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.

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 . a a Gen. 1.9 . In the beginning God said , let the waters be gathered together , and let the dry land appear ; and it was so : b b 12. 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 c c Gen. 8.13 . 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 .

Egypt . First therefore of Egypt ; because d d Herod . lib. 2. cap. 35. 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 e e Ibid. l. 2. cap. 19. 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 f f Strab. lib. 17. p. 786. D. 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 g g Ibid. p. 787. D. 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 : h h Ibid. 788. D 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 i i Plin. 5.9 . 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 k k Herod , l. 2. c. 17. having run through Egypt in one stream , to the City Cercasorus , thence divideth it self into three Chanels ; one runneth Eastward towards Pelusium ; th● 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 l l Strab. p. 788 C. 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 m m Herod . l. 2. ●ap● 13. 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 : Herodotus out-lived Artaxerxes Longimanus K. of Per●ia . Myris , or Maeris , reigned in the tenth Century after the floud . 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 n n Herod . lib. 2. cap. 137. 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 o o li● . 2. c. 149. ) 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 ●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 in the place ( the soil being very dry ) but cometh out of Nilus by a Trench ; flowing six moneths into the lake , and ebbing as many into the Nile ; yielding into the Kings treasury , for the Fish taken therein , a talent of silver , for every day of the six moneths ebb ; and twenty minae when it floweth . The AEgyptians would have it believed , that this lake was made by hand , and dugg , by reason of the Island and Pyramids in it : and when it is objected , that there is no sign of earth cast out , they say that it was thrown into the River Nile .

After him also King Sesostris , returning victorious out of Asia , and bringing p p Herod . l. 2. c. 107. with him a multitude of people out of the subdued Countries , enforced them to digg sundry Water-courses , which are still in Egypt ; improvidently making the Countrey , which before was passable with Horse and Waggon , to want that conveniencie : for from that time , though Egypt be all plain , yet can neither Horse nor Waggon passe , by reason of the Cuts , which are many and various : But the reason why he so trenched the Country , was , that the Cities more remote from the River , might not want water to drink , upon the recess of the stream .

There were also very remarkable Trenches on the Arabian side of Egypt . As that at q q Strab. p. 804. B. Pelusium , which filleth the two Lakes , that have their names from the Fenns there ; besides other Lakes and Trenches into them , in those parts , without Delta ; and two others which meet in a Lake in the Sethroitique division : For Egypt was by Sesostris divided into xxxvi parts , in Greek 〈◊〉〈◊〉〈◊〉〈◊〉〈◊〉 , in English you may call them Shires : but that is the most famous Trench , which was drawn into the Red Sea .

It was first r r Hero ● 2 c 158. undertaken by King Necos , the Sonne of Psamnitichus , ( This is that Pharaoh Nechoh , King of Egypt , who slew s s 2 Kings , c. 23. v. 27. Iosias King of Iuda , in battel at Megiddo ) being seconded by Darius King of Persia. The length of t t He●od . ut supra . this trench was four dayes sail : the bredth such as two Gallies might row together . The water of Nile entred into it a little above the City Bubastis , and passing by Patumos ( a City of Arabia ) entred the Red Sea . They began to digge in the plain of Egypt , towards Arabia , running a great way from West to East , by the foot of that Hill , neer Memphis , in which is the stone quarry : Then turning South , through the parting of the Hill , into the Arabian gulf . The passage from Mount Cassius , and the North Sea , unto the Red Sea , is a thousand furlongs : But by this Trench , the way was longer , being not so straight . In the digging hereof , there perished an hundred & twenty thousand AEgyptians . Necos , having half done , desisted , being discouraged by an Oracle ; which said , he wrought for the Barbarians : So the AEgyptians call all that use not their language .

Strabo ( who lived under Tiberius ) saith u u Li● . 17. p. 804. B. that this Water-course issued into the Red Sea , or Arabian gulf , at the City Arcinoe , which some call Cleopatris ; and that it passed through those Lakes , which are called Bitter . ( They had the name of w w Exo. 15.23 . Marah ; because the children of Israel , at their departure out of Egypt , could not drink of those waters . ) But the water of those Lakes , though in old time bitter , was chang'd x x Strab. ib. upon the making of this new River , and mingling with fresh water ; and now bred good Fish and abundance of water-foul . He saith , that this Trench was first made by Sesostris , before the Trojan war ; or ( as others relate ) it was only begun by the Sonne of Psamnitichus , who soon died . Afterwards it was again undertaken by Darius the first ; who having almost finished the work ; gave it over , out of a fond conceipt , that the Red Sea was higher than Egypt ; and that if the whole isthmus were cut , Egypt would be drowned with the Sea . But the Ptolemaies , Kings of Egypt , cut it through and set a Sluce upon the Chanel , that they might sail out into the Sea , and in again , as they pleased . It was y y Ibid. p. 805. an hundred Cubits in bredth , and deep enough for a great Ship .

The intended benefit of this Chanel , seemeth to have been an intercourse between the Midland Sea , and the Atlantique ; and a communication of traffique , by water , between Europe and the East-Indies : but I do not find , that any great use was made thereof to that purpose : For in after-times , the way of trading into those Eastern parts , was either from the Port of Gaza , to Aila , a Port-Town situate neer the bottom of the Arabian gulf , on the East side thereof ; or from Coptus , a Town of Egypt , on this side Thebes , to Berinice a Port on the West side of the Red Sea .

This passage , from Gaza to Aila , is said z z 〈◊〉 . l. 1● . p. 759. to be 1260 furlongs . There are two ways , one through Arabia , the other through Egypt , by Heroopolis ; to which the nearer way is by Pelusium : the way through the Deserts and Sands , is going by Camels , and is obnoxious to Serpents .

From this Elath , Solomon made a a 2. Chr● . 8 . 1● his voyage to Ophir . The Town was lost b b 2 King . 8.20 in King Iorams reign , when the Edomites revolted ; but it was recovered c c 14 22. by Azariah ; and under Ahaz lost d d 16. 6. again to Rezin King of Syria . It was a frontier Town of the Roman Empire , and the Station e e S. Hie●on . de loci● . of the x Legion .

The other passage from Coptus to Berinice , is reckoned 258 miles , the particular stations whereof , you have in the Itinerary of Antoninus . They were setled , f f Strab. l. 17. p. 815. B. and Inns erected by Philadelphus ; because the innermost part of the Red Sea was not so navigable This Coptus was a common Town , both to the AEgyptians and Arabians , and the mart for all Indian , Arabique and AEthiopique Commodities ; from whence was a Chanel g g Ib. p. 79● . C. cut into the Nile , whereby the Merchandizes were transplanted to Alexandria . Which place being , from the Macedonian times , the head of all Egypt , ought not sleightly to be passed by ; because none ever had the like advantage of artificial Water-courses : By which in short time it became , for greatnesse , populacy , wealth , and pleasantnesse , one of the most renowned Cities of the world .

The antient AEgyptians superstitiously abhorred the Sea , and had them in abhomination , who got their living by it . And albeit , according to the Chronology of h h An. 1230. Eusebius , they had the dominion of the Sea , in the Reigns of Psamnis , and Bocchoris , a little before the first Olympiade , ( which was not suitable to the distracted condition of Egypt in those times : ) Yet it is certain , that i i Herod . l. 2. c. 154 the AEgyptians never had any Sea-Port ; that Psamnitichus was the first that k k Ib. c. 178. admitted strangers to inhabit ; that Naucratis ( on the Chanel of Canopus ) the only mart Town of Egypt , was opened by Amasis , who ( took Cyprus and ) dyed the same year that Egpyt was lost to the Persians .

Neither was the coast of Egypt fit for navigation , being l l Strab. l. 17. p. 791. harbourlesse , low , and full of flats and shelves , except where the Island P●arus , lying in length before a Bay , at a village called Rhacotis , a hundred and thirty furlongs from Canopus , afforded the means of a Haven , whereof neither the AEgyptians nor the Persians made use ; but held a guard there , to keep off strangers : Howbeit , Alexander the great , seeing the opportunity of place , caused a City to be built there , which bore his name ; the foundation whereof was laid with Brann , instead of Chalk , which was taken for a good omen . Which City was seated as it were ) between two Seas ; having on the South the Lake Mareia , or Mareotis : But it had been an intolerable inconvenience to have dwelt in a dry Country , so far from the River Nilus , had not that discommodity been avoided by means of artificial Rivers : Therefore that navigable Chanel was made from Canopus , which became n n Strab. p. 8●0 . famous for the practise of Luxury .

Another navigable River was also o o Ib. p. 795. a. made from the Haven , on the Mid-land Sea , to the said lake Mareotis . This p p Ib. p. 793. a. lake is filled from the River Nile , by many Trenches , as well from above , ( that is , out of the Lake Meris , whereof I have spoken ) as on the sides of it , by Trenches cut immediately from the Nile ; and having eight Islands in it , containeth q q Ib. p. 799. c. above an 150 furlongs in bredth , and neer 300 in length , being well inhabited round about , and affording good Corn. By which Water-passages r r Ib. p 793. a. much more Commodities were brought to Alexandria , than by Sea ; so as the Haven on the Lake side , was richer than that on the Sea ; and more goods carryed from Alexandria to Italy , than from Italy thither , as plainly appeareth by the Vessels , more or less fraughted , which pass to and again from thence and from Puteoli . Besides the wealth that is brought in at both Havens from the Lake and Sea , the goodness of the air is not unworthy to be remembred ; it being occasioned by the water on both sides of the City , and the seasonable rising of the River Nilus : For whereas other Towns , situate by Lakes , have in the heat of Summer a gross and stifling air , forasmuch as their banks being left muddy , slimie exhalations are drawn up by the Sun , which make the air unwholesome , and occasion sicknesse , here , in the beginning of the Summer , the Nile being full , filleth the Lake , leaving no part muddy to exhale any malignant vapour : At which time , the Etesian winds blow also from the North Sea , so as the Alexandrians passe the Summer pleasantly .

And that the improvement made in Egypt by the drains and new Rivers , after the building of Alexandria , was very large , appeareth by these following instances , in several ages . In s s Diod. Sic. p. 19. B. the sacred Commentaries of the antient Priests , there were numbred in Egypt Cities and Towns of note , eighteen thousand . Under Amasis ( the last King before the Persian Conquest , ) there were t t Herod . l 2. c. 177. twenty thousand Towns in Egypt inhabited . And under Ptolomy the first , above thirty thousand .

The Printed Copies of Diodorus have only 〈◊〉〈◊〉〈◊〉〈◊〉〈◊〉 : But that reading is faulty , as appeareth by the preceding numbers , and the testimony of Theocritus , who was one of the seven Pleiades in the Court of Philadelphus , the second Ptolomy , in whose Territorie there u u Theoc. Id. l. 17. v 82. were thirty three thousand three hundred thirty nine , the improvement seeming then to be more compleat .

Howbeit , in tract of time , through great neglect , these Trenches and Drayns , by which the overflowing of the Nile so much inricht this Country , were filled w w Suet. in Aug. cap. 18. with mud : But Augustus Caesar having reduced Egypt into the condition of a Province to the Roman Empire , caused them to be scoured x x Suet. in Aug. cap. 18. by his Souldiers : which noble work did so much restore it to the fertility it formerly had ; and consequently increase the populousnesse thereof , that the number of persons there inhabiting , over and besides the Alexandrians , were shortly after , found to be no lesse than seven millions and five hundred thousand , as the tribute y y Ioseph . de bello Jud. l. 2. cap. 16. mony paid by every head doth manifest . And thus much for Egypt .

CAP. II. BABYLON .

I Am now come to that sometime famous City of Babylon , situate in a low and flat Country : Of which Sir Walter Rawleigh ( giving a reason , why there is so little written of Belus , who succeeded Nimrod the first Assyrian Monarch ) saith , z z Hist. of the World . l. 1. cap. 10. Sect. 4. that it is thought he spent much of his time , in disburthening the low Lands of Babylon , and drying and making firm grounds of all those great Fens and over-flown Marshes , which adjoyned to it .

How the parts hereabouts came thus to be surrounded , let us hear what Pliny saith , which is thus in effect . The River a a C. Plin. nat. hist. lib. 5. c. 26. Euphrates being cut into two parts , stretcheth it's left arm into Mesopotamia , by Seleucia ( the principal City in Syria ) and so into Tygris : and it 's right arm to Babylon , the chief City of Chaldea ; whence , passing through the midst thereof , it runneth into the Fens . It is reported , b b Ib. lib. 6. c. 26. that this division of that River was made by Gobaris the Prefect , lest otherwise , by it's violent course , it might have infested the City of Babylon : but by the Assyrians it is called c c Ibid. Naarmalcha , which signifieth the Kingly River .

That the inundations from this River , are occasioned upon the same reason as those of Nilus before spoken of , we have not only the testimony of the before specified d d Plin. nat. hist. l. 5. c. 26. Author , but of Strabo , whose words e e Str●b . l. 16. p. 740. are these , — Exundat enim Euphrates aestate , sub ver incipiens , &c. Euphrates overfloweth in Summer , beginning at the Spring time , when the Snow in Armenia melteth ; so that the Fields must needs be overwhelmed with water● unless that the flood be diverted by Trenches , in such sort as they restrain the River Nilus in Egypt ; hereupon therefore is it , that Chanels are digg'd . &c.

That the Banks and Drains made by Belus , did not fully accomplish that work of Drayning above mentioned : or in case it did , that after-ages , through discontinuance of their repair , were little the better for them , appears by the relation of Herodotus ; f f He●od . l. 1. p 76. who speaking of those two famous Queens of Babylon , viz. Semiramis and Nitocris , saith of Semiramis , ( who reigned five ages before the other ) Haec per planitiem aggeres extruxit , spectando dignos , quum antehac flumen eam restagnare solitum , ( id est ) She raised Banks throughout the whole Levell , worthy of observation , whereas before she did so , it was wont to be drowned by the River .

And of Nitocris , that g g I●id . being more active & diligent than her Predecessour , — ante omnia Fluvium Euphratim , &c In the first place she diverted the stream of Euphrates into crooked Chanels , which before ran in a straight course , through the midst of the City , levelling the Ditches above , so that it might thrice flow into Arderica , a certain village of Assyria ; and that those things which were conveyed by the Sea towards Babylon , through the River Euphrates , should thrice land at this village , for three dayes together . This she thus accomplisht . And likewise upon the verge of the said River , on each side , she raised Banks , for bignesse and height wonderful to behold .

Moreover , far above the City , and at some distance from the River , she digg'd a Chanel for the Fen , as deep as the water : which was in bredth every way , near three hundred and twenty furlongs : And the Earth digg'd out of it , she brought to the Banks of the River● 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 .

Greece : I Next come to those works of this kind , as were performed by the Grecians , wh●reof I shall give instance , in Thessalie and Acarnania . The first of these is said h h H●rod Polymnia l. 7. c. 129. p. 423. 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 , i i Ibid. 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 , k k Herod l. 2.10 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 l l Strab. l. 10. n. 458. 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 , n n L●v. 43.915.922 . being in Counsel conc●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 o o Plin. l. 18 c 3● ex Cu●ne . like as it is esteemed a most high commondation , for a private man to be called a good Hus●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 p p Liv. l. 39. 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 q q Strab. l. 5. 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 r r Odyss. l. 10. v. 158. 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 s s Hist. plant . l. 5. c. 9. ) had about ten miles of circuit : But in his time ( he wrote * * An. 460. Plin. 3.5 . about twenty years after Appius had been Cen●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 t t Liv. Epist. 49. Florus lib. 46. 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 u u Plin. l. 3. c. 5. è. 〈◊〉 , sui aevi . 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 Hus●andmen . But w w Pluta●●● Caes. p. 735 C. in after times , whilst the state ( distracted with civil Faction , ) negl●cted the maintenance of the Works , the waters again , by degrees , gained upon the Land ; so x x D●o ● . 44 p. 242. D. as Iulius Caesar had an intention , not only to have drayned the Fenns anew , but to have brought the Appian way through them .

Whether Augus●us did any thing to them , may be doubted ; for y y Pl●n 3.5 . & 26.4 . in Vespasians time they were come to that passe , that it was esteemed a miracle they should ever have been so well inhabited . At the same time ( I conjecture ) when the beds of the Rivers were scoured , and the lands trenched , was that great cut made through the midst of these Fens , which served afterwards , not so much for a Sewer , as the more direct and easie passage of the Traveller : For whereas the Appian way ( tracing the up-land ) turned Eastward , and went in compasse about the Fens● This , being drawn in a streight line , crosses over more directly , and meets the High-way again . About three miles from Terracina , ( saith z z S●●●b . l. 5. p. 233. B. Strabo ) as you go to Rome , this canal abutteth on the Appian way , and is replenished in many places , with the Fennish and River waters : The ordinary passage is in the night ; so as they who go aboard in the Evening , land in the Morning , and go on the rest of their journey in the Appian way . They passe also in the day-time , the Boats being towed with Mules . Which water-passage is elegantly described by Horace a a lib. ● . Sat. 5● ; where the company parting , he mentioneth the two wayes from Forum Appii , to Terracina , the Appian , and this by Boat .

This Landing-place next to Rome , was in after-times known by the name of Forum Appii , a small Town , inhabited b b I●id . v. ● . chiefly by Water-men , and Victuallers : but it is not evident whether it were formerly built , when the Appian was first made ; or whether now , upon this occasion , it was erected for the convenience of them that here do take water , & named from the Road whereon it stands . The use of this passage continued long after the restagnation of the Fens , which were not again drayned , til Trajan the Emperour ( performing the work , which Iulius Caesar perhaps intended ) made a stone way through the Pomptin Fens , building c c Dio. l. 63. p. 777. Inns thereon , & most magnificent Bridges , for the conveyance of such waters , as were on the upper part of the Fen ; In memory whereof , a monumental stone , was erected , with this Inscription , Copyed from the original at Terracina , by that learned Gentleman , Mr. Iohn Graves .

IMP. CAESAR DIVI NERVAE FILIVS NERVA TRAIANVS AVG. GERMANICVS DACICVS PONTIF . MAX. TRIB. POT . XIIII IMP. VI. COS. V. PP. * * Decenn●vium . XVIIII . SILICE SVA PEGVNIA . STRAVIT LIII .

This work of Trajans had no peculiar name ; but because it shortened the Appian way , was esteemed part of it : Yet about four hundred years after , from the number of Mile-stones , it was called Decennovium , the reckoning being d d Itin. Hieroso●ym . from Forum Appii , ad Medias ( the lodging of Trajan reared on the way ) ix miles ; From thence to Terracina , x more : And the Canal or River so called , because e e Procop. de b. Coth . l. 1.182 . it was xix miles long . After this , Theodoricus King of Italy , authorized one Decius to drayn f f Cass●od . Va● . l. 2. Ep. 32 , 33. Paludem Decennovii ● which he performed by cutting many Trenches , that were not before ; this being the third and last time , that these Marshes were laid dry ; and in memory thereof , caused this Inscription g g Gruter . p. 152. to be set up .

Anxuri , sive Terracinae , in Caesarei templo . DN . GLORIOSISS . ADQ. IN CLVTVS . REX . THE ODORICVS . VICT. AC . TRIF . SEMPER . AVG. BONO . REIP. NATVS . CVSTOS . LIBERTATIS . ET . PROPAGATOR . ROMANI . NOMINIS . DOMITOR GENTIVM . DECENNOVII . VIAE . APPIAE . ID EST A. TRIP . VSQ . TERRACENAM . ITER . AD. LOCA . QUAE . CONFLUENTIBUS AB . UTRAQ . PARTE . PALUDUM . PER. OMNES. RETRO-PRINCIPIVM . INVNDAVERVNT . VSVI. PVBLICO . ET . SECVRITATI . VIANTIVM . ADMIRANDA . PROPITIO . DEO . FELICITATE . RESTITVIT . OPERI . INIVNCTO . NAVITER . INSVDANTE . ADQ. CLEMENTISSIMI . PRINCIPIS . FELICITER . DESERVIENTE . PRAECONIIS . EX . PROSAPIA . DECIO RVM . CAEC . MAV . BASILIO . DECIO . VC . INL . EXPF . VRB. EXPPO . EX . CONS. ORD. PAT. QVI AD PERPETUANDAM . TANTI . DOMINI . GLORIAM . PER. PLVRIMOS . QVI. ANTE ERANT ALBEOS ..... ............................. DEDUCTA . IN. MARE . AQVA . IGNO●AE . ATAVIS . ET . NIMIS . ANTIQVAE . REDDI .......................

Sect. 2. Fossa Mariana .

This was made * * Plutarch in vi●â C. Marii aedit Luteti● 1624 p. 413 , 414. by the famous Marius h h Ante Christi incarna . an. 65. ( who was seven times Consul ) neer unto one of the out-falls of the great River Rhodanus , in that Fenny and Marish Countrey , not far from Aries ; and issueth into the Sea .

Sect. 3. The Fenns about Placentia .

These being occasioned by the overflowings of the Po , were i i Strab. l. 5. p. 217. drayned by Scaurus , who caused navigable Trenches to be cut , from them , into Parma . The like is still observable in the Territory of Ferrara ; which , though a low ground , and receiving the current of Po , with other Rivers of Lombardy , is yet secured by Banks and Works , which hinder their inundations ; particularly by the help of the Rotto di Ficarollo , and the Ramo di Polistella .

Sect. 4. Gallia Cis-Alpina .

This k k Strab. l. 5. Country much aboundeth with Rivers , especially that Territory belonging to the Venetians ; which lying flat and towards the Sea , by the flowing of the Tides became a Fenny Marish : But by the help of Trenches and Banks ( in such manner , as was long before experimented in the lower Egypt ) some part thereof hath been l l p. 212. drayned , and made useful for tillage ; some navigable , and some cut into Islands .

Sect. 5. Of the River Tiber.

To restrain the exorbitant overflowings of this stream , which was not a little choakt with dung and several old buildings that had fallen into it ; I find , m m Sueton in Aug. c. 30. that Augustus Caesar bestowed some cost in the clearing and scouring of it : And that after this , through n n Annal. Tacit . l. 1. abundance of rain , the low grounds about the City , suffering much by great inundations thereof , the remedy in preventing the like for the future , was , by the Emperour Tiberius , committed to the care of Ateius Capito , and L. Aruntius . Whereupon it was by them discussed in the Senate , Whether for the moderating the floods of this River , the Streams and Lakes , whereby it increased , should be turned another way : But to that proposal there were several objections made from sundry Cities and Colonies ; the Florentines desiring , that the Clanis might not be put out of it's accustomed Chanel , and turned into the River Arnus , in regard much prejudice would thereby befall them . In like manner did the Inhabitants of Terano argue ; affirming , that if the River Nar should but cut into smaller streams , the overflowings thereof would surround the most fruitful grounds of Italy . Neither were those of Reate ( a City in Umbria ) silent , who refused to stop the passage of the Lake Uelinus , ( now called Lago de Terni ) into the said River Nar. The businesse , therefore , finding this opposition , was let alone . After which , Nerva or Trajan attempted o o Plin. l. 8. Epist. 27. likewise , by a Trench , to prevent the fatal inundations of this River ; but without successe .

Sect. 6. The Fucine Lake .

Nor is it a little to be admired , what labour and costs the Romans bestowed in endeavours of this kind ; it being testified p p 〈◊〉 in vi●â Cl●ud●i cap. 20. of the Emperour Claudius , that he imployed no lesse than thirty thousand men , for the space of eleven years , without intermission , for drayning of the great Fucine q q Nov. ●word de C●lan● . Lake , in Italy : who digg'd for that purpose , a Chanel of three miles in length ; whereof part was cut through a Mountain ; yet did not accomplish the work . Which failing● no whit deterred posterity for making Father attempts therein : For it appears , r r C. P●in . Ep. l. x. 69. n. that Plinie described to the Emperour Trajan , how it might be perfected . What he did thereupon I find not ; for it was his successor Adrian that finisht † † 〈…〉 Sp●r● . d● Ad iano C● . in hist. Augu●t . Paris . aedita anno 1620. it .

CAP. V. The Belgique Provinces .

FRom the works of the Romans , in Italy , ( wherein I have instanced ) I now come to Belgique Provinces .

This Country was part of Gallia ; but so full of Woods and Fenns , that the victorious Caesar could not conquer it . — Omnes Gallias , nisi quae paludibus inviae fuere , ut Salustio docetur autore , post decennales belli mutuas clades , Caesar societati nostrae faederibus junxit aeternis , saith s s Li● . ●v . Am. Marcellinus . ( i. e. ) All France , except the Fenny parts , which are not pa●sable , after ten years warr , was by Caesar reduced . And afterwards saith t t Ibid. l. 39 farther , Hae verò Galliae , &c. But these parts of France , being , by reason of the Fenns , unpassable , are the Province of the Menapii , which Caesar could never possess , as Dion Cassius testifieth ; who speaketh of Caesar thus . — After this he marched with his Forces against the Morini , and the bordering Menapii , whom he thought had been terrified with his other warlike atchievements , and easie to be conquered , though he had subdued none of them : Howbeit , they , not dwelling in Towns , but in Cottages , within Fenny places compassed with thick Woods ; having hidden whatsoever they had most estimation of , did more annoyance to the wearied Romans , than they received from them . 'T is true , that Caesar cutting down the Woods , did attempt to passe the said Fens : But by reason of their greatnesse , and that the Winter season approached , despairing of successe , he forbore the enterprize .

Now , that this part of Gallia , here spoke of , is the same which we at this day call Flanders , we have the testimony of a late learned Writer u u O●iva●ius V●ed●us , in hi●t . Com ●landr . de vet. F●and . c●p. 1. p. 3. . Quamvis in Flandriâ fuisset hic author , &c. ( saith he . ) If this author had been himself in Flanders , and made a strict ocular Survey thereof , he conld not more exactly have described it , as it antiently was : For the Nervii and Attrebati , first met with vast Woods , about Gant , Ipres , and Cortray , even to Bruges ; and afterwards , having passed the woods ; with mighty Fens , where now the Territory of Franc ..... , F●rne , and Berge , are , extending to the main Ocean . It is the opinion , therefore , of some learned men , that it hath it's name from the watery and Fenny situation thereof : And Uredius w w Ib. c. 1. p. 9. taking notice of Kilianus his exposition of the word ulacke , that it signifies aestuarium , locus vicissim aestu maris , vel nudus , vel aquis stagnantibus offertus ; id est , a place whereunto , either the Sea-tides do eb and flow , or that is filled with standing waters , hath this expression — Adeoque , quia toto illo tractu , ab Ardenburgo Dixmudam usque , & ultra , plura ejusmodi aquosa loca & paludosa occurebant , toto regio Ulaendren dicta , undè Flandrae , numero plurali , voce in latinitatem deflexâ : i. e. Therefore because in that whole tract , from Ardenburg to Dixmuth , and beyond , there be many of those watrie and Fenny places , all the Country is called Ulaendren , and thence Flanders , in the plural number , the word being declined into Latine .

Much more could I adde , from the authority of Authentique Historians , to manifest how full of Marshes , Lakes , and Fenns , this Country antiently hath been , were it needful , though now there be little appearance that ever it was so ; forasmuch as by the industry of the Inhabitants , those Fenns and Marshes are so Banked and Drayned , that the fertility thereof hath made it one of the most rich and populous Countries in this part of the world .

There are those who affirm , that Baldwin the first , having wedded x x M●n● Cosm●gr . lib. 2. p. 119. Iudith , daughter to the Emperour Charles the bald , who was also King of France , had by the gift of the said King , this territory of Flanders , whereof he was made Earl : And that this Baldwin , besides his building the Castle of Bruges , and other places of strength , did much in clearing of the Woods and exsiccation of the Marshes , for making the Country more habitable and fruitfull . That this is undoubtedly true , I am induced to believe , from what the learned Uredius , before-mentioned , saith of this Earl ; viz. — Eo anno , sc. DCCCLxiiii . & anno sequenti , Baldvinus operam adhibuit Brugensi castro & vico , aquis & firmitatibus muniendis , adversus Normannos , ex Edictis Synodi Pistensis anno DCCCLxii . & DCCCLxiii . quae habentur in Capitulis Caroli Calvi , editis â ☞ Sirmondo — ut illi qui in hostem pergere non pot●erint , juxta antiquam , & aliarum gentium consuetudinem , ad Civitates novas , & pontes , ac transitus paludum operentur ; & in Civitate atque in marchâ wu●actas faciant ad defensionem patriae , omnes sine ullâ excusatione veniant . i. e. In the year DCCCLxiiii . and the year following , Baldwin bestowed labour in fortifying the Castle and Town of Bruges , with Moats and Bulwarks , against the Normans , by virtue of the Edicts of the Pistensian Synod , held in the year DCCCLxii . and DCCCLxiii . which are recorded in the Statutes of Charls the bald , published by Sirmondus — viz. that they who were not able to march against the Enemy ; should , according to the antient custome of other Nations , be imployed in the making of new Cities , Bridges , and passages over the Fens : And , without any excuse , should come to raise Banks in the Cities and limits of the Country , for the defence thereof .

The story of drayning that part of this Country , lying betwixt Dam and Ardenburg , and thereby making it habitable , being very memorable , and much to the honour of those who were active in that work , I shall in the next place exhibit .

In y y Hist. of the Netherlands p. 14 & 15. the year MCLxix . Floris Earl of Holland , demanding the Isle of Walchren , in Zeeland , from Philip Earl of Flanders ; after a warr betwixt them , upon this quarrel , they came to an accord ; viz. That Count Philip should enjoy to him and his heirs for ever , the Land of Waes , ( which is one of the best quarters of Flanders , which the Earls of Holland had formerly held ) and Floris to be restored to the said Isle of Walchren ; in consideration whereof , he should send to Count Philip a thousand men , expert in making of Ditches , to stop the breach , which had been made neer unto Dam , or the Sluse ; whereby the Countrey was drowned round about , at every high Sea ; the which the Flemings could by no means fill up , neither with wood , nor any other matter , for that all sunk as in a gulf without any bottom , whereby in processe of time , Bruges and all that jurisdiction had been in danger of being lost by inundation , and to become all Sea , if it were not speedily repaired . Wheerupon Count Floris sent the best workmen that he could find in all his Countryes : who being come to the place , they found a great hole , neer unto this Dam ; and at the entrance thereof , a Sea Dog , that , for six dayes together , did nothing but cry and howl very terribly . They not knowing what it might signifie , resolved to cast this Dog into that hole ; whereupon a mad-headed Hollander , getting into the bottome of the Dike , took the Dog by the tail , and cast him into the midst of the Gulf , with earth and turf after him ; so as , finding a bottom , they filled it up , by little and little .

And because many workmen , that came in to the repairing of this work , lodg'd in Cabins ( which made the place seem a pretty Town ) Count Philip gave to them , and such others as would inhabit there , as much land , as they could recover , from Dam to Ardenburg , for them and their successors for ever , with divers immunities and freedomes ; by reason whereof , many planted themselves there , and in tract of time made it a good Town ; the which , by reason of this Dog , so cast into the hole , they named Hontsdam ; that is to say , a Dogs-Sluce ; Dam in Flemish signifying a Sluce , and Hondt a Dog : And therefore , at this day , the said Town ( now called Dam ) carryeth a Dog in their Arms.

After this , viz. in the year of Christ MCLxxx . were the Banks from Dam to Sluse ( then called Lamminsuliet ) raised and made ; z z Annales F●andr . pet Meie●um . by which means the Sea , which had drowned all that tract , was excluded .

I now descend to Holland and Zeland .

CAP. VI. HOLLAND .

THis Country , consisting of a threefold earth ; viz. Sandy to the Sea , Clay to the Rivers , and Moorish in other places , is accounted , sa●●h Bertius a a P. Ber●ius , de agg●●i us &c. cap 13. , not without good reason , to be the gift of the Ocean , and of the Rivers Rhene and Mose , as Egypt is of the River Nile , by the testimony of Herodotus : Consonant whereunto , is that expression of b b Lib. ● . mis●●lan . cap. 1. Petr. Nannius — Quod si penitùs liceat in origines nostras inquirere , omnino mihi persuadeo , Hollandiam munus Boreae ac Rheni esse , &c. i. e. If it be at all lawful to enquire into our Original , I wholly perswade my self , that Holland is the gift of the North-wind , and of the River Rhene ; and was in the beginning no other than a more high place than ordinary , over which the tides did usually flow ; whereby , through the increase of the sands , which the North-wind ( fiercely agitating the waves ) stirr'd up , it first grew to be a shore , and afterwards raised those sandy heaps , which we dayly see , both to be made and destroyed . And further addeth , that the waters of the Rhene , by this stop , being kept up as it were with a Bank , setled the mud , brought down by the stream , a●out the shores ; and so by long and frequent inundations produced these Pastures . For it cannot be imagined , saith Bertius ; c c P. B●●tius de aggeribus c. 13. that the face of this Country was alwayes as it now is discerned to be ; or that it soon arose from it's former condition , unto this fertile and pleasant state , in which we behold it at present ; there being much time , extraordinary labour , excessive study , vast expences , and great diligence necessary thereto : Nature therefore first inviting the Inhabitants bordering neer unto it , to make those Banks of sand , as a defence against the North-wind ; and necessity also spurring them on ( than which no Master is more ingenious and powerful ) in time , those their accustomed endeavours became a second nature to them ; it being not unusuall to see the very Boys and Girls , when they come to the Sea-side to recreate themselves , to put off their stockings and shooes , and taking up the sand with their singers , to make walls therewith against the Ocean ; within which thus encompassing themselves , they despise the force of the Waves .

That the Batavians ( a warlike and hardy people of Germany ) were the first , who obser●ing aswell the natural richnesse of the soyl , which the surges of the Ocean , had , of it's silt , sands , and mud , so raised in time , to the height of it's usual tides ; did by their great industry , in making of large and strong Banks , thus gain it from the Sea , and make it habitable , we have the credit of divers d d Munst. Cosm. ● . 516. ● . Bertius ut supra . Historians : As also , that the Danes and Normans , did , after their invasion thereof , continue to preserve what they found so gotten . Nay , I find e e I●id . that the Saxons , whom my Author calls Aggerum exstruendorum peritos , skilful men in making such Banks , did exercise their industry in this kind , here ; the Town of Saxhenheym giving also some testimony thereof . Nor is it unlikely , but that the Francs , whose native seat these parts of the Netherlands was , contributed much to the works , here , of that kind ; forasmuch as 't is app●rent f f Ibid. , that they were the raisers of those Banks upon the Loyre in France , which do restrain the inundations of that River from drowning the Plains that lye adjacent thereto . How much honour , therefore , is due to the memory of those industrious people , who did first set upon this great and profitable work , I cannot easily express : For invenire , primum praecipuumque est , &c. saith g g D● rerum invent . in Epist. s●â ibid●m , Lu●ovico Odaxio . Polydore Virg. i. e. The first invention is the chief and principal thing , the ●ame whereof so exciteth many , out of the love they have to themselves , that every one , were it possible , would be accounted the Author of some Art ; because without Arts , it is evident , that there could be no living . Whereunto may be added , the consideration of it's difficulty , which makes it much the more regardable — Quid enim la●dis ( saith h h Ib●d. the before mentioned Author ) assecutus esset Caesar● si facile fuisset Britannis bellum inferre ? Aut Hannibal , quantum gloriae sibi comparasset , si pervias Alpes , dum Italiam adiret , citra , ut dicitur , pulverem , sudoremque , ac non magnâ suorum caede fecisset ? i. e. For what renown had Caesar got , if his warre with the Britans had been an easie businesse ? Or what glory had Hannibal obtained , if he had passed the Alpes with dust only and sweat , and not without great slaughter of his Souldiers ?

Nor can I be silent in the due praise of their Posterity , through whose industry , not only what hath been so happily gained by their Ancestors , is ( for the most part ) kept and maintained ; but besides the dayly improvement thereof , through their singular dexterity and diligence , much more , frequently , increased and gained . To which end , and that those their defensive walls may be the better preserved , they do constitu●e peculiar Magistrates , whose charge and Office it is to look to them ; whom they call P. Bertius ut supra . Diickgraven , that by them , both the inner and outer Banks , may upon all occasions be repaired and made good , in case of any breach or weakning in them . Which Banks are of that strength and height , that they do preserve the Country from certain drowning at the high tides : For it is evident to all that sayl in the Ports of these flat Countries , that at full Sea , the Fields within the Banks , wherein Cattle are depasturing , and Corn growing , do lye below the levell of the Ocean , which is to many no small astonishment .

Having thus shewed , how and by whom this Country of Holland was first gained and made habitable , I will now make some observation , of those advantages as have been farther acquired of late years , by this active and ingenious people in their great and beneficial improvements ; the number of the Inhabitants so much increasing , as that urgent necessity enforc'd them to make use of their utmost skill , for the accomplishing somewhat , as might be considerable in such a case . This was by drayning of sundry Lakes , whereof sixteen were most considerable ; all which was performed within the space of these last fifty years , by certain Wind-mills , devised and erected for that purpose . The chiefest of which Lakes , called the Beemster ( containing above eighteen hundred Acres ) made dry by the help of Lxx. of those Mills , and walled about with a Bank of great strength and substance , is now become a place of such profit and pleasure , through the abundance of Cattel , that are fed in it , and the plantation therein , otherwise made , that it may not without desert , be very justly called , the most famous Garden of all that Province .

The other Lakes , so drayned , as I have said , do lye about the Cities of Alcmare , Horne , and Purmerende ; and are vulgarly called de Schermere , de W●ert , de Pucmer , and de Wormer : Which , being drayned by the help of fewer Mills , are now become not only most fruitful Pastures ; and little inferiour to the Beemster ; but have so inricht the adjoyning villages , by the concourse of people to them , that through the great emolumēt to the publick Treasury , and the abundance of Cheese and Butter there made , there seemeth to be a new Holland within the old .

That the performance of these eminent works , required extraordinary knowledge and skill , which antient times had not attained to , and forein Nations now admire , is not to be doubted ; the Engines of several kinds made use of , in this businesse , for raising up the water and casting it off , being framed by men of singular judgements in Mathematical learning , and suitable to the depth of the water , or opportune conveying it away .

Neither have the attempts of these people , by the like commendable enterprizes , in South-Holland , about the Cities of Leden , Dort , and Amsterdam had lesse successe ; there having been divers thousands of Acres , formerly overwhelm'd with water , made good and firm land , within these few years , by the help of these Engins , as I have been credibly informed by that learned Gentleman , Dr. Iohn de Laet of Leyden , to whom I have been beholden for much that I have here said , touching these improvements in Holland , in such sort as I have expressed .

CAP. VII . FRISELAND .

THis Country , situate also very low , and much subject to inundations from the Sea , wanteth not the like advantages by Walls and Banks of earth , for it 's better safeguard , as that of Holland hath ; nor of lesse antiquity ( I presume : ) But those elder times , I shall passe by , and take notice of that remarkable and famous work , of this kind , done by k k Pierii Winsemi● hist. de rebus Frisicis l. 3. p. 241. Gaspar Roblesius ( a Portugal ) Governour of this Province and Groningen , under Philip the second K. of Spain .

About the year MDLxxvi . this worthy person , having driven out Entenius ( a Rebel ) and dispersed his Forces , betaking himself to works and studies , besitting a time of peace , perfected that famous Sea-Bank , by which Westergoos ( a part of that Territory ) was defended from the overflowing of the Ocean ; which for many Ages , had by it's tides , occasioned infinite damage to the Country ; thereby raising to his memory a lasting Monument of his fame : For by his contrivance it was , that the work was set upon ; and by his power , that the people , of themselves averse and slow to so publick and beneficial a work , were compelled to come in , man by man , to raise this strong Bank , as if it had been to quench a Fire : In this alone , it being a work , of security to the Country , and for his Honour , which exceeded the renown of those that had been the preceding Governours of that Country , under the Em●perour Charles the vth . and the said King Philip , to last ( saith my Author l l Ibid. ) quamdiu natura rerum , aut mari limes sit . i. e. to the end of the world . For this famous Sea-Bank , being perfected , Adrianus Vastartius , and Iohannes Carolus went to Harling , and erected a Monumental pillar of stone , upon the shore there , which should give bounds to the maritime and mediteranean Westergois ; and thenceforth avoid all future contention about the repairing that Sea-bank ; in the foundation of which pillar were laid twelve thousand Bricks , the height of it being xx . foot above the top of the said Sea-Bank , and this Inscription towards the West .

Caspari à Robles Equiti , domino de Billi &c. Frisiae , Gro●ingae , ejusque territorii ac adjacentium gubernatori , quod hanc provinciam , praeter arma , consiliis & munimentis juverit ; ac inter caetera aggere-ipsis Kal. Nov. MDLxx . funditus everso , amplissimi D. Viglii Zuichemi , patris patriae , auxiliaribus operis , & adhibitis Igramo ab Achelen Pr. Adriano vastaret , Petro Frittema , & Ioanne Carolo senatoribus , conciliorum sociis , novum maris propugnaculum , summo labore , vigiliâ , & celeritate , decretis quoque , & de suo persolutis diligentiae praemiis , tribus plus minus mensibus à fundamentis erexerit , & ad summam manum perduxerit ; atque hunc lapidem , sublatis controversiarum litibus terminum esse voluit ; gratus Provincialium ordo , ob rem prudenter , benè & fideliter gestam , de se ac de Republicâ optimè merito .

In m m Ex relat. v. cl. Ioh. de L● et . this Province , likewise , and in Groningen , which adjoyneth thereto , divers Lakes have also been drayned of late years , which are now become most fruitful Pastures : Amongst which the most notable , was a certain Fenny tract , which in the Dutch Language , they called de Wilde Weemh ; which , at the costs of divers Merchants of Amsterdam , is become such rich meadow ground , that within these six or seven years last past , about the number of ten thousand people , went thither to plant themselves , who do now live there very happily .

CAP. VIII . ZELAND●

IN Aᵒ MDxxxvi , n n Hist ●f ●he N●therlands . p. 161. the new Haven of Middleburg , in the Island of Walcren , passing in a straight line from the Town unto the Bank of the Island , where it falls into the Sea , was finished . Before this their Haven was neer unto the salt Marshes to Armuyden , having a crooked course unto the Town , and there very discommodious .

And in o o Ibid. p. 177. Aᵒ MDxlvii . Adolph of Burgundy , Seignior of Chapelle and Wackene ; Ierosme Sandelin Sei●nior of Herentont , Receiver of Bewesterscheldt in Zeeland , and some private Gentlemen , did recover and wall in , about Sheerenskerke , and Henkepsandt , in the Country of Zuydbeveclandt ( otherwise called the Isle of Ter Goes ) the old inclosure or Poidor ( which is a land won from the Sea ) the which before the inundation , was usually called Zeeshuys , so as it remained a long time unprofitable ; but since it's recovery , they call it Cray ; at this present a most fertile Country .

It would require a Volume , to give instance of the sundry works of this nature in these low Countries , by Banks , Ditches and Sluces . Nor have they been lesse active in Brabant , as it should seem : For in the opinion of the learned p p Nennius Alemanensis , that Country , now a fair and dry habitation , hath been Sea almost as far as Tongerne .

CAP. IX . HOLSTEIN .

IN Holsatia likewise , Holstein . about Dithmarsh , and the tracts of Wilstar , and Crempen , consisting of Low grounds and subject to inundations ; Iohannes Adolphus , Duke of Holstein , beginning in the year MDCx . by notable works , within the compass of five years , s●cured many thousand acres , & improved the lands above three hundred thousand Dollars : which being effected , he parcell'd them out by gift or sale unto his Subjects ; reserving out of every portion , a Rent unto himself ; Tantum territorii subditis & amicis cessit , ea lege , ut vel aggeribus cingatur , vel ab aquis intestinis liberetur , & hinc quotannis celsitudinis suae aerario , certus Canon , pro quolibet * * Every d●●●tum contains 36 virgae in length , and 6 in bredth ; and every Virga 16 foot . demeto numeretur , as the learned Schoneveldeus q q In Scithyologia . p. 47. reporteth .

CAP. X. AMERICA .

NEither do we want examples of this nature , in America : For the City of Mexico , being seated in a great Lake , much subject to inundations , which had almost destroyed it ; in the year MDCxxxiiii . the Spaniards with mighty industry , secured that habitation , by turning the Lake , and so laying the City dry .

CAP XI .

HAving now done with my observations of the most remarkable Bankings and Draynings in Forein parts , which by way of Introduction , I thought fit to be taken notice of ; I come to England , that being the place of my farther designed discourse on this subject : Wherein , for my more orderly proceeding , I do purpose to begin with Kent , in respect of it's Eastern situation ; and in it , first , with Romney Marsh , a spacious tract in that Country , and more antiently secured from the inundations of the Ocean , than any other part of this Realm , as may seem by the Laws and Constitutions for regulating it's repair , which have been long ago made the Rule and Standard , whereunto all the other Marshes and Fenns in this Nation , were to conform .

And in the next place to take a view of the other , heretofore , surrounded Marshes in that County , aswel adjacent to the Thames , as bordering on the Sea : And , having so done , to ascend up the stream of that fair River , on the South-side : And then descending on the North side , to observe what I have met with , which is memorable , in reference to any Marshes that lye on either . Thence into Sussex , Somersetshire , Gloucestershire , Yorkshire , and Lincolnshire ; and lastly to that great Levell , which extends it self no lesse than Lx. miles , and into six Counties ; viz. Cambridge , Huntindon , Northampton , Norfolk , Suffolk , and Lincolnshire , wherewith I shall conclude this work .

How long since , or by whom , this fruitful and large tract , containing r r Lamb. peram . of Kent ( aedit . Lond. 1656. ) p. 211. no lesse than twenty four thousand Acres , was won from the Sea , there is no testimony left to us from any Record or Historian , that ever I could discover : Which defect , doth strongly argue , that the first gaining thereof was a work of the greater antiquity .

'T is true , that munire viam , is a phrase used by Cicero , for the paving a way , or making a Caus●y : And some u u Dr. Holland , in his transl . of Cambd. Brit. are of opinion , that here , the words paludibus emuniendis , are to have the like signification , and to be construed in making Causeys over the Fens : But if it should , as I cannot well admit , it must be granted , that before any pavement or Causeys could be made in such places , the water was , of necessity , first to be taken and kept off , by drayning and banking : So that , allowing that construction , what I endeavour to prove will be well enough made good ; viz. that the bankings and draynings , both here and in some other parts of this Realm , which were , before that time , overflowed by Sea-tides , was a work of the Romans ; as when I come to Holland in Lincolnshire , and Marshland in Norfolk , I purpose more fully to demonstrate .

And therefore , forasmuch as the Romans , when they were here in Britain , did something in this kind , as I shall make more evident in my discourse of Holland and Marshland , before specified , from undoubted testimonies ; I cannot but conclude , that this Marsh was a part thereof ; in regard , that not long after their desertion of this Country , I find mention of it , and that it was then inhabited . For in the year of Christ DCCXCvi . it is thus said w w E●h●lw . Chron. l. 3. f. ●78 . a. of Ceolf King of Mercia ; viz. that Cantiam vastavit , & provinciam quae dicitur Mers●wari ; which ( no doubt ) is meant this Romney Marsh : For the learned Cambden , in his Britannia , speaking of it , saith , that in the Saxons time , the Inhabitants thereof were called 〈◊〉〈◊〉〈◊〉〈◊〉〈◊〉 , id est , viri palustres , Marshmen ; which accordeth fitly with the nature of this place .

There are who suppose , that the name of it , viz. Romeney , doth declare sufficiently , that it was , at first , won from the Sea by the Romans : But x x Peramb . of Kent . p. 208. Mr. Lambert saith , that it was , in the Saxons time , written Rumen-ea , id est the large watry place ; and since that R●menale , and Romenale , corruptly . Consonant to which expression of his , I find , that the River , pas●●ng through this Marsh , was antiently called Rumen ea : For so it appeareth by that grant y y L●l . Co●● . vol. 2. p. 57. of Pleigmund the Archbishop , made to Christs-Church in Canterbury , about the year of Christ , DCCCC . in these words — Concedo Ecclesiae Christi , terram quae vocatur Wefing merse , juxta flumen quod vocatur Rumen ea .

Having now , by these circumstantial testimonies shewed , that the Romans were they , that by their skill and experience in such works of Banking and Drayning , did first gain this rich and large tract of ground , from the impetutuous Sea-tides ; I shall now descend to those Statutes and Ordinances , which the care and wisdome of succeeding ages did make , for the preservation and defence thereof , from being again drowned and destroyed , by the violent over-flowings of the Ocean .

That the Common Laws of England , whereof we find no original , were z z Docto● and Student c. 7. at first certain Constitutions made by some of the antient Kings and Rulers of this Nation , there is none ( I presume ) that doubteth , though there be no other authority for to back them , than long usage and custome . The like therefore ( I suppose ) were the Statutes and Ordinances for the conservation of this Marsh : For albeit we are yet to learn , when and by whom they were first framed and composed , it is evident from the testimony of unquestionable Records , that above four hundred years since , they were called antiquas & approbatas consuetudines , i.e. antient and approved Customes : For Claus. 35. H 3 m 16 in ●●r●o . in 35 H. 3. the King , directing his Writ to the Sheriff of Kent , and thereby declaring b b Ibid. , that Complaint having been made to him , on the behalf of the xxiiii Jurats , made choice of for the conservation of the Marsh and Sea-Banks of R●menale ; importing , that whereas in pursuance of their antient and approved Customes , they had distrained those , who ought of right to repair those Banks , according to the proportion of their Tenements , for the safeguard and defence of all the Country against the Sea : And that he the said Shireeve had made Replevin of the same distresses ; commanded him , that in case he had so done , he should return them back to the said Guardians , and permit those Jurats to use their Customes and Liberties , for the defence of themselves and others against the Sea , as they ought and had wont to do , lest farther complaint should be made thereof , and that by him any peril might come to the said K. & Kingdome ; because ( as the same Mandate expresseth ) they are ready to exhibit Justice to every Complainant , according to their Customes to that time obtained and used ; and likewise to abide the Law , as they ought and had wont to do , if they had in any thing transgressed against those usual Customes . By which precept he was moreover forbidden to make any future replevin , by virtue of whatsoever Writ from the said King : quia necessitas defensionis talis inopinata , si venerit ( saith the Record ) legi communi vel justitiae subesse non poterit . i.e. because the unforeseen necessity of such defence , in case it should happen , cannot be subject to the Common Law , or Iustice .

Nay , so tender was the said King , for the preservation and security of this famous and fruitful Marsh , that , the next year following , by his Letters Pa●tents , bearing date at S. Edmunds●ury , c c Claus. 36. H. 3. m 4. the second of September , directed likewise to the Shireeve of Kent , making this recital ; viz. that because xxiiij lawful men , of the Marsh of Rumenale , elected and sworn for that purpose , time out of mind , ought to make distresses upon all those , which have lands in the said Marsh , for the repairing of the Banks and Water-courses thereof , against the violence and danger of the Sea : and upon all others which are obliged and bound to the repair of the said Banks and Water-courses ; he granted to those xxiiij that for the security of the said Marsh , they should make those-distresses , so that they were done equally , according to the proportion more or lesse , which each man had therein , and according as some of them were obliged and bound : And therefore commanded the said Shireeve , that for avoiding of perill , he should neither by himself nor his Bayliffs , meddle with the distresses so made by the appointment of the said xxiiij Jurats . Farther signifying , that whosoever should make complaint to him upon consideration of the said distresses , he would do him Justice in his own Court , and reserve that Justice to himself , or his own special Mandate .

But after this , viz. in the 41 H. 3. it being represented d d Pat 42 H. 3. m. 10. in dorso . to the said King , by certain of his loyal Subjects ; that whereas , time beyond memory , judgements ought to be made , by xxiiij lawful men of the Marsh of Romenalle , to that purpose chosen and sworn , for the distraining of all those which had lands in the said Marsh , to the repair of the Banks aud Water-courses of the same , against the force of the Sea , and peril of inundation by other waters ; as also of all those , who were otherwise obliged or bound to those repairs , he the said King , by his special Precept e e Ibid. , bearing date at Mertone the xvith of April , directed to Henry de Bathe ( a famous Justice Itinerant of that time ) reciting his Letters Patents next above mentioned ; with the power thereby given to the said xxiiij Jurats , touching the taking of distresses , as aforesaid ; and signifying , that the said xxiiij Jurats , having had opposition and resistance by certain persons of the said Marsh , who were obliged to the repair of those Banks and Water-gangs , according to the quantity of the lands , which they had therein , were not able to make the before-specified distresses : Whereupon the said Banks and Water-gangs , being not repaired , the inundations from the Sea and other waters overflowed this Marsh , to the inestimable damage of the said King and the Inhabitants thereof . Being therefore desirous to provide for his own Profit and Indempnity , and the men of the said Marsh , he constituted the said Henry de Bathe , his Justice , to hear and determine the controversies touching those repairs , risen betwixt the said Jurats and the Marsh-men , who were so obliged to the same repairs , according to the quantity of their Lands and Tenements lying therein , and according to what some men were otherwise bound or obliged ; commanding him , that at a certain day and place , to be by him appointed , he should be in those parts , to hear and determine the said controversies , and to provide for the security and defence of the said Marsh , as aforesaid . And moreover to signifie in writing , distinctly and plainly , unto him the said King , what he had done therein , that the same might be inrolled . And directed , likewise , his Mandate to the Shireeve of Kent , that at a certain day and place to be assigned by the said Henry , he should cause such and so many honest and lawful men , of this Bayliwick , to come before him ; by which persons the said differences might be the more fitly determined , and provision for security of the said Marsh the better made . And that the said Shireeve should personally assist and attend the said Henry therein , as he the said Henry , on the said King's behalf should enjoyn him .

By authority of which Precept , the said Henry de Bathe , with his associates ; viz. Nicholas de Hanlou , and Alured de Dene , sate f f Claus. 42. H. 3. in dorso m. 9. at Romenhale upon the Saturday after the Feast of the Nativity of the Blessed Virgin , in the said xlii year of King Henry the third , before specified ; to which place the said Shireeve of Kent , his assistant , by virtue likewise of the said Writ , then brought thither so many and such lawful men of his Bayliwick , as aforesaid , by whom these differences might be determined , and provision for the safety of the said Marsh the better made . And the said Henry , at the request of the Councel of the Commonality of the said Marsh , then and there likewise being , and none of the Marsh-men gain-saying it , made and constituted these following Ordinances ; viz.

That twelve lawful men should be made choice of , The Ordinances of Henry de Bathe . by the Commonality of the said Marsh ; viz. six of the Fee of the Archbishop of Canterbury , and six of the Barony ; who , being sworn , should measure both the new Banks and the old , and those other , which ought to be new made ; the measure to be , by one and the same perch scil. of xx foot . And that afterwards the said Iurats should likewise , according to the same perch , measure by Acres all the Lands and Tenements , which were subject to danger , within the said Marsh. And all the said measure being so made , that then xxiiii men , first elected by the Commonality , and sworn , having respect to the quantity of the Banks of those Lands , which lay subject to peril , upon their oaths to appoint out every man his share and portion of the same Banks , which should so belong to him , to be made and sustained ; so that according to the proportion of the Acres subject to danger , there should be assigned to every man his share of perches ; and that the said assignation should be made by certain limits , so that it might be known where , and by what places , and how much each man should be obliged to maintain .

And that when necessity should happen , by occasion whereof it might be requisite to withstand or resist the danger and violence of the Sea , in repairing of the before specified Banks , that the said xxiiii Iurats should meet together , and view the places of danger , and consider to whom the de●ence of the same should be assigned , and within what time to be repaired .

And that the common Bayliff of the said Marsh , should give notice to those , unto whose defence the said places should be assigned , that they should defend and repair them , within the time assigned by the said xxiiii Iurats : And if they neglected so to do , that then the said common Bayliff should , at his own chardge , make good the said repairs , by the oversight of the xxiiii Iurats : And that afterwards , the party so neglecting should be obliged to render to the said Bayliff , double the chardge so laid out by him about those repairs : Which double to be reserved for the benefit of the said Banks , and the repair of them : And that the party so neglecting should be distrained for the same , by his lands situate within the said Marsh.

Moreover , in case any parcel of land should be held in common by partners , so that a certain place could not be assigned to each partner for his own proportion ; viz. a whole or half perch , in respect of the small quantity of the Land ; that then it should be ordained by the oaths of the xxiiii Iurats , and viewed what proportion of the said land so held in common he might be able to defend ; and thereupon a certain portion so to be defended by the said partners , in common , to be assigned to them . And if any of the said partners should neglect to defend his portion , after admonition given to them by the Bayliff , the said portion of the party so neglecting to be assigned to the other partners , who ought to make the like defence : Which partners to hold the portion of the party so neglecting , in their hands , untill he should pay his proportion of the costs laid out about the same defence , by the oversight of the xxiiii Iurats ; and also double towards the Commodities of the said Banks , and the repair of them , as aforesaid .

And that if all the partners should happen to be negligent in the premisses , then that the common Bayliff before mentioned , should make good the whole defence , at his own proper costs , and afterwards distrain all those partners , in double the chardges so by him expended in the said defence , by view of the xxiiii Iurats , as aforesaid : Saving to the chief Lords in the said Marsh , the right which they have against their Tenants , touching this defence , according to their Feoffments .

And ( lastly ) that all the lands in the said Marsh be kept and maintained against the violence of the Sea , and the floods of the fresh waters , with Banks and Sewers , by the Oath and consideration of xxiiii Iurats , at the least , for their preservation , as antiently had been accustomed .

About this time I find g g Pat. 42. H. 3. m. 7. , that the K. had advertisement , that his Haven of Rumenale was in great danger of destruction , to the no little damage of the publick , and excessive annoyance of the Town of Rumenale , unlesse the course of the River of Newendene , whereupon the said Haven was founded , being then diverted by the overflowings of the Sea , were reduced to the said Port : And that he was informed by an Inquisition , made by Nicholas de Handlon , whom he had sent into those parts , to provide and ordain in what sort the said stream might be again brought to the same Haven , by it's antient Chanel , or a new one to be made ; that it could not be so reduced , nor the said Haven preserved for the common benefit of the said Port and Town , except certain obstructions , which were in the old course of that River , were removed ; and that a new Chanel were made , neer to the same old course ; viz. from a certain Crosse , belonging to the Hospital of infirm people at Rumenale ( standing by Aghenepend ) unto Effetone ; and from Effetone to the house of William le Byll , and so to Melepend ; and thence descending unto the said Port ; so that a Sluse be made under the Town of Apeltre , for reception of the Salt-water entring into the said River , by the inundation of the Sea , from the parts of Winchelsea , and for retaining thereof in it's passage and recourse to the Sea ; to the intent that the same water might come together with the fresh water of that River , by the antient course , into the before specified new course ; and so by that passage directly to descend and fall into the said Haven . And that another Sluse should be made at Snerega●e , and a third neer to the said Port , where that water might descend into the Sea , for restraint only of the Sea-tide on that part , that it enter not into the said course , but reserving the antient and oblique course from the said Crosse to the before specified Haven .

The King therefore providently desiring the common profit and safe-guard of the said Port , by his Precept h h Ibid. dated at Oxford the xxith of Iune , commanded the said Nicholas , that he should repair in his proper person , upon a certain day assigned , unto those parts ; together with the Shireeve of Kent , unto whom the said King had thereupon sent his Writ ; and by the Oaths of xxiiii aswel Knights as other free and lawful men of the neighbourhood , by whom the truth might be the better known , to make estimation how much of other mens lands would be necessary to be taken for the making of the said new Chanel and Sluses ; and what those lands were worth by the year ; and to make speedy assignation to the Tenants of those lands , to the value of the same lands or more , out of the lands or mony of the Barons and honest men of the said Port : as also to remove the said obstructions in the old Chanel ; and to make the said new Chanel and Sluses , in the lands of whomsoever it should be requisite , for the common benefit and advantage of the said Port and Town of Rumenale , as aforesaid . And the said Shireeve of Kent was likewise commanded , that he should diligently assist and attend the before specified Nicholas , in this businesse ; and to cause the said xxiiii Knights and others of the neighbourhood , as aforesaid , to be before the said Nicholas , at the same day and place .

But notwithstanding those Ordinances , so made by the said Henry de Bathe , for the defence and preservation of this Marsh , and taking distresses for that purpose : And also , notwithstanding the former Precepts from the King to the Shireeve of Kent . forbidding him to intermeddle at all with any more distresses so taken ( as I have at large already shewed ) it appears , that the Shireeve did again make Replevin of some distresses , taken by virtue of those Ordinances : For in 43 H. 3. I find i i Ex eod. MS. penes Oliv. S. Iohn Arm. f. 9. a. , that the King issued out another Writ to the said Shireeve , bearing date the xxth of April , requiting him to return back those distresses , to the end that no more complaint might be made against him upon that occasion , for which he might farther incurr the said King's displeasure .

k k lb. f. 9. b. To give instance of all the particular persons , who opposed these Ordinances , it would be too tedious , could I exactly do it , I shall therefore here take notice of one only sute in this case , which was commenced by one Godfrey le Fau●oner , against Hamon Pitte , Iohn Cobbe , and others , for taking ten Cows by way of distresse , upon his the said Godfrey's Mannour of Hurst , for his disobedience to the said Ordinances . To which action the said Hamon and his Fellow-defendants pleaded , that the said Godfrey enjoyed certain possessions , lying in Romney Marsh ; in which Marsh , all that hold any lands , ought , according to the quantity of their Tenements , to make the Banks and Water-courses , against the Sea and other inundation of water : And that the xxiiii men o● that Marsh , chosen and sworn by the commonality thereof , ought to make distresses in the same , upon all the Landholders , according to the quantity of their Tenements , whensoever the Banks and Water-courses thereof should stand in need of repair . Which said Jurats ( as the custome was ) because they could not attend it themselves , made choice of the said Hamon to take those distresses , and constituted him their Bayliff so to do : ☞ And that they have this liberty by the antient Custome of the said Marsh , and by the Kings Charter , which they then produced .

Whereupon they say , that , by teason of the said Godfrey's default , that distresse taken for repair of those Banks and Watergangs was justly made : Of which , there were assigned by the said Jurats , three perch and a half at the least , for his proportion in the Bank of Apuldre , to be repaired at his costs ; and according to the overflowing of the waters , more , if need should be , in divers places : And whether they might not have taken a greater distresse upon him , they appeal to the Country .

They say neverthelesse also , that they took upon one A. B. a Fermour to the said Godfrey , ten Steers and ten Lambs , belonging to I. N. Tenant also to the said Godfrey , by reason of his default in repairing the said Banks and Water-gangs ; for which they afterwards made satisfaction , and had their Cattel again . And being questioned for how much he took the first distresse , and for how much the second ; he said , that the first default of the said Godfrey was estimated at four Marks ; and the second at xlviiis.

And the said Godfrey alleged , that he held those Tenements in the Marsh aforesaid , by the grant of Henry sometime King of England , Grand-father to King Henry then being : And that the same King Henry gave them to William the Son of Balderic , ancestor of the said Godfrey , whose heir he is . And that by this grant , both his Ancestors and himself after them , alwayes held their Tenements in the said Marsh , as freely and quietly as the said Baldric first held them . And he farther said , that this custome for the repair of those Banks and Watergangs , was never required , neither of his said Ancestors , nor himself , till about five years then last past ; that the said Hamon was made Bayliff for the custody of the same Banks and Watergangs ; nor that they ever made them at any time ; and produced the Charter of the said King Henry ( the second : ) And moreover said , that his Ancestors held those Tenements by that ●eoffment , so freely that they never did any repair to the said Banks not Water-gangs : And that neither he , after he possessed the same lands , nor his Ancestors were ever distrained , till within these five or six years last passed , that the said Hamon and others took his Cattel . And forasmuch as they knew who they were that made those distresses , for that defect in repairing the said Banks and Water-gangs , which neither he nor his ancestors made , nor were us'd to make ; he required judgement of their recognition .

Whereunto the said Hamon and the rest replyed , that in former time there was a difference betwixt the Tenants in the said Marsh , touching the repair of the before-specified Banks and Water-gangs : Upon which there grew a sute in the Country before the Shireeve ; wherein the said xxiiii Jurats ; deeming themselves wronged , came to the King's Court and complained to the Shireeve ; alleging this Plea did not pertain to the Shireeve , to hold : It was therefore determined by the King's Counsel , that the Kings Justices should be sent thither , to ordain and dispose of those differences , according to Justice ; and , accordingly , Henry de Bathe being sent , all the Tenants of the said Marsh had summons of xl dayes , as in the Iter of the Justices . And the said Henry , upon his view of those Banks and VVater-gangs , by the consent & good liking of the whole commonality of the said Marsh , then ordained ; that the Arch-bishops , Bishops , Abbots , Priors , Earls , Barons , and all the tenāts in the said Marsh , should cōtribute to the repair of those Banks & Water-gangs , according to the quantity of their tenements . VVhereupon , as the said Godfrey desired to be defended by the said Banks & water-gangs , the said Hamon required , that he the said Godfrey should contribute to those repairs , as it was ordained in the presence of the said Justice : And that there was such an Ordinance , as aforesaid , he referred himself to the Record , in the Rolls of the said Henry de Bathe .

And also the said Hamon further alleged , that of necessity the said Godfrey ought to contribute to the said Banks , &c. Because , that if his land should not be defended by them , it would be wholly drowned & made salt . But to this the said Godfrey answered , that though that Ordinance was so made by the said Henry , yet he the said Godfrey never gave his consent thereto ; and that he was neither summoned , nor called to come before him at the making thereof . And moreover said , that neither before the same Ordinance , so made ; nor after , either he or his Ancestors ever so contributed ; but alwayes held their land quietly without any exaction at all , according to the Tenor of the before-specified King Henry's Charter ( Grandfather to the then King Henry ) untill two years before , that the before-specified Hamon and others , took his Cattel : Whereupon he required judgement , whether the same Ordinance ought to prejudice him in that behalf .

Howbeit , the said Hamon , and others replyed , that he had the common summons of xl dayes , in such sort as the whole Commonality of the said Marsh had , whereof he ought not to be ignorant ; And thereupon said , that though the said Godfrey would not come , as he ought to have done , with his neighbours , he ought not therefore to be free from payment of the before-specified contribution for repair of those Banks ; because it conduced to the common profit of all the Tenants in the same Marsh ; that aswell his lands , as the lands of the other Tenants , be defended by the said Banks and Water-gangs ; whereupon he required judgement . And he also said , that after the said Ordinance , the said Godfrey and his Tenants gave one Mark towards the repair of the said Banks and Water-gangs , before he the said Hamon was Bayliff : And that this he was ready to justifie .

To which the said Godfrey answered , that he held himself to the before-specified Charter of King Henry ; And to the liberty , which he and his Ancestors had used , against which no Ordinance , made by the said Henry de Bathe , could or ought to do him harm : And stood upon it , that neither himself , nor any by him , had given ought , either before the said Ordinance so made , or afterwards ; and that this he was ready to justifie .

After which , on the morrow after the feast of S. Martin , in the xlii of H. 3 , came the said Godfrey , Hamon , and others : And the Shireeve had command , that he should bring xii , aswell Knights , as others , having no lands in the said Marsh , on the morrow three weeks after Easter , by whom the truth might be the better discovered ; to enquire , whether the said Godfrey and his Ancestors , after they had their land of Hurst , of the gift and grant of the before-mentioned King Henry , had wont to repair the said Banks and Water-gangs , together with others that had lands in the said Marsh , and to contribute with them for their repair , when need should require . Whereupon the said Godfrey , by a certain Ordinance , in which he acknowledged before the said Henry de Bathe , whom the King had sent to that end , that though he gave a Mark to the repair of the said Banks and Water-gangs , before the said Hamon was Bayliff of the said Marsh , as they the said Hamon and Iohn did affirm ; yet he ap●pealed , whether himself or his Ancestors , were not quit of the said repairs , and payments thereto by the Charter of King Henry , Grand-father to the then King , forasmuch as he did not consent to the said Ordinance , nor ever gave any thing to the repair of those Banks and Water-gangs , as he affirmed .

But the Shireeve , not making his Precept , as above-said , was amerc'd , and another VVrit directed to him , to summon the said xij men , to appear , &c. the morrow after the Feast of the Holy Trinity : At which time the said Godfrey , Hamon and others , came , and required that judgement should be done , according to the Record and processe upon the before-specified Plea . VVhereupon the Plea was recited before the King and his Council : And because it was found , according to that Record , that the King had sent Henry de Bathe , his Justice thereunto assigned , unto the said Marsh of Romenale ; who determined , that all they that had lands in the said Marsh , ought to contribute according to the proportion of their Tenements , for the repair of the said Banks and VVater-gangs thereof , as the said Hamon and others did allege ; and to which contribution he the said Godfrey said he was not obliged : And that as yet nothing did appear to the King's Court here , of the said Ordinance or Determination , without which of right , there could be no proceeding to Judgement , a farther day was given ; viz. until the xvme of S. Michael , that in the mean time , the Rolls of the said Henry de Bathe might be lookt into ; And that the Plea thus depending , no distresse should be farther made upon the said Godfrey .

At which time , viz. in the xvme of S. Michael in xliijo H. 3. the said Godfrey came , and withdrew his processe against the said Hamon and others ; therefore , being amerc'd he consented for himself and his Heirs , that for the future they would repair the said Banks and Water-gangs , together with their neighbours , according to the quantity of their land , ☜ as it was the Custome of the Country , without any contest , or contradiction , for ever .

And that the said Hamon granted and became obliged , for himself and the rest , that he would make a due accomp● , before the xxiiij Jurats , chosen by the Country , touching the distresses and Catals of the said Godfrey , taken from the time of the beginning of the sute , until that present : And deducing so much as should be sufficient to satisfie the said repairs , according to the proportion belonging to the said Godfrey , to repay the surplusage of the mony , for the Catals of him the said Godfrey so sold. And the said Godfrey agreed , that if the said Hamon , by his accompt could make it manifest , that the value of the Catals so distrained by him , for the cause premised , would not suffice for his portion , in repair of the said Banks and Water-gangs , according to the quantity of his Land , he the said Godfrey would make satisfaction to him of the whole arrerage , from the beginning of the sute , till that present time , according to the view and estimation of the before mentioned xxiiij Jurats of the Country .

The next thing memorable touching this Marsh , is , that King Edw. the first , by his Letters l l Ex p●aes●to● cod . MS. f. 11. a. Patents , bearing date at Westminster , the xxth of Novem. in the xvith year of his reign , granteda commissiō to Iohn de Lovetot , & Hen. de Apuldrefeld , to view the Banks and Ditches upon the Sea-coast and parts adjacent within the County of Kent , in divers places then broken , through the violence of the Sea ; and to enquire by whose default this damage had hapned : And , together with the Bayliffs of Liberties , and others in those parts , to distrain all those , which held any Lands and Tenements there , and had or might have defence and preservation , in any sort , by the said Banks and Ditches , according to the quantity of their said Lands and Tenements , either by the number of Acres , or by Carucates , for the proportion of what they held , for the necessary repair of those Banks and Ditches , as often and where there should be need ; so that no man , of what condition , state , or dignity whatsoever , who had safeguard in any sort by those Walls or Ditches , whether it were within Liberties or without , should have favour therein : Commanding also the said Iohn any Henry , to behave themselves so faithfully and discreetly , in the execution of this businesse , that aswel the men residing in those parts , as their lands , should be safe against the like dangers , and perhaps worse ; no custome favourably introduced , notwithstanding . And that of their transaction in this imploym●nt , they should distinctly and plainly certifie the said King , under their Seales , and the Seals of the Jurats , aswel Knights as other honest and lawful men . Commanding , moreover , his Shireeve of Kent , to cause so many and such persons of his Bayliwick , to appear before the said Iohn and Henry , at certain days and places , whereof he should give them notice , by whom the truth in the premisses might be the better enquired into and known .

By virtue of which Mandate , the said Shireeve was required to summon the xxiiij Jurats of the Marsh of Rumenale , and all the Lords of the Banks of the same Marsh ; as also such and so many honest and lawful men , of all the maritime lands in his Bayliwick , by whom the truth in the premisses might be the better enquired into and known ; and to do farther in the p●emisses , as it should be decreed . Who came accordingly . And the said xxiiij Jurats of the Marsh before named , together with the Commonality of the said Marsh , said ; that King Henry , Father of the then King , did by his Charter grant to them certain Liberties , in his own Lands , within the said Marsh : And they therefore required that those their Liberties might be preserved : As also that nothing might be attempted , or de●reed in prejudice of their said Liberties , and produced the same Charter of the said K. Henry .

And they likewise said , that K. Henry , father to the then King , in the xlii year of his reign , by reason of a certain controversie , arisen betwixt divers men of this Marsh , occasioned for the repair of the Banks and Water-gangs therein , sent Henry de Bathe , his Justice , into those parts , to hear and determine the differences in that businesse , betwixt the xxiiij Jurats and the same Marshmen ; and to provide for the defense and security thereof , and against the peril of inundation by other waters , in causing the Banks and Water-gangs to be repaired , by those who were obliged thereto , for the lands which they held therein , according to the proportion thereof . Whereupon they said , that the said Henry de Bathe , by authority of the same King Henry's Mandate , ordained and decreed for them a certain Law and Ordinance , by which this Marsh was to that time kept and preserved ; and therefore desired , that they might , for the future , be guided and defended by that Ordinance and Law , as they had wont to be till that present time : ☜ And thereupon produced the said Ordinance of him the said Henry , under the King's Seal .

And because the said Ordinance seemed consonant to equity , The Ordinances of Iohn de Lovetot , and Henry de Apeltrefeld . and had been to that time approved , command was given , and it was decreed , that the same should be in all things observed , without diminution : Adding neverthelesse , that in regard there was no mention therein of the election of the King 's common Bayliff in the said Marsh , Election o● the common Bayliff . how and by whom be ought to be chosen , it was determined , that for the future , upon the decease of the said common Bayliff , or his quitting the Office , another to be chosen , who should reside and have lands in this Marsh : And that the said election should thenceforth be , by the common assent of the Lords of the Towns Lying therein , or by their Atturnies ; and as the Major part should determine , to submit to that election , because till that time the usage had been so .

And touching that double of the costs , imposed for repairing the defaults , to be levyed upon those , through whose neglect they had hapned ; it was decreed that the same double should be levyed in such sort , as by the former Ordinance had been appointed ; and imployed to the common profit of this Marsh , and not to the b●hoof of the said Bayliff .

And forasmuch as there were divers Banks and Water-gangs in the said Marsh , to the maintenance of which , the commonality thereof did not contribute , except only they whose lands lay contiguous to the said Banks and Water-gangs : And tha● some , through the oppression of the Lords of the said Marsh , did sometime pay as much for the repair and maintenance of those Banks and Water-gangs , for fourty Acres , as others did for fifty , which was much against the law of the Marsh , and the Ordinance of the said Henry de B●the : It was therefore decreed and ordained , that notwithstanding and Custome , by whomsoever introduced ; all and singular persons , who had lands therein , which were subject to the danger of the Sea , and had preservation by the same Banks and Water-gangs , Th●t contribution for ●he repair of the Banks be equal according to the number of Acres . should thenceforth be distreined for the reparation and maintenance of them ; so that every man might contribute equally , according to the number of Acres , which they had therein ; and that no person , be he of whatsoever state or condition , that had preservation and defence thereby , should be favoured .

And because before that time , in this Marsh of Romenale , beyond the course of the water of the Port , running from Suergate , towards Romenhale , on the West part of the same Port , till it come to the County of Su●sex , there had not been any certain Law of the Marsh , ordained nor used , otherwise than at the will of those that had lands in the same ; insomuch as divers dangers and intolerable losses hapned by the Seas inund●tion : To the end therefore , that the like perils might for the future , be prevented , and the common benefit provided for , it was agreed and jointly ordained ; that in the said Marsh , beyond the before-specified Port , That Jurats be establisht in that part of the Marsh towards Sussex . towards Sussex , there should be Iurats establisht , chosen by the Commonality , who being sworn to that purpose , for the security of those parts , having respect to the number of Acres , lying subject to that danger , and to the proportion of the Banks & Watergangs , to be repaired & sustained there ; should , upon their Oaths consider and ordain how much might be necessary for such repair & sustentation ; so that , according to the portion of their Acres , and value of them , there might be assigned in the said Banks and Water-gangs , an equal portion of perches , to be maintained , as it is more fully contained in the Ordinance of the said Henry de Bathe .

And moreover , forasmuch as till that time , As also a common Bayliff . there had been no common Bayliff constituted in those parts , beyond the before-specified Port , towards Sussex , who ought , for the publick benefit , take care , and provide against the perils there hapning , and to prevent the like for the future ; it was ordained , that thenceforth there should one common Bayliff be made choice of , in the said Marshes , beyond that course of the water toward Sussex , for overseeing , keeping , and repairing of the said Banks and Water-gangs , in such places and bounds of the said whole Marsh , as should seem most expedient to all the whole Commonality : As also to summon together unto places necessary● the Iurats of the said Marsh , as often as need should require , for the making of Ordinances and Laws , for preservation of the lands in those parts ; causing distresses to that purpose to be made , and levying a double proportion upon such as should make default , according to the tenour of the Ordinance made by the sai● Henry de Bathe . Provided , that at the election of the said Bayliff , when ever it might happen to be , the Lords of the Towns in the said Marsh , beyond the said course of the water , towards Su●●ex , should be summoned and called , if they would be present thereat ; as also the Iurats and whole Commonality of that Marsh.

And it was likewise ordained , that for the future the King 's said common Bayliff in the Marsh of Romenale , Of wh●ch B●yliff and Jur●●s , the King 's common Bayliff to be Supervisor . should be the Supervisor of the before-mentioned Bayliffs and Iurats in this Marsh , beyond the course of the water towards Sussex ; and that he should summon together , to fit places , all the Iurats chosen on both sides the said course of that water , when need required , to make their Ordinances and Laws for preservation of the said Marshes ; so that alwayes , on both parts of that Water-course , they should abide by the Ordinances and considerations of the said Iurats , as to the prejudice or more safeguard of any mans land ; notwithstanding any custome whatsoever : Saving alwayes the tenour of the King's Charter , granted to the Commonality of Romney Marsh , and the Ordinance of Henry de Bathe , ever to remain in full power and strength .

Not long after this , there hapned certain differences , be●wixt the Master of the Hospital , called God's house , in Dover , m m Pat. 18 E. 1. m. 6. in dorso . and certain of his Tenants , within the Mannours of Hunychilde , and Estbrigge , in Romenale marsh , touching some Banks and Water-gangs , upon the Sea coast ; which the said Master alledged , that his said Tenants , for the antient demesnes belonging to him in those Mannours , as often as need required , should at their proper costs repair and maintain , against the violence of the Sea , and inundations of the Fresh waters : For the hearing and determining of which controversies , according to the Law and Custome of the said Marsh , Iohn de Lovet , Robert de Septvaus , Master Thomas de Gudinton , and Henry de Appletrefeld , were by the King assigned . Whereupon , the parties so at difference , weighing all circumstances touching the same , put themselves upon the Inquisition of the Country : But the taking thereof , in regard that the said Master refused , that any persons , residing in the said Marsh , should be admitted thereof ; and the said Tenants , not being content with any Foreiners , was delaid , to the great damage of those parts , as by complaint the King was informed : To put , therefore , a speedy end to the businesse , the said King , by his Letters Patents , dated at Tydeswell xxiiij Sept. constituted Stephan de Pencestre , then Constable of Dover-Castle , Henry de Appletrefeld , and Bertram de Tancrey , his Justices , for to make farther enquiry thereof : But what was done therein , I have not seen .

About four years afterwards , the said King Edward the first , taking great care for the defence and preservation of this Marsh ; by his Letters patents , bearing date at Westminster , n n Ex ver. co● . MS. ad Abb. S. Aug. Cantuar. quondam spectante ; tunc verò penès Rog. Twysden Baronettum . xx April , in the xviijth year of his reign , wherein he hath this observable expression — viz. quod cum nos , ratione dignitatis regiae , & per juramentum astricti sumus , ad providendum salvationi Regni nostri circumquaque , i. e. in respect of his royal dignity , and that he was obliged by Oath to provide for the safeguard of his Kingdome round about ; assigned H. de Apeldrefeld , and Bertram de Tancrey , to oversee the Banks and Ditches upon the Sea coasts and parts adjacent , in the County of Kent ; which by reason of the roughnesse of the Sea , were in many places broken ; and to enquire through whose default that damage had hapned : As also of all those that held lands and tenements in those parts , and had or might have safeguard and defence any manner of way , by the said Banks and Ditches ; and to distrain them for the quantity of their said Lands , or number of Acres , or Carucates , according to the portion that they held ; together with the Bayliffs of Liberties , and others of those parts , for the repair of the said Banks and Ditches , in necessary places , as often and where there should be need ; so that no Land-holder , rich or poor , of what estate , dignity or condition soever he was , in case he had defence and preservation any manner of way , by the same Banks of Ditches , were he within Liberties or without , should have favour in any kind .

Commanding them , moreover , that in the execution of that businesse they should behave themselves with such fidelity and discretion ; that aswell the Inhabitants of those places , as their lands , might be preserved from the like perils , and casually worse ; any Custome , through favour , by whomsoever it had been introduced , notwithstanding . And what they should do and ordain therein , to certifie the said King thereof , under their Seals , and the Seals of xxiiij aswell Knights as other honest and lawful men , distinctly and plainly . And for their better accomplishment of that businesse , directed his Precept to the Shireeve of Kent ; appointing him , that at certain dayes and places , of which he was to give them notice , he should cause to come , before the same King's Justices , such and so many honest and lawful men of his Bayliwick , by whom the truth in the premisses , might be the better known and enquired into .

By virtue also of which Mandate , the said Shireeve had command to bring before the said Justices at that time , the xxiiij Jurats of Romene Marsh , and all the Lords of the Towns therein ; and such and so many honest and lawful men , of all of the maritime parts in his Bayliwick , by whom the truth in the premisses might likewise be the better known , and enquired of ; and to do farther what should be ordained in the premisses .

Which Commissioners came accordingly , as also the said xxiiij Jurats , together with the Commonality of this Marsh ; and alleged , that K. Henry ( the Father of the said King Edward ) by his Charter granted to them certain Liberties in their Lands within the same Marsh ; and required , that those their Liberties might be preserved ; and nothing accepted or ordained in prejudice of them ; producing the Charter of the said King Henry , in which was recorded the Ordinance of Henry de Bathe . And , farther , declared their approbation of the said Ordinance , with the additions thereto , in such manner and form , as they had before done in the xvith year of this King's reign , before Iohn de Lovetot and the said Henry de Apeldrefeld , then the Kings Justices , as I have at large already shewed ; whereunto , for avoiding repetition , I refer my Reader . Adding moreover , by common agreement , to those wholsome Ordinances , these ensuing Constitutions ; viz.

The Ordinances of Henry de Apeldrefeld and Bertram de Tancrey . 1. That through all other maritime places in the said County , lyable to the danger of the Sea , the River of Thames , or any other water , wherein the Marsh Law had not formerly been established and used ; and that divers perils through defect of Banks and Water-gangs , had there hapned : Lest therefore , for the future , the like or worse might accrue . 2. That in every Hundred and Town , aswell by the Sea coast , as bordering on the Thames and other waters , in which the Marsh lands are subject to inundation , there be chosen and sworn xij or six lawful men , according to the largeness of the Hundreds or Towns , & who have lands in danger of the Sea , the Thames , & other waters : Which men to be assigned keepers of the Banks and Water-gangs , in the Hundreds & Towns aforesaid , who upon their Oath shall keep safe the said● Banks and Water-gangs ; and when and as often as need requireth , repair them : As also shall , in respect of the raging of the Sea , raise the said Banks higher , by four foot , at the least , than formerly they were , and make them of thickness answerable to that height . 3. For the reparation of which Banks and Water-gangs ( when need shall so require ) the charge to be raised in manner following ; viz. That all and singular persons , having lands lyable to the danger , whether situate neer or far off , forasmuch as they have preservation by those Banks and Water-gangs ; they shall contribute for the quantity of their Lands and Tenements , either by number of Acres or Carucates , according to the proportion of what they hold ; so that to no Tenant of these Lands or Tenements , be he rich or poor ; or of what order , state , dignity , or condition soever , either within Liberties or without , any favour shall be shewed in this matter . 4. That in every place , for the levying of the said costs and chardges ; and faithfully laying it out upon the said Banks and Water-gangs , two lawful persons , out of the said sworn men to be assigned ; who , together with the Bayliffs of the Liberties , or Lords of the Fee , shall make distresses for the same . 5. And when the before-specified Banks , shall be , according to the Ordinance of the Iurats , so repaired at the common chardges ; that there shall be assigned to every man , his peculiar portion of the Bank , by certain places and bounds , to be sustained at his own proper costs , according to the quantity of his Tenement and number of Acres subject to that danger ; so that it may ●e known where , and by what places , and to what portion every man is so obliged to make defence . 6. And if any shall be negligent in paying their portions of the said contribution , at the day appointed by the Iurats for that purpose ; or in his portion for repair of the Banks , that he be distrained by his goods and Catalls , wheresoever they should be found , within Liberties or without , till he have contributed his share , and paid his chardge of the said Banks , with double costs : Which double to be reserved for the common benefit of the like repairs in those parts . 7. And that those distresses shall be made by the Collectors of the said costs , together with the Bayliffs of the Liberties , or Lords of the Fee : And , being so made , to ●e kept for the space of three dayes at the most ; if they , upon whom they shall be made , be stubborn or negligent for so longtime , and then forthwith sold , in respect of the perillous rage of the Sea , imminent . 8. And if aswell the Collectors , as Tenants , shall be found negligent in performing the premisses ; that then every Lord of the Fee , within the compasse of his Fee , shall cause the said Banks and Water-gangs to be repaired , at his own proper chardge ; and the costs that he shall be at therein , together with the double thereof , he shall cause to be levyed upon the goods and Catalls of those that are negligent , for his own use . 9. And that no Shireeve of Kent , for the time being , or his Bayliff or Officer shall take any distresse , touching the Banks and Water-gangs in any Marshes ; nor thenceforth meddle at all ; neither with the distresses , taken by the Lords of the Fees , Bayliffs of Liberties , or Collectors of the costs or contributions to the said Banks and Water-gangs ; nor distrain them by Writ of Replevin ; nor deliver them by surety , or pledge any manner of way . 10. And it was also ordained and concluded ; that if the Iurats , so chosen for the custody of the Banks and Water-gangs ; whether they shall be of this Marsh of Romenale , or of other maritime Lands , do refuse to come at the Summons of their Bayliffs , for the necessary repair of the said Banks and Water-gangs ; they shall , for that their negligence , be punished by their Bayliffs , as in this Marsh of Romenhale , they had been heretofore accustomed . 11. And that the Collectors also of the costs , bestowed in repair and support of the Banks and Water-gangs , after the said repairs are perfected , shall forthwith make their accompt , before the Iurats and Bayliff of that Country , aswell within the Marsh of Romenhale , as without , of all monies assessed and levyed for the before-specified repairs ; as also for the double , whensoever it may fortune to be levyed : And if they shall not so do , then to be distrained by the Bayliffs of the Country or place , to make accompt thereupon : Saving alwayes to the chief Lords of the Fees , their right which they have , and hitherto had wont to have , touching the defence of their Lands , according to their feoffments ; & of levying the double , according to antient custome used , as it is contained in the Ordinace of the said Henry de Bathe . ☞

In testimony whereof , Sir Walter de Ripple , and Sir William de Haute , Knights ; Adam Wastechar , William Waste●har , William le Ros , Guy de Trulegh , Iohn Amfrey , Peter de Maryns , Thomas le Reade , Thomas Elys , Hugh de Suthlonde , Richard Ion , William Collol , Henry de Bettesangre , Iordan Collol , Iohn atte Ware , Hamon atte Porte , Iohn Sprott , Iacob de Pastre , Iohn de Mossederme , Henry Kenet , Thomas le Frensse , Henry Woodman , and William de Mereworth did put to their Seals .

That the Ordinance of the said Henry de Bathe , for preserving this Marsh ; as it was in no mean esteem , we see , by all those of the Country , whom it immediately concerned ; so had it a high regard with the succeeding Kings of this Realm , as by their Confirmations thereof ( of which I shall in due place take notice ) will appear . The first of which Confirmations was made by King Edward the second , whose Charter o o Pat. 7 E. 20 p. 2. m. 26. , for that purpose , beareth date at Westminster the xxiijth of November , 7 E. 2. In which he first makes mention of his Grand-father K. Henry the 3ds Patent in 36ᵒ of his reign ; whereby he declareth his Royal pleasure , that no Shireeve of Kent shall intermeddle with such distresses as should be taken for the repair of the Banks and Water-gangs of this Marsh. And next in that of 42ᵒ which expresseth the occasion of his sending Hen. de Bathe , his Justice , into those parts ; and at large reciteth the said Ordinance thereupon then made by the said Henry . And then concludeth thus ; Nos attendentes , quod impetus maris in partibus illis , plus solito jam accrevit , &c. i. e. We therefore , taking into consideration , that the violence of the Sea in those parts , is grown greater than it had wont to be ; by reason whereof it 's necessary that a more diligent regard should be had , for the reparation of the said Banks ; Forasmuch as by a breach in them , though but small , should it happen ( as God forbid ) an inestimable and inrecoverable losse must needs accrue to us and the men of the said Marsh. Purposing therefore to make prevention of such damage and peril , and to provide for the safeguard of those parts , aswell for our own benefit , as the commodity of the said Marsh-men ( as we are obliged to do ) we do , for us and our heirs , as much as in us lyes , ratifie and confirm all and singular the things in the said Letters Patents of our said Grand-father , and the before-specified Ordinance contained : Willing and commanding , that no Shireeve of Kent , or any of his Bayliffs , for the time being , shall of himself at all intermeddle with such distresses , as are or shall be made by the direction of the said xxiiij Iurats : But that such Iustice , as is to be executed thereupon , shall be reserved to us and our heirs , or to our special Mandate , as it is before expressed in that Patent of our said Grand-father .

Which King , continuing his mindfulnesse thereof , by his Letters p p Pat. 10 E. 2. p. 1. m. 23. in dorso . Patents , bearing date at York , 24ᵒ Augusti , in the tenth year of his reign , appointed Robert de Kendale ; Iohn Malemeyns , de Hoo ; and William de Cotes ( Gentlemen then of special note in this Country ) to oversee the Sea-banks in this Marsh , situate betwixt Apeldre and Romenale . And in the 17ᵒ of his reign , by the like Patent q q Pa●. 17 E. 2 p. 2. m. 12. in dorso . dated at Westminster xxo Maii , constituted Edmund de Passele , Iohn de Ifeld , and Robert de Sardone , his Commissioners for the like view of the Banks in sundry parts of the said Marsh.

The next year following , there having been a complaint made to the King , that by reason of a certain Trench , made betwixt Apuldre and the Port of Romenhale , very many discommodities and losses dayly befell the Country adjacent : Whereupon he assigned r r Claus. 18. E. 2. m. 38. the before-specified Edmund and Iohn , together with William de Cotes , to enquire by the Oaths of honest and lawful men of these parts , by whom the truth in the premisses might be the better discovered , who they were that made that Trench , and when and for what cause ; as also how , and in what manner : And moreover , what discommodity & damage had hapned by means thereof , and to whom , and in what sort . But being afterwards advertised , that there was so great a dissention risen , betwixt his Barons of the Cinque Ports , and the Commonality of Romenale Marsh , by reason thereof , that both sides were preparing to fight it out , if there should be any farther proceeding in that Inquisition ; which , as it would occasion much terror to the people thereabouts , so might it not a little hinder that warlike expedition , which the said King then intended . Considering therefore the need that at present he had , of the service of his faithful Subjects , aswell by Land as by Sea ; and being desirous to his utmost power , to provide for their unity and peace , by his special Precept s s Ibid. , bearing date at Guldeford 6ᵒ Aug. he commanded the before-specified Edmund , Iohn and William , for the causes above expressed , to supersede the taking of that intended Inquisition , until they should receive his farther commands therein . Which stop in that businesse lasted not long : For at the beginning of the next February , the King granted out a new Commission t t Ibid. m. 19. to them , for to proceed forthwith therein .

In the same year , it seems that the Banks in this Marsh , betwixt Tyd and Dengemareys were broke ; for in the moneth of Iune ensuing , I find , that the said King issued out his Commission u u Pat. 18 E. 2● p. 2. m 3. in dorso . to Henry de Shardon , Thomas de ●eversham , and William de Roberts brigge , for the viewing and repairing of them .

That greater care and regard could be , than appears by what I have already instanced , to have been taken , in the regulation of all things , tending to the safeguard of this Marsh , cannot ( I presume ) be well imagined : Neverthelesse , such is the pravity of some ill-disposed men , who chiefly mind their particular gain , though it be by cheating the publick ; that were it not for a strict watch over them , all good order would be subverted , and little else but cousenage , if not rapine practised , instead thereof , as we shall find by the doings of some , who were imployed with the levying and collection of moneys , to the repair of the Banks and Water-gangs of this Marsh : Who , most unconscionably , and against the trust reposed in them , made use of those Sums , so gathered , to their own private uses ; insomuch as complaint thereof was made to the King in 5 E. 3. Who thereupon gave commission w w Pat. 5 E 3. p. 2. in dorso m. 19. to William de Clinton , Raphe Sauvage , and Thomas de Feversham , to enquire into the particulars thereof .

Which King , out of the like tender respect to the preservation of this Marsh , 7 E. 3. as his Father and other his Ancestors had , by his Leters Pat. 14 R. 2. p. 2 m. 38. per ●is . ex● Patents , bearing date at Westminster 28ᵒ of Novem. in the seventh year of his Reign , wherein he recited that famous Ordinance , made by Henry de Bathe ( of which I have so often made mention ) added his Royal Confirmation thereof . And afterwards , at sundry times , as occasion required , granted his Commission to several persons of quality in the said County of Kent , for the overseeing the said Banks and Water-gangs , and taking care for their necessary repair , as by the enroulments of them appeareth ; viz. in April 13 E. 3. y y Pat. 13 E 3 p. 1. m. 22. in dorso . to Thomas de Brockhill , William de Orals●on , Robert de Sh●rden , and Geffrey de Basham , for those Banks , &c. upon the Sea-coast in the Marsh of Lude , neer Romenhale . And in Octob. following , to z z Pat. 13. E. 3 p. 2. m. 18. i● do●so the same Thomas , Geffrey , and Iames de Echyngham , touching those which lay betwixt the Town of Romne , and a certain place called Longerake ; and betwixt the Church of Lyde and the Sea , within the Town of Lyde .

In Iune , 18ᵒ E. 3. to a a Pat. 18 E. 3. p. 2. m. 49 in dorso . the same Thomas de Brokhull , Iohn de Erde , Thomas de Rethelin , and William Alleyn of Brokeland , for those in Romenhale Marsh.

In March 21ᵒ E. 3. to b b Pa● 21 E. 3. p. 1 m 25 in dorso . the same Thomas , and Thomas de Gillingham , Stephan Donet , and Stephan de Horsham , for the same Banks .

In April 22ᵒ E. 3. to c c Pat. 22 E. 3. p. 1. m. 14. in do●so . Iames de Echingham , Thomas de Broxhill , and the rest last mentioned , the like . So also in d d Pat. 22 E. 3. p. 1. m. 17. in dorso . Iuly following , to William de Broclond , Stephan de Horsham , Richard de Morton , and William Waschare .

But notwithstanding that wholsome Ordinance , so often mentioned , and the several confirmations thereof ; I find , that Simon Islip Archbishop of Canterbury , with other Land-holders within this Marsh of Romene , made a grievous complaint e e Ex ●od . MS. 〈…〉 . S. Io●n Arm. ● . 12. b. to the King in 33 E. 3. that whereas all those their lands lay bordering to the Sea coast ; and without the continual support of the Banks , Gutters , Ditches , and other Mounds , aswel for excluding the Sea , as for the voiding out of the fresh waters , there made , they could not by any means be defended and preserved . Farther shewing ; that for the safeguard thereof , it was in the time of King Henry , sometime King of England ( Ancestor to the said King Edward the 3d ) ordained by Henry de Bathe , and his Fellows , Justices of the said King , for that purpose ; that whosoever being Tenant and resident within the precinct , whom the greater part of the Lords of the Towns therein situate , should choose , ought to be the Bayliff to levy the Taxes , assessed for reparat●on and maintenance of the said Banks , as in the said Ordinance more fully may appear . And , that though in pursuance of those Ordinances , one Iohn atte Lose , a Tenant and resident within the said Marsh , had been elected and deputed to the Office of the said Bayliff , for levying of the said Taxes , by the Lords of this Marsh , in form aforesaid : Neverthelesse one Matthew at More , and other his Complices , having confederated themselves together by false contrivance , to constitute another Bayliff there , in favour to his friends , and to lay load unjustly upon others , contrary to the before-specified Ordinance ; did so terrifie the said Iohn , by grievous threats , and otherwise hinder him , that he neither would or durst take upon him that Office , according to the said Ordinance ; So that by reason of the said Bayliffs default , all the before-specified Marsh , being dayly lyable to be overflown , was in danger to be destroyed , without speedy remedy were had .

The said King therefore , taking this complaint into mature consideration ; for prevention of that imminent mischief , granted his Royal Commission f f Pat. 35 E. 3. p. 1. m. 6. in dorso . , bearing date at Westminster , 17ᵒ Febr. in the same thirty fifth year of his reign , to Thomas de Lodelowe , Robert Belknap , and Thomas Colepepir ; appointing them , or any three or two of them , aswell to oversee the said Banks , Gutters , &c. and cause them to be repaired , as to take a view of the said Ordinances : And in case they should find them any way defective , ☜ as to the defence of the said Marsh against those inundations , then to correct and amend them ; and , if need were , to make a new Ordinance , to direct how the same Marsh might be better defended and preserved against the said waters , upon any chance that should thenceforth happen : And to decree certain strict punishments against all such as should transgresse the said Ordinances so to be made by them the said Thomas , Robert , and Thomas , or any two of them . ☜ And moreover , to cause Proclamation to be made , all about in those parts , for the perpetual observance of them : And likewise to do all other things for the safeguard and defence of the said Marsh , in exclusion and evacuation of those waters , as should be necessary and fit . And lastly to enquire by the Oaths of honest and lawful men of that Country , of all the confederacies and practices before specified ; as also of such trespasses and contempts , as had been made against the said King , by the before-mentioned Matthew and his Complices .

By virtue of which Precept g g Adhuc ex praef. cod . MS. penès praef. O●iv . S. Iohn . , the said Thomas , Robert , and Thomas , being met at Crowethorne , the Monday next after the Feast of the Translation of S. Thomas the martyr , E●●x ver. ●od . MS. penés Will . le N●ve Clar. Regem Armorum . an. 1640. in the year abovesaid● by the consent of the Lords of the Towns , the Bayliff , xxiiij Jurats , and Commonality of the said Marsh ; viz. by Iohn Franceis , Attorney to Simon Archbishop of Canterbury ● the Abbot of S. Augustines in Canterbury ; the Prior of Christs-Church in Canterbury ; Simon , Master of Gods-House in Dovor ; Edmund Staplegate Lord of Nether-Bilsyngton ; and other Lords to this purpose specially elected , with certain also of the Commonality ; scil. William de Echyngham , Stephan de Valeyns , &c. chosen likewise for the said Commonality , did ordain h h Ibid. and appoint , 1. that the common Bayliff of the said Marsh , The Ordinances of Thomas de Lodelowe and his associates . who hath lands and residence therein , should be elected by the publick consent of the Lords of the Towns of the same Marsh , or their special Attornies : And where the greater number consenteth , the c●oice to stand : Which election to be made at Demecherche or Newecherche , Choice of the Bayliff . or some other fit place , within the compasse of the said Marsh , in the xv me of S. Michael , yearly ; upon summons of the before-specified Bayliff ; except upon necessity and reasonable cause , the said Bayliff ought to be removed , within that year , and another put in his place .

Penalty for refusal . 2. And if the person so elected , shall be present , and refuse to undergo the said Office , that he be forthwith amerc'd in xls. to be levyed by the succeeding Bayliff , upon his Goods and Catals , for the common benefit of the said Marsh : And so forthwith a new choice to be made of another Bayliff , who will undergo the Office , and take his Oath , and receive for his Fee the double of all the money assessed upon any whomsoever , The Bayliffs Fee . for their negligence . And if the person so elected , shall be hereafter hindered by any man , so that he dare not undergo the Office , that then the parties so hindering him , to be severally punished by the said Electors , in such sort as the said Bayliff should have been punished , if he had refused to take his Oath , and to bear the same Office .

3. And if i● happen , How the p●rty elected , being absent , shall be compelled . that he that shall so be chosen , be absent at the time of election , all his Goods and Catals to be forthwith distrained , by the preceding Bayliff of the Marsh , and impounded in fit and wanted places ; and there detained until he shall repair to the Arch-bishop of Canterbury , Abbot of S. Augustines , and Prior of Christs-Church , for the time being , or to one of them ; and admit of the said Office and take his Oath ; and thereupon carry to the preceding Bayliff his Letters sealed : And this he shall do within six dayes next after the election made ; and if he do not , then to be punished as aforesaid , and a new election to be presently made .

4. At which principal Last , That the Collectors and Expenditors do make accompt of their receipts if the said common Collectors of all the former general Taxes , will be present , they shall make their accompt to the Bayliff , xxiiij Iurats and Commonalty of the said Marsh : Which accompt to be written by Indentures , made betwixt them and the Bayliff , xxiiij Iurats and Commonalty of the said Marsh. And after the same manner shall the Bayliff make his accompt of those things , which belong to him to reckon for .

And if any of the xxiiij Iurats , How those that are absent in the L●st , shall be amerced . do make default in the said principal Last , except he have a reasonable excuse , he shall be amerc'd in xiid d to be levyed by the Bayliff , to the use of the Commonalty .

5. And if it happen , The choi●e of the Jurats , Collectors & Expenditors . that any of the xxiiij Iurats do depart within the year , or ought to be removed , that then another be made choice of in his place , and put in the said principal Last , by the Lords of the Fees , Bayliff , xxiiij Iurats and Commonalty , of the most faithful , discreet and wealthy men of the said Marsh , to the number of xxiiij compleat .

6. In like sort it shall be done touching the Collectors and Expenditors , The pen●lty of the Jurats , elected refusing . so that they be not chosen out of the said xxiiij Iurats , if the said Lords will be there . And if the said xxiiij Iurats , Collectors or Expenditors , shall be chosen and will not take his Oath , he shall be amerc'd in xxs. to be levyed as aforesaid ; and forthwith another chosen in his place , and receive the chardge .

7. And if the before-specified xxiiij Iurats , shall be summoned wheresoever , within the precinct of the said Marsh , to the common or several Last , The penalty for their not appear●nce at the Last . where no more than eight or ten , at the most , do come ; by reason whereof there can be no Iudgement and Decree made for the safeguard of the said Marsh , considering the absence of the greater number ; that then every absent person shall be ●merced by the Bayliff in vid d to be levyed as aforesaid ; whereof the said Bayliff shall make accompt in the principal Last .

The Oath of the Jurats . 8. Also every one of the xxiiij Iurats shall swear , that he will , together with his fellows , ●ustly make all Iudgements and Decrees , not favouring rich or poor , either in making distresses , or in what concerns the Banks , Land-eas , Water-gangs , Sewers , Ditches , and Gutters ; or the removing of Bridges and other impediments whatsoever , within the precinct of the said Marsh , and punishing of Trespassers . And that they be observant to the Bayliff of the said Marsh , That they be observant to the Bayliff . for the valuing and selling of the distresses , taken and impounded for three dayes or more in the places accustomed . And that they cause all the Iudgements and Decrees , by them made , to be enrolled , and thereof an Indenture to be made betwixt them and the men of the said Marsh , for the time being .

The Oath of the Collec●ors and Expenditors . 9. Likewise the Collectors and Expenditors , chosen as aforesaid , shall swear , that they will faithfully levy , collect , disburse and make accompt of all the Taxes and Assessments , made by the Lords , Bayliff , and xxiiij Iurats , or the greater part of them . And the same course shall be observed in all the Water-gangs , within the precinct of the said Marsh , and before every of the Lords of the Towns , if they will be present thereat .

The Oath of the Bayliff , & his making Execution . 10. Also the Bayliff shall swear , that he will make faithful execution of the Iudgements and Decrees of the before-specified xxiiij Iurats ; and of those things , which do pertain to them , to judge and determine of● As also , that in his proper person , he will chardge upon all the Collectors and Expenditors , by Oath , that they shall faithfully levy , collect , disburse and accompt for , aswel all general Taxes , as several Water-gangs so assessed , as abovesaid . And that he will , in person , take view of all the Banks , Land-eas , Water-gangs , Sewers , Gutters , and Bridges , when need shall require ; at least twice in the year ; viz. once in the month of January , and afterwards in the moneth of June . And that he will deliver unto his successor , all the evidences , which he hath in his custody ; aswell the Charters of the Kings of England , concerning the Liberties and Customes of the said Marsh ; as the Roules of Iudgements , Decrees and Awards , made by the said xxiiij Iurats● with every processe of accompts of the Collectors and Expenditors , whatsoever , done in their times . And the Clerk of the said Bayliff , The Fee of the Bayliffs Clerk . shall have for his Fee , from the Commonality of the said Marsh , vis. viijd.

11. Moreover , it shall not be lawfull for any man , thenceforth , to make any Dams or Fords , That no Dams or Fords shall be made . or other impediments , in any Land-eas , Water-gangs , Ditches , or common Water-courses in the said Marsh , whereby the right course of the waters , may in any sort be hindred . And if they shall so do , and testimony given thereof , by the Baylik , and six of the Iurats , or the Commonality of the Water-course , where such danger shall be made ; he shall be forthwith amerc'd , according to the proportion of his offence , by the said Bayliff and xxiiij Iurats ; which amercement to be likewise forthwith levyed , to the common benefit , as aforesaid . And neverthelesse , if any other , than the Commonality , shall receive damage by that means , and that proof be made thereof , by the testimony of the Bayliff and six Iurats , satisfaction shall be made to him for the same .

12. Likewise they did ordain and appoint , The Proclamation be made of the Tax assessed . that every Tax assessed in the said Marsh , should be proclaimed in certain publick places ; and a day of payment thereupon assigned : And this Proclamation to be so made , that no man might plead ignorance , as to the time and place he ought to pay it at .

13. And they did farther ordain and decree , Price of the Acres for the Banks . that every Acre , for the Banks , in Ditches , and Water-gangs , be bought for xls. and that it shall not be lawful for any man , to draw away any workmen , being in the publick work , for his own private imployment ; nor to take them to any other place , Workmen not to be drawn away . till that work be perfected : And if any man shall be found faulty therein , by the testimony of the Bayliff , or Iurats , in the common Last , he shall be amerc'd in xs. to be forthwith levyed by the said Bayliff , to the common benefit , as abovesaid .

14. Also they ordained and decreed , How the Chanels shall be kept . that all the Water-●ourses within the said Mash , by whatsoever Lands and Tenements , How the Chanels shall be kept . in each Chanel be so kept , that the water shall not run out of it's right course , to the damage of any man ; upon penalty of the value thereof , to be levyed by the said Bayliff , for the behoof of the Commonalty , when any shall be found guilty thereof , in the common Last , by the testimony of the Bayliff and six Iurats .

The Bayliff and Jurats to have their chardges , in going to other places . 15. And because , of antient time , it was appointed by the King , that all the maritime Lands , from the Isle of Thanet , unto Pevenese , aswell in the County of Kent , as County of Sussex , should be governed by the Laws , Ordinances , Statutes and Customes of the said Marsh of Romene ; it shall be lawful to the said Bayliff and xxiiij Iurats , to require and have his reasonable chardges , of those which shall have a mind to bring them to the places ( be they Lords , or of the Commonalty ) where they ought to make their Ordinance , according to the maritime Law , aswell in the Banks as Water-gangs , Gutters , Sewers , and Fishings ; and other things whatsoever touching that Law .

Penalty for such as shall rescue any distresse . 16. And Lastly they ordained and decreed , that if any person should make a rescue from the Bayliff of the Marsh , or his Officers , of any distresse whatsoever , taken by any of them , by virtue of the before-specified Articles , or any Ordinance made , or to be made , for the benefit of the said Marsh ; and thereof to be found guilty by the testimony of the said Bayliff , and six or eight of the said xxiiij Iurats ; or of the Water-course , where the distresse shall fortune to be taken , he shall be amerc'd in xls. to be levyed to the Bayliff , for the use of the Commonalty , as aforesaid . And in the same manner it shall be done in those places , where the maritime Law is used , within the Isle of Thanet and Pevenese , whether in Kent , or Suffex .

After this , I have not met with any thing else , of this Marsh , worthy the observation , untill the 43ᵒ E. 3. that the before-mentioned Thomas de Lodelowe ; as also Robert Belknap , Iohn Woodhall , Roger Dygge , William Topclive , and William Horne were constituted i i Pat. 43 E. 3. p. 1. m. 30. in do●so . Commissioners for oversight of the Banks and Ditches therein . Nor from that time till 48 E. 3. that William Latymere , Constable of Dovor Castle , and Warden of the Cinque Ports , Thomas Reynes , then his Lieutenant , Roger Dygge , and some others , were assigned k k Pa● 48 E 3 p. 1. m. 30. in dorso by the King , to view the Banks , Water-courses &c. thereof , lying betwixt the Towns of Hethe and Newendon . By which Commission they had power to imprest so many Carpenters and other Labourers , ☜ as they should deem necessary for the accomplishment of the work in hand , wheresoever they could be found , within the County of Kent .

To King Edward the 3d succeeded Richard the 2d , in the first year of whose reign , it appears that Richard de Horne , Stephan Wettenham , Iohn Franceys , and Hamon Wodeman , were put in Commission , l l Pat. 1 R. 2. p. 1. m. 2● . in dorso . for to supervise the Banks in this Marsh , from the Town of Hethe , all along the Sea-coast unto Apuldre ; as also in other Marshes within this County ; viz. from the Haven of Romney , to Promhill Church ; and thence by the Sea coast to Apuldre before mentioned ; they being at that time in decay , in sundry places thereof . Which King ( viz. Richard the 2d ) out of his special care also for the safeguard of this Marsh , having viewed the Charter of his Royal Ancestor King Edward the first ; wherein aswell that of King Henry the 3d ( whereof I have taken notice in it's due place ) as that memorable Ordinance of Henry de Bathe ( likewise before repeated ) are recited ; did not only make Confirmation of them both ; but farther , out of his Princely favour , by the assent of his Councel , at the request of the Inhabitants of the said Marsh , granted m m Pat. 1● R. 2● p. 2. m. 38. for himself and his heirs , to the Bayliff and xxiiij Jurats , which then were , and that thenceforth should be ; that they , as also their heirs and successors , should for ever have this Liberty ; viz. they and every of them , to be exempt from serving at any Assizes , on Juries , Inquisitions , or Recognitions , aswell within this County of Kent , as out of it ; excepting in what should relate to the said King , or his heirs . And that they , nor any of them should be Shireeve , Eschaetor , Bayliff , Collector of Tenths or Fifteens , or of any other Subsidy , Chardge , Tax , or Tallage , to be granted to him the said King , or his heirs ; or any other Officer or Minister to him or his heirs aforesaid , against their own good will , during the time that they or any of them should be in the said Office of Bayliff , or one of the Jurats aforesaid . And the reason of this his Royal grant , for such immunity , he there declareth ; viz. that by their absence , the whole Marsh ( as he had been informed ) might be overflown in a very short time ; and so , utterly lost and destroyed , to the infinite peril and damage of all his liege people in those parts .

In like manner , and with the like recitals , at large , did King n n Pat. 10 H. 4. p. 1. m. 17. Henry the 4th and King o o Pat. 8 H. 6. p. 1. m. 21. Henry the sixth confirm the said Charter of King Henry the 3d , and the so often mentioned Laws and Ordinances of Henry de Bathe , concerning this Marsh : Adding the like Liberties and Privileges , as King Richard the second by his Charter , last before observed , did .

Which said Laws , with all others relating to this Marsh , as also the Customes thereof , were grown at length so famous ; that the said King Henry the sixth in the 6th year of his reign , by p p Inter Statuta de ar. 6 H. 6. Cap. 5. the advice and assent of the Lords spiritual and temporal , and at the special instance of the Commons of this Realm , then assembled in his Parliament holden at Westminster , having considered the great damage and losses , which had often hapned , by the excessive rising of waters in divers parts of the Realm ; and that much greater was like to ensue , if remedy were not hastily provided : And thereupon ordaining and granting , that for ten years ●●●n next ensuing , several Commissio●s of Sewers should be made to diver● persons by the Chancellor of Eng●and , for the time to come , in all pa●ts of this his Realm , where should be needful ( the form of which Commission is there recited ) amongst other things gave unto the said Commissioners special power and direction , by that Act , to make aud ordain necessary and convenable Statutes and Ordinances , for the salvation and conservation of the Sea-Banks and Marshes , and the parts adjoyning , according to the Laws and Customes of ( this ) Romney Marsh.

And after the expiration of the said ten years , by Act q q 18. H. 6. cap. 10. of Parliament in 18 of his reign , continued the same form of Commissions . So also in r r 23 H 6. c. 9. 23. The like did s s 12 E 4. c. 6. K. Edw. the 4th in 12ᵒ of his reign , and K. Henry the 7th in t t 4 H. 7. c. 1. 4ᵒ of his .

And now having thus manifested , how great a care and regard the successive Kings of this Realm , had , for divers ages , of this famous Marsh ; I will cloze up what I have farther to say thereof , with that notable Charter of King Edward the 4th bearing date at Westminster 23ᵒ Febr. in the first year of his reign ; whereby he incorporated the Bayliff , and Jurats thereof ; the tenor whereof is as followeth ; viz. That whereas he the said King , held himself obliged to take care of the defence of this his Realm , and his loyal Subjects thereof , from what place soever ; especially those who lay neerest to the first assaults , and attempts of his Enemies . And considering , that many Towns and places , situate neer the Sea , had been laid waste by the spoils and burnings of the said Enemies ; and through the affrights of the Inhabitants , who thereupon forsook them , left unhabitable and desolate : Thinking it therefore most necessary , to repair the said Towns and places , or to new build others neer unto them ; and being so built to endow and arm them with Liberties and Privileges ; that being so fortified , they may , by the peoples recourse to them , be made more powerful and strong , for the better safeguard of the whole Country . And considering that in this Marsh of Romeney in the County of Kent , which is situate neer to the Sea , there was not at that time such a plenty of people and inhabitants , as were wont to be : But were it better defended , there would a much greater confluence resort thereto , and dwell therein , for the more safeguard of the whole Country , as he the said King had been informed from the credible relation of the Inhabitants of the said Marsh , and other parts adjacent .

Taking therefore the premisses into consideration ; of his special grace and favour , at the instant request of all the Commonalty and Inhabitants within the said Marsh , as also for the preservation thereof , and more security of the adjacent Towns , he gave and granted to the said Inhabitants residing within the limits and bounds thereof , that they should be one body in substance and name , and one Commonalty perpetually incorporate of one Bayliff and xxiiij Jurats , and the Commonalty of the said Romeney Marsh in the County of Kent , for ever . And that the said Bayliff , Jurats , and Commonalty shall have a continual succession , and they and their successors for ever called , termed and named by the name of the Bayliff , Jurats and Commonalty of Romeney Marsh in the County of Kent . And that they and their successors shall be persons proper and capable in Law to purchase Lands and Tenements , and other Possessions whatsoever , to themselves and their successors , to enjoy i● Fee and perpetuity . And that that they shall have a common Seal for their affairs and businesses , relating to them the said Bayliff , Jurats , and Commonalty , and their successors : And shall plead and be impleaded , answer and be answered , by the name of the Bayliff , Jurats and Commonalty of Romeney Marsh , in the County of Kent , in every of the said King's Courts , and the Courts of his Heirs and Successors ; and in all other Courts and places whatsoever . Which said Bayliff and Jurats , to be elected in like manner and form ; as also exercise their Offices , and be displaced from them , as heretofore it was wont and accustomed to be in the said Marsh.

And moreover , that the said Bayliff , Jurats and Commonalty , and their Successors shall have a certain Court before them the said Bayliff and Jurats of the said Marsh , for the time being , at some certain convenient place within the same , to be held from three weeks to three weeks for ever . And have full power and authority , to hear and determine in the said Court , by Bills of complaint therein ; all and singular Pleas of Debts , Accompts , Covenants , Contracts , Trespasses , by force and Arms , or otherwise in contempt of the said King , or his Heirs ; with many other Liberties and Privileges , of which for brevity I omit the rehearsal ; referring my Reader to the Record Pa ● E● 4. p. 2. m. 3. it self , if he desire to be farther informed therein .

And likewise the said King , for himself and his Heirs , then granted to the said Bayliff , Jurats and Commonalty , and their successors , that they shall from time to time have power to make reasoable Ordinances and Constitutions of good credit , and consonant to reason , for the common good of the said Marsh ; as also for the sound and wholsome Government thereof ; and for the common profit of the Inhabitants and residents therein ; to make use of them and put them in execution , within the bounds and limits thereof : And likewise to change them and every of them , for ever , as they shall see best . And that the said Bayliff , Jurats , and Commonalty , and their successors , for the necessities and profits relating to the said Marsh , shall amongst themselves assess and levy Taxes , and lay impositions upon the Goods , Lands , Tenements , and Merchandizes of the Inhabitants and residents , being within the bounds and limits of the said Marsh ; and otherwise , as it shall seem best to them , without the let● or impediment of the said King or his heirs , or his or their Justices , or other their Officers whatsoever .

And moreover granted to the said Bayliffs , Jurats and Commonalty , and their successors , that none of them , or of their heirs and successors , thenceforth should be put or impanelled in any Assizes , Juries , Recognitions , Attaints , or any other Inquisitions whatsoever , out of the bounds and limits of the said Marsh ; nor to be compelled to go out of those bounds or limits , to travail on any Juries , Inquisitions , Assizes , Recognitions , Attaints , or matters whatsoever , though they concern the said King , or his Heirs . Nor that any of them shall be made an Assessor , Taxer , or Collector of Tenths , Fifteens , or any parcell thereof ; or of any other Chardge , Subsidy , Tallage &c. whatsoever .

CAP XII .

HAving now done with Romney marsh , I come to East Kent , in which the first thing observable ( wherewith I have met ) is , that the K. Edw. the first , by his Letters a a Pat. 13 E. 1. m. 19. in dorso . Patents , bearing date at Westminster , xvio Maii , in the thirteenth year of his reign ; making mention , that he had granted license to his Barons of Sandwich , for the digging of a certain Trench , over the lands , lying betwixt Gestlinge , and Stonflete ; and from Stonflete to the said Town of Sandwich ; to the intent that the passage of the water called Northbroke , which was at Gestling , should be diverted ; so that it might run to Sandwich , for the perpetual commodity of that Town , and his Barons thereof ; he the said King assigned Solomon de Rochester , and Roger de Norwode , to enquire by the Oaths of honest and lawful men of the County of Kent , in what place the said Trench , and over whose lands , and to the least damage of the said Landholders , it might be most fitly made : As also to provide and take care , that the same Trench , and turning of the said water , should be so done , that the owners of those Lands , over which it was to passe , might be satisfied for the hurt they should receive thereby , before the work was begun .

About three years after , the said King directing his Precept b b Ex vet. cod . MS. in bibl . C●●to● [ ●●b effigie Cleopa●●ae . C. 7. ] f. 45. a. , dated at Tuttebury , the xvijth day of November , in the 16th year of his reign ; unto Edmund de Passele , Iohn de Ifelde , and Stephan de la Dane ; and therein expressing , that by reason of the defect in repair and support of the Banks , Item ex vet. cod MS. penès Ro● . T●●●dea d● East-●eckham in com . Kan● Baronetium . p. 223. Ditches , &c. on the Sea-coasts , and adjacent Lands , lying in the parts of East-Kent ; very great damage through the violence of the Sea , and overflowing of the fresh waters , had hapned ; and that greater would ensue , unlesse some speedy remedy were applyed : for prevention thereof he constituted the said Edmund , Iohn , and Stephan , his Justices , to supervise and take care thereof .

By virtue of which Precept , the Shireeve of Kent was commanded to bring before the said Justices , at a certain day and place , xxiiij aswell Knights as other honest and lawful men , of the Vicinage of Monketone and Menstre , ( in the Isle of Thanet ) and to enquire of the premisses . At which day he , accordingly , returned his Writ , and brought before them , Iohn Fryday , Roger Belringer , and others ; who being sworn to take view of the defects in those Banks , Ditches , Gutters , and Sewers , in the Marshes of Monketone and Menstre , and to certifie unto the said Justices , through whose default those damages had hapned : they answered , that they knew not , except it were by the boysterousnesse of the Sea , and the flouds of fresh waters . And being asked when the said Banks and Ditches were so destroyed , and who ought and had wont to repair them ? They said upon their Oaths , that when the Sea-bank was new made , all the men that had lands , lying within the danger of inundation ; whether they were neer or remote , and who had preservation by the same Bank , did contribute , according to the proportion of what they held , for a certain time , to the making and reparation thereof . And after the making and first repair of the same ; those then , who had lands adjacent thereto , did , at their own costs , repair the same defects , which afterwards hapned , and not any others .

And having perused the Ordinances of Sir Henry de Bathe , Iohn de Lovetot , and other Justices their associates , which were approved and confirmed by the King ; in which Ordinances it was expresly contained , that all persons , having Lands or Tenements , or common of Pasture or Fishing ; or that had defence and preservation in any sort , or might have , by the Banks , Ditches , Gutters ; Sewers , &c. in those Marish grounds ; ought to contribute , according to the quantity of their said Lands and Tenements , either by number of Acres , or by Carucates , according to the proportion of their said tenure , not only , to the new making of the said Banks , Ditches , &c. but to their repair and support , as often and whensover need should require : Whereupon it seemed meet to the said Justices ; that , not only they , who had grounds lying neer to those Banks ; but also they , who held lands situate within the before-specified Marshes of Monketone and Menstre ; whether neer , or at a large distance ; forasmuch as they are within the peril of the Sea , and had , or in some sort might have had safety and defence by the same Banks , Ditches , &c. ought to contribute thereto , according to the quantity of their tenure , without any favour , either to rich or poor , of what condition , state , or dignity soever : And to be compelled thereto , not only by distresses and amerciaments , but also by double the chardge ; and whatsoever other wayes or means , is in the said Ordinances contained .

And for the fulfilling of all these things , in the said Marshes of Monketone and Menstre , it was then ordained and agreed , that a common Bayliff should be elected by the Lords of the Fees , and Commonalty of the Marsh , within the said Marsh of Monketone ; and another Bayliff in the Marsh of Menstre ; to supervise , do , and execute all such things as to the Office of Bayliff of the Marsh pertained , according to the judgement of the Jurats , or Dike-Reeves .

Also that there should be chosen xij honest and lawful men , by the Lords of the Fees , or their Attornies , and the Commonalty of the Marsh ; or six of the Marsh of Monketone , and six of the Marsh of Menstre , who had lands in the said Marshes , lying in danger of the Sea ; which twelve to be assigned and sworn , jointly to oversee the Banks , Ditches , &c. in the said Marshes ; and to measure all the Lands , Tenements , and common of Pasture in those parts , which either had or might have safety and defence , in any sort , by the said Banks , Ditches , &c. to the end it might be known for how much they ought to contribute ; and who afterwards , upon their Oaths might supervise those walls , Ditches , &c. and place a certain * * Crest . Keire in every part of the said Banks , of such height and thicknesse , that the Marish grounds might be fitly preserved thereby : And that they should hold their Last when and as often as it might be needful for any defect in repair . And that a certain day be by them assigned , within the compasse whereof those defects should be made good , according to their discretion : And if the said repairs were not compleated within the time prefixed , that then the several Bailiffs , within their particular Bayliwicks , should lay out their own moneys , and receive the double thereof : And the xij men to give notice of the several defects , to those Bayliffs , after the repairs were not made good within the time so assigned . And if any of the said Bayliffs , Jurats , or Dike-Reeves did die ; or not give content to the said Lords of the Fees and Commonalty , others should be chosen in their stead , by the Lords of the Fees , or their Attornies , if upon notice given they would come in ; and by the Commonalty of the said Marshes . And they to be accounted Bayliffs or Jurats of every Marsh , who should have the consent of the Lords of the Fees , and greater part of the Commonalty of the said Marsh , lest that by long delay much peril might happen .

Also that there be chosen out of the xij Jurats , two men , in either Marsh , who were to be the Collectors of all such moneys , as should be assessed for those common repairs ; viz. in Gutters , Sewers , Water-gangs , and of the whole Bank , which lyeth in common to be repaired and sustained : And those two so chosen , to make Collections and disbursements ; and of such their receipts and layings out , afterwards to render a just accompt to the said Lords of the Fees , or their Attornies , and to the Commonalty of the said Marshes , within the several Marshes . And the Bayliffs of the Lords of the Fees to assist the said Collectors in the assessing and gathering the said moneys , and likewise , if need be , to distrain for the same .

Also that the said Common Bayliffs should cause the said xij men to meet together , as often and whensoever there might be need ; or that there was any danger , to supervise all the Banks , Ditches , Water-gangs , Sewers , and Gutters ; and to take certain consideration , before they departed , of all the defects ; and likewise to assesse a certain portion of money upon every acre , to each Tenant , according to the quantity of what he held ; and also to repair and amend the said defects within a certain time , whether that they belong'd to particular persons , or the whole Commonalty ; and for the fulfilling of all those determinations , that they be not only compelled by distresses , but by amerciaments ; and double , if need required .

And the said Bayliffs moreover , should punish all such , as being refractory to their summons , did not appear . And if any mans Land , lying within the Banks of the said Marshes , were digg'd for the repair of the said Banks , Ditches , Sewers or Water-gangs ; or for any new Bank or Ditch ; or for the making of an in-ditch or out-ditch , that then the Commonalty of every Marsh should give satisfaction to the party damnified , by the discretion and judgment of the said Jurats , according to the usage of Marish Lands ; having alwayes respect to the quantity of the ground so digged or lost : Saving always to the Lords of the Fees their right which they had and ought to have against their Tenan●s within their proper Fee , aswell for having defence , as for the taking double , when through their Tenants default , they did lay down their own moneys .

And lastly , that if any thing of difficulty , doubt , or obscurity did fortune to arise in these Ordinances , that it should be reserved to the Decree and Declaration of the before-specified Justices . Nor was it the intent of the said Justices , that any persons , who ought to have safeguard by others ; or that held their lands under certain conditions , should be by this Ordinance excluded from their defences and agreements , in case that such their agreement were not derogarory to the Law .

And for the performance of these Ordinances , William Shirreeve and Iohn Coopere of Hoo , were appointed Collectors of the moneys to be levyed in Menstre ; and William de Everle and Thomas Hamon , in Monketone .

The next year following ( which was the xvijth of the said King's reign ) I find that Iohn de Lovetot and Henry de Apuldrefelde , being also constitued c c Pat. 16 E. 1. m. 1. in dorso . Commissioners for the viewing of the Banks , Ditches , &c. in the parts of East Kent , which were broken and in much decay , through the violence of the Sea ; and to provide remedy for the same ; met d d Ex cod MS. in bibl . Cotton . sub effigie Cl●opatrae● C. 7. f. 41. a. at Erchesto , on the morrow after the Feast of St. Iames the Apostle ; where all those that held Lands lying within the Hundreds of Eastri and Cornilo , which lay in danger of the Sea , by virtue of the said King's Precept , attended them ; as also such and so many lawful men by whom the truth in the premisses might be the better known . And it being then and there testified by the Commonalty of the Country ; that it was expedient for the said whole Commonalty to have one Bayliff and xij Jurats , within those Marshes , in such sort as they of Romeney Marsh , and the Marshes towards Sussex then had ; the same Jurats appointed the said whole Commonalty , then and there being , that they should make choice of one Bayliff , and xij trusty and lawful men , viz. six of the Hundred of Eastrie , and six of the Hundred of Eornilo , having Lands lying in peril of the Sea within the precinct of those Hundreds . Who being accordingly chosen , did ●orthwith swear , that they would faithfully perform all things , which on the King's behalf might therein be enjoyned . Whereupon the said Commissioners appointed them , that they should upon their Oaths justly measure all the Lands , aswell of the Lords , as Tenants , which lay in danger of the Sea within those places : And having so done , that then the said Jurats should cause the said Banks and Sewers to be made , at the common chardge of all those , which had Lands in those parts , within the compasse of that danger , for the safeguard of them from the like peril , and defence of the Lands lying so in danger . And moreover , that they should frequently oversee those Ditches and Sewers , and cause them to be kept in repair at the common chardges , as aforesaid , whensoever need should require . And if any of the said xij Jurats should happen to dye , or could not attend the care of the said Banks and Sewers ; that then another of the same Hundred , should be forthwith chosen by the rest of the surviving Jurats , in each hundred ; and sworn to perform all the premisses faithfully and diligently , together with the said other Jurats .

According to which Ordinance the said xij Jurats of the before-specified Hundred of Cornylo ; did then cause all the Acres of Land and Marsh , lying in the said Hundred , and in the peril of the Sea , to be measured ; the number whereof were as followeth ; viz.

Acres . Belonging to the Abbot and Covent of St. Augustines in Canterbury CLiii . The Tenants of Scholdone Ciii . The Tenants of Northbourne Lxx. The Tenants of Fenglesham Lx. Dionyse de Foulmed Cx. Thomas de Bonyngton xcii . Smothemershe contained in it self , xlv . Mennese of Cornylo contained Liii . Collol and Laurence Marscall , had one Marsh called Calhill , containing iiii . The Tenants of Dale CXLvi . Brokes of Monyngeham x. The Fee of Scholdone CLv . The Prebend of Dale xlii . The Chamberlain of S. Augustines of Canterbury xiii . The Tenants of Lydene , in the whole CCxxxiiii . The Prior of Dovor , and his Tenants CCCvi . The Abbot and Covent of Langedone xliii . The Cotiers of Northbourne Lix .

The total of all the Acres . MDC . The total of the Assessment xxxvl. viiis. iiijd.

In like manner did the same Jurats measure the Lands lying within the the Hundred of Eastrie wherein they found that ; Acres . The Prior and Covent of Christ-church in Canterbury , had in the whole CCCCiii . The Tenants of Halklyng Lx. The Tenants of Worthe XC . Likewise towards Henelyng iii. The Field called Herynglond , x. The Field adjoyning to Herynglond , on the North xv . In one Marsh , called Garestoft xxv . In the Marsh , called Stapynberghe Cviii. In the Marsh , called Prestemed xv . In the Marsh from Hamme bridge , to the curtilage of Iohn Feykyn L.

The total of all the Acres DCCLxxix . The total of the Assessment xvil. iiiis. viid.

Acres . Sir Bertram de Trauncrey , and his Tenants Lviii . Iohn Fitz Bernard . xl . Nicholas de Sandwyche ●xxxix . The Heirs of Simon de Ercheslo L. Thomas Edwards and his Partners , at Sanddowne Cxxxiiii . The Heirs of Henry de Schenebroke vi .

The total number of Acres CCCLxxvii .

The total of the Assessment — viil. xviis. id.

The total of the Acres in both Hundreds , MMDCCCLvii . Acres .

The total of the whole Assessment — Lixl. xs.

In the same year ( viz. 17 E. 1. ) William Barry of Rolvyndenne complaining , that whereas one William de Potone , in respect of his Lands lying within the Marsh of Neubrok and Rolvyndene , neer to the Sea coast , betwixt Smalhede and Mayhamme , ought to repair and maintain certain Banks , Ditches , &c. for the defence of his Lands and Tenements , and of others having lands in that Marsh , against the violence and rage of the Sea ; and that the said William de Potone , notwithstanding that himself and his Ancestors , had alwayes wont to repair and maintain them , did then withdraw himself from so doing ; the King therefore by his Letters Patents , bearing date at Ledes xxi Aug. did constitute e e Pat 17 E. 1. m. 10. Henry de Appeltrefeld , Robert de Savauuz , and Henry de Ledes , his Commissioners to enquire the truth thereof , and to make redresse accordingly .

The next year following , upon the like complaint of Osbert de Forshamme , Hugh de Herindenne and Eustace de Casinghamme ; that whereas Iohn Malemeins , by reason of his lands in Rolvindenne aforesaid , lying neer the Sea coast , betwixt Mayhamme and Newindenne , ought to repair and maintain certain Banks , Ditches , &c. for the defence of the said Lands , and the Lands of others , against the force of the Sea ; he the said Iohn , notwithstanding that himself and his Ancestors , had usually so repaired them , did maliciously neglect so to do ; by means whereof , the said Osbert , and others , holding Lands in those parts , did through the violence of the Sea , undergo grievous and intolerable losses ; the said King by his Patent dated at Kings-Clipston 30 Oct. 18 E. 1. appointed f f Pat. 18 E. 1. m. 5. the said Henry de Apletrefeld , and Bertram de Tancre , his Justice● to enquire , and make redresse thereof .

The like Commission , upon the complaint of William de Barry of Rolvyndene , against the said Iohn Malemeins , who by reason of his lands in the Marsh of Westbroke , ought to have repaired certain Banks and Ditches there , and neglected so to do ; was directed to the before-specified Henry and Bertram .

In the same year 8 Dec. Hugh de Blund , Iohn de Dovor , and William de Gatecumbe were constituted g g Pat 18 E. 1. in dorso m. 44. Commissioners to oversee the Banks , Ditches , &c. lying on the Sea-coast within this County of Kent .

And the next ensuing year , upon a farther complaint made by the before-specified Osbert de Hamme and others , against the said Iohn Malemeyns , for his neglect to repair the Banks and Ditches betwixt Mayhamme and Newindenne , formerly mentioned , the said King by his letters h h Pat. 19 E 1. m. 22. Patents dated at Asherugge , associated Wil. de Gaselhamme to the said Henry and Bertram , to make a new enquiry thereof .

In 20 E. 1. the King being informed , that Richard Ferynge , Parson of the Church of Lymene , having , by reason of his Lands and Tenements belonging to his said Church , at his own proper costs repaired , and was still ready so to do , a certain Bank at Westhethe , situate neer the Sea-coast , as often as need required : and that therefore he ought not to contribute to the repair of any other Banks , forasmuch as neither himself nor his Predecessors , Parsons of that Church , had ever been accustomed so to do : And that neverthelesse , Iohn de Chert , Bayliff of Romenhale Marsh , and the xxiiij Jurats of the said Marsh , had newly distrained him , together with others of those parts , for the repair of the Banks and Ditches , neer the Sea-●oast , at Appeldere ; the said King herefore , not willing that the said Par●on should suffer wrong therein , granted ●is Commission i i Pat 20 E. 1. m. 2. in dorso , bearing date at Chau●one the 18th of Febr. unto Stephan de Pencestre , and William de Echingham , to make enquiry in the Premisses , and to make redresse of such injury as they should find to have been done therein .

And in 27 E. 1. the Sea-banks in this County , being grown to decay in divers places , Robert de Septva●s , and William Mause were constituted the k k Pat. 27 E. 1 in dorso m. 28 King's Justices to take view of them , and to take order for their speedy repair .

In 2 E. 2. William de Walleins and others , being constituted l l Ex cod . MS. penès O●o . S. I●●n c●p . Just●c . d●●anco 3 D●c . 1657. t. 12. b. Commissioners for the viewing of the Banks and Water-gangs in this County , sate at Newcherche upon the Monday next following the Feast of S. Mildrede the Virgin , in the said year ; where , by the common assent of the Lords of the Marshes of Lyde and Oxney , and the appointment of the King , it was ordained , m m Ex cod . MS. penès O●o . S. I●●n c●p . Just●c . d●●anco 3 D●c . 1657. t. 12. b. that thenceforth the said King's common Bayliff in Romeney Marsh , should oversee the Bayliffs and Jurats of the said Lyde and Oxney ; and when necessity should require , to summon them , together with the xxiiij Jurats of Romeney Marsh , to fit places , to consult of Ordinances and making Laws for the defence of the Lands in the said Marshes ; so that they should alwayes abide by the Determinations and Customes of the said Jurats , for the lesse losse and more safeguard of their Lands , notwithstanding any Custome to the contrary : Saving alwayes the tenor of the King's Charter granted to the Commonalty of the said Marsh , and likewise the Ordinances of Sir Henry de Bathe , as also of Iohn de Lovetot and his associates , for to remain in their full power .

In the same year Henry de Cobham Junior , Iohn Malemeyns and William de Bernefeld were appointed n n Pat. 2 E. 2 m. 22. in do●so cedul● . by the King , to take view of the Banks , Sewers , &c. in East-Kent . So likewise were Wares●o de Valeynes , Iohn Malmeynes , and Henry de Worhope assigned o o Pat. 2 E. 2. m. 19. in dorso . to make enquiry of the Banks , Ditches &c. in the Marshes of Meyhamme and Gatesdenne , upon the Sea coast , betwixt Smallyde and Meyhame , then wanting repair , through the default of Raphe de Thordonne , Scoland de Forshamme , Thomas Fitz Hubert of Hechyndenne , and Walter de Marcleshamme ● who held lands in those Marshes .

In 6 E. 2. the Jury for the Hundred of Cornylo exhibited a Presentment p p Ex cod . vet. MS. pen●s Rog. 〈◊〉 . ●●ronettum p 108. unto Hervic de Stantone and his fellow Justices Itinerants , sitting at Canterbury in the Octaves of S. Iohn Bapt. importing that the Prior of Christs-Church in Canterbury , did , about ten years then past , divert the course of a certain water , called Gestling , in which such Felons as were condemned to death , within the before-specified Hundred , ☜ ought to suffer judgement by drowning ; so that by this turning of that stream , those condemned persons could not there be drowned as formerly ; and that this was to the prejudice of the King , &c. And they likewise presented , that the said Prior , about two years then past , raised a certain Trench of four foot , by which the same water of Gestling , coming from the upper part of that Country , had wont to passe unto the Sea , and wherein the King had used to have fishing worth Cs. by the year : And that by the said diversion , the King not only lost the profit of his fishing , but a thousand and five hundred Acres of Land were thereby drowned , to the great damage of the said King , and all the Country thereabouts : The Shireeve therefore had command to summon the said Prior &c.

Who appearing , and the said Jury taking the premisses into farther consideration , said upon their Oaths ; that , as to the Fishing , the said Prior and Covent had antiently a certain mill in a place called Lydene ; which Mill being burnt in the time of warr , there was no other there built till that the Prior then living about ...... years past erected a new one : And they said , that after the building thereof , the said Prior raised a certain Gutter , four foot high , which had there been made in former time , for conveyance of the water from the upper parts of the Country : And they said likewise , that without the said Gutter , there then was a certain Fishing , which the Kings Officers belonging to Dover Castle ( it being within the liberties thereof ) sold sometimes for 30s. per annum , sometimes for 20s. and sometimes for lesse : And that the course of the said water , which passed through the before-specified Gutter , passed to that place , wherein those condemned persons had wont to be drowned , and their bodies carryed to the Sea . And they moreover said , that after the same Gutter was so raised , the water , so descending from the upper parts before-mentioned , could not passe through it , whereby not only the said fishing became totally lost , but the drowned bodies could not be conveyed to the Sea by that Stream as formerly ; and all this , by reason that the water had not it's passage there , as usually ; and that the ground without the Gutter so increased , and grew higher , that the stream could not have it's course there .

And the said Jury being asked , how long that Gutter had been so raised ; they answered , for four years only● And what the said fishing was yearly worth ; they replyed one Mark . The Shireeve thereof had command , that he should cause the said Gutter to be put into the same condition as it was before ; and that the earth , without the Gutter , so raised , should be thrown down again at the chardge of the said Prior &c. so that the course of the before-mentioned water might run as it formerly did ; and the said Prior was amerced .

About two years afterwards , viz. in 8 E. 2. Will . de Basinges , Will . de Swantone , and Will . de Leteriche were constituted q q Pat. 8 E. 2. p. 2. m. 122. in dorso . Commissioners to oversee the Banks , Ditches , &c. in the Marshes of Romenale , and Oxene , in this County ; and to take order for their repair .

So also in 9 E. 2. was r r Pat. 9 E. 2. p. 2. m. 17. in dorso . Robert de Kendale , then Constable of Dovor Castle , Iohn Malmeyns of Hoo , and Will . de Cotes , for those in East-Kent . The like s s Pat. 10 E. 2. p. 2. m. 21. in dorso . Commission had Iohn de Ifelde , Will . de Cotes , Stephan de la Dene , and Will . Lotriche , in 10 E. 2. As t t Ib. also the said Robert de Kendale , Nich. Kyriell , Iohn Malemeyns of Hoo , and William de Cotes .

In 11ᵒ E. 2. Thomas de Sandwiche , Will . de Cotes , Will . de Derby and Thomas de Poveyn , were specially appointed u u Pat. 11 E. 2. m. 31. in dorso . to view the Banks , Ditches &c. in the Marsh of Chistelet , lying also in East-Kent ; and to cause the defects therein amended .

The next year following , Edmund de Passele , Will . de Dene , and Iohn de Ifeld were assigned w w Pat. 12 E. 2. p. 2. m. 21. in dorso . to take the like view &c. for those Banks and Ditches lying neer Newendene and Rolvyndene . In x x Pat. 14 E. 2. p. 2. m. 7. in dorso . 14 E. 2. Iohn Abell , and Robert de Shirlond , for those on the Banks of Medway , neer to Reynham and the parts adjacent , which had received much decay by the fresh waters . And in y y P●t. 16 E. 2. p. 1. m. 14. in dorso . 16 E. 2. the before-specified Edm. de Passele , Iohn de Ifeld , and Stephan de la Dane , again for those in East-Kent .

In 20 E. 2. the Prior of Bilsyntone representing z z Esc. 20 E. 2. n. 14. to the King ; that whereas Iohn Maunsell , the founder of that Monastery , had given to the Canons of that House and their Successors , the Mannour of Over Bilsyngtone , with the appurtenances ; whereunto a certain salt Marsh , situate in Lyde , neer Romenale , containing Lx Acres , did belong : which both at the time of the said grant , and since , had been alwayes drowned by the flowings of the Sea ; humbly petitioned , a a Esc. 20 E. 2. n. 14. that he would please to grant license for the drayning thereof ; and that it might be reduced to culture , by the defence of Banks , according to the Marish Law . Whereupon the said King issued forth a Writ of Ad quod dampnum to his Escaetor for this County , commanding him to enquire whether the same might be effected without prejudice to himself or others . Upon which enquiry , the Jury certified b b Esc. 20 E. 2. n. 14. upon their Oaths , that it might : and that the said Marsh contained of it self CCxl . perches in length , and xl perches in bredth ; and that it was of no value before the drayning , and banking thereof ; but that being so banked and drayned , it might be yearly worth xxxs. every Acre prized at with

In 2 E. 3. upon complaint * * Ex bund . de Brev. & Recordis , Wallia & fossata tangentibus , in Arce Lond. n. 2. made to the King on the behalf of those that held lands of the Archbishop of Canterbury , lying within the Isle of Tanet , Gravene , and Harnhull ; shewing , that whereas divers Banks , Ditches and Sewers , during the time that the Temporalities of the said Archbishoprick , by the vacancy thereof , remained in the said King's hands , were decayed and worn down by the violence of the Sea ; which Banks &c. the Archbishops of that See , had used to repair ; the said King , directing his Commission to the Guardians of the Temporalties of the said Archishoprick , commanded them by an Inquisition to be taken thereupon , and such other wayes and means , as should be most expedient , to enquire whether he ought to repair those Banks , by reason of the said Temporalties , at that time in his hands .

By virtue of which Precept Iohn de Ifelde and other the Commmissioners for that purpose , came to Gravene and Harnhull , to view the said Banks , and called before them , upon Tuesday next after the Feast of the Ascension , in the year abovesaid , xij honest and lawful men , who were Tenants of the same Archbishoprick , in those parts ; and finding divers of the said Banks , very ruinous , and almost totally broken down , made enquiry , by Iohn atte Fayrebroke , and other his Fellow Jurors , touching that matter . Who upon their Oaths then certified , that in the 17 year of K. Edward the second 's reign , there were in the said Towns of Gravene and Harnhull DL Acres of Marsh , lying in North-mershe aud Denle , in the Demesne and Fee of the before-specified Archbishop , and divers men of those parts : Of which , the portion belonging to the said Archbishop was CLxiii Acres and a half of Marsh , which by the flowing of the Sea-tides had wont to be drowned ; for prevention whereof , by the consent and good liking of Walter then Archbishop of Canterbury , and his Tenants there● and all other persons of those parts , who were Tenants of those Marshes , in the moneth of Iune , in the before-specified year , there was a Bank made , containing in length CCCxx Perches , and in bredth two Perches , by which the said Marshes were included and defended : Which Bank continued untill the Friday next after the Feast of St. Vincent , in the first year of the said King Edward the third : On which day it suddainly hapned , through the violence of the winds , and raging of the Sea , that a piece of the said Bank of North-mersh , containing Cxx Perches , was v●ry much broken , and almost quite destroyed .

And they farther said , that there was within the said Town of Gravene , in a place called Clyvesmersh , part of a Bank , containing xvij perches , by which xxviii Acres of Marsh , of the Demesnes of the Archbishop of Canterbury were defended ; which Bank , through the said tempestuousnesse of the Sea , was beaten down , being then in the Kings hands by reason of the said vacancy of the Archbishoprick : And that if speedy remedy were not had , for the repair of those Banks , both the said Marshes would be in danger to be drowned . And they said moreover , that the decay in the said Bank of the North-mersh , could scarce be made good for xxijl. xvijs . viijd . For the raising of which summ for that repair , the said Jurats assessed every Acre of the said DL Acres of Marsh , at ten pence ; whereof the portion for the Archbishops Demes●e , came to vil. xvis . iijd . And they likewise said , that the before-mentioned part of the Bank at Clyvemershe , containing xvij perches , might be repaired for two Marks and a half : And that though they had received command , that they should take care that no more damage , for want of these repairs , should happen to those parts , in respect of what concerned the said King ; they had neverthelesse forborn to be at any cost therein , untill they should receive farther signification of his royal pleasure . And lastly , as to the Banks in the Isle of Thanet , that they found them all in good repair .

In 11 E. 3. upon a Writ c c E●c● 1● E. 3. n● 103. 〈◊〉 . of Ad quod dampnum , the Jury certified , that it would not be prejudicial to the King or any other , if license were given to Iohn then Archbishop of Canterbury , and to the Prior of Christs-Church in Canterbury , to suffer an antient Trench , leading from an arm of the Sea , called Ap●ldre , towards the town of Romeney , which passed through the proper soyl of the said Archbishop and Prior , and which was then newly so obstructed by the Sea-sands , that Ships could not passe thereby , to the said town of Romeney , as they had used ; to be wholly stopped up and filled , so that they the said Archbishop and Prior might make their benefit thereof as they thought fit ; in regard that there then was a certain other Trench , leading from the said arm unto Romeney , lately made by the force of the Sea , by which Ships and Boats might passe , without impediment to the said town , as they had wont to do by the other , before it was so filled up . And they said moreover , that the said antient Trench was the proper soyl , of the before-specified Archbishop , Prior , and Margaret de Basinges ; and that it had been obstructed in such a sort , by the space of xxx years and more then last past , by the Silt and Sea-sands , as that Ships could not conveniently passe that way : And that the new Trench was more proper and sufficient , whilst it was open , than the said old one , for the passage of Ships to Romeney above-mentioned ; and did so remain at that time : And moreover , that the same new Trench was the soyl of the said Archbishop , Prior , and Covent , Margaret de Basynges , and the Abbot of Roberts●rigge . And lastly , that the said old Trench contained in length viiC . perches , and in bredth x. And the new one vC . perches in length , and in bredth xx .

In 14 E. 3. Henry de Bradwey , Will . de Langley , and Thomas St. Nocholas , were constituted d d Pat. 14 E 3. p. 1. m. 28. in dorso . Commissioners for viewing and repairing the Banks and Ditches , in certain Marshes lying betwixt the Towns of Sesalter , Gravene , and Hornehill , and others adjoyning thereto . So also were e e Pat. 14 E. 3. p 2. m. 21. in dorso . William de Scotheni , Will . de Cotes , and Stephan de la Dane , for the like Banks , Ditches , &c. lying on the Sea-coast , in East-Kent .

