ditches in the said Bank called Southlake wall or of right ought to be and without that that any Runes were obstructed by that bank or any bank elswhere in Weston called Southlake wall as it was supposed by the said presentment and this he was ready to justifie by the Country And as to the Presentment of the two Weres called Tappyng Weres in the River of Paret by which the current of that water was hindred he said that he held the Mannour of Sowy as parcel of the foundation of his Church of Glastonbury as also a certain Floud-gate called Tappyng Were in the said River which is parcel of that Mannour and so supposed to be to the damage of the Country And said that the same Floud-gate had been there time out of mind and that he the said Abbot and all his Predecessors were seised thereof as parcel of the said Mannour and that it then was in bredth heighth and depth as much as it had been time out of mind and that the current of the said water was not any otherwise stopped than it had been time out of mind and that he was ready to make proof thereof by the Country And as to the presentment of the said pleck of Osiars so appropriated by him the said Abbot and his Tenants in Weston he said that it was amended and totally removed and that this he was also ready to prove And as to the planting of the said Trees and appropriating of the soyl he said that he was not guilty and that he was ready to prove it And because the said Tenants could not justifie that the said nusance was removed at the time of the said presentment they were amerced at half a Mark. And as to the Watâ—rcourse called Wythyrune which was obstructed as aforesaid the said Abbot and his Tenants of Wythies answered that the said nusance was amended at the time of the said Presentment and long before and that this he was ready to prove And as to the Presentment that he had suffered Trees in Monketan to hang over the River of Tone and overthwart the same so that Boats could not passe to and fro he said that those Trees grew above Bathepole mills where Boats never used to passe neither could or ought to do and that the said Trees were not any nusance all which he was ready to justifie And as to the Presentment that Bathepole mill was built in the midst of the River of Tone with stone VValls higher by six foot than they formerly had been And that there was also a Fulling Mill built there c. And likewise that the
high way which leadeth from the said town of Worsoppe to the Town of Dunham and from thence to the Rivers of Ouse and Eyre on both sides the Rivers of Idul North-Idull Done Wyk and Went in the Counties of Yorke Notingham and Lincolne And to make Statutes and Ordinances necessary thereto consonant to the Laws of Romeney Marsh c. As also to take up so many Labourers upon competent wages in respect of the great and urgent necessity of the work as should be requisite for that imployment So also in 17 H. 6. had Iohn Portyngton Guy Rouclyff Raphe Bapthorpe Peter Arderne Rob. Rouclyff and others for those upon the Sea-coasts and Marshes at Scardeburgh betwixt Southstele and the Hospital of S. Nicholas at Scardeburgh CAP. XXV IN this kind of improvement there was something also in Derbyshire as it seemeth and that very antiently though the particular places be not exprest for in 12 E. 2. there were two Commissions issued to certain persons of quality in this County for to view the banks Ditches and Sewers then broken and in decay in several parts thereof and to cause them to be repaired the first to Will. de Herle Richard de Wylughby Iohn Deincourt and Richard de Whatton and the second to the said Iohn Deincourt and Richard de Whatton together with William de Gretton and Roger de Breton CAP. XXVI TOuching the Banks and Sewers in this County the first mention that I find is in 11 E. 3. there being then a Presentment made in the wapentake of Bersetlawe against several persons for diverting the stream of the River of Iddle into the Hel-dyke without any penalty imposed upon them for so doing but they being summoned to appear in the Kings Bench to answer their doings therein said that the Shireeve had a VVrit to levy xl. upon them for damage the said Shireeve therefore was required by that Court to transmit the said presentment thither In 16 E. 3. the King being informed that the Rivers of Deven Smyte and Kersyk as also certain Ditches and places through which divers waters in certain parts of the vale of Belvoir within the Wapentakes of Bingham and Newerke betwixt the towns of Flintham and Orston so descending into the said River of Devene and thence into Trent did then run and had used to do were so much straightned by sand mud and plantation of trees that by reason thereof and for lack of certain trenches which would have been very necessary in those parts for the drayning and preserving the low grounds and meadows there the Lands Meadows and pastures of many people in those parts had been often overflowed by those waters and did so continue he constituted Iohn de Vaux Geffrey de Staunton and Iohn de Ker his Commissioners to view the said waters and Ditches and to cause new trenches to be digg'd in any of the said lands meadows or pastures there where need should be so that competent satisfaction were made to all such in whose grounds those trenches might happen to be cut according to the true value of the damage which would be thereby done thereto And in 25 E. 3. upon farther information that the said Rivers passing through the VVapentake of Newerk betwixt the towns of Staunton Kilvington Flanbergh Shelton Sibethorpe Syreston Eyleston Stoke Farmedone Thorpe Cotum and Houton and from those towns descending to the said River of Dyvene and thence into Trent were also in such sort obstructed as that the Lands Meadows and Pastures of divers persons were overflowed And moreover that the Bridges and Causeys at Wendlâ—sford Horscroft Bourbrig and Langbrig and divers other bridges and Causeys in those parts that there was scarce any passage at all by them in the VVinter time to the great peril of such as travailed over them the King appointed Geffrey de Staunton Thomas de Sibethorpe Iohn de Sutton Will. de Leyk and Simon de Leyk to view them and to cause new Chanels to be made where need should require making reasonable satisfaction to the owners of those lands through which they were to cut answerable to the damage which they might have thereby In 37 E. 3. Iohn Power Robert de Morton Oliver de Barton and Iohn Stirapp were assigned to view the passage of the River of Idel through the towns of West-Râ—tford Bolin Tilne Sutton Lound Matherseye Scroby Skaftâ—worth Claworth Everton and Herewell and to cause them to be clensed and scoured in regard that by their obstruction with sand weeds and the like the lands and meadows of divers persons had been overflowed and drowned The like Commission in 51 E. 3. had Raphe Lord Basset of Drayton Will. de Skypwith Roger de Kirketone and others for to view the Banks and Sewers betwixt Bykers dyke on both sides in this County and Done hevede and to cause them to be repaired where need was In 1 R. 2. Will. de Skipwith Robert de Morton Oliver de Barton Elias de Thoresby Iohn de Bekering Will. Power of Tylne and Iohn de Whetlay were constituted Commissioners for to view the course of the River Idâ—l through the towns of Elkeslay Gamelston Eton Ordeshale Est-Retford West-Retford Bolum Tylne Sutton Lound Mathersay Thorpe Scroby Scafteworth Claworth Everton Harewell and Hayton which for want of clensing had drowned the Lands of sundry persons and to cause the same to be scoured The like Commission in 18 R. 2. had Henry de Codyngton Clerk Iohn de Markham Sir Iohn de Burton and Sir VVill. Nevill Knights Robert Martell and Thomas de Sutton for certain Gutters in the vale of Belvoir and in the VVapentakes of Bingham and Newerk betwixt the towns of Langar and Bingham by the towns of Flyntham and Hokesworth and Hokesworth Thurvarton and Orston and other places descending unto the River of Dyvene and thence into Trent which Gutters were then also obstructed with sand weeds and other impediments to the great damage of the adjacent grounds by overflowing c. So also in 20 R. 2. had the said Iohn de Markham Sir Iohn Bozoun Knight and Richard Bercotes for the same Gutters and trenches which by reason of the like obstructions for lack of certain trenches that ought to have been made for the drayning of the grounds lying neer them especially overthwart Sireston meadow unto the said River of Devene with power to make new trenches where they should find it necessary and to compell every man having land capable of any benefit thereby according to the proportion thereof for to assist therein In 30 H. 6. Iohn Cardinal and Archbishop of Yorke Iohn Vicount Beaumont Sir Raphe Cromwell Knight Raphe Byngham Iohn Portyngton and others were appointed to view and repair the Banks and Sewâ—rs betwixt Bykers dyke and the River of Done on every side lying within this County and the Counties of Yorke and Lincolne and Confines of the same and
and covenable Laws and Statutes for the preservation of those Banks and Sewers according to the Laws and Customes of Romeney marsh As also to take and imploy so many Diggers and other Labourers in that work upon convenient wages as should be needfull for the same in regard of the urgent necessity of expedition to be had therein Howbeit after this time till the xith year of the reign of the late King Charls I have not observed any thing else of moment concerning these Marshes but then at a general Session of Sewers held at Glamford brigge upon the last day of March in the said year for drayning of the Fenns and Carrs lying on both sides of the before-specified River of Ancholme in the Lordships of Glentham Bishops Norton Atterby and several other it was then and there ordered by Will. Tirwhit Will. Anderson Marmaduke Darell Samuell Owfield Stephan Anderson Esquires and Richard Nelthorpe Gentleman his Majesties Commissioners that a Tax of s. iiij xiijd. should be assessed upon every acre of land found in a verdict of the said Session in the Towns and places aforesaid for the drayning of those Fenns c. and making a Sluse or Clow near the out-fall of the said River VVhich said summs being not paid accordingly the before-specified Fenns could not be taken in hand there was therefore another Commission shortly after directed to Sir Robert Bell Knight Sir Edward Ascogh Knight Sir William Pelham Knight Will. Tirwhit Will. Anderson Edmund Anderson George Glapthorne and Edward Tourney Esquires who by virtue thereof sate at Glamford brigge aforesaid upon the xxiiijth day of August then next following where they the said Commissioners did decree and ordain that those Fens should be forthwith taken in hand and to that end treated with some Forein Undertakers whose demands being found too high and all other Gentlemen refusing Sir Iohn Munson Knight of the Honourable Order of the Bathe a person eminently qualified with learning and sundry other ample endowments having a fair estate in this County and no small proportion of these surrounded Marshes out of a noble desire to serve his Country declared that he would be the undertaker thereof himself upon the terms that had been proposed by the Commissioners unto those Foreiners and to lay the greater obligation upon them left every Free-holder at liberty to adventure for his own share if they thought fit upon the same rates and giving them a months time to consider of it Of which offer most of the great Lords and owners of that Level accepted Whereupon the said Commissioners decreed First that he the said Sir Iohn Monson should and might forthwith set upon the work and accomplish it within the space of the six next ensuing years Secondly that all the said grounds being so drayned should for ever afterwards continue for meadow and pasture excepting some quantity thereof not exceeding CC acres which was to be left for Lakes and sikes for the reception of superfluous water within the same Thirdly that he the said Sir Iohn his heirs and Assigns should at their own costs repair and keep all Drayns and Sluses which were to be made conducing thereto And for the better preserving of the said work to make such new Drayns and Sluses with Cart bridges over them where need should be in such places as any six Commissioners of Sewers for the time being should think fit Fourthly that in consideration of this great work he the said Sir Iohn his heirs and Assigns should have and enjoy five thousand eight hundred and twenty seven acres of the said Fenns and Marshes dischardged from all Commons Titles Chardges Interest and demand of all or any persons whatsoever to be assigned and allotted to them out of the said Lordships or any six of them before the Feast-day of S. Michael the Arch-Angel in the year of our Lord 1636. to be enjoyed from the time that the said grounds should be adjudged to be drayned by the before-specified Commissioners Fiftly that if through the neglect of the said Sir Iohn Monson after the end of those six years the above-mentioned grounds should happen to be again surrounded and so continue for the space of one whole year together and that by view and judgement of the Commissioners the same should be so certified into the Chancery that then in case it were not again inned and made fit for erable within six months after such certificate transmitted into the Chancery it should be lawful for the owners of the said grounds and their heirs to enter into two thousand Acres of the said five thousand eight hundred twenty and seven Acres untill the said grounds so drowned should be again recovered by the said Sir Iohn Monson c. Sixtly that every person who had lands adjoyning to those drayned grounds which should happen to be bettered by this drayning should pay unto the said Sir Iohn his heirs or Assigns for every Acre so improved so much as by six of the Commissioners of Sewers for the time being should be adjudged fit Seventhly that in case the said River of Ankolme should in order to this drayning be diverted by any new cut such Lords of Mannours and others as have had liberty of fishing in the old Chanel should in lieu thereof have the like benefit and liberty in the new Eighthly that where any mans ground should happen to be cast from his Lordship to the other side of the River the same person his heirs and assigns to have free ingresse and egresse to and from the same through the Lordship of him to which it should be so cast VVhich Decree of the before-specified Commissioners was exemplified under the great Seal of England by the Kings Letters Patents bearing date 27º Octobris 14º Caroli After which at another Session of Sewers held by adjournment at Glamford brigge aforesaid the fourth day of May in the xiiijth year of the said K. Charles by and before William Amcot Iohn Broxholme Marmaduke Darrell Thomas Nethercot Roger Gregory and Mich. Mounckton Esquires Tho. Hely Hen-ry Sandwith Iohn Barnard Edw. Nelthorpe Tho. Farmery and William Darvin Gentlemen Commissioners appointed for this Level upon the River of Ankolme extending from Bishops brigg on the South to Ferriby brigg on the North and from thence to the low water mark in Humbre and into the Mannours of Glentham Bishop's Norton and divers others after recital of the Decrees and Ordinances made in the two former Sessions of 11º Caroli before taken notice of And that at a Session of Sewers held likewise at Glamford brigg aforesaid by and before William Amcott Marmaduke Darrell Iohn Broxholme Esquires and others it was adjudged and declared that the said Sir Iohn Monson had with the expence of great â—umms of money well and sufficiently drayned and recovered those Fens and surrounded grounds according to the tenor of the said Law made the 24th of August in the said 11th year of King Charles the said Will. Amcott and
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-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
THE HISTORY OF IMBANKING and DRAYNING OF DIVERS Fenns and Marshes Both in FOREIN PARTS AND IN THIS KINGDOM And of the Improvements thereby EXTRACTED FROM Records Manuscripts and other Authentick Testimonies BY WILLIAM DUGDALE Esquire NORROY King of Arms. LONDON Printed by Alice Warren in the Year of our Lord MDCLXII TO THE KINGS MOST EXCELLENT MAJESTY Most Gratious Soveraign THE first and greatest attempt that hath been made in this Kingdom for the general Drayning of those vast Fenns lying in Cambridgeshire and the Counties adjacent was by that Prudent and Grave Prelate John Morton sometime Bishop of Ely the principal Instrument of that happy Union betwixt the two Houses of York and Lancaster as the Chanell betwixt Peterborough and Wisbeche still bearing his name doth witness And the next by your Royal Grandfather and Father of Blessed Memories the chiefest branches of that Renowned Stock Which not succeeding as it was designed by reason of the distractions of those times it will be no small Honour to your Sacred Majesty and Advantage of your Realm to compleat and make perfect that Noble undertaking To which end I most humbly offer unto your Majesty this present Historical Discourse whereby it will appear not only that divers Great and Mighty Princes and other Persons famous in their times have in Forein Parts been active in Works of this kind but how much your Majestie 's own Royal Ancestors have by several excellent and wholsome Laws promoted the like in this Kingdom Praying to the Almighty that he will bless your Majesty with a Long and Prosperous Reign that good Arts may again flourish amongst us and Virtue receive its due Encouragement to the joy of all your Loyal Subjects and amongst them of Your Majesties most Obedient Subject and Faithfull Servant WILLIAM DUGDALE TO THE READER Courteous Reader THAT the Strength of a King is in the Multitude of his Subjects is a truth which no man will gain-say Hence is it that those Countries the soil whereof is naturally fruitfull are alwaies much better esteem'd than such as be sterile in regard they afford more and better sustenance to their Inhabitants And hence is it likewise that the most civilized Nations have by so much Art and Industry endeavoured to make the best improvement of their Wasts Commons and all sorts of barren Land Amongst which advantages that of Inclosure hath not been the least whereof there is a notable instance in the Counties of Northampton and Somerset which though little differing in their extent and goodness of soyl yet if estimation may be made by Musters Subsidies Tenths and Fifteens Inclosure hath made the one more than double to exceed the other both in people and wealth as hath long ago been observed by some of great Iudgment If then the meer Inclosure and Tillage of that which naturally yielded little profit doth justly deserve so great a commendation how much more is the skill and pains of those to be had in esteem who have recovered many vast proportions of Land totally overwhelm'd with a deluge of waters And of these I need not look out for examples from abroad our own Countrey affoarding a multitude of notable Instances as the ensuing Discouâ—se will fully manifest whereby it will appear that in sundry parts of this Realm there are many thousands of Acres which do now yield much benefit yearly by Rape Cole-seed Grass Hay Hemp Flax Wheat Oats and other Grain nay by all sorts of excellent Plants Garden-stuff and fruit Trees which in former times were Drowned Lands And this was it which gave encouragement to oâ—â— two late Soveraigns of Blessed Memory viz. King James and King Charles the first to become the sole Adventurers for the Drayning of those vast Fenns of Cambridgshire and the five other adjacent Counties a worthy Work and never totally attempted till their times well discerning that by a compleat performance thereof the costly and troublesome meeting of Commissioners for Sewers the frequent great Taxes for the maintenance of divers Banks and Drains with many unhappy controversies and emulations relating thereto might be in a great measure prevented And if our industry were but comparable to that of our Neighbours in the Belgique Provinces how much more might those drayned grounds afford us for profit and pleasure than they yet do forasmuch as theirs lying below the Levell of the Sea at high Tydes is drayned by Engines which cast out the water and ours have not only a descent to the Sea but divers large Rivers and streams for leading the waters to their natural out-falls To give instance in the benefits First let us consider the large proportion of this one Levell which is no less than five hundred thousand Acres it being from the edge of Suffolk to Waynflete in Lincolnshire full Lxviii miles in a strait line And if we reckon by the bow of the Fenn which runneth up on both sides of the River Witham within a mile of Lincoln it may be well accounted Lxxx miles the bredth being in many places xxx more xx and seldom so little as ten miles so that 't is thought by some to be as good ground and as much as the States of the low Countries enjoy in the Netherlands Next for the richness of the soyl being gained from the waters doth it not for the most part exceed the high grounds thereon bordering as much as other meadows do which are ordinarily let for xxs. the Acre And do we not see that in the Marshes beyond Waynflete in Lincolnshire where the grounds are severed and trenched it is hard to find a poor man though they sit at great Rents for their Cattel being alwaies sound and thriving are therefore merchandable or if they come to a mischance yet fit for food Moreover besides the great plenty of flesh and white meats with the breed of servicable Horses let us consider the abundance of Wooll Hydes Tallow and other Commodities which this fruitfull ground now produces and that the new Chanels made for the Drayning do yield no small advantage to all those parts for the carriage of their Corn and Merchandize whereas before they were constrayned to go many miles about according to the natural bending of the Rivers And if we weigh the great inconveniences which these over-flowings have produced certainly the advantage by the general Drayning ought the more to be prized for in the Winter time when the Ice is strong enough to hinder the passage of Boats as hath been by some well observed and yet not able to bear a man the Inhabitants upon the Hards and the Banks within the Fenns can have no help of food nor comfort for body or soul no woman aid in her â—ravail no means to baptize a Child or partake of the Communion nor supply of any necessity saving what those poor desolate places do afford And what expectation of health can there be to the bodies of men where there is no element good the Air being for the most part
cloudy gross and full of rotten harrs the Water putrid and muddy yea full of loathsome vermin the Earth spungy and boggy and the Fire noysome by the stink of smoaky Hassocks As for the decay of Fish and Fowl which hath been no small objestion against this publick work there is not much likelyhood thereof for notwithstanding this general Drayning there are so many great Meeres and Lakes still continuing which be indeed the principal harbours for them that there will be no want of either for in the vast spreading waters they seldom abide the Rivers Chanels and Meeres being their principal Receptacles which being now increased will rather augment than diminish their store And that both Fish and Fowl are with much more ease taken by this restraint of the waters within such bounds we daily see forasmuch as all Netts for Fishing are better made use of in the Rivers and Meeres than when the waters are out of those narrower limits And that Decoys are now planted upon many drayned Levels whereby greater numbers of Fowl are caught than by any other Engins formerly used which could not at all be made there did the waters as formerly overspread the whole Countrey THE HISTORY OF IMBANKING and DRAYNING CAP I. THAT works of Drayning are most antient and of divine institution we have the testimony of holy Scripture In the beginning God said let the waters be gathered together and let the dry land appear and it was so And the Earth brought forth grass and herb yielding seed the fruit-tree yielding fruit after his kind and God saw that it was good Again after the Deluge it was through the divine goodness that the waters were dryed up from off the Earth and the face of the ground was dry And that those Nations which be of greatest antiquity and in chief renown for Arts and Civility are also famous for their works of this nature is evident from the practice of the AEgyptians the Babylonians the Graecians the Romans and several other of which I shall give instance First therefore of Egypt because that Countrey is more mervailous than any other and that the works there are more remarkable than the Countrey This lyeth in a great length from South to North between Arabia and Lybia and is watered with the River Nilus a stream that all the Winter keepeth within his banks but at the Summer Solstice beginneth to exceed and swelling an hundred dayes is almost as long a time in retreating Which constant inundation is so commodious that those surrounded parts as an eminent Historian testifieth are only habitable and that whatsoever place on either side the River riseth in such a manner that it cannot receive the floud remaineth desert and uninhabited through want of water We may therefore esteem the AEgyptians to have been the first Masters in this Art of Drayning whom necessity and profit induced to imploy their wit and labour to the improvement of their Countrey and making the best advantage of that exorbitant River wherein they became most excellent their workman-ship about the River Nilus being such as the same learned Author manifesteth that Industry surpassed nature for Egypt saith he though naturally fruitfull being watered is more fruitfull And though according to the course of nature the greatest increase of the River watereth the most land yet through industry it was so brought to pass that oftentimes when nature was defective there was by the help of Trenches and Banks as much ground watered with the smaller flouds as with the greater so that at high floud the Countrey is all a Sea except the Cities and Villages which being situate either on Natural hills or Artificial banks at distance seem to be Islands The just increase of this flowing appeareth to be xvi Cubits Lesse watereth not all more is too slow in retreating too much water keeping the ground wet too long loseth the season of sowing too little affordeth no season through drougth The Country reckon upon both At xii Cubits they foresee famine at xiii hunger xiv bring mirth xv security xvi plenty The AEgyptian Trenches therefore were of two sorts either for avoidance of superfluous water or disposing of what might be useful there being notable examples of both kinds Of the first sort are those many out-lets made by hand for the Rivers more current passage into the Mid-land Sea the natural mouths of Nile being insufficient for the septem ostia were not all natural Nilus having run through Egypt in one stream to the City Cercasorus thence divideth it self into three Chanels one runneth Eastward towards Pelusium thâ— other Westward towards Canobus from whence they are denominate the third dividing Delta runneth straight forward to Sebennitus from whence it hath it's name and there is divided into two other streams the one passing by Sais the other by Mendes receive their names from those Cities But the Bolbitique Bucolique Chanels are not natural but made by digging This Island of Egypt towards the Sea between the Pelusiaque and Canobique Chanels is called Delta from the form of the letter Δ. Between these two mouths besides the five before named there are many smaller For from the former there are divers subdivisions throughout the whole Island which make sundry Water-courses and Islands so as one Chanel being cut into another it is navigable every way The reason why these lower parts were cut and Drayned in such extraordinary manner may be supposed to be besides the convenience of navigation for that they were more apt to silting whereof the AEgytian Priests had good experience For in the Reign of King Myris when the River rose not above eight Cubits it watered all Egypt below Memphis But now in Herodotus his time unlesse it rose xvi or at least xv cubits it overflowed not that part of the Country Nor was there nine hundred years passed from the death of King Myris to the time that Herodotus heard this from the Priests Amongst this sort of works against the inconvenience of the River may be reckoned the inbanking of Cities which Sesostris first performed But those works especially at Bubastis were after heightned by Sabacon the AEthiopian who imployed therein all persons condemned to death The other kind of Trenches extending the benefit of the inundation beyond nature is more commendable having lesse of necessity but more for imitation The first of these was made by King Maeris into a Lake on the Lybian side which bears his name which Lake saith Herodotus is three thousand six hundred furlongs in compass being the measure of Egypt along the Sea coast and lyeth in length North and South the greatest depth being â—ifty paces Almost in the middle thereof stand two Pyramids each fifty paces above water and as much below in all an hundred paces there being upon each a Colossus sitting in a Chair The water of this lake is not esteemed to spring