In 25 E. 3. Iohn de Cobham , Otto de Grandison , Will . Waure , and Stephan de Horsham had the like Commission f f Pat. 25 E. 3. p. 3. m. 7. in dorso . , for those betwixt Bigpole and Estflet , in this County . So also had g g Pat. 25. E. 3. p. 2 m. 6 in dorso . Sir Robert de Cheyne , Knight , Will . de Stavere , and Iohn de Broke , for the Banks &c. lying betwixt Newenton and Dovor .

In 31 E. 3. Thomas de Lodelawe , VVill. de Halden , h h Pat. 21 E 3. p. 2. m. 25. ●n do●so . and Robert Bilknappe were appointed to take view of the Banks &c. in the Marshes of Tenham , Lodenham , Stone , Ore , and Faversham , in this County , much broken by the violence of the tides , and to provide for their repair .

In 27 E. 3. Robert de Herle , VVill. de Haldene and Stephan Donet had i i Pat 37 E. 3. p. 1. m. 23. in dorso . Commission to take view of all the Banks &c. in the Isles of Shepeye and Thanet ; as also in the parts of Gravene , Harnhull , Sesaltre , Gunneston , Chistelet , Recolvre , and Leyden , neer Sandwich ; and likewise in the Marshes of Tenham , Lodenham , Stone , Ore , and Faversham in this County of Kent ; ☜ and to determine all things touching their repair , according to the Custome of the Marsh Lands , formerly used in this County . And the next year following , Robert de Belknap , and Thomas de VValton Clerk , were appointed k k Pat. 38 E● 3. p. 2. m. 13. in dorso . to do the like in the Marshes of Tenham , and other adjacent places .

In 39 E. 3. the King being informed , l l Par. 39. E. 3. p 1. m. 19. in dorso . that the Sea had more than formerly overflowed the Lands , Marshes , and other Tenements , extending from a certain place called the Clivesende , within the Isle of Tanet , unto the Town of Stonore , which contained in compasse two miles ; whereby in a short time the hurt and damage done thereto , was such , as that it was almost destroyed : And that , within a few dayes , except some help were had to resist those violent overflowings , all the low grounds , adjoyning to the Sea and Arms thereof , within the Hundreds of Ryvesko , Wyngham , Prestone , and Dounhamford , to an inestimable damage , would be overwhelmed ; he assigned m m Par. 39. E. 3. p 1. m. 19. in dorso . Raphe Spigurnell , then Constable of Dovor Castle , Iohn Cobham , Robert Belknap and others , to enquire and determine thereof according to the Law and Custome of this his Realm . And in 41 E. 3. Iohn Flemmyng Parson of the Church of Whitstaple , Iohn de Feversham , and Will . Tidecombe were constituted n n Par. 43 E 3. p. 2. m. 45. in dorso . Commissioners , to view the Banks , Ditches , &c. lying betwixt Swalclif and Graveney .

In 43 E. 3. Iohn de Co●ham , Robert de Belknap , Will . de Horne , Simon de Kegworth , and Thomas de Garwynton were appointed o o Pat. 43 E. 3. p. 2. m● 45. in dorso . , to cause all the coasts of the Isle of Thanet , where Shfps or Boats might land , to be fortified with Banks and Ditches , if they were capable thereof .

In 47 E. 3. the said Robert Belknap , with Roger de Asheburnham , Will . de Toppeclyve , and Thomas de Harcheregge were assigned p p Pat. 47 E. 3 p. 1. m. 32. in dorso . to view all the Banks &c. betwixt Hetecrone , and Ealdyng , as also between Patyndennesmel , and Elherst , in this County of Kent ; and to do what should be requisite concerning them , according to the Law and Custome of this Realm . In the same year also was such an assignation q q Ibid. m. 8. to Sir Thomas de Lodelowe Knight , Will . Horne , and Thomas de Shardelowe , touching the Banks &c. betwixt Pekesende and the Marsh of Lesnes .

In 48 E. 3. Roger Digge , Will . Tydecombe , Nicholas Heryng and others had r r Pat. 48. E. 3. p. 1. m 30. in do●so . the like Commission for the Banks in Harnhull marsh , betwixt Whitstaple , and Faversham : So also had s s Pat. 48 E. 3. p. 1. m. 30. in dorso . Robert Bealknappe , Roger Dygge , Will . Horn● , and others , for those betwixt Gravesend , and Shepeye , and thence to Recul●re ; and so to Sandwiche , Dovor , Romeneye , Promhelle , and Newendenne . The next year following , Robert Beleknap , Thomas Reynes , Lieutenant of Dovor Castle , and Warden of the Cinque Ports , with Roger Dygge , and others , were in like manner appointed t t Pat. 49 E. 3. p. 1. m. 6. in dorso . for those Banks &c. upon the Sea-coast , extending from the Town of Hethe to Romeneye , and thence to Promhull , and Apuldre . So also were u u Pat. 49. E. 3. p. 1. m. 1. in dorso . Nich. Heryng , VVill . Symme , Richard de Blore , and others , for those in the King's Marshes of Slayhill , Werkeworthe , Greneberghe , Daundeleye , and North mersh , in the Isle of Shepeye : And Sir Iohn de Cobham , Knight , Iohn de Sudbury , VVill . Toppeclive , and others , for w w Ib. the Banks &c. in the Marsh , called Court broke , in the Isle of Oxene ; to do therein as to Justice should belong , according to the Law and Custome of this Realm .

In 50 E. 3. Thomas de Garwynton , Will . Makenhad , Stephan Bittyngham , with some others , were constituted x x Pat. 50 E. 3. p. 1. m. 37. in dorso . Commissioners , for the view of those Banks &c. situate in the Marsh of Harnhull , betwixt Whitstaple and Faversham . And y y Ib. m. 30. Nicholas Heryng , Iohn Godewot , VVill . Symme of Uppechirche , and others , for those in Motteneye marsh , at the Mannou● called Quenescourte , in this County : and to proceed in both these according to the Law and Custome of this Realm .

In 1 R. 2. the before-specified Thomas Garwynton , VVill . Makenhede , Stephan Bettenham , and Richard Sandre , had z z Pat. 1. R. ● . p. 2. m. 23. in dorso . the like appointment for those Banks &c. in the said Marsh of Harnhull , betwixt Whitstaple and Faversham . So also had a a Pat. 1. R. 2. p. 1 m. 25. i● do●so . VVill . Horne , Stephan Bettenham and Iohn Fraunceys for those in the Marshes of Ebbenesorok and Sharlee .

In 3 R. 2. Robert Bealknap , Iohn Barry , VVill . Horne , VVill . Makenade , Stephan Betenham , Stephen Pestenden , and Iohn Brode , being constituted b b Pat. 3 R. 2. p. 1. m. 44. in dorso . Commissioners for view of the Banks &c. in the Parishes of Stone , Witresham , Appuldore , and Snergate in this County ; as also of Idenne in Suffer , had command to proceed in the repair of them , according to the Custome of the Marsh , ☜ and Law and Custome of this Realm . And in the same year the said Rob. Bealknap , VVill . Horne , with Nich. Heryng , Thomas Shardelowe , VVill . Makenade , and VVill . Ellys , had c c Pat. 3. R. 2. p. 2. m. 6. in dorso . the like Commission , for the view and repair of those Banks &c. lying betwixt Pekesmere , and Stonore , neer Sandwiche ; and to do therein what should be consonant to Justice , according to the Law and Custome of the Marsh aforesaid . So also had VVill . Topclyf , VVill . Makenade and Iohn Fraunceys , for those in the Marsh of Harnhull , betwixt Whitstaple and Faversham .

The next year following the said Robert de Bealknap , VVill . Topclyf , VVill . Makenade , Iohn Roper , Thomas Chiche , and VVill . Brenchele , had d d Pat. 4 R 2. p. 1. m. 17. in dorso . the like appointment for those betwixt Feversham and Muston . And in e e Pa● . ● . R. 2. ● . ● . m. 29. in do●so . 5 R. 2. Rob. de Ashton , Robert Bealknap , Arnald Sauvage , Thomas Garwynton , VVill . Symme , and Elyas Reyner , for those in the Marsh of Ore , within the Hundred of Middleton ; and to determine of all things therein according to the Custome of Romeney marsh , to that time reasonably used .

In 9 R. 2. Simon de Burley , Constable of Dovor Castle and Warden of the Cinque Ports , Sir Thomas Symond Knight , Roger Ashburnham , Stephan Betenham , and Iohn Broke , were constituted f f Pat. 9 R. 2. p. 1. m. 1. in dorso . Commissioners to view and repair the Banks &c. betwixt Beauclif and Sturdes●ale . And g g Ibid. Will . Horne , Will . Makenade , Stephan Betenham , and Iohn Lynet , for those betwixt Fairfeld and Apuldre : ☞ By which Commission the said VVilliam and the rest had authority given them to take so many Carpenters , with other Artificers and Labourers , as should be needful for repair of those Banks , Ditches , &c. upon competent wages for their work therein , in respect of the great and urgent necessity for making good the said Banks &c. with all expedition .

In 10 R. 2. Simon de Burley , then also Constable of Dovor Castle &c. Robert Bealknap , Thomas Garwinton , and Iohn Colepepir had the like Commission h h Pat. 10 R. 2. p. 1. m. 37. in dorso . for the Banks &c. lying betwixt Faversham and Sandwiche . And in 12 R. 2. Sir Iohn de Cobham Knight , Sir Thomas Fogge Knight , Sir Arnold Sauvage Knight , with others , were i i Pat. 12 R. 2. p. 1. m. 13. in dorso . appointed to view and repair those Banks , which were in the Marshes of Thanet ; as also betwixt Reculvre , and a certain place called S. Mary Clif ; and farther specially directed by their Commission , to hear and determine all things concerning the premisses according to the Law and custome of Romeney marsh , to that time used : As also to take so many Ditchers , with other Workmen and Labourers , as might be needful for the said work , upon fitting wages to be paid to them for the same ; and this in respect of the great and urgent necessity , for the dispatch of that work .

The next year following Iohn VVadham , VVill . Horne , Will . Makenade , Stephan Betenham , and Iohn Lynet were constituted k k Pat. 13 R. 2. p. 1. m. 34. in dorso . Commissioners to view and repair the Banks &c. betwixt Fairfelde and Apuldre , and Snargate , then broken with the violence of the Tides ; and to proceed therein according to the Law and Custome of this Realm of England , and the Custome of Romeney marsh .

In 17 R. 2. the like l l Pat. 17. R. 2. p. 2. m. 37. in dorso . Commission was directed to Iohn Colepepir , Will . Makenade , Stephan Betenham , Thomas Brokhelle , and Nich. Potyn , for the view and repair of those Banks &c. which were betwixt the Cities of Canterbury and Rochester ; and to act therein according to the Law and Custome of this Realm , and of Romeney Marsh. So also m m Ibid. in the same year , the like to the said Iohn Colepepir , Iohn Septvaus , Will . Elys , Will . Tydecoumbe , and Richard Bartelot , for those betwixt the said City of Canterbury and Sandwiche , and to act therein as aforesaid .

In 22 R. 2. Stephan Betenham , Robert Oxebregge , Will . Berton , and Thomas Ikham , had the like n n Pat. 22 R. 2. p. 1. m. 2. in dorso . appointment for those Banks &c. lying betwixt the Town of Ebbene in Oxene , and the Town of Brensete . So also had o o Pat. 1. H. 4. p. 5. m. 22. in dorso . VVill . Makenade , Stephan Betenham , VVill . Bertone , VVill . Bertyn , and Henry Horne in 1 H. 4. for those upon the Sea-coast , betwixt the Towns of Smallyde and Promhelle . And p p Pat. 2 H. 4. p. 1. m. 12. in dorso . in 2 H. 4. VVill . Rykhill , VVill. de Makenade , Stephan Betenhamme , Iohn Colepepir , VVill . Bertone , VVill . Elys , Thomas Ikham , and Iohn Martyn of Derteforde , for those Banks &c. situate between the Towns of Grethe and Sandwiche . In all which Commissions , special care was taken that they should proceed according to the Law and Custome of this Realm , and the Custome of Romney Marsh.

In 3 H. 4. the King directing his Letters q q Pat. 3 H. 4. p. 1. m. 12. Patents to the inhabitants of the Isle of Shepeye ; wherein , taking notice of a certain Sea-bank therein , extending it self from a place called Tremmodferye , unto another place , named Cothelles ; which , before the building of Quenesburgh Castle , being only four foot in bredth , and afterwards , by Edward the third , late King of England , for the advantage of Carts and Wagons , passing from the before-specified Ferry to the said Castle , was made thirty foot broad ; had suffered so much decay , that scarce a single person could then go upon it : and that the said Inhabitants were not able to repair the same , without some assistance from others ; by the advice of his Councel , granted unto them for their better help in undergoing the said work , these several Customes , to be , for the space of the three next ensuing years , assessed and collected ; viz. for every Horseman being a stranger that should come into or go out of the same Isle by the said Bank , id. And for every Footman an half peny : For every loaded Horse id. and every one empty an half peny .

In 10 H. 4. George Ballard , Stephan Betenham , Rob. Oxenbregge , Vincent Fynche , Thomas Oxenbrigge , VVill . Marchant , Iohn May , and Iohn Lonsford were constituted r r Pat. 10. H. 4. p. 1. m. 13. in dorso . Commissioners for the view and repair of the Banks , Ditches , &c. on the Sea-coast , and in the Marshes , betwixt the Towns of Romeney and Promhull , then ruinous by the rage of the Sea ; and to proceed therein according to the Law and Custome of the Marsh , and Law and Custome of this Realm .

In 13 H. 4. Rob. Clifford , Thomas Remys , Iohn Martyn , Thomas Elys , Thomas Marchaunt , Iohn VVhitehed , and Iohn Bertone had the like Commission s s Pat. 13. H. 4. p. 1. m. 23. in dorso . for those Banks &c. lying betwixt Pekesend and Stonore , neer Sandwiche ; wherein they were commanded to act according to the Law and Custome of the Marsh.

In 3 H. 5. Iohn Darelle , Roger Rye , Thomas Elys , Henry Horne , and VVill . Marchaunt had the like assignation t t Pat. 3 H. 5. p. 1. m. 17. in dorso . for those betwixt the Towns of of Smalhede and Romene ; and to act according to the usage of the Marsh , and Law and Custome of this Realm .

The next year following , Iohn Drylond , Iohn Brynkle , Peter Hall , Iohn Salisbury , Iohn Pecock , and the Shiriff of Kent , were appointed u u Pat. 4. H. 5. p. 1. m. 15. in dorso . in like sort to view and take care of those Banks &c. lying in Warde mershe , within the Parish of S. Nicholas in Tanet , then broken by the violence of the waves ; and to proceed therein according to the Law and Custome of Romney Marsh.

In 6 H. 6. Iohn Bamburghe , VVill . Cheyne of the Isle of Shepeye , Iohn May , Thomas Betyngham , and Thomas Groveherst , had the like appointment w w Pat. 6 H. 6. p. 2. m. 8. in dorso . , for the Banks &c. betwixt the City of Rochester and Whitstaple ; and for those in the said Isle of Shepeye ; and to make Statutes and Ordinances , besitting the defence and preservation of the Sea-coasts , according to the Laws and Customes of Romney marsh ; ☜ as also to do and determine all things touching the premisses according to the Law and Custome of this Realm , and the Custome of Romeney Marsh aforesaid : And moreover to take such and so many diggers and labourers upon competent wages , in respect of the present necessity , as should be requisite for that work .

In 17 H. 6. Iohn Bamburgh , Richard Bruyn , Valentine Baret , Thomas Burges , and VVill . Garnet were appointed x x Pat. 17 H. 6. p. 1. m. 29 in dorso . in like manner to view the Banks &c. on the Sea coast , from Feyrhede to Hencle , then broken by the violence of the waves , and to take order for their repair ; proceeding therein according to the Laws and Customes of this Realm , and the Customes of Romeney Marsh : And to take Labourers upon competent salaryes , in respect of the great necessity , as aforesaid .

The next year following Richard VVakeherst , VVill . Bertyne , Thomas Betenham , Thomas Hordene , VValter Colepeper , and Iohn Derham , had y y Pat. 18 H. 6. p. 1. m. 7. in dorso . the like appointment for the Banks &c. betwixt Smalhithe , and a certain place called the Pendynge , and likewise betwixt Farnehille , and a Bank leading from Mayteham to Pendynge aforesaid , in the Parishes of Tenterden and Rolveldene : with power to make Statutes and Ordinances for the preservation of those places according to the Law and Custome of this Realm , and the Custome of Romney marsh : As also to take so many Diggers and Labourers , in respect of the instant necessity , as should be needful for that work .

In 28 H. 6. VVill . Kene Esquire , Iohn Bamburgh , Stephan Slegge , and others , were in like fort constituted Commissioners z z Pat. 28 ● . 6. p. 2. m. 22. in dorso . for the view and repair of those Banks &c. betwixt the Town of Redyng and Redehille ; thence to Huntebornebrigge ; thence to the up-land of Bregge , and thence to the said Town of Redyng , in the Parishes of Tenterden , Apuldre , and Wodechirche ; and to make Statutes and Ordinances &c. as abovesaid .

In 13 E. 4. Sir Iohn Fogge , Knight , Sir Will . Haute , Knight , Roger Brent , Iohn Fyneux , VVill . Brent , Iohn Nethirsole and Iohn Hert , were a a Pat. 13 E. 4. p. 2. m. 20. in dorso . in like manner appointed , for those Banks &c. betwixt Tenterdene and Lyde : as also to make Laws and Ordinances &c. as abovesaid .

In 14 E. 4. the King having received advertisement , that the Banks , Ditches &c. lying on the Sea-coast and Marshes betwixt Robertsbrigge in Sussex , and the Town of Romney in this County of Kent , were by the raging of the Sea and violence of the Tides , much broken and decayed , to the great damage of those parts ; and being therefore desirous that some speedy remedy should be used therein , did by his Letters b b Ex vet. membr . in bi●l . Colloni●na . Patents , bearing date at Westminster 16ᵒ Iulii , in the year abovesaid , constitute Sir Iohn Fogge , Sir William Haute , and Sir Iohn Gilford Knights , and Iohn Elryngton , Iohn Brumston , Henry Auger , Will . Belknap , and Robert Oxenbregge Esquires ; as also Bartholmew Bolney , Roger Brent , Iohn Fyneux , Vincent Fynche , Iohn Nethersole , and Iohn Hert , his Commissioners , giving power to any four , three , or two of them , whereof the said Bartholmew , Roger , Iohn Fyneux , Vincent Fynche , Iohn Nethersole and Iohn Hert to be one ; to take view of the said Banks &c. and to enquire upon the Oaths aswell of Knights as other honest and lawful men of the before-specified Counties , aswell within Liberties as without , by whom the truth in the premisses might be the better known , through whose default these damages had there hapned ; and who they were that had Lands and Tenements , or common of Pasture or Fishing in those Counties , or had or might have preservation and benefit any manner of way by those Banks &c. or losse for want of them ; aswell those that were remote as those that were neer to the danger ; and to distrain all such , according to the quantity of their Lands and Tenements , or number of Acres or Carucates , proportionable to what they held ; and so likewise for their common of pasture or fishing ; and , together with the Bayliff of the Liberties and other places of the Counties and parts aforesaid , for the repair of those Banks , Ditches , Gutters , and Sewers ; and to make them or some of them new , where need should require : And likewise for clensing the Trenches , and , if cause were , to stop them up ; so that no favour should be shew'd to any person whatsoever , rich or poor ; or of what state , degree , or dignity soever , who might have advantage by the said Banks , or detriment for want of them .

And moreover to make agistments upon the Sea-Ditches for the safeguard of those parts , according to the number of acres or perches ; and as often as it should be needful to renew them . And likewise to depute certain diligent and faithfull Guardians , for the preservation before mentioned ; and to hear the Accompt of the Collectors of moneys , which were to be levyed for that occasion , and for the repair of the said Banks , or obstruction of those Trenches : And that they the said Commissioners , or any four , three , or two of them , whereof the said Bartholmew , Roger , &c. to be one , to take distresses , either by themselves , or others whom they should think fit to depute for that purpose , for the arrerage of what ought to have been Collected , as often as need should be .

And also to make and ordain fit and necessary Statutes and Ordinances for the defence of the Sea-coasts and Marshes aforesaid , and the adjacent parts , according to the Laws and Customes of this Realm of England , and of Romeney Marsh. And to hear and determine all the premisses , aswell at the said King's sute , as the sute of any other whasoever , which should come in question before them , according to the Law and Custome of this Realm , and the Custome of Romeney Marsh aforesaid .

As also to take , and imploy in the said works and repairs as many Ditchers , and other workmen and labourers , as should be expedient for the works and repairs before mentioned , upon competent salaries to be paid to them in that behalf ; in regard of the great urgent and instant necessity for expedition therein .

Futrher requiring the said Commissioners , and any four , three , or two of them ; whereof the said Bartholmew , Roger &c. to be one , to accomplish the premisses in form aforesaid ; and whomsoever they should find , either negligent or refractory , in making their proportionable repairs belonging to them , to compell them thereto by distresses and amerciaments , and such other wayes and means , as they should deem most expedient , to the end the said defects might be suddainly made good . And to cause whatsoever they should ordain and determine therein to be firmly observed ; acting therein as to Justice appertained , and according to the Law and Custome aforesaid : Saving to the said King all amerciaments , and other things herein to him belonging .

Whereupon afterwards , viz. on the tenth day of April , in the xviijth year of the reign of the same King , the said Justices were informed ; that all the Lands and fresh Marshes , lying within the subsequent limits ; viz. betwixt the Marsh called Cowelese , towards the North ; the lands in the Ree , leading from the said Marsh to the place call'd Lynkehoke , neer Romeney , towards the East ; the way leading from the said place called Lynkehoke , by the inside of the Bank at Lyde ; and through the midst of the high street of that town , to Pigwell , and a place call'd the Holmestone , lying without the Bank called Wikewall ; the Land of Promhill , situate without the Banks called Simondes Wall and Kent Wall , and the gulf of salt water , running from the Camer unto the said Marsh called Cowelese towards the West ; excepting the Marshes called the Kete , Denecourt mershe , and Bourghser's mershe , and other Marshes then lately taken in by the before-specified Iohn Elryngton and Richard Gilford Esquires , with the Banks belonging to them , were dayly subject to the danger of inundation by the Sea and salt water , for default of repair and support of the Banks of the Marshes , called Estmersh and Becard , and of divers other Marshes , which lying within those limits ( except before excepted ) served for the defence and safeguard of the same Land and Marsh , from the peril of the Sea , and inundation of the salt water ; were , through the violence of the tides ; and overflowings of the fresh waters , running to the Sea , broken in many places ; so that inestimable losses would very likely happen in a short time , unlesse a speedy remedy were taken .

By reason whereof , by virtue of the said Letters Patents , the Shireeve was commanded , that he should not neglect for any Liberty , but cause xxiiij aswell Knights as other honest and lawful men of this County , by whom the truth might be the better known , to come before the said Justices at Apuldore , in the said County , on the Thursday before the Feast of the holy Trinity , then next ensuing , to enquire and make certificate to the said Justices concerning the Premisses , and touching other Articles and circumstances specified in the said Letters Patents ; and lastly to do and receive what should be enjoyned them on the said King's behalf .

At which day came before the said Iohn Fogge , Iohn Scotte , Will . Haute , Iohn Elryngton , Iohn Brumstone , and Iohn Nethersole ( six of the before-specified Justices , at Apuldore aforesaid ) William Brent , who prosecuted for the King in this businesse . And Richard Haute , then Shireeve of Kent , made return of the said Precept to him directed , executed ; together with two several Panells affixed thereto , containing the names of the Jurors , to enquire in form aforesaid : All which being performed , as of right it should be , Robert Godfrey , Thomas Ieffe , Will . Hikke , and others of the first Panell , made their appearance ; and being severally sworn , as is evident by those Panells , and charged to enqui●e of the premisses ; and not being agreed on their Verdicts , did severally request a farther day for the delivery up thereof , to the intent they might in the mean time make more diligent enquiry of the premisses , and then present the same before the said Justices . All which upon that their desire , and by the assent of the before-specified VVill . Brent , then the said Kings Attorney in this businesse , was granted : and thereupon a day was given to the said Jurors to come before the said Justices , at Lyde , in this County , upon the Friday then next following . And the said Jurors were then advertised , that they should in that interim enquire diligently of the premisses , and then to appear severally to deliver their Verdict ; each man upon the penalty of xls.

Upon which Friday , the said Sir Iohn Fogge , and the other Justices last mentioned , did all of them personally go to the said Land and Marsh , to take view of the Banks , lying within the before-specified limits , touching the danger whereof the said Justices had received information , as aforesaid : And then and there the Bayliff and divers of the Jurats of Romeney Marsh , mentioned in the said Letters Patent , as also other discreet persons ( to apply a fit and proper remedy for avoiding this danger and losse ) being expert men in the Statutes , Ordinances and Customes of the said Marsh ; as also very many others , who had and might have by those Banks safeguard and defence for their Lands , within the said bounds ( except before excepted ) and then and there , in their presence , did take deliberate and diligent view of all those Lands and Marshes , aswell at a distance as neerest to the danger ; and likewise of all the Banks , and whatsoever else was necessary for the safeguard and preservation of those Lands and Marshes ; and did then desire of the before-mentioned Bayliff and Jurats of the said Marsh of Romney , and of the other discreet and expert men , advice and counsel for applying a fit and speedy remedy in this behalf .

And afterwards on the before-specified Friday , at Lyde aforesaid , came the said Will . Brent ( who then prosecuted for the King in this businesse ) before the said Sir Iohn Fogge , and the rest of his said fellow Justices before named : And aswell the said Jurors of the first panell , as those of the second , being impanelled in form aforesaid , as also sworn and chardged to enquire of the premisses , came , and severally said upon their Oaths ; that in the said Lands and Marshes within those limits before mentioned , except before excepted , the wall of the Marsh of the Becard , called Becard Wall , leading from the Marsh called the Kete unto the Marsh of Estmarsh : And also the Bank of the said Marsh , called Estmarsh Wall , leading to the Ree Wall , were defective and stood in need of repair , for resisting the Sea and salt water : And if that the salt water of the Sea , should enter on any part of the said Banks , or in any place from thence to Holmystone aforesaid ( which is at the East part of the Bank , called Newe Wall , lying betwixt the Sea and the Land of Promhill aforesaid ) and that a resistance thereof could not be easily made , all the Lands and Marshes before mentioned , situate within the precincts before-specified , except before excepted , touching the danger whereof information was given , in form aforesaid , unto the said Justices , would be in a very short time overflowed with the salt water , to an inestimable damage .

And the said Jurors did likewise severally expresse , that it would be proper for the safeguard and defence of all those Lands and Marshes ( except before excepted ) called Becard Wall , and Estmarsh Wall , to be sufficiently repaired as soon as conveniently could be , and continually sustained against the violence of the Sea , Storms , and Tides , lest the salt water should get in at any of them , and thereby all these Lands and Marshes ( except before excepted ) be drowned . And they farther said , that it would be very expedient , that the said Bank called Newe Wall , which is without the said Banks called Kent Wall and Simonds Wall , and within the bounds aforesaid ( except before excepted ) should be sufficiently repaired as soon as might be , to withstand the rage of the Sea , storms , and Tides , for the defence of the said Banks called Kent Wall and Simondes Wall ; and afterwards continually maintained for prevention of the peril of the Seas inundation , whereunto those Lands and Marshes were subject .

And likewise the said Jurors , in form aforesaid sworn , and severally chardged , did say upon their Oaths ; that it seemed to them expedient , that the Lands and Marshes , called Cheyncourt , Seynt Thomas Innyng and White kempe , which were within those precincts and lyable to the said danger , should be drayned by one Sewer in the Land of Thomas then Archb. of Canterbury , at Rounde mershe , running into the Sea where the Gutter then was ; and that there should be made in that place Sluces and Gutters , fit and proper for that purpose : And that there should also be Bayliffs , Jurats , and other Officers , within the said limits ( except before excepted ) for the view and conservation of the Marish grounds and Banks within those bounds , except before excepted . And that there should be had for every Sea-bank there , a common Forland , as before that time had been used , upon which such carriages as should be necessary for the repair , maintenance , or making of those Walls , might , without impediment be made .

And likewise the said Jurors , being in form aforesaid sworn , did severally say ; that the Land-holders in the said Marsh , called the Becard , who ought to pay and contribute to the repair and maintenance of the Banks within those limits , except before excepted , had not any way , by which they might go , ride , or drive to that Marsh nor from it , except over other mens Lands , or upon the Banks or Forland leading thence to and from the said Marsh. And they said , that according to the Custome of the Marsh-law there , in all such cases before that time used , the Tenants of that Land , at their pleasure , might go , ride , and drive to and fro to the said Marsh , and from the said Marsh , over and upon the Forland of the Banks leading to the said Marsh and from the same . And as to the number of Acres , or partition of the Lands and Marshes &c. , within those limits ( except before excepted ) or of the certainty of the Land-holders , and how much land every such Tenant had or held of the said Lands and Marshes , within the said limits ( except before excepted ) the said Jurors did severally present the certainty thereupon , according to the form , and as it was contained in the Books of Sewers within those limits ( except before excepted ) then exhibited before the said Justices .

And thereupon the said Iohn Fogge , Iohn Scotte , and others to the number of eight of the said Justices , forasmuch as upon their said view and inquisitions aforesaid made and taken , in form aforesaid , it evidently appeared to them ; that the said Lands and Marshes within those limits ( except before excepted ) were lyable to the danger of drowning by default in rep●ir and maintenance of those Banks ; whereupon in short time inestimable damage might accrue , unless a fitting remedy in that behalf were the sooner had : and that all the Lands and Marshes within those limits ( except before excepted ) might very well be preserved and defended , by the repair and support of those Banks , and by the making of Sewers , Ditches and Gutters in those Marshes , from the danger of the Sea , and the flouds of fresh waters , to the great commodity of all the Landholders within those precincts ( except before excepted : ) and that in default of such repair and support of those Banks and every of them , all the lands and Marshes , those excepted as aforesaid , would be in peril of the Sea , and easily overwhelmed , to the inestimable losse of all the Landholders there ; whereby all those Tenants , except before excepted , ought equally to contribute to the cost and chardge of such repair and maintenance , for the safeguard and defence of their lands and Marshes there , from this peril and inundation ; viz. every one of them according to the proportion of what he held , as his number of Acres and Perches of land , there , as in the said Marsh of Romeney , according to the Ordinances , Statutes and Customes thereof , had and to that time used , in the like case there had wont and ought to be done .

Considering besides , that the said lands and Marshes , ☜ lying within those limits ( except before excepted ) were never before setled under any certain and fit Statutes or Ordinances , by any Authority , for their secure defence and preservation : And moreover , forasmuch as the said King , desiring seasonably to provide for the safeguard of this his Realm , and chiefly for those parts upon the Sea-coasts , in his Parliament held at Westminster the sixth of October in the xijth year of his reign , and by divers prorogations continued till the first day of May in the xiiijth year thereof , by the assent of the Lords Spiritual and Temporal , sitting in the said Parliament , at the Petition of the Commonalty of this his Realm , then and there exhibited to him , amongst other things ; ordained and constituted , that several Commissions of Sewers , should be issued out to sundry persons by the Chancelour of England for the time being , throughout all the parts of this Realm , where need should require , according to the form of a certain Commission in a Statute made in the Parliament of Henry the sixth ( in Deed but not in Right King of England ) held at Westminster in the sixth year of his reign : And that the said Commissioners should have full Power and Authority , to make , ordain and constitute Statutes and Ordinances ; and to perform all other things according to the power and eff●ct of those Commissions , as in the said Statute of the said xijth year published , is more fully contained . Whereupon the said King issued out his Letters Patents to the before-specified Sir Iohn Fogge and the rest of the Justices before-mentioned , in form aforesaid ; the tenor of which Petitions and answers thereto ; and of the Statutes , Ordinances and Customes of the said Romeney Marsh , were contained in a certain Roll annexed thereunto .

Having also regard to the publick advantage and common profit , aswell by virtue and authority of the said Statute , published in the said xijth year , as of the said Letters Patents , as aforesaid , hereupon made to the before-specified Justices , in form aforesaid , and other premisses , that it would seem just and equal to them in this behalf , and most consonant to reason , to establish and ordain what should be most proper for the avoiding of the perils and damages abovesaid ; calling together such as the businesse concerned , for the perpetual safeguard and preservation of the said lands and Marshes , within those limits , except before excepted ; by the assent aswell of all those Jurors of the Enquest aforesaid , appearing before the said Justices , who had lands within the limits aforesaid , lyable to the said danger , to be preserved in form aforesaid ; as also of very many Lords of Fees and other Land-holders there being , on the said Friday , at Lyde aforesaid , in pursuance of the said King's Royal purpose , for more advantage and lesse detriment , the said Justices , did provide , make , and publish certain proper and commodious Statutes and Ordinances for the King's people ; and especially for all the Land-holders in those grounds and Marshes , within the said limits , except before excepted , not favouring any person therein ; to endure and be observed for ever as followeth .

First it was decreed and ordained by the said Iustices , The Statutes and Ordinances of Sir Iohn Fogge , Knight , and his Fellow Justices . with the consent aforesaid ; that thenceforth and for ever , there should be , within the Lands and Marshes aforesaid , within the limits aforesaid ( except before excepted ) two Bayliffs , twenty four Iurats , two Collectors , and two Expenditors , of the Land-holders within those limits ( except before excepted ) for the preservation , safeguard , and defence of the said Lands and Marshes ( except before excepted ) and of the Banks belonging thereto : By the consideration of which said xxiiij Iurats , ten or eight of them at least , the said Lands and Marshes ( except before excepted ) ought to be governed , kept , defended , and preserved from the peril of the Sea , and inundation of the fresh maters , by Banks , Water-courses , and other necessary means . And for execution of that their Statute and Ordinance in this behalf , the said Iustices , by the said assent , upon the said Friday , at Lyde aforesaid , did nominate , choose , ordain , and constitute , of the Land-holders , within those limits ( except before excepted ) Henry Bate , and Simon Godard Bayliffs ; Andrew Bate , John a Bregges , and others , Iurats ; Peter Fermour , and Will. Aleyn , Collectors ; and Stephan Lovecock , and John Inglet , Expenditors , of and in those Lands and Marshes , except before excepted , for the preservation , safeguard , and defense of those Lands and Marshes ( except before excepted ) and the Banks thereof . And the said Bayliffs , xxiiij Iurats , Collectors and Expenditors , so named , chosen , ordained and constituted , personally and severally before the said Iustices , upon the same Friday at Lyde aforesaid , did take their Oaths , and were chardged , viz. every of them to his Office , and to all which thereto pertained or should pertain in that businesse , to do , exercise and perform well and faitfully ; that is to say , the said Bayliffs , according to the form and effect of the Oath of the Bayliffs , whereof mention is hereafter made ; and the before-specified xxiiij Iurats , according to the form and effect of the Oath of the Iurors , afterwards also recited ; and the said Collectors , according to the form and effect of the Oath of the Collectors , afterwards likewise noted ; and the said Expenditors , according to the form and effect of the Oath of the Expenditors , in like sort hereafter specified .

Also forasmuch as it did evidently appear to the said Iustices , by the view and Inquisitions aforesaid , made and taken in form aforesaid ; that the said Banks , called Symondes Wall and Kent Wall ; and also the said Banks of those Marshes , called Est mersh aad Becard , within the limits aforesaid , were defective , and broken in divers parts , to the great peril of inundation , thereby like to befall all the said Lands and Marshes , within the limits aforesaid ( except before excepted ) unlesse a speedy remedy were applyed ; it was ordained and decreed , by the consent aforesaid , that the said Banks , should be sufficiently repaired and new made with all possible haste , and so repaired and made new , to be kept and continually maintained for the defence and safeguard of the said Lands and Marshes , within the limits aforesaid , except before excepted .

And as to the reparation and renewing of the said Banks , called Symondes Wall , and Kent Walle , to be forthwith , for the present , made ; it was upon certain reasonable considerations moving the said Iustices , decreed and ordained , by the consent aforesaid ; that every person having Land within the said Banks called Symondeswalle , and Kent Walle , and the Bank called Goneswalle , within the limits aforesaid , for every acre of his Land there : And likewise every one having Lands in the Marsh called Ockolt , within those limits , for every Acre of his Land there , should pay two pence more than any other Land-holder within the Marshes aforesaid , except before excepted , should pay for one acre there , to the assessing of the Tax , for the instant repair and new making of those Banks , called Kent Walle , and Symondes Walle : And then afterwards for ever , according to the Ordinances and Statutes of Romeney marsh aforesaid , all the Land-holders , within the Lands and Marshes aforesaid ( except before excepted ) for the time being , equally to contribute , to the repair , maintenance and custody of all the Banks of those Lands and Marshes , within the said limits ( except before excepted ) for the repairing , sustaining , and making what should be for the defence and safeguard thereof ; viz. every of the said Tenants according to the proportion of his tenure , and number of his Acres and Perches there : And that the reparations , scowring , and making , of all the Sewers , Ditches , Water-gangs , Gutters , and Bridges in the said Lands and Marshes , within the limits aforesaid ( except before excepted ) then being , or to be made for the safeguard and defence of the same , should be done at the chardge and expenses of such , as antiently they had wont to be .

Also it was ordained and decreed , that it should be lawful for the Bayliffs , Iurats , Collectors , and Expenditors of the Lands and Marshes aforesaid , within the limits aforesaid ( except before excepted ) for the time being , and for every of them ; and to all Labourers and Workmen imployed about any work to be done for defence and preservation of those Marshes ( except before excepted ) to go , ride , drive , and carry upon and over the Land called the inner Forland and outer Forland of every Bank witin those precincts ( except before excepted ) or the Land lying neerest to that Bank ; and in other places wheresoever within those limits ( except before excepted ) where it should seem good to the said Bayliffs and ten or eight of the Iurats aforesaid , to do and perform such things , which do or should belong to their Offices , or to do that work in such sort , as in the like case had wont to be done in Romeney Marsh ; and as it should be expedient to be done for the putting the Statutes and Ordinances in execution , which had been or should be made by said Iustices .

And if it should happen , that any Land-holder , within those Lands and Marshes ( except before excepted ) who ought to contribute to the premisses , for his Lands therein , in form aforesaid , to be deprived or hindred of any way , to go , ride , drive , or carry to his Lands there , or other Lands adjoyning , by reason of the inundation of salt water , or the raising of any Bank , or other thing for the defence and safeguard aforesaid , there made , or to be made ; or so to be stopped or prevented , that he could make use of the said way ; and having no other passage either to go , ride , drive or carry , in form aforesaid ; it should be lawful to him for the future , during the time of such his hinderance , to go , ride , drive and carry upon and over the Land called the inner Forland adjoyning to the Bank , or Banks , wheresoever in the said Lands and Marshes , within the before-mentioned limits ( except before excepted ) where he should think most meet , to go , ride , carry , and drive to his Land there , or to his adjacent Land ; and over the said Bank or Banks , overthwart them , to such his Land , without the impediment of any person whatsoever ; repairing and maintaining at his own proper chardges the said Bank or Banks sufficiently , in that part , where he the said Land-holder should so happen to go , ride , drive , or carry .

Also it was decreed and ordained ; that twice every year , for ever , there should be held a principal and general Last , within the said Land and Marsh , except before excepted , by the said xxiiij Iurats for the time being , or ten or eight of them at the least , viz. once within the xv me of Easter , and again within the xv me of S. Michael the Arch-Angel , at Brokland , or in another place within the precinct of those Lands and Marshes , except before excepted , to be summoned and appointed by the Bayliffs aforesaid , for the time being : and that other several Lasts should be there held , when and as often as there might be occasion , by the summons of their Bayliffs .

The manner of choosing the Bayliff .

Likewise it was decreed and ordained , that the said Iurats , Collectors and Expenditors , chosen , constituted and directed , as aforesaid , should be Bayliffs , Iurats , Collectors , and Expenditors , in form aforesaid : And that if , and as often as any of the Bayliffs , xxiiij Iurats , Collectors or Expenditors , of and in the said Lands and Marshes , within the before-mentioned limits ( except before excepted ) for the time being , should decease , or be removed from his Office ; that then in the room of the said Bayliff so deceasing , or removing , another of the Landholders and residents within those Lands and Marshes ( except before excepted ) to be chosen and constituted by the common assent of the Lords of the Fees , having authority there for that time , or by their Attornies . And where the greater number of them should consent , the said election to stand in the said principal and general Last , to be held in form aforesaid ; unlesse upon necessity or cause reasonable , any of those Bayliffs , for the time being , should sooner , within the same year , be removed ; and that it were expedient , before the said principal and general Last ought to be held in form aforesaid , that another were put in his place ; and that then an election be made of a Bayliff , in form aforesaid , in any other Last , as aforesaid to be held . So likewise in the stead of any of the said xxiiij Iurats , Collectors , and Expenditors , so deceasing , or removed from his Office , as aforesaid , another of the said Land-holders and residents to be chosen and constituted ; so that the said election be made , by the said Lords of the Fees and Bayliffs , and ten or eight of the Iurats aforesaid , out of the most trusty , discreet and wealthy Land-holders , within those Lands and Marshes , except before excepted .

The Penalty of the Bayliff elected , not consenting thereto .

Also it was decreed and ordained , that if the Bayliff so chosen should be present , and would not undergo and take upon him the said Office , or should refuse to take his Oath in that behalf ; that for such his refusall he should be amerced in xls. to be levyed of his Goods , and Catalls , ☜ Lands , and Tenements , wheresoever they should be within the County of Kent , to the common benefit , reparation , and maintenance , as aforesaid , and other things to be performed by the said Bayliffs : and then that forthwith there be a new election of a Bayliff made in the said Last , in form aforesaid , instead of him that so refused ; who should take his Oath in manner before specified , and undergo the Office .

How those that are absent in the general or principal Last ought to be amerced .

Also it was decreed and ordained , that if any one of the said xxiiij Iurats should make default in any such general and principal Last , to be held in form aforesaid , unlesse he had a reasonable and allowable excuse , he should be amerced in xijd. to the common profit aforesaid , to be levyed by the before-specified Bayliffs .

The penalty of the Collectors , Jurors , and Expenditors not submitting to their election .

Also it was farther decreed and ordained , that if any one , being of the before-mentioned xxiiij Iurats , Collectors , or Expenditors , in form afore●aid , who did refuse to accept of the said Office , and to take his Oath on that behalf , he should be amerced in xxs. to be imployed to the benefit aforesaid , and to be levyed by the said Bayliffs ; and forthwith another made choice of in his stead , in form aforesaid . And if the said Iurats should be summoned within those limits ( except before excepted ) to be at the said several or special Last , to be held in form aforesaid ; where at the least eight or ten did not come , so that such Iudgements and Decrees , for the safeguard of the said Lands and Marshes ( except before excepted ) could not be made , for want of a greater number of the said Iurats so absent , that then every one of the said Iurats , so absent , to be amerced in vid. to the common benefit aforesaid , to be levyed and expended by the Bayliffs of those Marshes : Of which said amerciaments , and other the like above specified , the said Bayliffs to make accompt for , in the said principal Last in form aforesaid .

The receiving of double , by the Bayliff .

Also it was decreed and ordained , that the said Bayliffs for the time being , should have for their pains , the doubles so to be levyed ; which did happen to be assessed and gathered in their times , to be equally divided amongst them .

The penalty of hindring the Bayliffs , so that they dare not exercise their Offices .

Also it was decreed and ordained , that if the before-specified Bayliffs , chosen as aforesaid , or to be hereafter chosen , were hindred by any , so that they being elected , durst not undergo and exercise that office● that then such hinderers to be severally punished by the Electors of the said Bayliffs , in such sort as any of the said Bayliffs elected should be punished , in case he refused to take his Oath and undergo that Office .

In what sort he that is absent , and chosen Bayliff , ought to be compelled to receive his Office .

Also it was decreed and ordained , that if it should happen that either the persons chosen , or to be chosen Bayliffs , in form aforesaid , to be absent at the time of such their election , that the parties so chosen should be forthwith distrained , by the said Iurats for the time being , or some of them , by all their Goods and Catalls , which ought to be impounded in certain places for that purpose to be assigned ; and there detained , untill they did repair to the Archbishop of Canterbury , the Prior of Christs-Church in Canterbury , or the Abbot of Robertsbrigge , for the time being , or some one of them , and accept of the said Office , and take their Oaths thereupon ; and upon this did bring the Letters of the said Archbishop , Prior , and Abbot , or one of them , sealed , unto the preceding Bayliffs ; or the said Bayliffs being dead , then unto two of the said xxiiij Iurats ; and this within six dayes next after the said distresse so taken : otherwise to be punished , as is before expressed of the said Bayliffs so refusing ; and then to be a new election at some other Last there to he held .

In what sort the Collectors and Expenditors should render an Accompt of their Receipts .

It was also decreed and ordained , that at both of the said principal and general Lasts , yearly , all the Collectors of all the precedent general assessments , within the limits aforesaid , except before excepted ; and the Expenditors of whom mention is before made , should make their Accompt before the Lords of the Fees above-specified , or their Attornies , in case they be present ; and before the the said Bayliffs ; and those of the said I●rats and Commonalty , of the said Lands and Marshes , within the precincts aforesaid ( except before excepted ) and the said Accompt to be made in writing , by Indenture betwixt them and the said Bayliffs , Iurats , and Commonalty : And in like manner at either of the said principal and general Lasts , there should be yearly made an Accompt of the Bayliffs aforesaid , before the said Lords of the Fees or their Attornies , if they would be present thereat , and before those of the Iurats and Commonalty as would also be there present ; viz. of those things whereof it should happen , or concern the said Bayliffs to make Accompt ; that is to say , to be made by Indentures betwixt them the said Bayliffs , and the said Iurats & Commonality .

The Oath of the xxiiij Jurats .

It was likewise decreed and ordained , that every one of the said xxiiij Iurats , to be elected in form aforesaid , should swear ; that he , together with his Fellows , would make right Iudgements , Decrees , and Awards ; not favouring any rich or poor , aswell for making distresses , and assessing of Taxes , as of the Banks , Land waters , Water-courses , Sewers , Ditches , Gutters and Bridges , to be made , repaired and maintained , or taken away ; and of all other impediments whatsoever within those limits , which should happen to be removed ; and for punishing offenders . And it was farther ordained , that the said xxiiij Iurats should make , exercise and perform ; and have full power and authority in making , exercising and performing , all and singular the things specified in the said Oath , to be by them done , exercised and performed .

That the xxiiij Jurats be observant to the Bayliff .

Also it was decreed and ordained , that the said Iurats , or three or two of them , should attend the Bayliffs for the valuing and selling in places accustomed , or that should be thereafter assigned for that purpose , the distresses taken , and impounded for three dayes at the most : and that they should cause to be enrouled all Iudgements , Decrees , and Awards , by them made ; and cause Indentures thereupon to be made betwixt themselves and the said Bayliffs , for the time being .

The Oath of the Collectors and Expenditors .

It was also decreed and ordained , that the Collectors and Expenditors , to be chosen as aforesaid , should swear , that they would faithfully levy , collect , expend and Account , in form aforesaid , for all Taxes assessed , or to be assessed before the said Lords of the Fees , and by the said Bayliffs , and ten , or eight at the least , of the Iurats aforesaid , according to their Ordinance : And the like observance to be made in all Sewers within the before-specified limits ( except before excepted ) before the Lords of the Fees , touching every such Sewer , if they would be present thereat . And it was ordained and decreed , that the said Collectors and Expenditors should make , exercise , and perform ; and have full authority and power of making , exercising and performing all and singular the things specified in this Oath to be done , exercised and performed .

The Oath of the Bayliffs , and executions to be made by them .

It was also decreed and ordained , that the said Bayliffs , chosen or to be chosen as aforesaid , should swear to make faithfull execution of the Iudgements and Determinations of the said xxiiij Iurats , ten or eight of them ; and of those things which did or should belong to them to judge , determine and award . And that the said Bayliffs , in their proper persons , should chardge all the Collectors , aswell of the general Assessment , as of the several ( as aforesaid ) upon their Oaths , that they should faithfully levy , collect , expend , and accompt for the same . And that the same Bayliffs , in their proper persons , should take view of all the Banks , Water-gangs , Sewers , Gutters , and Bridges , within the before-specified limits , except before excepted , as often as need required , at least twice in the year ; viz. once in the moneth of January , and again in the moneth of May. And that they , at the going out of their Office , should deliver unto their successors all the evidences in their custody ; that is to say , the Charters of the Kings of England , if they had any such in their hands ; the Ordinances and Statutes of the Lands and Marshes within those limits before-specified ( except before excepted ; ) the Copies , or Exscripts of the said Statutes and Ordinances ; the Roules of Iudgements , Considerations , Decrees , and Awards of the said xxiiij Iurats , ten or eight of them ; and the Rents , with all the processe of Accompts of the Bayliffs , Collectors , and Expenditors whatsoever , had in their time . And it was also decreed and ordained , that the same Bayliffs should do , exercise , and perform , and have full power and authority of doing , exercising and performing all and singular the things specified in this Oath , which were for them to be done , exercised or performed .

That Damms or Fords be not made .

It was likewise decreed and ordained ; that it should not be lawful to any one , for the future , in the said Lands and Marshes , within the limits aforesaid ( except before excepted ) to make Dams , or other impediments in any Lands , or Land-eas , Water-gangs , Ditches , or common Gutters there , whereby the common course of the waters might in any sort be hindered , or any publick damage grow there : and if any such thing were done , and the same witnessed by the said Bayliffs , and six of the said xxiiij Iurats , the party delinquent be amerc'd , and the amerciament levyed by the said Bayliffs , to the common profit aforesaid . And moreover , if any other than the Commonalty of those Lands and Marshes , within the said limits , except before excepted , did receive prejudice therein , he should make satisfaction to the party wronged , at the discretion of the said Bayliff and six Iurats aforesaid .

That the Taxes Assessed be proclamed .

It was also decreed and ordained , that every Tax assessed in the said lands and Mar - within those limits , except before excepted , be publickly proclamed in certain places there : and that the dayes and place of payment be thereupon assigned and proclamed , to the end that ignorance may excuse none , when and where , within the precincts aforesaid those Taxes ought so to be paid .

The buying of Acres .

It was also decreed and ordained ; that every Acre in the said Lands and Marshes , within the limits aforesaid ( except before excepted ) being necessary for the Banks , in-Ditches , and Water-gangs to be therein made , should be bought for xls. and measured by a rod of twenty foot : And that if before that present Friday , any Bank called a See Wall , should be raised within those Lands and Marshes ( except before excepted ) upon , or of , any mans land there ; or that any Forland , or in-ditch should be made for the defence and safeguard of the said Lands and Marshes ( except before excepted ) from the peril of the Sea ; and that it were fit or expedient , that the said Bank , Forland , or in-ditch , for this defence and safeguard , to be longer maintained and kept , so that the Land-holde● upon whose ground that Bank was raised , or where the said Forland or in-ditch were made , could not occupy the said Land , and receive his peculiar profit thereof ; and that such Tenant had never any satisfaction for the said Land ; it was decreed and ordained , by the consent abovesaid , that the same Bank , Forland , and in-ditch should be raised and kept in form aforesaid , as long as it should be meet so to be done for the safeguard & defence aforesaid : And that for every acre , of the common measure , xls. as aforesaid , be paid to the Tenant of the said land , where the same Bank , Forland , or in-ditch was so placed .

And if it should happen so hereafter , that there were any other defence , on the out-side the said Bank and Forland , by the casting up of the Sea , or otherwise , to be made , for the avoiding the danger of the Sea ; so that thenceforth there were no need of maintaining any such Bank , Forland , or in-ditch ; nor longer keeping thereof in form aforesaid ; it should then be lawful for the said Land-holder and his Heirs to repossesse his said Land again , and use it as he pleased , paying to the Bayliffs aforesaid , for the publick commodity , asmuch as ought to be paid to the said Tenant for the same Land , in form aforesaid . And in like manner to be done concerning the Land upon which or where any Bank , Forland or in-ditch , by virtue of the Statutes and Ordinances aforesaid , within those limits , should happen to be made , in form aforesaid to be avoided . And that it should not be lawful for any man to take away to his own peculiar work , or any other place , any workmen imployed in the publick work , for the safeguard of the said Lands and Marshes , except before excepted , before such time as the said publick work were compleated : And if it hapned that any person were convicted hereupon , by the testimony of the said Bayliffs , and six of the said Iurats , that he be amerced in the common Last in x ˢ , which money to be levyed forthwith by the said Bayliffs , to the common utility aforesaid .

Likewise it was decreed and ordained ; that all the Sewers in the said Lands and Marshes , within the limits aforesaid , except before excepted , should be so kept in every place , that the water might not run out of it's right course there , to the damage of any one , upon penalty of the quantity of the offence ; to be levyed by the said Bayliffs to the common benefit , as often as any one should in the principal and general Last , be convicted thereof , by the testimony of the said Bayliffs , and six of the said xxiiij Iurats .

And it was also decreed and ordained ; that the Bayliffs , Iurats , Collectors , and Expenditors of the said Lands and Marshes , within the before-specified limits ( except before excepted ) should , for the time being , do and execute , and have full authority and power of doing and executing , within the said Lands and Marshes ( except before excepted ) viz. in the premisses and all other things , for the continuall conservation , defence , and safe custody of those Lands and Marshes ( except before excepted ) and of the said Banks , and other things , fit and profitable for the defence , safeguard and custody thereof ; viz. in making orders and doing other things in the Lasts aforesaid ; in laying of Taxes and Lots , and the taxing and levying of them , their Wanes , and double taking of distresses ; detaining , prizing and selling thereof ; choice and removal of all Officers ; as also of imposing of penalties and punishments ; and of all other things necessary and profitable for the safeguard and defence of the said Lands , Marshes and Banks ( except before excepted ) and of all other things proper for those safeguards and defences ; viz. according to the form of the Ordinances and Statutes aforesaid ; and in such sort , as according to the form of the before-mentioned Statutes , Ordinances , and Customes of the said Romeney marsh , and the Concessions for the preservation , defence , and safe custody of the said Marsh of Romeney , had used there to be done ; no Custome , by any person formerly introduced , notwithstanding .

Provided alwayes , that if hereafter , at any principal and general Last , within the limits aforesaid , in form aforesaid , it should seem more expedient to the Lords of the Fees , within those limits ( except before excepted ) for the time being , or the greater part of the Lords of the Fees , to have one Bayliff , than two , of and in the said Lands and Marshes ( except before excepted ) to do and exercise all things there according to the form and effect of the Oath and chardge of the Bayliffs above specified ; that then it should be performed in that behalf , as it should happen to be ordained and decreed by the said Lords of the Fees , or the major part of them . And in like sort , if thenceforth it should seem more expedient to the said Lords of the Fees , or the greater part of them , and to the said Iurats , or the major part of them , to have fewer Iurats than xxiiij , or one Collector , and not two ; or one Expenditor , and not two , of and in the Lands and Marshes , within the limits aforesaid ( except before excepted ) to do , exercise and perform in the premisses , according to the form and effect in the Oaths of the said Iurats , Collectors , and Expenditors specified ; that then thereupon it should be so done on that behalf , in such sort by the said Lords of the Fees , or the major part of them , and the said Iurats , or the major part of them , as should happen to be ordained , done , or decreed , any thing in the premisses notwithstanding .

The Penalty of making rescue from the Bayliffs , xxiiij . Jurats , or any of the Officers aforesaid .

It was likewise decreed and ordayned ; that if any person should make rescue , or give resistance to any such Bayliff , Iurat , Collector , or Expenditor , of any distresses whatsoever taken or to be taken ; or any other things , to be done or executed by them or any of them , through pretext of the Ordinances and Statutes aforesaid , or any of the premisses : and that thereupon the party were convicted by the testimony of the said Bayliff and six or eight of the said Iurats or Dike-Reeves , where any such distress should happen to be taken ; he should be punished by an amerciament of xs. of his goods and Catalls , Lands and Tenements , by the Bayliffs aforesaid , to be levyed for the common profit aforesaid .

And it was farther decreed and ordayned ; that no Shireeve , nor any of the King's Officers , should make Replevin of any distresses taken by the Bayliffs of the said Lands and Marshes , within the limits aforesaid ( except before excepted ) which should be for that time , for any thing contained in the said Statutes and Ordinances , taken or to be taken : nor any of the said King's Officers to arrest any one within those limits ( except before excepted ) being then in the publick work .

And lastly it was decreed and ordained ; that if and when any Tax should be assessed by the said Iurats , ten , or eight of them , in any principal , special , or several Last , within the limits aforesaid , ( except before excepted ) by reason of the premisses ; and proclamed in form aforesaid : and that at the day and place of payment , thereupon limitted and assigned , any part of the said Tax were unpaid to the said Collectors ; that then the said Bayliffs , for the time being , should lay out of their own proper moneys , ☞ so much as the part so being in arear , called Wanys , might amount unto , for the common profit aforesaid : And the said Bayliffs , aswell for the said parcell , so in arear , called Wanys , as for the double thereof , to distrain in all the Lands and Tenements of him or them , who ought to pay the same , by all their goods and Catalls ; and the distresses so taken to keep for three days , or more . And if the said part so being in arear , called UUanys , together with the double thereof , should not be paid within the said three days ; that then the goods and Catalls so distrained , by two or one of the Iurats aforesaid , to be sold in some place within the said limits ( except before excepted ) thereunto assigned : and the said part so in arear , called UUanys , together with the double thereof , out of the money arising of the said goods and Catalls so sold , to be delivered to the same Bayliffs to their own use .

And having now done with these Laws and Ordinances for those Marshes before-specified , I shall say no more concerning this part of Kent , but that in 19 E. 4. the King by his Letters Patents , c c Pat. 19 E. 4. p. unica . m. 22. in dorso . dated at Oburne 17ᵒ Iunii , directed to Thomas Archbishop of Canterbury , Cardinal of England ; Will. Prior of Christ-Church in Canterbury ; Richard Prior of Hortone ; Robert Prior of Bilsyngtone ; William , Master of God's house in Dovor ; Sir Iohn Fogge ; Sir William Haute ; Sir Iohn Scotte Knights . Will . Cheyne , Iohn Broomston , Hen. Hoorne , Gervase Hoorne , Iohn Fyneux , Vincent Fynche , Rog. Brent , Wil. Brent , & Iohn Nethersole , constituted them Commissioners for the view and repair of the Banks &c. from Appuldoure to Cawmbury ; and from Cawmbury to Fulstone , then ruinous by the violence of the Sea : and to make Laws and Ordinances for the same , according to the Laws and Customes of Romeney marsh . And lastly to take so many Diggers and other Labourers to be imployed therein , upon competent salaryes , as should be thought requisite , in respect of the urgent and instant necessity of the work .

CAP. XIII .

I Now come to the remanent Marshes in this County , which are those that border on the River Thameo : Concerning which , the first mention that I find , is in 8 E. 2. Iohn Abel , and Iohn de Hortone , being then , by the Kings Letters d d Pat. 8 E. ● . p. 2. m. 20. in dorso . Patents , dated the 10th of April , at Wyndsore , constituted Commissioners for to view and take order for the repair of the Banks , Ditches , &c. for the safeguard of those , from the overflowing of the Tide , which lye betwixt Dertford , Flete , and Grenewich . And not long after this ( for it was in February ensuing ) Iohn de Ifeld , Iohn de Hortone , and Will . de Northo had the like Commission e e Pa● . 9. E. ● . p. 1. m. 5. i● dorso . for the very same Marshes .

In 13 E. 2. Iohn de Evredon and Iohn Abell were also appointed f f Pa●. 13 E. 2. m. 12. in dors● . to view the broken Banks betwixt Grenewich and London-Bridge ; and to apply speedy remedy for their repair . In 15 E. 2. Robert de Bardelby , Will . de Leicestre , Iohn de Merton , and Robert de Kellesteye had the like assignation g g Pat. 15 E. 2. p. 1. m. 18. in do●so . for the view of a certain breach then newly made in the Bank betwixt Grenewiche and Wolwiche , by the violence of the Tides ; and to provide for the suddain repair thereof . And the next year following Robert de Ashele , and Robert de Swaleclyve were made h h Pat. 16 E. 2. p. 2. m. 15. in ●o●so . Commissioners for the view and repair of those about Grenewiche , and the parts adjacent .

In 17 E. 2. there hapning ano●her breach betwixt Grenewiche and Wolwiche , Robert de Bardelly , Will . de Leycestre , Robert de Kellesey , and Iohn de Merton , were appointed i i Pat. 17 E. 2. ● . 2. ● . 13. in dorso . to view the same ; and to distrain all those persons , through whose default it had hapned , to the making good thereof : Farther enjoyning them ; that if they should find the persons , through whose neglect it came , not able to repair it so speedily as that the damage and peril , which would be occasioned thereby , might be prevented ; that then they should distrain all those which had Lands and Tenements in those parts , who might have safeguard by the making up of that breach , to the end that they should contribute thereto .

Within two y●ars after , the King being informed of another breach in the Bank above Grenewiche , towards Bermondseye ; which , through the violence of the frequent tides , and neglect of some persons , who were obliged , in respect of their lands in the adjacent Marshes , to have made good , upon all occasions ; had then newly hapned , to the great damage of all those that had lands there ; did assign k k Pa●. 19 E. 2. p. 1. m. 24. in dorso . Adam de Brom , William de Leycestre , Laurence de Rustyngton , and Robert de Kelleseye , or any three or two of them , to veiw the said breach , and all other defects in those Banks , which by reason of the flouds had hapned ; and to enquire by the Oathes of honest and lawfull men , of this County , upon whose land the said breach first began , and through whose default ; and who ought to repair and maintain the said Banks ; as also how and in what sort ; and likewise what other persons had Lands , Tenements , or Common of Pasture in those Marshes , and had or might have defence and safeguard by the said Banks in any sort . And moreover , with the Bayliffs of the Liberties , to distrain all those through whose default that breach had so hapned , and who were obliged to the repair and maintenance of that Bank , according to such a proportion as might be sufficient to make good the said breach with all possible speed . And if it should so fall out , that those persons so lyable to the repair thereof , were not able to perfect the work with that haste as the case required ; that then , for the avoyding of greater damage and mischief , to compell all such persons , who had or might have loss thereby , to contribute thereto , for that present time ; every one according to the proportion of what he held , as well in Common of Pasture as Land , not favouring rich or poor therein : And to levy the money upon those , who were obliged to the said repair , so as restitution might be made to those who had contributed thereto , being not obliged , with all speed that could be .

After this , divers years , viz. in 10 E. 3. I find that Henry de Secheford , Reginald del Dyk , and Iohn de Heyton were appointed l l P●t. 10 E. 3. p. 2. m. 25. in dorso . Commissioners to take view of a certain Sewer , called Erlesthron , neer Grenewich , and to repair the Sluces thereof where need should be . And in 27 E. 3. Otto de Grandisone , Thomas de Lodelowe , Simon de Kegworth , and Will . de Roderham , were assigned m m Pat. 27 E. 3. p. 1. m. 22. in do●so . to take view and make enquiry touching certain breaches in the Banks and Marshes of Dertford , Erde , and Stone ; and of the stopping of the Gutters and Sewers there ; forasmuch as by that obstruction , the Corn sowed in those Marshes , as also the Meadows and Pasture grounds thereof , became often drowned , by the Tides ; And to use some speedy remedy for the same . In that year likewise , Will . Vaghan , Richard de Birton , Thomas de Ludlowe , Iohn de Dielleston , and Simon de Lee were appointed n n Ibid. m. 3. in dorso . to oversee the Banks betwixt Grenewiche and Plumstede , and to take order for their repair : whose Commission bears date the 7th of May. And upon the 25 of the same month ( such was the necessity incumbent● ) the King issued out another Commission o o Ibid. m. 2. in dorso . unto Will Stury , Simmon atte Lee , and Roger de Byshell , requiring them to take in and imprest such and so many Labourers , aswell within Liberties as without , ☜ for competent wages , as they should have need of , for the repair of those Banks , Ditches and Sewers , between Grenewiche and Plumstede aforesaid ; provided that such Labourers were not then imployed in his the said Kings own work , nor retained in the service of others .

In the next year ensuing , Otto de Grandisone , Will . de Waure , Richard de Stone , and Iohn de Rous were appointed to p p Pa●. 28 E. 3. p. 2. m. 15. in do●so . view the Banks and Ditches adjoyning to the Marsh of Stone , then ruinous , through the violence of the Sea , and neglect of the Land-holders therein .

In 31 E. 3. Will . de Notton , Richard de Birton , Thomas de Lodelawe , Thomas Moryz , and Simon de Keggeworth , had the like appointment q q Pa●. 31 E. 3. p. 2. m. 8. in dorso . concerning those Banks &c. lying betwixt Grenewiche and Dertford . So also in 34 E. 3. had Iohn the Son of Sir Iohn Cobham Knight , Iohn the Son of Sir Raphe Cobham Knight , and r r Pat. 34 E. 3. p. 2. m. 4. in do●so . others , for the view and repair of a certain breach of a Bank neer Stone , whereby a great part of the Marsh of Stone , and the adjacent parts , were overflowed and drowned by the Tides .

In 36 E. 3. Thomas de Lodelowe , Will . de Holdone , and some others , had Commission s s Pat. 36 E. 3. p. 1. m. 15. in dorso . in like sort for the view and repair of those betwixt Grenewyche and Plumstede .

And in 40 E. 3. Iohn de Cobham of Kent , Thomas de Lodelowe , Thomas Morice , Iohn Dyngeleye , and others , for t t Pat. 40 E. 3. p. 1. m. 24. in dors● . those in the Marshes of Dertford and Eard : wherein they were required to proceed according to the Marsh-law .

In u u Pat. 42 E. 3. p. 1. m. 25. in do●so . 42 E. 3. Simon de Kegworth , Richard de Norwiz , Robert de Eareth , and others , for the Banks betwixt Wolwiche and Eareth ; and to do all things therein , according to the Law and Custome of this Realm . And in the same year , the before-specified Iohn de Cobham of Kent , Thomas de Lodelowe , and Roger Godchestre , for those in the Marshes of Derteford and Eard .

So likewise the next ensuing year , had w w Pat. 43 E. 3. p. 1. m. 33. in dorso . the same Iohn , and Thomas , with Will . de Halden , and others , for the Banks in the Marshes of Derteford and Stone ; and command to hear and determine all things therein , according to the Marish Law .

In 47 E. 3. the Abbot of Lesnes , Sir Thomas de Lodelawe , Knight , Simon de Kegworth , and Will . de Horne had Commission x x Pat. 47 E. 3. p. 1. m. 8. in dorso . to view and repair those Banks &c. betwixt Plumstede marsh , and the marsh of Lesnes . The next year following Iohn de Whitwell , Iohn Chertseye , and Iohn Wroth junior , had the like Commission , to take view , and see to the repair of divers other Banks &c. in several places bordering on the before-specified River of Thames . And in y y Pat. 48 E. 3. p. 1. m. 30. in dorso . the same year Will . de Haldene , Roger Dygge , Thomas de Shardelowe , and Nich. Heryng , for those in the Marshes of Derteford and Stone . So likewise had z z Ibid. Will . Halden , Adam de Bury , Nicholas Heryng , and Thomas Shardelowe , for the Banks &c. betwixt Hecham and Dertford .

In 1 R. 2. the said Will . Halden , Nich. Hering , Will . Horne and Iohn Tendre , were assigned a a Pat. 1. R. 2. p. 4. m. 30. in dorso . to view and take order for the repair of those betwixt Dertford and Grenewiche ; wherein they had direction to proceed according to the Marsh Law . And the next ensuing year Robert Bealknap , Will . Halden , Nich. Hering , and Henry Vannere , had b b Pa● . 2. R. 2. p. 2. m. 32. in dorso . the like assignation for those Banks &c. betwixt Combe and West-Grenewiche . In 3 R. 2. Robert Bealknap , Nich. Hering , Thomas Illeston , and Robert Loxle , had * * Pat. 3. R. ● . p. 1. m. 44. ●n dorso . the like for those betwixt Grenewiche and London bridge . So c c Pat. 6 R. 2. p. 1. m. 31. in dorso . likewise in 6 R. 2. Iohn Cobham , Robert Bealknap , Iohn Philippot , Iohn Fremyngham , Henry Vannere , Will . Brenchesle , Thomas Shardelowe , and Peter Hereford , for those in the Marshes of Dertford and Stone ; and to hear and determine all things therein according to the Marsh Law . And in 8 R. 2. Sir Will . Waleworth , Knight , Rob. Walbelton , Roger Ashburnham , Iohn Olyver , and Will . Brynchesle had d d Pat. 8 R. ● . p. 2. m. 35. in d●rso . the like assig●ation for those betwixt Grenewich and London bridge : So also had e e Pa● . 11. R. 2. p. 1. m. 33. in dorso . Sir Iohn Fallesey Knight , Roger As●burnham , Will . Staunden , Citizen of London , Thomas de Skelton , Will . Brynchesle , and Iohn Olyver ; and to proceed therein , according to the Law of the Marsh , and the Laws of this Realm .

In 16 R. 2. Sir Iohn de Cobham Knight , Will . Rikhill , Will . Makenade , Will . Skreene , Iohn Colepepir , Walt. Roo , and Will . atte Wode had f f Pat. 16 R. 2. p. 3. m. 14. in dorso . Commission for the view and repair of the Banks , Ditches &c. betwixt Plumstede and Northflete , with direction to act therein , according to the Law and Custome of this Realm , and the Custome of Romeneye marsh . And the next year following Will Rikhill , Sir Iames de Peckham , Knight , Will . Makenade , and Iohn Fox of East-Grenewiche , had g g Pat. 17. R. 2. p. 2. m. 37. in dorso . the like for those betwixt Depford and Charleton , and to proceed therein as aforesaid . In h h Pat. 20 R. 2. p. 2. m. 3. in do●so . 20 R. 2. Will . Makenade , Richard Mariell , Thomas Frisby , Iohn Lufwyk , Thomas Arthington , Richard Cliderhowe , Will . Hesille , and Iohn Newport , the like , for those Banks &c. in the Marshes of Dertford and Stone ; and to proceed according to the Marsh Law .

In 22 R. 2. Will . Makenade , Robert Oxenbrigge , Will . Frye , Will . Skreen , Iohn Preston , Thomas Lexham , and Iohn Hall were assigned i i Pat. 22 R. 2. p. 2. m. 2. ●n dorso . to view and take order for the repair of all the Banks &c. betwixt Wollewyche and Suthwerke ; and to act therein according to the Law and Custome of this Realm , and the Custome used in the Marsh : and to imprest so many Labourers therein , upon competent wages , in respect of the then great and urgent necessity , as might serve for the performance of that work .

In 1 H. 4. Will . Rikhill , Richard Muriel , Thomas Erdyngton , Will . Cressewyk , Iohn Martyn , Will . Hesell , Iohn Mayhewe , and Solomon ●Fresthorpe were appointed k k Pat. 1 H. 4. p. 6. m. 13. in dorso . to view and take course for the repair of those in the Marshes of Est-Grenewyche , Combe , Charleton and Wollewyche ; and to proceed therein according to the Marish Law . And l l Pat. 1 H. 4. p. 8. m. 13. in dorso . in the same year Iohn Colepepir , Will . Makenade , Stephan Batenham , Iohn Martyn , and Iohn Newport , for those in the Marshes of Derteford and Stone ; and to act as aforesaid . In m m Pat. 3 H. 4. p. 2. m. 8. in dorso . 3 H. 4. Iohn Colepepir , Will . Hesyll , Thomas Lodelowe , Iohn Urban , Iohn Crepyn , Iohn Martyn and Thomas Appelton , for those in Derteforde marsh ; and to act according to the Law of the Marsh , and the Law and Custome of England .

In 5 H. 4. Will . Brenchesle , Nich. Carreu , Will . Makenade , Will . Askham , Robert Oxenbrigge , and Thomas Remys , had n n Pat. 5 H. 4. p. 1. m. 29. in dorso . the like appointment for those betwixt London bridge and Grenewyche ; and to proceed therein according to the Custome of Romeney marsh , and the Law and Custome of this Realm . In 7 H. 4. Wil. Hankford , Thomas Tildeslegh , Nich. Carreu , Walter Hoke , Will . Crowemere , Iohn Westone , and Richard Wakehurse had o o Pa●. 7 H. 4. p. 1. m. 34. in do●so . the like ; and to act according to the Law and Custome of this Realm . And in 8 H. 4. Sir Arnald Savage Knight , George Ballard , Richard Clitherowe , Stephan Bettenhamme , Iohn Martyn , Will . Elys , Will . Notebem , and Thomas Ikham , were constituted p p Pat. 8 H. 4. p. 2. m. 5. in dorso . Commissioners , as aforesaid , for the view and repair of those Banks &c. lying betwixt West-Grenewyche and S. Margarets ●tte Clyve ; and to proceed therein according to the Law and Custome of this Realm , and the Custome of antient time used in Romeney Marsh.

In 10 H. 4. Sir Iohn Oldcastell Knight , George Ballard , Richard Clyderhowe , Iohn Martyn , and Iohn Urban , were constituted , q q Pat. 10 H. 4. p. 1. m. 13. in dorso . in like sort , for the view and repair of those Banks &c. situate betwixt Grenewyche and Depford ; and to perform all things concerning that businesse , according to the Marish Law till then used , and Law and Custome of this Realm .

And r r Pat. 12. H. 4. p. 1. m. 23. in do●so . in 12 H. 4. the said Sir Iohn Oldcastell , Iohn Martin , Iohn Urban , Iohn Krepen , Iohn Weston , Walter Roo , and Iames Dyngle , for those betwixt Northflete and Grenewyche ; and to do all things therein according to the Law and Custome of England .

In 15 H. 6. Richard Bamme , Reginald Pekham , Iohn Bamburgh , Iohn Chymbeham , Rob. Reynold , and Walter Groveherst , g g Pat. 15 H. 6. p. 1. m. 17. in dorso . for those in the Marshes of Dertford and Stone , and in Swainescompe ; with power to make Laws and Statutes for the same , according to the Laws and Customes of Romeney marsh , and the Law and Custome of England : As also to imprest as many Labourers &c. upon a competent salary , as might accomplish the work , considering the great necessity , in respect of the damage impending .

In 14 E. 4. Sir Edward Nevill of Bergenny Knight , Iohn Abbot of Bermundsey , William Abbot of Lesnes , Wil. Hatteclyf , Iohn Bromstone , Iohn Grene , Iohn Bam , Roger Appiltone , Rob. Ballard , et Iohn Alfegh were constituted h h Pa● . 14. ● . 4. p. 1. m. 20. in dorso . Commissioners for the viewing and repairing the Banks from West-Grenewich to Gravesend ; and to proceed in all things tending thereto , according to the Laws and C●stomes of this Realm , and the Custome of Romeney marsh .

The same year the like Commission i i Ibid. was issued , unto Will. Abbot of S. Augustines in Canterbury , Sir Edward Nevill of Bergavenny Knight , Iohn Abbot of Lesnes , VVill . Hatclyf , Iames Haute Esquire , Iohn Bromston Esquire , Iohn Grene Esqui●e , Richard Page , Iohn Bavyn , Roger Appeltone , Roger Brent , Iohn Alfegh , VVill . Swan , Robert Balard , Roger Shelley , Iohn Nethersole and Iohn Hurt , for those Banks betwixt Wolwiche , and Northflete ; and to act therein as aforesaid .

Howbeit notwithstanding k k Rot. Pa●●● de anno 22. H. 8. n. 10. cap. ● . these good Laws and Customes , and the care of the Commissioners in seeing them put in execution , such hath been the backwardnesse of some , that , for want of timely repair of those breaches , which through the violence of the tides , were made in the Banks of Plumsted , Lesnes , & Erith ; the Marshes of Plumsted and Lesnes , were not only suffered to be drowned ; but , after several Taxes made for regaining of them ( and for making a new crosse wall , from the Thames to the upland , for inning of the said Marsh called Plumsted marsh , and a certain number of Acres in the levell and Marshes of Lesnes ; and defending them from the overflowing of the water , which entred at Erith breach ; and for further maintenance of the old Marsh-walls by the Thames side , from the said new crosse wall nigh unto Wolwiche ) divers that were assest , paying not their proportion , the same Marshes and levell would have been irrecoverably lost , had not the Bayliff of the Marsh and others , by his assignment , laid down the money : For recovery therefore of the said Assessments , and the better levying of such summs of money , as had been before imployed for the inning and defence of those Marshes ; upon complaint made in Parliament , in 22 H. 8. it was then enacted l l Ibid. ; that the Bayliff of the Marsh should cause Proclamation to be made upon any Sunday afterward , in the Parish Church of Plumstede , for the payment of all such arrears of the said Taxes , within xx dayes then next ensuing ; and that he who made payment of the same accordingly , should be dischardged of his doubles ; otherwise not : And , if the said Tax and Doubles should not be paid by the Feast of S. Michael the Arch-Angel then next following ; that then every possessor , or Tenant of any lands , lying within the said Marshes , or any other who would pay that Tax to the said Bayliff , his Executors , or Assignes , might enter into the Lands and Tenements , so assessed , and hold the same to himself and his Heirs for ever ; except it should be redeemed within three years then next following .

And in 37 H. 8. upon the like complaint made in Parliament , that the Marshes called the New Marshes , & Combe Marshes , in the Parish of East Grenewiche , were often in peril of overflowing , through the neglect of some persons chardgable with the repair of those Banks , which had antiently been raised for their preservation from that danger ; it was also enacted m m Ror . Parl. 37 H. 8. c. 11. ; that all and every such person and persons , as then were , or which thenceforth should be owners of the said Marshes , or of any parcell thereof , should at all times , after the end of that Session of Paliament , pay , and be contributory , towards the reparation of the said Marshes from time to time , after the rate of the Acre , as other owners had before that time been chardged : And , that the Expenditors and Collectors , or one of them , from time to time , when any Assessment or Tax should be had or made in that behalf , to distrain the goods and Cattell of such persons , that should refuse to pay after such rate ; and the same distresses to retain , keep and use , according to the Laws of Romeney Marsh , in such behalf , of antient time used .

But notwithstanding that care taken by the Act of Parliament of 22 H. 8. before recited , touching the Marshes of Erith , Plumsted , and Lesnes ; it was represented n n R●● . Parl. 5 Eliz. n. 36. to the Parliament in 5 Eliz. that there was a certain ground , containing about two thousand Acres , lying in the Parishes of Erith , Lesnes , and Plumstede before-specified , which in former times were good Pasture grounds and meadows , but by certain breaches , within the space of xxx years then past , laid waste , by the inundation of the Thames : And that one Iacobus Acontyus , an Italian , ( and servant to the Queen ) had undertaken at his own chardges , the recovery thereof , in consideration of a moytie of it , for his chardges : but that the Lords and owners thereof were many , and had several kind of estates therein , whereby their assents and good assurances could not be procured : It was therefore enacted , that the said Iacobus , and his assigns , and their Servants , Factors , Labourers &c. should , at the costs and chardges of the said Iacobus , after the tenth day of March , in the year MDLxii . for the term of four years , then next following , inne , fence , a●d win the said grounds , or any parcell of them : And , that , having so won and fenced the same , or any of them ; that he the said Iacobus and his heirs , or such person or persons , and their heirs , as he or his Executors should nominate , by their writing enrolled in one of the said Queens Courts of Record at Westminster , or by his the said Iacobus his last Will and Testament , in consideration of such recompence , should have and enjoy the one moytie thereof , to be severed from the residue within two years next after the said winning thereof , by four or mo discreet Commissioners , to be nominated and appointed by the Lord Chancelour of England , or Lord keeper of the great Seal , for the time being : and being so severed , Lots to be cast for concluding of each proportion to either parties .

After which about two years , Queen Elizabeth issued out a Commission o o Ex bund n●o de Seweris in Capellâ Rotul●rum n. 16. to Thomas Wotton , George Moulton and others , bearing date at ............ 7 Eliz. to enquire , whether the said Iames Aconcius , who so undertook the inning of those Lands , lying in the Parishes of Erith , Lesnes , and Plumstede marsh had , in pursuance of the said Act of Parliament , so held at Westminster , 12 Ian. 5 Eliz. accordingly performed the same ; and for which he was to have the inheritance of the one moytie of the said Land so won and inned .

Whereupon the said Commissioners certified p p Ibid. , ult. Ian. 8 Eliz. that six hundred Acres thereof , were then won , and inned with Walls , Banks &c. from the water and floud of the River of Thames , according to the tenor of the before-specified Statute .

All which is more particularly taken notice of , by another Act q q Ro● . Parl. 8 Eliz. n. 22. of Parliament , made in the 8th year of Queen Eliz. reciting ; that whereas the said Iacobus did win some part thereof , which was by the violence of the flouds shortly after lost ; and being not able to recover the same , he did depute Iohn Baptista Castilion , one of the Grooms of the said Queens privy Chamber , Iohn Gresham Mercer , Francis Robinson , Richard Young , Grocers ; Simon Horsepoole , and Henry May , Drapers ( Citizens of London ) at their costs and chardges to inne , fence , and win the same , or some convenient portion thereof : by authority of which deputation , they the said Iohn , Iohn , &c. did inne and win part thereof , containing about six hundred Acres ; whereof a division was made , and the one part , called the Eastmarsh , alotted to the said Iacobus , and his assigns ; and the other , called the Westmarsh to the owners &c. Which part called the Eastmarsh , he the said Iames assigned to the before-mentioned Iohn , Iohn &c. in consideration of their chardge , which amounted to five thousand pounds : Whereupon it was enacted , that the said Iohn Baptista Castilion , and the rest of the undertakers above-mentioned , should have and enjoy the same , to them and their heirs for ever ; to be held of the chief Lord of the Fee , by such services as it was formerly held : And moreover , that they should have power to inne and win the rest of the surrounded grounds , from the tenth of March next ensuing , during the space of eight years ; and being so won , to enjoy a moytie thereof , to be divided by Lots , as in the former Act.

And in 14 Eliz. by an Act r r Ro● . Parl. 14 Eliz. n. 15. of Parliament then made , which recited the former Acts ; and that six years of the eight years before limited , were expired , and yet the work not finished ; it was farther enacted , that he the said Iohn and the rest of the undertakers , should have eight years more , from the tenth of Iune following the date thereof , for to accomplish their work in : and to have the moytie thereof so won , and divided as aforesaid .

And after this , viz. in 23 Eliz. by another Act s s Ro● . Parl. 23 Eliz. n. 13. of Parliament at that time made , and reciting all the before-mentioned Acts : as also , that whereas since the making of the Statute in 14 Eliz. the said said Iohn Gresham constituted one Thomas Allen to be his assignee ; and the said Henry May constituted Walter Fisher his assignee , to and for the said affairs : and whereas six years , parcel of the said eight years , were almost expired the 8th of May in 14 Eliz. and thereupon eight years more added to that term as abovesaid . And moreover , that since the making of that Statute in 14 Eliz. all the parts of the said undertakers were come to the hands of the said Iohn Baptista Castilion , and of Thomas Smith , George Barn , the said Richard Young , Thomas Fisher , Ferdinando Pointz , Iames Guichardine , and Roger Iames : And whereas the said eight years were fully expired ; and that the inning thereof had by flouds and tempests been hindred , that it could not be finished without longer time : It was therefore enacted , that it should be lawfull for the parties abovesaid , to inne the same within two years , after the end of that present Session of Parliament , and then to enjoy the moytie by such partition as aforesaid ; and to take such Reed and Earth upon the premisses , for the inning thereof , as should be most needfull .

And in consideration that they should maintain the Banks of the same , by the space of one whole year after the wining thereof , it was further enacted , that they should have an half of the eighth part of the other half , so won as aforesaid , to be divided as aforesaid : And moreover , that in consideration of the great chardges in and about the same , the premises should be dischardged of all titles whatsoever , for the space of seven years next after the inning , fencing , and winning of the same . And that all Shelves and Forelands , then being , or that afterwards should be , betwixt the said Banks and the River of Thames , should be kept and maintained at the common chardge of the said owners and Inners , their heirs and assigns : and that no Earth or Reeds should be taken from the said Shelves and Forelands , or other thing , to any use , than for the repairing of the Banks for defence of the said Marshes , upon penalty of five pounds for every such offence , to be forfeited to the said Inners or owners , or any of them ; who by the said Act were authorized to sue for the same , by Action of Debt , Bill , plaint , or information , in any Court of Records , &c.

In the 4th year of King Iames , upon a Petition then exhibited in Parliament , for inning and winning of certain Marsh grounds , lying in the drowned Marshes of Lesnes , and Fants , in this County , which had been of long time overflowed : it was enacted t t Ro● . Parl. 4 Iac. cap. 8. , that William Burrell of Ratcliff in the County of Midlesex Gentleman ( who had covenanted with the owners of those surrounded grounds , by Indentures made betwixt them and him , dated the seven and twentieth of February Aᵒ D. 1606. for the consideration in the said Indenture expressed , to do his best endeavour therein ) should have power to enter upon the work , and to take Reed and Earth in any part of the said drowned Marsh , so as he the said William , nor any imployed therein under him , should digg within xx Roods of any wall already made within that Marsh : And that immediately after his accomplishment of the same , he the said William , his Heirs and assignes , to have the one 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 Manno●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 , Surrey : 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 Winch●ster house ) called Suthwark Park● 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 a a Pat. 23 E. 1. m. 13. in dorso . 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 b b Pat. 34 E. 1. m. 15. in dorso . ; 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 c c Pat. 2 E. 2. m. 5. in dorso . 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 d d Pat. 2 E. 2. m. 5. in do●so . 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 e e Pat. 2 E. 2. m. 5. in do●so . 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 f f Claus. 4 E. 2. m. 7. , 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 g g Pa●. 9 E. 2. p. 2. m. 7. in do●s● . 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 h h Ex bun● . de Brevibus & Recordis Wallias & ● . tangentibus . ● . 3. 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 choak● 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 , pas●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 H●fee , and Will . de Fifhide were appointed i i Pat. 26 E. 3. p. 3. m. 18. in dorso . 〈◊〉 view and repair the Banks a●●he Stewes , and in other places adja●●●●● by the breach whereof divers ground● and meadows lay then totally drowned . And in 37 E. 3. Edmund Chelreye , Thomas Morice , and Michael Skillyng had k k Pat. 37 E. 3. p. 1. m. 37. in dorso . the like appointment for those Banks neer the said Stewes , which were opposite to the Mannour House of Iohn de Mo●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 l l Plac. coram Rege term . Pasch. 37 E. 3. Ro● . 19 , 20 & 23. Surr. . per annum . The like was certified m m Plac. coram Rege de eodem anno Term. Mich. Rot. 26. of Sir Iohn de Moubray , Knight , and Elizabeth his wife , daughter and heir of Iohn de Segrave .

In 42 E. 3. Iohn Lovekin , Will . Ta●ke , Will . de Neudigate an● oth●rs , had the like assignation n n 〈◊〉 42 ●● . p. 1. m. 15 i● do●s● . for the Banks &c. extending from a place called D●nielissewalle in this County of Surrey , to Roddis●orne in Kent . And in 48 E. 3. Robert Bealknap , Will . Halden , Roger Dygge and others , for o o Pat. 48 ● 3 p. 1. m 30. in dorso . the same Banks , betwixt Danyeleswalle , and the Land of the Prior of S. Marie de Overe , and about a medow called Cro●chemede : by which Commi●sion ●h●y ●ere directed to proceed according to the Law and Custome of this Realm of England .

In 4 H. 5. Iohn P●eston , Sir Iohn D●ayton Knight , Thomas Rothewell junior , Thowes Drewe , Richard Wydeforde , and Thomas Coventre were constituted p p Pa●. 4 H. 5. p. unic● m 15. in do●s● 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 q q Pa●. 5 H. 5. p. unica m 34. in do●s● 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 ●he Marsh , and the Law and Custome of this Realm .

In 22 H. 6. Sir Iohn Burcestre Knight , Ric●ard Bamme , Richard Com●e , Will . O●●urne , Adam Lynelord , Iohn Martyn , Iohn Malton , and Will . Kyrton were assigned r r Pa●. 22 H. 6. ● . 1. m. 17. in d●●so . 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 mor●over to impr●st so many Diggers and Labourers , to be imployed th●rein , upon comp●●ent salaryes , as should be necessary , in resp●ct of the great necessity at that time for the speedy dispatch of that work . The like Commission s s Pa●. 25 H. 6. p. 1. m. 8. in do●so . 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 t t Pat. 31 H. 6. p. 1. m. 22. in dorso . the like , for the view of all the Banks from East-Grenewiche in Kent , to Wandesworth in Surrey : So also had u u Ibid. 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 call●d Harescluse , R●therhithe , Suthwerke , Bermondsey , Parysga●dyn , L●mbehythe , Lambehythe mersh , Batersey , Wandesworth , Clopham , Pekham , and Camberwerwell .

The like Commission w w Pat. 33 H 6. p. 1. m. 17. in do●so . , 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 x x Pat. 5 E. 4 p. 1. m. 23. in dorso . 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 y y Pat. 14 E. 4. p. 1. m. 20. in do●so . 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 * * Pat. 26 E. 1. m. 28. in dorso . to view and repair the Banks and Ditches in Stebbenhethe and the parts adjacent . After this , viz. on Wednes●ay next after the Feast of S. Martin a a Plac. de ●erm . 〈◊〉 . 18 E. 2. ro● . 174. Midd. 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 Acres and a half , Iohn Gisors , Iohn Peyrun , and Maude de Cauntebrig , held xxxij Acres ; the Master of the Hospital of S. Thomas the Martyr , of Acon , in the said City of London , ten acres ; and Walter Crepyn , half an acre : and that the said Lord of that Mannour , dimised the residue of those hundred Acres , to the Bondmen of the said Mannour , to hold at will , and to repair and maintain the Banks , Ditches , &c. aforesaid ; every man , at his own proper costs , upon the said Lands so to him demised .

And they farther said , that the said Lord and his Court of Stebenhethe , did then decree and ordain , by the assent of those his Tenants , two men , called Wall Reeves , to oversee the said Banks &c. upon the ebbing and flowing of the Tides ; and to warn all the Tenants of the said Lands , as often as need should require , to repair them ; and likewise to present the defaults in the Court of the said Lord at Stebenheth , to the end that the defects might be thereupon amended by the said Lord and his Tenants . And that the said Lord ought to have of every such Tenant , so in default , for the repair aforesaid , for every peny three p●nce . And so to settle the order of defence , repair , and maintenance of the said Banks &c. in time to come ; and likewise the manner of cho●sing and constituting the two men aforesaid , in the said Court of the Lord , to oversee those Ditches &c. and to warn the Tenants when need should require , from that time forth , for ever .

Which Custome and usage had ever been exercised from that time , from time to time , by the Tenants of the Lords of that Mannour , untill that present day ; the state and Title of which Lord was then in the Bishop of London .

And the said Jurors moreover presented , that through the default of the Bondmen of the said Bishop , who then held the said Lands in Stebenhethe of him the said Bishop , in form aforesaid , and were so obliged to those repairs , but could not perform them ; the Banks and Ditches were broken and torn , and the Lands and Tenements aswell of the Free-holders as others , pe●ilously , and with great damage overflowed .

And it was farther enquired , whether any of the said Tenants did ever contribute to the aid of any other Tenant for the repair and maintenance of those Banks &c. upon any such breach hapning in former times : And it was answered no : For they said , that every Tenant had wont to repair and sustain all the Banks &c. upon his own proper land , at his own chardge , upon perill which might befall . And because that the before-specified Free-holders , who were not guilty of the said breach , nor the default thereof , as by the said inquisition was found ; whereas they should have had benefit by the repair of those banks , as in reason they ought , and contrarywise sustained great losse ; that they might have their action therefore , if they saw good : And that the said Bishop and his Bondmen , through whose neglect , those breaches , drowning , and damages came , should be distrained from day to day for the repair and maintenance aforesaid .

By reason of which Inquisition , for that the King was informed that the said Bishop and his Bondmen did refuse to perform those repairs , at their proper costs and chardges , upon their lands bordering on the before-specified River , the Shireeve had command , that he should summon the said Bishop , to appear in the Court of Kings Bench , in the xvm● of S. Iohn Baptist , to shew , if he could , why &c. who came accordingly ; and alleged , that soon after the said Inquisition was so made , all the defects in the Banks , upon his and his said Bondmens Lands , were by him and them sufficiently amended and repaired ; and the judgement given upon the same Inquisition , ●ully executed : and therefore saith , that the Lands and Tenements aforesaid , were not overflowed and drowned through the default of the Bishop and his Bondmen , in not repairing and maintaining the Banks &c. aforesaid , upon those their Lands . But he said , that on the Even of the Circumcision of our Lord , in the xviith year of the said Kings reign , there hapned a mighty floud , proceeding from the tempestuousnesse of the Sea , which overflowed all the Banks , aswell those that were against other mens lands , as those against the lands of the same Bishop and his Bondmen ; and drowned all the said grounds : Which floud afterwards in it's retreat to the Sea , made a certain ground-breach upon the Land of the said Bishop , which could not be repaired by the labour of one Tenant ; so that every man having any land so overflowed , ought to be chardged equally , for his proportion , towards the repair thereof , ☜ according to the Custome of the Marsh. And farther said , that if all the Land-holders there , would joyn together for the repairing and maintaining of the said ground-breach in common , he the said Bishop and his Bondmen would be ready , for their proportions , to assist and contribute thereto .

And Adam de Fyncham the King's Attorney , then said , that the said Walls &c. were so broken and torn , through the default of repair by the said Bishop and his Tenants , upon their own grounds ; that all the before-specified Lands and Tenements were thereby overflowed , and in divers places drowned , as aforesaid , to the great damage and peril of all those Land-holders : And that this he was ready to make proof of . And the Bishop said as he did before ; and that if there were any overflowing at all , it was occasioned by the said impetuous floud , which went over all the said Banks and Ditches ; and which made that ground-breach before-specified in it's retreat ; and not by the default of him and his Bondmen aforesaid ; and desired that this might be enquired of by the County . And so likewise did the said Adam , then the Kings Attorney . Whereupon the Jurors in the said Court of Kings Bench , in the xvme of S. Michael : and said upon their Oathes ; that the Banks , Ditches &c. upon the coast of Thames , situate betwixt the said Hospital and the Town of Shadwell , were not broken through the default of the Bishop and his bondmen ; and that the said Lands were not so overflowed and drowned through any defect in repair of them : For they said , that all the Land was so overflowed by the means of that huge floud before-mentioned , occasioned through the vehement tempests from the Sea , about the Feast of the Circumcision of our Lord before-specified ; which ran over all the said Banks and Ditches ; and which in it's fall to the Sea , made the said ground-breach , whereby those Lands became afterwards often overflowed , and drowned .

And the said Jurors being asked who ought to repair that ground-breach ; answered ; that according to the Custome of those parts , ☞ every man having any part in the said Land , lying betwixt the said Hospital and Shadwell , ought and had wont to contribute , according to his proportion , to the repair and maintenance of such a ground-breach , when it should happen : And therefore the Shireeve was commanded to distrain not only the said Bishop and his bondmen , but all other persous having Lands between the said Hospital and the Town of Shadwell , lying within the before-specified peril , for the repair and amendment of the Ditch , where the said ground-breach was made by that great floud ; and likewise to repair the Banks , Ditches , Sewers and Gutters , which , by means of that ground-breach , were so broken and torn .

In pursuance of which verdict , the said King in the same 18th year of his reign ( wherein the pleading above-mentioned was ) assigned b b Pat. 18 E. 2. p● 2. m. 4. in dorso . Raphe Hereward , Robert de Ashele , and Iohn de Doure to view the said banks , betwixt the before-specified Hospital of S. Katherines and Shadwell , and to take order for their repair .

In the 15th of E. 3. Robert de Sadyngton , Thomas de Blaston , and Gervase de Wilford had Commission c c Pat. 15 E. 3. p. 1. m. 45. in dorso . to view and repair the Banks &c. on the coast of the said River , being within the precincts of Westminster and the parts adjacent , betwixt a place call'd the Neyt , and Temple-barr , in London , then broken and in decay by the force of the tides . And in 28 E. 3. Will . de Thorpe , Will . de Notton , Iohn Bray , Thomas Ludlowe , Will . de Hatton , and Thomas Morice had the like d d Pat. 2●● . 3. p. 1. m. 24. in dorso . Commission for those in the Town of Stebenhethe before mentioned ; as also upon the River of Lye , in the confines of Middlesex and Essex , in a certain part of Hakney , neer to a Mill called Crachehegge , betwixt the said Town of Hakney , and the Town of Welcomstowe in Essex .

In 36 E. 3. Will . de Fyncheden , Will . de Wynchingham and others were in like sort assigned e e Pa●. 36 E. 3. p. 1. m. 15. in d●●so . for all the Banks &c. betwixt the Chapel of S. Katehrine in Middlesex , and the Town of Est-Tilbury in Essex . So also the next year following , were e e Pa●. 36 E. 3. p. 1. m. 15. in d●●so . Thomas Morisse , Thomas Frowyk , and George Fanillore , for those banks &c. in the Marshes of Stebenhithe , Brambeleye and Redclyve , and elswhere within the Lordship of the Bishop of London , upon the verge of the Thames . And in 38 E. 3. Thomas Morice , Thomas Frowyk , and Iohn Brikclesworth , for those in Stebenhithe and Brambeley , from the Tower of London , to the River of Leye .

In 41 E. 3. Iohn de Bampton , Iohn de Sudbury and Thomas Brette were constituted f f Pat. 41 E. 3. p. 1. m. 28. in dorso . Commissioners for the view and repair of the banks &c. betwixt the before-specified Chapel of S. Katherine and Berkynflete in Essex ; and to do all things therein according to the Law and Custome of this Realm . In 43 E. 3. Thomas de Lodelowe , Will . Halden , Iohn Sundbie , and Iohn Chertsey had g g Pat. 43 E. 3. ● . 1. m. 33. in dorso . the like , for all those , aswell upon the coast of the River of Leye , as of Thames , which were in the parish of Stebenhithe . So likewise , the same year , had h h Pat. 43 ● . 3. p. 2. m. 33. Solomon Wauter and Nich Cartere , for those in the said parish , upon the River of Thames only ; with power to take so many Carpenters● and other Labourers as should be necessary for the work , upon competent wages .

In 1 R. 2. Iohn Bampton , Will . Rykhill , Thomas Aspale , and Thomas Mylende had the like Commission i i Pat 1 R. 2. p. 1. m. 25. in dorso . for those betwixt Blakewale , and the before-mentioned Hospital of S. Katherine . In 4 R. 2. Will . Cheyne , Helmingus Leget , Will . Rykhill , and Will Cressewyke , for k k Pat. 4 R. 2. p. 1. m. 17. in dorso . those upon the River of Lye , betwixt Stebenhythe and Bramle .

In 6. R. 2. the Prior of the Hospital of S. Iohns of Ierusalem , being questioned l l Plac. coram R●ge term . Mich. 6 R. 2. rot. 206 Mid● . for the not clensing of a Ditch neer Mileford , for an hundred perches ; and could not deny , but that he ought to do it ; and therefore the Shireeve of Middlesex was appointed to compell him by distresse for the performance thereof at his own proper chardges . In the same year Will . Cheyne , Will . Rykhill , Iohn Shorediche and Will Cressewyke were m m Pat 6 R. 2. p. 1. m. 9. in dorso . appointed to view and repair the banks upon the River of Lye , betwixt Stebenhethe and Bramle .

In 19 R. 2. Will Rykhill , Will . Skrene , Thomas Cherleton , Iohn Shoredyche senior , and Iohn Ongham had n n Pat. 19 R. 2. p. 1. m. 5. in dorso . the like appointment for those betwixt the Town of Stratford atte Bowe and the Tower of London , and to perform all things therein , according to the Law and Custome of this Realm . So also in 22 R. 2. had Will . Thirnyng , Will . Rykhill , Iohn Cokaine , Thomas Charleton , Iohn Shoredyche , senior , and Iohn Ongham ( the Shireeve of Middlesex being associated to them ) for o o Pat. 22 R. 2. p. 1. m. 2. in dorso . the view and repair of those banks &c. in Stebenhithe marsh ; and to proceed therein as aforesaid .

Which Commission was renewed p p Pat. 1 H. 4. p. 4. m. 3. in dorso . in 1 H. 4. to all the parties before mentioned , excepti●g Iohn Cokayn . In 5 H. 4. Iohn Cokain , Will . Skrene , Thomas Tyldeslegh , Robert Rykedon , and Iohn Hogham , with the said Shireeve of Middlesex had q q Pat. 5 H. 4. p. 1. m. 29. in dorso . the like . And in r r Pat. 9. H. 4. p. 2. m. 21. in dorso . 9 H. 4. Will . Cheyne , Iohn Selman , Iohn Profyt , and Iohn Hogham : and to act therein according to the antient Law and Custome of this Realm .

In 8 H 6. Henry Somer , Robert Frampton , Iohn Thwaytes , Walter Grene , and Alexander Anne were assigned s s Pat. 8 H. 6. p. 2. m. 20. in dorso . in like sort , for the banks &c. in the Marshes of Stebenhithe , and Walmershe ; and to make Statutes and Ordinances , for the defence thereof , according to the Laws and Customes of Romeney marsh : as also to imprest so many Labourers for that imployment , upon competent salaries , as they should see necessary , in respect of the imminent danger , by the breaches in those banks , which required their speedy repair .

In 26 H. 6. Iohn Fortescu , chief Justice of the common Pleas , Robert Wellys Abbot of Graces neer the Tower of London , Iohn Fyloll , Thomas Burgoygne , Iohn Wylton , Walter Grene , Iohn Harpour , Robert Tanfield , Edmund Plofeld , Iohn Eton , and Thomas Croxton had the like Commission t t Pat. 26 H. 6. p. 2. m. 23. in dorso . for the banks &c. betwixt the Mill of S. Katherines neer the Tower of London , to the Chapel of S. Marie Matfelon ; thence to the Church of S. Dunstans in Stepenhithe ; thence to the Church of S. Leonard in Bremley ; thence to the River of Leye ; thence to the Thames , and thence to the said Mill : and to make Laws &c. according to the Laws and Ordinances of Romeney marsh : as also to imprest Labourers &c. as abovesaid .

Upon an inquisition u u Esc. 27 H. 6.22 . ● . penult. Midd. taken in 27 H. 6. the Jurors presented , that by the violence of the tides upon the banks of Stebenhithe marsh , a great part of the said banks , adjoyning to that marsh , was then ruinous and broken through the neglect of the Land-holders there : And that through the default of one Iohn Harpour Gentleman , in not repairing his bank , opposite to Depford strond , there was , on the Monday , being the Feast of the Annunciation of the blessed Virgin , in the 26 year of the reign of the said King H. 6. a breach made in the said bank of the before-specified Iohn Harpour , for the length of xx Rods , unto the land of Iohn Fyloll , in so much as a thousand Acres of land , lying within the said marsh , were drowned . And that he the said Iohn , and all those whose estate he then had , were obliged , in respect of their land adjoyning to the 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 w w Pat. 34. H 6. pa●te unicâ , m. 23. in dorso . 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 x x Pat. 7 E. 4. p. 1. m. 16. in dorso . 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 y y Pat. 14 E. 4 p. 1. m. 20. in dorso . 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 z z Pat. 20. E. 4. p. 1. m. 8 in dorso . the like assignation for those betwixt the Town of Lymeostez , and the wall , called Black Wall . So * * Ibid. 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 * * Stow's survey of Lond. p. 707. b. 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 a a Ibid. p. 47● . a. 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 Iseld●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 b b Ibid. p. 436 a. 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 c c Ex bund Decretorum in officio nuncupato the Petti●ag . , 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 , Essex . I come to those in Essex , which Counties are divided by the River of Lye , antiently called Luye .

Of this River it is memorable , a a H. Hunt . hist. l. 5. f. 201. b. n. 10. 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 the end that they might not get their ships back : who discerning what was done , left them and fled towards Severne . That which is here called a Castle , is supposed to be some Fort , made at or neer Hartford , situate upon the Bank of this River : for , before the tides were kept back at Stratford Bowe , by a large Sasse there made , to keep the levell above it from drowning ; no question but that they flowed above Ware , and brought up small Vessels neer to Hartford ; there being , betwixt Ware and Hartford a Hill , which to this day beareth the name of Shipman's Hill , and a tradition of the Country people , that ships did , in antient time , lye at Anchor in that Valley .

The first mention wherewith I have met , concerning the Marshes of Essex , is b b Plac. temp. ince●i Regis Ioh. Essex . in King Iohn's time , Roger de Crammavill being then attached to shew cause , why he did not stand to the determination made in the said King's Court , by a Fine , betwixt himself and the Prior of S. Iohns of Ierusalem , touching the Banks , Gutters , and Ditches to be made in Renham marsh : at which time the said Prior produced the before-mentioned Fine so made betwixt them ; which testified ; that the said Roger did then agree , that he and his heirs would make and repair those Banks &c. according to the proportion of his Land in that Marsh , so that every Acre , which the said Roger did possess , should be taxed as those that belonged to the Prior. And the said Roger came and acknowleged the agreement ; and justified , that he had fully made those Banks according to what belong'd to his Tenement ; and thereupon put himself upon the view of those who knew the Laws of the Marsh.

Upon complaint c c Pat. 8 E. 1. made to the King in 8 E. 1. by the Abbot of Stratford ; that , whereas he did use , yearly , to repair the Banks and Ditches of the Marshes of West-Hamme , as often as need required , for the preservation of his Lands and the Lands of his neighbours , lying within those Marshes , againts the over-flowings of the Rivers of Thames and Luye : and that his said neighbours did neglect to do the like , for what belong'd to them ; the said King directed his Precept d d ● m. 13. to the Shireeve of Essex , commanding him to distrain all those that were faulty therein , to the end that the said Abbot might have contribution in that behalf .

In 15 E. 1. Iohn de Lovetot and Will . de Lamburne had e e Pat. 15 E. 1. m. 6. Commission to view and repair the Banks and Ditches , in this County , upon the side of Thames and parts adjacent , then in decay ; and to enquire through whose default they became so ruinous .

In 20 E. 1. the Abbot of Stratford made a new complaint f f Pat. 20 E. 1. m. 22 in dorso . to the King , in the like manner as abovesaid . Whereupon the said King required the Shireeve to distrain all those who were obliged to such repair of their Banks and Ditches , and had not accordingly done their duty therein : as also those who did refuse to contribute to the said Abbot , according unto their due proportions .

In 31 E. 1. Walter le Baud , Richard de Perneford , and Iohn de Dovor were assigned g g Pat. 31 E. 1. m. 31. in dorso . to view and repair the Banks , Ditches &c. in this County , and those at Wolwyche , in Kent . The like Commission h h Pat. 34 E. 1. m 36. in dorso . had Iohn le Bretun and Will . de Wauton , in 34 E. 1. for those in Essex , only .

Several other of the same kind ( for this County only ) were in King Edward the second 's time ; viz. to i i Pat. 3 E. 2. m. 26. in d●●so . H. Spigurnell , Iohn de Dovor , and Iohn de Malegraffe in 3 E. 2. To k k Pat. 6 E. 2. p. 1. m. 15. in dorso . Walter le Baud , Will . Fitz Robert and Iohn de Norton in 6 E. 2. To l l Pat. 7 E. 2. p. 1. m. 9. in do●s● . the same William , Henry Gernet , and Thomas Dakenham in 7 E. 2. To m m Pat. 8. E. 2. p. 1. m. 13. in do●s● . Will . de Hanyngfeld , Iohn le Burser and Thomas de Ultyng in 8 E. 2. To n n Pat. 9 E. 2. p. ● . m. 9. in dorso . Nich. Frembaud , Henry Gernet , Iohn de Davor , and Richard Bastard , in 9 E. 2.

In 14 E. 2. Henry Grene , Iohn de Dovere and Thomas de Chene had the like o o Pat. 14 E. 2. p. 2 m. 9. in dorso . Commission , for the view and repair of the Banks &c. at Renham , Benington , and Alvitheley .

In 17 E. 2. Iohn de Doure , Robert de Ashele and Nich. de Scotford the p p Pat. 17. E. 2. p. 2. m. 25. in dorso . like for all the Marshes , upon the Thames , in this County . So also had q q Pat. 17 E. 2. p. 1. m. 19. in dorso . the said Iohn , Iohn de Wydefeld and Walter de Hegham , for the Banks &c. betwixt Stretford atte Bough , and Est-Tilbury , and the parts adjacent .

In 18 E. 2. Iohn Boteler , and Iohn de la Hay were appointed r r ●●t. 18 E. 2. p. 2. m. 18. i● do●so . to view a certain Causey betwixt Maldon and Hebrugg ; under which , through an arch , the fresh waters had used to run into the Sea ; which waters were then stopt : And likewise s s Pat. 18 E. 2. p. 2. m. 12. in dorso . to view and repair the Banks &c. in the Marshes of Esthamme in Essex , and Wolwiche in Kent .

So also in 5 E. 3. had t t Pat. 5 E. 3. p. 2. m. 16. in do●so . Robert de Rochford , and Will . de Stanford for all the Banks &c. within the Hundreds of Densey and Rochford .

In 10 E. 3. Henry Gernet and his fellow Justices , assigned for the view and repair of the Banks &c. on the Coast of Thames , in this County , sate at West Hamme on Wednesday , being the Feast of S. Edmund the King ; where the Prioresse of Stratford made complaint u u Ex bund . de Brev. & Recor. Wallias &c. tang●ntibus 10 E. 3. ● . 4. Et. Pa●. 13 E 3. p. 1. n. 7 before them , that Will . de Masun , Bayliff of the Marsh of Westhamme , had distrained her for Cs. for the repair of a certain Bank , called the Prior's Wall : for she said , that she neither had nor held any land nor ground in the said marsh , for the which any wall ought by her to be repaired ; and therefore required judgement . But she said , that one Iohn de Covele , long ago , viz. in the time of King Henry the third , held in the said Marsh , as of the fee of Muntfichet ( which then belonged to Sir Iohn de Handlo ) fifty acres of land , together with the said Bank , then called Coveles Wall , and a certain piece of Pasture , called the Hope , lying neer the said Bank , without the precinct of the said Marsh , viz. between the same Bank and the course of the River of Thames : which land , together with the said Bank of Hope , were before that time , ever assessed together , for the repair of that Bank , whensoever it stood in need . And the said Iohn de Couele , being so seized , aliened the said Bank and Hope , to Robert le Ku , to hold to him and his heirs , for the repairing and maintaining of the said Bank , for ever ; the said Hope then being sufficient for the Pasturage of six Kine , as it was reported .

And afterwards the said Iohn de Couele , long before the Statute , entituled Quia emptores terrarum , sold the said Land by parcells to divers Tenants , to hold to them and their heirs , of him the said Iohn and his heirs , for a certain yearly Rent and sute of Court to be thereupon performed : And afterwards the said Iohn did wholly sell from himself and his heirs , all the demesn of the before-specified Tenements , together with the whole Rent and service , which he had wont to receive of his said Tennants , unto one Simon de Passelewe : and the said Simon sold them to one Cecelie de Lancaster : And she the said Cecelie granted the said whole Lordship , together with the Rents and services before mentioned to the Church of S. Leonard of Stratford , and to the Nunns there serving God ; to hold in pure Alms : And so the said Prioresse then had and possess●d the said Lordship , together with the Rent and service aforesaid .

And she farther alleged , that the said Robert le Ku , whilst he lived and held those Lands and Hope , alway repaired that Bank . And after his decease , the said Bank and Hope , descended to Ioane his daughter and heir , who was wedded to one Will . de Rokesle ; in whose time all the said Hope , by a great inundation of the Thames , was wholly destroyed and drowned . And the said William then considering , that the chardge of repairing of that Bank , would much exceed the profit of the said Tenement , wholly relinquisht all that Tenement , and would not meddle any more with the said Bank ; and so the said Bank lyes unrepaired . And she alleged moreover , that the said Prioresse only received of her Tenants of those lands in that Marsh , of the said Fee of Covele , a certain Rent of xiiijs. over and above the service due and accustomed to the said Iohn de Handlo , then chief Lord of that Fee : and that she was ready , according to the quantity of that Rent , to contribute to the repair of that bank : and therfore required justice to be done to her in the premisses .

And hereupon came the Abbot of Stratford , by his Bayliff , as also Iohn de Brumpton and Thomas le Bret in their proper persons ; and as Tenants of the lands in the said Marsh , lying within the danger of the same bank , alleged , that the said Prioresse did unjustly prosecute that Writ , forasmuch as she thereby endeavoured to excuse her self from the repair of the same Bank ; and to lay the burthen thereof upon the said Abbot and others . They also alleg'd , that the said Prioresse , and all her Predecessors , from the time that the said Lordship of the Fee of Covele came to their hands , did use , till that very time , to make and repair the said Bank ; and that as often as they refused so to do , they were ever thereto compelled ; and this , they said , they were ready to prove , whereupon they required judgement .

And the said Prioresse , saying as she did before , added , that forasmuch as she had been thus disquieted and molested , by grievous and intolerable distresses , she then did complain and brought her action ; and as before she did , so she still required remedy , acccording to the Precept of the said King .

Whereupon the said Justices , having heard her complaint in this businesse , and having respect to the said Kings Precept , were willing to enquire and be informed touching the premisses ; and therfore yielded that an Inquision should be taken ; which was accordingly done by the said Iohn de Dakenham and his fellow Jurors : who said , upon their Oaths , that there had been time out of mind , and then were certain Lordships in the Town of Westhamme ; viz. the Lordship of Handlo , the Lordship of Lancastre , the Lordship of Placetz , and the Lordship of the Prioresse of Stratford ; and that antiently all the Lords of those Lordships met together , and agreed amongst themselves , that each Lord should have a certain part of the Bank of Thames belonging to his Lordship . And they said , that to the Lordship of the said Prioresse , there was assigned a certain parcell of that Bank , now called Priores-Wall ; and that the said Prioresse was obliged to make and repair the same Bank , at her own proper chardges , in such sort as the other Lords before-specified are theirs . And they said farther , that the defects then in that Bank might be made good for Cs.

And the said Prioresse , having heard the verdict of the said Jurors , alleged , that they had not in any thing made answer to what they had in chardge : Whereupon she required , that they might make a further answer . And therefore because the said Justices were not satisfied , that the above-mentioned verdict was sufficient for them to ground any judgement upon , by the tenor of their Commission , they appointed that the said Jurors should appear before them again , and have a new chardge for a better enquiry .

Whereupon they the said Jurors , together with Nicholas le Forestere , Richard le Saltere &c. also sworn and associated with them , came , and said upon their Oaths , that the said Iohn de Covele , long ago , viz. in the time of King Henry the third , held xliij Acres and a half , of Land , in the marsh of West Hamme , together with the said Bank , now called Prioreswall , which was then called Coueles-wall ; as also with a Hope adjoyning : which Land and Hope were then wholly chardged with the making and repair of the said Bank . And that afterwards the said Iohn , long before the Statute of Quia emptores terraram &c. being so seized , demised all the said Land , particularly , to divers Tenants , to be held of him the said Iohn and his heirs , by certain services , to be performed to him and his heirs for ever ; and that then he reserved to himself , the said Bank and Hope , together with the chardges of the same Bank ; and that he afterwards dimised the said Bank and Hope , to one Robert de Ku , to hold for ever , because that the said Hope did then afford Pasturage for ten Kine yearly in Summer time . And that afterwards the said Iohn did totally alienate all those his services , together with all his Fee and Lordship of all his Tenants and their Tenements , unto one Simon de Passelewe : And that afterwards , by divers alienations , so made from hand to hand , the same services , with the whole Fee and Lordship aforesaid , came to the hands of the said Prioresse , who did then enjoy the said services , and so likewise the said Fee , and service of all that Land .

And they farther said , that the before-specified Robert le Ku , whilst he held the said Banks and Hope , did undergo the chardge of the said Bank , all his time , as aforesaid : And that after his decease , the said Bank and Hope , came to the hands of one William de Rokeslee , and Ioane his wife , daughter and heir of the said Robert : in whose time , by reason of an extraordinary floud of the Thames , it was much spoiled and almost drowned : so that the said William and Ioane , considering the chardge of the Bank to be great , and that they should not for the future receive any more benefit of the said Hope , forasmuch as there was little of it left , they wholly relinquished the said Bank , and rendred it into the hands of the same Prioresse , then Lady of that Fee , as aforesaid .

And hereupon the said Jurors being asked , whether any part of the Hope did then remain , or not , they answered that there did not . And being farther asked who were then the Tenants of the said Lands , which had so belonged formerly unto the said Iohn de Covele ; and they said , that Iohn de Brumpton held xiij Acres thereof , Walter le Rooke two Acres &c. And being asked if the said Prioresse held any part of the said Marsh in demesne , or not ; they answered that she did not ; excepting a certain Rent of xiiijs. which she received of her said Tenants in the same Marsh , over and above the service due and accustomed unto Sir Iohn de Handlo chief Lord of the Fee .

And because it was found by the said Jurors , that at such time as the said Iohn de Covele held those Tenements in that Marsh , he then held them wholly chardged with the repair of the said bank &c. And that though by the alienation , which he made of the same Bank , together with the said Hope , he only chardged them with the repair of the said Bank as aforesaid ; by reason whereof , forasmuch as the said Hope was then gone , the same Bank lay so unrepaired , and became dangerous ; of necessity and according to the assize of the said Marsh , recourse ought to be , to all the said Tenements , formerly and of antient time , as aforesaid , chardged therewith ; and to lay a new chardge upon them for that repair : therefore it was decreed , that all the said Tenements , which formerly did belong to the said Iohn de Covele , within that Marsh , to whose hands soever they had come , should be retained and chardged , for the future , to the making , repairing , and maintaining thereof . And , that all and singular the Tenants of the said Lands , for the time being ; as also all others who were to have any benefit of them , should be assessed for the repair of whatsoever defects should afterwards happen in the said Bank , as often as need required ; viz. every Tenant or person receiving such benefit , according to the proportion of his holding , for ever : And that the said Prioresse should not thenceforth be distrained and compelled to any repair thereof , or contribution thereto , above the rate of her due proportion of what she held .

And that these , and all other the Banks in this County , might be the better preserved for the future , several Commissions were frequently issued out to sundry persons of note in these parts ; viz. in 12 E. 3. to w w Pat. 12 E. 3. p. 3. m. 16. Iohn de Brianzon , Henry Gernet , Humfrey de Northwode , Benedict de Ditton , Will . de Tendring , and Richard de Henham . In 15 E. 3. to x x Pat. 15 E. 3. p. 1. m. 22. in dorso . Will . de Wauton , Henry Garnet , Henry Darcy , Will . de Treye , Benedict de Ditton , and William de Tendring . In 19 E. 3. to y y Pat. 19 E. 3. p. 1. m. 27. in dorso . Richard de Kelleshull , Henry D'arcy , Will . de Tey , and Benedict de Ditton ; and in 24 E. 3. to z z Pat. 24 E. 3. p. 3. m. 15. in dorso . Richard de Kelleshull , Thomas Tirell , Iohn de Bergholt , and Iohn Samkyn of Berkyng .

In 26 E. 3. upon a sute a a Plac. in term . Pasch. 26 E. 3. ot . 12. Esse● . touching the clensing of the River betwixt Haveryng and Reynham , the Jurors found , that the Prior of S. Iohns of Jerusalem ought to do one half thereof , which was then choakt up , to the midst of the stream , towards the Land of the said Prior , in Reynham , only : And that every Tenant on that side towards Haveryng , should do the like for that towards their own Land .

In 27 E. 3. Iohn de Staunton , Henry Darcy , Thomas Yonge , Iohn de Rokewode , William de Rokeswelle , Will . de Horneby and Iohn de Tendring were appointed b b Pat. 27 E. 3. p. 1. m. 3. in dorso . to view and repair the Banks &c. betwixt Berking and Est-Tilbury . In 29 E. 3. upon several breaches in the Banks , within the Hundred of Dansey , through the violence of the tides , Iohn de Coggeshale , Iohn de Newport , Simon de Ogremount , and Iohn Gamen of Tyllingham , were constituted c c Pat. 29 E. 3 p. 1. m. 19. in do●so . Commissioners for their repair . By which Commission to take so many labourers , as should be needful for that businesse , aswell of those as had been before imployed therein , as others , born within Liberties and without , where they should see fit ( the Fee of the Church excepted ) and to settle them in the work : as also to arrest and imprison all such as they should find refractory therein , till the said King should think fit to dispose of them otherwise .

In 30 E. 3. Iohn de Haveryng , Henry Darcy , Thomas Yonge , Iohn de Rokewode , and others , were d d Pat. 30 E. 3. p. 1. m. 4. in dorso . assigned , in like sort , for those betwixt Berkyng and Est-Tilbury : So also in 32 E. 3. were e e Pat. 32 E. 3. p. 1. m. 30. in dorso . Iohn de Haveryng , Iohn de Bolyngton , and others .

In this 32 year of E. 3. it was by the Jurors at Stratford-Langthorne , g g Inter Brevia & Recorda de Walliis & fossatis &c. de an. 32 E. 3. p. 1. presented ; that the Tenants of Haveryng had suffered the Chanel betwixt the said Lordship of Haveryng , and the Lordship of Reynham , to be so stopped up , as that the stream , which ought to passe that way , was so much hindred thereby , that it almost drowned the Pastures of the Commonalty of Havering , lying neer that Chanell , to the great damage of the said Commonalty : which Chanel every Tenant , on Havering side , ought to clense , towards his own Land : The Shireeve therefore was commanded to summon the said men of Haveryng to answer thereto . Who appeared accordingly in the Kings bench at Westminster , on the Octaves of S. Hillarie ; viz. the master of the House of Hornchirche , Iohn atte D●une &c. And being required to say what they could for themselves , why each of them ought not to repair and scour the said Chanel , on Haveryng side , towards their own Land , as it was presented ; the said Master , and the rest said ; that neither they , nor any of their Predecessors , or Ancestors , Tenants of the lands aforesaid , did ever scour or repair the same , nor of right ought so to do ; and thereof they did put themrelves for tryall , upon the Country . And Simon de Kegworth , then the Kings Attorney , said ; that they the said men and Tenants ought to repair and clense the same Chanel , as it was before presented ; and this he offered to prove on the said King's behalf , by the Country . Whereunto the said Tenants assenting , the Jurors were brought ; and upon their Oaths , said ; that the said Master and others ought of right to repair and clense the said Chanel , towards Haveryng , against their own land , as it was before presented : Therefore it was adjudged , that they should be distrained so to do &c.

After this about two years , the like Presentment h h Plac. coram Rege term . Trin. 34 E. 3. rot. 20. Essex . was made against the Prior of the Hospital of S. Iohn of Ierusalem , and Sir Iohn de Staunton Knight , viz. that they had injuriously suffered the said River betwixt Haveryng and Reynham to be choakt up , so that the course of the water , which had wont to passe through that Chanel , did by the said obstruction , drown the Pastures of the Commonalty of Haveryng , which lay neer the same River . Which Iohn being dead after that presentment so made ; it was decreed , that his heirs should be distrained . But it being proved , that his wife then held those his Lands , and that she gainsaid not , but that she was ready to clense the one moytie of the said Chanel , to the mid stream , on her own side ; and likewise that the Tenants of Havering ought to clense the other moytie , on their side , the said Prior was dismist .

In 36 E. 3. Sir Iohn de Haveryng Knight , Iohn de Cavendishe , Iohn de Gildesburgh , and others , were made i i Pat. 36 E. 3. p. 1. m. 33. in dorso . Commissioners for the repair of the B●nks &c. betwixt Berking and E●t-Tilbury ; with direction to proceed therein according to the Laws and Customes of this Realm . The next year following , ☜ Sir Will . de Wa●ton Knight , Thomas Torell , and Thomas Belhouse had k k Pat. 37. E 3. p. 1. m. 46. in dorso . the like Commission , for the Banks at West-Thurrok . So also in 43 E. 3. had l l Pat. 43 E. 3 ● . 2. m. 19. in dorso . Thomas de Lodelowe , Hugh de Badewe , Thomas Yonge , Iohn A●brey and Will . Naffe●ton for those at Est-Hamme West Hamme & Berkyng . The like m m Pat. 44 E. 3. p. 1. m. 33. 〈◊〉 do●so . in 44 E. 3. had Sr Hen. de Grey of Codnore Knight , Sir Rob. de Marny Knight , Iohn de Goldesburgh , and others , for those upon the water of Markediche ; and others , upon the coast of Thames , betwixt Berkyng and Est-Tyllebury aforesaid .

Other Commissions in the same Kings time , were these ; viz. n n Pat. 48 E. 3. p. 1. m. 30. in dorso . in 48 E. 3. to Robert Bealknap , Iohn de Bampton , and others , for the Banks between Stratford atte Bowe and Est-Tilbury .

In 49 E. 3. to o o Pat. 49 E. 3. p. 1. ● . 10. in dorso . Sir Hugh de Badewe Knight , Sir Iohn de Sutton Knight , Sir Raphe de Poley Knight , and others , for those in Bradwell . As also to p p Ib●d. m. 9. in dorso . the Abbot of Stratford , Nich Carreu , Iohn Aubrey and Roger Germeyn , for those at Est-Hamme and West-Hamme ; with appointment to act therein according to the Law and Custome of this Realm . And likewise to q q Ib. m. c. in do●s● . Nich , Carreu , Robert Bealknap , Will . Tank , and others , for those in the Marsh of the Abbesse of Berkyng . And moreover to r r Ibid. m. i. i● do●so . the said Nicholas , Robert Bealknap , and Robert de Teye , for several other Banks in divers Marshes within this County .

In 50 E. 3. to s s Pat. 50 E. 3. p. 1. m. 30. in do●so . the Abbot of Stratford , Nich. Carreu , and Will . Halden , for those from the Town of Stratford atte Bowe to Berkyng : So also to Sir Will . de Wanton Knight , Roger Mareschall , Thomas de Belhous , and Roger Germayn , for those at West Thurrok . In 51 E. 3. to t t P●t. 51 E. ● . p. 1. m. 41. in do●so . Robert Bealknap , Thomas Maundevill , Rob. de Teyes ● and others , for the Banks in several Marshes and places of this County . And in 1 R. 2. to u u Pat. 1 R. 2. p. 1. m. 25. in dorso . the Abbot of Stratford , Nich. Carreu , Will . de Halden , Iohn Auberey , Iohn Bampton , William Rykhill , and Roger Gremyn , for those from Stratford a●te Bowe to Berkyng .

In 2 R. 2. Sir Henry de Grey of Wilton , Sir Albred de Vere , Sir Will . Berland , Sir Will . Wauton , Sir Iohn Symond , Sir Iohn Chaneeux Knights , Geffrey Darsham , Rob. Rigdon , and others , had the like w w Pat. 2. R. 2. p. 2. m. 32. in dorso . Commission for the view and repair of the Banks in sundry Marshes through this County , which were then in decay ; and power to choose and take so many Carpenters , with other Artificers and Labourers , as should be needful for that work , wheresoever they might be found in this County , aswell within Liberties as without , excepting the Fee of the Church ; and excepting such as were assigned for the said King's special service ; and to imploy them therein ; imprisoning such as they should find refractory . The next year following Sir Will . de Wauton Knight , Iohn de Middleton , Roger Marescall , Roger Germayn and Iohn Stody , were x x Pat. 3 R. 2. p. 1. m. 44. in dorso . in like sort assigned , for those upon the coast of Thames , and the Garden of Farndon , unto the Church of West Thurrok . So also in y y Pat. 4 R. 2. p. 1. m. 17. in dorso . 4 R. 2. were the Abbot of Stratford , Henry Asty , and Laurence Allerthorpe , for those at Esthamme and West-Hamme .

In 8 R. 2. the Abbot of Stratford , Nich. Brembre , Maior of the City of London , Robert Bealknap , Nich. Carreu , Will . Rykehill , Richard Ryall and Roger Germyn , were z z Pat. 8 R. 2. p. 1. m. 39 in dorso . appointed , as aforesaid , for the view and repair of the Banks from Stratford atte Bowe to Berkyng . So also were a a Pat. 8 R. 2. p. 2. m. 29. in dorso . Rob. Bealknap , Will . Wauton , Iohn Guldesburgh and others , for those in the Marshes of Barking and Dakenham ; and to act therein according to the Law and Custome of the Marshes , before that time exercised in those parts . And in 15 R. 2. Iohn Radyngton Prior of the Hospital of S. Iohns of Ierusalem in England , Sir Iohn Deyncourt Knight , Will . de Horbury Clerk , Thomas Newenton , and others , had b b Pat. 15 R. 2. p. 1. m. 15. in dorso . the like appointment for those betwixt Reynham and Alvytheley ; and to act as aforesaid .

But though by the great care , which the Kings of this Realm had , for the preserving of divers coasts from inundation , that lay thus in danger of the tides ; and the safeguard of those as had by great iudustry been won from the overflowing of the Sea ; much advantage did accrue to the Common wealth : yet such hath been the violence and irresistable force of that element , being agitated by high and boysterous winds , that notwithstanding the utmost endeavours that could be used for prevention thereof , it sometimes wasted and consumed much in other places ; of which , sundry examples might be given , were it requisite ; but I shall only instance in one ; viz. of the Lands and Marshes belonging to the Abby of S. Osithes in this County , whereof I find c c Ex aut●gr . in bibl. Cott●nian● . mention in a Petition exhibited unto Robert de Braybroke , Bishop of London , in the time of King Richard 2d. and to the Dean and Chapter of that Church , by Sir Albred de Vere Knight , who thereby sheweth , that whereas that Monastery was situate neer the Sea coast , and had in it an Abbot and twenty Canons of the Order of S. Augustine , serving God there devoutly every day ; and that the revenues thereof were , through various mishaps , without their default , so diminished , that a great part of their sustenance was abated ; viz. in Southflete C Acres of their arable land , by the overflowing of the Sea , totally drowned : As also there and at their Beckarie of Coketwyk , in one Pasture , wherein at sometimes a C Kine and a thousand Ew-sheep might be kept , through the breach of the banks ' , and inundation thereof , then scarce Lxx Kine and eight hundred Ewes could be maintained . And moreover , that two Marshes , called Wyggebergh mers , and Holewyke mersh , in which six hundred Muttons might be yearly kept , were then through the continual tides dayly overflown , that scarce four hundred could be maintained . And that the Water-Mill situate in the Town of S. Osiths , and belonging to that Abby , which had been worth xxl. was by the Sea-tides so spoiled that it could not be repaired under an hundred pound chardge . And lastly , that the Marsh walls in that Town , in length three miles , which included a Pasture for Lxx Kine , and a thousand Muttons and Ewes , were so torn and broken at that time , that for the preserving of the same , there must be other banks made anew , and those old ones quitted ; so that a great proportion of the said Pasturage being for that respect to be left out , scarce fifty Kine and six hundred sheep could be there maintained : In consideration therefore of these losses , he petitioned that the Church of Elmestede might be appropriated to that religious House .

Very many Commissions have I afterwards also seen , for the view and repair of the Banks &c. in this County ; which I shall here only in a brief manner point at ; viz. in 9 H. 4. to d d Pat. 9. H. 4. p. 2. m. 21. in dorso . Will . Gascoigne , Will . Thirnyng , Iohn Cokayn and Robert Tirwhit , for those betwixt Stratford atte Bowe and Reynham . In 8 H. 5. to e e Pat. 8 H. 5. p. 1. m. 7. in dorso . Richard Baynard , Will . Cheyne , Richard Rede and Iohn Cornewailles , for those betwixt Stretford atte Bowe and Stretford Langthorn , on the South part the Road between those Towns , and the River of Thames : By both which Commissions they were to act according to the Law and Custome of this Realm .

In 17 H. 6. to f f Pat. 17 H. 6. p. 1. m. 29. in dorso . Iohn Bishop of Bathe and Welles , Sir Raphe Crumwell Knight , Iohn Fraye , Nich. Dykson and others , for those from Stratford atte Bowe to Horndone ; thence to Hokley ; and thence to Tolles●ery and Wybergh ; with power to make Laws and Statutes &c. according to those of Romeney marsh ; and to do all things touching the same repairs , according to the Law and Custome of that Marsh : As also to imprest so many labourers &c. for competent wages , as should be needful for that work &c.

In 18 H. 6. to g g Pat. 18 H. 6. p. 3. m. 5. in dorso . Sir Raphe Crumwell Knight , Iohn Fray , Robert Rollestone Cl●rk , and others , for all those betwixt the town of Ware and the River of Thames , upon the River of Leye .

In 26 H. 6. to h h Pat. 26 H. 6. p. 2. m. 23. in dorso . Peter Arden one of the Justices of the Common Pleas , and chief Baron of the Exchequer , Sir Thomas Tyrell , and Sir Maurice Bruyn , Knights , Iohn Bamburgh , Iohn Lymyngton , and others , for those betwixt Portflete mylle to Reynham flete ; thence to Reynham Church ; thence to Wenyngton Church ; thence to the messuage of Thomas Bernerde ; and thence to Portflete mylle before mentioned .

In 30 H. 6. to i i Pat. 30 H. 6. p. 1. m. 22. in do●so . the Abbot of S. Osithes , Iohn Godmanston Esquire , Iohn Grene , Robert Tanfield , and others , for those in the Hundred of Tenderyng . In 33 H. 6. to k k Pat. 33 H. 6. p. 1. m. 17. in dorso . Sir Thomas Tyrell Knight , Will . Notyngham , Robert Heworth , Will . Tyrell Esquire , Mathew Hay Esquire , and Will . Pert , for those betwixt S. Katherines Chapel upon Bowe bridge , in the Parish of West Hamme , unto Est Tilbury . In 34 H. 6. to l l Pat. ●4 H. ● . part● 〈◊〉 ca m. 23. in dors● . Sir Thomas Tyrell Knight , Will . Tyrell junior Esquire , Iohn Grene , Iohn Geney , and others , for those within the limits of Stratford atte Bowe to Horndone ; thence to Hokley ; and thence to Tolles●ery and Wyggeberghe .

In 1 E. 4. to m m Pat. 1 E● 4. p. 1. m. 11. in dorso . Will . Notyngham , Rob. de Heyworth , Thomas Heytone , Walter Wretille Esquire , and Will . Pert Esquire , for those from the Mill called Tempylmylle to the Chapel of S. Katherine upon Bolwebrigge , thence to Horndone &c. as in the last . In 9 E. 4. to n n Pat. 9 E 4. p. 1. m. 14. in dorso . Sir Will . Tyrell Knight , Thomas Urswyk , Humfrey Sterkey , and others , for those Banks from Est Hamme to Horndone ; and thence as afor●said . The like Commission o o Pa●. 49 H● 6. pa●t● unica m. 9. in dorso . , for the Banks in those very places , had Iohn Earl of Oxford , Sir Will . Tyrell Knight , Iohn Grene , Thomas Urswyk and others , in 49 H. 6.

In 16 E. 4. Sir Thomas Urswyk Knight , Sir Thomas Montgomerie Knight , Sir Iohn Say Knight , Iohn Elryngton , Will . Alyngton , and divers others , were appointed p p P●t. 16 E● 4. p. 2. m. 18. in dorso . to view and take order for the repair of all the Banks &c. upon the River of Leye , both above and below the Town of Ware , unto it's confluence with the Thames . And the next year following , the said Sir Thomas Urswyk , Peter Courtney Clerk , Alured Corneburgh Esquire , Hugh Bryce , and others , were in like sort appointed q q Pat. 17 E. ● . p. 1. m. 4. in dorso . for those Banks from Bowe-bridge to Raynham . In all which , from 6 H. 6. the said Commissioners were directed to proceed according to the Law and Custome of Romeney marsh ; and to make Statutes and Ordinances for the regulating of all things touching those Banks , Ditches , Sewers &c. in such sort as those are , which concern that Marsh , as by an Act of Parliament made in the same 6th year of King Henry the sixth , they were impowred ; which Act continueth in force at this day .

Forbearing therefore to give instance in more particulars , I shall cloze up this Chapter , touching the Marshes of the before-specified County , with what I have met with , An 36 El●z . touching the levell of Havering and Dagenham , at a Session of r r Ex●uod . de Sew●ri in Ca●ell R●tu●o●am . n. 4. Sewers held at Romford , xvi Maii 36 Eliz. before Sir Henry Gray Knight , Sir Iohn Peter Knight , Richard Warren Esquire , and others ; where , for the recovery of Havering marsh , then overflown and drowned , and preventing the like to Dagenham levell , it was decreed ; that Dagenham Creek should be immediately inned : and that whereas the said drowning had been occasioned by a breach in the wall of Will . Ayloff of Hornchurch Esquire , he the said William to pay the summ of ●ive hundred pounds , and the Land-hold●rs of Dagenham certain rates by the Acre , for all their marsh grounds lying in the said levell ; viz. the Lands on Dagenham side , against the said Creeks at CCLxvl. and the Lands in Havering levell the summ of DCCl .

Howbeit , these Banks being not made strong enough to withstand those tempestuous storms and violent tides , which hapned s s Ex bund . Decretorum in officio vocato the Petti-bag . in the month of September An. 1621. ( viz. 19. Iac. ) Cornelius Vermuden Gentleman ( an expert man in the Art of banking and drayning ) being treated withall by the Commissioners of Sewers , appointed for the view and repair of the breaches then made , undertook t t Ibid. the work , and p●rfected it : but such being the perversnesse of those , as were owners of the Lands assessed by the Commissioners ●o undergo the chardge thereof , that they neglected to pay their proportions thereof : upon complaint therefore made to the said Commissioners , he the said Cornelius in recompence of his chardges , had parcell of the said Lands assigned u u Ibid. unto him : which assignation , was by the Kings Letters Patents , bearing date 1ᵒ Aug. 1ᵒ Caroli [ reciting the Act of Parliament of 13 Eliz. cap. ix . viz. that where any person should be assessed by the Commissioners of Sewers , to any lot , and refuse or neglect to pay the same , the Land to be leased or past in fee simple , in recompence to the undertaker ] confirm'd w w Ibid. to him the said Cornelius and his heirs .

CAP. XVIII .

HAving now done with the Marshes in Essex , of which , by reason of their adjacency unto the Thames , I thought fit to take notice in this order as I have done ; I must , according to my designed method , return Southward , and before I come to Sussex of it self , observe what I have found touching that County and Kent , promiscuously .

In King Iohn's time , upon a sute a a Plac. de tem . Regis Ioh. Fragmenta sc. [ B ] rot. 3. betwixt the Archbishop of Canterbury & Prior of Lewes Plantiffs ; and Rob. de Denton , and others , concerning certain Sea-banks in those parts ; Robert de Marti ( who was one summoned upon that businesse ) appeared ; and did put himself upon the men of the Archbishop , in Mauling , & of the Earl Warren in Pidingho and Metinges , for the repair of those banks , in such sort as they ought and had wont to be .

A multitude of Commissions , through the reigns of sundry Kings , I do find , upon this occasion ; whereof the most are in general terms , for the view and repair of the Banks , Ditches , and Sew●rs , in both those Counties ; but some do expresse particularly in what places : unto all which I shall briefly point according to the course of time when they issued out ; viz.

To b b Pat. 27 E. 1. m. 12. in do●so . Robert de Setvans , William de Hastings , and William Maufe , in 27 E. 1.

To c c Pat. 28 E. 1. m. 25. ●n dorso . Henry de Appletrefeld , Robert de Setvans and others , in 28 E. 1.

In 30 E. 1. to d d ●at . 30. E. 1. m. 13. in do●so . Lu●as atte Gate , Robert de Setvans , Will . Maufe and William Colebrand .

In 31 E. 1. to e e Pat. 31 E. 1. m. 34. in dorso . Robert Paulyn , Robert de Septem Vannis , Will . de Hastings , and Lucas atte Gate . In 32 E. 1. to f f Pat. 32 E. 1. m. 22. in dorso . VVill. de Echingham , Robert de Passeleye and Henry VVardeden . As also to g g Ib. m. 15. i● dorso . Iohn de Buran , VVilliam Maufe and Lucas atte Gate .

In 34 E. 1. to h h Pat. 34 E. 1. m. 6. Iohn Malemeyns , Lucas atte Gate , and Robert Paulyn , for those Banks , Ditches &c. in the Marshes of Pychardesbroke , and Kechenhammebroke , and elswhere in the said Counties .

In 35 E. 1. to i i Pat. 35 E. 1. m. 14. in dorso . VVill . Pyrot , Iohn Malemeyns , Iohn de Gosehale , and Henry de Bugthorpe .

In 1 E. 2. to k k Pat. 1 E. 2. p. 1. m. 8. in dorso . Iohn Malemeyns , Lucas atte Gate , and Robert Paulyn , for the Banks &c. in the Marshes of Mayhamme and Losenhamme .

In 7 E. 2. to l l Pat. 7 E. 2. p. 1. m. 24. in do●s● . Iohn Malemeyns of Stoke , Robert de Echynghamme , and Mathew de Knelle , for those on both sides the River of Newendene , betwixt Mathew and Bodihamme bridge .

In 10 E. 2. to m m Pat. 10 E. 2. p. 2. m. 15. in dorso . Robert de Bardelby , and Edmund de Passele , for those in the Marshes betwixt the Redehulle and the Town of Roberts-Brigge , on each side the River Lymene .

In 14 E. 2. to n n Pat. 14 E. 2. p. 2. m. 5. in dorso . Iohn de Ifeld , Iohn Malemaynes of Hoo , and Richard de Echi●ham , for those in the Marshes betwixt the Town of Apuldre and Roberts-Brigge , on each side of the said River of Lymene .

In 17 E. 2. to o o Pat. 17 E. 2. p. 1. m. 3. in dorso . Stephan de Cobham , Iohn Filoll , & VVill. de Robertsbrigge , for the same . So also to p p Pa●. 17 E. 2. p. 1 m. 3● . in dorso . VVill. de Echyngham , Robert Bataill , and VVilliam de Robertsbrigge .

About the beginning of E. 3. time , it being found by an Inquisition , * * Pat. 6 E. 3. p. 1. m. 2● . taken before VVill . Truslell , then the King's E●ca●tor on this side Trent , that the Chanel of a certain River , running betwixt the Lands of Geffrey de Knelle , and Isabell Aucher , between a certain place , called Knellesflete , in the confines of these Counties , and the Town of Robertsbrigge in Sussex , was so much enlarged , by the flowing of the Sea-tides into it , that six hundred and fifty acres of land , part belonging to the said Geffrey , and part to others , were thereby totally drowned and consumed : And that a certain Causey , which is the common high way lying betwixt the Land of Iohn de la Gate , in the said County of Sussex , and the bridge of Newendon ; as also the said bridge , were broken and demolished by those tides ; and moreover , that divers lands , in the said parts , would in a short time be drowned and destroyed , except a speedy remedy were had : And likewise , that it would not be to the damage or prejudice of the said King , or any other , if he did grant license to the said Geffrey and Isabell , and to other persons having lands contiguous to those places , to exclude the said tides ; and to raise a Bank at Knellesflete aforesaid betwixt the lands of the said Geff. & Isabell , in that place , to resist the said tides , for preservation of the lands , way , & bridge aforesaid ; to the end that the antient course of that River , might be preserved by sufficient Gutters , placed in that Bank : And , that unlesse it were by such an exclusion of the Tides , by making of such a Bank , that the said Lands , way , and bridge could not be in safeguard . The King therefore , being careful in all respects to provide for the defence of this his Realm , as was fit ; granted license to the said Geffrey and Isabell ; as also to all those who were like to have advantage by that exclusion ; that they should raise a certain Bank at Knellesflete before-mentioned , for that purpose ; and to make sufficient Gutters therein , for the issuing out of the said fresh water ; and to repair the same Banks and Sluces , being so made , when and as often as ne●d should require .

In 10 E. 3. VVill. de Robertsbrigge , VVill. de Recolvere , Ioceline de Gatele , and Robert Bataille were constituted q q Pat. 10 E. 3. p. 1. m. 16. in dorso . Commissioners to oversee the making of certain Sluces , Banks and Gutt●rs for the safeguard of the lands of divers Tenants in the Towns of Wightresham , Idene , and Pesemershe ; and to assesse all such as had lands in those parts , which were to take benefit thereby , for the performance of that work , according to the proportion of what they held .

About the same time , upon another Inquisition taken , it being certified , that r r Pat. 10 E. 3. p. 2. m. 9. in dorso . by the ebbing and flowing of the tides , into a certain stream of fresh water , running betwixt the Lands of the before-specified Geffrey de Knelle , and Isabell Aucher , between Knelleflete above-mentioned , and the said Town of Robertsbrigge , six hundred and fifty Acres of Land , belonging to the said Geffrey and others , were drowned ; the King thereupon granted the like license to the said Geffrey and Isabell , to raise a certain Bank , at Knellesflete , to restrain those Tides ; as also to make Sluces , and sufficient Gutters , for evacuation of the said fresh water , so that the antient course thereof might be preserved . And afterwards did appoint Roger de Bavent , Roger de Hegham , Thomas de Lincolne , and Will . de Northo , to oversee the making of that Sluce , and raising of the said Bank ; and ●o ordain assessments , and to distrain all such , as by the said Inquisition should be thought needful , to contribute to the chardge of that work , according to the proportion of their holding : which Banks , Gutters , and Sluce being accordingly made ; and the said King informed , that they were grown to decay , did by his Letters s s Ibid. Patents , bearing date at the Tower of London on the 8th day of Ianuary , in the said tenth year of his reign , constitute Will . de Orlauston , Thomas de Gillingham , Stephan de Padiham , and Iohn de Betenham , to take view of them , and to provide for their repair .

But in 22 E. 3. there being t t Pat. 22 E. 3. p. 1. ● . 11. in dorso . a Petition presented to the King , on the behalf of Iames de Echingham ; and on the morrow after the Feast of S. Hillarie , exhibited before the said King and his Councel , in his Parliament then held at Westminster ; importing , that those Lands might have been preserved , by the repair of the old Banks , on the verge of that River ; and that the Bank made , by virtue of the said King's Letters Patents , before mentioned ( which thwarted the said stream ) was raised aswell to the damage of the said King , as of him the said Iames ; forasmuch as thereby , such ships and Boats , which had used to passe with victual and other things , from divers places in these Counties of Kent and Sussex , unto his Mannour of Echingham , through this Chanel , were then hindred : as also to the destruction of his Market Town of Salehurst , situate upon the said River , and of his Market there , which by the course of that water had been supported ; and out of which the said Iames and his Ancestors had used to receive Toll and many other commodities : the King therefore , taking the same into consideration ; and that the said Iames was no party to the before-specified Inquisition ; nor at all called at the taking thereof , did revoke his said Letters Patents , and command , that the said Bank should be demolished . And desiring to be certified , whether the said lands , might be preserved by the repair of those old Banks on the verge of that stream , or not ; and whether the said Bank , so raised athwart that stream , were to his damage , or the damage of any other person ; did by his Letters u u Ibid. Patent , bearing date the 8th of April in the year abovesaid , assign Iohn de Strode , Iohn de Ore , Robert de Sharnedene , and Philip en la Wyke , to enquire , and certifie the truth thereof .

And after this about two years , Tho. de Passele , Thomas de Pympe , Stephan Scappe , Will . de Haldene , and Will . de Wystresham , were also appointed w w Pa●. 24 E. 3. p. 3. m. 13. in do●so . to take a new view of these Banks .

In 25 E. 3. Stephan Scappe , Will . de VVightresham , VVill. de Pageham , and Stephan Donet , were assigned x x Pat. 25 E. 3. p. 2. m. 5. in do●so . to view and take order for the repair of the Banks &c. in Promhell marsh , betwixt Long Shotteswall , and West-hevedeswall , Newlandeswall , Uetereswall , and Scalloteswall , in the confines of these Counties . In 27 E. 3. VVill. de Clinton Earl of Huntingdon , VVill . Fifhide , Reginald del Dik , Iohn de Ore , Stephan Scappe and Iohn de Hodlegh , had y y Pat. 27. E 3. p. 2. m. 22. in do●so . the like assignation , for the Banks betwixt Apuldre and Robertshrigge . So also , the year following , had Stephan de Valoignes , VVill . VVaver , Iohn Brode , Stephan Scappe , and VVilliam de VVightresham , for those in Promhell Marsh , before men●ioned .

In 30 E. 3. upon the complaint z z Pat. 30 E. 3. p. 1. m. 23. in do●so . of divers persons in the Marshes on the Sea coast , betwixt Hethe , neer Saltwood in Kent , and Lewes in Sussex , and the parts adjacent ; that many men of those Counties , who had levyed and collected great summs of money of the Land-holders in the said Marshes , for repair of the Banks , Ditches &c. in the same , in the twentieth year of the said King's reign , and at other times ; and having so done kept the money to themselves ; so that the Banks , for default of that timely repair , which they should thereby have had , being grown ruinous , exposed the said Marshes and Lands to overflowing and drowning : the King therefore , by his Letters a a Pat. 30 E. 3. p. 1. m. 23. in do●so . Patents bearing date at New-Castle upon Tine , the 30th of Ianuary , in the year abovesaid , assigned Geffrey de Say , Raphe de Frenyngham , Will . de Fifhide , and others , to enquire ther●of .

In 37 E. 3. Rob. Belknap , Will . Haldene , Will . Top●live , Henry Gosebourne , and Iohn Lyvet , were made b b Pat. 37 ● . 3● . p. 1. m. 5. in dorso . Commissioners for the view and repair of the Banks &c. in Promhell marsh . So also , the same year , were c c P●t. 37 E. 3. p. 1. m. 28. in do●so . Will . de VVightresham , Stephan Donet , and others .

And the next year following , Sir Andrew Sakevill Knight , VVill . Haldene , ●nd VVill . Batesford had the like Commission d d Pat. 38 E 3. p. 1. m. 8. in ●orso . for those betwixt Hastyngs and Newendon .

So also in 40 E. 3. had e e Pat 40 E. 3. ● . 1. m. 24. in do●so . Rob. Bealknap , VVill . Haldene , and VVill . Horne , Robert de Ore and Iohn Lyvet , for those in the Parishes of Wightrisham , Eb●ene , Stone in Oxene , and Idenne .

In 42 E. 3. Thomas de Lodelowe , Robert Bealknap , VVill . Batesford and others , f f Pat. 42 E. 3. ● . 1. ● . 3. in dorso . for those in Promhell marsh . In 44 E. 3. Thomas de Lodelowe , Rob. Bealknap , Iohn Colepepere , VVill . Horne , Roger Ashburnham , and Iohn Edward had g g Pat. 44 E. 3. p. 1. m. 33 in do●so . the like for those betwixt Knellesflete before-mentioned , and the Town of Roberts●rigge . So also in 5 R. 2. had h h Pat. 5 R. 2. p. 2. m. 29. in dorso . Robert Bealknap , Edward Dalingrugg , Roger Ashburnham , Robert Echyngham , Iohn Edward and Iohn Broke . The like in 7 R. 2. had i i P●● . 7 R ● . p. 1. ● . 26. in do●so . Robert Bealknap , VVill . Ri●hill , VVill . Batesford , and others , for those betwixt Newendon and Echingham . So also , the same year , had k k Pa● . 7. ● . 2. p. 1. m. 26. in do●s● . the said Rob. Bealknap , VVill. de Halden , VVill. de Horne , VVill . Makenade , Iohn Lynot , and Iohn Franceys , for those in the Marshes of Lyde , Promhill , Middele and old Romeney . With direction to act according to the Law and Custome of this Realm , and the Custome of Romney marsh . And li●ewise l l Pat. 7. R. ● . p. 1. ● . 26. in do●so . the same Robert Bealknap , VVill . Horne , VVill . Betesford , Stephan Batenham , Will . Makenade , Will . Brenchesle and Iohn Fraunceys , for those Banks &c. betwixt Robertsbrigge and Smallyde .

In 31 R. 2. Iohn Devereux Constable of Dovor Castle , and Warden of the Cinque Ports , Thomas de Hungerford , Will . Rikhill , Will . de Horne , and others , were constituted m m Pat. 13 R. 2. p. 1. m. 34. in do●so . Commissioners for the view and repair of those Banks &c. between Bourne in Sussex , and Apuldre in Kent , and impowred to proceed therein according to the Custome of the Marsh , and the Law and Custome of this Realm .

In 1 H. 4. William de Makenade , and his fellow Commissioners , sitting at Apledoure on the Thursday next after the Feast of S. Valentine , to enquire of the defects in the Banks & Sewers within the Precincts of Smal Lyde & Promhelle , it was then and there found t t Ex ipso auto . penès Orland . Bridgeman , Eq. aur. anno 1659. ; that six hundred twenty and eight Acres of Marish , lying in a place called the Becard , which had long layn in danger of the Sea , and at that time were often overflowed , ought to be preserved and defended by a certain Bank , beginning at Fayrefeld's hole , in the said place called Becard , and so extending it self by the Sea-side , unto the Bank of the Prior and Covent of Christs-Church in Canterbury , towards the North ; which Bank ought to be made on that Sea-coast , at the common chardge of all persons receiving advantage and benefit thereby : and that the Abbot and Covent of Robertsbrigge , were then possest of CCLxxi Acres and an half of the said Marshes , for which they ought to contribute to the said chardge of making that Bank : and that Thomas then Archbishop of Canterbury , with the said Prior and Covent of Christs-Church , and certain other persons , were possessors of the r●s●due thereof ; for the which , every one of them , according to the proportion of what he so held was to contribute .

Upon which verdict there grew a dispute , betwixt the said Prior , and the Abbot of Robertsbrigge , the Abbot and his Covent alleging that their proportion of the said Marsh , so to be defended , was much greater than by that Inquisition the Jurors had found it to be ; for they said , that Henry sometime Earl of Augi , by a certain grant of his , gave to the then Abbot of Robertsbrigge ( Predecessor to the present Abbot ) and the Covent of that House , seven hundred Acres of Marish , in the Town of Snergate , aswell within the Bank as without ; of which they said that the marish then to be taken in , was parcell ; and to make good this their claim , did exhibit the Charter of the said Earl made time out of mind ; as also the Letters Patents of King Richard the first , and King Henry the third , with other Kings , ratifying the said grant .

Whereunto the Prior of Canterbury answered ; that upon the making of that Charter by the said Earl of Augi , there arose a controversie betwixt Alan then Prior of Christs-Church and his Covent , as Lords of the Mannour of Apuldre , within the Precinct whereof the said Marsh lay situate ; and Dionyse then Abbot of Robertsbrigge , and the Covent of that Monastery , for the title of that whole Marish ; and that , upon an amicable agreement then made betwixt them , the said Abbot and Covent did quit all their title thereto , unto the before-specified Prior and Covent of Christ-Church : But the said Prior and Covent , out of a pious regard to the wants of the said Abbot and Covent , did by their special favour , then grant them and their successors , one hundred Acres of those seven hundred ; viz. one hundred lying next to the Bank of the said Abbot and Covent , neer unto the Land of Adam de Cherringe , which at that time they had inclosed about the Newewodrove : and that this Agreement was by the before-mentioned Earl then ratified and confirmed , as the Instruments testifying the same , then exhibited , did fully manifest ; so that the said Abbot & Covent ought not to challenge any thing more in that marish , other than in those C Acres , so given to them as afor●said .

In consideration therefore of all the premisses , and circumstances thereof , and especially of the Antiquity of the Evidences produced on each part ; as also to the obscurity of the bounds and limits of the said Towns of Snergate and Apuldre , the perfect knowledge whereof , by reason of the great and continual inundation of the Sea , could not , or was ever likely to be well discovered : all parties therefore more desiring peace than strife and contention ; did unanimously agree ; that the said Prior and Covent of Christs-Church should release unto the Abbot and Covent of Robertsbrigge , and their successors , all their title to that parcell of land , called the Newewoderove , and in xxviij Acre of land , then newly inclosed in the B●ecarde , towards Apuldre ; and in the said CCLxxi Acres and a half of Land , then to be inclosed , in the Becarde , adjoyning to the said parcell of land , called the Newewoderove , lying in length under the Bank dividing the said Land of the Newewoderove , and the said Marsh so to be inclosed in the Becard , so that the said Prior and Covent of Christs-Church , nor their successors should have power to claim any right therein after that time .

And in like sort the said Abbot and Covent of Robertsbrigge , did release unto the said Thomas Archbishop of Canterbury , and to the Prior and Covent of Christs-Church , and their successors , all their right and title to the residue of that Marish , lying next to the Church of Fayrefelde towards the East , and the course of the Sea , passing from Rye to Apuldre towards the West ; and the bounds dividing the Counties of Kent and Sussex , towards the South ; so that they should chalenge no title therein from thenceforth .

Which agreement was so made by the said Instrument under their publick Seals , and beareth date at Canterbury on the xxth day of March , in the year before-mentioned .

In 2 H. 4. Thomas Erpyngham , then Constable of Dovor Castle ; Will . Brenchesle , Robert Oxenbrigge , Will . Marchaunt and others , had n n Pat. 2 H. 4. p. 3. m. 4. in dorso . Commission for the view and repair of those Banks and Sewers lying betwixt Farlegh in Sussex and Apuldre in Kent : with power to act therein according to the Custome of the Marsh , and the Law and Custome of this Realm .

The next year following , Will . Rikhill , Will , Makenade , Stephan Betenham , Will . Bertyn , Henry Horne , and Iohn Proude , had o o Pat. 3 H. 4. p. 1. m. 19. in dorso . the like , for those in the Marshes of Lyde , Promhull , Middele , and old Romney : with direction to do all things therein , according to the Law and Custome of this Realm , and the Custome of Romney marsh .

In 2 H. 5. Sir Iohn Pelham Knight , Richard Nortone , Thomas Colepepir , William Cheyne and others had the like Commission p p Pat. 2 H 5. p. 2. m. 37. in dorso . for the view and repair of the Banks , betwixt the Port and Town of Rye , and Bodyham bridge ; and to act therein according to the Custome of the Marsh , and the Law and Custome of this Realm .

In 5 H. 5. Robert Oxenbrigge , VVilliam Marchaund , Iohn Halle junior , VVilliam Cheyne , and Adam Iwode , had q q Pat. 5 H. 5. parte unica , m. 34. in dorso . the like appointment for those betwixt the Town of Rye in Sussex , and Ebbeneye in Kent : and to act according to the Custome of the Marsh , and the Law and Custome of this Realm of England .

So also in 7 H. 6. had r r Pat. 7 H. 6. p. 1. m. 8. in dorso . Sir Roger Fenys Knight , Henry Hoorne , Robert Oxenbrigge , Thomas Auger , Richard VVakeherst , and others , for those betwixt Bodyhain bridge in Sussex , and Smalhyde in Kent : with direction to proceed therein according to the Law and Custome of this Realm , and the Custome of Romney marsh : as also to take up so many labourers , upon competent wages , as should be necessary for the said work .

CAP. XIX .

I Now come to Sussex alone . Sussex . Where the first Commission Pat. 17 E. 1. m. 20. in dorso . of Sewers , that our Records do take notice of , was in 17 E. 1. being directed to Roger de Leukenore , and Lucas de la Gare.

The next year following , upon complaint b b Pat. 18 E. 1. m. 16. in dorso . made by the Abbots of Bataille and Bekeham ; as also by the Priors of Okeburne , Lewes , and Hastings , together with Baldwin de Aldham , and many others , who had Lands about Pevenesel marsh ; that whereas the King had assigned the before-mentioned Roger de Leuknore , and Lucas de la Gare , to take view of the Banks and Sea-diches neer the said Marsh , and to provide for the safeguard and defence , of all persons , aswel rich as poor , as had lands thereabouts ; the said Lucas , together with the Prior of Michelham , Will . de Donne &c. not prosecuting the said King's appointment and order , did begin to raise a certain Bank overthwart the Haven of Pevenesel , as also a Sluse ; intending to finish them ; so that the fresh water could not passe , through the midst of the said Marsh , to the Sea , by the same Haven , to the great peril of all persons there dwelling , and apparent drowning of their lands by the frequent overflowing of the said fresh water : For remedy thereof , the King therefore , by his Letters c c Pat. 18 E. 1. m. 16. in dorso . Patents , dated at Westminster 15ᵒ Iulii in the 18th year of his reign , constituted Iohn de Lascy , and VVill. de Echingham his Justices , to make enquiry , by the Oaths of honest and faithful men , touching the same ; and then to do therin according to their discretion .

In 23 E. 1. Will . de Stoke was associated d d Pat. 23 E. 1. m. 4. in dorso . to the before-mentioned Roger and Lucas , for the viewing and repair of the Banks &c. in this County .

In 31 E. 1. the King being informed , e e Claus. 31 E. 1. m. 2. that the Banks and Ditches , which had been made in the Marsh of Wynchelse , for the defence of his lands there , and preservation of the adjacent parts , were then so broken , by the overflowing of the Sea , that the said Lands were in danger to be drowned and lost : and that his Tenants of those lands , by reason of a certain antient composition made betwixt them , and the Tenants of other lands in that Marsh ; which was , that the said Kings lands , should be defended in such reparations , by the other Landholders there , refused to contribute to the repair of those Banks and Ditches : And being also informed , that the Tenants of the other lands , were not able to undergo those repairs , by reason of the great expence , which would be requisite thereto : Taking care therefore , of his own indempnity , and the preservation of those Marshes , he directed his Precept f f Claus. 31 E. 1. m. 2. to Thomas Alard , Guardian of his lands of that Marsh , commanding him , that he should , for the present occasion , cause an equal contribution to be made , out of those his lands , according to a just and proportionable Tax , with the said other Land holders ; lest for want thereof a greater losse might afterwards happen ; for which he the said Thomas was to receive allowance out of the Exchequer .

But after this , the very next ensuing year , upon an Inquisition g g Claus. 32 E. 1. m. 17. taken by Rob. de Septem Vannis , Will . de Hastyngs , and Robert Paulyn , whom the King had assigned to take view of the Banks and Ditches in this County , and to cause them to be repaired ( which was returned into the Chancery ; ) it was found , that the said Marsh of Winchelse , could not be defended and preserved by the old wall , situate towards the East : and that if it ought to be defended , it would be necessary to have a certain new Bank there , of the length of CCCL . Perches : and that the said new Bank , could not be made by those , who according to the antient composition before-mentioned , had wont to repair that old bank ; forasmuch as they , who were in that sort lyable to the repair of the said old bank , were not able , in regard of the diminution of their lands , to bear the whole chardge thereof themselves : He therefore directed another Precept h h Claus. 32 E. 1. m. 17. unto the said Thomas Alard , requiring him to take care , that such contribution should be made thereto , out of his own lands , and the lands of others , as is above exprest . And hereupon the said King issued out a Commission to the said Robert , William and Robert , to see that the contribution which the said King's Bayliff was to make therein , should be well and also faithfully assessed .

A multitude of other Commissions were afterwards granted to sundry persons , for to take care of the banks in the other Marshes of this County ; viz. in 1 E. 2. to i i Pat. 1 E. 2. p. 1. m. 10. in dorso . Iohn Malemeyns , Lucas atte Gate , and Robert Paulyn , f●● those in Pevenese marsh .

In 2 E. 2. to k k Pat. 2 E. 2. m. 22. p. 2. in d●●so cedula . Will . de Echingham , Henry de Wardeden , and Iohn Fylol , for those in the Marshes of Wylting . And the same year , to l l Pat. 2 E. 2. p. 2. m. 23. in dorso cedu●ae . Robert de Clyderho● , and Iohn Fillol , for all the Marshes in this County .

In 3 E. 2. to m m Pat. 3 E. 2. m. 38. in do●●o . the said William , Henry and Iohn , for those in the Marshes of Fothie , and Wyltyng . And the same year to n n Ib. m. 26. in dorso . Robert de Clyderhou , Iohn Fyliol , and Iohn de Brydeney , for those in Pevensey marsh .

In 4 E. 2. to o o Pat. 4 E. 2. p. 1. m. 16. in dorso . Robert de Passel●y , Henry de Wardeden and Iohn Filliol , for those Banks in the parts of Tillingham , by which the Marshes of Tillingham and Est-Wytenham were wont to be defended both from the overflowing of the fresh and salt waters .

In 5 E. 2. to p p Pat. 5 E 2. p. 1. m. 8. in dorso . Henry de Wardeden and Iohn Fillol , for those in the parts of Northie and Lullingtone .

In 7 E. 2. to q q Pat. 7 E. 2. p. 2. m. 18. in dorso . Iohn Heringod , Iohn Filol , & Will . de Sneylham , for all those upon the Sea-coasts , throughout this County . And so also the same year , to r r Ib. m. 2. in dorso . Andrew Peverell , Will . de Northo , Iohn Filiol , and Will . de Snaytham .

In 8 E. 2. to s s Pat. 8 E. 2. p. 1. m. 4. in dorso . Iohn Heryngaud , Iohn Filiol , and Iohn de la More , for those in the Marsh of Filesham , Boxle , Wyltyng , and Crawherst .

In 9 E. 2. to t t Pat. 9 E. 2. p. 2. m. 17. in dorso . Edm. Passheleye , Stephan Alard of Wynchelse , and Mathew de Knolle , for those in the parts of Tillingham before-mentioned .

In 10 E. 2. to u u Pat. 10 E. 2. p. 1. m. 38. in dorso . Will . de Echyngham , Andrew Peverell , Iohn Filiol , and Will . de Sneylham , for all those upon the Sea-coasts , throughout this County . The like Commission w w Pat. 11 E. 2. p. 1. m. 9. in dorso . had Will . de Echyngham , Iohn de Ifeld , William de Northo , and William de Snaylham , in the same year .

In 13 E. 2. to x x Pat. 13 E. 2. m. 27. in dorso . Henry Beaufiz , Iohn de Bergham , and Iohn Dalingrugge , for those in the parts of Pevenesey and Hastings . So also the same year , to y y Ib. m. 36. in dorso . the said Henry , Andrew Lutterell , and Iohn Dalingrugge .

In the tenth year of Edward 2. the said King , at z z Claus. 15 E. 2. m. 35. the request of Robert de Sapy , in consideration of his good and faithfull service , granted by Charter , unto the said Robert and Aliva his wife , liberty to inclose as much of Pevenese marsh as was then overflowed , and in the occupation of no man ; and to hold it of the said King and his heirs during their two lives , for a pair of gilt Spurs , to be paid into the said Kings Exchequer every year upon the Feast day of S. Iohn Baptist. But forasmuch as the said Robert and Aliva did take no benefit of that grant , but delivered in their said Charter into the Chancery , to be cancelled ; the King by his Precept a a Claus. 15 E. 2. m. 35. , dated at Westminster 13 August , in the 15th year of his reign , commanded the Barons of his said Exchequer , to supersede their demand of the said Spurs .

In 16 E. 2. Edmund de Passele , Will . de Northo , and Will . de Robertsbrigge were b b Pat. 16 E 2. p. 2. m. 12. in do●so . appointed to view and take order for repair of the banks &c. at Wortling and Pevenese , and elswhere in this County .

In 18 E. 2. Giles de Briaunzon , Iohn Filol , Will . de Robertsbrigge , and Iohn de Dalingrigge had c c Pat. 18 E. 2. p. 2. m. 5. in dorso . the like appointment , for those in the parts of Pevense and Hastings .

In 5 E. 3. Will . de Robertsbrigge , Robert de Sharden , and Thomas de Wyvill , had d d Pat. 5 E. 3. p. 2. m. 32. in dorso . the like for those in the Rape of Hastings . So also in 6 E. 3. had e e Pat. 6 E. 3. p. 3. m. 3. in dorso . Thomas de Faversham , Richard de Grosherst and Robert de Bataille , for those in North-mershe , neer Rye , and Spadelond mersh , betwixt Wynchelse and Damse wall . The like in 8 E. 3. had f f Pat 8 E. 3. p. 2. m. 19. Thomas de Faversham , Will . de Robertsbrigge , and Gosceline de Gatele .

About two years afterwards , the King , directing his precept g g Claus. 10 E. 3. m. 28. to Will . de Robertsbrigge , Robert de Shardenne , and Robert Bataille , wherein he recited , that whereas he had assigned them the said William , Robert and Robert , or any two of them , to view the Banks and Water-gangs in the marsh called Northmershs , neer Rye , and in the marsh of Spadelond , betwixt Wynchelse and Daunswall , and in other Marshes adjoyning ; and to enquire by the Oaths , aswell of Knights as others , through whose neglect the defaults in those Marshes had hapned : And that whereas by Inquisition , taken by the said William , Robert and Robert , it was , amongst other things found , that there were Cxxviij acres of land in the said marsh , which did belong to the King's Mannour of Ihamme ; and that the said King's Bondmen there , held of him xxx acres of land , called Spadelond , in the said Marsh ; as also that the said King's lands and the lands of others , could not be preserved , except a contribution were made out of them for necessary chardges tending to such their safeguard : And that they the said Commissioners had forborn to proceed farther therein , because they had not power to compell the said King thereto , as by the ●●nor of the said Inquisition appeareth . He therefore , for prevention of the damage and peril , which for default of such repair of those banks &c. might happen being willing , that in what concern'd himself , all should be done according to reason ; commanded them the said William , Robert and Robert , that they should assesse his said Lands , for contribution to those repairs , according to the quantity of them , as they did others for theirs . And moreover gave command to Stephan Padiham , his Bayliff of Ihamme , that he should contribute , out of the profits of that Mannour , towards those repairs , according to the proportion of what the said King held in those Marshes , in such sort as others did ; to the end that the said repairs might not any wayes be retarded .

In 14 E. 3. Geffrey de Cotes , Thomas de Weyvill , and Philip de Ellevenwyk , had h h Pat. 14 E. 3. p. 1. m. 33. in dorso . Commission for the view and repair of the banks &c. on the Sea-coast , in the Marsh neer Pevenesey and Willingdon , and those adjacent . And the like Commission i i Pat. 15 E. 3. p. 3. m. 11. i● dorso . , in 15 E. 3. had Iohn de Frenes , Will . de Notton , Rob. de Sharenden , & Thomas de Battenham , for those betwixt Bremesley in the Parish of Bixle , and a place called the Slough , lying betwixt Pevenesey and North Eye .

And in 16 E. 3. the King , by his Precept k k Claus. 16 E. 3. p. 2. m. 26. , directed to Iohn Clynde , then Bayliff of his Mannour of Ihamme , wherein he reciteth his commands to Stephan Padiham , his Bayliff of the same Mannour , in the 10th year of his reign ( as I have already shewed ) and the necessi●y of the repair of those Banks in Northe mershe and Spadelonde , gave him also strict chardge , that he should not omit to contribute , out of the revenue of that Mannour , according to the proportion which he the said King had in those Marshes , in such sort as others did for their Lands ; forasmuch as the said Banks were at that time , for the most part , very ruinous .

But notwithstanding this great care , which it appears the King had , the work was not perfected of three years after : for in 19 E. 3. I find the like Precept l l Claus. 19 E. 3. p. 2. m. 12. directed to the same Stephan , who was , again , his Bayliff of the said Mannour in that year .

In 17 E. 3. Sir Andrew de Sakevill , Sir Andrew Peverell , Sir Iohn de Fiens Knights , and William de Sessingham had m m P●t . 17. E. 3. p. 2. m. 6. in dorso . Commission to view and repair the Banks &c. in Wretling , Hoo , Nonfield , Ashburnham and Bixle , Pevenesey , Shipegongebrigge , and also Piglynde .

What was done in that Marsh of Spadelonde , before mentioned , in pursuance of the said Kings Precept , I cannot say : but this is certain , that within few years after , through the force of great Tempests , the Sea-banks betwixt Winchelse and Dauneswalle ; and betwixt Pykammyll and Trecherie , were so broken and decayed , that as well the Kings Lands , as the Lands of divers other persons , in that Marsh , were overflowed at every Tide ; to the danger of their utter ruine , and the apparent depauperation of the Town of Winchelse , and the parts adjoyning : The King therfore , for the speedy repair thereof , did in the 25 of his reign assign n n Pat. 25 E. 3. p. 1. m. 23. in dorso . Iohn de Ore , Stephan de Horsham , Robert Arnald , and Will . de Pageham his Commissioners , to view them , and to take order therein .

In like sort , in 32 E. 3. were o o Pat. 32 E. 3. p. 1. m. 30. in dorso . Sir Iohn Waleys , Sir Hugh de Boucy Knights , Thomas de Thorpe , and others , appointed Commissioners , for the view and repair of those , in a certain place , called Pende , betwixt the Towns of Brembre , Shorham and Launcyng . So also in 33 E. 3. were p p Pat. 33 E. 3. p. 1. m. 29. in dorso . Iohn de la Lee , Andrew Saukevill , and others , for those Banks in the Marshes of Pevenesey , Bourne and Wylyngdon . The like q q Pat. 34 E. 3. p. 1. m. 17. in dorso . Commission had they , the year following , for those in the Marshes of Peveneseye , Wylyngdon , and Estburne , between Hastings and Sefford and the parts adjacent . So also r r Pat. 36 E. 3. p. 2. m. 18. in dorso . in 36 and s s Pat. 38 E. 3. p. 2. m. 13. in dorso . 38 E. 3.

And in 40 E. 3. Raph Spigurnell , Robert Bealknap , Andrew de Guldeford , and others , were t t Pat. 40 E. 3. p. 1. m. 27. in dorso . assigned to view and repair the Banks of those Marshes , within the liberty of the Town of Rye , towards the East , unto the Kings high way , which leadeth from Pladen unto the same Town of Rye ; and towards the South , to the said Town of Rye ; and towards the West , to the Sea-bank , called Melflet ; and towards the North , to the lands which are called Bernardeshill , from Kyngeswyst : with direction to determine all things therein , according to the antient Law and Custome of this Realm .

Upon an Inquisition u u Ex bundello de Brev. & Recordis , Wallias &c. tangentious , temp. E. 3. n. 11. taken in 42 E. 3. the Jurors presented upon their Oaths , that one William Fishburne Clerk , had then newly made a stone wall , upon the Sea-coast , at Boseham , in pure alm● , and of his meer and free will , without any cohercion whatsoev●r ; whereas before that time , there had not been , in the memory of man , any Bank or defence there against the Waves of the Sea ; but the ground lay waste , through the ebbing and flowing of the Tides . And they farther said , that the Bishop of Exeter was then Lord of the Town of little Boseham , and that his Lordship there lay abutting on the Sea-shore in length ; viz. ●rom the Prebend of Fouctone to .............. of Boseham , on the East part , to the Prebend of Westebroke , in the said Church on the West part ; excepting one Watermill , a Smiths Forge , and a Cotage : and that the said Bishop had divers edifices there , in the hands of Bondmen , which were then worth by year , beyond reprises , xiijs. iiijd. And that several other persons had also Lands there . And moreover , that the said Bishop , and the rest of the Land-holders there , were bound to contribute towards the making defence against the Sea-tides there , according to the proportion of what they held .

And in the said 42 year of E. 3. it appears , w w Pat. 42 E. 3. p. 2. m. 14. in dorso . that Robert Bealknap , Robert Churchehull , William Merlot , Iohn VVyn , and others , were appointed to see to the repair of those Banks &c. at Boseham .

In 44 E. 3. Godfrey Folejaumbe , Robert Bealknap , Roger Ashburnham , and others , were constituted x x Pat. 44 E. 3. p. 1. m. 33. in dorso . Commissioners for the view and repair of the Banks , betwixt the Towns of Borne and Rye . In the like sort were y y Pat. 48 E. 3. p. 1. m. 30. in dorso . the Abbot of Battaile , Rob. Bealknap , Roger Ashburnham , and others , in 48 E. 3.

In the same year , the King being informed z z Pat. 48. E. 3. p. 2. m. 11. in dorso . that the Burgers of Wynchelse , had , for the advantage of that Town , and benefit of the whole Countrey , built a certain Bridge at Pypewel , over a water , called the Chanel of Wynchelse , upon the said Kings soyl , on both sides of the water , for the passage of people , and all carriages ; which was not done with little chardge : And that by the violence of the Tides , and flouds of fresh water passing to the Sea , the said Bridge and banks , on each side the said water , betwixt the said Town of Wynchelse , and the Towns of Odymere and Rye , were so broken down and ruined ; and all the High-wayes about the said Town of UUynchelse so overflowed , that scarce any one could come in or out thereof : he granted Commission a a Pat. 48 E. 3. p. 2. m. 11. in dorso . to the Abbot of Bataille , Thomas de Reyns , Lieutenant to the Constable of Dovor Castle , Will . Batesford , Roger de Ashebornham , and others , to view the said Bridge and Banks , and to take order for the repairing of them .

In 2 R. 2. Will . Horne , Roger de Asheburnhamme , and Iohn Edward , were appointed b b Pat. 2 R. 2. p. 2. m. 32. in dorso . Commissioners for the view and repair of the banks &c. betwixt UUortlyng and Catesfelde .

In 3 R. 2. upon complaint c c Pat. 3 R 2. p. 1. m 40. in dorso . made to the King , by the Commonalty of the Town of UUynchelse ; shewing , that there was a common way , called Copgreys , then lately leading from the said Town , unto Bataille ; as also a certain Marsh called Dynsoale , lying betwixt the Towns of UUynchelse and Hastyngs ; which way and Marsh , through the neglect of some persons in those parts , who of right ought to repair and maintain them , were destroyed and overflowed by the Sea ; the said King , by the assent of his Prelates , Barons &c. then sitting in Parliament , assigned d d Pat. 3. R 2. p. 1. m 40. in dorso . the Abbot of Bataille , Rob. de Bealknappe , & Will . de Battesford to take view of the said way & Marsh● and to enquire by the Oaths of honest and lawful men &c. through whose default , those damages had hapned , and who had used , and ought to repair them ; and to compell them thereto in such sort , as in Romeney marsh , in the like case had been accustomed : And moreover to do and perform all things therein , according to the Law and Custome of this Realm , and the Laws and Customes of Romeney marsh , aforesaid .

In 4 R. 2. Sir Thomas de Hungerford Knight , Iohn Prior of Michesham , VVill . Horne , Roger Ashburnham , and others , were made e e Pat. 4 R. ² p. ● . m. 17. i● dorso . Commissioners for the view and repair of those banks upon the Sea-coasts , betwixt the town of Bourne and the Towns of Helyng and Bixle . And the next year following , Sir Edward Dalyngrugge Knight , Sir Edmud Fitzherbert Knight , Iohn Edward , VVill . Olmested , and Thomas Blast , were in like sort constituted f f Pat. 5 R. 2. p. 2. m. 29. in dorso . for those within the Rape of Pevenese .

In 6 R. 2. the King directed his Precept g g Claus. 6 R. 2. p. 2. m. 27. to Adam de Limbergh , Guardian of his Manour of Idene ; commanding him , that out of the form of the said Manour , he should cause the banks and ditches belonging thereto , to be repaired where need was , according to the judgement of honest and lawful men , of those parts .

Other Commissions in this King's time were these ; viz. in 7 R. 2. to h h Pat. 7 R. 2. p. 1. m. 26. in dorso . Robert de Ashton Constable of Dovor Castle , Robert Bealknap , Sir Edward Dalingrugge Knight , VVill. de Horne , Peter Rede , and VVill . Batelesford , for those banks &c. in the Towns of Idenne , Rye , Odymer , Brode , Farlegh , Pette , UUynchelse , Iclesham , Gestling and UUestfield .

In 8 R. 2. to i i Pat. 8 R. 2. p. 1. m. 39 in dorso . Sir Robert Bealknap , Sir Tho. Hungerford Knights , Roger Ashbournham , Will . Batisforth , and Iohn atte Broke , for those betwixt the Town of Bourne , and the Towns of Helyngham and Bixle .

In 14 R. 2. to k k Pat. 14 R. 2. p. 1. m. 36. in dorso . Sir Thomas Colepepir Knight , Will . Rikhill , Roger Ashburnham , Stephan Bettenham , and Iohn Edwards , for those betwixt the Town of Kentbregge and Newenden , then much broken by the violence of the Sea : And to act therin according to the Law and Custome of this Realm , and the Custome of Romeneye marsh .

In the same year , to l l Pat. 14 R. 2. p. 2. m. 26. in dorso . Hugh de Sowches , Iohn Falwesly , Will . Percy , VVill . Brinchesle and others , for those betwixt the Town of Ifeld and the main Sea ; upon the River of Lewes , and Passage of Pulberowe and the main Sea ; and upon the River of Arundell on both sides of the banks ; and to do all things therein according to the Law and Custome of this Realm .

In 15 R. 2. to m m Pat. 15 R 2. p. 1. m. 37. in dorso . the Abbot of Begehame , the Prior of Michelhame , Iohn Devereux Constable of Dovor Castle , Sir Will . Fienles and Sir Roger Newent Knights , Will . Batelesford and others , for those upon the Sea-coast and Marshes , in the Towns of Peveneseye , Aylesham , UUrotlynge , Hoo , Herst Monceaux , Mankesheye , UUylyngdon , UUesthamme , Horsye ; and elswhere , from the head of Godyng to Clune of Bourne . And so likewise , by another Commission , n n Ibid. for those within the Precincts of the Townships of Ashbournhamme and Bourne .

In 17 R. 2. to o o Pat. 17 R. 2. p. 2. m. 37. in do●so . Will . Rikhille , VVill . Brenchesle , Vincent Fynche , Robert Oxenbrigge and Iohn Lynot , for those in Farlegh , Pette-Gestlyng , Brede Westfeld & Odymere : and to act therein according to the Law and Custome of this Realm , and the Custome of Romene marsh .

And in 20 R. 2. to p p Pat. 20 R. 2. p. 1. m. 12. in dorso . the Abbot of Bataille , Prior of Hastyngs , VVill . Brenchesle , Robert de Ore and others , for those betwixt Hastinges and Bulwerheche ; and to proceed therein as abovementioned .

The next year following , upon a Commission q q Ex bund . de B●ev . & Recor●dis , Wallias ta●gentibus , temp. R. 2. parte 2. n. 123. issued out to the Abbot of Begeham , Prior of Michelham , Sir Wil. Fienles Knight , VVill . Makenad and Iohn Broke , touching the repair of the banks &c. betwixt Ashebournehamme and Bourne ; the Jurats ( inter alia ) presented , that the bank , beginning at Borham brigge , and going to the land of Sir VVill. de Hoo Knight , was in decay , through the default of the Abbot of Begeham and his partners . And from thence , the Bank leading to the land of Stephan Plasted , through the neglect of Sir Will . de Hoo Knight . And from thence the banks reaching to the bounds of Marcopson through the default of Stephan Waller , and VValter Sumpter . And the banks reaching from that place to the Land of Iohn Sweteblod , in default of Sir Philip Sencler Knight : And thence the bank tending to the land of Sir Philip Mested Knight , in default of the said Iohn Sweteblod : And thence the bank stretching to the land of Sir Will . Fienles Knight , in default of the said Sir Philip Mested . And thence the bank tending to the land of Simon Lot , in default of the said Sir VVilliam Fienles . And thence the Bank tending to the old sluce of Pevenese , in default of the said Simon Lot . All which persons by reason of their Land-holdings within the said Marsh , were obliged so to repair and maintain those banks by parcells ; their Ancestors , and those whose estates they had , having time out of mind so done : And that then , through such their neglect , many losses had befallen those parts .

And they also certified , that the Sewer beginning at the bounds of Squabber , and extending it self to Gorebreggs , and so to Sakevylestrow ; and so to Yortham ; and thence to Rikenebrigg ; and so to the old Sluce of Pevenese ; and thence to Wyllendonestrow ; and so to the Gutter made through the midst of a Hillock , by which the fresh waters descending to the Sea , from six thousand , three hundred fifty eight Acres , three Rodes and a half of Land , Meadow and Pasture , had wont to passe , and of antient time ought so to do ; an● from the said bounds of Squabber , to the said old Sluce of Pevenese , was then filled up and obstructed with grasse , reeds and other filth , for a long time suffered there to grow ; and from the said old Sluse of Pevenese , to the said Gutter , in such sort , as that by the shallownesse thereof the course of the water was much hindred , and obstructed , through the default and neglect of all the Tenants of the before-mentioned 6358 Acres , 3 Rodes and a half of Land , with the appurtenances , who according to their proportions were also obliged to those repairs .

That is to say , the Tenants of two hundred and nine Acres of land , Meadow and Pasture thereof , lying in the Mar●h of Megeham ; two furlongs and seventeen perches of that Sewer ; in length beginning at the said place of Squabbar , and so going on unto ............ And all those Tenants from the said place of Gorebreggs , to the place called Sakevylestrow , for the said Tenements , one moytie of the said Sewer towards the North. And all the other , holding an hundred fourscore and ten Acres of land , Meadow and Pasture , in the Marshes of Megeham and Whelpole , the other moytie of the said Sewer , towards the South , containing in length sixteen furlongs . And the Tenants of three hundred and sixteen acres of land , Meadow and Pasture , in the Marshes of Boghele , Balle and Herst-Monseux , from the place called Sakevylestrow , to the place called Ladytrowe , seven furlongs of the said Sewer . And from the said place called Ladytrowe , all the said Tena●ts of the Lands and Tenements aforesaid in the Marshes of Megeham , Whelpole , Boghele , Ball , and Herst-Monseux , for those their Tenements , seven furlongs of the said Sewer , unto the said place of Yortham .

And from thence the Tenants of eight hundred ......... and four Acres in the Marshes of Horsye and Doune , for their Tenements , three furlongs and nine perches of the said Sewer , unto the said bounds of Rikenebrigg ; and from that place to ●●e old sluce of Pevenese , and thence to the place called Wyllindonestrow , the said Sewer to be repaired by all that hold the said lands in the Towns of Wortling ................ Horsye , Mankesye , Haylesham , Westham , and Pevenese in common ; and that in the evacuation of the fresh waters by the said Sewer , if tha● Sewer should be enlarged , they should have benefit and full safeguard , without any contribution from the other Lands and Tenements , lying in the Towns of Bourne , Langenere , and Willyndon : which from that time , by the law of the marsh , ought not to contribute to their repair ; forasmuch as those lands could not in any wise be preserved by the said Sewer .

And they farther certified , that there was another Sewer , beginning at a place called the Hokes , and extending to the Clyne of Langene ; and so to the said place called Wyllindonestrow , by which the fresh waters , of the said Lands and Tenements in the Marshes of Bourne , Langeneye , and Wyllingdon , descending to the Sea , were voided away : Which said Sewer , the Tenants of those lands and Tenements in the Towns of Bourne , Langeneye , & Willyndon ought to repair and maintain , for evacuation of the fresh waters ; and that they and their Ancestors did time out of mind so do : And that the said Sewer , in that place called Willindonestrow , unto the said Gutter , ought to be repaired by all the land-holders , except within the before-specified limits ; so that the fresh waters being conjoyned by both the said Sewers , might passe to the said Gutter , and be thereby evacuated , which Gutter to be repaired at the common chardge .

And that from .......... unto the house called Wyllindonestrow , and to the Sluce of Pevensey , it ought to be repaired at the chardge of all the said Land-holders in the Towns of Wortling , Otham , Hurst-Monceux , Horsie , Mankesie , Haylesham , Westham and Pevenesey only : and that thence to the said Gutter , it would be necessary for the safeguard of the whole Marsh to enlarge the same Sewer in bredth two perches , and in depth three foot , at the chardge of all the Tenants of the whole Marsh , within the bounds and limits aforesaid .

And they presented mo●eover , that from the said place called Wyllendonestrow , by the side of the said old Sewer , on the East , it would be fit to have a a new Sewer made , in the common Marsh , in bredth three perches , and in depth xv foot , extending to the said Hillock ; as also a new Gutter through the midst of that Hillock , in length xx perches , in bredth eight foot , and depth two foot and an half ; and to enlarge the old Gutter unto sixty foot in length ; the chardge of all which was then esteemed at CClibr.

And they farther certified , that if the said Sewers and Gutters should be so repaired , great profit and safeguard would accrue thereby ; but if speedy remedy were not had , the losse in a very short time would be inestimable .

Whereupon command was given aswell to the Constable of Dovor Castle , and VVarden of the Cinque Ports , or his Lieutenant , as to the Shireeve of Sussex , to summon the Abbot of Begeham and his participants ; as also all and singular the land-holders in the Villages aforesaid , to appear before the said Justices , at Westham , upon Monday next after the Feast of the Purification of the blessed Virgin , to answer why &c. as also all the land-holders within the said marsh , that they should likewise then and there meet , to perform and do what should be directed by the King 's VVrit so sent unto the said Lieutenant &c.

And the said Shireeve did make his return at that appointed day , before the said Justices ; that he had given notice accordingly unto the Abbot of Begeham &c. as also to the land-holders in the said Marsh , to appear at Westham , upon the day before-specified . Divers others were then also summoned by the said Shireeve in like sort ; some whereof appeared ; but the Abbot of Begeham and many others came not : And those that appeared , answered , that neither they nor their Ancestors , whose estate they then had in those lands , with the other lands & tenements lying in the said towns of Wortlyng , Otham , Herst-Monceux &c. had used to repair , in common , the before-mentioned Sewer , from the place called Rikenebrig , unto the old Sluce of Pevenese ; and that in case they had so repaired those Gutters and Sewers , they should have had no benefit by the evacuation of those fresh waters , as by the said Presentment was then supposed .

VVhereupon by virtue of another VVrit directed to the said Constable of Dovor , a Jury was impanelled , and Sir William Hoo Knight , with divers others , being summoned , did appear in person ; and did severally say ( as to their Tenements lying in the said Town of Mankesye , without the liberty of the Cinque Ports ) that there was a Sewer called Mankesey streme , beginning at a certain boundary called Herstbolt , and extending it self under Walleres Haven , unto the old Port of Coding ; by which Sewer the fresh waters descending into those parts were evacuated : and that they and their Ancestors , whose estate they had in the beforespecified lands , did use time out of mind to repair the said Sewer , and had commodity and ample safeguard thereby ; without that , that they and their Ancestors , and those whose estate they had in the Tenements aforesaid , did in common repair and maintain that Sewer , beginning at the boundary called Squabber , tending to Gorebreggs , and so to Sakevylestrow , and so to Yortham , thence to Rikenebrigs , and so to the old Sluce of Pevenese , time out of mind , with the rest of the Tenements in the said Town of Wortlyng , Eltham , Herst-Monceux &c. And without that , that by evacuation of the fresh waters by those Gutters and Sewers , though they should be so repaired and made , as by the Presentment was supposed , they should have benefit and safeguard : and this they were all ready to justifie &c.

And William Grangiam , the King's Attorney there at that time , said ; that the Sewer beginning at the boundary called Squabber , tending to Gorebreggs , and so to Sakevylastrowe , and thence to the old Sluce of Pevenese , had been usually repaired in common by the Landholders in the said Towns of Wortlyng , Otham , Herst-Monceux &c. and that by such evacuation of the fresh waters by those repairs , they had commodity and safeguard , as in the said Presentment was alleged &c ..................... ................................

In 3 H. 4. Thomas Erpyngham Constable of Dovor Castle , the Prior of Michelham , Iohn Pelham , William Fenys , Will . Makenade , and others , were constituted r r Pat. 3 H. 4. p. 1. m. 26. in dorso . Commissioners for the view and repair of the Banks in Pevensey Marsh , betwixt Birle and Bechief ; and to perform all things therein according to the Custome of that marsh , as of the marsh of Romeneye , and the Law and Custome of this Realm .

Whereupon * * Ex ver. cod . MS. penès Wil. le Neve Clar. Regem Armorum . an. 1659. the said Prior , Iohn Pelham , and William Makenade went unto Westham , in the Parish of Pevensey , upon Friday next before the Feast of S. Gregory , by the consent of the Lords of the Towns , the Bayliff , and the xii Jurats ( otherwise called Skawers ) and of the Commons of the said Marsh ; and ordained these following Statutes for the due governance of the same marsh , and salvation thereof in the time to come .

First , because there was no certain Law of the said Marsh ordained nor used before that time , Ordinances for Pevensey Marsh. but at the will of those Lords who had Lands within the same ; so that divers perils and hurts intolerable dayly grew : therefore , for eschewing thereof , and for increasing of the common profit , they ordained , and fully agreed ; that a principal Court should be yearly held in the said Marsh , within xv dayes of the Feast of S. Michael the Arch-Angel , whereat one Bayliff , xij Skawers , as also Collectors and Expenditors of the Scotts ( or Assessments ) should be chosen by the Lords of the Towns of the said Marsh , or by their Attorneys , for the safeguard thereof ; which Bayliff to oversee the defects , and the xij Skawers to make Orders and Decrees , according to the Law and Custome of Romney Marsh : and also , that every man , by lawful quantitie of his holding of common of Pasture and Fishing , within the bounds of the said Marsh , shall contribute by equal portions to the reparation and maintenance of the Banks , Gutters , Sewers , Bridges , and all other necessary things within the said Marsh , by the consideration of the xij Skawers ; and that all the reparations of the said Banks , Watergangs , Gutters , and Sewers , be done as often as needeth ; the costs whereof to be made and raised in this form ; viz.

That every man that hath any land , subject to danger ; be it neer or far off from the said peril , so that the said land may be saved , or the owners have profit by the Banks , Watergangs , Gutts , and Sewers before-mentioned , shall be contributory for their Lands and Tenements according to the proportion of their tenure ; so that no man holding such Lands and Tenements under the form of af●resaid , shall be spared in that part , be he rich or poor , of what state , dignity , or condition soever , be he within Liberties or without : and in case any man be negligent in paying of his portion at a certain day ordained by the Skawers for repairing the said Banks , Gutts , and Watergangs ; that then such men shall be distrained of their Goods and Cattell , wheresoever they be found , within Liberties or without , within the Precinct of the said Marsh , untill such time as they shall have duly paid their said proportions , with their Wanes ; the which Wanes to be reserved to the profit of the Bayliff . And that the said distresses taken by the Bayliffs and the xij Skawers , shall be kept for three dayes ; and if the owner be obstinate or negligent of his payment during that time ; then that the said distress be sold and the mony reserved for the safeguard of the said Marsh against the violence of the Sea .

And that the common Bayliff of the said Marsh of Pevensey , who hath lands within the same , be chosen if it be profitable ; but otherwise that another be elected , by the assent of the Lords of the Towns of the said Marsh , or by their Attorneys , in sitting and holding of the Courts and Lasts at West Ham , or at some other lawful place within the bounds of the said Marsh , and within xv dayes of the Feast of S. Michael before-mentioned , yearly , upon the summons of the Bayliff , except the said Bayliff , for some reasonable cause happen to be changed within the said year , and another be chosen in his stead .

And if the said Bayliff be present , at such his election , and will not accept of that Office , that then he shall be amerced by the Electors in xls. which the succeeding Bayliff shall levy of his Goods and Catalls to the comman profit of the said Marsh , and so forthwith a new choyce of another Bayliff to be made , who shall accept of that Office and take his Oath , and have for his labour the Wanes that fall in his time of the Scotts so assessed and levyed . And if the said Bayliff so chosen be hindred by any man , so that he dare not accept of that Office by reason of any threats ; that then he which so threatneth him , or by any suggestion causeth him to decline that Office , shall be punished by the Electors , in such sort as the Bayliff himself should be , in case he refused the same Office .

And if the Bayliff be absent at the time of his election , that then he be distrained by the Bayliff of the Marsh his Predecessor , by all his Goods and Catalls , the which shall be pounded in certain places ordained by the said Electors , and there kept unto the time the said Bayliff go to the Constable of the Castle of Pevensey , the Abbot of Begham , or Prior of Michelham , or to one of them , and make his Oath accepting of his said Office ; whereupon he shall receive . Letters of him who hath so taken his Oath , sealed with his Seal , and directed to the Bayliff his Predecessor : And thus shall he do within six dayes after his election ; and if he do not so , he shall then be punished as aforesaid , and forthwith a new choyce made .

And at this principal Last or Court , the common Collectors and Expenditors of all the general Scots before-mentioned , shall make their accompts before the Lords of the Marsh , or their Attorneys , if they be present , before the Bayliffs , xij Skawers , and the Commons of the said Marsh , which Accompts to be written and indented betwixt them , the Bayliff , the xij Skawers and all the Commons of the said Marsh ; and so in like wise the Bayliff to make his accompts of such things as pertain unto him to account for .

And if any of the said xij Skawers make default at the said Last , or principal Court , except they have a reasonable excuse , they shall be amerced in xijd. to the common work , to be levyed by the Bayliff . Likewise , if any of the Skawers dye , or be put out of his Office within the year upon any reasonable cause , that then another be chosen and put in the principal Last or Court , by the Lords of the Fee , the Bayliff , the xij Skawers , and the wisest eldest and most discreet men of the Commons of the said Marsh. In like manner that election be made of the Collectors and Expenditors , so that they be not chosen of the before-specified xij . if any other may be found able within the said Marsh.

And if any of the said xij Skawers , Collectors , or Expenditors be chosen , and will not make his Oath according to the said Ordinance , that then he be amerced in xxs. to be levyed for the common work , as aforesaid : and after that another be forthwith chosen and sworn .

And moreover , if the xij Skawers be summoned to come to the common or principal Last or Court , and there appear not above the number of four , whereby the Decrees and Awards for safeguard of the said Marsh cannot proceed for want of more ; that then every person so absent shall be amerced in six pence , by ihe Bayliff and Skawers then present ; which money shall be levyed by the Bayliff , and be by him accounted for at the principal Court .

Likewise every man , singularly , of the said xij Skawers shall swear , that he shall , with his fellows , make true Iudgements and Awards , not sparing rich or poor , neither of their Distresses , Banks , Landings , Watergangs , Sewers , Ditches , Gutts , Bridges , Nets , or other impediments within the bounds of the said Marsh , but that the trespassers be punished : and also that they in their proper persons be attendant on the Bayliff of the said Marsh , to take distresses , and to impound them for three dayes ; and after that to prize and sell them , according to the Custome of Romney marsh .

And the said Collectors and Expenditors shall swear , that they shall truly cause to be levyed and Collected , as also expend and account for , all manner of Scottis , by the Lords of the Fee , Bayliff and xij Skawers , or of the greater part of them : and so in this manner to be made and kept in all In-streams within the bounds of the said marsh , before the Lords of the towns , of what In-stream soever it be , if they be present .

Also the said Bayliff shall swear , that he shall do true execution of all manner of Iudgments , Awards and Considerations , made and judged by the Skawers of the said marsh .

And likewise the said Bayliff , in proper person , as also all Collectors and Expenditors , aswell of general Scottis , as of In-streams , shall swear and chardge them truly , to gather and expend the said Scottis , and thereof yield a true accompt . And the said Bayliff in his proper person shall oversee all Banks , Landings , Watergangs , Sewers , Guts , and Bridges as often as need is : And shall deliver to his successor in that Office , all manner of Evidences , Records , Payments , and Exemplifications , which contain the Customes of the Marsh ; with all the Court-Rolls , Iudgements , Considerations and Awards of his time , made by the Skawers and judged ; with all manner of Accompts of receipts and disbursments .

Furthermore , the Bayliffs Clerk shall have for his labour of the Commons of the said Marsh , vis. — viijd.

Also it shall not be lawfull hereafter to any man to make Dams , Fords , set Nets , or any other impediments , in the Landings , Watergangs , Ditches or common streams in the said Marsh , whereby the right course of the water may be letted : and if the right course of the water be hindred by any man in such manner as aforesaid , and testimony given thereof by the Bayliff and six Skawers , or the Commoners of the In-streams where the hurt was made ; that the trespasser shall be amerced forthwith , according to the proportion of his trespasse , by the said Bayliff and the xij Skawers ; which Bayliff shall levy the said Amerciaments to the common benefit as aforesaid .

And if any other man than the said Commons be damaged in like sort , and testimony made thereof by the said Bayliff and six Skawers ; recompence of the same shall be given , and the harms amended to him that is so wronged , according to the discretion of the Bayliff and the Skawer .

Likewise every Scot assessed shall be proclamed in certain places ; and dayes of payment assigned , where and in what place they shall be paid , so that those that are assessed may have no excuse , but that payment be duly made at the day prefixed .

Moreover , every acre of land , lying by the said Walls and Watergangs , where Guts or Floudgates ought to be made , shall be bought for xls.

No man shall take away from the common work , any Labourer or Workman , to his own private imployment , untill such time as the said common work be finished : and if any man shall do contrary to these Ordinances , he shall be amerced in the common Last or Court , by the Bayliff and the Skawers , in xs. to be levied by the said Bayliff , forthwith , to the common profit , as is before expressed .

Also , that all manner of In-streams , by whose Lands or Tenements soever they go , be kept in such sort that the water exceed not it's right course , to the damage of any man ; upon penalty of the value of such trespasse , to be levyed by the said Bayliff of the Marsh and six Skawers .

And if any man do make an assault , or rescue against the said Bayliff and the xij Skawers , or against any of them , or their servants , for the taking of distresses , or for any other manner of Article appertaining to the execution of their Offices , for the common profit , according to the Ordinance before-specified ; that then the said trespassor shall be amerced by the Bayliff , and six or eight of the xij Skawers , in xxs. which shall be levyed by the said Bayliff to the common work .

Lastly , it shall be lawfull to the said Bayliff of the Marsh and the xij Skawers , during their term , to distrain the trespassers by their amerciaments , for all manner of Articles before rehearsed ; and to keep the distresses three dayes , except the owner pay what is due within that term : And if he so do , that then it shall be lawfull for the Bayliff to sell the said distresses , and keep the money unto the common profit of the said Marsh.

In 4 H. 4. the same Thomas Erpyngham , and Prior of Michelham , Will . Brenchesle , and others , had the like Commission s s Pat. 4 H. 4. p. 2. m. 27. in dorso . for those Banks within the Precincts of Batesford , Asheburneshammesmylie , and Goddyngeshavene ; and to act therein according to the Law and Custome of this Realm . Before which Commissioners the Jury presented t t Ex bund , de Brev. & Recordis , Wallia● &c. tangentibus , temp , H. 4. n. 13. 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 * * Id est Jurats . 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 O●fi●e of B●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 u u Pat. 8. H. 4. p. 2. m. 5. in dorso . 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 w w Pat. 9 H. 4. p. 2. m. 21. in dorso . for the Banks upon the Sea-coast betwixt Hastynges and Boxle , within the Parishes and Towns of Wyltyng , Holyngton , Boxle , Crowherst , Hastynges and Bulwerhythe ; and to transact all things therein according to the Law and Custome of this Realm .

In 2 H. 5. upon an Inquisition taken before Thomas Erpyngham Constable of Dovor Castle , Will . Brenchesle , Robert Oxenbrigge and others , for the view and repair of the Banks betwixt Farleghe in this County , and Apul●re in Kent ; the Jurors presented * * E● bund . de Brev. & Record●● , W●l●i●s &c. tang●ntibus , temp. H. 5. n. 17. upon their Oaths , that there was a certain small M●rsh , neer unto the Town of Rye , within the liberty of the Cinque Ports , called S. Mary Croft , containing by estimation xlviij acres of land , which could not be well defended against the force of the Tides , except an old Gutter therein were stopt up . And they said , that it would be necessary and profitable for the preservation and clearing of the said Marsh , that there were a new Gutter and Sewe● made , beyond the bank of the said marsh , and the land of Iohn Chitecrofte , in a certain Marsh , called Corboylesmarshe , containing ........... about a quarter of an acre of land ; and so to passe into the Water-course coming from Leveshameswall , unto the Sluce at Melfl●t . All which said work , viz. the stopping up of the old Gutter , and making of the new Sewer and Gutter , might be performed , as they estimated it , for xijl.

And they farther said , that the Land-holders of the said Marsh called S. Marie Croft , should pay to the said Iohn Chitecroft , for the said land , according to the Custome of Romeney marsh , ☜ for every Acre xls. And they likewise said , that the said Land-holders should be lyable to make contribution , for their portions , towards the diverting of the VVatercourse in Curboylesmarshe , for the maintenance of the Sluce there ; and the Bank beyond the said Sluce , not taxed ; as also to the making of the new Sewer in Curboylesmarsh , when occasion should be ; viz. for every Acre of theirs , as the Land-holders of Curboylesmarsh for theirs : which water so diverted , was not to the hurt or damage of the said Marsh , called Curboylesmarshe : And therefore the Maior and Bayliff of Rye had command , that they should summon the said Iohn Chytecroft , to appear before the Lieutenant to the Constable of Dovor Castle , at Rye ; upon the Wednesday next before the Feast of the Nativity of the blessed Virgin , to shew &c. As also the land-holders of the said Marsh , called S. Mary Croft . VVho severally said , that they could not gainsay , but that they were obliged to make contribution according to the Inquisition aforesaid : And likewise the said Iohn Chitecrofte , who said nothing thereto . Therefore it was decreed , that the said new Gutter and Sewer beyond the said Bank , and over the land of the said Iohn Chitecrofte , should be made , according to the purport of the said Inquisition ; and that the said Iohn Chitecroft should have for his said land , according to the Custome of Romeney marsh , ☞ x ˢ ,

In 3 H. 5. Sir Iohn Pelham Knight , Richard Wakeherst , Robert Oxenbrigge , Vincent Fynche , Adam Iwode , and Will . Marchaunt were constituted x x Pat. 3. H. 5. p. 1. m. 17. in dorso . Commissioners for to view and repair the banks &c. betwixt the Towns of Pesemersh , Rye , Farlegh , and Pette : and to do all things therein according to the Custome of the Marsh , and the Law and Custome of this Realm . So also in 9 H. 5. had y y Pat. 9 H. 5. p. 1. m. 13. in dorso . Robert Oxenbrigge , Henry Hoorne , Iohn Halle junior , Will . Cheyne and Adam Iwode , for those betwixt Ashewalle , and the course of the Sea-water , running from the town of Rye to Appuldre and Bodyam , in the Towns of Wytresham and Stone , in Kent ; and to Idenne , Pesem●rshe , and Bekkele , in this County ; and to do all things therein according to the Custome of Rumney Marsh , and the Law and Custome of England .

The like Commission , the same year , had z z Pat. 9 H. 5. p. 1. m. 13. in dorso . Robert Lord Poynings , Thomas Prior of Lewes , Iohn Preston , Sir Iohn Pelham Knight , Iohn Darell , and others , for those betwixt Flecchyng and Seford , on the Sea-coast : and to perform all things therein according to the Custome of the Marsh , and the Law and Custome of this Realm . So also , the same year , had a a Ibid. Sir Iohn Pelham Knight , the Prior of Michelham , Robert Oxenbrigge , Adam Iworde , Iohn Nelonde and Iohn Halle , for those betwixt Hastyngs and Boxele , in the Towns of S. Leonard , Holyngtone , Wyltynge , Bexele , Croweherst , and Bulwerhithe ; and to proceed therein as abovesaid . The like had b b Ibid. Will . Westbury , Robert Oxenbrigge , Iohn Hall , Richard Wakehurst ; and others , for those betwixt the Parish of Berghestede , on the west part , and the parish of Felgham on the East ; and from those Parishes , to Westregate : and to do all things therein , as abovesaid .

So also in 1 H. 6. had c c Pat. 1 H. 6. p. 1. m. 30. in dorso . Sir Iohn Pelham Knight , the Prior of Michelham , Robert Oxenbrigge , and oth●rs , for those Banks betwixt Hastyngs and Bexele , as abovesaid . And the like had Robert Lord Ponynges , Thomas Prior of Lewes , Iohn Preston , Sir Iohn Pelham Knight , and others , for those betwixt Flecching and Seford ; and to proceed therein as abovesaid .

But in such sort did the said Sir Iohn Pelham and his Fellow Commissioners proceed therein ; that , in 6 H. 6. upon information d d Pat. 6 H. 6. p. 1. m. 6. in dorso . made to the King , that they had , by colour of that Commission , raised certain new Banks , which did so obstruct and hinder the antient course of of those fresh waters , that had used to run , betwixt the said towns of Hastyngs and Boxle , by certain Sewers and Trenches to the Sea , that much land was thereby drowned ; the said King assigned e e Pat. 6 H. 6. p. 1. m. 6. in dorso . the Abbot of Bataille , the said Sir Iohn Pelham Knight , Sir Roger Fenys Knight , Adam Iwode , Iohn Corffe and others , to view the same , and to take such course for the rectifying thereof , as should be consonant to the Custome of the Marsh , and the Law and Custome of this Realm .

In 10 H. 6. Humfrey Duke of Gloucester , Sir Thomas Echyngham Knight , Iohn Halle , Will . Fynche , and others , were appointed f f Pat. 10 H. 6. p. 1. m. 1● . in do●so . to view and repair the Banks betwixt Farlegh in this County , and Derlandes Knokke in Kent ; and to make Laws and Ordinances therein according to the Custome of Romeney Marsh : As also to imprest so many Labourers , upon competent wages , as there should be cause for to imploy in that work ; considering the great necessity of expedition therein . The like appointment g g Pat. 12 H. 6. ● . 1. m. 24. in dorso . in 12 H. 6. had Iohn Earl of Huntendon , Robert Prior of Lewes , Sir Robert Poynings , Sir Thomas Echyngham , Sir Thomas Leukenore Knights , Iohn Darell , Richard Wakehurst , and others , for the Banks betwixt Flecchynge and Seford , upon the Sea-coast ; and to proceed as abovesaid ; as also to imprest such and so many Labourers , upon fitting wages &c. as abovesaid . So also in 21 H 6. had h h Pat. 21 H. 6. ● . 1 m. 3. in dorso . Edmund Mille , Will . Sidney , Iohn Leyle , Iohn Wode , Richard Dalingrugge Esquire , and Will . Breys for those betwixt the Parish of Berghstede on the VVest part , and the Parish of Folgham on the East ; and from those parishes extending to Westgate : And to do all things therein according to the Custome of the Marsh , and the Law and Custome of this Realm .

T●e next year following , had Sir Rog. Fenys Knight , Richard Dalyngrugge Esquire , Iohn Faukes Clerk , Iohn Denysh Esquire , Edmund Mille , and Adam Iwode the like Commission i i Pat. 22 H. 6. p. 1. m. 17. in do●so . for those banks &c. betwixt Hastyngs and Bexele , within the Towns of S. Leonard ; Holyngtone , Millynge , Bexele , Croweherst , and Bulwerhithe ; and to proceed therein as the last Commission directed .

In 33 H. 6. Richard Abbot of Bataille , Will . Westbury ● Provost of Eton College neer Windsore , Iohn Faukes Clerk , Thomas Hoo Esquire , and Bartholmew Bolney were assigned k k Pat. 33 H. 6. p. 1. m. 17. in dorso . to view and repair the banks &c. within the Precincts of Batesford Ashburnehammesmille , & Godyngeshaven ; & from Pevenese bridge , to Newestclewes of Waltershaven ; and from Newestclewes , by the Sea , to the point of Godyngeshaven ; and from the point of Godyngeshavene to Romestrete ; and from Romestrete to Bellamsgutte ; and from Bellamsgutte to Densexgote ; and from Densexgote to Pykeledbrigge ; and from Pykeledbrigge to Swynesham brigge : and to act therein according to the Law and Custome of Romeney marsh .

Several other Commissions there were , in this King's time and afterwards ; in all which the Commissioners were directed to proceed according to the Law and Custome of Romeney marsh ; viz. in 34 H. 6. to l l Pat. 34 H 6. parte unica m. 23. in dorso . Sir Richard Fenys Knight , Thomas Echyngham , Richard Dalyngregge , and Iohn Passele Esquires , Bartholmew Bolney and Martin Oxenbrigge , for the Banks betwixt Sedlescombebregge , in the Parish of Sedlescombe , on the VVest part , to Snaylham ; and the place called the Pyke , in the Parishes of Brede and Gestlyng , on the East part , on both sides the common Watercourse , betwixt the said Town of Sedlyscombe and Wynchelse .

In 36 H. 6. to m m Pat. 36 H. 6. p. 2. m. 4. in dorso . Sir Richard Fenys Knight , Sir Roger Leukenore Knight , Nicholas Huse , Thomas Hoo , Barth . Bolney , and others , for those from Coleworthe to Fleghambrigge , and thence to the Sea .

In 37 H. 6. to n n Pat. 37 H. 6. p. 1. m. 17. in dorso . Sir Iohn Pelham Knight , Thomas Echyngham , Henry Hall , Robert Oxenbrigge , and Iohn Copeldyke Esquires , Bartholmew Bolney and Martin Oxenbrigge , for those betwixt a place called Fodyr , and the Town of Wynchelse .

In 3 E. 4. to o o Pat. 3 ● . 4. m. 8. in dorso . Sir Roger Leukenore Knight , Will . Sydney , Iohn Ernely , Thomas Tawcke , Humfrey Hewester , and Iohn Goryng , for those Banks from Coleworthe to the Sea .

In 5 E. 4. to p p Pat. 5. E. ● . p. 1. m. 23. in dorso . Sir Thomas Echyngham Knight , Barth . Bolney , Henry Halle , Rob. Oxenbrigge and Will . Baker for those from Yham , in the Parish of S. Leonards ; and from Yham to the Lands called Cregge , and the Lands of Iohn Fynche .

In 6 E. 4. to q q Pat. 6 E. 1. p. 1. m. 15. in dorso . Sir Roger Leukenore Knight , Nich. Huse Esquire , Iohn Fuyst , Iohn Goryng , Will . Ernele , and others , from the water of Coleworth to the Sea . And in 14 E. 4. to r r Pat. 14. R. 4. p. 1. m. 10. in do●so . Sir Iohn Fogge , Sir Iohn Scotte , Sir Will . Haute , and Sir Iohn Gilford Knights , Iohn Elryngton , Iohn Bruaston , Henry Auger , Will . Belknap , and Robert Oxenbrigge Esquires ; Barth . Bolney and others , for those betwixt Roberts brigge , in this County , and the Town of Romeney in Kent .

In 17 E. 4. upon an Inquisition s s Esc. 17 E. 4. n. 70. taken at a place called Dencourt's marshe , the Friday next after the Feast of the Nativity of S. Iohn Baptist xvij E. 4. before Sir Thomas Echyngham Knight , Henry Aucher , Gervase Horne , Robert Oxenbrigge , VVill . Belknap , Henry Belknap , Iohn Bradford , Iohn Copeldyke , Iohn VVody , and Thomas Oxenbrigge , Commissioners to view and repair the Banks , betwixt the River of Apildoure , to Rye , on the West part ; and thence to the Wall , called Fresh walle , on the East part ; and the Wall of the Monks of Christs-Church in Canterbury , called Newe Walle , as far as the lands belonging to the Abby of S. Augustines did reach , on the South part : the Jurors did , then and there , present upon their Oaths , that it would be very necessary and profitable , for the safeguard , amendment and clearing of the said Marsh , and prevention of drowning to that part of the Country adjoyning thereto , that there were a new Bank made from the said VVall , called Newe Walle , by the Chanel leading from Apyldore to Rye , and to the said water , called Moreflete ; and thence to the said place called Freshe-walle , as far as the lands then belonging to the Abby of S. Augustines did extend . And that the said Bank should be in length from the said VVall , called New Walle , unto Moreflete aforesaid ; and thence to the said place , called Fresh Wall , upon the flat Marsh , MCCiiijxx . Rods and an half ; and in Crekes and Flets Lxix Rods. And they say , that every Rod of the said Bank , upon the plain Marsh , might be made for two shillings and four pence ; and every Rod in the Crekes , for xis.

And they farther said , that within the same Marsh , by the making of that Bank , there might be saved from the overflowing of the Tides , MCCCCxij Acres of good Marsh ; of which number Miiijxx . and two Acres were in Kent , and CCGxxx . Acres in this County : and that all the said Acres , in both Counties , did lye together , and contigious to the bounds of those Counties , and adjacent to the said Marsh ; and that no one Acre could be conveniently taxed to the making of the said Bank , without the other ; the assessment of them having been so , time out of mind : whereof were Tenants , the Abbot of S. Augustines in Canterbury , the Prior of Christs-Church in Canterbury , Sir Iohn Elryngton , and Sir Iohn Scott Knights , Iohn Engham , Thomas Ian ; the heirs of Iames Marshall ; the heirs of Robert Marshall ; the VVidow of Stephan Dene ; the heirs of Thomas Thurder , and Robert Fermor . Of which , the Abbot of S. Augustines aforesaid , was seized , in the right of his Church , in his demesne as of Fee , in the said Marsh , in Kent , of CCij . Acres ; the Prior of Christs-Church , of Ciiijxx . and xvi Acres . Sir Iohn Elryngtone Knight , of Dxxxiij Acres ; whereof CCLvi Acres in this County of Sussex . Sir Iohn Scott Knight , of Lxxiiij Acres , in this County ; whereof VValter Roberd claimed a part , but how much , the Jurors knew not . Iohn Engham of Lix Acres and one Rode , of that part which lyeth in Kent : Thomas Ian of xix Acres and an half of the like : The heirs of Iames Marshall , of half an Acre and a Rode : The heirs of Robert Marshall of viij Acres and a Rode : The VVidow of Stephan Deine of two Acres and a Rode : The heirs of Thomas Thunder of xxiiij Acres ; and Robert Fermour of xxxvi Acres ; all lying in Kent .

And moreover the said Jurors affirmed , that it was both reasonable and just , that all the said Tenants should make contribution , every man according to what he held in the said Marsh , for the making and maintenance of those Banks .

And the said Commissioners , by the consent of the said Jurors , Bayliffs of Franchises , and all others who were concerned in the making of the said Banks , and repair of them , ordained , decreed , and assessed upon every acre of land ☜ within the said Marsh a tax of nine shillings , to be paid at the Feast of S. Peter ad vincula , and at the Nativity of our Lord then next following , by equal portions .

And they farther said , that it would be most necessary and profitable for the preservation and good Government of the said Marsh , that there should be chosen one Bayliff and one Collector , and other Skawers * * Id est Jurats . of the principal Land-holders there , who should have power in all things to be done therein , according to the Law and Custome of Romeney marsh .

VVhereupon the said Commissioners , by the assent aforesaid , made choice of Sir Iohn Elryngton Knight , to be Bayliff and Guardian of the said Marsh : who was accordingly sworn for the performing of that Office faithfully , according to the Law and Custome of this Realm , and the Custome of Romeney Marsh aforesaid . Also Iohn Engham , the heirs of Thomas Thunder , Robert Thunder , Thomas Ian ; the heirs of Iames Marchall , the heirs of Robert Marchall , and the heirs of Stephan Deine , being likewise elected , were sworn to execute that Office of Skawer , faithfully within the said Marsh , according to the Law and Custome aforesaid : The Shireeve of Kent therefore had command that he should give several summons to the said Abbot of S. Augustines , Prior of Christs-Church , Sir Iohn Elryngton Knight , and the rest , who held lands within that part of the said Marsh , within the County of Kent , that they s●ould appear at the said Mars● , upon Monday next after the Feast of the Translation of S. Thomas the Martyr , then next ensuing , to shew why each of them ought not to contribute to the said work , for what he held , according to the proportion thereof , in such sort as he was assessed .

And in like manner had the Shireeve of Sussex command , that he should summon Sir Iohn Elryngton Knight , and the rest , who held that part of the said Marsh , in this County of Sussex .

And the said Abbot , and all the other Land-holders , though they were severally so summoned , did not appear , but made default . But the said Sir Iohn Elryngton , and others of this County , did appear , and were ready , every one of them to contribute , according to the proportion of what he held within the said Marsh , according to the tenor of the Inquisition and Tax aforesaid . And therefore it was ordained by the said Commissioners , that aswell the said Sir Iohn Elryngton , and the other land-holders , who then appeared with him ; as the said Abbot of S. Augustines , and all those other , who did not appear , should every one contribute , according to the proportion of what he held , to the making and maintenance of the said wall , in manner and form as in the said Presentment was contained ; and should observe and keep the Laws and Customes specified in the said Presentment . And because before that time , there was no certain Law of that Marsh constituted nor used ; and that the said Marsh being drowned , lay to the Sea ; therefore the said Commissioners , by virtue of their Commission , by the assent of the Bayliffs , Jurats , and Commonality of the said Marsh , did ordain , that for the future , the Bayliff for the time being , should have one principal Last , in the said Marsh , yearly , at the least , within the Octaves of S. Michael the Arch-Angel , in such place where he the said Bayliff should think most expedient .

And at a Last t t Ex v●t . cod . MS. pen. Will . le Neve C●at . Regem Armorum an. 16●0 . holden at West Ham the third day of October , in the xxiiijth year of the reign of King Henry the eighth , before Iohn Prior of Lewes , Rich. Abbot of Begham , Iohn Prior of Michelham , Thomas Lord Dacre , and others , by virtue of the Kings Commission to them directed ; it was decreed and ordained ; That no manner of person or persons , should thenceforth set any Nets , Pots , or Engins ; or make any Damms , or other impediments , in Landings , Watergangs , Ditches or common streams ; or any Insews , or setting or fis●ing before any Gut or Guts within the bounds of Pevensey Mars● , upon penalty of forfeiting to the use and profit of the said Marsh , such Net or Nets , Pots , or Engins , as they or any of them shall so set , and likewise ten shillings when and as often as any of them shall so offend : the said Net or Nets , Pots or Engins , to be seized on by any person or persons to the use aforesaid ; which person or persons so seizing them , to have the one half of the same to his own use : but the forfeiture of the said ten shillings to be so levyed by the Bayliff for the time being , to be to the behoof of the whole marsh : Provided neverthelesse , that every owner of land within the said Marsh , have full and lawful power to fish within his grounds , so it be not prejudicial or hurtful to the said Marsh.

CAP. XX.

FRom Sussex , I come next to Somersetshire . That the overflowings both of the Sea , and fresh Rivers , in some parts of this County , were heretofore likewise exceeding great , I need not seek far for testimony ; the rich and spacious Marshes , below Wells and Glastonbury ( since , by much industry , drayned and reduced to profit ) sufficiently manifesting no lesse . For , considering the flatnesse of those parts , at least twelve miles Eastward from the Sea , which gave way to the Tides to flow up very high ; as also , that the ●ilt and sand , thereby continually brought up , did not a little obstruct the out-falls of those fresh waters , which descend from Bruton , Shepton-Malet , and several other places of this Shire , all that great level , about Glastonbury and below it ( now for the most part called Brentmarshe ) was in time past , no other than a very Fen ; and that place , being naturally higher than the rest , accounted an Island , by reason of it's situation in the bosome of such vast waters . Haec itaque Insula ( saith Will. * * Monast. Anglic . p. 2. col. 1. of Mames●ury speaking of it , then known by the name of the Isle of Avalon ) primò à Britonibus dicta est Ynwyrtrin &c. Insula verò dicta est , quoniam marisco profundo est undique Clausa . This Island was first called by the Britons Ynswyrtrin &c. and termed an Island , because it was inclosed , on every side , with a deep Marsh or Fen , as doubtlesse it would be , were it not for that famous and costly Sluse , at Highbridge , whereby the Tides , that there usually rise no lesse than xx foot in full height , are not only kept back ; but the fresh waters evacuated with such a force , as , grinding out the silt , which would otherwise choak up that Ostiarie , the obstruction of their current , and consequently the overflowing of that large plain , Eastwards , is happily prevented .

Let me also add hereunto what the learned Leland † † Lel. Itin. M S. in bibl . Bodl. vol. 2. f. 42. a. ( in his Itinerarie , made temp. H. 8. ) observeth ; viz. that neer Coscumbe ( betwixt Shipton Malet and Welles ) there was antiently a Castle on a Hill , called Fenne Castle , the ruines whereof he saw : And as to the Banking and Drayning in these parts ; that a mile above Hartlake bridge , he took notice of an arm cast out by force , out of Sowey River , and a Marsh wall made by industry , betwixt it and the principal stream of Sowey : which wall continued to Hartlake bridge and a mile lower ; and then both ( soon after ) ran into the meer . And moreover affirmeth , that if the said Marsh wall should not be kept up , and the Chanel on each part of Sowey preserved from weeds , all the plain ground , at suddain Rains , would be overflown , and the profits thereof lost .

And , by the Charter † † Ex Registro de Glaston . penès Rad. Sheldon de Beol●y Arm. f. 149. b. of Eddi Bishop of ............ made to the Abby of Glastonbury in the year of Christ DCLxxx . it appeareth that Ferramere was then an Island , invironed with the Fens .

But concerning these and the other Marshes of this County , the first Commission a a Pat. 32 E. ● . m. 2. in dorso . of Sewers , wherewith I have met in our publick Records , is in 32 E. 1. which was directed to Robert de Clare , Gilbert de Bere , and Master Gereberd , who were thereby assigned to view and take order for the repair of the Banks , Ditches , Gutters , and Sewers in Brentmershe , Pederham , Wringemershe , and Saltmershe ; and to clense the Gutters & Chanels in such sort , as that the streams as well of the fresh water as salt , might have thenceforth their right and antient course in all those places .

In 2 E. 2. Matthew de Furneaus and Will. de Burne , were constituted b b Pat. 2 E. 2. m. 22. in dorso cedulae . Commissioners in like sort , for all the Banks &c. in general , both upon the Sea-coasts and elswhere in this County . The like c c Pat. 4 E. 2. p. 1. m. 25. in dorso . Commission , in 4 E 2. had Iohn Randolf , Iohn the Son of Tho. de Beauchamp & Will . de Burn. So also in 9 E. 2. had d d Pat. 9 E. 2. p. 1. m. 8. in dorso . Iohn de Meryet , Richard de Rodeneye , and Iohn de Clivedone . In which year likewise Iohn Randolf , Will . de Harden , Iohn de Westcote , and Richard de Rodney were appointed e e Pat. 9 E. 2. p. 1. m. 23 in dorso . to enquire of the breach of the Banks and Ditches of Iohn de Goddeleigh , Dean of Wells , in the lands belonging to his Deanery , at Merk in this County , which very antiently , in the time of his Pred●cessors , had been raised for the preservation of the lands of the same Deanery , Modesse , Wodmore , and Bydesham , against the power of the fresh waters , which descended by a certain Chanel , in the said Town of Merk , towards the Sea . And also of certain Sluces of the said Dean , in his said Town of Merk , built for the evacuation of water , in floud times ; which S●uses were then broken down by Philip de Columbers , Robert de Brente , Iohn his Brother , and others .

The like Commission f f Ibid. was then directed to the said Iohn Randolf and the rest , to enquire of the breach of the Banks & c● of Iohn Bishop of Bathe and Welles , in the lands of his Bishoprick , at Blakeford , neer Merke before-specified .

Many other Commissions for the view and repair of the Sea-banks and others , in this County , were afterwards granted to several persons ; viz. in 10 E. 2. to g g Pat. 10 E. 2. p. 2. m. 15. in dorso . Iohn de Beauchamp , Will . de Burne , and Iohn de Fosse . In 18 E. 2. to h h Pat. 18 E. 2. p. 1. m. 13. in dorso . Iohn Randolf , Elias de Godele , and the said Iohn de Fosse . In 19 E. 2. to i i Pat. 19. E. 2. p. 1. m. 20. in dorso . Iohn de Clyvedon , Hugh de Langelond , and Elias de Godele . In 20 E. 2. to k k Pat. 20 E. 2. m. 26. in dorso . Iohn de Mohun , and Iohn Randolf .

In 3 E. 3. to l l Pat. 3 E. 3. p. 2. m. 2. in dorso . Iohn Inge , Hugh de Langlond , and Peter Coleswayn , for those Banks betwixt Bristoll and Muchaney . In 14 E. 3. to m m Pat. 14 E. 3. p. 1. m. 28. in dorso . Richard Lovel , Henry Power , and Roger de la Walle for those in Brentmershe , betwixt the Town of Stert and Burcle , in length ; and Wollavyngton and Hegh brugge ( now called High bridge ) in bredth .

In 17 E. 3. to Richard Lovel , Iohn Inge , Iohn de Mere and Henry Power , for those betwixt Bristoll and Dunstere , and the parts adjacent . So also in 22 E. 3. to n n Pat. 22 E 3. p. 1. m. 21. ●n do●s● . Iohn Inge , Iohn de Clyvedon , Henry Power and Adam Bret.

In 25 E. 3. to o o Pat. 25 E. 3. p. 3. m 5. 〈…〉 . Sir Iohn de Clyvedon , Sir Iohn de Seintlo Knights , Iohn de Somerton , and Nicholas de Ledrede for the Banks in divers parts of this County .

In 32 E. 3. upon a pleading p p Plac. coram Rege term . Pasch. 32 E. 3 Rot. 23. Somerset . , occasioned by an Indictment against the Dean of Welles and Richard de Cogan , and their Tenants , for the not scouring the Watercourse neer Hakmede and Holimede ; and against the Dean alone for two Sluses , called Netherpound and Southerpound ; and for a Floud-gate , called Hakewere , they were then acquitted .

In the same year Mathew de Clivedon , Sir Iohn de Clivedon Knight , Sir Walter de Paveley Knight , and others , were assigned q q Pat. 32 E. 3. p. 1. m. 30. in dorso . to view and repair the Banks &c. betwixt Bristoll and Taunton , and betwixt Bruton and Severne .

In 34 E. 3. Sir Richard de Acton , Sir Iohn de S. Lo Knights , and others , had * * Pat 34 E. 3. p. 1. m. 17. in dorso . the like assignation , for the Banks betwixt Bristoll , Martok , and Taunton , and betwixt Bruton and Severne .

In 36 E. 3. Sir Richard de Diton Knight , Walter de Aldebury , Sir Iohn de Seintlo Knight , Mathew de Clivedon , and others , had r r Pat. 36 E. 3. p. 2. m. 18. in dorso . the like for those at Bristoll , Mertok , and Taunton ; as also at Welyngton , Dunsterre , Bruton and Severne . So also in 1 R. 2. had s s Pa●. 1 R. 2. p. 1. m. 25. in dorso . Sir Richard Acton Knight , Henry Percehay , Sir Iohn de la Mare Knight , Sir Iohn L'orly Knight , Robert Syddenham , Robert Cheddre , and Iohn Panet .

In 2 R. 2. Sir Iames de Audeley Knight , Lord of Hely , Sir Will . Botreaux Knight , Sir Henry Percehay Knight , Sir Richard Acton Knight , Walter Clopton , and others , were constituted t t Pat. 2 R. 2. p. 2. m. 32. in dorso . Commissioners for the view and repair of the banks &c. in Brentmershe , and Wryngemershe , and in other places upon the Sea-coast and water of Severne , betwixt Bristoll and Dunsterre .

After this , divers Commissions for the Banks , Ditches &c. in general throughout this County , were issed out ; viz. in 5 R. 2. to u u P●t. 5 R. 2. p. 1. m. 2. Sir Maurice Wyth , Sir Will . de Bonvile , Sir Iohn Weyland Knights , Richard de Sydenham , and Iohn Manyngford . And in the same year to w w Pat. 5 R. 2. p. 2. m. 29. in dorso . the before-specified Sir Iames de Audeley , Sir Guy de Bryan , Sir Will . Cogan , Sir Iohn Trivet , Sir Iohn Rodeney , and Sir Iohn de la Mare Knights , Iohn Cary , Will . Cary , Iohn Domere , and Iohn Barre .

By virtue of which Commission , the said Sir Guy de Brien , Sir Will . Cogan , Sir Iohn Tryvet , Sir Iohn Rodeneye , and Sir Iohn de la Mare Knights , Iohn Cary , Iohn Domere and Iohn Baree , met * * Pat. 8 R. 2. p. 2. m. 36. at Bridgwater , on Monday next after the Feast day of S. Margaret the Virgin ; where the Shireeve of the County , having received the said Kings Precept to that purpose , caused xij honest and lawful men within his liberty , to appear , viz. Iohn Ivethorn , Iohn Eyr &c. who did , † † Ibid. upon their Oaths present , that there was a certain bank , called Southlake Wall , lying betwixt the Path and Tutte yate trees , in Weston ; by which , divers Watercourses , called Runes , were obstructed by the Abbot of Glastonbury and his Tenants , insomuch as the said water overflowed and drowned the Meadows and Pastures of many men , to the damage of the whole Country ; and that the said Abbot and his Tenants ought to reform the same .

And they also said , that there were in the River of Peret two VVeres , called Tappyng Weres , whereby the course of the water was straitned , which ought to be amended and removed by the Abbot of Glastonbury , and Bishop of Winchester .

And that there was a certain pleck of Osiars at Tutte yate in Weston , appropriated by the said Abbot and his Tenants , by which the water course was straitned and stopt , to the damage of the Country ; and that it ought to be amended and totally removed by the said Abbot and his Tenants . Whereupon the said Abbot and his Tenants , constituted Iohn Panes and Iohn Fitelton their Attorneys , to answer to this chardge .

By another Inquisition * * Ibid. taken at that time before the said Justices , upon the Oaths of Iohn Strache and others , 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 Wat●rcourse , called Wythyrune , which was obstructed as aforesaid , the said Abbot and his Tenants of Wythies , answered , that the said nusance was amended at the time of the said Presentment , and long before ; and that this he was ready to prove .

And as to the Presentment that he had suffered Trees in Monketan to hang over the River of Tone , and overthwart the same , so that Boats could not passe to and fro ; he said , that those Trees grew above Bathepole mills , where Boats never used to passe , neither could or ought to do ; and that the said Trees were not any nusance ; all which he was ready to justifie .

And as to the Presentment , that Bathepole mill was built in the midst of the River of Tone , with stone VValls higher by six foot , than they formerly had been : And that there was also a Fulling Mill , built there &c. And likewise , that the Kings High way betwixt Taunton and Bathepole brigge was spoiled by the reflowing of the said water . And that the Boats , which had wont to have their passage with Merchandize from Briggewater to Taunton , were hindred &c. the said Abbot answered , that the said Richard de Atton was seised of the said Mills and those other Lands , and held them of the Abbot of Glastonbury , his Predecessor , as of his Mannour of Monketon , and in right of his Church of Glastonbury : and that he the said Richard and all they whose estate he then had in those Mills , Lands &c. had held them of the Predecessors of him the said Abbot , by certain services , time out of mind : And forasmuch as the said Mills were grown old and ruinous , he the said Richard did new build them , and made them of the same height , bredth and depth , as they were before he so pulled them down ; and that this he was ready to prove . VVhich said Mills , with the Lands and Tenements aforesaid , the said Richard , by the Kings license , then and there exhibited , gave to one Walter Abbot of Glastonbury , the preceding Abbot ; to hold to him and his Successors for ever : And so said , that the then Abbot held those Mills , in form aforesaid ; without that , that they were built higher in any sort , other than is before alleged ; and that this he was ready to prove .

And he said , that before those Mills were so new built by the said Richard , the fresh waters , descending into the said Chanel in great flouds , did overflow the Meadows and Pastures adjoyning , and also the before-specified Road-way betwixt Taunton and Bridgwater : so that the overflowing of those grounds , and prejudice to the same way , was not at all worse , after the said new building of those Mills , than it had been before ; and that this he was likewise ready to prove .

And the said Abbot farther answered , that he was not obliged to repair the said Kings high wayes , so spoiled , as by the before-mentioned Presentment was supposed ; in regard , that neither he nor any of his predecessors , nor any one whose estate he had in any of the Lands and Tenements aforesaid , he used to perform such repairs in those wayes time out of mind : and that this he was ready to prove . And he said moreover , that there was a certain place , below the said Mills , called Bathepole Crosse , whereunto all the Boats , coming from Briggewater towards Taunton , by the same water , and not above , nor farther in the said River of Tone , ought of antient time to go up or passe , or could so do ; but had used to be unloaded there ; and this he was ready to prove .

And he likewise said , that one Walter late Abbot of Glastonbury , his predecessor , then Tenant of those Mills , within eighteen years before , did of his own good vvill , and not of right , make a certain Chest of boards , for the ease of the then Bishop of Winchester ( Lord of Taunton ) and put it into the poole of those Mills , by which Chest , the boats in time of flouds , might be drawn up into the said poole : by which means the boats being drawn by that Chest , sometimes got up to the said Bishop's Mill , called Tobrigge Mill ; without that , that the said Boats did use to passe up towards Taunton , in the same River of Tone , any farther than the place called Bathepole Crosse , time out of mind . And without that , that the Fish in the said River were more hindred in their passage towards Taunton , than they had wont to be before the new building of the said Mills .

And as to the Presentment of certain ground in Monketon , appropriated to the before-specified Abbot , by the planting of VVillows and other Trees thereon , by his servants and Tenants ; the said Servants and Tenants affirmed , that the said nusance was amended and totally removed , and that this they were ready to prove .

And the said Abbot likewise answered , that as to the planting of the Trees , and appropriating the soil in Monketon aforesaid , he was not at all guilty ; and that he was ready to prove it . And because his servants and Tenants did not deny , that the said nusance was not removed , at the time of the said presentment ; they were therefore amerc'd in half a Mark.

All which things , they the said Abbot , with his servants & Tenants , being ready to prove , they required judgement there in . Whereupon a Jury being summoned , to appear before the said Justices on Thursday in Easter week , and there sworn ; did say , that the said Bank , called Southlake wall , was in Othery ( which is parcel of the said Abbot's Mannour of Sowy ) and not in Weston ; and so was and had been time out of mind , as the same Abbot had before pleaded : And they said , that there never were or ought to be any Sewers , Gutters , Trenches , or Ditches in the said Bank : and that no Runes were stopped by the said Bank , as he the said Abbot and his Tenants had also pleaded . And as to the two Weres , called Tappyng Weres , in the River of Peret ; they said , that the said Abbot held the Mannour of Sowy , as parcel of the foundation of that Monastery ; and that he had a Floudgate , called Tappyng were in the same River , which vvas parcel of the said Mannour , and had been time out of mind : And that the Watercourse there was not otherwise stopped , than it had been from the said time , as he had formerly pleaded and alleged .

And as to the Presentment of those Mills , called Bathepole mills ; they said , that they were old and ruinous , and new built by the before-specified Richard , after the great plague ; and of the same height and depth as they had been time out of mind , and not otherwise ; so that neither the Lands , Meadows , and Pastures before-mentioned ; nor the High way betwixt Taunton and Bridgewater , in Bathepole , were drowned or prejudiced by the said new building of them , in any other manner than as they had used to be in great Flouds , and time out of mind , as the said Abbot had also pleaded and alleged .

And as to the Presentment concerning the passage of Boats and fish , from Bridgwater to Taunton ; they said , that there was a place , called Bathepole Crosse , on the lower side of those Mills ; and that there all the Boats , coming from Briggewater towards Taunton , had used to be unloaded time out of mind ; and that they neither could , nor ought of right to go farther : And likewise , that the said Chest for the drawing up of Boats , neer to the said Mill , was made by the said Walter late Abbot of Glastonb●ry , Predecessor of the then Abbot , about xvi years before , voluntarily , and not of any right , for the ease of the said Bishop of UUinchester ( Lord of Taunton ) to draw his Boats to Tobrigge mill . And they said , that the Fish were not at all hindred to swim in that River , any otherwise , than what they had been time out of mind , as the said Abbot did before plead and allege .

And as to the course of the water , called Wythrune , which was stopped ; they said , that the before-specified nusance was amended at the time of the presentment made , and long before , as the said Abbot and his Tenants of UUythies had also pleaded . And as to the Trees growing athwart the River at Monketon ; they said , that they did grow above those Mills , ●here boats never came nor ought of right to come , as the said Abbot had also pleaded . And touching the pleck of Osiars , they said , that the same nusance was amended and totally removed , as the Tenants of the said Abbot had also pleaded . And as to the ground in Monketon appropriated by the said Abbot , his Servants and Tenants , by planting of VVillows and other Trees thereon , they likewise said , that the said nusance was also amended and totally taken away , as the said Abbot had alleged .

Upon all which considerations , it was determined that the said Abbot and his Tenants , and Servants , excepting the before-specified amerciaments , should be dischardged .

In 11 R. 2. there was another general Commission x x Pat. 11 R. 2. p. 1. m. 33 in dorso . , directed to the Abbot of Glastonbury , Nicholas de Audley , Guy de Brienne , and others , for the view and repair of all the banks , Ditches &c. in this County .

In 2 H. 4. Sir Peter Courtney , Sir Humfrey Stafford , Sir William Bonville , Sir Thomas Brooke Knights , Iohn Strech , and Iohn Manyngford , were appointed Pat. 2. H. 4. p. 4. m. 10. in dorso . to view and repair the banks &c. at Bristoll , Mertok , Taunton , Yevelchestre , Welyngton , Dunsterre , Bruton and Severne ; and in all places betwixt Bristoll and Dunsterre ; and betvvixt Bruton and Severne ; & to do all things therein according to the Law and Custome of this Realm .

In 6 H. 4. the Master of S. Marks House in Bristoll , was dischardged z z Plac. coram Rege term . M●ch. 6 H. 4. Ro● . 5. Somerset . from the repair of the Bridges , scouring of the Ditches , and making of Sluses , in the Towns and places of Powlet , Combwich , Pyriton , Huntspill , and betvvixt Blakbrig and Purytonbrugg : as also from the clensing the Chanell , called Hyburne ; and likewise that which goeth from the Town of Cork , running to Hyburne , betwixt the Mannour of Stokeland , which belonged to the said Master ; and the Mannour of Wyke , which was the Lord Poynings : And likewise for the Sluce of Thele , for shutting out the Sea-water ; and moreover for the stone bridge in the VVarth of Wyke .

In 5 H. 5. Sir Will . Botreaux Knight , Thomas Chaucer , and Richard Chedder Esquires , Iohn Stourton , William Sparow , and Iohn Gregori of Bruton , were assigned a a Pat. 5 H. 5. parte unica m. 34. in dorso . to view and repair the banks betvvixt the Cities of Bathe and Bristol ; and from Yilcestre , Lamport , Briggewater , and Taunton : and to proceed therein according to the Custome of the Marsh , and the Law and Custome of this Realm . The like assignation b b Pat. 2 H. 6. p. 1. m. 32. in dorso . in 2 H. 6. had N. Bishop of Bathe and Welles , Sir Will . Botreaux , Sir Thomas Stowell Knights , William Westbury , Iohn Warre , Iohn Stourton , and Iohn Beaf , for the banks in Brentmershe , Wryngemershe , and Pouldon ; and to do all things therein according to the Law and Custome of this Realm : As also to take so many Labourers , upon competent wages , to be imployed therein , as should be requisite , in regard of the great necessity of expediting the vvork .

So also the next year following , vvere c c Pat. 3 H. 6. p. 1. m. 16. in do●so . Sir Thomas Broke Knight , Richard Cheddre Esquire , Iohn Marchant , and William Newetone , for those betwixt Yevelchestre , Burneham and Welles ; and to act therein , and imprest Labourers , as aforesaid .

And in 33 H. 6. Sir Thomas Seymour Knight , Robert Warre Esquire , Alexander Hody , Roger Fitz Iames , Iohn Sidenham junior Iohn Porter and William Bodesham had d d Pat. 33 H. 6. p. 1. m. 17. in dorso . the like appointment for the banks &c. betvvixt the Town of Langeport-Estoner , on the East side , and the Town of Thurlokeston on the West ; as also betvvixt the Tovvn of Cory-Malet on the South part , and the Tovvn of Briggewater on the North ; and to make Lavvs and Ordinances therein , and to proceed in all things touching the same , according to the Lavv and Custome of Romeney Marsh. And in 3 E. 4. Richard Chokke , Sir Theobald Gorges , and Sir Walter Rodeney Knights , Iohn Fitz Iames senior , and Robert Stowell Esquire , had the like for the Banks &c. from Ryngwelle to Haylake Yoo ; thence to Shestrygge Yoo ; thence to Colestoke ; and thence to Blakstake in the See ; and to proceed therein as abovesaid .

Thus much for the Commissions : I next come to the Watercourses e e Ex R●gistro Glaston . coenobii , penès Radulphum Sheldon de Beoley , in com . ●igorn . arm. an. 1659. of Brent marsh , and who did antiently repair them .

The Lord of Bageworthe ought to repair the Chanel from Blakelake unto the Sea . And the Lord of Bitesham that from Winesbrugge to the Sea . Philip the Son of Corbin that from Winesbrugge to Blakelake . Hugh the Son of Auger , and the same Philip , from Hengestes mere to the Sea . The second course from Hengestesmere to the Sea , the same Hugh the son of Auger : and the third course from Hengestesmere to the Sea , Raph de Seinbarbe .

From the mouth of Mere to the Sea , the Church of Glastonbury : and from another part , from Blakeswelleshevede to the Sea , the Church of Glastonbury . From Schipperide to Wakefen the Dean of Welles ; and so from Wakefen , to the Land of Robert de Ewyas Lord of Hewisch ; and from Brodecrofte to the Mill of Geffrey Lord of Burham .

From Thipride to Baggepole , the Dean of Welles , and Lord of Blakeforde . Also from Baggepole to Watebrok , the said Lord of Blakeforde .

From Wathebrok the Dean of Welles upon his own Land ; and Robert de Countvile , also , for as far as his Land extended . After him the Lord of Alnodestone , beyond Aldodestone were , beyond Wereham , Bagerde superior and inferior , to the Sea . So also from Bethepulle unto the Land of Chalftone : and from Ewendone and Chalftone unto Cosingtone ; and from Cosingtone to Honispel , and thence to the Sea .

Sedgmore .

There is also in this County , a large Fenny plain ; which , being covered with water for the most part of the VVinter , and in Summer affordeth nothing but Rushes , Reeds , and Sedge , hath thence the name of Sedgmoore .

Over this level there is a fair Causey of stones and gravel ( from Somerton to Bridgwater ) about eight miles in length , antiently made by one of the Abbots of Glastonbury ( as tradition saith ) which still bearing his name , is called Graylock's fosse .

I do not find , from the authority of any Records , or other credible testimony , that there was ever any endeavour used for the improvement of this Moor by drayning , till of late dayes , that King Iames ( of blessed memory ) making title to the soyl , resolved to do it : But , as in most other places , there be a perverse generation of people , who , of themselves are not content to sit still , but will hinder others that would promote such laudable works for the publick good ; so was it here ; for divers there were that made opposition thereto : But after a Bill exhibited in the Exchequer , those opponents and the rest of the owners of the adjacent Lordships commoning with their Cattel upon this Moor , discerning , that they could make no justifiable claim to the soyl , offer'd to assign unto the King four thousand Acres in lieu of his right thereto , and to lay out the residue ( being nine thousand five hundred twenty and two Acres ) unto those their Lordships : which being accepted of by the King , there were Allotments then made , according to the proportion of each Mannour .

Neverthelesse , after this fair entrance to so good and beneficial a work , nothing was done therein : To give some encouragement therfore to posterity , in case this present age shall still decline it , I have here exhibited a perfect Map thereof , with the particular Allotments assigned to each of those bordering Lordships .

TheDivisionandAllotmentof King's Sedgmore ,totheseveralMannoursandFreeholdersthereuntoadjoyning,accordingtotheSurveythereoftaken. Quantity of the Mannors . Allotment of Acres in the Moor. Names of the Mannors . Acres . Acres . Dunwere Bower . To the heirs of Sir Robert Chichester , 600 171 To William Hinkmore Esquire , 350 100 To Brent's Lands there , 260 75 Stawell . To Sir Iohn Stawell Knight of the Bathe , 960 274 Sutton Mallet . To Iohn Mallet Esquire , 820 234 Bawdrippe . To Walter Longe Esquire , 765 218 Brodney . To Thomas Muttlebury Esquire , 246 70 Middle Zoy. To Richard Warr Esquire , 1714 488 To Sir ●ichard Strode , 194 56 To the Freeholders there , 80 23 Mourlinch . To the heirs of Mr. Floyer , 1240 354 Higham . To Henry Lord Gray 2485 708 Netherham . To the heirs of Sir Edward Hext , 928 264 Aller . To Sir Iohn Stawell , Berre . To Sir William Courtney , 400 114 To Iames Northover , Gentleman , his Farm there , 300 86 To the Parsonage , and other Freeholders there , 100 29 ●ishcot . To Sir Thomas Cheeke , 1846 526 Horsey To Sir George Horsey , 1293 370 Ched Zoy. To William Earl of Pembroke , 1440 411 Wes●on . To Sir Peter Van Lore , 2038 582 To the Parson and Vicar , Iohn Brag and Nicholas Watts , Othery . To Edward Trint Esquire , 1378 393 To Mr. Balle , Mr. Harris , and Mr. Sanders , their Freeholds , 121 35 Somerton . To Thomas Hill Esquire , 1430 408 To Iames Rese Esquire , 464 132 To the heirs of Sir Edward Hext , 3159 901 To the Parsonage there , 171 49 To the Church-Burgages , 52 15 Graynton . To the heirs of Mr. Watts , 1019 291 Pitteney . To William Earl of Northampton , 1114 318 To the heirs of Sir Iohn Hanham , 882 251 Cumpton . Dondon . To Sir Iohn Strangways Knight , 1921 548 To Baronet Portman his Freehold there , Walton . To Sir Thomas Thinne , 1893 540 Streete . To Andrew Whittington , 1711 488 To Mr. Alexander Deyer , To Freeholders , omitted , Memorandum , that these Allotments were rated proportionably after the rate of xxviij Acres and a half of the Moor ( by the perch of xv foot ) to every hundred Acres of the severals . The total 32374 Acres . The total 9522 Acres , besides 4000 Acres intended for the King .

CAP. XXI●

TOuching the Marshes in this County , the first Commission , a a Pat. 5 E. 2. p. 2. m. 4. in dorso . that I have found , was in 5 E. 2. and directed to Iohn de Wyllington , Robert de Clyderhom , and Stephan de Salt-marsh , for the view and repair of the Banks &c. in the parts of Hambury in Saltmersh . The like , b b Pat. 7 E. 2. p. 2. m. 16. in dorso . about two years after , was directed to Nich. de Kyngeston , Richard de Rodeneye , and Iohn de Dunstaple .

In 33 E. 3. Thomas de Berkelee of Coberlee , Simon Basset , William de Chiltenham , Iohn de Yate and Iohn de Clifford were assigned c c Pat. 33 E 3. p. 1. m. 19. in dorso . to view and take order for the repair of all those which were bordering upon Severne , betwixt Bristoll and Gloucester . So also in 36 E. 3. were d d Pat. 36 E. 3. p. 1. m. 15. in dorso . Thomas Moygne , Iohn Tracy , Iohn Clifford , and Iohn Sloghtre . And in 38 E. 3. the said Iohn Tracy , e e Pat. 38 E. 3. p. 1. m. 27. in dorso . Iohn Clifford , and Iohn Sloghtre . Who accordingly sate at Thornbury , upon Monday next after the Feast of S. Peter ad Vincula : where the Juro●s presented f f Ex bund . de Brev. & Recordis , Wallias &c. tangentibus , 38 E. 3. n. 8. unto them upon Oath ; that Iohn Fitz Nicholl , Lord of Hull , was bound to receive the watercourse of the Rendyche , lying betwixt the Lordships of Roehampton and Hull , and to lead the same upon his own land unto the Severne ; which he had not done ; and that the Country was dampnified by such his neglect . And the same Iohn , being thereupon distrained to come before the said Justices at Sobbury , on Wednesday next after the Feast of Peter & Paul , in the 39th year of the said K. E. 3. to answer thereunto , came ; and said , that he ought not , nor ever did receive and lead the said Watercourse upon his own proper soil unto Severne , as it was alleged ; and therefore did put himself upon the Countrey : And accordingly was dischadrged therof by the Jurors .

In 44 E. 3. Iohn Moubray , Will . Wakebrigg , Iohn Sarjaunt , Robert Palet , and William Church hill were appointed g g Pat. 44 E. 3 p. 1. m. 33. in dorso . to view and repair the Banks &c. in Saltmersh , neer Bristoll .

In 2 R. 2. it was certified h h Plac. coram domino Rege apud Glou● . term . Mich. 2 R. 2. rot. 8. Gl●uc . , that there was , and antiently had been a certain standing water , occasioned by rain , in the Meadows and Fields of the Towns of Aylbrighton , Olveston , Auste , neer Cotes and Littelton , in the Winter season every year ; for the drayning whereof , there likewise was , and antiently had been a certain Trench , wholly out of the land the Abbot of Malmesbury , extending from the waters of the said Towns to a certain place called Holpole ; and from thence to another place called Holpole ; and thence to a place called Pynkenhampspull , and thence to another place called Cakepull ; and thence to Severne , which is an arm of the Sea . Which trench the said towns of Aylbrighton , Olveston , & Auste neer Cotes were obliged to scour . And they said , that neither the waters of Aylbrighton , Olveston , Auste , neer Cotes , and Littelton , nor any other waters coming upon , or overflowing the Lands and Meadows of those Towns , by rain , or any other means , before the twentieth year of the reign of King Edward the first , did use to run to Boyston , nor from thence to Severne , no● Littelton's pull ; nor to the trench which the said Abbot claimed only for the drayning of the waters overflowing his Lands , unto Severne , as by the allegation of Thomas Shardelowe , then the said King's Attorney , was supposed .

Several other Commissions there were , in this King's time , for the repair of the Banks , Ditches , and Sewers in this Shire ; viz. in 4 R. 2. to i i Pat. 2 R. 2. p. 1. m. 17. in dorso . Sir Thomas de Berkele and Sir Iohn Thorpe Knights , Raphe Waleys and Iohn Stanshawe for those in the Towns of Albrighton , Olveston , Luttleton , and Aust , neer Cotes .

In 6 R. 2. to k k Pat. 6 R. 2. p. 1. m. 9. in do●so . Sir Iohn Beauchamp of Powyk , and Sir Will . Castelacre Knights , Iohn Cherleton and William Heyberer , for all in general throughout this County .

In 8 R. 2. to l l Pat. 8. R. 2. p. 1. m. 39. in dorso . Sir Thomas Berkele , Sir Iohn Berkele , and Sir Edward de Bradeston , Knights , Robert de Cherletone , Iohn Sergeant , Raphe Weleys , and Iohn Stanshawe , for those on the coast of Severne , in the Hundred of Berkele , Grumbaldesash , Thornebury and Hembury .

In 9 R. 2. to m m Pat. 9 R. 2. p. 1. m. 11. in dorso . Thomas Berkley of B●rkley , Robert Bealknap , Iohn Berkley , Iohn Tracy , Iohn Sergeant , and Iohn Lucy , for those on the coast of Severne , and parts adjoyning . So likewise in 13 R. 2. to n n Pat. 13 R. 2. p. 1. m. 34. in dorso . Sir Iohn Berkele Knight , Iohn Cassey , Raphe Waleys , and others .

In 16 R. 2. the King , directing his Precept o o Claus. 16 R. 2. m. 4. to the Shireev● of this County ; wherein he reciteth , that whereas Sir Robert Bealknap Knight , and Iohn Lucy , lately constituted his Justices of Sewers , for the Banks &c. on the coast of Severne , and the parts adjoyning ; did ordain and appoint , that the breach made by the men of Aylberton , in a certain Causey dividing the Fields of Luttelton and Aylberton , should be repaired and made good , in as perfect a manner as it was before . And that for the drayning of the waters out of the Towns and Fields aforesaid , a certain Ditch , which extended it self from the South side of the said Causey , from the town of Aylberton unto Severne , should be competently amended in such places where need required , at the chardge of those who had estates in the Lands and Tenements adjoyning ; that is to say of those who had used to make and repair them ; and that this should be done as often as need required . And moreover , that six sufficient men , having lands in those parts , and also one Bayliff should be chosen and sworn to view , as often as they should think fit , all the said Ditch , from the one end thereof to the other ; and to cause it to be amended and repaired from time to time , according to the tenor of the said Ordinance and Decree .

And that a certain Sluse , antiently set in the said Ditch , at the common chardges of all those who had benefit by the drayning of those waters , which did descend thereby , should be competently maintained by the view of the said six men and the Bayliff before-specified . And that certain men of those parts , specified in the said Processe , ought severally to scour and clense some perches of the said Ditch ; and that they should be distrained there●o , by the said six men and the Bayliff , as often as occasion required ; as by the Record and processe thereof had on that behalf , and by the said King's Letters Patents , exemplified under his great Seal , more plainly might appear .

And forasmuch as at that time , upon the relation of divers of the said King's faithful Subjects , he was informed , that , through the neglect in observing the said Ordinance and Decree , much losse had hapned to divers of his Loyal Subjects , and others residing in those parts ; and many worse , in processe of time were like to fall out , except a more speedy remedy were used therein : the said King , for prevention thereof , commanded the said Shireeve , to view the exemplification of that Record and processe ; and calling before him those six men and the Bayliff , and fully declaring the premisses unto them ; to warn and distrain them for the performance of all things , which did belong to them therein .

In 11 H 4. Sir Gilbert Denys Knight , Robert Poynns , Iohn Grevill , Iohn Giffard , Iohn Russell , Will . Godefelawe , Gilbert Gylberd , and Will . Merbury , were assigned p p Pa●. 11 H. 4. p. 1. m. 3. in do●so . to view , and take order for the repair of all those Banks &c. betwixt Gloucester and Bristoll , which were then broken by the violence of the tides ; and to do all things therein according to the Law and Custome of this Realm , and the Customes used in those places . As also to take so many Labourers upon competent wages , in respect of the great necessity , as should be needful for that work .

And in 1 H. 5. Robert Poyntz , Alexander Clevedone , Thomas Mille , Iohn Derhurst , Robert Stanshawe , and Nich. Alderlegh were appointed q q Pat. 1 H. 5. p. 1. m. 21. in do●so . to view and repair all those Banks &c. in Salt marshe , betwixt Olston and Hembury : and to act therein according to the Law and Custome of the Marsh.

CAP. XXII .

FROM Gloucestershire I must make a large step , the more Western parts of this Realm affording no considerable Marshes ; nor the North VVest neerer than Yorkeshire ; but that Country is well stored with such Fenny grounds , especially neer the Rivers of Ouse , Darwent , Aire , Done , Crent , and Humber ; some part whereof do lye in the East Riding , but the greatest proportion , in the West Riding of that County : for in that flat about Hoveden , and bordering upon it , it hath been observed a a Lel. Itin : vol. 1. p. 58. , that there are no lesse than fifty eight Villages , and that it hath heretofore been vulgarly called b b Lel. Itin : vol. 1. p. 58. Waulyng fenne ; though now ( as I think ) Dikes marsh , and Hatfield Levell are the most noted names whereby it is commonly known .

Pursuing therefore my accustomed method , in discoursing of the improvements here likewise made by banking and drayning ; I shall observe , that the first Commission c c Pat. 23 E. 1. m. 16. in dorso . for that purpose , wherewith I have met , is in 23 E. 1. and directed to H. de Cressingham , and I. de Lithgreines ; who , upon complaint made to the King , by Walter de Langeton , then Master of the Hospital of S. Leonards at York ; that divers persons , having lands lying neer the River Ouse , betwixt the towns of Houke and Rednes ; who , in respect of those their said lands , ought to repair and maintain certain Banks and Sewers upon the borders of that stream , for the securing of them from inundation , as they and their Ancestors in times past had done ; did neglect so to do , whereby great losse accrued to many other Land-holders in those parts ; the said King assigned them the said Hugh and Iohn , to enquire the truth thereof , and to take such course for the redresse of the same , as should be consonant to the Laws and Custome● of this Realm .

The like Commission d d I● . m. 15 in dorso . had the said Hugh and Iohn touching the view and repair of the Banks , Ditches &c. upon the same River of Ouse , from Cawode to Faxflete , on both sides the water . So also in 27 E. 1. had Thomas de Burnham and Gerard Salveyne , for the same Banks &c. betwixt Cawode and Faxflete .

In 28 E. 1. upon information e e Pat. 28 E. ● . m. 7. in dorso . made by the Land-holders of Brunkestet and Faxflet , that one Peter Betard and the townsmen of Beleby , had diverted the stream of Beleby Wathe out of it's antient Chanel , into the Watercourse of Fulnathe : and likewise that the Inhabitants of Estringtone and Portingtone , had turned the course of those such waters , as passed neer those towns , by several trenches , so variously , that , upon any great rain they drowned the great●st ●art of the lands adjacent ; so that neither passengers could travel in the common Road betwixt Beleby and Pokelington , nor the said men of Brunkeflet and Faxflet , till and sow their low grounds , or dig turf in the Moor of Walingfen , or depasture their Cattel in the parts thereabouts ; the King therefore assigned the before-mentioned Iohn de Lythegreyns , and Robert de Boulton to view those places , and to redresse the said nusances .

Several other Commissions for the view and repair of the Banks , Ditches , and Sewers in those parts , were afterwards issued ; viz. in 32 E. 1. to f f ●at. 32 E. ● . m. 20. in do●so . Thomas de Burnham , William de Hake , and Thomas de Fisheburne , concerning those , upon Ouse , betwixt Cawode and Brungflete . In 2 E. 2. to g g Pat. 2 E. 2. m. 22. in dorso cedulae . Alexander de Cave and Geffrey de Hothum , for those upon the verge of Humber and Ouse , betwixt Ellerker and Barneby , neer Hoveden .

In 4 E. 2. to h h Pat. 4 E. 2. p. 1. m. 25. in dorso . Will . de Huke , Gerard Salveyn , and Iohn de Metham , for those betwixt Faxflete and Cawode . And in the same year to i i Ibid● m. 18. in dorso . 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 k k Pat. 8 E. 2. p. 2. m. 2. 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 l l Pat. 8 E. 2. p. 2. m. 2. 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 m m Pat. 9 E. 2. p. 1. m. 4. in do●so . 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 n n Pat. 9 E. 2. p. 2. m. 29 in dorso . 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 o o Pat. 12 E. 2. p. 2. m. 1. in dorso . 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 p p Pat. 13 E. 2. m. 16. in dorso . 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 q q Pat. 14 E. 2. p. 2. m. 24. in dorso . 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 r r Pat. 16 E. 2. p. 1. m. 14. in do●so . those on the verge of Ouse in Merskland , betwixt the River of Ayre and Trent fall . So likewise s s Ibid. p. 1. m. 10. in dorso . , 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 t t Claus. 16 E. 2. m. 1. 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 u u Pat. 17 E. 2. p. 1. m. 17. in dorso . 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 w w Pat. 17 E 2 p. 1. m. 18. in do●so . 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 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 x x Pat. 18 E. 2. p. 1. m. 23. in do●so . , for the view and repair of those banks , Ditches &c. on the East part of Ouse , betwixt Turneheved and Barneby ferry : As y y Pat. 18 E. 2. p. 2. m. 36. in dorso . 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 z z Ibid. m. 8. in dorso . 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 a a Ibid. m. 10. 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 b b Pat. 5. E. 3 p. 1. m. 35. in dorso . 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 c c Pat. 7 E. 3. p. 1. m. 4. in dorso . to view and repair the banks &c. betwixt AErmyne and Selby . So likewise in 11 E. 3. were d d Pat. 11 E. 3. p. 1. m. 33. in dorso . 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 e e Claus. 13 E. 3. p. 2. m. 21. 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 , that Margerie , the VVidow of Robert de Botheby of Rihill , conspiring cunningly to supplant him in his right , caused the same trench , in the said Kings absence from England , to be stopt up ; and his Tenants of that Mannour , who were at the making thereof , to be impleaded , by divers VVrits , as trespassers to the said Margerie ; alleging that they had broken the Banks of a certain Sewer at Rihill aforesaid ; so that the water thereof , by that breach , did drown her lands , that she could have no profit by them : And that certain VVrits of Nisi prius for to take Inquisition upon the premisses , were granted to the said Richard and VVilliam : by which , in case they should be taken , or that there should be such proceedings therein , he the said King might easily receive prejudice and disherison ; especially , if thereby his said Tenants should be convicted of those trespasses ; for then it would appear that he had no right to make that trench : Therefore the said King , being desirous , by all wayes he could , to prevent such damage and disherison ; commanded the before-specified Richard and William , that they should wholly supersede the taking of any such Inquisitions , by virtue of his said VVrit of Nisi prius .

In 17 E. 3. Sir Thomas Ughtred , Sir Gerard de Useflet , and Sir Will . de Kednesse Knights , Iohn de Bekingham and Iohn de Langeton were assigned f f Pat. 17 E. 3. p. 1. m. 40. in dorso . to view the banks betwixt Turnbrigg , neer Rouclif , and the antient course of the River of Done , in the parts of Merskland : as also those upon the Rivers of Ayre , Use , and Done , thereabouts , which were then much broken by the flouds of fresh waters ; and to take order for the repair of them .

In the same year upon a Petition exhibited to the King in Parliament , by the Inhabitants of Merskland , in this County , and they of ●xholme in Lincolnshire ; shewing , that whereas King Edward the second , at the sute of them the said Inhabitants ; suggesting , that the River of Done , which is the division betwixt the said Counties , where the course of the water had wont to be , aswell for the passage of ships from the town of Doncastre , unto the River of Trent , as for the drayning of the adjacent lands , was obstructed by the Sea-tides ; and thereupon gave Commission to Iohn de Donecaster , and others , to clear the same , and reduce it to it 's antient course . VVhich Commissioners did accordingly cause a trench of xvi foot , and one grain of Barly in bredth , to be thereupon digged at the chardge of the men of those parts , from a certain place , called Crulleflet hill , unto Denmyn ; and did thereby reduce that stream into it's antient course : And that since the said trench so digg'd , there were bridges , floud-gates , and divers other obstructions , made anew in the said stream , so that it had not sufficient bredth , but that the passage of ships was hindred , and the adjacent grounds overflowed : he therefore constituted g g Ibid. Roger de Newmarsh , Thomas de Levelannor , Iohn de Ludington , and Iohn de Rednesse his Commissioners , to remove those obstructions .

In the same year , upon h h Pat. 17 E. 3. p. 1. m. 12. in dorso . information by the Inhabitants of Rykhale , Skipwith , Eskrik , Styvelyngflet , Duffeld , and Bardelby , that the banks of a certain Sewer , which passeth from the River of Ouse unto Rikhale , were so low and ruinous at Rikhale ; that , by the flowing of the Ouse , entring that Sewer , and going over the banks thereof , divers lands and Meadows of the said Inhabitants of those places ; as also a certain Road-way which goeth from Hoveden to Yorke , and another which commeth from Selby to Yorke , through want of repair of those banks , and raising them higher , were many times overflowed , so that the before-specified Inhabitants , for many years past , had lost the benefit of their said lands : the King therefore assigned i i Pat. 17 E. 3. p. 1. m. 12. in dorso . Will . Basset , Sir Will . de Rednesse Knight , Robert de Haldanby , and Iohn de Bekyngham , his Commissioners , to enquire thereof , and to redresse the same .

By virtue of which Commission , they the said Robert and Iohn , sate at Rikhale upon Friday , being the Feast of the decollation of S. Iohn Baptist , in the year abovesaid ; before whom Henry de Moreby , and his Fellow Jurors , being impanelled and sworn , did present upon their Oaths ; that there was a certain Sewer at Ryhkale , called Rykhaleflete , in the land of the Bishop of Duresme , and the Prebendary of the Prebend of Rykhale , by which the waters that descended from the Fields of Eskrik , Skipwith and Rikhall , fell into the River of Ouse , and had done so time out of mind : and that the banks of the said Sewer , and those lying near thereto , upon the said River , were so low ; and the same Sewer by the frequent ebbing and flowing of the Ouse , so worn away and enlarged , in regard that the course of that River from Rikhale towards the Sea , was then more straightned than formerly , by banks upon the verge thereof newly made for the safeguard of the Country , in divers places ; which causing it in Floud-times to rise higher than usually , did by it's entrance of that Sewer , over those banks , drown much land , meadow , wood , and pasture , belonging to the Inhabitants of Rikhale , Skipwith , Eskrik , and Thurgramby ; so that they often lost their benefit of those lands , through the want of repair and raising the banks of the same Sewer ; viz. of the Bishop of Dure●me his Lands , about Lxiiij Acres ; of the Lands belonging to the Prebendary of Rikhale , and his Tenants , about an hundred Acres ; of the land of Iohn de Manesergh about xxx Acres ; of the lands belonging to the Abby of S. Marie in Yorke , lying in Escrik Park , about Lx Acres ; of the lands pertaining to Sir Raphe de Lascels , Avice la Constable , Nicholas Damory , the Prioresse of Thikheve and her Tenants , about Cxx Acres ; of the lands of Edmund de Averenges , and Iohn de Skipwith , about Cxx Acres .

And they also said , that the Road-way , which leadeth from Hoveden to Yorke , as also that High way from Selby to Yorke , were , by reason of that overflowing of the water , entring by the said Sewer , so often drowned , that no man could passe them .

And that one Will . le Mareschall , by reason of the said overflowing , was drowned in that Road betwivt Seleby and Yorke , the year before ; and so likewise was one Walter Redhed , at another time , in a place called Welebrig , overflowed in such sort by the said water .

And being asked through whose neglect it was , that those banks were not repaired , and who ought to repair them ; they answered , that the Prebendary of the Prebend of Rikhale , had , in times past , a certain Mill , which stood in the said Sewer , in a place called Rikhaldrun , for his own private commodity , and a pool raised to a certain height ; upon which pool was a Causey for the passage of Carts and Waines , and under that pool a Sluse , six foot in bredth , for evacuation of the water descending from the before-specified fields ; by which Causey and Sluse , the tides of Ouse , coming up the same Sewer , and flowing over the banks thereof , entring the said pool , were 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 O●sflet Knights , Robert de Midelham , Robert de Haldenby , Thomas Proctour of Rednesse , and Will . Gatorest , were l l P●● . 23 E. 31 ● . 3. m. 13. in dorso . 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 N●tton , Will . de Hinchden , Illard de Usflet , ●nd Thomas de Egmanton had m m Pat. 24 E 3. p. 3. m. ●● dorso . 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 ● and in the Wapentakes of Barston and Herthill , betwixt Use and Derwent , So also had n n Ibid. 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 o o Pat. 26 E. 3. p. 1. m. 20. in dorso . 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 p p Pat. 26 E. 3. p. 3. m. 11. in dorso . 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 q q Pat. 30 E. 3. p. 1. m. 4. in dorso . Iohn de Moubray , Illard de Usflet , Iohn de Walton , and Iohn de Feriby for the Banks &c. upon Humbre , betwixt Faxflet and Paulesfl●t . In 31 E. 3. to r r Pat. 31 E. 3. p. 1. m. 4. in dorso . Rob●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 s s Pat. 33 E. 3. p. 1. m. 14. in dorso . 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 t t Pat. 36 E. 3. p. 1. m. 15. in dorso . 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 u u Plac. coram Rege term . M●ch. 36 E. 3. Rot. 33. Ebor. 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 w w Ib. rot. 35. neglecting to repair the said Banks upon Ouse , to the damage of the Road-way betwixt Usflete and Ayrmyn .

Upon the pleadings x x Ib. rot. 44. 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 y y Pat. 39 E. 3. p. 1. m. 32. in dorso . Commissioners for the view and repair of the Banks &c. on the North side of Ayre , betwixt Ayremin & Ferybrigg . The like Commission , z z Ib. m. 30. i● dorso . 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 a a Pat. 39 E. 3. p : 2. m. 12. in ●orso . 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 b b Plac. apud Wes●m . coram Rege , term . Hill. 40 E. 3. rot. 26. Ebor. 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 over●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 c c Pat. 40 E. 3. p. 1. m. 30. in dorso . 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 d d Ibid. 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 e e Ibid. Thomas de Roos of Hamlake , Thomas de Ingelby , VVill. d● 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 Barston and Herthill ; and betwixt Use and Derwent . And the next year following , Iohn Moubray , Thomas de Ingelby , Henry de Barton , and others , had the like assignation for f f Pat. 41 E. 3. p. 1. m. 19. in dorso . the Banks &c. betwixt the Rivers of Ayre , Ouse , and W●erfe , and to act according to the Law and Custome of this Realm .

Several other Commissions also were directed to others , for the view and repair of the same Banks , and all such as were in decay , in those parts ; viz. in the same year to g g Ibid. Richard de Ravensere Provost of Beverly , VVill. de Fyncheden , and others , for those upon the Rivers of Use , Ayre , and Done , in the parts of Merskland and Osgodcrosse . And to h h Ibid. Thomas de Ingelby , VVilliam de Fynchedon , Will . de Galby , Parson of Epworth , and others , for those in the parts of Balne and Mersland .

In 43 E. 3. to i i Pat. 43 E 3. p. 1. m. 33. in do●so . Sir Thomas de Metham , Sir Roger Lascells Knights , Roger de Fulthorpe , and others , for those upon the the coasts of Humbre , Ouse , Derwent , Fulne , Langedyke , and Skelflete , within the Liberty of Hoveden and VVapentake of Herthull ; and betwixt the Rivers of Ouse and Derwent . In 44 E. 3. to k k Pat. 44 E. 3. p. 1. m. 33. in dorso . Richard de Ravens●re Arch-Deacon of Lincolne , Will . de Fyncheden , Gerard de Usflet , and others , for those upon the Rivers of Ayre and Done , in the parts of Merskland and Osgodcrosse . And in the same year to l l Ibid. Iohn de Moubray , Thomas de Ingelby , Henry de B●rton , and others , for those betwixt the said Rivers of Ayre , Ouse and Wherfe .

In 49 E. 3. to m m Pat. 49 E. 3 p. 1. m. 6. in dorso . Thomas de Metham , Wll. de Mirfeld , Henry de Barton , and others , for those betwixt the Rivers of Wherf , Eire , and Ouse .

In 50 E. 3. to n n Pat. 50 E. 3. p. 1. m. 30. in dorso . Roger de Fulthorpe , Will . the Son of VVill . Skipwith , Iohn de Brakenholme , and others , for those betwixt Ouse and Derwent .

In 51 E. 3. to o o Pat. 51 E. 3. p. 1. m. 41. in dorso . Richard de Ravensere Clerk , Roger de Fulthorpe , Iohn Cunstable , and others , for those upon Use , Ayre , and Done , in the parts of Merskland and Osgodcrosse . So also to p p Ibid. Roger de Fulthorpe , Iohn de Aske , VVill . the son of VVill . Skipwith , and others , for those betwixt Ouse , Derwent , Spaldyngmore , and Hovedenshire .

To the said King Edward 3. succeeded his Grandson Richard the second ; who in the second year of his reign , directing his Precept Claus. 2. R. 2. m. 33. to Robert de Haldanby , wherein he recited , that his said Grandfather , considering the waste and spoil whereunto the Country of M●rskland in this County , was subject to , by the inundations of Humbre , Ouse , and Trent ; and that the chardge , whereat the Inhabitants ther●of had been , for the defence thereof , and still ought to be , was so great through their losses , by many flouds , as that they were not able to withstand the approaching perils without help from others : and therefore , being most willing to provide for their succour , did on the twenty fourth day of Iune , in the 43th year of his reign , grant unto them , all Fines , Issues , Forfeitures , and amerciaments then adjudged by virtue of his Commission to the said Robert and his associates , or which might for the future be adjudged , before them the said Commissioners , then his Justices of Sewers in those parts , in their several Sessions , to be received and levyed by the hands of the Deputies for the Commonalty of that Country , towards the support of their said chardge and expence : By which Precept he commanded the said Robert , ☜ that he should deliver the Extracts of the said Fines , issues , forfeitures , and amerciaments , adjudged before him and his said associates , from the date of that Commission , unto the death of the said King ; to the end that they might cause them to be levyed by those their Deputies , and have them according to the tenor of the same Letters Patents .

In 4 R. 2. Richard de Ravenseere Clerk , Iohn de Botheby Clerk , Roger de Fulthorpe , Iohn Constable , Gerard de Usflet , Thomas de Rednesse , Iohn de Aske , Robert de Haldanby , Iohn de Sadyngton , VVilliam de Swynflet , and Thomas de Egmanton ● were assigned r r Pa●. 4 R. 2. p. 1. m. 17. in do●so . to view and repair those ba●ks &c. upon the Rivers of Use , Eyre , and Done , in the parts of Merskland and Osgodcrosse . So also in 6 R. 2. were s s Pat. 6 R. 2. p. 1. m. 9. in dorso . Roger Fulthorpe , Thomas de Metham , Iohn de Aske , Thomas de Saltmershe and Iohn de Kirkeby , for those in the parts of Howedenshire .

In the same year the Inhabitants of Merskland before-specified , and of the Isle of Axholme in Lincolnshire , by their Petition t t Ib. m. 37. in dorso . to the said King , wherein they shewed , that whereas King Edward the second did at their humble sute constitute Iohn de Doncastre , and others , his Justices to clear the River of Done ( which is the division betwixt those Counties ) aswell for the passage of ships from Doncastre to the River of Trent , as for drayning of the Lands adjacent : which said Justices , did accordingly cause the said Chanel to be digged from a place called Crulfrethill unto Demmyn , in bredth xvi foot and one grain of Barly , at the chardge of the said Inhabitants of those parts ; and thereby reduced the same water into it's antient course : and that since the said clensing thereof , there were certain bridges , and other obstructions made therein , so that the passage of ships was again hindred : The said King therefore issued out his Commmission u u Ibid. to Roger de Fulthorpe , Robert de Morton , Robert de Haldanby , Will . de Swynflete , and Robert Ga●ke , to enquire thereof , and to make such redresse therein , as should be expedient in that behalf .

In 7 R. 2. the same Roger de Fulthorpe , Stephan del Fall , Iohn de Aske , Thomas de Saltmersh , and Iohn de Kirkeby were constituted w w Pa●. 7 R. 2. p. 1. m. 17. in dorso . Commissioners to view and repair the Banks &c. in the parts of Howedeneshire , and Wapentake of Herthill , and betwixt the Rivers of Ouse and Dexwent . The like Commission x x Pat. 12 R. 2. p. 1. m. 13. in dorso . in 12 R. 2. had Sir Philip Darcy , and Sir Will . Fitz Knights , Iohn Woderove of Dransford , and Thomas Maunsell for those betwixt Ayrmyn and Ferybrigg . So also in 15 R. 2. had y y Pat. 17 R. 2. p. 2. m. 37. in dorso . Sir Iohn le Scrope , Sir Gerard de Ousflet , Sir Thomas de Redenesse , Iohn Woderove , and others , for those upon Ouse , Ayre , and Done in the parts of Merskland and Osgodcrosse in this County ; and to do all things therein according to the Law and Custome of this Realm . And in 17 R. 2. Sir Philip Darcy Knight , Iohn Wod●ove , William Gascoigne , Thomas Maunsell , and Iohn Nevill , had z z Pat. 17 R. 2. p. 2. m. 37. in dorso . the like , for those banks &c. betwixt Eyrmin and Feribrigg , on the South part of Eyre , and Brotherton and Neweland on the North side ; with direction and power to proceed therein , according to the Law and Custome of England , ☞ and the Custome of Romeney Marsh , till that time used : As also to imprest so many Diggers and other Labourers , as they should think fit to imploy in that work , allowing them competent wages , in regard of the urgent necessity for the expediting thereof .

In 21 R. 2. upon a a a Plac. coram Rege term . Mich. 21 R. 2. rot. 25 Ebor. sute in the Kings Bench for the clensing of a certain Sewer called Poldike , betwixt Hamercon and Non Monketon , the Abbot of Fountaines was dischardged from the making and repairing a bridge , called Wethington brigge , lying betwixt Wethington and Thorpe Underwode .

In 1 H. 4. upon a Commission directed to Laurence de Allerthorpe , then one of the Barons of the Exchequer , Sir Thomas Metham , Sir Will . Chetwyn , Sir Gerard Ursflet Knights , Will . Gascoigne , Robert Thyrwhyt , Robert de Waterton , Hugh de Ardern , Will . Hundegate and VVilliam Lodyngton , for the view and repair of the Banks , Ditches &c. betwixt the Town of Pokelyngtone and the Rivers of Humbre and Derwent ; as also within the VVapentake of Herthill and liberty Hovedene ; whereby they were appointed to act according to the Law and Custome of this Realm ; the said Justices sate at Hovedene upon Thursday in Easter week , in the year abovesaid ; before whom the Jurors presented upon their Oaths , that there was a certain VVatercourse , called Poklyngton b●k , which had used to run directly .....................................

[ H●re the Record is obliterated by moisture and dust , in at least xl lines . ]

...... And the said Robert . ....... ought to repair all the VVatercourse of Foulnay aforesaid , in form aforesaid , unto the North part of Morgramenge , for his Tenements in Holme aforesaid . And that from thence , Sir Gerard Salveyne Knight , was obliged to repair the said VVater-course in form aforesaid , unto the water of Peter de la Hay , called Botelere water : and from the beginning of the said Boteler water , the said Peter was to repair the same in form aforesaid , unto the water called Mallorys water , for his lands in Spaldyngton : And from the beginning of the said Malloryswater , Sir Iohn Mauleverere Knight , was bound to repair that whole VVatercourse of Foulney aforesaid , in form aforesaid , unto the water of the said Robert Constable , for his lands also in Spaldyngton . And from the beginning of the water of the said Robert Constable , the said Robert ought to repair all the said Chanel of Foulney , unto the water of the Prior of Ormesby , for his Lands in Holme aforesaid . And from the head of that water of the said Prior , he the said Prior to repair all the course thereof , in form aforesaid , to W●llumbrygge , and Spaldyngholme : And from thence , Ioan the Widow of Iohn de Aske , for the lands which she held for term of her life , by the grant of Sir Hugh le Despenser Knight , in Birsay ; the Prior of Ormesby for Spaldingholme ; Sir Robert Constable Knight , for his Te●ements in Holme aforesaid ; Sir Thomas Bosvyle Knight , and Anthony Bosvyle , for his lands in Birsay ; and Peter de la Hay for his lands in Spaldington , to repair the same VVatercourse of Foulney , towards the VVest , from the mid-stream therof for xij foot in bredth , unto the traverse of Hebeldyke

And that the Prior of Wartre , ought to repair the said VVater-course of Foulney , on the East part , from Wellumbrygge aforesaid , towards his own Land , unto Hebeldyke aforesaid , for xij foot in bredth . And from thence Sir Thomas Bosvyle Knight , and Anthony Bosvyle , and Ioan the VVidow of Iohn de Aske , for their Tenements in Birsay , to repair the same , for the bredth of xxiiij foot , to a certain water belonging to the said Ioan. And she the said Ioan , to repair hers , to a place called Foch●eneere , for her lands in Birsay . And from thence she the said Ioan [ , and they the said Sir Thomas and Anthony , for their lands in Birsay , to repair the same , unto the water of Peter de la Hay , there . And the said Peter to repair his water , for his lands in Spaldyngton , in the land of the said Sir Thomas and Anthony Bosvyle . And the said Sir Thomas and Anthony , to repair theirs , unto the water of Will . de Waldeby , in Portington : And the said William to repair the same , from the head of his water , for one Rode , towards Metham enge .

And they said moreover , that from thence , Sir Thomas Metham Knight , was bound to repair all the current of the before-specified water , to Stokholme , in Birsay ; towards a Meadow called the Hal enge , otherwise called Metham enge , in respect of that Meadow ; and thence to the West part of Constable Enge .

And that Sir Thomas Metham Knight , for his Tenements in Birsay , Ioan the VVidow of the said Iohn de Aske , for her Tenements there ; and Sir Gerard Salveyn Knight , for his Tenements in ...... ●me , were to repair the same in form aforesaid .

And that Sir Robert Constable Knight , was to repair the same Chanel , towards his said Meadow , called Constable enge .

And they said , that the before-specified Beatrice , the Prior of Wartre , the Prior of Ell●rton , William VVright , Robert Constable , Isabell , VVill. de Thoxe , Richard Simolfe , VVill . Peresson , Iohn Hastynges , the Abbot of Seleby , Iohn de Pothowe , Iohn Wiltshire , and Blanche ; Peter de la Hay , Robert de Bevere , Gerard Salvaine , Iohn Maleverer ; the Prior of Ormes●y ; Ioan the VVidow of Iohn de Aske , Thomas and Anthony Bosvyle , Wil. de VValdeby , and Thomas de Metham , who ought to repair the said VVater-course of Foulnaye , ought of right to have several fishing in those places , where they or any of them did clense or maintain the same ,

VVhereupon the Shireeve was required to summon the said Beatrice , the Prior of Wartre , and all the rest , above-mentioned , to answer , &c.

Who came accordingly ; by their Attornyes ; and it being demanded of them , what they had to say , why they ought not to repair the said Chanel of Foulney , in such sort as they had been presented : they answered , and severally said ; that they could not deny , but that the same Chanel was obstructed , and not scoured in those places , in such manner and form as was presented ; and that they ought to clense and repair the same : therefore they were severally amer●'d &c. And the said Shireeve had command to distrain them , to the end that he might be secured , that the same water-course of Foulney should be well repaired , as often as need did require .

And they presented moreover , that Sir Robert Constable Knight , th●n Lord of Holme in Spaldyngmore , ought to repair the whole water-course , called Langedyke from Constable Enge , unto Whalsaye Ditch ; and that the same Chanel from Langedyke to Skelflete , and from thence to Humbre , ought to be xij foot broad , and six foot deep . And that the Prior of the Hospital of S. Iohns of Ierusalem , in England , ought to repair the said water-course of Langedyke , below Whalsaye , to Hotham Kerre , in respect of his Lordship of Whalsaye ; and that the said water-course was then stopped , and not scoured . VVhereupon the Shireeve was commanded to summon the before-specified Robert Constable to answer &c. who appearing accordingly , could not deny ; but that he ought to repair and maintain the said water-course ; and therefore he was amerc'd .

And they likewise presented , that there was a certain watercourse , called Alderwent , descending from a place called the Bothe hill in Queldryk , unto the land belonging to the Chapel of our Lady of Storthwayt ; and thence to a place called the Halle bank in Storthwayt ; and thence to Middilhilbrygge in Est Cottyngwithe ; and thence by the space of one Rode of land in the same Town ; and thence to a Close called Thom Parrok , in the same Town of Est Cottyngwithe ; which Watercourse was so obstructed , that the adjacent lands , for default of clensing thereof , were drowned : And that Robert Abbot of Fountaines , ought and had used to repair the said VVatercourse from that place called Bothe hill , to the Halle banke : And that Thomas Abbot of S. Maries in Yorke , ought and did use to repair the same from thence , unto Middilhylbrigge : And that Will . Woderowe of Queldryk ought to repair the same , from thence for the space of one Rode : And that the Prioresse of Thikhed , ought to repair it , from that Rode , unto the Close , called Thom Parrok : And that the Chanel of the said watercourse , being clensed , ought to be xiiij foot in bredth , and six foot in depth : The Shireeve therefore had command to summon the parties abovesaid , to answer &c. who appearing accordingly , could not gainsay , but that they ought to repair the same : VVherefore they were amerc'd , and the Shireeve required to distrain them .

And they also presented , that there was a certain watercourse , called Newlandyke , in Telburne , descending from Landryk mose on the East part unto the Chanels , called Dubbeldykes , in Melburne ; which said Chanels do run to a place , called Skategraves in Seton ; and thence by the current of two Sewers , called the Fossedykes ( running betwixt Seton on the East part , and Lathum and Folkerthorpe on the VVest ) unto the River of Foulnay : and that the said Chanels were obstructed for want of scouring ; as also that the lands there sowed with corn , together with the Meadows and Pastures adjacent , were overflowed , for want of repairing the same : And that the Town of Melburne ought to scour and clense the same , from Landrykmose to Skategreves ; and from thence , the great Ditch , unto a place , called Doderesse , on the North side : And the Town of Seton , Alice Hay , Lady of Lathum , the Prior of Ellerton , the Town of Lathum , Iohn de Pothowe , and the Town of Folkerthorpe , to repair all those other Chanels before-mentioned ; that is to say each of them for their lands , and against their lands unto the said water of Foulnay : And that the said Sewers ought to be xij foot in bredth , and six foot in depth from Folkethorpe bridge , unto the said water of Fo●lnaye . VVhereupon the Shireeve had command to summon them , to answer &c. who appeared &c. and were amerc'd &c. as abovesaid .

And they likewise presented , that the VVatercourse , called Blaktoft damme , otherwise Haunsardamme , which reacheth from Foulnay to the River of Ouse , was then also obstructed , and ought to be repaired by Richard Haunsard , and the Town of Blaktoft , for their Lands in Blaktoft : and that the same ought to be xvi foot in bredth , and viij foot in depth . VVhereupon the Shireeve had command &c. as abovesaid .

And they farther presented , that the said Richard Haunsard ought to repair the same Chanel from Hunsardamme to Foulnay , unto the South end of Gyl●erdyke ; and therefore that he was amerc'd . And that the Village of Blaktoft ought to repair the same from Haunsardamme , as abovesaid : therefore the Shireeve had command to distrain &c.

And the said Jurors also presented , that the water-course of Langedyke , from Whalsey to Skelflete , ought to be xij foot in bredth , and six foot in depth ; and that the same , as also the watercourse of Ragolfdyke ought to be repaired by the towns of Spaldyngton , Gripthorpe , Wylughtoft , Fowerthorpe , He●l●thorpe , Melburne , Bubwithe , Lathum , Seton , Everyngham , Herswell , Holme , Birsay , Beleby , Estryngton , Portyngton , Kaynyll , Birland , Ous●thorpe , Hythe , Sandholme , Blaktoft , Yneflete , Cotnesse , Saltmersk , Skelton , Sandhall , Hothom , Southclyff , Northclyff , and Scalby ; and that the said watercourses were obstructed : wherefore the Shireeve was commanded to summon the Inhabitants of the said Towns ; who appearing could not gainsay the chardge ; therefore they were amerc'd , and the Shireeve commanded to distrain them for the compleat performance of all those repairs .

And they likewise presented , that the watercourse , called Thornton damme , which extended it self from Langdyke to the River of Ouse , was obstructed , so that the adjacent grounds were thereby drowned : and that the same ought to be repaired by the Abbot of Thorntone , for Thorntone house : and also that Thorntone damme and ...... damme ought to be xvi foot in bredth , and viij foot in depth : The Shireeve therefore had command to summon the said Abbot &c.

And they also presented , that the said Abbot was obliged to repair , clense and maintain the watercourse from Langedyke unto the Town of Skalby , and thence to the River of Ouse ; as it was before alleged : wherefore he was amerc'd ; and command given to the Shireeve to distrain him by all his Lands .

And they moreover presented , that the water-course called Temple damme , which lately belonged to the Master of the Temple , in England , was obstructed , so that the lands adjacent were thereby drowned ; which water-course ought to be repaired by Sir Stephan le Scrope of Masham Knight ( Lord of the Mannour of Faxflete ) from Mikilsyke , with the Ditches in Helwysgote and Crakeputte , to the water of Humbre : wherefore the Shireeve had command to summon the said sir Stephan ; who appearing by Thomas de Waldeby his Attorney , said , that he could not deny but that he ought to repair the said watercourse called Temple damme , from Carbrygge , unto th● River of Humbre : but said , that he ought not to repair the same from Mikilsyke , with it's Ditches in Hewysgote , and Crakepitte , to the said bridge , called the Carbrygge , any otherwise than a Commoner in Wallyng fen ; and desired that it might be enquired of by the Country &c. VVhereunto the Jurors said , that the said Stephan was not bound to repair the same watercourse from Mikilsyke , with the Ditches in Helwysgote and Crakepi●te , unto Carbrigge , otherwise than a Commoner in the Marsh of Wallyngfen , in such sort as he the said Stephan had in his pleading alleged : and therefore he was dischardged thereof : but because the said watercourse from Carbrygge unto the Riv●r of Humbre , was not repaired at the time when the before-specified presentment was taken , he was amerc'd , and the Shireeve had command to distrain him .

And the said Jurors presented , that a certain watercourse called Parkdyke , descending from Haunsardamme , Eastwards , to Thornton damme ; and thence , betwixt Scalby and Scalby grene , unto Temple damme , ought to be repaired by the Town of Blaktoft from Haunsardamme to Thornton damme , and thence to the Temple damme by the Abbot of Thorntone and the Town of Scalby : And that the said watercourse was obstructed towards Skalby by Henry de Kelme and others , who threw earth into it by the command of Sir Stephan le Scrope of Masham Knight . VVherefore the Shireeve was required to summon the said Sir Stephan and Henry , to answer &c. VVho accordingly appeared ; and said , that there then was and had been time out of mind a certain Road-way , from the Town and Mannour of Faxflete , unto the same place where , by the above-specified presentment , the said obstruction was supposed to be , and thence unto Hovedene and divers other places . And they said , that the same Henry and others , by the appointment of the said Sir Stephan , did cast earth and sand there , for the amendment of that way ; without that , that there was any antient watercourse , descending , as abovesaid , into Temple damme , as it was presented ; and desired that the Country might enquire therof . And the said Jurors also said , that there was not any common or antient watercourse descending from Thornton damme aforesaid , unto Temple damme , as had been alleged ; wherefore the said Sir Stephan and Henry were dischardged .

And the same Jurors likewise presented , that a certain watercourse called Newe Derwent , from the end of Hovedene Town ; viz. from the way from Hale to Dykysmin , was obstructed and ought to be repaired by the Towns of Hovedene , Knedelyngtone , Askylby , Kylpyn , Neusome , Brend , Spaldyngtone , Kayvill , and Thorpe . VVhereupon the Shireeve had command to summon the Inhabitants of the said Towns &c. whereof they of Hovedene , Knedelyngtone , Kylpyn , Kayvill , and Thorpe , appearing ; severally said , that they could not deny , but that they ought to repair the same water-course in manner and form aforesaid : therefore they were amerc'd . And the said Towns of Askylby , Neusome , Brend and Spaldyngtone , severally answered , that they ought not to repair that water-course , as it had been presented ; and did therefore request that the Country might enquire thereof . VVhereupo● the Jurors , being called , said , that the before-specified Towns of Askylby , Newsome , Brend , & Spaldingtone , ought not to repair the same ; and therefore they were then dischardged .

And they moreover presented ; that a certain watercourse , called Ruddeflete , descending from Wallyngfen to Ruddeflete ; and so by the Milne damme of Brounflete to Humbre , was obstructed ; and that William , then Master of the Hospital of S. Leonard in Yorke , ought to repair the same . And that there was a certain watercourse , called Hodflete , descending from Wallyngfen to Humbre , which ought to be repaired by the said Master : whereupon the Shireeve had command to summon the said Master &c. who appearing , could not gainsay , but that he ought to repair the same : therefore he was amerc'd &c. and the said Shireeve was commanded to distrain him .

And they also presented , that there was a certain watercourse , called Frisdyke , which was totally obstructed , so that the adjacent grounds were thereby drowned ; and that it ought to be repaired by Sir Stephan le Scrope of Masham Knight , Lord of the Mannour of Faxflete .......................... And as touching the plaae called Whitenge to the River of Humbre ; they said , that the before-specified Master of the Hospital of S. Leonards in Yorke , ought to repair the same : whereupon the Shireeve had command to summon him the said Sir Stephan : who accordingly , appearing by his Attorney , answered , that he could not gain-say , but that he ought to repair the said water-course from that place , called Whitenge , unto Oxmer dyke , as it had been presented : therefore he was amerc'd , and the Shireeve commanded to distrain him &c. And the said Master also , by his Attorney , answered , that he could not deny , but that he once did , together with the said Stephan , repair the same watercourse , from that place called Whitenge unto the River of Humbre ; that is to say , the said Master the one half thereof , and the said Sir Stephan the other half : therefore he was amerc'd &c.

And they lastly presented , that a certain watercourse , called Daneldyke , through which the water of Neusome Park did passe to Alderwent , near Lostsome , was stopped , and ought to be repaired by the Town of Newsome ; and by the Landholders in Neusome , bordering upon the said water-course : whereupon the Shireeve had command to summon the Inhabitants and Land-holders abovesaid : who appearing , accordingly , said ; that they could not deny , but that they , togeth●r with the Towns of Lostsome , Askylby , and Barnby near Hovedene , ought to repair that watercourse : therefore they were amerc'd .

In the same first year of King H. 4. Sir Iohn le Scrope Knight , Sir Gerard de Ouseflete Knight , Thomas Egmantone , Robert de Haldenby , Richard de Nortone , Will . de Lodyngtone , and Nich. Rosselyn were assigned b b Pat. 1 H. 4. p. 5. m. 13. in do●so . to view and repair the Banks and Ditches &c. upon Ouse , Ayre , and Done , in the parts of Merskland and Osgodcrosse in this County : and to proceed there according to the Law and Custome of this Realm .

So also in 3 H. 4. were c c Pat. 3 H. 4. p. 2. m. 22. in dorso . Edmund Duke of Yorke , Sir Gerard Sothill Knight , Robert Tirwhyte , Iohn Rome Clerk , Iohn Gaytesford , Thomas Brunham , Will . Ludyngton , Edm. Fitz William , Thomas Sheffield , and Thomas Egmanton , for the banks &c. in the Isle of Axholme in Lincolnshire ; and betwixt the water of Bykersdyke , on each side , in the County of Notingham ; and the River of Done , on each side , as well in this County as in Lincolnshire , and the confines of them , from the Town of Doncastre to the River of Trent : and to do all things therein according to the Law and Custome of this Realm . And in 8 H. 4. Henry le Scrope of Ma●ham , William , Gascoigne , Alexander Metham , Thomas Bromeflete , Richard Tirwhyt , Alexander Lounde , Hugh Arderne , and Wil. Ro●●elyn had the like d d Pat. 8 H. 4. p. 2. m. 20. in dorso . assignation for those banks , upon the coasts of Humbre and Ouse , from the River of Derwent to Hesyll ; and to proceed therein likewise , according to the Law and Custome of this Realm .