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
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
upon their Oaths that the common Watercourse betwixt Asheburnehamesmyll and Batesford to Godyngeshavene was so obstructed by sand mud grasse and other filth that three thousand seven hundred eighty and three Acres of land were by this stoppage of the course of the fresh waters drowned that it would be necessary profitable for the safeguard restoration of those lands that the common current from Morespicheswalle to the Mark dyke were newly clensed which contained six furlongs by estimation and might be scoured for xij Marks Which Chanel all the Landholders as well above Borham bregge as Rokland Morhale Hoo Ladyland Cralle and of the Land of Christian atte Mershe ought to make clense and scour And they also said that the current from Markdyke to Pevenese bridge contained in length xiij furlongs which being then likewise filled with mud and sand by the ebbing and flowing of the tides might be clensed and scoured according to their estimation for xll. And that there was need of a new Sluse at the said Pevenese bridge in length xx foot in bredth xiiij and in height four foot which might be made for xl. by estimation to the scouring of which Chanel and making the Sluce all the Land-holders above Borham bregge in Brodewyshe and Cornbroke ought to make full contribution and the Land-holders above Tonleghebregge to Condennesbregge half contribution according to the proportion of their lands And likewise all the Landholders on the South side of Morespicheswalle half contribution according to the quantity of their said lands And that all the Land-holders in the marsh of Mankesye Bestenovere Marchalls Bakers and Wykham to contribute for the purposes abovesaid a fourth part for this present occasion but not to be claimed as a due in time to come And they farther said that it would be necessary and profitable for all the Land-holders aforesaid and for the security of Pevense Haven that all the Banks on the other side upon the Saltes from Morespicheswalle to the Sea should be broken and taken away without any impediment of the Tenants of those Banks And they said moreover that if the said Port of Pevenese had not been stopt up with mud and sand by the ebbing and flowing of the Tides so that the fresh water from the said Sluse could not have it's course then would it have been needfull that the said Sluce should be pulled up and set down anew at Wyldemershe betwixt the Sluce of Hoo and the Sluce of Mankeseye and that a new Sewer should be made from the said Sluce so placed anew through the midst of the Lands of Iohn Aske unto the Kokyr of Mankesye allowing for the Land of the said Iohn Aske according to the Law Custome of Romene marsh Also they said that it would be necessary and beneficial for the Abbot and Covent of Begham for his lands at Roklond that they and their successors have one little Sewer with a bolt fastned under the common Water-course into the Brook of Hoo for evacuation of the dead water arising from rain and springs in the said grounds of Roklond and this to be made at their own proper chardges And the said Abbot and his successors to maintain the said VVater-course from that bolt called Morespicheswalle at their own proper chardges And if the said current through the increase of the water should go out of it's course by the neglect of the said Abbot or his successors that then it might be lawful for the Tenants of Hoo to shut up the said bolt untill he the said Abbot and his successors did make full satisfaction to the said Tenants of Hoo for their losses therby occasioned And the said Jurors did likewise affirm that it would be necessary to have one Bayliff one Collector one Expenditor and other Skawers of the most sufficient land-holders who might have power to do all things therein according to the Law and Custome of Romene marsh and to make new Ordinances of Pevense marsh and to return them into the Chancery to be exemplified with the said Kings great Seal so that if the said Sewers or Floudgates should be so repaired they might have benefit and full safety thereby And that in case a proper remedy were not the sooner had therein an inestimable losse would be like to happen within a very short time VVhereupon there was a Precept issued out both to the Constable of Dovor Castle or his Lieutenant and to the Shireeve of Sussex that both of them should give warning to all and every the land-holders of the Tenements within those Towns to appear before the said Commissioners at Marchalleswalle neer the ......... of Pevense upon the Thursday being the Eve of S. Margaret the Virgin then next ensuing to shew what they could say for themselves why they ought not to be chardged with the performance of those repairs according to the proportion of their holding and form of the said Inquisition and to do and undergo what the Kings Court should further appoint in that behalf And accordingly Iohn Colbrond was elected to the Oâ—fiâ—e of Bâ—yliff and sworn to act according to the Custome of the Marsh And Richard Palmere to the Office of Collector and Expenditor and sworn as aforesaid And Thomas Colbrond William Bulke and others to the Office of Skawers and sworn likewise to undergo that Office according to the Law and Custome of the said Marsh. At which day the said Lieutenant to the Constable of Dovor Castle made his return to the before-specified Prior of Michesham and his Fellow Justices that he did summon Iohn Aske Robert Redyng with divers others to appear before them and likewise the Abbot of Begham But the said Iohn Aske and many others appeared not But Iohn Wodelond and some others who did appear were ready to contribute to those repairs c. In 8 H. 4. Sir Iohn Dalingrugge Knight George Ballard Stephan Bettenhamme Will. Snayth Henry Horne and others were constituted Commissioners for the view and repair of the Banks upon the Sea-coast from a certain place called Blakwose in Kent unto Rye in this County and the coasts of the water called Apoldreflete from the Sea to Bodihamme on both sides the said water which at that time were much broken with the Tides And to perform all things therein according to the Law and Custome of England and the Custome of Romeney Marsh. And the next year following the same Sir Iohn Dalingregge Sir Iohn Pelham Knight Robert Oxenbrigge Iohn Hall the elder and Iohn Hall the younger had the like Commission for the Banks upon the Sea-coast betwixt Hastynges and Boxle within the Parishes and Towns of Wyltyng Holyngton Boxle Crowherst Hastynges and Bulwerhythe and to transact all things therein according to the Law and Custome of this Realm In 2 H. 5. upon an Inquisition taken before Thomas Erpyngham Constable of Dovor Castle Will. Brenchesle Robert Oxenbrigge and others for the view and repair of the Banks betwixt Farleghe in
de Metham for those betwixt Faxflete and Cawode And in the same year to Will. de Vavasur Will. de Houk and Thomas de Fisheburne for those in the parts of Merskland Inclesmore Hovedenshire then much broken and in decay In 8 E. 2. upon complaint made by the men of Merskland inhabiting upon the River of Done that the said River whereunto the Sewers of the neighbouring parts did use to run was partly by reason of the Sea-tides and partly by undue straightnings so obstructed and stopt that most part of the lands thereabouts were overflowed VVhich complaint being exhibited to the King in Parliament then sitting at Westminster he constituted Iohn de Doncastre Roger de Cloherne and Robert de Amecotes his Commissioners to enquire thereof and proceed to the redresse of the same In 9 E. 2. the said Iohn de Doncastre Peter d'Eyvill and Alexander de Cave were assigned to enquire of the defaults in repair and clensing of certain Ditches in the parts of Spaldyngmore within the Bishop of Duresme's liberty of Hovedene whereby the low grounds there were overflowed And in the same year the said Iohn and Alexander together with Hugh de Louthre Adam de Midleton and Adam de Hopton had the like assignation for the view and repair of those Banks upon Ouse betwixt Rikhale and Hoveden dyke In 12 E. 2. Hugh de Pykworth Iohn Travers and Adam de Hopertone were appointed to view the Banks c. in Merskland upon the River of Done to make them new in such places where they should think fit The like appointment in 13 E. 2. had Iohn de Doncastre Adam de Haperton and Nich. de Sutton for those upon Ouse betwixt Bardelby and Hemingbrough So also in 14 E. 2. had Alexander de Cave Thomas de Houke and Hugh de Pikworth for those betwixt Faxflete and Cawode And in 16 E. 2. the same Thomas de Houke Gerard de Ufflet and Iohn the Son of Richard de VVhitgift had the like for those on the verge of Ouse in Merskland betwixt the River of Ayre and Trent fall So likewise the same year had the said Thomas de Houke and VVill. Basset for those upon the said stream of Ouse from Berlay Water-house to Ayremynne and thence upon the water of Ayre to the passage of Carletone neer Snaythe In that year also did the King send his Precept to Adam de Strikeland then Guardian of his Mannour of Hathelsay at that time in his hand that he should cause the banks upon the River AEre belonging to that Mannour to be repaired in all places needful according to the view and testimony of honest and lawful men of those parts In 17 E. 2. VVill. Basset Thomas de Egmanton and Iohn the Son of Richard de VVhitgift and Commission to view the defects in repair of all the banks upon Ouse in the parts of Mersklond betwixt the River of Ayre and Trentfall And the same year had Alexander de Cave Thomas Houke Peter de Saltmersh Robert D'amcotes VVill. de Lincolne and Geffrey de Edenham the like Commission for the view and repair of those betwixt Suth Cave and Barneby neer Hoveden then broken in divers places As also for the VVater-courses and Ditches of Beleby wyk Fuâ—nath Ragolf dyke Lange dyke Skelflete Hingbriksik Blaktoft damme Thornton's damme Temple damme Miklestek Hebewisgote Trakput Mulnedam of Broukflet Frisdike and Hoddeflete all which were diverted out of their right courses by which diversions and obstructions and the want of repairing those banks the low grounds betwixt Thornetone Muleburne Cathwayt Suth Cave Yverthorpe North Cave and Barneby neer Hoveden were overflowed And in case that they who had thus diverted and obstructed these VVater-courses were not able to repair them again then to distrain all such to give assistance therein as by such reducing them to their former Chanels and deobstruction of those stops should receive benefit and safeguard The next year following had Roger de Somery Hugh de Pikworth and Robert de Babthorpe the like assignation for the view and repair of those banks Ditches c. on the East part of Ouse betwixt Turneheved and Barneby ferry As also for those on the VVest part betwixt Cawode and Ayremyn and betwixt Feribrig and Ayremyn on the South and VVest part In the same year likewise were Alexander de Cave Thomas de Houke Peter de Saltmersh and Iohn de Kilvyngtone constituted Commissioners for those banks c. upon the coasts of Humbre and Use betwixt the towns of Suth Cave and Barneby neer Hoveden then broken and ruinous and also of the VVater-courses from Wartre Brunnom Brunneby Hayton Beleby Beveldale Myllington Ulvesthorp Killingwyke Pokelington Arnethorpe Wappelington Thorneton Melborne and Cathwayt then obstructed and diverted out of their right courses by reason whereof the low grounds betwixt Beleby Suth Cave and Barneby viz. Fulne Rageldyke Langdyke Skelflete Hingbrigstike Blacktoft dam Thornton dam Temple dam Mychelsyk Helewysgot Crakeput and the Mylndam of Bromflet Frisdyke were drowned And to compell all those who had so diverted and stopt the said waters to reduce them to their antient courses and where need should be to make new Chanels for that purpose The like Commission had they for the banks c. betwixt the River of Done and Bykerdyke within the Isle of Axeholme in Lincolnshire In 5 E. 3. Iohn Travers Peter de Midleton Peter de Saltmersh and Simon de Baldreston were assigned to enquire concerning the breach of a certain Causey called Foxholedyke made by certain malefactors in the parts of Merskland in this County by which breach the lands of the inhabitants of those parts were drowned In 7 E. 3. VVill. de Hathelse Iohn de Clif and Hugh de Bradeford were appointed to view and repair the banks c. betwixt AErmyne and Selby So likewise in 11 E. 3. were Will. Basset Thomas de Brayton and Iohn de Lacy of Gateford for those betwixt Temple hirst and Ayrmyne on the North side of Ayre as also upon both sides of the River Ouse betwixt Ayrmyne and Selby In 13 E. 3. the King directed his special Precept to Richard de Aldeburgh and Will. Basset whereby he made recital that whereas he had by his VVrit under the Privy seal commanded Simon de Grimesby then Guardian of his Mannor of Brustwyk that he should cause his demesne Lands Meadows and pastures and likewise the Lands of his Tenants within that Mannour to be drayned which had been drowned by the overflowing of water and to make a certain trench there whereby the water might passe away and have a direct course as before that time it had And the said Simon together with his Free-holders and Bondmen of that Lordship did by virtue of that precept make a trench there in a certain place where long before there had been one And the said King being informed
hindred so that they could go no farther except casually in the time of an exceeding great floud of the said River And they said moreover that the before-mentioned Prebendary owners of that Mill time out of mind had a Mill there for their proper benefit and kept the Mill-pool to the height above exprest untill that one Bartholmew Florentyne Prebendary of that Prebend in the reign of King Edward the first deeming that it would be more for his profit to pull down the said Mill than maintain it demolished both the Mill and the pool so that the tides of Ouse entring the before-specified Sewer and going over the Banks passing through the said pool so demolished did in every great floud of that water thenceforth till that time drown the before-specified lands and the lands of many others And they also said that there were never any other Banks nor Sluses for defence of that water nor was any one obliged to repair any banks there except they whose lands were so overflowed as aforesaid but they said that it would be more profitable and beneficial for the Inhabitants of those places to have banks raised to a fitting height and Sluses of a certain bredth for to keep back the tides of the said River at the entrance thereof that is to say upon the banks of Ouse at the mouth of the said Sewer where the said Bishop of Duresme is Lord of part of the soil and the said Prebendary Lord of the other part And they said moreover that they believed that the said water of Ouse did enter by that Sewer and passe over those banks by reason they were too low to the damage of the Inhabitants of those parts through the default and neglect of the men of those Towns which had their grounds so overflowed not of any other And that all they who had lands overflowed by the flouds of that water ought to repair those banks as also to raise them higher In 23 E. 3. Sir Thomas Ughtred Sir Gerard Oâ—sflet Knights Robert de Midelham Robert de Haldenby Thomas Proctour of Rednesse and Will. Gatorest were assigned to view and repair the banks upon the River of Ouse Done and Ayre in the parts of Merskland The next year following Will. de Percy Brian de Thornehull Raphe de Lassel Will. de Ayrmyn Will. de Nâ—tton Will. de Hinchden Illard de Usflet â—nd Thomas de Egmanton had the like assignation for those upon the Rivers of Humbre Use Derwent Ayre Skelflet Langdyk Fulne and Done in the parts of Spaldingmore Hovedenshire Draxsoken and Merskland â— and in the Wapentakes of Barston and Herthill betwixt Use and Derwent So also had Thomas de Ughtred Robert de Pikering Robert de Middelham Will. de Gateresse and Thomas Proctour of Rednesse for those upon the streams of Use Ayre and Done in the parts of Merskland and Osgodcrosse The like Commission in 26 E. 3. had William Basset Sir Miles Stapleton Knight Illard de Usflet and Iohn de Lasingcroft for those banks c. on the North side of Ayre betwixt Ayrmynne and Ferybrigg So also the same year had Thomas de Metham Alan de Shutlingden Parson of the Church of Hemyngburgh Iohn Moubray and Peter de Richmund for those upon Ouse within the Liberties of the Bishop of Duresme Other Commissions to the like purpose were shortly after directed to others viz. in 30 E. 3. to Iohn de Moubray Illard de Usflet Iohn de Walton and Iohn de Feriby for the Banks c. upon Humbre betwixt Faxflet and Paulesflâ—t In 31 E. 3. to Robâ—rt de Herle Will. de Skipwith Iohn de Moubray Iohn Knyvet Nich. Gower and Thomas Levelance for those in the VVapentakes of Strafford and Osgodcrosse In 33 E. 3. to Iohn Moubray Sir Marmaduke Constable Sir Will. de Aldeburgh Sir Raphe de Lascels Knights and others for those upon Use Derwent Ayre Skelflete Langdyke Fulne and Done in the parts of Spaldyngmore Hovedenshire Draxsoken and Merskland as also in the VVapentakes of Barston and Herthill and betwixt Use and Derwent In 36 E. 3. to the same Iohn de Moubray Thomas de Ingelby William de Fyncheden and others for all the last mentioned places In the same year there were divers Presentments made against those who ought to repair and maintain the depth of a Goul in Houk upon the River of Ouse within the parts of Merskland through whose neglect the Banks were broken to the nusance of the King 's High way betwixt Houk and Swynflet So also for neglecting to repair the said Banks upon Ouse to the damage of the Road-way betwixt Usflete and Ayrmyn Upon the pleadings whereunto the Town of Roucliff could not deny but that it ought to repair the VVater-course at Langholme gote and therefore were fined for their default In 39 E. 3. Thomas de Ingelby Miles de Stapelton Illard de Usflete and others were constituted Commissioners for the view and repair of the Banks c. on the North side of Ayre betwixt Ayremin Ferybrigg The like Commission the same year had VVill. de Skipwith Rich. de Ravensere Provost of Beverley Godfrey de Folejaumbe others for those upon the Banks of Use Ayre and Done in the parts of Merskland and Osgodcrosse and to proceed therein according to the Laws and Customes of this Realm So also had Hugh de Hastyngs VVill. de Fyncheden VVill. de Reygate and others for those on the North side of Ayre betwixt Selby and Castelford brigge In 40 E. 3. there was a Presentment made in the VVapentake of Anesty against the Prior of S. Iohns of Hierusalem for obstructing the watercourse called Langedyke in the 37th year of the said Kings reign who alleging that there was errour therein it came to be pleaded in the Kings Bench where the Jurors found that the said VVatercourse was stopped in the pasture of Temple Wetherby so that it overâ—lowed the Pasture and land of Thorparth and other Towns adjoyning and that the said VVatercourse ought to be repaired and clensed by the same Prior as in right of his Mannour of Temple Wetherby which being not done he was amerced in xxs. In the same year Thomas de Ingelby VVill. de Fyncheden Miles de Stapelton Thomas de Metham and others were appointed to view and repair the banks c. on the North side of Ayre betwixt Ayrmyn and Ferybrig and to perform all things therein according to the Law and Custome of this Realm So also were VVill. de Fyncheden Godefrey de Folejambe Thomas de Bradwell and others for those betwixt Eyrmyn and Whitley on the South side of the said River And likewise Thomas de Roos of Hamlake Thomas de Ingelby VVill. dâ— Aton and others for those upon Humbre Use Derwent Ayre Skelflete Land dyke Fulne and Done in the parts of Spaldyngmore Hovedenshire Draxsoken and Merskland and the VVapentakes of
that the course thereof had been newly diverted by her out of it's antient Chanel which Mandate being directed unto Simon de Grimesby the said Kings Steward there requiring him to reduce the same into it's old course divers trenches were made upon the banks thereof in the grounds of her the said Margerie at Ryhill through which it extended in several places where no current of water had ever been till that time by a number of armed people in those parts insomuch as the Lands and Meadows of her the said Margerie which lay neer to that Sewer were totally overflowed by the tides of Humbre and aswell she the said Margerie in danger to lose the whole profit of her said Lands and Meadows as those Burgesses who held the said Town of Hedon of the King by a certain yearly Ferm and for their better paying thereof used to receive much Commodity by Boats and other Vessels that had wont to be carryed to that Town by the water of the said Sewer which by the making of those trenches was then dryed up The King therefore for remedy thereof gave Commission to Iohn de Stonore Iohn de Molyns Robert Parnyng and Hugh de Berwyk to view the same and to rectifie what was amisse therein In 14 E. 3. Raphe de Bulmere Iohn de Sutton Iohn de Meux Thomas de Burton and Thomas de Cayton were assigned to view and repair the Banks c. upon the coast of Humbre in the Towns of Frismersh Tharlesthorpe Kayngham Ryel Burton Pidse and Halsham The like assignation in 16 E. 3. had Robert de Hilton Will. L'engleys Iohn le Constable of Halsham and Walter de Waldegrave for those in the Towns of Patrington Frisemersk Tharlesthorpe Otrygham Weynestede Frothingham Newsum Rymmeswell Outhorne Wythornes Redmayr Holaym Risum Holmton Thorpe juxta Wellewyk and Penysthorpe So also had Herbert de S. Quintin Richard de Ros Iohn de Sourdenhale and Robert de Wythornwyk for those from Lamwath bridge Northwards within this liberty of Holdernesse The chardge in supporting of which Banks and Sewers was such that the Inhabitants of Frismerk finding it very burthensome did in 18 E. 3. by Petition to the King and his Counsel in Parliament exhibited complained that their lands were often overflowed by the tides of Humbre and that they had been at a constant and very great chardge for the safeguard of them so that they could not pay such taxes and impositions as they had done being lesse able to maintain their said Banks for preservation of their Town than formerly and therefore humbly besought him that taking the premisses into consideration he would command that the Fifteen then granted to him in Parliament by the Commonalty of this Realm for two years ensuing as also all other Assessments for the future might be ratâ—d according to the value of the goods and Catalls which they then had in that Town VVhereupon the King compassionating their condition assigned Michael de Wathe Iohn de Constable of Hasham Robert de Sprotle Clerk and Iohn Sturmy his Commissioners to enquire thereof VVho did accordingly and certified that the said lands were very often overflowed by the before-specified River of Humbre as also that the third part thereof were totally destroyed and consumed by the tides and that the said Inhabitants had often been at inestimable costs for the safeguard of that their town and must still be the King therefore deeming it not consonant to rightâ— that they should be unduly chardged in any Tenths Fifteens or other Assessments for their lands so wasted and destroyed directed his Precept to the Assessors and Collectors of the Tenth and Fifteen granted to him by the said Commonalty of this Realm in that Parliament beforespecified requiring them that having farther information touching the value of the movables which they then had in that town they should assesse them accordingly and supersede the collection thereof according to the tax of the old Fifteen By virtue of which Precept the said Inhabitants of Frismerk being assessed at xxvis. viijd. per annum for each of the said two years the King sent his Mandate to the Barons of his Exchequer requiring them that in that Fifteen nor the like for the future to be granted they should not be rated at any greater summ The like Mandate was also directed to the Collectors of VVools for the Est-Rithing of this County for a proportionable abatement to the Inhabitants of the said Town of Frismerk upon the same considerations In 26 E. 3. Thomas Metham William Playce and Henry Greystoke were constituted Commissioners for to set up certain metes and bound-marks in the Kings Marshes and Fishings within the parts of Holdernesse in the presence and with the advice of honest and trusty persons of the Country so that the said King and others might have full knowledge of their severals in those Marshes and Fishings In the same year Iohn Sutton of Holdernesse Thomas de Seton Will. de Skipwith and Iohn de Wilton were appointed to view the Banks c. upon the coast of Humbre betwixt the Towns of Hesele and Ravensere as also upon the coast of Hull betwixt Beverley and Kingston upon Hull So also were Sir Robert de Hilton Knight Illard de Usflete Iohn de Bilton Peter de Grymesby and Will. de Hoton for those within the Precincts of Holdernesse and Ravensere unto Wistede in this County In 30 E. 3. the King being informed that the tides in the Rivers of Humbre and Hull did then flow higher by four foot than they had wont to do by reason whereof the common Road-way leading from the Town of Anlaby to Kingston upon Hull as also the lands and Pastures lying betwixt both those places and the Town of Hesell were overflowed and consumed And being also advertised that it would be necessary that the antient Ditch which had extended from the said Town of Anlaby to Anlaby ker should be new clensed and enlarged for the space of twelve foot in bredth and that from thence a new Ditch of xxiiij foot in bredth should be made extending to the Pasture of Miton neer unto the said Town of Kingston upon Hull and so through the midst of that Pasture unto the same town of Kingston by which Ditches the said waters at every tide might passe to and fro And that the said way ought to be raised much higher the said King by his Letters Paâ—ents bearing date the tenth of May in the year abovesaid assigned Thomas Ughtred Gilbert Chasteleyn Will. de Skipwith Thomas de Ingelby Iohn de Bentele and Iohn de Wilton to cause the premisses to be effected How long the tides upon this coast kept their course so much higher than they had formerly done I am not able to say but 't is like that they did so for no short time after there being scarce a year in the succeeding part of this
in the VVapentakes of Mauley and Coryngham and in the Soke of Kirketone in the said County of Lincolne and in the Soke or Hundred of Basâ—tlawe in this County And to make Statutes and Ordinances therein consonant to the Laws of this Realm and the Laws and Customes of Romeney marsh and to do all other things touching the same according to the Law of this Realm and the said Customes of Romeney marsh As also to imprest so many Labourers upon competent wages to be imployed in the said work as should be needfull considering the great and urgent necessity for the speedy accomplishment thereof The like Commission in 14 E. 4. had Thomas Bishop of Lincolne Will. Lord Hastyngs Sir Iohn Scrope of Bolton Knight Sir Robert Markham Knight Iohn Stanhope Gervase Clifton Robert Willughby Thomas Molineux Thomas Nevill and Iohn Metheley for the view and repair of the Banks and Sewersâ— from Broughton-Sulny unto the River of Devene in this County and from Feldyke in Bingham unto the said River of Devene as also by and about the same River from the County of Leicester beyond Kilvyngton unto the River of Trent in this County And to proceed therein as abovesaid So also in 22 E. 4. had the same Archbishop and most of the before-mentioned persons But farther touching the Fens in this County I have not seen other than what a Law of Sewers made at Stockwith 14 Aug. 5 Caroli mentioneth which is that whereas Iohn Lyens and other Dutch men had undertaken to the King and his privy Council to drayn the Carrs and Marshes in the Lordship of Hatfield in the County of Yorke Axholme in the County of Lincolne and other great Carrs in this County of Notingham and had made divers great Rivers and drayns to that purpose it was decreed that for the better conveying away of the waters one Sluce should be erected on Bikersdyke within the Parish of Misterton at a place lying over the bridge called Bleesford bridge and to make a cut over the common grounds called Bleesford to Mifterton firm grounds And that whereas the said Iohn and his Participants became undertakers for the drayning of certain Carr grounds in Everton in this County of Notingham in consideration thereof they were to have to them and their heirs and assignes for ever five hundred Acres of land laid out from Everton inclosures all along by Gryngeley bank side unto the Tofte Carr banke or New bank to be set out by Surveyors chosen on each part CAP. XXVII BEing now come into Lincolnshire I shall first begin with the Isle of Arholme which for many ages hath been a Fenny tract and for the most part covered with waters but more antiently not so for originally it was a woody Country and not at all annoyed with those inundations of the Rivers that passed through it as is most evident by the great numbers of Oak Firr and other Trees which have been of late frequently found in the Moor upon making of sundry Ditches and Chanels for the drayning thereof the Oak Trees lying somewhat above three foot in depth and neer their roots which do still stand as they growed viz. in firm earth below the Moor and the bodies for the most part North VVest from the roots not cut down with Axes but burnt asunder somewhat neer the ground as the ends of them being coaled do manifest Of which sort there are multitudes and of an extraordinary bignesse viz. five yards in compasse and sixteen yards long and some smaller of a greater length with good quantities of Akorns neer them and of small Nuts so many that there have been found no lesse than two pecks together in some places But the Firr Trees do lye a foot or eighteen inches deeper of which kind there are more than of any other many of them being above xxx yards in length Nay in the year 1653. there was a Firr pole taken up by one Robert Browne of Haxey of xxxvi yards long besides the top lying neer the root which stood likewise as it grew having been burnt and not hewed down which tree bore at the bottome ten inches square and at the top eight About xx years since also in the Moors at Thurne neer five foot in depth was sound a Ladder of Firr of a large substance with about xl staves which were thirty three inches asunder but so rotten that it could not be gotten up whole And in Haxey Carr at the like depth a Hedge with stakes and bindings The truth is that there are so great a number of Trees thus overgrown with the Moor through a long time of stagnation by the fresh waters in these parts that the Inhabitants have for the space of divers years last past taken up at least two thousand Cart Loads in a yâ—ar As to the time when this woody Level which extends it self into Dikes mersh and Hatfield Chase in Yorkeshire became first thus overflowed I can say nothing there being not any memorial thereof transmitted to us from the light of History or Records but that it hath been so for divers hundreds of years the depth of the Moor doth sufficiently manifest which could not in a few Ages grow to that thicknesse it is of Howbeit as to the occasion thereof I may rationally conclude it to have been through the muddinesse of the constant tides which flowing up Humbre into Trent did in time leave so much silt to obstruct the currents of Idle Done and other Rivers that having not their free passages as formerly they flowed back and overwhelmed that flat Country with water insomuch as the high ground became an Island as it is still we see called and a place so defencible in respect of the spaciousâ—esse and depth of the waters environing it that Roger Lord Moubray an eminent Baron of this Realm in K. Henry the second 's time and then Lord thereof adhering to young Henry upon his â—ebellion in those dayes repaired hither and fortified an old Castle which had been long ruinous for reducing whereof to the Kings obedience the Lincolnshire men having no other accesse thereto transported themselves by shipping in the year 1174 20 H. 2. So likewise in 50 H. 3. after the battail of Evesham wherein the rebellious Barons were discomfited some of them fled hither as to a place of security for the reasons above expressed But after that time it was not long ere the Inhabitants of these parts imitating the good Husbandry of those in other Countryes who had by banking and drayning made good improvements in such Fenny places did begin to do the like here For in 1 E. 3. I find that Robert de Notingham and Roger de Newmarch were constituted Commissioners to view and repair those Banks and Ditches as had been made to that purpose which were then grown to some decay So also were Iohn Darcy of the Park Roger de Newmarch and Iohn de Crosholme Several other Commissions there were
afterwards to the same purpose viz. in 25 E. 3. to Will. Basset Thomas de Swinford Will. de Clive Thomas Levelance Will. Wascelyn and Thomas Degmanton for all the Banks and Sewers within this Isle In 26 E. 3. to Raphe de Wilughby Will. Basset Will. de Skipwith Illard de Usflete Robert de Haldanby Iohn de Lasing croft and Iohn de Flete of Bulwiche for those upon the Rivers of Trent and Done within the Hundred of Crulle In 39 E. 3. to Iohn Tours Will. Wascelyn and Raphe de Burnham for those upon the Rivers of Done Idel and Bekersdik in this Isle VVherein they were directed to proceed according to the Law and Customes of this Realm In 40 E. 3. to Thomas de Ingelby Will. de Fyncheden Will. de Galby Parson of the Church of Epworth and others for those in the parts of Balne and Mersland and Lordship of Haitfield in the County of Yorke as also within this Isle and Soke of Crulle in this County The like Commission had the said Thomas and William with Roger de Kirketon and others in 41 E. 3. So also in 43 E. 3. had Master Iohn de Burnham Will. de Galby Clerk Richard Poutrell and others for those in this Isle betwixt Butterwyk and Gunthorpe In 2 R. 2. to Henry Percy Earl of Northumberland Will. de Skipwith Roger de Fulthorpe Henry Asty Iohn Poucher Thomas de Burnham and William de Topclyf for those betwixt Bykerdyke and Doneheved throughout all this Isle and the Soke of Crulle then in decay through the forcâ— of Trent And in 7 R. 2. to Thomas de Moubray Earl of Notingham Sir VVill de Willughby Knight VVill de Skipwith and others for all those in this Isle as also betwixt Bykersdyke on both sides in Notinghamshire and the River of Done in Yorkeshire In 1 H. 5. VVill. Lodyngton Thomas Egmanton and Iohn Dowenay Rob. VVaterton and Edmund Fitzwilliam being constituted Commissioners for the view repair of the Banks and Sewers in the Soke of Crulle and this Isle of Axholme and betwixt Bekerdyke on each side sate at Crulle upon the monday next after the Feast of the Nativity of the blessed Virgin in the year abovesaid before whom the Jury then presented that one Geffrey Gaddesby late Abbot of Selby did cause a strong Sluse of wood to be made upon the River of Trent at the head of a certain Sewer called the Mare dyke of a sufficient height and bredth for the defence of the tides coming from the Sea and likewise against the fresh waters descending from the VVest part of the before-specified Sluse to the said Sewer into the same River of Trent and thence into Humbre and performed the same upon his free good will and Charity for the ease of the Country VVhich said Sluse certain unknown persons Inhabitants of the Lordship of Haytfield pulled down in the time of Iohn de Shireburne late Abbot of that place and next successor of the said Geffrey And they said farther that it would be very necessary that the before-mentioned Abbot if he pleased should cause to be there made without the said Sluse towards the River of Trent at the Feast of Easter then next ensuing one demmyng for that present And they also said that for the future the said Free-holders as also the said Towns and every of them might clense and scour the said Sewer called the Mare dyke according to the proportion belongâ—ng to each of them therein from the said Sluse to the bridge of Ludington called Lane end brigg VVhereupon the Shireeve was commanded to summon the said Abbot Richard Amcotes and the rest to appear before the before-specified Commissioners at Crutl aforesaid on the Tuesday next before the Nativity of the blessed Virgin then next ensuing to answer c. At which day they all came accordingly and could not gainsay what had been so presented by those Jurors And long after this scil in 5 E. 4. Sir Thomas Burghe and Sir Robert Constable Knights Iohn Nevill Robert Sheffield junior Thomas Moigne Richard Haunserd of Ouresby and others were constituted Commissioners for the view and repair of the Banks and Sewers throughout this Isle as also betwixt Bykersdyke on each side in the County of Notingham and the River of Done on both sides in the County of York and within the VVapentake of Manley Yereburgh Coryngham Aslakhowe and Walshcroste in this County of Lincolne and to make Statutes and Ordinances therein consonant to the Laws of the Realm and Custome of Romeney marsh As also to imprest so many Labourers as they should think necessary for that work upon competent wages in respect of the great necessity for hastening thereof Having thus traced down the successive Commissions for improvement of the Marshes in this Isle by banking and drayning untill after the Stâ—tue of 6 H. 6. VVhich Statute prescribing a form for all that should be issued out after that time throughout this whole Realm wherein direction and power is given to those who are to be imployed therein to make and ordain necessary and convenable Statutes and Ordinances for the salvation and conservation of the Sea-banks and Marshes and the parts adjoyning thereto according to the Laws and Customes of Romeney marshâ— and likewise to hear and determine all and singular complaints that shall come before them touching that businesse according to the Laws and Customes of this Realm and the Customes of the said Româ—ney marsh appointed also that upon great and urgent necessity they should take and put into the said works and reparations as many Ditch-makers and other Labourers upon competent wages as might be sufficient to perform that service it will not be necessary as I conceive to give farther instances of this kind I shall therefore descend to that great and no lesse commendable work which was undertaken shortly after the beginning of the late King Charles his reign not only for the drayning of all the surrounded Marshes of this Isle but of the adjacent Fenny grounds lying in Yorkeshire viz. Hatfield Chase and Dikesmersh VVherin I may not omit to observe that the overflowings of the fresh waters over tâ—at whole Level was such by reason that the before-specified Rivers of Idel Bickers dyke Turne Done and Ayre were obstructed in divers places with so much silt and other impediments chiefly contracted by the dayly tides as I have before declared that not only in winter but even in the Summer time Boats laden with plaister have passed over that part thereof called Hatfield Chaâ—e to a place called Hollen brigge near Hatfield Woodhouse the water upon the drowned grounds being about three foot deep and the Fishers house called Steere's lodge standing on ground thrown up and raised three or four foot above the level often drowned Neither was Haxey Carr lesse overwhelmed large Boats laden with xx quarters of Corn usually passing over it from the River
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
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
should continue where it then ran In 11 E. 1. there was a Commission issued unto N. de Stapelton W. de Brumpton and E. de Bekingham to enquire by the Oath of honest and lawfull men of this County whether the Abbot of Croyland or Prior of Spalding ought to repair certain Bridges Gutters Banks and Ditches in those parts concerning which there was some difference betwixt them In 10 E. 3. there was a Petition exhibited to the King and his Council in Parliament setting forth the many perils and losses which had befallen several men by reason of the ill way betwixt Crouland and Spalding as also that greater mischief was like to happen therby unlesse by the repairing of those ways a remedy were speedily used And that all those dangers and losses might well be avoided in case there were a new Causey made betwixt the said town of Crouland and a place called the Brother house by the said Abbot upon his own proper ground for the making and repair whereof he the said Abbot and his successors were to take a certain Custome of all persons travelling that way the said King therefore much affecting the safeguard and ease of his people and for that respect desiring to be certified whether the said Abbot would be willing to undertake the making and repair of such a Causey or not and if so then how and in what sort directed his Precept to him requiring his answer thereto Whereupon the Abbot by his Letters signified to the King that the distance betwixt the great Bridge within the Town of Crouland and the said place called Brother-house within which space these dangers in passage were was no lesse than three miles and in a fenny soil upon the one side of the River Weland where by reason of the lownesse of the ground in a Moorish earth it would be a difficult matter to make a Causey fit and durable for passengers because it could not be made otherwise than upon the Brink of that River where there was so much water in winter time that it covered the ground an ell and an half in depth and in a tempestuous wind two ells at which times the ground on the side of that River upon the brink whereof the said Causey ought to be made was often broke by Bargemen and Mariners and by the force of the wind so torn away as that the earth was diminished and wasted so that in case a Causey should be there made it would in a short time be consumed and wasted away by the power of those winds except it were raised very high and broad and defended by some means against such dangers and that for the safeguard and ease of passengers aswell on that side the said River of Weland within the Precincts of the Town of Crouland as overthwart the same Causey there ought to be made many high and strong Bridges which would require no little chardge to the end that loaded Barges and Boats might passe under them and that might serve for necessary Sewers over which Bridges loaded Carts Horses and others might also travell And for the supporting of this great chardge ever Barge passing that way in a tempestuous time should pay xiid. every loaded Cart xijd. every loaded horse vi pence every man carrying a burthen iid. every Horse not loaded iijd every man singly going that way i d. And for Cattel and other things carryed by water more or lesse as should be agreed with the boat-men And in great storms and flouds double to what is before exprest to be paid for all carriages by water that way And forasmuch as the making and maintenance of the said Causey was like to be so chardgable in respect of it's length height and thicknesse with necessary bridges as aforesaid the said Abbot proposed then to the King whether he would please to grant unto him and his Monastery for to undergo the same such a Custome for the space of seven years of every passenger aswell by land as water travailing within the compasse of the Lordship of Crouland as might be suitable to such a work though such Custome did not exceed the one half of what passengers did at that time pay and after those seven years should be expired a certain lesser Custome apportioned to the chardge of such necessary maintainance and repair thereof And that in case the King would so do that then he would do his best endeavour to make and maintain the said Causeys and bridges VVhich answer of the said Abbot had no reply made thereto for the space of two years after but then the Parliament again sitting the Inhabitants of Kesteven and Holand exhibited a Petition to the King whereby they humbly besought him that for the safety and advantage of themselves and other passengers he would take the answer of the before-specified Abbot into consideration and do what should be meet therein VVhereupon the said King much regarding the safety and welfare of his people and therefore desiring for the better performance of the work to be more fully certified touching the premisses assigned Robert de Colevill Adam de Limbergh Iohn de Ros Humphrey de Litlebury Will. de Bayeux and Ranulph de Parys to enquire by the Oaths of honest and lawful men of this Country what manner of Customes and how much the barge-men and boat-men did then receive aswell for men as Cattel and had to that time usually received and who ought to make that way and take the benefit thereof As also upon whose soil on both sides the barges and boats had used to land and whose the whole passage was And moreover what and how much Custome would be requisite for the said Abbot to take for the space of seven years in consideration of his chardge in making the same Causey and Bridges upon his own proper soyl and how much after those seven years were expired to maintain them in repair As also how many Causeys and Bridges and of what length bredth height and thicknesse each of them ought to be for the more safe and substantial benefit of passengers And lastly whether it would be of any damage to the said King or others if he did grant to the said Abbot such Customes as aforesaid for the considerations above specified But what was done therein I find not Memorandum that from the time of the Foundation of the Abby of Crouland untill the days of Sir Iohn Wake who lived in the times of Edward the second and Edward the third Kings of England nothing was done against the Abby of Crouland for raising of a bank in the marsh of Gokesland in Holand But in the time of Thomas Wake the son of the said Sir Iohn the said bank was made and so the Abbot of Crouland then made that bank from Kenulphston to Crouland hyrn alias Dyke end from which place the Lordship of Deping began and continued to Wode lade untill the time of Iohn Duke of Somerset and then the
that the same water hath no issue towards the Sea except by a certain Gutter in bredth three foot and an half therefore it was considered that the said Towns according to the number of their Acres belonging to every Inhabitant should restrain the same in manner aforesaid and defend the ends of those Towns abutting on the Fen And there was a day assigned for making such a restriction or Dam upon the borders of both Counties within the Quinzime of the Epiphany then next ensuing upon the penalty of CCl. And at the same time the Jurors for the County of Lincolne did present that there was a certain Gutter made in the Town of Multone called Bollesgote and that it ought to be repaired by the men of that Town according to the number of their Acres for the quantity of what they held it was therefore commanded that the said Townsmen should repair that Gutter in form aforesaid before Whitsontide following upon pain of an Cl. And on the Thursday being the Eve of S. Barnabas the Apostle at the suggestion of some of the Country came the said Simon and his fellow Justices to view that restriction and to enquire by those Jurors what had been done upon the Ordinance aforesaid Whereupon it was then presented that the Sewer which led from thence unto the Sea betwixt the Counties of Cambridge and Lincolne ought to be enlarged to the bredth of twenty foot scil ten foot on the Lincolnshire side and ten on the Cambridgshire side And because it was found by the Jurors that the said Ordinance for that restriction before-mentioned could not be observed as it ought to be by reason of the excessive flouds of water it was decreed that aswell the Dam as the Sewer should be repaired by the view of those Jurors as it had been ordained before the Feast of S. Peter ad vincula then next following upon penalâ—y of Cl. every Town adjoyning upon the same Sewer making good their particular proportions abutting towards them And Adam de Tid with other the Inhabitants of Tyd came and condescended that they would for what they held according to the number of Acres repair and make good the Banks of Sutton Marsh betwixt Scoft and Gedeney provided that they were not chardged with their Acres lying in Tid Marsh before the said Marsh was defended by the Sewer and Dam before-mentioned In 21 E. 1. the Abbot of Pâ—terborough brought an Assise of Novell disseisin against Ranulph de Rye Philip Phiket and others for putting him out of possession of his freehold in Gosberkirk viz. of xl acres of Marsh with the appurtenances whereunto the said Ranulph and the rest of those defendants pleaded that the said Abbot had brought his action against them unjustly because he was not seised at all of the premisses And they farther said that the Custome of that Country was such that whensoever the Sea did by its raging overflow any mans lands and meeting with any resistance or upon its going back waste away any of the said Land and make a hollow place no man ought to fill up that place but to clense and drain it for the common benefit of the Country and so to let it remain iâ— the same condition that the Sea first left it And they moreover said that about xviii years then past the Sea did make such an hollow in the Land of the said Abbot which so continuing for a long time they did afterwards drain it according to that Custome without doing any injury at all Whereunto the Abbot replyed that the said Ranulph could not under colour of any Custome excuse himself for he said that the place before-mentioned was his own several ground and that it was not lawfull for any man to dig in another mans land nor drayn the same without the leave of the owner excepting only one Ditch which lay in the confines of the two Hundreds of that Country called Gotecrike which Ditch whosoever had a mind to do it might drayn it and scour it at their pleasure And he also said that the above-mentioned Ranulph had in his own particular land made a certain Ditch whereby the said Abbot was hindred from coming to his Marsh and this he desired might be enquired of c. VVhereupon the Jurors delivered in this verdict viz. that the place before-mentioned was the several ground of the said Abbot in which no person without his leave had any thing to do And that there had been a kind of Ditch there which was xl years before filled up and then reduced to firm ground And they said that there did happen in that very year such a floud in those parts aswell of the fresh water as from the Sea that it broke the Abbots bank at each end thereof which breach he the said Abbot did make up as it was well lawfull for him to do And they said that the before-specified Ranulph and the other defendants afterwards made a Ditch of ten perches in length upon the soyl of the said Abbot against his leave and did exclude him from coming to that Marsh. Wherefore the said Abbot had judgement to recover his seisin and xxs. damage The next year following the King being advertised that by reason of the more than ordinary bredth of the River of Shoft neer Trokenhout which is in the confines of this County and Cambridgshire and likewise through want of repair of the Banks Ditches Gutters and Sewers in those parts great losse had hapned to the Inhabitants thereabouts the King therefore to contract the said Chanel for the more security of the Country and for repairing those Banks and Ditches did assign S. de Ellesworth R. de Chadeworth and R. de Coupledik to enquire aswel by the Oaths of Knights and others of the said Counties of the course of that stream as of those Banks Ditches Gutters and Sewers before-mentioned who they were that possessed Lands and Tenements thereabouts and had or might have benefit by the contracting of the said Chanel and repair of the Banks and Sewers aâ—oresaid and to distrain them thereto for the proportion of their said Lands and Tenements according to the number of Acres so that no favour should be used therein either to rich or poor Upon which Enquiry the Jurors delivered this following Verdict viz. that the Towns of Tydd and Sutton lying in Holand in this County and Tidd Neuton and Leverington in Cambridgshire could not be preserved from damage except the said stream of Shoft neer Trokenhout were restrained to the bredth of four foot so that it might not run towards the Sea but by a Gutter in widenesse three foot and an half therefore it was concluded that the Towns before-mentioned should streighten the said Chanel according to the proportion of their lands in those Towns and likewise defend the hades of those Towns abutting upon the fen And a day was thereupon given them to make the same Chanel of that narrownesse viz. within the xv of