By virtue of which Commission , the said Henry le Scrope , with his associat●s , met e e Ex bund . de Brev. & . Reco●dis , Wallias &c. tangentibus , tem● H. 4. n. 14 Ebo● . at Hovedene upon Saturday next after the Feast of S. Laurence , in the year abovesaid ; before whom the Jurors of divers Wapentakes of this County , on the coasts of Humbre and Ouse , from the River of Derwent to Hesill , did present ; that there was and had been time out of mind , a certain common Sewer , called Aldederwent ; which did reach in length , directly , from the town of Hovedene , betwixt the marsh and town of Knedellyngtone , Askilby , and Barne●y in Hovedenshire on the South part ; and the land of the Tenants in Hoveden , Bernhill , the Towns of Newsome and Lostsome in Spaldyngmore , on the North part , to the River of Derwent towards the West ; and so by the said River of Derwent unto the Ouse ; which ought to be xii foot in bredth , and six in depth . VVhich said Sewer the towns of Neusome , Lostsome , Birnd , Knedyllyngtone , Askilby and Barneby , of right ought to clense and maintain by reason of their Lands and Tenements lying in those ●owns : And that the said Sewer was not then repaired , through the default of the Tenants of N●wsome , Lostsome , Birnd , Knedyllyngtone , Askylby , and Barn●by aforesaid .

And they also said , that the before-specified Sewer , betwixt Barneby mersh , on the South part of the same , and the land of Thomas Haukesworth in Lostsome , on the North part , a● the head of the said Sewer towards the VVest ( neer the said River of Derwent ) had b●en newly obstructed by the said towns of Newsome , Lostsome , Birnd , Knedyllyngtone , Askylby , and Barneby ; insomuch as the lands on each side the same Sewer , were overflowed , to the great damage of all the Country adjacent . VVhereupon the Shireeve had command to summon the said Towns of Newsome , &c. who appearing accordingly , answered , that they could not deny , but that they ought to repair and clense the said Sewer ; and that the same was not stopped by the making of certain Clows therein : therefore they were amerc'd .

And the Inhabitants of Lostsome , for their said Town of Lostsome , also said , that they could not deny , but that they● together with the towns of Newsome , Birnd , Knedillyngton , Askelby and Barneby , ought to clense and repair the same Sewer : but they said that the current thereof was not stopped by the setting down of those Clows , as it had been supposed ; and of this they requested that inquiry might be made by the Country . VVhich being accordingly done , the Jurors found , that the said town of Lostsome , together with the towns of Newsome , Birnd , Knedillyngtone , Askelby , & Barneby , had by making of those Clows obstructed the before-specified Sewer : therefore the said town of Lostsome was amerc'd ; and it was decreed by the said Justices , that those Clows should be taken away , at the chardge of the Inhabitants of that place , and of the rest before-mentioned . And the Shireeve was required to see the same accomplish● , and the Sewer repaired .

In 11 H. 4. Thomas Knight of Arkesey was attached f f Plac. coram Rege term . M●ch. 11 H. 4 Rot. 69. Ebor. by Iohn Fastolf , who alleged that he the said Thomas ought to repair certain Banks upon the River of Done , in respect of his lands in Bentley : To which the said Thomas pleaded , that he ought not .

In the same year , it appears g g Ib. rot. 21. that the Abbot of Thornton was distrained for the repair of Thornton damme , and Hamister damme , which do r●ach from Langdyke to the River of Ouse . But the Abbot pretending errors in the judgment formerly given , required h h Ib. rot. 22. & 23. that it should be revoked : and so he did likewise for Blaktoft damme , alias Hansardamme , which extendeth it self from Fulney to the stream of Ouse ; which Chanel Sir Richard Hansard Knight , and the town of Blaktoft ought to repair .

In 13 H. 4. Gerard Usflete , Will . Lodyngton , Richard Gascoigne , Thomas Egmantone , Guy Rouclyff , Will . Rosselyn , Rob. Haldenby and Iohn Garton were i i Pat. 13 H. 4. p. 1. m. 23. in dorso . constituted Commissioners for the view and repair of the Banks &c. upon the Rivers of Ouse , Done , and Eyre , in the parts of Merskland ; and to proceed therein according to the Law and Custome of the Marsh.

The like Commission k k Pat. 1 H. 5. p. 3. m. 44. in dorso . in 1 H. 5. had Richard Norton , Will . Lodyngton , Peter de la Hay , Iohn Dronsfeld , Robert Barneby , Will . Shirewode , Thomas Saynpole , and Nicholas Braytone , for those banks &c. from little Smitone to the River of Done ; and to do all things therein according to the Law and Custome of this Realm . So also in 6 H. 5. had l l Pat. 6 H. 5. p. 1. m. 21. in dorso . William Lodyngton , Richard Gascoigne , Guy Rouclyf , Guy Fairfax , Gerard Lodyngton , & others , for the banks upon the said Rivers of Ayre , Ouse , and Done , betwixt Turnbrigg , neer Rouclyf , & the antient course of the said River Done , in the parts of Merskland ; and to proceed therein according to the Law and Custome of this Realm .

In 9 H. 5. Robert Tirwhit , Iohn Preston , Iohn Aske , Thomas Clarell , Peter de la Hay , Richard Gascoigne , Guy Rouclif , Guy Fayrfax , Iohn Pigot , Robert Rudstane , Thomas Banke , and Thomas Aungere were appointed m m Pat. 9 H. 5. p. 2. m. 4. in dorso . to view and repair the Banks &c. upon the Rivers of Ayre , Ouse , and Done , betwixt Ouerfmouth , and the antient Chanel of Done , in the parts of Merskland ; and to proceed therein as abovesaid . The like appointment , n n Pat. 1 H. 6. p. 1. m. 30. in dorso . in 1 H. 6. had Iohn Preston , Iames Strangwayes , Richard Gascoigne , Guy Rouclyff , Guy Fairfax , Iohn Portyngton , Thomas Aunger , William Stansfeld and Will . Outhorpe , for those banks upon the coasts of Ayre , Ouse , Done , and Went , betwixt Snayth and the antient course of the River of Done , in the parts of Mersland : and to proceed therein as abovesaid . So also the year following o o Pat. 2 H 6. p. 2. m. 16. in dorso . had Robert Tirwhit , Iohn Prestone , Sir Henry Bromflet Knight , Iohn Aske , Peter de la Haye , Iohn Ellerker , Guy Rouclyf , and Iohn Portyngton , for those &c. upon Ouse , Derwent , Humbre , and Hull ; within the VVapentake betwixt Ouse and Derwent , the liberty of Hovedenshire , and VVapentake of Herthill : and to do all things therein according to the Law and Custome of this Realm .

In 6 H. 6. Iames Strangways , Thomas Fulthorpe , Guy Rouclyff , Guy Fayrfax , Will . Ashowe , Iohn Aske , and Thomas Beaulieu , were constituted p p Pat. 6 H. 6. p. 1. m. 6. in dorso . Commissioners for the view and repair of the Banks &c. upon the Rivers of Ayre , Ouse , and Went , betwixt Snaythe , and the old Chanel of Done in Merskland : and to act therein as abovesaid . And in the same year Sir Robert Bapthorpe , and Sir Henry Bromflete Knights , Iames Strangwayes , Iohn Ellerker , Iohn de Aske , Guy Rouclyff , and Iohn Portington had the like Commission q q Pat. 6 H. 6. p. 2. m. 15. in dorso . for those banks &c. within the liberty of Hovedene , and VVapentake of Herthill ; as also betwixt the Rivers of Use and Derwent : with power to make such Statutes and Ordinances for the safeguard and preservation of the coasts within those limits , as should be necessary and fit , according to the Laws and Customes of Romeney Marsh : and to do all other things therein according to the Law and Custome of this Realm , and the Custome of Romeney Marsh aforesaid : As also to imprest so many Diggers , and other Labourers , upon competent wages , in respect of the great and urgent necessity to expedite the work , as they should think fit to imploy therein .

So also had r r Pat. 10 H. 6. p. 1. m. 11. in dorso . Iohn Ellerker , Tho. de Metham , Thomas Clarell , Robert Willughby , Guy Roclyff , Richard Wyntworth , Iohn Maleverer , and Iohn Portyngton , for those betwixt . Turnbryg , and the Rivers of Done and Ouse : And to make Statutes and Ordinances ; and to proceed &c. as aforesaid .

And likewise s s Ibid. Sir Will . Babyngton , Sir Henry Bromflete , and Sir Robert Bapthorpe , Knights , Thomas Metham Esquire , Guy Roclyff , Iohn Portyngton and Will . Moston , for those within the Wapentake of Herthill , and the Wapentake betwixt Ouse and Derwent , and liberty of Howedon : and to act therein as aforesaid .

So also the year following had t t Pat 11 H. 6. p. 1. m. 1. in dorso . Sir Will . Rither Knight , Iames Strangways , Thomas Clarell Esquires , Guy Fairfax , Iohn Thwaytes , Robert Maleverer and Thomas Lyndeley , for the Banks &c. upon the Rivers of Ayre , Ouse , and Yore ; and to proceed as abovesaid . And the like in 13 H. 6. had u u Pat. 13 H. 6. parte unica . m. 27 in do●so . Iohn Ellerker , Thomas Metham , Iohn Constable , Iohn Portyngton , Will . Mustone , and Robert Cawode , for those in Mershlonde betwixt the Rivers of Owese , Doone , Ayer , and Went : and to proceed therein as abovementioned .

Many other Commissions there were to the like purpose ; and to make Laws and Ordinances , according to the Laws and Customes of Romeney Marsh &c. viz. in 23 H. 6. to w w Pat. 23 H. 6. p. 2. m. 25. in dorso . Iohn Portyngton senior , Iohn Nevill , Guy Roclyff , Iohn Portyngton junior , Rob. Roclyff , Geffrey Blakey , and Peter Perc , for those Banks &c. in Mershlond , betwixt the Rivers of Owese , Doone , Ayre , and Went.

In 27 H. 6. to x x Pat. 27 H. 6. p. 1. m. 13. in dorso . Iohn Portyngtone , Rob. Bapthorpe Esquires , Guy Roclyff , Alexander Lound , Will . Mostone and Thomas Maners , for those in the Wapentakes of Hertelle , and betwixt Ouse and Derwent , and the Liberty of Holdenscire .

In 30 H. 6. to y y Pat. 30 H. 6. p. 1. m. 22. in dorso . Iohn Portyngton , Sir Thomas Metham , Sir Iames Pykering Knights , Raphe Babthorpe , Guy Roclyff , Henry Thwaytes , Iohn Vavasour , Will . Moston , and Thomas Maners , for the same Banks , &c. In 33 H. 6. to z z Pat. 33 H. 6. p. 1. m. 17. in dorso . Iohn Nevill Esquire , Nich. Girlyntone , Iohn Vavasoure , Geffrey Blakey , and Henry Bury for the same . So likewise in 37 H. 6. to a a Pat. 37 H. 6. p. 1. m. 19. in dorso . the said Iohn Nevill , Iohn Thwaytes , Rob. Drax , Raphe Reresby , and Richard Knight . And in 1 E. 4. to b b Pat. 1 E. 4. p. 1. m. 11. in dorso . Guy Fairfax , Iohn Vavasour , Rob. Shefelde , Edw. Saltmarshe , Geffrey Blakey , Iohn Haldynby , Iohn Barker , and Iohn Yeland .

In 5 E. 4. to c c Pat. 5 E 4. p. 1. m. 23. in dorso . Iohn Earl of Northumberland , Sir Robert Constable Knight , Iohn Pilkyngton , one of the Esquires for the Kings body ; Iohn Vavasour , Alexander Lounde , Rob. Sheffeld junior , Edw. Saltmersh , Rob. Portyngton senior , and Leonard Knight , for those Banks &c. in the Wapentakes of Herthyll , and betwixt Ouse and Derwent and liberty of Holdenshire . In 6. E. 4. d d Pat. 6 E. 4. p. 1. m. 15. in dorso . to the same Earl , Guy Fairfax , Iohn Vavasoure , Rob. Sheffeld , Edw. Saltmershe , Rob. Portyngton senior , Geffrey Blakey , Iohn Haldenby , Iohn Berker and Iohn Yeland , for those in the parts of Mersland , betwixt the Rivers of Ouse , Doone , Ayre , and Went.

In 49 H. 6. to e e Pat. 49 H. 6. parte unica m. 9. in dorso . Iohn Marquesse of Montagu , Sir Robert Constable Knight , Guy Fairfax , Iohn Vavasour , Rob. Sheffelde , Edw. Saltmershe , Rob. Portyngtone senior , Rob. Lucas , and Leonard Knyght , for those in the Wapentake of H●rthill , and betwixt Ouse and Derwent , and liberty of Hoveden●shire .

In 13 E. 4. to f f Pat. 13 E. 4. p. 2. m. 20. in dorso . Sir Thomas Borough Knight , Thomas Fitz William , Iohn Haldenby , Richard Portyngtone , Iohn Egmantone , Rob. Haldenby , Rob. Sheffeld , Edward Saltmershe , Iohn Vavasour , senior , and Thomas Belwode , for those within the bounds of Marshland , betwixt the Rivers of Ouse , Went , and Mardyke ; as also within the Isle of Arholme in Lincolnshire . In 19 E. 4. to Richard Duke of Gloucester , g g Pat. 19 E. 4. p. unica m. 22. in dorso . Henry Earl of Northumberland , Sir Robert Constable Knight , Sir Tho. Metham Knight , Iohn Vavasour senior , Iohn Vavasour junior , Rob. Sheffeld , Edw. Saltmersh , Iohn Aske Esquire , Rob. Portyngtone and Leonard Knyght , for those in the Wapentake of Herthill ; as also betwixt Ouse and Derwent , and liberty of Houdenshire . And in 22 E. 4. to h h Pat. 22 E. 4. p. 1. m. 22. in dorso . the same Commissioners for all the places abovesaid .

CAP. XXIII .

NOr were the improvements of this kind lesse antient in that part of the County lying nearer to the Sea : for in 13 E. 1. the King being informed , that both his own Lands , and the Lands of divers of his good subjects , were often drowned , for the want of repairing certain Banks in Holdernesse , on which the violence of the River of Humbre had made sundry breaches , assigned a a Pat. 13 E. 3. m. 28. Thomas de Normanvill , to take a view of them , and to see them speedily amended . The like b b Pat. 23 E. 1. m. 7. in dorso . Commis●●on , in 23 E. 1. had Thomas de Weston , then Guardian of all the said Kings lands in that part of this Shire . So likewise in 1 E. 2. had c c Pat 1 E. 2. p. 1. m. 14. Miles de Stapeltone and Raphe Lelle : and in d d Pat. 2 E. 2. p. 1. m. 19. 2 E. 2. Will . de Vaus , and the said Raphe Lelle .

In 4 E. 2. Iohn de Lisle , Thomas de Fisheburne , Iohn de Sutton , and Adam de Hoptune were constituted e e Pat. 4 E. 2. p. 1. m. 18. in dorso . Commissioners for the view and repair of the banks &c. betwixt Hull and Paphel .

In 5 E. 2. the King being informed that the Sewer , betwixt the Port of Hedone and his Mannour of Brustwyk , wanted clensing and repair ; and that the chardge thereof , in regard of his Demesnes there , belonged to himself , directed his special Precept f f Cl●us . 5. E. 2. m. 9. to Edmund de Mauley , then his Guardian of that Lordship , commanding him to take order for to scour and repair the same .

In 6 E. 2. Will . de Houke , Alexander de Cave , and Robert de Sandale , gover●our of the Town of Kingston upon Hull , were assigned g g Pat. 6 E. 2. p. 2. m. 4. in dorso . to view and repair the Banks upon the coasts of the Rivers of Humbre and Hull . So also , the same year , were h h Pat. 6 E. 2. p. 1. m. 7. in dorso . Robert Tiliol , and Gilbert de Stapelton , for those upon the coast of Humbre , betwixt Esingtone and Hedone . And the next year following , the same King directed his Precept i i Claus. 7 E. 2. ● . 16. to the said Robert de Sandale , then likewise governour of Hull , and Guardian of the said Kings Mannour of Mitone , that he should take xll. of the Ferm of the same town of Hull , and issue of the Mannour of Mitone aforesaid , and imploy the said money , in the repair of the Banks and Ditches upon those Rivers of Humbre and Hull , according to the discretion and view of Richard de Gretford , and other honest men of that town . And the same year , had Walt. de Faucumberge the elder , Herbert de S. Quintin , & Iohn de Barton of Oswaldkirke appointment k k Pat. 7 E. 2. p. 2. in dorso m. 23. to view and repair the Banks , that were then in decay , either upon the Sea-coast , or coast of Humbre , within the precinct of Holdernesse , in this County .

In 9 E. 2. Iohn de L'isle , Iohn de Donecaster , and Robert de Sandale , were directed l l Pat. 9 E. 2. p. 1. m. 27. in dorso . to view and repair the banks &c. for safeguard of the Mannour of Mytone , neer Kingston upon Hull , which had forcibly andriotously been broken in the night time , by Gerard de Useflet , Rich. de Anlouby , Raphe de Nevill and others ; and to enquire touching that misdemeanour . The like Commission m m Pat. 10 E. 2. in dorso m. 12. in 10 E. 2. was directed to Robert de Hastang , Alexander de Cave and Robert de Hedon , to enquire of the breach of those Banks , by Loretta the VVidow of Iohn de Usflete , Iohn her son , Gerard de Usflete , and others .

In 12 E. 2. Robert Constable of Burton , Gilbert de Rishetone , and Rob. de Hetone were assigned n n Pat. 1● E. 2● p. 2. m. 4. in do●so . to view and repair the Banks and Ditches upon the coast of the Sea , and water of Humbre in these parts ; and in the Wapentake of Dykering in Yorkshire -

The like appointment o o Pat. 1 E. ● . p. 2. m. 12. in do●so . in 1 E. 3. had Robert de Constable , Robert de Hedon , Rob. de Burton , and Iohn de Thwaits . So also in 10 E. 3. had p p Pat. 10 E. 3 p. 2. m. 22. in dorso . Iohn Sutton of Holdernesse , Simon de Grimesby , Thomas de Burton , and Amand de Forthingham .

In q q Pat. 12 E. 3. p. 1. m. 35. in do●so . 12 E. 3. Margerie the VVidow of Robert de Botheby , and the Burgesses of Hedon in Holdernesse , did by divers Petitions exhibited to the King and his Council in Parliament , represent unto them ; that , whereas by a certain Sewer , called the Sturch , which goeth from the Town of Bond brustwyk , through the midst of Hedon , unto the River of Humbre , and betwixt the lands of the said Kings Te●ants of his Mannour of Brustwyk , residing at Bond brustwyk , on the one part , and the Lands of the said Margerie , at Ryhill , on the other ; all the said lands , on both sides , had been drayned time out of mind , and not by any other Sewer : And that by pretence of a certain Mandate from the said King , under his privy Seal , obtained at the sute of some of his said Tenants , threatning to oppresse the said Margerie , and alleging 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 r r Ibid. 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 s s Pat. 14 E. 3. p. 1. m. 17. in dorso . 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 t t Pat. 16 E. 3. p. 1. m. 29. in do●so . 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 u u Pat. 16 E. 3. p. 2. m. 34. in dorso . 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 w w Pat. 18 E● 3. p. 2. m. 26. in dorso . 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 rat●d according to the value of the goods and Catalls , which they then had in that Town . VVhereupon the King , compassionating their condition , assigned x x Pat. 18 E● 3. p. 2. m. 26. in dorso . 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 , y y Claus. 18 E. 3. p. 2. m. 2. 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 right● that they should be unduly chardged in any Tenths , Fifteens , or other Assessments , for their lands so wasted and destroyed ; directed his Precept z z Claus. 18 E. 3. p. 2. m. 2. 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 a a Claus. 20 E. 3. p. 2. m. 9. at xxvis. viijd. per annum , for each of the said two years ; the King sent his Mandate b b Claus. 20 E. 3. p. 2. m. 9. 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 c c Claus. 21 E. 3. p. 2. m. 14. & Claus. 22 E. 3. 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 d d Pat. 26. E. 3. p. 1. m. 20. 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 e e Ibid. m. 20. in dorso . 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 f f Ibid. 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 g g Pat. 30 E. 3. p. 1. m. 6. in do●so . , 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 h h Pat. 30 E. 3. p. 1. m. 6. in do●so . Pa●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 Kings reign , that one or more Commissions were not issued out for repair of the Banks in some place or oth●r upon this great River . For in 31 E. 3. Robert de Hilton , Iohn de Faucoberge and Iohn de Wilton were assigned i i Pat. 31 E 3. p. 2. m. 18. in do●so . to take care of those at Kaynghamflete , then torn and broken by the violence of the VVaves . The like Commissions were directed as followeth , viz. in 33 E. 3. to k k Pa●. 33 E. 3. p. 1. m. 14. in do●so . Iohn de Botheby , Iohn de Faucomberge , Will . Fililod , and others , for all the Banks &c. upon the coast of Humbre in these parts of Holdernesse : So also to l l Ibid. Iohn de Monceaux , Iohn de Boutheby , Iohn Sturmy and Peter de Grymesby , for the same Banks &c. and those in the VVapentake of Dykering .

In 34 E. 3 - to m m Pat. 34 E. 3 p. 1. m. 17. in dorso . Sir Thomas de Meaux and Sir Iohn Monceaux Knights , Iohn de Botheby Clerk , and others , for those from Hull briggs to Ravensere . And likewise to n n Pat. 34 E. 3. p. 2. m. 3. in dorso● Nich. Damory , Will . de Skipwith , and VVill . Rys for those throughout both the VVapentakes of Holdernesse and Dykering .

In 36 E. 3. to o o Pat● 36 E. 3. p. 1. m. 15. in dorso . VVill. de Skipwith , Thomas Tirel , Sir Iohn de Meaux Knight , and others , for those from Hullbrigge to Ravensere .

In 38 E. 3. to p p Pat. 38 E. 3. p. 1. m. 35. in do●so . Thomas Tyrell , VVill . Estfeld , Thomas VVythornwyk , and VVill. de Hoton . In 39 E. 3. to q q Pa. 39 E. 3. p. 1. m. 25. in dorso . VVilliam de Skipwith , Richard de Ravensere , and others , for those betwixt a place called the Stelle of Sudcote and the town of Kingston upon Hull ; through the breaches whereof , the lands and meadows adjacent were much overflowed . In 40 E. 3. to r r Pat. 40 E. 3. p. 1. m. 22. in dorso . Iohn de Bentele , Will . de Estfeld , Iohn de Wandesford the elder , Thomas de Wythornwyk , and Will . de Hoton , for those throughout the whole Est Rything of this County .

In 41 E. 3. to s s Pat. 41 E. 3. p. 1. m. 19. in dorso . Thomas Tyrell , Robert Twyer , Will . de Estfeld , Iohn de Wilton , and others , for all those throughout the whole liberty of Holdernesse . The like in 42 E. 3. to t t Pat. 42 E. 3. p. 2. m. 15. in dorso , Thomas de Ingelby , Will . de Fyncheden , Roger de Kirketon and others . So also in 43 E. 3. to u u Pat. 43 E. 3. p. 1. m. 34. in dorso . Will . de Fyncheden , Simon de Heslarton , Iohn de Estbury , Roger de Fulthorp , and VVill. de Estfeld .

In 47 E. 3. the Abbot of Meaux having b●en presented w w Plac. coram Rege term . M●ch. 47 E. 3. rot. 16. Ebor. for not clensing and repairing the Ditch●s and Sewers in these parts ; viz. Lambwath , Munkedike , Holdike , and others ; pleaded x x Plac. coram Rege term . M●ch. 47 E. 3. rot. 16. Ebor. , that divers towns and persons , whom he there nameth , ought to contribute , with him , thereto , and that he alone was not bound to undergo that chardge : but the Kings Attorney replyed , that he alone ought to do it : therefore a Jury was summoned .

In the same year Sir Simon de Heselardton Knight , Roger de Fulthorp , Thomas de Beverlee , and Walter de Ruddestone were appointed y y Pat. 47 E. 3. p. 1. m. 8. in dorso . to view and repair the Banks &c. in the Towns of Lokyngton , Watton , Scorburgh , Kilingwyk , and Besewyk ; which , by the descent of the fresh waters from the Woldes into the Riv●r of Hull , were broken . And in 49 E. 3. Roger de Fulthorp , Sir Thomas Tyrell and Sir Thomas Sutton Knights , with others , had the like appointment z z Pat. 49 E. 3. p. 1. m. 1. in dorso . for those betwixt Cammeryngton Well , neer Bonne Brustewyke , unto Hedon , and thence to Pauleflete , upon Humbre directly on each side .

In 51 E. 3. Peter Hildyard commenced a sute a a Plac. coram Rege term . Pasc. 51 E. 3. rot. 49 Ebor . against the Abbot of Meaux , for not clensing of a certain Ditch , called Munkedyke , at Arnold and Ristone , by reason whereof his Meadows and Pastures were drowned . VVhereunto the Abbot answered b b Plac. coram Rege term . Pasc. 51 E. 3. rot. 49 Ebor . , that he had sufficiently scoured the same ; but that the said Peter and his Tenants , for their better passage with Carriages , did fill up the said Ditch with Timber , Hay , Straw and Dung , so that the water was thereby obstructed in it's passage : a Jury therefore were summoned &c.

In 2 R. 3. VVill : Skipwith , Roger de Fulthorpe , Iohn Constable of Halsham , Robert de Hilton , Iohn de S. Quintin , Robert de Plesyngton , and VVill. de Holme , were constituted c c Pat. 2 R. 2. p. 2. m. 32. in dorso . Commissioners for the view and repair of the Banks &c. throughout the whole precinct of Holdernesse .

In 8 R. 2. the same VVill. de Skipwith , with VVill. de Burgh , Iohn de Lokton , Walter Frost and Will . de Holme , had the like assignation d d Pat. 8 R. ●● p. 2. m. 35. in dorso . for those betwixt Kingston upon Hu●le , and the Towns of Hesil and Anlaby . So also in 10 R. 2. had e e Pat. 10 R. 2. p. 2. m. 2. in dorso . Sir Iohn de S. Quintin Knight , Iohn de Lokton , Will . de Holme , Robert Sturemy , Hugh de Arderne , and William Hundegate , for those upon the River of Hull and parts adjacent , from the towns of Killingwyk , Scoreburgh , Watton , Besewyk , Lokyngton and Rotsee , to the Towns of Ake , Eske , Erughome , and the Mannour of Berghe .

In the same year , the King having received information f f Pat. 10 R. 2. p. 2. m. 3. , that there was a certain Ditch at Rosse and Burton-Pydese , newly made , whereby divers Brooks were hindred of their antient course , and the rain descending thereinto , overflowed the Queens lands and meadows at Burton aforesaid , and in other places ; he assigned g g Ibid. Sir Iohn Conestable and Sir Iohn de S. Quintin Knights , Iohn Frankish , Rob. Sturmy and Iohn Redenesse to enquire thereof &c.

In 11 R. 2. Sir Peter de Bukton , and Iohn de Thornholme , together with the said Sir Iohn de S. Quintin , and others , were appointed h h Pat. 11 R. 2. p. 2. m. 13. i● dorso . to view and repair the Banks &c. from the said towns of Kyllyngwike , Scorburgh , Watton , Besewyke , Lokyngton , and Rotsee , to Eske , Erughome and the said Mannour of Bergh . In 13 R. 2. Sir Iohn Constable , Sir Iohn Kentwode , and Sir Robert Plessynton Knights , Thomas Claymond , and Iohn Frankysh , were i i Pat. 13 R. 2. p. 1. m. 34. in d●rso . assigned to view and repair all the banks &c. in these parts of Holdernesse . The like assignation k k Pat. 17 R. 2. p. 2. m. 37. in do●so . in 17 R. 2. had Sir Iohn Constable of Halsham Knight , VVilliam Gascoigne , Iohn VVodrof , VVilliam Holme , Will . Hundegate , and Hugh Arderne . So also in 18 R. 2. had l l Pat. 18 R. 2. p. 1. m. 19. in dorso . Sir Robert de Hilton , Sir Iohn Constable of Halsham , and Sir Robert Twyer Knights , Iohn Markham , VVill. de Holme , Robert Tirwhit , and Iohn de Rednes ; with direction to proceed therein according to the Law and Custome of this Realm .

And 〈◊〉 . 19 R. 2. 〈…〉 5. in 〈◊〉 in 19 R. 2. Sir Robert Nevill , Sir Iohn de Routhe Knights , Peter de Nuthill , Iames de Hotone , Rob. Tirwhit , VVill. de Nafreton , Hugh de Ardern , Iohn de Rednesse , and VVill . Skyerne for those at Tyktone .

In 20 R. 2. Sir Stephan le Scrope of Masham , Sir Robert Nevill , Sir Iohn de Routh , Robert . de Garton Clerk , Peter de Nuthill , Iames de Hoton , Rob. Tirwhyt , VVill. de Nafredon , Hugh de Ardern , and Iohn de Redenesse , were constituted 〈◊〉 . 20 R. 2. 〈…〉 m. 12. in 〈◊〉 . Commissioners for the view and repair of all those within this liberty of Holdernesse ; with appointment to act therein according to the Law and Custome of this Realm , ☞ and the Custome of Romeney marsh . The like Commission o o 〈◊〉 . 1 H. 4. ● . 5. ● . 13. in 〈◊〉 . in 1 H. 4. had Sir Robert Hilton , and Sir Gerard Usflete Knights , VVill . Gascoigne , Rob. Tirwhyt , Rich. Beverley and Iohn Rednesse ; and to do all things therein according to the Law and Custome of this Realme . So also had 〈◊〉 . 1 H. 4. ● . ● . m. 1. in 〈◊〉 Laurence de Allerthorp Clerk , VVill . Gascoigne , Rob. Tirwhit , VVill . Newesome , VVill . Hundgate , Richard de Beverley , and VVill . VVandesforde , for those upon the River of Hull and parts adjacent , from the towns of Etton , Lokyngtone , Scorburghe , Ake , and Berghe ; to Beswyke , Wattone , Hotone , Crauntewyke , and Skerene .

Upon a pleading in the Kings Bench 2 H. 4. it was adjudged o o Plac. co●●m Rege 〈◊〉 Pasch. 2 ● . 4. ro● . 17 Ebor. , that the Chantry Priest of Preston ought to repair and clense a Ditch , called Skyrthdyke from Levergote unto Hedon , and from Harphoc to Northoc : And that the Towns of Brustwyke and Skeklings ought to do the like , from Brustwyke , Hallebridge , to Middle gar ; and the Town of Ryell , from Cambertonwell , to Stoke holney land : the Shireeve therefore had command to distrain them .

In 3 H. 4. there was an Inquisition taken , Es● . Ad quod 〈…〉 3 H. 4. ● 14. E●or . by virtue of a VVrit of Ad quod Dampnum , touching a Sewer in those parts ; upon which the Jurors presented ; that it would be no damage to the King , or any other , if a new Ditch , by the name of a Sewer were made in the Meadows and Pastures of Anlaby , xij foot in bredth , and v foot in depth , measured according to the Kings Ell ; and in length from a certain VVell , called Iulians Welle , situate in the said meadows and Pastures of Anlaby , to the Waldkerr of Swanland ; and so descending from the said Waldkerr , according to the length , depth and bredth aforesaid , unto Miton Kerdyke ; and thence , by Miton Kerdike , on the North side the pasture of Miton kerr , to a certain Ditch then newly made , neer to the Road-way , which leadeth from the said Town of Kyngeston , towards Beverley , in length , descending to the Ditch , called the Town dyke , under the VValls of Kingston upon Hull ; and thence , by a sufficient Chanel to the Gate of that Town : And that a substantial stop should be there made , to keep back the salt water , at the end of a certain Ditch , lying betwixt the pasture of Swanland , called the Wald-kerr , and the pasture called Miton kerr ; as also other stops to be afterwards made , whersoever the Mayor , Bayliffs and Commonalty of the said Town should think necessary , for the preservation of the fresh water , and keeping back any salt water from thence , for ever : And that all such stops , so made , or to be made , to be made and repaired by the said Mayor , Bayliffs , and Commonality , at their own proper chardges , without any cavill , molestation or impediment for ever .

By which said Sewer so to be made anew , and thenceforth called Iulian dyke , all the current of fresh water , both from the said spring called Iulian well , as of all other currents of VVells in Dernyngham Enges in Anlaby , together with the current of a certain Ditch betwixt Dernyngham Enges aforesaid , and the North kerr of Anlaby ; as also the curr●n●s of two springs in Anlaby and Hautempris ; one in the Ditch sometime of Peter de Anlaby , in Anlaby , descending thence unto the said Ditch called Iulian dyke ; and of another spring in the field of Hautempris , in the North west Enges ( descending thence by divers Chanels unto the said Ditch called Iulian dyke ) to have their course in the said Ditch , called Iulian dyke as abovesaid , without any diversion or impediments of the said currents to be made for ever , contray to the form and tenor of the premisses , for the support , maintenance and relief of the Town of Kingston upon Hull before-specified .

In 7 H. 4. Sir Peter de Bucton Knight , Will . Gascoigne , Sir Alexander Metham Knight , Robert Tirwhit , Iohn Radenesse , Will . Skerne , Richard Tirwhit , and William Waldby were assigned s s Pat. 7 H. 4. p. 2. m. 15. in dorso . to view and repair the Banks &c. in these parts of Holdernesse ; and to do all things therin , according to the Law and Custome of this Realm , and the Custome of the Est Rything of this Country before that time used .

Upon a su●e in the Kings bench 13 H. 4. the Jurors presented t t Plac. coram Rege term . H●ll . 13. H. 4. rot. 20 Ebor. , upon Oath , that there was a certain Water-course , which came from the Springhead in the fields of Anlaby , by Warlinghamdyke , unto the Town of Kingston upon Hull , so stopped at the gate of that Town , towards Anlaby , that it overflowed the Meadows and Pastures of Gerard de Usflet , and of the Towns of Anlaby , Swanland , Hesil and Feriby , to the common damage of all those Villages : which Watercourse ought to be scoured by the Town of Kingston upon Hull , but was not . Howbeit in this there was no judgement then given , in regard that the Townsmen of Kingston upon Hull pleaded u u Plac. coram Rege term . Mich. 1 H. 5. rot. 19. again in Michaelmasse Term 1 H. 5. by reason of the former Kings death .

In 5 H. 5. Robert Tirwhit , Peter del Hay , Iohn Ellerker , Will . Waldeby , Iohn Holme , Iohn Disnay , Christopher Boynton , Robert Rudstane , and the Shireeve of Yorkeshire were appointed w w Pat. 5 H 5. parte unica m. 34. in dorso . to view and repair the banks then in decay , throughout the whole Est Rithing of this Country : and to proceed therein according to the Custome of the Marsh , and the Law and Custome of this Realm .

The like appointment x x Pat. 5 H. 6. p. 2. m. 14. in dorso . , in 5 H. 6. had Sir Iohn Scrope , Sir Robert Babthorpe , Sir Thomas Brounflete , and Sir Henry Brounflete Knights , Iohn Ellerker , and others . So also in 11 H. 6. had y y Pat. 11 H. 6. p. 1. m. 1. in dorso . Sir Rob. Babthorpe and Sir Rich. Hastyngs Knights , Iohn Ellerker , Iohn Constabill of Halsham Esquire , Iohn Holme senior , Iohn Portyngton , Robert Rudstane and VVill . Muston : with direction to do all things therein , according to the Law and Custome of this Realm , and the Custome of Romeney marsh : As also to imprest so many Labourers , upon competent wages , to be imployed in that work , as should be necessary for the same ; considering the great and urgent necessity in expediting therof , for prevention of farther damage .

Other such general Commissions for the said Est Rything had z z Pat. 13 H. 6. parte unica m. 27. in dorso . these persons hereaf●er named ; viz. in 13 H. 6. the same Sir Rob. Babthorpe and his associates . In 14 H. 6. Sir Rich. Hastyngs Kt , a a Pat. 14 H. 6. p. 18. m. 1. in dorso . Iohn Constable of Halsham , Iohn Ellerker , Rob. Hatfield , Iohn Portyngton , Iohn Holme senior , Robert Rudstane , and Thomas Wylton . And b b Ibid. in the same year , the said Sir Robert Babthorpe , Iohn Ellerker , Raphe Babthorp Esquire , Guy Roclyff , Iohn Portyngton , Robert Rudstone , VVill . Mustone , and Alexander Lounde .

In 18 of this Kings reign , Sir Iohn Constable Knight , Iohn Portyngtone , Robert Hatfield , and Thomas VVilton , being constituted Commissioners for the repair of the banks &c. within the liberty of Holdernesse , and the VVapentakes of Bokeres and Dykering , sate at Tiktone , upon Friday next after the Feast of the Exaltation of the Holy Crosse : before whom the Jurors presented c c Ex bund . de B●ev . & Recordis , Wallias &c. tangentibus , de ●em . H. 6. n. 20. , that there was a certain common Sewer in Hornese , extending in length from Hornesemare to the Sea : and over it a bridge for foot and Horsemen , at the East end of Hornese : which bridge ought to be in bredth six foot , and in length ten , and repaired , whensoever need should be , by the Abbot and Covent of S. Maries in Yorke , as it had been time out of mind , it being at that time in decay , to the great damage of the said Kings Liege people . VVhereupon the Shireeve having command to impanel a Jury , to enquire &c. he did accordingly . VVho appearing , said upon their Oaths , that there was not then nor ever had been any such common Sewer in Hornese ● as was presented ; and therefore , that the said Abbot and Covent , neither did , nor had used to repair any such bridge over the same . But they said , that the said Town of Hornese had wont to repair a certain bridge there , of one foot in bredth , for foot folk , for their own proper use● and therefore the said Abbot and Covent was dischardged .

In 23. H. 6. Iohn Portyngton , Sir Iohn Constable , VValt . Gryffith , Robert Hatfield , Rob. Rudstone , and Thomas VViltone were assigned d d Pat. 23 H. 6. p. 2. m. 25. in dorso . to view and repair the banks &c. within this liberty of Holdernesse ; and the Wapentakes of Bokeres , Dykeryng , and Herthill , in the Est Rything of this County : And to make Laws and Ordinances therein according to the Laws and Customes of Romeney marsh . The like e e Pat. 24 H 6. p. 2. m. 20. in dorso . assignation in 24 H. 6. had Sir Iohn Constable Knight , Rob. Hattefield , Alexander Lounde , Rog. Rodestone , Henry Thwaytes , Thomas VVilton and Iohn VVencelagh ; and to proceed therein as aforesaid . So f f Pat. 28 H. 6. p. 1. m. 4. in dorso . also in 28 H. 6. had Sir Iohn Melton Knight , Iohn Constable of Halsham Esquire , Rob. Hatfield , Alexander Lound , Henry Thwaytes , and the rest .

In 33 H. 6. Robert Aunsell , Mayor of the Town of Kyngston upon Hull , Hugh Clyderowe , Iohn Haynson , and others , were constituted g g Pat. 33 H. 6. p. 1. m. 17. in dorso . Commissioners for the view and repair of those banks &c. from Dripole in Holdernesse to Elytone ; and to act as aforesaid . The like Commission h h Pat. 37 H. 6. p. 1. m. 19. in dorso . in 37 H. 6. had Sir Iohn Melton Knight , Iohn Constable of Halsham Esquire , Rob. Hattefield , Alexander Lounde , Henry Thwaytes , Guy Fairfax , VVill . Eland , and Thomas VViltone , for all those within the liberty of Holdernesse , and in the VVapentakes of Harthill , Dykering , and Bukrose ; viz. on the East part of the way , which leadeth from Hesyll to Bayntone ; thence to Driffelde ; thence to Bridyngton , adjoyning to the said liberty of Holdernesse . And in 4 E. 4. Sir Rob. Constable and Sir Iohn Constable Knight , Robert Hilliard , Iohn VVenslagh , Rob. Sheffield and VVill . Eland , were assigned i i Pat. 4 E. 4. p. 1. m. 7. in dorso . to view and repair all those , which were then in decay , on the VVest part of the said way from Helyll to Baynetone ; and from thence to Bridlyngtone , and thence to the Sea ; and so in all Holdernesse and other parts on the East and South side of those places . So also in 13 E. 4. were k k Pat. 13 E. 4. p. 2. m. 20. in dorso . Rob. Sheffelde , Edward Saltmershe , Iohn Copyndale , Roger Kelk , Iohn Middiltone , and Thomas Minskip , for those on the East part of that way , which leadeth from the Lordship of Lekynfield unto Cotingham , and from the Lordship of Cotyngham to Waghene ; and thence to the River of Hulle , unto the Lordship of Eske : and also to proceed therein as aforesaid .

CAP. XXIV .

FOr the repair likewise of divers banks and Sewers , Yorkshire . in several other parts of this County , there were , upon occasion sundry Commissions issued ; viz. in 16 E. 1. to a a Pat. 16 E. 1. m. 1. in dorso . Thomas de Normanvile and Simon le Conestable , touching those upon the Sea-coast and Verge of Humbre . And so also the year following , for b b Pat. 17 E. 1. m. 12. those betwixt the River of Humbre and Lambflete .

The like Commison c c Pat. 31 E. 3. p. 1. m. 8. in dorso . in 31 E. 3. had Robert de Herle , Thomas de Seton , Iohn de Moubray , and Will . de Routhe , at the request of Iohn of Gaunt , then Earl of Richmund ; a great part of his lands , Meadows and Pastures , from the Mill at little Hoton , to the Towns of Yafford and great Daneby , being by the overflowing of the River Wyske , for want of clensing the Chanel thereof , much dampnified . And in 34 E. 3. Robert de Herle , Godfrey Fuljaumbe , Iohn Moubray and others were appointed d d Pat. 34 E. 3. p. 1. m. 17. in do●so . to view and repair the Banks and Sewers upon the River of Wyske from Stokedale heved to Brakenbergh , and thence to the River of Swale .

In 38 E. 3. it was by an inquisition e e Esc. 38 E. 3. n. 57. Ebor. found , that through the extraordinary overflowings of the river Ouse , which broke the banks very much , the Mannor of Moranwick was totally drowned . And upon a pleading in 44 E. 3. the Jurors presented f f Plac. de c●rm . Mich. 44 E. 3. rot. 14 Ebor. , that the Sewer called Fosse , which runneth to the great river of Fosse , from a place called the Walbot enge , without the Town of Strensale , unto the Abbots milne in the Suburbs of the City of Yorke , was so filled up with mud and weeds , that the rain descending thereabouts could not passe therein , as it had wont to do : And that it ought to be scoured by the Towns of Strensale , Esterwyk , Touthorp , Haxby , Huntingdon and Clifton . Neither was it gain-said by the said Towns of Strensale , Esterwyk and Haxby , but that they ought to clense and repair the same wheresoever their land lay adjacent thereto : therefore the Shireeve had command to distrain them .

In 3 R. 2. Will . Latimer , Roger de Fulthorpe , Iohn de Clifford , Thomas Lovel , and Iohn de Sadyngton , were constituted Pat. 3 R. 2. ● . ● . n. 44. in dorso . Commissioners for the view and repair of the banks &c. in the Wapentakes of Bulmere , Ridwell , and Bridford . The like Commission in 6 R. 2. had h h Pat. 6 R. 2. p. 1. m. 9. in dorso . Henry Percy Earl Northumberland , Sir Robert Conestable Knight , Sir Peter de Bukton Knight , Iohn de Aske , Thomas Lovel , and Thomas de Beverley , for those betwixt Kingston upon Hull and Darwent , and the parts adjacent .

Upon a pleading in 5 H. 4. the Jurors found , i i Plac. coram Rege term . H●l . 5. H. 4. rot. ●● Ebor. that there was not any common Road-way in Skakilthorp and Popilton , through the pasture of Skakilthorpe : and that the Abbot of S. Maries in Yorke , ought neither to clense the Sewers there , called Fowlfosse , nor repair the said way : the Abbot therefore was dischardged .

Upon the like pleading in 14 H. 4. it was also found , k k Plac. coram Rege term . Hill. 14 H. 4. rot. 21. Ebor. that the River of Derwent at the Conyngdyke , and over against the Calf gate , was so obstructed , that it did overflow the Meadows of Knapton , Skamston and Wintringham ; and that the Abbots of Rivaulx and his Predecessors ought to scour it . But the Abbot having seen the said Presentment and pleading ; that forasmuch as mention was made in the Presentment , that the damage done thereby , was only to that Town ( in which case a particular action lay , by the said town , against him by the Law of the Land ) and not to the King , except it had been a common nusance , which was not supposed by the same Presentment ; therefore the said Presentment , being insufficient of it self , he was dischardged .

In 7 H. 5. Will . de Lodyngton , Sir Richard Redmayn Knight , Rob. Waterton , Rob. Maleverer , Guy Roclyff , and Iohn Dawney were appointed l l Pat. 7 H. 5. p. 1. m. 26. in dorso . to view and repair the banks , and Sewers , betwixt the Rivers of Use and Ayre in this County ; and to do all things therein according to the Custome of the Marsh , and the Law and Custome of this Realm .

The like in 11 H. 6. had m m Pat. 11 H 6 p. 1. m. 1. in dorso . Iohn Archbishop of Yorke , Rich. Duke of Yorke , Rich. Earl of Salisbury , Iames Strangeways , Sir Rich. Stanhope Knight , Raphe Bapthorpe , & others , for all those betwixt the River of Trente , & the Kings High way , which leads from the town of Ferribrigge , unto the town of Worsoppe , called Watlyngstrete : and thence by the common 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 n n Pat. 17 H. 6. p. 1. m. 29. in dorso . 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 .

Derbyshire . 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 a a Pat. 12 E. 2. p. 1. m. 10. in dorso . Will . de Herle , Richard de Wylughby , Iohn Deincourt , and Richard de Whatton ; and the second to b b Ib. m. 8. in dorso . the said Iohn Deincourt and Richard de Whatton , together with William de Gretton , and Roger de Breton .

CAP. XXVI .

Notinghamshire . TOuching the Banks and Sewers in this County , the first mention that I find , is in 11 E. 3. there being then a Presentment c c Plac. coram Rege term . Trin. 11 E. 3. rot. 109. No●● . 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 , d d Pat. 16 E. 3. p. 1. m. 11. in dorso . 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 e e Pat. 16 E. 3. p. 1. m. 11. in dorso . 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 , f f Pat. 25 E. 3. p. 2. m. 22. in dorso . 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 Wendl●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 g g Ibid. 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 h h Pat. 37 E. 3. p. 2. m. 20. in ●orso . to view the passage of the River of Idel , through the towns of West-R●tford , Bolin , Tilne , Sutton , Lound , Matherseye , Scroby , Skaft●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 i i Pat. 51 E. 3. p. 1. m. 41. in dorso . 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 k k Pat. 1 R. 2. p. 2. m. 27. in dorso . Commissioners for to view the course of the River Id●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 l l Pa●. 18 R. 2. p. 2. m. 11. in dorso . 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 m m Pat. 20 R. 2. p. 2. m. 22. in dorso . 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 n n Par. 30 H. 6. p. 1. m. 22. in dorso . to view and repair the Banks and Sew●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 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 Bas●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 o o P●● . 14 E. ● . p. 1. m. 20. in dorso . 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 Sewers● 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 p p Pat. 22 E. 4. p. 1. m. 22. in dorso . 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 q q Ex bund . Decret. in officio nuncupata the Pettibag . 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 y●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 spacious●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 ●ebellion in those dayes , repaired hither , and fortified an old Castle , which had been a a Flores Hist. in anno 1174. 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 b b Ib. in anno 1276. Math. Paris . simi●i●er . 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 c c Pat. 1 E. 3. p. 3. m. 10. in dorso . 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 d d Pat. 1 E. 3. p. 1. m. 18. in dorso . 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 e e Pat. 25 E. 3. p. 1. m. 5. in dorso . 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 Pat. 26 E. 3. p. 3. m. 22. in dorso . 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 g g Pat. 39 E. 3. p. 1. m. 12. in dorso . 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 h h Pat. 40 E. 3. p. 1. m. 30. in dorso . 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 i i Pat. 41 E. 3. p. 1. m. 19. in dorso . had the said Thomas and William , with Roger de Kirketon , and others in 41 E. 3. So also in 43 E. 3. had k k Pat. 43 E. 3. p. 1. m. 33. in dorso . 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 l l Pat. 2 R. 2. p. 2. m. 32. in dorso . 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 forc● of Trent . And in 7 R. 2. to m m Pat. 7 R 2. p. 1. m. 17. in dorso . 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 n n Pat. 1 H. 5. p. 1. m. 21. in dorso . 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 o o Ex bund . de Brev. & Recordis , Wallias &c. tangentibus , tem . H. 5. n 15. Lin. 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 p p Ex bund . de Brev. & Recordis , Wallias &c. tangentibus , tem . H. 5. n 15. Lin. , 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 belong●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 q q Pat. 5 E. 4. p. 1. m. 23. in do●so . 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 St●tue * * Cap. 5. 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 marsh● 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 Rom●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 , a a Ex d●v●rsi● , deposi●ionibus , ●n lingu● â Brevium de term . Pasch. 24 Ca●oli penès Remem , Scace● that the overflowings of the fresh waters over t●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 Cha●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 of Idel to Trent bank ; men rowing also with lesser Boats , to look Swans , over all parts of it , betwixt Lammas and Michaelmasse : And in like sort over Starr Carr , and Axholme Carr ; insomuch as there was no lesse than sixty thousand acres of land thus overflowed by the said fresh waters .

The said King therefore , being seized of this Island , and of divers lands and waste grounds , belonging to the same ; as also of and in the Chase called Hatfield Chase , with Dikes mersh , together with the Lordships of Wroote and Finningley in the County of Yorke , all lying upon the same flat ; out of his Royal and Princely care for the publick good , in regaining so great a proportion of surrounded land ; which , at the best , yielded little or no profit to the Common wealth , but contrariwise nourished beggars and idle persons : and having a Chase of Red Deer through a good part of this Fen , which much annoyed and opprest the residue ; resolving by the advice of his Counsel ; partly for the easing of his chardge , and increase of his revenue , and partly for the improvement and reducing of so great a quantity of drowned and boggy ground , to be made good Meadow , Arable , and Pasture , for the general good ; did under the great Seal of England , contract with Cornelius Vermuden , An. 1626. then of the City of London Esquire , by Articles bearing date the twenty fourth day of May , in the second year of his reign , the substance whereof was as followeth .

First , that the said Cornelius should , at his own chardge drain and lay the same dry ; beginning the work within three months , after the said King should have agreed with those persons that had interest of common therein ; and finish it with all possible expedition .

That he the said Cornelius , in consideration thereof ; should have to him and his heirs , for ever , one full third part of the said surrounded grounds , to hold of the said King , his heirs and successors , as of his Mannour of East Geenwiche , in free and common socage .

That he the said Cornelius should pay and satisfie to the owners of all lands , lying within the same level , and so surrounded , such summs of mony , as the said lands should be thought worth by four Commissioners ; whereof two to be named by the Lord Treasurer of England , for the time being ; and the other two by him the said Cornelius .

That the work being finished , there should be , for the better preservation thereof , a Corporation made , to make Acts and Ordinances to that end , as occasion should require ; consisting of such persons as he the said Cornelius and his heirs did nominate .

That within three years after they should be finished , six Commissioners to be appointed ; viz. three by the Lord Treasurer of England , for the time being ; and three by the same Cornelius , his heirs &c. to view them , and estimate what the future yearly chardge might amount unto , for the perpetual maintaining of them : whereupon the said Cornelius to convey and assure the Inheritance of lands to such a value , as might be thought sufficient to support that chardge .

And that whereas divers did claim common of Pasture in sundry of the said grounds , it was agreed that the King should issue out his Commission under the great Seal of England , to certain persons , to treat and conclude with those Commoners , by way of composition , in land or mony , concerning the same .

VVhereupon Commissions were accordingly directed b b The state of the case printed at London , an. 1656. to several Gentlemen of those Counties , to treat and agree with all such as pretended right of Common within any of the Mannours above-mentioned : which took effect with each of them , except those of the Mannour of Epworth , in this Isle : But Sir Robert Heath , being the then Attorney General , exhibiting an information in the Exchequer Chamber against them , three hundred and seventy ( who were all that at that time could be discovered to have right of common there ) came and submitted to such an Award , as Sir Iohn Bankes ( the then Attorney general ) should make therein : Who , upon several hearings of all parties and their Councell , made this Award ; viz. that of thirteen thousand and four hundred Acres , belonging to that Mannour ( which was then to be drayned , with the rest of the levell ) six thousand Acres should be allotted to the Commoners , as their part or portion , lying next to the Towns ; and so preserved for ever , at the chardge of the said Cornelius Vermuyden ; and the remaining seven thousand and four hundred Acres to be set out in the remotest parts of those wastes to Sir C. Vermuyden and his participants , for their third part , and for the said late King's part , in right of his interest as Lord of the soil : which , by consent was decreed in the Exchequer Chamber , and possession thereupon established with the said Cornelius Vermuyden , and his participants , and to their assigns .

The agreement being therefore thus made , this great work was accordingly begun , and had so successful a progresse ; that , with the chardge of fifty five thousand eight hundred twenty five pounds , or thereabouts , it became fully finished , within the space of five years ; the waters which usually overflowed the whole levell being conveyed into the River of Trent , through Snow Sewer , and Althorpe River , by a Sluse ; which issued out the drayned water at every ebb , and kept back the tides upon all comings in thereof .

And now that the world may see what an advantage accrued to the publick by this noble , though chardgable work , I shall here , from the before-specified Depositions , observe ; First , that since the drayning of Haxey Carr , a great part thereof hath been sowed with Rape and other Corn , for three years together , and born plentiful crops .

That some part of the said Carr , not worth above six pence an Acre , per annum , was after the said drayning worth xs. the Acre .

That several houses have been since built and inhabited in sundry places of the said Carr , which formerly was drowned land : So likewise in other parts of the levell .

That since the drayning , the gounds are better worth xiijs. iiijd. an Acre , than they were two shillings an Acre before .

That of ten Acres of drayned land , fifty quarters of Rape seed have been gotten in one year , and sold at xxxs. the quarter .

That of the said drayned grounds , th●y have usually had three quarters and a half of wheat upon one Acre ; three quarters of Rye upon one Acre ; and eight quarters of Oats upon one Acre . And for six years together seven quarters of Oats on one Acre .

That before this drayning , the Country thereabouts was full of wandring Beggars ; but very few afterwards ; being set on work in weeding of Corn , burning of ground , thrashing , ditching , Harvest work and other Husbandry : All wages of Labourers , by reason of this great use of them , being then doubled .

Hereunto I shall add what I find in that printed Relation , before-mentioned ; viz. the State of the Case ; id est , that the said Cornelius Vermuyden , together with his participants and their assigns , being in quiet and peaceable possession of what belonged to them by virtue of the Agreement abovesaid , did build and plant a Town called Sandtoft , with a Church therein ; placing a Minister there ; whereunto resorted above two hundred Families of French and Walloon Protestants ( fled out of their native Country for fear of the Inquisition , only to enjoy the free exercise of their Religion here ) who erected and planted above two hundred habitations for Husbandry , and plowed and tilled much of the said twenty four thousand and five hundred Acres of land , to the great benefit of the Common wealth . All which they enjoyed till about the Month of Iune , in the year 1642 , An. 1642. that some of the Inhabitants thereabouts , pretending they had right of Common , said they were not bound by the before-specified Decree : and therefore taking advantage of the present distractions : for then it was that the Parliament began to raise a powerful Army for the safety of the King's person , defence of both Houses of Parliament , and of those who had obeyed their Orders and commands ; and preserving the true Religion , Laws , Liberties and peace of the Kingdome ( as their votes and Remonstrances did set forth ) a vast proportion of money and plate , being brought in , by the Citizens of London , and others , for that purpose ; the King being at that time at Yorke , with some slend●r guards ( which they voted to be a levying of warr against his Parliament ) they arose in tumults , brake down the fences and inclosures of four thousand Acres , destroyed all the Corn growing , and demolished the Houses built thereon .

And c c Ex praefatis depositionibus . about the beginning of February ensuing , they pulled up the Floud-gates of Snow Sewer , which by letting in the tides from the River of Trent , soon drowned a great part of Hatfield Chase ; divers persons standing there with Muskets ; and saying , that there they would stay till the whole levell were drowned , and the Inhabitants forced to swim away like Ducks : and so continued guarding the said Sluse for the space of seven weeks together , letting in the tides at ev●ry full water , and keeping the Sluse shut at an ebb . And about that time , likewise , some of the Inhabitants of Mi●●erton , pulled down another Sluse , neer that Town ; which occasioned the River of Trent to break down the Banks and overflow the whole levell , so that the Barns and Stacks of Co●n were drowned a yard high , at the least .

And thinking this not to be mischief enough , the d d Ibid. Inhabitants of the Isle of Axholme , did about Michaelmasse in the year 1645 tumultuously throw down a great part of the Banks , and filled up the Ditches , putting in Cattel into the Corn , and Pastures of those that had been Adventurers for the drayning .

Whereupon the said Participants in this great and costly work , by their humble Petition e e The state of the case ut supra . , exhibited to the Parliament in December following ; presented , that after the expence of at least two hundred thousand pounds in those works , the Tenants of the Mannour of Epworth , notwithstanding their consents to that Decree before-specified , which had been passed in the Excheque● for settlement of what had been agreed on , and set out of that Mannour , for the said Participan●s and their Tenants ; had in a tumultuous manner thrown down and laid waste a proportion of at least 74000 Acres of land , and destroyed a great quantity of Rape , and Corn growing , by forcible keeping and depasturing their Cattel thereon ; as also demolished very many Houses , burnt others , cut and burned the Plows , beat and wounded those that were Plowing , or resisted them in any of those their outragious acts ; and then threatned the drowning of the whole by cuttng of the Banks , and misusage of the Sluses : and moreover , that they resisted the said P●rticipants , in levying taxes for the repair of the works , to the great damage of the Common wealth in general , and scandal to the Justice thereof , in case these things should not be restrained , and the offenders to be punished .

For preventing therefore of the like mischiefs , and preservation of the peace of the Country , it was then ordered by the Lords in Parliament , that the Shireeve of the said County of Lincolne , and Justices of peace there , should , upon complaint made to them therein , punctually pursue the Statutes made in 13 H. 4. for suppressing of Riots and Routs , and call to their assistance , if need required , the Trained bands of the said County , and the Parliaments forces next adjoyning , to be aiding and assisting to the said Participants , in guarding and keeping these Sluses and Sewers ; and in repairing what had been so demolished ; and in levying the Taxes legally imposed , tending to the preservation of so good and beneficial a work to the common wealth : And for the setling of this businesse , they farther ordered , that the Shireeve of the County of Lincolne , for the time being , should , upon request to him made by the said Participants , appoint such a Deputy , within the limits of the same levell , for the sudden aiding and assisting of them ( when need should require ) as they from time to time did desire .

And that this Order should be forthwith published , in the several Parish-Churches and Market-Towns of this County .

Which course being thus taken for restraint of those their tumultuous and riotous practices ; seven of the Inhabitants of the said Mannour of Epworth , brought their actions at Law against the said Participants , for recovering of what had been so formerly setled by the before specified Decree , with their own consents .

Whereupon the said Participants exhibiting their Bill in the Exchequer Chamber , for establishing their possession against those seven , obtained this Order f f Ibid. ; viz. that the Kings Solicitor general should proceed upon the same in that Court , with all convenient speed ; and in the mean time the possess●ion of the lands in question to be held in quiet by the Plantiffs , as it had been formerly setled by the said Court , and enjoyed at any time since the said Decree made : and likewise , that their sutes at Law should be stayed by the Injunction of the same Court , untill the hearing of the cause , or that the Court gave farther order therein .

Upon which Injunction the Shireeve had a Writ of assistance , and came with near a hundred persons to quiet the possession , and set up the Banks of those 4000 Acres first laid waste : But one Daniell Noddel , Solicitor for the before-mentioned Inhabitants , hearing of the said Shireeve's coming , got together about four hundred men , and forced him , with all his assistants , to flie ; and having so done , demolished what he the said Shireeve had before caused to be set up .

The Participants therefore , being thus forcibly kept out of possession , brought their Bill to hearing ; which the said Noddel discerning , he drew in , to his aid , Lieutenant Colonell Iohn Lilburne ( a person of a most turbulent Spirit , and who since dyed a Quaker ) and Major Iohn Wildeman ; and , whilst the cause was hearing , joyned with the said Inhabitants in a farther Riot , on the remaining 3400 Acres , which till then had been kept up ; impounding the Tenants Cattel , and refusing to admit of Replevins , and so forced them to what rates they pleased for their redemption .

Whereupon the said Participants , not knowing otherwise what to do , complained several times to Michael Monkton , a Justice of Peace in those parts : who not only refused to grant any Warrants , or pursue any legal course for their preservation ; but on the contrary gave ●n●ouragement to the Riotors ; and upon an Indictment exhibited against some of them , in the Sessions , for these outrages , which was found by the Jury , some of the Justices there sitting , thinking it fit to fine the Delinqnents at 4 or 5 marks a piece ; the said Monckton moved openly that their fines might be but six pence a piece ; and insisted so earnestly thereon , that the fine imposed on them was no more than twelve pence a man .

Howbeit after this , viz. in February 1650. upon a full hearing in the Exchequer , a Decree was made for establishing the possession with the Participants ; which being published on the place , in presence of divers of the said Inhabitants ; they having gotten the influence of the said Lilburne , Wildeman , and Noddel ; declared , that they would not give any obedience thereto , nor to any order of the Exchequer or Parliament ; and said , that they could make as good a Parliament themselves : Some expressing that it was a Parliament of Clouts ; and that if they sent any forces , they would raise men to resist them ; and thereupon proceeded to the defacing of the Church at Santoft ; and within ten days time , did totally demolish the Town it self , with other Houses thereabouts , to the number of fourscore and two habitations , besides Barns , stables and Out-houses ; as also a Windmill ; and destroyed all the Corn and Rape then growing on the said 3400 Acres : the damage of all which amounted to fourscore thousand pounds , as appeared by the Testimonies of sundry witnesses .

All which waste and spoil being done ; the said Lilburne , Wildman , Monckton , and Noddel , confederating together , made an agreement with several of the Inhabitants of Epworth , that in consiration of 2000 Acres of the said land , so wasted , to be given to Lilburne and Wildman , and 200 Acres to Noddell , they the the said Libburne , Wildman , and Noddel , should defend them from all those Riots past , and maintain them the said Inhabitants , in possession of all the rest of the 7400 Acres , before laid waste , and keep them drie ; and in accomplishment of that agreement , sealed Deeds accordingly . VVhich being done , the said Lilburne and Noddel , with some others came to Santoft Church , on the Sunday , and forced the French Congregation from thence , telling them that they should not come thither , except they were stronger than they .

And after this , the said Lilburne and Noddel went to another Lordship , called Crowle , where they agreed with some of the Inhabitants thereof , to get their Commons again , as Epworth had done ; advising them to impound the Tenants Cattell ; and that if any Replevin were brought , they should impound them again , and break down their Fences , and eat up their crops ; and so tire them till they had attorned Tenants to them ; all which they did accordingly . The Tenants therefore being thus terrified , and seeing their condition no better than their Neighbours , took Leases from Iasper Margrave and George Stovin ( two of Lilburnes Confederates ) who gave bonds of save them harmlesse : by which practice and the former force , the Petitioners became outed of their possessions in both these Mannours . And at the making of those Leas●s Noddel declared openly , in the presence of divers persons , that he would lay xxs. with any man , that assoon as Lilburne came to London , there should be a new Parliament ; and that Lilburne should be one of them , and call that Parliament to account : Farther adding , that they having now finished this of Lincolnshire ( meaning gotten the land from the Petitioners ) they would go into Yorshire ( id est the rest of the levell ) and do the like there ; and then they would give the Attorney General work enough to do .

And Noddel said at another time , that now they had drawn their case , they would print it , and nail it at the Parliament dore ; and if they would not do them justice , they would come up ; and , making an out-cry , pull them out by the ears . And having thus possest themselves of the proportions above mentioned , they dimised several parts thereof to sundry persons ; Lilburne himself repairing the House , which had been built for the Minister , and almost pulled down by the Rioters , put his servants to reside and keep possession in it , and imployed the Church for a stable and Barn .

A Narrative of all which barbarous outrages and high insolencies of the before-specified Lilburne , Wildman , and Noddel , with their confederates , were drawn up in writing by a Committee of the said Parliament to be represented to the House : but that Parliament being dissolved by the power of the Army , April 10th 1653. which was before this Report could be made by that Commitee ; the Council of State ( which was set up about ten days following ) did send for it ; and made reference thereof to a select Committee of the same Council ; who also farther examining the business , and finding what had been so deposed and reported , to be true , signified as much to the said Council of State ; whereupon they did order , that the forces of the Army , quartering in the levell of Hatfield Chase , or within the Counties of Yorke , Lincolne , and Notingham , or any of them ; or any other that then were , or might be in those parts , should be aiding and assisting to the Officers of Justice , and the said participants , for setling and establishing the possession of the 7400 Acres of those late improved lands , within the Mannour of Epworth , in the said Report mentioned , with the said participants ; and also for executing the Decrees and Orders of the said Court of Exchequer , or any Courts of Justice touching their possession therein ; and likewise for preventing such Riots and outrages for the future . And in respect of the great damage suffered by the said participants and their Tenants ; they farther ordered , that the Commissioners of the great Seal , for the time being , should award a special Commission of Oyer and Terminer to the Judges of Assize for the said respective Counties , to try the Ryotors and to punish them according to Law and Justice ; and to enquire of the damages suffered , as aforesaid , by the said participants and their Tenants ; to the end , that they might have just reparations for the same . VVhich order beareth date at White Hall the 31th of August 1653.

But notwithstanding this , & the former Orders and Letters of the Parliament & Council , the said Inhabitants still continued in their riotous & rebellious posture , not giving any obedience thereto , nor to the Decrees and Orders of the Court of Exchequer , nor Precepts of the Court of Sewers ; standing in defiance and opposition to all Authority .

Upon another Petition , therefore , presented by the said participants and their Tenants , together with a Remonstrance of the Commissioners of Sewers unto the Lord Protector and his Council ; an Order of reference was made upon the xvth of April 1656. to the Lord Fienes then one of the Commissioners of the great Seal , the Lord Lambert , Major General Desborough , the Lord Lisle and the Lord Strickland ( for so they were then called ) or any three of them , to consider of the said Petition , and report their opinion therein to the Council .

The said Lords therefore requested Major General Whalley to call both parties before him , and to examine the whole matter set forth in the before-specified Petition , and make report thereof unto the said Committee ; which he did accordingly ; manifesting , from sufficient Testimony , the guilt of those Ryotors , in all the outrages before expressed .

VVhereupon the Council of State , by their Letters dated at Whitehall 21ᵒ Augusti 1656. and directed to the said Major General Whalley , recommended the redresse thereof to his care ; and to that end desired him to improve his endeavour upon all occasions , to prevent any farther Ryots and misdemeanors in those places ; and in order thereto , to punish such their scandalous disobedience , according to his instructions ; and not to suffer the said Inhabitants to keep by them any Arms or other Instruments for their future acting of the like ; and moreover to appoint some of his Regiment to be effectually aiding and assisting to the Shireeves of the respective Counties within his association , or the Deputies and Collectors of the Court of Sewers , for the putting in execution from time to time , the Decrees , processe , and Orders , of any the Courts at Westminster , or of the Commissioners of Sewers ; to the end that the improvers just Rights might be restored according to Law , and the said Strangers have the peaceable exercise of their Religion , in the place designed for the publick meetings to that purpose .

CAP. XXVIII .

FRom Axholme I come next to those Marshes upon the River of Ankolme , lying in the Northwest part of this County : concerning which , the first mention that I have seen in Record , is in 16 E. 1. the King then directing his VVrit a a Esc. 16 E. 1. n. 47. of Ad quod dampnum to the Shireeve of this County , to enquire , whether it would be hurtful to him or any other , if the course of that water , then obstructed from a place called Bishop's Brigge to the River of Humbre , were opened ; so that the current of the same might be reduced into it's due and antient Chanel . VVhereupon a Jury being impanelled accordingly , and sworn , did say b b Esc. 16 E. 1. n. 47. upon their Oaths , that it would not be to the damage of the said King , nor of any other , but rather for the common benefit of the whole County of Lincolne , if the course of that River , obstructed , in part , in divers places , from Bishop's Brigge to the River of Humbre , were open . And they farther said , that by this means , not only the Meadows and Pastures would be drayned , but that Ships and Boats laden with Corn and other things , might then more commodiously passe with Corn and other things from the said River Humbre into the parts of Lindsey , than they at that time could do , and as they had done formerly .

VVhereupon , about two years following , the King did constitute c c Pat. 18 E. 1. m. 30. in dorso . Gilbert de Thorntone , Iohn Dive , and Raphe Paynell his Commissioners to cause that Chanel to be so scoured and clensed .

The like Commission d d Pat. 23 E. 1. m. 15. in dorso . had the said Gilbert and Raphe in 23 E. 1.

And in 6 E. 2. the King being informed e e Pat. 6 E. 2. p. 1. m. 17. in dorso . that the Chanel of the said River of Ancolme , from Bishop's Brigge to the Bridge at Feryby , which ought and had wont to be fourty foot broad , was then grown so narrow for fault of clensing and scouring , that in some places it extended not to three foot in bredth ; so that a great part of the adjacent lands , were thereby frequently overflowed and drowned : and that men and Cattel passing over Glaunford brigg , in the time of such Flouds , were seldome out of danger ; he assigned f f Pat. 6 E. 2. p. 1. m. 17. in dorso . the said Raphe Paynell and Henry Bajocis to enquire the truth thereof , and to cause redresse therein to be made .

Divers other Commissions also do I find to the same purpose ; viz. in 3. E. 3. to g g Pat. 3 E. 3. p. 1. m. 31. in dorso . Iohn de Heselarton , Peter de Ludington , Simon de Grimesby , and Richard de Navilton , for the clensing thereof , from Glaunford brigge , before-specified , to the River of Humbre : And likewise for the scouring of certain Sewers , betwixt Elsham and Feriby , for default whereof the Lands thereabouts were overflowed .

In 19 E 3. to h h Pat. 19 E. 3. p. 1. m. 18. in dorso . Richard Byroun , Will . Disny , Will . de Hardesbull , Will . Darcy , Iohn de Arches , and Roger de Nevill , for the clensing of those Sewers betwixt Bishop's Brigge and Feryby brigg .

In 23 E. 3. to i i Pat. 23 E. 3. p. 1. m. 6. in dorso . Iohn de Hothum of Bondeby junior , Richard Paynell , Will . de Skipwith , Iohn de Arches , Raphe de Redford , and Iohn Cokand , for scouring the said Chanel from Glaunford brigge to the River of Humbre , to the bredth of xl foot as it ought and wont to be ; as also of the Sewers betwixt Elsham and Feriby : and to make enquiry concerning certain new Sewers , made from the said Town of Elsham to Feryby by some of the Inhabitants of those parts , by their own authority , which had occasioned much overflowing of the waters thereabouts .

In 36 E. 3. to l l Pat. 36 E. 3. p. 1. m. 6. in dorso . Raphe Paynell , William Bray , Will . Wascelyn , and Raphe de Redford , for the same purpose .

In 39 E. 3. to m m Pat. 39 E. 3. p. 2. m. 31. in dorso . Will . Drax , William Wascelyn and Will . Darcy , for clensing thereof betwixt Bishops brigge and Humbre . So likewise in 40 E. 3. to n n Pat. 40 E. 3. p. 1. m. 34 in dorso . Iohn de Boys , Thomas de Fulnetby , Raphe de Redford , William Wascelyn , and others .

And in 15 R. 2. to o o Pat. 15 R. 2. p. 1. m. 37. in dorso . Sir Philip le Despenser , Sir Philip Darcy , and Sir Henry Retford Knights , Iohn Poucher , Will . Crosby , Gerard Sothill , Rob. Tirwhit , and Will . de Garton , for the view and repair of the Banks , betwixt the Town of West-Rasyn , and the River of Humbre , then broken in divers places through the force of the Tides , and flouds of fresh waters descending down the Chanel of Ancolme .

Upon a pleading p p Plac. coram . R●ge ●●term . Tr●n 4 H. 4. rot. 13. Linc. in 4 H. 4. it was found , that the Presentment made in the Shireeves turn , at Castre , against the Abbot of Roche , that he ought to repair and clense the Chanel of Ankholme , was insufficient ; in regard it did not specifie , that the said water did overflow the Banks thereof , to the damage of the neighbouring Villages ; neither specially , nor generally . And also because that the said Shireeve did amerce the same Abbot in xll. which amerciament ought to be affered by four or two of the Jurors .

In 6 H. 5. Rob. Tirwhit , Will . Ludington , Richard Haunsard , Thomas Handley , Walt. Talboys , Iohn Talboys , Thomas Enderby , Richard Hawe , Iohn Veer , and Rob. Feryby were appointed q q Pat. 6 H. 5. p. 1. m. 21. in dorso . to view and repair the Banks and Sewers upon the said River of Ankholme , from Bishops brigge to the water of Humbre , and the interjacent places : And to proceed therein according to the Law and Custome of this Realm .

And in 22 E. 4. Will . Tirwhit Esquire , Robert Shefeld , Thomas Moigne , Iohn Moigne , Thomas Hanserd Esquire , and Iohn Barde had Pat. 22 E. 4. p. 1. m. 22. in dorso . the like appointment : And to make fit 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 , 11ᵒ Car. 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 a a Ex ejusdem Decreti exempli pe●è● Ioh. Mounson m. l. de balnce . an. 1659. by Will . Tirwhit , Will . Anderson , Marmaduke Darell , Samuell Owfield , Stephan Anderson Esquires , and Richard Nelthorpe Gentleman , his Majesties Commissioners , that a Tax of xiij 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 b b Ibid. 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 b b Ibid. ; 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 ●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 his associates above-mentioned , did declare d d Ibid. ; that upon view and perambulation through the said levell , they adjudged that the said Sir Iohn Monson had sufficiently drayned , and recovered those surrounded grounds , according to the first undertaking therein .

And that therefore , considering the great chardge , which he the said Sir Iohn ha● been at therein ; and the advantage which had already accrued , and would farther accrew to the Lords and owners , and all others interessed in the same : as also the further chardge , which he the said Sir Iohn was like to sustain therein , did adjudge to him the said Sir Iohn and his heirs , the before-specified quantity of five thousand eight hundred twenty and seven acres , according to the Statute de terris mensurandis , of the said Fenny grounds ; to be severed and divided in such sort from the said other grounds , as he the said Sir Iohn Monson , his heirs or assigns should think most convenient . VVhich said number of Acres were accordingly assigned out of the several Lordships &c. so drayned ; according to a particular schedule , whereby the number out of each is exprest . All which was exemplified in the said Kings Letters Patents , dated at Westminster 24ᵒ Februarii 15ᵒ Caroli , the said Commissioners and every interessed person seeming very well satisfied therewith .

Neverthelesse , of such pernitious spirits were divers of the Free-holders and Commoners , that , taking advantage of the late troubles in this Realm , they did , about the beginning of the late warrs , re-enter upon those lands ; by reason whereof , not only the works became neglected , but the drayns have been filled up , and Sluses decayed . And though the said Sir Iohn Munson made his complaint to those , who of late years took upon them reg●l power under the name of the Parliament of the Common-wealth of England ; yet did he obtain no redresse therein .

CAP. XXIX .

I Now come to those Banks and Sewers , Lindsey . in the other parts of this Province of Lindsey , whereof some do lye upon the South side of Humbre , and the residue upon the Sea coast .

The first mention of these , wherewith I have yet met , is by a Fine * * Ex ve● . membra●â pen●s M●untaga ●omi m●de Lindsey . an. 1660. levyed at Lincolne , upon the morrow after the Feast of the blessed Virgins Purification in 41 H. 3. before Iohn Abbot of Peterborough , Roger de Thurkelby , Peter de Perci , Nicholas de Hanlou , and Iohn de Wyvile Justices Itinerant and others , betwixt Raphe Abbot of Croyland , Gilbert de Gaunt , Robert de Welle , Robert de Wilgeby , Nicholas de Grendale , Iollane de Hamby , and Gilbert de Orreby Plantiffs ; and William de Gaunt , and Alice his wife deforciants , concerning a certain Sewer , which they claimed to have in the lands of the said William and Alice , in Munby , and Hoggesthorpe : By the which Fine the said William and Alice , did grant , for themselves and the Heirs of the said Alice ; that the before-specified Abbot and his successors , as also the said Gilbert de Gant , and the rest , and their heirs ; together with all the Tenants of the Fee of Guy de Crun , Gilbert de Gaunt , and Robert de Tatersale , betwixt the Towns of Brunthorpe and Orreby , should have a certain common Sewer , through the midst of the lands of the said William and Alice , and the heirs of the said Alice , in Munby and Hoggesthorpe , of xxiiij foot in bredth , for the drayning of all their lands within that Fee ( saving that the said Gilbert de Orreby , and his heirs , should not drayn above three hundred Acres of land : ) so that the same Sewer should begin from Frethermersklide , and so extend it self to the Sea , by these following bounds ; viz. from Frethermersklide to Kamericroft ; thence to Grimescrike , and so through the midst of Haverholm , and the midst of Boyntoft Common , unto the Sea-bank ; thence to a certain bank , called N●w Haven , through the middle of the Fen , unto the Sea ; and that the said Abbot and his successors , as also the said Gilbert , Robert &c. and their heirs , should have liberty to scour , clense , and repair the said Sewer , and cast the earth on each side thereof , at their pleasure , without the impediment of the said William and Alice , and the heirs of the said Alice , for ever : For which grant and concession , the said Abbot , Gil●ert , Robert &c. gave to the said William and Alice the ●umm of xxl. sterling .

And the said Abbot , for himself and his successors ; as also the said Gilbert , Robert &c. for themselves and their heirs , did then Covenant to make and maintain three Bridges , over the same Sewer , at their own proper costs and chardges , by which Carts and Carriages might have passage ; and likewise one bridge betwixt Frethemskilde and Camericrofte ; and two bridges betwixt Haverholme and the Sea-bank ; and one bridge for foot folk , betwixt the Church of Munby , and the Chapel of S. Leonards in that Town : and moreover a certain Gutter at the Sea-bank , by which the water which cometh through the said Sewer , may alwayes passe into the Sea : so that if the said Abbot or his successors , and the said Gilbert , Robert &c. or their heirs , should fail in maintaining and repairing the said S●wer , Bridges , or Gutter , it might be lawful for the said William and Alice , and the heirs of the said Alice , to distrain their Cattel found in any of the lands of the said Fee , untill the repairs of the said Sewer , Bridges , and Gutter should be repaired .

After this , viz. in 8 E. 1. the King directed his VVrit a a Es● . 8 E. 1. ● . 73. to Iohn Beke and the Shireeve of this County ; commanding them to enquire by the Oaths , aswell of Knights as other honest and lawful men , within his precincts , whether it would be to the damage of the said King , and the Inhabitants of this Country , if the course of the River of Friskeney were diverted , and brought into the Town of Grimesby , for the better opening of that Port , which was then so filled up with silt and mud by frequent inundations , that ships could not have free ingresse and egresse out of it .

VVhereupon a Jury being accordingly impanelled and sworn , did say upon their Oaths , that the said River might be so diverted , without any damage to the King , but to the prejudice of divers of the Country ; viz. of William de Apeltrefeud , who then had the seat of a Mill , which he might , if he pleased , new build , whereby it would yield him four pounds and t●o shillings by the year : And that it would be to the damage of Sir Walter de la Lynde two shillings , which he had wont to receive for drying of Nets upon his land : And to the damage of Gilbert of Little Cotes , Robert de Kirketon , Sir Walt. de la Lynde , Philip de Wynelesby , and their Tenants , four shillings ; and four shillings yearly , for two acres and an half of pasture .

And they said , that if it hapned the same water of Friskeney to passe by Milnewell Creeke , the Town of little Cotes would lose it's Common of pasture of two hundred Acres and more , except they should have a sufficient Bridge for Carriages and Cattel to their said pasture : And moreover that if the same water should be brought to Milnewel Cryke , as the Inhabitants of Grim●s●y desired , it would be forced back by the Sea-rides , and overflow the land at great Cotes , little Cotes , and Lysceby , to the damage of those Towns xll. per annum ; exc●pt the Chanel of Mylnewelcryke were sufficiently digged , and strong Sluses made to keep back the tides .

And they moreover found , that the said water was near to the same town of Grimesby ; and that the Chanel , so made , ought to contain in length Cxl perches , and every perch to be xx foot in length , and in bredth xij perches : And that the Burgesses of that Town might have benefit by the said current of water , for the clensing of their Haven ; and that it might be yearly worth vis. viijd.

Upon a pleading b b Plac. coram Rege term . M●●h. 18 E. 1. rot. 45. Linc. in 18 E. 1. touching the repair of a Sea-bank at Thedelthorpe , in a certain place there , called ●othun , it appeareth , that the King assigned Will . de Carleton and Will . de Candelesby to view the same , and to take order for the repair thereof ; who thereupon ordained , that every Acre should be taxed alike for supporting the chardge thereof , notwithstanding any Custome to the contrary : but the businesse was not fully determined at that time , Vide Plac. de term . M●c● . 19 ● . 1. ●o● . 14. because the Jurors appeared not till the Octaves of S. Martin .

In 26 E. 1. upon a sute c c plac . de Banco term . Mich. 26 E. 1. rot. 43. Linc. concerning the repair of the Ditches and Sewers at Waynflete , the Jurors found , that the Custome of that Town was such , that the Ditches there ought to be clensed every year for the drayning the lands belonging to that place ; and that every Inhabitant thereof , having lands there , ought to be assessed and taxed according to the quantity of his lands , to contribute to the chardge of such clensing and scouring of them . And they also found , that one Roger the Son of Walter de Waynflet , being then assessed at two shillings for xxiiij Acres of land , which he held there , denyed not the said Custome ; but alleged that the mony taxed for those repairs , ought , according to the said Custome , to be levyed and collected by certain of the Inhabitants of the said town , called Dyke-rieves , and not by any others .

The next year following , upon a sute d d Plac. de Banco 27 E. 1. ot . 50. Linc. comm●nced by Alan the son of Peter le Toller of North Weynflete , against William le Toller , for the distraining of his Cattel at South Weynflete , in a certain place called the Sale ham ; the said William justified the taking of that distresse ; and said , that such was the Custome in that Town● of North Waynflete , that as oft as the Sewers there made for drayning of their lands , did want repair , they ought to be viewed by the Commonalty of that place : and that thereupon , every person having lands and Tenements there , ought to be assessed for the repair of those Sewers according to the proportion of his said lands . And the said William farther affirmed , that the said Alan was assessed , by the before-specified Commonalty , for the repairing of seven Perches of a certain Ditch , opposite to a place called Cannon dayle , by reason of seven acres of land , which he held , that in former time belonged to the Ancestors of one Iohn de Bardne , and lay abutting upon that Ditch where the said seven Perches wanted repair ; and that he the said Alan neglecting to repair the same , was distrained as abovesaid . Wher●unto the said Alan made answer , that he did acknowledge the before-specified Custome ; yet said , that he was not to perform those repairs in respect of the seven Acres above-mentioned , but for other Tenements , viz. xl Acres of land , with the appurtenances , lying in Waynflete aforesaid .

And in the same year , upon another sute e e Plac. de Banco Octab. Mich. 27 E. 1. rot. 141. Linc. betwixt the said par●ies , upon the taking of the like distress , the before-specified William avowed ; that such was the Custome in that Town of North Waynflete , that certain of the Inha●itants ther●of were assigned to view the Marsh-Ditches therein , every year on the Feast day of S. Andrew , and to present the defaults which they should find in them , at the next Court of Henry de Lacy , Earl of Lincolne , then Lord of that Town : And that every Tenant of that Lordship , who ought to make any repairs there , to be amerced in xvid. at the said Court . VVhereunto the said Alan answered ; that there might have been a sufficient distresse found by the same William , and not to have taken his Cattel , which were for the Plow .

In 28. E. 1. Thomas de Burnham and Raphe de Friskeneye were constituted f f Pat. 28 E. 1. m. 13. in dors● . Commissioners to view and repair the Banks and Sewers , in the Marshes of Mers●e and Lindeseye ; and chiefly the obstruction of a Sewer in those Marshes , called the Flete .

So also were g g Ib. m. 12. in dorso . Thomas de Burnham and Gilbert de Toutheby for those Ditches and Gutters in North Weynflet .

Divers other Commissions , of the like nature , do I find , viz. in 32 E. 1. to h h Pa●. 32 E. 1. m. 2. in d●rso . William Howard , Thomas de Burnham , and Raphe de Freskeneye , for the view and repair of all the Banks , and Ditches , upon the Sea-coast , in these parts of Lindeseye . In 33 E. 1. to i i Pat. 33 E. 1. m. 3. in dorso . the said Thomas de Burnham and Thomas de Gunneys for those in the parts of Malberthorp , Thedilthorpe , and Saltfletby .

In 34 E. 1. to k k Pat. 34. E. 1. m. 6. in dorso . the same Thomas de Burnham , Henry de Bayeux , and Roger de Cubbledike for those at Little Cotes upon Humbre . In 35 E. 1. to l l Pat. 35 E. 1. m. 12. in dorso . Raphe de Friskenay , Henry de Bayeux , Gilbert de Toutheby , and Robert de Malborthorp , for all the Banks and Sewers in this Province of Lindsey .

In 2 E. 2. to m m Pat. 2 E. 2. m. 11. in dorso . the said Henry de Bayeux , Nich. de Bolyngbrok , and Walter de Stalynburgh for those at Northcotes , Tetenay , Humberstan , Thernesco , Itterby , Hole , Grymesby , little Cotes , and great Cotes upon Hombre . As also to n n Ibid. Rog. de Scotere , Walt. de Freskeneye , and Alan de Reytheby , for those at Malberthorp and Thedilthorpe .

In 4 E. 2. to o o Pat. 4 E. 2. p. 1. m. 25 ●n dorso . Iohn de Kyme , Adam de de Welle , Will . de Malberthorp , and others , for those betwixt Mumby and Saltfletby . In 6 E. 2. to p p Pat. 6 E. 2. p. 1. m. 3. in dorso . the said Henry de Bayeux , Nicholas de Bolingbrok , and Walter de Stalingburgh , for those betwixt Grimesby and Hotoft , and upon Trent , betwixt Burton-Stather , and Torkesey .

In 7 E. 2. to q q Pat. 7 E. 2. p. 1. m. 3. in dorso . Philip de Kime , Roger de Cubbeldyk , VValter de Friskenay and Rob. de Malberthorp , for those Banks , Ditches , and Sewers throughout this whole Province of Lindsey . The like Commission had r r Pat. 11 E. 2. p. 2. m. 4. in dorso . Thomas Wiloughby , VValter Friskenay , Robert de Malberthorpe , and Robert de Rigge , in 11 E. 2. So also in 12 E. 2. had s s Pat. 12 E. 2. p. 1. m. 4. in dorso . Simon de Chamberlayn , Gilbert de Toutheby , and Robert de Malberthorpe .

In the same 12 year of E. 2. to t t Ib. m. 17. in dorso . Roger de ●ubbeldyke , Simon le Chamberleyn , and VValt . de Friskenay , for those Banks and Sewers upon the Sea-coast , betwixt Friskenaye and Thorpe , near Waynfl●te ..

In 14 E. 2. to u u Pat. 14. E. 2. p. 2. m. 11. in dorso . Robert de Malberthorp , Simon Chamberleyn , and Thomas VVill●ghby , for those betwixt Cokhill and North cotes . In 18 E. 2. to w w Pat. 18 E. 2. p. 1. m. 13. in dorso . VValter de Friskeney , Robert de Malberthorp , Peter de Skremy and Gilbert de Toutheby , for those betwixt Grimes●y and Boston .

In 2 E. 3. the Burgesses of Grimesby , by their Peti●ion x x Esc. 2 E. 3. n. 119. to the King and his Council , did represent ; that whereas divers Ships had used , in time past , to land in that Port , with goods and several kinds of Merchandize , to the great bene●it of the said Town , and of the parts adjacent : And that the same Port , was then so choakt up with mud and filth , that they could not come in at all : Whereupon they humbly besought him , that he would grant to the said Burgesses , their h●irs and successors , for the advantage of that Town , the water of Friskeneye , near thereto , with liberty to cut a Chanel unto their Port , through the midst of a certain common of Pasture belonging to those Burgesses ; ( which Common was the said Kings soil ) to the intent that by the current thereof , the mud and other impediments might be scouted out of the said Haven . The King therefore , desiring to be certified , whether he might condescend thereunto without any damage or inconvenience to himself or any other , did assign y y Esc. 2. E. 3. n. 119. Robert de Malberthorpe , Peter de Ludyngton , and Gilbert de Toutheby to enquire thereof .

About two years after this , the Abbot of Louth parke impleaded z z Plac. coram Rege term . Pasch. 4 E. 3. rot. 82 Linc. divers of the Inhabitants of Somercotes , for stopping a certain Sewer there , with dung and earth , by which means the water overflowed two hundred Acres of his land , sowed with Corn there , and at Cokerington . Whereunto they answered , that the said Abbot had caused a certain trench , called Skiterfletdyke , to be made at Cokerington , by which trench the water went out of the before-specified Sewer , and passed to Somercotes , and drowned the lands and meadows of that Town ; and that they observing what damage accrued thereby , it being made xl years before , ●or preservation of the lands belonging to the said Abby ; did then stop it up for the safeguard of their own lands : but what determination was made therein , I find not .

In 8 E. 3. Iohn de Brenkelde , Iohn de Crosholme junior , Roger de Nevill and Robert de Grenefeld were constituted a a Pat. 8 E. 3. p. 1. m. 42. in dorso . Commissioners for the view and repair of those Banks and Sewers betwixt Burton Stather and Gaynesburgh .

In 14 E. 3. the King being informed b b Pat. 14 E. 3. p. 2. m. 40. in dorso● that there was a certain Sewer , called Calsaa , in Merskland ( within this Province of Lindsey ) which extended it self from a certain place called Herleholme , unto the Sea ; and which had been antiently made for preserving the adjacent parts against the flouds of fresh waters descending that way , was then so straightned and obstructed by divers persons inhabiting in those Towns , which do lye on each side thereof , that the water which ought to passe through it to the Sea , could not have such a current as it wont : he therefore assigned c c Pat. 14 E. 3. p. 2. m. 40. in dorso● Adam de VVelle , Iohn de Kirketon , VVill. de la Lande , and Iohn de Brynhill , his Commissioners to view the same , and to take order for the speedy clearing thereof .

In 16 E. 3. the said Adam de VVelle , Iohn de Hardreshulle , Thomas Priory of Markeby , Richard Parson of the Church of Wythurne , Iohn de Binkhull , and Iohn de Somercotes , were appointed d d Pat. 16 E. 3. p. 1. m. 29. in dorso . to view and repair the Banks , Ditches and Sewers upon the Sea-coast , in the Wapentach of Coleswath . The like appointment in 19 E. 3. had e e Pat. 19 E. 3. p. 2. m. 19. in dorso . Iohn de Wylughby , Peter de Scremby , VVill. de Lokborne and Iohn de Somercotes , for those betwixt Grimesby and Boston .

In 21 E. 3. the King being informed , f f Pat. 21 E. 3. p. 2. m. 26. in dorso that the course of the River of Wytherne , from Wytherne bridge to Herleholme , and so to Thedelbrigg ; thence to Saltflet Haven , was so choakt up with dung and filth , as also through planting of Trees on the banks thereof , by divers of the Inhabitants thereabouts ; that the lands and Tenements , of sundry persons , lying near the said River , were overflowed by the fresh waters , which could not , by reason of those obstructions , descend through that Chanel as they had formerly done : he therefore constituted g g Pat. 21 E. 3. p. 2. m. 26. in dorso Simon Fitz Rau●● Richard de Goushill , Iohn Totill of Lincolne , and Robert Totill his Commissioners to view the same , and to cause it to be enlarged to as great a bredth as it had in times past been of .

Divers Commissions likewise had divers persons , for the view of other banks and Sewers in this Province ; viz. in 23 E. 3. VVill de Friskeney , Alexander de Gibthorpe , and Hugh de Braytoft for h h Pat. 23 E. 3. p. 1. m. 31. in dorso . those near Waynflete . In 25 E. 3. Iohn de Willughby , Iohn de Orreby , Iohn de Kirkton , and others , for those betwixt i i Pat. 25 E. 3. p. 3. m. 18. in dorso . Ingoldmels and Germethorpe . So also had Gilbert de Umfravill Earl of Angos , Iohn de Sutton , Peter Bav●nt , Iohn le Druyne and Will . de Stayne , for k k Ib●d. those upon the Sea-coast , betwixt Malberthorpe and Trossethorpe .

In 26 E. 3. the said Gilbert Earl of Angos , Nich. de Cantilupe , Will . de Skipwith , Robert de Kirkeswold , and others , for l l Pat. 26 E. 3. p. 1. m. 30. ●● dorso . those betwixt Boston and Barton . In 28 E. 3. Sir Iohn de Willughby , Sir Will . de Toutheby and Sir Peter Bavent Knights , Robert de Elkyngton , and Stephan Toures , for m m Pat. 28 E. 3. ● . 1. m. 27. in dorso . those betwixt Ingel●m●●s and Grimesby .

In 30 E. 3. Will de Skipwith , Iohn de Gaunt , Adam de Wodethorpe , and Robert de Elkyngton , for n n Pat. 30 E. 3. p. 2. m. 15. in dor●o . those from Waynflete to Grimesby : and to proceed therein according to the Law and Custome of this Realm .

In 32 E. 3. upon divers complaints o o Pat. 32 E. 3. p 2. m. 16. in dor●o . then made unto the King , that there was a certain Causey , called Hildyke , which is the Kings High way from Boston towards the River Humbre , and divers banks in the Town of Sibceye so ruinous and broken , that the men of those parts suffered much damage thereby : he appointed p p Pat. 32 E. 3. p 2. m. 16. in dor●o . Simon Symeon , Iohn de Alkebarowe , Robert de Elkyngton , and Robert Malbys to enquire by the Oaths of lawful men of this Province , and of Holand , who ought to repair the same .

The next year following , Will . Ha●lay , Rob. de Elkyngton , Iohn de Hagh and Rob. Gunnays were assigned q q Pat. 33 E. 3. ● . 1. m. 14. in dorso . to view the Banks and Ditches from Saltflet Haven to Waynflet , and to cause them to be repaired where need ●equired . The like assignation r r Pat. 34 E. 3. p. 1. m. 17. in dorso . in 34 E. 3. had Peter Bavant , Will . Haulay , Rob. de Elkyngton , VVill. de Stayne and Thomas de Cumberworth for those from Anderby Haven to the Haven of Germethorpe . So likewise in 36 E. 3. had s s Pat. 36 E. 3. p. 1. m. 15. in dorso . VVill. de Huntyngfeld , VVill. de Skypwith , VVill. de Swynythwayt , and others , for t t Ib. m. 33. in dorso . those betwixt Wrangle and Grymes●y .

In 37 E. 3. Will . de Huntyngfeld , Godefrey de Foljaumbe , VVill. de Hauley , and others , were appointed u u Pat. 37 E. 3. p. 1. m. 46. in dorso . to view and repair the Banks and Sewers within the Soke of Munby .

And in 38 E. 3. VVilliam de Skipwith , G●defrey de Foljaumbe , and others , had w w Pat. 38 E. 3. p. 1. m. 8. in dorso . the like appointment for those from the Town of Wrangill to Barton upon Humbre ; and to hear and determine all things therein according to the Law and Custome of this Realm .

In 40 E. 3. upon a Writ x x Ex bund . de Brev. & R●co●dis Wall as & ● . tangentibus temp. E. 3. n. 9. of Certiorare , directed to Gilbert de Umframvill , Earl of Angos and others his associates , then Justices of Sewers in this County , touching their proceedings in a Commission directed to them for the view of the Banks and Ditches , betwixt Boston and Barton aforesaid ; and enquiry through whose default the breaches and decays therein were not repaired , they certified , that the Jurors impanelled and sworn before them , by virtue of that Commission , did upon their Oaths present y y Ibid. , that it would be much to the benefit of the North Common of Burghe near Waynflete ; and of the Tenants of the lands , Meadows , and Pastures in Wynthorpe and Ingoldmels , on the VVest part of a certain Wardyke , called D●fdyke , that there s●ould be a new Sewer made in Wyntho●pe , cont●ining in bredth xij foot by the Kin●s El● ; for the drayning of the lan● , meadow , and Pastur●s there ; viz. from a place called Nedderhowe , in Wynthorpe , u●●o a com●on High way called Ch●lg●t● ; beginning first from Nedder●owe at the lands sometime belonging to Robert Herrier of Wynthorpe , on the East and West part , and the lands of Robert the son of William Buttercake of W●nthorpe on the East part : and thence betwixt the lands of the said Rob. on both parts , to the common high way called Chelgate . And that one Floudgate should be new made and fixed athwart the same high way , by which the said Sewer might run ; whereupon a Bridge to be erected by which travailers and Carriages might securely passe too and fro : and from that Floudgate the said water to passe into an old Sewer made in Skegnes , to Whete croft gote , within that town , and thence to the main Sea .

And they said , that the quantity of the Lands , Meadows and Pastures aforesaid , which had preservation and benefit by the said Sewer , were MCLxix Acres and 1 Rode , whereof every Acre was assessed at xij ● . for making of the said Floud-gate , and bridge ; the name of every Land-hold●r and the particular number of Acres then held by him being there exprest .

In 41 E. 3. Sir Godefrey Foljaumbe , Sir Will . Croiser , and Sir Iohn D●mock Knight● , Simon Simeon , and others , were appointed z z Pa●. 41 E. ● . ● . 1. m. 19. in ●ors● . to view and repair the Banks and Sewers upon the Verge of the River of Wythom , from Marton dyke to Boston . The like a a Pat. 42 E. 3. p. 1. m. 15. in dors● . appointment in 42 E. 3. had Thomas de Ingelby , Godefrey Foljaumbe , Simon Simeon , with others , for those betwixt the Towns of Skidbroke and Humberstone . So also had b b Ibid. the said Thomas de Ingelby , Iohn Moubray , Godefrey Foljaumbe , Will . Croiser , and others , for those betwixt Boston and Stikeswald .

Several other Commissions do I find , afterwards to the like purpose ; viz. in 42 E. 3. to c c P●t. 43 E. 3. p. 1. m. 33. in dors● . the said Godefrey Foljambe , Iohn de Staf●ord , and Iohn de Nessefeld Cl●rks , Iohn de Haghe and Iohn Amery , for those from Sa●tdet haven to Waynflet .

In which year it was presented * * Ex Collect. p ●● Com●●● de Lindsey . ; that the Sewer , pas●ng on the West part of of the High Road , which drayned ●heves Creke , South lade , Northlade , Lusdyke , and Bullingbrooke Fenn , ought to be repaired by the Tenant of the Duke of Lancasters fishing in Waynflete .

In 44 E. 3. to d d Pat. 44. E. ● . p. 1. m. 33. in dorso . Richard de Rave●sere Archdeacon of Lincolne , Sir Iohn de Welle Knight , Thomas de Ingelby , and others , for those betwixt Ingoldmels and Grymesby . e e Pat. 47 E. ●● p. 1. m. 8. in dorso . In 47 E. 3. to Henry Asty , Iohn de Boys , Will . Wascelyn , and others , for those betwixt Buterwyk and Doneheved . In 48 E. 3. to f f Pat. 48 ● . ● . p. 1. m. 30. ●● dorso . the same Henry and Iohn , with Thomas de Brunham , and others , for those betwixt Gaynesourgh and Doneheved .

In 49 E. 3. to g g Pat. 49 E. 3. p. 1. m. 6. ●● dorso . Robert de Wylughby , Rob. de Crumwell , Will de Skipwith , and oth●rs , for those betwixt Skegnes and Grymesby .

In 3 R. 2. to h h Pat. 3. R. 2. p. 1. m. 44. in dorso . Sir Robert de Wylug●by , Sir Raphe de Cromwell , and Sir Will . de Skipwith Knights , Iohn de Hagh , and others , for those betwixt Skegnes and Goushull . In 4 R. 2. to i i Pat. 4 R. 2. p. 1. m. 17. in dorso . Iohn K. of Castile and Leon , Robert de Wylughby , Iohn de Welle , Raphe de Crumwelle , Will . de Skipwith , and other● , for those betwixt the Towns of Wrangell and Barton upon Humbre .

The like in 6 R. 2. to k k Pat. 6 R. ● . p 1. m. 9. in dorso . the same Iohn K. of Castile &c. Henry de Percy Earl of Northumberland , Robert de Wilughby , and others . So also to ˡ Henry Asty , Will . de VVilughby , Iohn Bussy , Iohn de Hawe , Robert de Haldanby , and others , for those betwixt Gaynes●urgh and Doneheved , upon the Verge of Trent .

In the same year to m m Ibid. Sir VVill. de Skipwith , Sir Will . de Wilughby , and Sir Raphe Paynell Knights , and others , for those betwixt the Towns of Coryngham and Frethyngham : And betwixt Gaynesburgh and Coryngham .

In 12 R. 2. to n n Pat. 12 R. 2. ● . 1. m. 13. in dorso . Iohn Markham , Gerard de Sothill , Hugh de Mitford , and others , for those betwixt Gaynesburgh and Burton Stather , on the East side of Trent ; and betwixt a certain place called Prest croft dyke and Donehed , on the West part thereof .

In 13 R. 2. to o o Pat. 13 R. 2. p. 2. m. 9. in ●orso . Sir Iohn de Welle , Sir Thomas Hungerford , and Sir VVill . Skipwith Knights , Iohn de Rochford and Iohn Hawe , for those betwixt Tedeney and Skegenay . In 15 R. 2. to p p Pat. 15. R. 2. p. 1. m. 37. in dorso . Sir Philip Spenser , Sir Henry Retteford , and Sir Iohn Powether Knights , VVill . Crosby , Iohn Hawe , VVill . Holme , and Iohn Redenesse , for those upon the coast of Humbre in the Marshes of Stallyngburgh , betwixt the Towns of Imyngham and great Cotes .

By an Inquisition * * Ex collect . praeno . Mo●●tagu ● Comi●●s de Lindsey , an. 1660. taken at Bullingbroke , before Iohn Rocheford , Iohn de la Lande , and Iohn VVallis , in the 17th year of King Rich. 2. and in the presence of Iohn Bushey high Steward of the Dutchy of Lancaster , it was found ; that the Sewer called Goodike , extending it self through the East fenne unto the Eas end , had wont and ought to be xvi foot in bredth , betwixt the banks , and in depth eight foot ; but was then stopped by a VVear which VValter de Athall , and VValter Randson had made there , North lade Sewer . for that it was not then four foot deep : and that it ought to be scoured and clensed by the said Walter and VValter , Fermours of the fishing there ; or whomsoever else should be the Fermours thereof , by the assignation and dimise of the Lords of Bus●ingbroke and Dalby , or their Bayliffs .

And it was also presented , that the Sewer called the South lade , South lade Sewer . extending from the Eastfenne aforesaid , unto the Eas end , ought and had used to be in bredth xvi foot , and in depth eight foot ; and likewise to be repaired by those Fermours as aforesaid ; but was then also stopt by those Fermours of the Fishing . And that the Banks of a third Sewer , called Lyme , Lyme S●wer . beginning at Stepinge mill , and extending it self to the Clow , betwixt Steping and Thorpe , ought to be repaired and raised higher by the Township of Thorpe : And thence to the Ease ende ( called Lusdyke ) the bank on the East side , to be repaired by the Towns of All hallows , and S. Maries , so that the water running into the said Sewers , might no way enter the Fenn .

And that the said Sewer from the Clowes of Thorpe to the Eas end , ought to be xvi foot in bredth , and eight foot in depth , being then obstructed by a VVear , which those Fermours of the Fishing had set up . And that Henry Earl of Northumberland , of right ought to repair the same Sewer from the Clowes to the Southdykehyrne , by reason that he held the Fishing there , in severalty , as belonging to his Mannour of Thorpe . And that the Lords of Bullingbroke and Dalby , or their Fermours , ought to clense the said Sewer , from Southdike hirne unto the Eas ende , because they had the fishing there in severalty .

And they likewise presented , that there was a fourth Sewer , Theviscri● Sewer . called Theviscrik , beginning in the Mosses of Friskenay , at VVilliam Barnagates , and extending it self to the Eas end , where the four streams do meet ; and that it ought to be in bredth ten foot , and dept five ; but was then also obstructed by a certain Were which the Fermours of the fishing had made ; and ought to be repaired by the said Town of Friskenay .

And that the Sewer , Eas end Sewer . called Eas end , where the four streams meet , ought to be in bredth fourty foot , and in depth fourteen to the Sea ; and repaired by the Soke of Bullingbroke , as often as need should require .

And they farther presented , that it would be requisite that a new pair of Floud-gates should be made at the Damme , in bredth xij foot , and depth according to the discretion of skilful persons : And that all the Towns within the Soke of VVapentake of Bolingbroke ; as also the towns of Wrangle , Leake , Leverton , Benington , Butterwick , Freston and Tofte , ought of right to repair , maintain , open and shut those Floud-gates , at proper times , on their own costs and chardges for ever , excepting in Timber , Iron VVork , and also VVages of Carpenters .

And to the end that all discord , betwixt those Towns , touching the repair of the said Floud-gates , might for the time to come be prevented , it was then accorded , by and between them , with the common assent aswell of the said Duke of Lancaster's Counsel , the Lord of Willughby and Abbot of Revesby , as of all other Lords and Inhabitants , or their Free-holders , dwelling in those Towns , in form following ; viz. that every of the said Townsmen , should then , at the first , levy and collect for the said repair , the fourth part of such a summ , as the same Town had antiently been assessed at to a Fifteen granted and payable to the King by the Commons of England : VVhich said summ , so levyed , to be delivered unto two discreet men , to be chosen by four , throughout all those Towns ; who should be obliged from year to year as followeth . First , two of the Soke of Bullingbroke , at the next Court of the Duke of Lancaste● , at Bullingbroke , before Michaelmasse yearly , to be held before the Steward , or his Deputy there : And two other of the Towns within the Wapentake of Skirbeck above named , to be chosen from year to year , at the said Duke's Court , next before Michaelmasse , at Wrangle , before the Steward thereof or his Deputy : which four so to be elected , to be aswell of the Tenants of the said Lord , as of the Tenants of any other Lords , according to discretion : And they to meet at Waynflete twice every year ; viz. once within a month after Easter and Michaelmasse , and then to oversee those floud-gates , and all the Sewers aforesaid ; and if any defect should be found in them , then to cause them to be repaired and amended , with all speed , according as in their discretions they should think most meet . And , that at such their meeting , after Easter , the said two , so elected for those disbursements , as aforesaid , to render their Account , before the said four , touching those common repairs , and expences .

And in 17 R. 2. to q q Pat. 17. R. 2. p. 2. m. 37. in dorso . Sir Philip Tilney Knight , Iohn de Crosby , Iohn de Rocheford of Boston , Iohn Laund of Pynchebek , Thomas de Tofte , and Iohn Waleys , for those betwixt Hildyke and Bolyngbroke ; and to hear and determine all things therein according to the Law and Custome of this Realm , ☜ and the Custome of Romeney marsh : as also to take up so many Labourers , upon competent wages , as they should think needfull for that work , considering the necessity of expedition therein .

In 19 R. 2. there was a Presentment r r Plac. cora a Rege term . Pasch. 19 R. 2. rot. 27. L●nc . made in the Kings Bench , in Easter term ( which was then held at Lincolne ) by the Jurors of divers VVape●takes in this County , that the Marshes of Est Fenne and Westfenne ; as also divers Lands , Meadows and Pastures lying in the towns of Leek , Wrangel , Fr●fkeneye and Waynflete , betwixt the waters of Wythom and Waynflete , were drowned by a great ●undation of water , so that all the Inhabitants of those towns , and of the Soke and VVapentake of Bolingbroke , did wholly lose the benefit of their lands and Marshes there , through the defect of a certain floud-gate at Waynflete , which was so narrow that the course of the waters passing that way , could not go to the Sea ; and that the town of Waynflete ought to repair that floud-gate , as antiently they had wont to do . And the said Jurors farther alleged , that the same floud-gate , was not of bredth and depth sufficient to convey the said water to the Sea ; and that it would be necessary to have another floud-gate new erected , near unto the same , of xviij foot in bredth ; and that the towns of Leek , Wranghill , Friskeney , and Waynflete , together with the Soke and VVapentake of Bolingbroke ; as also all th●se which had Common of Pasture in the said Marshes , ought to contribute to the making thereof . And that when is should be made , then the said town of Waynflete , to repair and maintain it , at their own proper costs , untill it should be necessary to make it anew , excepting timber and Iron : And they said moreover , that except this were done , both the Marshes , lands , meadows , and Pastures aforesaid , and Commons in those towns , Soke and wapentake before-specified , would wholly be lost . And they also said , that there was a certain Sewer , from Hasend at UUaynflete , unto the said Floud-gates , wherein the Duke of Lancaster and the Lord of Dalby had fishing ; who in respect thereof ought to repair and clense the same . The Shireeve thereof had command to summon all those Towns to answer this their neglect .

The next year following , the Towns of Dunham , Scothorne , Reres●y and Staynton , being presented s s Plac. coram Rege term . Mich. 20 R. 2. tot . 16. Linc● for neglecting to repair the Sewer called Fen dyke , which extends it self from the town of UUelton to Langwath ; and not denying but that they ought to maintain the same , were each of them amerc'd at xld.

In the same year the Inhabitants of Wytherin , Scrubby , UUodethorpe , Malteby , Besby , Hamby , Markeby , Billesby , Alford , UUelle , Salby , Thoresthorpe , Riggesby , and Aby , being presented t t Plac. coram Rege term . Hil. 20 R. 2. ●ot .... Linc. for not repairing the Sewer , called the South g●ist , lying betwixt Malberthorpe and Trusthorpe , which extends it self from a place called Axiltrehirne to the Sea ; and by which all the course of the water of those towns , had used of right to run to the Sea , for the safeguard of the said Towns : which said Sewers , together with the Gote , called UUall-gote , was then stopt up ; did put themselves upon the Country : the Shireeve therefore had command to summon a Jury thereupon .

In the same year also Will . Lord Wilughby , Raphe Crumwell , Philip Spenser , Robert Tirwhit and Robert Cumberworth were appointed u u Pat. 20 R. 2. p. 1. m. 12. in do●so . to view and repair the Banks and Sewers betwixt Grymesby and Waynflete ; and to do all things therein according to the Law and Custome of this Realm , and the Custome of Romney marsh . ☞ The like appointment w w Pat. 21 R. 2. p. 1. m. 6. in dorso . the next year following , had the said William , Raphe , and Philip , with Richard Muriell and Albine de Endirby for the same Banks and Sewers ; and direction to proceed therin according to the Law and Custome of the Marsh.

In which year , I find it presented , that * * Ex collect . praef. Comitis de Lindsey . the Sewer , called the Ea , ought to be repaired , from the West end thereof , unto the Sea , by VValter Athall , Fermour of the Duke of Lancaster's ●ishing , and VValter Ranson , Fermour of the Lord of Dalbye's fishing . And , that the South-west bank of Lusdyke , ought to be repaired by the village of All Saints in UUaynflete . As also that the Chanel of Lusdyke from Stordyke unto the Eas end , ought to be repaired by the same village : And that the Ea , from the VVest end thereof , unto Normandeepe , ought to be repaired by the Fermours of the fishing belonging to the said Duke , and to the Lord of Dalby .

In 1 H. 4. Henry Earl of Northumberland , Sir Will . de Wilughby , Sir Walter Pedwardyn , and Sir Iohn Rochefort Kts . Robert Tirwhit , Will . Michel , and Albine de Enderby , had Commission x x Pat. 1 H. 4. p. 4. m. 32. in dorso . for the view and repair of those Banks and Sewers betwixt Boston and Friskeney ; with power to hear and determine all things therein according to the Law and Custome of this Realm , ☜ and the Custome of Romeney marsh : and to take so many Diggers and other Labourers , upon competent wages , in respect of the great and instant necessity , as they should think requisite to be imployed in the said work .

Other Commissions of the like kind , were , shortly after , directed to sundry persons ; viz. in 6 H. 4. to y y Pat. 6 H. 4● p. 2. m. 14. VVill. de VVylughby , Iohn de Rocheford , Rob. Elkyngton , VVill. de Ludington , Thomas Somercotes , Thomas de Enderby , Iohn Symons and Robert VVhite , for those within the precincts of UUrangle , to Barton upon Humbre ; with appointment to proceed therein according to the Law and Custome of this Realm : and so likewise in 7 H. 4. to z z Pat. 7 H. 4● p. 2. m. 24. in dorso . the same VVilliam , Iohn , Albine de Enderby , VVill. de Ludington , and others .

In 9 H. 4. to a a Pat. 9 H. 4. p. 2. m. 21. in ●orso . VVill . Lord VVylughby , Sir VValter Talboys , and Sir Richard Haunserde Knights , Robert Tirwhit , Will . de Lodyngton , Will . Michel and Thomas Enderby , for those betwixt Boston and Trent .

In 10 H. 4. to b b Pat. 10 H. 4● p. 1. m. 13. 〈◊〉 dorso . Sir Will . de Wylughby , and Sir Iohn de Rocheford Knights , Will . Lodyngton , Thomas Wace , Richard de Bradlay , and Will . Boleyne , for those betwixt Boston and Skegeneys , and in divers towns and places within the Sokes of Bolyngbroke and Horncastre ; with direction to proceed therein according to the Custome of the Marsh , and the Law and antient Custome of this Realm .

In 11 H. 4. to c c Pat. 11 H. 4. p. 1. m. 3. in dorso . Robert Tirwhit , Sir Iohn Rocheford Knight , Robert Waterton , Iohn Waterton , Iohn Skipwyth , Will . Lodyngton , Richard Tournay , Richard Bradley , and Thomas Wace , for those betwixt Boston and Friskeney , and to act therein according to the Law and Custome of this Realm , and the Custome antiently used in that place . In 12 H. 4 to d d Pat. 12 H. 4. parte unica m. 41. Robert Lord Wylughby , Sir Thomas Wylughby Kt. Robert Tirwhit , Robert Waterton and others , for those betwixt Boston and UUaynflete ; with appointment to do all things therein according to the Law and Custome of this Realm : The like Commission e e Pat. 12 H. 4. parte unica m. 23. in dorso . , the same year , had Rob. Tirwhit , Sir Richard Haunsard Knight , Will . Lodyngton , Nich. Tournay , Thomas Claymond , Henry Morley , Iohn Skipwith , and Robert Feriby , for those Banks and Sewers , from Littulburgh all along the River of Trent to Humbre : and from Bishops brigges ( on the River of Ancolme ) to Humbre .

So also had * * Ex collect . praefati Comitis de Lindsey . Thomas VVace , Richard Bradley , and others , for all the Banks and Sewers throughout this whole Province of Lindsey , as also for those betwixt Boston and Friskeney : before whom ( sitting at Bullingbrooke , on Friday being the Feast day of S. Ambrose ) the Jurors presented upon Oath ; that it would be fit , for the preservation of the Eastfenne , that the Dam of Waynflete be shut throughout the whole year , that the salt water being kept out of the wash , the grasse and weeds growing therein might be totally destroyed : and to be thus stopped up , by the towns of the Wapentake of Bullingbroke , and the Inhabitants of UUrangle , Leake , Leverton , Benington , Butterwik , Freston , and Tofte , in such sort , that the water descending from the mountainous parts of Lindsey , and running into a certain Sewer called Lusdyke , in Lindsey , viz. in Thorpe , UUainflete , and Stepinge , should be so kept within the bounds of a certain trench , that it might not enter into the said Washe of the Est fenne , but keep it course to the Haven of UUaynflete , and thence to the main Sea .

In 13 H. 4. the King , by his Attorney , impleaded f f Plac. coram Rege term . Hi●● 13 H. 4. rot. 53. Linc. Will . Leveryk of Irby , and Isabell his wife , for making of a Ditch in a certain place in UUaynflet called Hall dale , by means whereof four Sewers which passed the fresh waters from Bullingbroke and other Towns adjacent , in Est fenne and UUest fenne , became obstructed , to the prejudice of the said Kings fishing there , and the overflowing of four Acres of his said land .

In 1 H. 5. Robert Tirwhit , Sir Richard Haunsard and Sir William Frank Knights , Thomas Enderby , Richard Hawe and Simon Louthe were constituted g g Pat. 1 H. 5. p. 1. m. 21. in do●so . Commissioners for the view and repair of the Banks , Sewers and Ditches , from Wytherne to the Sea , and betwixt Saltfletby , and Trusthorpe ; and to do all things therein according to the Law and Custome of the marsh . Divers other Commissions to the like purpose , were shortly after directed to sundry other persons ; viz. in 6 H. 5. to h h Pat. 6 H. 5. ● . 1. m. 21. in do●so . the same Rob. Tirwhit , Will . Lodyngton , Tho. Cumberworth , Roger Flore , Thomas Enderby , Thomas Somercotes , Iohn Kyme and Iohn Langholme , for all the Banks and Sewers in this Province of Lindsey : In which Commission they had direction to proceed according to the Law and Custome of this Realm .

In 1 H. 6. to i i Pat. 1 H. 6. p 1. m. 30. in dorso . the same Robert Tirwhit , Thomas Santone , Robert Feryby , Robert Wasselyn , Henry Morlay and Thomas Belwode , for those betwixt the Rivers of Trent and Ankholme : wherein they were to act according to the Custome of the Marsh , and the Law and Custome of the Realm . In 4 H. 6. to k k Pat. 4 H. 6. ● . 1. m. 9. in dorso . Sir Robert Wylughby , Sir Raphe Crumwell , Sir William Crumwell , and Sir Raphe Rochford Knights , Walter Talboys , Robert Tirwhyt , Iohn Kyme , Richard Hawe and Iohn Veere for all the Banks , Ditches and Sewers throughout this coast of Lindsey . In 6 H. 6. to l l Pat 6 H. 6. p. 1. m. 6. in dorso . Iohn Beaumont , Sir Will . Tirwhit Knight , Iohn Ellerker , Robert Feryby , Iohn Tourney , and others , for those betwixt Grymesby and Burton Stather .

In 9 H. 6. to m m Pat. 9 H. 6. p. 1. m. 23. in dorso . Sir Robert Wylughby , Sir Raphe Crumwell , and Sir Raphe Rocheford Knights , Iohn Ellerker , Walter Talboys , and others , for all within this whole Province of Lindsey ; with directio● and power to make Laws and Ordinances for the safeguard and preservation of the Sea-coasts and Marshes of the same , and of the adjacent parts , consonant to the Laws and Customes of Romeney marsh ; and to hear and determine of all things touching the same , according to the Law and Custome of this Realm , and the Custome of the said Marsh : As also to imprest so many Artificers and other Labourers , for that work , upon reasonable salaries , as they should deem necessary to imploy therein , considering the great and urgent necessity to hasten the same . The like Commission n n Pat. 1● H. 6. p. 1. m. 16. in ●o●so . in 11 H. 6. had the said Sir Robert Wylughby , Sir Iohn Beaumont , Sir Raphe Cromwell , and Sir Thomas Cumberworth Knights , Iames Strangways , Iohn Ellerker , and others .

In 12 H. 6. it was found Ex collect . praef. Comi●●● de Lindsey . by Inquisition , that the Haven of Waynflete ought to be repaired by the Tenants of the Duke of Lancaster , and the Lord of Dalby . And so likewise the Ea , from that bridge , which is towards the Church of All Saints , towards the Dam.

And in 15 H. 6. I find Ibid. that there was an allowance of xxijl. iiijs. ixd. for the repair of that Haven ; whereof the Lord of Dalby , for his third part , allowed vijl. viijs. iij d. and the Lord of Bullingbroke xijl. iijs. ij d. over and above Liijs. iiij d. to be paid by the Bayliff , upon agreement . At which time it was likewise presented , that the said Haven of Waynflete , from the Dam unto Lymgreynes , and thence to Norman d●epe , ought to be repaired by the Lords of Bullingbroke and Dalby .

In 17 H 6. at a Session of Sewers held at Louthe , upon Saturday next after the Feast of the Epiphany , before Richard Haghe and Iohn Langholme , with their associates , then in Commission for the view and repairs of the Banks , Ditches , and Sewers in these parts , there was a presentment o o Ex bund . de Brev. & R●cordis W●llias &c. tangenti●us . ● . 19. exhibited by the Jurors ; shewing , that it would be most profitable and necessary for the drayning and evacuation of the superfluous water , from the North Common of Wynthorpe towards the Sea , that there should be made one new and competent Sewer in that common , extending it self from Tonlond gate , in Wynthorpe , unto a certain Sew●r there , called the Old Sewere , and so descending towards the North , unto the Fee of the Dutchy of Lancaster , called Fivescore acres in Ingoldmels : thence towards the East into a certain Sewer there , called the Old Sewer , where it would be commodious and expedient , for the conduct of the superfluous water towards the Sea , to make a new Gutter in that very place , where the Chanel called the Old Gote , in Ingoldmels was , unto the said Old Sewer ; and so descending to the Fee of the Lord Wylughby and Sir Iohn Gryffith Knight , called Redelandes , in Sk●gnes ; and thence into a certain Sewer , called the Old Sewer in Skegnes , to the Sea . And that the said Sewer and Gutter , ought to be made , and afterwards repaired by all those who had lands or Tenements in the North Common of Wynthorpe , and the North Common of Skegnes , in respect of what they enjoyed in those places ; that is to say , every one according to the number of his Acres there : and by the Land-holders of Fivescore Acres , in Ingoldmels aforesaid ; viz. every man according to the number of his Acres there . The Shireeve therefore of this County , was commanded to summon all the said Land-holders , in the said places called the North Common of Wynthorpe ; and the North Common of Skegnes , and likewise in the Fivescore Acres in Ingoldmels before-mentioned , to appear before the above-mentioned Commissioners , at Louthe , upon the Monday before Palme Sunday then next ensuing , to shew what they could say for themselvs , why they ought not to make and repair those Sewers according to the form of the before-specified Presentment .

At which day Robert Etton , then the Kings Attorney , came to Louthe aforesaid ; but the said Shireeve not receiving his Precept soon enough , could not summon those Land-holders to be there as abovesaid : therefore he was required to give them warning to appear at Burwell on the Monday in Whitson week , then next following : which he did do accordingly , but none of them came : the Court therefore ordered that the before-specified Sewers and Gutter should be made & repaired by all the said Land-holders , at their own proper costs and chardges , according to the form of the same Presentment .

In 22 H. 6. Sir Robert VVylughby , Sir Leon Welles , and Sir Raphe Cromwell Kts . Robert Sheffield , Iohn Langholme , and others , were constituted p p Pat. 22 H. 6. p. 1. m. 17. in dorso . Commissioners for the view and repair of all the banks &c. in these parts of Lindsey ; and to determine all things therein according to the Custome of the Marsh till that time used and approved , and according to the Custome of this Realm .

In 24 H. 6. Iohn Viscount Beaumont , Sir Raphe Cromwell , Sir Thomas Cumberworth , and Sir VVilliam Tirwhit Knights , Iohn Tailboys , Richard Waterman , Robert Sheffield , and others , had the like Commission q q Pat. 24 H. 6. p. 2. m. 18. in dorso . for the view and repair of all the Banks , Ditches and Sewers in the Wapentakes of Yarburgh , Mauley , Coryngham , We●le , Lanres , Haslokhowe , and Walsh croft , within this Province ; and to make Laws and S●atutes proper for the same , consonant to the Laws and Customes of Romeney marsh : As also to do all things therein according to the Law and Custome of this Realm , and the Custome of that Marsh : And to take so many Labourers , upon competent wages to be imployed in the said work , as should be necessary for the same , considering the great necessity of expedition to be used therein .

Many other Commissions for the Banks and Sewers aswell throughout this whole Province as in sundry places therof , were afterwards issued out to several persons of the superiour rank , in these parts , viz. in 29 H. 6. to r r Pat. 29 H. 6. p. 1. m. 13. in dorso . Sir Robert Wylughby , Sir Leon Welles , and Sir Raphe Cromwell Knights , Richard VVelles Esquire , Iohn Taylboys , Rich. Waterton , and others , for those Banks &c. throughout this coast of Lindsey ; with direction and authority to proceed therein as abovesaid . So likewise in 31 H. 6. to s s Pat. 31 H. 6. p. 1. m. 22. in dorso . Iohn Viscount Beaumont , Sir Leon Wellys , and Sir Raphe Cromwell Knights , Iohn Tailboys , and others . As also to t t Ibid. the said Iohn and Raphe , with Sir Hugh Wythom Knight , Richard Bedyngton , and others , for those within the Precincts of Skegney , Dodyngton-Pygote , and Tyd-gote , in this County .

In 34 H. 6. to u u Pat. 34 H. 6. pa●te unica m. 23. in dorso . the said Iohn Viscount Bea●mont , Iohn Taylboys , Richard Waterton , Robert Sheffield , and others , for those in the Wapentakes of Yarburghe , Manley , Coryngham , Welle , Laures , ●aslokhowe and Walshcrofte in these parts of Lindeseye .

In 35 H. 6. to w w Pat. 35 H. 6. p. 2. m. 19. in dorso . the said Iohn , Sir Richard Welles , Lord Wylloughby , Iohn Taylboys , Robert Sheffield , Richard Benyngtone of Boston , and others , for all those throughout this whole coast .

The like Commission x x Pat. 2. E. 4. p. 1. m. ●o in do●so . in 2 E. 4. had Sir Humfrey Bourchier , Lord Cromwell , Sir William Skipwith Knight , Thomas Burghe , Thomas Blount , Iohn Whichecote , and divers others .

In 6. E 4. to y y Pat. 6 E. 4. p. 1. m. 15. in dorso . Richard Pynchebek , Richard Welby , Iohn Pynchebek , Thomas Meres , Leonard Thornburgh , and others , for those Banks and Sewers from Skegnes and Dodyngton-Pygot , to Tyddegote .

In 7 E. 4. Thomas Kyme of Friskeney , and others , had the * * Ex coll●ct . prae● . Co●itis de Lindsey . Port of Waynfl●te to ferm , with Market and Wind-mill ; as also the Court of the said Market and Haven , and fishing within the same ; paying xxl. yearly , and supporting all chardges belonging to the said Haven , Mill and fishing .

In 49 H. 6. z z Pat. 49 H. 6. parte unica m. 9. in dorso . Iohn Bishop of Lincolne , George Duke of Clarence , Richard Earl of Warwick and Salisbury , Sir Humfrey Bourchier , Lord Cromwell , Sir Gervase Clyfton , and Sir Will . Skipwith Knights , Robert Taylboys Esquire , and others , had Commission for the view and repair of all the Banks and Sewers throughout this whole Province .

The like Commission a a Pa● 12 E. 4. p. 1. m. 12. in do●so . in 12 E. 4. had Sir Richard Hastyngs , Sir Thomas Burgh , and Sir Will . Skipwith Knights , Robert Taylboys , Robert Ratclyf , and others .

So also , the same year , had b b Ibid. Thomas Prior of Spaldyng , Richard Welby , Leonard Thornburgh , Richard Pynchebeck , Iohn Bolles , Robert Dokkyng , and others , for those from Dodyngtone-Pygot to Tyd-gote ; and thence to Skegnesse .

By all which Commissions , since 6 H. 6. power was given to the persons before-mentioned and their associates , to act therein according to the Custome of Romeney Marsh , as abovesaid .

In * * Ex collect . praefari Comitis de Lindsey . 4 E. 6. VVilliam Lord VVilloughby of Parham , S●r Edward Dymok , and Sir Iohn Copeldyk Knights , George S. Poll , and others , Commissioners of Sewers , by a Decree made at Wrangle , on the first day of September , ordained ; that the Inhabitants of the Soke of Bullingbroke , together with Sir VVilliam Brereton Knight , the Lord of Dalby , and the Kings Fermour of his fishing at Waynflete , and all others drayning thereby , should clense , scour , and dyke the Haven of Waynfle●e , from the AE end unto the Sea , in bredth xxij foot at the top , and in the bottome xiij . And in depth from the Chanel downwards , three foot ; to be done before the Feast of S. Peter ad Vincula , then next following : And that a sufficient Gote or Clow , set up at the outer end of the same Haven , for stopping of the salt water out of the North part thereof , should be made there , at the costs of the Inhabitants of the said Soke , the Lord of Dalby , and the Kings Fermours of his fishing there . And moreover , that an old Gote an● Dreyner , called Symond's gote , extending in length from the deep of the East Fen , unto the Fen bank ; and from that Fen bank to the Sea , which was then decayed for lack of scouriug , should be sufficiently clensed : So likewise the Dyke and Sewer , extending from the Deep of the Fen , unto the Fen bank : Also , that there should be two Gotes made of the said Drayner and Sewer ; the one at the Fen bank , and the other at the out end of the Sea , at the costs of the Inhabitants of the said Soke , and the Inhabitants of such towns , and the Landlords therein , who had , before that time been chardged , betwixt the Fen bank and the deep of the said Fen ; and all to be done before Martinmasse then next ensuing .

And farther than this , wherein I have given instance , I shall not descend to any more particulars till the time of Queen Elizabeth , that Thomas Quadring , Hamond Upton , Thomas Marsyngberd , and others , then Commissioners c c Inquis . in capellâ Ro●ulo●●m . n. 66. of Sewers , sate at Partenay on the 22th day of Iuly in 2 of her reign , for the setling of all things touching the repair of the Banks and Ditches in this Provicne : before whom the Jurors then presented ; that there was one Sea-bank new made , in Skegnes , to begin at a place called Ranson hyrne , and to be xl falls in length , from the North end of the said Ranson hyrne towards the South ; and so to be joyned and closed unto the old bank : which said Sea-bank to be fifty foot in the skirt , fourteen foot broad on the top , and xij foot in height , and to be made by the Land-holders in Skegnes aforesaid . And they likewise , at that time presented , that the old Sea-bank ought then to be repaired for it's better withstanding the rage of the Sea . Also that another new Sea-bank should be new made , within the limits of Skegnes aforesaid , from one slaver there , w●ich goeth up the lands late belonging to Charls Duke of Suffolke , unto the South end of the Gild Hall ; which new bank to be xx falls in length , and to stretch from the said Gild-Hall to the old Bank , and be made by the said Land-holders .

Likewise , that the old Sea bank , in Skegnes , called the Haven bank , should be repaired where defect was .

Also , that Wainflet haven , being defective for want of scouring , from the Crosse , at the Eyes end into the Sea ; that being a necessary drayn for the Soke of Bullingbroke , and heretofore diked and scoured by the Inhabitants thereof ; and to be done before the Feast of S. Iohn Baptist next following . Moreover , that a place there , called Guddyke , which leadeth from the Eyes end to the Fen , be also scoured ; viz. two parts thereof by the said Queen or her Fermour for the fishing there ; and the third by the Lord of Dalby , as had been accustomed . And that a new Gote , or Clow , be set in Waynflet haven , within ten falls of Thorpe and Waynflet Sea-gote ; and a Bank on the South side of the said Haven , from the said new Gote unto the .......... and that the Inhabitants of the seven towns in Holland should be at the chardge of setting up the said new Gote , in respect of their benefit of common in the East and VVest fenns .

Also , that the Bank to be then made between the new Gote and Thorpe be done ; viz. three parts thereof at the chardges of Hamond Upton Esquire ( one of the Commissioners above-mentioned ) and the fourth at the chardges of Iohn Whiting & Rob. Whiting ; and the bank on the South side of the Haven to be don by the Soke of Bullingbroke . Likewise , that a new Gote be set at the Fen Dyke bank , to take in fresh water by it , to be done by the Inhabitants of Waynflete S. Mary : And another Gote , called Dayles gote : and another to be set fourscore falls beneath the old Sea Gote ; both to be done by the Land-holders in Waynflet S. Mary aforesaid . And that a new Cryke of xxx foot wide , and six foot deep , be made from the said new Gote unto the old Gote ; and beneath the said new Gote another new Cryke made , from the said new Gote unto the old Cryke , to be done by the Lords and Land-holders in Waynflet S. Mary : and on either side the said Cryke a sufficient Sea-Bank to keep out the flouds of water .

And they also presented , that one petty Gote should be made in Crosse gate , against nine Acres of Mr Dyghtons : and another in Westgate , against Thomas Harrysons Acre ; as also a spout in Hall gate , another in Somergate , and another in Acregate .

Likewise that a spout be made in Waynflete All Saints , over the gate on the North side of Burflet , at the chardge of the holders of the Lands which did drayn it .

And that another spout be laid at the higher end of Collyson gate , at the chardge of lands that should drayn by it . As also another between Hall toft and Richard Lowys his land , by the lands that were to drayn by it . And another against one Dyke end of Iohn Holy-days , by all the lands which should drain by it .

All which things were then decreed by the before-specified Commissioners ; and several other Orders by them made for the clensing and repairing of sundry Drayns , Sewers , and Gotes , which were then defective .

There was also in the same second year of Queen Eliza. reign , a Decree d d Ex collect . praef. Comitis de Lindsey . made in the Dutchy Court , that the Port and Haven of Waynflete , from the West end of the Eye , unto the Sea , or the place called Norman diepe , should be repaired , diked and scoured of sufficient depth and bredth , as before that time had been accustomed ; and this to be performed by the said Queen or her Fermours of her fishing at Wainflete , the heir of Sir William Brereton Kt. or his Tenants ; and by the Soke of Bullingbroke ; viz. two parts of the said Port , ●●om the said place , called the VVest end of the Eye , unto the Sea , or pla●e called Norman diepe , at the chardges of the said Queen , or her Fermours ; the heir of the said Sir William Brereton Knight , a fourth part ; and the Inhabitants of the Soke of Bullingbroke , the other fourth part .

After this , viz. 4ᵒ Aprilis Anno 1571. ( 13 Eliz. ) there was a view Ibid. taken of the fresh and salt water banks in Waynflete S. Mary , by Tho. Quadring Esq the high Shireeve of Linco●nshire , Hamond Upton Esquire , William Derby , and Anthony Kyme , and other Justices of Sewers ; at which time it was presented , f f Ibid. that the North end of a bank called the Fen dyke in Waynflete S. Maries , extending to Deacon gappe against the South in Friskeney , being in l●ngth three hundred rode , ought to be repaired by the Commoners of Waynflete S. Maries , for that the said Commoners got Reed , and did fish in two Fens adjoyning to both sides of the bank ; and because the said Commoners had bit for their Cattel in the said two Fens .

And that from the said Deacon gappe , unto the Clow called the Fen Clow , and thence unto Strange place , the said bank being in length about three miles , and in decay , so that the Inhabitants of Friskeney were thereby surrounded , ought to be repaired by the owners and Commoners as were before that time accustomed to do it .

Likewise , that Simon gote , being used as before had been accustomed , might serve for a whole Drayn , aswell for the taking away of the head of the waters out of the East fen , as for the low grounds adjoyning to the same , in Friskeney and Wrangle ; and the said low grounds in Friskeney and Wrangle , to bear such reasonable chardges in the same Drayn , as by the Bench should be thought meet .

Also that New gote in Friskenay was a sufficient Drayn for the said Town , so that it were scoured and cl●nsed , with the petty Drayns belonging thereto .

And lastly , that Waynflet S. Mary was then destitute of any Drayn ; whereupon they desired , that it might have a Drayn into Waynflet haven . All which were then decreed g g Ibid. accordin●ly .

And in a Session of Sewers held at Alford 4ᵒ Iunii 23ᵒ Caroli , there was a Decree Ex bund . Decre● . in o●ficio vocato the Petti-bag . made , that the new Sea bank of Ingoldmels should be raised and skirted to the height of Hogstrop new Sea-bank ; viz. nine foot and an half , twelve foot square , and sixty foot in the skirt , from the said Hogstrop Sea-bank to Watson's house in Ingoldmels , at the chardge of Croft , Burgh , Bratoft , Irby , Frisby , great St●eping and Gunby , the Landlords bearing three parts thereof , and the Tenants the fourth .

CAP. XXX .

Fosse dyke ON the South West side of this Province is Fosse dike , an artificial tr●nch , extending from that great Marish below the City of Lincolne , unto the River of Trent , at Torkley , which is about seven miles . This was made a a R. Hoved. p. 273. b. n. 20. by King Henry the first , in the year 1121. ( 21 H. 1. ) for the bringing up of navigable Vessels from the said River unto that City , for the Commodity thereof . Which trench , as it was of special consequence for that purpose , so did it no lesse benefit to the parts adjacent , by drayning that Fenny Levell from the standing water then much annoying it .

But this Ditch , standing in such a flat , that it had no quick current of water through it , to scour out the mud and filth , which by little and little increased therein ; it came in time to be so choakt up , that it stood in need of clensing : for supporting therefore of that chardge , certain summs of money were assessed upon those Land-holders which had benefit thereby , and Collectors appointed for the same : which Collectors converting a great part thereof to their own use , King Edward 3. in the 9th year of his reign , assigned b b Pat. 9 E. 3. p. 2. m. 29. in dorso . Adam de Lymberg , Geffrey de Edenham , Thomas de Sibethorpe , and Nicholas Belowe to enquire thereof .

What was then done therin I find not : but certain c c Pat. 39 E. 3. p. 1. m. 33. in 〈◊〉 . it is , that within thirty years after , it was grown so full of weeds and grasse , and the earth so trodden into the same , by driving of Cattel over it in se●●●● places , and the mud increased to such a thicknesse , that the Citizens of Lincolne , aswell in behalf of themselves and other Tradesmen of the City of Yorke , towns of Notingham , and Kingston upon Hull , as several other places , did in 39 E. 3. make a great complaint thereof to the King , in Parliament ; representing the damage which accrued to them thereby , in regard that ships and Boats could not passe too and fro , therein , with Merchandizes and Victuals , as they had wont to do . The said King therefore , much tendring the good of that City , and the benefit of all other persons who had occasion to passe through the same with Boats and other Vessels for their better advantage in the way of commerce and trade ; and to that ●nd being willing to apply a speedy remedy thereto , constituted Philip de Lymbury , Will . de Skipwith , Adam de Lymbergh , Illard de Usflet , Robert de Morton and Walter de Poynton , or any four , three , or two of them , to view the said Chanel and the defects thereof ; and to enquire by the Oaths of honest and lawfull men of this County , aswell within liberties as without , who they were that ought and had used to clense the same , and for how long time , and in what manner they had so done ; and to distrain them and every of them , whom they should find lyable thereto , to repair and make good those defects as often as need should require ; and to compell them thereto by amerciaments , and such other ways and means as they should think most fit : and to hear and determine of all and singular the premisses , according to the Law and Custome of this Realm .

But if these Commissioners did any thing therein , it amounted to little ; for about ten years after ( the Term being then kept at Lincolne ) the Jurors of divers VVapentakes in this County , did exhibit a Presentment d d Plac. coram R●ge de term . Mich. 49 E. 3● rot. 17. in the Court of Kings Bench ; importing , that this Chanel called Fossedike , extending it self from the River of Trent at Torksey , unto the City of Lincolne , having been antiently open and full of water , so that ships and boats , laden with Victual and other vendible Commodities , did use to passe to and from Notingham , Yorke , Kingston upon Hull , and sundry other places and Counties , by the said River of Trent , and so by this Chanel to Lincolne ; and from Lincolne to Boston , to the great benefit of the said City of Lincolne , and advantage of all Tradesmen passing that way , as also of the whole Country adjacent ; was then choakt up for want of clensing and repair . And that the Prior of Torkesey , and town of Torksey , with the members thereof ; the Prioresse of Fosse ; Iohn Bishop of Lincolne , Gilb. Earl of Angos & his Tenants , Sir Raphe Daubney Knight and his Tenants ; the Abbot of Newsum ; Iohn Frunell ● the Tenants of the lands of Gilbert de Bridshull ; the Tenants of the lands of Hugh de Normanton of Saxelbie ; the Lady Katherine Swinford ; Iohn Brett of Thornhagh , in the County of Notingham ; Sir Raphe Painell Knight , and all other the Lords of the Towns , lying on each side the said Chanell , and their Ancestors whose Lordships lay on either side and abutting on the same , every man according to the proportion lying against his own Lordship , did and ought to clense and repair the said Chanel . And they said moreover , that it had been so choakt up and obstructed , for above thirty years then last past , to the great damage of the King , as also of the whole Country , and City aforesaid .

Notwithstanding which Presentment , the King issued out a Commission e e Pat. 50 E. 3. p. 1. m. 20. in dorso . the very next ensuing year , unto Sir Michael de la Pole Knight , Mr Geffrey le Scrope , and Iohn de Stafford Clerk , to enquire touching the obstruction thereof . But I make a question whether it was thereupon clensed : for in 8 R. 2. ( which was about nine years after ) I find that Iohn Duke of Lancaster , Iohn Bishop of Lincolne , Henry Percy Earl of Northumberland , Sir Michael de la Pole Knight , Sir Philip Darcy Knight , and others , were appointed Pat. 8 R. 2. p. 1. m. 33. in dorso . by the said King , to cause it to be repaired and scoured , so that ships and boats might have a clear passage through it , as antiently they had used .

CAP. XXXI . The Marshes on Withom .

ON the South side of this Province , lyeth the River of Witham , extending it self from the Suburb of Lincolne to Boston ; by which stream great Vessels have antiently come up from Boston to that City , as the Inhabitants thereof do , by tradition , affirm ; and as may seem by large ribs of them , which , within memory , have been there dig'd up : But the descent of this stream , from the said City to the Sea , is so little , that the water having a slow passage , cannot keep it wide and deep enough , either for navigation , or drayning of the adjacent Marshes , without the frequent helps of digging and clearing the same ; the mud and weeds increasing so much therein : I shall therefore in the next place take notice of what I have met with , tending to that purpose , as also of it's course above that City : whereof the first mention that I find , is in 6 E. 3. Henry de Fienton , Will . Dysney , and Thomas de Sibthorpe being then constituted * * P●t. 6 E. 3. p. 2. m. 27. in dorso . the Kings Commissioners , for the viewing thereo● , betwixt the Town of Bekingham and the City of Lincolne ; it being turned out of it's right Chanel in sundry places ; and so obstructed with sand , mud , and plantation of Trees ; as also by Floud-gates , Sluses , Mills , Causeys and Ditches , that the course of the same being hindred , caused frequent inundations to the lands adjacent .

After this , viz. in 37 E. 3. there was a Presentment a a Ex bund . de Brev. & R●cordi● Wallias &c. tangentibus● n. 7. exhibited to Iohn de Repynghale and H. Asty , then the said Kings Commissioners of Sewers , sitting at Newerk , upon Monday next after the Feast of S. Laurence , for the view of the said River of Withom , and removing all obstructions and impediments , wherby the free current thereof , from the Town of Claypole unto the said City of Lincolne , was hindred .

VVhich Presentment being made by the Jurors for the Wapentakes of Boby and Graffow , importeth ; that the East Mill at Bracebrigge , belonging to the Knights Hospitalars of S. Iohn of Ierusalem in England , standing in the right course of that River , did obstruct the current thereof , to the great damage of the said King and the Country ; and that this was through the default of those Knights Hospitalars : And they farther said , that the same River then had not sufficient depth nor bredth , from the Sheep-cote belonging to the Prior of S. Katherines unto the bridge at Bracebrigge ; and that the said Knights Hospitalars had certain Floud-gates ther● , which did turn the right course of that River out of it's proper Chanel : whereupon the Shireeve of Lincolnshire was commanded to summon the Prior of the said Hospital of S. Iohn of Ierusalem , to appear before those Commissioners , at Newerk , the Wednesday next after the Feast of the Assumption of the blessed Virgin , then next ensuing , to answer to these particulars . Who appearing , accordingly , did allege ; that he and his Predecessors had been seized of the said Mill time out of mind , as in the right of their House ; and that the said Mill then stood as it had antiently used to do , without that , that either he or his Predecessors had built any new Mill there ; and that this he was ready to justifie . And as to the Floud-gates , he said ; that it was erected there , time out of mind , with this Order ; viz. that the Gates thereof should be yearly removed from the Feast day of S. Elene , in the month of May , unto the Feast day of the Exaltation of the Holy Crosse ; but that after that day , untill the Feast of S. Elene , they should stand in their places . And if the said River of Withom should happen , upon any occasion , to be so much raised , as to be above a certain stake , standing on the South side of the said Floudgates , then the same Gates to be removed , untill the water should abate to the height of that stake : which said stake had been there made and placed , for a gage , time out of mind ; without that , that any Floud-gates were raised higher than that stake , or that the same Floud-gates ought to be removed .

The businesse therefore being come to this issue , the said Commissioners sitting at Carleton in Moreland , on Friday next after the Feast of S. Iohn Baptist , in the year abovesaid , it was found by a verdict of the Jurors , that the said Prior of S. Iohns , and his Predecessors , were not seized of the said Mill and Floud-gates time out of mind , as had been before alleged ; but that they were erected there after that time , though not by the said Prior : therefore it was decreed , that the said Mill and Floud-gates should be removed ; and the Shireeve of Lincolnshire had command to remove them accordingly , and to make certificate of his doings therein to the said Commissioners , at Sleford .

And about two years after this , there was a Presentment a a Plac. cora● . Rege term Mich. 49 E. ●o● 43. Linc. made in the Court of Kings Bench , that the Chanel of this Riv●r , in Wildemore , neer Coningesby , was bending and defective , betwixt the said River and a Sewer called Muardyke , in Coningesby , so that the Marshes of Wildemore and Bolingbroke were overflowed and drowned thereby : and that this was through the default of the said Town of Coningesby who ought to repair the same .

In 1 R 2. William de Skipwith● Raphe de Threske , William Vincent and William de Candelesby were constituted b b Pat. 1. R. ●● p. 2. m. 24. in dorso . Commissioners for to view the defects in repair of a certain Ditch , lying betwixt Snartford bridge , and the before-specified River of Wythom ; and to enquire who ought to repair the same . And in 6 R. 2. the King being informed c c Pat. 6. R. 2. p. 1. m. 1. in do●so . , that the said River of Wythom ; d d Pat. 6. R. 2. p. 1. m. 1. in do●so . as also that of Brant , and certain Ditches and places , whereby divers waters in the County of No●ingham and this of Lincolne , did and had used to run from the Town of Cleypole , and so down by Lincolne , unto the same River of Wythom , were so choaked up with mud , and obstructed with the planting of Trees , that , by reason thereof , and of certain Floud-gates , the current of the said water being hindred , the lands , meadows and pastures of divers persons , had been very often overflowed , and did at that time so continue ; he assigned Iohn Bussy , Henry Asty , Thomas Claymond , and others , to view the same , and to make the said Chanels and Ditches larger , so that they might be xl or xxx foot wide , betwixt the Banks , and ten foot in depth .

The like assignation e e Pat. 18 R. 2. p. 2. m. 14. in dorso . had William de Crosseby , Iohn de Rocheford of Boston , Iohn de la Launde of Pynchebek , Thomas de Tofte , and Iohn Waleys in 18 R. 2. for the view and repair of those Banks and Sewers betwixt Hill dyke and Bullingbroke , and betwixt this River of Wythom and the Sea ; and to do all things therein , according to the Law and Custome of this Realm , and according to the Custome of Romeney marsh : ☞ As also to take so many Diggers and Labourers , upon competent salaries , in regard of the then urgent necessity , as should be sufficient to accomplish that work . So also in 3 H. 5. had f f Pat. 3 H. 5. p. 1. m. 17. in dorso . Sir Robert de Wylughby and Sir Thomas de Wylughby Knights , Iohn Cokayn , William de Lodyngton , Iames Strangways , and others , for all the Banks and Ditches from this River to the Sea ; and to proceed therein according to the Law and Custome of this Realm .

CAP. XXXII . Observations touching the whole Great Levell .

HAving now done with all the Marshes situate within the Province of Lindsey , in this County ; and continning still my course South-East wards , I come next to that Great Levell , which extendeth it self from about Halton & Toynton in Lincolnshire , through a good part of six Counties , viz. Lincolne , Norfolk , Suffolk , Cambridge , Huntendon , and Northampton ; being in length no lesse than Lx miles ; and in bredth , from Peterborough in Northamptonshire , to Brandon in Suffolk , neer fourty miles : all which , excepting the Isle of Ely , and some few places of that Kind ; as also Holland in Lincolnshire , and Marshland in Norfolk ( both which have been long ago , by great industry gained from the Sea , as I shall clearly shew by and by● were for the space of many ages , untill of late years , a vast and deep Fen , affording little benefit to the Realm , other than Fish or Fowl , with overmuch harbour to a rude , and almost barbarous , sort of lazy and beggerly people .

But before I begin to manifest how and by what means the drayning & improvment thereof hath been accomplished , it will be proper ( I conceive ) to shew , 1. First what this large and spacious tract originally was . 2. Next how it came to be overflowed by the Sea . 3. How Holland and Marshland were first gained from the Sea . 4. How the main Levell , before-mentioned , came first to be a Fen. 5. The rise , course , and outfalls of the several Rivers passing through it . 6. How those their outfalls became obstructed . 7. The vast extent , and great depth of the fresh waters , occasioned by these obstructions of their out-falls .

What this great Levell was at first .

THat this vast levell was , at first , a firm dry land , and not annoyed with any extraordinary inundation from the Sea , or stagnation of the fresh waters , I shall now endeavour to manifest ; which may , perhaps , seem strange to many : but when it is well considered , that Timber-trees will not grow and thrive where water , for the most part , stands ; or in Moor , which by tract of time is bred and increased in such moist places , both the one and the other may with much probability be granted . The casebeing then thus stated , it nowremains for me to prove , that such have heretofore been bred , and prospered in sundry parts of this now Fenny Country : which is no hard matter to do , divers persons , yet living being able to testifie , that in the late digging of those Chanels an● Drayns , as have been made for the exsiccation thereof , great numbers of such Trees , of several kinds , have been found ; most of Oak and Firr , and few of them severed from their Roots : but of such as be so severed , the Roots are observed to stand in the firm earth below the Moor ; of which sort I my self have seen some , that were taken up in the Fens neer Thorney ; and have had credible information of multitudes found in other places ; whereof some were digg'd up , at the cutting of that large Chanel , called Downham Ea , which extendeth it self from Salters lode , about four miles Northwards , towards Linne .

Moreover , in Marshland , about a mile VVestward from Magdalen bridge , at the setting down of a Sluse , very lately , there was discovered at xvij foot deep , divers Furze bushes , as also Nut-trees , pressed flat down , with Nuts sound and firm lying by them ; the bushes and Trees standing in solid earth , below the silt , which hath been brought up by the inundations of the Sea , and in time raised to that great thicknesse . Add hereunto what I have already observed in the Isle of Axholme , touching the Trees of Oak and Firr found in such great numbers , at the making of those Ditches and Sewers for drayning of that Fenn : which , though it lye not contiguous to this , out of all doubt is on the like levell , and was apparently a woody Country at the first . To give farther instance , therefore , to demonstrate so evident a truth , there will be no need ; so that I shall hence proceed , and in the next place manifest upon what occasion this great alteration grew .

CAP. XXXIII . How it became overflowed by the Sea .

GRanting therefore , that this Country , though lying flat and low , was not originally annoyed with the inundations of the Ocean , or any stop of the fresh waters , which might by overflowing and drowning make it fenny ; and considering the situation thereof to be such , as that it is bounded on all parts by the high lands , in the form of an Horshoo , excepting towards the Sea , from that point of land , about Hunstanton in Norfolk , to Wynthorpe in Lincolnshire , which maketh it much like unto a Bay ; I am now to demonstrate by what means it came to passe , that the Ocean , at first , brake into it with such violence , as that the woods then standing throughout the same , became turned up by the roots ; and so great a proportion of silt brought in , as not only for divers miles , next towards the Sea , did cover the ground to an extraordinary depth ( as I shall plainly shew anon ) but even to the remotest parts on the verge of the High lands , as is apparent from that discovery made of late years , at the skirt of Conington down in Huntendonshire ; where , upon making of a pool , by the famous Sir Robert Cotton Baronet , he found the skeliton of a large Sea-fish ( neer xx foot long , as was then conjectured ) lying in perfect silt , above six foot below the superficies of the ground , and as much above the present Levell of the Fen ; which , by so long a continuance in that kind of earth , was petrified , as is evident from divers of the bones , both of the back and other parts , which are still preserved by Sir Thomas Cotton Baronet , his worthy son , amongst other extraordinary rarities , that were collected by that learned person .

But when and by what means that violent breach and inundation of the Sea was first made into this Country , I am not able positively to affirm : therefore I must take leave to deliver my conjecture therein , from the most rational probabilities : VVhich is , that it was by some great Earthquake , for , that such dreadful accidents have occasioned the like , we have unquestionable testimony .

Coss. Valentiniano & Valente ( saith the tripartite a a Lib. 7. c. xv . History ) terrae motus factus multas diruit Civitates , An. Christi CCCL●viij . sed etiam mare terminos proprios mutavit ; & in quibusdam locis in tantum ibi fluxit , ut loca quae pridem ambulari poterant , remigarentur ; ab aliis verò locis tantum recessit , ut arida tellus inveniretur . In the time of the Consulship of Valentinian and Valens , there was an Earthquake , which not only overthrew divers Cities , but altred the very bounds of the Sea ; which so flowed in some parts , that men might sayl in those places , where before they did walk ; and forsook other , that they became dry land . The like relation of the same Earthquake , but somewhat more largely , doth Ammianus b b Lib. 26. Marcellinus make . And to the like purpose also is that of Ovid c c Ovid. Meta. lib. xv . .

Vidi ego quod fuerat quondam solldissema tellus Esse fretum , vidi factas ex aequore torras , Et procul à pelago Conchae jacuere marinae ; Et vetus inventa est in montibus anchor a summis . Quodque fuit campus , vallem decursus aquarum Fecit , & eluvie mons est deductus in aequor , Eque paludosa siccis humus aret arenis .

Thus translated into English by G. Sandis .

Where once was solid land Seas have I seen , And solid land where once deep Seas have been ; Shells far from Sea , like Quarries in the ground , And Anchors have in Mountain tops been found . Torrents have made a valley of a plant , High hills by De●uges born to the main , Deep standing Lakes suckt dry by thirsty sand , And on ●ate thirsty Earth now Lakes do stand .

VVho would imagine , that the City of Gant , in Flanders , had been an Haven town ? yet that so it was , about DCCC . years since , appeareth in the life of Charls the great , written by the d d Hist. Franc. t. 2. f. 48. learned Du Chesne . So likewise S. Omers , as Ortelius e e In theatro Orbis . testifieth : S. Audomari oppidum ( saith he ) olim fuisse Oceani portum , atque sinum maris latissimum , vel praealta littora , quae ipsam Civitatem quasi cingunt , demonstrant , aliaque innumera argumenta , & antiquitatis vestigia &c. That S. Omers was a Sea port , and an ample harbour , aswell the high shore , which as it were compasseth that City , as also a multitude of other arguments and badges of antiquity do manifest .

Neither do we want examples here , in some parts of England , of this kind ; Ratesborough , otherwise called Richborow , in Kent ( sometime a Colony of the Romans ) was , or ever the River of Sture did turn his botome , or old Canale , within the Isle of Thanet ( as Leland f f Lel. col . vol. 3. p. 138. affirmeth ) and by likelihood the main Sea came to the very foot of the Castle ; but now it is off from it a mile , by reason of the wose , that hath there swollen it up .

g g Ib. s. 141. So also Lymme hill , or Lyme , was sometime a Haven and good for ships , that might come to the foot of the hill . And Rumney ( four miles distant from Lymme hill ) one of the Cinque Ports , hath been a meetly good Haven , insomuch ( saith h h Ibid. p. 142. the same Leland , who lived in King Henry the 8th's time ) as within remembrance of men , ships have come up hard to the Town , and cast anchor in one of the Church-yards ; but is now two miles from the Town ; which is so sore decayed thereby , that were there were three great Parishes and Churches , sometime , there is now scant one well maintained .

And concerning Eye , in Suffolk , it is not a little observable , what he likewise expresseth ; viz. that * * Le● . col . vol● 3. p. ●4 . it should seem antiently to have been , in a manner totally encompassed with waters ; Eye in our old English signifying an Island : but now ( saith he ) there is no such store , though it be a moist place , especially in the winter season ; which manifestly sheweth , that it was heretofore● a standing Fen. Adding , that in old time Barges came up thither from the Haven of Chromar , or some Creek neer unto it ; there having been found by the Monks of Eye , in scouring of their Ditches , large Rudders , done over with pitch ; as also Barge-nailes with other naval Instruments , though then no Vessels came neerer to it than Burstan , which is xij miles distant .

And as some places have got from the Sea , so some other have lost , as may seem by Skegnesse in Lincolnshire , which was i i Ib. p. ●04 . heretofore a great Haven Town ( as the before-specified Author relateth ) and walled , having a Castle ; but the old Town is clean consumed and eaten up of the Sea . Not unapplicable hereunto is therefore that of the k k Ovid. Metam● lib. 8. Poet.

Haud procul hinc stagnum tellus habitabilis olim , Nunc celebres mergis fulicisque palustribus undae . Hard by a Lake once habitable ground , Where Coots and fishing Cormorants abound .

CAP. XXXIV . How Holland and Marshland were first gained from the Sea .

BUT though the Sea , by some such strange accident , made that irruption into those parts ; yet did not the tides , for any long continuance of time , flow wholly over it ( as I presume : ) for most evident it is ; that as all flouds , do from the muddiness of their streams , leave on the Verges of their quickest currents , a sandy settlement ; so by these dayly fluxes , did a vast proportion of silt fix and settle somewhat within the mouth of this Bay ; which silt , in tract of time , increased to such a height , as that it exceeded the ordinary flowings of that watry Element ; and thereby checking the usuall tides , got ground so fast upon the Ocean ( as it is the nature of most places to do , where the Sea hath any stop ) that those active and industrious people , the Romans , who made all use of art and skill to the advancement of their profit , finding the soyl , thus raised above the usuall tides , to be much more rich and fertile than any upland ground , bestowed the pains and cost to raise strong banks of earth , on that side towards the Ocean , to defend it from the overflowing of the Spring-tides , which commonly happen about xx or xxx times in the revolution of one year ; and some much higher than other , through the power of the North east winds ; by which means the Counties of Holland and Marshland were thus won and gained . For that this was a work of the Romans , that expression of Tacitus l l In vitâ Agricolae . , whereof I have taken notice in my discourse concerning Romeney marsh , doth not only imply ; but the coyns found in those parts , with the large heaps of earth still to be seen there ( which without all doubt were raised for Monuments of some eminent military persons , whilst their Colonies remained in this Nation ) do more than probably shew .

I cannot deny but that our Ancestors , the Saxons , made use of this way of sepulture ; Saxones gens Christi ignari , in hortis amaenis , si domi fortè aegroti moriebantur ; si foris au● bello occisi , in aegestis per campos terrae tumulis , quos Burgos appellabant , sepulti sunt , saith Leland . The Saxons a Heathen people , if by reason of sicknesse they dyed at home , were buried in their Gardens ; but if abroad and slain in warr , then in the fields , under heaps of earth , which they called Burrows . So likewise the Danes ( once Masters of this Realm for awhi●e ) as Adolphus Cyprius testifieth m m In Annal. Sl●swic . ; Danos olim , in memoriam Regum & heroum , ex terrâ coacervatâ ingentes moles , montium instar eminentes erexisse , credibile omnino & probabile est ( saith he ) atque illis in locis , ut plurimum quo homines commearant , atque iter haberent , ut in viis publicis , quo posteritati memoriam conservarent , & quodamodo immortalitati mandarent . That the Danes antiently , in memory of their Kings and Nobles , did raise exceeding great heaps of earth , cast up together , like unto hills , is both credible and probable ; and for the most part in places where people travelled , whereby they might perpetuate their memory to posterity , and in some sort make them immortal .

But that these were rather of the Romans erection , I do most incline to believe ; partly in respect that they were the most likely persons for their ingenuity , experience and industry , to gain these Countries from the Sea . Next by reason that many of their Coyns have been found there : and lastly because so many of those Tumuli , of a very great magnitude , are still to be seen ; it being n n T●citus in ●●tâ A●ricolae . the Custome of the Romans so to interr , as is confirmed to us by an eminent Historian , from the practice of Germanicus , who thus disposed of the unburied bones of the slain Souldiers of Varus ( whereof I have , at large , elswhere o o An●iq . of Warwicksh . i●lustr . , taken notice ; ) as also from that passage in Lucan — Et Regum Cineres excelso monte quiescunt .

Nor doth it a little conduce to the proof hereof , that there have been divers Urnes p p One on the North side of Wisbeche , another about Prakirk . dig'd up of late years , in the cutting of some drains through the adjacent Fens : So likewise in a place called Ford Ea ( neer Sotham within the Isle of Ely ) wherein were found q q In an. 1658. burnt bones , ashes , and coles ; all which are undoubted testimonies , that some of their Colonies had residence in these parts .

Touching which kind of Urne Buriall see farther in that excellent discourse of the learned Dr Tho. Brown of Norwich , printed at London in An. 1658. from whom I acknowledge to have received much direction for my better guidance in this present work .

Neither is that long Causey made of gravell , of about three foot in thicknesse , and sixty foot broad ( now covered with the Moor , in some places three , and in some others five foot thick ) which ex●endeth it self from Denver in Norfolke ( neer Salters lode ) over the great wash , to Charke ; thence to March Plantwater and Eldernell , and so to Peterborongh , in length about xxiiij miles , likely to be any other than a Roman work , as may seem from the words of Herodian Lib. 3. in the life of Severus the Emperour ; where taking notice how hardy and warlike a people the Britans were , and of their expertnesse in swimming , he saith — Sed inprimis tamen curae habuit pontibus occupare paludes , ut stare in tuto milites , facile per eas discurrere possent , atque in solido praeliari ; siquidem pleraque loca , frequentibus Oceani alluvionibus paludescunt : per eas igitur paludes barbari ipsi natant &c. He therefore ( viz. Severus ) first took care to make Causeys over the Fenns , that his Souldiers might stand on firm ground , and with ease passing over them , fight on the dry land ; there being many places Fenny , by reason of the frequent inundations of the Sea , over which those barbarous people did swim .

CAP. XXXV . How the main Levell came first to be a Fenn .

BY what hath been said , it being evident enough , that those Counties of Holland and Marshland were first the gift of the Sea , and afterwards defended with strong banks made by the industry of the Romans ; it would therefore not be improper for me to go on , and shew with what care and cost , as also by what means those Banks , so made for their safeguard and preservation , have been for many ages supported and maintained till this present : but because I conceive it may better conduce to the more perspicuous carrying on of my story , to shew how that spacious Levell , lying Southwards towards the continent , and bounded with the high land ( as I have already observed ) came at first to be a Fenny Lake , and then increased , by tract of time , in depth , I shall reserve what I have to say touching the repair and strengthening of those banks , till I speak of the attempts and endeavours , which have in several ages been made , for the gaining or improving of the sundry parts thereof , by the skill and labour of the Inhabitants and borderers , or any other who have been Adventurers in those work .

CAP. XXXVI . Of the rise , course , and out-falls of the several Rivers passing through it .

AND now , in order to this demonstration , being to consider , that there are divers Rivers , which rising in the adjacent high-land Countries , have their issues to the Sea through several parts of this vast Levell ; I am next to take notice which those Rivers are ; whence they come ; and where they have their out-falls . First therefore I shall begin with Grant , whence Cambridge ( antiently called Grantbrigge ) took it's name .

Grant . This , having it's original about Ashwell in Hartfordshire , bringing with it the down-falls of part of that Country , and part of Essex , passeth through Cambridgshire ; and at 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 .

Ouse . 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 , 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 ●ock , wherewith the greatest part of South Holland and UUisbeche ( which have made Banks against the same ) are afflicted .

Weland . 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 , 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 , Glen . being the least River of all the rest , serveth almost to none other use , but to carry away so much of its own water , with the rill descending from Burne , as can be kept between two defensible banks , by which it is carryed through the fenns into Pinchbek ; The bottome of this River being for the most part higher than the fenny grounds by which it passeth ; And therefore can be no drayn for the same , except the out-fall under Surflete , towards Fossedike , were recovered .

CAP. XXXVII . How those their out-falls became obstructed .

HAving thus described the rise , course , and out-falls of these several streams , I now come to the cause and occasion of their inundation and drowning of this great level ; Whereby , instead of the benefit which it might receive from their overflowings , in case they had enjoyed their free and naturall passages and out-falls , it hath been made , for the most part , for divers ages , a most unhealthy stagnation of waters , yielding no considerable profit to the Inhabitants , or those that border upon it . That the obstruction , which the before specified Rivers hath had in passing out freely , to the Sea , hath been the only cause of those inundations and drownings already spoken of , is apparent enough : I shall therefore , in the next place make manifest what it is that hath thus stopped and choakt up these their out-falls .

Whosoever hath observed the constant tides , which flow up the River of Ouse , at Lynne , will find the water alwayes very thick and muddy there ; because the Sea bearing a large bredth Northwards from thence , worketh with so much distemper : It is no wonder therefore , that a great proportion of silt doth dayly settle in the mouth of that ostiarie , and likewise in the other ; viz. Of Wisbeche , Spalding and Boston , so that in time it could not but grow to that thicknesse ; without some artificial helpes to quicken the current , upon its evacuation at every ebbe , whereby it might be carried out again ; that it must needs force back the fresh waters , and cause them not only to overflow , but at length to drown the whole levell , through which their streames did passe . And this we see apparently was the case here : for to such an height is the silt grown , that in the year 1635. upon the deeping of s s Relation touching the Fens , published by Andrew Burrel an. 1642. p. 2. Wisbeche River , the VVorkmen at eight foot below the then bottome therof , came to another bottome , which was stony ; and in it at several distances , found seven Boats , that had lyen there overwhelmed with the silt for many ages .

So likewise at Salters lode , at the digging of a foundation for the Sasse , which was there set up ( of late years ) by the Adventurers in that great work of the present drayning , the silt was observed to be ten foot deep ; and next below that , three foot thicknesse of firm Moor ; then blewish gault , which the workmen judged to have been silt originally ; because being dry , it not only crumbled like it , but had the Roots of Reeds in it : then below it , moor of three foot thicknesse , much firmer and clearer than the other ; and lastly whitish Clay , which is supposed to have been the very natural and bottome soyl at the first , before those changes hapned , either from the alteration of the course of the Sea , or choaking up these out-falls , as I have already shewed .

Add hereunto what likewise hath , of late years been observed at Witlesey , in the casting of those Moats by Mr. Underwood , for the fencing in of his new plantation of fruit Trees ; viz. that digging through the Moor at eight foot deep , they came to a perfect soil , and swaths of grasse lying thereon as they were first mowed : which clearly manifests , that some great Land-floud , many ages since , meeting with an obstruction at the natural Ostiaries towards the Sea , by reason of much silt , which after a long drouth had choakt them up , did then spread it self over the face of the whole Levell ; and that the waters , till this general drayning , ever since covering the same , have produced a moor now grown to this thicknesse .

And moreover , that at the setting down of Skyrbeck Sluse , neer Boston , there was found at xvi foot deep , covered with silt , a Smiths forge , and all the tooles thereunto belonging , with Horshoos and other things made of Iron , as some that saw it have affirmed to me .

CAP. XXXVIII . Of the vast extent and great depth of the fresh waters , occasioned by these obstructions of their out-falls .

TO manifest this , though there needdeth nothing more than the ocular view of the whole Levell , and the observation to what a depth the Moor is increased , which is meerly grown from the long stagnation of the waters , it being found in some places ten , in some twelve , and in some fourteen or fifteen foot deep ( nay four foot higher than the Levell of Marshland , ) yet will I exhibit divers evident testimonies thereof , from several undoubted authorities ; therewithall discovering some notable pieces of story , which being not commonly known to the world , may not ( I presume ) seem tedious to any Reader .

In regione Gyrviorum est nobile Mona● sterium &c. In the Country of the Gyrvi , ( saith the Register of Peterborough ) there is a famous Monastery , t t In bibl . Cotton . sub ●f f●●e Othonis A. 16. f● 2● . b. heretofore called Medeshamstede , but now usually Burch : the Gyrvii being those which inhabit neer the Fenns : because Gyr in English , is the same as profunda pa●us ( a deep Fen ) in the Latine : For by the inundation and overflowing of the Rivers , the water , standing upon the levell ground , maketh a deep Lake , and so rendreth it uninhabitable , excepting in some high places , which God of purpose raised ( as may be thought ) to be habitations for his servants , who chose to dwell there : For in such places , within the Fen do thoy ( viz. the Monks ) of Ram●sey , Thorney , Crouland , and many other reside , to which there is no accesse but by navigable Vessels , except unto Ramesey , by a Causey , raised with much labour on the one side thereof . Within the same Precincts also is Ely placed , being an Island , seven miles in length , and as much in bredth , containing in it self , xxij towns , compassed on every side with Fenns and waters ; and whereunto there are only three Causeys .

Having thus at Peterborough , made my entrance into this vast Fenn , my next observation thereof shall be at Crouland the horrour of which place is lively represented in the story of S. Guthlake , a devout Hermite ; who many ages since chose it for his retirement .

There is in the middle part of Britain ( saith the Writer of that Saints life ) a hideous Fen of a huge bignesse ; u u Ex MS. cod . de vitâ S. Guthlaci in bib . Cotto● . sub e●fig●e Neronis C. 7. which , beginning at the Banks of the River Gronte , not far from a Castle bearing that name , extends it self from the South to the North , in a very long tract , even to the Sea ; oft-times clouded mith moist and dark vapours ; having within it divers Islands and woods , as also crooked and winding Rivers . Whe● therefore that man of ble●●ed memory , Guthlac , had found out the desart places of this vast Wildernesse , and by Gods assistance had passed through them ; he enquired of the Borderers what they knew thereof ; who relating several things of it's dreadfulnesse and solitude ; there stood up one amongst them , called Tatwine , who affirmed that he knew a certain Island , in the more remote and secret parts thereof , which many had attempted to inhabite , but could not for the strange and uncouth Monsters and several terrors wherewith they were affrighted . Whereupon S. Guthlac , earnestly intreated , that he would shew him that place : Tatwine therefore yielding to the request of this holy man , taking a Fishers boat ( Christ being his guide , through the intricacies of this darksome Fen ) passed thereunto ; it being called Cruland , and situate in the midst of the Lake , but in respect of it's desartnesse , formerly known to very few : for no Country man , before that devout servant of Christ S. Guthlac , could endure to dwell in it , by reason that such apparitions of Devils were so frequently seen there .

Not long after , S. Guthlake , being awake in the night time , betwixt his hours of prayer , as he was accustomed ; of a sudden he discerned all his Cell to be full of black troops of unclean Spirits , which crept in under the Dore , as also at chinks and holes ; and coming both o●t of the Sky , and from the earth , filled the Ayr as it were with dark Clouds . In their looks they were cruell , and of form terrible ; having great heads , long necks , lean faces , pale countenances , ill-favoured beards , rough ears , wrinkled foreheads , fierce eyes , stinking mouths , teeth like Horses , spitting fire out of their throats , crooked jaws , broad lips , loud voices , burnt hair , great cheeks , high breasts , rugged thighs , bunched knees , bended leggs , swolen ankles , preposterous feet , open mouths , and hoarse cries ; who with such mighty shrikes were heard to roar , that they filled almost the whole distance from heaven with their bellowing noyses : And by and by rushing into the house , first bound the holy ma● , then drew him out of his Cell , and cast him over head and ears into the dirty Fen ; and having so done carryed him through the most rough and troublesome parts thereof ; drawing him amongst ●rambles and briers , for the tearing of his limbs .

CAP. XXXIX .

FRom Crouland I come to Ely , an Island situate in the main body of this Fen ; concerning which I have met with sundry memorable passages , that do notably set forth the vastnesse and depth of the waters , which did environ it many years since ; whereof I shall give instance as they hapned in order of time .

That this Island was made choice of for a place of voluntary retirement , by those who out of great piety , forsaking the vanities of this transi●ory world , be●ook themselves wholly to the service of God , in devout prayers , frequent watchings , and strict abstinence , I need not go about to manifest in particulars ; it being so clear a truth , evidenced unto us from all antiquity , that such persons did sever themselves in the like kind from the world , to the end that they might with the lesse disturbance apply themselves to those religious and holy duties ; S. Hierom , in his Epistle to Rusticus , telling us , Praecipui inventores & cultores Monachatus , fuerunt filii Prophetarum in veteri te●●amento , qui aedificabant casulas propè fluenta Jordanis , & turbis & urbibus derelictis , polenta & herbis agrestibus victitabant . That the principal beginners and lovers of a Monastique life , were the Sons of the Prophets in the old Testament , who left the towns and conversation with people , to the end that they might feed upon coarse bread and herbs of the field ; and built themselves Cotages neer the stream of the River of Jordan .

And though this was a special reason why these pious Votaries first se●led in this Island , as a place of so great retirment and solitude ; yet was there another , viz. the conveniency of Fish , that being the chief part of their food : for after the Rule of S. Benedict became to be taken notice of in the Christian world , which forbad the eating of flesh to any of those Monks , it had so high an esteem , that not only all the Monasteries then in being in this Realm , did with great reverence entertain it ; but such as were erected for divers ages afterwards , were of no other order .

As to the erection of this , I shall only give a brief touch , with the occasion ; in regard it was in so great veneration whilst it stood , by reason of the sanctity of S. Audrey the first foundresse thereof ; to whose shrine not a few resorted , for the many miracles there wrought , as was then ; not only with much confidence affirmed , but undoubtedly believed .

w w ●x hist. MS. Elien . Eccl. in bib 1. Cotton . sub ●f●●gie Neronis A. 15. Et Monast. Anglic. p. 89. col . ● . Etheldreda ( vulgarly called Audrey ) daughter to Anna King of the East-Angles , being through the perswasion of her Father , marryed to Tombert a Prince of the Southern Gyrvii ( or Fen-men ) had this Isle of Ely given her in dower by her said husband : unto which● after his death , she retired a pure Virgin , notwithstanding she was his wife almost three years : And affecting the place , both in respect of the difficulty of accesse to it ; as also , that it was in the nature of a Wildernesse , severed from the pleasures of the world , she there setled her self , taking to her company certain persons , with whom she had contracted friendship for Religions sake : But so it hapned , that about five years from the beginning of such her retirement , Egfrid K. of Northumberland , being highly enflamed with her beauty , through the power of her friends● obtained her for his wife . Howbeit , after she had been wedded about xij years , she resolved no longer to de●er the doing of that which she had set her heart upon ; and without any free leave of her said husband , as a Queen and a Virgin , she repaired to the Monastery in Coldingham in Scotland , where Ebba her husbands Aunt was then Abbesse , and there was veiled a Nunn by Bishop Wilfrid , where for the space of one whole year , she learnd , that the yoke of Christ was pleasant , and his burden easie . But then K. Egfrid , desiring to have her again as his wife , endeavoured to take her out of the said Religious house ; and to that end forthwith went thither : whereof the Abbesse having notice , presently advised her to hasten thence , and to make no stay till she came to her own habitation at Ely . Whereupon she departed , much lamenting and sorrowing ; and accompanied with two holy Virgins , viz● Selbe●na and Selbera , ascended a great Hill neer Colburthesheved ; at which time it pleased God to send such a rain , that King Egfrid , who pursued her , could not have accesse thereto in any place for the wat●rs : where they continued , without either meat or drink , in prayer , for the sp●ce of seven days ; till the King , without hope of getting to her , returned with much amazement , and went to Yorke : After which he could never endure S. Wilfride , but long harbouring re●enge towards him , did at length deprive him of his Bishoprick .

But these Nuns still continued on the top of that Rock ; where , almost fainting for lack of water , Ebba the venerable Abbesse above-mentioned , advised Audrey , that she should pray devoutly unto God , that he who supplyed his people in the Wildernesse , from the Rock , would vouchsafe water unto them in this their great necessity . VVhereupon she pouring out her prayers unto God with much fervency , there immediately gushed out a clear Spring , which not only satisfied their thirst at that time , but ever since hath been of such virtue , that infirm people drinking of it , have thereby received health . To which Miracles my Author addeth one more ; viz. that the footsteps of this holy Virgin are still to be seen on the side of this Hill , both as she ascended and descended from it , in as perfect a manner as if she had trodden upon soft wax .

After this , Saint Audrey ( for so mine Author now calls her ) taking with her the two maids before-mentioned , went thence ; and passing the River Humbre , landed at Wintringham in Lincolnshire : about ten furlongs from which Town , they came to a little village , call'd Alfham , almost compas●ed about with the Fen ; where continuing a few dayes , she erected a Church unto the Lord . Thence taking her journey , being much wearied with travel , she lay down in a shady place to sleep ; and when she awaked , found her staff , which was , when she stuck it down at her head , old and long withered , not only clothed with a new green bark , but budded with verdant branches and leaves : which being by her l●ft there , grew to be the largest Ash tree in all those parts ; and the place ever afterwards called Etheldredes stowe , id est , the resting of S. Etheldrede , wh●re a Church afterwards was also built in honour of our blessed Lady , and Jesus Christ .

But at length S. Audrey came to her own estate at Ely , with her two maids ; and was there received with great honour , Huna a Priest shortly following her : where desiring to erect a Monastery , many persons strove to have their Children instructed by her : amongst which Werburge ( the daugher of Wolpherus then King of Merica , and of Queen Ermenilde his wife ) was one : and in that place , by the help of King Athulf her brother , she built a religious House of Nuns , in the year of Christ DCLxxiij . and giving the whole Island unto it , sent her dear friend S. Wilfride , to Rome , for confirmation thereof ; who obtained the same from Pope Benedict , with great immunities and privileges .

And having accomplisht this foundation , being also made Abbes●e there , it is observed , that she never after did wear any linnen , but contented her self with woollen Garments ; and very seldome , except on the great Festivals , did eat oftner than once in one day . And moreover , if by some infirmity she was not hindred , from the , time of Mattens untill break of the day , she alwayes continued at her Prayers in the Church . But about seven years after that she had taken upon her the degree of Abbesse , she departed this life , on the ixth Kalends of Iuly , in the year of Christ DCLxxix . and was buryed in a wooden Coffin in the midst of her fellow Nuns , as she her self had appointed ; that Holy man Huna the Priest before-mentioned , celebrating her Funeral ; who soon after her death , retiring to a little Island , not far from this of Ely , founded a Church there , and lived in great solitude , the same being thereupon called Huneye .

To this holy woman , in the place of Abbesse succeeded that devout Virgin Sexburge , her sister ; who sixteen years after , took up her body ; which , with the linnen , wherein it was wrapt , being found incorrupt , and cu●ing many diseased people with the touch thereof , having washed the body again , and put new vestments upon it , she brought it into the Church of our Lady ( so built by her as hath been said ) and there placed it in a new Coffin of white Marble , found at Grantcester , and brought thither : it being not a little observable , that in the place where her body was first buried , there streamed out a fountain of pure water , upon that translation thereof ; which still remaineth , saith my Author .

To these famous Virgins succeeded others , under whose strict Rule and holy discipline this Monastery flourished with great honour , till the year DCCCLxx . ( id est CXCvij . years ) that the Danes ( then Pagans ) led by Inguar and Ubba , made an invasion into this Realm , and destroyed it : for such was the depth of the waters , which , compassing this Isle , extended to the Sea , that they had an easie accesse unto it by shipping , as the M● . History thereof , x x In bibl . Cot●on . sub es●igie Dom●iam A. 15. f. 7. b. speaking of that their incursion , in these words , importeth — Hujus siquidem communis tribulationis & miseriae nullatenus expers fuit Eliensis Insula ; praesertim cum paludes & aquae , quibus circumcingitur in mare porrigantur , sit ab ipsis aestuantis aequoris fluctibus quorumlibet navium ad eandem Insulam non difficilis accessus . In hanc vecta est aliquando gens eadem , cum multis navibus &c. At which time , such was the savagenesse of that barbarous people , that having turn'd out the Nunns , and ransackt the Church of all the Ornaments and wealth then in it , they burnt it to the ground : and one of them , more inhuman than the rest , supposing some treasure to have been hidden in the Tomb of S. Audrey , made an hole into it with a Pick-Ax ; whereupon , through the divine vengeance , his eyes presently fell out of his head , so that he dyed . VVith which judgement the rest were so terrified , that they durst not presume to meddle there any more : But such was their cruelty , that they also fell upon the Clergy , killing some , and imprisoning many others ; insomuch as this place lay wholly desolate , untill that after some years , eight of them coming thither again , repaired the Porches of that ruined Church , and celebrated divine service therein .

Howbeit to these Priests there succeeded those , who lived not only irregularly , but irreligiously : Nay the superior himself , out of a wicked curiosity , desiring to be satisfied , whether the body of that Holy Virgin S. Audrey was corrupted or not ; said , that if it were not , God would have wrought many miracles thereby . VVhereupon one of his fellows told him that divers miracles had been there done , by virtue thereof ; making instance of these several cures ; viz. of a woman that was troubled with a Palsie for six years ; a young man dumb for seven years ; a Maid blind from her birth , after ten years restored to sight ; a young-man that had a withered had ; a Maid-servant , unto whose hand , a tool whereof she made use to get up Roots out of a Garden on the Lords day , stuck so fast , for the space of five years , that it could not be pulled out . But notwithstanding these instances , the said superior , calling to him four young men of his society , thrust into that hole of the Coffin ( which the Danes had formerly made ) divers branches of Fennell , that lay upon the floor : and desiring to see whether her Vestments were perished , took a Candle , and fastning it to a stick , put it into the said hole ; which falling from the stick , continued flaming till it was totally consumed yet burnt not any part of them .

Neither did they yet cease , but sharpning the stick at the one end , thrust it into the said Vestments , and drew them to the hole : and being imboldned because they had no hurt , one of them took a knife , and cut off a piece ; others laying hold on the remainder , endeavoured withall their streng●h to pull it out , but could not ; it being dravvn back again with so much force as if two strong men had tugg'd at it . But see the event of this sacrilegious practice ; a great plague seizeth by and by , upon the family of that Priest , whereof his wife and Children , with all his Off-spring dyed , and carryed him likewise , within a few dayes , to Hell ( as saith my Author ) because he had not by great penance purged himself from this wicked deed . And of his associates therein , two of them hapned to be slain ; the third , after he was made Priest , lost his senses at every Wane of the Moon ; and the fourth , being stricken with a Palsie , continned so , untill his parents , with great sorrow , brought him to the Tomb of S. Audrey ; and there watching one night , and promising upon the Sacrament to make satisfaction , he became restored by the intercession of that blessed Virgin .

Neither was this Church possest by any other than these wicked Priests , untill the tenth year of the reign of King Edgar . For it hapning in that King's time , that one Sigewold a Bishop ( a Greek by nation ) and Thurslane a Dane , taking notice of the eminency of this place ; and becomming both of them suters for it , more out of covetuousness than devotion ; one Wlstan de Delham , Secretary to the King , informed him of the fame and sanctity thereof ; and told him , that such persons were not worthy of it : and moreover declared unto him the life and miracles of the glorious Virgin S. Audrey , in the presence and hearing of Ethelwold Bishop of Winchester , then the Kings Confessor ; who taking notice thereof with great delight , forthwith purchased it of the said King , with such immunities and privileges , as that it should for ever be free from any Regal tribute or exaction . And having so done , did put out those secular Priests ; and repairing the Church , which had been destroyed by the Danes , and continued desolate for an hundred years , introduced Monks thereinto , constituting Brythnod ( Provost of the Church of Winchester the first Abbot . All which was performed in the year after the Incarnation of our Saviour DCCCCLx . and from the time that S. Audrey first built it CCXCvii . receiving into it those Priests which were content to undergo a Monastique life ; and augmenting it's possessions with divers other lands purchased by himself ; as also divers rich ornaments . And obtained some of the said Kings grant . And moreover bought of the said King , not only the whole Isle ; scil. xx . hides of land which he had therein ; but the dignity and soke of seaven Hundreds and an half ; viz. two within the Isle , and five and a half in the territory of the East-Angles ; ●ive at Meldeburne ; three and an half at Hernyngforde ; and twelve at North wolde : for which he gave in exchange Lx. hides in Hertyngham , given unto him by K. Athelstan : bestowing other things for which he paid an hundred pounds ; as also a Cross of gold , beautified with merveilous work , and filled with Reliques ; which the said King , in confirmation of his said grants and privileges to this place , had offered here , upon the Altar of S. Audrey , with an admirable book . So that the whole , that this devout Bishop gave to God and S. Audrey within this Isle , Marshes , and Fen●s , was no less than Lx. hides .

And to these concessions did the same K. Edgar adde the grant of xl . hides of land , lying in the town of Hatfeilde : and moreover gave to the said Bishop the mannour of Sudburne ; upon condition , that he would translate the Rule of S. Benedict out of Latine into English : which he did , and offered it to S. Audrey . And lastly bestowed on the said Church his garment of fine purple , made a●ter the fashion of a coat of mail , and wrought throughout with pure gold , whereof a Miter was made . And out of his own Chapel several little Chests and Scroules , with the Reliques of divers Saints .

CAP. XL.

HAving now done with this second foundation of the said Monastery , so made by that devout Bishop ( as hath been observed ) I must not forget the gift of Staney thereunto .

This was bestowed y y Ex hist. MS. Elien . Eccl. in bibl . Cotton . sub effigie Tui A. 1. f. 8. b. on it by the before mentioned Wulstan de Delham , who had it , with the Fen belonging thereto , of the grant of one AEscuen a VVidow : which Fen the Monks afterwards dimised for the Rent of two thousand Eeles , unto a certain Kinsman of the said AEscuen : who , having been tenants to it formerly , and continuing so likewise during the life of the said King Edgar , did at length hold it as their own , without any sentence or law of the Citizens and Hundreders . Upon complaint made therefore of this injury to AEgelwine the Alderman ( who was then chief Justice to the King over all England ) the said AEgelwine came to Ely , and summoned Reigmund de Holand and the rest , that so held it , to come before him to answer the same● but they , though often warned , refused to appear ; nevertheless the said Abbot continued his sute , and renewed his complaint to the people , for that wrong , upon all occasions . At length the said Alderman sitting at Cambridge , there was a great Court of those Citizens and Hundreders , before xxiii . Judges , held under a c●rtain place called● Thirningfeld , neer Maideneberge ; where the Abbot declared openly to them all , how unjustly the said Reimund , and the rest , had dealt with him , in dispossessing S. Audrey of this Staneye ; and how that they would never appear , though frequently summoned . VVhereupon the Judges decreed , that the before specified Abbot ought to have the same again ; as also the whole fen and fishing : and moreover , that he the said Reigmund , and the other defendants , should pay to the same Abbot the arrear of fish , due for six years , and likewise give a forfaiture to the King : and that if they did not freely do so , they should be distrained by their Cattel . And thereupon also did the said Alderman command , that Oskytel , and Osmund Bece , with a Godere de Ely should perambulate that land , and put the Abbot in possession thereof ; who did accordingly .

Of the before specified Abbot Brithnod I also find ; z z Ex hist. Eli. Eccl. in bib● . Bodl. [ L. 69. ] lib. 2. f. 14. b. that by his care and industry the limits of this Isle were first set forth ; viz. a a Ex hist. Eli. Eccl. in bibl . Cotton . sub effigie Domi●iani A. 15. f. 7. b. from Cotingelade to Litleport , or Abbotes delfe ( since called Bishops delfe ) being in length seaven miles : And from Cherche were to Straham mere , in breadth four : within which compass divers petty Isles are included . Moreover , as a member thereof , ( though lying without this circumference ) is Dudintone ; as also Chateriz , where was a House of Nunns ; with the town of Wittlesey , and Abby of Thorney , which Abbot calling together the Inhabitants on every part thereof , assigned b b Ex hist. E●● . Eccl. in bi●● . B●d . ut sup●● . them their several portions of land : and for a perpetual evidence of the possessions belonging to his Church , he caused that large and deep ditch to be cut through the main body of the Fenn , which was then called by the name of Abbot's delfe ( as I have observed ) to the end it might remain as a boundary in that deep mud and water .

This Monastery being therefore so amply endowed with lands , and otherwise richly beautifyed through the bounty of many zealous people , who then thought nothing too much for the glory of God and his service : and growing more famons every day than other , by reason of the miracles which were done at the tombe of that renowned Virgin S. Audrey ; multitudes of people , for devotions sake flocking thither ; it hapned that ( about fifty years after ) King Canutus , a Prince of great wisdome , valour , and p●ety ; being desirous , together with Queen Emma his wife , and the Nobles of this Realm , to keep the feast of the Purification of our Lady , here at Ely , with high solemnity , as the custome then was ; the Abbots of Ely in their turn , performing the service in the King's Court , as they had used to do ; there being no other access to it ( considering the bredth and depth of the Fenn ) but by shipping ; he set sayl thitherward : and when he came neer to the land , raising up himself , commanded the Mariners to make what hast they could to a little Port , but to go stedily : and fixing his eyes towards the Church , which stood on high , on the top of the Rock , he heard a pleasant voice on every side : where listning farther , the nearer he approached to land● the more sensible he was of the melody : and at length perceiving that it was the Monks then singing in the Qui●e , and with shrill voices performing their divine Offices ; he commanded all the rest that were in the next ships to come nearer to him ; and exhorting them to sing with him , became so transported , that , expressing the joy of his heart , he presently composed and sung this Hymn .

Merie singende Monekes ben in Ely tha chut singende therby Royal chites noer the land And here yve thes Moneks sang .

Which in Latine is thus , Dulcè c●ntaverunt Monachi in Ely , Dumi Canutus Rex navigat propè ibi●

And now my Knights ( quoth he ) sayl ye nearer , and let us jointly hear the harmony of these Monks . All which were long afterwards publickly sung in the Quire , in memory of that devout King , and kept in mind as Proverbs ; the King thereupon ceasing not thus to sing , with his venerable College , till he came to land : where being received with solemn Procession ( as the Custome had been to the Prìnce or any eminent person ) and brought into the Church , he ratified all the donations conferred thereto by his Royal Predecessors Kings of England , and established them with their immunities and privileges in the face of the Church ( where the body of the holy Virgin S. Audrey lay entombed ) upon the high Altar , before all the persons there present .

Not long afterwards it so hapned Ibid. , that at the solempnity of this Feast the Fen was so much frozen , that the said King could not repair thither , as he desired ; neverthelesse it did not alter his purpose , though he was sorrowful and much troubled : Howbeit , putting his trust in God , being then upon Soham mere , he contrived to be drawn upon a slead over the Ice ; and for his better security ( considering the danger of the passage ) that one should go before him , to try the way . But it so fell out , that as he stood thus consulting , a lusty and big man , and an inhabitant of the Isle , who for his corpulency was called Brithmer Budde , came before him , and offred to lead the way ; whereupon the King followed on the Slead , all that beheld him admiring his boldnesse ; and coming safe thither , celebrated that solempnity , according as he had wont , with great joy : and in gratitude to the said Brithmer , made him , with all his posterity , ●ree m●n for ever .

In further testimony likewise of the security of this place , by reason of the vast and deep waters wherein it was situate ; I find d d M●tthe● P●ris . in v●t . A●batum S. A●i●i p. 43. ● . 40. , that in the time of King Edward the Confessor , the English , having advertisement of great preparations then making by the Da●es , for another invasion of this Realm , bestirred themselves in fortifying their Cities and Castles , hiding their treasure , and mustering of souldiers for their defence : And that Alfric , the Abbot of S. Albans , much fearing the danger , did not only take care to convey the Shrine of that glorious prothomartyr ( S. Alban ) into a secret corner , where he immured it ; but the better to disguise the businesse , wrote Letters to the Abbot of this place , humbly requesting him , that he would take chardge thereof , till all things should be in a quiet condition again : ●or ( saith my Author ) erat eorum Insula intransmeabilibus circundata paludibus , & arundinetis , unde hostium incursus nequaquam timuerunt . id est . This Isle of Ely is environed with Fenns and Reed-plecks unpassible ; so that they feared not the invasion of the Enemy . Whereunto the said Abbot assenting , Alfric , like a politick and wary man , fearing that these of Ely , having gotten such a treasure into their hands , might deny to restore it when it should be again required , sent , instead of S. Albans Shrine , the reliques of an old Monk , put up in a rich Chest , as if they had been S. Albans bones ; and kept the before-specified Shrine walled up in their own Abby , as hath been said .

But the most signal testimony of the strength of this place , by reason of the said waters encompassing it , is that recourse , which divers of the principal nobility of the English Nation had unto it , as their greatest refuge against the strength and power of the Norman Conqueror : as also the defence that they then and there made against a powerful Army , brought by that King for the subduing of it ; the substance of which story , because it is but briefly pointed at by our publick Writers , I suppose it will not seem tedious if I here succinctly deliver .

After that William Duke of Normandy , invading this Realm with a puissant Army ( in the year MLxvi . ) had subdued the forces of K. Harold in open batail , wherein that King lost his life ; Stigand Archbishop of Canterbury , whom the Conqueror affected not , fled e e Ex hist. Elie. Eccl. in bibl . Cotton . sub effige Titi A. 1. f. 87. a. into this Isle for safety : So likewise did f f Ibid. Egfrid then Abbot of S. Albans , with the Reliques of that Saint , and treasure of his Church ; As also g g Math. Paris . p. 7. n. 20. Edwine and Morkere , two great and potent Earls of this Nation , with h h Math. Paris . p. 7. n. 20. Egelwine Bishop of Durham , besides many thousands i i Math. Paris . p. 7. n. 20. of the Clergy and Laity . And understanding , that Hereward Lord k k Ingulphi hist. p. 511. n. 20. of Brunne , in Lincolnshire , a younger son to the famous Leofrike Earl of Mercia , being a person much renowned l l Ibid : n. 50● for his valour and military skill [ for m m Ex ver. membr . penès Georgium Puref●y de Wadley in com Berks. arm. an. 1653. at the age of xviij years , being banished the land by King Edw. the Confessor for his extraordinary dissolutenesse towards his parents and others , he went into Flanders and other forein parts , where he gained most high repute of his prowesse and noble exploits ] was returned from beyond Sea , they forthwith sent n n Ex Regist de Peterborough penès Will . Pierpont arm. f. 234. ● . for him ; desiring that he would repair thither with all his power , and joyn with them in the defence of their native Country , and redeeming their just liberties : And in particular they importuned him , in behalf of Thurstane then Abbot of that place and his Monks , whose the said Island wholly was , and on whose behalf the same was then fortified against the King , that he would make no delay , because the said King brought in a forein Monk out of France , to obtrude upon them as Abbot there ; and that he purposed to do the like in all other Churches throughout England .

To which request of theirs he willingly condescended , and forthwith began his journey towards them accordingly : whereof the Earl Warren having notice , whose brother , long before , the said Hereward had killed , he laid ambushes for him on the out-side of the Fens belonging to this Isle , and kept guards about the waters near to the land , hoping to take him cunningly without any slaughter of his own men : But Hereward being aware thereof , as also that some of those guards had encountred with part of his souldiers , and pursued them , he came in to their aid , and by taking some of them , discovering that the said Earl had set these ambushes for him ; and likewise that he was on the morrow to be at Hoherhed , he hastned thither with his ships ; and placing some armed souldiers near the bank of the River , went himself with three Horsmen and fou● Archers , well armed , unto the mouth thereof ; where the Earl himself with his men was then also come on the other side ; and seeing them , sent some of his party nearer ; who enquiring whether they belong'd to Hereward , and finding that they did● endeavoured to perswade them to forsake him● but prevailing not , they returned to the Earl , and told him , that Hereward himself was on the other side of the water . Whereupon the said Earl animated his souldiers to swim over with him presently , and revenge his brothers death : But they told him , that it was not possible so to do ; saying , that his coming thither was purposely thus to delude them : whereupon the Earl sighing , said to them on the other side of the water , Oh that I had that Devilish fellow ( your Master ) here , I would certainly torment him to death . To which words of his Hereward replyed , If we should happen to be so fortunate , as to meet alone in any fit place , you would not wish me in your feeble hands , nor like well of my company : and having so said , stooping a little , he bent his Bow , and letting f●ye an Arrow , hit the Earl on the breast ; but his Coat of mail would not suffer it to enter ; neverthelesse it came with such a force , that it struck him off his Horse , so that his servants took him up for dead in their arms . In the mean while Hereward went away , and came with his company into the Isle the same day , where he was received with great honour by the Abbot and his Monks , as also by those noble persons that were there ; viz. Edwine Earl of Leicester , and Morkere his brother Earl of Warwick , and other eminent men of the Country , who having been much oppressed by the said Conquerour , fled thither .

Whereof the King hearing , and being much inraged thereat , he resolved to get the Isle by assault ; and to that end caused a rendezvous of his whole Army at Alrehede ( neer which place there is a military rampire yet to be seen ) where the Fen was four furlongs in bredth : and having brought store of wood , stone , and fagots of all kinds , with a multitude of Trees and great pieces of timber , fastned them together underneath with Cow-hides ; and to the end that they might the better passe over them , they stript off the skins of beasts , and filled them with wind like bladders : which being done , there were so many that pressed on to get over , being greedy of the gold & silver whereof they supposed store to be in the Isle , that they that went formost were drowned , with their Bridge ; and those in the midst became swallowed up in the depth of the Fenn : but of those that were hindmost , a few , throwing away their weapons , made a shift by the mud to escape : Nevertheless multitudes perished in this adventure , whose bodies were long after found , putrified in their Harnesse , and dragg'd out from the bottome of the water ; but one onely man ( whose name was Beda ) getting into the Isle .

The King therefore beholding this lamentable disaster , and much grieving thereat , departed thence with those few which he had left , without any hope to conquer it ; placing guards of soldiers about it , to prevent those within from wasting the Country . In the mean time the said Beda being taken , and brought before the chief persons that were in the Isle ; and asked why he so boldly adventured himself ; told them , that the King did promise , that whosoever should first enter , and do some notable exploit there , to the danger of those that defended it , let him ask what he would of any mans therein , and he should obtain it : which , when they heard , they commended his valour , and kept him there with them for certain days , using him with great respect . Having therefore had this experience of their civilities , and observed how secure the place was , by reason of the fortifications there made ; as also the number and valour of the souldiers therein ; he professed , that as he had often heard them reputed to be persons more expert in warr than others , he now found it to be true ; and faithfully promised them , upon liberty to go back to the King's camp , that he would there relate as much : which he accordingly did , all being joyful to see him safe returned● even the King himself , for he was one of his most eminent souldiers : unto whom he related the strength of the Isle , and his own adventure ; and that those Earls before-mentioned , were there , with two noble men ; viz. Orgar , and Thirchitell , surnamed Childe ; but extolled Hereward not only beyond them all , comparing him with the most famous Knights , which he had seen through France , the whole Roman Empire , or Constantinople .

At which story the Earl Warren took no small offence , not enduring to hear such a commendation of him , that had slain his brother ( as hath been observed ) and suggested the King , that the relator was bribed to make so partial a report . But the King going on in making more enquiry of his particular observations there , had this farther account from him ; That the Monks of this place , ●earing to be subject to a soreiner , in regard the King had designed to bring over such out of France , to be chief in all Monasteries and Churches of England ; did entertain those persons there for their defence ; and thereupon fortified the said Isle ; affirming , that they were much more willing to live by the labour of their hands , than to be reduced to such a servitude . And that the same Isle was not then at all burthened by those forces● For ( quoth o o Ex ●is● . E cl. Elie● . in bible Bodl. ● . 30●● . he ) they matter not the siege , the Husbandman not neglecting his Plow , nor the Hunter his sports ; neither doth the Fowler cease from his imployment : concluding , that they were securely d●fended by their own Souldiery . Nay , I shall tell you more ( saith he ) both what I know and saw . This Isle it extraordinary fruitfull in all sorts of grasse , there being no place in England that hath a more fertile turf . Moreover , it is compassed about with huge waters and Fenns , as it were with a strong wall ; and aboundeth not only with domestique Cattell , but with a multitude of wild beasts ; viz. Harts , Does , Goats and Hares , both in the woods and neer the Fens : as also Ermines , Pole-Cats , Weesels , and the like Vermine , which are taken with traps and other Engins in the winter time . And of Fish and foul , which there breed , what shall I say ? At the Floud-gates upon the skirts of those waters , what a vast company of Eels do they take in Nets ? as also mighty Pikes and Pickerells , Perch , Roche , and sometimes greater and Royal Fishes . Of Birds likewise there be innumerable : So also of Geese , Bitterns , Sea-fowl . Water-crows , Herons and Ducks abundance ; especially in the winter season , or when they moult their feathers , whereof I have seen three hundred taken at one time .

Adding p p Ex R●gist de Peterborough ut supra . , that every day whilst he stayed with them , the fashion of their sitting at dinner and supper , in the common Hall , was a Knight and a Monk ; and at the upper Table the Abbot himself , with the said Earls ; as also Hereward and Turkill before-specified . Likewise , that above the head of each Knight and Monk , hung a Target and Lance upon the wall : and in the midst of the room , upon forms , lay Coats of mail and Helmets , with other Arms ; that when any occasion should be , the Monks always aswell as the souldiers might be ready to go to fight ; whom he fo●nd to be most expert men at their weapons . And moreover , magnified their plenty of all things there , that he said he thought it much better and more safe for the King to come to peaceable terms with them , than to adventure to assail them by ●orce , & miscarry in the attempt .

Which speech of his being thus ended , there stept out one of those Souldiers that the King had imployed to keep the Fort made at Reche , in order to the siege of this Isle : who being but newly returned from thence , having heard this relation of the before-mentioned Beda , said ; Do you think this to be a vain report , and not to be believed ? I assure you , that yesterday I my self saw a party of the Enemy make a sally out of the Isle , whereof but seven of them were armed ; and all Monks except two , who behaved themselves in every point like Souldiers , and fired the Town of Burwell , doing much mischief otherwise : which when our men saw , ten of them issued out of the Fort , with a purpose to take them in their return , because they were fewer in number ; but in the skirmish they slew all our men , except one , a stout Souldier , whose name was Richard , and nephew to Osbert the Shireeve , with whom one Wenothus had a single encounter ; wherein neither prevailing , though they fought a good while , some of our men went to part them ; whereof the famous Hereward taking notice ( for he was within view ) he would not suffer any one to meddle ; saying , that it was not just , that two or three should set upon one man , and that he would not suffer ser any of his to do so base a thing : But our men followed them to their ships , and killed one of their Mariners with a dart ; and taking another prisoner , he told us who they all were , and their names ; viz. Hereward the General , Wenothus , Thurstane ( a young-man , afterwards sirnamed Provost ) Boter of S. Edmunds Bury , Siward , Leuric ; and Ac●r for his stoutness sirnamed Hardy . These notwithstanding they were Monks , being skilfull men in Arms , often gave testimony of their valour in presence of the said Hereward .

All which the King hearing ; as he would not speak an evil word of them , deeming it a most unworthy thing to give bad language of such valiant men , so did he forbear to commend their courage above his own souldiers ; but considered to make peace with them , in regard the Isle was so strongly fortified , and that he knew not how to prevent their coming out thereof , or return . VVhereupon , calling together his Nobles and Counsellors , he told them his thoughts ; alleging , that now he was to march against the Army of the Danes , and soon after of necessity to go into Normandy , it would not be safe to leave such an enemy behind him in the midst of the Land , at his back . But some of his Nobles , then present , and which were most of his privy Council , diswaded him from so doing ; urging , that if he dealt thus favourably with those that had imbroiled his Kingdome for so long a time , others would not be afraid to do the like .

To whom the King , in anger , replyed , that he was not able to conquer them , considering the place naturally so defensible . VVhereupon one Ivotael le Bois , moved with some indignation , told him , that he had long known a certain old Witch , who if she were there , would by her Art soon destroy their whole strength , and places of defence ; and drive them out as Cowards out of the Island : which was no sooner said , but that all who stood by , became earnest suters to the King , that he would make no delay to encourage , and well reward whomsoever , that could by any Art or skill vanquish his Enemies . The King therefore yielding to these their perswasions , caused this old woman to be privately sent for , that it might not be talkt of ; and brought his Army together again , placing it on all parts of the Isle , making Fortifications on every side thereof , and appointing strict guards to prevent the issuing forth of any that were within , lest they should know what was in hand , and use any means to hinder the same .

All which being done , and understood by those that were within , it put them to no little disturbance of mind , and likewise fear ; they not knowing what to do , because the King had learnt some new way of warring against them : they therefore consulting what was best to be done , concluded to send out some fit person to make a discovery , what it was that their Enemies were in hand with : but finding no man fit for such a task , the Valiant Hereward resolved to undergo it himself ; either as a Scout , or Travailer ; or to alter his habit , though all were against it : and at length did set forwards , taking with him only his Mare called Swallow , which was always very lean and ill shapen ; but of pace exceeding swift , and nimble for action .

And when he went out , he changed his clothes , cut his hair and beard ; and being so clad , m●t with a Potter , whose Pots he took from him ; and feigning himself a Potter took his way to the King's Court , then at Brandon in Suffolk : And being got thither , it hapned that he lodged at the House of a Widow , where that old Witch was entertained , who was to be brought privily , for the destruction of all those in the Isle ; where he heard them discourse in Latine , what Art was to be used for the subduing thereof , they deeming him to be a plain Countrey fellow , and ignorant of what they then discoursed . And about the dead time of the night , discerning the Woman of the House , and that old Sorceress to go out of doores , he secretly followed them , and saw , that they went to a certain Spring , which was by the side of a Garden , and ran towards the East ; and hearing them discourse , he understood that they designed to murther him : but to prevent their purpose , he got away very early in the morning , with his Pots ; and wandring about the King's Court on every side , he cryed ( as Potters use to do ) Pots , Pots , good Pots and Pitchers ; all good earthen ware . Whereupon , being called into the King's Kitchen , that they might buy some of his Pots , there came in one of the Constables of the Town , and looking upon him said , that he never saw any man in favour of face and stature so like Hereward , as a poor man might be like to a rich , and a Country man to Souldier : insomuch as divers came about him , desiring to see a man like so much famed a person ; and thereupon brought him into the King's Hall , amongst the Knights and Souldi●rs , that they might behold him : But some when they saw him , said that a man of no greater limbs could not be of that valour and courage as Hereward was said to be . Others asked him if he knew , or had ever seen that wicked fellow , scil. Hereward . To whom he answered ; I wish that he were now here amongst us , he being the greatest Enemy that I have : for he took a Cow and four sheep from me , which were all the goods in the world that I had , except my Pots , and this Mare ; and the only livelyhood for my self and my two Sonns .

About this time the King's Dinner being making ready , Hereward retired into the Kitchin ; and after Dinner the Servants , Cooks , and Grooms of the Kitchin gave him Wine and Beer , that they might make him drunk and laugh at him , scoffing at him diversly ; having a purpose to shave his Crown , and pull off the hair of his beard ; and then to hoodwink him , to the intent that he might break his own Pots , which they had set about him . But refusing to be thus abused , one of them struck him , whom he requited presently with a blow that knockt him down ; insomuch as the rest took up Tongs , and other things to beat him ; which he discerning , forthwith snatcht up a fire shovel , and laying about him stoutly , kill'd one , and wounded divers of them . Whereupon it being made known in the House , they apprehended him and put him in ward : and soon after , the King being gone out to hunt , one of his Keepers came and brought a naked Sword in one hand , and a pair of Fetters in the other , which he threatned to put upon him : but Hereward , being too nimble for him , wrested the Sword out of his hold , and slew him ; and so , over hedges and ditches hasted to the King 's outer Court , where he found his Mare ; and though some pursued him , got safe away to Somersham wood ; where he hid himself till the Moon shone after midnight , and then came into the Isle .

But whilst he was thus in the wood , he chanced to meet with a person , whose Horse was tired , and himself too : and demanding of him who he was ; he told him that he was one of the King's Servants , that had pursued a man , who had killed one of the Kitchin Boys , and another that had the custody of him , after he was apprehended for that fact : and desired him , that for the love of God , and generosities sake , he would discover to him , whether he saw such a fellow or not , whom he then described . To whom he replyed ; Because thou requirest me to tell thee , for the love of God , and of generosity , I will . Know therefore , that I am the man : And now , that thou maist be infallibly assured , that I am so , and that thou hast spoken with me ; take this thy Sword with thee for a testimony , and leave thy lance with me . All which he reported to the King ; who with those that were the present , admired Hereward for an excellent Souldier .

The King therefore according to his former purpose , having prepared divers warlike Instruments , brought his whole Army to AElreheth ( now Audrey ) causing great store of wood and stone , with divers sorts of fagots , and such like materials , to be carryed thither : And summoned all the Fishermen in those parts , with their Boats , to meet at Cotingelade , that they might transport thither whatsoever was brought ; and raise large hills and heaps on this side Alreheth , whereupon to fight . Amongst which Fishermen came Hereward himself also with a Boat , using all shew of diligence : and the same day before Sun setting , having set fire on what was so brought , and killed and drowned divers , he made his escape away : And to the end he might not be known , he coloured his head and beard red ; neglecting no way to disguise himself , which might further the doing of mischief to his adversaries : whereof the King hearing , commanded , that if ever he could be taken , he should be brought alive to him without any hurt .

But having warning by these losses , the King caused more strict guards and watches day and night in every place ; and within seaven days raised four or five mounts of earth and other materialls , in which they placed certain warlike Engines ; intending , on the morrow , with all their force to assault the Isle ; and that they might the better succeed therein , set that old Witch before mentioned , upon the highest place , in the very midst of them ; that , being so well guarded , she might exercise her wicked Art . Who being so got up , made long speeches against the Isle , and all those that were in it , making signes and shews of their being vanquisht ; and allways at the end of each spell , she turned up her bare buttocks towards the Isle . Howbeit , as she was beginning with her third spell , there were those of the Isle that set fire on the Reedes growing in the Fen all thereabouts ; which , by the help of the wind , spread it self no less than two furlongs ; and making a horrible noise of crackling amongst the willows , and such like Vegetables , did so affright the assaylants , that they hasted away as fast as they could ; but being troubled with the smoak , could not tell which way to betake themselves , insomuch as many were drowned , the defendants having the advantage of the wind and smoak , getting out of the Isle , and shouring multitudes of arrows upon them .

And in this prodigious rout and confusion of the assaylants , down tumbled the old witch , from the place where she was set , and broke her neck : nay the King himself hardly escaped death , there being an Arrow shot into his Target , which he carried away with him to his Tent : which so soon as his Souldiers saw , they feared he had been wounded ; but he told them , he was not at all hurt , otherwise than by evill Counsel , in being deceived and abused through the cunning of that wicked Sorceress ; expressing , that all the mischief which had hapned , did befall him deservedly , in putting any trust in her devillish Art .

At that time it was , that Raphe , sirnamed Waer ( Earl of the East-Angles ) having privily got together a great strength , inviting divers of the English to his wedding , obliged them to his party deceitfully , by an Oath ; and wasted the whole Country , from Norwich to Thetford : whereof the two Earles , and all the rest of the chief persons , who then were in this Isle , having notice , repaired to them ; leaving only Hereward , with the Monks and his own Souldiers , to defend this place .

Things standing therefore thus ; the King discerning that all his endeavours were fruitless , as to the conquering this Isle by war or power , having lost so many men in his attempt to that purpose ; he at length ; by the Councel q q Ex hist. E●un . Eccl. in bibl . Cotton . sub effigie Titi A. 1. f. 87. a. of William , then Bishop of Hereford , and others , determined , that all the goods and possessions belonging to that Abby , which lay without the compass of the Isle , should be seised on , and divided amongst his Souldiers ; to the end that they might keep guards on the outsides thereof . Of which the Monks having knowledge , they forthwith consulted together , their Abbot being returned ( who dissembling to go with those Earles , fled with the ornaments and treasure of the Church , to Angerhale ; ) and resolved , r r Ibid. not only to yield peaceably to the King , in case he would restore unto them freely and honourably all the lands belonging to their Church , but to give him a thousand marks ; and accordingly sent cunningly , without the knowledge of the noble Hereward , to make that tender to him , the King being s s Ibid. then at Warwick ; who acceptably entertaining it , they gave admission Ex Regist. de Peterb . u● supra . to him and his Souldiers , to come privately into the Isle , when Hereward was gone out with his men to forage ; to the end that the busine●s might be done without resistance : which being discovered to Hereward , by one of the said Monks , ( whose name was Alwyne the Son of Orgar ) he grew so enraged , that he resolved to set fire on the Church and the Town : but at the earnest intreaty and prayer of that Monk ; wishing him rather to have regard to his own safety ; as also telling him that the King , with all his Army , was then at Wyccheford ( within the distance of one furlong ) and desiring him , that he would secure himself by flight , in case he had no mind to make his peace ; he yielded to those his perswasions , because he had often accompanied him in his military adventures , and been faithfull to him : and thereupon , presently , betook himself to those his Ships , which he had to guard the Isle , into a certain large and spacious Meer , called Wide , not far from Welle ( this being the seventh year of their so holding of the same Isle against the King ; ) and sailed thither , in regard there were free passages out of it : And there resolving to stay a while , employed some of his Souldiers towards Saham , to plunder and pillage the Country ; to whom he sent out Scouts to bring them back to him , lest they should be taken . Which Scouts , finding them in a little Island , called Stuntney , thought them to be their Enemies ; and therefore two of them ( viz. Scarfulte and Broher ) got amongst the Reedes ; and with their Swords each shaved the others Crown , expecting thereby to find the more favour being taken : but at length , discovering that they were all of a side , they went away together , and soon got to their Master : who had not been long in the said Meer , but that the Country people and the King's Souldiers so beset him , that being forced to flee , he kill'd his own Horse , lest any mean fellow should boast , that he had taken him : and so getting away into Bruneswald , and the great woods of Northamptonshire , he very much wasted the Countrey thereabouts with sire and Sword .

And having thus left this Isle , where the vastness and depth of the waters had yielded him such great , and so long security ( for which respect I have made this digression ) I shall conclude with this Character● which Ingulphus ( the then Venerable Abbot of Crouland ) gives u u p. 512. b●● of him ; Porro cum supramemorati Comites ( Edwinus & Morkerus , Rogerus Comes Herefordensis , Radulfus Comes Southfolciae , & Waldevus Comes Northumbriae ) inclyt● Regi Willielmo repugnarent , Helienses paludes , cum aliis multis magnatibus , similiter exhaeredatis , occupantes ; celiri nuncio Herwardus ad eos accersitus , Dux belli & Magister militum efficitur ; ubi tot bellica facinora fecit , toties adversarios vicit , tot vicibus illusit , quod perpetuam laudem meruit : quippe qui ruinas suae patriae pereuntis , quamdiu potuit sustentavit , & inultos abire ad inferos non permisit . Caeteri optimates se , Regi dedentes , ejus gratiam tentaverunt ; solus hic omnibus hoc recusans , se , subdere distulit , ac aliâs divertit● id est . Therefore when the before mentioned Earls ( Edwine and Morkere ; Roger Earl of Hereford , Raphe Earl of Suffolk , and Waltheof Earl of Northumberland ) not submitting to the King , had , together with divers other great men , in like sort disherited , possessed themselves of the Fenns at Ely ; they forthwith sent for Hereward , and made him General of all their forces : where he did so many warlike exploits , so often beat his adversaries , and so many times deluded them , that he obtained lasting renown for the same ; forasmuch as he did ( so long as he could ) sustain the tottering ruines of his Country , and was not cruel to his Enemies . And when the rest of the Nobles , rendred themselves , in hope of the King's favour ; he only refusing ; would not submit ; but got away .

Yet afterwards he made his peace : And having issue one only daughter , called Turfride , married w w Ex vet. Rot. MS. penès Georgium Purefey de Wadley , in com . Berks. a. ● . 1653. to Hugh de Evermuè Lord of Deping ( in Lincolnshire ) with the Forest adjoyning ; entertaining the said Hugh upon a time , at his House in Huntendon ; it hapned , x x Ex vet Rot. MS. penès Georgium Purefey de Wadley , in com . Berks. a. ● . 1653. that through a quarrel which arose then betwixt them , he was there wretchedly slain by his said Son in law : And buried at Crouland .

CAP. XLI .

KIng William therefore , being now possessed of this Isle , which he found so troublesome and chardgable in the gaining , thought it no small piece of policy to secure the same from the like danger for the future : and therefore , having afterwards some difference with Scotland , compelled y y Ex hist. Elien . Eccl. in bibl . Cotton . sub effigie Titi A. 1. f. 89. b. the Abbot to maintain no less than xl . Souldiers for the defence thereof ; which being such persons ( or their substitutes ) as held of him by military service , had their constant dyet in his Hall , as also daily pay at the hands of the Celerer .

But afterwards it was not long erè that this Conventual Church of Ely became a Cathedral , for z z Godw. d● praesul . in the time of King Henry the first , Richard the the● Abbot , not being well pleased to live under the Bishop of Lincolne , to whose Dioces Cambridgshire ( within which this Isle is situate ) then belonged ; suggesting to the King , that this would be a fit place for an Episcopal see , and procuring the Popes consent thereunto , obtained his desire therein ; hoping to have been the first Bishop of this new Dioces : but though he was prevented thereof by death , yet did not the King neglect to do what he was so sollicited unto ; and therefore , bestowing upon the Bishop of Lincolne the Mannours of Spaldwick , Bricklesworth , and Bokeden , in recompence of the losse , which the said Bishop sustained , by exempting of the said County of Cambridge from his jurisdiction , compleated his purpose therein . And to the intent , that the revenues of this Bishoprick might afford him an honourable support , they reduced the number of Monks , which were Lxx. to xl . whereupon Hervaeus Bishop of Bangor in Wales , was made the first Bishop here .

At that time ( for ought I can find ) there was not any other access into this Isle than by Ships or Boats ; this Bishop therefore , being desiro●s to have a Causey through the Fenn ( as it should seem ) but doubting whether the Monks would think the work fesible at all ; or if so , with any indifferent chardge , so contrived the business , that it was set upon without any fear of either , and became accomplished accordingly . The story may , perhaps , to some seem fabulous ; but take it from the Authority of the Leiger a a in bibl. Bodl. [ L. 69. ] lib. 2. f. 26. a. book of that Monastery .

There appeared , in a vision , unto a certain Countrey-man , who dwelt at Exning in Suffolk , S. Edmund the King and Martyr ( in honour of whole memory , that famous Abby of S. Edmundsbury had been long before founded ; ) and awakening the man , said thus to him , Good man ! listen well unto what I shall say unto thee ; and what I appoint thee to do , fail not with effect to accomplish . Arise and go presently to the Bishop of Ely ; and tell him in my name , that he must make a way whereby I may visit S. Audrey . Who accordingly made haste to the Bishop , and acquainted him with this his Vision and command : the good Bishop therefore weeping for joy , delayed not to make enquiry how this business might be done ; and finding , that no man durst , for what chardge soever undertake to accomplish it ; there stept out a certain Monk of that Abby , called Iohn ( a soft man to all outward appearance ) who told the Bishop that he would , by God's help , perform the work . Whereupon , setting in hand therewith , he began to measure the distance from Soham to Ely , and to cut down the Reedes which stood in his way ; as also to make Bridges over the Rivers ; and so went on in raising of the said Causey , which he perfected in a very short time , to the wonder of all men that then saw it ; that Causey being still called Soham Causey .

Which place ( viz. Soham ) is also famous b b W. Malm. de gestis Pontif. lib. 2. f. 135. a. n. 30. for two other things ; first for the great Meer , that heretofore made the passage by Ships and Boats very dangerous to those , who came into the Isle that way , before the said Causey was made : and next for that the body of Faelix Bishop of the East-Angles was translated from Domuc hither . Which Bishop dyed almost a thousand years since .

To Hervaeus succeeded Nigel in that Bishoprick ; of whom I may not omit to observe ; c c E● hi●t . M.S. E●ien . E c. in bibl . Cotton . su● effige Titi A 1. ● . 9●● . that he , discerning this Isle to be a place of such great security , through the advantage of the Fen , wherewith it is encompassed ; that , joyning with Baldwine de Rivers in the Rebellion against King Stephan , he made a strong Fort of lime and stone within the precinct thereof : but that Fort , being by the power of S. Audrey ( as mine Author saith ) often destroyed , he built one of timber neer to his Engines of war ; and walled in the round hill ( called the Keep ) which was committed to his custody by Geffrey de Magnavill Earl of Essex , and Richard de Clare Earl of Hertford ; whereof knowledge being given to certain great men of that Country , they made a confederacy with him : But the King having intelligence thereof , sent his Army to assault it ; yet prevailed little therein , till he himself came with his Ships ; and then d d L●● . C●ll . vol. 1. p. 8●4 , having prepared a multitude of Hurdles , made with them a passage for his Horse : which when they within discerned , they threw down their Armes and ran away : but the Bishop escaped and got to Maud the Empress .

And as for the reasons before expressed , this Isle hath been in those former times of trouble , esteemed a place of such great security , so was it afterwards upon the like occasion : for after the death of Eustace Bishop of Ely ( which hapned about the latter end of King Iohn's time ) the Monks e e Godw. de Praesul . having elected one Robert , a Yorkeshire man ; who not only took the profits of the Bishoprick for five years , without any consecration ; but adhered unto Lewes , Son to the King of France , at that time in this Realm and the King's Enemy ( as our Historians do at large set forth ) King Henry the third , fearing left he should receive the said Lewes into this Isle , made a very great complaint f f Claus. 3. H. 3 in do●so m. 13. thereof to the Pope ; whereby , representing that danger , he calls it optima munitio Regni ; the best Fort in all his Kingdome ; and therefore humbly besought the Pope , that he would provide a better Pastor for this Church : which he , accordingly , did .

Nor had it less account , as it seems in 49ᵒ. of that King's reign : for after the battail of Evesham , wherein the Army of the rebellious Barons was vanquisht ; divers of those that fled , betook themselves to this place ; amongst which Iohn de Eyvile and Robert de Wileby were g g L●l . Col. vol. 2. p. 379. the chief commanders : Against whom , I find , that the King , about two yeares after , preparing an Army , appointed h h Pat. 51. H. 3. in do●so . m. 24. his faithful subject Will . Charls , to bring Barges and Souldiers , from the Sea coasts of Norff. and Suffolk , for the assaulting thereof : this being the time , that the King himself , with some forces , came i i Annal. Math. Wellm. lib. 2. p. 345. privately to Ramsey ; neer which place he slew and took Prisoners divers of those his Rebels , who had issued out of the said Isle , and plundered the parts thereabouts . But notwithstanding this they were not yet subdued ; for the next year after , it appears , k k L●● . Coll. vol. 2. p. 379. that Henry de Hastings was the principal Officer , and Governour of this Isle , on the behalf of those Rebels .

And now , having by these sundry remarkable instances shewed how vast and deep a Fenn this great Level antiently was ; my next endeavour shall be , to declare what I have observed to have been done , in order to the drayning and improvement thereof , or any part of the same ; beginning where I left ; viz. on the Northside of it .

CAP. XLII .

Kesteven . ON the Southern part of this Province lyeth Deping fenn , which is now at least ten miles in bredth . Whereof the most antient mention that I have met , is about the beginning of King Edward the Confessor's reign : Egelric , who had been a a Hist Inguph● f. 510● a. n. 30. a Monk of Peterborough , ( but at that time Bishop of Durham ) then making b b Hist Inguph● f. 510● a. n. 30. a firm Causey of Wood & gravel over it , from Deping to Spalding , for the advantage of passengers ; opus sumptuosum valdè , prim●que necessarium , quod usque nunc & semper in futurum , quamdiu duraverit , de factore Egelrico cognomen habet , id est Elriche rode , sayth c c Hist Inguph● f. 510● a. n. 30. Ingulphus ; A most costly work , but of extraordinary necessity ; which now doth , and as long as it shall last , will bear his name .

At that time part of this Province was a Forest d d Ibid. as well as a Fen , and possest by Leofrike Earl of Mercia ; for he was then Lord e e Ibid. f. 511. a. n. 30. of Brune , and the Marshes adjoyning . From which Leofrike it came to Hereward his younger Son ( of whom I have made ample mention in my discourse touching the Isle of Ely ) and by his Daughter and heir , Turfrida , unto f f Ibid. n. 10. Hugh de Evermi●e ● then Lord of Deping . So also , by the sole daughter and heir of the said Hugh , unto g g Ibid. 515. b. ● . 20. Richard de Rulos , Chamberlain h h ●bid f. 516. ● . n. 10. to King William the Conquerour : And by his daughter and heir to i i Ex R●g●st . Crouland 〈…〉 de S●ald●●g A●● . ● . 89. a. Baldwin fitz Gilbert . Which Baldwin leaving also issue one only daughter and heir , w●dded k k Ex R●g●st . Crouland 〈…〉 de S●ald●●g A●● . ● . 89. a. to Hugh Wake ; the said Hugh became in her right , Lord and owner of those places ( scil. Bourne and Deping : ) and was also principal Forester to the King ( H. 3. ) for his whole Forest of Kesteven .

Of what extent the Forest , whereof I have already made mention , to have been in these parts of this Province , and possest by Leofrike Earl of Mercia , was , I am not able to say : but it appears r r Ibid. that King Henry the first , for the pleasure of Hunting , doing much hurt to the Common Wealth by enlarging of Forests ( as his Brother King William Rufus had done ) did afforest s s I●●d Vid● cl●us . 18. R. 2. m. 33. th●se Fenns between Ke●teven and Holand ; viz. from the Bridge of East Deping ( now Market Deping ) to the Church of Swaiston , on the one side ; & from the bridge of Bicker , and Wragmere stake , on the otherside ; which met●s divid●d the North p●rts , and the river of Weland the South ; excepting the Fen of Goggisland , in regard it was a Sanctuary of holy Church , as belonging to the Abby of Crou●and : which Fen the Monk● of that House , having licence t t Ibid. from the said King , did cloze , for their own use ; making the Ditches about it bigger than ordinary , for the avoyding of discord .

And being thus made Forest , it continued so , untill King Henry the third's time , who in the xiiiith. . year of his reign , granted u u Claus. ●4 . H. 3. m. 1● . unto all the Inhabitants within the same , that it should thenceforth be dea●forested by th●se subsequent bounds ; viz. in length on the one side from Swaftone to East Deping , as Kares ●ike extends it self , betwixt Swantone and East Deping . The De●●forestation of Kesteven . And , in length , on the other side towards Holand , from the bridge at Bikere to the great bridge at Spalding : And in bredth on the one part , from that great bridge at Spalding to East Deping , as the river of Weland goeth betwixt Spalding and East Deping . And on the other side from the land of Swaftune , unto the bridge at Bikere : So that all the Lands , Marshes , and Turbaries , within those precincts● were thenceforth to be quit of waste and regard .

In the 18 of King Edw. the first 's reign , Henry then Abbot of Croyland and his Monks were impleaded w w Ex R●●●●t . de Crouland praedi●●o ●● 83. ● . by Thomas Wake of Lidell ( then Lord of Deping , by descent as aforesaid ) for fishing at Est Deping in the free fishing of the said Thomas ; and for throwing down a certain bank in his Fen there , which the said Thomas had made for the safeguard of the said Fen from being overflowen by the fresh waters .

But to this the said Abbot and his Monks made answer , that being possest of the Mannour and Town of Crouland , within which there is a certain River , called Weland , running time out of mind , from the boundary called Kemisf stone , in the West , unto the site of the Abby within the said Town : and so from the said Abby , to Brother house towards the North ; he the said Abbo● and all his predecessors Abbots of that place , were always , and till that time seized thereof , and of the free fishing therein , as Lords of that Mannour and Town . And farther said ; that the place where this trespass was assigned to be , was within those limits , and precinct of that their Mannour ; acknowledging that he di● fish there , as the said Thomas had alleged .

And as to the said Ditch , he said● that within the precinct also of the Mannour of Crouland , there was a certain Fen , call●d Goukeslaund , which then was his proper soil , and so had been of his predecessors , time beyond memory , as pa●cel of the beforespecified Mannour . And moreover , that the course of the fresh waters , flowing from the West , in the said Fenn , did then run , as always they had used to do , from the same Fen into the said River of Weland , and so to the Sea . And he likewise alleged , that because the said Thomas had raised a bank upon the land of him the said Abbot , within his Manno● of Croyland , in a certain place where none had ever been before ; by which bank , the course of those fresh waters being stopt , the said Fen called Goukesland , and other Fens adjoyning thereto were overflown ; and the Abby and Town of Crouland in danger to be thereby drowned ; he the said Abbot perceiving that the abovespecified bank was so raised , to the end that the said A●by and Town might be drowned , did cause several parts thereof to be thrown down .

But notwithstanding this answer , the Abbot was , by the Jurors , found x x Ibid. ● . 85. a. guilty both of the trespass in fishing , as abovesaid , and breaking that bank , to the damage of the said Thomas Wake , no less than CCCC . marks .

In 9 E. 2. Edmund Deincourt , Lambert de Trikyngham , Roger de Cuppledyk , and Robert de Malberthorp were constituted y y Pat. 9. E. 2. p. 1. m. 26. in dorso . Commissioners to view and repair the Banks , Sewers , and Ditches within this Province , by which the fresh waters in the Marshes betwixt this part of the Country and Holand , had used to pass unto the Sea . And in the same year , the said Edmund d' Eyncourt , Nich. de Widmerpole , and Richard de Whattone were appointed z z Pat. 9. E. 2. p. 2. m. 15. i● dorso . to enquire touching the Rivers of Smyte , Dyv●ne , Wycheme , Middelwynene and Fulb●k , choakt up for want of scouring ; by reason whereof the Inhabitants in those parts did then suffer much damage .

In 16 E. 3. Gilbert de Umframvill Earl of Anegos , exhibited a Petition a a Esc. 16. E. 3. n. 70. to the King , whereby he represented , that whereas there was a certain water , called the Ee of Kyme , betwixt Doc dyke on the East part , and Brentfen on the South ( within this province ) which did run through the lands of the said Earl , for the space of six miles in length ; but was so obstructed and stopt , by reason of mud and other filth , that Ships laden with Wine , Wool , and other Merchandize , could neither pass through the same in Summer nor Winter , as they had used to do , except it were scoured and clensed ; and the banks so raised , that the tops of them might appear to Mariners passing that way , whensoever the Marshes there should be overflowed . And that , as the said Earl had for the common benefit of those parts , bestowed no small costs towards the repair of the said place , called the Ee , and heightning of those banks ; so he intended to be at much more , in case the said King would please to grant unto him , and his heirs for ever , certain Customs of the Merchandize passing in Ships through the same , to have and receive in form abovesaid ; viz. for every Sack of Wool carried through that Chanel , four pence ; for every Pocket of VVool , two pence . For every Tun of VVine , four pence ; for every Pipe of VVine , two pence . For every four quarters of Corn , a peny ; for every thousand of Turfes a peny . For every Ship laden with Catel , four pence : and for every ship laden with other commodities than aforesaid two pence . VVhereupon the said King directed his Precept to William Fraunk , then his Eschaetor in this County● that he should forthwith make Inquisition , and certify , whether it would be to the damage of him the said King or his Subjects , if the said Customs were granted unto the beforementioned Gilbert , for the purposes above expressed .

And accordingly the said Eschaetor did certify , that it would not be prejudicial to the said King or any others to make such grant .

Upon a Presentment b b Pl●c . coram R●ge term . H●ll . 28 E. 3. Ro● . 26. Li●● . exhibited in the Court of King's bench in 28 E. 3. the town of Thurleby was dischardged from repairing a certain Chanel , called Edyke , any farther than from Catebrigg to Boston cote ; and thence to the Cross next unto Boston cote .

In 40 E. 3. the Lady Blanch Wake complained c c Pat. 40. E. 3. p. 2. m. 4● . in dorso . to the King ; that whereas she was then possessed of the Fen , called Depings ei , as parcel of the Mannour of Deping , which she held in dower of the inheritance of Ioan , at that time wife to Edward Prince of Aquitane and Wales ( commonly called the black Prince . ) And that the said Fen , by reason of the passages of the Rivers of Weyland and Nen , as also of other waters , to the sea , which descending through those Marshes , were hindred of their right course , by Floudgates , Mills , and Pooles , then newly raised upon those streams ; as also by piles and stakes therein fixed , and trenches made , and likewise by breaches in the said banks , and for default of scowring the sewers , were so overflowed , that the said Blanch or any other persons could scarce receive any commodity in the same Fen , as they had used to do : He therefore assigned d d Ibid. Simon Symeon , Roger de Meres , Iohn de Repyngale , Thomas de Pinchebek , and Reginald de Tykesore to view the same , and to take care for the amendment thereof .

In 41 E. 3. the Abbot of Kirkstede was , upon a pleading acquitted Plac. coram Rege term . Hill. 41. E. 3. Rot. 15. Linc. from the scouring of a Ditch called Stopdyke , for which he was presented before Gilbert de Umframvill Earl of Anegos , and his fellow Justices of Sewers .

In 50 E. 3. there was a Presentment f f Plac. coram Rege term . Trin. 50. E. 3. Rot. 15. Linc. exhibited against the said Gilbert , for taking of Toll , of all vendible commodities , carried in Boats from Boston to Kesteven , whereunto he pleaded , g g Plac. coram Rege term . Trin. 50 E. 3. Rot. 15. Linc. that he did take that Toll for scouring the Chanel , called the Ee of Kyme , which passed through the midst of his Mannour or Lordship of Kyme , betwixt Doc dyke and Brentfen , to the river of Wythom , and was the very water specified in the Presentment , and there called Home milnedike , on both sides : which Chanel was then so filled with mud , that Ships and Boats could not pass through it , untill that he the said Gilbert , by virtue of the King 's writ of Ad quod dampnum , did clense and scour the same ; and by his royal Charter , granted License to the said Gilbert and his heirs , to take Toll of such Vessels , bringing those commodities .

As to the condition that Brunne Fen , and Deping Fen stood in , it was thus certified h h Esc. 4 R. 2. n. 59. in 4 R. 2. after the death of Blanch the Widow unto Thomas Wake of Lydel , ( who then dyed seized of the Castle and Mannour of Brunne , which she held in dower , for the term of her life ) viz. that the Marsh called Brunne fen did extend it self from a certain place called Arfth wenth , to Potter lane in Brunne : thence to Merton ; thence to Litildyke , and thence to the Ditch belonging to the Prior of Spaldyng . And that the profit of the turfs , digg'd yearly there , amounted to Cs. And the profit of Strangers Cattel there agisted annually , as much . And moreover that there was a certain yearly commodity , called Poundage , taken in the said Fen for the strange Cattel for Greshyre , from Morton to Sekholme , and thence to the Gates of Wrigbolt ; and thence to Dewe hirne ; and thence by Brunne Ee to Goderhamcotes ; and thence to Estcote ; and thence to the Cross at Esthowe ; and thence to Medylhowe ; and thence to Arfth wenth ; which poundage was worth by the year iiiis .

And that the Marsh called Deping fen , did extend it self from East Deping to the middle of the bridge of Crouland , and the middle of the river of Weland ; and thence to the messuage of William atte Tounesend of Spalding : and thence to a certain place called Dowe hirne ; thence to Goderhamkote ; thence to Estcote ; and thence to Baston barre ; thence to Langtoft outgonge , and thence to East Deping in length and bredth . And that the agistments of all Cattel in the said Marsh , did then belong to the Lord , and were worth annually xxl. And moreover that there was a certain profit of turfs , yearly digg'd therein , worth xxl. And likewise a profit of poundage , to be yearly twice taken of all Cattel within the same Marsh ; viz. one time of Horses , and afterwards of Cattel ; whereupon all Cattel which have right of Common there are delivered with payment of Greshyre : but of other Cattel the Lord had Greshyre , which was worth xxl. per annum . Also that there was within the said Marsh , a certain profit of Fishing , newly taken , by reason of the overflowing of the waters on the North part towards Spaldyng ; which was yearly worth viil . And that the other profits of Fishing and Fouling throughout the whole Fen was then worth Cs. And lastly , that the fishing to the midst of the river of Weland to Crouland , and thence to Spaldyng was yearly worth Ls.

In 5 R. 2. upon a pleading i i Plac. cora●● R●ge term . Hill. 5. R. 2. Rot. 26. Linc. in the Court of King's Bench , it was found , that neither the Abbot of Brune , nor the Town of Brune ought to repair the Sewer called E-dike , from Goderamcote to Estcote ; and that their predecessors nor ancestors did ever repair the same , nor any part thereof ; therefore they were dischardged .

In 11 R. 2. Henry de Percy Earl of Northumberland , Iohn de Beaumont , Sir Nicholas de Hebden Knight and others , were constituted k k Pat. 11. R 2. ● . 1. m. 33. in dorso . Commissioners for the view and repair of the Banks , Ditches and Sewers , lying betwixt Lincolne and Brig dyke , which by the overflowing of the Fresh waters were then broken in divers places : and to proceed therein according to the Law and custome of this Realm .

The like Commission l l P●t . 14. R. 2. p. 2. m. 32. in dorso . in 14 R. 2. had Will . Thorpe , Anketine Mallore , Will . Thirnyng , Richard Sydenham , Will . de Crosseby , and Iohn Goffron , for those Banks and Sewers from Cadebrig to Dunn●sby , through the midst of Thorleby fen , and the parts adjacent .

In this year , upon m m Ex Chro● . de Crouland , compositis temp. H. 7. question betwixt the Inhabitants of Kesteven and Holand , touching the bounds betwixt those provinces , there was a Commission granted by the King to Robert de Willughby , Philip le Spenser , Raph de Cromwell , Will . de Skipwith , Will . Thirning , Richard Sidenham , Iohn Markham , Edmund de Clay , and Robert de Mantell to enquire thereof . Whereof a Perambulation was made , and an Inquisition taken at Brigge dikes by the Oaths of Andrew de Leake and others of the parts of Holland ; and of Iohn Paynell and others of this province of Ke●●even ; which was also exemplified under the great Seal . In pursuance wher●of there were ten Crosses e●ected in several places , for me●es and divisions of them . But within the s●ace of two years following , they were all thrown down again , and the stones carried away by the men of Kesteven . Whereupon a Commission * * Vide Pat. 17. R. 2. p. 2. m. 5. in dorso . was granted , and sate , at Donington on Thursday next after S. Matthew's day , in 17 R. 2. by Robert Lord Willughby , and others , to make enquiry , and to punish the offenders ; sundry whereof were therefore hang'd , some bani●hed , and some fined in great sums ; and command given for erecting new Cross●s of stone at the chardge of these men of Kesteven .

In 10 H. 4. Iohn Earl of Somerset ( brother to the King ) Will . Lord Roos , Robert de Tame , Iohn de Holand de Welysthorpe , with others , were constituted n n Pat. 10. H. 4. p. 1. m. 13. in do●so . Commissioners for the view and repair of all the Banks , Ditches &c. both upon the seacoast and elsewhere within this province of Kesteven ; and to proceed therein according to the law and custome of the Marsh , there before that time used , and the law and custome of this Realm .

In 7 H. 5. there was a Pr●sentment exhibited against the town of Brunne , o o Plac. coram Rege Term. M●ch . 7. H. 5. 〈◊〉 ●4 . L●●c . Vide e●iam Plac. de term . P●●ch . 8. H ● . Rot. 14. E● de term . Trin. 8. H. 5 R t. 10. with the hamlets of Dyke and Calthorp ; and against the Town of Morton and Hermethorpe , for turning the fresh waters towards the North , which ought to run Eastwards into the Sea .

But notwithstanding the boundaries betwixt these Provinces of Kesteven and Holand so set forth , as hath been said , I find , that Margaret Countess of Richmund and Derby , being Lady of Deping , in 16 H. 7. did then procure a new Commission , directed unto Robert Lord Willoughby , Thomas Lord Rosse , Thomas Lord Fitzwalter , George Lord Hastings , Iohn Lord Fitz Warren , Sir Robert Dimock , Sir George Taylboys , Edward Stanley , Christopher Willoughby and Reginald Bury Knights , to hear and determine the controversy between the Inhabitants of the parts abovesaid . Which was accordingly done by these Jurors ; viz. Sir Robert Hussey Knight , Sir Iohn Digby Knight , Sir Iohn Thimelby Knight , Thomas Dimock , Richard Thimelby , Richard Harington , Will . Ermin● , Will . Mounson , Iohn B●ssy , George As●●●y , Robert Tirwhit , Richard Cecill , Iohn B●ll● , William Fitzwilliam , Iohn Fol●ingham , Will . Leigh , Thomas Desney , Richard Grantham , Edward Askew , George Mackwo●th , Thomas Billesby , Will . Thorold , Will . Enderby , and Iohn Walcot Esquires .

CAP. XLIII .

HAving now done with what concerns the Province of Kesteven alone , I come to it and Holand joyntly : whereof the first mention that I have met with , is of the a a Claus. 18 R. 2. m. 33. afforestation made by King Henry the first in these parts ; b b Claus. 18 R. 2. m. 33. which continued not long : for it appears , that King Richard the first , about the beginning of his reign , by his Charter to the Monastery of Spaldyng , of the Towns of Spalding and Hinchebec , with the lands , waters , and Marshes to them belonging ; did acquit the Inhabitants of those places , from all duties belonging to the Forest ; as also of Harts and Hindes , with all other wild beasts : and of all Forest Customes and exactions , which had used to be there do ●e or required ; so that no Forester or any other might thereupon vex or disquiet them . ☞ And moreover gave them License c c Claus. 18. R. 2. m. 33. to make Banks and Ditches to inclose their Lands and Marshes ; as also to build Houses and exercise tillage , as they themselves should think fit , within these particular metes and bounds ; viz. betwixt the river of Wailand and Chelebeche , in length : and from Midfen dic ( which is the division betwixt these two Provinces of Kesteven and Holand ) and Gudramesend , which is the boundary , as far as Saltene , in bredth ; and Hasmanespade , as the said river of Wailand , coming from Crouland , descendeth to the Sea .

From this deafforestation abovemention●d , I shall descend to King Henry the third's reign ; in whose time I find , * * Claus. 25. H. 3. m. 10. in dorso . that there was a Precept directed to the Shireeve touching the partition of Hauthuntre-Fen , by the consent of those that had right therein : whereby the said King gave special command , that each Town might have their due proportion thereof assigned to them : but , in the first place , that a Perambulation should be made , by the Oath of xij . lawful and discreet Knights , betwixt it and the Fen , called Fenting fen ; viz. in length from the Town of Swinefheved to a little rivulet , called Barkesmere ; and so from the Marsh of Stevening , as Barkesmere goeth betwixt the said Fen , called Hauthundrefen , and the Marsh of Hale , unto the river of Kime : and so in length by the said river of Kime , to Dockesdike ; and from thence by the water Wuna , to certain land of Boston . And that so soon as the said Petambulation should be th●s accomplisht , then to make partition of the before mentioned Fen , by the Oaths of those Knights , in such sort as each Town might have an assignation of their particular share , to dispose and make improvement of the same , according to their own best liking .

After this , viz. in 44 H. 3. the King then directing his Precept d d Claus. 44. H. 3. in do●so . m. 16. to the Shireeve of this County ; whereby , taking notice that not only the Landholders in those parts , but himself had suffered inestimable damage , by the overflo●ing of the Sea , and likewise of the fresh waters , through the default in rep●ir of the Banks , Ditches , Gutters , Bridges , and Sewers , in the lands which lately belonged to William Longespe , in these parts of Kesteven and Holand ; he commanded the said Shireeve for●hwith to distrain all such Landholders , who had safeguard by those Banks and Ditches , and ought to repair them , according to the proportion of their lands ; to the end that they might be speedily repaired , in such sort as they ought and had used to be .

And in 23 E. 1. Adam de Crokedayk and W. Inge were constituted e e Pat. 23. E. 1. m. 15. in dorso . Commissioners to view the Banks , Ditches and Sewers in these Provinces ; and to see that the currents of fresh waters in the Marshes thereof , might have their due and antient passages , as they had wont to have .

In 9 E. 2. Lambert de Trekyngham , Roger de Coppeldyk , and Robert de Malberthorp , being then constituted f f Ex Regist. 〈◊〉 Croyl●nd penè● I●h . Oldfeild arm. f. 46. a. the King's Justices of Sewers for these parts , sat at Boston upon the Tuesday next after the feast of the Exaltation of the holy Cross , there to make enquiry , by the Oaths of good and lawful men , what persons of this County of Lincolne had used to repair and maintain the Banks , Ditches , Gutters , and Sewers , within the fens of Kesteven and Holand , and other places thereabouts ; as also the floudgates , by which the fresh waters that had used to run from the parts of Kesteven into the said Fens , were hindred from so doing : and by whom the said waters were turned out of their right and due courses ; as also in what sort . Whereupon Sir Will . d' Autre Knight , Iohn de Holand , and several other persons of quality , being sworn , did g g Ex Regist. 〈◊〉 Croyl●nd penè● I●h . Oldfeild arm. f. 46. a. upon their Oaths present .

That the Town of Danington ought and had used to repair the Causey of Holand , with little Bridges and Ditches on each part of the same , from the said Town of Donington to the new Ditch : And from the said Ditch unto the Chapel of S. Saviours , the Prior of S. Saviours to perform the like repair ; there being at that time great defects in those Bridges and Ditches .

And they also said , that the Town of Donyngton ought and had used to repair the Sewer of Scathegrafte , Swyneman dam , and Swane lade , in bredth xvi . foot ; and of such depth as that the water running to the river of Byker , and so to the Sea , were not hindred . Which Sewer ought to be open from the first day of March until the feast of S. Martin in Winter ; and so likewise from the said feast of S. Martin until the first day of March , except so great an inundation from the Sea should then happen , as that the said Sewer would not be sufficient , but that the Province of Holand would be drowned : In case of which inundation , that then it might be lawful for the said Town of Donyngton to stop those Sewers , and presently upon the fall of the water to open them again . Which said Sewers were then obstructed through the default of the said Town of Donyngton , that ought to have scoured the same .

And the said Juros farther said , that the Town of Byker ought to repair and clense the said Chanel , from Bondstake to Quadring to the bredth of xxiiii . foot : and that the Town of Quadring , with the Commoners belonging thereto , ought to scoure and repair the said Chanel unto Gosbirkirk , of the same bredth : And that the Town of Gosberkirk , ought to do the like , from thence to the Sea ; to the intent that the fresh waters might not be hindered by the said Chanels and Sewers . And they said that the stream of Byker was then obstructed from Bondstake to the Sea , through the default of the towns of Donyngton and Quadring , and the Commoners of Gosberkyrk , who ought to have clensed the same .

And they said moreover , that the Chanel of Byker , where the Dam was , ought to be open throughout the whole year : but that it would be more expedient , that the town of Byker , for the particular commodity thereof , and for the benefit of the whole Countrey , should make a certain Clow , with two Dores , each of four foot in bredth ; which Clow to be always open , excepting in the time of mighty floods from the Sea .

And they also said , that the Gutters and Sewers in Quadryng were then obstructed by the town of Quadring , and the Commoners thereof ; and that it ought to be in bredth xvi . foot ; and of such depth , that the current of the water might not be hindred ; as also , that it ought to be clensed and repaired by the said town , and the Commoners .

And that the Sewer of Gosberkyrk , called Risgate Ees ; and the Sluse betwixt the Fen and the Sewer , which ought to lye open all the year , as Scathegrafte and Swanelade used to do , were then stopped by the Abbot of Peterborough and town of Gosberkyrk : and that the town of Gosberkyrk , with the Commoners , ought to clense , repair , and amend the said Sewer , Gutters and Sluse , in such places where it had antiently wont to be , viz. through the midst of the Fen belonging to that Abby .

And they said likewise that the Sewer of the Beche , which ought to be repaired and clensed by the towns of Gosberkyrk , Hynsebek and Surfl●te , from the Fen unto Surflete , and thence to the Sea , was obstructed through the default of those Towns : and that one Richard de Hodell had raised a Bank in the course of the said Sewer , by which the passage of the water was hindred .

And they farther said , that the Sewer of Brigefleet , was obstructed by the Town of Hekyngton ; and that it ought to be clensed and repaired by that Town , unto the river at Swynesheved , the Chanel there being sufficient to carry the water down to Kyme mouth Ee ; where it was then stopt by Philip de Kyme to the great damage of the Country .

And that the Sewer , called the Encluse , neer Boston , ought to run at all times of the year ; and that it was stopped every Winter by the men of Boston , at the West end of the Bridge ; as also , that it ought to be three foot in bredth . And that it ought to be repaired and maintained at the VVest end of the said Bridge , by the Inhabitants of Boston .

And they likewise presented , that the Sewer , called Hamondebek , on the South side of Boston , was also obstructed by the Inhabitants of that Town , on the West part of the said Bridge , and by the Inhabitants of Skyrbek : And that it ought to be repaired , clensed , and maintained by the said Inhabitants of Boston and Skyrbek , in consideration whereof , the said men of Boston , living at the West end of the said Bridge , ought to common in the Marsh of the eight Hundreds : and that the said Sewer ought to run at all times in the year .

And they said moreover , that the men of the eight Hundreds ought to clense the Chanel of Swynesheved , from Blalberdeboche unto the North part of Swinesheved Town : and that the said Town of Swynesheved ought to scour the same Chanel from thence unto the stream of Byker .

And that the Towns of Iwardeby and Onsthorpe ought to repair and maintain the South side of the water , which runneth from Happeltrenesse to Kyme ; and that it was then in decay , through the neglect of the Prior of Haverholme , who ought to repair a great part thereof , and refused so to do .

And they farther said , that Philip de Kyme , who ought upon his own ground , to repair a certain part of that side , at the Wathe mouthe , did fail in doing thereof ; and so through the default of the said Prior and Philip , the whole Marsh of Kesteven and Holand was overflowen and drowned , to the destruction of all those Countries . And that the said Philip did divert the course of that water , to the great prejudice of the Country , and especially of the Prior of Kyme .

And they likewise said , that the Prior of Haverholme ought to find a certain boat at the Bothe , neer to the Wathe mouthe , for to carry over foot-folk , aswell by night as day , whensoever any one should pass that way ; and that he did neglect so to do , to the great damage of such people that had occasion to pass that way : And they said that the said water , was the publick passage for all the Kings liege people from Kesteven to the river of Wythum .

And they said moreover , that the Chanel called the Old hee , between the Marsh of Holand and the Marshes of Hekyngton and Kyme , ought to be repaired and clensed by the men of the eight Hundreds of Holand , on the East part ; and by Henry de Beaumont or the Lord of Hekyngton and Commoners of that Town : And on the West part , by Philip de Kyme , from Blalberdebothe to the water of Kyme ; and that it was there obstructed by Philip de Kyme .

And they also said , that the Town of great Hale , with the Commoners there , ought to repair and maintain a certain Causey , from Gerwyk to Pyngelhyrne , both for Foot and Horse-men . And that the beforespecified Town of Hekyngton , with Gerwyk , ought to clense and repair the Chanel of Gerwyk , unto the water of Swynesheved ; that is to say , unto Blalberbothe , and that it was not clensed : but the midst of the said Chanel , next to the Park , on the Southpart , the parson of Hale ought to repair .

And they likewise said , that Burton brigg was the Kings high way ; and that the one half thereof ought to be repaired and maintained by the Town of Burton , together with the Causey on the North part thereof : and the other half by the Town of Helpryngham , with the Causey on the Southside thereof , so that both Foot and Horse men might safely pass to and fro that way , at all seasons of the year : and that it was then in decay .

And they farther said , that Care dyke was a certain stream , which was called the South Ee , and that it extended to Byker Fen : As also that it ought to be clensed and repaired by the Town of Little Hale and the Commoners thereof , on the one part ; and the Towns of Helpryngham and Byker , to Gobhenbothe on the other part .

And they said , that Hachelade was a Common Sewer , and that it ought to run at the same seasons as the Sewer of Scathegrafte did ; but was then obstructed by the Prior of Spalding : and that it ought to be at the entrance of the water from the Marsh of the bredth of one foot , and in depth as much ; and within , through the Town , no less than six foot broad , till it came to the Sea : and that it ought to be repaired by the Town of Pynsebek , to the Sea .

Also they said , that Baston Ee ought to be repaired and clensed by the Towns of Baston , Thurleby , Obthorpe , and Wywelesthorpe , from Catebryg to Estcote , by raising of the Banks higher , and clensing the same on each part : and from Estcote by the Town of Pynsebek , to the Town of Surflete : and thence to the Sea , by the said Town of Surflete . Which Banks did then stand in great need of repair , and raising .

And they said moreover , that Burne Ald Ee ought to be repaired , raised , clensed , and maintained by the Town of Burne and the Abbot of Burne , from Brunne to Goderamescote : and that from thence , the Town of Pynsebek ought to repair the same to Surflete ; and the Town of Surflete from thence to the Sea ; and that through the defect thereof , the whole Marsh of Kesteven and Holand was drowned .

And they lastly presented , that Bollesgate of Multon was a Common Sewer , and obstructed by the Town of Multon : and that the trough called the Gote was carried away by the said Town .

In 18 E. 2. there was an Inquisition * * Ibid. f. 47. b. Et ex Regist. de Spalding penès praef. Ioh. Oldseild , Arm. f. 265. a. taken at Thetford , upon Monday being the Eve of S. Barnabas the Apostle , before Will . de Fareford and Will . de la Launde then Justices of Sewers , for the view and repair of the Banks , Ditches &c. in these parts of Kestevene and Holand . Where the Jurors presented upon their Oaths , that all the Ditches and Banks from Katebrigg in Kesteven unto the Sea in Holand , were broken on each side ; and did then stand in need of repair ; that is to say , to be raised higher by two foot , and thicker by xij . foot . And that the Towns of Thurleby , Obthorpe , and Gylthorpe , lying on the North side of Catebrigge , unto the Cross neer Abbotescote , ought at their own proper chardges to repair , dig , and clense them : And from the said Cross to Abbotescot , on that side , the Town of Brunne : and that the said Town of Brunne had in that place , straitned the Chanel , which ought to be made wider by xij . foot .

And they said , that all the Corners in the Narwe hee , whereby the course of the water was hindred , from the Town of Brunne to Estcote , ought to be taken down . And that all the Trenches , drawing any water from the said Chanel ought to be stopped up , when occasion should require . And that the Banks of the river of Brunne ought to be enlarged , from Levebrigg in Brunne unto Tollon , and be made two foot higher than they were at that time , and xij . foot in thickness . And likewise , that the said Town of Brunne ought to clense the Narwe hee from Brunne to Godram crofte , as need should be .

And they farther said , that the Towns of Baston and Langtoft , ought to repair the Banks , from Catebrigg to the Estcote , two foot in height , and xij . foot in thickness , on the Southside . And that the Town of Pincebec ought to make the Banks from Estcot to Godramcote , on the same side : And from thence to the House of Richard Nye of Serflet , the said Town of Pyncebec , to do the like on both sides : And thence to the Sea , the Town of Surflet on both sides also .

And they likewise said , that the Chanel of Hirnyngbrigge in Pyncbek , to the Sea , was too narrow ; and that the watercourse there , ought to be xxiiii . foot in bredth at the least ; and to be repaired and enlarged from Hirnyngbrigge to the House of Richard Nye , by the Town of Pyncebek ; and from thence to the Sea by the Town of Surflet .

And that every Bridge over the river of Brunne be xiiii . foot in bredth . And that a Sluse be made at Caponbrigg , in bredth xij . foot , at the chardges of Surflet and others receiving the profits thereof : as also that the said waters be kept within their Chanels .

And they said , that the Causey betwixt Spalding and Crouland , was a Common road way , and not repaired , through the neglect of the Abbot and Town of Crouland ; that is to say from the Clot unto Crouland .

And they likewise said , that it would be necessary to have two Sluses at the Kne dyke and Halunleen dee , which were the Common Sewers of the whole Fen betwixt Deping and Spalding ; whereof each to be ten foot in bredth ; and to be made at the chardges of all those which had common in the said Marsh. And they said moreover , that the great Bridge at Spaldyng was then broken ; and ought to be repaired by the whole Town of Spaldyng : and that the ferm of the passage at Pekkebrigg should be bestowed on that Bridge , by the Warden thereof .

And they said , that the King 's high way , called Hoyland brigg , was a Causey betwixt these Provinces of Holand and Kesteven , and then out of repair , through the default of the Town of Donyngton ; viz. from that Town to Newfen dyke ; and from thence to S. Saviours by the Prior of that Monastery .

And they also said , that the Town of Dunnesby had obstructed a certain Sewer , called the Sond , to the damage of the adjacent Towns : And that the town of Hacumby had stopped another Sewer , called the Fenbrigg .

And they said , that whensoever the Chanel , called Bas●on Ee was to be clensed , it ought to be cut at N●uhalle . And that the same Chanel , and Catebrigge to Estcote ought to be digg'd and cut as it antiently used to be .

And they said , that the Prior of S. Saviours , did suffer ten Bridges , at Holand Bridge , to go to ruine , to the damage of the whole Country ; and that the said Prior ought to repair them .

And that the Town of Donyngton ought to clense and scoure the Sewers of Stakesgraft , Swynman dam and Swanelond , so that the current of the water might not be hindred frō the fen to the Chanel which carrieth it to the Sea .

And they said , that there was great necessity of a good Bank for preservation of the Fen betwixt Deping and Spalding , from the House of Iohn the Son of Simon of Spalding to Wodelode ; to be made at the chardge of the Prior and Town of Spalding ; so that each a●re might be taxed alike : and that no Hoggs might come neer that Bank , nor any defensible Banks , in any place of Holand , nor the Sewers therein , by the space of half a mile .

And they lastly said , that all the beforespecified Ordinances , were for the common benefit of the said Towns in Kesteven and Holand : and that every Acre ought to be assessed alike in all taxes and costs , for the necessary repair of the said Gutters , Sewers , Banks , and Bridges .

In 25 E. 3. there was a Petition h h Pat. 25. E. 3. p. ● . m. 23. in dorso . exhibited to the King , and his Counsel in Parliament , by those of these Provinces of Kesteven and Holand , who resided in the Fenns ; shewing , that whereas the antient boundary called Midfen dike , and other metes , which go through the said Fenns , from the river of Weland to the stream of Withum , which had wont to be the old limits betwixt these two Provinces ( as by certain Crosses of stone , then continuing was very evident ) were at that time , by reason of floods and other impediments , so obscured , that no certain knowledge could be thereof ; insomuch as great controversies and debates were occasioned betwixt the Inhabitants in those parts , upon execution of the Kings Writs , and otherwise ; the said King did therefore assign i i Pat. 25. E. 3. p. ● . m. 23. in dorso . Saier de Rocheford , Alexander Aunsell , Simon Simeon , Will . de Skipwith , Thomas de Sibthorpe , and Thomas de Levelance , to take view of the said boundaries ; and to distrain all such persons for the scouring and clensing the same , who ought to have performed that work .

After this , divers years ; viz. in 41 E. 3. Godfrey Fuljaumbe , Simon Simeon , Walter de Campeden , and others , were appointed to view and repair the Banks , Sewers , and Ditches , from Bardney ferry to Catebrig , within the Province of Kesteven ; and within the Wapentak of Ellowe , in the parts of Holand .

Upon a pleading k k Plac. coram Rege t●rm . Mich. 3● H. 4. ●ot . 8. Linc. in 3. H. 4. I find , that on Will . Wyting of Deping was pardoned for the breaking down of two Crosses , which had been set up betwixt these Provinces of Kesteven and Holand , by five of the Kings Justices upon the said King's appointment .

In 3 H. 5. Thomas le Warre , Robert de Wylughby , Will . Lodingtone , Robert Hagbecche , Geffrey Lutterell , Iohn Belle , Iohn Henege , and others , were constituted l l Pat. 3 H. 5● p. 1. m. 17. i● dorso . Commissioners for the view and repair of the Banks , Ditches , and Sewers , in these parts of Kesteven and Holand , then in decay : with direction to proceed therein according to the law and custome of this Realm , ☜ and the Custome of Romeney Marsh : As also to take such and so many workmen and Artificers , upon competent wages , as they should think fit to be imployed in that work , in respect of the great necessity for expedition therein .

The like Commission in 5 H. 5. had Thomas Duke of Clarence , Gilbert Umframvill , William Lodyngton , Iohn Cokayn , Iames Strangways , Thomas de la Launde and others : and to act therein according to the custome of the Marsh , and the law and custome of this Realm .

So also in 26 H. 6. had m m Pat. 26. H. 6. p. 2. m. 23. in dorso . Iohn Viscount Beaumont , Sir Robert Wylughby Knight , Sir Raphe Cromwell Knight , Sir Leo. Welles Knight , Nich. Dixon Clerk , Thomas Merys and others ; with direction to make Laws and Ordinances therein consonant to the Laws and Customs of Romeney marshe ; and to hear and determine of all things touching the same , according to the Law and custome of the said Marsh : As also to imprest Ditchers and other Labourers ; upon competent salaries , and to imploy them in the said work , as long as there should be occasion so to do , in regard of the great and imminent danger , which might by delays accrue .

In 7 E. 4. Richard Earl of Warwick , Humfrey Bourchier , Lord Cromwell , Sir Henry Stafford Knight , Sir Thomas Burgh Knight , Oliver S. Iohn Esquire , Will . Husee , Will . Coote , and divers others , had the like Commission n n Pat. 7. E. 4. p. 1. m. 16. in dorso . for the view and repair of all the Banks and Sewers &c. from Staunford in this County to Dodyngton Pigot , and from thence throughout these two Provinces to the Sea &c.

And in 34 H. 8. Charles D. of Suff. Rob. Dymmoke , Tho. Heneage , Iohn Copledyk , Iohn Hussey and Rob. Tirwhit Knights , Edw. Dymoke , Ric. Themolby ( and others ) Es●uires then Commissioners of Sewers , in these parts , sitting at Donington , decreed ; o o Ex ver. cartacco MS. pe●è● Mo●●t●gu Comitem de Lindsey An. 1660. that the Floudgate , or Sluse under Boston Bridge , should be repaired at the chardges of the Wapentakes of Kyrton and Skirbek , in Holand , for the one half ; and the Wapentake of Ellow and Town of Boston , Law of Sewers made at Doningto● 3. Aug. 34. H. 8. for the other half , to be performed before the Feast of All Saints then next coming ; in as compleat a manner as it had been formerly done by Margaret Countess of Richmund and Derby .

Moreover , that two great Sewers , xx . foot wide , and 5. foot deep , should be made and digged in the divisions betwixt Kesteven and Holand ; from the most Western point at Gotheram coat corner , neer the River of Glen , unto Wragmere stake ; thence to the River of Wythom at Langrake , where then lay a certain Sluse in the said River ; so as the said Sewer and Water-courses were no● above xxxvi . foot one from the other , until they come to Wragmere stake ; and that the menure should be cast betwixt the said Sewers , to raise a firm Bank : And from Wragmere stake , both Sewers to run in one Chanel , of xxx . foot broad , in a direct line ( leaving the division of those Countries ) to Gilsyke , to go wholy in the Eight hundred Fen of Holand . And that the said Sewers , from the River of Glen to Wytham , so intended from the South to the North , should ●all into , enter , and go through all the loads and draynes in the Fenns aforesaid , which came out of the parts of Kesteven to Hamond beck , alias Holand Fen dyke ; to the end , that all the water going together , might the better run , within its own Brinks and Chanels , and the sooner come to the Sluse at Skirbek gote , and the new Gotes , by that decree intended : And that those Sewers should be made in manner following , and in places hereafter named ; viz. first from the said place called Gotheramscote , unto Nestilholm corner , by a right line on the outside of Nestilholme aforesaid , where the Harth stede is , and the limits divyding Holand and Kesteven ; and that the said Sewer should come as neer to the corner aforesaid , as might be , so that it enterd not into the Dyke of Nestilholm aforesaid : And that the said Sewers should be made from the place to the place aforesaid , on the Westside , within the several Townships by the Inhabitants of Burne cum membris , Moreton cum membris , Haconby cum membris , Dunsby , Repingale , Ryngston , Kirkby , Dowsby , Grayby , Aslackby , Mylthorpe , and Pointon , in the parts of Kesteven : and in like sort on the East part , by the Inhabitants of Spalding , Pynchbee , Surflet , Gosberkyrke , and Quadring , in the parts of Holand , by every of the Commoners in their own Precincts : And from the said place , called Nestilholme Harthstede and corner , to the Crosse on Brigdyke , by a right line ( for so the limits thereof do lye ) and that this should be also done on the West side , by the Inhabitants of Poynton , Sempryngham , Byllingborough cum membris , and Horblyng , with Bryg-end ; and such as have Common there : And on the East side by the Inhabitants and Commoners of Quadring , and Donington , in their Precincts .

And from the said Crosse upon Brygdyke , by a direct line also , to Wragmere stake ; because the limits between Kesteven and Holand do lye under the said line ; the said said Sewer should be dyked and made on the West part , by the Inhabitants of Swayton , Thorpe-Latymer , Helpryngham , Great Hale , and Little Hale ; every one in their own Precincts : And upon the East part by the Inhabitants of Donyngton and Byker , in their Townships .

And although it did then appear by two Preambulations ; whereof one was in the xiiijth year of King Richard the second , and the other in the xvith year of King Henry the seventh , that the boundaries dividing Kesteven and Holand , extended by a direct line through Donyngton Inggs , from thence , that is to say , from the Crosse on Brygdyke unto Wragmere stake ; yet it was agreed , that these Sewers should be made , so as neither of them might reach into Donyngton Inggs , for fear of wasting their several grounds ; but be set in the Fen as neer as conveniently and necessarily might be : And from the said place called Wragmere stake , then ( leaving the metes and boundaries of the two Countries ) the said Sewers to be joyned in one , and to be made of the bredth of xxx foot , and cut straight through the West-Causey , directly to Gyl syke , at Langrake , at the only chardge of the Inhabitants and Commoners in the Eight hundred Fen of Holland , and of Skirbeck quarter ; and of the Township of Boston within the Wapentake of Kirton ; and that the earth cast up in the said Eight hundred Fen aforesaid ; viz. between Wragmere stake and Langrake , should be cast upon heaps , lest the water were hindred to fall into the Sewer aforesaid : All which to be done before the Feast of S. Martin the Bishop in VVinter , then next ensuing .

Likewise , that in the said place at Langrake aforesaid , in the bank of the said River , should be set up four new Floud-gates or Sluses of Free stone , each of eight foot wide , for drayning of all the Fens aforesaid , at the costs and chardges of the Towns aforesaid in Kesteven , and of Dekyngton , Kyme and Ewarby , and they by ●qual portions and due rate to make two of them ; and the aforenamed Towns , Commoners in the Fens North from the River of Glen in Holland side , unto the River of Wytham , to make the other two , by equal portions ; and that a rate and proportion should be made in both the said parts ; upon every Town , by the said Commissioners , or any six of them , before the Feast of St. Bartholmew then next also ensuing .

And lastly , that a drayn of xvi foot in bredth , and in depth four foot , should be made in the Law fen , from a place called West banke , alias Holland dyke , overthwart the Hyrn , unto Langrake aforesaid ; that all the waters , falling from the parts of Kesteven into the said Fens , might the more easily be brought to run to the Gotes aforesaid , so to be made as was set forth at Langrake aforesaid ; and that the same Sewer should be made at the equal chardges of both Countries , by the Inhabitants and Possessors of the Towns before remembred : And likewise , that for all the said chardges so severally to be born in the parts of Kesteven , the rate and portion set upon every Township , should be laid according to the manner of laying the xvth granted to the King : And for all the Towns in the parts of Holland , to be done according to the Custome of like payments rated thereabouts : And that all this should be done before the Feast of S. Iames the Apostle , then next ensuing , upon pain of xxl. to be levyed upon every Township , to the King's use , if they should presume to offend in that case .

After this , viz. in 1 Iac. Thomas Lovell Esquire , represented p p R●r . ●arl . 1. Iac. n. 15. Inter Acta ●rivata per Breve de Ce tiurare remota . to the King , then sitting in Parliament , that forasmuch as for drayning of the Fenns called Deping , Spaldyng , and Pinchebeck , South Fens ; Thurleby Fen , Borne South Fen ; and Crouland Fen ( alias Gogisland Fen ) in the County of Lincolne , humble Petition had been made by the Inhabitants of Deping , and other Towns adjoyning , being Commoners in the said Fens , unto the Lords of the privy Council to the late Queen Elizabeth , expressing the great decay of the said Town , and Inhabitants there , with the benefit , which by the laying of them dry , should redound to the said Queen and her whole Realm . And that the said Lords having consulted with the said Queens learned Council , about the manner and means of effecting thereof : and being , by their directions , by Writs of Ad quod Dampnum , and Inquisitions of Jurors , thereabouts inhabiting , duly taken and certified , and returned into the Chancery , and there remaining of Record , informed of the truth of the said Petitions , and of the great benefit , both to the said Queen , by the saving of a great yearly chardge , about the repair and amending of the Banks invironing the said Fens , for defence against the Rivers of Weland and Glene , running on both sides , and clean above the soyl therof : as also , that the same was no ways prejudicial , either to the Navigation , or to the Common-wealth &c. did direct their Letters to the Commissioners of Sewers in the said County &c. requiring them to take care thereof , and according to the Laws of Sewers , to see the same effected ; commending likewise unto them ( as by the ●aid Petition they were required ) Thomas Lovell Esquire , a man skilfull in like works , wherein he had been beyond the Seas much used and imployed , as one fit and much desired by the said Inhabitants , to undertake the drayning of the said Fens .

Whereupon the said Commissioners of Sewers &c. did make and establish certain Laws &c. viz. at Borne the xxth of Aug. 41 Eliz. And at Market Deping xx Sept. 41 Eliz. and lastly at Mark●t Deping xxx Aug. 42 Eliz. by Tho. Lord Burghley , Edw. Heron Sergeant at Law , Robert Wingfeld , Richard Ogle , Anth. Ireby , Iohn Wingfield , Henry Hall , Tho. Lovell , William Rigden , Tho. Lambert , William Lacy , Edm. Mounsteven● Leonard Bautre , Mathew Robinson , Tho. Ogle , and Robert Audley Esquires , Commissioners of Sewers .

By which Laws it was decreed , that the said Tho. Lovell should undertake the drayning of the said Fens above-mentioned , viz. at the costs and chardges of the said Thomas , his Heirs and Assigns , within five years , from the xxth of Aug. in the said xlith year . And he to be chardged with the Banks compassing the said Fens ; with the diking , scouring , and roding of both the said Rivers &c. with Bridges , Stakers , Drayns , and other things , by the said Laws imposed .

And that he the said Thomas , in consideration thereof , should have a full third part of all the said Fens , to be laid out by metes and bounds , by certain men thereunto appointed , under such conditions &c. for the drayning of the other two parts &c.

And whereas the said Thomas , by virtue &c. of the said Laws , had taken upon him the chardge of the said drayning , &c. and therein spent his whole estate , to the value of twelve thousand pounds and more : and yet by reason of certain questions wilfully stirred &c. between the Counties of Kesteven and Holand , about the metes and bounds of the said Countries , lying in the said Fens , whereby not only the said Thomas could not have his said third part allotted and set out unto him , according to the time and manner set down in the said Laws &c.

And whereas for the deciding those controversies , there was the 8th of April , in xliiij Eliz. a solemn meeting of many Knights and Gentlemen , strangers to both the said Countries ; who did ●ot only set down and determine the cause of the said bounds ; but did also set out and assign the said third part belonging to the said Thomas Lovell ; as by the Laws &c. made at Spaldyng aforesaid , the day and year aforesaid , by Sir Henry North Knight , Sir Iohn Bolles Knight , Valentine Browne , Henry Warner , Robert Bevill , Robert Wingfeld , Anthony Ireby , Rob. Cotton , Richard Coxe , Robert Ietherell , and Iohn S. George , appeareth . According to which division , the same was , by men skilfull in surveying , divided and set out .

Since which there hath been divers Conferences and Agreements , for two several Drove-ways through the said third part , which was lastly set down , by way of Laws of Sewers 17th of March 45 Eliz. by Tho. Lord Burlegh , Edw. Heron &c. Commissioners of Sewers , with allowance to the said Tho. Lovell of as much ground out of the said Fenns , as the said Drove-ways contain : which , together with the rest , making up a full third part , was by metes and bounds assigned to the said Tho. Lovell , and which he begun to enclose , but could not perfect the same , in regard of the unseasonablenesse of the times , and riotous lets and disturbances of lewd people , casting down his Banks &c.

It was therefore enacted c c Ibid. , that the said Thomas , his Heirs and Assigns , should for ever enjoy the same third part so set out &c. upon condition , that if he did not fully perfect the said drayning within the space of three years , from the 20th of August then next ensuing &c. And after that , maintain and keep them &c. firm and depasturable in Summer and Winter , except three hundred Acres , or thereabouts , to be left in the said Fens , called Spaldyng and Deping Fens , and Gogsland , for Lakes and Sikes ; and xl Acres in Borne and Thurlby Fens , and excepting the Drayns and Sewers then in the said Fenns , but should suffer the said two parts to be drowned &c. by the space of a year together , after the expiration of the said three years ; and the same certified by xii Commissioners of Sewers , whereof six of the parts of Holand , and six of Kesteven , in the high Court of Chancery , and there Recorded ; that then in case the said ground , within one year following were not recovered &c. then the Lords and Proprietarìes of the said Fens , , to re-enter : And the Inhabitants of Holand and Kesteven enter upon their Common in the said third part , according to their former right .

How far Mr. Lovell proceeded in this adventure , I know not : but his attempt not succeeding ( as it seems ) I find , that the Commissioners for the general drayning of the great Levell ( whereof I shall speak at large by and by ) sitting at Wisebeche on the xxiijth of May , 14 Caroli , for the imposing of several Taxes upon the particular Fens and Marshes , throughout that vast tract ; in order to that work , assessed d d Inter Collect . Comitis de Lindsey . xxxs. an Acre upon Deping Fen before-specified . And afterwards , scil. in Iuly following , sitting at Huntendon , by their Letters , dated the xxiiijth of that Month , and directed to the Lords of his Majesties most honourable Privy Council , certified ; that they had heard all that could be alleged by the Learned Councel of the Earl of Exeter , and the Adventurers , touching that Fen , aswell for ma●ter of Law , as fact and Equitie ; and upon full debate and advised consideration thereof , were unanimously of opinion , that the Tax imposed by the Commissioners at Wisebeche , before-mentioned , was upon just grounds , and ●o resolved : And forasmuch as the same was not paid , they might therefore lawfully proceed to make a Decree , for the further and perfect drayning thereof ; and thereby to adjudge and order , aswell from his Majesty being Lord of the soil , as from the Adventurers and others interessed therein , such proportion of land , as might sufficiently bear the chardge of the work , which would be very great , notwithstanding what had been before that time disbursed by the said Earl and Adventurers .

And they farther certified , that before they would enter into the making of any such Decree , they humbly desired , that they might receive his Majesties pleasure , whether they should proceed therein , or not ; and in case they should , whether his Majestie would become the undertaker of the work himself , and so dispose of it to the said Adventurers ; to do , in respect of their great disbursments therein , whereof they had or could receive little fruit , as the state of the said Fens then stood ; which they wholly did submit to his Majesties wisdome and pleasure ; desiring , that the same might be speedily signified unto them , to the end they might proceed accordingly : and humbly offered this advice to their Lordships , that it might not be left to the power of the Adventurers , or any others that should undertake the said drayning , under his Majestie , ●o perform it by any ways or designs , other than such as his Majestie or the Commissioners should approve , and direct by new Acts of Sewers in that behalf , as the best and most convenient for the perfect drayning of their Fens , and the benefit of other the Fens and parts of the great Levell , thereunto adjoyning ; in regard , otherwise the drayning of these , mig●t prove very prejudicial to the general work : and they moreover desired , that care might be taken , that no more time were lost in the prosecution thereof , but that the same might proceed , that instant Summer , in such a way , as the King , upon consideration thereof should please to direct .

In answer to which proposals , I find his Majesties pleasure signified to the said Commissioners by the Lord Bishop of London from Theobalds , in the same moneth of Iuly ; which was to let them know , that they might proceed to make a Decree , for the farther and more perfect drayning of the said Deping fen ; and thereby to adjudge and order , aswel from his Majesty being Lord of the soil , as from the Adventurers and others interessed therein , such proportion of land , as might sufficiently bear the chardge of the work : And , that because his Majesty intended to see that great work of the whole Levell prosecuted according to his first Princely design ( it being for the Countries good , and his own service ) in such manner , as might have just regard to the perfecting of the same , with most publick and general advantage to the whole Fens , he was farther pleased to declare himself the sole Adventurer , aswell of this particular Fen , called Deping fen , as of the whole great Levell ; and , that he would afterwards , in ordering the same , have a just respect unto such persons of Honour and others , as had any former interest or engagement therein .

To conclude this Chapter , I find by a Law of Sewers , e e Inter Decreta in officio vocato the Pettibag . made at St. Ives , the xvth of October 17 Caroli ; that the Commissioners , therein reciting ; that whereas the Earl of Exeter had a third part of this Deping fen ; as also of Spalding and Pinchbek fens , and of Gogsland belonging to Crouland , by contract made with Captain Thomas Lovell , for drayning of the said Fens , which being not performed , the said Fens did then remain drowned ; they then decreed ; that the said Fens should be surveyed by the appointment of Sir William Ayloff , See more of this in Cap. Liiij . an . 17. Iac. and Sir Anthony Thomas , undertakers , and six Commissioners of Holand and Kesteven ; and a moytie assigned to the said Sir William and Sir Anthony and their Heirs , in recompence of their chardges for drayning thereof : and two thirds of all the grounds surrounded , lying in Spalding and Weston , called Bellesmore , being the grounds of Sir Francis Iones Knight : and two parts of the grounds called Turpitts , lying in Weston aforesaid ; and a fourth part of the ground , called East fen , lying in Moulton ; and in Quaplode and Holbeche the one half .

After which , divers Gentlemen , whose names are exprest in the Map here exhibited , became Adventurers for the exsiccation thereof ; and in order thereto , caused the River of Welland , from Waldram Hall to Spalding , and thence to the out-fall , to be made wider and deeper . The drayn called the Staker draine ( about xx foot in bredth ) for to ease the River of Glen , together with Hill's drayne , and Uernat's drayne they likewise made new ; and perfected Exeter drayne , from Cubbet tunnell almost to the Sea . Neer Spalding they also erected a great fluce , and made all the partition dikes in such sort as the Map sheweth : By which works the water was so well taken off , that in Summer this whole Fen yielded great store of grasse and Hay ; and had been made winter ground in a short time , but that the Countrey people , taking advantage of the Confusions throughout the whole Kingdome , which ensued soon after the Convention of the late long Parliament ( as is very well known ) possest themselves thereof ; so that the Banks and Sewers being neglected by the Adventurers , it became again overflowed , and so remaineth at this time .

CAP. XLIV .

HOw the greatest part of this Province was at first gained from the Sea , I have already in the Chapter of this my discourse briefly manifested : that therefore which now remaineth to be spoken , in reference to it , shall be touching the farther improvement thereof by drayning and banking ; and the support of what was done in that kind before : Wherein I purpose to begin with Crouland , made famous of old by S. Guthlake , an holy Hermite , who neer a thousand years since , for devotions sake , betook himself hither , as to a place of the greatest solitude .

How terrible and hideou● the parts hereabouts then were , considering the vastnesse of the Fen , I need not to make farther relation , having elswhere so fully discours●d of them : I shall now therefore briefly point at what is most memorable touching the same , in order to my present purpose .

After the death of this pious man S. Guthlake , Ethelbald then King of Mercia ( whose Confessor a a Hist. Ingul●●● f. 484 b. he had been ) discerning how renowned he grew , for sundry Miracles , sought out his Sepulture : and having sent for a Monk of Evesham , called Kenulph ( who was then eminent for his holy life ) as also consulted with him for the gathering of a Covent , did , in the year of Christ DCCxvi . begin the foundation of a goodly Monastery , in this place : which he indowed with the whole Isle of Crouland , bounded b b Ib. f. 485. a. with these waters ; viz. Schepishee towards the East ; Nene towards the West ; South Ee on the South ; and Asendik to the North , where the common Sewer then was betwixt Spalding and the said Isle . Which tract of ground containeth four miles in length , and three in bredth : and whereunto belonged those large adjacent Fens , opposite to the said Isle on the West part , lying on each side the River of Weland ; that towards the North , called Goggislond , extending two miles in length from Crouland bridge to Asaph ( where the entrance into the Isle is ) and one mile in bredth ; viz. from the River of Weland , on the South side thereof , unto Apenholt on the North , to the bank of the water . The other part of that fen , lying Southwards of the said stream of Weland , containeth also two miles in length , from Crouland bridge to Southlake , neer the Chanel opposite to Aspath , having two miles also in bredth ; viz. from the said River of Weland to Fyns●tt , on the Verge of the River Nene , which is on the South side of the same Fen.

And because c c Ibid f 485. b. n. 20. the ground whereon the King designed to erect this Abby , was so moyst and Fenny , that it could not , of it self , bear a building of stone ; he brought an infinite number of mighty piles , made of Oak and Alder , which he caused to be driven deep into the ground ; as also a great proportion of firm and hard earth , digged nine miles thence ; and upon those he raised that structure ; that Oratory , which S. Guthlake had there , being only of Timber .

And now , though I have already pointed at the extent of this Isle from the words of the before-specified Charter of King Ethelbald : neverthelesse , because I find it afterwards more exactly set forth , by the confirmation of other Kings ; and that the knowledge of those places therein exprest , may give a clearer light unto what I am to say of th●se Fenny parts ; I shall take notice of two other descriptions of the said boundaries ; that first whereof is by Bertulph King of Mercia , in the year of Christ DCCCLi . viz. d d Ib. f. 4●9 a● from Aswicktost hirne to Tedwarthar , the water of Sch●pish●e ; having the said Isle on the West part , and the fen of Cappelade on the East . And from Tedwarthar to Namans land hirne , the water of the South Ee bounds it , having the same Isle on the North thereof , and the wood of Ancarig ( id est Thorney ) on the South . And from Namans land hirne to Crouland bridge , the River of Nene is the limit thereof , having the said Isle on the East part , and the Fen called Alderlound on the West : And from Crouland bridge to Wodelademouth , the River of Weland is the fence thereto , having the before-specified Isle on the East part of it● and the Fen called Goggeslound on the West . And from Wodelademouth to the common Sewer of Asendik , the said River of Weland is the limit thereof , having the said Isle on the South part , and Spa●ding fen on the North. And from the said Sewer to Aswiktost , doth the water of Asendik bound it , having the same Isle on the South par● , and the Fens of Spalding , Weston , and Multon on the North.

Moreover , of the Fens lying opposite to the said Isle , on the West side , these were then the limits ; viz. from Namans land hirne to Finset ; thence to Groines ; thence to Folwardstaking ; thence Northwards to the stream of Weland , where South lake enters thereinto ; and so passing over the said River of Weland , and ascending to Aspath : thence Northwards to Werwerlake , and so by Harinholt to Mengarlake ; thence to Oggot , otherwise called Dedmans lake ; and so by Apinholt and Wodelake , Eastwards , to Wodelademouth , which is the boundary of the Isle , on that side towards the North ; as Namans land hirne is towards the South . Howbeit the Common of Pasture for Cattel , extendeth farther than the before-specified bounds of those Fens Southwards , even to the lands belonging to the Monks of Medeshamsted ( now Peterborough ) and towards the West of the Lands of the Monks of S. Pega ( now Peakirke ) in the South fens of Weland : and in the North fens , towards the West , to the Town of Deping ● & Northwards to Spaldeling .

The other boundary e e Ib. f. 497. b. is by Edred , King of great Britaine , thus described ( in the year of Christs Incarnation DCCCCxlviij ) viz. from the triangular Bridge at Crouland , by the River of Weland towards Spalding , unto As●ndike , where Asendik falleth into the River of UUeland , on the North part of a certain Crosse of stone , there erected by Abbot Turketill : and so upwards to the East , by Asendick to Aswicktost : Thence to Shepishee on the East side of the same Isle ; and so to Tedwarthar : and there , entring South Ee to Naman land hirne , where the said Abbot Turketill set up another Crosse of stone , six perches distant from South Ee ; the division of the Counties of Lincolne and Cambridge , being in that water ; and the said Crosse being distant from the River of Nene , five perches VVestwards : And so along the said River of Nene , as it runneth to the before-specified Bridge at Crouland . VVhereunto belonged likewise the several fishing aswell in all the waters invironing the said Isle , as in the Pools and Fens within the Precincts thereof ; together with the Marshes and woods of Alderlound , situate VVestwards , and opposite thereto ; all which were annexed to the County of Lincolne , according to these subsequent boundaries ; viz. from Naman land hirne , by the River of Nene , westwards , to Finset ( where there is a Cross of stone set up near the River ) Thence to Grinis : thence to Folwardstaking ; and thence to Southlake , where it falleth into Weland : And so passing over the said River of Weland , and beginning at Kenulphston , near the stream , over against Southlake , where Kenulph the first Abbot of this Monastery fixed a Crosse of stone for the limit betwixt Crouland and Deping : And thence tending Northwards , near Aspath , unto Werwarlake ; and so to Harinholt ; and then up by Mengarlake and Lurtlake , where the bounds of Holand and Kestevene are . Thence to Oggot ; and so to Apinholt ( otherwise called Wodelade ) where the same UUodelade falleth into UUeland .

VVhich ample possessions , though they yielded not much profit , in regard so great a quantity of them , A● . 870. lay then , for the most part under water ; yet can it not be denyed , but that upon the invasion of those Pagan Danes , in the time of Beorred King of Mercia , they hapned to be their chiefest refuge , the lives of most of the Monks of this Abby , being then secured by means of these spacious Fenns ; in the reeds and thickets whereof they hid g g Ib. f. 493. a. b. themselves , to avoid the cruelties of those barbarous people ; whilst the rest of their Covent were murthered , and the Abby burnt . VVhich Monks so preserved ; and , after that woful masacre , returning again , contented themselvs with such habitations , as the ruines , there left , would afford them . Nor had they better , untill the time of King Edred , that Turketill , then his Chancellour , taking to heart those their sufferings , procured that King to rebuild it : and not only so , but out of his singular devotion to God , and affection to this place , giving h h Ib. f. 497. a. six goodly Mannours thereto , and causing himself to be shorn a Monk , became afterwards Abbot there .

Whereupon ( through the munificence of that good King , and the bounty of the said Turketill ) being thus restored to it 's former splendor ; there was no good means unattempted , that might conduce to the bettering and improving of the lands thereto belonging , for the most advantage , as may seem by those endeavors of Abbot Egelric ( in the times of King Edward the elder , and King Edgar ) who plowed up a large proportion of them for Corn ; which could not have been done without the help of drayning , I presume ; for ( saith Ingulphus i i Ib. f. 505. ● . b. ) Fecit etiam , in annis sicciatis , culturam in suis paludibus &c. In dry years , he tilled the Fens in four places , at the four corners of them ; and for three or four of years had the increase of an hundred fold of what seed soever he sowed . Amongst which that Fen at Tedwarthar was the most fruitfull ; the Monastery being so much enricht by these plentifull crops , that the whole Country thereabouts was supplyed therewith : and a multitude of poor people , resorting thither for that respect , Crouland became a large Town .

The same Ingulphus ( who was Abbot here in the Norman Conquerers time ) saith , k k Ib. f. 518. b. that in his days they had not any such Tenants residing here at Crouland , as upon their other Lands , no man delighting to inhabit here any longer than he was necessitated so to do ; insomuch as those who in time of warr betook themselves hither for security ( as great numbers of rich and poor from the neighbouring Countries did ) afterwards returned back to their particular homes : none continuing here but their own domestique family , with their wives and children● to whom he did let to ferm a great proportion of the Marshes and Meadows , belonging to this Abby , for certain annual Rents , and other services . For l l W. Malmes . lib. 4. f. 167. a. n. 10. without Boats there was not then any accesse thereto , there being no path farther than to the gate of the Monastery .

But notwithstanding , that the lands and possessions of this Abby , were , through the great bounty of several Kings , and others , given thereto with divers ample privileges and immunities ; and not only so , but with fearful curses pronounc'd by those pious Donours , against such as should violate any of their grants : neverthelesse it appears m m 〈◊〉 . Ab●● tam 〈◊〉 i● b. ●l . Cot●o● . [ s●● effigie O●●●●● B. 13 ] f. 96. a. , that the Inhabitants of Holand ( bordering on the North-side of Crouland ) having drayned their own Marshes , and converted them to good and fertile arable land , whereof each Town had their proper portion ; wanting pasturage for their Cattel , took advantage of a false rumour then spread of King Henry the second 's death ( it being the xxxv . and last year of his Reign , and he then beyond Sea ) and bearing themselves not a little on their strength and wealth , thought that they might oppresse the poor Monks of Crouland , without any controul .

Whereupon Gerard de Bamvill , Fulke d'Oiri , Thomas de Multon the elder , and Conan son of Helyas , who were much displeased with the said Monks of Crouland for other respects , associating to themselves Richard de Flet , and Walter , with many others , came to Nicholas then Prior of Spalding , and moved him to be their Leader : and to augment the number , all the chief men of Ellow Wapentake , some few excepted , conspiring with them , sometimes had their meetings in the Prior of Spalding's Barn , at UUestone , and sometimes in the Church at Holbeche . When therefore the Abbot of Crouland , according to Custome , kept up his Marshes , as every year he had used to do about Rogation week ; and to the end that his Hay might have the better growth , caused Proclamation to be made upon the Bridge at Spalding , that the men of Holand and others should keep their Cattel from coming thereinto ; they not only refused so to do , but drove in many more than they had formerly done . Whereupon the Abbots servants impounding them , the men of Holand grew very angry ; and having set a day , viz. the Feast of Nereus and Achilleius , they then came into the said Marsh of Crouland , all armed , as it had been to battail , to the number of above three thousand . Whereof the Abbot having notice , he forthwith ( accompanied with a few of his own Family ) met them at the Bank called Asendic ( which is the boundary of Crouland Fen ) and earnestly intreated peace with them ; for he feared that they had a purpose to destroy the Abby , and to that end were so come together . But they answered him scornfully , and passing through the midst of the Fen , shared it among themselves , according to the situation of their Towns . And having so done , pitched Tents and made huts on every side the Abby ; wherein they placed guards of armed men to keep each part thereof . And likewise digg'd turf , cut down a great part of the wood and Aldergroves of Crouland , and burnt them ; depastured their Meadows , and carryed away the Hay , with divers other violences , by the space of xv days : the Abbot and Monks with their servants being all this while shut up , so that they durst scarce go out of their Church dores .

In this lamentable condition therefore , they resolved to make complaint to the Kings Justices ; and to that end dispatch'd a messenger to Geffrey Fitz Piers , then dwelling at Clive in Northamptonshire : who hearing of these great outrages , sent six Knights from Northampton , to be better informed thereof . Which Knights coming first on the East side of the Abby , there found the Tent of Sutton men , who were Tenants to Geffrey de Canvill , and had all sorts of weapons with them ; and said , that they were there by their Masters command . So likewise did all the rest answer , the Tent of Spalding men being the last .

But the Abbot himself , being most sensible of these high oppressions , got out privately , and made all the haste he could to London ; where he represented to Hubert Walter ( substitute to Ranulph de Glanvill , the Kings Chief Justice , then beyond Sea with the King ) and to his fellow Judges , these great injuries and abuses ; shewing them the Kings Charter , which setteth forth the bounds of those their Fens . VVho thereupon much compassionating the said Abbot and his Monks , sent forthwith in the Kings name , to the said Geffrey fitz Piers ; and required him , that he should call before him , the Prior of Spalding , and all those men of Holand ; and to do the said Abbot right upon them : whereof these Riotors hearing , they presently burnt their Cabbins , and went to their own homes .

At the summons therefore of the before-mentioned Geffrey fitz Piers , the said Prior of Spalding , and the other Delinquents , met him at Deping ; to which place the said Geffrey brought many eminent persons with him , upon the Friday in Whitson Week ; where the Abbot of Crouland chardged them with the breach of the Kings Peace , and all the violence and wrong before-specified . There were likewise seven particular men , who stood up , and on the said Abbots behalf , laid to the chardge of seven of the principal offenders , that each of them had damnified the Abbot to the value of xx Marks : Whereupon some of them were sent to Prison to Northampton , some to Rokingham , and some to other places .

The particulars touching this sute ; for it lasted five years , would be too much trouble to rehearse : but at length the Abbot prevailed , and recovered the possession of those Marshes ; the businesse being determined in the year MCXCxiij . ( 5 R. 1. )

But though this sute had then an end , the Prior of Spalding renewed his former claim : yet in the end they came to an amicable agreement n n Ex Chro. A●b . C●oulan●iae compositis tom . H. 7. , 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 o o Ex Chro. A●b . C●oulan●iae compositis tom . H. 7. 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 p p Ex Regist●i● Croyland penè Io● . Old●eild arm. f. 6● . a. 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 q q Pat. 11 E. 1. m. 22. in dorso . 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 .

r r Pat. 10 E. 3. p. 2. m. 8. in dorso . 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 s s Ibid. 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 Ex Regist. de Crouland penès Ioh. Oldfield ann. , 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 said Duke , by his own power , removed the said Abbot from that bank ; and compelled him more by violence , than any reason , to make a bank from Dyke end to Wodelode : which banks the said Duke and his Lordship ought to have made ; by reason whereof the said Abbot and his Tenants were chardged more than they ought to be , almost by three parts .

In Easter Term , which was held at Lincolne xxiij E. 3. the Jurors for divers Wapentakes in this County , presented t t Ib. f. 27. 2. Vide etiam Plac. coram . Rege term . Hill. 24. h. 3. rot. 34. Li●● ; that a certain Sewer , called ShepEe , had antiently wont to run from South Ee , from a place called Douvefdale , through the midst of the Precinct and circuit of the Abby of Crouland , by a place termed Sandistowe , and so directly to the gates of the Brother houses ( which is a Mannour of the Abbots of Crouland ) and that it did there descend into an antient Sewer , called the Old hee ; and so Westwards , under the Gates and Bridges of Brother house , unto a Pool of the said Abbots there where Henry , at that time Abbot of Crouland , had erected a certain house for Oxen , upon the said VVatercourse and Sewer of Old hee , where it had used to run , by right , and so fall into the River of Weland , for the benefit and Commodity of Cambridge , Lincolne , Northampton , and Huntendon shires ; and of all the grounds from Tydd S. Maries , in Lincolnshire , unto Baston on the borders of Kesteven ; as also unto Surflet in Holand : and that it ought to be xx foot in bredth .

And they said , that the same Sewer called Shep Ee , was first obstructed by Roger sometime Abbot of Crouland ; and that the same obstruction was at that time upheld by the before-specified Henry , the then Abbot , to the great damage of those Towns as lye betwixt the Town of Tydd S. Maries and Surflet .

And moreover they presented , that there had wont and ought to be a certain common high way from Spalding unto Brother house ; and from thence to Crouland , of such bredth , as that all passengers might travel thereon with Horses , Carts , and usual droves of Cattel ; which Road-way ought to be repaired by the Abbot and Town of Crouland ; who likewise ought to make Bridges thereupon over all the Trenches , and repair them as often as need should require , so that the passage of Travellers might not be hindred , as then it was , to the great damage of the common people .

And they likewise presented , that the said Road-way from Brotherhouse , was obstructed by a certain Dunghill , laid there by the said Abbots servants , to the hinderance of all people passing that way .

And they farther presented , that the before-mentioned Henry , then Abbot of Crouland , with his Covent , had appropriated to themselves the particular soil of that high way , at the end of Crouland town ; and planted willows and other trees thereon to the great hinderance of those that passed thereon .

And they likewise presented , that there was a certain Causey made by the town of Spalding , for the benefit of that place , directly from Wode lode unto Midfen of Deping , for safeguard of the Pasture of Deping ; and that the said Henry Abbot of Crouland , had in the night time broken down the same Causey , to the damage of the towns of Spalding and Pyncebek ; as also that the water of Spalding could not be preserved , unlesse the same Causey were repaired and maintained .

By reason of which presentment , the Shireeve had command to summon a Jury : who appearing , accordingly , said upon their Oaths , that the Sewer called Shepee , was a certain Ditch , and one of the bounds of the precinct of Crouland Abby ; and so had been time beyond memory : which boundary did extend it self to certain other limits of the said Abby , called Asewygtoft , and from thence to other limits of the same Monastery . And they said , that there was not then , nor ever had been any common Sewer , running from South Ee , through the midst of the precincts of that Abby , since the time of memory .