common of Pasture or fishing neer the same bank nor any safeguard or defence thereby but that for their Lands and Tenemâ—nâ— they thâ—n did and of antient time had repaired a certain bank called Blake diche by which they had benefit and preservation Nevertheless at the prâ—sâ—cution of the Inhabitants of Tilney wâ—o ought and had alwaies used to repair and maintain totally the banks câ—â—led Hâ—ddich under colour of an Inquisitioâ— touching certain things which were amiss in those parts taken â—efore them the said Commissioners they did adjudge a certain part of that bank to be repaired and maintained by the saiâ— men of Ilsingtone whereupon they were distrained so to do The said King tâ—erefore being desirous that all parties should have right done to them therein required the before specified Commissioners to transmit the whole proâ—ess of their doings therein unto him in the xv of St. Iohn Bapt. then next following At which day both the men of Islington and Tilney came but the hearing thereof was then respited till the Octaves of St. Michael and at that time did Thomas atte Lache one of the Inhabitants of Tilney appear accordingly but they of Ilsington appeared not therefore the men of Tilney had execution of what had been decreed by the before mentioned Commissioners At the same time there was complaint made to the King on the behalf of the Abbot of St. Edmundsbury that whereas he the said Abbot held certain Lands in Tilney and Ilsyngton which had antiently belonged to that Monastery and notwithstanding that every Landholder there and in the parts adjacent ought to defend their own proper grounds at their own peculiar charge against the force of the Sea and make and repair certain banks for their better preservation by the appointment of the Justices of Sewers and likewise by custom nevertheless certain men of those parts having an aim to alter that their custom and to compell the said Abbot and câ—rtain others who to their great charge did make and maintain the banks against their own Lands to contribute likewise in common to the repair of all the other banks had procured certain Justices of Sewers to view those banks which they did accordinglyâ— not giving notice to those complaynants the said King therefore by his Writ directed to Henry le Scrope and his fellow Justices of the Kings Bench required them to take the business into consideration and in case they should finde that the before specified information was true then to discharge the said Abbot and the other persons concerned therein In 5 E. 3. Iohn de Cantebrig Will. Lovell Walt. de Glemesford and Iohn de Waltham were assigned to view the banks and ditches in these parts of Mersh land and to take order for their repair The like appointment in 7 E. 3. had Simon de Drayton Will. Lovell Will. de Dunton and Peter Fitz waryn In 9 E. 3. at a Session of Sewers held at the Church of Wigenhale St. Mary upon the Monday next after the Clause of Easter before Iohn Howard the elder and other Justices the Jurors presented that the safeguard of the whole Town of Tilney and Islington was one and the same and that all the Lands and Tenements and the holders of them as also of common of Pasture and fiâ—hing there were equally secured and defended by the Banks Ditches and Sewâ—rs belonging thereto from the inundation of the Sea and flowing of the fresh waters And they said that in the dayes of K. Edward the first there was an equal assignation made to the Inhaitants and Tenants of these Towns according to each mans proportion of the banks ditches and causeys belonging thereto by Will. de Carleton and his associats then Justices of Sewers at which time the charges were easy but then through the raging of the Sea and flouds of fresh waters very heavy and grievous to bear As also that the said charge was then so unequally assessed that some persons were burthened more by an hundred fold considering their proportions of Land than others whereby they were so impoverish'd that they were not then able to contribute any farther to these repairs and that by their decay much damage had already accrued there and more was likely to happen if speedy remedy were not had Wherefore they said that of necessity there ought to be a new Agistment made of the said banks and ditches and an assignation of a fit proportion to each man for the maintaining whereof they might be continually compell'd And they said moreover that the ground whereupon the Ditches and Banks stood betwixt Edyensgole and the East corner of the Tenement of Iohn de Engaldesthorpe in the Freth within the said Towns of Tilney and Ilsington was daily torn up by the boysterous Sea tides and flouds of fresh waters insomuch as the said banks could not be preserved in any sort by that Agistment to defend the said Town from drowning therefore they said that for safeguard of that Town there must of necessity be made certain Kays and four or six Schrops betwixt Edyensgole and the said corner at the charge of all the Landholders throughout the whole Town And they ordained that whereas by reason of the like danger in another place between Knight's gole and the gutter called Cattesback dole the Sea banks would not be sufficient to defend the Town from drowning there should be made forthwith certain Kays and Schrops at the charge of the whole Town and and that no bank should be thrown down towards the River betwixt those Goles in any place but where they then were untill by assessment they could be maintained at less charges And that the whole bank and chanel of the river betwixt the said gutters be made and if need required raised two foot higher so that it should contain xiii foot in bredth at the top and at the bottom a thickness proportionable thereto And they also said that the banks upon the river side betwixt Skalys gole and Cattesbak were grown so narrow towards the bottom by reason of the often sinking down of the Earth that the Cart way which is of xxiiii foot in bredth towards the said banks and ditches for the whole length thereof was by those banks and ditches totally interrupted and stopt whereupon they ordained as before that time it had been that xxiiii foot of ground should be added thereto from the Land next adjoyning And they farther said it was necessary that all the Sewers and Gutters great and small as also the common Bridges in Tilney and Islington with the gutters of Sibley and at the Mill sometime belonging to William de Fen upon the Fen ditch in Tilney should be continually repaired at the charges of the whole Town as often as need should require with the help of the Town of Tirington and for scouring the Sewers of Wesenhamdale in Tilney to the gutter called Scales gole and to make and maintain the same gutter continually which said assistance did
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
formerly had been a stone Bridge and thence directly to the Mannour of Coldham and from thence and the Crofts of Secchithe magna and beyond to Secchithe bridge and thence Westwards and in bredth to a certain way which leadeth from Sech gate unto Iones dole fence and thence to Lynne dyke Northwards unto the How dyke and so directly to Larkyshirne aforesaid in the said Town of South Lynne Hardwick Westwinche and Secchithe magna ought to contribute to the making of that defence every man according to the proportion of his Land And they farther said that all persons which had Lands and Tenements in a certain place called Clenchwarton-Marshland within the Town of South Lynne aforesaid and all the Land-holders in Secchithe magna South Lynne Secchithe parva and Watlington in divers places from Secchithe gate Southwards to the Crofts of Secchithe parva and from Secchithe draine Westwards to East wroe dyke at Watlingtone and the Old Ee of Wigenhale as also all the Land-holders in Watlingtone in a certain place called the Cornfen which extendeth it self from the Wroedike Westwards to the River of Wigenhale and from Poâ—dyke Southwards to Gerys dam and thence Southwards in the Newlande to Deylode Drove and from Wigenhaleâ—bedding to the River of Wigenhale Westwards and likewise all the Land-holders in the Towns of Roungeton holme in a certain place called Holme Bight which reacheth from Deyslode drove to Greene yates Southwards ought to contribute to the straightning of the said Rivers and Banks to be made in the before-specified places as aforesaid because they lay within the defence and safeguard and had or might have benefit or losse by the said Rivers and Banks And that all their Tenants likewise ought to make repair and maintain the said new Banks for the restraining of those Rivers within the before-mentioned limits when and as often as need should require And they said that this restriction of the said Rivers by the making of those new Banks in the places before-specified would be a secure lasting and perpetual defence to all the Banks and all the lands lying within the Towns and places aforesaid It was therefore ordained by the said Justices that the said work should be done accordingly In 11 R. 2. Sir Edmund de Thorpe and Sir Philip de Tilney Knights together with Iohn Marshall were appointed to view and repair the Banks c. betwixt Cattesbak and the Fen ende within the Town of Tilney The like Commission in 7 H. 4. had Sir Thomas de Skelton Sir Iohn de Rocheford Sir Pain Tiptoft and Sir Raphe de Shelton Knights Richard Norton Will. Ludington and William Snetesham for all those Banks Ditches and Sewers aswell upon the Sea-coast as otherwise belonging to the Towns of Tiryngtone Walpole Walton Walsokne Enemethe Welle Wigenhale Tylneye and Clenchwarton antiently ordained for the safeguard of those Towns and to proceed therein according to the Law and Custome of this Realm So also in 10 H. 4. had the same Sir Thomas de Skelton with Sir Edmund de Thorpe Sir Iohn Colvyle Sir Raphe Shelton and Sir Iohn Rocheford Knights Richard Norton William Rees William Ludyngton Laurence Trusebut and Richard Gegge for all those Sea-banks lying within the Town of Tyringtone for the safeguard thereof and to proceed therein as abovesaid In the same year the Abbot of Ramsey was impleaded for damages which were sustained by his neglect in repairing his proportion of Pokedike for his lands in Walsokne And in 8 H 5. Iohn Cokain Sir Thomas de Skelton Sir Iohn Colvill Sir Iohn de Rocheford and Sir Henry de Rocheford Knights Robert Tirwhit Richard Norton William Ludyngtone Iohn Benard Thomas Derham Nich Morys William Fulbarne â— and Robert Bird were assigned to view the Banks Ditches and Sewers in Tyrington Walpole Waltone Walsokne Enemethe Welle Wygenale Tilneye and Clenchwarton then broken and in decay and to take order for their repair with direction to do all things therein according to the Law and Custome of this Realm What they did therein I have not seen but soon after viz. in 1 H. 6. the King receiving information that the Banks Sewers c. lying betwixt the waters of Welle and the stream which runneth from thence to Salters lode and Wigenhale in this Province of Marshland were so torn and consumed partly with the violence of the tides and partly by the great flouds of fresh waters passing that way as that very much damage had hapned to the whole Country thereabouts constituted Thomas Duke of Eâ—eter Sir Thomas Erpingham and Sir Henry Rocheforth Knights William Paston Iohn Schuldham Simeon Fyncham Iohn Mannyng and Thomas Dereham Commissioners to view the same and to make such Agistments both for raising of new Banks where need should be and repairing the breaches and decays before-mentioned in such sort as they should deem most expedient for the safeguard and benefit of the Country Which Commission bears date at Swyneshed the xij day of April in the year abovesaid By virtue whereof the Shireeve of Norfolke had command to impanell Jurors and to bring them to Downham hithe upon Thursday next before the Feast of Pentecost then next ensuing Who then and there attending the before-specified Commissioners upon their Oaths presented that the Bank called Pokediche antiently made for safeguard of the Towns in this Province of Marshland and all the Lands and Tenements within the same was then so broken and ruinous that a great proportion of ground was thereby overflowed with the fresh waters to the extraordinary damage of all such persons as were Landholders or that did enjoy Common of Pasture or Fishing there And they said that the before-specified Bank could not be made firm and sufficient by any repair thereof the weaknesse of the ground whereon it stood considered and therefore they ordained and decreed that for the better preservation of all the Towns in Marshland aforesaid and of all the Lands within the compasse thereof that there should be another Wall or Bank made new on the North side of Salterys lode brink by all the Land-holders throughout Marshland and all the Inhabitants and Residents within the Towns thereof and of the Town of Wigenhale And that the said Bank so to be made new should be made and raised upon the North side of the great River which passeth from UUelle to Salterys lode and UUigenhale viz. from the shore of that River by the space of xxiiij foot as also to begin in that place called Salterys lode and to extend it self from thence to the Priory of Mullycourt Westwards And that the height thereof from Salterys lode to North delfe shall be five foot from the levell earth and the thicknesse at the bottom xviij foot and from Northdelf to the said Priory six foot in height from the ground with xviij foot in bredth at the bottom and xij at the top of good measure so that it might sufficiently keep out the water of
Hue aud Cry as also for blood shed within his said Lordship at all times of the year After this viz. in the same third year of the said King Henry the sixth William Babyngton Sir Iohn Colvyll and Sir Henry Rocheforth Knights Will. Paston Tho. Derham and Iohn Mannyng were constituted Commissioners to view the Banks Sewers Ditches Bridges and Causeys betwixt UUalpole and Tilney and to determine all things therein according to the Law and Custome of this Realm as also to take so many Diggers and Labourers upon competent wages as they should think necessary for that service in regard of the great expedition which through the decay of those works was then required Several other Commissions were afterwards issued out in this Kings reign to the like purpose scil in 8 H. 6. to Sir Henry Rochefort and Sir Robert Clyftone Knights William Pastone William Goodrede Thomas Derham Simon Fyncham and Thomas Shuldham for all those Banks Sewers c. in the Towns of Uppâ—welle Outwelle and Enemethe betwixt the River which goth from Wellynhee to the Priory of Mullycourt and the River which passeth from Enemethe unto the said Priory and to proceed therein as abovesaid In 22 H. 6. to Sir Thomas Scales Kt. William Yelverton Hugh Prior of Wirmegay Thomas Trusbut Iohn Fyncham Thomas Salesbury William Willy and Raphe Geytone for those throughout the whole Province of Marshland and the parts adjacent from Marham to Wigenhale and to do all things therein according to the Laws and Customes of Romeney Marsh. The like Commission had the said Sir Thomas Scales William Yelvertone Thomas Trusbut William Eweyn and Thomas Salisbury in 30 H. 6. So also had Iohn Earl of Oxford Iohn Viscount Beaumont Iohn Heydone Iohn Fyncham and Iohn Bekyswell for all those betwixt the waters of Wâ—lle and the water which leadeth from Welle to Salterys lode and Wygenhale In 21 H. 7 the said Bank called the new Pokedike was totally measured and then found to contain in length from the house of Iohn Pye at Salters lode unto the house of Iohn Bekeswell at Northdelf xviij furlongs and xxvij perches the repair thereof belonging as followeth viz. To the Tenants of the Lord Bardolf xxij perches To the Town of Wigenhale three furlongs xviij foot and four inches To the Towns of Tilney Islington and Clenchwardon three furlongs xviij foot and four inches To Tirington three furlongs xviij foot and four inches To Walpole three furlongs xviij foot and four inches To UUalton and Emneth three furlongs xviij foot and four inches To Walsoken three furlongs xviij foot and four inches To Iohn Bekyswell opposite to his house at North delf xv perches And from Northdelf to Mullycourt it contained in length xiiij furlongs and seven perches whereof the repair belonged as followeth viz. To Walsoken two furlongs xv perches five foot and four inches To UUalton and Emneth two furlongs xv perches five foot and four inches To Terington two furlongs xv perches five foot and four inches To Tilney with Islington and Clenchwarton two furlongs xv foot and four inches To Wigenhale two furlongs xv perches five foot and four inches Memorandum that upon the seventh day of Iuly 21 H. 7. every Acre of ground in Marshland was assessed at four inches for the maintenance of the said Bank But notwithstanding this care taken for repair thereof such was the wickednesse of some people that they divers times made breaches in sundry parts of it insomuch as complaint being made in Parliament Aº 22 H. 8. this ensuing Act was thereupon made WHereas before this time divers evill disposed personnes of their perverse and evill dispositions maliciously at divers and sundry times have cut cast down and broken up divers parts of the Dike called new Powdich in Marshland in the County of Norff. and the Broken dyke otherwise called Oldfield dyke by Marshland in the Isle of Ely in the County of Cambridge By reason whereof aswell by the great aboundance of the Salt water as also by the course of the Fresh water entring and coming into and by the said part of the said Ditches so broken and cast down the grounds and Pastures within the Countie of Marshland in the County aforesaid have bene divers and many times drowned and surrounded with the water aforesaid so that no profit thereof might be taken by the owners and occupyers of the said ground And the Inhabitants within the said Marshland and the Levell of the same many and sundry times have been not only put to importunate chardges and expenses to their extreme damage and costs but also to their grete undoings having lost much of their Cattel and Beasts then being and depasturing upon and within Marshland aforesaid to their grete damage and losse and to the grete decay of the Common welthe of the Country adjoyning to the same And also by reason of the same waters much people have bene drowned in their beds within their houses and have lost the most port of their goods being within the same For reformation whereof it is ordayned enacted and established by the King our Sovereign Lord by the assent of the Lords Spiritual and Temporal and the Commons in the present Parliament assembled and by the authority of the same that every such perverse and malicious cutting down and breaking up of any part or parts of the said Dikes or of any other Banks being parcell of the Rinde or uttermost part of the said Country of Mershland at every time and times hereafter from henceforth by any person or personnes committed and done otherwise than in working upon the said Banks and Dikes for the repairing fortifying and amending of the same to be taken reputed and adjudged Felony and that the offenders and doers of the same and every of them be adjudged and reputed Felons And that the Iustices of Peace of the said Counties of Norfolk and Cambridge in the said Isle at every of their Sessions within the said Isle and Counties to be kept by the authority aforesaid have full power to cause enquiry to be made after every such offence so at any time in form aforesaid hereafter to be committed and done and to award the like processe against every of the said offenders with like judgement and execution of the same if they or any of them be thereof found guilty by verdict or otherwise as the said Iustices have used and accustomed to do upon other Felonies being Felony at the common Law Which Statute was in 5 Edw. 6. by an Act of Parliament then largely made for the repeal of divers Treasons and Felonies cleerly repealed and made void But in 2 3 Ph. M. it was again revived In which year there were these ensuing Ordinances made upon the eighth day of April by the chief Inhabitants of this whole Country of Marshland and Town of Wigenhale touching the Old Powdike and Broken dike 1 That the said old Pow diche be sufficiently made
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
lost to the value of xl l. In this distresse the people of the Town fled to the Church for refuge some to Hay-stacks some to the baulks in the Houses till they were neer famisheâ— poor women leaving their Children swimming in their beds till good people adventuring their lives went up to the breast in the waters to fetch them out at the windows whereof Mr. Browne the Minister did fetch divers to the Church upon his back And had it not pleased God to move the hearts of the Mayor and Aldermen of Kings Lynne with compassion who sent Beer and Victual thither by Boat many had perished which Boats came the direct way over the soyl from Lynne to Terington 3 That the Creek which now runneth under Terington bank and underneath them hath within four or five years last past run half a mile off and that about xx years since it did run about a mile off 4 We think that the approach of the said Creek is the greatest cause of the decay and overthrow of the said Banks and that at this present the said Creek runneth where Banks have lately stood being xxiiij foot deep or more at a low water And that by the said outrage there are four other great Creeks worn in the whole ground to the Town-ward where there was Corn reaped the last Harvest whereof two of the said Creeks are fourscore foot broad a piece and neer xxx foot deep and are worn to the Town-ward within ten rod of the Indyke by the reflowing and ebbing of the waters from out of the Town to the Sea-ward and that these Creeks were so worn within the space of xlviij hours 5 We say that the Township of Terington standeth chardged with xiC Rod of Bank at xvi foot to the Rod which within 50 years last past cost making MMxx l. And that ninescore Rod part thereof have by the space of xx years last past been made with earth straw and wood at iiijl. the Rod per annum which is for every year 720l. There hath been more fourscore and two Rod part of the said Bank made very strongly with lime and stone which cost the first making betwixt xvi and xxl. the Rod amounting to MMMl. There was more six Rods of stone wall made which cost CCl. The yearly repair of the said stone walls having cost by the space of xij or xiiij years last past CCl. The repair of viiC Liiij Rode the residue of the said xiC rods cost seven years since CCCLxxiijl. and now upon this rage will cost more There are also two Inbanks lost by the said outrage which were made within ten years last past and cost CCCC l. Also one other Indike made the last year which cost making DXCviii l. and is now ruinated by this last rage to the value of Cxx l. There were also exposed to the Sea this last year without the said Indike Cxxxvi. Acres for which by the Law of Sewers an allowance of fifty shillings the Acre is and must be paid amounting to the sum of CCCxx l. 6 We say that the Salt Marshes of Terington are exceedingly worn away For the Kings Majesty had one Marsh in the occupation of Awdley Lad alias Baker or his assigns called the Gonge Marsh which by report hath contained about CCC Acres and within xxx years last past contained Lx. Acres which is now all worn to the Sea And his Majesty hath lost more within these xxx years C Acres of Marsh being part of other Marshes which the said Mr. Lad holdeth by Lease of his Majesty Which Marshes are as we suppose chiefly wasted or decayed for want of keeping and maintaining of divers Damms which are named and set down hereafter in the answer to the xiith Article 7 We say that the waters of Wisebeche and Elme have antiently fallen to the four Gotes as they now do and from thence they have fallen to the Sea within the memory of man more than a mile off from Terington Banks And it is very probable that in antient time they have fallen to the Sea much farther off But in our opinions upon our view taken they might be carryed at this time a neerer way to the Sea viz. from the four Gotes aforesaid over Tyd marsh and Sutton marshes unto a Creek there called Kings Creeke and there to fall into the deep called Lutton Leame and so to the Sea which is a shorter course for the River by vi miles and hath a much better out-fall 8 We say that all the Towns within the Isle which have been heretofore chardged with the maintenance of Wisebech River and such other Towns in Northamptonshire and Huntingdonshire bordering on the said Isle between Peterborough and Somersham who have heretofore contributed to the maintenance of Clows crosse drayne or Wysebech River shall in our opinions be benefitted thereby And the Towns of Walpole and Terington proportionably but for the portions of money to be particularly rated upon every several Town we leave it to farther consideration 9 VVe say that we hold it convenient there be a new Indike taken at Terington for the present and better preservation of the said Town but whether the said Indike will defend the Town any long time except the waters be diverted and the Marshes imbanked we know not 10 Nihil 11 Nihil 12 We say that these Marshes following are very much decayed for want of making and maintaining of Damms viz between one Marsh in the tenure of Awdley Lad and one other Marsh called the New marsh being also the Kings Majesties being in the tenure of Sir Robert Wynde or his assigns there is a Creek called Hurdle fleet which it x rod broad and xx foot deep within the levell soyl being on the East side of the Ewe marsh and the Myssâ—e which Creek continually floweth and refloweth dangerously over the Marshes But in the memory of man it hath not been Dammed neither can we present who ought to do the same There is also another Fleet called Ground fleet upon the VVest side of Ewe marsh and the Marsh of Mr. Iudde which containeth in bredth 5 rods and in depth xvi foot within the levell soyl which Fleet was never dammed within the memory of man There is also another Fleet on the VVest side of Mr. Iudd's Marsh and the Marsh of Edmund Riches that is in bredth four rode and in depth x foot which likewise within the memory of man was never dammed which said Fleets in our opinions are great occasions of wearing away the Marshes there There is also a passage way or Chase on the VVest side of Ewe marsh which is called UUaterlese diche and on the East side of Mrs. Rachell and Anne Deane and the Marsh of Nicholas Iudde Which Chase is not maintained with Damms as within the memory of man it hath been to the damage of the Marshes but who ought to do it we are ignorant 13 Nihil 14 Nihil 15 We say that in our opinions it were very convenient
for the Inhabitants of the said Town and that no Law of Sewers could compell them thereto and forasmuch as the King was Lord of the same Town which is likewise the Key and safety of other Towns of his Majesties adjoyning they humbly prayed the furtherance of the said Lords to the King to take care and consideration of them therein Dated at Kings Lynne 20 Ian. 1613. And to adde to these losses such were the Snows that fell in Ianuary and February ensuing which occasioned mighty flouds from the Upland Countreys upon their going away that a great part of this Country was overflowed with the Fresh waters viz. from their Bank called the Edge between their Towns and the Smethe unto the new Po dike through divers breaches between Salters lode and Dounham bridge Moreover about four years after viz. 15 Aug. 1618 16 Iac. the Inhabitants of this Country and parts adjoyning exhibited a Petition to the Commissioners of Sewers shewing that Lynne Haven was through outragiousnesse of the tides made much wider than formerly and did put the Country to an excessive charge in the restraining of its wearing more broad and deep and therefore desired that they would take view thereof and cause it to be straightned according to the presidents of former times limiting such fresh waters as did help to the increase thereof unto their proper out-falls The like Petition did they prefer to the Lords of the Privy Council the 13th of November following Whereupon there was this ensuing order made by that honourable board viz That a special Commission should be directed unto certain Gentlemen indifferently chosen out of all those parts together with the Mayor and some Aldermen of Lynne to consider of the conveniencie or inconveniencie of the work as also to what scantling it should be made narrower and the chardge thereof and so to proceed therein But to respite the executing of the said Commission till according to the Law made in August before for opening the Rivers of UUeland and Nene that work were done But if there were delay in opening of those Rivers and complaint made unto the said Lords thereof some course should be taken for their coercion for preserving of Marshland in the mean time also of the parts adjacent from eminent danger After this viz. upon the tenth of December An. 1619. 17 Iac. the Commissioners of Sewers sitting at Peterborough and having in consideration the setting up of a Sluse at a certain place called the Horshoo such was then the siding of the said Commissioners that the Jury became divided in opinion so that nothing being done therein they signified as much to the Lords of the Council VVhereupon the Inhabitants of Marshland exhibited a Petition to that honourable board imploring their care for the safety of that Country and intimatating that the erection of that intended Sluse would be an apparent overthrow thereof VVhich Petition occasioned the said Lords to write unto the before-mentioned Commissioners by which Letters they desired them to consider of the out-falls to the Sea before they drew down the waters from the high Countries that might oppresse Marshland and the low parts adjoyning in the Counties of Lincolne and Norfolk and wishing them that in case they should differ in opinion how these things might be best effected to make choice of two Commissioners out of each of their Counties who might be instructed to give them true information of their differences and that then they would endeavour to give such farther direction as might best advance the publick good with the least prejudice to the private Whereupon they met at Wisebeche and appointed Mr. Henry Kervill and Mr. Robert Balam with some others to take view of the danger of this Country on Tirington side by the fretting of the Chanel as it then ran and to certifie Who accordingly did view the same and certified that the Chanel of fresh waters as it then ran did very much hurt to Tirington and the whole Country of Marshland and that by conveying more waters that way the whole Country would be indangered and therefore for the beter safety thereof they expressed that they were of opinion that a new Cut made from the four Gotes over Tyd and Sutton Marsh unto King's Creeke would be the best issue for those waters the River Nene being brought from Pâ—terborough to Guyhyrne between sufficient Banks for the better grinding of the out-fall and that the River should be cut straight from the Horshoo to the four Gotes And in a Session of Sewers holden at King's Lynne 23º Iunii 6to Caroli recital being made that whereas the Land-holders of Elme Oldfield in the Isle of Ely at the like Session held at King's Linne 17 Apr. 8º Iacobi obtained a Law for the downfall of water in the said Oldfield Lands through the out-rinde Banks of Marshland under certain conditions and limitations expressed in the said Law and under the pain of xll. by them to be forfieted to the Kings Majesty his heirs and successors in case they should take in any waters out of any other fields in Elme or Welle and the abuse in execution of that Law had been very hurtfull and dangerous to the Country of Marshland and Town of UUigenhall in their several Pastures and fen-Fen-grounds by reason of the abundance of fresh waters coming out of the said Field at a Sluse made in Oldfield Bank called Brokendike more than the own waters of the said Oldfield did afford for that there was no provision in the said Law for stopping them up if they should take in or suffer any forein or other waters to come into the said Oldfield For under colour and pretence of the said Oldfield waters they took into the said Oldfield and Says field other waters and also other waters at the Sluse called Mildam and put into their Oldfield fresh waters out of the River for the filling of their Dikes and so when any great rain fell did put those warers into Marshland and also by means of not sufficient keeping and maintaining the River Banks against Oldfield at Lunges droves end that the River waters did run into the field there very extremely in wet winters and most especially the winter preceding And that whereas at a Session of Sewers holden at Beawford Hall by Fryday bridg 27º Martii 9º Iacobi by a Law of Sewers then and there made the Land-holders and others of Waterseye in Elme had a Drayn made from Fryday bridg in the Dyke of the North side of Needham dike being the Fence-dyke of Oldfield and Say's field and so to Welle and from thence into the old Pow dike of Marshland and so through the old Pow dike at Chamber 's house in Stow and so to the River of Ouse with certain Sluses made upon the said Drayn to stop and restrain the waters when they did arise and exceed the superficies of the grounds By reason whereof when the Slusâ— at
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
Sandy land under the two Sewers in Elme so that the water of those Fields may run at Rotispipe upon penalty of stopping all the said Sewers And they likewise ordayned that the Sewer on the Southside of the River of Wisebeche beginning from the Goule hirne may have its antient course from that Pipe unto the Pipe lying in Hillary diche under the Sewer of Elme and that the said Pipes be maintained by the Landholders in the new close of Elme and that the said Sewer have its antient course from that Pipe unto Newbridgg drove and there either a Bridge or a sufficient Pipe to be made opposite to the land of Robert Cake and that the said Sewer may have its course from that Bridge or Pipe unto the Pipe in Meesdrove lying under the Sewer of Elme And that the same Pipe be made and repaired in regard it was then broken by the men of Elme if the said Sewer will run any more And that the said Sewer have its antient current from that Pipe unto Ieconnesgate on the Southside of the Nether gate and that a Bridge be made neer unto the messuage of the heirs of Iohn Pateshull over that Sewer and that the said Sewer be clensed and digged whensoeâ—er and wheresoever need required and that the Droves be raised higher with the Earth which is digged out of the said Sewer And lastly they ordained that every Acre lying on the South of Wisebeche and every Acre on the Northside of Elme should pay a peny and more if need require for the repair from Iecons gate of that Sewer and to amend the Pipes and Bridges of the same Sewer and where need required to make them new And moreover that Ieconnesgate be amended and new made when need should be as also that every Field should make the Bridges and Pipes belonging thereto and clense and scour their own Sewers In 41 E. 3. Sir Iohn de Colvill Sir Raphe de Rocheford Hugh Lovet and others were constituted Commissioners for the view and repair of the Banks Ditches and Sewers lying upon the Sea-coast and otherwise betwixt Tyd brigg and the Town of Chaterys The like Commission in 42 E. 3. had Sir Robert del Isle Sir Hugh Lovet and Sir Iohn Vernoun Knights with others for all those in Wisebeche Elme Welle Marche and Marford in this County In 47 E. 3. Iohn Cavendish and other his associats Justices of Sewers by Virtue of the said King's Commission sate at Elme before whom it was presented by the Jurors that a certain Bank antiently made for safeguard of all those Lands betwixt the River of Wisebeche and the River of Welle beginning at the foot-path opposite to the Gate of Wisebeche Castle and so extending it self to Goneldich thence to Bensted hirne thence to Tilney hirne thence to Mareys gate and thence to Charitie Crosse and from thence to Uernouns Corner and so to the River of Welle was then almost broken and in decay by reason whereof divers Lands and Tenements within the precinct thereof were overflowed by the fresh waters to the great damage of all the Landholders there And they said that the said Bank did then contain no more than four foot in height And therefore for the better safeguard of the Town of Wisebeche Elme and Welle they ordained that the said Bank should be raiseâ— three foot higher so that the whole height thereof from the Levell ground might be seaven foot and the thickness thereof at the bottome xxxij foot and at the top xij foot so that the water of the Fen might not any way enter through the same Bank And that every one having Lands Tenements Common of fishing or pasture who might have safeguard defence or benefit by the making or repair of the said Bank or loss for the not doing thereof were obliged according to the proportion of their holding to make the same consonant to the Law and Custome of the Country so that the Lands on the South side the River of Elme should be agisted upon the Bank called the Byshopesoyke and that all other Lands and Tenements betwixt the River of Wisebeche and the River of Elme be agisted upon the Sea-bank and the Fen-bank of Wisebeche and Elme on the North side of the River of Elme And they ordained that it should be lawfull to any man making his part of the said Bank to the Fen to dig and carry away Earth for the repair thereof for the space of ten perches without the said Bank without the contradiction of any man as antiently they had used to do provided that they should not dig within the length of two perches thereof upon penalty of xxs. And they farther ordained that neither the Lord nor any Commoner should depasture any of his Cattel upon the same Bank except Sheep nor make any drists with Cattel over it for the avoiding of future damage thereto upon penalty of a peny for every Beast so driven or depasturing thereon by the knowledge or default of the owner to be paid to the Lord and Commoner to whom the repair thereof belonged so often as he should offend therein And that such Cattel as should be found there depasturing or driven in manner aforesaid upon the same Bank Sheep only excepted to be impounded by the Bayliff of Waltersey or Dike Reeves of Elme Wisebechâ— or Welle at Waltersey or in the Common pound of Elme Wisebeche or Welle now made or to be made by the Lord and Commoners and therein to be detained untill they should satisfy and pay the penalty aforesaid to be imployed in repair of that man's Bank which had received damage by those Cattel And they ordained that eight barrs should be made and set upon the said Bank to hinder the passing of Cattel upon it asweel of Strangers as Commoners the first at Waltersey by the Bishop of Ely the second at the Corner of Bensted hirne the third at Hunterstones by the Bishop and his Tenants of Hunterstones the fourth at the end of Waldersey drove by the Prior of Ely the fift neer the gate of Tilney House by the said Prior of Ely the sixt at Coldham hithe by the Lord of Coldham the seaventh at Charite Crosse by the Fields of Elme and the eighth at the end of Grenediche next to Welle and that the said barrs should be repaired and maintained when need required upon pain of xxs. to be paid by him to the Lord and Commoners who ought to repair them as often as any damage should happen to the Commoners therâ—by Provided nevertheless that every one at the making of his Bank might have free ingress and egress thereto and to amend the same as need requireth and that the penalty aforesaid should be imployed to the repair thereof as aforesaid And that every Dike Reeve of Elme and Wisebeche on the South side of the River of Wisebeche and likewise every Dike Reeve of Welle on the North side of the River of Welle might have power by
thence to Mareysdam thence to Charite Crosse and thence to Vernouns Corner and as to the making of the new Dich there from that place all along to the Bank of Welle and so to the River of Welle and likewise as to the eight barrs upon the same Bank they did assent to them all And as to Drayndike and Blakedike Floudgates and Crests within the same precinct they did also concur And as to the Agistment to be new made according to the proportion that every one held and the performance of all other things they could neither for themselves nor the Towns aforesaid gainsay them And therefore they did well agree and desire that all the same Ordinances so established as aforesaid should for the future be performed in every Article to the full according to the force and effect of them and for the accomplishment thereof they did severally oblige themselves without any contradiction And Iohn Payne who then prosecuted for the King required that Iohn Simmeson with the rest before-named should be compelled on the said Kings behalf for the performance of all the said Ordinances And because the Court was not then determined to give judgment therein it was adjourned until the Wednesday in Easter week Upon which day the said Iohn with all the rest came but then there was another adjournment viz. unto the Saturday next after the Exaltation of the Holy Crosse in the xlixth year of the said Kings reign At which time the parties above specified came again but then it was also adjourned untill the Wednesday in Easter week in the 50 year of the said Kings reign And at that time they put it off till the Monday after the Feast of S. Michael then next following Upon which day all the parties before-specified appearing and in regard that the said Iohn Simmeson and the rest could not say but that the Ordinances before-specified were necessary and good they obliged themselves to the future performance of them It was therefore decreed and ordained that the same should for the time to come be put in execution and accordingly there was a Precept issued out to the before-mentioned Stewart to distrain the said Iohn Simmeson for the new-making of the said Agistment according to the form of the before-specified Presentment and to bring the same so mâ—â—e under the Seals of the framers thereof before the said Justices at Ely upon VVednesday next before the Feast of S. Nicholas the Bishop then next ensuing at which time all the persons before-mentioned had warning to be there Who appearing accordingly the before-specified Steward required of the said Justices that the said Ordinances and Agistment might be ratified and confirmed Whereupon they ordained and decreed for the better safeguard of the said Towns and place that the Inbabitants of Wisebeche should be agisted upon that Bank and begin to make the same from the division betwixt Elme and Wisebeche viz. from the Stone Crosse neer the House of Lepers unto the Town of Wisebeche and thence to the River of Wisebeche directly to Griggeshâ—rne and to maintain and repair the same for the future as often as need should require aswell in thicknesse as in height according to the above specified Ordinance at their own costs and charges And that the Bishop of Ely for his Mannour of Walterse and for all his Lands in Wisebeche and Elme with in the said precinct excepting xxxv Acres of his land lying at the Cylere in Wisebeche and all others who had Lands Tenements Common of Pasture or Fishing in the said Town of Elme within that Precinct to be agisted for the making of the same Bank from Griggeshirne aforesaid unto Banstedhirne thence to Tilney hirne thence to Coldham hithe thence to Mareys dam thence to Charite Crosse thence to Vernoun's Corner and so upon the Bank to be new made there untill over against Welhirne drove where the Bank of Elme is divided from the Bank of Welle And that all the Inhabitants of Welle who had lands within the said precinct should be agisted for the making of the said Bank from that place opposite to Welhirne-drove unto Welleclote thence to Lakebrigg thence to the River at Upwell bridg and thence to Outwell bridge and thence returning back to Loundesgote at Elme And that the men of Elme who had Lands within the before-specified precinct should be agisted to make the Sea-bank from the said place called Loundesgote unto the Floudgates of Elme and thence to the Stone Crosse neer the house of Lepers which is the division betwixt Elme and Wisebeche All which Ordinances Decrees and Agistments aswel the parties above-specified as the Towns before-mentioned did consent and agree to hold firm and stedfast for ever In 48 E. 3. Sir Roger de Kirketon Sir Raphe Rocheford Sir Iohn Colvile Kts and others were assigned to view the Sea Banks and Sewers in the Towns of Leverington and Neuton and to take order for their repair After this viz. in 1 R. 2. there were certain Presentments made at Ely in a Session of Sewers held there on Wednesday next after the Feast of S. Nicholas concerning the Banks Ditches Sewers in Ely Dounham Littleport Hadenham Sutton Chateriz Dudington March Marchford Wittlesey Elme Welle Wisebeche Leverington Neuton and Tyd S. Giles and elswhere within the Isle of Ely the tenor whereof are as followeth viz. that for the better preservation and safeguard of the three hundred acres of land in the Town of Elme on the North side thereof lying in the fields called Townfield Halpenifield and Inhamfield there should be made one Bank upon the soyl of the said Town of Elme in the Parish of Elme for stopping of the salt water and the same to be done at the charges of all the Landholders in those fields Which Bank so to be made to begin at the Sea-bank at the Stone-Crosse being the division betwixt the Lands of Elme and Wisebeche and so to go Westwards directly to Cromediche upoâ— the land of Iohn Ristoft and thence directly to Illerisdiche in Hanc drove upon the land of Reginald Toftie and thence by a straight line unto Illiresdiche upon the land of Iohn de Waltersey thence to the Bank of Bekedale and there to be joyned with that Bank which Bank to be xxiiii foot in bredth at the bottom and in height four foot from the Level ground And that there should be three Sluses or more if need were in the Sewers of Elme under the said Bank for the letting out of the fresh water and likewise sufficient barrs to hinder the driving of Cattel to and fro upon the said Bank And they likewise said that there would need an acre of Iohn Ristoft's land valued at Lvis. viiid. and of Reginald Tofties an acre valued at xlvis. viiid. and of Iohn Walterse's one acre valued at xxs. and no more because it was low ground but if there were need of more then more to be taken when and where need required making allowance for
sewers where it divideth into two branches as before is mentioned And the one branch going South Eastward in form aforesaid extendeth in distance and length from the said great Crosse unto Shrewysnest point and so by the said South branch unto the said North Seas at K. Lynne aforesaid Liiij miles And the same River descending from the said great Crosse unto Shrewysnest point aforesaid and from thence by the North branch unto Outwell Sholle and so to the said North Seas is in distance xxxiij miles And from the said Sewer called Creeklode in March aforesaid unto the said North Seas at K. Lynne aforesaid by the said South branch is xlviij miles and by the said North branch xxviij miles And from the said Sewer called the Leame in March aforesaid unto the North Seas at K. Lynne aforesaid by the said South branch is xlvii miles and by the North branch aforesaid xxvii miles The decay of which said several Sewers with the Rivers Lodes and Drayns from them extending unto the said Town of Wisebeche they say be the chief and special occasions of the drowning aswell of the said Marish and Pasture in Upwell and Outwell as of the whole Countrey of Marshland and Wigenall adjoyning and in continuance of time as they think in their consciences will utterly drown the said Parishes and the said Country of Marshland unlesse the same decayed Sewers be scoured according to the antient Ordinances so as a great part of the said fresh waters of the same great Ee in March aforesaid may be conveyed unto the said North Seas by the Town of Wisebeche in manner and form aforetime used And they said that there is another great occasion of the drowning of the said Marish grounds by reason of the decay of the said old Sewer in Upwell aforesaid called Maide lode and a part thereof called Ship lode the which Lode beginneth at Welney water otherwise called the South branch coming from Shrewysnest poynt aforesaid and extendeth from thence unto a certain fen of the said Edmund Beaupre called Weeke fen and from thence into a certain place in Helgay called Shiplode Helgay house and there into the said great River of Ouse The which Sewer they say hath been most specially decayed by reason that there hath not been kept a good Sluce of stonework or timber with sufficient falling and hanging dores to the same to stop out the Floudsilty waters And also by reason that the same Sewer falleth not lower towards the said North Seas viz. at and against a certain place in Denver called Denver hithe at the which place they think it most meet for to set and build the said Sluce And they said that for the preservation of the said Sluce there ought to be a substantial Clouse of stone work and Timber with two sufficient drawdores to the same to be set within half a furlong of the said Sluce to stop the fresh waters aswell in the time of repairing the same Sluce as to keep and preserve a sufficient portion of waters within the said Drayn in the time of extreme drought Furthermore they said that forasmuch as there hath not been a substantial Bridge over the said Sewer called Maid lode of the length of xx foot next unto Welney water so as the same water at the entry thereof might have full passage hath been in like manner a great decay of the said Sewer And they said that the heirs of Richard Cranford ought to scour the said Mayd lode next from the said Welney water called the South branch by the space of one furlong at the widenesse of xx foot and of sufficient depth And next unto that the Inhabitants of Upwell and Welney ought to dike the same by the space of one mile for certain lands which they hold in common call'd Dunthorn's fens otherwise called our Lady fenns and one other mile for their Common called Blakmereshall And then the Landholders belonging to the Prior of Fakenham to scoure the said Lode called Shiplode by the space of half a mile And then the said Edmund Beaupre for lands belonging to Beaupre Hall in Outwell aforesaid half a mile And for his Mannour of Upwell late â—â—longing to the dissolved house of Ramsey half a mile And then Richard Fyncham Gent. for certain Fen grounds and Marish half a mile And the Landholders late belonging to the Monastery of Walsingham three quarters of a mile Then the Dean of Norwich for lands belonging to the late Celle of Monks in K. Lynne three furlongs and from thence to the said place against Denver hithe where the said Sluce shall be set the Townships of Denver Helgay and Fordham shall dyke c. the rest of said lode for four furlongs in consideration that they be not charged in any part of the said Sewer called Mayd lode and Shiplode and yet the same Townships shall drayn by the same Sewer by estimation a thousand acres of Common Fens and more And forasmuch as great Commodity shall grow aswell to the Inhabitants of Denver Helgay and Fordham as to the Inhabitants of the whole Countrey of Mershland and Wygenhall by reason that the same Sewer as well shall drayn the Fenns of Denver Helgay and Fordham as also shall receive the great abundance of fresh waters the which before this time have descended against a certain Bank in Outwell and Dounham aforesaid called the New Powdich being the only defence and safeguard of the same Country of Marshland and Wigenhall the which for lack of this provision at this present by them agreed have been divers times of late years drowned that in consideration thereof aswell the Inhabitants of Marshland and Wigenhall as of the said 4. Infields in Upwell and Outwell called Plawfield Kirkfield Budbeche field and Landy field shall bear and sustain the Costs in and about the sufficient making of the said Sluce and Clowes And that after the same Sluce and Clowes be well and sufficiently made that then the same shall be repaired at the Costs of the said Inhabitants and Landholders of Denver Fordham and Helgay aforesaid except when the yearly chardges in amending the same shall come to above the summe of xxvis. viijd. Also they said that there is another great destruction aswell to the said Fenns as to a great part of the low grounds within the I le of Ely by reason of the decay of the said drayn called in part New dike in Littilport aforesaid and in part thereof called Crikelode in Sothery aforesaid betwixt Sothery poole and Modney and there entreth into the said great River of Ouse And they said that the Bishop of Ely ought to scour the said Creeklode from the said great River of Ouse unto a certain place called the Willow by the space of two furlongs and then the Landholders of the Lands of late belonging to the Cellerer of Bury ought to dyke from the said Willough unto Pulver lake The Dean of Norwich for his Church of Fordham the Parson of Helgay for his