And they also said , that there was not then any common Sewer at the Brotherhouse : but that the Sewer there was only a drayn peculiar to the Precinct of the before-specified Abby , and within the several grounds of the said Abbot and boundaries aforesaid ; as also at the pleasure of the Abbot and Commodity of the Abby ; viz. to make it and stop it again in what place soever the Abbot and Covent should think fittest . And that the Ox-house there built was in the several soil of the said Abby , and within the before-mentioned limits .

And they said morever , that there was not any common Road-way , for passengers by land , from Brot●erhouse to Crouland ; but only for all passengers by Barges and Boats in the River of Weland ; and that in consideration of hire to be given by those who were owners of the said Vesselss . And that the said Abbot and Town of Crouland , ought not to repair any way there ; nor make or maintain any bridges . And they likewise said , that the servants of the said Abbot did not obstruct any way at Brotherhouse by any Dunghill : but they said , that the place where the same Dunghill lay , was the particular soil of the said Abbot , as in right of his Church of Crouland , and within the limits of that Abby : neither was it laid there to the hinderance of any passengers .

And they also said , that there was not any common Road-way at the end of Crouland town , excepting in the River of Weland , with Barges and Boats , for all passengers upon hire . And that the place where the said Abbot had planted willows , was and had been his own proper soil● , time beyond memory , in right of his Church of S. Guthlake at Crouland .

And as to the Presentment , that there was a certain Causey made by the men of Spalding , for the benefit of that Town , directly from Wode lade to Midfen of Deping ; they said , that the same Causey was wholly upon the land of the Abbot of Crouland , and not to Midfen of Deping : And that the said Abbot was Lord of the Mannour and Town of Crouland , within the precinct whereof was a certain Fen , called Goukeslound ; which Fen was the proper soil of the said Abbot , and so had been of his Predecessors time out of mind , as parcell of their Mannour and Town of Crouland .

And they said moreover , that the floud of fresh waters , descending from the West , into the said Marsh , ●ad always used to passe from thence , into the River of Weland , and so to the Sea . And that certain men of Spalding , and other Towns , had raised the said Causey upon the soil of the said Abbot of Crouland , where never any Causey was before ; by which means the current of the fresh waters flowing in the said Marsh was stopped , and by that obstruction the Marsh of Goukeslound , and other Marshes adjacent thereto , were overflowed ; and the Abby and Town of Crouland in danger of drowning . And the said Abbot perceiving the said Causey to be so unjustly made , and to the danger of drowning the before-specified Abby and Town , came and caused it to be thrown down in divers places , as it was very lawfull for him to do : and that he did not cast down any Causey else : therefore both himself and his Covent were dischardged of the before-mentioned presentment .

In 40 E. 3. the Jurors for divers Hundreds , presented t t Ex bund . de B●ev . & Recordis , Wallias &c. tangen●ibus . n. 10. before Gilbert d'Umfravill Earl of Anegos , and his fellow Justices for the Gaol delivery , then sitting at Lincolne ; that the Town of Spalding ought to scour and repair a certain running River called Weland , from the house of William atte Touneshende of Spalding , unto a place called Brother house ; which they had not done ; and that by reason thereof , great damage did accrue to the Kings Liege people . Whereupon the Shireeve had command to summon the Inhabitants of Spalding to answer this chardge . VVho made their appearance accordingly , by Iohn de Kirketon , their Attorney ; and said , that the River mentioned in that presentment , then was and long had been an arm of the Sea , whereinto the tides did eb and flow twice in xxiiij hours ; and therefore , that they ought not of right to clense and repair it , nor ever had done ; and desired that the Country might enquire thereof . VVhereupon a Jury was summoned .

In 11 H. 6. there was an Agreement p p Ex Regi●● 〈◊〉 Crouland 〈…〉 4● . a. made betwixt the Monks of Crouland and Spaldyng , and Sir Will . Bonevile Kt. and Elizabeth his wife , by Indenture tripartite , touching the making and repair of divers Banks in Crouland aforesaid ; whereof one extended it self from a certain place , called Dovedale clote , unto Crouland brigg ; and another from the said bridge to a place called Brotherhouse ; and the third , called Wynter dyke , in Crouland aforesaid , within the Precincts of South Ee , Nene and Weland : the Monks of Spaldyng and Sir William Bonevill , with Elizabeth his wife , alleging , that the Abbot of Crouland and his Predecessors , had time out of mind used to repair and maintain the same ; and the said Abbot utterly denyed it . The tenor of which Agreement was as followeth ; viz. that whereas there were certain Banks in Crouland aforesaid , in a certain place called the Purceynt , betwixt Brotherhouse and a bank called Quapelodes dyke , begun to be made in two parcels , by Richard late Abbot of Crouland , Predecessor to Iohn the then Abbot ; he the said Iohn and his successors , should within three years next ensuing that Agreement , support and repair them ; and where need should require , raise them higher . And moreover , that within the compasse of those three years , he should make a new bank , betwixt those other two ; so as they meeting all in one , and being of sufficient height , might extend as one bank , from the said place called Brotherhouse to Quapelodsyd dyke , without any breach , gutter , or trench ; and be a sufficient defence against all the flouds of water within that compasse , that might happen on the South side thereof ; which bank to be also made so high , as that the said flouds should not overflow it , nor burthen , break , or overflow a certain bank called Lode dyke , belonging to the Prior of Spalding , and to the said Sir William , and Elizabeth , and others ; nor overflow the lands of the said Sir William and Elizabeth , lying in the Towns of Weston & Multon ; provided that such flouds , which might so happen , were not through extraordinary tempests and rain , much greater than usual : And that the said Abbot and his successors should repair and maintain the before-specified Bank , so to be made as aforesaid , from Brotherhouse to Quapelodesyd dyke , well and sufficiently , in every part , for the term of fourty years , then next ensuing the date of that Agreement .

And moreover , that the same Abbot and his successors , should from the Feast of All Saints then next ensuing , well and sufficiently repair and maintain the said two banks ; whereof one did extend it self from Dovedale Clote before-specified , unto the before-specified bridge at Crouland ; and the other from thence to Brotherhouse , untill the said Bank from Brotherhouse to Quapelodesyd dyke , should be sufficiently perfected ; so that the usual flouds and overflowings of the waters of South Ee , Nene , and Weland aforesaid , might not , in the mean time , do any hurt to the said bank called Lodyke , or drown the lands in Weston and Multon before-specified : provided that such flouds were not much greater than usuall , through excessive tempests and rain .

And the said Prior of Spalding , with his Covent , did then grant and agree , that the before-mentioned Abbot of Crouland , and his successors , should have power and authority , to dig and take , within the soil of him the said Prior and his successors , in Spalding sen , nearest to the said place called Brotherhouse , so much earth , sand , and clay , for the making and repair of the said bank , thus begun and to be new raised , as an hundred Boats could carry upon the River of Weland , each boat containing six Cart loads .

Which Agreement being so made betwixt the parties abovesaid , by the special mediation of Sir Iohn Iuyn Knight , then chief Baron of the Exchequer , and one of the Justices of the Court of Common Pleas , and Iohn Cotesmore another of the Justices of that Court , beareth date upon the Thursday next after the Feast of S. Michael the Arch-angel , in the year before-specified .

After this , viz. in 17 H. 6. upon a Session of Sewers held at Waynflete , upon Saturday next after the feast of S. Michael the Arch-angel , before Richard Haghe and Iohn Langholme , there was a Presentment w w Ib. ● . 79. b. exhibited against the Abbot and Covent of Crouland ; ●hardging him , that he and his Predecessors , time out of mind , had repaired , and so ought to do , a certain bank in Crouland , extending it self from Brotherhouse , unto a place called the Clote ; and thence to the triangular Bridge , in that Town ; and so unto Dovedale Clote , in Crouland ; and that the same was not repaired , to the great damage of the Country . And that the said Abbot and Covent , and their Predecessors , had likewise used to repair another bank in Crouland , called Sharpesdyke , within a certain marsh there , called the Purc●yu● : which bank extended from Brotherhouse , to a place called Plantefeld in Thorney . And moreover , that there was a certain bank in Crouland , called UUynterdyke ( within the said marsh called the Purceynt ) which did reach from the Clote , unto the side of the Abby of Crouland ; and was then in decay , through the default of the same Abbot . And also , that there was another bank , lying within the Purceynt before-mentioned , on the West side of Shepes Ee , extending it ●elf from Dovedale clo●e , near the division betwixt Multon and UUhappelode ; which bank ought likewise to have been repaired by the said Abbot , as it had been by his said Predecessors , time beyond memory . And lastly , that the said Abbot and his Predecessors had usually repaired another bank in Crouland , called Moredyke ( lying also within the said Marsh called the Purceynt ) which bank did reach from Shepes Ee to Asendyke , and was then defective .

Whereupon the Shireeve of this County had command to summon the said Abbot to appear at Alford , upon the Friday next after the Feast of S. Michael the Arch-angel , to answer unto the particulars contained in the said presentment : who came accordingly , and said ; that he himself and some of his Predecessors , with their Tenants and Fermours in the Towns and places adjacent to those banks , had for their own Commodity and benefit , often repaired divers parts of them ; but not at all for the advantage of the Country ; and thereupon did put himself upon the tryall of a Jury . Which , being summoned to appear , came , and said upon their Oaths ; that the said Abbot and his Predecessors , as also their Servants , Tenants , and Fermours of their Lands and Tenements , lying in the places adjoyning to those Banks , had very often for the avoiding of damage to themselves , repaired those Bank , for their own private advantage , ( as he the said Abbot had pleaded ) and not otherwise . And that neither the said Abbot , nor any of his Predecessors had ever repaired them for the safeguard of the Country , or keeping in the water within the said banks , for the benefit and Commodity of the Kings liege people . Wherefore the said Abbot was dischardged from that Presentment .

But after this , viz. in H. 6. time , there was an Inquisition x x Ib. f. 110. a. in cedulâ . taken at Staunford , in this County , before Sir Iohn Beauchamp Knight , then Steward of the Kings Houshold , and Iohn Duke of Norfolk , Marshal of England , and the Marshal of the Court of Marshalsi● in the said Kings Houshold ; where it was found by the Jurors , that there was a certain Clough , called Shiphey , lying at Dousdale in the parish of Crouland , then broken ; by reason whereof , the Lands and Tenements of divers persons thereabouts were overflowed , to their great damage and hindrance ; and that the Abbot of Crouland ought to repair the same , as he and his Predecessors had formerly used to do : which Clough had been broken and out of repair , from the Feast of Easter , in the xxxvi . year of the reign of King Henry the vi . and did so remain at the taking of this Inquisition .

Upon which presentment so made by the said Jurors , as aforesaid , the Abbot of Crouland , by his Attorneys , appeared at Deping upon Thursday next after the Feast of All Saints , in the second year of King Edward 4th , before the Steward and Marshal of the Kings Household ; and pleaded not guilty as to the said chardge : but because he would not contest therein with the King , he submitted himself , and desired that he might be admitted to his fine ; and was accordingly ; which the Court assessed at vis. viij d.

In 3 H. 5. there was an Award y y Ex Chron. de Cro●land compositis t●mp . H. 7. made betwixt the Abbot of Crouland , and the Inhabitants of Spaldyng and Pinchebec , by Iohn Woodhouse Chancellour of the Dutchy of Lancaster , Iohn Leventhorp Receiver , and Will . Babington one of the Council of the said Dutchy , with the assistance of Richard Norton , Chief Justice of the Common Pleas , and the rest of the then Justices of that Court ; who did decree to the said Abbot and his successors , all the soil of Goggisland , together with the whole fishing and fowling therein ; and that the said Inhabitants of Spalding and Pinchebec should be excluded from taking any other profits therein , excepting Common of Pasture .

CAP. XLV .

HAving now done with what concerns that sometime famous Monastery of Crouland , I shall proceed with the remainder of this Province : but before I descend to speak in particular as to the support and maintenance of those antient banks , so long before made for the gaining thereof from the Sea , and it's defence against the fresh waters ; as also such works of drayning , or otherwise , as tended to the better improving of all or any part of the same , I think it not impertinent to take notice , that these following Marshes and Fens are observed to have long since been within the limits of it ; viz. ( in the year of Christ DCCCxxxij . ) in a a Ingul● . f. 487. b. Langtoft , to the extent of two miles in length , and as much in bredth . In b b Ibid. Baston xvi furlongs in length , and eight in bredth . In c c Ib. f. 488. a. Holbeche and Capelade ( in the year DCCCLi . ) five thousand acres : and in the Norman Conquerors time , in d d Ib. f. 516 b. Algarekirk ten Ox gangs , then waste by reason of the Seas inundation .

Next to observe , that King Henry the first did h h Vide cap. xlii afforest a great part thereof , aswell as of Kesteven ( already spoke of ) And that King Iohn did , in the fift year of his reign , deafforest i i Car● . 5 Ioh. m. 6. n. 30. all those lands that belonged to Surflet , Gosbercherche , Quadavering and Dunnington .

As to the Sea-banks , in this Province , I find no mention of them till King Henry the third's time ; but then it appears that the said King directed his Precept k k Claus. 38. H. 3. in dorso m. 15. to the Shireeve , to distrain all those that held any Lands lyable to the repair of them , to the end that they might be repaired as they ought and used to be : which Tenants were afterwards to have allowance thereof from their Landlords .

And about four years afterwards , viz. in 44. H. 3. the said King , by his Letters l l Pat. 42 H. 3. m. 14. in dorso . Patents to Henry de Bathe ( of whom I have had occasion to make signal mention in my discourse of Romeney marsh ) reciting , that whereas , through the inundation of the Sea into these parts of Holand , inestimable losse had hapned , and more was imminent , as he had credible information ; and that by reason thereof he had sent his Precept to the Shireeve of this County , to distrain all those , who held any Lands and Tenements in these parts , which ought to contribute to the repair of the Ditches , Bridges , and Banks of the Sea , and Fens therein , in order to the repair and maintenance of them , according to the quantity of their said Lands : Neverthelesse , for the manifestation of his greater care of that work , he appointed m m Pat. 42 H. 3. m. 14. in dorso . the before-specified Henry , together with the said Shireeve , to provide forthwith for those repairs ; and to make distresses for the same , in such sort as he should think most fit and conducing to the benefit and security of those parts ,

In 47 H. 3. there was a presentment n n Inter Brev●a Regis & Record● temp. E. 3. bund . 2. n. 8. by a Jury exhibited to Martin de Litlebury and his fellow Justices Itinerant at Lincolne , on the morrow after the Clause of Easter ; shewing , that anti●ntly in the time of old Will . de , Rumare Earl o● * * ●o●ius Lin●colne . Chester , it hapned , that two men carrying a Corps from Stikeney to Cibecey , to be buryed in the Church-yard there , drowned it on North dyke Causey . Which being told to the said Earl , Vid● etiam R●gist . de Crouland , pen●s Ioh. O●d●ield arm. f. 41. a. he acquainted the Abbot of Revesby therewith ; and advertised him , that he and his Covent , ought at their own proper chardges to repair and maintain the said Causey , in consideration of two pieces of ground , which he the said Earl had given them , to that purpose for ever ; whereof one was called Heyholme , and the other West fewer , containing about sixscore Acres , and worth by the year vil. And the Jurors farther said , that the before-specified Abbot and Covent , which then were , did receive that land of the gift of the said Earl , for the maintenance of the same Causey , for ever ; and that they did accordingly repair it for a long time , untill that one Robert de Ha●les Archdeacon of Lincolne , at the re●u●st of the said Abbot and Covent , made a Collection throughout all his Archdeaconry for the maintenance thereof ; with which moneys so gotten , the said Monks of Revesby repaired the same , untill about ten years before the exhibiting of the said Presentment ; but after that time suffered it to go to ruine . VVherefore they p●ecisely said , that the before-specified Abbot and Covent ought to repair and maintain it still , and no other .

And being asked , whether that the Abbot and Covent could keep it in repair with the yearly value of the said land : they answered , that they might . And they said likewise , that William de Rumare , son of the said William , did after the death of his Father , confirm to the before-specified Abbot and Covent , the land above-mentioned , in pure alms , for the maintenance of that Causey ; at which time he made the said Abbot and Covent swear , that notwithstanding the said confirmation so made to them in pure alms , they must repair and maintain the same Causey as they had before that time used to do : alleging , that for the want of repair thereof , divers persons were drowned every year .

And the said Jurors for the Wapentakes of Kirk●tone , Ellow , and Anelund , chosen to enquire concerning a certain Causey , called Holand Causey , * * Sive Bryg dyke . and of the bridge called Peckebrigge , said upon their Oaths , that , in truth , one Robert Iokem of Horbelinge , antiently gave to the Prior of S. Saviours , one messuage , and one yard land , lying at the head of the said Causey , neer to the very site of the said Priory ; to have and to hold to them and their successors , for ever , for the reparation and maintenance of the before-specified Causey from the head thereof , towards Kesteven , to the Innome o● Douingtone . And for that consideration were those Canons of S. Saviours enfeoffed of the said messuage and land , to maintain the same Causey for ever .

And the same Jurors also said ; that the before-mentioned Canons did afterwards obtain a Bull from the Pope to exhort the people of the Country to contribute towards the repair of that Causey ; by means whereof they collected much money ; and that with those moneys , as also with the profit of that messuage and land , and other moneys bequeathed unto them by several great men deceased , they used to repair the same , till within twenty years then last past , that they were hindred , by reason of a floud , that they could not do it . And since that time , that they imployed those moneys so collected and bequeathed as aforesaid , in purchasing of lands . And they said directly , that those Canons ought to maintain the same Causey , from the head of Holand bridge unto the Innome of Doningtone , and not any other : And that with the revenue of that messuage , and what they had so purchased , they might very well do it .

And they said moreover , that the Inhabitants of Doningtone ought to repair and maintain the before-specified Causey , from that place called the Innome unto the head of the same , towards Holand , in respect of their lands lying on each side thereof , and by reason of the said ground called the Innome , granted to them by the Country .

And as to the said bridge called Peckebrigg , they said ; that before the foundation of the Priory of Spalding , there was not any there : and that the Prior of Spalding did antiently first build it ; and being so built , that he and his successors did ever afterwards repair it ; by reason whereof they took Toll of all strangers passing over it ; and at that time did also so do . For which reasons , they said , that the same Prior and Covent of Spalding ought to maintain the same , and no other person whatsoever . And being asked of what bredth the said bridge and Causey ought to be ; they said that the Causey ought to be so broad , as that Carts and Carriages might meet thereon , and the bridge of Peckebridge , so wide , as that men riding on Horse back , might also meet upon it .

And because it was found by the said Inquisition , that the before-specified Abbot and Covent of Reves●y ought to maintain the Causey called North dyke , by reason of that land so given unto t●e● by the before-mentioned William de Rumare : And that the Prior and Covent of S. Saviours ought to maintain that part of the said Causey , called Holand bridge Causey , by reason of those their Lands and Tenements , as aforesaid ; and the men of Deningtone , the other part ; the Shireeve had command to seize the before-specified lands into the Kings hands , and to retain them , until such time as they should give security for the repairs abovesaid ; and that this should be done before the Feast of S. Michael then next ensuing .

The like command he had to distrain the Prior and Covent of Spalding , by all the goods which he could find of theirs , within his Bayliwick , for the repair of the said bridge called Peckebrigge , within that time .

In 50 H. 3. the King being advertised , o o Pat. 50. H. 3. m. 30. in do●so . that aswell his own lands , as the lands of the Prior of Spaulding , and others , lying in this province of Holand , were in very great danger , through the decay of the Banks , Ditches , Gutters , and Sewers in divers parts thereof ; did p p Pat. 50. H. 3. m. 30. in do●so . assign Iohn le Moyne , and Alexander de Montefort , to enquire by the Oaths of honest & lawful men of the same Province , who they were that then had safeguard and preservation by those banks and Sewers against the Sea , and ought to repair the same : and also to distrain all those that were Land-holders within the Wapentake of Ellowe , for to repair the same Banks , Ditches , &c. so that every Acre might be equally assessed , whosoever held the same : and being so repaired , to maintain them in such sort as they ought to do , according to the proportions of their Tenements . The like Commission q q Pat. 3 E. 1. m. 21. in do●so . had Thomas de Frankton , Iohn Beke , and the before-specified Alexander de Montefort , in 3 E. 1. for the same Banks and Sewers .

In the same year , upon a pleading r r Plac. de Banco Octab. Trin. 3 E. 1. Rot. 8. Linc. , concerning the Banks , lying in a certain place called Cadenham toft , it was found that they were in very good repair .

In 6 E. 1 there was a complaint s s Pat. 6 E. 1. in dorso m. 9. made to the King , on the behalf of Henry de Lacy Earl of Lincolne , that he had received extraordinary damage within his Lordship and Lands in Swaneton , by inundation of the fenns betwixt Swaneton and Dunnington , and other Towns adjacent , by reason that the Sewers , Ditches , and Gutters , which had wont to be there in the time of his Ancestors , were then obstructed , and the Bridges in ruine , through the default of those that ought to repair them : The said King therefore assigned t t Pat. 6 E. 1. in dorso m. 9. Raphe de Hengham and William de Norburgh , to enquire who ought to repair the same , and to distrain them thereto .

The next year following , upon inforformation u u Pa●. 7 E. 1. m. 8. in do●so . that the Inhabitants within the Wapentake of Kirketou had sustained much losse by the overflowing of Haute Hundre fen , in the said Wapentake , in regard that the Sewers , Ditches and Gutters , formerly there , were then obstructed , and the bridges decayed , by means of a certain controversie , which had long been betwixt Iohn de Britaine Earl of Richmund , and Robert de Grelly , touching the metes and bounds of that Fen ; and through the default of those who ought to have repaired those Sewers , Ditches , &c. the King therefore appointed w w Pa●. 7 E. 1. m. 8. in do●so . Iohn Beke , and N. Stapleton to enquire thereof &c.

VVhat was done therein I find not ; but the next year following , the King , by the advice of his Justices , commanded Iohn Beke , N. de Stapilton , and Roger Loveday to enquire * * Ex Regist. de Spalding penè . I●h . Old●eild Arm. ● . 255. a. who ought to repair the Bridge called Peccebrig , and the two Bridges in Spalding ; who finding by Inquisition , that the Abbot of Croyland , the Prior of Spalding , and all men holding lands in Spalding were obliged to the repair of them , according to the proportion of land which they held in the said Town , so that every acre were assessed alike , summoned the Prior of Spalding and all the Free-holders in Spalding to come before them : who all of them , excepting the Abbot of Crouland , appeared , and consented for themselves , their successors and heirs , to repair and maintain those Bridges , according to the quantity of their lands that they had there ; provided that the said Abbot would do the like for his . And because the said Abbot absented himself , and refused , command was given to the Shireeve , that he should summon him to appear before the Commissioners before-specified , at Boston , upon the Eve of S. Laurence . At which time he accordingly came ; and in the presence of Raphe de Hengham , I. de Metingham , W. de Burenton , and Roger de Leicestre , agreed for himself and his s●ccessors , to do as the said Prior had done ; viz. that they , with the consent of the Free-holders of Spalding , would repair and maintain those Bridges , according to the proportion of their lands in that Town ; so that every Acre should be assessed alike , of the demesnes aswell new as old , and of the Villenages : And that if any shops or stalls should be built upon the said Bridges , all the benefit arising by them should redound to the repair and maintenance of the same .

In 12 E. 1. Iohn de Wigetost , having commenc'd a sute against Iohn the son of Osbert de Swyneheved , and divers others , for making of Ditches in the said Fen , called Haute hundre fen , Swyneheved , Wyktost , Sotterton , Algerkirk , Kirketon , Fraunkton , Wyberton and Skyrbek , so that he could not drive his Cattel to the said Fen ; desired x x Plac. coram . Rege apud Linc. term . Hill. 12. E. 1. ●ot . 12. Linc. license to withdraw his sute : which was granted .

About two years after after this , there was * * Lel. Coll. vol. 2. p. 381 a great inundation in these parts , at which time the most of Boston was drowned : and the Monastery of Spalding suffered much loss .

The King therefore having advertisement , that excessive damage had befallen this Province by the want in repair of the Causey called Holand Causey ; and by the decay of the Banks , Ditches and Sewers in these parts , gave special command p p Ex praef. R●gist . de Crou●land pe●è Ioh. Oldfeild arm. f. 42. 1. to Iohn de Vaux , and his fellow Justices itinerant in this County of Lincolne , that they should search their Rolls , and send unto him , aswel such Inquisitions as had been made by them , touching the repair of that Causey , Banks , Ditches &c. as those which were taken by Martin de Littelbury , and his associates , Gilbert de Preston and his ; as also of other Justices itinerant in this County , in the time of King Henry the third . Who did accordingly : which Inquisitions , so transmitted , as aforesaid , did then remain in the custody of Sir Raphe de Hengham , upon a certain file of Records of the xxth year of this Kings reign . Upon perusal whereof by the Justices of the Common pleas , they thought not fit to proceed to judgement ; nor to cause any distresses to be made ; because it did not appear , by what had been done therein , that any of the parties consented thereto , but rather that th●y were taken in their absence : for which respect they deemed it necessary , that all such persons , as were concern'd in that businesse , should appear in Court , that the matter might be argued and determined in their presence . And because they thought , that it would be too much trouble and inconvenience for so great a number of people to appear before the King , wheresoever he might then be in this Realm ; and therefore that it might be better to have the same ●iscussed in these parts ; the said King , did by the advice of those his Justic●s itinerant , direct his precept unto Iohn Beek , Nicholas de Stapilton , and Roger Loveday , that they should enquire , who ought to repair those Banks , Ditches , and Bridges , and to distrain them thereto .

Who accordingly making Inquisition , first concerning the bridge , called Pekkebrig , and then of the two bridges in Spaldyng ; and finding , that the Abbot of Crouland , the Prior of Spalding , and all the Land-hol●ers in Spalding , were obliged to those repairs , according to the proportion of land , which each man had in that Town , so that every acre were alike ; did th●reupon summon the said Prior of Spalding , and the whole number of the free-holders in that Town : All which , excepting the said Abbot , appeared ; and agreed for themselves , their successors and heirs , to repair and maintain those Bridges , according to the quantity of their lands in that Town , though the said Abbot would not consent thereto , for his portion . And because the said Abbot did absent himself and refused ; the Shireeve had command to give him special summons to appear at Boston , upon the Eve of S. Laurence : at which tune he came thither before the said Commissioners● and in their presence , as also in the presence of Raphe de Hengham , I. de Metingham , W. de Brumpton , and Roger de Leycestre , accorded , for himself and his successors ; that they , with the assistance of the Inhabitants of Spalding , would repair and maintain the said Bridges , according to the proportion of land , which each of them had in that Town ; so that every acre might be assessed alike of the demesnes aswell old as new , and of those held in Villenage : and that if any shops or stalls should be built or planted upon those bridges , all the profit arising thereby , to be imployed in their repair .

In 15 E. 1. W. de Carleton and Will . de Candlesby were constituted * * Pat. 15 E. 1. m. 14. in do●so . Commissioners to enquire through whose default the Sea-banks in this Province were in decay , and so consequently broken , by the violence of the tides , to the great damage of the Inhabitants , much of their low grounds being thereby drowned .

And by an Inquisition † † Ex Regist. de Spalding ● penès Ioh. Oldfield Arm. f. 256. a. taken at Scoft , near Trokenhou , before Simon de Ellesworth , and his fellow Justices , upon Monday next after the feast of the Epiphany , in the xxiith year of the reign of the said K. Ed. the first ; it was found , that the Towns of Tid , and Sutton , in this Province of Hoiland ( in Lincolnshire ) and of Tid , Neuton , and Leverington in the County of Cambridge , could not be preserved , except the fresh water of Scoft neer Trokenhou were restrained unto the bredth of four foot : and 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 penal●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 P●terborough brought an Assise y y Ex Regist. de Peterborough quondam penès Rob. Wingfield Eq aur. f. 156. a. 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 i● 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 z z Ex Regist. de Croyland pe●ès Ioh. Oldfeild arm. f. 49. ● . Et Pat. 22 E. 1. m. 28. in dorso . ; 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 a a Ex Regist. de Croyland pe●ès Ioh. Oldfeild arm. f. 49. ● . Et Pat. 22 E. 1. m. 28. in dorso . 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 a●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 the Epiphany , under the penalty of CCl.

And the before-specified Jurors farther said , that there was a certain Gutter made in the Town of Multon , called Bollisgote , which ought to be repaired by the Inhabitants of that Town , according to the number of acres which each man held : therefore summons was given them to perform the same accordingly , in form aforesaid , before Whitsontide following , upon pain of an hundred pounds .

But upon Thursday , which was the Eve of S. Barnabas the Apostle , at the request of some of the Country , the Commissioners above named , came to view the before-specified Chanel , and to enquire by the said Jurors what was done in order to their Decree . Where being met , the Jurors presented , that the Sewer which led to that streightning , down to the Sea , lying betwixt both the Counties above-mentioned , ought to be enlarged to xx foot in bredth , viz. on each side ten foot . And because it was found by the said Jurors , that the before-specified Decree for that straightning of the Chanel abovementioned , could not be done within that time prefixed , as it ought to be , in respect of the great abundance of water , it was respited till the feast of S. Peter ad Vincula ( commonly called Lammas : ) and so likewise was the making of the said Sewer ; and that each Town adjoyning to the same Sewer should make it , so far as their Land did extend . And thereupon came Adam de Tydd , and other of the Inhabitants of Tydd , and consented to make and repair , the Ditch of Sutton Marsh , betwixt Schoft and Gedeney , according to their number of Acres ; provided that they might not be chardged for their Land lying in Tyd Marsh before the said Marsh was defended by those Sewers , and straightning that Gutter of Schoft .

In 23 E. 1. upon an Inquisition b b Ex Resist . de Peterborongh , penè praetatum R●● . Wing●eld● Eq aur. f. 161. a. u. taken at Gosberchirche within this Province of Holand , on Friday in Whitson week , before Adam de Crokedayk and William Inge ; it was found , that all the Landholders within Donyngton , in this Province , ought , according to the proportion of what they held , repair and maintain the Causey of Holand , with little Bridges ; and likewise Ditches on each side thereof ; from the said Town of Donyngton to the new Ditch . And that the Prior of S. Saviours ought to repair and maintain the same , in manner as aforesaid , from the said Ditch to the Town of S. Saviours ; in regard that the said Prior had Lands in that Town worth xxl. a year for the repair thereof . And it was then presented by the said Jurors , that there were very many defects , at that time , in the same Causey , for default of its repair by the said Prior and Inhabitants of Donington ; and most of all for want of Bridges , which had been carried away on each side of that new Ditch .

And they also presented , that the Sewers of Scathegarst , Swyneman dam , and Swane lode , ought and had used to be xvi . foot in bredth ; and so deep , as that the water might have a free passage ; and repaired by the Town of Donyngton , unto the River to Byker , which runneth to the Sea , and to be opened from the first day of March untill the F●ast of S. Martin ; and so likewise from the said Feast of S. Martin to the first day of March , except there should happen to be such an a●undance of water at that time , t●at the Sewers could not suffice , but that this Province of Holand would be drowned : and in such case , that it should be lawfull for them to stop the sai● S●wers , opening them again at the c●asi●g of those inundations .

And they said , that for default of r●pair of those Sewers , there was th●n great damage in the Common Marsh adjoyning ; and that then , th●ough the surplusage of water , those Sewers w●re stopt , and not by any other means . A●d they also said , that the before-m●n●ioned Chanel of Byker ought to b● r●paired by the said Town of B●ker , as often as need should require ; and t●at it was not then so deep as it had used to be , for carrying away the water of ●●e said Sew●rs .

And they said moreover , that the Sewer of Quadring Ee had a Gutter ; and that the same Sewer ought to be of the before-specified widenesse and depth , and to be repaired by the Town of Quadring : and that it was stopt up by the same Town , three years past . And that the Sewer of Risgate had Gutters , which ought to be repaired and maintained by the Towns of Gosbercherche and Rysgate ; and that it was obstructed by Ranulph de Rye , towards the Marsh , but four days since : and likewise that it ought to be of the said bredth and depth : And that there ought to be a Sluse betwixt the Marsh and it , of sixteen foot wide ; and also to be o●en in such sort as the Sewer of Scalegarst , unlesse there should happen to be so great an inundation as aforesaid ; but that ceasing , then to be opened . And that the course of that Sewer , which towards the Sea was called Newe Ee gate , had wont antiently to run , directly , through the midst of the Marsh in Gosvercherche , belonging to the Abbot of P●terborough , untill thirty six years before , that by the flowing of the Sea , and the fresh waters , it became obstructed● & thereupon by force made it self another current , which it then held .

And they likewise said , that aswell the water of the Sea , as the fresh , began about three years then past to goul the antient Chanel ; and that the before-mentioned Abbot discerning the same , repaired it , for the safeguard of his own land .

And the said Jurors being asked , whether that the Chanel which the water had at that time , was sufficient for the delivery and evacuation thereof ; answered , that it was : but they said , that the antient course thereof , would be more proper and beneficial than the current which it then had ; because it might be repaired with the lesse chardge , running in a straight line , than by a circuit and crookedly , and sooner dischardge it self . But whether it went in the old , or the new Chanel , they affirmed , that it ought to be repaired and maintained by the Town of Gosbercherche .

And being enquired of the damage which the Abbot might sustain , in case the same water should be reduced into it's antient Chanel ; they said that he would lose fourscore acres of marsh ; in regard he could have no way to it by reason thereof .

And they said moreover , that the Sewer of de la Beche ought to be three foot in bredth , and as much in depth , at the head thereof towards the said Marsh ; and lower , towards the Sea , xvi foot in bredth ; and wheresoever it was to be narrower , to continue the same depth as abovesaid ; and that it ought to run all the year long ; but was obstructed in the time of K. Henry the third , father to the King that then was , by Henry de Bathe ( at that time a Justice Itinerant ) which obstruction was continued till that time , by the Towns of Gosberchirche , Pinchebec , and Surflet : and that it ought to be repaired and maintained from the said Marsh to Surflet ; on one side by the Town of Pynchebec , and on the other by the Town of Gosberchirche , and thence to the Sea , by the Town of Surflet ; and that it ought to run at all times of the year , except in such great inundations as aforesaid .

And they said , that the River of Surflet , into which the Beche did descend , ought to be in widenesse xvi foot ; and that it was then so straightned by the men of Surflet , and raised to such an height , that the water of Beche could not have it's current to the Sea as formerly .

And they said also , that Hachelode was a common Sewer , and ought to run at such times is Scathegarst did ; and that it was obstructed in the time of Prior William , Predecessor of the then Prior of Spalding , and did then so continue . And that it ought , at it's entrance from the Marsh , to be one foot wide , and as much in depth ; but lower to be six foot in bredth , as far as the Sea ; and repaired by the Town of Pinchebec till it came to the Sea .

Likewise that Bastone Ee ought to be repaired by the Towns of Bastone , Turleby , Obbesthorpe , and Wynelisthorpe , from Katebrigge to Escote ; by raising of the Banks , and clensing on each part , by the Towns of Pynchebec and Escote , unto Surflete ; and by the Town of Surflete to the Sea : which Banks did at that time want much repair and raising higher .

Also that Brunne Ee , Tolhou , and Blakekyrk , ought to be repaired , raised and scoured by the town of Brunne , from Brunne to Goderamescote , on the North side ; and on the South to Merehirne : from which places , viz. Goderamescote and Merehirne , the Town of Pyncebek ought to repair it , unto Surflete ; and the said Town of Surflete from thence to the Sea : for default of which repair , great damage was then sustained .

Also that the Sewer of Briggeflecter was then obstructed by the Town of Helytone ; and that it ought to be repaired , clensed , and maintained by that Town to the River of Swynesheved ; whence that River was sufficient for conveyance thereof to Kyme mouth ; where it was then obstructed by Philip de Kime , to the great damage of the Country .

And that the Sewer of Enclouse , neer Boston ● ought to run all the year long ; but was stopped every winter by the Inhabitants of Boston , on the West part of the Bridge there ; and that it ought to be three foot in bredth .

Also that the Sewer of Long drove , was then in good repair , and ought to be maintained by the Town of Pinchebek .

And they said moreover , that Bollesgate , in Multon , was a common Sewer , but then stopped : and the Gutter , called Gote , carried away by the Inhabitants of that Town .

It was therefore decreed , that the said Causey and Ditches should be repaired and made anew , at the chardges of the before-specified Town of Donyngtone ; the said Prior to be chardged according to his proportion , as aforesaid .

And as to those Sewers of Scathegast , Swynemandant , and Swanelode , that they should be o●ened and repaired to the said River of Byker , in bredth xvi foot , and of such a depth , as that the current of the water passing through them , might not be hindred ; and all this to be done at the chardge of that Town . And that the said River be repaired by the Town of Byker , and made of such a depth , as that the water of the before-specified Sewers might passe away . And that the Sewer of Quadringe , and the Gutter belonging thereto , be cleared and repaired , as formerly it had wont to be ; and of the same bredth and depth , at the chardges of the said Town ; and the said Town to be amerc'd .

And that the Sewer of Rysgate , which had been obstructed by the said Ranulph , should be opened at this chardge ; and he to be amerc'd .

And that the said Towns of Gosbercherche and Rysgate should thenceforth be distrained to the repair and maintenance of the same Sewer , in form aforesaid ; and to the making anew of the Sluse there , to the bredth of six foot , as abovesaid .

And as to the current of New Ee gate , Gilbert de Sutton , Steward to the said Abbot of Peterborough , and Iohn de Trikyngham , a Monk of that house , were appointed to give notice to the said Abbot , that he might appear before the above-specified Adam and William at Westminster , upon Wednesday next after the xv of S. Iohn Baptist.

And that the Sewer of Beche should be opened and repaired ( so that it might have the like depth and bredth , and run throughout the whole year , as it had used to do ) at the chardge of the Towns of Gosberchirche , Pyncebec , and Surflete , as aforesaid . And that the River of Surflet , into which the Beche falleth , to be widened and deepned , so as it might be xvi foot in bredth , and so deep , as that the water might have it's course therein as formerly : and to be done at the chardge of the same Town of Surflete .

And that the Sewer of Hachelode should likewise be clensed , and run throughout the whole year ; and at it's entrance from the Marsh to be one foot in bredth , and as much in depth ; but lower , towards the Sea , six foot in bredth : and to be repaired at the chardges of the said Town of Pynchebec , which ought to maintain the same .

As also , that Baston Ee be repaired , clensed , and raised , in the Banks and otherwise , as it ●ad wont to be , at the chardge of the Towns of Baston , Turleby , Obthorpe , and Wyvelesthorpe . Likewise , that Brunne Ee , Tolhou , and Blakekirk be repaired , clensed and maintain●d by the Towns of Br●nne , Pyncebek , and Surfl●t in form afor●s●id , and at their chardges .

And that the Sewer of Buggeflet ● which was obstructed by the town of Hokyntone , be opened at the chardge of that town , and the said town to be amerc'd . And that the Sewer which was stopp●d up at Kym● mouthe , by Philip de Kyme , be opened , at the costs of the same Philip , and he to be am●rc'd . And that the Sewer , called the Encluse , neer Boston , be opened every Winter by the said Town , on the West side of the Bridge ; and the said Town amerc'd . And lastly , that the Sewer of Bollesgate and Molton , which was obstructed by that Town , be also opened at the chardge thereof , and the said Town amerc'd .

In the same year Will . de Shaddeworth and Hugh de Walecote were constituted c c P●t . ●3 E. 1. m. 4. in do●s● . Commission●rs to view the Banks , Ditches and Sewers in this Province , and to take order for their repair . The like Commission 〈…〉 1. m. 23. in 〈◊〉 . in 28 E. 1. had Will . Haward and Thomas de Burnham . So also in 33 E. 1. had e e P●● 33 ● . 1. ●n dors● m. 1● . Robert de Hakebeche , Raphe de Littylbury and Giles de Barentone .

And in King Edward the Second's reign there issued out very many Commissions to the same purpose ; viz. f f 〈◊〉 . 4 ● . 2. p. 1. m. 18. i●●orso . in 4 E. 2. to Thomas de Newmarch , Alan d● Ratheby , Richard de Haddele , and Gilbert Remband , for the view and repair of those in the Wapentake of Kirton .

In 6 E. 2. to f f ●at. 6 E. 2. p. 1. m. 24. in do●so . W. de Friskeney , R. de Cubbledyke , I. de Stikeneie , and A. de Cubledyk , for those in the Wapentakes of Kirketone and Skirbeche , and the parts adjacent .

In 7 E. 2. to g g Pat. 7 E. 2. p. 1. m. 9. in dorso . Roger de Cubeldyk , Laurence de Holebeche , and Walter de Freskeneye , for those only upon the Sea coast in this Province . The like in 8 E. 2. to h h Pat. 8 E. 2. p. 2. m. 4. in do●so . the said Roger , Laurence , and William de Farforde .

In 9 E. 2. upon an Inquisition † † E● Regist. de Spalding , penè I●● . O●dfield Arm. f. 257. a. taken at Boston , before Edmund Deincourt , Lambert de Trikingham , Roger de Copildik , and Robert de Malbirthorp , then Justices of Sewers , upon Tuesday next after the Feast of the Exaltation of the Holy Cross , it was found , that the Town of Donington ought to repair and maintain the Causey of Holand , with Bridges , and Ditches on each side thereof ; viz. from the said Town of Donington , unto the new Ditch : and from the said Ditch unto the Chapel of S. Saviours , the Prior of S. Saviours ought to do the like .

And it was likewise found , that the said Town of Donington ought to repair the Sewers of Scoftgraft , Swinemandam and Swanislad , to the bredth of xvi foot , and of such depth , that the current of the water should not be hindred , unto the River of Biker , which leadeth to the Sea ; and that they ought to be open , from the first day of March , untill the Feast of S. Martin in Winter ; and likewis● from the Feast of S. Martin , untill the first day of March , unlesse so great an inundation of the Sea-water should happen at that time , that the Sewers would not suffice to carry it away , but that the Country of Holand would be ov●rflowed ; and in case of such flouds , that t●e town of Donington might stop t●ose Sewers , and upon the fall of the water● , op●n them again : And it was found , that the said Sewers were then stopt , for wa●t of clensing by the said Town of Donington .

And it was ●ur●●er found , that the said town of Biker oug●t to repair and clense the said River of Biker unto Bondistac ; and from Bandistac to Quadring , the said town of Donington to do the like , to the bredth of xxiiij foot . And that the town of Quadring , with the Commoners thereof , ought to scour and repair the same River unto Gosberchirch to the same bredth : and the town of Gosberchirch to do the like , according to the same bredth , unto the Sea , so that the fresh waters might not be hindred by the said Rivers and Sewers .

And it was also found , that the River of Biker was then obstructed from Bondistake unto the Sea , through the default of clensing it by the town of Donington and Quadring and the Commoners of Gosberchirch : And that the said River of Biker , where the Dam was , ought to have been open all times of the year ; but that it would be more proper , that the said town of Biker , for their own benefit , and commodity of the whole Country , should make a certain Clow , with two dores , each of them four foot in bredth , which Clow to be always open , unlesse a great inundation of the S●a should happen .

And it was moreover found ; that the Sewers and Gutters of Quadring , being then obstructed by the town of Quadring , and the Commoners thereof , ought to be xvi foot in bredth , and of such depth , that the course of the water might not be hindred ; and repaired and clensed by the said town and Commoners . And that the Sewer of Gosverchirche , called Risgate , and the Sluce betwixt the Fen and it , which ought to be open throughout the whole year , as Scatisgraft and Swannislade used to be , were obstructed by the Abbot of Peterborough and the town of Gosberchirche ; and that the town of Gosberchirche , with the Commoners thereof , ought to clense , repair and new make the said Sewer and Gutter , called New gote , and the Sluse whereby the water did antiently passe , directly through the midst of the said Abbots marsh .

And it was likewise found , that the Sewer of the Beche , which ought to be scoured and clensed by the towns of Gosberchirch , Surflet , and Pinchebec , from the Fen to Surflet , and from Surflet to the Sea , was then obstructed tthrough the default of those towns : and that one Richard de Heddil , had raised a Dam in the said Sewer , whereby the course of the water was hindred .

And it was also found , that the Sewer of Briggeflet was then obstructed by the town of Hekyngham ; and that it ought to be amended by the said town , unto the River of Swinesheved , and that there the River was sufficient to carry away the water unto Kyme mouth , which was at that time stopped by Philip de Kime , to the great damage of the whole Country .

And that the Sewer called the Encluse , neer Boston , ought to run for the space of the whole year , but was then obstructed in the Winter season by the Inhabitants of Boston , on the West part of the Bridge ; and that it ought to be three foot in bredth , and repaired by the town of Boston on the West part of the Bridge .

Likewise , t●at the Sewer , called Hamundbek , on the South end of Boston , was then also obstructed by the Inhabitants of that town , on the West part of the Bridge , and the Inhabitants of Skirb●k : and that it ought to be repaired by the said men of Boston to inhabiting on the West of the Bridge , and the m●n of Skirbek : and for that reason all the said Inhab●tants residing on that West side of the Bridge , ought to Common in the Eight hundred f●n ; and that this Sewer ought to run by the space of the whole year .

And that the Inha●itants of the Eight Hundreds ought to clense the River of Swynesheved from Balberdesbothe , unto the North end of Swynesheved town ; and the town of Swynesheved to do the like , from the said place unto the River of Biker .

And moreover , that the towns of Iwardebi and Ousthorp ought to repair and maintain the South side of the w●ter , called Apiltrenesse , unto Kime , and that it was then in decay , through the default of the Prior of Haverholme , who ought to repair a great part thereof , and did refuse so to do . And that Philip de Kime , who ought of right to repair a certain portion of the side at Watemouthe , did not do it ; insomuch as through the default of the same Prior , and of the said Philip de Kime , the whole Fen of K●steven in Hoiland , was overflowed and drowned , to the damage of all those Countries . And it was likewise found , that the said Philip ought to repair that current of the before-specified water , and did neglect so to do , to the great damage of the Country , and especially of the Priory of Kime .

And also that the Prior of Haverholme ought to provide a certain Boat at the Bothe , neer Watemouth , to transport foot-folks over that water , aswell by night as day , so often as any man should have occasion to passe that way ; and that he did not do it , to the great damage of passengers travailing there . And that the said water was the common passage from Kesteven unto the River of Withum : And that the Ditch which is called the Did hee , lying betwixt Holand fen , and H●kinton fen , and Kime Fen , ought to be clensed and repaired by the Inhabitants of the Eight Hundreds of Hoiland , on the East part , and by Henry de Beaumond Lord of Hekinton , and the Commoners of Hekinton , and Philip de Kime , on the West part : and from Balbardesbothe to the River of Kime , and that it was there obstructed by Philip de Kime .

And it was then also presented , that the Town of gr●at Hale , with the Commoners , ought to repair and maintain the Causey of Gerwik unto Pingelhirne , both for Horse-men and Foot-folk : And that the Town of Hekinton , with Gerdwik● , ought to clense and repair the stream of Ge●dwike unto the water of Swineshed , viz. unto Balberdesbothe , and that it was not then done : but the half of the said stream , unto the Park on the South side , th● Parson of Hale ought to clense and repair .

And it was likewise then found , that Burtonebrigg was a common High way , and that the one half thereof ought to be repaired and maintained by the Town of Burton , together with the Ca●sey on the North part ; and the other moytie by the town of Helpringham , with the Causey on the South part , so that horse & foot-folk might at all time pass securely there ; and that it was then in decay .

And it was farther presented , that the head of Caresdik was a certain stream which is called the South Ee , and ought to be repaired and clensed by the Town of little Hale , and the Commo●ers thereof on the one part , and by the Towns of Helpringham and Biker , unto Gobion Bothe , on the other part . And that Hatchtlode was a common Sewer , and ought to run at the same time that the Sewer of Scathegraft did ; but was then obstructed by the Prior of Spaldyng ; and that it ought at the entrance of the water from the Fen to be one foot in bredth , and as much in depth , and within by the Town to be of six foot in bredth to the Sea ; and to be repaired by the Town of Pinceber to the Sea .

And moreover , that Baston hee ought to be clensed and repaired by the Towns of Baston , Thurlebi , Obthorpe , and Winelistorpe , from Calebrigge to Estcote , by raising of the Banks , and clensing the stream on each part ; and from the Town of Estcote , through Pincebec , unto Surflete ; and from the Town of Surflet to the Sea ; which Banks did then stand in need of great repair and raising higher .

And that Brunne hold hee , ought to be repaired , raised , clensed , and maintained by the town of Brunne , and the Abbot of Brunne , from Brunne unto Goderamscote : and from Goderamscote the town of Pinceber ought to rerepair the same to Surflet , and the town of Surflet to the Sea ; for default whereof all the Fen of Holand and Kesteven were overflown and drowned . And they lastly presented , that Bollisgote in Multon was a common Sewer , and became obstructed by the town of Multon ; and that the Gutter , which was called the Gote , was carried away by the Inhabitants of that place .

In 10 E. 2. Roger de Cubledik , Laurence de Holbeche , and Hugh de Gorham were constituted k k Pat. 10 E. 2. p. 2. m. 4. in dorso . Commissioners for the view and repair of the Banks and Sewers , in the Marshes of Gedney , Holbeche , Sutton , and Flete .

The next year following , the Abbot and Covent of Peterborough came to an Agreement l l Ex praef. Reg. de Peterborough quondam penès Rob. Wingfield Eque aur. f. 164. b with Sir Hugh de Cressey , Sir Iohn de Ry , Iames de Bark , and other the Inhabitants of Gosbercherche and Surflete , concerning a certain Sewer in the Marsh of Gosbercherche , newly made from that place which is called N●we Gote , directly to Salten Ee : the tenor of which accord was as followeth ; viz. that the said Monks of Peterborough , did for them and their successors release unto the said Hugh , and the rest , and to their heirs , all the action which they had in respect of any trespasse done to them touching that Sewer . And moreover granted , that the said Sir Hugh , Sir Iohn , and the rest of the Commonalty of the before-specified towns , and their heirs , should make the said Sewer , through the midst of that Marsh , xx foot in bredth , according to the Kings ell , as it then was ; as often as there might be occasion for the same to run , for ever . And if it afterwards did happen , that it should be obstructed , either by the flowing of the Sea , or otherwise ; that in such case the said Sir Hugh and the rest above-mentioned , and their heirs , might have power to clense the same to the before-specified bredth , with as little hurt or damage to the said Abbot and Covent , as might be , so that the said water might have it's passage as aforesaid .

In the same year Roger de Cubbeldyk , Walter de Friskeney , and Robert de Malberthorpe were constituted m m Pa●. 11 E. 2. ● 2. m. 15. in dorso . Commissioners for the view and repair of the Banks and Sewers in these parts of Holand . The like Commission n n Pat. 14 E. 2. p. 2. m. 11. in dorso . in 14 E. 2. had Alexander de Montfort , Humphrey de Litlebury , Everard de Flete , and William de Fayreford , for those upon the Sea coasts and parts adjoyning , betwixt Tidbriggge and Surflete brigge . So also in 15 E. 2. had o o Pat. 15 E. 2. p. 1. m. 25. in dorso . Walter de Friskeney , Robert de Malberthorpe , and Roger de Cubledyke .

In 16 E. 2. Roger de Cubledyk and Alan de Cubledyk were appointed p p Pat. 16 E. 2. p. 2. m. 7. in dorso . to view the Banks and Sewers betwixt the Bridges of Holand and Tid , and to take order for their repair .

The like assignation q q Pat. 17 E 2. ● . 2. m. 26. in dorso . had the said Roger and Alan , with William de Faireford , the year next ensuing , for those betwixt the Crosse of Wolmerstye and Tiddbridge ; Ex Regist. de Spalding penès I●● . Old●iel● a●m . f. 59. b. and for the preservation of the whole Country of Holand , within the Wapentake of Ellowe ; before whom the Jurors presented :

First , for the town of Pincheber ; that all the Sea-banks , and those of the Marshes , which were broken by tempestuous waves , should be repaired and made higher and thicker than they had formerly been : And that , at that time , there were many perches of those Banks , broken and ruinous , by reason , that the lands which were chardged with the repair of them , had long been in the hands of strangers : and therefore they deemed it necessary , that all the lands of the said Town of Pinchebec , should be surveyed anew ; and after such survey , every man to be assessed , according to what he held .

And they also presented , that the water called Brunne * * Now Glene hee , which had it's course through the midst of the before-specified Town , unto the messuage of Richard de Cheile , should thenceforth be stopt below the Weltres . And because that could not possibly be done , by reason of the water coming from far , upon great falls of rain , against which the said Town could not provide , except there were a reasonable out-let made from the said messuage to the Sea , by the River of Surflete , which was too narrow by xx foot ; and that unlesse it were widened to that proportion , the town of Pinchbec would be overflowed every year , in regard that the said current ought to be larger at the out-let thereof , than at it's entrance : therefore , that those Weltres should be viewed , on both sides from that messuage , by such persons who had the frontiers , unto the place called Dounechirne , on the South side of the said River , unto Matehirne ; and on the North side of Douncechirne , unto Godramscote , that they be new agisted , and every man assessed according to the proportion of what he held ; the Agistment antiently having been by Fees , and the residents upon those Fees ; which Fees , and residents , were then come to nothing , and far off ; nor was it known in whose hands they were ; insomuch as every year , the Marshes on each side the River were drowned .

And they said , that the current of water , passing under every Bridge of that River , ought to be xij foot in bredth at the least , it being then too narrow .

And they likewise presented , that Galwe gote ought to be repaired anew by the said town of Pinchebec , and all the Land-holders in Spalding , on the North side of Westlode ; and that the Sewer thereof ought to be xvi foot in bredth ; as also , that neither Flax or Hemp should be watered in that Sewer , upon pain of forfeiture thereof .

And also that Chillegote did then want repair ; and that the Sewer leading thereto should be made in bredth xx foot , from Bucifen gate unto that Gutter .

And they said , that the Sewer leading from Galwe gote unto Chillegote , under the bottom of the Sea-bank , by the town side , ought to be made twenty foot in bredth . And that the Sewer , passing to the Gutter of Scobdyke , within the Town , ought to be xij foot in bredth , unto Lostbridge ; and from thence unto the said Gutter , to be xx foot in bredth . And that the Watercourses , under every Bridge , beyond those Sewers , ought to be made six foot in bredth , at the least : and that the said River , and all the Sewers of the said town of Pinchebec , should thenceforth be clensed , and made of the before-specified bredth , by the Inhabitants there , and all others who had benefit thereby , as often and whensoever need should require .

And they presented moreover , that for preservation of the Town of Spalding , the Sewer of Pe●eholme gote , unto the old Fen dyke , ought to be scoured and repaired , as it had antiently used to be ; viz. from the said Gutter to Capelbrigge , twenty foot in bredth ; and from that old current , unto the Hergate , eighteen foot : and from the Hergate , in the antient course , unto the O●d-Fen dyke , in bredth xvi foot : and that the said Gutter and Sewer were in decay , through the default of the Tenants of the Abbot of Croyland , and the Free-holders of the Prior of Spalding , and the Tenants of the Abbot of Angiers .

And the said Jurors , by Decree of the before-mentioned Justices , did then value the several Acres of land , out of which the said Sewers and all the other Sewers of that Town were to be enlarged , to the value of four Marks of silver , more than they had wont to be rated at . And they presented , that Coldale gote ought to be repaired , and the Sewer belonging thereto , to be xvi foot in bredth . And that Fulnegote stood in need of repair , and the Sewer thereof to be xx foot in bredth from the Smal gate to the said Gutter : And that the current of water , under every Bridge of the said Sewer , was in bredth xij foot ; and that thenceforth , neither Flax or Hemp should be dieved in the said Sewers , nor in any Sewers belonging to the said town : and lastly , that Stelegote should be repaired in it's antient place .

And the said Jurors farther presented , that all the Frontiers , from Fulnegote , unto the Abbot of Croyland's Mill , in Spalding , were then broken , through the default of the Inhabitants there ; and therefore it was ordained , that they should be repaired , as antiently they had wont to be , so that Horses with their Furniture might passe that way , viz. from Peccebrigge to Coldealegote , on the East side of the River ; and from the great Bridge unto Ratun Row , on the West thereof : And , that every man should defend his Frontier with Piles aad stones , where need required .

And they said , that the Road-way , leading from Ratun Rowe , unto the House of Iohn fitz Simon , ought to be so broad , as that two Carts might meet thereon ; and therefore they decreed , that so it should be : So likewise from the House of Emme Colin , unto the Bridge of Wectlode out-fall ; and so to Peccebrigge : and from Coldalegote to the Abbots Mill : And that , of necessity , the Fen-bank , from the Abbot of Croiland's Mill , unto Pichale , should be raised two foot .

And that the great Bridge , called Spalding brigge , was then broken , & ought to be repaired at the chardges of the whole Town , aswell religious as secular persons ; and in like sort Batemannebrigg from Westlode . As also , that the Marsh Banks being then broken in divers places , should be repaired ; and afterwards a new Agistment made of them , because many Lands and Tenements in that Town , were never Agisted .

And they likewise said , that Halmergate , Newgate , Fulnedrove , Spaldingdrove , and ●●e Old Fen dike ought to be repaired ; and that turf , for that purpose , be not digged in those places , to the damage of the Commonalty , nor ....... And , that the Hevidings betwixt Spalding and Weston , abutting upon Weston mere , by the Frontiers ; and to be made in thicknesse xij foot , so that the waters of Weston enter not into the fields of Spalding , by means whereof the fields of Spalding , on the East part of the River of Spalding , were drowned every year .

And they said , moreover , that the Gutter of Wike was then broken , and ought to be repaired by Weston and Spalding : And that Cosnergate was also broken , and ought to be made ; and likewise the Sewer to be xij foot in bredth .

And they also ordained , that all persons dwelling neer to the Causeys in the Town of Spalding , and likewise in Newgate , were obliged to scour the Gutter , against it's breach . And that , thenceforth , Fisher-men should not prejudice the Common Sewers , by Lepes , Weeles , or other obstructions , whereby the passage of the waters of Spalding and Pinchbec towards the Sea , might be hindred .

And they said , that all the Ditches , carrying waters to the Common Sewers , should thenceforth be opened , according to the Ordinance of the Wardens of Spalding and Pinchbec : And that , from thenceforth , no man should stop the course of Westlode , by dung or the like , it being a Common Sewer : as also , that the Gutter , neer the House of Thomas Kaunt in Ratunrow , should be repaired , and the Sewer thereof , in bredth ten foot : and the Sewer of Aufinesgote , in bredth xvi foot .

And they likewise said , and ordained , for the Town of Spalding , and for the common profit ; that all persons , aswell rich as poor , should be obedient to all Mene-works , to be made , aswell in the Sewers , as in the Marsh ; and that every man having one messuage and ten acres of Land , should find , towards that work , one Tumbrell ; and he who had lesse , one able man , of eighteen years of age , at the least : and if the tumbrell should make default , to pay , for every day four pence , and a man two pence ; which hire to be allowed of by the said Wardens , for the behoof of those towns : and that once in the year an Account should be given thereof , upon notice given in the Churches of the said Towns by the Common Cryer .

And they also presented , that the stream of Spalding should be made narrower at Skitishirne , near Peccebrig , on the East part thereof ; and opposite thereto on the West part , with piles , rayes , and stones , by those that received benefit thereby : And that there was one passage at Peccebrig , the profits whereof the Wardens ought to receive , for the benefit of the Commonalty of Spalding .

And they farther ordained , for the advantage of the Commonalty of Spalding , that the Prior of Spalding should defend his corner , called Pes●holmehirne , with piles and stones ; and at the Coninge● likewise : and they that had the Sea Banks , to do the like over against the messuage of Gilbert atte Stowe : And that the Prior and his Bondmen should repair that corner in the River , which was the Frontier in Getegodisplace near unto Coldalegote .

And they said , that the antient Gutter , called Covenham gote , ought to be repaired ; and the Sewer of the same Gutter , in the old current unto the Wardic : and that from the Wardic to Pinegate , the said Sewer should be in bredth ten foot .

And they likewise said ; that all the Ditches on each part of Spalding drove , from the Fen to the Sea , ought to be opened in Winter , so that the current of the water might not be hindred towards the Sea . And that the antient Sewer , betwixt Robert le Organce and Maud atte Barre , ought to be repaired and cle●sed ; and that the course of the water of Chaplgate and of Newgate , descending by rain , might passe away and descend to Coldalegate : And moreover , that the common way , which goeth from the great Bridge , unto Westlode out-fall , was too narrow , and ought to be repaired by those who had the Frontiers , so that people might go and ride that way .

And they said moreover , that the common Road-way , betwixt Pichale and Brotherhous , was cut in sunder with trenches , by the Prior of Spalding , and his Bayliffs : they therefore ordained , that thenceforth Bridges should be made thereon , to the end , that men might pass with Carts and Carriages , and ordinary droves ; and so from Brotherhous unto the Clote : And , that the common way from the Clote unto Croyland , was then in decay , through the default of the Abbot and Town of Croyland : and thereupon they ordained , for the common benefit of the Country , that from thenceforth , there should not be any trenches made , in those places , where Bridges were , to the hinderance of the Kings high way .

And they said , that Newgote ought to be repaired by the town of Weston : So also the South dike of Quappelode and Holbeche by those two towns : And that the Common dic and Chepdic , from Fletebridge to Asewicklade , ought to be repaired by the same Towns .

So likewise the Sewer at Galwegote , running from Thomlande to the Sea ; and to be digg'd deeper , as in ancient time it had been , by those towns . And that the Croffendic of Quappelode ought to be repaired by the Town of Quappelode : So also the Bridge at Wikesdic in Quappelode , so that the passage of the water running under that Bridge , might be in bredth ix foot ; and the courses of the others towards the Sea , be xij foot broad : And that the Sluses built in the River of Quappelode ● from the Fen to the Sea , from thenceforth should be taken away .

And the said Jurors , for safeguard of the town of Holbeche , said ; that there was a certain Sewer , called Pulv●rgote , which ought to be removed , because it did damnifie the whole town : And that the stream of Holbeche , from Bodinesbrigge to the Sea , ought to be clensed : as also , that the said Town of Holbeche could not be effectually drayned by one Gutter , except another were made in Iocesaculand , by the midst of the Creek called Fouleflete .

And they likewise presented , that the Southhedic of Gedeney and Flete , from the town of Sutton unto the Town of Holbeche , ought to be repaired , and made thicker than it had wont to be , by three foot . And , that the Sewer , called the Grist , was obstructed by Adam fitz Alan , and Iohn fitz Alan : as also , that the Bridge , called Igerambrigge , was broken and ought to be repaired by the town of Multon .

And they said , that all these Ordinances were to the common benefit of the Towns of Spalding and Pinchebec , and the other Towns before-mentioned ; and that every acre ought to be equal in all Assessments and chardges , for the Gutters , Sewers , Bridges , and other things necessary to be repaired ; and that all the defects in those Banks , and in the Frontiers which occasioned them , were appointed to be surveyed in such sort as the Bills fixed to the said Inquisition did assign .

And by another Inquisition * * Ib. f. 262. b. , taken on Saturday , being the morrow after Holy rood day , in the xviiijth year of the said King Edward the second 's reign , before the said Roger , William , and Alan , the Jurors presented , that the Sewer , which led from Peseholmgate in Spalding , was very antient ; but that the course of the water was in part new changed , the length of one furlong , for the more benefit than it had been formerly ( as 't was believed : ) and this by the assent of the Prior and Covent of Spalding : And that the Gutter newly placed there , was in bredth three foot and an half , whereunto a Sewer of xiiij foot in bredth did suffice , aswell for drayning the lands belonging to the Abbot of Croyland and his Tenants , as the lands of the before-mentioned Prior and his Tenants .

And they said , that the Gutter of Fulne , and that of Coldalegote , as also the Sewer called Eusinersgote , and the Gutter called Stelgote , being principal Gutters , were broken , and stood in need of repair , so that without the help of Peseholme gote they would not suffice , nor Peseholme gote without the help of the said Gutters , they all being in such great decay . And , that the Hevedinges of Spalding , on Westone side , had used and ought to be whole , but then were cut through in divers places , upon the land of the Prior of Spalding , and others , by reason of which cuts the water of Westone did overflow the lands of Spalding , to the common damage of the said Town .

In the Same year had r r Pat. 18 E. 2. p. 1. m. 6. in dorso . the said Roger , Nich , de Leeke , Iohn de la Gotere of Boston , and Roger de Kymberle , for those on the Sea coasts and parts adjacent , within the Wapentake of Skirbek .

Divers other Commissions also were issued out , in the like kind , in King Edw. the third's time , viz. in Pat. 1 E. 3. p. 3. m. 15. in dorso . 1 E. 3. to Humfrey de Litlebury , William de Dunton , and William de Farford , for the banks in sundry parts of this Province .

In 3 E. 3. to t t Pat. 3 E. 3. p. 1. m. 22. in do●so . Richard de Castreton , William de Fairford , and Iohn de la Gotere , for those betwixt the Crosse at Wolmerstye and Tyd bridge . In 4 E. 3. to u u Pat. 40 E. 3. p. 1. m. 40. in dorso . the said Iohn de la Gutere , William de Ros of Hamlake , Iohn de Multon Parson of Skirbek , and Will . de Farford , for those betwixt Wrangel haven and Boston : and in 5 E. 3. to Pat. 5 E. 3. p. 1. m 36. in dorso . Robert de Malbethorpe , Geffrey de Edenham , Will . de la Lound , and William de Poynton , for those upon the Sea coast betwixt Kesteven and Holand .

In 7 E. 3. the King directing his Precept * * Claus. 7 E. 3. p. 1. m. 24. unto Geffrey le Scrope and his fellow Justices of the Pleas before himself to be holden ; signified unto them , that whereas by an Inquisition , then lately taken before Robert de Malberthorpe and his associates , Commissioners for the view of the Banks , Ditches , Gutters , Sewers , Bridges , Causeys , and Floud-gates in the parts of Kestevene and Holand ; it was found , that the Prior of the Chapel of S. Saviours ought to repair and maintain the Causey called Holand brigg , and thirty Bridges upon the same , according to certain boundaries and limits : and that , they the said Justices , at the sute of him the said Prior , affirming , that he ought not to be charged with the said repairs , the said King caused the Record & Process of the said Inquisition to be brought before him . And , that afterwards , by the Petition of the said Prior , exhibited to him the said King and his Council , in the Parliament held at Yorke ; setting forth , that upon their giving Judgement afterwards in that businesse , there hapning a manifest error therein , to the no little damage of the said Prior ; he the said King caused the Record and Processe thereof to be brought before him : and that upon perusing the same , it clearly appeared ; that one Godwine , a rich Citizen of Lincolne , founder of that house of S. Saviours , gave the site of that Monastery , and certain other lands , to the Canons of Sempryngham , there residing ; to the intent , that the profits thereof , should be expended to the glory of S. Saviour , and the brethren there serving God : and the surplusage imployed in the repair of the before-specified bridge . And that upon their giving judgement therein , as aforesaid , there was an errour ; because by the Charter of Foundation , before-mentioned , the maintenance of the said Prior and his brethren was first provided for ; and the surplusage only , assigned for the repair of the said Causey : but by that their judgement , they had put the maintenance of the said Prior and his brethren in the last place , which ought to have been in the first . The King therefore , for the rectifying thereof , commanded the said Geffrey le Scrope , and his fellow Justices , to look upon the Record before expressed , and cause it to be amended ; and to inform him , both of the value of the lands so given to that Monastery , by the said Founder ; and of some way , whereby the repair of that Causey might be ascertained : and lastly , to supersede the distraining of the said Prior , for that respect , whilst the businesse was thus undetermined .

In 11 E. 3. Sir Richard de Roos , Knight , Will . de la Launde , Will . de Poynton , Laurence de Leeke , Thoma Levelaunce , and Will . de Thorpe , were constituted x x Pat. 11 E. 3. p. 1. m. 35. in dorso . Commissioners , for the view and repair of those Banks and Sewers , betwixt the Crosse of Wolmersty , and the bridge at Tid . And in 13 E. 3. Roger de Cobledyk , Roger the Parson of Framton , Lambert de Hiptoft , and Iohn de Polincroft , for y y Pat. 13 E. 3. p. 2. m. 27. in do●so . those in the Wapentake of Kirketon .

M●morandum z z Ex Re●i●● . de Peterborough , ●●per penè● Ro● . Wingfeld● E● ; au● . f. 157. a. , that in the year of our Lord MCCCxlij . 16 E. 3. the Abbot of Swin●sheved , and Sir Nicholas de Ry Knight , did implead the Abbot of Peterborough for CCCxl . acres of marsh , with the appurt●nances , in Gosberchirche ; viz. the Abbot of Swinesheved for CC. and Sir Nicholas for Cxl. by two Writs . And the first day of the Assises at Lincolne , was on Wednesday b●ing the morrow after the Feast of S. Peter ad vincula : at which time there cam● thither Gilbert de Stanford , then Celerer to the Covent , Iohn de Achirche Bayliff of the said Abbots Mannours ; together with Sir Iohn de Wilughby Lord of Eresby , Sir Iohn de Kirketon , and Sir Saier de Rocheford Knights , Iohn de Multon Parson of Skirbek , as also divers others of the said Abbots Counsel . And because the defence of this sute seemed difficult and costly to the Abbot , in regard that his adv●rsaries had privately and subtilly made the whole Country against him , especially the Wapentake of Kirketon , he submitted to an amicable Treaty of peace , on the day preceding the Assise , the place of their meeting being in the Chapter-house of Lincolne . At which Treaty , in the presence of Sir Nicholas de Cantilupe ( who was the principal Mediator betwixt them , as a friend to both sides ) and other Knights and friends above-specified , the said Abbot of Swynesheved , and Nicholas de Ry , did set forth their claim in that Marsh ; affirming that it did belong to them of right by the Custome of the Country ; because that it was increased and grown to their own antient Marshes by addition of sand , which the Sea had by it's flowings cast up ; insomuch as by that means , coming to be firm land , they said , that they ought to enjoy it , as far as Saltenee : and in regard that the said Abbot of Peterborough had possessed himself thereof , contrary to right , and against the said Custome , they had brought the Assise of Novell disseisin , in form aforesaid .

Whereunto the Counsel for the Abbot of Peterborough answered ; that the Custome of this province of Holand , so stated by the Plantiffs , ought thus to be understood and qualified , viz. that when by such addition of any silt or sand , there should happen an increase of land , and by the Seas leaving thereof , become firm ground , it ought to belong unto him , to whose firm and solid ground it first joyned it self , without any respect , whether it grew directly to it , or at one side . And they farther said , that the before-specified Marsh did originally joyn it self to the antient Marsh of the said Abbot of Peterborough , whereof that Monastery had been seized time beyond memory , as it appeareth by Domesday book , where it is recorded , that the Abbot of Peterborough had xvi Salt pans in Donington . Moreover , in the Charter of King Richard the first , there were confirmed to the said Abbot three Ca●ucates of land with the Salt pans and Pastures , and all their appurtenances , in Holand . So that the said soil increasing by little and little , ought not to belong unto the Abbot of Swinesheved , and Sir Nicholas , according to the Custome of the Countrey ; because that a certain part of Salten Ee , which was not then dry land , did lye betwixt the old Marsh belonging to the said Abbot of Swinesheved and Sir Nicholas , and the Marsh whereof they pretended so to be disseised . Which part of Salten Ee could not at all be drayned ; because that the fresh waters had used to run through that place from the parts of Kesteven to the Sea , untill Geffrey Abbot of Peterborough ( Predecessor to the then Abbot ) did , for the better drayning of the Province of Holand , by his deed indented , grant unto the said Country , a certain Sewer , directly running to the Sea , through his own land : by which means , though the antient Sewer , in another place , became lesse than it had wont to be , by reason of the non-usage thereof , from the time that the said new Sewer was granted ; neverthelesse it remained at that time sufficiently open , and the Sea did flow and eb by it : and therefore it served sufficiently for a division ; because that antiently by the current of the fresh water as aforesaid , and the checking thereof by the Sea , which continued till that day , it could neither be drayned or stopt : And that , beyond that boundary , the said Abbot of Swynesheved and Sir Nicholas , could not by the Custome of the Country , for the reason aforesaid , claim or chalenge any thing .

But at length , after divers arguments , to and fro , therein used ; it was concluded , that xij trusty men , aswell Knights as others , should be made choice of ; six on one side , and six on the other , to view the place in question , at Michaelmasse then next following , and make a final determination therein . Whereupon the tryal at that Assizes was stopped : and at the day appointed , the said Abbot of Peterborough came himself , in person , to Gosbercherche , together with Sir Iohn de Wylughby , and other of his friends and Counsel : And so likewise did the Abbot of Swynesheved , but Sir Nicholas de Ry sent his Attorney . Where the xij persons , so chosen , did take a view of the ground ; but not agreeing , they departed without making any conclusion therein .

In order therefore to a legal tryal of the businesse in dispute , the Justices of Assize appointed to sit again at Lincolne , upon Saturday being the Feast of S. Thomas the Apostle . At which time the before-specified Gilbert de Stanford and Iohn de Achirche , together with Sir Iohn de Wylughby and others , on the behalf of the said Abbot of Peterborough , came thither : But the adverse party , having in the mean time obtained a new Assize , being called upon the first Writs , did not prosecute ; so that they were amerc'd ; the reason why they durst not then prosecute , being , because they could not have a full Jury , out of the Wapentake of Kirketon , of those whom they had laboured : For Sir William Franc , the then Shireeve of this County , had , at the special instance of Sir Iohn Wylughby , and for xxl. which he had given him , returned xviij of the most trusty men , and of the best account , within the three Wapentakes of this Province ; viz. Ellow , Skyrbek , and Kirketon ; who were essoyned upon the second Writs . And upon the third Writ , the principal persons of the said three VVapentakes were returned , by Iohn de Hundon , then Shireeve , for ten Marks , which he had given him : Neverthelesse some of the said Abbot of Peterborough's Counsel , excepted against those second VVrits , because they were obtained , whilst the first depended , and the land in question put in view ; and therefore they desired , that those their exceptions might be recorded ; protesting , that they would more fully urge that exception , upon the second day of the said Assizes , they not being able to do it on that day ; because their adversaries had a day by Essoin : and they desired that the panell upon the first VVrit might be reserved , whereby it might appear , whether the lands which were then enjoyed by those VVrits , were put in view by the former VVrit : others moving the contrary , viz. that the said panell might be made void , and no prosecution thereupon .

Besides , the form of those VVrits was excepted against by reason of the privilege which the said Abbot of Peterborough had by the Charters belonging to that Monastery ; because , that the said Tenements put in view , were parcell of their Mannour of Gosbercherche ; and that chiefly by the words of King Henry's Charter , Quicquid Vicecomes &c.

But it then hapned , that through the mediation of Sir Adam de Welles , there was another day of reference appointed , to be at Lincolne aforesaid , upon Thursday next after the Feast of the Epiphany , then next following . At which time the said Abbot of Peterborough's Officers , together with Sir Iohn de Wylughby , and the rest before-mentioned , came : howbeit , after many disputes , they went away without making any accord : so that then there was a third day appointed for the Assize ; viz. the Thursday next after the Feast of S. Gregory , at Lincolne aforesaid : But in the interim it so falling out , that the Abbot of Swynesheved , having for the repairing of all his Mill-pool at Casterton , digg'd farther upon the Abbot of Peterborough's ground , at Ingethorpe , than he had power to do by that liberty , which had been antiently granted to him by composition ; the said Abbot of Peterborough brought an Assize of Novell disseisin against him , in the County of Roteland . At the day of which Asizes came the said Abbot of Swinesheved , with five of his Monks , and others of his Counsel ; where , through the mediation of Mr. Alexander de Ounesby , Rector of the Church at Castreton , all differences betwixt the parties before-mentioned , were concluded ; the Abbot and Covent of Swinesheved being to release all their interest in the said Marsh ; and the Abbot and Covent of Peterborough to give license to the said Abbot and Covent of Swynesheved to repair their pool at Castreton , as often as occasion should require ; and also xl Marks in mony , by way of agreement , for avoiding of any farther trouble and chardge for the future . And the said Abbot and Covent of Swynesheved did thereupon remit all their claim , whereunto they had any pretrence , in the said Marsh , for ever . All which was perfected by deeds indented betwixt them .

And on the morrow before the Assizes ( so appointed as abovesaid ) came the said Gilbert and Iohn , on the behalf of the Abbot of Peterborough : where , upon treaty betwixt them , and the said Sir Nich. de Rye , six persons were chosen to arbitrate the business , viz. on the part of the same Sir Nich. Sir Rob. de Colevill , Lord of Bytham ; and Sir Philip le Despenser , Kts . and Iohn Cleymunt : And on the behalf of the Abbot , Sir Iohn de Wilughby , and Sir Iohn de Kyrketon Knights , and Henry Grene ; who awarded , that the said Abbot should give to Sir Nicholas xll. and he thereupon , to remise for himself and his heirs , all his right & claim in that Marsh.

And as to the future increase of ground , which might happen to either party ; that it should be enjoyed by him to whose land it did lye most contiguous

Whereupon a day was assigned for writings to be made betwixt them , for ratifying of this award , viz. the Monday after Palm-Sunday : At which time , meeting at Gosbercherche ; where discerning , that the said VVritings did expresse the said Marsh to be the right of the above-mentioned Abby ; the said Sir Nicholas , fearing that in case he did seal them , he might be indicted of conspiracy for pleading both falsly and unjustly , the businesse was respited till the next Parliament , which was in the xv of Easter in the xvijth year of the said King Edward the third's reign : to which Parliament the parties abovesaid came ; and after divers arguments in the presence of Sir Nicholas de Cantilupe , Sir Iohn de Wilughby , and others , the said Sir Nicholas de Ry , did release all his right , as abovesaid : VVhich release beareth date at Peterborough upon the xvijth of May , in the year abovesaid .

In the same year Thomas de Lucy , Sayer de Rochford , Thomas de Sibthorpe , Iohn , parson of the Church of Benington , and Laurence de Leeke were appointed a a Pat. 17 E. 3. p. 1. m. 17. in dorso . to view the Banks , Ditches , and Sewers , within the VVapentake of Skyrbek , and to take order for their repair .

But notwithstanding the before-specified agreement made by the said Abbot of Peterborough , with the Prior of Spalding , and Sir Nicholas de Rye , he was not yet at quiet for that land , touching which there had been so much dispute betwixt them : For about six years after , there was a presentment Pla● . coram Rege 〈…〉 M●ch. 23 E. 3. Rot. 26. Linc. exhibited into the Kings Bench by divers VVapentakes in this County , against the said Abbot of Peterborough , for purchasing CCC acres of waste ground , in Gosbercherche , without License from the King . VVhereunto the Abbot pleaded , that this Land was not purchased by him , but gained from the Sea ; it being the Custome of the Country , and so had been time out of mind , ☜ that all and singular Lords , possessing any Mannours or Lands upon the Sea coast , had usually silt and sand more or lesse cast up to their land by the tides : and that this land so supposed to be purchased , was acquired in that sort . All which being proved by the said Abbot , the Jurors gave up their verdict c c 〈…〉 Ro. 22. 〈◊〉 . 36 E. 3. 〈◊〉 . 34. accordingly . Neverthelesse , the said Abbot could not yet be quiet , as appears by several other c c 〈…〉 Ro. 22. 〈◊〉 . 36 E. 3. 〈◊〉 . 34. pleadings therein , afterwards ; so that final sentence was not given therein till Pas● . 〈…〉 . 29.23 . Easter Term in 41 E. 3.

In 23 E. 3. William de Thorpe , Philip le Despenser , Nich. de Rye , Saier de Rochford , and others , were constituted e e Pat. 23 E. 3. p. 1. m. 31. in dorso . Commissioners for the view and repair of the Banks and Sewers in this Province . And in the same year there were several f f Plac. coram Rege term . Pi●ch . 23 E. 3 Rot. 48. Linc. presentments exhibited against the Abbot of Crouland , by the Jurors of divers VVapentakes , for stopping of certain Sewers , and common high-ways within the Fens . So likewise against the Prior of S. Saviours for the not repairing of Brigedyke .

In 25 E. 3. Saier de R●cheford , Laurence de Leeke , Iohn Mosse , Roger de Meres , and Will . Baiard were appointed g g Pat. 25 E. 3. p. 3. m. 8. in dorso . to view the Sea-banks and Ditches of Skirbek and Kirketon .

Several other Commissions to the like purpose , were issued our shortly afterwards ; viz. in 26 E. 3. to h h Pat. 26 E. 3. p. 1. m. 20. ● dorso . Sir Thomas de Lucy Knight , Iohn de Litleburs , Roger de Meres , and Iohn Rybrede of Spald●ng , for the view and repair of all those in the VVapentake of Ellowe , which were then in great decay . So also to i i Ibid. Saier de Rocheford , Laurence de Lecke , Iohn Mosse , and Iohn Claymond , for those in the VVapentake of Skirbek . The like in 27 E. 3. to k k Pat. 27 E. 3. p. 2. m. 20. in dors● . Will . de Huntingfeld , and the rest last mentioned .

In 28 E. 3. to l l Pat. 28 E. 3. p. 2. m. 4. in dorso . Iohn Cleymond , Roger de Meres , Robert de Spaigne , and William de Spaigne , for those on the South side of Wythum , from the Town of Skirbe● , to a place called the Shuft .

In 30 E. 3. to m m Pat. 30 E 3. p. 1. m. 16. in dorso . Henry Grene , Saier de Rocheford , Roger del M●re , Will . de Surflete , and Iohn de Nessefeld , for those betwixt the Towns of S. Saviours and Donyngton .

In 33 E. 3. to n n Pat. 33 E. 3. p. 1. m. 14. in dorso . Will . de Huntingfeld , Will . de Thorpe , Will . de Notton , and others , for those in the VVapentake of Kirketon . And in 34 E. 3. o o Pat. 34 E. 3. p. 1. m. 17. in dorso . to Sir Nicholas de Rye Knight , Iohn Claymond , Roger de Meres , and others , for those within the Towns of Flete and Holbeche .

By a pleading p p Plac. coram Rege te●m . Mich. 35 E 3. Rot. 17 Linc. in 35 E. 3. touching an Inquisition , taken about two years before , in the presence of Sir Will . de Huntingfeld , and others , Justices of Sewers for the Wapentake of Kirketon , at the prosecution of the Inhabitants of Gosberkirke and Surflete , in which Inquisition certain errors were said to be ; it appeareth , that the Jurors then sound , that there was a Gutter , called Wistard gote in Sotterton , then in decay , which ought to be repaired by the said Town of Sotterton . Also , that Wigtoft gote ought to be repaired by the Towns of Wygtoft and Swyneshev●d . That the Town of Swinesheved ought to repair Swineshed Ee , from the North side of Swinesheved , unto Byker Ee.

That the Towns of Biker , Donington , Quadring , and Gosberkirk ought to repair Biker Ee , from the beginning of Biker to the Sea , and to make it xxiiij foot in bredth , and six foot in depth ; viz. the Town of Biker , from the beginning of Biker to Bonstake ; and from thence the Town of Donington , to Quadriug : and from thence Quadring and the Commoners thereof to Gosb●rkirke ; and Gosberkirke to the Sea : And that it ought to run all the year .

They also then presented , that the Gutter of Quadring , called Angot , was broken ; and that it was necessary that it should be removed neerer to the Sea by an hundred p●rches ; as also that the Ditches wherein the Salt water came , should be stopped ; and that the sides thereof , on each part ; should be raised ●our foot in height ; which repairs to be always done by those whose lands were drayned thereby .

And moreover , that the Gote , called Sangote , in Gosberkirke , was ruinous ; and that it ought to be repaired by the Tenants of seven Carucates of land in Surflete , and of five Carucates in Gosberkirke , according to equal proportions . And that the Newgote of Surflete ought to be repaired and made two foot in depth , by the said Town of Surflete unto Totisbrige .

And that the Town of Gosberkirke ought to maintain the Gutter , called the Thurgote , because that at that time , the said Town and Surflete were almost drowned by an arm of the Sea ; which grew by reason of the said Gutter , and Salten Ee. In which Inquisition it appeareth how the said Gutter might be removed to the best advantage , for the safeguard of those places ; and through whose lands it ought to run , and of the value thereof . And that it ought to be repaired by the Town of Gosberkirke , betwixt Alvelode and Surflete . As also how Crosse gote ought to be repaired and removed .

And the said Jurors then presented , that the Sea-banks and others , belonging to Surflete , Gosberkirke , and Quadring , were too weak and low ; and that they knew not who ought to repair them . Whereupon the Shireeve had command to summon those Towns to appear : Who accordingly making their appearance , said ; that they could not deny but that they ought of right to repair them : and therefore they were amerc'd and distrained thereto . And the Town of Sotterton , with all the rest , were likewise amerc'd , because they came in by great distresse .

In the same 35 year of King Edward 3. Roger la Warre , Will . de Thorpe , Robert de Thorpe , and others , were assigned . q q Pat. 35 E. 3. p. 2. m. 25. in dorso . to view and repair the Banks and Ditches throughout this whole Province of Holand . In 37 E. 3. Will . de Huntingfeld , Roger de Cobeldyk , Matthew de Leeke , and others , had r r Pat. 37 E. 3. p. 1. m. 46. in dorso . the like assignation for those in the VVapentake of Skirbok : So also had the said William , with Godefrey Fuljaumbe , and others , for those in the VVapentake of Kirketon . And in s s Pat. 39 E. 3. p. 1. m. 42. in dorso . 39 E. 3. Godefrey Fuljaumbe , Simon Symeon , Roger de Meres , and others , for those from Waynflete to Tydgote .

Upon a pleading t t Plac. coram Rege term . Mich. 39 E. 3. Rot. 25. Linc. in the same year , the Town of Pinchebek was acquitted , by the verdict of a Jury , from the repair of the Marsh-bank , called Ee dyke , extending from Pinchebec , by Escote , to Donneshirne : but the same Jury then found , that the said Town of Pinchebek ought to repair that Bank , from Donneshirne to Goderamscote : And that the Abbot of Brunne and Town of Brunne ought to repair it from Goderamscote to Ectcote ; and that the said part thereof was then ruinous .

In 41 E. 3. was that memorable verdict u u Plac. coram Rege term . Pasch. 41 E. 3 Rot. 28. Linc. , touching the Custome of the Country , that the Lords of Mannours , adjoyning to the Sea , should enjoy the land , which is raised by silt and sand , which the Tides do cast up . VVhich verdict was in the behalf of the Abbot of Peterborough , in respect of the Lordship of Gosberkirke ( whereof I have already taken notice )

In 43 E. 3. Iohn Duke of Lancaster , Godefrey Fuljaumbe , Thomas de Mapelton , Parson of the Church of Frampton , and others , had Commission w w Pat. 43 E. 3. p. 2. m. 18. in dors● . to view and repair the Banks , Ditches , &c. throughout this whole Province of Holand ; and to proceed therein according to the Law and Custome of this Realm . The like Commission x x Pat. 45 E. 3. p. 1. m. 4. in dorso . ( and to proceed accordingly ) had Raphe Lord Basset of Drayton , Roger de Kirketon , Richard de Waterton , Rich. Poutrell , and others , for all those betwixt Kelfeld and Bykersdyke . So also in y y Pat. 48 E. 3. p. 1. m. 30. in dorso . 48 E. 3. had Sir William de Huntingfeld , Sir Iohn de Rocheford , with Sir Iohn Crecy Knights , and others , for all those throughout the whole Province .

Upon a pleading z z Plac. corám Rege te●m . Mich. 49 E. 3. Rot. 8. Linc. in 49 E. 3. the Towns of Hokyngton and Gerwick could not gainsay , but that they ought to repair and clense the one half of Gerwike hee , on the North side , unto the Cowstalls of the Abbot of Swinesheved , called Herewik ; therefore command was given to the Shireeve to distrain them . At the same time it was likewise found , a a Ibid. Rot. 43. Linc. that the Towns of Wiberton , Frampton , and Kirkton , and the West of Boston ought to repair and maintain the Ed●kes from the Schust to Deynboth . As also , that b b Ib. Rot. 46. the Towns of Swynesheved , and Wyktofte ought to scour the Sewer called Swineshed hee from Candelby hill to Biker hee . And c c Ib. Rot. 46. that the Town of Tofte ought not to repair the Sewer , called Hil dyke ; but that Iohn Duke of Lancaster , and the Earl of Lincolne ought to clense it ; in consideration whereof they receive of every man that keepeth fire in his house , within the VVapentake of Skirbek , ii d. upon the Feast day of S. Martin .

And it was then also found d d Ib. Rot. 48. Linc. , that the Towns of Boston and Sbirbek ought to clense a certain Sewer , from Hil dyke to Wythom stream ; in consideration whereof they had common in the marsh of Bolingbroke . And that e e Ib. Rot. 24. L●●c . the Town of Flete could not deny , but they ought to repair the Road-way in Flete , called Spittle lake ; and also the bank , called South hee , in Flete , which was then too low .

The next year following , upon the like pleading f f Plac. coram Rege term . Hill. 50. E. 3. Rot. 21. Li●c . , the Inhabitants of Surflete acknowledged , that they ought to repair a bridge in Surflete , neer the house of Thomas Dod ; and clense the River of Burne every fourth year , from Newesende in Pinchebec marsh , which ought to be repaired by the Town of Pynchebec , unto Surflet ; and from Surflet to the Sea , according to a Decree made by the Justices of Sewers for those parts .

And the same year it was found g g Plac. coram Rege Term. Mich. 50 E. 3. Rot. 9. Linc. by the Jurors ( upon a pleading also ) that the Inhabitants of the eight Hundreds of Holand , ought to clense and repair the Ditch called the Old Ee , betwixt the Marsh of Holand and the Marsh of Hekington , on the West side of Babberboth , and Hoggeboth of West crofte . And moreover , that they ought to repair and clense the Ditch , from Babberboth in Hekington , unto the Distrithe in Swynesheved marsh , on each side . And from the Ditch , which is supposed by the presentment to be from Hoggesbothe of Westcrofte , to the water of Wythome , they said , that the Inhabitants of those eight Hundreds ought not to repair and clense the same ; because there was no such Ditch there , as the same pres●ntment mentioned ,

In 51 E. 3. Iohn King of Castile and Leon , &c. Roger de Kirketon , Thomas de Hungerford , and others , were constituted h h Pat. 51 E. 3. p. 1. m. 41. in dorso . Commissiones for the view and repair of the Banks , Ditches , and Sewers , throughout this whole Province of Holand .

After this I have not seen any more Commissions of this kind , for this Province , till 6 H. 5. that Thomas Lord de la Warre , Sir Robert Hagbeche Knight , Nich. Dixon Clerk , Iohn Belle of Boston , with some others , were appointed i i Pat. 6 H. 5. p. 1. m. 28. in dorso . to view them , and take order for their repair : with direction to proceed therein according to the Law and Custome of this Realm .

The like Commission k k Pat. 2. H. 6. p. 1. m. 32. in dorso . in 2 H. 6. had the said Thomas Lord de la Ware , Robert Lord Wylughby , Sir Raphe Cromwell , and Sir Robert Roos Knights , William Copuldyk , Iohn Henege , and others , with the same directions ; ☞ as also power to take so many diggers and other labourers , upon competent wages● to assist therein , as they should think r●quisite , in regard of the great necessity for expedition in the said work . So also in 6 H. 6. had l l Pat. 6. H. 6. p. 1. m. 32. in dorso . the Bishop of Lincolne , Sir Thomas Roos , Sir Robert Wylughby , Sir Raphe Cromwell , Sir Reginald West , Sir Raphe Rochford , and Sir Robert Roos Knights , Nich. Dixon Clerk , and others ; with authority to make Statutes and Ordinances , proper for the safeguard of the Sea-coasts , and Marshes , according to the Laws and Customes of Romeney marsh : And to determine all things therein according to the Custome of the said Romeney marsh : As also to take such and so many Labourers , upon great competent wages , in respect of the necessity of expedition in the work , as they should think fit to imploy therein .

In 10 H. 6. Iohn Hals , Sir Henry Rocheford Knight Walt. Tailboys Esquire , Richard Pynchebek , Richard Benyngton , and others , were constituted m m Pat. 10 H. 6. p. 1. m. 11. in do●s● . Commissioners to view all the banks and Sewers of Crouland , Spalding , Weston , and Multon , and take order for their repair ; with the like power to make Laws and Ordinances as abovesaid . And in 30 H. 6. Richard de Benyngton , Thomas Kyme , George Hetone , and others , had the like n n Pat. 30 H 6. p. 1. m. 22. in d●●so . Commission for those banks and Sewers , within the precints of the Lordship of Framptone , viz. from Forsdyke unto the Rode neer Boston .

In 34 H. 6. there was a Session o o Ex bund . de B●ev . & Reco●ci● , W●llias &c. ●angenbus ● . 22. of Sewers held at Spaldyng , upon the Wednesday before Palme-Sunday , before Richard Benyngton and his fellow Justices ; where the Jurors presented , that the Prior of Spaldyng ought and had used to repair and maintain a certain common Sewer , called the Priors Ee in Sutton , within this province ; from a certain place called Tydde graynes ; in Tydde S. Maries , to Outbroken in Sutton aforesaid , and so going into Priors fall ; together with certain bridges upon the same Sewer ; viz. one overthwart the Priors Lathes ; another called Crosse gate brigge , and another called Randolf brigge , which were then in decay , to the great damage of the said Town of Sutton , and the whole Country : And that the said Sewer ought and had used to be repaired , with the bridges before-specified , by the pedecessors of the then Prior , and by the same Prior , by reason of his lands in Sutton aforesaid . Whereupon the Shireeve having command to summon the said Prior to an●wer this chardge ; he appeared by Thomas Spenser his Attorney , and denyed that he ought to perform those repairs ; alleging , that the said Prior and his Predecessors had been seized , time out of mind , of the Mannour of Gannok in Sutton aforesaid , as in right of their Monastery of Spaldyng , whereof the said Sewer , so supposed to be a common Sewer , was parcell . And farther said , that the same Sewer had been made from the time aforesaid , by the Predecessors of the then Prior , in their own proper soil , and within the precinct of that Mannour , for drayning and avoiding away of the waters within the same , for their own and their Tenants advantage ; and that no mans Land else ought to be drayned thereby . And farther affirmed , that it was no common Sewer ; as also that the said Prior and his Predecessors , neither ought nor had used to repair the before-specified Bridges , as in the said presentment was set forth .

Whereupon a Jury being summoned , and sworn , they said upon their Oaths ; that the said Sewer was a private Sewer , made by the Predecessors of the then Abbot , for the drayning of the waters out of the said Mannour of Gannock , for their own and their Tenants sole benefit ; and that it was never any common Sewer .

In 1 E. 4. Richard de Welby , Richard Pynchebec , Iohn Pynchebek , Leonard Thorneburgh , and Richard Fendyk were constituted p p Pat. 1 E. 4. p. 1. m. 11. in dorso . Commissioners for the view and repair of the Banks , Ditches , and Sewers , from Skegnes & Dodyngtone-Pygot , to Tydde gote ; and to proceed therein according to the Laws and Customs of this Realm , and of Romeney marsh .

Howbeit , from this time , until the xiijth year of the late Queen Elizabeths reign , I have not seen any thing else considerable , in reference to the Banks and Sewers of this province : A. 1571. but then ( viz. on the xxith of September ) Sir Henry Clinton Knight , Anthony Thorold , Robert Carre , Leonard Irby , Iohn Bushey Esquires , and others , at that time Commissioners sitting at Boston , and by Inquisition taken before them upon Oath , finding , that the Sewer called called Merlode , could not without an excessive chardge , convey away the water falling thereinto ; nor have any fit place at the out-fall thereof , whereon to erect a sufficient Gote ; decreed , q q E● Collect . prae●ob . Mount●●● Comi●is●ce Lindsey . that it should be scoured and made xvi foot wide , and six foot deep , from the in-fall out of the Fen , unto a certain place called Elwood Elmes , by the Townships of Quadring and Donington , next adjoyning , before Martinmasse in An. 1572. And that from Elwood Elmes , it should be turned , and made of the like bredth and depth , at all times thenceforth , by the Inhabitants of of the said Town of Quadring , to Gosbertown Ee ( through divers grounds in the said Decree mentioned ) And at the falling thereof into the said Ee , that there should be a substantial stone-bridge made and erected , for the publick Road way there , at the chardges of Quadryng and Donyngton aforesaid : and likewise a D●m ( at their like chardges ) at Partye bridge .

And moreover , that the said Inhabitants of Quadring and Donington should for ever hereafter enjoy for the Commodity of their said water-course of Merlode , the same drain called Gosberkirk Ee , under the Sea dyke , from the in-fall of Merlode thereinto ; and from the said Dam to be made towards the Sea , unto the Gote , which thenceforth should be appointed to be made for them and their said Drayn of Merlode , by all the limits thereof , after also to be expressed , unto the out-fall of that their Drayn into the Sea , at their private Drayn .

In consideration whereof , they decreed , that the said Townships of Quadring and Donington , should make a another sufficient Drayn in Gosberkirke Ee aforesaid , to stop and turn the Watercourse of Rysegate , out of and from the old course thereof , towards the Sea-dyke aforesaid , at a place in Gosberkirk , neer unto Challan bridge ; where they decreed , that a bridge should be made and set up , at the chardge of the said Townships of Quadring and Donington : And that then the said Townships should scour a new Drayn from thence , of the like bredth and depth , by the limits after to be specified , which shall be called the New Ee of Sur●let and Gosberkirk : the accomplishing of these directions being most beneficial for the receipt and speedy conveyance of the waters both of Kesteven and Holand , from the said old course in Rysegate Ee , by the same New Ee , in form before recited .

And by a Decree r r Ibid. of Sewers , made at Helpringham , 22 Iune , xvi Eliz. it appearing , that the New gote , set in the Sea-dyke of Surflet , at the chardge of the Inhabitants of Donyngton and Quadring ( by virtue of the Decree made at Boston , 21 Sept. 13 Eliz. above-mentioned ) did of a sudden after three weeks setling thereof , sink into a Quick-sand : It was ordered , that the same should be made again more substantially , and set upon a better and firmer Foundation .

In which year also Richard Bertye , Esquire , Rob. Wingfeld the elder , Edmund Hall , William Fitz William Esquire , and others , being Commissioners , and sitting at Burne the fifth of Iuly , ordained f f Ibid. ;

That the Sewer called Repingale South dyke , should be dyked from Berhom-pooles to Irelode , and thence to the Beche , in bredth xij foot at the least , and depth six , by the Township of Pinchebeck , before Michaelmasse following , upon pain of every rode not done 3s. 4d.

Likewise that Irelode drain should be sufficiently dyked and banked , by the Townships of Dowsbye and Repingale , for their limits ; and from thence to the Beche by such Townships , as by the Laws made at Sempringham , mense Sept. 8 Eliz. was appointed ; upon the like penalty .

Moreover , that upon the Sewer called Newdike , two new bridges should be erected at Rusgate Ee mouth , by the inhabitants of Gosberkirke and Surflete , in their limits : one in Quadring up-fen , against the common way coming from Westrop ; and one other within the limits of Byker , in Hekendale-Wathe , over to Hekendale Hills , of such height as Boats might well passe under ; and to be done by the Inhabitants of Quadring and Byker , before All-hallow tide then next ensuing , upon pain of an Cs. for every bridge not finished .

As also that one bridge over the said Sewer at Kyrton Fen , another at Frampton Fen , and another at Lichfeld end , should be reformed by the Townships and persons , who of right ought to do the same ; and to be of xij in bredth , and of height sufficient for boats to passe under , upon pain of 3l. — 6s. — 8. for every bridge unfinished at Michaelmasse following .

And that the Waredyke beginning at Colehousestile , and so extending along the River of Burne Ee , to Goodrams coote , should be continued from the said Coote to Done hurne , and to be distant from the River C. foo● , and in bredth xij foot , and depth iiij . at the cost of the Inhabitants of Pinchbeck● ; upon pain of xxd. for every rode unfinished at Michaelmasse then next following .

Also that the Sewer called Newedyke in Dykesen , should be perfected from Eedyke bridge , unto Holand Fendyke , according to the Law at Sempringham , as aforesaid , upon pain also of iijs . iiijd. for every rode unfinished at Michaelmasse then next following .

Likewise that the Sewer extending directly against the East to Northgraft , should be dyked and banked sufficiently , by the Townships of Hakenby , Dunsby , and Pinchebeck , and the manure to be cast on the North : and that from the beginning of Pinchbeck limits to the Graft : And that the Sewer of Northgraft , from the first fall of the waters of the Fen into the said Sewer , and thence to the Sea , ought to be xij foot broad , and six foot deep ; and to be done by the Inhabitants of Pinchbeck , before Michaelmasse then next ensuing , upon the penalty above-specified .

And that the Sewer called the Beche , from Wrightbold Clowe to the Sea , should be dyked , roded , and scoured , by the Townships of Pynchbeck , Gosberkirk , and Surflet , as had been accustomed , before Michaelmasse then next ensuing , upon like pain .

Likewise , that the Sewer called Marisbeek , should be scoured by the Landholders there , according to their several parts , to be done before the said day &c.

Also , that the banks from Colehouse stile to Goodrams coote , and thence to Done hurne , should be made of xij foot thicknesse , and three foot height , where most need required , by the Land-holders of Pinchbeck and Burne , according to their limits , before the said day , &c.

And lastly , that the Sewer called Hawewell should be scoured to Dykebarre , by the Fermours of the Hawes , and Tho. Gotherd ; Thence to Repingale South-dyke , by the Inhabitants of Dyke , Morton , Hakenby , and Dunsby : Thence to Berhomepoles , by the Inhabitants of Repingale , Ringstone , and Kirkby-Underwood , before Michaelmasse then next following .

After this , viz. in 43 and 44 Eliz. there arose a great controversie t t Out of Serjeant Callice his Reading upon the Statute of Sewers . about the erecting of two new Gotes at Skirbek and Langare , for drayning the waters out of South Holand and the Fenns , into Boston Haven : which work , Sir Edward Dimock Knight did , by himself and his friends , further what he could : but it was opposed by the Country of Kesteven ; and the very exception taken thereto , was ; that the Commissioners of Sewers , could not by the power of their Commission , ☜ make a Law for the erecting of those new Gotes , wh●re never any stood before . Whereupon the decision of this point coming at length before the then two chief Justices , viz. Popham and Anderson , they delivered their opinions Ibid. , that the said new Gotes , if they were found to be good and profitable for the safety and advantage of the Country , they might be erected by the power of the Statute of xxiij of Henry the eighth .

Of Spalding and Pinchbeck Fens , see farther in my last Chapter under the title of Kesteven and Holand .

CAP. XLVI .

FRom Lincolnshire , keeping on my course Eastwards , I come next into Norfolke ; on the West side of which Country , very great advantages have been made by banking and drayning ; whereof the most antient are in that part of it , called Marshland , next adjoyning to Holand , last spoken of .

That this was originally gained from the Sea , by the Romans , I have in the Chapter of this discourse endeavoured to make manifest : which admitted , we may well conclude , that our Ancestors the Saxons , considering the extraordinary fertility of the soil , had a fair invitation to seat themselves therein : for that they did so , is evident enough from that authentique Survey a a Domesday Lib. in Scac. , taken by the Norman Conqueror ; which sheweth , that the Towns now in being there , were all extant in the days of King Edward the Confessor . Nor is it improbable , but that they were so , likewise , for divers preceding ages ; forasmuch as it appears , that the Church of Ely was possest b b Monast. Anglic . p. 94. c. 1. of Walpole long before ; a place of no small note , by reason it gave birth to S. Goderic the Hermite , of whom M. Paris . maketh ample c c In An. 1170. mention .

T●i● Country , on the East is bounded by the stream of Ouse ; on the West , with Wisbeche River ; on the North with the Sea-bank ; and on the South with the new Po-dike ( as the Map sheweth ) and containeth no lesse than t●irty thousand Acres ; whereof part is a ●amous plain , called the Smeeth ; which being common to all the Towns therein , maintaineth at least thirty thousand sheep ; and yet is not of a larger ext●nt , in the widest part of it , than two English miles . Of this plain I may not om●● a tradition , which the common people thereab●uts have ; viz. that in old time , the Inhabitants of the neighbouring Villages had a fierce contest with one Hickifric ( the then owner of it ) touching the bounds thereof ; which grew so hot , that at length it came to blows ; and that Hickifric , being a person of extraordinary stature and courage , took an Axeltree from a Cart , instead of a Sword ; and the whe●l for his Buckler : and , being so armed , most ●toutly repelled those bold invaders : for farther testimony of which notable exploit , they to this day shew a large Grave-stone , near the East end of the Chancel , in Tilney Church-yard , whereupon the form of a Cross is so cut , as that the upper part thereof , by reason of the flourishes ( wherewith the Carver hath adorned it ) sheweth to be somewhat circular , which they will therefore need have ●o be the wheel , and the s●aft the Ax●●r●e .

It is observed , that within the compasse of this Province , there is neither Mole , nor Rat : and that such hath been the care of the Inhabitants , for pervention of mischief , which might happen by any breach of the publick Sea-bank ; that they have invironed every Town with a particular bank , called the Indike , or Ward-dik● ● which , upon any such inundation , doth secure it from danger . As for the several Sewers and Bridges , which it hath , I shall reserve them to be spoke of , in the l●st place ; purposing now to go on , in taking notice of such improvements as have been made within the old Precinct thereof ; as also how it hath been preserved from the violence of the tides on the one part , and fresh waters on the other ; with the farther enlargement of it's particular bounds .

By an antient Pleading d d Plac. coram Rege Term. M●ch. 15 E. 1. Rot ........ , it appeareth ; that before the year MCLxxxi . ( 27 H. 2. ) there was neither any habitation , nor ground that yielded profit , within that part of Wigenhale , from Busterdesdole , unto the South side of the same Town , except the Monastery of Crabhous , with some lands belonging thereto ; all being then waste , and in the nature of a Fen : But afterwards the Inhabitants of that place , and of divers other , came ; and , with drayning and banking , won as much thereof , by their industry , as they could . And that they might the more securely enjoy the same , were conten● to be Tenants for it , unto such great men of whom they held their other lands : and upon this occasion , by a common consent amongst them● The old Podike raised . was the old Podike first raised , about the year MCCxxiij . ( 7 H. 3. )

Nor was a great part of this Country any other than a Marsh about that time : for by that Precept e e Claus. 2. H. 3. m. 14. to the Shireeve of Norfolk , for giving unto Hubert de Burgo , then Justice of England , the like possession thereof , as he had in King Iohn's time ( when he went into Poictou for the servi●e of that King ) it was so called ; and bounded with the Towns of Wigenhale , Welle , Hagebeche , Tilney , and Tirington ( which I take to be little lesse than half Marshland : ) all which was soon after restored f f Ib. in dorso m. 10. to the Church of Ely , as having a better interest to it , than this great man .

But notwithstanding the said Bank , called Podike , so made as hath been said ; it seems , that the Marshland men had no cleer title to the whole soil whereon it was erected ; Will . Bardolfe , at that time Lord oi the Mannors of Stow , Wimbotesham , and Dounham ( Lordships lying on the other side of the Ouse ) chalenging some right therein : for in 35 H. 3. they came to an agreement with him , by a Fine g g Ex. cod . MS. penès Guib. Godard Arm. levyed before the Justices itinerant at Norwich , in the xv of S. Martin ; the principal parties to the said Fine ; being the then Bishop of Ely , the Prior of Lewes , the Abbots of Ramsey , Dereham , and S. Edmundsbu●y ; Thomas de Ingaldesthorp , and Will . de Shouldham : By which Fine , the said Will . Bardolf quitted all his title , in the whole Marsh , called West fen ( through which the same bank extended ) unto the said Bishop , Prior , Abbots , &c. and their successors for ever : And they to him and his heirs , the before-specified old bank ( viz. Podike ) and an Cxx acres of marsh , with the appurtenances , lying in the said West fen , within the same bank , Northwards ; containing xij furlongs in bredth .

About three years after , the Sea-banks of this Province wanting repair , the Shireeve of Norfolk was required h h Claus. 32 ● . 3. in dorso m. 15. to distrain all those persons , in the Lete of Clenchwarton , and West Len , who were Tenants of such lands , as ought to repair those Banks , in such sort as they had wont to be repaired , for repelling the inundations of the Sea and fresh waters ; which Tenants to have afterwards allowance for the same from their Landlords .

What was then done therein I find not ; but within four years ensuing , it appears i i Clau● . ●● . H. 3. i● dorso m ●5 , that the Inhabitants of this Country had exceeding great losse by the breach both of the Sea-banks , and those which should have kept off the fresh waters ; insomuch as the King , being advertised thereof , commanded k k Clau● . ●● . H. 3. i● dorso m ●5 the Shireeve of Norfolk , that he should forthwith distrain all the Land-holders , who might have benefit thereby , to repair and maintain those Banks and Ditches , according to the proportion of their said lands , lying within the bounds of them . And the next year following , upon more damage hapning , by a new inundation of the Sea , through the breach of those Banks towards Wisbeche , within the liberties of the Bishop of Ely ; having required l l Claus. 4● H. 3 in ●●●so m. 12. the said Bishop to distrain all his Tenants , within this Province of Mershland , and elswhere within his said liberties , who had defence and safeguard thereby , according to the quantity of their lands , lying within the said Banks , to repair and maintain them , as they ought and had used to do ; he sent his Precept Claus. 4● H. 3 in ●●●so m. 12. to the Shiree●e of Cambridgshire ; thereby chardging him , that after the said Bishop had so distrained his said Tenants , as abovesaid , he the said Shireeve should not d●liver any Cattel so taken by way of distresse , without the Kings special command .

In 16 E. 1. Will . de Carleton and Will . de Middilton , were constituted n n Pa●. 16 E. 1. m. 9. Commissioners to enquire of certain breaches in the Banks of Robert de Scales in the Hawe and Ilsington , in this Province ; and to distrain all those who ought to repair them .

The like Commission o o Pat. 17 E. 1. m. 12. had they the next year ensuing , for the view and repair of the Banks in Tilney and Ilsington , then broken by the raging of the Sea .

So also in 18 E. 1. had p p Pat. 18 E. 1. m. 33. ●n dorso . the said Will . de Carleton , and Will . de Pageham , for the banks called Pokediche , Siwellediche , Fendiche , and Gildangordiche , then broken by flouds , in divers places .

In 21 E. 1. the Inhabitants of this Country made a grievous complaint q q Pat. 21 E. 1. m. 11. to the King , importing , that whereas the bank called Pokediche , was antiently made , and had till that time been maintained by them , for the safeguard and preservation of those parts , against flouds of water ; certain Malefactors , having a purpose to do them mischief , had made a hole in the said bank , and did by force and arms hinder those that would have stopt it ; by reason whereof , aswell the tides from the Sea , as the fresh wat●rs , overflowed the Pastures lying within the precincts thereof : the said King therefore , being very sensible of this great injury , assigned r r Pat. 21 E. 1. m. 11. Peter de Campania , Thomas de Hacford and Adam de Shropham , to enquire by the Oaths of honest and lawfull men of this County , who they were that did make this breach ; and to hear and determine of that trespasse . And the said King being informed , that in case the fresh waters , coming by Utwell , could have their course to the Sea , in such sort as that they might not mix with the waters running in Mershland ; ☞ this Country of Mershland , by that severing of them , would be much amended ; he commanded the said Commissioners , that they should forthwith go to the Town of Utwelle , and there take order , that the said fresh waters so descending that way , should have their due and antient course to the Sea , as formerly , so that this Country of Marshland , might have it's Drayn to the Sea by the same out-fall .

The next year following , the King directing his Commission s s Ex R●gist . de Ramsey penès Henr. Cromwe●l arm. f. 117. a. to Simon de Elysworth , and Thomas de Hageford , to enquire touching the defects in repair of the Bank called Pokediche , as also of other Banks and Sewers in this County , the Jurats for the Hundred of Frethbrigge , by virtue of the said Commission , did upon their Oaths present ; that through the default of the Town of Wigenhale , in making and repairing of their Ditches above the Podyke , great losses had hapned in those dayes to these parts of Mershland , so that the lands of divers men were drowned by the inundations both from the Sea and fresh waters . And they also said , that the said Pokedyke could not be sufficiently repaired before the Feast of the Nativity of S. Iohn Baptist , for the safeguard thereof , and of the Country ; in regard that certain men of Wigenhale had divers lands lying adjacent to the same B●nk , and some not ; so that no earth could be digged there withont the good will of those whose lands adjoyned thereto . Whereupon the said Commissioners decreed , ☜ that by the oversight of Iohn de Wykenhale , Iohn de Reynham , Adam de Blowere , and Alexander de Walpole ( who were deputed thereto , upon their Oaths ) earth should be taken off those mens lands which lay so there , for the repair of the ●aid Bank ; giving a valuable consideration for the same , according to the judgement of those persons so sworn ; and that the repair thereof should be accomplished before the said Feast of the Nativity of S. Iohn Baptist , upon penalty of an C. Marks .

At that time did the Jurors , also , for the Hundred of Clakelose , present upon their Oaths ; that there was a certain Band , betwixt the Town of Utwell , and the Priory of Molycourt ; which bank the Land-holders betwixt it and Pokedike , ought to repair and raise higher , for the advantage of the bank of Pokedike , and defence of the Country ; viz. Thomas de Ingaldesthorpe , Iohn fits Gilbert , and others : wherefore the Shireeve had command to distrain them , by all their lands , betwixt Utwell and Molycourt , till the said Bank was repaired as it ought to be .

Afterwards , upon Wednesday after the invention of the holy Crosse , in the 23th year of the same King Edw. 1. the said Justices made another Inquisition , by Robert de Hakebeche , and others : who said upon their Oaths , that of necessity the water of Upwell ought to be stopt , at the house of Raphe Smyth of that town ; and that the antient course thereof ought to be scoured , and enlarged , from the Sluses of Elme , to that stop in Upwell , to the bredth of xl foot , and deeper by six foot than it was at that time .

And they also said , that it was necessary , that the said water of Upwell should have it's course by the Little lade , and a place called Wadyngstowe , untill such time as the before-specified Sewer could be clensed , repaired , and so enlarged . And they said , that Tyd S. Giles , Neutone , Leveringtone , Wisebeche , Elme , and Upwell , of the County of Cambridg , should at their peculiar costs repair the one half of that Sewer ; and that Robert de Scadeworthe , Steward of Ely , did und●rtake for that moytie : And the Town of Wygenhale , on the part of Marshland , Tilneye , Tyringtone , Walpole , Waltone , Utwell , Waisokne , Enemethe , Clengwartone , with the Commoners in Marshland Common to repair , at their costs , the other moytie ; so that all those Land-holders above the said stop at Upwell , towards Meremaund , should be totally quit of any contribution thereto . And the said Steward of Ely , on the behalf of the said Cou●ty of Cambridge , was to superintend Iohn de Fictone and Adam de Blowere , Assessors and Collectors for the Town of Wygenhale ; Philip de Fenne , and Stephan fitz Walter , Assessors and Collectors for the Town of T●lneye , and the Hamlets ; William de Sybille , and Iohn de Dulingham , Assessors and Collectors for the Towns of Tyringtone and Walpole ; and Raph fitz Iohn , together with the said Iohn de Dulyngham , Assessors and Collectors for the Towns of Walsokne , Waltone , and Enemethe ( all sworn and thereunto appointed ) that they should begin the said stop , and clensing of that Chanel , upon the morrow after Ascension day , so that the same water should , by such scouring and enlarging of the said antient Chanel , run before the gule of August , then next ensuing , under the penalty of an Cl. And in case that passage , called Lytlelode and Wadyngstowe should not be sufficient for the carrying away of those waters , it was determined , that they should be enlarged , as they were afore time , by the view of the Shireeve of Norfolke , both as often , and in what places need might require . And the Shireeve of Norfolk had command ; that , as often as he shou●d be required to assist the persons above-specified , so deputed to assesse and collect those moneys , he should be aiding to them , not favouring either rich or poor therein . And it was also decreed , that Lytlelode and UUadyngstowe should be opened untill the before-specified Sewer were clensed , viz. the gule of August .

And the Jurers of both the said Hundreds farther said ; that the chardge of scouring the s●id Sewer might be d●frayed for six score and two pounds ; whereof the Steward of Ely , did undertake to levy the moyti● , upon the Towns in Cambridg●●ice . And to this contribution , Ti●● . y● , with the Hamlets belonging thereto , was taxed at xil . Tiringtone at xil. UUaipole at xil . UUa●tone and En●m●the , at xil. UUalsokne at xil . UUyg●n●●l● at Cs. and Utw●il , in the County of Norfolk , at xxs. And if those mon●ys would not suffice to perform the same , that then the Towns of both Counties to contribute more , as need should require .

And the said Shireeve had likewise comma●d to distrain Thomas de Ingaldesthorpe , Thomas de S. Omer , Iohn fitz Gilbert , Iohn Blakeman , Walter de Palmere , Simon fitz Agnes , the Prior of Molycourt , and Alan le Mutere ( Land-holders in Utw●ll and Molycourt ) to repair t●e Ba●k b●twixt UU●lle and Molycourt , for the advantage of the said Bank of Pokedike , so that every Acre should be assessed alike in the said contribution ; and that the said Bank should be perfected before the Feast of S. Pete● ad vincula ( commonly called Lammas ) upon penalty of xxl.

And the said Shireeve of Norfolk had moreover command , that he should distrain the before-specified Town of Utwelle to the repair of the Bank , called Sandy diche , before the said feast of S. Peter ad Vincula , upon penalty of xxl. And likewise to distrain all the tenants of the Lands of Pachefeld , and Kirkefeld , in the Towns of Utwelle and Upwelle , to repair the Banks and Ditches in those fields ; so that every Acre should be assessed alike ; and the said repair accomplished b●fore the Feast of S. Iohn Baptist , upon penalty of xxl. And mor●over to distrain all those , who ought to repair the Bank at Pokedyke , so that it might be finished before the Feast of S. Iohn Baptist , upon pain of xxl.

And because it was presented by Iohn de Wygenhale , Iohn de Reynham , &c. then deputed by the said Justices to take earth for the repair of the said bank of Pokedike , from the ground lying neerest thereto ; and that the Abbot of Dereham had within the same bank CCC . acres of land ; they were commanded to take earth off the said Abbots land , ☞ lying an Acre distant from the Bank , provided that the said Abbot had competent satisfaction for the same , according to the judgement of the said Jurats : because there was no other earth , within that Bank to be found , so proper for that service .

Howbeit , no sooner was the before-specified Chanel at Littlelode so made , as by the Decree of the said Comissioners had been directed ; but that some mischievous people , broke and threw down the banks thereof ; the King therefore , upon complaint to him thereof made , did grant a new Commmission t t P●● 2● E. 1. m. 18. i● do●so . ●nto the said Simon de Ellesworth , and Thomas de Hakeford , to view the same , and to enquire out the Malefactors .

An● for the better discovery of them , did , the year following , issue out another Commission u u Pa●. 24 E. 1. m 11. & m. 13. in do●so . unto Will . de Bereford , Will . de Carletone , and Simon de Ellesworth : by which there is mention made ; that Peter de Campania , Thomas de Hacford , and Adam de Shorpham , having been appointed ☞ to view where and in what manner the water of Utwelle before spoken of , might have it's passage to the Sea , by Chanels and Gutters , without mixing with the waters of the adjacent Towns , for the more security of the Inhabitants of that Country ; did cause it to be stopt in three places , and reduced to it's right and antient Chanel .

The like Commission , w w Ex praef. cod . MS. penès H. Cromwell . arm . about three years after , was directed to William de Carletone and Will . Haward . Whereupon they met at UUelle upon Wednesday after the Octaves of Easter , at which time and place the Shireeve of Norfolk brought a Jury ; who being then and there sworn , said upon their Oaths , that Robert Russel , Bayliff to the Abbot of Ramseye , Iohn Mayner , Walter Hulleman , and others , did by force and arms break down that Dam , so made at Smalelode , as hath been observed : and that Richard Curteys broke the other at UUadyngstowe : for which respect the said Shireeve was commanded x x Ibid. to take the said Robert , Iohn , Walter , and the rest of those Malefactors , and imprison them safely , till h● should receive farther order .

In 1 E. 2. at a Session † † Ex cod . MS. penès G. Goddard , a●m . of Sewers held at Cowstowe ( within the Liberties of Tilney ) before Richard de Halstede and others , upon the Monday next after the Feast of the Apostles Peter and Paul ; it being found by the Jurors , that the Sea-bank from the stone Crosse unto Cowstowe , aforesaid , was then in good repair ; viz. in bredth xij foot , and as high as was necessary ; the Prior of Meremonde , and Sir Henry de Walpole Knight , Attorneys to the Prior of Ixworth , did take exceptions against that verdict , because it was presented to be a Sea-bank ; alleging , that from Lakebrigge to Cowstowe , there was not any Sea-bank or Marsh-wall : but that there was a certain Causey for driving of Cattell belonging to the Towns of Upwell and Utwell , into and out of their Common within the Fen ; which Causey was no safeguard to any mans land ; and that it was then sufficient for that purpose , with some repair of a sew defects therein .

Whereupon the said Prior and Henry required judgement from the before-specified Commissioners therein ; and that the persons who had benefit by such driving of their Cattel too and fro , should contribute to the making and repair thereof , according as they had Commodity thereby , as it was the Custome of the Country , and as the said Kings Commission did direct : which Judgement and Decree , was published accordingly ; and the said Jurors amerc'd for their erroneous presentment .

After this , viz. upon Saturday next after the Translation of S. Thomas the Martyr , in the first year of the said Kings reign , at a Session of Sewers held at Wisebeche , came the said Prior of Mermonde , and Sir Henry de Walpole , before R. de Seytone and his fellow Justices , in the behalf of the said Prior of Ixworth ; and took exceptions against the verdict of the Jurors made at Welle , in the fourth year of the said Kings reign ; in regard they then presented , that the said Prior had two brecks upon the brink of his Frontier , which he ought to amend and repair ; and that they said and decreed ; that , from the said Stone-crosse unto Cowstowe , each man ought to be chardged to the making of his brinks so adjoyning to his Frontiers . Which Prior then said ; that from Lakebrigge to Cowstow , there was neither Sea-bank , nor Marsh-wall , or any other defence than only a Causey whereupon the Commoners of the Countrey did drive their Cattel ; and that every man ought to be assessed for the repair thereof , according to the benefit which he had by it ; and this he desired might be enquired of by the Jurors : Who , being accordingly impanelled and sworn , did on the behalf of the said Commoners of Welle justifie the said Decree ; and thereupon they put themselves upon tryal of another Jury . Which Jury being sworn , said , that the said Bank from Lakebrigge to Cowstowe , was not then a Bank for the safeguard of any mans land , as aforesaid : howbeit , in antient time , before the fresh waters had their passage towards Wigenhale , it was a Bank of defence ; ☞ ●ut since that , it neither was , nor could be , except a new Ordinance were made ; in regard of the excesse of water , and height of the ground .

And they farther said , that the before-specified Prior , in those days , was not alone lyable to the making and repair of the same Bank , from his Priory unto Cowstowe ( as the s●id Jurors had presented ) because he did not alone receive benefit thereby . And they said , that the Bank within those bounds , was the safeguard and defence of the Fishing there , and for the Pasturage of the Commoners ; because that by the said Bank the same Priors fishing and other borderers , was both kept from the Sea-water ; and that the Fish could not get away into the Fen. And as to the Pasturage ; they said , that the same Bank did serve for divers Commoners and people of the Counties of Huntendon , Cambridge , and Norfolke , to drive their Cattel to and fro from the Commons of the Fen.

And they did finally ordain ; that the said Prior , and every person having fishing within the bounds from Lakebrigge , towards Cowstowe , should according to the quantity thereof , and the Commodity he had thereby , make the said Causey and Bank : And that the said Prior and every Commoner of the whole Hundred of Wisebeche , and all others , who had drift for their Cattel that way , should contribute to the repair and maintenance thereof , according to the benefit which accrued to them thereby , as abovesaid . And moreover , that the said Prior should recover damages , for that erroneous presentment , which were tax'd at xxs.

In 7 E. 2. Walter Bishop of Cov. and Lich. and Henry de Stantone were assigned y y Pat. 7. E. 2. ● . 2. m. 14. in dorso . to view the Banks and Sewers in these parts of Marshland , and to take order for their repair . The like assignation z z Pat. 12. ● . 2. p. 2. m. 11. in dorso . in 12 E. 2. had Iohn Haward and Iohn Hotoft , for those at Tirington . So also , the next ensuing year , had Thomas de Ingoldesthorpe , Iohn de Fitton , Iohn de Hotoft , and Will . Bataile , for all the banks throughout this Province of Marshland .

But in this last specified Commission , the said Thomas de Ingoldesthorpe and his associates , did a a Plac. coram Rege te●m . M●ch. 15 E. 2. Ro● . 2● . No●ff . nothing in effect ; so that great complaint b b Plac. coram Rege te●m . M●ch. 15 E. 2. Ro● . 2● . No●ff . was made to the King by the Inhabitants in these parts : he therefore issued out a new Commission to them , bearing date the 24th of August , in the 14th year of his reign , commanding them , that without delay they should proceed therein . Whereupon a Jury was summoned to attend them at Tyrington , upon Fryday , being the Feast day of the Decollation of S. Iohn Baptist. Who appearing accordingly , did upon their Oaths present , that the preservation of the Town of Wigenhale , on one side the great River of the same Town i viz. upon the Southwest part , was one and the same ; and that all the Land-holders , on that side thereof , were equally preserved : and that the safeguard thereof likewise on the other side , to the North-east , was also all one .

And that the Causey called Old fen diche , was made and repaired by the Parishioners and Tenants of S. Mary , S. Peters , and S. Germans of Wigenhale ; and not by the Parishioners of S. Mary Magdalens .

And it was likewise found , that aswell the said Causey of Old fen diche , as all other Causeys and Banks of the whole Town of Wigenhale , of what kind soever ; as the Lands and Tenements of all and singular the Tenants of the said Town , were preserved by the said banks from inundation and drowning by the Salt waters : and that the repair of those Banks tended to the Commodity of the said Tenants of all that Town ; forasmuch as whilst the said Banks and Ditches were repaired , the making and maintaining of those Causeys was no chardge at all . And moreover it appeared , that by the view of the said Thomas and his associates , and by that Inquisition , that those Banks which were good , at the time of the Agistment made by the before-specified Will . de Carleton , were then bad ; and that many places , which were at that time better than ordinary , were then , by reason of the ebbing and flowing of the Sea , much worse . Whereupon the said Thomas and his associates thought fit to make a new Agistment for the common safeguard of the said Town of Wigenhale ; and therefore ordered , that the Land-holders there , should make good their Banks and Ditches on that side of the said River .

After this , in another Session c c Ibid. of the said Thomas de Ingaldesthorpe , and William Bataile , held at Tirington , upon Monday next after the Feast of S. Valentine , in the seventeeth year of the said King Edward 2. the Jurors of Wigenhale did ordain and say ; that it was necessary for the safeguard of the Inhabitants and Land-holders of that Town ; as often as any distresses should be made upon any persons for the proportion assessed upon them , according to what they held ; or upon the Collectors or Receivers of the moneys so assessed ; that , after the impounding of them by the space of three days , ☞ or delivery by Replevin , they should be prized by honest and lawfull men of the said Town , in the presence of the Guardians of the Banks , and by the said Guardians exposed to sale ; and the money received upon such sale , ●o be imployed upon the affairs of the Commonalty : And that the surplusage of such money , over and above the just proportion thus assessed , to be restored to the party so distrained : Saving to the Guardians of those Banks , and their Bedels , Bylaw , Byscot , Triscot , and Wopenys , according to the Custome of those parts .

But as the expence , in such a constant support of these Banks , Ditches , Bridges , Sluses , and Sewers , within this Province , was great ; considering the frequent assaults which the Sea , in tempestuous seasons , did make upon the one side thereof ; and the fresh waters of so spacious a Fen , agitated by boysterous winds and storms ( especially in the time of extraordinary flouds ) on the other : so , for those respects , was the regard not small . For , Claus. 18 E 2. m. 12. whereas the whole Hundred of Frethebrigge , in this Shire , considering the chardges whereunto it lay subject , in supporting works of this kind , by reason of the like perils , had time out of mind , in all publick payments whatsoever , relating to the whole County , enjoyed the exemption from any more than a xij part thereof ; the Towns of this Province , viz. Walsokne , Westwalton , Walpole , Tiringtone , Tilney , Wigenhale , and South Lenne , were rated but at a third part of that xij . as is evident from the ●aid Kings Precept , Claus. 18 E 2. m. 12. bearing date 16 March , in the xviij year of his reign , directed to Constantine de Mortimer , William Bernak , Roger de Kerdestone , and Geffrey de Wyche , then Commissioners for the levying and arraying a thousand & fourty Foot-Souldiers , within this County , for his service . By which Precept it appears ; that the certain chardge whereunto this Province stood then exposed , was no lesse than a thousand and fif●y pounds per annum ( a vast summe in those days : ) and that within the compasse of xl years before , through the raging of the Sea , no lesse than seven hundred Acres of land in this Country , were utterly lost .

In 2 E. 3. Thomas de Reppes , Richard de Depham , and Thomas Shilling , were constituted d d Pat. 2. E. 3. p. 2. m. 30. in dorso . Commissioners for the view and repair of the Banks , Ditches , and Sewers , lying betwixt Wygenhale , Tirington and Lenne Episcopi . Whereupon the Shireeve had command e e Plac. coram Rege term . Mich. 30 E. 3. Rot. 105. to summon a Jury to attend them at Islington upon Monday being the Feast day of the Decollation of S. Iohn Baptist : Who appearing , accordingly , presented f f Plac. coram Rege term . Mich. 30 E. 3. Rot. 105. upon their Oaths , that all the Lands and Tenements , Common of Pasture , and Fishings , Gutters , Sewers , Bridges , &c. lying on the Sea-coast , betwixt Wigenhale , Tirington , and Lenne Episcopi , were within the Towns of Tylney and Islington ( which is a Hamlet of Tilney ) and did common together ; and betwixt which , there was no metes or bounds , the Parishes being limited by Fees : so that they said ; that the defence of the whole Town of Ti●ney and Islington , aswell on the South side of Fendiche , as on the North towards the Sea , was all one : And that all the Land-holders of that whole Town were equally secured and defended , by all the Sea banks , and banks of the River and Fen , invironing the said Town of Tilney and Islington . And likewise , that of necessity there ought to be a new Agistment made , and an assignation of banks in the parts aforesaid .

And moreover , that it would be necessary for the preservation of those parts ; that there should be kays , an● six shores made , betwixt Palmerys old 〈◊〉 gong , and the Lands of Sir Iohn de I●●aldesthorpe , at the charge of all the Landholders in those parts : And t●at every Inhabitant in those parts , should do Men werkes according to the number of Acres which they held . And that from year to year , ( according to an●ient custom ) there should be c●osen three Guardians for the safeguard of those parts : And that all the Gutters and Sewers should be maintained in common , at the charge of all the Landholders there , excepting Islington brigge , and the house of Robert de Middilton , which is done at the charges of Iohn de Engaldesthorpe , and the heirs of Sir Robert de Scales : and excepting Black diche brigge at Tilney Stow , towards the Fen , which is done at the charges of the Inhabitants of Walsokne and Emneth .

But the men of Ilsington , who held Lands in the fields called Westfeld , Harpe , and Sibille , were much unsatisfied with what was done by the before specified Commissioners ; and thereupon informed g g Ibid. the King , that though they ought not to repair a certain bank , called Lesse diche of Tilney , or any part of the same , nor ever had wont to do ; and that they neither had Lands , common of Pasture , or fishing neer the same bank , nor any safeguard or defence thereby ; but that , for their Lands and Tenem●n● , they th●n did , and of antient time had repaired a certain bank called Blake diche , by which they had benefit and preservation : Nevertheless , at the pr●s●cution of the Inhabitants of Tilney , w●o ought , and had alwaies used to repair and maintain , totally , the banks c●●led H●ddich ; under colour of an Inquisitio● , touching certain things which were amiss in those parts , taken ●efore them , the said Commissioners , they did adjudge a certain part of that bank to be repaired and maintained by the sai● men of Ilsingtone ; whereupon they were distrained so to do . The said King t●erefore being desirous that all parties should have right done to them therein , required the before specified Commissioners , to transmit the whole pro●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 h h Ibid. 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 c●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 accordingly● 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 i i Pat. 5. E. 3. p. 1. m. 39. in dorso . to view the banks and ditches in these parts of Mersh land , and to take order for their repair . The like appointment k k Pat. 7. E. 3. p. 2. m. 25. in dorso . in 7 E. 3. had Simon de Drayton , Will . Lovell , Will . de Dunton , and Peter Fitz waryn .

In 9 E. 3. at a Session l l Ex cod . MS. penès G. Goddard , a●m . 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 fi●hing there , were equally secured and defended by the Banks , Ditches , and Sew●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 , Walsok●n , and Emneth ; and that part of Wigenhale which hath commodity th●r●by , as the Towns of Tilney and Ilsington ; and exc●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 th●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 s●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 : & exce●ting all the particular Briges of such persons as were conversant upon the S●●●rs betwixt the Fedditch , and Cuntesforth brigge , in Tilney ; because they ●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 Knig●t's gole , and t●e common bank adjoyning to the said G●tter , ought to be repaired & cleansed , from thenceforth , aswell by the remote Tow●s , which have benefit thereby , as by the sa●d Towns of Tylney and Isl●ngton , a● antiently had been accustomed . And that the common Sewer● betwixt Old fen diche , and Osgood hirne should be eight ●oot in bredth at the least : a●d that upon the cleansing and scouring thereof in every place , half the ●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 t●ere turning neer the same La●d , to the Sewer next unto the Drave . And that the Trenches betwixt the tenement of Iohn the Son of Peter Drugh , & Iohn Sabine , an● elswhere in the H●●eland , called Sonner●●ye , which is unduly made a comon path , should be forthwi●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 k●pt for ever .

And they farth●r decreed , that for the inviolable performance of all the before-specified Ordinances , reasona●le Taxes should be moderat●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 & s●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 , f●r every perch unrepaired : ☞ And then a●●●●er day to be given him , to accomp●●●●●he same , before which no dang●r might in likelyhood happen ; and in case he did not make performance thereof before that time , that then he should p●y for every perch two shillings , which is called Biscot . And then , that a third day should be allowed him to eff●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 o● 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 , m m Claus. 9. E. 3. m. 18. 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 con●escend , and thereupon directed his Pr●c●pt n n Claus. 9. E. 3. m. 18. 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 Lx● . the next y●ar ●ollowing , Geffrey de Colevill , Roger de Hakebeche , Geffrey Bryseyard , and Adam de Fincham , were constituted o o Commissioners for the view and repair of the banks and Sewers ne●r Walpole , in this Province . In the winter of which year , the Sea was so outragious , that it brake the banks in sun●●y places , drowned many cattel , and spoyl●d a great quantity of corn : so that the Inhabitants of Tuney , Walpo●● , W●lsokne , West walton , 〈…〉 , petitioning . the King ●or r●medy ●●●rein , he assigned . Constantine d● Mo●ti●●er , Iohn de Hiderse●e and Iohn de la ●●kele , to make enquiry the●eof , and consider of some speedy way of redr●ss .

Whereupon a Jury was impanelled and sworn ; who presented Tilney . upon Oath , that the Town of Tilney had a c●rtain bank towards the S●a , on the East part of the said Town , extending it self from the Town of Clenchwarton towards Wigenhale , and containing in length two miles ; the charge in r●pair and m●intenance of one mile and an hal● thereof , amounted to Lviiil. xs. viz. for ●very perch xviii d. and the other half mile vil. xs. viz. for ●very p●rch vi d.

And they said , that upon Monday next after the Feast of St. Hillary , pr●c●ding , the same bank was so broken , by the raging of the Sea , in no less than five places , that the Town of Tilney was overflowed with the Sea water , and the Lands , Me●dows , and Pastures belonging ther●to , continually drowned for the space of seven days , by which means their winter-corn , then sowed upon the ground , was destroyed , as also much of the corn and hay in their Barns ; with C. Murrons , and Lx. Ewes , to the damage of CCCl. unto the said Town .

And they said , that before th●y could make good that bank , called the Indike ( containing four furlongs and an half in length ) for the safety of the said Town , five Messuages , and xl . acres of ground , which were the Lands of Thomas de Ingaldesthorpe , and others , with divers goods then therein being , were utterly lost , to the damage of a Cl. And they said , that the Inhabitants of that Town expended in the repairing the said four furlongs and an half of the same Indike , xll. and that to make the same good , as it antiently had been , would require Lxl. more .

And they said moreover , that within the compasse of Lx. years then past , one Parish Church , with the Parsonage , was by the breaking in of the Sea , ruined : and within xxx years , a Mannour house of Robert de Scales , and of his Tenants , and others , xx messuages , ● with an hundred Acres of Land , utterly lost for ever .

And they farther said , that the same town of T●lney had another Bank on the North side t●ereof , for its defence towards the Sea ; viz. in length from Tyrington one mile towards Cl●nchwarton ; the repair whereof stood them in xls. by the year . And that they had another Bank towards the Fen , called Pokediche , containing in length one mile , for defence thereof against the fresh waters ; the repair whereof stood them in xls. per anum . And that the whole yearly chardge which the said town of Tilney did undergo , in the repair of the said Banks , Gutters , great and small , Bridges , Kays , and Schores ; with several Sewers , for the preservation thereof , came to Cxll.

And they likewise said , that this town of Tilney by that grievous tempest so hapning upon the Monday before-specified , lost one Gutter , called Scales goule , to their damage of xxxl. And that the charge in new making of xij new Gutters , great and small , five Bridges to be new made , or repaired , and divers Sewers , would amount unto xxxl. which of necessity must be done the Summer following .

And they said , that these dangers did every year much increase upon them , in regard that the Fifteen taxed upon them for the two preceding years , amounted to Lxl. and the raising , arming , and arraying of Hobelars and Mariners xxl. there being DCCxlvij . acres of land , lying within them , which belonged to the Abbies of S. Edmundsbury and Dereham , and other Religious Houses , which were assessed with the Spiritualities , and therefore contributed nothing therein .

And they said s s Ibid. n. 112. , that the town of Walpole had a certain Bank , on the North part thereof , for its defence towards the Sea ; which Bank extended from the town of Tirington , to the Gutter of Waltone , Walpo●e called No●●che gole , containing in length three miles ; whereof two miles would require CCl. per annum chardge , and the residue xls.

And they also said , that upon the before-specified Monday , next after the Feast of S. Hillarie , the same Bank was so torn by the raging of the Sea , that the Inhabitants of the said ●own bestowed xll in the repair th●reof .

And they said mor●over , that in the eighth year of the same Kings reign , upon the Eve of S. Andrew , a certain S●a-bank , at Ristofte , broke by the violence of the waves , whereby two hundred acres of land were utterly lost for ever : And that within thirty years th●n last past , they likewise lost for ever , one Parish Church , xx messuages , and CCC . acres of land . And likewise , that the Inhabitants of this Town were at the yearly chardge of Lxs. in repair of the Gutters great and small , with divers Bridges belonging thereto . And that the said Town had also another Bank towards the Fen , called Pokediche , for defence thereof from the fresh waters ; which Bank contained one mile in length , and stood them in xls. per annum repair .

And they said , Walsokne that the town of Walsokne had a certain Bank for it's defence towards the Sea , extending from Warfanglestowe to Emeneth menys , and cotaining in length three miles ; whereof the repair for one mile , amounted to xxvil. per annum , viz. for every perch vid. And that the same Bank , was so broken by the rage of the Sea , upon the before-specified Monday , that the Inhabitan●s of the said Town were at xxl. costs in repair thereof : And that in the eighth year of the Reign of the said King , upon the like occasion , they spent xxxl . And that the yearly chardge in repair of the Gutters great and small , and Bridges , for safeguard of the T said own , amounted to Cs.

And they likewise said , that the same Town had a certain Bank called Pokediche , towards the Fen , for defence thereof from the fresh waters ; which Bank , containing one mile in length , had xls. per annum bestowed thereon in repairs .

And they said , that the before-specified Inhabitants , in repairing of one Gutter at Colevile's Mill , in the twelfth year of King Edward the second 's reign ; and another at Coldhirne , in the eighteenth year , for drayning the waters from their lands to the Sea , expended xl l.

And that the stream of the water , called Wallenhee , which had wont to run towards the Sea , under the Sea-bank of Walsokne , where it had made so great a depth and hollownesse , ☞ that the Lands in that Town had a sufficient evacuation of their waters , to the Sea , thereby ; being , at the sute of the Inhabitants of the Counties of Northampton , Cambridge , Huntendon , The new course of UUellen Eee . and Lincolne made to the King , and judgement of his Court , diverted towards Wigenhale , by Well dam ; the sands were grown to that height in those Chanels , wherein it had formerly passed , that the wa●ers of the said Town of Walsokne could not drayn , any longer , that way ; by reason whereof no lesse than CCC . Acres of ground sowed with Winter Corn , were in the seventh year of the reign of the said King ( Edward 3. ) overflowed and drowned , to the damage of fifty pounds ; viz. every Acre xl d. And in the eighth , ninth , and tenth year● , for want of the like Drayning , their losse was xlv l. viz. every year for each Acre xij d.

UUest UUalton . And they said , that the Town of West Walton , with the Hamlet of Enemeth , had a Bank for defence of the Sea ; beginning at Nobeche got● , and extending it self in length to a certain boundary , called UUarthangl●stoke , two miles and an half ; whereof one mile co●t them xl l. And that they had another Bank of defence against the Sea , extending it self from a certain place , called M●r●iche , to Boxted hirne , containing in length three miles ; the repair whereof did cost yearly , in the whole , vi l.

And they said , that the same Bank in UUest Walton , was so broke in the VVinter preceding ( upon the said Monday next after the Feast of S. Hillarie ) that the Inhabitants of that Town and Hamlet , were at Lx l. charge for repair thereof , and for safeguard of the same ; over and above the cost which they yearly had used to be at therein : And that in the said eighth year of the before-specified King , on the same Eve of S. Andrew the Apostle , they lost by the raging of the Sea , fourscore Acres of land ; by reason whereof , they were constrained to make a new Sea-bank , of four ●urlongs in length , which cost fourscore pounds , viz. every particle x s. And that in the first year of the said King , they lost seven messuages , and sevenscore Acres of land and an half , by the violence likewise of the Sea . And in the tenth year of K. Edw. the second , they also lost , by the like means , xiij messuages , and eightscore Acres and an half of Land ; and in the second year of the same King Edward 2. xij messuages and sixscore Acres of Land .

And that they had a certain Bank called Pokediche , for defence against the fresh waters , containing in length one mile , which stood them in xl s. per annum chardge . And they said , that the same Town and Hamlet did maintain three Gutters for drayning away of the fresh water ; one towards the Sea , and two towards the Fen ; which were new repaired in the ninth year of the then King , to the cost and expence of xl l. and that the yearly chardge in repair of them , came to xx s. And that in Gutters , Pipes , Sewers , and Bridges , they spent yearly no lesse than Lx s.

And they said moreover , that the four Towns before-mentioned , with the Hamlet , had a certain Gutter , called Knight's gole , which then wanted repair ; as also a certain Sewer to thesame Gutter , extending it self five miles in length , the chardge in repair whereof , amounted to Lx l.

And they said , that UUigenhale , UUigenhale . Tirington , and South Lenne were neighbouring Towns : and that UUigenhale had a certain Bank , containing in length seven miles ; on one side the great River , called UUigenhale hee . ☜ And on the other side of that River , a Bank of three miles in length .

And that they had a certain Bank for defending of the fresh waters ; as also Bridges , Pipes , and Sewers , Causies and floudgates which occasioned them much expence every year .

And they said , that on the morrow after the Epiphany , in the third year of the then King , a certain Bank on the West part of the said River , by means of the raging of the Sea , broke ; so that the Tides entred and overflowed a thousand Acres of Land , sowed with Corn , to the great damage of the same Town . And that on the West part of the said River , by reason of the like tempests , hapning upon the Eve of S. Hillarie next before , the before-specified Bank was broken and torn , so that the tides entred , bore down a House , and overflowed CC. acres of land sowed with Corn. And that , on the Eve of S. Andrew , in the eighth year of the same King , the said Bank , was by the like mishap broken again , for the length of three furlongs , in a certain place called Burtys bithe , insomuch as the tides flowing in thereat , overwhelmed a thousand Acres of Land sowed with Corn : And that on the morrow after the Feast of S. Hillarie then last past , there was by the like means , a breach made on the East part of the same River , whereby eightscore Acres of Land sowed with Corn were overflowed .

Tirington . And they said , that the men of Tirington had a certain Sea-bank , containing three miles in length ; and another Bank for defence of the fresh waters ; as also Gutters , Bridges , Sewers , and Causies , which occasioned them great expences every year . And that the Gutter , called Orehowe , was broken on the Eve of S. Hijlarie then last past ; and likewise another Gutter , called Newethrowe , by the violence also of the Sea ; both which did then want repair . And that a certain Gutter , called Giggesthorne , was also so broken , that it stood in need of repair .

And they lastly said , that the Town of South Lenne , with the Hamlets , had a Sea-bank , and Sewers , with Bridges and Floud-gates , which were also very chargable to them .

The said King therefore much compassionating the great losses which the Inhabitants before-mentioned did sustain , by reason of those lamentable breaches in their Banks and inundation of the Sea , as aforesaid ; constituted t t Pa● . 11. E. 3. p. 3. m. 2. in dorso . Iohn Howard senior , Gilbert de H●thil , Geffrey de Brusierd , Iohn de Swa●ham , and Adam de Walfokne his Commissioners to view the same ; and to make new Agistments for the same Sea-banks , for the safeguard of the Country , as often as need should require .

And the next year following , there being u u Claus. 12 E. 3. p. 1 m. 40. a Tenth and Fifteenth to be Assessed and Collected , which had been granted to the King in his Parliament held at Notingham , about two years before , upon the humble Petition of the Inhabitants of Tilneye , Walpol● , Walso●ne , and West UUaiton , and the Hamlet of Enemethe ; as also of the Towns of UUigenhale and Tirington , exhibited to the said King ; by which they represented their extraordinary losses by the before-specified inundations ; desiring , that the Assessment might not extent to any other of their Goods and Catalls , than what they had remaining after those their disasters ; the King tenderly commiserating their condition , required Constantine de Mortimer and Iohn de Hedersete , who were then appointed Collectors thereof in this County , that they should not assesse it in the Towns before-mentioned , otherwise than according to the direction which they had specially received from himself , under his Seal to that purpose ; whereby Tilney was taxed at xl. UUalpole at xvil. viijs. Walsokne at xijl. UUes●waltone , with the hamlet , at xvil. ijs. UUigenhale at xi j xil. iiijs. & Tiryngton at xvil. ixs. vid. And thereupon he commanded w w Ibid. the Treasurer and Barons of his Exchequer , that they should , for the considerations afor●said , accept thereof ; and upon payment of those sums , dischardge them of the same .

In 16 E. 3. Will . Corbet , Iohn de Houtone , and Edmund Noen were constituted x x Pa● . 16. E. 3. p. 2. m. 24. in dorso . Commissioners for the view and repair of the Banks , Ditches , and Sewers throughout all this Country of Marshland . And in 20 E. 3. Sir Robert de Causton , and Sir William de Dunton Knights , Edmund de Gunevyle Parson of the Church of Tyringtone , Iohn de Brymmesley , Adam de Walsokne , and Thomas de Welverton had the like Commission y y Pat. 20. E. 3. p. 2. m. 18. in dorso . for those Banks in Tyringtone ; with direction to make new Agistments for the better safeguard of them , as often as need should require . So also the same year , with the like direction and power for making new Agistments , had z z Ibid. p. 3. m. 20. in dorso . Iohn de Hedersete , Robert de Hake●eche , Roger de Dersingham , Hugh de Walton , and Adam de Walsokne , for all the Sea-banks throughout this whole Province .