Church of Helgay the Landholders late Massingham's and the Landholders late Bexwell's ought to dyke the said Sewer against the late Landholders of the Cellerer of Bury from the said Willow unto Pulverlake And they said that the Landholders of the late Cellerer of Bury ought to dike the one half of the said Sewer in a certain place called the Middyl in Creeklode against all men by the space of two miles The said Landholders of the Lands belonging to Ramsey ought to dyke a certain place called Balkwere abutting upon Gnatlode by the space of a quarter of a mile The Dean of Norwich the Parson of Helgay the Landholders of Massingham's and the Landholders late Bexwell's ought to dyke the said Sewer unto four lodes end The Heirs of Tho. Butler of Helgay ought to dyke a certain place in the said Sewer called Hogges myddle by the space of one furlong The King for Lands somtimes the Duke of Gloucester's ought to dike at a certain place called the great Were against all men by the space of a mile The Landholders of the late Monasteries of Castleacre and Wendlyng and the Landholders late Bexwell's ought to dyke the other part of the said Sewers against the King for the space of a mile Then the Landholders late belonging to the said Celerer of Bury ought to make a Shetting middyl in the said Sewer by the space of a mile and more The King for Lands somtime the Duke of Gloucester's ought to dyke a certain place called Chattyngs in the said Sewer by the space of half a furlong and more And the Landholders late belonging to the said Celerer of Bury ought to dyke a certain place in the said Sewer called Stream middyl by the space of a mile and then the Landholders of the late Priory of Modney ought to dyke the one half of Unge medyl in the said Sewer by the space of two furlongs against the Landholders of the late Monastery of Thetford The Heirs of Iohn Ashfeild the Landholders of the late Monastery of Ramsey somtime Nicholas Gunne's ought to dyke the said Sewer against the said Landholders of the late Priory of Modney And the Landholders late Iohn Ashfeild's ought to dyke at a certain place in the said Sewer called Lod were by the space of two furlongs The Landholders of the late Monastery of Thetford and the Landholders late Iohn Champayne ought to make the other part by the space of two furlongs The Landholders of the late Priory of Modney ought to make the one half of a certain place in the said Sewer called Bullings against the Landholders of the late Monastery of Ramsey by the space of two furlongs and more And the Landholders of the said late Priory of Modney and Massingham's ought to dyke the said Sewer called Credy-middyl by the space of one furlong The Landholders of the late Monastery of Thetford ought to dyke in the said Sewer called Iolles-middyl by the space of a mile The Township of Litilport the Landholders sometime called Nicholas Orme and the Earl of Worcester ought to dyke the said Sewer called New dyke unto the said South branch called Welney water by the space of a mile And that the persons chargable with the making scouring c. of these Sewers shall have the Fishings so far as they are so charged Also they said that there is another occasion of the drowning of the said Marish and Pasture grounds and of the whole Country of Marshland which is the decay of a certain River parcell of the North branch extending from Shrewysnest poynt unto Outwellsholl the which decay beginneth at a certain place in Outwell aforesaid called Saltham lake and extendeth to a place in Downham called North delf and so to Salters lode The which River ought to be in bredth in the narrowest place of the Chanel xxiiij foot and of convenient depth And of the bredth and depth aforesaid by the Inhabitants of Marshland and Wygenall from the said place called Salthamlake unto Salter's lode And they said that there is a certain Bank before remembred called the New Powdich set in Outwell and Downham aforesaid on the East and North part of the same River aswell for the safeguard of certain low grounds in Downham Outwell Wimbotesham and Stow Bardolf aforesaid as also of the whole Country of Marshland and Wygenall for and against the abundance of fresh waters descending to and against the same bank the which Bank beginneth at the South end of the Parish of Outwell aforesaid and extendeth South Eastward unto Mullycourt drove thence to Saltham lake thence to North delf in Dounham and thence to Salters lode and adjoyneth in part thereof to the East side of the said River and in part to the North side thereof Which Bank by all the limits thereof ought to be in bredth in the foundation xviii foot at the least and in the top xii foot And in height from the plain ground unto the top thereof from the said Saltham lake unto Northdelph six foot of lawfull measure and from North delf unto Salters lode in height five foot of like measure And they said that the Landholders of those lands in Outwell aforesaid in certain fields in the same Town called Mutlycourt field Sandy field Out-Sandy field alias Blewick field and Powdich field ought to maintain the said Bank from the Towns end of Outwell unto Mullycourt drove at their costs And the Dean of Ely for the said late Priory of Mullycourt from Mullycourt drove unto Saltham lake And the Inhabitants of Marshland and Wygenhall from the said Saltham lake unto North delph and from thence unto Salters lode c. And they said that the decay of the said Bank hath grown most especially by reason that the Earth taken for the repairing thereof hath been dyked and cast from the foot of the said Bank whereas by the antient Ordinances it hath been appointed to be taken on the South part and West part of the said River adjoyning to the said Bank in time of Summer and in the Winter upon great necessity the Country of Marshland and Wygenhall to take their manure in the common Fenns of Outwell and Dounham on the East part and North part of the said Bank in distance xl foot from the same And they said that there is another Bank extending from Salters lode aforesaid unto Dounham brigge and thence unto Stow Bardolf houses and so by the same Houses to Staple were in Stow Bardolf aforesaid made for the defence of the several and common grounds and Marishes of Dounham Wimbottesham and Stow Bardolf for and against the Floud and Spring waters coming out and from the North Seas at King's Lynne aforesaid the which Bank viz. from Salters lode to Dounham Bridge ought to be in bredth in the foundation xviii foot and on the top xii foot and in sufficient height for the defence of the floud And that the Inhabitants of Dounham ought to repair the said Bank from Salters lode
Outwell Shâ—ll unto North Delph And in like manner under the said Bank called the New Pow diche and from thence in a Sewer for the waters of both the said Fields called Plawfield and Kirkfield by and through the Common of Outwell aforesaid called Mullycourt Drove and so forth in the same Sewer or Drayn unto a certain place called the Sumptes against the Meadow of the said Edmond Beaupre called Galcroft and from thence unto a certain Bridge called Angle brigge in the Common of Outwell aforesaid And from thence unto a certain Sallow ground of the said Edm. Beaupre called Hodg hirne and there to enter into Rightforth lode which Lode beginneth at the South Corner of Hodges hirne aforesaid and extendeth from thence between the Common Drove of Outwell on the one part and the Marish and Fenn of the Earl of Arundell called Bardolf fenn on the other unto the North Corner of Hodges hirne And thence right forth between the Marishes and Fenns of the said Earl on both sides unto a certain place in Stow Bardolf aforesaid called North hooke and thence directly in a Drayn to Stow bridge in Stow Bardolph aforesaid and there through a Sluce of Stone and Timber into the great River of Ouse Also they said that for the safety of the field called Budbech field in Upwell and Outwell there ought to be made a Drayn by the Landholders of the same Field from a certain place in Upwell called Dod's style by divers heddings unto Pyes drove in Upwell aforesaid and there to enter into a Pipe or Gote of stone under the same Drove and from thence directly in a Dike between the Drove called Mayers drove of th' one part and the Lands of the said Rob. Dannet the Lands of the King as in the right of the said Monastery of West Dereham the Lands of the Dean of Ely and the Lands of Iohn Fyncham Gent. the Lands of the Heirs of Anth. Croftes the Lands of the Heirs of Edm. Chatterys the Lands of Iohn Coney the Lands of Reynold Hilbrond the Lands belonging to the Parsonage of Outwell and the Lands of the Heirs of Croftes and the Lands of the said Ric. Fyncham on th' other part and so in a Dike unto the Lands of the said Iohn Fyncham and then in a Dike between the Lands of the said Iohn on th' one part and divers men on th' other part unto the Yard stead of the said Iohn somtime Thomas Hollows of Outwell aforesaid and there to be made a Dam between the said Lands and the Lands of Iohn Coney And from thence in a Dike between the Lands of the said Iohn Fyncham unto the front of the said Iohn in Owtwell aforesaid and there to enter into a Pipe or Sluce of stone and Timber under the same front and also in the same Sluce under a certain River in Outwell aforesaid called the Little lode the which River divideth the said Counties of Norff. and Cambridgshire and so forth in the same Pipe into the said Field called Sandyfield and thence in a Drayn between the Lands of the said Edm. Beaupre called Reynolds of the one part and the Lands of the said Iohn Fincham on the other unto a certain pasture ground of the said Edm. Beaupre called the Upward and so in a Dike between the Lands of the said Edmund on both sides unto a certain pasture of the said Edm. called the xx Acres and there to enter into a Pipe or gote of Stone laid between the Lands of the said Edm. on both parts and from thence into a Drayn or Sewer by or through the grounds of the said Edmund unto a certain gysted Dike of the said Edmund called Blewick dike and there to enter into a Pipe or Sluce of Stone under the same Dike and then into a Drayn or Sewer aswell for the waters of the said Sondyfield as for the waters of the said Field called Budbech field and from thence in the same Sewer for both the said Fields called Budbeche and Sondy field by and through the Common of Outwell called Blewick fen unto the said place called Hodges Hirne and there meeting with the said Drayn for the said Fields called Plawfield and Kirk field to pass forth with the same by and through the said Sewer called Rightforth lode by and through Bardolf fen unto North hooke aforesaid and from thence unto the Pipe or Sluce at Stow bridge aforesaid and by and through the same into the great River of Ouse And they said that the said Drayn for Plawfield aforesaid ought to be in bredth from the said place where it beginneth unto the said Sluce lying under Small lode 8. foot and from the said Sluce by all the said Drayn unto Hodges hirne 8. foot and from thence unto Rightforth lode at a place called Hodges hirne 8. foot wide And the said Sewer for Budbech field to be in bredth from the said place where it beginneth unto the Pipe under the little lode in Outwell aforesaid 7 foot And from thence unto the said Sluce lying under the said Blewick dyke 7 foot And from thence unto Rightforth lode to be in bredth in the narrowest place of the same xij foot and so to Stow bridge and that they be made of depth according to the wideness All which Sewers and Drayns to be kept and maintained at the charges of all and every person chargable to the making of them After this viz. in 13 Eliz. at another Session of Sewers it was presented by the Jurors scil 1. That the Sea-bank beginning at Tyd gote in Tyd S. Giles adjoyning upon the County of Linc. and so leading to a place called the Horshooe being in great decay be made in height xx foot above the Saltmarsh and in bredth six foot by the Inhabitants of Tyd Newton and Leverington And from the Horshoâ—e unto Crabmarsh gate of the same bredth and height by all the Lands in Estfield And thence to the Sluce of Wisbeche Which Bank from Crabmersh gate was decayed in Bishop Goodrick's time and part thereof carried by the â—onsent of the said Bishop for the pavement of the Market place in Wisbeche and part by Mr. William Blomfield for making of a Windmill there 2 That the Bank called Whymeydike beginning at the Sea bank end at the Horshooe in Leverington ought to be made unto Coxe corner in Wisbeche above the brink of the water xx foot and in bredth 8 foot And from Coxe Corner the old Market of Wisbeche the Ee banke to Newdike end alias Lentshurne beyond Bevys Hall on the North side and West side of the said Rivâ—r to be made in height xii foot and bredth xvi foot by all the Landholders on the North of Wysbeche And that Newdike from Lyntyshirne unto the farther Crosse at Guyhirne be made in height xvi foot and in bredth xii foot by the said Landholders on the North of Wysbeche 3 That the High Fendike beginning at Guyhirne crosse and so leading to
to the Sluse by Ouse Cxiiii Rods and a half And they then also decreed that for taking away of the Sock of Bishop's dike and better drayning of this Fen a Drayn should be made under Bishops dike within the said Fen xxx foot at the least from the said Bishop's dike in bredth x foot and depth ..... the menour whereof to be cast towards Bishops dike The which Drayn to begin at Fenbridge and to go to the Barrs that part the Fen in the possession of Alex. Baalam Gent. c. thence to a pair of Barrs standing on Bishops dike next to the West corner of Malles fen then to the Drain called Langbech thence to Dods stile and thence under Greendike to the Sluse lately erected at S. Christopher's Chapel And that there should be another Sewer made from Hall's fen to the said Sluce at St. Christopher's Chapel And likewise that an antient Sewer belonging to the said Fen called Knights dike beginning neer Benford's Hall now Mr. Alex. Balaam's house and so passing under Needham dike on the North so unto Elme drove and thence to the Drove in Buriall field neer S. Christopher's Chapel should be kept and maintained in bredth xii foot and in depth five And moreover that the agisted Dike called Ea brinke beginning at Needham dike and extending from Maryes dam unto Dod's stile should be from time to time repaired And that for default in payment of the Acre-shot the Dikereeves to levy for every iiiid. by them expended vid. and for every iiiid. unpaid to levy vid. Likewise that an Indike be made on the North side of the Sewer extending from Hodghirnâ— through Bardolph fen and a new Sluse neer the River Ouse at the East end of Common lode and an Acre-shot of xiid. the Acre imposed upon all the lands in Nedham and Buriall for supporting the charge thereof And that for default in payment of the Acre-shot distresses should be taken and sold restoring the Surplusage in any Market within ten miles And at a Session of Sewers holden at Lynne Regis ult Sept. 33º Eliz. before Sir Iohn Peyton Knight Nich. Hare Hâ—mfr Guibon Edm. Bell Rob. Forest Tho. Oxburgh Alex. Balam Iohn Willoughby and Miles Forest Esquires it was farther ordered that whereas the Acreshots imposed upon Richard Fyncham Gent. towards the drayning of Nedham fen amounting to xxxvil. viiis. were not paid noâ— any distresse to be found upon the grounds charged therewith and that Rich. Fyncham and Rob. Fyncham interessed in the reversion of the said lands did refuse to pay the same that Iohn Fyncham of Upwell Gent. having paid the said sum to the Dikereeves should have the said lands for a certain term of years Upon the 19 of Sept. 39 Eliz. at a Session of Sewers held by Edmund Bell Iohn Reppes Tho. Hewar Tho. Oxburge Rich. Ogle Anthony Irby Alexan. Balam William Guibon and Iohn Hunt Esquires there were certain Laws and Ordinances made concerning the course of Welney stream and Welle stream with other Sewers the substance whereof are as followeth viz. Whereas it is evident that not only the Rivers of Grant Nene Ouse and Weland but the land-waters from the Counties of Hunt Northampton Cambr. and Norâ—f and some part of Suff. which border upon the Isle of Ely do stay in the Fenny grounds of the said Isle c. forasmuch as neither the several Rivers nor the other streams that are fed with the same as March stream the New Leame the west-West-water and divers Lodes within those limits be sufficiently clensed not imbanked for the ready conveyance of them to the Sea by means whereof the Out-ring Banks of Deping Croyland and South Ea in Com. Linc. and the Fen dike Waltersey Bank Bishop's dike Elme Ee brinke Coldham and Redmore Bank in the said Isle of Ely and the out-ring of Marshland as also the New Powâ—ike in Com. Norff. are in years of water much chargable to the owners and Inhabitants of those Countries and those Fenny grounds lye unprofitable The said Commissioners deliberately considering the redress do conceive that by renewing of the former depth and wideness of those Rivers Lodes and streams as also of the decayed Banks and by farther imbanking in places convenient the said Marish grounds will be perfected or much amended and therefore did ordain that Welney stream and Well stream from Litelport Chayre to Well ea and so towards Elme as the same have been accustomed to have their fall And March stream unto Shrewysnest where it falleth into UUell stream As also that the water of South Ea antiently called the Old Ea from Clow's Crosse unto Guy hirne before the x of December which shall be in the year 1598. shall be clensed and scoured by such as were to do the same And that the Lode called Small lode from the great River in Upwell to Ingram's hyrn be scoured by Sir Iohn Peyton Knight Dame Dorothy his wife or Edm. Bell Esquire for their lands in Upwell and Outwell parcel of the Possessions of the late Abby of Dereham and thence to Seman's goole and thence to Northdelph by those whose lands lye adjacent thereto So also Darcey-lode and Coxlode Likewise that Maid lode and Ship lode and the moytie of London lode which endeth at Northdelph should be perfected the Banks to be made in the bottom xvi foot and four in the top and five foot in height And the said Maidlode to be five foot deep and xxx foot wide by the space of the first 2 miles thereof And for the next two miles in wideness 25 foot and for the residue of the same and Shiplode xx foot with a Sluce at its fall into the River of Ouse in widenesse xii foot of water and in depth below the low-water-mark of the said River as it hapneth to be about Bartholmew tide all to be done by those that have interest of Common in Neatmore And the other moytie of London lode beginning at Upwell Causey to be done by the Inhabitants of Upwell for the residue of their Common called Neatmore lying without the limits Likewise that a Tax of x s. the Acre be imposed for erecting of Sluces heightning of Banks and making of Drayns and in default of payment thereof the one half of their lands who shall neglect to be sold. Moreover that for drayning of Denver fen a Sewer of xviii or xx foot in bredth be cut through the same to the great River of Ouse and a Sluce at its entrance thereinto And that the Bank called the Causey extending from the Crosse at Upwell Town 's end unto London lode head and the Bank called the Indike leading from thence by the North side of London lode to Welle streme at Northdelph with sufficient Indikes to the said Bank and Causey should before the first of Ian. next following be made and maintained of the like widenesse height and bredth as those that should be Purchasors or Lessees did or should make theirs between London lode
from credible testimony viz. that upon the cutting of certain Moats by Francis Underwood Esquire at Wittlesey where he hath made a pleasant and commodious plantation within lesse than xx years last past there was found at seven foot deep through absolute Moor firm ground and swathes of mowed grasse lying perfect and not consumed which cleerly manifesteth that through some excesse of rain falling in the Summer time there hapned such a floud of the fresh waters as then meeting with an obstruction at the out-fall in regard of the silt there contracted by a long season of dry weather it did so hinder their usual current to the Sea that being forced back they not only overflowed the whole Levell but have ever since till the late undertaking whereof I shall speak anon kept it for the most part under water But I dare not adventure to say that this was the only cause thereof there being something else which no doubt might be concomitant viz. the usual flowing of the tides much higher upon the coasts towards Lenne than formerly for that they long since did so is easily demonstrable there having been of late years found at the setting down of a new Sluse a little beneath Magdalen fall which is about half a mile from Magdalen bridge on Marshland side about xvi foot deep in the earth a large flat stone of about eight foot in length and a Cart wheel neer unto it which were taken up by certain workmen imployed be one Mr. Emerson in that businesse And at Wigenhall S. Maries which is not far thence at a place called Wathden there are still to be seen some remainers of a Church as also bones that appear at a low ebbe upon the River side about 8 foot below the present superficies of the earth The like is also observable at UUigenhall S. Germans the floor of the Church there being at least seven foot lower than the high water-mark of the Ouse which River running by the Church-yard side is kept off by a strong and large Bank from drowning the Country Nor is it any thing else but the same rising of the usual tides to a greater height than formerly which hath so widened the Chanel of this great stream at Lenne that the Inhabitants have been constrained to remove one of their Churches to a farther distance from it as is yet to be seen in that part thereof now called old Lenne where the bones of the dead which were buried in that Church-yard are now dayly washt at every high tide by reason that part of the same Church-yard is consumed away with the violence of that current As for the Trees which he so magnifieth for their length without knots I believe they were Firr no other timber affording such straightnesse and height of which kind there have been many digg'd up of late years in those parts But when it was that this obstruction whereof I have thus taken notice hapned I could never yet discover nor the exact time that the course of the Sea did thus alter I shall therfore for want of better light therein descend to the beginning of K. Edw. the first 's time and observe from our publick Records the extent of the Fens belonging to divers Towns in this County wherein the Inhabitants had Common which were as followeth viz. of Soham ten miles and two in bredth viz. from Ayornemere to Alwoldingewere Iselham six miles in length and in bredth one viz. from Mildehale fen to the Fens of Soham and Ely Of Wykes two miles in length and one in bredth viz. from Alwoldingwere to Strem-lake besides a Fen in another place of one mile in length and in bredth half a mile scil from Huppewere to the Town of Wykes Of Fordham a Marsh called West fen containing six furlongs in length and as much in bredth extending from Nesdam to Hopperislane with another Marsh called Nort-fen in length two furlongs and bredth one viz. from the house of Walter fitz Robert to the Messuage of Maud de Somere Of Sneilwelle four furlongs in length and two in bredth viz. from the Fen of Chippeham to Holme melne besides the Marsh of West fen containing half a mile in length and one furlong in bredth viz. from Preeruspend to Calvenebreg Of Landwaye half a mile in length viz. from Brounisdam to Illingworthe Of Borewelle six miles in length and three in bredth viz. from Rech lode to Nesdam besides part of Est fen containing four furlongs in length and two in bredth viz. from Nesmelne unto Borewelle field Of Chippeham six furlongs in length and three and an half in bredth viz. from the said Town of Chippeham to Sneilwelle fen Of Swafham Priors in length from the Town it self unto the River of Grante containing three miles and in bredth from the Lode of Reche to the Lode of Swafham Bolebek containing a mile and half The bounds of the Heath there extending from the Crest of the great Bank unto Tweynhowes in length one mile and in another part of that Town field to Smathowe being as far Of Bodekesham in the Fen of Stowbrigge unto Swafham Bolebek Lode two miles in length and as much in bredth Of Wilburham parva from the Town it self to the upland of Stow ....... and in another place to the River which extends it self from Halke milne to the Mill at Fosse And of Wilburham magna from Lidene unto Wateholme Thus much for the extent of the Fens belonging to the before-specified Townships In 1â— E. 1. the Causey betwixt Saham and Stuntney with the little Bridges belonging thereto was in great decay the King therefore assigned Thomas de Weyland and Richard de Holebrok to enquire by the Oaths of honest men of the Country who ought to repair the same After this there were some Commissions for the view and repair of the Banks Ditches Sewers within this County in general and some wherein certain of the adjacent Counties were joyned viz. in 31 E. 1 to Iames Beauvoys Robert Hereward William de Estdene and Hugh Vicar of the Church of Elme for those in this County alone In 2 E. 2. to Ranulph de Friskeneye Geffrey de Colevill William de Spanneby and Roger de Cubeldyk for those throughout the whole County of Lincolne and this Shire In 4 E. 2. to William de Ormesby William de Estdene â— and Henry de Walpole for those in this County only In 10 E. 2. to Geffrey de Coleville and Roger de Seiton for the same In 12 E. 2. to Robert de Maddyngle Iohn de Fitton William de Rungeton Iohn de Hotoft Laurence de Holbeche and Iohn de Cantebrigg for those in this County as also in Norfolk Lincolne and Northampton shires and the Confines thereof with power to constitute trusty Dykereeves for the safeguard of the said Banks Ditches and Sewers throughout all those parts In 15 E. 2. to Michael de Meldon and Roger de Beler for the same Counties
the first Presentment or Judgement to charge every man in particular according to the quantity of his land 3. that they had not power to commit to prison persons refractory to their Orders and lastly that actions of trespass false imprisonment and other processe at the Common Law have bâ—en brought against some of their Officers for executing their Decrees and Warrants their Lordships finding in their Wisdomes that it could neither stand with Law nor common Reason that in cases of such great consequence the Law can be so void of providence as to restrain the Commissioners of Sewers for making of new works to withstand the fury of the waters aswell as to repair the old where necessity doth require it for the safety of the Country or to lay a charge upon the Towns or Hundreds in general that are interessed in the benefit or loss without attending a particular Survey and admeasurement of Acres when the service is to have speedy and suddain Execution or that a Commission that is of so high a Nature and of so great use to the Common wealth and evident necessity and of so antient jurisdiction both before the Statute and since should want means of coercion for obedience to their Orders and Decreesâ— whereas upon the performance of them the preservation of many thousands of his Majestiâ—s Subjects lives goods and lands did depend and it plainly appearing that there would be a direct frustrating and overthrow of the authority of the said Commission if the Commissioners their Officers and Ministers should be subjâ—ct to every sute at the pleasure of the Delinquent in his Majesties Courts of the Common Law and so to weary and discourage all men from doing their duties in that behalf for the reasons aforesaid and the supreme reason above all viz. the salvation of the King and people did order that the persons formerly committed by that Board for theâ—r contempt concerning that cause should stand committed untill they did release or sufficiently discharge such actions sutes and demands as they did bring at the Common Law against the said Commissioners of Sewers or any their Officers c. The opinion of Sir Henry Hobart Knight Attorney general to King James touching the making of new Drayns the Case of the new Drayns made in the Isle of Ely and the Taxation set for the same being thus 1 THat the grounds now sought by these new Sewers to be won and drained are such as naturally and antiently were dry grounds and not continually overflown so as they were truly land and not water and are still to this day dry half the year and sometimes in good years longer 2. Nextly that there have been alwayes notorious and common Drayns maintained at publick charge for the conveying away of the waters in times of downfall or other overflows 3. Thirdly that the said antient Drayns cannot now possibly were they never so well maintained drayn the Country because their conveyance whilst they were in use was into the Sea running out at Wisbeche from whence the Sea is now departed so that there is no way now to carry these waters to the Sea but by Lynne Haven to which therefore these works are made to carry them ¶ The case I say standing thus in all these parts I am of opinion that the Law of Sewers lately made for these new works is warranted by the Commission of Sewers and that a Tax may be set aswell for the making and maintaining of it according to the meaning of the Statutes and Commission as it might have been for the old if they had remained still in use And therefore I am of mind plainly that though it may seâ—m still within the power of the Commission by the Letter of it to maintain the old Sewers yet the Commissioners cannot now enforce the mâ—intenance of them when they are no longer indeed Sewers nor benefit nor damage can arise by them for Sewers are made and maintained for the land and not the land for the Sewers On the contrary when they fail reason teacheth and necessity enforceth some other remedy be found in supply of it And the words of the Commission have it plainly that gives power in one Clause to make necessary and behooffull Laws for the safeguard and preservation of the lands lying to the premisses which premisses being restrained as much as may be to the Sewers yet the lands lying to them must be understood the landâ— about them or for which they were wont to serve So that the safeguard and preservation of the lands is the principal end of the Commission which being not to be preserved by the old Sewers are by this Clause to be preserved at largeâ— that is as best may be and by the Judgment of the Commissioners shall be found necessary and behoofull which words and meaning are satisfied in this case Henry Hubbert Nor do we want examples of greater antiquity for such new Cuts and Drayns the names of divers which to this day continue manifesting the same as 1. New-ditch alias Lents hirne in Wisebeche 2. Newdike in Buriall field in Welle 3. Newdike in Witlesey a very fair Sewer Newdraine there also xx foot wide 4. Newdrayne from Croyland to Spalding 5. Newdike alias Sandy dyke there also 6. Newdike in Neatmore in Upwell 7. New-leame there fifty foot wide 8. and New-leame in Chateriz and March Nay it is very evident that even the great Rivers themselves have for the like respects been diverted from their antient and natural Chanels For 1. The River of Ouse its outfall by Wisbeche decaying was not only cut straight but by a new River made from Littleport Chaire to Rebbech was let fall into Ouse parva or Brandon water and thence by Salters lode to Lynne Haven its former course from Littleport being by Wellenhee to Welle and so to the North Seas at Wisbeche 2. The West-water a part of Ouse magna having its course from Erith bridge to Chateriz ferry and thence to Benwick and so to March was for the crookednesse of the way conveyed by a new passage called the Leame through Chateriz Dodington and March and thence by Elme Leame to Wisbeche a course of xvi miles and so continueth all this way 3. Moreton the worthy Bishop of Ely in the time of K. H. 7. to avoid the many and crooked passages in the River of Nene between Peterburgh and the Sea by the way drowning many thousands of Acres out of the whole ground made a new River now called Morton's Leame or the New Leame xl foot wide and 4 foot or more deep viz. from Stanground steafe to Guyhirne being a course of xii miles long at the least and continuing the same through Wisbeche â— for the more speedy delivery of the waters attempted to cut through the Sea-dike to Wisbeche at Bevys-Crosse and again at Eastfields end nigh the Horshooe in Leverington which Banks were in lesse than xxx years before ordained by Commission to be maintained id
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
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
which might be perfected And that those works ensuing mentioned in the said Law should proceed and be perfected viz. the River of Ouse Sutton-lode London lode and Mayd lode and that the Decree made at Stilton 30 Martii then last past should stand in force And upon the xix of Iune then next also ensuing in farther prosecution of this great and necessary work the said Commissioners exhibited a Petition to the Lords of the Privy Council Shewing That whereas sundry Sessions had been held by them since his Majesties Commission for Drayning c. was on foot and nothing effected through the variety in opinions of the said Commissioners but instead thereof much charges lost and that many parts did thereby suffer and undergo great danger And therefore desiring that for the safety of those Countreys so endangered and prevention of farther delays their Lordships would please to direct that at the Sessions to be held at Peterborough on the last day of that instant Iune one of the Clerks of the Council might be there present with them to take a view of the Outfalls if need should require who as a person indifferent might inform their Lordships of the fecibleness of the work and of the fittest means to effect it without or with the least loss to any part And that a certain and constant course might be by their Lordships directed whereunto they all expressed themselves willing to submit Upon which Petition it was then ordered by the said Lords that Sir Clement Edmunds Knight should meet the said Commissioners at Huntingdon for accomplishment of their desires in the view of the Out-falls c. And upon the xijth of August next ensuing at a general Session of Sewers held at Huntingdon aforesaid there were appointed three Commissioners of every County to accompany the said Sir Clement Edmunds in that service Who accordingly performed it and gave in this following Certificate to that honourable Board viz. 1. That the River of Ouse in time of flouds had in former times certain Slakers or bi-Sewers to receive part of the water wherewith it was overchardged whereof the West water at Erith brigge was one which now for want of clensing falleth into the Ouse whereas it should pass from it 2. That the said River was from Huntingdon to the high Bridg at Ely much choaked with Weedes and stopped with weres and in divers places made shallow by Gravels and Fordes which they call Hards 3. That the Haven of Lynne was through the violence of the Tides and the great fall of Fresh-waters grown much wider than it had been to the endangering to Marshland 4. That the River of Nene is also much stopped and choaked up so that it passeth not out totally at Wisbeche which is its proper out-fall and that below Wisbeche it was found neer the out-fall six foot or more higher in the bottome than it had been heretofore so that whereas the Inland waters at Guyhirne which had formerly 5 foot fall were not only stopt but the River fell back upon them Whereupon a Law of Sewers was made by the Commissioners for the amendment thâ—reof 5. That a Sluse made upon that River formerly to the great charge of the Country stood not 7. days but was blown up by the Tides Nevertheless that it was agreed that after the River was again clensed to a sufficient depth there should be a new Sluse there erected if need required But as to the performance of this work for matter of charge there was a great difference between the Town of Wisbech and the Inhabitants of the Upland Countries forasmuch as the said Town insisted upon a considerable help from them towards the charge thereof alleging what benefit they would receive thereby 6. That the said water of Nene not having a free passage by Wisbeche but dividing it self into divers parts did great hurt by overflowing the Country about Thorney and Crouland and that in 38. Eliz. there was a Drain agreed on for the passing away part thereof at Clows crosse which Sewer lying x. or xij foot lower than the Level above was conceived to be the best drain to regain the surrounded grounds on the North of Wisbeche 7. That forasmuch as the Inhabitants of Marshland complained much of their danger by the running of Wisbeche River from the 4. Gotes by the skirt of Marshland and that if the out-fall before-mentioned should be opened whereby a greater proportion of water would pass that way it would be much worse for them It was therefore agreed that if the said River together with the Drayn of Clows crosse were carried from the said 4. Gotes by a new Cut to be made through the Saltmarshes to an out-fall called King's Creek besides the benefit which would arise by drayning of their Fens it would secure Marshland from danger and no way prejudice Holland 8. That the River of Weland also was from Crouland to Spalding very defective for want of clensing and from Spalding to its meeting with Glen neer to the Sea almost silted up insomuch as the Inhabitants of Spalding complained that by reason of the shallows thereof which were less than half a foot deep 2. miles below the Town they had not wholsome water for their necessary uses 9. Considering therefore these defects c. before expressed he proposed to the said Lords that some carâ— might be taken to open those out-falls And though there were many Gentlemen of good worth in those parts who wanted neither zeal nor judgment to do service therein yet it was conceived that the work might be best effected by such as had no interest at all in the Country but stood indifferent between all parties and thereby levy the charge without partiality Whereupon ensued certain Orders occasioned by that view of the said Sir Clement Edmunds and those Commissioners viz. 1. That the Sewers between Overcote and the Meere be opened and scoured before the last of May then next ensuing sub poena 3s. 4d. per vigam 2. That the West water with all the branches be opened and scoured by those who ought of right to do the same by Michaelmass come twelve-Month then also next following sub eadem poena 3. That the Hill in Humbert's water be abated before the first of November sub poena 5. libr. 4. That Padnall lake from Ouse to the Clay way be scoured xx foot wide and 4. foot deep by the first of April then next ensuing sub poena 5s. per virgam 5. That Stretham and Thetford do their Draines by the first of May sub eadem poena 6. That Popham Ea though it be respited is reputed an excellent drayn Sir Raph Hare and other of the Commissioners being appointed to view its defects 7. That the work in Wisbeche River be perfected before the 20. of August next 8. That a new Clow be set up at the charge of all that drayn thereby 9. That South ea be clensed after Wisbech River and Weland
Commodity 4. That no land should contribute to this charge which was then at 8s. an Acre or upwards except it lay in small quantities and intermixt with other lands so that the work could not go forward without it and then to have a moity of profit ut supra 5. That their Lordships should not intermeddle with any part of the work which was already setled agreed on 6. That the Undertakers according to their promise should begin the work within one Month after this Agreement should be concluded All which being thus setled and agreed upon the last day of May then past with the consent of both parties for ought appeared to their Lordships Forasmuch nevertheless as the Undertakers had not then entred upon the work nor made any proceeding therein the time of the year requiring expedition it was according to his Majesties pleasure and command ordered by that Board that the said Undertakers should either go on according to the Articles so agreed on at that Board or otherwise desist from that undertaking and hold the Country no longer in suspence but to leave them to such further courses as should be expedient To which purpose it was likewise ordered that Copies of those Articles and Orders should be delivered both to the Undertakers and such Gentlemen as attended that service there for the Country And afterwards viz. upon the 25th of the same Month of Iuly the King by his Letters directed to the said Commissioners published at Cambridge 18 Aug. commending the Undertakers readiness and acceptance of such mean conditions in so hazardous an enterprise required that they might have square dealing in the valuation of the Lands as they had been truly let and security for the partage of what should be alotted to them so that there might not be any just exception thereto and likewise that the said Commissioners should give them their best assistance that they might go on with cheerfullness in the work the Lords of the Council also by their Letters to the said Commissioners inciting their assistance to the said Undertakers and for their setling of the business with them according to that Agreement In pursuance whereof in a Session of Sewers held at Cambridge upon the 17th of August following it was ordered that Sir Miles Sandys Knight and Baronet Sir Edw. Peyton Knight and Baronet and several of the Commissioners of Sewers within the County of Cambridg and Isle of Ely should view and value according to the annual worth of the same being subject to the Taxes surrounding and other inconveniences which the same had born for x. years then past all the Fen grounds within the County of Cambridge and Isle of Ely beginning at Fen-Drayton on Tuesday the 22th of that instant August And that four able and sufficient men of every Parish should attend the said Commissioners there for the better informing them in the true value of those grounds And the next year following in a Session of Sewers held also at Cambridge aforesaid it was decreed that the Adventurers in recompence of their charge of Drayning this whole Level should have out of the surrounded grounds so to be drayned one hundred and twenty thousand Acres to be set out by metes and bounds and the King himself who hath been heard to say that for the honour of his Kingdome he would not any longer suffer these Countries to be abandoned to the will of the waters nor to let them lye waste and unprofitable was then pleased to declare himself the principal Undertaker But whether it was the great disturbance he had about that time and after till the end of his reign for regaining the Palatinate then violently invaded by a powerfull Army and his Daughter with her Husband and Children exposed to the wide World for a subsistence which was the impediment or what else I shall not take upon me to say Certain it is that no farther progress was made therein nor any thing else conducing thereto till the fifth year of our late Sovereign King Charles the first of blessed memory when in a Session of Sewers held at Huntendon upon the 6th of Ianuary it was decreed that a Tax of six shillings an Acre should be laid upon all the said Marish fenny waste and surrounded grounds in order to this general Drayning Notwithstanding which Decree there was no part of the said Tax paid nor any prosecution of that work Howbeit in another Session of Sewers held at King's Lynne upon the first of September the year ensuing the Commissioners then present being xlvii in number there was a contract made with Sir Cornelius Vermuden Knight a person well experienced in works of this kind for the Drayning of this Level and he for his recompence therein to have ninety five thousand Acres of the said surrounded lands But the Country being not satisfied to deal with Sir Cornelius in regard he was an Alien they intimated their dislike to the Commissioners and withall became humble Suters to Francis then Earl of Bedford who was owner of neer twenty thousand Acres about Thorney and Wittlesey of this fenny Level to undertake the work at whose request as also of the Commissioners he condescended thereto Whereupon for the better ratifying of this Agreement there was another Session of Sewers held at King's Lynne before-specified upon the xiijth of Ianuary following and by xli Commissioners then and there present a solemn Decree made reciting these particulars viz. That the work of Drayning was first propounded 19 Iac. at Cambridg at a general Session there where the then King Iames declared by his Letters that he himself would undertake it And for satisfaction of his expence the quantity of 120000. Acres was decreed to his Majesty his heirs and successors for ever But the work being neglected by him his late Majesty King Charles the first had often recommended the care to the Commissioners of Sewers and in pursuance of this gratious intimation the Commissioners at a Session holden at Huntingdon 20 Ian. 5 Caroli did lay a tax of vis the Acre upon all and every Marsh and fen grounds which tax nor any part thereof was ever paid And moreover that whereas at a Session holden at Kings Lynne 1 Sept. then last past id est 6. Caroli the Commissioners being xlvij present did contract with Sir Cornelius Vermuden that he should undertake the work at his own charge and in recompence thereof to have 90000. Acres parcell equally and indifferently to be laid out and that the said Corn. Vermuden had presented the Commissioners with a Map and design of the work which was approved of but required 95000. Acres which the Commissioners and Country were unwilling to grant or that any contract should be made with an Alien or stranger they therefore petitioned that the Earl of Bedford then present would undertake the work which the said Earl yielded unto under the Agreements and Articles here under expressed viz. 1. That he should
Swinshed upon the xi of August then last past upon full debate and consideration of the former Decrees and consideration of a true and perfect scedule of all the Fens c. comprised in a Decree of Tax bearing date at Boston upon the second of March in the eighth year of the said King Charles from Kyme Ea South-wards aswell within the parts of Kesteven as Holand to the River of Glen being part of the said Level mentioned in that Decree made at Sleford c. it did at that time appear to the said Commissioners and then to those present Commissioners at Boston that that part of the Level amounted to thirty six thousand Acres or thereabouts And recitall being likewise made that whereas at the said Session of Swineshed it was proposed that the severals within the said Level lying from Kyme Ea to the River of Glen might not contribute any part of land to the making up of the said quantity of fourteen thousand Acres but that the whole proportion should be taken out of the Fens and Commons And in a Session of Sewers held at Bourne upon the xith of August the next year following there was a speciall assignation in what particular place in each of the Fens before-specified the quantities so decreed as aforesaid should be set out and a certain mistake concerning Poynton fen rectified Which said several Decrees viz. that at Sleford 2 Iunii 11 Caroli that at Boston 29 Martii 12 Car. and this at Bourne 11 Aug. 13 Car. were afterwards in a Session of Sewers held at Sleford 25 Sept. 14 Car. ratified and confirmed And in another Session held likewise at Sleford upon the xiiijth of March then next ensuing the Commissioners receiving information by the said Earl that he had then effectually drayned all the lands between the River of Glen and Kyme Ea containing more than thirty five thousand Acres and taking view of them with all the Sluses Banks Sewers c. therein did so adjudge thereof and that he had made a full performance of his said undertaking And lastly in another Session held at Sleford also upon the 14 of Iune next following reciting and confirming all the former Decrees And that whereas but three thousand Acres were by the said Law of Sleford made 2 Iunii 11 Caroli decreed for the perpetual maintenance of the works within the said whole Level and that the said Earl had nevertheless at the instance of the Commissioners condescended to ty the said fourteen thâ—usand Acres for the perpetual maintenance of the said works made between the River of Glene and Kyme Ea over and above the Rent of iiijd the Acre thereupon reserved to be paid out of the said fourteen thousand Acres in case the said iiijd. the Acre should not be sufficient they decreed and ratified the same accordingly After which the said Earl and his Participants having been at no less than fourty five thousand pounds charge therein did inclose build inhabit plant plow sow and reap two years without disturbance but the third year divers clamorous Petitions were exhibited to the Parliament then sitting by the Country people Whereupon after examination of Witnesses Orders were granted from both Houses to quiet the possession of the said Earl and his Participants and to secure their Crops then upon the land Nevertheless the Petitioners in contempt of all entred and destroyed the Drains and buildings as also the Crops then ready to be reapt to a very great value and have ever since held the possession to the great decay and ruine of those costly works and exceeding discommodity to all that part of the Country CHAP. LVI The East and West Fenns NOrthwards of this Fenny part of the Country called Lindsey Levell are divers other Marshes lying towards Waynflete the greatest whereof are called by the name of the East and West Fenns Upon a Writ of Ad quod Dampnum in 41 Eliz. concerning the Drayning of these Fens it appears that the East fen lying betwixt the parts of Holand and Lindsey was found to contain five thousand Acres or thereabouts and that the one half thereof being the Skirt Hills and Out-rings might conveniently be drayned but the other half consisting of deeps for the most part could not be recovered and moreover that the Commons and Severals pertaining to the Towns confining on the said Fen did then amount to the number of three thousand and four hundred Acres or thereabouts all which were at that time surrounded Whether any thing was done at that time towards the drayning of those Fens I am not able to say but in 6 Caroli 15 Maii there was a Decree made in a Session of Sewers held at Boston by Robert Earl of Lindsey Lord great Chamberlain of England Edward Earl of Dorset Lord Chamberlain to the Queen Iohn Shorey Mayor of Boston Sir Robert Killegrew Vice-Chamberlain to the Queen Sir Robert Bell Sir Iohn Browne Knights Robert Callice Serjeant at Law and others which Decree makes this following recital viz. that there was a Law of Sewers made at Boston 7 9 Apr. then last past by the said Sir Robert Bell and others whereby it appeared that the grounds hereafter named were overflowed with fresh waters viz. Dockdike hurne from Armitage Causey and Howbriggs East to the River of Witham VVest and from the said River of Wytham South to Hawthorne North from the East end of Hundell house grounds and so along by Raydyke to the North side of Moorhouse grounds from thence by Marcham Revesby East Kirkby and Hagnaby to Hagnaby gate from thence along by Bar loade banck and the West end of Stickney Severals to Stickney Graunge From thence on the North side of Westhouse grounds along to Blacksyke from thence on the North side of Medlam to Gamock stake from thence directly to the East end of Hundel house grounds from Stickney graunge Southwards on the VVest side of the severals of Stickney and Nordyke gate East to Nordyke stream South and the West fenne VVest wherein is included Westhouse grounds the low grounds belonging to Stickney grange and Thornedales from Norlands lane along between Sibsey severals aâ—d the new Drayn to Hale Causey from thence along to the Shottells And that all these grounds as also the grounds mentioned in a Verdict heretofore given up at a SessioÌ„ of Sewers held at Boston aforesaid 16 Ian. An. 1629. viz. the East fenne extending in length from the severals of Wainflet on the East to the severals of Stickney on the VVest and in bredth from the severals of Waynflet Friskeney Wrangle Leake and Stickney on the South and the severals of Stichford Keales Toynton Halton Stâ—ping and Thorpe on the North were for the most part surrounded grounds And likewise that certain severals and Commons of divers Lords and Owners belonging to Waynflet and Friskeney lying between a bank called Fen-dyke bank on the East and East fen on the VVest and abutting