In the same year , the Inhabitants of Wigenhale , Walpole , Walsokne , Tylney , Tirington , West Walton , and the Hamlet of Enemethe , complaining a a Pa● . 21. E. 3. p. 2. m. 9. in dorso . to the King ; that though the Assessors of the Fifteenth , granted to the King in Parliament , in the xith year of his reign , of all their goods movable , for the term of three years , did tax them the said Inhabitants at lesse sums for the said Fifteen than they had used to be rated at before their losses by the Seas inundation ( as hath been observed ) And that though the same persons had often undergone the like , since that time ; neverthelesse the late Assessors of another Fifteenth then granted to the King , had exacted from them the antient sum , wherewith their said Towns were chardged before they suffered such losses ; ☞ and that the Collectors of VVooll , did impose the like rates upon them ; and not only so , but that the Shireeve had endeavoured by distresses to levy the arrears of that old Fifteen , whereof , by the said Kings special direction , they were to have abatement ; he therefore appointed b b Pa● . 21. E. 3. p. 2. m. 9. in dorso . William de Thorpe , Iohn de Walton , and Roger Petygard to make enquiry thereof , and to certifie the truth in the pr●misses .

By virtue of which Commission , the said William , Iohn , and Roger sate c c Esc. 21. E. 3. n ...... at Tylney , upon Monday next after the Feast of the Nativity of the blessed Virgin , in the year abovesaid ; before whom the Jurors presented ; that in and after the xith year of the then King , there were destroyed and drowned by the raging of the Sea , ten messuages and C. acres of Land in UUigenhale , Wigenhale . belonging to divers persons ; and that several other Lands were there dayly overflowed , and in danger likewise of being lost . And that the Lands and Tenements of the Inhabitants of the said Town , did lye on both sides that arm of the Sea , which ran through the midst of the said Town . And they said , that the men of that Town , by reason of the beforementioned arm , did yearly repair and maintain two Banks ; the one containing six miles in length , and the other three , the chardge whereof amounted to Cxxl. per annum , and more ; as by estimation they were given to understand . And they likewise said , that the before-specified Inhabitants , did yearly repair and maintain one Bank called Pokediche , containing two miles in length , for their defence against the fresh waters , the charge whereof came to Cs. per annum , and more .

And they said , Walpole . that in that same xith year and afterwards , there were by the said inundation , Cxl. Acres of Land in Walpole , drowned , and for ever lost . And that the Inhabitants of that Town , did yearly repair and maintain a Sea-bank , containing three miles in length , which extendeth it self Northwest , from the Town of Tyrington , unto a certain Floud-gate of Waltone , called Nobeche gote ; for the repair & ma●n●enance wherof , the Inhabitants of the same Town did yearly expend Cxijl. And that h●y did repair and maintain a certain Ditch , called Pokediche , containing a mile in length , for their defence from the fresh waters ; the charge whereof came to more than xl. per annum : besides other new works about those Banks , which yearly rose to xll.

And they said , Walsokne that in the same xith year , and afterwards , two Gutters , which had been then lately made at Walsokne , for avoidance of the fresh waters of that Town , towards the Sea , were wholly filled up by the raising of silt , and utterly destroyed ; by reason whereof CC. Acres of Land , belonging to several men there , were every year overflowed , in Winter time , to the damage of ten pounds to the Inhabitants . And they said , that the before-specified Inhabitants of that Town did repair and maintain , for every acre of land within the same , four foot of the Sea-bank , for defence of their lands against the Ocean . And likewise , for every acre of land in the same Town , one foot of the Bank of Pokedike , for keeping off the fresh waters ; the charges of both which was more than xxx l. per annum . And that they did likewise yearly repair and maintain one Sewer , containing five miles in length ; viz. from the Town of Walsokne to UUigenhale , which stood them in more than ten pounds per annum .

And they said , Tilney● that in the same xith year , and afterwards , seven messuages , and ten acres of land , belonging to divers men in the Town of Tilney , were by the like outragiousnesse of the Sea , drowned and for ever lost ; and that divers lands of the Inhabitants there , were dayly overflowed . And they farther said , that the said Inhabitants of that Town , did yearly repair certain Sea-banks , towards the River , ☞ called Wigenhale Ee , viz. from Catysbac-gole to King's gole , which contain xxiiij furlongs in length ; whereof xviij do extend from a certain place called the Hope , to Edeyenesgole , and were often subverted by the Sea-tides , so that the men of that Town did thereby lose a great part of their land yearly . And they said , that the before-specified Inhabitants were at the yearly charge of three pounds , for repair of six furlongs of the said Ditch , and for every furlong , besides , ten Marks .

And they said moreover , that there was a certain Gutter , called Scales gole , but lately made , for safeguard of the lands of those Inhabitants ; which was then destroyed by the Sea-tides ; by reason whereof , a great part of the said Town was drowned and made yearly much worse , to the annual damage of xxl. so that , for the better defence of their Lands , and Bank , they were constrained to make two Scores , the charge whereof came to C. Marks , which Scores were also , by the raging of the Sea , over●hrown and spoiled , to the losse of that Town Cl. And they likewise said , that the before-specified Inhabitants did every year expend xxl. in the repair of two Banks , viz. Pokediche and Blakediche , for def●nce of their lands against the fresh waters : and that they were at the yearly charge of xxl. more , for other common works ; and likewise xl. for maintenance of their Gutters and Sewers .

Tirington . And they said , that in the same xith year and afterwards , a thousand Acres of land , belonging to the Town of Tirington , were yearly overflowed by inundation of the fresh waters , in regard that the Sluse called Scales gole , being destroyed and spoiled by the Sea-Tides , as abovesaid , did occasion the breach and ruine of another Sluse , called Oxhowe , by which the said fresh waters passed to Scales gole ; the damage whereof was Lxl. yearly to the said Town . And they also said , that CC. Acres of Marsh , belonging to the same Town , viz. in Rushemershe and Newemershe , were overflowed by the said tides , to the damage of the said Inha●itants , more t●a● six Marks yearly . And that the said ●own , for repairing of the Sea-b●nk , containing two miles and an half in l●ngth , and of the Bank of Pokedich● , containing one mile in length , was at the yearly chardge of xxxix . and upwards .

And they said , W●st-W●●ton that in the before-s●●cified year , and afterwards , sixscore a●res of land belonging to the inhabi●●nt● of UUest Walton , were overflowed by the Sea-tides , to the yearly dam●ge of xl ● . by reason that the Sea-banks were , with such fearfull tempests , so broken as aforesaid ; and that the charge in repair of them came to more than Lx. per annum . And that they did yearly repair , for every acre of land lying in the said Town , six foot and two inches of the said Sea-banks : and likewise for every acre , one foot of the said Bank called Pokediche , the charge whereof amounted unto xl ● . yearly , and more . And that they also spent xl. per annum , in repairing of Gutters and Sewers , for draining of their land . And they said , that fiftie three messuages , and three hundred acres of land in that Town , were drowned and utterly lost for ever , by the inundation of the Sea .

And they lastly said ; Enemeth . that in the year aforesaid , and afterwards , ten messuages , and an hundred acres of land , belo●ging to several persons , within the Hamlet of Enemeth , were utterly destroyed and drowned by the same inundation of the Sea . And that the Inhabitants of that Hamlet were at the yearly charge of xxxl. and more , in repairing of the Bank called Pokediche , for the safeguard of their Land .

Upon the return of which Inquisition wherein those their great losses , and constant yearly charges were so evidently set forth , the said Inhabitants of Wygenhale , and the other Towns before-mentioned , did again Petition d d Claus. 22 E 3. p. 1. m. 5. the said King ; representing their hard usage from the Assessors of certain Fifteens and Tenths , then lately granted to him , in Parliament , by the Commons of this Realm ; viz. that whereas , in the eighth year of his reign , the Town of Wigenhale was taxed at xxxvijl. Walpole at xxxv . l. x. s. Tilney at xxx . l. West Walton at xxiii . l. Walsokne at xxvi . l. viii . s. Tirington at xl . l. ix . s. and Enemethe at xiii . l. for the Fifteen then granted : and , that notwithstanding so much of their Lands had been drowned and utterly consumed ; as also , that by reason of the frequent inundations , since hapning , they had little hope of the recovery thereof ; yet did not the said Assessors for the Fifteens and Tenth , granted in the eleventh year , and two more Fifteens and Tenths granted in the eighteenth and twentieth years of the said Kings reign , cease to tax them as heavily , as they had been levyed in the eighth year above-mentioned : Lest therefore , in regard of their disabilities to bear so great a burthen , they should be compelled to leave the Country ; the said King , taking the premisses into mature consideration , and advising therein with his Council , directed his Precept e e Claus. 22 E 3. p. 1. m. 5. to the Treasurer and Barons of his Exchequer , requiring them to accept of two parts of the several summs so imposed , and to abate the third unto those particular Towns before-named .

The next year following , the King being advertised , f f Pat. 23 E. 3 p. 1. m. 30. in dorso . that the Bank called Pokedyke , which by the assent of the whole Commonalty in those parts , had of antient time been raised and made , for the defence and safeguard of the Town of Wygenhale , and the parts abovesaid , against the suddain inundations and violence , aswell of the Sea , as of the sresh waters , usually annoying them ; was at that time so torn and broken , that divers inestimable losses , for default of its repair , had hapned ; and that more were like to be in process of time , unless some speedy remedy were had ; assigned g g Pat. 23 E. 3 p. 1. m. 30. in dorso . Iohn Howard , Robert de Causton , Iohn de Berney , Will . de Wychingham , and Roger de Dersingham , to take a view thereof ; and to enquire by the Oaths , aswell of Knights as others , by whose default the said breaches were so made ; and who they were that did commonly drive their Cattel upon the same Bank : and by heavy distresses and amercements , to constrain all such persons , as well those who were guilty of the said breaches , as those who had any benefit by the same bank , together with others who were obliged to the repair thereof , in case there were any such , to take speedy course for the amendment of the same , according to the proportion of what each man held .

In 26 E. 3. Sir Robert de Causton Knight , Raphe de Rocheford , Hugh de Walton , and Raphe de Bygeney were constituted h h Pat. 26. E. 3. p. 3. m. 22. in dorso . Commissioners , for the view and repair of the Banks , Ditches , and Sewers in Walpole and Walton . Several other Commissions were , in the succeeding years , issued out to the like purpose ; viz. in 27 E. 3. to i i Pat. 27. E. 3. p. 1. m. 29. in dorso . the same Sir Robert , Raphe , Hugh and Hugh , together with Thomas de Baa and Will . Durant , for all those upon the Sea-coast , in this Province . In 28 E. 3. to k k Pat. 28. E. 3. p. 1. m. 24. in dorso . Will . de Dunton , Rob. de Hakebeche , Iohn de Tylney , Iohn de Wilton , Will . Durant and Hugh de Walton , for the same Sea-banks . In 30 E. 3. to l l Pat. 30. E. 3. p. 1. m. 22. in dorso . Iohn Bardolf of Wirmegeye , Ric. de Wylughby , Iohn de Berneye , Adam de Shiryngham , and Roger de Dersyngham , for those in Suth Clenchewarton and Wigenhale . In 32 E. 3. to m m Pat. 32. E. 3. p. 1. m. 30. in dorso . Sir Saier de Rocheford , Sir Rob. de Causton , and Sir Iohn de Tilneye Knights , and others , for those in the parts of Mershland , betwixt the waters of UUellestreme , UUysebeche , Welle , and Wygenhale . In 36 E. 3. to n n Pat. 36. E. 3. p. 1. m. 15. in dorso . Rob. de Thorpe , Richard de Walkefare , Robert de Causton , and others , for those betwixt South Clenchwarton , neer Lenne , and Wigenhale . So likewise , in the same year , to o o Ibid. the said Rob. de Causton , Hugh Lovet , Gilbert Bernard , and others , for those betwixt Tyrington and West Walton .

About this time did the Inhabitants of UUigenhale , Ilsyngtone , Tilney , Clenchwarton , Watlyngtone , Roungtone , Holme , Secchithe , and West UUinche ( all in this Province of Mershland ) exhibit a dolefull Petition p p Ex ver. membr . in Armario Cartarum de Lenne in Com. Nor●● . to the King ; shewing , that whereas the said Country of Mershland had been much overflowed and surrounded by great and violent flouds of Salt water , to the extraordinary damage of the said King and the whole Realm : and whereas the River ( going to Lenne ) had used to run betwixt certain banks , distant a sunder twelve Perches , at which time all people had sufficient passage with their Boats to and fro , the fresh waters free course to the Sea ; the Banks on one side of the said River , were at that time so low by reason of the before-specified flouds , that the said River was then a full mile in bredth . And moreover , that some of the Inhabitants of Lenne , had promoted a Bill in the Parliament then sitting ; wherein it was alleged , that the course of the said River ought not to be made narrower , under pretence that if it should , not only the Port of the said Town of Lenne would be destroyed , but the Counties of Cambridge , Huntendon , Northampton , Bedford , Buckingham , Leycester , UUarwick , Derby , and Suffolk , would sustain much damage thereby : and that the said Bill was maliciously made , and without reason , as it might be justly proved , in case the said King would condescend , that the Justices put in Authority for the preservation of the said Country , would do their duty therein , and proceed according to the Law and Custome of the Country ; considering the sudden mischief and destruction , which might happen by one hours neglect ; the whole Country being in danger of irrecoverable drowning : desiring that the said Justices might not be superseded , but that they might proceed to reduce the same River into it's antient bounds , and in such sort as it was before the boysterous flouds had carryed away the before-specified Banks , and the Country so surrounded .

In 37 E. 3. Sir Saier de Rocheford , Sir Robert de Causton , Sir Hugh Lovet , and Sir Raphe Rocheford Knights , Thomas atte Lathe , and others , were appointed q q Pat. 37. ● . 3. p. 1. m. 46. in dorso . to view and repair the Banks , Ditches , and Sewers , betwixt the Rivers of Wellestreme , Wysebeche , Welle , and Wigenhale , in this Province of Mershland : with direction to proceed therein according to the Law and Custome of this Realm . The like Commission r r Ib. m. 26. in do●so . had Rob. de Ufford Earl of Suffolk , Robert de Thorpe , and Iohn Knyvet , for those Banks &c. betwixt Lenne and Wygenhale . So also in 51 E. 3. had s s Pat. 51. E. 3. p. 1. m. 41. in dorso . Robert Howard , Iohn Colevyle , Raphe de Rocheford , and others , for all the Banks &c. throughout this whole Province .

And in t t Pat. 1. R. 2. p. 1. m. 25. in dorso . 1 R. 2. Roger Scales , Robert Howard , Iohn Colevill , Raphe de Rocheford , Reginald Hakebeche , William de Petworth Clerk , Hugh de Gandeby Clerk , Iohn de Rochefort , Iohn Mareschall , and William Newehous .

It seems that there was nothing done upon that Petition exhibited to King Edward the third , by the Inhabitants of Wygenhale , and the other Towns therein mentioned , for reducing the River into its antient bounds : for I find , that in 2 R. 2. they presented another u u Pat. 2 R. 2. p. 2. m. 10. in dorso . to the then King , importing the same in effect as the other did : adding , that the said water , by reason of its extraordinary bredth , after the Banks on the one side thereof were worn away , had so great a power upon the Bank on the other side , that all the Towns in those parts were frequently overflowed ; and the chardge in maintaining of the said Bank grown so great , that they were not able longer to support it ; so that their Country was in much danger to be totally destroyed , in case some fit remedie were not speedily used . The said King therefore by the advice and assent of his Prelates and Nobles , then assembled in Parliament , constituted w w Ibid. William de Ufford Earl of Suffolk , Robert de Wilughby , William de Wychingham , and Iohn de Hawe , his Justices , to take view of those Banks , and to enquire what remedy might be had therein , whether by reducing the said stream into a narrower compasse , or otherwise ; and if by making the course thereof narrower , thenin what place to make new Banks for that purpose , and in what manner : and likewise to enquire through whose default those losses had thus hapned ; and who did hold any Lands , Tenements , Common of Pasture , or Fishing in those parts , or that had safeguard and benefit , or losse , or might any ways have , either by the said stream , aswell those that inhabited at a distance , as those that lived neer unto it ; and to distrain them for the repair thereof , according to the proportion of their Lands , to be new measured by Acres , if need were ; or by Carucates , or quantity of Common of Pasture and Fishing .

By virtue of which Commission the Shireeve was required to impanell x x Ex praef. cod . MS. penès O.S. Iohn arm. f. 44. b. a Jury to enquire &c. Which he did accordingly , and attended the said Justices at Wigenhale , on Saturday next after the Feast of the Apostles Peter and Paul ; where being sworn , they presented y y Ex praef. cod . MS. penès O.S. Iohn arm. f. 44. b. as followeth ; viz. that the Banks on each side the before-specified River , running up from the main Sea into the Countrey , through the midst of the Towns of Clenchwarton , Tilney , Islington , Wigenhall , Watlington , and Roungeton-Holme , and farther , even to Pokediche , were , through the extraordinary raging of the Sea , so miserably broken and torn , that the greater part of the Lands and Tenements in South Lenne , Hardwick , UUestwinche , Secchithe magna , and Secchithe parva was overflowed and destroyed : And that there was no other remedy for the safeguard of those Towns , and the parts adjacent , against the fore-mentioned dangers , but only the reducing of the said River within narrower bounds , and other means following .

And they said , that such a restraint thereof might well and conveniently be done for the safeguard before-mentioned , in a certain place , called Larkes hirne , in South Lynne , in this manner ; viz. that whereas the same River did in that place then contain in it self xl perches in bredth ( every perch being reckoned at xvi foot ) it ought of necessity , to be restrained in that place , on both sides , for the safety of those Towns , xxxiiij perches , every perch being of the length abovesaid ; so that the bredth of the Chanel of the same River should be reduced to six perches . And thence , on the East side of the same River , that a new Bank should be made , directly , to a certain other River , called Secchithe , and so to the House of the Friers Carmelites of South Lenne : which River of Secchithe was then five perches wide ( as they presented ) but ought to be reduced to the bredth of one perch ; accounting the said perch at xvi foot long , as aforesaid .

And they said , that if such restraint of that River before-mentioned , and a new Bank were not made , all the Banks on each side the said stream , betwixt the Town of Lynne and Pokediche , would be totally ruined ; and consequently the said Country wholly destroyed : And that all such straightning of the said Rivers , ought to be made by the Land-holders in Clenchwarton , Tylney , Islington , and Wigenhale : and that for the same defence , to be performed in form aforesaid , they ought every one of them to give their assistance , according to what each man held : provided always that no Tenant or Commoner upon a certain place called Tylney Smethe , Privilege to the Tenants of Tilney● Smethe , and Marshland fenn . and on another place called Marshland fenne , should , by reason of any Commodity had , in either of those places , contribute any thing thereto .

And they likewise said , that all the owners of land , from Larkyshyrne , to the common way , which leadeth from the Bridge at Wigenhale S. Germans , unto the Bridge at Secchithe magna ; and from Hardwick house directly Southwards , to the said Bridge at Secchithe , in length ; and from Gre●nediche , which joyneth upon Hardwick dam , Northwards , and Gerys dam Southwards ; and from UUest Wynchegreene , which joyneth upon Gerys dam , Northwards , in a place where 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 Po●dyke , Southwards , to Gerys dam , and thence , Southwards , in the Newlande to Deylode Drove ; and from Wigenhale●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 z z Pat. 11 R. 2. p. 1. m. 33. in dorso . to view and repair the Banks &c. betwixt Cattesbak , and the Fen ende , within the Town of Tilney . The like Commission a a Pat. 7. H. 4. p. 2. m. 25. i● dorso . 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 b b Pat. 10. H. 4. p 1. m. 13. in dorso . 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 c c Pla● coram Rege term . Pasch. 10 H. 4. Rot. 9. Norff. Et Rot. 62. 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 ● and Robert Bird , were assigned Pat. 8. H. 5. p. 1. m. 31. ●n do●so . 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 e e Ex cod . MS. ●●nès G●i● . Godda●● ●● m. , 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 Ex cod . MS. ●●nès G●i● . Godda●● ●● m. Thomas Duke of E●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 ; The making of the new Pokedike . that there should be another Wall or Bank made new , on the North side of Salterys lode brink , by all the Land-holders throughout Marshland ; and all the Inhabitants and Residents within the Towns thereof , and of the Town of Wigenhale .

And that the said Bank so to be made new , should be made and raised upon the North side of the great River , which passeth from UUelle to Salterys lode , and UUigenhale ; viz. from the shore of that River by the space of xxiiij foot : as also to begin in that place called Salterys lode , and to extend it self from thence , to the Priory of Mullycourt , Westwards ; And that the height thereof from Salterys lode to North delfe , shall be five foot from the levell earth , and the thicknesse at the bottom xviij foot ; and from Northdelf to the said Priory , six foot in height from the ground , with xviij foot in bredth at the bottom , and xij at the top , of good measure , so that it might sufficiently keep out the water of the Fen. And that all the menure for the making of the said Bank , should be taken on the South side thereof neer the water , but not within the space of xij foot of the skirt of the same Bank , excepting in time of necessity , when no earth might be had any where else , by reason of the inundation of the fresh waters : by which means , not only the River it self might be inlarged in bredth twelve foot more , where need should require , for the better carrying away of the fresh waters ; but the Kidells being in the same stream might be sufficiently widened .

And the said Jurors did also decree and ordain , that it might be lawfull for every man , in making his proportion of the said Bank , to dig earth on the North side of the same , in Winter time , when by reason of the flouds of fresh water coming down , it could not be taken on the South side ; so that such digging on the said North side were xl foot distant from the same , upon penalty of being amerc'd .

And they likewise decreed ; that every Land-holder having Lands within any of the said Towns of Marshland , and Town of Wigenhale ; as also within the precinct aforesaid , should have his portion of the same Bank assigned to him , according to the quantity of his Land , according to a new Agistment to be thereof made . And that all the Land-holders in Stow Bardolf , betwixt the Hord hedding and Tilney Bank ; and within the Bank of Stow lode brinke , and the Ferry pit of Wigenhale , should be agisted upon the said Bank , each man according to what he held .

And they did moreover ordain ; that all persons , aswell Horsemen as Footmen , which should happen to come to the repair and maintenance of the said Bank , at any time of the year , upon necessity ; should have free and safe coming to and fro , with their Carts and other things , not only in order to the said repair , but for the supervising thereof ; and to stay there with their said Horses , and return the neerest way for them , without the danger of any amerciament , distresse , or other punishment for so doing : saving alwayes to the Lords of the Fees , Waifs , Estreys , and punishment for bloud-spilling , and amerciaments for Hue and Crye there levyed .

And they likewise ordained , that every person , having lands within the precinct of the said Bank , so to be new made ; and that might have safeguard and benefit by the making and repair thereof , or losse by its not making , should be obliged to the making and repair of the same , according to his proportion , betwixt the said Priory and Salterys lode , according to the Law and Custome of the whole Country of Marshland . And , that every of the said Towns of Marshland , and Town of Wigenhale , being within the before-specified precincts , should be obliged , according to his proportion , to the making and repair of the said Bank , upon penalty of xxl. to be paid to the King , as often as any defect could be found in his not performance thereof . And they also ordained , that every Guardian of the same Bank , should have power by the said Law , to take distresses , for the performance of the premisses , when need might require , without the contradiction of any man whatsoever . And , that every such Guardian , doing his Office , in respect of his tenure , within the precinct aforesaid ; or that ought to do it ; should perform it duly and diligently , for the better making of the said Bank , so that no defect might be found therein , under the same penalty , as was antiently established by the Law and Custome of Marshland , for the making and repair of the before-specified old Bank , called the Poke diche . And , that if any person agisted for the making and repair thereof , according to the proportion of his tenure , should be found refractory , and disobedient to the said Guardian , for the time being ; in what he should direct ; that then he to be distrained , punished , and compelled by the said Guardians , for the well and sufficient performance of the same , according to the Law and Custome of Marshland .

And they moreover ordained ; that neither the Lord , nor any Commoner should depasture his Cattel upon the said Bank , so to be new made , excepting sheep : nor that they should drive any Cattel upon the same , for the future avoiding of those inestimable losses which had hapned in times past , by so doing ; upon forfeiture of a peny for every beast so driven , or there depasturing , by the appointment , knowledge , or neglect of those that ought to look to them ; to be paid to the Guardian of the said Bank , as often as any such delinquency should happen . And that the Cattel found depasturing , or driven , aforesaid , upon the said Bank ( sheep as aforesaid excepted ) to be taken and impounded , and in the pound detained , untill the owner of them should pay the before-specified penalty : which forfeiture to be imployed for the repair of that part thereof , as should be so hurt by such Cattel .

Also they did ordain , that Iohn Bekeswell , and his heirs and assignes , Tenants of the messuage of North delfe , should sufficiently repair and maintain that Bank opposite to his messuage on the South part , both in thicknesse and height , as often as need should require , for ever , at his and their own proper costs and chardges , so that through default thereof ; no damage might come to any one within the precinct of the same , under the penalty antiently established for reparation of the Banks , Gutters , and Sewers in these parts of Marshland , according to the Laws and Customes thereof .

And that the Prior of Mullycourt and his successors , under the same penalty , should make new , as also repair and maintain well and sufficiently , aswell in thicknesse as height , one Bank throughout his Priory , opposite thereto , upon the South side .

And they likewise then ordained , that the Inhabitants of the whole Town of Outwell , their heirs and assigns , should new make , repair and maintain one Bank well and sufficiently for ever , both in thicknesse and height , towards the before-specified great River , and on the North side thereof , from the said Priory of Mullicourt , throughout all the Town of Outwell aforesaid , unto the Mansion house of Thomas Beaupre , where need should require , upon the penalty above-mentioned . And that the said Inhabitants of Outwell , their heirs and assigns , should , in default of such new making or repair of the same , forfeit Cs. to be paid to the King , as often as there should be cause by that their neglect .

And they said moreover ; that there was a certain field , called Plawfielde , lying in the Town of Upw●ll ; and certain other fields , called Kyrkfield and Budbeche , in the Town of Upwell and Outwell ; as also another field , called Sandyfield , in the Town of Outwell aforesaid , which were every year overflowed by the fresh waters , to the great damage and impoverishing of all persons having lands in the same , as of all other , having lands within the said Bank , called Pokediche , then to be new made : and therefore they did ordain , aswell for the better safeguard of all the lands , lying within those fields , as of all others lying within the Precinct of the said Bank , called Pokediche , to be then newly made ; that there should be made one new Pipe , under the Bank , called Kirkfield diche ; and under the great River there , and the said new Bank , on the VVest side of the said Priory of Mullycourt . And likewise one new Sewer , from the said new Pipe , through Mullycourt drove to Rightforth lode ; thence into North hooke , and thence into the great River , which runneth from Salterys lode to Bishop's Lynne : And that all persons , having Lands and Tenements in the said fields , called Plawfield and Kirkefield , should always repair , clense , and scour the said Pipe and Sewer , so to be new made , unto Kightforth lode , at their own proper costs and charges , when and as often as need should require . And that all persons and their heirs having lands in the said fields , called Budbeche and Sandy field , should have one Sewer there , for avoiding the fresh waters thence , into Blewe diche ; and from Bl●we diche unto Rightforth lode . And that the same persons , so having lands in those fields , called Budbeche and Sandyfield , should repair and clense the said Sewer unto Blewediche , for the future , at their own costs and chardges , whensoever need should require .

And that the same persons , their heirs and assigns , having lands in the said fields called Budbeche and Sandy field ; as also all the said Inhabitants of those Towns of Upwell and Outwell , having common of Pasture within the precinct of the same Bank , called Pokediche , to be so new made , as aforesaid ; should repair and maintain the said Sewer from Blewe diche to Rightforth lode , for the future , at their own proper costs and charges , as often as need should require . And that all persons having Lands in the said fields , called Plawfield , Kirkfield , Budbeche , and Sandyfield ; as also all the Inhabitants of Upwell and Outwell , having Common of Pasture and Fishing within the Precinct of the said Bank called Pokediche , so to be new made , as aforesaid , should repair the said Sewer , called Rightforth lode , unto North hooke , at their own proper costs and chardges , for the time to come , whensoever need should require .

And they likewise ordained , that the Abbot of UUest Dereham , and his successors , should new make , repair , and maintain , well & sufficiently , for the time to come , one Causey of six foot in bredth , Eastwards , throughout all that part of his land , lying betwixt the old Pokediche on the North part ; and a certain piece of land belonging to the Abbot of Ramsey , and another pertaining to Thomas Duke of Exeter , on the South part ; and abutting on the before-specified great River towards the East . And that the said Abbot and his successors should be justified and ordered , for the not making and repair of the same Causey , according to the Law and Custome antiently used in the Town of UUigenhale . And that the said Abbot of Ramsey , and his successors , should also new make , repair and maintain one other Causey , of six foot likewise in bredth , through another piece of his land , lying on the East part , towards the said great River .

And they farther ordained , that every person , having lands , Common of Pasture or Fishing , within the land of the said Abbot and Common lode , should likewise new make , repair , and maintain one Causey , well and sufficiently , viz. each man against his own land , towards the said great River : And for the performance thereof , that they should be compelled by the Steward of Thomas Duke of Exeter , for his Mannour of Stow Bardolf , his heirs and assigns , in the Court of Stow-Bardolf . And that all the Tenants and Inhabitants in the Towns of Downham hithe , Wimbotesham , and Stow Bardolf , should new make , as also repair and maintain , well and sufficiently , for the time to come , a certain Causey , beginning in a place called Common lode , and extending it self from thence to Salterys lode .

All which Ordinances and Agistments , so made in form aforesaid , the Towns in Marshland before-mentioned ; as also Welle , Wigenhale , Dounham hithe , Winbotesham , and Stow Bardolf , did for the time to come , agree for themselves , their heirs and assigns , to observe and hold firmly . It was therefore decreed by the before-specified Justices , that the Inhabitants of the said Towns , which had La●ds , Common of Pasture , or Fishing , within those fields , and safeguard of the said Bank called Pokediche , to be new made in such sort as aforesaid ; should , for the future , be obliged to repair and maintain the same , according to the form and effect of the Inquisition , Ordinances and Agistments before declared ; and to be distrained for the time to come , for the performance thereof , as often and when need should require .

In witnesse whereof , the said Henry Rocheforth and Thomas Dereham did affix their Seals thereunto .

VVhich Inquisition and Ordinances were exemplified by the said King Henry the sixth , under his great Seal , upon the xijth day of May , in the third year of his reign .

And , in respect that the ground , from Salterys lode to North delfe before-specified , whereon the said Bank was to be raised , was then the proper soyl of the said Thomas Duke of Exeter , as part of his Mannour of Stow Bardolf , the said Duke , in confirmation thereof , did , by his Deed * * E● prae● . c●d . M● p● . & G. ●oddard Arm. ( wherein he likewise stiled himself Comes Dorcestriae & Harcuriae , & Admirallus Angliae ) bearing date the Monday next aft●r the Feast of S. Peter ad vincula , in the said first year of the reign of the same King King Henry the sixth , grant and confirm , for himself and his heirs , to Iohn Bishop of Ely , Sir Iohn Colvile , and Sir Henry Rocheford Knights , Richard Peverell , Thomas Karvile , Thomas Dru , Robert Karvile , and Edmund Massingham Esquires , and all the Inhabitants of Wigenhale , Tylney , Islington , Cleuchwardon , Terington , Walton , Enmethe , Walpole , and Walsoken , in the parts of Mershland , their heirs and assigns , the said Bank called Pokediche , so to be new made and raised for safeguard against the said fresh waters , on the North part of the River , which runneth from Welle to Salterys lode and Wigenhale ; beginning at Salterys lode aforesaid , within his the said Duke's Lordship , which extendeth it self in length from thence unto Northdelfe before-mentioned ; viz. ground containing xxiiij foot on the South side of the same Bank , for the making , repairing , and maintaining thereof : as also sufficient ground on the North side thereof , xl foot distant from the same , for the repair likewise and maintenance thereof : provided that they should not dig any earth on the said North side thereof , for the purposes abovesaid , as long as the said Bank could be fitly repaired with the earth on the South side .

And he did moreover grant and confirm to the said Iohn Bishop of Cly , and the rest of the persons above-specified , their heirs and assigns , that they not any of them should be molested in their passage to and fro , in the making and repair of the said Bank , wheresoever there might be cause for the same : Saving neverthelesse to him the said D●ke and his heirs , Wayfe , Stray , and other amerciaments for Hue aud Cry , as also for blood shed , within his said Lordship , at all times of the year .

After this ; viz. in the same third year of the said King Henry the sixth , William Babyngton , Sir Iohn Colvyll , and Sir Henry Rocheforth Knights , Will . Paston , Tho. Derham and Iohn Mannyng , were g g Pat ● . H. 〈…〉 1. m. 16 i● dorso . 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 h h Pat. 8 ● 6●● . 2. n. ●0 . i● dorso . 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 Upp●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 i i Pat. 22. H. 6. p. 1. m. 17. in dorso . 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 k k Pat. 30. H. 6. ● . 1. m. 22. in do●so . had the said Sir Thomas Scales , William Yelvertone , Thomas Trusbut , William Eweyn and Thomas Salisbury in 30 H. 6.

So also had l l Ibid. m. 14. in dorso . Iohn Earl of Oxford , Iohn Viscount Beaumont , Iohn Heydone , Iohn Fyncham and Iohn Bekyswell , for all those betwixt the waters of W●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 Ex cod . MS. penè , Gu●● . Goddard Arm. , 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 h h Rot. Parl. 22 H. 8. c● p. 9. 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 : Felony to cut Podike , 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 i i R●t . Parl. 5 E. 6. n. 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 k k Rot. Parl. 2 & 3 ●h . & M. cap. 19. revived .

In which year there were these ensuing Ordinances l l E● prae● . cod . MS. p●nès O. S. Iohn cap. Justic. de Banco an. 1657. made , upon the eighth day of April , by the chief Inhabitants of this whole Country of Marshland , and Town of Wigenhale , touching the Old Powdike and Broken dike .

1 That the said old Pow diche be sufficiently made , from the place called West head unto Welle Town , so far as it hath been of late accustomed ; viz , in height six foot , above Bardolf Fenne , and in bredth at the foundation xxx foot ; and in bredth on the highest part thereof , xv foot . 2. That no man take or dyke any menure , within viij foot of the South part of the same Pow diche : And on the North part of the same , no menure to be taken , within C. foot from the foot of the same Pow diche . 3. That the same Powdiche be made by every particular Township , whole and Common , by Acre silver , and not otherwise : and the same to be done by every Township , by Whitsunday then next coming , or Midsomer at the farthest , in pain of every Township xll. to be levyed to the use of the said King and Queens Majesty . And that every particular Town do sufficiently Clay their particular charge , on the fore-part thereof , in thicknesse with Clay one foot and an half , and on the top thereof one foot . 4. And for the better preservation of the same Powdiche , they did in like manner ordain , that there should be re-edified upon the said Powdiche , three Houses ; that is to say , one at North hooke gate , another between Walpole and Tirington gate , upon the Bank and Powdiche ; and the third at Welle gate ; the charges to be levyed upon the whole Townships of Marshland , and Town of Wigenhall , by Acre silver . 5. That if any man were then indited , or thereafter should be indited , vexed , or molested for any cause , touching the defence , maintenance , or preservation of the same Country , and Town of UUigenhale ; then they and every of them to be defended and saved harmlesse by the said Country and Town of UUigenhale , all so far as the Law will serve and permit . 6. That the Broken dyke be sufficiently made , maintained , and repaired , from time to time , as it hath been in times past , that year and other years , thenceforth by the said Country of Marshland . 7. That a view be made at Emneth , by the chief Inhabitants of the Country , where there might be newly made and re-edified , within the Levell and Rinde thereof , a new Dyke for the defence of the water , if Broken dyke be broke : which view to be at Sandy rood , upon the Friday following , by eight of the Clock .

And on the tenth day of the same month of April , it was farther concluded , by the consent of the said chief Inhabitants , and Town of Wigenhale ; that the said Dyke , called Broken dyke , should be made , maintained , and kept , from time to time , by , and at the costs , charges and expences of the whole Country of Marshland , as afore-time had been accustomed .

And that a new Dyke be made from Myll dam , unto Peter Sanderson's house ; and so by the high way directly about , unto a certain place , called Suffield gate , in such height , thicknesse and bredth , as Thomas Guybon , Iohn Reppes , William Hunston , and Thomas Karvill Esquire , Richard Baker , alias Ladde , Richard Nichols , Henry Hunston , and Thomas Hewar Gentleman , or the more part of them , with the advice of the workmen , should think meet and convenient .

After this , 8 Eliz. viz. in 8 Eliz. there were other Ordinances m m Ex praef. cod : MS. f. 113. b. made touching the Banks , Ditches , and Sewers in these parts ; the substance whereof are as followeth ; viz.

1 That Rightforth lode from West-head or North hooke Westward , being but 8 foot wide , ought to made xij foot in bredth , by Edmund Beaupre Esquire : And so every person &c. to make his or their part of the same widenesse , from the said Edm. Beaupre VVestwards ; and so to Stowbridge . 2 That the brinks of the great River , from Stowbridge unto Common load , be made in the upper part 8 foot in bredth , between the Houses , Hedges , and VValls of the VVest part of Ouse . 3 That Common lode ( lying on the South side of Stowbridge houses ) be made of the widenesse of xij foot , and 4 foot deep ; with such a Sluse as Rightforth lode hath at S●owbridge ; to be done &c. at the charge of the Inhabitants of Dounham , Wimbotesham , and Stow-Bardolf , for that it is their Drayn &c. 4 That upon the stopping of Newlode ( lying between Common lode and Downhambridg ) the said lode called Common lode , or Downham lode , was made . 5 That the gole betwixt Dounham bridg and Salters lode , to be made xij foot wide , and 4 foot deep ; and to extend into the Fen , from the said Sluce , a mile and more ; and scoured by the Inhabitants of Dounham . 6 That the brinks on the VVest side of Ouse , from Common lode to Dounham brigg , be made xij foot broad in the bottom , and 8 foot on the top ; and one foot higher than the highest water mark ; to be done by the Inhabitants of Stow-Bardolf , UUymbotesham , and Downham . 7 That Edm. Beaupre Esquire , and other the Land-holders in great Powdichfield , and Whart medows , have a Sluse at UUelle Clouses , at the North head of Whartmedow , and so to drayn through the midst of Marshland fenne . 8 That the brinks of Ouse , from Dounham bridge to Salters lode , be made xij foot broad in the bottom , and 8 foot at the top ; as also one foot higher than the highest water mark . 9 That the new Powdiche , from Salters lode to North delph , be made xviij foot broad in the bottom , xij foot at the top , and ●ive foot in height from the plain ground . And from North delph to Mullicourt ● of the same bredth at the top and bottom ; and six foot in height from the plain ground . All which to be done and kept by the Inhabitants of Marshland , the Town of Wigenhall , the Land-holders of the hundred Acres within Stow Bardolf , called the Lords hedding ; and the Land-holders of the decayed Tenement , sometimes Bexwell's , at North delph . 10. And that from the East corner of Mullycourt , unto Mullycourt drove , it be made of the like bredth at the bottom and top , by the Dean of Ely ; and six foot in height as abovesaid . VVhich said Powdiche , from Mullycourt droves end , tendeth VVestwards unto the Bridge at the East end of Outwell Church ; and thence Northwest unto Boxstedstile , which is the farthest bound of Outwell towards Emneth ; and is the division betwixt the half Hundred of Clakclose , and the Hundred of Freebridge : The which Bank or Causey ought to be made and kept by the Inhabitants of the Town of Outwell , for their lands lying in Mullycourt field , Sondy field , and Powdich field . 11. That the River of Welle , called Welle Ee , coming from the Bridge at the East end of Outwell Church , and running Eastward , till it come opposite to Saltham lake , thence South East unto North delf , thence Eastward to Salters lode , to be made xxvij foot wide in the bottom , and xl foot at the top , from the said Bridge at Outwell Church to Mullycourt droves end , by the Inhabitants of Outwell ; and from thence , of the same widenesse , by the Dean of Ely , to Saltham lake ; and from thence to Salters lode , of the like bredth , by the Inhabitants of Marshland and Town of UUigenhall . 12 That at the end of this River of Well Ee , neer Salters lode , be made two Jettyes of wood , or stone ; each opposite to other , and distant xviij foot , to hinder the tides from flowing up Westwards , towards Welle ; and that the fresh water may have the quicker fall into the Ouse ; and this to be done by the Inhabitants of Marshland , and Town of Wiggenhall . 13 That the common Sewer , called Thiefe lake , lying in Denver fenne , be made within xl Rood of Salters lode , between Shiplode and Salters lode ; and x foot wide unto the Land lake ; with a sufficient gole , by Thomas Gawswell Gent. owner of the Mannour of East Hall in Denver . 14 That the Common Sewer in Denverfenn , called Streme lake , be made of the widenesse of x foot , to bring the water out of the Fenn , by the space of six furlongs ; to be made and kept by the Inhabitants of Denver , with a sufficient gole &c.

That the other common Sewer , called Denver hithe , lying in Denver fenn , between Streame lake and Shiplode , be made one furlong in length or more , and x foot wide , with a sufficient gole ; by Nicholas Ha●e Esquire , owner of the Mannour of West Hall in Denver .

That the brinks of Ouse , between Salters lode and Shiplode , be made viij foot broad in the bottom , and six at the top ; and one foot higher than the highest water mark .

That some provision be made for the straightning of Lynne Haven ; which , being wider than it was wont to be , causeth the tide to rise higher by a foot , at Salters lode , than it was wont to do within these xx years .

1 The next year following , I find n n Ex cod . MS. penè● Gui● . Goddard A●m . An. 1567. 9. Eiz . a Certificate and Presentment made the xxxth of Iune , by Richard Nicholls , Thomas Hewar , and others , Jurats for this Country of Marshland ; the tenor whereof is as followeth .

1 That all the Lands and Tenements &c. within the Hundred of Frebridge , on the West side of the great River , leading from Salters lode to Lynne ; and all other Lands &c. in the Hundred and half of Clacklosse , on the West side of the said great River , and on the North side of a certain Bank called the New Pow dich , situate in the Hundred and half of Clackclose , on the West side of the said great River , made and erected in the time of the reign of King Henry the with , are defended and saved from submersion and drowning with fresh water , by the said Diche or Bank called the New Pow dich : Which Bank hath been kept and defended by the lands in the Hundred of Frebridge , by a certain field called Hawsted , and by an hundred Acres in Stow-Bardolfe , and the Frontier against North delf house , on the North side of the said old Powdich only : yet thereby are defended all the Lands , Tenements and Commons on the South side of the said old Pow dich , and Emneth marsh dich , and ought to be charged for their portion and profit by the said Bank , taking between the Priory of Mullycourt and Salters lode aforesaid ; as appeareth by certain orders made before the Commissioners of Sewers , in the first year of the late King Henry the sixth : yet the said Lands , Tenements and Commons last abovesaid , are not there chardged nor defend any part thereof , contrary to equity and Justice . 2 And that the Inhabitants of the said Hundred of Frebridge , nor any of them , nor any other ought to be distrained or troubled by the Lords of the Fee , nor their Ministers , when they or any of them shall come thither for the making their portions of the said Bank , nor for the oversight of the making thereof ; nor for the depasturing of their Horses there ; nor for their carriage ; but that they may return in the meetest and most convenient ways for them , and have free ingresse and egresse to the same Dyke or Bank , without any amerciament or other punishment ; Saved to the Lords , Wayf , Stray , punishment for blood draught , and for Hue and Cry .

3 And that every person is chardgable to keep their portions upon the said Bank , from time to time , by and after the Custome of Marshland , by old Custome used ; that is to say , by Bylawe , Byscot , Triscot , and Wopeny .

And that every Town of the said Hundred of Frebridge , is chardgable to keep and repair their portions upon the said Bank , upon pain of xxl. to be paid to the Queens Majesty , her heirs and successors , Kings and Queens of this Realm .

4 And that the menure for the repair of the said Bank , ought to be taken on the South side of the same Bank , and xij foot from the foot of the said Dike or Bank ; and not upon the North side , but when for the Inundation of the water it cannot be taken on the South side of the said Bank , called the New Pow dich . 5 Item they say and find , that there is a certain Ward dich , or Fence Bank , called the Old Pow dich , which doth begin at a place , called the Wech , or West head , next unto Rightforth lode brinke ; and extendeth Westwards nine hundred and twenty two Rode , unto a certain place , called the Thwart lane , or the New Pow dich of Marshland : which Bank is in good repair , from the West end thereof , unto a certain place in Walpole charge , where against , Edmund Beaupre Esquire , hath fixed and set certain barrs into a pasture of his there , by reason the said Edmund doth keep and maintain a certain Crest or Fen-bank on the North brink of Rightforth lode ; which defendeth the water on the South side thereof , from the Pow diche aforesaid . But at a certain Gate upon the said Old Pow diche , in Emneth charge , in the reach aforesaid , is a certain Pipe laid by the said Edmund Beaupre , for the drayning of certain Lands on the South side of the said Old Pow dich , which is to the surrounding of the Fen and Smethe of Marshland ; and of right ought not that way to drayn , but by Rightforth lode : And that the said Pipe ought to be taken up , and the said place stopt and made higher , that no water drayn that ways . 6 And the residue of the said Old Pow dich , in the charge of Walpole , Terington , Clenchwarton , and part of Tylney , in part is defective , for lack of height and bredth ; and that most chiefly by the ruine and decay of a certain Crest or Fen-bank , which ought to be kept on the North side brink of Rightforth lode , by Nicholas Hare Esquire , and others . And that the residue of the said Bank of the Old Pow dich is in good repair , even unto Rightforth lode brinke : By the ruine and decay of which Bank , the grosse Common , called the Smethe , and the Fen of Marshland ; and certain Fens and low grounds in UUigenhall and Stow-Bardolf , on the North side of the said Pow dich , may be surrounded and damnified . 7 And that the said Thwart lane , or the New Pow dich of Marshland , extending from the Old Pow dich aforesaid , unto a certain place of Emneth marsh dich , called Abbot's hirne , as we think in our consciences , ought to be kept and maintained by the chardges of the said Country of Marshland , as oft , and when need shall require ; the South end whereof is in defect for lack of height ; yet not very needfull to be exalted and made , because the Hundred is sufficiently defended by a certain Bank of the Old Pow dich ; which extendeth from the South end of the Thwart lane aforesaid , unto the River or Sewer of Welle ; and from thence , on the West side of the said River , unto the beginning of Emneth Sea-dyke , at Boxsted stile : which Bank of the Old Pow dich , we find necessary to be new agisted , that every person may have equal chardge accordingly as they now use . 8 Item they say and find , that all the Lands and Tenements &c. in the said Hundred , on the West side of the said great River , and a certain field called Hawsted , are defended and saved from surrounding , by a certain Bank called Broken dich , or Old fen dich , situate in the Town of Elme , in the County of Cambridge ; extending from a certain place at Emneth , called Mill dam , unto another place called Hichcock's dam : which Bank , for the better security of Marshland , would be exalted from the corner , next the Mansion house of Robert Blewick , in Emneth , unto Hichcocks dam , one foot at the least ; and more , where necessity should be ; so that the same shall be a just Levell , and in bredth in the top , twelve foot ; and by the common chardges of all the Lands and Tenements within the Salvation aforesaid . 9 Item , that two Pipes are laid throughout the said Bank , for the drayning of certain lands on the South side of the said Bank , which are to the surrounding of Marshland , and the Commons of the same ; and ought to be fordone and broken up , for that they are to the great prejudice of Marshland . 10 Item , they say and find , that where in the first year of Henry the sixth , a Decree was made , before the Commissioners of Sewers then , aswell for the Salvation of certain Fields , called Plawfield , Budbeche field , Kirkfield , and Sandyfield , in Upwell and Outwell ; as also for the perfect saving and sewing of the Lands and Tenements , within the salvation of the New Powdich ; then to be erected , and on the South side of the Old Pow diche aforesaid ; that there should be two Gotes made , under the River in Welle , for the drayning of the said fields : which Gotes , through the insufficiency of the Sewer , called Rightforth lode , extending to the great River , have oft overflown and surrounded , and almost every winter do overflow divers Lands , Tenements , and Commons , in UUelle and Stow-Bardolf , and much damnifie the Old Powdich , to the great and inestimable hurt of the Lands , Tenements and Commons , within the Salvation aforesaid . Wherefore it was decreed by certain Commissioners ; that if the Lands and Tenements , that way drayning , do not sufficiently keep the said Sewer , that the water be kept within the Bay ; so that the Lands within the Salvation of the said New Powdich , may drayn into , and by the said Sewer ; that then it shall b● lawfull to the Inhabitants of Marshland to stop up their said Gotes . 11 Which Decree , for that it is profitable for the said Hundred , and for all other the premisses within the Salvation of the said N●w Powdich ; we find , that it is reasonable , that it be ratified by the authority of this Commission of Sewers . And further , that it shall not be lawfull for any man to open the said Gotes , or Gote , before the water be fallen within the Bay ; so that all the premisses , within the said Salvation of the said New Powdich , may drayn and be sewed , which lye on the South side of the Old Powdich , upon pain to lose and forfeit for every such offence xl. to be levyed by any of the Dike-Reeves of Marshland ; or by so many of them as the said Country shall assign , of the goods of every person or persons which shall open the same , or their procurers , or any of them , towards and for the stopping of the said Gotes , to the scouring of the said Sewer ; and to be bestowed upon the said Old Pow dich in equal proportions . 12 Item they say , that neither the Lord , nor no Commoner , shall feed any Beasts upon the said New Pow dich , besides Sheep ; nor make any drift with Beasts upon the said Bank , for inestimable hurt that may there be done , upon pain of a peny for every load so driven , or under the custody , will , or default of any keeper of any ; to be paid to the Dike-Reeves of the same Bank , as oft as such offence is : And that the Beasts there found feeding or drivē , in māner aforesaid except such as are excepted ) by the said Dyke-Reeves , shall be distrained , impounded , and in pound to be kept , while the owners of them shall pay the mony forfeited , which shall be imployed upon the amendment of the said Bank , so hurt by the drift of the said Beasts , as appeareth by the Decree made then . 13 Item they say and find , that all the Lands &c. on the South side of the said Old Pow dich , and all other Lands in Welle , on the West side of the River , leading from Mill dam to Welle Church , are saved from surrounding , and do take great benefit by the New Pow diche aforesaid ; and therefore ought to be charged between the Priory of Mullycourt and Salters lode , for their portion and profit thereby taking ; but are not ; whereby the Queens Majesties possessions , and other possessions of the Country of Marshland , are very much surcharged . 14 Item they say , that the Inhabitants of Marshland , or any other that shall come to the said New Pow dich , for the menuring , making , or repairing of the same ; or oversight thereof , with their Carriages , Horses , or other things for the defence thereof ; ought not to be distrained , or otherwise troubled by the Lords of the Fee , o● their Ministers ; but that they may return in the ways meetest for them without amerciament or punishment and that way of punishment is reserved to the Lords of the Fee ; but Wayf , Stray , punishment for bloud-draught , and for Hue and Cry , and for taking of menure on the North side of the said Bank , within fourty foot of the foot of the same Bank . 15 And they say and find , that the said Dyke or Bank , is in defect for lack of height or bredth , between the Priory of Mullycourt and North delf house , in divers places of necessity defended ; viz. in the supposed charges of Emneth xi foot ; of Terington xxiij Rods ; of Walsoken viij Rods and a half ; of West-walton x Rods ; of Walpole xli Rods ; of Tylney xij Rods ; of Wigenhall iij Rods ; and xv Rods against the decayed messuage of North delf ; which ought to be kept by the said messuage-land to it belonging , in widenesse and height equal to the said New Pow dich . And from Northdelf to Salters lode in the like supposed charges ; of Enmeth iij Rode ; Walsoken xxii ; Walton xxxvi ; Walpole Lxx ; Teringtone Lxij ; West-Lynne vi ; Clenchwarton xvi ; Tylney xli ; Wigenhall Lx ; be●ides a certain other part likewise supposed 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 o o Ibid. 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 ●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 p p Ibid. made at a Se●sion of Sewers then held at Beaupre Hall ; q q Ibid. 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 r r Ex cod . MS. penès praef. O. S. Iohn f. 200. a. 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 s s Ex cod . MS. penès praef. G. Goddard Arm. 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 t t Ex praef. cod MS. penès O. S. Iohn f. 218. a. 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 ●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 Spitt●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 Wis●beche , at a place called New common , into Enemeth field ; and so into Walsoken drayn ; and so to the Smethe lode : and , that , in consideration thereof , the said Land-holders should pay to the Inhabitants of Marshland Cl.

And on the xxvi of the same month , it was farther decreed u u Ibid. , that all the rinde Banks within this Country of Marshland , towards the Sea , should be of the height and scantling hereafter expressed ; viz. in Terington , Walpole , West Walton , and Emneth , in height eight foot , above the ordinary Marshtides ; and in bredth on the top ten foot . And , that the residue of the rinde Banks in Islington , Tilney , West Lynne , North-Lynne , and Clenchwarton , to be of such height and bredth , as the Dyke-Reeves should think fit .

As also , that Register Books of Parchment be made by the Dyke-reeves , in every Town , containing the number of Acres of their Lands ; with the quantity of their Banks , Walls , VVood-shores , and other defences , which every of the said Towns are charged to make , either to the Sea , or otherwise . And that whereas the Towns of Terington , Tilney , and Clenchwarton , had In-dikes for their defence against the Salt water , in case any sudden breach of the Sea-bank should happen ; it was decreed , that the said In-dikes should be carefully maintained and repaired by those Dyke-Reeves , out of the Common Acre-shot , ass●ssed within every of the said Towns .

After this , at another vv vv I●id . Session of Sewers , held on the xvijth day of April , in the year of our Lord 1610 , ( 8 Iac. ) it being considered , that this Country of Marshland was subject to surrounding , aswell by downfalls of Rain , as by the overflowing of the Sea and fresh waters ; and was therefore kept drayned by Sewers , descending to Knight's-Gole ( the common out-fall to the great River of Ouse : ) And that the said Gole , by the flowing and ebbing of the Sea , was then so silted up with sand , at divers times , especially in Summer , that it obstructed the waters in the said Sewers , to the utter surrounding of all the Fens and low grounds in the said Country ; And moreover , that the said Gole , in former times had been kept and perfected , as also the fleet from the same , unto the before-specified River , by a certain antient pair of Clows , placed up higher in the Sewer thereby ; one appointed for the taking in of the tides , and so holding up the water , betwe●n a pair of Clows , untill the River of Ouse were run low ; and then forcibly let go , for the scouring of Sand out of the said Gole and Fleet : And that the setting open of the said Gole , and putting down and pulling up the said Clows , would be both dangerous and troublesome , by reason of the greatnesse and weight of the said Clows , made to that purpose : It was ordained and decreed , that there should , in consideration thereof , be yearly paid out of every hundred Acres of Land , being several , within the said Rinde of Marshland , which were drayned by the said Gole , and had usually paid thereunto , the sum of ijd. ob . by the owners or occupyers of the said Lands ; and so after that rate . And of every hundred Acres of Land , lying on the South side of Wisebeche and Elme , Oldfield , and Outwell , which then were or should be drayned by the said Gole , by the owners or occupyers thereof , vd. and so after that Rate .

And whereas the Land-holders of Oldfield , in Clme , and certain Lands in Outwell , on the East side of UUelle river , from Emneth unto Beaupre Hall , and so to Stoning stile , and thence to the old Pow dyke , had at divers times drayned their said Lands in Oldfi●ld , into Marshland , through the out-rinde Bank of Marshland , called Broken dyke , and so through Emneth into Marshland Fenn : as also their Lands in Outwell , to the great hurt of the said Country , by suffering those waters to run into the said Fen , without any perfect Sewer , to carry them down in any Gole to the Sea ; and likewise without paying any Tax , Acre-shot , or other contribution towards any Drayn , Sewer , or Gole , in Marshland for the same : It was then also ordered , that the said Lands should not , thenceforth , be drayned into Marshland Fenn , but by and under such conditions here expressed ; viz. that the Land-holders of Oldfield and Outwell , should , before the xxiiijth of August then next ensuing , give unto the Land-holders of Marshland Cl. viz. the Land-holders of Oldfield Lxxvl. and they of Outwell xxvl. towards the making of a certain lode , between Marshland Fenn , and Smethe , called Shore lode , in widenesse xij foot , and in depth four or five foot ; and towards the making of three sufficient Stone-bridges for Carts to passe over the said Lode .

But it was neither the strength nor height of those their Banks , so repaired as aforesaid , which could secure them from that dreadfull inundation of the Sea , hapning on the first of November , in An. 1613. ( 11 Iac. ) the memorial whereof I shall here deliver from an Inscription upon the East wall of the South Isle , in Wisebeche Church .

To the immortal praise of God almighty , that saveth his people in all adversities , be it kept in perpetual memory , that on the Feast day of All Saints , being the first of November , in the year of our Lord 1613. late in the night , the Sea broke in , through the violence of a North-east wind , meeting with a Spring tide , and overflowed all Marshland , with this Town of Wisebeche , both on the North side and the South ; and almost the whole Hundred round about ; to the great danger of mens lives , and the losse of some ; besides the exceeding great losse , which these Counties sustained , through the breach of Banks , and spoil of Corn , Cattel and Howsing , which could not be estimated .

Which losses , with other things of note , relating to the said Banks , and the particular Towns then surrounded , as they were presented upon Oath , by the Jurors for the hundred of Frethebridge , before the Kings Commissioners sitting at Lynne , upon the ixth day of December , in the year before-specified , I have here , likewise , thought fit to transcribe .

The Presentment x x Ex praef. ●od . MS. penès O. S. Iohn cap. Justic . de Banco . of the Iury , for the Hundred of Frebridge in Marshland , made at Kings Lynne 9 Decemb. 11 Jac. An. 1613.

1 Inprimis , we present and say &c. that there is belonging to the Town of Terington , Ex parte Terington . a Sea-dyke , containing xiC Rode , in length , or thereabouts ; which was in good repair before the first and second day of November last ; whereof CCCCxx Rode were ruinated by the rage of the Sea , that then happened ; and also one Bridge , called St. Iohns bridge , was then broken up .

2 That there were at that time lost , by the rage of the Sea &c. 1876 sheep , amounting to the sum of Lviij l. and more . In great Beasts , lost 120 , valued at 322 l.

In Corn sowed in the Fields , 480 acres , valued at xxx s. the Acre ; amounting to 720 l.

Hay lost in the fields and barns , to the value of CC l.

Corn in the barns lost , to the value of DCC l.

Grasse in the Fields lost , to the value of D l.

Dwelling houses utterly ruinated and wasted xiij .

And Cxlii. dwelling houses there impaired , to the value of a M l.

Bedding and other Houshold-stuff 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 famishe● ; 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 Myss●e ; which Creek continually floweth and refloweth , dangerously , over the Marshes : But in the memory of man it hath not been Dammed ; neither can we present who ought to do the same .

There is also another Fleet , called Ground fleet , upon the VVest side of Ewe marsh , and the Marsh of Mr. Iudde , which containeth in bredth 5 rods , and in depth xvi foot , within the levell soyl ; which Fleet was never dammed within the memory of man .

There is also another Fleet on the VVest side of Mr. Iudd's Marsh , and the Marsh of Edmund Riches , that is in bredth four rode , and in depth x foot ; which likewise within the memory of man was never dammed : which said Fleets , in our opinions , are great occasions of wearing away the Marshes there .

There is also a passage , way , or Chase on the VVest side of Ewe marsh , which is called UUaterlese diche ; and on the East side of Mrs. Rachell and Anne Deane , and the Marsh of Nicholas Iudde : Which Chase is not maintained with Damms , as within the memory of man it hath been , to the damage of the Marshes ; but who ought to do it , we are ignorant .

13 Nihil .

14 Nihil .

15 We say , that in our opinions , it were very convenient , that the Marshes of Terington , Tylney , and Clenchwarton were imbanked , and made Inmarsh , for the better preservation of the said Towns .

Ex parte Walpole . 1 VVe say , that there is in Walpole a Sea-bank , containing in length three miles ; extending from S. Ellens Chapel , next Terington , unto Nobech gote , in UUalton , which Bank , before the first and second days of November last , was in so sufficient repair , as ever it was within the ●emory of man : And now , by the rage of the Sea then hapning , there were made xx breaches in the said Bank at the least : And the residue so rent and torn , as the making up and repairing of them , hath and will cost a thousand pounds .

2 VVe say , that in the said Town , by reason of the said outrage , there is lost in Corn sowen DC . Acres , to the damage of 900 l.

Item , in Messuages and Cottages eight ; some carryed away clean , and the rest uninhabitable , to the damage of 100 l.

Lost in Horses , great Beasts , and Sheep , to the value of 400 l. Lost in Corn , Barns and Stacks , to the value of 200 l. Lost in Hay , in stacks to the value of 200 l. In Grasse in the fields 3000 Acres , to the value of 100 l. In VValls , and Fences , 50 l.

Ex parte Walton . 1 VVe say , that there is a Sea-dyke , which defendeth the said Town , extending from Nobeche gote , unto a place called Newgate stowe , containing in length two miles and a half : which Banks we say , before the first and second day of November last , were in very good repair : And by the outrage of the Sea , then happening , there were made four breaches ; and the rest of the said Banks were so ruinated and torn , as the making up and repair thereof , will cost CC l. But we say , that the waters , which came in at the breaches in UUalsoken , did drown us more , than the waters , which ran over our Banks .

2 VVe say , that there was lost by the said outrage , viz.

Corn sowen , CC Acres , to the damage of CC l. Hay in Barns and Stack , to the value of C l. Grasse in the fields , to the value of Cxx l. Cattel of all sorts , to the value of xx l. Corn in Barns and Stacks , to the value of Lxxx l. And in Houses , Bridges , VValls , Gates Houshold stuff , and Firing , to the value of Cxxx l.

11 VVe say , that there be two antient High-ways , over the Sea-bank , there , into the Town , being the usual passage for VVool-Carts and droves of Cattel , in great abundance coming over the River at UUalton dam : which , Carters , be the Bank never so sufficiently made , will cut down the same for their more easie passage : And the droves of Cattel do continually wear them down , to the great damage and yearly charge of the Town : In relief whereof we pray , to have some reasonable Toll granted to the said Township , to be taken of the said Carts and Droves .

1 We say , that the Sea-dyke belonging to the said Town , Ex parte Walsokne . containing three miles in length , beginning at Newgate slow , next UUalton , and extending to the Sea-dike of Emneth : which before the first and second days of November last , were very sufficient and good , and able to defend any floud , that did arise more than viii foot above the soyl of the Marshes adjoyning , other than in such High-ways , as are specified in the answer to the xith Article , following . In which said Bank , by the rage of the Sea then happening , there were made seven great breaches ; and the residue of the said Bank so torn , as that the making up and repair thereof will cost CCCLx l.

2 VVe say that there was lost by the said outrage , viz.

In Corn sowen in the fields , and in barns , to the value of 500 l. In Grasse and Hay , to the value of 3000 l. Cattel of all sorts , to the value of 100 l. In VValls , Bridges , VVood and Firing , to the value of 060 l.

11 We say , that there be three antient High-ways , over the Sea-dyke , into the said Town ( leading to the Market of UUysebeche ) which are too low by six foot , for such an outrage as then happened .

And that there be eight other Cart ways , made over the said Sea-dike , by private men into their grounds , which also must be heightned .

Ex parte Emneth . 1 VVe say , that there is a Sea-dyke , which defendeth the said Town , extending from UUalsokne Sea-dyke , unto Boxsted style ; which in divers places was not sufficient against such an outrage as hapned on the first and second days of November last past , and will cost the making and repairing xl l.

And we say , that CCCC . Acres or thereabouts in the same Town , were drowned with the waters , which came in at the breaches in UUalsoken , and did fall over a Dyke , called Long dyke , into the said Town of Emneth .

2 VVe say , that there was lost in the same Town , in Corn , Grasse , and Hay , to the value of L l.

And that the making and repairing of certain Banks defensive , against the waters there now lying , hath and will cost Lx l.

An Abstract of the losses in general as they were presented by the Iurors of several Hundreds , at the Sessions of Sewers held at Lynne , 9 Decemb. An. 1613. VVithin the Ring of Marshland . Terington 10416l. Walpole 03000 West Walton 00850. Walsoken 01328. Emeneth 00150. UUigenhall and South Lynne 06000. Tylney and Islington 04380. Clenchwarton 06000. West Lynne and North Lynne 04000. The total 35834l. VVithout the Ring of Marshland . Gaywood 205l. South Wootton 313. North Wootton 810. Watlington 500. Totnell , cum Wormgays 060. Holm , cum Thorpland 040. Stow-Bardolf 100. The total 2028 l. The total of both 37862 l.

After which Presentment so made , as hath been shewed , the said Commissioners did in Ianua . * * An 1613. ( 11 Iac. ) following , direct their Letters y y Ib. f. 233. ● . to the Lords of the Council ; signifying , that they had taken a view of the breaches made by the fury of the Sea in the Banks of Marshland , the chiefest whereof were those of Tirington ; which being a Frontier Town was very ingeniously fortified , not only with Banks of extraordinary height and thicknesse ; but with two mighty Brick Walls , armed and defended with piles of Woodshoves , and other devises , of as much hope , as the wit of man , according to the ability of the people , could invent : and that within these xvi years , the said Town had expended 20000 l. upon the same . And moreover , that the two Indikes , which had been reared behind the said walls , for securing the Town , in case these outer walls should fail , were by this terrible breach , swept all away .

And therefore , though the said Indikes were already repaired again , and sufficient to restrain the ordinary tides ; yet the safety of the Country was not to be committed to them . In consideration whereof they further certified , that they thought it fit a new Bank should be raised , of an extraordinary skantling , neerer to the Town by six hundred Acres , in a place of better advantage ; and to be in bredth at the bottom fourscore foot , and in length about two miles , with thicknesse and height proportionable : But forasmuch as the chardge would be insupportable for the Inhabitants of the said Town , and that no Law of Sewers could compell them thereto ; and forasmuch as the King was Lord of the same Town , which is likewise the Key and safety of other Towns of his Majesties adjoyning , they humbly prayed , the furtherance of the said Lords to the King , to take care and consideration of them therein . Dated at Kings Lynne 20 Ian. 1613.

And to adde to these losses , such were the Snows that fell in Ianuary and February ensuing , which occasioned mighty flouds from the Upland Countreys , upon their going away , that a great part of this Country was z z Ex inscript . super parietem , in Eccles●â de Wise●eche . 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 , 15 A●g. 16 Iac● and parts adjoyning , exhibited a Petition a a Ex praef. cod . MS. penè● pr●edict . O. S. 〈◊〉 f. 245. b. 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 b b Ib. f. 246. a. Petition did they prefer to the Lords of the Privy Council the 13th of November following . Whereupon there was this ensuing order c c Ib. f. 249. b. 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 10 Dec. 17 Iac. 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 d d Ib. f. 254. ● . as much to the Lords of the Council .

VVhereupon the Inhabitants of Marshland exhibited a Petition e e Ibid. b. 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 f f Ib. f. 255. a. 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 P●terborough to Guyhyrne , between sufficient Banks , for the better grinding of the out-fall ; and that the River should be cut straight from the Horshoo to the four Gotes .

And in a Session of Sewers , holden at King's Lynne 23ᵒ Iunii 6to Caroli . recital being made ; that whereas the Land-holders of Elme Oldfield , in the Isle of Ely , at the like Session held at King's Linne 17 Apr. 8ᵒ Iacobi , obtained a Law , for the downfall of water in the said Oldfield Lands , through the out-rinde Banks of Marshland , under certain conditions and limitations expressed in the said Law , and under the pain of xll. by them to be forfieted to the Kings Majesty , his heirs and successors , in case they should take in any waters , out of any other fields in Elme or Welle ; and the abuse in execution of that Law had been very hurtfull and dangerous to the Country of Marshland , and Town of UUigenhall , in their several Pastures and Fen-grounds , by reason of the abundance of fresh waters coming out of the said Field , at a Sluse made in Oldfield Bank , called Brokendike , more than the own waters of the said Oldfield did afford ; for that there was no provision in the said Law , for stopping them up , if they should take in , or suffer any forein or other waters to come into the said Oldfield : For under colour and pretence of the said Oldfield waters , they took into the said Oldfield and Says field , other waters ; and also other waters at the Sluse called Mildam , and put into their Oldfield fresh waters out of the River , for the filling of their Dikes ; and so when any great rain fell , did put those warers into Marshland : and also , by means of not sufficient keeping and maintaining the River Banks against Oldfield at Lunges droves end , that the River waters did run into the field there , very extremely in wet winters , and most especially the winter preceding .

And that whereas at a Session of Sewers , holden at Beawford Hall , by Fryday bridg , 27ᵒ Martii , 9ᵒ Iacobi , by a Law of Sewers then and there made , the Land-holders and others of Waterseye in Elme , had a Drayn made from Fryday bridg in the Dyke of the North side of Needham dike , being the Fence-dyke of Oldfield and Say's field , and so to Welle , and from thence into the old Pow dike of Marshland , and so through the old Pow dike at Chamber 's house in Stow ; and so to the River of Ouse , with certain Sluses made upon the said Drayn , to stop and restrain the waters when they did arise and exceed the superficies of the grounds : By reason whereof , when the Slus● at 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 So●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 . Ex cod MS. penès Ricar●um At●yn● de Outwell in com . Nor●● . Gen.

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 UUa●soken . iiM viiC vxx i. Emnet● & 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 , ●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 . Wa●pole . XC rode , iiii foot , vi inches . Terington . Lxxxii rode , x foot , x inches . Clenchwarton . xxix rode , ix foot , iii inches . Tyln●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 . Ter●ngton . iiiixx xix rode , iiii foot , ix inches . Clenc●warton . xxxv rode , ix foot , xi inches . Ty●ne● . 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 ........ Agi●ted thus .

Rodes . Foot . Inches . Emn●th and Haw●●ed . Lxvi . viii iii. Wa●●●kne . iiiixx xviii . xii viii . Wa●ton . iiii ●● vi . viii . v. Walpole . vi●x viii . ix . o. Terington . vii●x xiii . v. x. Cl●nchwarton Lv. o iii. Tylne● . 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 ii● 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 . x● . 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 iii●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 Mai●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 lane bridge ; and thence to the Smethe lode .

Bridges .

Holmes Bridge .

Borret bridge , situate over the main Drayn .

Mayes Bridge , upon the same Drayn .

Another Bridge at Small Droves end .

Walton .

THe old Drayn , extending from Clynkhyrne on the North part , and abutting upon Newland lane , on the South end .

Another Drayn , extending from Crosse-green , by Halehyrne , to a place called le Yates Wall , at the foot of Walton Sea dike ; and thence to Gybson's bridge .

Another Drayn , beginning at Gibson's bridge , and thence to the Smethe lode .

Bridges . Gybson's bridge . Old fen dich bridge .

Terington .

THe common Drayn , extending from Fawkesfield to Oxhow borde , and from thence into the Smethe lode .

Another Drayn extending through the same Town unto the Smethe lode .

Bridges .

One Bridge , over the common Drayn , at St. Iohns lane end .

Another at the Old fen dich .

A third ( ruinous ) adjoyning to the common Sewer , called the Smethe lode .

Tylney , with the Hamlets .

THe More dich drayn , beginning at Tungreen bridge , and so going to Wyndbrigge .

Read's Drayn , beginning at Rysgate , and extending to the Common Sewer .

The Fen dich drayn , beginning at the West end of Tylney drove , and extending to Pollets gool .

Another Drayn , beginning at the West end of Meeres gre●n , and so extending to Creydike ; from thence to Fryth dich gole , and so into the main River .

Another Drayn coming out of Spellow field , and so over Meyres green , to Meyres green Drayn .

Another , called Black dich , lying from Terington to Islington Fen end .

Bridges .

Five Bridges upon Moredich drayn ; whereof two are in Sale yate , a third called Tungreen bridge ; another called Moredich bridge , and the fift at the end of the said Drayn .

Another Bridge at Rysegate .

Another adjoyning to the Common Sewer .

Another Bridge , called Fen dich bridge .

Another Bridge , called Pollets gool bridge .

Another called Poyse gole bridge .

Another called Meyres green bridge .

Another at Dodale fedham .

Another called Meyres dich bridge .

A Causey , called Islington droves end , lying between the Bridges of Islington and Wigenhall .

Wigenhall .

A Drayn that beginneth at Crow gool , and extendeth to New land gate ; thence to Barnwell Cloyt ; thence to Cowstow pipe , and so to Raynham gool .

Another , called St. Peters dich , leading from Islington bridge to West fen lode .

Another , called the High fen dich , leading from Cowstow to Pykers hyrne ; thence to Hel bottom , and so into the main River .

Another called the Heddings , beginning at Pykers hyrn , and thence extending to Hel bottom .

Another , called the Border , extending from Wygenhall mere to Pykers hyrne .

Another , lying from Wigenhall mere to Scales corner , & so forth to Newfield heddyng , between the Spade gonge and Islington drove .

Another , called Simons lode , extending from a place called the Senston , alias the Hook , and thence to Symonslode gool .

Another , called Crosse lode , extending from the Hook , to the main River .

Another , called Iohn's lode , extending from the said Hook , unto Iohn's-lode gool .

Another , called Bustard's lode , which extendeth from the said Hook , unto Buctard lode gool .

Another , called Griggs lode , extending from a place called the Lowe way , to the Gool head , at the main River .

Another Drayn , coming from West fen dich to Griggs gool .

Another called Martin drayn .

Another called New dich ; beginning at the West part of the Common , belonging to Stow Bardolf , Wynbotesham , and Downham , and extending to the main River .

Another Drayn , lying in Stow-Bardolf , from a place called West head , into the main River .

A Dike belonging to Dounham , which extendeth from Dounham bridge , unto the chardge of the C. Acres of Stow Bardolf , lying at the new Powdich .

Bridges and Causeys .

Gillingore brigge .

A Causey , called called Wigenhall mere , extending from the old Pow dike to Black dich .

A certain Causey , called Low side .

A Common Causey , called Stow brinke , extending from a place called Scapwere , unto the Common gate .

Memorandum , that the Ward dich , called the Little Pow dich , ought to be repaired by the Townships of Tylney , with it's Hamlets , Terington , Walpole , Walton , UUalsoken , and Emneth .

A note of the Chardges , which do yearly belong to Marshland , being but eight Towns .

INprimis , in the High ways for Travellers , there are xxv Bridges , valued in their reparations , yearly at — Cl.

Item , there is in the other ways of the Countrey Lxxx Bridges , and five Gooles , ( without which the Country is neither habitable nor passable ) valued yearly for reparations at — DCl .

Item , there are two other Gooles , very great ones , with Drayns into the River of Ouse ; one called Knight's goole ; the other the New goole , valued yearly for reparations at — CCl.

Item , the Sea-Banks of the Countrey , valued yearly for reparations , at — M Ml.

Item the Pow dikes ; the one called the New Pow dike , and the other the Old Pow dike , which be defensive Banks against the fresh waters ; valued yearly for reparations at — Cl.

The total 3000l.

CHAP. XLV .

HAving no more to say of Marshland , I shall next take notice of the remainder of this Country , lying Eastwards from the River Ouse ; and then of those parts of Suffolk , wherein any improvement hath been made by Banking and Drayning .

In 55 H. 3. complaint a a Pat. 55 H. 3. m. 12. in dorso . being made , that about seven hundred acres of Marish and other Lands , belonging to William Bardolf , and the Prior of Wyrmyngey , lying in Wyrmyngey and Tokenhull , were then overflowed more than formerly ; partly by inundations from the Sea , and River of Secchehithe ; and partly by the making of Pools and otherwise ; so that the said Prior had received very much damage thereby . And that there was a certain Causey lying in the proper soil of the said William , overthwart the said Mannours ( which Causey was the Kings High-way to Lenne ) through the midst whereof a certain stream of water passed behind a Mill ; And that the said William , and his Ancestors , having permitted the people of the Country , for their common benefit to raise the same Causey in the Winter season ; the said stream of water , which had wont to have it's course through the midst of it , as aforesaid , was thereby so stopt , that it overflowed all the lowgrounds therabouts : the King therefore , being desirous that there should be some remedy had therein , granted a Commission b b Pat. 55 H. 3. m. 12. in dorso . to Iohn de Cokefeld , to enquire the truth thereof ; and how and in what manner those Marish grounds might be drayned , with the least damage to the Country .

In 5 E. 1. upon the like complaint c c Pat. 5 E. 1. m. 12. , that the course of the River at Wirmegay , had been so obstructed by the frequent inundations of the Sea , that two thousand Acres of Land , Meadow , and Pasture , lying in the Marshes of Midleton and Wirmegeye , were drowned ; the King assigned d d Pat. 5 E. 1. m. 12. Raphe de Wyrham and Will . de Midleton , to enquire thereof ; and how they might be so drained as aforesaid . And in 22 E. 1. Peter de Campania , and Adam de Shropham were constituted e e Pat. 22 E. 1. m. 28. in dorso . Commissioners for the view and repair of the Banks , Ditches , and Sewers of Middelton , Rungetone , and Sechithe , then ruinous and in decay , by reason of the Tides and flouds of fresh water .

Other general Commissions , of the like nature , were afterwards issued out ; both in this King's time , and K. Edward the second 's , viz. in 35 E. 1. to f f Pat. 35 E. 1. m. 9. E● m. 42. in dorso . William de Carleton , Will . Houward , Giles de Mounpinson , and Iohn le Bretun .

In 1. E. 2. to g g Pa. 1. E● . p. 2. m. 23. in dorso . the same Will . Howard , Iohn le Bretun , and Thomas de Ingoldethorp . In 2 E. 2. to h h Pat. 2. E. 1. p. 1. m. 22. in c●dul● Henry de Staunton , Iohn le Bretoun , Richard de Walsingham , and Thomas de Ingoldesthorpe .

In 6 E. 2. to i i Par. 6 E. 2. p. 1. m. 2. in dorso . Iohn de Thorpe , Richard de Walsyngham , and Thomas de Snyterton , for the view of all the Banks , Ditches , Sewers &c. in the Hundreds of Frethebrigge and Clackelose .

In 10 E. 2 to k k Pat. 10 E. 1. p. 2. m. 10. in dorso . Iohn de Milford , Robert , de Maddingle , William de Corton , and Simon de B ....... for those in the same Hundreds .

In 15 E. 2. upon a Session l l Plac. coram Rege term . M●ch. 15 E. 2. Rot. 22. No●ff . of Sewers held at Tirington , by Sir Thomas de Ingaldesthorpe , Iohn Fytton , Iohn de Hotoft , and Will . Bataile , the Jurors presented upon Oath , that the Causey of Watlington , called East wrodiche , extending from Burfenne to Polberdiche ; and another Causey in the same Town , called Polberdiche , reaching from East wrodiche to the Eebrynke of Wigenhale , ought to be raised in every low place , so as it might be made equal with the highest ; and to be six foot in bredth , throughout , at the top . And likewise , that the Eebrinke , at the River of Wigenhale , ought to be raised in every place , from Pulberdiche to Gerys dam , so as it might be full two foot higher than the highest Water-mark , which was in the thirteenth year of the said King Edward the second 's reign : and to be ten foot broad at the top . And that the Causey of Watlington , called Gerys dam , be raised to the same Levell as it then was in the highest place ; and to be xvi foot in bredth at the top .

And they said , that the Sewer in the Cornfen of Watlington , lying betwixt the Lands of William Chaplein , and Iohn Saunfoly , on the North part ; extending it self from the Meadow gate to the Broad beche , ought to be scoured ; and a Bridge of three foot in bredth , and as much in height , made over the same , in the way of Broad beche ; so that the water might run under the same , without the South side of the Beche , into the Hending , Westward , untill it should come to Will . fitz Thomas ; & there divert the water through the midst of the narrow Beche to Skindeslediche ; & then to run in that Ditch unto the Kings High way ; & there a Gutter to be made 3 foot broad , & 3 foot high , through the midst of the Kings high way , and so to run in the Ditch , betwixt the land of Roger Hestings and Maud Skindwell , till it come to the Eebrynke ; in which place there ought to be a Gutter made , three foot in bredth , and as much in height , through the midst of the said Eebrynke ; through which the water might passe to UUigenhale . And that the said Sewer be clensed throughout , so that it might contain eight foot in bredth .

And they said , that the Gutter called Iuresgole and Goseygole , with the Gutter running through the midst of the Kings High way , opposite to the other , ought to be enlarged , each of them to the bredth of one foot , and as much in height . And that the Sewer , extending it self from the Kings High way to the before-specified Gutters , called Iuresgole and Goseygole , ought to be scoured and enlarged , to the bredth of six foot . And , for the repair and enlarging of those Causeys and Sewers , that land should be purchased in some places● every acre , so imployed , to be estimated at 5 Marks .

And they said , that all the before-mentioned Causeys , toge●her with the Eebrynke and Sewers aforesaid ; with the Bridges and Gutters , ought to be made , repaired , inlarged , and clensed , as often as need required , at the chardge of those which held Lands or Tenements in the said Cornfen of Walington , betwixt the same Causeys or elswhere , each man to be assessed according to the proportion of what he held ; and according to the benefit and safeguard which he had thereby . And that there were in the field of Cornfen , betwixt those Causeys , four hundred and fourscore Acres , and one rode of land .

And they said moreover , that the Sewer in the Cornfen of Watlington , extending from Eastwrodiche unto Meadow gate , betwixt the arable lands , meadows , & Sewers on the West part of Meadow gate , from Watlington Hall meadow , Southwards , unto the Dam : and the Sewer from the Lake at the Thwarlbek , towards the South , betwixt the Flegester and the Common ; and Westwards toward the Meadow gate , on the East side of the Meadow gate , Northwards to the Meadow gates end . And the Sewer on the East part of the Beche , from Polberesdich , Southwards , to the Gutter passing through the midst of Thurlanegate , betwixt the Beche and the Hedlondole . And the Sewer from the Calkecotecroft , Southwards , betwixt the Reyndole and Thurlongpythils and Forkescroft , to the Cheker . And the Sewer from the Thurlongpightels , Southwards , betwixt Thurlongate , and the Lake to the Dam. And the Sewer from the Gutter , passing through the midst of Thurlongate , Westwards , to Wigenhale crofts , betwixt the Dam and Dich furlong . And the Sewer from the Dam to Wigenhale crofts , and the Dich furlong , & the Beche , Northwards , to Skindelesdiche . And the Sewer on the East part of the Kings High way , from the Dam , Northwards , unto Polberdich , ought to be clensed as often as need should require ( so that the water coming into those Sewers , might passe without any impediment ) at the chardges of those persons which have lands abutting upon them . And that every Sewer should be six foot in bredth .

And they said , that the Causey in Newland and Watlington , on the South part of Gerys Dam , ought to be raised from the land of Robert atte Dam , Eastward● , unto the meadow of Peter fitz Iohn . And that the Causey frō Gerys dam to Geylode drove , lying at the East had lands in the Newland , ought to be raised in every low place as much as where it was then highest ; and to be six foot in bredth at the top . And that the said Causeys ought to be made at the chardges of those , which have lands in Newlond quilot , according to each mans proportion , and the Commodity and defence which they have by them . And they said , that the Gutter in Newlond , through the midst of Ee brynke , betwixt the lands of Will . Lucas , and of Maude the Daughter of Iohn Geylode . And the other Gutter , lying betwixt the land of Will . de Clenchwarton , and the land of Thomas the Son of Rich. atte Greene , ought to be enlarged , as aforesaid . And another Gutter , lying betwixt the land of Thomas Bennyng ought to be enlarged : As also another Gutter , lying betwixt the Messuage of Will . Seaman , and the Messuage of Clarice the Widow of Henry . And likewise another Gutter , lying betwixt the land of Iohn Leff , and Peter Heward : And another , lying betwixt the land of Will . fitz Thomas , called Wadys , and the land belonging to the heirs of Thomas Bond : And another , lying betwixt the land , between the Briggecroft and the Messuage late Peter Mountfords .

Also , that the E●brynke at the River of Wygenhale , from Geyrys dam to Geylode drove , ought to be rai●ed two foot above the high Water-Mark , as it was in the xiiijth year of the reign of K. Edw. the second : and to be ten foot in bredth at the top . And the said Ee brynke to be made & maintained at the charge of the landholders in Newlond & Watlington . And that all the Ee brynks in Watlyngton be made and repaired , before the days assigned by the Dichgreves , upon penalty of Bylaw , which is for every perch xiid. And that all the Banks in the said Town , for defence against the fresh waters , be likewise made according to the days assigned by the Dichgreves , upon the like penalty of By-law , which is for every perch vid.

And they said , that all the Sewers and Gutters in the Cornfen and Newland , ought to be made before the days so likewise assigned by the Dichgreves , according to the Ordinance made before the Justices , upon penalty of the Bylaw , viz. for default of every perch iijd.

Also , that the Custome of Marshland is , that they who ought to make or repair their Banks , shall be warned to do the same by a certain day ; and that if they fail therein , then that the Bylaw shall be levyed upon them .

And they moreover ordained● that all such as had Stowes lying in their Sewers any year , or after the Feast of All Saints , should pay to the Dichgreves for every such transgression vid. And , that all the Tenants and Commoners in Watlington should meet twice in the year , and hold the Customes of Marshland . And that there should be chosen from year to year certain Bayliffs , which are called Dichegreves , who may have power , on the Kings behalf , to distrain the offenders , both within and without their houses , by all their Goods and Catals found in the said Town . And that whensoever those Dichgreves should find any Hoggs rooting upon the Ee bryuk , it should be lawfull for them to impound them , and to keep them so impounded till they shall receive three pence for every Hog . And that when any man is reasonably required to repair and maintain his said Banks , Ditches &c. and shall neglect so to do , so that his Goods and Catals are thereupon taken by the said Dichgreves , or their Deputies ; the said Dichgreves shall receive for their pains in so distraining them , id . for each distress .

By another Inquisition ⁿ taken about that time , before Sir Robert de Scales , Sir Iohn de Fytton and others , it appears ; that the Jurors presented upon Oath , that the Inhabitants of Watlington and Runcton holme suffred great losses in the Common of Pasture belonging to those Towns , for want of Gutters and Sewers there . And they said , that the Sewer , which extendeth it self from Monyescroft in South old Ee , Westwards , to the Hirne croft ; and from the East end of Hirne croft into the Ditch , which is betwixt the Field , called the Sight ; & from Geylode drove directly to the Eebrynke of Wigenhale , ought to be amended & made deeper , so that the water running therin might pass without any impediment : and to be in bredth eight foot , for the whole length thereof . And that a Gutter should be made through the midst of Heibrynke , in bredth three foot , and as much in height ; through the midst whereof , the water may run in Wigenhale Ee.

And they said , that the same Gutter and Sewer at Geylode drove , ought to be made , maintained , repaired , and clensed , as often as need should require , at the charges of those which had Common of Pasture , or that had Common betwixt Gerys dam and Flemyngs hithe , each man according to the proportion of what he held ; and as they had benefit and preservation by the said Sewer . And that the said Commoners should every year meet at the Old Ee , on the morrow after Trinity Sunday ; and keep the Customes of Marshland . And for the performance of the premisses , there were chosen four Guardians by the said Jurors .

In 7 E. 3. Iohn Claver , Robert de Welle , Thomas de Birston , and Simon Costyn were constituted n n Pat. 7. E. 3. p. 1. m. 11. in dorso . Commissioners for the view and repair of the Banks , Ditches , Sewers &c. in the Towns of Midleton , Sechithe , Rungetone , Westwynche , Watlyngtone , Wirmegey , Shuldham and Pentney , in this part of Norfolk .

Upon a Presentment in 37 E. 3. there was a Precept o o Plac. ●oram R●g● term . M●ch. 37 E. 3. Rot. 21. No●ff . directed to the Shireeve and Iohn Berney , to enquire how the River of Smal Ee , came to be obstructed ; and who ought to scour it ; as also what Towns had damage thereby .

By a pleading p p Pl●c . coram Rege term . Mich. 41 E. 3. Rot. 18. N●r● . in 41 E. 3 , Sir Hamond de Felton Knight , then Lord of the Mannour of Dansey , could not deny , but that he ought to clense the several waters running from Gaywood to the Sea , called Danseye hee , which was then obstructed : and that he ought likewise to make and repair a Bridge there , then ruinous : the Shireeve thereof had command to distrain him and his Tenants , both to clense the said Chanel , and repair that Bridge .

In 44 E. 3. the Mayor , Aldermen , and Constables of Lenne were commanded q q Pat. 44 E. 3. p. 1. m. 34. to view the Ditches compassing that Town ; which , by reason of its situation upon an arm of the Sea , were through the ebbing and flowing of the Tides , filled up with mud and other filth , to the great damage of that Town : and to take course for the speedy remedy thereof .

In 4 H. 4. Iohn Hevenyngham , Iohn White , Raphe Ramsey , Will . Snetesham , Iohn Clere , and Robert Marcham had Commission r r Pat. 4 H 4. p. 2. m. 31. in dorso . to view the Banks , Ditches , and Sewers &c. betwixt the Town of great Iernemuth and the City of Norwich , on the one part ; and the said Towns of great Iernemuth , and Bekles , on the other ; which were then in decay : with special direction to perform all things therein according to the Law and Custome of this Realm , and those parts of this County .

By an Indenture s s E● au●● g● . in Eccl. S. Ge●mani de Wigenhale . tripartite , made in the Church of S. German , at Wigenhale , on the Feast day of S. Mark the Evangelist , in 11 H. 4. it appeareth ; that the Abbot of Dereham , Prior of Shuldham , Prior of Pentney ; Robert Kervill and Iohn Elwin , Tenants of the Lands , lying on the East side of the River of UUigenhale aforesaid ; and the xij Jurors then in the Sembec , there ; did , for themselves and their successors , with the consent and assent of all the Land-holders on the said East part of UUigenhale , and of the Hamlet of Sadylbow ● grant unto the Prior and Covent of UUestacre , and to the Prioresse and Covent of Blackvergh , and their successors ; as also to Will . Campneys and Margerie his wife , their heirs and assigns ; that they the said Prior , Prioresse , William and Margery , of their own proper costs , might make a certain VVater-course , or Sewer , sufficient for all the Lands and Tenements of the said Prior and Prioresse , and their successors ; and of the said William and Margerie , and their heirs and assigns , lying in the Erles march ; viz. betwixt the Erles dich on the North part , and Bond 's dam on the South side of Grenedich ; so that by the same Sewer , the before-specified lands might drayn , from time to time , whensoever the said Prior , and Prioresse , William and Margery , their heirs and assigns should think fit . And that they should have , enjoy , and maintain the said Sewer so made , for ever , from a certain place called the Erlesmarsh ; and so through the midst of Sadilbow pitts , to the bredth of eight foot ; and thence to a certain Gutter , called Feresgote . With power to make a sufficient Bridge over the same for Carts , at the South East Corner of Geffrey Siward : and another also for Carts , neer the gate of the heirs of Iohn Drew , and a third likewise for Carts ; together with a Clow , having two bars with Keys , at the West end of Brod will Ea ; whereof one Key to be kept by the Dyk Reeves , for the time being , to remain on the said East part of Wigenhale ; and the other by the said Prior and Prioress and their Successors , and the said Will . and Margaret and their heirs and assigns , for ever ; to the intent , that if an excess of water should fortune to come on the side of Erlesfeld , then the said Dike Reeves might shut the same Clow , untill the said Sewer might , in reasonable time , convey it away ; so that the Lands in Wigenhale and Sadilbo might not be overflowed therewith . And in like manner , if such an excess of water should come from Wigenhale and Sadilbo ; that then the said Prior and Prioress , and their successors ; and the said Will . and Margerie , and their heirs and assigns , for prevention of the inundation of their Lands , might shut the same Clow , untill the said water should be carried away . And that otherwise than for the evacuation of such excess of water , coming from Erlesmarsh , or from that part of Wigenhale and Sadilbow , neither of the said parties to shut the same Clow.

And the said Prior and Prioress for themselves and their successors ; and the said Will . and Margerie , for them and their Heirs , did Covenant to keep sufficiently and maintain , the said Sewer , Bridges , and Clow , at their own proper costs and chardges . And the said Land-holders in Wigenhale and Sadilbow Covenanted likewise to permit them the said Prior and Prioress , and their successors ; and the said Will . and Margerie , and their Heirs , to have a sufficient Sewer for the draining of their Lands in Erlesmarsh aforesaid . In consideration whereof , they the said Prior and Prioress , for themselves and their successors ; and the said William and Margery , for themselves their Heirs and Assigns , did grant to the said Landholders of Wygenhale and Sadilbow , an yearly rent of viiis. to be received yearly out of the Lands beforespecified .

After this about two years , ( scil. on Thursday next after the Invention of the Holy Cross ) there was a Perambulation t t Ex v●t . Rot. perg●m . pe●è● Henr. K●rv●ll de Wigenhale , Ar●● . made on the East part of the River of Wigenhale , by xij . Jurors ; who said upon their Oaths and ordained , that for safeguard of the said Town , the Newland dich ought to be eight foot in bredth at the ●op . And that all the Sea-banks opposite to the messuage Walls , and elswhere , from the said Newland dich to Rouse beche , ought to be xij . foot broad at the top . And that the Rouse beche , Briggebeche , Yernemouth dole , Dukesbeche , Gromesdiche , and Cannesbeche , ought to be xij . foot in bredth at the top .

And they said , that all the Sea-banks , opposite to the messuage Wall of Sechegole , unto Pulbergole , ought to be six foot in bredth at the top , and within the Wall four foot , but elswhere xij . foot . And that all the said Sea-banks ought to be raised above the highest tides , two foot , and perfected before the Feast of the Nativity of S. Iohn Baptist , upon penalty of the Bylaw ; viz. for every perch not repaired vid. And that they be well turfed before the Feast of All Saints , upon penalty of Biscot : and at the utmost that they be sufficiently repaired before the Feast of the Nativity of our Lord , upon penalty of Triscot .

And they likewise ordained , for the better safeguard of the said Town , that all the said Sea-banks should be strengthned with Stakes and Piles , or with Timber ; viz. of schoring , where need required , before the Feast of All Saints , upon penalty of vis. viiid. for every perch not repaired . And that all the Sewers should be clensed and scoured , where need was , before the Feast of the Nativity of S. Iohn Baptist , upon penalty of Bylaw ; viz. for every perch not repaired ijd. without damage to the Land sowed . And that where the Sewers lay upon the sowed Land , that they should be clensed before the Feast of S. Michael the Arch Angel , upon the like penalty : And that all the warp should be thrown into the Common wayes , to fill up haggs and lakes , where need was , upon a great penalty , where it should ly neer the Common rode .

And they furth●r ordained , that all Dunghills , lying in Common , to the nusance of any , should be amerc'd , viz. for each Dunghill ii● . there was therefore warning given for their removall , before the Feast of S. Michael the Arch-angel , upon penalty of iiii● . for every Dunghill .

And they said , that there was a certain Lake , in the Kings High way , betwixt the Messuage of Iohn Hastings Chaplain , and the Plot lately belonging unto Edm. Blower ; command was therefore given to fill the said Lake with earth , on each side , before the Feast of S. Iohn Baptist , upon penalty of vis. viii● . As also that all Trenches , Lakes , and Haggs in the fai● publick ways , within the before-specified limits , should be filled up with earth , lying neer thereto , before the said Feast of the Nativity of S. Iohn Baptist , upon penalty of vi● .

And they likewise ordained , that all those old Cu●tomes , of Bylaws , and oth●r , touching the safeguard of that Town , antiently used and approved by the Kings Justices , should be firmly kept : And to quicken the observance of them , that the said By-laws , Biscot , and Trisco● , should be levyed according to antient Custome , by the oversight and advice of the Jurors of the Purale . And that the principal Guardians , called Dike-Reeves , as often as they should think fit , should make inquisition of the trespasses touching the common obstruction in the Sewers and Stows , and the like ; and amerce those whom they find faulty , according to the measure of the offence . Which Dike Reeves to have the one half , and the Commonalty the residue , for those common nusances , to be imployed in menwarke and grundegole . And the persons taking the said distresses to have id. called Wopeny , for every one so taken : as also twelve pence in every xxs , of Tallages and Amerciaments by them Collected . And that the chief Guardians of the Town , should , for the future , from year to year , upon the Feast of S. Marke the Evangelist , give up their accompt at a publick meeting , of all Tallages , Bylaws , Biscot , and Triscot , in what sort soever levyed ; and be answerable for the same unto the Commonalty , according to antient usage : and the same day to deliver up their verdict unto them .

And , that the said chief Guardians , their Deputies , or Attorneys , shall swear to execute their Office , for the common benefit and safeguard , not favouring any . And that the Distrainers should likewise swear to observe the direction of the said Guardians , and be obedient the●eto .

And they also said , and presented , that in times past , much peril had hapned to the said Town of Wigenhale , through the negligence of the Dike Reeves , appointed for the safeguard thereof ; in regard they had not sufficient Lands and Tenement within that liberty , nor knowledge of the Laws and Customes of Marshland . Whereupon , for the avoiding of future peril , it was ordained , by the consent of the whole Commonalty , that , thenceforth , no Guardian , which should be chosen for the safeguard thereof , should make any Deputy or Attorney to exe●ute his Office , except he were a fit m●n , free , and sufficient to answer to the Commonalty , in case any hurt might come to the Sea-banks through his neglect and default . And they likewise ordained , that no man should thenceforth take upon him to measure any Se●-banks , without the oversight and assent of the Town Officers , sworn thereto , upon the penalty of xxs.

And they moreover presented , that whensoever the Commonalty should be summoned to meet for the safeguard of the Town ; that they which should then be present , whether more or lesse in number , might , together with the chief Guardians , or those which should then be there , have power to make Ordinances for the safeguard before-specified ; and that the same Ordinances should be effectual and firm . And that if any of the xij Jurats should make default , by not meeting , or to perambulate the Sea-banks , for the safeguard of the Town , that each of them should be amerc'd at xiid. so often as he did so neglect . And in case the said principal Guardians , their Deputies or Attorneys , did make default , each of them to be amerc'd at iiis. iiiid. as oft as he did so transgresse . And if the said distrainers should not come with their Rolls of the Sea-banks , and with the perch to measure them ; that they should be amerc'd at xxd. for every time of such their neglect .

And they said , that when any Grun●egole should happen in the Banks of the Sea , or Marshes , and not through his default to whom the same belonged ; that it should be repaired by the Commonalty of the Town ; and the party whose Grundegole it was , to be distrained until he made satisfaction . And that in case any man should be refractory , or a Foreiner , so that no distresse could be made upon him for such default in his Bank , and that the said Bank were in danger ; that then the chief Guardians to summon the Men-worke , and make good the Bank for certain sum of money ; and when time should serve , a distresse to be taken and detained untill three pence were paid for every peny so expended . And that whosoever should have warning to repair the said Grundegole and came not , he should forfeit xijd. And whosoever should not come upon summons to special Men-worke , to pay xii● . and neverthelesse to perform the same on the morrow .

And they likewise ordained , for the better safeguard of the said Town , that Sessings should be made in the said Banks , opposite to the Messuages and Walls , twice or thrice every year , in case of necessity , for preservation of the Bank ; and that the persons agisted should be distrained , from day to day , for the due performance thereof . And they said , that they had , time out of mind enjoyed a Cart way for Carriages , in a certain place , called the Bicches , on the backside of the said Sea-bank , for repairing the same Banks at all times of the year , when need required .

And they also ordained , that every Ditch being within lesse than xii foot of the backside of the Sea-bank , should be filled up by those unto whom the same Bank lying opposite to it , belonged ; and that the same should be speedily accomplished , upon penalty of iid. for every foot . And they farther ordained ; that , for the better safeguard of the said Town , no man should thenceforth make any Ditch or Pit , upon the backside of the Sea-bank , within xii foot , upon penalty of iiis. iiiid. for every perch . And that if any Hoggs should be found feeding or rooting upon the said Sea-banks , they to be amerc'd for every foot id. and for each mandible id. And for Sheep or Cattel treading or depasturing thereon , from Rousebeehe to Pulberys gole , to forfeit id. for every foot , as often as occasion should be .

And they also ordained , that all the lands , lying in the field of Sadylbowe , abutting upon Seche water leswe , betwixt Thefe gate , and Farlow diche , should raise the Stows , equal with the land on each side ; and with Hurdles laid upon them six foot in bredth , to prevent the water , coming from the Sewer of Sechewater leswe , from overflowing ; upon penalty for every Stow vid.

And , that the Causey extending from Newdiche through Lenne gate and B ..... milhirne , on the West part to Puelldole , was in decay ; and from Puell dole by Thefe gate , and the lands of the Prior of Schouldam ....... to .... Diche ; and from a place called the ...... hee , by Powdiche on the North-side , unto the great River of Wigenhale , by reason of the excesse of water coming out of the Field of Seche and Watlington .

In 14 H. 4. Iohn Ingaldesthorpe , Iohn Harsyk , Simon Baret , Iohn Mannyng , and Thomas Styward were constituted u u Pat. 14 H. 4. p. unica m. 28. in do●so . Commissioners for the view and repair of the Banks , Sewers &c. in the Hundreds of Frebrigge and Claklose , betwixt the Mill at Marham and Secchithe Bridge : with direction to proceed therein according to the Law and Custome of this Realm , The like Commission w w Pat. 16 H. 6. m. 5. in dorso . in 16 H. 6. had William Earl of Suffolk , Sir Raphe Cromwell , and Sir William Bardolf Knights , Will . Godered , Nich. Dyxon Clerk , Sir Iohn Colvyle , and Sir Thomas Tudenham Knights , Andrew Sperlyng , Iohn Heydone , and Gilb. Haltofte , for all those throughout this whole County : with power to make Laws and Ordinances therein , according to the Law and Custome of this Realm and of Romeney marsh ; and to determine all things therein according to those Laws : as also to imprest so many Diggers and Labourers , upon competent wages , as they should think necessary to imploy in those Works , in regard of the expedition which the same required .

But farther , touching this North east part of Norfolke , than what hath been said , I have not observed● untill the xviith year of Queen Eliz. reign , that Sir Nicholas le Strange , and Sir Robert Bell Kts . with other Commissioners of Sewers for the Hundred of Clak clos , made x x Ex cod . MS● pe●è O. S. Iohn f. 153. b. these following Ordinances , upon the fourth of Aug. in a Session of Sewers held at Kings Lynne , viz.

That all the Banks against the great River , extending to Narborough barrs , to Canons fen , shall be repaired , and made in bredth at the bottom , xvi foot ; at the top 4 foot ; and in height 4 foot ; and the Chanel of the River 24 foot in widenesse : The like all along , down to Pentney Mill.

That Pentney Mills be pulled down , whereby the drowning of the common ground of Marham and Shouldham may be prevented ; which by reason of the keeping up the water , for those Mills , are overflown .

That the back Dike from Narborough barrs , to Cardike , be kept in bredth 8 foot , and in depth 5.

That all the Banks of the River from Blackborough bridge to Prioursturne , be made in height and bredth as aforesaid . So likewise then to Cotehill , and thence to Sechee bridge .

That the Drayn called Wronglode , extending from Wode dyke to Tile kill , be in bredth 8 foot , and in depth 4.

So also the Sewer called Wode dike , lying in Marham ; and likewise Carre dike .

That the common Sewer called Bush fen , extending from the said Car dike to the great River , be made xx foot in bredth , and five foot in depth .

That a Dam be made on the West side of Bush fen Ea , in Dunstall dike , so that the waters coming from Car dike may run into Bush fen Ea.

That a Drain in Marham , extending from Crosse yard to Padocks hill , be made in bredth five foot , and depth three .

That the old River in Marham , be made 12 foot broad , and four foot deep , from the place where Marham Mill stood , to Beares head : Thence to Marplot dike , of the same bredth and depth ; Thence to Dunstall dike ; and thence to String dike in like sort .

That Dunstall dike shall Drayn through the Mill Causey , by a sluce there to be made of two foot square , into a Dike lying on the North side of a Hop-yard , called Hopyard dike : Which Dike , extending from the said Causey to Stringdike , to be 8 foot wide also , and 5 foot deep .

That the Drayn in Marham , extending from Swans nest to Bradwell lode , be made eight foot wide , and four foot deep .

That Bradwell lode , extending from the Abby yards end unto the old Ea , and so to the Crosse willow , be made of the like bredth and depth .

That the Drayn from Dowhouse-Close , to Crowdw●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 ● 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 Creek● 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 th●nce to the River of Ouse , 16 foot in bredth , and 6 ●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 The●fes bridg unto Hobs dike , be kept in br●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 ● in Watlington , be kept in bredth 12 foot , and in depth 6. and the menure cast out of it to be laid upon the Causey on the North part therof , for the raising of the same Causey .

That the Were Bank lately made by the Inhabitants of Walington , extending from the great River at Bells drove to Moynes crost , leaving in the midst of the Old Ea a Wast to be made of iime and stone 3 foot square , and a sufficient Drayn from the same to Geris dam , be sufficiently maintained .

That the Townships of Runcton holme and Watlington do make a Drain from the Pipe lying between Bells drove and Flemings hive , to the great Lake , of 8 foot wide , and 4 foot deep .

That those which ought to amend the Drains , ☜ neglecting for 14 dayes , the Dike Reeve to perform the work , taking for for every peny laid out 3d.

Tha● the Causey , called Fleming hive , lying in Runcton holme , be made in bredth 16 foot , and in height 5 on the North side .

That Thorpe land gole , be maintained 9 foot in bredth , and in depth 4.

That Stow goole ( alias Hirne gole ) be made in bredth 8 foot , and in depth 4.

That the Sea-banks from Stow bridge , to the division between Stow and Dounham , be in bredth on the top 8 foot , and in height one foot higher than the highest Water-mark .

That the Drayn in Wimbotesham , extending from Midl●tons house to the Parsonage , be 3 foot broad , and 2 foot deep ; thence to Inghams Corner , 5 foot broad , and 3 foot deep ; and thence to Wimbotesham gole , in bredth 8 foot , and depth 5.

That the Drayn in Downham , on the East side the River of Ouse , extending from Bydewells to the great River , be made from Bydwell to Goodcrosse , in bredth 3 foot , and depth 2. From thence to the Goole dich , in bredth 8 foot , and depth 4 , and from thence to the great River , in bredth 10 foot , and depth 5.

That the Drayn in Dounham by Yerning ditchs , extending to Tullymore in Denver , be made in bredth 8 foot , and depth 5 , and the Gool belonging thereto to be repaired .

That the Banks on the East side of Ouse , from Dounham goole to Denver hithe , be 6 foot broad at the top , and one foot higher than the highest Water-mark .

That all the Banks of the said River , from Denver hithe to West lode ; and thence to Gunnels lode , be on the top 5 foot broad , and one foot higher than the highest Water-mark .

So likewise on the North side of West lode , alias Wyssey River , extending from Gunnels lode to Shippen lode .

And from Shippen lode to Helgay bridge , to be 12 foot at the bottom , 6 foot at the top , and in height equal with Helgay Causey .

And in the seventh year of King Iames , the Sea having made a very great breach betwixt the Towns of great Yarnmouth and Happisborow , in this County of Norfolk , and overflowed and drowned much hard grounds , besides the greatest part of the Marshes and low grounds within divers Towns and Parishes , not only of this County , but also of Suffolk ; there was a special Act * * Cap. 20. of Parliament then made , for the issuing out of Commissions , under the great Seal of England , for the Survey and view thereof ; and using such other means for the speedy recovering of them , as by the said Act are particularly directed .

CHAP. XLVI .

IN 6 H. 3. complaint a a Pat. 6. H. 3. p. 1. m. 3. being made to the King , that the Sea-tides had overflowed a great part of Dunwich , and the Lands adjacent ; as also , that they did daily encroach more and more thereon , so that farther damage was like to happen , in case something were not done therein ; he issued out his Letters b b Pat. 6. H. 3. p. 1. m. 3. Patents unto all the Earls , Barons , Knights , and Freeholders of this County , affectionately desiring them , that they would apply a proper and speedy remedy thereto . And in 3 E. 1. the King directed his Precept c c Claus. 3. E. 1. m. 18. to the Constable of Orford Castle , that for the better defence of Orford marsh , ☞ he should cause new Banks to be made where none were before ; and to repair the old ones in all places where they were defective .

In 18 E. 1. there was so great and suddain an inundation d d Pat. 18 E. 1. m. 19. in dorso . of the Sea , at Gernemuthe , and the parts thereabouts , that it broke into the Houses , and carried out much of their goods , and Chests with money and Jewels ; as also Sheep and other Cattell out of the pastures ; many whereof were taken up by those who were not the proper owners of them : Whereupon the King having information , he constituted e e Pat. 18 E. 1. m. 19. in dorso . Will . de Gyselham , and Will . de Redham Commissioners to enquire in whose hands they then were ; and to cause restitution thereof to be made .

In 3 E. 2. Hervie de Staunton , Iohn le Breton , Ric. de Walsyngham , and Thomas de Ingaldesthorpe were assigned f f Pat. 3 E. 2. m. 26. in dorso . to view the Sea-banks , Ditches , and Sewers in this County , and to take order for their repair , where need required . The like assignation g g Pat. 9 E. 2. p. 1. m. 20. in dorso in 9 E. 2. had Robert de Reydone and Roger Sturmy , for all those upon the Coast betwixt Ippeswiche and Donewich .

And in 31 H. 6. the Abbots of Leyston and Sybeton , Thomas Brewes , Iohn Harleston , Will . Ienney , Reginald Rous , Iohn Strange , and Richard Yakesley were appointed h h Pat. 31 H. 6. p. 1. m. 22. in dorso . to make the like view from Amynesmere haven unto Rakewarebrigge , and from Stonhill to Keyesbrigge ; and from Rakewarebrigge to Yoxford brigge : and to make Statutes and Ordinances according to the Lawes and Customes of Romeney marsh &c. as also to take up so many Diggers and other Labourers , upon competent wages , as should be necessary to be imployed in that work , in respect of the great necessity in accelarating thereof , for the avoidance of further mischief . So also in 36 H. 6. were i i Pat. 36 H. 6. p. 2. m. 4. in dorso . Sir Robert Corbet Knight , Thomas Brewes , Iohn Harlestone , Henry Grey , Reginald Rous , and Henry Turnour .

CHAP. XLVII .

REturning now Westwards I come to Cambridgshire , wherein the largest proportion of this spacious Fenny tract lyeth : and in regard that the obstruction * * See Cap. for the reasons thereof . of the old natural outfall at Wisebeche , not only of that great River Ouse , wholy ; with Grant , and likewise a branch of Nene , then united to it ; but of divers Lodes and Lakes besides , hath been both the Original and chief cause , that the main Level became thus totally overflowed ; and consequently , the occasion of such excessive pains and continual chardge , aswell for the preservation of it from utter drowning , as recovery of what was so under water ; I shall next take notice of the manifold endeavours and vast expences in that kind , which have been used in order thereto : as also of such dreadfull inundations from the Sea , by reason of sundry violent tempests ; or of the same fresh waters , which for divers ages have hapned in these parts .

In the year MCCxxxvi . ( 21. H. 3. ) on the morrow after Martinmass day , and for the space of eight dayes more , so boisterous were the winds , that the Sea , being raised much higher than its usual bounds , broke in at Wisebeche , and other places of this Country , ita quod naviculae , pecora , necnon & hominum maxima periit multitudo , saith a a Annal. M. Westm. de An. 1236. Math. Westm. So that of little Vessels , Cattel , and people , very many were destroyed .

And about seventeen years after , there hapned such another wofull accident : whereupon the King directed his Precept b b Claus. 38. H. 3. m. 12. to the Shireeve of this County , requiring him to distrain all those who had Lands within the precinct of the old Banks in these parts of Wisebeche , to repair the said Banks as they ought to do , according to the quantity of their holdings . Which losses , though they were very great , might the better have been supported , had not the before-specified obstruction of the fresh waters annoyed them in a more than ordinary measure ; which so much increased , that in 13 E. 1. the Tenants to the Bishop of Ely in Welle , Elme , Wisebeche , Leverington , Neuton and Tyd complained c c Pat. 13 E. 1. m. 24. in dorso . thereof to the King ; in particular shewing , that their Lands in those Towns , by the great flux of waters running towards the Sea ☜ of Wellestrem , and through the defect in repair of the Sewers , Bank of Rughmere , and other Banks , antiently raised , and to be made anew from Town to Town , were drowned : and not only so ; but that divers of the Inhabitants in those Towns , being averse aswell to their own as others benefit , did refuse to submit themselves to the Law and Custome of the Fen , for remedy thereof : the said King therefore constituted d d Pat. 13 E. 1. m. 24. in dorso . Hugh de Balsham , then Bishop of Ely , and Hugh Peche , his Commissioners to make enquiry &c. and to cause the said Bank of Rughmere to be repaired at the chardge of those persons , whose Lands were preserved from the perill of inundation , thereby ; or if need were to raise another in a ☜ more fitting place : provided , that by such repair and making of Banks from Town to Town , no disherison , or damage did befall Geffrey de Sandiacre and Clementia his Wife , and their Tenants in Neuton and Tyd , or any other person whatsoever .

After this , within a few years , the Sea-banks in these parts being again broken Pat. 19. E. 1. m. 23. ●● dorso . by the violence of the Tides , the same Geffrey de Sandiacre , and Iames de Beaumeys were appointed Pat. 19. E. 1. m. 23. ●● dorso . to view them , and to take order for their repair .

But these irruptions of the Sea , as they were casuall ( viz. when the North or North East winds accompanied extraordinary Spring-tides ) so were they not frequent , nor did those flouds so long continue upon the Land , as to destroy it by drowning ; the stagnation of the fresh waters producing much more damage ; which for want of evacuation , for the reasons above-specified , were a continual annoyance to the whole Co●ntry thereabouts ; insomuch as the Inhabitants of Marshland , discerning the danger to that Province , by the increase of those waters , did in 21 E. 1. procure a Commission g g Ex Regist. de Ramsey , penès H● W. Cromw●ll arm. f. 115. a. from the King , bearing date the xixth of Iune , directed to Peter de Campania , Thomas de Hakford , and Adam de Schropham , to enquire farther touching the same , and to apply the most proper remedy thereto . Who thereupon sitting h h Ibid. at Utwell upon Monday after the Feast of S. Peter ad vincula next ensuing ; and taking into consideration i i Ibid. what ought to be done , for restoring those waters of Utwell ( for so that great River of Ouse , which had formerly passed that way was then called ) to their due and antient course , ☞ did , with the assent of the Country , ordain , that there should be three Dams made ; one at Utwell bridge , another at Lytlelode b●idge , in Upwell ; and the third at Fen-dyke-lake in Upwell also . And because the Inhabitants of Marshland , at whose instance the said Commission was procured , perceived that this Ordinance for the making of these three stops would be for their benefit ; they , without any authority from the said Justices , given to them , or from the Shireeve , or any Bayliff of the Hundred , did , of their own accord , and contrary to the tenor of the before-specified Commission , make a stop of the said water at Lytle lode aforesaid , and so continued it , untill by the force of the water , with the help of some persons who passed that way with their Boats , a part thereof was opened . And finding it so opened , procured another Commission to Simon de Ellesworth and Thomas de Hagford , to Ib. f. 116. a. enquire thereof . Who by by virtue of that Commission , sitting at Upwell , upon Wednesday next after the Invention of the Holy Crosse , in the xxiiith year of the said Kings reign ; and making enquiry accordingly , were answered ; that they had not any power by their said Commission so to do ; by reason they had no appointment for the stopping thereof : Whereupon the said Thomas de H●gford , who was likewise associated with the before-specified Peter de Campania , in the first Commission , being asked , whether himself and his fellow Justices at that time , did then consent , or give command for the damming of the said water of Lytle lode , answered , that in the Commission , so directed to Peter de Campania and himself , there was nothing contained , but only touching the waters descending by Utwell , without any mention at all of stopping the water of Lytle lode in Upwell , and consequently no command to obstruct the same ; whereupon they the said Simon and Thomas forbore to do any thing farther therein .

But afterwards , the same day● the said Commissioners , by virtue of another Precept for the view of Pokediche , in Marshland ( whereof I have in the Chapter of this my discourse , already taken notice ) did receive this following verdict from the Jurors then impanelled and sworn ; viz. that there was a necessity , that the water at Upwell should be stopt at the house of one Raphe Smith of that Town ; and that the old course thereof should be clensed , and enlarged from the Sluse at Elme , unto that stop at Upwell , xl foot in bredth ; and made in depth full six foot more than it was at that present . And that there was the like necessity , that the said water of Up well should have its course by the Lytle lode to a place called Wadyngstowe , till such time as the said Sewer were so clensed , enlarged , and repaired , as hath been said : And , that if the said Chanel called Lytlelode and Wadingstow , would not be sufficient to carry those waters , that it should be enlarged by the oversight of the Shireeve of Norfolk , as need required . And it was then also ordained , that the Lyttlelode and Wadyngstowe should be kept open , untill the before-specified Sewers were clensed ; viz. till the Gule of August : in pursuance of which Ordinance , that part of Lytle lode , then remaining stopt , after the said breach by the power of the waters and Boats so passing that way , as hath been said , was opened .

After this ; viz. in 27 E. 1. the said King , directing his Precept l l Ib. f. 119. a. to Will . de Carletone and Will . Howard to enquire concerning the breach of the said stop at Lytle lode , by reason whereof the water could not have its passage to the Sea accordingly as it had antiently used● they sate at Welle , upon Wednesday after the Octaves of Easter , and received this following information by the verdict of the Jurors then impanelled and sworn ; viz. that Robert Russel Bayliff to the Abbot of Ramseye , Iohn Mayner , Walter Halleman , and others , had forcibly broke down that Dam at Smal lode ( or Lytle lode ) and that one Richard Curteys had done the like at Wadyugstowe : Whereupon the Shireeve had command to take them all , and imprison them , untill he should receive farther directions therein .

In 8 E. 2. the King being informed , m m Pat. 8. E. 2. p. 1. m. 16. in dorso . that the water whereby divers persons of Cambridge , Huntendon , and Northampton shires , passed with Ships and Victual , from the parts of Lenne to Welle , to the great benefit of all the Country , and especially of the Town of Holme , situate thereupon , was obstructed by certain men dwelling thereabouts : he therefore assigned n n Pat. 8. E. 2. p. 1. m. 16. in dorso . Iohn de Butetort , Robert de Maddingle , and Walter de Mollesworth to enquire thereof .

The next ensuing year Geffrey de Colvile , Robert de Maddyngle , Laurence de Burewelle , and Iohn le Corouner , were appointed o o Pat. 8 E. 2. p. 2. m. 24. in dorso . to view the Banks and Sewers upon the Sea-coast , lying in Tyd , Neuton , Leveryngton , and Wysebeche ; as also in some Towns of Marshland , and the parts adjacent , within the Hundred of Wisebeche , which were then in decay ; and to take order for their repair .

The like Commission p p Pat. 9 E. 2. p. 2. m. 11. in dorso . had the said Geffrey , Robert , and Iohn , together with Nich. de Houtone , in 9 E. 2.

And in 17 E. 2. the King receiving farther information q q Pat. 17. E. 2. p. 1. m. 6. in dorso . concerning the obstruction of the water of Welstreme , at the Town of Welle before-mentioned , whereby Merchants and others were hindred from passing with their Ships , Boats , and other Vessels from the Town of Lenne , unto Yakesle , Holme , and other places lying in the Counties of Huntendon and Norfolk , in such sort as they had formerly used to do ( and as the Commission r r Pat. 17. E. 2. p. 1. m. 6. in dorso . in 8 E. 2. above-specified importeth ) constituted Iohn de Mutford , Walter de Friskeney , and Will . de Gosefeld , Commissioners to enquire thereof .

What they did herein , I have not seen ; but in 3 E. 3. ( which was not long after ) there was a Presentment s s Ex cod . MS. Memorandorum ●b . de Bu●g . Petri , penès Ra● . Wi●●fiel● Eq. aur. f. 73. a. exhibited to the Justices Itinerant , sitting at Northampton , by the Jurors for several Hundreds in that County , importing ; that whe●eas the course of the River Nene had antiently been , directly from Peterborough , Videsis eti●m Plac. coram Rege te●m . Tri● . 5. E. 3. Rot. 12. unto the Len●e , in Norfolk ; by which Corn , VVoo and other Commodities were carryed to that Haven ; and from thence , Victuall and other necessaries ; that about xxviii years then past , Walter de Langetone , Bishop of Coventre and Lichfield , and Treasurer to King Edward the first , ( Grandfather to the then King ) did , for the drayning of his Mannour of Coldham , situate in a Fenny Soil , by his power and greatnesse , cause a Dam to be made at Utwell in the said County of Norfolk , with earth and sand , so that no navigable Vessells could afterwards passe to and from Lenne , as they had wont to do ; to the great damage of the said King and his people , aswell of that County , as of Norfolk , Cambridge , Huntendon , and Lincoln shires : and that the same stop of those waters from descending to Lenne , did cause the Lands , Meadows , Pastures , and Marshes of Burrough fen and Thorney fen , with divers others adjoyning , to be overflowed and drowned ; to the damage of the men of that County CCCl. per annum , and upwards . And that Edmund Peverell , son and heir to Robert Peverell , Brother and heir of the said Bishop , then holding the said Mannour , did maintain and continue the before-specified Dam , but by what Authority they knew not : the Shireeve of Norfolke had command therefore to summon the said Edmund to answer thereto .

Who appearing , in person , and being required to say what he could for the keeping up of the said Dam ; alleged , that the before-specified Bishop , dying seized of the said Mannour , Robert Peverell entred into it as his Brother and heir : and that after the said Roberts death , he the said Edmund entring as his son and heir , found that water so damm'd , as hath been observed ; without that , that the said Dam was so made , as aforesaid , by the same Bishop , or that he the said Edmund had continued and supported the same to the common damage &c. as had been presented : and thereupon did put himself upon the Country ; and so likewise did Richard Adelburgh , who prosecuted for the King . And therefore , because it seemed expedient to the Court , aswell for the King , as for his people , that there should be a verdict from the Country on that behalf , aswell by Jurors of those Counties , wherein the damage was assigned , as by Jurors of Norfolk , in which County the said Dam was alleged to be made ; command was given to the Shireeves of Cambridge , Duntendon , Lincoln and Northampton shires , likewise , that each of them should bring xij . honest and lawfull men , whereby the truth might be the better known , to appear before the King three weeks after Michaelmass .

At which time came Adam de Fyncham the King's Attorney : but the said Edmund , though solemnly called , appeared not ; whereupon a verdict was taken against him by default .

Nor did the Shireeves of any of the before-mentioned Counties make return of their said Precepts : therefore new writs were issued out unto them , to the same purpose as above-said , returnable upon the xvth of S. Hillarie then next following . At which time came the said Adam , and the Shireeves of Norfolk and Northampton ; who alleged , that the Writs were so long in coming to their hands , that they could be nothing therein : howbeit the Shireeve of Cambridge and Huntendonshire returned the names of Jurors ; but the Shireeve of Lincolnshire sent no answer .

Whereupon the King issued out a Precept to Geffrey le Scrope and his fellow Justices of the Pleas before himself to be holden , whereby he signified to them , that the Inhabitants of Marshland , in Norfolke , had complained ; and the men of Suffolk and Cambridgshire , who had Lands neer unto those parts , had exhibited a Petition to him the said King and his Council ; shewing , that whereas some parts of Marshland , together with a great proportion of those Counties , was lost and destroyed by the inundation of the Salt waters ; as also of the fresh , by reason that the said waters and Sewers had not their right course : And that King Edward the first , passing that way , and taking notice thereof ; did , by the advice of his Council , assign William Howard and some other to make enquiry touching the premisses ; who by Inquisitions taken before them , ☜ found that those parts could not be any other way preserved , than by stopping of a certain water called Welle dam : And whereas for that respect , they did ordain the before-specified obstruction thereof to be made : and that afterwards it was presented before him the said Geffrey & his fellow Justices itinerant , in the County of Northampton , by the procurement of some persons , for their own particular advantage ; that the same obstruction was made to their damage ; Whereupon they caused Edmund Peverell to be impleaded for it ; and proceeded so far therein , as that the said Edmund submitted to an Inquisition thereof : which Inquisition being to be taken before the said King ; the parties before-specified besought him ; that , whereas that obstruction had been made by the appointment of those Justices , he would please to supersede the taking thereof , untill the complainants could shew forth their right as they ought to do . The said King therefore being willing to do right in the premisses , required the Treasurer and Chamberlains of his Exchequer , that they should under the Exchequer Seal , send unto him the Inquisitions so taken before the said Will . Howard and his associates , as aforesaid ; together with the whole process thereupon , upon the xvth of the holy Trinity then next ensuing ; all which were at that time in the Treasury of the said Exchequer , under their Custody . And commanded the Shireeves of Norfolk , Suffolk and Cambridgshire , to make Proclamation within their liberties ; that every person concerned in the premisses , should then and there appear , to answer what might be proposed to them , if they thought fit ; and to folicite for further Justice therein : And lastly forbad the said Geffrey and his fellow Justices to receive the said Inquisition .

By virtue of which Precept , the Jurors for the Counties of Cambridge and Huntendon were respited untill from the xvth of the holy Trinity following ; because none of them appeared : and therefore the Shireeve was to attach them . And because the Shireeves of Norfolk and Northampton returned , that their Writs came so late unto them , that they could do nothing therein ; and the Shireeve of Lincolnshire made no return at all , therefore other Writs were sent unto them , requiring each of them to bring xxiiij . honest and lawfull men &c. at that time prefixed : and in the interim the said King dispatcht his Writ of Certiorare to the Treasurer and Chamberlains of his Exchequer ; commanding them , that they should forthwith send unto him under the Exchequer Seal , the said Inquisitions , so taken before the before-specified Will . Howard and his associats , as aforesaid . Which Writ of Certiorare beareth date the xviiith day of February in 5 E. 3.

But the said Treasurer and Chamberlains of the Exchequer , made return ; that , having sought amongst their Rolls , they could not find any such Inquisition , Ordinance , or Decree touching the obstruction of that water .

Whereupon the King signified as much to the said Geffrey le Scrope and his associats ; and not long after issued out a writ to the Shireeve of Norfolk ; whereby , having advertised him of all proceedings in that business , he commanded him to make publick Proclamation , within his Liberties , where he should think fit , that all such persons who were concern'd therein should attend the said King , at a day and place assigned , to make their proposals touching that business , if they thought i● meet ; as also to solicite for further Justice there . And to make return of his doings therein a Month after Easter ensuing . Which Writ beareth date upon the 18th of February in the year before-mentioned .

By virtue whereof the said Shireeve of Norfolk ( viz. Thomas de Hindringham ) thus answered ; that he made return of the same Writ to Iohn Bosse of Kenynghale , Bayliff of the Bishop of Elye's liberty : who said , that he did make Proclamation accordingly , and found no man gain-saying or finding fault with that Dam ; but that the said passage was as commodious as it had wont to be . And that he did give notice to all the Noble-men of those parts , that they should appear at the same day , specified in the writ , before the said King , to render their reasons , if they thought good . And the said Shireeve did also give advertisement thereof to Will . de Whetacre Steward of the Liberties for the Town of Lenne , who had return and Execution of writs . Which William answered , that he did cause Proclamation to be made thereof in the full Market of that Town , upon Tuesday in Easter week , in the same year ; with advertisement , that all those whom the said obstruction might concern ; should attend the said King , likewise , at the time before expressed , to manifest their reasons in that business .

The like Writs did the said King send to the Shireeves of Suffolk and Cambridgshire . Which Shireeve of Cambridgshire ( scil. Will . le Moigne ) made return ; that he did cause the like Proclamation to be made as abovesaid ; viz. that all those whom the said obstruction did concern , should attend the said King upon the xvth of the holy Trinity , to set forth their right &c. And because , that the King received information before the said xvth of the holy Trinity , that the before-specified Edmund Peverell dyed ; and that Elizabeth his Wife did jointly hold the said Mannour with him the said Edmund ; he issued out another Writ to the said Shireeve of Cambridgshire ; whereby ( after recitall of the whole business ) he required him to summon the said Elizabeth , to appear upon the said xvth of the holy Trinity , when Inquisition was to be taken thereof , to propose what she could touching her right then in question . Which Writ beareth date the xijth of May , in the year abovesaid .

And upon the same xv . of the holy Trinity , the said Shireeve making return of his Writ , there came Adam de Fincham , the King's Attorney , and likewise the Jurors for the said Counties of Norfolk , Cambridge , Huntendon , Lincoln , and Northampton : But neither did the said Elizabeth , nor any of the Marshland Land men , nor of the Counties of Norfolk , Suffolk , and Cambridge , having Lands thereabouts , make any appearance at all .

Whereupon the said King sent another Writ to the before specified Geffrey le Scrope & his associats , requiring them without farther delay , to proceed to the taking of the said Inquisition , upon the same xv . of the holy Trinity . Which VVrit bears date the xii of May , in the year abovesaid .

At which time the Jurors for the County of Norfolke , impanelled and sworn , did say upon their Oaths ; that Walter de Langton ● sometime Bishop of Coventre and Lichfield , did , for the Drayning of his Mannour of Coldham , about one and thirty years then past , cause a stop to be made at Outwell , of the before-mentioned water ; by reason whereof , those men who had occasion to go with Ships and other Vessels , laden with Goods and Merchandize , from Holme , Yaxley , and other parts thereabouts , unto the Port of Bishops Lenne in Norfolk ; as also such as had a mind to return directly from thence to Peterborough and the parts aforesaid , could not passe with their Ships and Vessels , as antiently before that stop was so made they had used to do ; but were forced to go a long way about ; viz. by Old Wellen hee , and Lyttle port ( which in going to and fro is fifty miles and more ) whereby Corn , Timber , Wool , Reed , Turf , Stone , and other Commodities were the dearer ; and so likewise were Fish , Herings , and other Victuals , by reason of that circuit , to the damage of the Inhabitants of Norfolke CCl. every year .

And being asked in whose soyl the said stop was so made at first , they answered in the Kings soyl ; and said , that the Common Road & passage for ships and Boats had wont to be there , before the said stop was so made ; and the water likewise cōmon for fishing to all the Neighbourhood . And they also said , that the borderers on each part thereof were either Tenants to the Abbot of Ramsey , the Earl Warren , or of Iohn de Bardolf , and other Lords . And being farther asked , whether the said Edmund or Elizabeth did in their times do any thing for the maintenance and keeping up of that Dam ; they said , that after the before-specified Bishop had first made it , it did not need any repair or amendment ; and that the said Robert Peverell , Edmund , or Elizabeth , did not in their times meddle at all therewith .

And the Jurors for the County of Lincolne impanelled and sworn , said upon their Oaths ; that the Chanel called South Edyke , beginning at Crouland , and extending it self to Tyd , in that County , through which the fresh waters descending from the Fens and Up-Countries , used to pass unto the Sea , by raising the crest thereof no more than two foot ; was then scarce sufficient to carry away those waters , by reason of the before-mentioned obstruction , though the Bank was in height no less than xv . foot on each side : And that before this obstruction was so made , whensoever there was any occasion for the repair of the said Bank , or raising it higher , the agistment of every Acre of Land in those parts , at an half-peny , was sufficient for the same ; but that then , through the overflowing of those waters , every Acre was agisted at iiiid. and that by reason of the said obstruction , no less than xl . thousand Acres of Moor and Marish ground in Holand fen , were overflowed and drowned .

And they farther said , that the Abby of Crouland was founded by the Progenitors of the King 's of England ; and that two thousand Acres of Land , Meadow , Moor and Fen , belonging thereto , were by means of this obstruction overflowed and drowned ; so that the possessions of that Monastery would not suffice to maintain the House , except the number of Monks were lessened : and that , by means thereof , the King , in the times of Vacancie of the said Abby , did lose the benefit which might accrue to him thereby . And they said moreover , that by reason of this obstruction , the Lands , Meadows , Moores , Marshes , and Pastures , of Deping fen , Burgh fen , and Spalding fen , which contained seaven thousand Acres ; as also the Moor and Marshes to the Moores of Kestevene , were so overflowed and drowned , that the Lords and Commoners of all the Towns , adjacent on every part , had , by reason of that obstruction , lost the profits belonging to them .

And they farther said , that the Common passage for Ships and Boats from Crouland to the Haven of Lenne , with Corn and other Commodities , had wont to be by the said Town of Outwell , where the before-specified obstruction was ; and that then they were constrained , by reason of that stop , to go about , by Old Wellenhee and Litle port , which is fifty miles farther than the other way ; to the damage of the King and his liege people of those parts , a thousand Marks yearly .

And the Jurors for Cambridgshire impanelled and sworn , did say upon their Oaths , that the River of Ouse , descending from Huntendon , being the bounds betwixt Cambridge and Huntendon shires ; and the River of Nene , ☞ descending from Peterborough , and other parts above , did meet at Benwick in Cambridgshire ; and had used to run directly from thence , to the said Port of Lenne , by the before-specified Town of Outwell , untill xxxi . years then last past , that the said Bishop made that stop as aforesaid ; by reason whereof , the Lands , Meadows , Fens , Turbaries , and a great proportion of arable , belonging to all the Towns , betwixt Fen Drayton , and Benwick before-mentioned , unto the said Town of Utwell , in Cambridgshire , and which were adjacent thereto ; and for the length and bredth of about xxx . miles , were commonly overflowed and drowned every year ; so that neither the owners of the said Lands &c. nor the Commoners , had any yearly profit by them ; to the damage of the said King and the Inhabitants of those parts , and such as would pass that way , CCl. and upwards every year .

And they said moreover , that for the reasons abovesaid , there was not that passage for Vessells with Corn and Merchandize towards the before-mentioned Port , as had used to be , neither in going nor returning , except by Old Wellen hee and Lytle port , which is xxxvi . miles about .

And the said Jurors being asked how much the said Mannour of Coldham was then more worth annually , than it had been before that stop was so made ; they answered xll. by the year .

And the Jurors for Huntendonshire , empanelled and sworn , for the same purpose , said upon their Oaths ; that whereas men would pass from the Towns of Iakele , Holme , Glatton , and Ramsey , by the River of Nene , directly towards the Haven of Lenne aforesaid , with navigable Vessels laden with Corn and other vendible commodities , by the said Town of Outwell ; they were then hindred by the said Dam , that they were constrained to go about more than fifty miles .

And they farther said , that all the Meadows , Lands , Pastures , Fens , and Turbaries , from the Town of S. Neots in Huntendonshire , lying adjacent or neer to the River Ouse , in length xxx . miles , and in bredth x. miles , more or less , unto the Town of Benwike , where the Rivers of Ouse and Nene have their confluence : and likewise the Lands , Meadows , Pastures , and Fens of all the Towns , betwixt Aylington in that County , unto a place called Mus●cote in the Fen , which is xvi . miles , in floud times were overflowed and drowned , by reason that they could not pass away as they had used to do ; so that the Lords of those Fens and their Tenants , as also the Commoners in them , did totally lose the benefit which belonged to them thereby ; to the damage of the said King and Inhabitants of those parts , six hundred Marks by the year .

And they said moreover , that the said King was Lord of the Mannour of Glatton , whereunto the Hamlet of Holme belonged ; to which Market , men from the parts of Lenne and elswhere in Norfolk and Suffolk could not pass with their Victuals and Merchandize by Ships and Boats , nor return , by reason of the said obstruction ; insomuch as that Mannour of the Kings , whereunto the said Market belonged , was less worth by ten pounds per annum , than formerly .

And the Jurors for the County of Northampton , empanelled likewise and sworn , said upon their Oaths , that the River of Neene had wont to pass directly from Peterborough to the Port of Bishop's Lenne , whereby the men of that County usually carried Merchandize , Corn , and all manner of Victual with Ships and Boats , by Outwell in Norfolke , untill within xxxi . years then past , that the said Walter Langtone , late Bishop of Cov. and Lich. obstructed the course of the before-specified water ; insomuch as all persons , who had a desire to go from Peterborough unto that Haven , were constrained to go by Old Wellenhee and Litil port , which in going and coming is a farther Journey by fifty miles .

And they also said , that , by reason thereof , the Marshes of Burgh fen , North fen , Talnholt fen , as also the Lands , Meadows and Pastures adjacent to those Fens , were overflowed and drowned , when any floud of waters hapned , in regard that the said waters could not pass as they formerly had done ; so that the Lords of those Fens , with their Tenants , as also the Commoners in them , did lose the profit unto them belonging ; to the damage of the said King and the Inhabitants of those parts , fifty Marks per annum .

Upon all which Verdicts , the said Adam de Fincham , then the King's Attorney , was appointed to wait for judgment therein . And on the morrow after the Feast of S. Iohn Bapt. next after the said xv . of the holy Trinity , the King sent his special Precept to the said Geffrey and his fellow Justices ; whereby , reciting what had passed , he commanded them to proceed to judgment therein , according to the Verdicts aforesaid : which Precept beareth date the third day of Iuly , in the year above-mentioned . Whereupon they gave this following Sentence ; viz. that whereas by the Jurors for the County of Norfolk , it was found , that the before-specified Dam was made at Outwell , by the sad Walter de Langeton ; and that Robert Peverell , his Brother and Heir ; as also Edmund , Son and Heir to the said Robert , did at some times repair the same : and that this obstruction was to the damage of the King , and the said Inhabitants of Norfolk CCl. per annum .

And whereas it was likewise found by the Jurors for the Counties of Cambridge , Huntendon , Lincolne , and Northampton , that the lands of Thorney fen , Ramsey fen , and other , were so drowned aforesaid ; they decreed that the said Dam , so raised to the hurt of the said King , and nusance of all the persons before-mentioned● and whatsoever else was of nusance in this behalf , should be taken away : Whereupon the Shireeve of Norfolk had command to pull it down . And in like sort , the Shireeves for the Counties of Cambridge , Huntendon , Lincolne , and Northampton , were required to make the like Proclamation within their respective Liberties ; viz. that all persons concerned therein , should be at Outwell aforesaid , to aid the said Shir●eve of Norfolk , in pulling down of the said Dam.

After this , about five years , ( scil. in 10 E. 3. ) Iohn de Shardlowe , Simon de Drayton , Iohn de Colvill and Iohn Claver were appointed t t Pat. 10. E. 3. p. 1. m. 40. in dorso . to enquire touching the decay in the Sea-banks and Sewers in these parts about Wisebeche , Tyd S. Giles , Elme , Leveryngton , and Neuton , with the parts adjacent ; and to take speedy order for their repair .

And in 12 E. 3. the King being informed , that the Banks , Ditches , and Sewers about Wysebeche , Elme , and Welle , were broken and out of repair , issued a Commission u u Ex vet. cod . MS ad Abb. de S. Elm●nd● quond●m spect n●e , ●uper verò penès Io● . Willug●iry Eq. aur. f. 417. unto Mr. Iohn de Hildesley Chancellour of his Exchequer● Richard de Bayeux , Iohn de Wilton , Iohn de Stoken , and Will . Neuport , to enquire thereof ; and through whose default they became so ruinous ; and who were Land-holders thereabouts , or had safeguard by the said Banks ; and to distrain them for their repair , according to the proportion of their Lands .

By virtue of which Commission the persons above-mentioned did intend to stop the River of Nene , running to a certain Fishing , called Livermere , lying in the Town of Welle , and belonging to the Abbot of S. Edmundsbury ; but were hindred from so doing .

After this , the next year following , the said King , receiving advertisement , from the Inhabitants of the before-specified Towns of Elme , w w Ib. ● . 418. & 419. Welle , and Wisebeche , on the South side of Wisebeche ; that though it had been found by an Inquisition , taken before the above mentioned Commissioners , that the ordinary and chief safeguard for the said Towns of Elme , Welle , and Wisebeche , on the South part of the River of Wisebeche , would be by a Causey to be made at Gongested lake , unto the Crike ; and thence unto Marche dyke ; and that the Crike should be wholly stopt up ; and that the said Towns could not be preserved , unlesse that were done : and moreover that though the said Inhabitants had often requested those Commissioners ; that , forasmuch as the said Causey , and stop , being made , would much redound to the common benefit of the same Towns , they would cause them to be done ; and that at that time nothing was , neverthelesse , performed therein : he required them , that in case it were so , they would forthwith call such persons before them , as they should think fit to make use of therein , and to proceed in effecting the same , according to the tenor of his Commission .

Whereupon a Jury being summoned to attend them upon the Saturday next after Mochaelmass day , and there sworn , did say upon their Oaths ; that the common and principal safeguard , for the whole Town of Elme , Welle , and Wisebeche , on the South side of Wisebeche , would be by making of a Causey from Gongested lake to the Crike ; and from the Crike to Marche diche ; and that the said Crike should be utterly stopt up : as also , that the said● Causey ought to be xvi foot in bredth , and four foot in height ; and all these things to be done at the charge of the Land-holders of Elme , Welle , and Wisebeche , on the South side as aforesaid , from Mermaunde unto the house of Iohn de Vernon : and they ordained , that for the performance thereof , every acre of Land in Elme , Welle , and Wisebeche , within the Precincts before-specified , should be agisted at iid. and more if need required .

But afterwards , at a Session of Sewers held at Wisebeche by the same Justices , came the free-holders of Tyd , Neuton , Leverington , and Wisebeche , on the North part of the River of Wise ; and alleged , that the obstruction of that Crike ought not to be permitted ; because if it should be made , the water running through that Chanel , called the Crike , would so rise , increase and stand upon the Fen-bank of Wisebeche , and Leverington , as that the Tenants of those Towns , viz. Wisebeche and Leverington , could not be able to maintain them ; but their said Banks would be broken , and their Lands totally drowned and lost ; whereby more damage by half would happen to those Towns , than benefit to the Towns of Elme , Welle , and Wisebeche , on the South side .

VVhereunto the said Tenants of Elme and Welle answered , that the water of Crike , had then so swift a course by Welle , unto the River of Wigenhale , that though the said Crike were stop't , as was contained in the before-specified Ordinance , the water running by the same Crike would never turn towards Wisebeche , nor do any hurt . And they farther said , that the Crike , where the water then ran , was the proper and several soil of the Bishop of Ely , which Bishop might lawfully , at his pleasure stop the same . Whereupon came the Abbot of S. Edmundsberry by his Attorney , and claimed a certain fishing in the said water of Crike , of the gift of Canutus sometime King of England ; and brought a Precept from the King , directed to the said Commissioners , reciting a confirmation made to the said Abby by the before-specified King Canutus and other his Progenitors ( inter alia ) of certain Lands and fishing , which Ulfkytell had in Welle : And that though the said fishing was then ( viz. when this Inquis . was taken ) called Livermere , and in the Town of Welle , which was before called Wylla , and in the County of Cambridge : and that a certain water called Nene , had time out of mind ran to the said Lake , and did then so do ; and that the said Abbot and his Predecessors , had ever had the said Lake or fishing , with the course of that River of Nene running thereinto , and peaceably enjoyed the same ; the said Commissioners , by Virtue of the King's Letters Parents , for the view and repair of the Banks , Ditches , and Sewers in that County ; and by colour of an Inquisition taken before them , without any notice given to the before-specified Abbot , intended the obstruction of the said water-course , wherein , in case they should proceed , the said Abbot would totally lose the benefit of his said fishing , to the damage of the King himself ; because that the profit thereof , with the benefit of the other Lands belonging to that Abby , being of the said Kings Patronage , ought to belong unto the Crown in the time of every Vacancy : he therefore required them , that they should not make any attempt therein to his prejudice , without consulting with him .

Whereupon the Wednesday next before the Feast of the blessed Virgin being assigned , the said Commissioners sate again ; at which time the said Inhabitants of Elme , Welle , and Wisebeche , brought the Kings Writ , by virtue whereof , the Bayliffs of Tyd , Neuton , Leverington , Wisebeche , Elme , and Welle were required to summon xij . of the most substantial men in every of the said Towns , to appear at the Castle of Wisebeche before the said Justices upon Wednesday next after the Feast of S. Luke the Evangelist , there to perform what should be enjoined them , on the said King's behalf touching the obstruction of that Crike . And the said King did likewise issue out another Precept x x Ib. f. 420. unto the before-specified Justices , that after their said Session , they should upon the Octaves of S. Hillary , under their Seals , transmit the Record of their proceeding therein unto him ; to the end , that upon perusal thereof , he might consider what farther to do therein , according to the Law and Custome of this Realm .

The next ensuing year ( sc. 14 E. 3. ) Iohn de Hedersete , Iohn de la Rokele , and Hugh de Walton were assigned y y Pat. 14. E 3. p. 1. m. 1● in dorso . to view the Banks and Sewers on both sides the water of Well Ee , within the Town of Waterwell , on the borders of Norfolk and Cambridgshire ; and to take order for their repair .

And the same year , at a Session of Sewers , held at Wisebeche , upon Monday next after the Feast of S. Iohn Baptist , for safeguard of the Towns of Elme and Welle , it was ordained , z z Ex praef. Co● . MS. penès O. S. Iohn Arm. f. 43. a. that there was a necessity of mending and raising the Bank , called the New diche , lying betwixt the Rivers of Elme and Welle , full two foot more than it was at that time in the highest place : and so , beginning by the Level of Fryday brigge , to Charite Crouch ; thence to Gongsted lake , according to the same Level , height and thickness ; thence to the Cowestowe ; thence to the Garden of the Prior of Meremaund ; and thence to Lakebrigge ; every man to make his frontier of the same height , thickness , and Level . And they also decreed , that from Gonsted lake unto Charite Crouch , no man should come neer the said Bank , called the New diche , for to mow or dig , for the bredth of ten perches towards Coremere , and Hendmere , except for the mending of the said Bank ; and that to be done by common assent .

And they likewise ordained , that a Clow of five foot in bredth , and in depth two foot , should be made at the Lakebrigge , to carry away the waters betwixt the Newdiche and Bishops diche , at the charges of those who had Lands and Commons within those places . And that one Clow should also be made at Frydaybridge , and another at the Stone-Crosse in Outwell , for avoiding the waters of Needham , each of them of the same bredth and depth as abovesaid ; and to be done at the costs of all those who had lands within the Bishopsdiche , and Needham diche ; and within the River of Elme , and the Greendiche and Thorndiche .

And they moreover ordained , that the old Sewer of Deleford , unto the Stone-Crosse , should be clensed and digged as it ought to be , at the charges of Needham ; and that every Ditch drawing water to the said Sewer , should be opened at all times of the year , wherein water could run . And that Piisdrove should be raised in each low place ; and that from the same little Drove one Crest should be made into the large Drove , unto the Grenediche , having a Causey for Common Drift of Cattel at all times of the year , and this to be done at the charge of Upwell and Outwell ; and that all Slades and low places in the same Drove and ways , be amended at the charge of the Towns , each for themselves .

And they likewise ordained , for Drayning of the Lands at Bodebeche , that there should be three Pipes placed ; the first of one foot square every way ; and this to be fixed in the Bank , sometime belonging to Gilbert atte Delf , neer the Milne hill ; the second in the Bank of Christian de Beaupre , opposite to the School , being two foot in bredth , and one foot in depth ; and the third in the antient Sewer , to be a foot square on every side : All which Pipes to be made at the charge of the Landholders in Bodebeche .

And they also ordained , that the frontier of the Abbot of Dereham , in Bodebeche should be stopt ; and that for the future no mau should dig Turfs , nor Slakkes in the common Droves of Elme and Welle , for dieving of flax or hemp in the common Ditch and Sewer , to the nusance of the Commonalty ; except by the oversight and appointment of the Guardians , which were to be deputed for the present . And that the Bank called the New diche , extending from Charite Crouch to the Prior of Meremound's Garden , should be anew repaired equally , and afterwards agisted . And also , that the breaches in Bishopesdiche and Needham diche should be repaired : and moreover , that all the Frontiers of the Uausedrove unto Frydaybrigge , and thence to Eustace le Vernoun's Drove , should be stopped up .

And they also ordained , that one stop should be made in Oldfield , neer to the Se diche , in the Ditch of Raphe atte Field ; and to be in thicknesse eight foot , at the charges of the said Raphe . And that the Floud-gates of Elme , as also the old Bridge , together with the great Bridge neer to the Church of Elme , should be newly repaired and amended at the charges of the whole Town . And that for the repair of the said New diche , every Acre of land , from thence to Needham diche , should pay a penny : and every Acre from Needhamdiche unto ....... and Uernons field , and the Infield and Brodbechefield an half peny ; and either more or lesse as need should be .