on the old Drayn called Symon gote towards the South and upon Thorpe-Dales towards the North and certain severals of divers Lords and Owners belonging to Wrangle lying between the said old Drayn called Symon gote on the East and Leake severals on the VVest and abutting upon Lade bank towards the North and upon the old Fendike bank towards the South were surrounded grounds most part of the year And moreover that the several grounds and Commons of divers Lords and Owners belonging to Leake lying betwixt the East fen on the North and the out-weare Bank on the South and abutting upon Wrangle severals towards the East and upon Sibsey wearbank and Stikney Wydalls towards the VVest and the severals of divers Lords and Owners of grounds belonging to Stickney Wydalls lying betwixt the East fen of the East and North and abutting upon Ualentine dyke towards the VVest and upon a Drayn leading to Nordyke brigge towards the South were surrounded grounds in the winter time And lastly that the severals of certain Lords and Owners of grounds belonging to Toyntons next Spillesby called the Demesns lying between the East fen on the South and a certain Meadow called the East fen on the North and abutting upon a Drayn called Toynton beck towards the East and upon Hare hills towards the VVest were surrounded grounds also for the winter season And that it was therefore decreed that for towards the natural outfall of Wainflet Haven Black gote Symons gote Mandfoster gote New gote and Amton gote and all or part of the same as also any other antient Drayns as the Undertakers should think or find most necessary to be used should be enlarged and made deeper as need should require with all other necessary works for drayning of the said grounds within the extent of the several recited Commissions of Sewers bearing date as above is expressed And that every Acre of Land and Common mentioned in the said Verdict and exprest upon the said view within the extent of the said Commissions to be overflown with fresh waters which might receive benefit by the said Drayning should be taxed and charged with the sum of xs. the Acre to be paid at or before the xiiij day of May then next coming unto William Locton and Gervase Scroope Esquires or to any one of them The said Tax being set upon the said lands and Commons to the end that if it should not be paid the Commissioners of Sewers might be legally authorised to make bargain for land with Sir Anthony Thomas Knight and the rest of the Undertakers And the said Tax to remain in the hands under the Locks and Keys of two of the said parties named and two of the same Undertakers the sum being first certainly known to the said Undertakers by authority of the Court to be ratably paid over to the said Sir Anthony Thomas and the rest of the Undertakers to be nominated by him their Heirs and Assigns after the said Drayning should be done wholly or in part proportionable And in default of such payment of the sums of xs. so assessed upon every Acre as abovesaid the said Court at a general Session of Sewers of six Commissioners whereof three to be of the Quorum should set forth decree and establish such proportion and portions of the said ground for which the sums aforesaid were not paid unto the Undertakers their Heirs and Assigns in recompence of the said Drayning And it was also farther ordered by authority of that Court that process should be awarded per Curiam to the Shireeve of the County of Lincolne or his Deputy requiring them to give Summons and knowledge by way of Proclamation in all the Market Towns and fitting places for those parts and within the extent of the said Commissions that all Lords Owners Commoners and parties interessed in any of the grounds aforesaid might take and have notice thereof and that they should not fail to make return of the said Process at the several Sessions of Sewers to be holden for those parts at Boston aforesaid the xvth of May then next upon xll. penalty VVhich said Decree the said Robert Earl of Lindsey and other the Commissioners of Sewers before-specified did ratifie and confirm And forasmuch as it appeared to them that no part of the Tax so assessed as aforesaid was paid in unto the said Gervase Scroope and William Locton they proceeded in the execution of the said former Decree according to the true intent and meaning thereof and according to his Majesties directions formerly signified by his royal Letters And therefore being credibly informed that for the effecting of the said works of Drayning of those surrounded grounds one great and navigable stream and River ought to be cast from out of the said East fenn and grounds and so leading from thence by the space of three miles or thereabouts unto the Haven of Boston aforesaid and that one or more very large Gotes of stone and timber and other materials requisite for the effecting of so great a work ought of necessity to be built at the Haven side and that many other petty sewers gutters and streams should also be cast to have their courses to the said main River and many Bridges built over the said streams and other matters done c. at the only costs c. of Sir Anthony Thomas Knight Iohn Worsop Esquire Henry Briggs Master of Arts and Hildebrand Pruson whom the said Court did order to perform all those things within the space of four years from the Feast of St. Michael the Arch Angel then next coming which said Sir Anthony Iohn c. were thereupon appointed Undertakers of the said works accordingly it being also decreed that in consideration of such their performance they their heirs and assigns should have the one half of the said East fenn as also a third part in three parts to be divided of all the said severals which ly in or adjoyning to and upon the said East fenn and moreover that he the said Sir Anthony and the rest of his fellow undertakers for the considerations aforesaid should have a full fourth part in four parts to be divided of all the said surrounded grounds lying in the West fenne and in the said severals thereto adjoyning butted and bounded as aforesaid to have and enjoy in several after the said Drayning should be sufficiently compleated All which parts to be set forth by six or more of the Commissioners of Sewers presently after the said Drayning should be finished as aforesaid in the most fit and convenient places of the said grounds whereby the Owners and Commoners of the other parts might hold and enjoy their several and respective interests with the least prejudice and to and for their best advantage And the said Commissioners did also decree that from and after the perfecting of this work of Drayning the said Lands so assigned to the before-specified Sir Anthony Thomas and the rest of the Undertakers and their heirs should be
half of all the said grounds so to be inned according to the purport and true meaning of the said recited Indenture the other moytie to belong to the owners of the said Marsh grounds according to the several proportion of their quantities which they then had in those grounds to be holden of Edmund Cooke Esquire his heirs and assigns as of his Mannoâ—r of Lesnes and Fants in free Socage by fealty and one penny Rent for every Acre and not in chief nor by Knights service And that in consideration of the great chardge of this work the said inned Marshes to be dischardged from all Tithes and Tenths whatsoever for and during the term of seven years next after the inning winning and fencing of the same CAP. XIV AND now though by what hath yet been instanced touching the improvements made by Banking and Drayning upon the Verge of this River the first Commissions which I have vouched bear not date above three hundred and fifty years since yet do I make no question but that this good Husbandry was far more antient for notwithstanding the like Commissions for the defence and safeguard of the other Marshes situate higher upon this stream whereof I shall give instance by and by are not much elder it will by great circumstances be evident that some of these Banks are not of lesse antiquity than the time of the Romans here in Britaine otherwise how could that antient Borough of Suthwarke have been built the ground whereon it stands being at first naturally flat and low and within the power of the usual tides as the adjoyning Marshes still would be were not they defended by the like Banks though now by reason of the vast buildings there which do stand upon artificial ground it being in the nature of a Suburb to that great and antient City of London there be little notice taken that it hath been so raised where besides divers Roman coynes that are still frequently digg'd up I my self in the year 1658 saw in those fields on the backside of Winchâ—ster house called Suthwark Parkâ— upon the sinking of divers Cellers for some new buildings at about two foot below the present levell of the ground a Roman pavement made of Bricks not above an inch and an half square and adjoyning to it a more curious piece of the like small bricks in length about ten foot and in bredth five wrought in various colours and in the midst thereof betwixt certain borders in the fashion of wreathed columns the form of a Serpent very lively exprest in that kind of Mosaique work I now come to the Commissions The first whereof our publick Records do take notice is in 23 E. 1. which was directed to Iohn de Metingham and Will. de Carleton for the view and repair of the Banks c. betwixt Lambehethe and Grenewiche After this about three years through the neglect of those who ought to have maintained the Banks neer Retherhithe the breaches thereof were such as that a great part of those Marshes became drowned Whereupon the King committed the managing of their repair to his trusty and beloved Will Haward soon after one of the Justices of his Court of Common Pleas to whom he assigned a certain summ of mony for that purpose which not being sufficient for the accomplishment of the work though he the said William even beyond his abilities added thereto of his own purse the said King by the advice of his Counsail ordained that all those Lands which through the before-specified neglect were thus overflown and drowned should be seized into his own hands and committed to some such honest and trusty person as would be willing to take upon him the chardge of the said repair and new making of the said Bank to have and enjoy by an extent to be made thereof untill he should reimburse himself out of the profits of the said Lands to the full of whatsoever he might lay out upon that work In 2 E. 2. Iohn de Foxle Walter de Gloucestre with some others were assigned to take view of a certain breach of a Bank neer Bermundsey and to provide for the repair thereof In the same year it hapned that by reason of the said breach the Prior and Covent of Bermondsey received great losse by the drowning of certain grounds belonging to that House the King therefore at the request of Isabell his Queen granted this favour to the said Prior and Covent that nothing of the Corn Hay or any the Good or Catalls belonging to the said Priory should be taken to the use of the King or any other without the assent of them the said Prior and Covent The like breach also hapning in the Banks of the Marshes in Suthwarke which not long before pertained to the Knights Templars but then were in the King's hands he being advertised thereof directed his Precept bearing date at Barwick upon Twede 23º Maii 4 E. 2. unto William de Montalt at that time Guardian of those Lands commanding him that out of the profits of them he should cause them to be speedily repaired And in 9 E. 2. Richard de Repham and Edmund de Passele were constituted Commissioners for the view and repair of the Banks c. betwixt London bridge and the Mannour called Fauxes-Halle as also of a certain Bank in the Land of the Bishop of Winchester in Suthwerke which having been antiently made for the safeguard thereof was then ruinous and broken And likewise of certain Ditches whereby the fresh waters had formerly used to descend into the Thames which were then choak'd up And to distrain all such persons for the repait of the said Banks and Ditches who in respect of any lands that they held or otherwise were obliged thereto In 13 E. 2. upon an Inquisition taken before Iohn de Everdon and Geffrey de Hertelpole then the Kings Justices assigned to enquire of the defects in repair of those Banks which were situate betwixt London bridge and Grenewiche the Jury presented upon their Oaths that part of a Bank at Retherhethe containing thirteen perches in length was then broken and that Sir Iohn Latimer Knight in respect of a certain messuage that he had there was and had been chardged with the repair thereof time out of mind It was likewise presented that at a place there called Milnewardstrete there was a Gutter called Mouse goter so obstructed that the water which had used and ought to passe through it into the Thames was stopped and that one Richard le Chaundeler was obliged by right to clense and scowr the same by reason of his Lands there And moreover that there was another Gutter in the Land lately belonging to Richard de Dunle so stopped likewise the clensing whereof belonged to Agnes his widow then Tenant to the said Lands As also that there was another Gutter in the grounds whereof Richard de Ashwy had been lately possessed which Gutter being then likewise
choakâ— up did endanger the drowning the adjacent Marshes and that the clensing thereof pertained to the heirs of the said Richard And lastly that there was a certain Sewer called Ozflete pasâ—ing from the water of S. Thomas unto the Thames stopt up also for want of clensing to the great annoyance of the Lands of Iohn Capsho and Robert Allard which Sewer ought to have been scoured by the said Iohn and Robert It was therefore ordained by the before-specified Justices that the said Sir Iohn le Latimer and the rest of the persons so presented as aforesaid should be distrained to make good the several repairs above-mentioned so belonging unto them In 26 E. 3. Will. Thorpe Iames Hâ—fee and Will. de Fifhide were appointed 〈◊〉 view and repair the Banks aâ—â—he Stewes and in other places adjaâ—â—â—â—â— by the breach whereof divers groundâ— and meadows lay then totally drowned And in 37 E. 3. Edmund Chelreye Thomas Morice and Michael Skillyng had the like appointment for those Banks neer the said Stewes which were opposite to the Mannour House of Iohn de Moâ—bray Before which Commissioners divers presentments were then made touching those Banks and Sewers neer the same Stewes where divers persons being found faulty paid fines to the King others acknowleged that they ought to repair them by the perch and others had made good what belonged to them to do whereof the Prior of S. Iohns of Ierusalem was one who had two Mills there and other lands to the value of xl per annum The like was certified of Sir Iohn de Moubray Knight and Elizabeth his wife daughter and heir of Iohn de Segrave In 42 E. 3. Iohn Lovekin Will. Taâ—ke Will. de Neudigate anâ— othâ—rs had the like assignation for the Banks c. extending from a place called Dâ—nielissewalle in this County of Surrey to Roddisâ—orne in Kent And in 48 E. 3. Robert Bealknap Will. Halden Roger Dygge and others for the same Banks betwixt Danyeleswalle and the Land of the Prior of S. Marie de Overe and about a medow called Croâ—chemede by which Commiâ—sion â—hâ—y â—ere directed to proceed according to the Law and Custome of this Realm of England In 4 H. 5. Iohn Pâ—eston Sir Iohn Dâ—ayton Knight Thomas Rothewell junior Thowes Drewe Richard Wydeforde and Thomas Coventre were constituted Commissioners for the view and repair of the Banks Ditches c. all along the Verge of the Thames on both sides from Reading to Oxford which were then broken in many places with appointment to proceed therein according to the Law and Custome of England The next year following Iohn Preston Iohn Martyn Iohn Corf Iohn Appulton Robert Skyrne and Nicholas Conyngston had the like Commission for those Banks c. betwixt Depford strond and Bermundsey wherein they were directed to act according to the Custome of â—he Marsh and the Law and Custome of this Realm In 22 H. 6. Sir Iohn Burcestre Knight Ricâ—ard Bamme Richard Comâ—e Will. Oâ—â—urne Adam Lynelord Iohn Martyn Iohn Malton and Will. Kyrton were assigned to view all those Banks on the side of Thames and marshes adjoyning aswell within the Lordships of South Lambehithe North Lambehithe Lambehithe mershe and Parysh-garden as in Southwerk Bermundsey Retherhithe Depford stronde Peckham Hacham Camerwell Stokwell Clopham and Newyngton in the Counties of Surrey and Kent which were at that time broken and in decay and to take order for the repair of them As also to make necessary Laws and Ordinances for the safeguard and preservation of them according to the Laws and Customes of Romeney Marsh And morâ—over to imprâ—st so many Diggers and Labourers to be imployed thâ—rein upon compâ—â—ent salaryes as should be necessary in respâ—ct of the great necessity at that time for the speedy dispatch of that work The like Commission and direction had Iohn Bamburgh Richard Bamme Richard Drax and Philip Leweston in 25 H. 6. for the Banks in the same Lordships and places And in 31 H. 6. Sir Iohn Burcestre Knight Richard Waller Esquire Will. Laken Philip Leweston and others had the like for the view of all the Banks from East-Grenewiche in Kent to Wandesworth in Surrey So also had the said Sir Iohn Burcestre Sir Iohn Cheyne Knights Richard Waller Esquire Will. Laken and others for those betwixt West-Grenewiche and Wandesworth aforesaid viz. to the Sluces callâ—d Harescluse Râ—therhithe Suthwerke Bermondsey Parysgaâ—dyn Lâ—mbehythe Lambehythe mersh Batersey Wandesworth Clopham Pekham and Camberwerwell The like Commission for the same Places and to proceed accordingly had Sir Iohn Bourgchier of Barners Knight Sir Iohn Burcestre Sir Iohn Cheyne Knights and others in 33 H. 6. So also had Sir Raphe Iosselyn Knight Mayor of the City of London Sir Walter Moile Knight Sir Iohn Burcestre Knight Nich. Gaynesford Esquire Iohn Wode and others in 5 E. 4. And likewise Sir Richard Fenys Lord Dacres Iohn Abbot of Bermundsey Henry Prior of S. Marie Overey in Suthwerk Will. Crosse Master of the Hospital of S. Thomas the martyr in Suthwerk and divers others in 14 E. 4. CAP. XV. HAving now done with the Marshes on the South part of Thames I come to those on the North side lying in the Counties of Midlesex and Essex beginning with Middlesex where the first mention I find of any thing in this kind is that in 26 E. 1. Robert de Retford and Henry Spigurnell were assigned to view and repair the Banks and Ditches in Stebbenhethe and the parts adjacent After this viz. on Wednesâ—ay next after the Feast of S. Martin the Bishop in 18 E. 2. there was an inquisition taken at the Hospital of S. Kathrines neer the Tower of London before Will. de Broke and Robert de Kellesey then the Kings Justices for view of the Banks Ditches c. lying betwixt the said Hospital and the Town of Chadewelle and for repair of the same before whom the Jurors did present upon their Oaths that a certain person of antient time Lord of the Mannour of Stebenhethe before-mentioned whose name they knew not did by his industry recover a certain Marsh there containing about an hundred Acres of Land which Marsh was then drowned by the overflowing of the Thames and at the time of the said presentment so made had Banks Ditches c. and did so lye betwixt the said Hospital and Shadwelle but through the want of their repair was then frequently overflowed and in divers places drowned to the great damage of the people in those parts Which Lord of the said Mannour of Stebenhethe did afterwards grant by Charter to certain of his free men xlij acres and a half of Land with the appurtenances severally by parcells to be held by them and their heirs by certain services for ever and to repair and maintain the said Banks Ditches Sewers c. viz. each man upon his own proper ground bordering on the said River of Thames of which xlij
Fryday bridge did run and the Sluce at Welle River was stopt the waters in the Drayn rose over the Dam called the Stintings and Oldfield and so ran into Marshland For remedy whereof and that the Land-holders of Oldfield were at the making of the said Law tyed to no conditions of restraint or stopping which they then conceived fitting by reason the said UUaltersey drayne which was not before thought of ran within their field and did overflow the Banks and fill their Dikes with water which came into Marshland contrary to their Law and by reason that they in Summer time took in waters to fill their Dikes which they might spare to take if they would dike them and make watering places for their Cattel as Marshland did it was therefore ordered that the said Land-holders of Oldfield should passe and run their said waters therein under such conditions and with such cautions as by the Law of Sewers the Land-holders on the West side of Elme and Soâ—th side of Wysebeche did and not otherwise under and upon such pains and penalties as in that Law is contained The number of Acres in the several Towns of Marshland  Acres Rodes UUest lynne CCxlviij xij Clenchwarton xvC lx i. Tylney vM viiiC xi iij. Wigenhale iiiM viiiC xi iij. Terington iiiiM iiiC xxvi iij. Walpole iiiiM viiC xxvij  Walton iiM iiiiC xlv ii UUaâ—soken iiM viiC vxx i.  Emnetâ— Hawsted iiM ixC vi  Sum total in the Franchises and Geldable xxvii M viiC xxxix Acres  Sumin the Liberties viz. Terington Walpole Walsoken Walton Emneth xvM iiiiC xxvij Acres i Rode  Adde Tylney and Clenchwarton thereto xxiiM viiC xxxix Acres  An Agistment of the new Powdiche from Saltham lake by Mullycourt to Northdelfe â—ccording to the Books and Rolls of the Country containing iiiiC Lxiii Rode and ii Foot divided thus Emneth and Hawsted xli rode iii foot ii inches Walsoken Liii rode iii foot ii inches Walton xlvi rode xi foot Waâ—pole XC rode iiii foot vi inches Terington Lxxxii rode x foot x inches Clenchwarton xxix rode ix foot iii inches Tylnâ—y vxx xii rode x foot ix inches West Lynne v rode i foot Wigenhall iiixx xii rode xiii foot From Northdelfe to the hundred Acres charge are vxx xli rode vi foot iiij inches divided thus Emneth with Hawsted xlix rode viii foot i inch Walsoken iiixx iii rode xvi foot vi inches Walton Lvi rode i inch Walpole vxx viii rode vii foot ix inches Terâ—ngton iiiixx xix rode iiii foot ix inches Clencâ—warton xxxv rode ix foot xi inches Tyâ—neâ— vxx xv rode vi foot i inch West Lynne v rode viii foot xi inches Wigenhall iiiixx vii rode viii foot iii inches The old Powdich containing ........ Agiâ—ted thus  Rodes Foot Inches Emnâ—th and Hawâ—â—ed Lxvi viii iii. Waâ—â—â—kne iiiixx xviii xii viii Waâ—ton iiii â—â— vi viii v. Walpole viâ—x viii ix o. Terington viiâ—x xiii v. x. Clâ—nchwarton Lv. o iii. Tylneâ— xxx ix ii o. Wigenhale Cxv. ii ix Note that the true sum of this is viiC ix Rode xlix foot and iii inches Of which xlix if there be allowed xvi foot iiâ— inches to a Rode as is set down under Mr. Beaupre's hand then is the sum viiiC xii Rode and ix perches The little Powdich containing CCCxliii hath agisted thereon xxiiiM viiC iiiixx vii Acres and iii Rode every hundred Acres cometh to a Rode xi foot two inches a half and a Barley-corn which is the third part of an Inch. Agisted thus  Rods. Foot Inches Tylney iiiixx xvi xii o Clenchwarton xxv xiii vii Terington Lxxiii vi vii Walpole Lxxx. iiii o. Walton xli iiii o. Walsoken xlvii viii vi Emneth and Hawsted xxxvi viii ix The Ward dich from Wel gate to Sandyrood belonging to the Fraunchises with Tylney and Clenchwarton containing viiixx xviii rode xv foot Agisted thus  Rods. Foot Inches Tylney xliiii iii. o Clenchwarton xi x. o. Terington xxxii vi vi Walpole xxxv vi vi Walton xviii iiii vi Walsoken xâ— xiiii o. Emneth with Hawsted xvi ii vii Brokendike Agistment From Kyrkham lane to the turning against Mr. Blewick's containeth ....... Rode and is agisted iiiixx Rode from the middle of Mildam towards the house of the said Iohn Blewick To the which there is said Tilney Terington Walpole Walton Walsoken and Emneth containing xxiiM CC xxxix Acres So every Acre hath almost two inches Every thousand and iiiâ—x xii Rode v foot v inches and two Barly-corns iiM Cxxiiii Rode x foot xi inches and i corn iiiiM CC hath xlix Rode v foot x inches ii Barley-corns Every hundred and vi Acres hath a Rode iii foot ix inches Every Lxiii Acres hath ix foot x inches and a half  Rods. Foot Inches Tylney Lxviii ii o Terrington xlix xi x. Walpole Lv. vii vii Walton xxviii x. viii Walsoken xxxii x. viii Emneth and Hawsted xxv iiii iii. From Emneth bridge between the Town and the Smethe be xiiiiC xv Rodes which be thus divided  Rods. Foot Inch. Emneth with Hawsted Cxxx. viii o. Walsoken CLxviii xi o. Walton Cxlvii xi iii. Walpole CCLxxx vi ii iii. Terington CCLxi xiii vi Wigenhall CCxxxviii o. vii Tylney CCCLvi xv vi Clenchwarton iiiixx xiiii o viii West Lynne xv ii vi Drayns and Bridges lying within the precincts of the several Towns of Marshland Emneth A Drayn there belonging to certain Fields called Suffield and Haulsted extending from the common Sea dike called Emneth Sea dyke on the West part of the same Field and from thence to a place called the Styldes at which place the said Drayns do meet and from thence into the Fen. Which Drayns ought to be in bredth ix foot and in depth v foot Another Drayn belonging to Churchfield and Northfield extending from a place called Seadike-dole to a place called Knape more and from thence Eastwards towards Whicks brigg and so to Myd feder into the Smethe lode which is the common Drayn of all Marshland Another Drayn belonging to Newfield extending from Hallow crofts on the West and so to Ports bush on the East thence to Hawkyns brigge and so to Hungate dyke to a place called Nomans land corner and so into Smeth lode Bridges Over the first of these Drayns are three Bridges the one at a place called Lonhole the other at the end of the Drayn and the third between Ladyes drove and the great Drove of Emneth Another Bridge situate at the North stile of Emneth Another called Knapmore bridge set over Churchfield Drayn Another called Whicks bridge Another called Little Edge bridge Another called Hawkyns bridge lying over Newfield drayn Walsoken A Drayn there called the Maiâ—t Drayn extending from Holmes bridge on the North part of the Town to the common Sewer called Smethe lode Another Drayn on the South side of the Town beginning at Small lane in Larke lande and extending to a Bridge called Bronden bridge and so to Knapemore