About this time ( I suppose it to be , though it have no date , that ) there was a Survey a a Ib. f. 14.2 . made of the Marshes about Wisebeche , as followeth ; whereby it was found , that the Marsh called the Hey fen , belonging to the said Mannour of Wisebeche , and to the Towns of Leverington , Neuton , Tyd , Elme , and Welle , within the liberty of Ely , did begin at the Shofe , an continued from thence to the Horshooe , by the old River ; thence to the Ditch of Robert de Marshe ; thence to Wride , by the Bank belonging to the Abbot of Thorney , unto the two furlongs beyond the Knor : thence to Orchard fled ; thence to Stod path ; thence to Wipe , by Dede hee , unto Mimers ; thence to West fen cote , by the said River ; thence to Wisemouth ; and thence by Swerdesdelf to Great Crosse ; and from Great Crosse by Hiden hee , to Quedale ; and so to Mercheford by the Crike and the Heyron● , unto Eching hee ; and so all along beyond Heyront to Thermercote ; and from Tharmares to Stanimeres ; and thence all along , farther , unto Pealyswere ; and so by Hold Wellen hee to Milnested , and thence to Shrewid hist , where the said Towns ought to Common together with their Cattel , Horn under Horn : Saving always to the Bishop , his Royalty and Fishing within the said bounds .

In 21 E. 3. Sir Iohn de Colvile Knight , Iohn de L'isle , Iohn de Dayvile , Hugh de Walton , Adam de Walsokne , and Will . de Neuport were constituted b b Pat. 21 E. 3. p. 1. m. 36. in dorso . Commissioners for the view and repair of the Banks , Ditches and Sewers in the Towns of Dodington and Elme . The like Commission c c Pat. 24 E. 3. p. 2. m. 27. in dorso . in 24 E. 3. had the said Sir Iohn de Colvile , Iohn de L'isle , Iohn de Pelham , Hugh de VValton , Adam de VValsokne , and VVill. de Neuport . So also in 26 E. 3. had d d Pat 26 E. 3. p. 1. m. 24. in dorso Iohn de Colevill , Iohn de Pelham , VVill . Muchet , Iames de Grauncecete , and Hugh de Walton .

In e e Pat. 32 E. 3. p. 1. m. 30. in dorso . 32 E. 3. Sir Robert del Ilde Kt. Sir Iohn de Colvill , Sir Iohn de Wilton , and Sir Iohn de Vernoun Kts . Thomas de Ba , Hugh de Walton , Thumas de Welsh , and Nich. de Massingham , for those Banks upon the Sea coast , within the Hundred of Wysebeche and Town of Marcheford , in this County . And in f f Pat. 37 E 3 p. 1. m. 46. in dorso . 37 E. 3. Laurence de Flete , Iohn de Wilton , Hugh Lovet , Iohn Hoode , Will . Hyptofyt , and Nich. de Massyngham , for all those in the Towns of Wisebeche and Leverington , with the Hamlets of Neuton , Elme , Welle , & Marchford .

By virtue of which Commission , the said Laurence and his associates sate at ........ on Thursday g g Ex praef. cod . MS. pen●s O. S. Iohn , f. 47. a. next after the Feast of the Annunciation of our Lady ; and upon Inquisition made touching the premisses , they ordained h h Ex praef. cod . MS. pen●s O. S. Iohn , f. 47. a. ; that the Pipe lying under the River of Elme ; at the house of Iohn Massingham , should be repaired ; and that a Clow should be made , to the end , that no water might passe from that Pipe unto Ieccons gote , but in a measure , and under the Chanel ; upon penalty of stopping the said Pipe in Elme , at that house .

And they also ordained , that a Causey should be made in the Smal drove , in bredth eight foot , and in height three , at the charge of all the Landholders in the Newland , on the South part of the River of Wisebeche : and likewise that another Causey of the like bredth and height , should be made from the Smal drove unto the Land of Gilbert Hillary , where need required , at the charge of the Landholders in Beckdale field .

And that all the Inhabitants of Elme should , at their charges scour & repair the Pipe lying under the Sewer of Elme , at Hill●●● dich , to the land of Will . Porter .

And they likewise ordained ; that a Clow should be made in Elme , at the end of Hillary dich , in bredth two foot , and in depth as much , at the charge of the Landholders drayning by that Clow : And that when the River is low , that no water do run through the said Clow , but in the Chanel ; so that all the Lands of Wisebeche , lying there , have no damage by the said water . And if any one of Elme , or any other person whatsoever shall transgress this present Ordinance , that then it may be lawfull for any Inhabitant of Wisebeche to stop the water , so running through that Clow.

And they farther ordained , that the said Bank called Hillaries diche , should be amended and raised higher by three foot , and made eight foot in bredth from the said Clow to the River of UUysebeche , at the charge of all those that had benefit by the same Clow. And that all the Heddings of the Middle dole be stopt with Clotes : As also that a sufficient Bridge be made in Hillary diche , betwixt the Lands of Henry Fayer and Will . Loke . And that all the Crests and Clotes be sufficiently made , betwixt the said Lands , from Hillaryes dich to Brig diche .

And they moreover ordained , that a Causey should be made , from the old River of Elme to the River of UUisebeche , in the Bridg drove ● in height three foo● , and in bredth eight , at the charge of the Inhabitants of Elme . and Brig field . And that a sufficient Bridge be made in the Bridg drove , at the end of Iohn Mudfish his lands , at the charge of the Inhabitants of Elme . And likewise a Causey , from the said Bridge , unto the Pipe , lying over the River at Mesdrove ; which Causey to be three foot in height , and eight foot in bredth ; and to be done at the charge of the Land-holders of Elme drayning thereby . And that the Inhabitants of Elme should at their own charges clense and repair a certain Pipe in UUsibeche , lying over Meesdrove , under the Sewer of Elme , running by Boulstre brigg .

And they likewise ordained , that a Clow should be made at Boulsterbrigg , in height two foot , and in depth as much , at the charge of all the Landholders there ; but not suffered to run , otherwise than when that Clow , which was to be made at the end of Hillary diche , did run ; upon penalty of stopping up the Sewer of Elme at Boulsterbrigg . And that a Causey , lying in Reynold's drove , be made , from Flemyng's drove to the River , three foot in height , and eight foot in bredth , at the charge of all the Landholders in Longland . And that the drayn of the Vicaridge Lands in Wisebeche , called the Werch , or the Weares , should be raised three foot in height , and eight foot in bredth , at the croft of Iohn Simonde , at the charge of all the Landholders in Elme , that drayned thereby .

And they moreover ordained , that Meesdrove , Bolney hirst drayne , and Cromediche should be raised and amended in all places needfull , by a Causey of three foot in height and eight foot in bredth , at the charge of the Sewer at Elme and the Lands of Bolnehirst : And that all the Pipes , Bridges , Causeys , Croftes , Clotes , and Clowes , which ought to be made by the men of Elme , be repaired and amended , and sufficiently made before the Feast of S. Peter ad vincula , upon penalty of stopping all the Sewers of Elme , lying in Wisebeche . And that two Pipes be put in East field and 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 whensoe●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 i i Pat. 41. E. 3. p. 1. m. 19. in dorso . 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 k k Pat. 42. E. 3. p. 1. m. 15. in dorso . 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 , * * Pat. 47. ● . 3. p. 1. m. 8. in dorso . sate at Elme , before whom it was presented l l Ex praef. Cod. MS. 〈◊〉 O. S. 〈◊〉 f. 38. a. 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 raise● 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 , Wisebech● , 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 ther●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 that Ordinance , to take distresses , for the charges in making and repair of the Banks aforsaid , as often as need should require , aswell on the part of Wisebeche and Welle , as on the part of Elme , by turns ; and severally , without the contradiction of any one .

And they ordained , that Draymere diche should be repaired and raised higher where need required , so that the Commoners might have chase and rechase , with their Cattel , unto their Commons : and that every man , having Lands or Tenements adjoyning , or abutting upon the said Bank , called Draymeresdiche , should dig and clense the Frontier of his Land , eight foot in bredth ; and cast the earth so digg'd out upon the same Bank . And they likewise ordained , that the Bank called the Blackdiche should be amended and repaired , at the charge of all the Landholders , antiently agisted thereto : and that the Sewers of UUaltersey , Coldham , and Redmorefield , with their appurtenanc●s , should be clensed ; and the Crests of them raised higher ; and maintained where need required , unto the Pipes lying under the River of UUisebeche . And , that all the Hades of the Lands abutting on those Sewers , and upon all other Sewers , within that Precinct , should be stopped xij foot in bredth , so that the water of Lech , running through those Sewers , should not enter into the fields , to the damage of the Lands lying therein .

And they moreover ordained , that one Clow should be made at Hillaryes drove , between UUisebeche and Elme , at the cost of the Landholders antiently agisted thereto , who had wont to make and repair the same . And that one other Clow should be made upon the River of UUisebeche , neer to the messuage of Thomas Howes , Barkere ; so that the water coming out of the fields of Elme , by the passage called Uykorisgote , might Drain there , in default of a Gote called Dogarde : and that a Bank be made from that Clow , unto the house of William Maste , Bocher , on the South side of that Sewer ; and another Bank from the said Clow , unto the house of Thomas Howe , Barkere , on the other side of the said Sewer , for hindring the Sand brought up by the Tides , from choaking up of the said Sewer .

And they likewise ordained , that there should be a Causey made neer unto Maryes●arre , whereof the one end to begin at Maryesbarre , and so overthwart beyond the River of Elme , unto Loveday diche ; which Causey to be eight foot in height , xij foot in bredth at the top , and thirty two foot at the bottom ; and a Clow made there , at the charges of those who were to have benefit thereby , for the bringing in fresh water into the River of Elme , when need should be .

And they likewise ordained , that every person having Lands or Tenements , Common , Fishing , or Pasture , in the Towns of Elme , UUisebeche , and Welle , within the Precinct aforesaid , should have his portion upon the Fen-bank before-mentioned , to the quantity of his holding , according to an agistment thereof to be made anew . And likewise each man , having Lands or Tenements , within the Precinct aforesaid , to have his portion upon the Sea-bank , beginning at the house of Thomas Mounpesson , and extending it self to the Floudgates of Elme , and so to UUelle ; each man for the quantity of his tenure , according to a new agistment to be thereof made . And they said moreover , that the Bank before ordained , was then broken for want of repair , and that divers Lands and Tenements , within the said Precinct , were drowned by the Fresh waters , to the great damage of all the Landholders there . And they also said , that the same Bank ought to be repaired , aswell in height as in thicknesse , so that it might contain in thicknesse xxxii foot at the bottom , and at the top xii . at the least ; and in height from the Level ground seven foot : And that the men of UUisebeche , Elme , and UUelle were obliged to the repair and making of the said Bank , each man according to the proportion of his holding ; and that the said Bank could not be preserved nor kept , except those men , who had Lands and Tenements within the said Precinct were new agisted upon the Bank before ordained .

And they also presented and ordained , that one Bank should be made new , and begin at Uernounes Corner , upon Bishopsedike ; and so to extend , directly , to the Bank of UUelle , upon the soyl , lately belonging to Hamon de Vernoun in part ; and in part upon the common soyl ; and to be of the height and thicknesse abovesaid ; as also to be done at the charge of all the Landholders , for their lands lying betwixt the River of Elme , and the River of Welle . And being asked of the number of Acres , aswell on the South part of the River of UUisebeche , unto the River of Elme , as on the South part of the same River of Elme unto the River of Welle ; they answered , that there were on the South side of the River of Wisebeche unto the River of Elme , five thousand and two hundred Acres ; and on the South side of the River of Elme , to the River of Welle , two thousand and ninety Acres .

Whereupon command was given to the Steward of the said liberty , that he should summon all the Land-holders , aswell of Elme and Welle , and of the Town of Wisebeche , on the South side of that River ; as all others who had Lands or Tenements , or any Pasturage , or Fishing , in Fee , or for term of years , to appear before the said Justices , at Ely , upon Thursday next after the Feast of the Epiphany , then and there to shew what they had to say for themselves , why all the before-specified Ordinances , in each point , ought not to be inviolably kept for the future .

At which day came Iohn Payne , who then prosecuted for the King , and the Steward of Ely ; and required , that Thomas Bishop of Ely , who had within the said precinct ( viz. in the Town of Wisebeche , Elme , and Welle ) divers Lands and Tenements ; and that Iohn Simson of Wisebeche , Thomas Mounpesson , and others , who had also Lands and Tenements within the said Precinct , in the Towns aforesaid , should be attached to be at Ely , before the said Justices at that time , to shew as aforesaid . And thereupon the said Bishop of Ely , Will . Streete Lord of the Mannour of Coldham , Sir Iohn Colvill Knight , the Prior of Ely , the Abbot of Crouland , the Abbot of Wendling , Iohn Vernoun , Will . Newhouse , Nich. Makesake , Sir Nich. Golofre , Knight , and Iohn de Crofte of Welle , who had Lands and Tenements within the said precinct , within those Towns , were summoned to appear at that said day , to shew cause as abovesaid . All which persons came accordingly ; and it being demanded of them , and every of them , wherefore the before-specified Ordinances , aswell relating to the Town of Wisebeche , as those of Elme and Welle , ought not in every point to be observed , according to the tenor and effect of them ; they severally answered , that as to the repair of the Bank , which beginneth over against the Gate of Wisebeche Castle , and goeth to Goneldiche ; thence to Bansted hirne ; thence to Tylneyhirne ; thence to Coldham hithe , 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 m●●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 Griggesh●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 m m Pat. 48. E. 3. p. 1. m. 30. in dorso . 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 * * Ex praef. col . MS. penès O. S. Iohn . f. 41. b. 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 , upo● 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 the same according to that rate .

And they also presented , that there was a Bank made antiently by the Inhabitants of Wisebeche , beginning at Sareshirne , and extending it self to Turnelake mouth ; thence to the Pipes of Walterse , and so to Elme Fendich , by Grasner ; which Bank was at that time broken for want of repair . And they ordained ; that for the more and better safeguard of all the lands in Elme , lying on the South side of the said Bank , that it should begin at Goneldiche ; & so crossing the Sewer of Walterse , unto Sareshirne , and Blackdiche , and there a Pipe to be made under the same Bank ; and so to extend directly to Turnelake mouth , and thence to the Pipes of Walterse , as antiently it had wont to do ; and so to the Fen ditch of Elme , straight by the Mannour of Walterse : Which Bank to be in part repaired , and in part made new , so that it might be xxiiii foot in bredth at the ground , and 4 foot in height from the Level earth ; and to be repaired as often as need required , at the charge of all the Landholders betwixt the same Bank & the Bank call'd Drayner diche .

In 4 R. 2. there was a Session of Sewers held at Elme , l l Ib. f. 42. a. before Iohn Holt and others , then Commissioners , upon the Thursday next before the Feast of S. Gregory ; touching the safeguard of the said Towns of Elme and Welle : at which time , these ensuing Decrees and Ordinances were made ; viz. that the portion of the Bank called Bishop's dike , which extends it self from the corner of the Bank , called Uernoun's corner , directly beyond the several land , late Hamon Vernoun's● in the Fen , unto the corner of the Bank of Will . atte Lake and Iohn atte Delfe of Welle , should be new made in the Summer next following , as it had been decreed , formerly , by Iohn Cavendish and his fellow Justices . And that the Bank of Welle should be newly agisted , like that of Elme , as it was also ordained ; so that all the lands on the side of Welle were to be agisted upon the Bank of UUelle , called Bishopsdiche , according to their proportion , in the like sort as all the lands of Elme were agisted upon that Bank in Elme , called Bishosdich . And they ordained , that the men of Elme should make their moytie thereof , and the men of Welle their moytie , and maintain & repair the same , when need should require , for the future .

And they did likewise ordain , for the better safeguard of the said bank of Elme and Welle ; that every man having his portion thereupon , should plant VVillows opposite thereto , towards the Fen , for to break off the force of the waves in Floud times ; as also for keeping of werk ; and that , upon occasion , there should be Stakes in readiness , to be made of the said VVillows , for reparation thereof . And they ordained , that if the said VVillows so planted , should happen to be destroyed by Cattel , or otherwise , that they should be doubly replanted again by the owners of the said Cattel , or by those which should be guilty of the spoil , the very next season ensuing , upon lawfull request ; upon penalty of xld. to be paid to every man suffring hurt in that kind and that the Dike-Reeves of Elme , or Welle , should levy those penalties , upon request made by them who should be so injured , and collect the same being so forfeited .

And they also ordained ; that the Banks called Needham diche , & Redmore diche should be repaired and raised higher , so that each of them might be 18 foot in thicknesse , at the bottom ; and 7 foot in height ; and that the said Banks should be joyned together , by the making of a Dam , over the River of Elme , at Fryday bridg , of the same thicknesse and height . And that the North end of Redmore diche should be annexed to the Bank of Begedale field , likewise , by a Dam ; to be made in the most proper place over Coldham Sewer , Lilly field , and Walterse , with Bridges to the said Sewers . And that the Grenediche of Welle should be repaired and raised higher , in like kind , from Sewalesclote unto the Stone Crosse at Welle ; and a Clow of four foot in bredth , and three foot in height be made there , at the charges of all the Landholders in Nedeham field , aswell on the part of Welle as of Elme . And that every man should raise his frontier , towards the River of Welle , from the Stone Crosse towards Welleshole . And that the frontier ............ be raised higher by one foot ; and all other to the same height : as also , that soil should be taken in the River , for raising of the said Frontiers , so that the River of Nedeham might descend into the River of Welle , upon penalty of xx s. And that the said piece be levyed by the Dike-Reeves of Elme and Welle , and imployed towards the repair of the said Sewer and frontiers ; which Sewer beginneth at Fryday bridge , and extendeth unto the Stone Crosse of Welle aforesaid .

And lastly , that no one should permit their Swine to go upon the said Bank , except they were ringed , upon penalty of a peny for each Hog , as often as they should be found so unringed , to be levyed by the Dike-Reeves for the use of the whole Town ; & that the party trespassed upon , be likewise recompenced to the value of the damage .

In 15 R. 2. the Inhabitants of the said Town of Elme complained o o to the King , p p that whereas their Banks , Ditches , and Sewers , both on the Sea coast , and towards the fen , were , by reason of divers tempests and great flouds much broken , that their lands had been , for the most part surrounded ; and did continue in such sort overflowed , so that they could in no wise drayn them , in regard that they had not any Gutter or Sewer without the Precincts of them , as the Inhabitants of other Towns had ; forasmuch as the soyl where the Inhabitants and Tenants of the said Town used to have their antient Sewers , was so much heightned by the silt of the Sea , that those Sewers were uterly lost , and the water , by that means so obstructed as that it could not passe away as it had wont to do , which did so impoverish the said Townsmen , that many of them were constrained to seek new habitations , and the rest likely to do so , except some speedy remedy were applyed thereto : the said King therefore appointed Sir Thomas de Bardolf , Sir Tho. de Morley , Sir Hugh de Louche , Sir Iohn Colvill , Sir Philip de Tilney , Sir Iohn Inglesthorpe , Sir Reginald Hakebeche , and Sir Edm. Noon Kts . Will . Thirning , Tho. Pynchebek , Iohn Markham , Will . Gascoign , Iohn Richeford , Iohn Styvecle . Tho. de Welles , and Iohn Mareschall to view the same ; and to take such order therein as they should deem meet , proceeding according to the Law and Custome of this Realm .

The like appointment q q Ib. m. 5. in dorso . had they for the Sewers in Wisebeche , Elme , and Welle , so choak'd up with silt as abovesaid .

After this , viz. in 16 H. 6. at a Session r r Ex praef. cod . MS. penes O. S. Iohn f. 61. a. of Sewers held at Wisebeche , by Iohn Colvile , Gilb. Haultofte and others , upon Saturday next before the Feast of S. Iames the Apostle , the Jurors presented , that the Tenants of the xl acres of land in Bachecroft , in Wisebeche , time out of mind , ought and had used to maintain a certain Bank in Wisebeche , called UUisebeche fen dike ; viz. for every acre 5 foot , and had not done so . And that the Prior of Spinney and his Predecessors , had for the like time , for xl acres of land , which they had in UUisebeche , repaired a part of the said Bank , according to the same proportion . So likewise that Nich. Howard had done for xii acres of land , which he had there .

Likewise that the Abbot of Thorney and his Predecessors , in regard of their lands in Thorney , had for the like time clensed , and ought to clense and scour a certain Sewer , from Muscote in Thorney , unto Thorney barr , in the same Town ; and thence to Knarre ; and thence to Wryde , both in the same Town ; and thence to Setting lake in UUisebeche ; and thence to Mariskote in Thorney ; and thence to South Ee dike in Wisebeche ( which is the division betwixt Cambridgshire and Lincolnshire ) and that it was not clensed .

Also , that the whole Hundred of Wisebeche , had used time out of mind , and ought to clense the before-specified Sewer , from South Ee dike , in the said place , unto Trokenholt in Leverington . And that the Abbot of Thorney , for his lands in Trokenholt crofts , in Leverington , had used , in like sort , and ought to scour the Sewer of Trokenholt aforesaid , unto Clows crosse , in Leverington , neer to the Bank of Sutton on the North part ; and then that the whole Hundred of Wisebeche ought to clense the same from Clows crosse to Guyhyrne , but had not done it .

Moreover , that the Tenants of the lands called Pavys , in March , had used and ought to clense a certain Sewer , from Wardyscote in Dodington , unto Wisemouth in Wisebeche , so that the water might have it's passage to the great River of Wisebeche ; and that it was not clensed .

Also , that Will . Vernoun , for his Mannour of Coldham , and his partners , for the whole time aforesaid , ought & had used to repair a certain Bridg in Elme , in the Drove , called Crome dike ; and another Bridg in Elme , which then were broken . And that the said Will . for his Mannour of Coldham , together with his partners , ought and had wont , for the whole time aforesaid , to maintain a Bridge in Wisebeche , below the Parsonage , which was then broken : as also one Clow at Bolsterbrigge in Elme , with two Keys , whereof the one to be in the Custody of the Guardian of the Fen , on the South part of the River of Wisebeche ; and the other in the custody of the Lord of Coldham ; but that then there was no Clow at all there . And likewise that he the said VVilliam , in respect of his said Mannour of Coldham , and his partners , for the whole time aforesaid , ought and had used to make a Crest in Meesdrove , in Wysebeche , higher than it was at that time by three foot , and in bredth eight foot ; for the which he ought to have the aid of a certain Field , called Bolnehyrst field : as also a Bridg in Elme , in a ceriain Drove , called Cromedike .

And they likewise presented , that the said Town of Elme had not clensed a certain Sewer , called the River , which leadeth from Elme to Wisebeche , and ought to be ten foot in bredth , and of a fitting depth ; so that the fresh water might run in the Chanel unto Wisebeche , and thence to the Sea . Also , that Marysdam , in Elme , ought to be cut , so as the fresh water might passe away by the old River of Elme , to the Sea , according to antient Custome .

Also , that the Bishop of Ely , and Will . Venour , for his said Mannour of Coldham , and his partners , did use and ought , for the whole time aforesaid , to repair one Bridge , lying at the Falgote in Leverington , but had not then repaired it . And that there ought to be one Dam at Bolstrebrigg , in Elme , made by the said William , for his said Mannour of Coldham , as long as a Clow should be made there .

Likewise , that the Bishop of Ely , the Abbot of Croyland , William Venour , in respect of his Mannour of Coldham , William Branch , and all other persons having several Fishing , used and ought to clense the River of Elme , called Elme Ee , from the Floudgates unto Marysdam , in Elme , and thence to Hedmere in ....... and thence to Lethermere in ........ and thence to Creke hirne in .... and thence to March Eee , because they claimed Fishing in all those places . And that Iohn Mannyng of Wisebeche , did cut one Crest of Coldham Bank , to the general nusance . And that the Landholders of Nymenesdole in Wisebeche had used and ought to repair one Crest in Wisebeche , beginning at the Tenement of Alice Cave , and leading to the house of Iohn Algood , in the same Town .

And that three Pipes newly made in a certain field , called Smalmedows , in Wisebeche ; the first by the Bishop and his Participants ; the second by the Lord of Coldham and his ; and the third by the Tenants on the South side of Wisebeche , being made too large by xij foot , should be amended . And that the Tenants of Heighmathes , in Wisebeche , ought and had used to rep●ir one Crest in Nett●ldykelane in Wisebeche , four foot in height , and as much in bredth .

Moreover , that Will . Prior of Ely , Sir Thomas Tudenham Knight , and his Tenants , ought and had used to repair one Crest , beginning at the Fen dike in Wisebeche , and leading to Bellymyll brigge , in the same Town ; thence to Corner's Messuage ; on the South side of the Sewer , in height three foot , and in bredth four : and that all the landholders in the fields called Sayrefield , Nymandole , Flakemore field , and Heymathes , ought to repair the said Crest , every man according to his proportion . And that the Parson of the Church of Wisebeche ought and had used to repair a Sewer in Wisebeche , beginning at the house of Reginald Rogers in Wisebeche , and leading into the same Town . And , that the Town of Wisebeche ought and had used to make a Clow in the Sewer of Wisebeche , at a certain Bridge in Neuton , neer Fytton gole , for stopping of the water when need required .

And they likewise presented , that Iohn Everard Esquire , had straightned the common River of Wi●ebeche , with Nets and other Engins therein placed , to the general nusance &c. As also , that Will . Caus Esquire , and Iohn Greene had done the like . And that the Abbot of Dereham had one Kedel in the Common Sewer of Wisebeche , called Plant's were , to the common nusance &c. as also another Kedel in the same Sewer .

Likewise , that the Town of Wis●beche ought and had used to repair a Bridge in Neuton , called Mutcroft bridg , which was then ruinous . And that the Bishop of Ely , and his Participants ought and had used to repair a certain Bank , called Blak-dike in ......... unto the Pipe , called Watersey Pipe ; which was then in decay . And that the same Bishop ought to make one Crest in Hillary drove , beginning at Bullok's lane end , and leading to Bridg drove , through the midst of the lands of Geffrey Sutton : as also one Crest from the Stow of Geffrey Sutton , unto the Pipe in Meesdrove , in height two foot , and in bredth ten : and one Clow at the Pipe of Meesdrove , on the South side of the River , with two doors thereupon , each of three foot in bredth ; with two Keys , whereof one to be kept by the Bayliff of Waltersey , and the other by the Guardian of the Marsh , on the South side of the said River .

And that the Town of Leverington ought and had used to make and repair one Crest in Leverington aforesaid , beginning at Neuton Gore dyke , and leading to Bondysgate in Leveryngton , and thence to Rechmond in the said Town , four foot high , and eight foot broad . And , that the Tenants of the lands in Harpsfield in Leverington , ought and had used to raise a Crest in a certain place called Two lanes , beginning at Shoffendike in Leverington , and leading to Blak lane , in the same Town ; in height four foot , and bredth eight . And that the landholders in Southingham , in Leverington , ought and had used to raise one Bank , called Overdiche in Leverington aforesaid ; beginning at Bellymil brigg , and leading to Parsons drove end , in the same Town ; And thence to Meysbrigge to be repaired by the landholders of Northinham , thence to Blakenfield by the landholders of Fenhalfi●ld , thence to Bondysgate by the landholders of Blakelanefield , and that it ought to be two foot higher than it was at that time in the highest place , and in bredth xii foot .

Also , that the Landholders of Fenhalfeild in Leverington , ought and had used to make one High-way , called Polly lane , beginning at Sho●endike in Leverington , and leading to Marslane brigge , in the said Town , four foot in height , and eight foot in bredth . And that the said Town of Leverington ought to maintain one Sewer , beginning at the Corner of the antient Sewer in Leverington , neer to Reginald Corners house , thwarting the Drove , called Fytton drove , unto the House of Iohn Stokyll , and so to the Sea : and the said Sewer ought to be xij . foot in bredth only , and that it was then more than xx . foot in bredth .

Likewise , that the Bishop of Ely and Will . Vennour , for his Mannour of Coldham , and his Participants for his Tenements in Elme , ought and had used to repair one Bridge at Falgote in Leverington , which was then in decay .

And , that the Town of Tyd S. Giles ought and had used to clense all the Sewers within the said Town , beginning at the Sea-bank , and extending to the Fen-bank , where need should require : As also , that the said Town of Tyd ought and had used to maintain two Ward Diches in the same Town , called the Threding and Sea dike ; beginning at Averys trees in Tyd aforesaid , and leading to Newfen Dike , in the same Town , in height six foot , and bredth xij . And likewise , that the said Town ought and had used to repair and maintain one Bank , called Martin's fen dike , in Tyd aforesaid , beginning at Averyes trees , and leading to Wesingham brigge ; in height six foot , and in bredth xij .

And that the Town of Neuton ought to clense all the Sewers , within the same , beginning at the Sea-bank of Neuton aforesaid , and extending to the Marsh Bank , where need should require .

And that the Landholders of the thousand Acres in Wisebeche , on the South side of the River , and of the three hundred Acres in Elme , ought and had used to repair one Pipe at Kikking drove lane , in the same Town , in height three foot , and in bredth eight .

At the same Session the said Jurors likewise presented , s s Ex bund . de Brev. & Recordis , Wallia● &c. tangentibus . ● . 18. that the Sea-bank , beginning at Tydde gote in Tydde S. Giles , neer the County of Lincolne , and extending it self unto Bevys Crosse in Wisebeche aforesaid , ought to be fifty foot in height ( viz. from the first sloping thereof unto the Crest ) and in bredth at the top six foot : and that all the Landholders in the said Town of Wisebeche , as also in Leverington , Tydde S. Giles , and Neutone , every one according to his proportion , did use , time out of mind , to repair , maintain , and make the said Bank ; and so aswell by the said Custome , as by the judgment and assignation of certain Justices of Sewers , in the time of the King's Progenitors , were obliged to do , according to the quantity of their Land . Whereupon , forasmuch as it seeming meet to the said Commissioners , both by the Verdict of the Jurors aforesaid , and by their own view thereof , all parties concerned therein , then appearing , and the Statutes of Romeney marsh , in the like cases published , being seen and understood ; they decreed and ordained , for the safeguard of all those Towns , that every Landholder in them , should according to the proportion of his tenure , repair , maintain , and new make the same , as often as any defect might happen to be therein , according to the proportion of his tenure .

And they presented , that the Landholders in the old Market of Wisebeche aforesaid , did use time out of mind , to repair , maintain , and new make a certain Sea-bank , from Beuvise Crosse unto the great Bridg of Wysebeche , on the West part of the River of Wyse aforesaid● viz. every man against his own Land ; and that the same Bank ought to be in height ten foot , and in bredth at the top xij . Whereupon the said Justices , for the considerations aforesaid , did decree the same accordingly ; and that no one should cast dung or any thing else into the said River ; nor make stamps ; nor lay Sege-rekes , nor Dunghills , from Geyhirne to the Sea , upon the brink thereof , whereby the current of the water might be straightned or stopt ; upon penalty of xxs. to be paid to the Bishop by him or them , in whom the defect in repairing , maintaining , or new-making of the said Ditch , or any other the Ordinances or Statutes aforesaid , should for the future be found ; as often as the same should be .

And they also said , that the Landholders of the Town hende of Wisebeche on the North side of the River Use , had used and ought , time out of mind , to repair , maintain , and new make a certain Bank , called the Gebrynck , from the great Bridge in Wisebeche unto Soz●l dyke . And that the Landholders in the Fen hende of Wisebeche did use , for all the time aforesaid , to repair , maintain , and new-make a certain Bank , called the New dyke , from Sozel dyke to Gye hirne ; and another Bank , called the Fen dyke , reaching from Gey hirne aforesaid , unto Piggesdrove Crosse : and that the Landholders in the Fen hende of Wisebeche were not able to repair the said Banks of New dyke ; viz. from Sozeldike to Gey hirne ; and the Fen dyke from Gey hyrne to Piggesdrove Crosse. Whereupon the said Commissioners decreed ; that aswell the Landholders from the Townhende , on the North part the River of Weyse , as the Landholders of the Fenhende of Wisebeche , should thenceforth repair , maintain , and new make the said Bank ; viz. the Sea-bank called the Ebrynke on the North side of the said River ; viz. from the great Bridge of Wysebeche to Sozelsdyke : and the New dike from Sozelsdike to Geyhirne ; and the Fen-dike , from Geyhirne aforesaid , to Pigges drove , each man according to the proportion of his tenure , as often as need should require .

Leverington . And they moreover presented ; that the Landholders in Leveringtone did use time out of mind , to repair , maintain , and new-make , a certain Fen-bank in Leveringtone , from Pigges drove Crosse unto the Clouse which is the division betwixt Leverington and Sutton , each man according to the quantity of his land , according to an antient Agistment● Whereupon the said Commissioners did decree the same accordingly .

And they likewise presented ; that the Landholders in Leveringtone , did use and ought , time out of mind , to repair , maintain , and new make a certain Bank called Shoffendyke , extending it self from the said Clouse , to Gore-dyke in Neuton ; each man according to the proportion of his holding . Whereupon it was accordingly decreed .

And they also presented , Neutone . that the Landholders in Neutone used , time out of mind , and ought to repair , maintain , and new make a certain Bank , called the Shoffendyke , beginning at the Gore-dyke of Neutone , and extending it self to Tyd-Threddyng , each man according to the proportion of his tenure , as often as need should require . Whereupon it was decreed accordingly .

And they presented , Tyd S. Giles ● that all the Landholders in Tyd S. Giles did use , time out of mind , to repair , mai●tain , and new make a certain Bank , called Shoffendyke , extending it self from Tyd-Threddyng unto the Egryndes in Tyd S. Giles ; each man according to the proportion of his Land . Whereupon it was decreed accordingly .

And they likewise presented , that there had been time out of mind , and also ought to be two Clows in Leverington , one at Rotespipe , a● the charge of all the Landholders from Newbrigge drove in Wisebeche , un●o the See dyke ; and the other at Meysland , at the costs and charges of all the Landholders from Sozel dyke , in Wisebeche , unto Newbrigge drove in the same Town .

And they presented , that the Prior of Ely , and Sir Thomas Tudenham Kt. ought and had wont to repair , time out of mind , one Crest in Tholymesse drove , in Wisebeche ; beginning at the Fendyke ; and extending it self to Tolymers , in the same Town , four foot in height , and eight foot in bredth . And that the Landholders of Geyhirne field , of Wisebeche , time out of mind , had used , and ought to repair , a certain Crest , extending it self from Blakedyke unto Mariotts brigge , in the same Town , in height four foot , and in bredth eight . And that the said Landholders of Geyhirnefield , did use also , time out of mind , to repair the Crest from Maryottisbrigge to Tolymers drove , neer to the common Sewer on the West side , four foot in height , and eight foot in bredth .

And they said moreover ; that the Landholders of Geyhirne Crosse , in Wisebeche unto Sozel dyke , ought to make and repair one Crest upon Blake dyke , from Geyhirne crosse to Sozel dyke aforesaid , in height four foot , and in bredth eight . And , that the Landholders in Geyhirnfield , as also of the lands of Will . Cause , in Tolymersfield , in Wisebeche , ought to make and repair one Crest from Mariottesdrove , in Wisebeche , unto Doddesbrigge , in the same Town , neer to the common Sewer on the North part , in height four foot , and in bredth eight . And that all the Landholders in Rechey field , ought to make and repair one Crest from the said Clow , unto Belymylle brygge , neer to the common Sewer , on the East part , in height four foot , and in bredth eight . And that Thomas Hyptoft and his Tenants , ought to make and , repair one Crest in Rat Rowe , on the East side of the way called Tolymersdrove , unto Rat Rowe brigge , in height four foot , and bredth eight . And that the Tenants of Hugh Sozell's lands in Wille Lake , and of the lands of Mundeforth felde , ought to make and repair a Crest in Gamyl drove , from Doddesbrygge to Blakedyke , in height four foot , and bredth eight .

And they likewise presented , that all the Landholders of the xxx acres in the Town hende in Wisebeche , ought to make a repair a certain Bank , called Belymylle dike , from Belymylle brigge unto the land late belonging to Will . Beteyns , in height four foot , and bredth eight . And that the Landholders in Sayersfield , in Wisebeche , ought to make and repair one Crest in Waldysgate , from Belymylle brigge , to Robyns brigge , in the same Town , in height four foot , and in bredth eight . And that the Landholders in Briggefield , in Wisebeche , on the North side of the River , abutting upon Bridgedrove Eastwards , ought to make and repair one Crest in Briggedrove , in Wisebeche , in height four foot , and in bredth eight . And , that all the landholders in Wisebeche ought to make and repair a Clow in the Sewer of Wisebeche , at a certain Bridge in Neutone , neer to Fytton Gole , for to stop the water there , when need should require .

And they also presented ; that whereas there were three Pipes , newly made , in a certain field , called Smal medows , in Wisebeche ; one by the Bishop of Ely and his Participants ; the second by the Lord by Coldham , and his ; and the third by the Landholders on the South side of the River of Wisebeche , they were made too big in bredth , and contrary to the Presentment of the Jurors ; it was therefore decreed , that they should be amended : the said Commissioners therefore did ordain and decree , that the Bishop of Ely and his successors , Sir Thomas Todenham Knight , Thomas Hyptoft , Will . Caus and his heirs , the Lord of Coldham and his Participants , and all others before-mentioned ; and all the Landholders within the said Town of Wisebeche , as aforesaid , should for the future be charged to make , repair , and maintain all and singular the Banks &c. specified in the said Presentment , according to the proportion of what they held , as often as need should require .

And , for the better safeguard of the said Town of Wisebeche , they moreover did ordain , that the Bank , called Wisebeche fen dike , should be barred in certain places needfull , to prevent Cattel from passing thereon ; and that hassocks should be gotten in the Fen , and laid at the foot of the said Bank , in several places where need required . And that all the Landholders of Oldfield in Wisebeche , abutting , upon the Sewer of Coldham , ought to stop the ends of their Ditches , beginning at Tylyry lane , unto Coldham pipe .

And the said Commissioners also decreed , and ordained , that all Kedylls , Stamps , Dams , and other Engines in the River of Wisebeche , whereby the water was in any sort straightned or stopped , should be removed and taken away : and that no man , thenceforth , should make any stamps , dams , Kedills , or other Engines in the said River , from Geyhirne to the Sea ; upon penalty of Cs. to be paid to the Bishop of Ely for the time being . And that there should be a Guardian appointed for the safeguard of the Countrey , to oversee , open and shut the four Gotes of Wisebeche , Leverington , Neuton , and Tyd S. Giles , yearly , at the charge of each man , according to the proportion of his lands .

And they moreover decreed , that all the Sewers belonging to every hamlet of Wisebeche , from the Fen-banks to the Sea-bank , should be well scoured and clensed , at certain times in the year , by those who antiently used to scour them , so that the water might have its course to the Sea without any impediment : and that all the Bridges , Clows , Pipes , and Gutters , within every of those Towns , be repaired and clensed , well and sufficiently in all places needfull , by those unto whom they belonged , as aforesaid ; so that no loss might accrew to any person whatsoever for default of such repair . And that all Banks , called Wardyches , betwixt every Town of the said Hundred , should be raised higher , repaired , and maintained well and sufficiently , by those unto whom they appertain , as aforesaid ; viz. in bredth xvi . foot , and of a fitting height to stop the water of each Town , from other ; so that no damage might accrue to any of them , for want thereof , upon penalty o● xls. to be paid to the Bishop of Ely , for the time being . And likewise , that all the Crests , aswell betwixt every Field , as bordering on all the Sewers of each Town , within the said Hundred , should be raised higher , repaired , and maintained well and sufficiently , in height , bredth , and thickness by those also to whom they belonged , upon the like penalty of xls. to be paid to the Bishop of Ely , for the time being : And that no man , thenceforth , should presume to cut or cause to be cut any Wardiche , or Crest , within any of the Towns of the said Hundred , under the like penalty of xls. to be paid to the said Bishop of Ely , as often as there should be an offence of that kind committed . And that the river of Wisebeche should be scoured and enlarged , in all places defective , from Gye hirne to the Sea , as often as need required , by all the Landholders within the said Hūdred of Wisebeche , each man according to the proportion of his holding .

And the said Jurors also presented , that the Bank , called Grenedyke of Welle , which beginneth at the Stone Cross in Welle , and extendeth to Sewalesclote in Welle , should be raised and repaired higher than it was at that time , by two foot , and in bredth xij . by the Landholders in Budbeche , each man according to his proportion . And that the Abbot of Bury ought to repair one Bank in Welle , leading from Sewalesclote in Welle , to Lakebrigge , and make it higher , than it was at that time , by two foot , and in bredth at the top eight foot . And that the Landholders in Sayerf●ld in Welle , ought to repair a certain Bank in Welle , called Thornedyche , from Lowndes●rove to the Stone Cross in that Town , and to make it higher by two foot than it was at that time ; and in bredth eight foot . And that a certain drove in Welle , called M●●sdrove , leading from Grenedyke unto Pyldrove , be made higher by three foot , than at that time it was , and in bredth xij . foot , by the Landholders in Budbeche , within the said Drove .

And the said Jurors also presented , that there then was , and had antiently been a certain Crest in Uppewelle , called Pysdrove , leading from Grenedike in Uppewelle unto the great River of Welle aforesaid ; which Crest ought and had antiently been made and repaired by the Landholders in the said Town of Uppewelle . And they said , that it was necessary for the safeguard of the parts adjacent , that the said Crest should be made perfect , and higher than it was at that time in the lowest places , by three foot ; and to be eight foot in bredth at the top . And that all persons having Land● , or Tenements in the Field , called Rudbeche in Outwelle , and Uppewelle , ought to repair a certain Gutter , neer unto the messuage of Simon King , in Outwelle aforesaid , whereby the water of Rudbeche might run into the great River of Outwelle . And they also said , that for the safeguard of the Lands within the said Field of Rudbeche , ●hat the same Gutter ought to be new made with Stone , by those persons who had Lands or Tenements in the said Field of Rudbeche . Whereupon the before-specified Commissioners did decree and ordain ; that the said Bank , called Grenedyke , as also that leading from Sewalesclote to Lakebrigge ; and the Bank called Thornedyche , with the Droves called Meysdrove and Pyisdrove , should be raised and repaired in manner and form above-specified , by the said parties , each man according to the proportion of his tenure , as often as need should require : and likewise that the said Gutter lying neer the messuage of Simon King , should be new made of stone by the parties abovesaid .

And they moreover presented , that the Bank called Elmfendiche , beginning at Kekysmylle , and leading to Benstedehyrne ; hence to Tiln●y hirn● ; and thence to Mareysdam in Elme , ought to be raised three foot higher , and to be s●x foot in bredth at the top , according to an antient agistment . And that the Bank , called Redmoredyke in Elme , beginning at Coldham C●ouse , and leading to Fryday brigge in the same Town , ought to be well and sufficiently repaired by all the Landholders in Redmoresfield and Walysch●feld , by new agistments to be thereof made ; and to be made higher by four foot than it was at that time , and eight foot in bredth at the top : As also , that the Bank , which beginneth at Fryday-brigge aforesaid , on the Westside of the River , and reacheth to Maryesdam , ought to be made three foot in height more than it was , and to contain eight foot in bredth at the top .

And they also presented , that the Bank called the Gebrynke , in Elme , on the East side of the River there , beginning at S. Gil●s Drove , and extending to Fryday brigge , and from thence to Mareysdam , ought to be repaired , and raised higher than it was at that present , by three foot ; and to be twelve foot in bredth at the top ; and this to be done by the Landholders in Oldfield and Needham , according to an antient agistment . And that the Bank called Nedham dyche , in Elme , beginning at Thornedyche in Welle , and extending to Coldham Kyrfe , in Elme , ought to be repaired , and raised higher , in all the low places thereof● so that it might be equal to the Bank of Iohn Blewyk , which is upon the same Dyche .

And they likewise presented , that all persons having Lands abutting upon a certain Sewer in Elme , which leadeth from the hades of the Lands in Nedham , from Fryday brigge to Knytesdyke , in the same Town , and thence to S. Christophers Chapel in Outewelle ; and thence to the Clow at the Stone Cross in Outewelle , ought and had used to repair and scour the said Sewer , at the hades of their Lands , so that the water of Nedeham might have its course to Wellescholle : And that all men having Lands betwixt Fryday brigge in Elme , and Grenedyke in Welle ; and betwixt Bishopisdyke and Nedehamdyke in Elme , ought to make and repair one Clow , as sufficiently as it could be done , to stop the water of Outewelle in the Winter season . Upon consideration of all which , the said Commissioners did ordain and decree ; that the Bishop of Ely and his successors , and Will . Vernoun , and all the Landholders in Elme aforesaid , should be chardged , to make , repair , raise , and maintain all and singular the Banks and Sewers before-mentioned , in such sort as they are specified in the said Presentments , each man according to the proportion of what he holdeth , whensoever need should require .

And moreover , whereas the water of Old field in Elme , on the East side of the River of Elme , ought to have its course and issue by a Pipe lying under the River of Elme , called Massyngham's pipe , and thence to run into the River of Wysebeche at Bevyse : but by reason that the River of Wysebeche , had for many years past , been so filled up with fi lt and sand , brought in by the Sea-tides , that it could have no passage there ; ☜ the said Commissioners ordained , for the better safeguard of the said Town , that the said water of Oldfelde , should for the future pass away by the said Pipe , called Massyngham's pipe , lying under the River of Elme , betwixt the messuage of Iohn Blythe , on the one patt , and the messuage of Iohn Ratelesdene on the other ; and thence directly by an antient Sewer , betwixt the Land of Iohn Tofty , on the one side , and the Land of Iohn Westbroke on the other , unto the Drove , called Toundrove ; and thence by the said Drove on the one side , and the hades of the Lands belonging to Iohn Westbroke , Iohn Edryche , and Bedylacre , unto the Lands of Will . Eryswell on the other part ; and thence by the said Drove on the one part , and the Land of Iohn Conysbury , and Will . Bryswell on the other part , unto the Sewer called Coldham Sewer at Crumdykbrigge ; and thence into the said Coldham Sewer , unto the pipe lying under the River of Wisebeche , called Coldham pipe ; and thence betwixt the said Coldham Sewer , unto the Floudgate in Leverington , called Dieugard ; and thence to the Sea .

And that the water of Redmorefeld and Walyshfeld should not , for the f●ture , run , or have its cours● by the ●●d Sewer of Coldham ; but by a P●pe called Redmore pipe , lying at the Towns end of Elme ; thence betwixt the Bank , called Hillary dike , on the one sid● , and the hades of Iohn Walpole's Lands , unto the Land of Will . Beston on the other ; and thence thwarting the said Bank , call●d Hillary dike , into the Sewer called Waltersee Sewer , and so along that Sewer unto the Floudgate in Leverington , called Dieugard , and thence to the Sea . And that all persons having Lands in the said Field of Oldfeilde , and all others receiving benefit by the drayning away of the said water , should thenceforth be perpetually chardged , with the sufficient making , repairing , and maintaining of the said Pipe , called Massynghams pipe , and the said Sewer , leading thence unto Coldham Sewer , at Cromedyke brigge , as aforesaid , according to the quantity of their Lands : And likewise , that they should contribute with Will . Venour , Lord of the Mannour of Coldham , to the making , repairing , and maintaining of the said Sewer , called Coldham Sewer , from Cromedike brigge aforesaid , unto the Sea ; as also of the Crest thereof ; and likewise to the said Pipe , called Coldham pipe , according to the proportion of their Lands , in such sort as the said Will . Venour and his Participants had before done , according to an Ordinance for that purpose antiently made . And that the Crests of Coldham Sewer should be sufficient for the water of Oldfield to run into the said Sewer of Coldham , within the same , and to overflow the Lands adjoining thereto .

And they also presented , that every person having any Ditch , abutting upon the said Sewer of Coldham , ought thenceforth to stop up the same , with a Dam , and a Clote , set thereon ; which Dam to be xij . foot in bredth , and in height equal unto the hades adjacent ; so that no prejudice might come to the Lands lying neer the same Sewer , as it had been antiently ordained . And that all persons having Lands in Redmorefeld and Walyschfeld , should thenceforth be contributory , together with the Bishop of Ely , unto the said Sewer of Walterse , from that place in Hillary dyke , where the waters of Redmor●feld and Walyschfeld do fall into the said Sewer of Walters●e ; and to make , repair , and maintain the Crest of the said Sewer of Waltersee , together with the said Pipe , called the Lordyspipe , according to the quantity of their Lands .

And they moreover presented , that the Landholders in Leverington , ought and had used to make and repair one Bank in Leverington , called the Wardyke , and to raise it higher by three foot , than it was in the best place . And , that the said Town of Leverington had used time out of mind to repair eight Bridges in Neutone , lying in certain places specified in the Kings Records , in such sort as they had antiently done . And they said , that those eight Bridges in Neutone did lye , as followeth , viz. the first Southwards at the Clow , which was then to be repaired ; the second ●oward the frontier of Andrew Cok ; two others at Leverington pipe in Neutone ; one at Lordislane ; one at Childesgrave ; one at Grenedyke ; and one at Startesgate . And the said Jurors being asked , if ever any of them saw any of those eight Bridges in any other place , than they were at that time ; and they answered No.

And they likewise presented , that the Town of Leverington , had , time out mind , used and ought to repair and raise one Crest in Leverington , beginning at Neuton Gordyke , and leading to Bondesgote in Leverington , and thence to Rechemound in the same Town , in height four foot , and in bredth eight . And that the Landholders of Harpfelde , in Leveringtone , ought and did use to repair and raise a certain Crest in another place , called Towlanes ; beginning at Shoffendike , in Leveryngton , and leading to Blaklane , in the same Town , in height four foot , and bredth eight . And that the Landholders in Southhinham in Leverington , ought and had used to make , repair , and raise one Bank called Overdyche , in Leverington aforesaid , beginning at Belymylle brigge , and leading to Parsondroveshunte , in the same Town ; thence to Meysbrigge , by the Landholders of Northhinham ; thence to Blakelanefeld , by the Landholders of Fenhalf●ld ; thence to Bondysgote , by the Landholders in Blakelanefeld ; and to make it two foot higher than it was at that time in the best place ; and in bredth xij foot .

And they presented , that the Landholders in Fenhalfeld , in Leverington , did use time out of mind , and ought to make , repair , and raise a certain way , called Polylane , beginning at Shoffendyke , in Leverington , and leading to Meyesbrigge in the same Town , in height four foot , and in bredth eight . In consideration of which Verdict &c. the said Commissioners did ordain and decree that the same should be performed accordingly ; viz. every man according to the proportion of his holding , as often as need should require .

And the said Jurors also presented , that there ought to be made one Sewer in Fenlondfeld , in Neutone , in bredth six foot , and in depth three ; betwixt the land of Martin Thompson and the land of Iohn Mendham , at the charges of the landholders who had benefit thereby . And that another Sewer should be made in the same field , in bredth six foot , and in depth three , betwixt the land of Iohn Rogerson , and the land of Alice Pope , at the charges of all those persons who had also benefit thereby . And that there should be another Sewer made in Longefelde , in Neutone , of the like bredth and depth , neer to the lands of Iohn Derby , called Barowsdyke , and betwixt the land of Simon Thomsone , from Mil-lane to Medow-lane , at the charges of all those who had Commodity thereby . And that another Sewer ought to be made in the middle of the said field , called Longfield , from the land of Sir Iohn Colvyle Knight , neer to the land of Iohn Godeknape , unto the said next Sewer , in bredth six foot , and depth three , at the charges of all persons having profit thereby . And that all the hades of the lands of Fytton croft●s , should be digged , from Doddyke to Medow-lane , in bredth eight foot , and depth four , at the costs likewise of those who had benefit thereby . And that all the hades likewise of the lands of Fytton croftes , should be digg'd in bredth eight foot , and depth four , from Lowynsfendike unto Doddys , at the charges of those persons who should have benefit thereby .

And they presented moreover , that there should be another Sewer made by the hades of the lands , in the middle of Oldfield , from Fdtton croft●s to the land of Sir Iohn Colevile Knight , called Wortheynyscroft ; in bredth six foot , and depth three , at the costs of all such persons who should have Commodity thereby . As also another Sewer at Wortheynyscroft , on the South side , unto Dod dyke , six foot in bredth , and four in depth , at the costs likewise of such as should have profit thereby .

And they also presented , that the Town of Neutone , time out of mind , ought and had wont to repair and make a certain Bank , called Lowynsfendike , beginning at Fytton , and leading to Tyd Siddyke , two foot higher than it was at that time in the best place ; and xij foot in bredth . And that Iohn Symondeson of Neutone , for the whole time aforesaid , ought and had wont to make and maintain a certain Dam at the East end of the land in Newfield , to restrain the water of the said Newfield , from descending into the next field , called Rolsefield . And that the said Town of Neutone ought and had wont to make and repair a certain Bank in Neutone , called the Gordyke ; beginning at Blokkyslane , and leading to Shoffendyche , in height six foot , and in bredth twelve . Whereupon the said Commissioners did decree accordingly .

And the said Jurors likewise presented , that all the Landholders in Newfield in Tyd S. Giles , ought and had used to make and repair one Crest , in a certain field called Beeslane field , in the same Town , beginning at Tyd Syddike , and extending to Brounesbrigge , in height four foot , and in bredth eight . And that the Landholders in Southfelde , in the same Town , ought and had used to make and repair another Crest , from Tyd Syd dyke to Brounesbrigge , in height four foo● , and bredth eight . And that all the Landholders in Southfelde in the same Town ; beginning at the land of Iohn Houshold , abutting upon a certain mansion called Beesplace , unto Tyd Syd dyke , ought , and time out of mind had used to make one Crest upon Syd dyke , beginning at Beeslane end , and leading to Averey's crose , in the same Town , four foot in height , and eight foot in bredth . And that the Landholders in Southfelde aforesaid , of the lands abutting upon Brod gate , ought and did use to repair and make one Crest neer to the common Sewer , on the South side , in height four foot , and in bredth eight . And , that all the Landholders in Bradeste , of the lands abutting upon Hascroft lane , towards the West , ought and had used , for the whole time aforesaid , to make and repair a certain Sewer ; beginning at the Sewer , next unto the land , called Stokwellesland , unto Brossebrygge , in bredth eight foot , and depth four .

And they likewise presented , that all the Landholders of the lands in Halcrofte , for the whole time aforesaid , ought and had wont to make and repair sufficiently , the common Sewers in Halcrofte unto Welmany flete , thwarting the High way , called Crosse-gate ; and so by the land lately belonging to Thomas Retherwyk , and Iohn Mayner , unto the land lately belonging to Iohn Bee ( but then to Iohn Hunstone ) and so betwixt the land of the said Iohn Hunstone , and Isabell Retherwyk , unto Sondy lane ; and there to make one Bridge of one foot in bredth , and asmuch in depth ; and so betwixt the land of Iohn Lambard , and the land late of Geffrey Cosyn , unto Sedyk lane , and the land of a certain field , called Blohevede , unto the Floudgates . And that all the Landholders in Edykfelde , from Blakeslane to Mosselane , abutting upon Edyke , ought and did use to make and repair a certain Sewer at the North point of the lands of Edykfelde , aforesaid , in bredth eight foot , and depth four .

And they also presented , that all the Landholders in Edykfelde , ought and had used to make one Sewer , at the North end of the lands of Edykfelde aforesaid , abutting upon Edyke , from Blakkeslane to Barrowsgrene , in bredth eight foot , and depth four ; so that the fresh water might have its course to Blakkeslane , unto the great Sewer , and so the Sea . And , that all the Landholders in Hornefeld , ought and had used to make and repair one Crest in Brodgate , in Tyd S. Giles , on the South part of the Sewer , called Marteynesfendyk , unto the Corner where Will . Hubert then dwelt , in height four ●oot , and bredth ten . And that all the Landholders in Cokley field , ought and had used to make and repair one Crest in Botteleslane , from Bottelesbrigge , to the Ee dyke ; in height four foot , and bredth twelve . And that all the Landholders in Fendykfelde and North lane feld , ought and did use to make and repair one Crest in Blake lane , in Tyd aforesaid , from Bottelesbrigge unto Tubbesbrigge , and from the land of Iohn Ingleche unto Ee dyke , in height four foot , and bredth eight . And that all the Landholders of the lands in Carrowfelde , abutting upon Ee gat● , from Gotebrigge to Northlane , ought and had wont to make and raise one Crest in Eegate , in Tyd aforesaid , where need should be , in height four foot , and in bredth twelve . And , that all the Landholders in Tyd aforesaid , did use and ought to raise and make one Bank , called Byshopesdyke , from Tubbesbrigge unto the Ee dyke , in height four foot , and in bredth twelve .

And they moreover presented , that the Town of Tyd S. Giles , ought and had used , time out of mind , to make and repair , sufficiently , one Clow , or one Dam , in the Common Sewer of Tyd , next to the Land of Simon Canch●ne , and Hascroft lane , on the West-part ; and another Clow or one Dam , in the common Sewer at Brownesbrigge ; and another Clow or one Dam , in the Common Sewer at W●singhambrigge ; and another at Boteleslane brigge , and another at Tubbesbrigge ; so also one in each of the Common Sewers at Mannyngesbrigge , Beeslane brigge , and Stonebrigge , in Kirklane . And that the said Town of Tyd ought also and did use to make , repair , and mantain sufficiently , two Banks called Wardyches in Tyd aforesaid ; viz. the Syd dyke , and Thre dike , beginning at Avereys trees , in Tyd aforesaid , and extending to the New fen dyke , in the same Town , higher by six foot than they were at that time in the best place ; and in bredth twelve . And that the said Town of Tyd ought to raise● maintain , and repair , sufficiently , one Bank , called Marteynesfendike , in Tyd aforesaid ; beginning at Avereys trees , and leading to Wesynham brigge , in the same Town , six foot higher than it was at that present in the best place , and in bredth xij . foot . Whereupon the before-specified Commissioners decreed , that the said Sewers and Banks should be made and raised accordingly .

And they likewise , for the better safeguard of the said Town of Tyd , did decree and ordain ; that a new Sewer should be made from Brownysbrigge unto Kirklane , on the North side of Newgate ; in bredth ten foot , and in depth as much as needed ; so that the Rivers of El●tesfeld , Fendykefeld , Cokeleyfeld ; Hornefeld , and Rylondfeld might have their course to the House , somtime belonging to Will . Noche , but then to Will . Hobart , on the North part of Brodgate ; and so thwarting the Broadgate unto Brownesbrigge aforesaid , on the South side of Brodgate ; and so unto the said new Sewer ; and then crossing Kirklane , where a fitting Bridge of bredth and depth convenient , was to be made : and so by the hades of the Lands of Somerleswe , abutting on Kirklane , towards the West , unto Thorgereslane ; and so by Thorgereslane , on the North side , unto Hastcroft dyke , neer to Thes●ill brigge ; and from Thestely brigge unto the end of Thorgares●ane , unto Hascrost mylle hylle , thwarting Hascroft dyke ; and so to the antient Sewer , called Brossebrigge ; and so to the Sea : which Sewer was to be made by all the Landholders of the Town of Tyd aforesaid . And , that the two Sewers , on each side Brodgate and Kirkgate , from the House of Will . Hobert and Brownesbrigge , should be stopt up , when need required . And that one Sewer should be repaired and digged on the South part of Southgrafte feld , neer to the Syddyke ; viz. from Childesgrave unto the Gorys , and so to The●tely brigge , eight foot in bredth , and as deep as needed , by all the Landholders in Southgrafte feld aforesaid . And that all the hade Lands of Southgrafte feld aforesaid , towards Thorgares●ane , should be stopt by the Landholders there , upon penalty of xxs. for every of them , to be paid to the Bishop of Ely , for the time being , so that the water of Southgrafte feld aforesaid might have its course to the Sea , without any impediment . And that every man having Lands or Tenements in Tyd aforesaid , might take Earth to repair and make the Shoffen dyke , from the Common next to the River , which is in Tyd aforesaid , and Tyd S. Maries , which is the division betwixt Cambridgshire and Lincolnshire . And that the said Shoffendyke should be barred in three places , to prevent Carts from coming thereon : and that a certain way in Tyd aforesaid , called Bee●lane , should likewise be barred , for the same respect , from the Feast of S. Michael the Arch angel , unto the Feast of S. Peter ad vincula , by the Landholders in Newfelde .

And they lastly presented , that Thomas Floure of Okham , in the County of Roteland , ought to repair and maintain upon the Bank called Wisebeche Fendyche , a certain proportion , containing six hundred foot , in respect of xxiiij acres of land in Wisebeche : and that upon Monday the Feast of S. Wolstan the B●shop and Confessor , in the seventeenth year of the said King Henry the sixt his reign , the same portion of that Bank was broken and decayed ; and that the Dike Reeves aforesaid did warn the said Thomas to amend the same ; which he refusing to do , the fresh waters made the said breach greater ; whereby the portions of the same Bank , belonging to Geffrey Lambard and others , adjoyning thereto , were also broke and ruined , to the danger of destroying the whole Country ; MMMMCCCC . acres in Wisebeche , MMMMDC . acres in Leverington , MCCCC . acres in Neutone , and MM. acres in Tyd , being thereby , at that time , overflowed and drowned .

Not long after this , viz. upon Saturday next before the Feast of the Nativity of the blessed Virgin , in 17 H. 6. there was a Session t t Ex. pr●e● . cod . MS. penes O.S. Iohn f. 69. a. of Sewers held at Wisebeche , by Sir Iohn Colevile Knight , Gilbert Haltoft , and others ; at which time the Jurors presented upon their Oaths , that there was a certain Sewer , called South Ee , but antiently Old Ee ; whereby the water of Nene and Weland ought to passe from Noman's land , in Croyland , unto Dowesdale , in the same Town ; and thence by South Ee dyke unto the East end of the field of Throkenold , in Leverington , neer the Crosse in Leverington ; and thence into the Sewer , called Fendiche , in Leverington and Wisebeche , unto the River of Wisebeche at Guyhirne : Which Sewer of South Ee aforesaid , is the division betwixt Lincolnshire and Cambridgshire . And that the moytie of the said Sewer ought to be scoured by the Abbot of Crouland , and the Towns of Quaplode , Hotheche , Fleete , Gedney , Sutton , and Tyd S. Maries in Lincolnshire ; viz. by the said Abbot to Dowesdale aforesaid ; and thence by each village aforesaid , for their proportions of land in each Town . And the other moytie by the Abbot of Thorney , and Bishop of Ely with his Tenants of Wisebeche Hundred ; viz. by the said Abbot for his Fens in Thorney and Leverington , bordering upon the same Sewer ; and by the said Bishop and his Tenants , for their Fen called Wisebeche fen , in Cambridgshire , abutting upon the said Sewer .

And the said Sewer , called Fendiche , ought to be clensed by the Towns of Wisebeche , Leverinton , Neuton , and Tyd S. Giles . And that the said moytie of that Sewer , which ought to be scoured by the said Towns of Quaplode , Holbeche , Fleete , Gedney , Sutton , & Tyd S. Maries , was not clensed ; but stopt up and filled with Reeds , Haffs , and other Vegetables ; so that the said water could not have its right course unto the said Sewer , called Fendiche ; and thence to the River of Wisebeche , and so to the Sea , as it used to have ; whereby the whole Fen , called Wisebeche fen , belonging to the Bishop of Ely , was drowned ; so that the said Bishop and his Tenants of Wisebeche Hundred , could not receive any benefit in the same .

And they likewise presented , that one part of the water of Nene descended from the Bridge at Peterborough unto Thorney barre aforesaid ; thence to Noman's land , in Croyland : Which River the Abbots of Peterborough and Thorney ought to clense , from the said Bridge at Peterborough , unto Thorney bart aforesaid , and thence to Noman's land aforesaid ; viz. the Abbot of Peterborough the one half , and the Abbot of Thorney the other . And they said , that the other part of Nene , which passeth from Peterborough bridge aforesaid , unto Wodeshed in Wytlesey ; thence to Wittleseybrigge ; thence , by Wittlesey , to Wardiscote in Wittlesey , and thence into the great River of Wisebeche , ought to be scoured , from the said Wodeshed to Wardysgote aforesaid by the Town of UUittlesey , and the Landholders , late Pavy's , in March ; and that it was not then clensed . And they said , that the Town of UUittlesey ought to clense one Sewer , beginning at Goose UUillow drove , in UUitlesey , unto the North part of Adernale , in the same Town ; and thence to Brodreche in UUisebeche , called Upstanlake ; and that it was not clensed : And that the Bishop of Ely ought to clense the said Upstavinlake , unto the great River of UUisebeche , which was not then done .

In 9 E. 4. W. Bishop of Ely , George Duke of Clarence , Richard Earl of UUarwick and Salisbury , Iohn Earl of Northumberland , Iohn Earl of Oxford , Humfrey Bourchier Lord Cromwell , Iohn Catesby , Will . Ienny , Thomas Grey , Roger Tounsende , Henry Spilman , Thomas Daniel , and others , were constituted u u Pat. 9 E. 4. p. 1. m. 14. in dorso Commissioners for to view the Banks , Ditches , Sewers &c. of Marshland , Upwelle , and Outwelle , and of other Towns and Fens , by the water which goeth from Erith brigge directly to Benwyke ; thence to Paddok mere ; thence to Farset brigge ; thence to Standground , and so to Muscote ; and from Muscote to Thorney mille and Godelakcrosse , by Noman's land ; and thence to Dowysdale , and so to Clowecrosse ; thence to Wylowedyke ; thence to Edgreynes ; thence to Tydegote ; and thence to the Sea : And to make Statutes and Ordinances for the repair of them , according to the Laws and constitutions of this Realm , and the Statutes of Romeney marsh : As also to imprest such and so many Diggers and other Labourers to be imployed in those Works , as they should deem necessary for the expedition thereof . The like Commission ʷ had they for the view and repair of those in the Marshes betwixt the water , running from Erith brigge aforesaid , by Ely , to Salterslode and Wigenall , to Bishops Lenne ; and the water passing from the same Bridge at Erith , by Benwick , Gretecrosse , and Wyssebeche to the Sea .

About this time I suppose it to be ( for it is without date ) that the Landholders of Pokediche field , in Welle , exhibited a Petition x x Ex praef. cod . MS. 〈◊〉 O.S. Iohn , f. 23. b. to the Lords and Commoners of Marshland ; shewing , that the said Field was agisted , for its number of acres , in as high a measure , towards the repair of the Bank called Pokediche , for the safeguard of that Country , as any part thereof , which lay within the precinct of that Bank ; and that the water of Pokediche did so overflow the same field , that they could not dig earth , upon occasion , for repair of the before-specified Bank : and therefore desired that they might drayn the same by a Sewer , through the said Bank into Marshland , in such a place where it would be of least damage thereto . Whereupon they were allowed to have a certain Clow neer Thwart medows , for that purpose .

In 20 H. 8. at a Session of Sewers held at Stuntney , in the Isle of Ely , by Sir Thomas Knight , Tho. Dereham , Iohn Fincham , and others , there was a Presentment y y Ib. s. 90. ● . then made by the Jurors , of all the Sewers , at that time in being , within this part of the Countrey ; instancing to whom the repair of each belonged ; the tenor whereof I shall here insert .

The Bishop of Ely ought to scour Crekelode , extending from the great stream , towards Sotherey , unto the Willough , by the space of two furlongs . And from the said Willough to Pulverlake , the Cellerar of Bury hath an half part , against all others , for the space of a mile and more . From the said Willough also , to Pulverlake , the Prior of Modney hath a share : So likewise the Prior of Norwich for the Church of Fordham ; and the Parson of Helgay for the Church of Helgay . And the Landholders late Massingham's , and Bekeswell's ought to clense the same , against the Cellerar of Bury , from the said Willough to Pulverlake . Which Cellerar of Bury hath also an half part in the middle of this lode , against all others , for two miles .

The Abbot of Ramsey ought to scour the Sewer , called Balkwere abutting upon Gnat lode , for one quarter of a mile . And the Prior of Norwich , the Rector of Helgay , with the Tenants of the lands late Massingham's and Bekeswell's , ought to repair the same unto the four Lodes end .

In Crekelode also , Thomas Boteler of Helgay ought to scour a place called Hogges middle , for the length of one furlong . And the Duke of Gloucester one part in Gretwere ( a part of the said Crekelode ) for the length of a mile , against all others : And another part there , for half a mile , the Prior of Castelacre , Abbot of Wendling , and the Tenants of those lands , late Bekeswell's .

Sheting middil , in Crekelode , ought to be clensed by the said Cellerar of Bury , for the space of one mile and more . Chutting in Crekelode , by the Duke of Glouc. for half a furlong and more . Strem middil by the Cellerar of Bury , for one mile .

In Ung medil the Prior of Modney holdeth one part , by the space of two furlongs , against the Prior of Chetford .

Iohn Ashfield and the Abbor of Ramsey , for the lands late Nich. Gunnes . The same Iohn Ashfield holdeth one part in Lodwere , in Creklode aforesaid , for two furlongs .

In Bullinger the Prior of Modney holdeth half a part , for two furlongs and more , against the Abbot of Ramsey . The said Prior of Modney , and the Tenants of the Lands , late Massingham's , ought to clense all Gredy middil , for one mile .

The Prior of Chetford ought to scour Iellis middil , for the space of one mile .

The Town of Lyttilport , the Widow of Nich. Orme , and the Earl of Worcester , ought to clense Newdike unto Welney court , for one mile .

Criklode , in March , beginneth at the Great Ee , betwixt March and Welle , and goeth on directly to Elme , containing by estimation six miles , and ought to be scoured by the Bishop of Ely and Abbot of Bury equally .

Gnat lode beginneth at Hawkyns bytte , and continueth to four lodes end , containing by estimation three miles , and ought to be scoured by the Towns of Elme and Littilport .

Small lode , betwixt Welle and Outwelle , ought to be clensed by the Abbot of Dereham , from the great River in Welle to Ingram's hirne , by the space of three quarters of a mile . Another part in the said Smal lode , from Ingram's hirne to Seman's gole , containing one mile , the Abbot of Ramsey and Iohn Aylesham , ought jointly to clense .

Maidlode beginneth at Welneywater , and continueth to Sheppe lode , and thence to Sheppeslodes end ; which ought to be clensed by Richard Cranford , and Clarice late Wife of Iohn Cranforth , by the space of one furlong ; and by the Town of Upwell , for the Lands of Mr. Will . Dunthorne by the space of one mile ; and for another mile , and more , by the Town of Welle .

Shiplode ought to be clensed by Iohn Sambroke for half a mile ; by Thomas Beaupre for as much ; by Iohn Fincham also for half a mile ; by the Abbot of Ramsey for the like proportion ; by the Prior of Walsyngham for three miles ; and by the Prior of Lynne for three furlongs , unto the end thereof .

Wide lode ought to be clensed by the Town of Welle for half a mile ; by the Prior of Thetford , and the Heirs of Bekeswell , for xxv . furlongs ; and by the Prior of Lewes for one mile .

Old Smal lode beginneth from Wide lode ; and ought , for the space of half a mile , to be repaired by the Bishop of Ely : and by the Abbot of Dereham and Iohn Aylesham by the space of half a furlong .

Webwinch lake ought to be clensed by the Abbot of Ramsey , for the space of two miles .

The Town of Welle ought to scour from the Sholle of Outwell , for the space of half a mile : thence the Prior of Lynne , unto Mullicourt , for one furlong ; and thence the Prior of Lewes for one mile and more .

The Bishop of Ely and Iohn Ailesham ought to scour the water-course from North delf unto Salter's lode , for the space of half a mile , and the Bishop of Ely alone , for two miles and more .

The Lord Scrope ought to clense the Chanell , from Darsey lode to Manytownsend , for the space of one mile .

Cock's lode beginneth at Hunney Corner , and continued to Manyfeld's end , and ought to be clensed by the Abbot of Ramsey ; and from Mannyfeld's end to Harry Mace's Cote , by the Lord Scrope unto Maney lode .

The River of Nene hath its rise above Northampton , and cometh to Peterborough bridg , and thence to a certain place called Noman's land , and there entreth into South Ee , which is distant from Peterborough xiiij . miles by estimation . Which River ought to be scoured and clensed by the Abbots of Peterborough and Thorney , but was not . And from Noman's land to Dowesdale , by the Abbots of Crouland and Thorney , for the space of four miles . And from thence to Clows Crosse , on the South side , by the Abbot of Thorney ; and on the North , by the Abbot of Crouland , with the Towns of Holbeche , Fleet , and Sutton , for six miles .

The River of Wailand beginneth above the Town of Stamford , and runneth unto the Triangular bridge at Crouland ; and thence one part thereof passeth unto Spalding Ee , and the other to Nomans land : some say , that it did antiently r●n into a certain Fen , belonging to the Abbot of Crouland , called the Pricmote , alias Possons , in Lincolnshire , and so to the Sea : but now that current being stopt it runneth by the South Ee unto Clows Crosse and so to Guy hirne .

Furthermore , betwixt Shepelode and Salterslode , there is a Sewer called Thefe lake , which ought to be repaired by Thomas Gawsell , unto the great River at Salterslode ; it lying on the West side of Salters lode , about half a mile distant .

Also there is another Common Sewer , called Stremelake , lying betwixt Shiplode aforesaid and Salters lode , which ought to be clensed .

The Fen betwixt Crekelode , Welle , and Salterslode ought to be repaired by the Town of Denver , for the space of six furlongs , and more .

There is also a Common Sewer , called antiently Denver hithe , now stopt by the Lord Berkley , and the Town of Denver ; which containeth one furlong , and more .

After this , viz. in 2 Edw. 6. at a Session z z Ibid. ● . 106. b. of Sewers held at Upwell , upon the Monday next after the Feast of the Nativity of S. Iohn Baptist , by Geffrey Colvile , Edmund Reaupre , Thomas Dereham , Rich●rd Everard , and Iohn Willoughby Esquires , Iames Hawes and Iohn Schuldham Gentlemen , the Jurors presented , upon their Oathes ; that by the great abundance of fresh waters , yearly descending from the Counties 2. E. 6. of Norff. Suff. Cambr. Bedf. Hunt . North. Rutl. and Linc. by and through two great Rivers ; viz. Ouse , extending from Cambridge unto Ely ; thence to Lytilport Chaire ; thence to Sotherey ; thence to Helgay ; thence to Fordham ; thence to Denver ; thence to a place in Dounham called Salters lode ; thence to Wymbotesham ; thence to Stow-Bardolf ; and thence unto the North Seas at King's Lynne , in the said County of Norff. And the other great River , called the great Ee , extending from Peterburgh , in the said County of Northampton , unto Ramsey ; thence to a certain Sewer or decayed River in March , in the said County of Cambridge , called great Crosse ; thence to a certain decayed River or Sewer called Creke lode , in March aforesaid ; thence into another decayed River or Sewer , called the New Leame , in March aforesaid ; thence unto a certain place in Upwell aforesaid , called Shewysnest poynt ; and there the said River , dividing it self into two Branches , whereof the one returneth South Eastward , and is called the South branch , unto a certain old decayed Sewer in Welney ( a Hamlet of Upwell aforesaid ) called Mayd lode ; thence unto another old decayed Sewer , between Welney aforesaid and Lytilport , in the I le of Ely , called New dike , and Creek lode , in Sotherey aforesaid ; thence unto Lytilport Chaire aforesaid , and so to the aforesaid great River of Ouse , and so to the North Seas at K. Lynne .

And the other Branch , descending North East ward , called the North branch , from the said place , called Shrewysnest point , unto a certain place in Outwell aforesaid , called Outwell Sholle ; thence Southward unto a certain place in Dounham aforesaid , called Northdelf ; thence Eastwards unto Salters lode , into the said River of Ouse , there is yearly drowned within the Towns of Upwell and Outwell aforesaid , eight thousand acres of Marish and Pasture grounds , over and besides the great damage unto four several Infields of the same Parishes , called Plawfield , Kirkfield , Budbech , and Sandyfield , to the number of 1600 acres ; and to the Houses of the Inhabitants of the same Parishes , to the number of 300 Housholds , were not the same fields and houses defended by great Banks , Dikes , and Crests made for their safeguard , to the great impoverishing of the said Inhabitants ; specially by the said waters descending by the said great Ee , The antient course of the wat●r● by Wisbeche . from Peterborough unto Ramsey , thence to March , so to Upwell and Outwell , and thence to the North Seas at K. Lynne : forasmuch as the most part of the water of the said great Ee , sometimes was conveyed unto the North Seas at Wisebeche , by the said decayed Rivers in March aforesaid , called Great Crosse , Crekelode , and the New Leame , whereof the farthest River called great Crosse , passeth not in distance from the said great Ee , in March aforesaid , to the said Town of Wisebeche , ten miles : And the said lode called Crek lode , in March aforesaid , is not in distance in length from the said great Ee unto the said Town of Wisbeche , but six miles and a half : And the said New Leame but 5 miles and a half from the said great Ee unto Wisebeche .

And now the water being forced to take , in manner , his full and whole course , contrary wise from his natural and most ready fall at Wisebeche aforesaid , in form aforesaid , is constrained unto the said Chapel in Upwell aforesaid , called Shrewysnest poynt , by reason of the decay of the said sewers , where it divideth into two branches , as before is mentioned .

And the one branch going South Eastward , in form aforesaid , extendeth in distance and length , from the said great Crosse unto Shrewysnest point , and so by the said South branch unto the said North Seas at K. Lynne aforesaid Liiij . miles : And the same River , descending from the said great Crosse unto Shrewysnest point aforesaid ; and from thence by the North branch unto Outwell Sholle , and so to the said North Seas , is in distance xxxiij miles .

And from the said Sewer called Creeklode , in March aforesaid , unto the said North Seas at K. Lynne , aforesaid , by the said South branch , is xlviij . miles , and by the said North branch xxviij . miles .

And from the said Sewer , called the Leame , in March aforesaid , unto the North Seas at K. Lynne aforesaid , by the said South branch , is xlvii . miles , and by the North branch aforesaid xxvii . miles .

The decay of which said several Sewers , with the Rivers , Lodes and Drayns from them , extending unto the said Town of Wisebeche , they say be the chief and special occasions of the drowning , aswell of the said Marish and Pasture in Upwell and Outwell , as of the whole Countrey of Marshland and Wigenall adjoyning ; and in continuance of time , as they think in their consciences , will utterly drown the said Parishes , and the said Country of Marshland , unlesse the same decayed Sewers be scoured , according to the antient Ordinances ; so as a great part of the said fresh waters of the same great Ee , in March aforesaid , may be conveyed unto the said North Seas , by the Town of Wisebeche , in manner and form aforetime used .

And they said , that there is another great occasion of the drowning of the said Marish grounds , by reason of the decay of the said old Sewer in Upwell aforesaid , called Maide lode ; and a part thereof called Ship lode ; the which Lode beginneth at Welney water , otherwise called the South branch , coming from Shrewysnest poynt aforesaid , and extendeth from thence unto a certain fen of the said Edmund Beaupre , called Weeke fen ; and from thence into a certain place in Helgay , called Shiplode Helgay house , and there into the said great River of Ouse : The which Sewer they say hath been most specially decayed , by reason that there hath not been kept a good Sluce of stonework or timber , with sufficient falling and hanging dores to the same , to stop out the Floudsilty waters : And also by reason that the same Sewer falleth not lower towards the said North Seas ; viz. at and against a certain place in Denver , called Denver hithe ; at the which place they think it most meet for to set and build the said Sluce .

And they said , that for the preservation of the said Sluce , there ought to be a substantial Clouse of stone work and Timber , with two sufficient drawdores to the same , to be set within half a furlong of the said Sluce , to stop the fresh waters aswell in the time of repairing the same Sluce , as to keep and preserve a sufficient portion of waters within the said Drayn , in the time of extreme drought .

Furthermore they said , that forasmuch as there hath not been a substantial Bridge over the said Sewer , called Maid lode , of the length of xx foot , next unto Welney water , so as the same water , at the entry thereof , might have full passage ; hath been in like manner a great decay of the said Sewer .

And they said , that the heirs of Richard Cranford ought to scour the said Mayd lode , next from the said Welney water , called the South branch , by the space of one furlong , at the widenesse of xx foot , and of sufficient depth . And next unto that , the Inhabitants of Upwell and Welney ought to dike the same , by the space of one mile , for certain lands , which they hold in common , call'd Dunthorn's fens , otherwise called our Lady fenns , and one other mile for their Common called Blakmereshall : And then the Landholders , belonging to the Prior of Fakenham , to scoure the said Lode called Shiplode , by the space of half a mile : And then the said Edmund Beaupre , for lands belonging to Beaupre Hall , in Outwell aforesaid , half a mile . And for his Mannour of Upwell , late ●●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 to Dounham brigge , unto Stow brink houses , to which place it ought to be vi foot in bredth at the top ; and from thence unto Staple were 8 foot in bredth , and of sufficient height .

And that the Inhabitants of Dounham , Wymbottesham , and Stow Bardolf , ought to maintain the same in manner and form aforesaid .

Also they said , that for the avoidance of the fresh waters , falling within certain several grounds and common Fens of Denver aforesaid , on the East part and South part of the said great River of Ouse , there ought to be made , at the costs and charges of the Inhabitants of Denver aforesaid ; and set at the said Hithe , one good and sub●●antial Sluce of Stone and Timber , with a falling dore , for the avoidance of the said Fresh waters , into the said great River .

And that there is an old Bank , extending from Upwell Towns end , by and through the Common of Upwell , called Neatmore , unto a place called Moule rech , next unto the Common drove of Upwell , extending from Upwell Towns end to Welney aforesaid ; the which Bank was made in the beginning , as it should seem , for the preservation of certain common and several Fens , called Neatmore , Low fen , Waxbeche , and Walsyngham fenns ; the which Fens amounting to the number of 2000 acres , by estimation , or more , be yearly drowned by the decay of the said Bank . And that the said Bank ought to be in height from the plain ground , one foot and a half ; and in bredth in the Foundation 8 foot , and in the top four foot in bredth : and that the charges of making and keeping the same , ought to be born by the Inhabitants of Upwell aforesaid .

And that there is another old Sewer , called Small-lode , between Upwell and Outwell aforesaid ; which beginneth at the great River in Upwell , called Northbranch , at a certain place called Welhirn yard ; and extending to Ingram's hirne ; and from thence to Seman's goole , in the same Town : Which Sewer ought to be scoured by the Kings Majesty for certain lands in Upwell aforesaid , sometime belonging to the Monastery of West Derham , by the space of three quarters of a mile . And then the said Edm. Beaupre , for his Mannour of Upwell ● and Will . Norman for lands sometime Iohn Aylesham's , ought joyntly to keep and scour the said Smal lode , from Ingram's hirne unto Seman's gole , by the space of a mile .

And further they said ; that where there be 4 several fields , in the Par●shes of Upwell and Outwell , viz. Plawfield , Churchfield , Budbeche field , and Sondy field ; the which fields be defended by great Banks , kept by the Landholders of the said fields , to their great costs ; they said , that by reason of the aboundance of waters falling within the said fields , it cannot be conveyed out of them unto the Sea , by any of the Sewers before-mentioned : for the avoidance therefore of the same fresh waters , there ought to be made , at the cost and charges of the same fields , two Sewers , the one to begin at a certain place in the same field , called Wadingstowe ; and from thence directly in a Dyke , by a certain Bank called Plawfield dike ; and so by a certain dike called Ba●dike ; and then in a dyke between the Common Droves of the one part , and the Lands of Robert Dannet Gent. on the other ; and so forth in a dike between a ground called the xxx Acres of the one part , and the lands of the said Robert Dannet and Anth. Cotton on the other part ; and so directly into a Pipe or Sluce of Stone , under the little River called the Small lode in Upwell aforesaid .

And the other Sewer to begin at Hilling drove in Plawfield aforesaid , and to pass in two Dikes , in both sides of the same Drove ; and so into the Common River called Hermite's Ee ; and from thence into a Dike between the Lands of Will . Walsyngham Gent. on both parts , under the Common Drove called Sprouter's drove ; and so in a dike between the said Drove on the one part , and the lands of William Norman on the other ; and from thence into the said Dike or Drayn at Bardrove ; and so into the said Sluce under the said River , called the Smal lode : and from the said Pipe or sluce unto the Dike belonging to the King , in right of the late dissolved Monastery of West Dereham , into the said field called Kirkfield ; and so in a Dike in the the same field , between the Kings lands on the one part , and the lands of Richard Fyncham Gent. on the other ; unto a certain ground of the said Richard's called Goddard's , and there to be made a Dam between the lands of the King and the Lands of the said R. Fyncham .

And from thence the same Drayn to extend in a Dike overthware the Lands of the said Richard , into a Dike of the same Richard on th' one part , and the Lands of the Heirs of Peter Bateman on th' other part ; and there to be made a Dam between the said Lands ; and from thence overthwart in a Dike , by the midst of certain ground of the King 's , called Anbell land , into a Common Drove called Dowes drove of th' one part , and the said Anbell land on the other part ; and there to be made a new Dam between the said Lands and the said Drove .

And from thence to extend in a Dyke between the said Dowes drove , and the lands of the King , called Derebought land , and the Lands late Walter Godard's , and one piece of Land called Howardyn , of the other part , directly into Kirkfield Ditch ; and then overthwart in one Pipe , or Gote of stone , under Dowes drove aforesaid , and so from thence in a Dike , by a certain pasture ground of Ric. Foulesham , called the xx . Acres on th' other part , and Kirkfield dike on the other ; and so in the said Dike into the Lands of Anthony Croftes , and there to be made a Dam , between the said Lands on the one part , and the said Lands called the xx . Acres on th' other part : And from thence in a Dyke of the said Croftes , directly by the said Kirkfield dyke , unto the Common Drove called Eche drove ; and there to be made a Dam , between the same Drove and the Lands of the said Crofte's , and there to enter into a Gote or Pipe of stone , under the said Drove .

And then in a Dike between the Lands of the said Croftes , on the one part , and Kirkfield Dike on the other part ; and there to be made a Dam on the other side of the said Drove , between the same Drove , and the said Lands of Croftes ; and so from thence in the said Dike of Croftes unto the Medow of William Norman ( somtime Iohn Curtis ) and there to be made a Dam , between the Lands of the said Croftes and the said Will . Norman , and from thence in a Dike between the said pasture of the said Will . on th' one part , and the said Kirkfield Dike on the other part , unto Kirfield Dike Corner ● and there to enter into a great Pipe of Stone and Timber , under the said great River , extending from Outwell Sh●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 ; Division of the Counties of Nor●f . & Camb. 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 a a Ib. f. 118. a. 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 . 13 Eliz.

And from the Horsho●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 ●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 Riv●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 Pigs drove , and Clows crosse to be made xi foot in height , and xii in bredth , by all the Landholders of the North side of Wysbeche and Leverington , taking menure for the same at liberty ; and paying for every Rode of menure in length and bredth xvi foot , and in depth 8 foot , xvid. to the owner of the land .

4. That Shofendyke , otherwise called Harhold , beginning at Clows crosse , and extending to Goredyke , in Newton , be made in height 8 foot , by all the Landholders in Leverington : And from Gore dike to Tyd thredding , in height and bredth as aforesaid , by all the Landholders in Newton : And from thence to Eegraynes , in Tyd S. Giles , in like sort , by the Landholders in Tyd S. Giles .

5. That the Conies be destroyed , which do hurt to the Sea-bank , beginning at Tyd gote and extending to Wysbeche Sluce .

6 That a Crest be made from Fytton bridg against the gole in Leverington , by the Landholders on the North of Wisbeche , to keep the water within the Bay .

6 That the Landholders in Iuly field make a Crest in Orech ( alias Mouth drove ) from the great River unto Black dyke , in height six foot , and bredth 8.

7. And that the Dean of Ely and Lord Berkley make a Crest in Tholomer's drove , beginning at the Fendyke , and reaching to Tholomers , in height and bredth aforesaid .

8. That the Landholders in Guyhirnfield do make a Crest from Blak-dike to Marytts brigge , of the like bredth and height : And from Maryts brigge to George Ramsey's house Corner , on the East part of the Sewer , to be made by the Landholders of Guyhirne field . From Marytts bridg to Tholomers , of the West side , by William Butcher , for his lands in Calves field , so far as his lands do extend , and the residue by the Inhabitants of Tholomer's drove . From Guyhirn Crosse to Blakdyke end , by the Landholders in Guyhirn field . From Blakdike end to Mouth drove by the Landholders of Iuley field : And from Mouth drove to Sondy dike ( alias Sorr●ll dike ) by the Landholders in Rummers field ; all of the like bredth and height .

9 That the Landholders of Munthforth field make a Crest from George Ramsey's corner to Dods brigge : Thence to Riche's stow , to be made by the Landholders of Guyhirnfield , William Butcher for Calves field and Munforth field . From Riches stow to Belymyll brigg , on the West side of the Sewer , the Landholders of Richey field : in height 4 foot , and bredth 8.

10 That Tho. Gardner , the heirs of Henry Repps Esquire , the heirs of Laurence Cade and Agnes Talbot , with their Coparceners , do make a Crest in Ratrow , from Tholomers drove unto Ratrow brigg , in height 4 foot , and bredth 8.

11 That the Lodebrinke in Murrow , from Priors brigg to Mill lane end , be made by the Tenants of the Dean of Ely : Thence to Houshold brigg by the said Mr. Repps and Tho. Gardner , and their Coparceners . Thence to Belly myll brigg by the Landholders in Richey field , in height six foot , and in bredth 8.

12 That the Landholders in Willake and Munforth field make a Crest in Galles drove from Dods brigg , unto Black dyke , in height 4. foot , and in bredth eight .

13. That the Heirs of Talbot do make a Crest in Mampasse , from Dodsbrigg , on the South side the Common Sewer , unto the East end of his Pasture , of the like height and bredth .

14 That Mil lane , from Tholomers drove , and reaching to Mill lane end to the Pipe in the Drove , be made in height four foot , and in bredth eight foot , by the Dean of Ely and Lord Berkley .

15 That the lands between Sorrel dyke and Bellymill dike , from Belly mill unto Newdike , otherwise called Sandy dike , do make Sorrell dyke and Bely mill dike , in height 6 foot , and bredth 8 foot .

16 That the Landholders in Sayrfield , make a Crest in Wallys gate , from Bellymill brigg unto Cheyneybrigg ( otherwise called Robbins brigg ) in height six foot , and in bredth 8 foot .

17. That the Crest beginning at Sorrel dyke , and extending to the Church stile at S. Maryes , ought to be made by the Lands , lying between Newdrove and the said Crest , in height 6. foot , and bredth 8.

18. That the Landholders in Nymans dole make a Crest in a drove , called Kilne house dike , from Pigs drove to Cheyney brigg , in height 6. foot , and bredth 8.

19. The Bevys dike , from Pig 's drove to Bevys crosse , be made by the Landholders of Inhamfield and Newfield , in height and bredth as aforesaid .

20. That Newdrove be made , by the Landholders of Newfield , from Sorrels dike unto Bevys dike , 4. foot high , and 8. foot broad .

21. That the Landholders in Hirnfield make a Crest in Fleming's drove , from Bevys drove to Bowman's drove , in like sort .

22. That the Landholders in Longland make a Crest , in Bowman's drove , from Bowman's Crosse , to Fleming's droves end , in height 6. foot , and in bredth 8.

23. That the Landholders in Briggefield , on the North of the River , make a Crest in Newfield drove unto Long drove end , in like sort .

24. That the Landholders of Fen-land make a Crest in Mill lane , from the great River unto Barton lane , in like height .

25. That the Landholders in Harvey field make a Crest in Faulle lane , from the great River unto Mill lane , in like height and bredth .

26. That the Landholders in Whitemathes , from Barton cros , alias Barton lane , unto Wisbeche lode , running to Callows bridg , ought to make a Drove called Giggs drove , in height 4. foot , and bredth 8.

27. That the Landholders of Nyman's dole make a Crest from Barton Crosse unto Barret's Brigge , in height and bredth as aforesaid .

28. That the Landholders in Flatmore make a Crest in Netledyke lake , from Leonards pipe unto Barton lane , of the like height and bredth .

21. That the Landholders of Gybesholme , and all the Lands between Barton lane and Pycks , make a Crest in Barton lane , from the great River unto Gydges dike , in height 4 foot , and bredth xij .

22 That the Landholders in Sondylond make a Crest in Pickards lane , and Mill lane ; from Mill lane end , unto the Dike between Leverington and Wisbeche , in height six foot and bredth xvij .

23. That vii acres , called Gallow land , make a Crest from Spittle Crosse uuto Whynney dike , in height 6 foot , and in bredth xii .

24. That the Lowfie●ds on the North side of the River of Wisbeche , from the Fendike to Bellymil dike , shall scour the Lode , from Belly mill to the nine hundred Briggs , as need requireth ; and thence to Evildike brigg , ( the nine hundreth to be Contributers ) And from Evysdike to the 4 gotes , all the lands on the North side the River , every man according to what he holdeth .

25 That a Close Shut be made at Leonards pipe , by the Landholders of the next fields : Another at Evysdike brigge , by the Landholders of the nine Hundreds , to keep the water from running into the Low fields .

26 That all Weres and Stampes from Guyhirne to Clows-crosse , or elswhere within any part of the Fenn , be xxiiij foot in the Were and the dore , and wider if need be , so that no water be stopped or straightned .

27 And from Clows Crosse unto the Northwest corner of Troknold , in the river called Old Ee ( alias South Ee ) the one half of the said river to be clensed by the Landholders of Troknold , and the other by those of Tyd S. Maries and Sutton ; and from Troknold field unto Marysh cote , the one half to be clensed by the Bishop of Ely and his Tenants , and the other by the Landholders of Sutton and Gedney , it being the division betwixt Cambridgshire and Lincolnshire . Division betwixt Cambridgshire , & Lincol●shire .

28. That Guyhirne gole be stopped .

29 That the Sewer , called the New leame , from Knar lake to Stanground , being so grown up that no water can passe in dry years , to the utter decay of Wisbeche river , be diked 30 foot wide , and 6 foot deep .

30. That the Landholders of Wisbeche do make a Shut at Fytton brdg , within the Town of Newton , to stop the water when need shall be .

31. That all the lands in Wisbeche on the North side the River , ought to clense the high lode of Wisbeche from the 4 gotes to Eydikes brigge in Leverington , in bredth xii foot , and depth four ; and repair seven Bridges in the Town of Newton .

32. That the great River of Wisbeche being greatly decayed , ☞ raised and filted up , by reason of the flowing and ebbing of the salt water ; for preservation therefore of the whole Hundred , that a Sluse be made in the said River at the Horshoo in Leverington , at the charge of all the Hundred of Wisbeche , or any other place , that shall take profit by it ; and to be made in bredth Lx foot , and depth x foot from Guyhirne to the Sea .

33. Also , that there be two new rivers cast of each side of the said great river of Wisbeche ; the one to begin at Guy hirne Crosse , and to extend to Kentoun's Corner ; the other at Tower house , and to extend unto Kekys mill ; which rivers to be xv foot wide apeice , and six foot deep ; and this to be done by the whole Hundred of Wisbeche .

34. And that for the better preservation of the high Fen dike and the Countrey , the Townships of Newton and Tyd S. Giles , shall , as oft as by any outragious tempests and waters it shall be in danger , rise and come to give their attendance , with the Townships of Wisbeche and Leverington , to watch for the preservation of the same .

35 That a Dam be made in the Lode at Hobs house , to the end that by the stopping thereof in dry years , the wa●er may the better descend into the great river .

Leverington .

36. That a Crest be made from Fytton bridge against the gole in Leverington , by the Landholders on the North of UUysbeche , that the water may run within the Bay .

37. And that the heirs of Richard Everard Esquire , shall maintain a dam in the xl acres ( lying between the lands late Geffrey Norman's , and the heirs of the said Mr. Everard ) to keep out the gool water from drowning of Parkfield and UUratfield .

38. That the Landholders of Harpfield and Sherefield in Leverington , make a Crest in a place called two Lanes ; beginning at Shofendyke , and leading to Blacklane , in height 6 foot , and in bredth 8.

39 That the Landholders in Southingham , in Leverington , make a dike called Overdyke , beginning at Bellmylne Briggs , and leading to Parson drove end , and thence to Meysbrigge by the Landholders of Northinham . And from thence to Blacklanffield , otherwise called Lady outgote , by the Landholders of Fenhalfield ; and thence unto Bond 's gote by the Landholders of Blacklanefield , in height 6 foot , and bredth xii .

40. That the Landholders of Rymersfild in Leverington , make a Crest in Pokle , beginning at South-gate , and so leading unto Birds drove , in height six foot , and bredth eight foot .

41. That the Landholders of Newfield in Leverington make and repair a Crest in Alinne drove , beginning at Bird's drove , and so leading to Newfield pipe , in height six foot● and bredth 8.

42. That the Landholders of Pokefield make a Crest in Mill lane , beginning at South gate , and so leading to the Pipe at Birds drove , in height six foot , and in bredth 8 foot .

43. That the Landholders of Richmund field make a Crest in Cattle dike , beginning at Newer's dike , and so leading unto Richmund pipe , in height six foot , and in bredth xij foot .

44. That the Landholders in Richmund field and Newfield make a Crest in Turnmeredike , beginning at Bond 's gote , and so leading to Richmund pipe , in height 6 foot , and in bredth xii foot .

45. That the Landholders of Longmeadow and Catfield , make a Crest in Oldfendike lane , beginning at Leonard's pipe , and so leading on to Cakerow hill gate , in height 4 foot , and in bredth 8.

46. That a gool in Northinham , and a gool in Southinham , shall be agisted and made , and the agistment thereof maintained by all the Landholders in Leverington ; the menure to be taken off the lands annexed , paying to the Owners iiijd. for every Rod.

47. That the Landholders from the High Fendike to Newlane , in Northinham , shall make Newlane in bredth xii foot in the bottom , and in height four .

48. No stops to be made in those Sewers of Southinham and Northinham ; but that the narrowest place be six foot wide ; that Boats may passe .

49. That the Landholders on the North of Wis●eche River , who drayn through Leonard's pipe , make sufficient a Crest , beginning at Leonard's pipe , and so leading by Popelane to Ives dike bridg , in height four foot above the water , and in bredth 6 foot . And every one to keep their Heddings and their Cloues on the West side of Popelane , according as heretofore .

50. That the Landholders of Out Newlands , in Leverington , make a sufficient Dam ; in bredth 8 foot , and height 6. at their lands ends at the North east side at the Windmill in Leverington , to keep out the water from running in Wisbeche lode .

51. That the Landholders of Southinham and Canonfield , make a Crest from Dike corner unto Over dike , in height six foot , and bredth eight .

52. That all the lands in Leverington ought to scour the high Lode from the Fendike unto the 4 gotes in bredth 12 foot , and in depth 4. And all Stamps and Weres therein ; to be pulled up : neverthelesse the Inhabitants to have a Common set in the said Lode , at a place called Richmond greene , from side to side , according to antient old Custome .

Newton .

53. That a Sewer be made in Longfield , in Newton , in bredth 8 foot , and depth 4 , between the lands of Ieffrey Colvile Esquire , and Simon Trove , and the lands of the said Mr. Colvile and Thomas Reynold , from Mill lane unto Medow lane .

54. That another Sewer be made in the midst of Longfield aforesaid , from the lands of Ieffrey Colvile Esquire , abutting upon the lands of Robert Roydan , unto the aforesaid , Sewer , to be in bredth 8 foot , and in depth four .

55. That all Fish taken at the 4 gotes , be converted to the use of the said gotes .

56. That the Heddings of Fytton Seacrofts be diked from Dods dyke unto Medow lane , in bredth 8 foot , and in depth 4.

57. That the Heddings of the lands in Fytton croft be diked in bredth 8 foot , and in depth 4. from Lowing's Fendike unto Dods dike .

58. That a Sewer be made by the Heddings of the lands in the midst of the old ......... viz. from Fitt●● Crosse unto the lands of Ieffrey Colvile Esquire , called Worthens Croft , in bredth 8 foot , and in depth 4.

59. That a Sewer be made on the South side of Worthens Croft , unto Dods dike , in bredth 8 foot , and depth 4.

60. That the Township of Newton , time out of mind , ought to repair a Dike called Lowings , otherwise called Blackdike , beginning at Fitton , and so leading unto Tyd Sea-dyke , in height 8 foot , and bredth xii .

61. That the Landholders of Iohn Clarke and Rolles field ought to make a Dam , at the East end of Iohn Clarke's land in Newfield , to keep the water of Newfield , from running into Rolles field .

62. That the whole Township of Newton ought to repair a Dike called Goredike , from Block's lane , leading to Shoffendike , in height 8 foot , and in bredth xii .

63. That all the lands in Newton , shall clense one Lode , called Newton lode , beginning at Fendike bridg , and leading to Pickerd's stile to the four Gotes , in bredth xii foot , and in depth 4 foot .

64. That the Landholders of Rolles field , shall keep their Clotes ; and the Landholders of Newfield , and all other fields that drayn that way , shall make their Heddings in Rolles field , from the lands of Iohn Clarke aforesaid , unto Dod dike ; and there to make a Pipe of four foot square .

65. That a Sewer be made in Newton from viii acres of ...... Drews , at Fytton gole , at the West end of meadow field ; and so all along by Medow lane unto West field , and so by Sim. Troves 8 acres ; and from thence by the Heddings of Mr. Colvile's xx Acres , and so over the Lane through a pipe to the Common Sewer of Newton , to be diked 8 foot in bredth , and depth 4 , every man against his own land .

66. That the Sewer in Fenlondfield , beginning at Starts gate , and so going into a Pipe lying over Franks lane ; and so to the mote of Geffrey Colvile Esquire ; and thence to another Pipe lying over the High way in the same Town of Newton , neer to the Common Sewer , be diked by all the Landholders that shall take profit thereby .

67. That all the lands in Newton do make a Dike coming from Shofendike ; beginning at Goredike , and so leading to Tyd thredding , in height 8 foot , and bredth 6.

68. That all Weres and Stamps , being in the high lode of Newton , from Shofendike into the 4 gotes , be pulled up .

69. That the Township of Leverington do make 8 Bridges in Newton , and one Close shut : which Bridges do lye towards the South ; the first at Stanfield's dore ; the second at the beginning of Black dike ; two at Leverington pipe , with 2 stone walls ; one at Lords lane ; another at Child's grave , otherwise called Taylors sheers ; one at Green dike ; and one at Start's dike .

70. That the Landholders of Leverington ought to make the Heddings in Newton , beginning at the burnt place in Fytton , and so leading unto Fen-dike Bridges ; and thence by Galls field unto Start's bridge , in height ... foot , and in bredth 8 ; taking menure , and paying to the Owner for every Rod , of length 18 foot , bredth 4 foot , and depth four foot , four pence .

Tydde S. Giles .

71. That all the Landholders in Tyd S. Giles ought to make a certain agisted Dike , called Shoffendike , from Tyd thredding unto Ee graynes , in Tyd , in height six foot , and bredth 8.

72. That a Bank called Ee dike ; and all Ee Banks from the said Eegraynes unto Tyd gote , shall be made of the same height and bredth , by all the said Inhabitants , saving against Hockfield , and other two places , called the Ee dike or Bishops dike : The which Ee dike to be made by the Bishop of Ely , and the others by the Lord of the said Hockfield .

73. That a petty Drayn be made in Newfield , beginning at Brown's bridge , at Newgate , leading by Broad gate , and Barngate , to the Bridge at Churchgate , in bredth 8 foot , and depth 4. by the Landholders on the North side of Newgate , bordering on the same Drayn .

74. That a petty Drayn in Somerlesue be scoured , beginning at the said Bridge at Church gate ; and by Church gate going to Littilbrigg , in bredth ... : .. foot , and depth 4. by all the Landholders in Somerlesue , and a Shut or Dam made at the said Littlebrigge , as oft as need requireth .

75. That all the Dikes lying against the North side of the Town drove , and under Old dyke and Fen lane , beginning at Skepgate brigg , and so by the Droves to Shofendyke , be scoured by all their Heddings , every one against his front , 8 foot wide , and four foot deep .

76. That a Crest be made in Towndrove , beginning at Gaunt's brigge , and so leading unto Cowstowe , thence unto Fen lane , and thence unto Ee dike , in height 6 foot , and in bredth 8 foot , by all the Landholders in Rylondfield , Carrow field , and Northlane field : And from Fenlanes end unto Shofendyke one Crest to be made in height and bredth as aforesaid , by all the Landholders in Elletfield .

77. That a Pipe be made in the same Bank a little from Gaunt's brigge out of the Lode , for the drayning of the Fen ; and not to run but at such time as it shall not surround any other lands .

78. That all the Wardikes in Tyd aforesaid , shall be barred at all times in the year , when need shall require , by the advise of the Headborows and Dike-Reeves of the same Town ; that is to say aswell Town drove , Fenlane , South dike , Tyd thredding , Blackdyke , and Beyslane , as all the other agisted Banks and Dikes .

79. That the Landholders in Tyd do make a Crest in Beyslane , beginning at Tyd Sea dike , and so leading unto Brown's brigge , in height 4 foot , and in bredth 8.

80. That the Landholders in South-field , beginning at the lands late Iohn Houshold , and abutting upon a certain land , called Beyse place , and leading unto Tyd Sea dike , ought to make one Crest upon the Sea dike ; beginning at Beislane end , and leading to Averie's trees , or Black dike , in height 6 foot , & bredth 8.

81. That all the Lands in Brodhest , abutting upon Haftcroft lane , do repair a petty Drayn , beginning at the Common Sewer ....... and leading by the said lane , unto Brassey lode , in bredth 8 foot , and depth 4.

82. That the Common Drove in Halcroft , beginning at Hall pasture , and so leading between the lands of Sir William Cordall Knight , and so by the said Lane , unto Welman's street ; and so into the old Sewer ; and so , by the Sea gate green unto Skepp's board ; and so by the Sea bank unto the Common Sewer , be clensed by all the lands lying upon the same , 8 foot broad , and 4 foot deep .

83. And that at the said Shepes bourd be made a Bridge , with a Close shut , or else a Dam , and the said place to be stopt at all times at the discretion of all the Head-borows and Dikereeves of the said Town .

84. That the Landholders in Ee dike field , from Black lane unto Mosse lane abutting upon Ee dike , make one petty Drayn , as oft as need shall require , at the North head of the same land , in bredth 8 foot , and in depth 4 foot , so that the water of the said field may have his course to the Common Sewer .

85. And that the Landholders of the same field , from Blacklane unto Barrow's greene , at the North head of the same field , ought to make one petty Drayn , in bredth 8 foot , and in depth 4 , that the water may passe into the Common Sewer .

86. That one Sewer be made at the East side of Crosse gate , beginning at Thack ..... a little from Chaucheon's bridg , and so leading through a Pipe at Black lane unto Black .... and so to Garreds lane end ; and so through Seagate greene unto Helgay's gote , 8 foot wide , and 4 foot● deep , by all the Landholders thereto adjoyning .

87. That all the Landholders in Hurnefield , make one Crest ..... in Broadgate , at the North side of the Common Sewer there● from Sheppers gate bridge , unto Hubberds Corner , in height 4 foot , and bredth 8.

88. That all the lands in Cockley field ought to make one Crest in Bottel's lane , from Bottel lane brigg unto Ee dike , in height 4 foot , and in bredth 8.

89. That all the Landholders in Fendyke field , make one Crest in Blacklane , to begin at Tubbesbrigge unto Bottlebrigge . And in like sort the Landholders in Cockley field to make one Crest in Ey gate , from Bottel brigg unto Ee dyke , in height four foot , and bredth .....

90. And in like manner the Landholders of Carrow field to make one Crest there .

100. That the whole Township of Tyd do make one Shut or Dam in Brasselode Dam , in the Sewer ; and one other Dam at Dike Landam : And another ..... head Acres under the Sea dyke , with Shuts to stop out the salt water . And also a Shut at Hornelanes end ; another at Foster's dam ; Another at Thursley bridge ; Another at Tubbes brigge ; another at ...... Bridge in Kyrklane : All which to be stopped , by the Assent of the Headborows and Dikereeves ; when need shall require .

101. That the Landholders of Tyd ought to keep two Wardikes ; viz. Tyd Eedike and Thredding ; beginning at Averey's trees , and so leading to New fendike , alias Shoyfendike ; in height 4 foot , and bredth 6.

102. And another Wardyke , called Black dyke , and Skeppers gate , to be made by all the lands , between the East side of the said Dike and the Sea-bank ; and by all the Commoners of the said Town : Which Dike beginneth at Averey's trees , and so leadeth to Tyd bridge , to be made in height 8 foot , and bredth 12.

The Presentments of Elme and Coldham are wanting . Upwell and Outwell .

103. That Henry Cowper shall make his Bank in Upwell aforesaid , from Lakebrigg unto Dods stile , otherwise called Sewell's clout , as the Abbot of Bury hath done before his time , which Bank to be in height 6 foot , and bredth 8. And that there shall be two good lawfull Gates , between the said Lakebrigge and Dods stile , for passage of people .

104. That all persons having lands in Budbech field in Upwell , ought to make their part of Green dike from Dod's stile , and so to the Stony Crosse , at Sumpter's dore , every man his part , 8 foot broad on the top .

105. That the Sewer called the Chayre in Upwell more , beginning at the great River of Welle , and descending unto Coxecote tree ; thence to Darsey lode , and so to Welney River , be scoured in bredth xvi foot , and depth 6 foot , by the Bishop of Ely for his part , Edm. Beaupre Esquire for his part , and all others that have been charged heretofore .

106. That Fryday lake and Magglake , in Outwell and Upwell , be clensed by the Inhabitants of both the said Towns , in bredth ....... foot , and depth 4 foot .

107. That Bishop's dike , which beginneth at Sewell's clout in Upwell , and thence extending to Langbeche , ( which lyeth in Elme ) ought to be made good by all the Lands of Upwell .

108. That a pair of Barrs be kept at Sewell's clote .

109. That every Were and Dore in the great River , be xxiiii foot wide , or more , and all other Rivers and Dra●ns in the Hundred of Wisbeche , xviii foot in bredth or more .

110. That Budbech Sewer , beginning at Broad Common , and coming to Pyes drove , and thence going to a Pipe at the house of Simeon Fyncham , being decayed and grown up , be clensed in bredth x foot , and depth 3 foot , by all the Landholders of the said field .

111. That the Sewer called Newdike , lying in Buriall field , in Outwell ; beginning at the East end of a Wood sometime Hilbrond's , and descending unto the Chapel-bridg , and thence to a Pipe at the Stone crosse , at the dore of Ric. Sumpter , be clensed ; and that there be a Sluce set at the Bridge at the house of Iohn Chambers ; and then that the Bank at Mildam being cut , the water may passe to the River called the Salt Ee.

112. That in the watering place in Elme marsh , be made a Pipe of stone , with a Sluce that may stop the water , when it is high in the River of Elme , so that it descend not backward .

113. That a pair of Barrs be set up at Dod's stile ( alias Seywell's Clout .

114. That a Dike called Brokendike , lying in Elme . ..... upon the East side of the Salt Ee , be made in height ...... foot , and bredth xii foot , by the whole Country of Marshland .

115. All Weres and Stampes within the Hundred of Wisbeche to be pulled up .

116. That if any person be negligent in making or repairing their Banks , or in scouring their Drayns , within the said Hundred of Wisbeche , according to such Orders as they are bound to do ; that it shall be lawfull for the Dikereeves of every Town , to cause them to be made ; and being so made , to distrain any lands of every such person so neglecting . And if he be not stramable , then to distrain upon any other his lands lying within the said Hundred of Wisbeche , or elswhere within the Realm of England , ☞ and to sell the distresse , paying to the Owner the overplus , when the charges and expences are deducted , according to the Laws and Statutes of this Realm .

117. That new Agistment Books be made by the Headborows with the Dike-reeves of every Township .

118. That all pains forfeited , the moytie of them to redound to the Bishop of Ely and his Successors ; and the residue to be bestowed upon the Banks , Barrs , Crests , &c.

119. That the Bank , beginning at the Horshooe , and so leading directly to the Town of Wisbeche ( which is the defence for the East field ) be repaired by Thomas Orrell Esquire , from the said Horshoo to Leverington Wardyke , and to be made higher by three foot .

120. And that Guyhirne gole be banked with a Bank of xvi foot , and in height x foot , by all the lands lying in Wisbeche , between Sorcel dike and the high Fendike .

On the 12th of Iuly , 13 Eliz. in the same 13th year of Q●een Eliz. reign , it was thus ordered b b Ex. cod . MS penès G. Go●dard Arm. by Robert Bell , Ieffrey Coleville , William Hunston , Robert Balam , William Brian , Richard Nicholas , Thomas Hewar , and Henry Hunston Esquires , Justices of Sewers for the Countrey of Marshland , in the County of Norffolf , and for the Borders and Confines of the same ; viz.

Forasmuch as Bishops dyke , within the Isle of Ely , is greatly decayed by the abundance of fresh waters , which hapned this last Winter ( the like whereof was never seen within the remembrance of man ) to the great decaying and impairing of Broken dyke , being one of the defenc●-Dikes for salvation of the whole Country of Marshlande , to the great peril of the drowning the said Country of Marshland , and to the utter undoing of all the Landholders of the East side of Elme , between the said Bishop's dike and Broken dike , if the said Bishop's dike be not sufficiently repaired and amended in time the experience wherof was too manifest this last winter , to the great losse of a number of the Queen's Majesties Subjects , the misery whereof is unspeakable ; it is therefore condescended and agreed by the said Justices ;

That the Landholders of Elme , within the Isle of Ely aforesaid , between Nedeham dyke and Broken-dyke ; aswell , for that the Countty of Marshland may the better repair and maintain the said Broken dike , this last Winter decayed by the means of the overflowing of the said Bishop's dike ; as also to be without charge of making and defending of the said Broken dike , the said Broken dyke being maintained ; which cannot be , if the land there remain surrounded still , and so thereby no profit to be reaped by the Owners of the same land ; shall have license to issue out the water of Oldfield , between Needham dike , and Broken dyke , at the Gote or Pipe already laid on Broken dike , not far distant from Blewick's house ; and to issue into Marshland , by the direction of Mr. Balam , Mr. Hewar , and Mr. Henry Hunston , through Emneth and Walsoken , in the highest parts of Marshland .

Provided , that when it shall be thought by any two of the Justices aforesaid , or by any four of the chiefest Landholders of the Country of Marshland , then resiant within the said Country ; that the same water running underneath Broken dike , is hurtfull to the Country of Marshland , or to any part thereof ; or that it shall be perceived by any two of the said Justices , or by any four of the chiefest Landholders of the Country of Mershland aforesaid ; that the Charge bearers of Bishop's dike be negligent in the well defending the said Bishops dyke ; or that the Landholders of Oldfield do not sufficiently from time to time , maintain and keep Needham dike ; or lay any Gotes or Pipes in any place of the said Needham dike , to issue any water from any part of the South side of the said Needham dike ; or that any water is received into Oldfield , by any way or device , to the intent to utter the same at the Gote in Broken-dyke , other than the downfall of the Ayre falling into the aforesaid Oldfield : that then , and at all times afterwards , it shall be lawfull for any of the Inhabitants of the Country of Marshland , so to cease the running of the water through the same ; any thing mentioned in this Order or Law to the contrary notwithstanding .

Or if the owners of the lands , which do lye between Needham dike and Broken dike , or any of them , do refuse to bear and pay all and every such charges to Knight's goole , or to any Sewer leading thereunto , as the other lands in Marshland do , according to the number of Acres ; and the same to be paid to the Dikereeves in Emneth .

Or if the Owners and Landholders of Oldfield , do not from time to time , well and sufficiently repair and maintain , aswell the said Gote or Pipe , lying underneath or through Broken dike ; as also as much of the Bank or Dike , called Broken dike ( alias Oldfield dike ) as the same Gote or Pipe is in length or bredth : Or , if the same Gote have not two strong dores , viz. at each end one , always in readinesse to be shut or stopped when occasion shall serve , at or before the day of S. Michael the Arch Angel next ensuing the date hereof ; and from time to time thenceforth to continue and keep the same in good reparations ; or else to cease , as is aforesaid .

At a Session o o Ex co● . MS. pen●s pr●f . O. ● . Iohn cap. Ju●●ic . de Banco f. 137. a. of Sewers held at Wisbeche 22 Apr● xvi Eliz.

Ordered , that the Causey called Norwol dam shall be raised with gravell three foot higher than it is , at the costs of the Hundred of Wisbeche ; saving a way to be left of xii foot in bredth , 16 Eliz. with a Bridg over the same as heretofore hath been accustomed ; which Bridg to be made at the costs of the Bishop of Ely .

Also , that Longe's drove in Elme , shall be made sufficient to keep out Says field water , by the Landholders of Oldfield .

In An 1576 xviii Eliz. was the first d d Ib. ● . 164. a. Improvement of Needham & Buriall fields ( lying within the Precincts of Upwelle ) by an Agreement of the Landholders there , on the xxiiiith day of Iune , 18 Eliz. in the same year ; at which time they setled an Acre-shot of six pence the Acre , for defraying the charge thereof .

And about two years after this , at a Session of Sewers held at Erith brigge , viz. 4ᵒ Augusti xx Eliz. it was ordered e e Ib. f. 137. b. by the Justices ; that there should be a Bank made from Marysse dike unto Bishop's dike ( alias Lovedays dike ) over the River of Elme , to be in height eight foot , 20 Eliz. in bredth xii on the upper part , and in the bottom xxxii foot : as also a Clouse at Marisdam ; but so as Boats might passe through the same . And likewise , that the Bank beginning at Ke●ismill , and extending to Guy hirne ; and so by Coldham to Fryday bridg in Elme , should be repaired , so that the height thereof might be six foot , the bredth in the bottom xxiiii foot , and at the top 8 foot .

At a Session of Sewers held at Wisebeche upon the 12th of Iuly in xxiii Eliz. it was thus ordered f f Ib. ● . 138. b. ; that whereas the Common , called Ladwers , lying in Elme , is drowned for want of a Crest , that there be a Crest or Bank made , 23 Eliz. beginning at Tylneyhirne , and so leading to the New Leame ; thence by the River of Nene to the Horshooe ; thence to Marmond land ; thence to the West end of Langbeche , adjoyning unto Bishops dike ; which Bank to be xii foot in the bottom , in bredth 4 foot at the top , and in height 5 foot . And that the Sluse upon Marys dam shall be taken up ; and when the said Bank is made , then to be set at New Leames end . As also a convenient Tenement built meet for a man to dwell in , for the keeping of the same . And it was likewise then ordered g g Ib. f. 139. a. ; that the Towns of Upwell aud Outwell , should from thenceforth be discharged from any diking in Wisbeche river , unlesse by the goodnesse of the Drayn their lands do take benefit thereby .

And in the same year , in another Session of Sewers held at Wis - , beche 14 & 15 Sept. before Iohn Peyton Geo. Carleton , Humfrey Michell , Thomas Hewar Esquires , and others , there was this following Decree h h Ib. f. 139. b.

Whereas the great River of Wisbeche is , by this our Law , ordered to be digg'd for the better grinding of the Chanel low to the Sea ; ●3 Eliz. we find , that Elme River , called also Elme Ee , ought to be in like sort digg'd . But whereas that part of the said River , extending from the Floudgates in Elme to Wisbeche Sluse , hath been doubted in former Sessions for Sewers , who of right ought to dig the same : and that thereupon , in a Session held 18ᵒ Martii 23 Eliz. we find that service laid upon the whole Hundred of Wisbeche : we now , upon Record shewed forth before us , bearing date the 6 Dec. ... R. 2. that Wisbeche from Stone Crosse ( otherwise called Spittel Crosse ) to the Sluse , should make and maintain the Sea-bank . And also in a Session for Sewers held the Thursday before S. Mathew's day , 25 H. 8. that from the Floudgates in Elme to Spittle Crosse , the Township of Elme should dig , and scour the same ; and from Spittel crosse to Wisbeche Sluce , the Township of Wisbeche to dig the same : we ordain ;

That the said River called Elme Ee shall be scoured ; viz , from Wisbeche Sluce to Spittel Crosse ( being the division between Elme and Wisbeche ) by the Township of Wisbeche ; and from Spittel Crosse unto the Floud-gates of Elme , by the Township of Elme ; and from the said Floudgates unto the Townbrigge of Elme , by the Bishop or his Fermour of Braunc●mere ; and from the said Townbridge of Elme to Frydaybrigge , by the Queens Majesty for her lands late belonging to the dissolved Monastery of Crouland : And from Fryday brigg to Marys dam , by the Lord of Coldham : And from Marysdam to the cutting over the Old Ee , by the said Lord of Coldham . Thence unto Branchmere by the Township of Elme ; in consideration that the said Township shall hereafter be discharged of all such like digging in and upon any the Commons of the said Hundred , Lodward excepted , & the Bishop of Ely for his length in Branchmere .

From thence to Levermere by the Township of Elme . Then for the length of Levermere by the Landholders thereof : Then to the River Nene by the Township of Elme .

And that from Marysdam , under Bishop's dike , unto Lakebrigge ; and so into Welle River , shall be diked from Lakebridge unto Swan pen two parts thereof by the ......... and the third by Richard Fyncham Gent. And from Swan pen to Langbeche by the Township of Upwell ; and for the length of Langbeche the Bishop of Ely . From thence to Gale dole the Township of Elme , Upwell and Outwell : And for the length of Gale-dole by those that have the profit thereof , to Marys dam.

Which digging , viz. from Wisbeche Sluce to Spittel Crosse , to be 4 foot deeper than now it is , and to hold xx foot in bredth : and the rest by that example . Saving that the River under Bishop's dike , between Marys dam and Well streme , shall not exceed xvi foot in bredth .

And we also ordain , that there be made a new Crest to begin at Tilney hirne , leading to the New Leame ; thence to the Horshooe ; thence to Marmound land ; thence to the West end of Langbeche , adjoyning upon Bishop's dike , to be made a Bank of xii foot thick in the bottom , 3 foot at the top , and five foot broad , at the charge of all the Inhabitants of the Hundred of Wisbeche .

And at a Session i i I● . f. 139 a. of Sewers held at Wisbeche 26 May 29 Eliz. it was presented by the Jurors , 29 Eliz. that Norwold Causey , being in decay , ought to be raised 5 foot higher than it was at that time , and in bredth 8 foot on the top , at the charge of the Landholders of the whole Hundred of Wisbeche ; and a Bridge of xii foot in bredth at the higher end of the same Causey , at the charge of the Bishop of Ely . Likewise , that the Watercourse on the South end of Wisbeche , should have it's course under the great River of Wisbeche , through the xiC Bridg , and so by the high Lode unto the 4 Gotes : And that the waters in Fen end in Wisbeche , which have their course by the High lode , from Leonards pipe unto Evysdike bridg , by a cut through the Bank at Leonards pipe , shall have their course in Pope lane lode , unto Evsydike bridg , and so to the four Gotes .

At another Session k k Ib. ● . 164. ● . of Sewers , held also at Wisbeche 10 Oct. 31 Eliz. 31. E●iz . by Sir Iohn Peyton Knight , Nich. Hare , Iohn Colvile , Iohn Reppes , George Carleton , Thomas Hewar , Charles Balam , Richard Buckworth , and Alex. Balam Esquires , Commissioners of Sewers , then constituted , it was thus decreed ; That whereas the Fen , called Needham and Buriall Fen ( lying in Elme and Welle ) had antiently been drayned into the little Lode in Welle , called the Sholle , at the Stone Crosse ; and so by Welle River , descended into Ouse at Salters lode : but then , having no descent into the said ●ittle lode , by reason that the height of the water therein was 2 foot above the Level of the same Fen : And whereas the Landholders in the same Fen , having , to their great charge , procured a new Drayn , passing under the Bank called Greendike ( where they have erected a Sluse for that purpose ) and from thence by a Sewer upon the East side of Meares drove , by another Sluse , by them likewise erected at Stow-sted , to stop Nedham water for running into Budbech field , where the said Sewer taketh its course into the Drayn of the same Budbech field , and so continueth therein , by and through a Pipe lying under the said Little Lode of Welle ; and thence passeth to Hodg hirne corner , where they ( by the consent of Sir Robert Bell Knight , late Lord chief Baron of the Exchequer ) caused a new Sewer to be made through a several ground of the said Sir Robert , called the Fences , and Bardolph fen , by the space of 2 miles , or more , in length ; and from thence , by the consent of Nich. Hare Esquire ( Lord of Stow-Bardolf ) did carry the one half of the said Sewer called Common lode , between divers severalls , lying in Stow Bardolf aforesaid on the North , and the Common Fen belonging unto Stow Bardolf , Wimbotesham , and Dounham on the South ; and so through another Sluse ( lately also erected by the before-mentioned Landholders ) into the River of Ouse : And whereas the said Sewers and Sluces , were found to be most beneficial for the drayning of the Fen above-mentioned , the said Commissioners ordered that they should continue for ever , and be maintained from time to time , by a Common Acre-shot upon all the lands in Nedham & Buriall aforesaid .

Which new Sewer for Nedham , doth from Hodghirne , before-mentioned , to Ward brigge , in Stow , contain Lxxii Rode and a half : And from thence to the Sluse by Ouse Cxiiii Rods and a half .

And they then also decreed ; that for taking away of the Sock of Bishop's dike , and better drayning of this Fen , a Drayn should be made under Bishops dike , within the said Fen , xxx foot , at the least , from the said Bishop's dike , in bredth x foot , and depth ..... the menour whereof to be cast towards Bishops dike : The which Drayn to begin at Fenbridge , and to go to the Barrs that part the Fen , in the possession of Alex. Baalam Gent. &c. thence to a pair of Barrs standing on Bishops dike , next to the West corner of Malles fen ; then to the Drain called Langbech , thence to Dods stile , and thence , under Greendike to the Sluse lately erected at S. Christopher's Chapel .

And that there should be another Sewer made from Hall's fen to the said Sluce at St. Christopher's Chapel .

And likewise that an antient Sewer ( belonging to the said Fen ) called Knights dike ; beginning neer Benford's Hall ( now Mr. Alex. Balaam's house ) and so passing under Needham dike on the North , so unto Elme drove , and thence to the Drove in Buriall field , neer S. Christopher's Chapel , should be kept and maintained , in bredth xii foot , and in depth five . And moreover , that the agisted Dike , called Ea brinke , beginning at Needham dike , and extending from Maryes dam unto Dod's stile , should be from time to time repaired .

And that for default in payment of the Acre-shot , the Dikereeves to levy for every iiiid. by them expended , vid. and for every iiiid. unpaid to levy vid.

Likewise , that an Indike be made on the North side of the Sewer , extending from Hodghirn● 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 l l Ib. f. 168. b. holden at Lynne Regis , ult. Sept. 33ᵒ Eliz. before Sir Iohn Peyton Knight , Nich. Hare , H●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 , no● 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 m m Ex bunde●lo in Cap●lla Rotulorum n. 27. 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 , ●●atmore Law . Nene , Ouse , and Weland ; but the land-waters from the Counties of Hunt . Northampton , Cambr. and Nor●f . and some part of Suff. which border upon the Isle of Ely , 39 Eliz do stay in the Fenny grounds of the said Isle &c. forasmuch as neither the several Rivers , nor the other streams that are fed with the same , as March stream , the New Leame , the West-water , and divers Lodes within those limits , be sufficiently clensed , not imbanked for the ready conveyance of them to the Sea ; by means whereof the Out-ring Banks of Deping , Croyland , and South Ea in Com. Linc. and the Fen dike , Waltersey Bank , Bishop's dike , Elme Ee brinke , Coldham , and Redmore Bank , in the said Isle of Ely , and the out-ring of Marshland ; as also the New Pow●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 and Maid lode , on the West head thereof . And lastly , that the Dikereeves should levy iid. for id. upon all that did make default in paying of their proportions ( according to the Custome of Mershland ) And if the Dik●reeves should be remisse , then the Commissioners to levy the said iid. for id. and id. upon the said Dikereeves , besides .

Which Acre-shot being not paid by the said Sir Iohn Payton and his Lady , and Edmund Bell Esquire , as it was decreed by the before-specified Commissioners ; there was a Session of Sewers held at Sechie , in Com. Norff. upon the eighth day of May , the next ensuing year , 40 Eliz. by Francis Gawdy Esquire , one of the Queens Justices of the Pleas , before her self to be holden ; and in that Session a demise , n n Ib. n. 26. for thirty nine years , made unto Will . Ingelbert , and others , of divers lands , belonging to the said Sir Iohn , Dame Dorothy his wife , and Edm. Bell ; to the end that the said Will . and his fellow Lessees , should out of the profit of those their lands , make performance of what had been so decreed , by those Commissioners .

And at another Session o o Ib. n. 25. of Sewers , held at Dounham , in Com. Norff. upon the xx of Sept. in the same year , by the said Francis Gawdye , Edmund Bell , Clement Spelman , Edmund Moundeford , Iohn Reppes , Thomas Hewar , Thomas Oxburgh Esquires , and others ; recital being made , of the Laws and Ordinances , for drayning the Fens and Marshes before-specified ; the said Commissioners decreed ; that Will . Engelbert , Iohn Watts , and others , and their heirs and assigns , being undertakers for the said drayning ; and to keep and maintain the same , being perfected ; should have the full moytie of the said Fens so drayned , which lye and adjoyn to the said Lode , called Maid lode ; and likewise the moytie of all the several grounds , wherein no Common is or ought to be enjoyed , within the said limits between London lode and Mayd lode , and other the Precincts aforesaid , except of the several grounds of Sir Iohn Payton Kt. Dame Dorothy his wife , and Edm. Bell Esquire , or any of them , within those limits .

After this , at another Session p p Ib. n. 19. of Sewers holden at Sechie aforesaid , upon Wednesday in Easter week , being the xi of April , in the xli year of the said Queen , by the said Francis Gawdy , Clement Spelman , and others ; recital being made of those Ordinances established in the former Session , before noted , held the 29 of Sept. 39 Eliz. for drayning the Marsh-grounds in Upwell before-specified , by a lode called London lode ( provided for the drayning of Neatmore , and certain grounds adjoyning ) on the North part , and the drayns called Mayde lode and Ship lode , on the South : whereby the Banks were appointed to be xvi foot broad at the bottom , in height five foot , and in bredth at the top four foot : as also the Dikes five foot deep , and in widenesse at the top xxx foot , for the first two miles● and for the next two miles xxv foot ; and for the residue of the same and Shiplode xx foot , with a Level bottom unto the Sluse for the same , at the River of Ouse , which Sluse to be xii foot wide , the one moytie to be done at the charge of all those as had interest of Common in the same ; and the other moytie to be done by the Inhabitants of Upwell , for the residue of their Common , called Neatmore , lying without the limits aforesaid imbanked . And , that aswell every Acre of several ground , as that wherein any had interest of Common , lying within the Precincts above-mentioned , was assessed at ten shillings the Acre , towards the erecting of the said Sluse , heightning of the said Banks , and making of the Drayns or Lodes , called Maid lode or Ship lode , and the said moytie of the said Drayn , called London lode : and that the lands of such as were so taxed , and in default , to be sold ; the said Commissioners , by virtue of the before-specified Ordinance , did decree , divers lands to be accordingly sold , for such their default in payment of what the owners of them had been so assessed and taxed .

41 Eliz. Extracted out of a Certificate q q Ibid. n. 20. of certain Commissioners assemled at Upwell , 24ᵒ Sept. 41 Eliz.

1. That the Bank sometime called the Crest , but now Turk-banke , lately re-edified for the defence of the waters out of the Fen ●in Upwell , lying betwixt Mayd lode and London lode , will be of great advantage to many of her Majesties subjects ; for besides the improvement of the whole grounds imbanked , which are esteemed 4000 Acres at the least , from id. the Acre , to 3s. 4d. or more , there ariseth an improvement of a great number of Acres in Denver ; and likewise the defence of the Banks of Plawfield and Churchfield , in Welle , which were heretofore much oppressed with water : as also of the new Podike , against the fresh waters .

2. That this Bank● called Turkes banke , was erected about two years since : but there was long before , and yet is , an antient Bank or Causey , neer the said new Bank , called Turks banke , and on the West side thereof , towards the Isle of Ely : which Bank was originally made for defence of the waters coming out of the said Isle , from overflowing the grounds now imbanked , and other adjoyning grounds ; and for a way and passage for footmen between Welle and Welneye .

3. That there hath been of antient time ano●her old Bank or Crest , called the Common drove , on the West part of the said old Bank , towards the said Isle , adjoyning unto the River of Wellenhe , being the division between the said Isle of Ely and Norff. Which said Bank was made for keeping those waters of the said Isle in their antient and right course .

4. That it appeareth by certain Court Rolls and Records , that divers persons have been amerced and fined in the time of K. Edw. 1. and since , for cutting of the said Bank , whereby the said River of Welneye was turned out of his right course ; and whereby the grounds on Norff. side , confining upon the said River of Wellnye ( part whereof is now inned ) were surrounded .

5. That after the Drayns called Mayd lode and Ship lode are perfected ( as by a Law of Sewers is provided ) the Inhabitants of the said Isle , and other the Countries confining , shall receive much more benefit , and be better drayned , than before the inning of the said grounds and erection of the said Turks banke , they have been .

41 E●iz The Presentment r r Ibid. n. 23. of the Iury for the Isle of Ely , made 25ᵒ Sept. 41ᵒ Eliz.

1. That the Bank called Turks banke , containing in compasse about xv miles , will be a great hinderance to the fall of many waters , flowing towards the Sea through the Isle of Ely , it being planted between the two most natural Drayns on that side the Isle , at the meeting of many waters , flowing out of Neene , Ouse , and other streams , falling by Dodington and March &c. and so turneth them unto the other side of the said Isle , towards Litleport , and the Countries thereabouts ; where , falling into the Ouse , they stop the waters naturally flowing into those quarters from that ordinary Drayn &c. Whereupon complaint being made unto Mr. Justice Gawdy and other Commissioners of Sewers , sitting at Sechie in Com. Norff. xi of April last past , it was by them ordered ; 1. That the said Turks banke should be presently cut . 2. That Small lode , London lode , and Mayd lode be sufficiently scoured by the Inhabitants of Welle and the Londoners . 3. That Mayd lode be made xxx foot wide ; at the mouth xxv , and xx foot at the Slu●e , with Sluses to carry it ; and five foot in depth ; and so to be maintained by the Londoners , as need shall require .

Whereupon on May day following , the said Bank was cut in many places , by reason whereof the water ran so forcibly through the said Cuts , that for the space of x or xii days after it sucked in divers Boats and Vessels passing that way .

And it was farther presented , that a little without the upper end of this Bank , there hath been a Crest , for people to travel on , from Welney , to Welle , in the Summer time when the waters are down : for which cause the said Church-path being about fifty years past made of more strength and height , than in former times , by one Mr. Beaupre ; the same was , not long after , cut down in many places , by the expresse command of Bishop Goodrick , then Lord Chancellour of England , and Bishop of Ely .

In 44 Eliz. there was an Agreement , bearing date the xx of March , made by Indenture , between Sir Iohn Peyton K● . Dame Dorothy his wife , and Edmund Bell Esquire , then owners of the Mannour of Upwell , Iohn Richardson and divers others who were at that time the major part of the Commoners and Inhabitants of Upwell aforesaid ; and Iohn Watts Citizen and Alderman of London , Sir William Cokain of London Skinner , and others , for the drayning of divers Fenny VVasts and Commo●s , containing about three thousand acres , lying in Upwell , between a certain Drayn called London lode towards the North , Maiden lode and Ship lode towards the South , and towards the VVest adjoyning to and upon the Causey-bank extending from London lode to Welney ; and towards the East upon Denver Common ; for drayning and maintaining whereof they were to have conveyed unto them , their heirs and assigns , one full moytie of the said wasts : Whereupon with the expence of great sums of money they did accomplish the work , and accordingly had the said moytie thereof set out for them ; which they enjoyed for divers years , till about the latter end of King Iames his Reign , that the Fen-waters broke their Banks and drowned all again : the Country people then turning the Adventurers out of their possessions ; which they kept , till Francis late Earl of Bedford be●ame the principal undertaker for draining of the whole great Levell , and did perform the work . But afterwards his said drayning meeting with some disasters , the whole Levell became totally surrounded again , and so continued untill William Earl of Bedford and his Participants , did in the year 1649. undertake to drayn it anew ; which in four years time he perfected ( as I have elswhere more fully shewed ) VVhereupon Sir Iohn Watts Knight , and some others , who claimed under the first undertakers before-mentioned , were restored to the possession thereof .

At a Session s s Ex praef. cod . MS. penes O. S. Iohn cap. Ju●tic . de Ban●o . f. 169. a. of Sewers , held at King's Lynne 1. Octob. 7 Iacobi , before Sir Raphe Hare , Sir Thomas Hewar , and Sir Henry Spelman Knights , Iohn Reppes , Thomas Oxburgh , 7. Iacobi . Thomas Athow , Rob. Gawsell , and Richard Bachcroft Esquires and others , it was ordained , that the Decree made for the drayning of Needham fen , and Buriall field , the tenth of October 31 Eliz. should be confirmed in all points ; and an Acreshot of xd. the Acre imposed for the speedy redress of all defaults , in the said Drayns , Banks &c.

Certain Observances made upon the Marshes , below the 4 Cambridgshire Gotes , of the outfall of Wisbeche River , and certain Creeks there , with their Sands and Deeps ; by Richard Atkins of Utwell Gent. in June 1605. 3 Ia● .

WIsbeche Chanel falleth , from the 4 Gotes Eastward , down by Walpole Marshes , on the East and South , to Crosse-Keys Corner ( alias Gates-end Corner ) and from thence passeth towards Tirington Bank ; leaving to the Southward , an high Skore of Clay ( the only preservative of the Town : ) And when it hath run East , as low as against the Beacon , then doth it turn flat North under the Sand called Tirington brest , lying on the East of the Chanel● and so continueth Northwards , by the said Brest , by the space of 5 miles ; and there falleth into Blow deepe .

It is to be observed , that upon every flow , there commeth from the North out of Blow-deepe , a Tide , which runneth along Tirington brest on the East side , and a Sand called the Thief , on the West : And out of the West , from a Chanel called the Maids Eye , commeth another tide ; and both these do meet within a mile of Tirington banks ; and so meeting , do make great Seas there : And many times , when the wind is at West or North , the Seas rise there higher than they do ten miles off at Sea . These two Tides , thus united , with violen●e run right upon Tirington banks ; and but that God of his mercy , hath there placed a Skore of Clay , containing not above a furlong in bredth , the Bank could not , in man's reason , stand the next 3 Tides .

This Skore of Clay , by the fretting of the Sea , dayly wasteth ; and the people of the place , not understanding what a defence it is to their Banks , continually bear away the same to the repair of those Banks , never foreseeing their destruction , if that Skore of Clay were once gone , and the Sea at the ordinary depth of his Chanel , suffered to come to the foot of the Bank .

Where Mayds Eye meeteth with Tirington deep ; at the very entrance thereof , at a dead low water , it exceedeth not 5 or 6 foot deep at this day ; and it hath been observed , that in a great drought , the whole mouth thereof of hath been stopped with sands ; but upon the next great fresh that hapned , all those sands have been removed , and the Chanel grown to the old course again . Here is a special observance to be made , Qui habet intellectum attendat .

Decursus namque aquae dulcis , viam praebet marinae : Oceanus interim , ex duobus his canalibus aestuans , fossata marina alatrand● , alluendo , inundando , & lacerando saepissimè gravissimeque ita excercet ; ut , deficientibus aggeribus ( de quibus malè sustentatis multùm doleo ) de finali perditione & dissolutione partium adjacentium , verisimiliter ( quod absit ) formidatur ; nisi & Hinc nascitur periculum & onus ; illico acquirendum est remedium & salus : Homines verò patriae cum plerique inertes sint & hebeti ingenio , in se invicem nuper pro fossatorum sustentandorum oneribus obruentes de remedio ex sublatâ causâ , ne somniare quidem possunt ; sed nec ingeniosos inertiamque suam desidiosam exosos , inter se vivere vix sustin●re possunt .

The head of the 4 Lincolnshire The 〈◊〉 how preserved from silting . Gotes is preserved ( especially in Summer ) by two great Finns brought of the Marshes just to the mouth of them , which in every Spring-tide affoard store of water to grinde down the Chanel ; whereof that on the North side is the more principal ; for the conducting whereof to the place of best advantage , the Leame is embanked on that side ●y some certain space ; that the tide on the Marsh cannot fall into it but by that Finne at the very head ; and there , by his plentifull descent scoureth , to good purpose , that which otherwise in Summer would be silted up : such penury there is of fresh waters in the Country at that time .

19. I●c . An. 1621. In 19 Iac. there was a Decree † † Ex bund●llo Decr●torum in Officio de Pettibag . made at Outwell , by the Commissioners of Sewers then fitting there , for levying the forfaitures and penalties imposed by the Jurors for the Hundred and half of Clakclose , upon the Landholders of Churchfield and Plawfield , ●or not making sufficient Sluses ; viz. one at the South end of the Pipe under Welle River ; the other in Plawfield Drayn , in the xxx . Acres of Iohn Fyncham Esquire .

2● . S●p. 8. c. r. An. 1●3● . And in 8 Caroli , there having been an Agreement made with Henry Dereham of London Esquire for the drayning of certain Fens , and surrounded grounds , lying in the Parishes of Tyd S. Maries in the County of Lincolne , Tyd S. Giles and Newton in this County of Cambridge , made by the proprietaries and owners of the said Fens , containing by estimation three thousand Acres : by which Agreement the said Henry was to make his Draynes unto the outfall , neer Eatts mere , into the Sea , so that the said grounds should be kept dry , at least one foot under the soil ; and for his charges therein , that a Tax of xls. the Acre should be imposed ; and in default of payment thereof , that the said Henry should have two fift parts of the said grounds upon an equal division thereof into five parts , to be established to him and his heirs for ever ; and a moity of the said two fift parts , to be set out to the said Henry and his heirs , for the maintaining of the said works , after they should be perfected : the said Agreement was fully ratified by a Decree made at Wisebeche upon the 20th . of September , the same year , in a Session of Sewers then and there held .

CHAP. XLIX .

HOlding on my course more Westwards , The Isle of Ely . I come to that part of this County , which is called the Isle of Ely ; the bounds whereof I shall next take notice ; and then of what else is most memorable touching the Fens , which do belong thereto .

The circuit of this Isle , saith the Register a a Pe●è● Henr. C●omw●ll ●rm . f. 67. b. of Ramsey , beginneth at Erith brigge , and from thence extends to Sutton grove ; so to Mepehale ; thence to Wichhome brigg ; thence to Ely Dounhom ; thence to Litisport ; thence to the Town of Ely ; thence to Haveringmere ; thence to Stratam lode ; thence to Anglongwesche , on the South side of the Isle ; thence to Aldirhethe brigge , and so to Erith brigge .

The entrances into it are these ; the first at Litisport ; the second at Stuntmere brigge ; the third at Alderhethe brigge ; and the fourth at Erith brigge .

Moreover it is to be noted , * * Ibid. that the Commons in the Fens of this Isle , Commons in the Fens of this Isle , how antiently bounded . are divided from those of Chateriz , at Snarissode : whence the Commons of Chateriz go on to Mepehale hee ; and so to Andelong bihee . Howbeit the Commons of Chateriz fen , to mow , cut and dig , beginneth at Dryebyresfen , and so goeth on , betwixt Arnyatesmere , and thence to Blakwell ; and from Blakwell to By Ee ; and from thence compassing Hunn Eye , unto Langereche ; thence to the River of Dodyngton ; then to Bil●ynge ; thence to Algaris-fen , and so over the fen , to Achinwerdore . But the pasture belonging to Chateriz goeth first to Dounham ; thence to UUycheham ; thence to Sutton , and so to Dodyngtone and Marche ; within which Precincts the Monks of Ramsey had enter Commom with Chateriz .

Belonging likewise to Chateriz are these Meadows ; scil. Crow lode , beginning neer Suth fen muthe , and extending to Hol lode ; which Meadow is compassed with waters on every side . And on the other side the water , from Park hale to Fenton , is UUelagh ; beside one piece which the Abbess hath .

The demesne Fen of Crow lode , belonging to the Abbot of Ramsey's Mannour in Chateriz , beginneth at Wolvey were , which standeth in the great River , neer to the place where Fenton lode descendeth thereinto , hard by Horshithe ; and so goeth on , in length , by the said great River , Southwards , unto Croslode ● which Cros●lode is by some called Parkhale lode , but by others , the Draught : and farther extends it self , thwarting the Fen , to the West , by the Southside of the said Fen , called Crow lode , unto Wolvey lode ( which by some is called Fenton lode ) and thence to Wolvey welagh , which standeth neer the said River , on the North part of Wolvey lode , and opposite to Wolvey were aforesaid : within which precinct the Abbess of Chateriz holdeth one part of a Meadow , which Hugh Folyot , somtime Abbot of Ramesey gave unto her .

It is also to be noted , that the Soke of Somersham ought to Common , aswell in grazing as mowing , in that Fen , which extendeth from Erith brigge unto Parkhale lode ; by the River ; and thence to Fenton welugh , to graze and mow ; and for Housebote and firebote : and from Fenton welughe , they ought to Common in grazing● unto Weremere ; and from Weremere likewise to Thornbrigge . And it is likewise to be noted , that within those Precincts Sir Will . le Moigne hath one Field , which is gained land , and a grove of Alders with two meres at Roweye .

The bounds b b Ib. f. 78. b. of Higgen Eye fen , recovered by Simon Abbot of Ramsey , were these ; viz. from Calverwodeyate , and so directly to Munke lade ; thence to Hokeslade , descending towards Glatton ; and so by Hokeslade unto Byrchmere poolys ; thence to Walton elde lode , directly to Byrch holt ; and thence to the dry land of Higgen Eye , at the corner of Byrch holt : and there , by the dry land to North welne ; and thence unto Calverwodeyate : which Fen containeth a thousand Acres .

Within the precincts of the waters , belonging unto this Isle of Ely , there is a little Island , called Eh●eneie , c c Ex hi●t . E●●en . Insulae in bibl . Cott●n . sub ef●igie Titi A. 1. f. 50. a. wherein the Monks of Ely had a Cell ; which , by reason of those obstructions , that hindred the fresh waters in their passage through this great Levell , from evacuating themselves , as I have before observed , became , by the swelling of those waters , almost drowned : upon a great complaint , d d Ibid. therefore , made by the said Monkes unto Alberic Picot , he gave e e Ibid. them four Acres and an half of ground in the Isle of Denney , which lay without the reach of the Fen ; to the end , that they might translate their House thither , and make Orchards and Gardens there for their use .

The next thing of note , in reference to this Isle ( wherewith I have met ) is the repair of the Causey leading thereto , in 5 H 3. the King then giving f f Claus. 5 H. 3. p. 1. m. ●5 . unto Peter de Valentiniis ( a Monk of Ely ) four Oakes to be taken out of his Forest of Wauberge ( in Huntendonshire ) for that purpose ; the Record terming it Calcetum de Ely ; which makes me think , that it was the Causey leading from Soham to Ely , considering the antiquity g g Vide Cap● xli . thereof : for whether there were any other at that time , I make a question ; because many years after this , the Barons , who took up Armes against K. Henry the third , made this Isle their last refuge ( as in the xli . Chapt. is observed ) which could not have afforded such security to them , had there been many accesses to it by land .

But what deserveth more observation , is the commodious and flourishing condition of some of the Fens pertaining antiently to this Isle ; which occasioned no small dispute betwixt the borderers thereon , touching the extent of their several bounds : for in K. Henry the first 's dayes , I find ; † † Ex Regist. de Thorney , penès M●d●●y Comi●●m Westmerl pa●t . 3. Cap. x● . that after a long contest between the Church of Ely ( Nigell being than Bishop ) and Abby of Thorney , about the limits of Wysebeche fen , and Thorney fen ; as also of Thorney fen and Wytlesey fen ; there were chosen divers prudent men , aswell of the Clergy as Laity , by the consent of all parts , who thus subscribed and setled the same , viz. from Tidbrithwic , above the old stream , by Scepelac unto Toft , and thence by Schepelak unto Cnor ; thence to Ringmere ; thence ( betwixt Thorney and Wytlesey ) from Cnor to Midfentre ; and from Midfentre unto the stream called Must.

Notwithstanding which conclusion , some of the succeeding Abbots were not satisfied ( as as it should seem ) for it appears , * * Ibid. Cap. Cxxxvii . that in 19 H. 3. upon claim made , by Robert the then Abbot , unto a thousand Acres of Wysebeche fen , Hugh ........ at that time Bishop of Ely , by a Fine levied at Huntendon , on the Octaves of S. Iohn Baptist , before Robert de Lexinton and his fellow Justices Itinerant , did grant and confirm unto the before-mentioned Abbot and the Church of Thorney , a full mile within that Fen ; viz. betwixt the Abbot of Thorney's wood and Wysebeche towards the East , North , and South ( according to the perch of xx . foot : ) and where the said wood determineth , the Abbot to have the said mile , by a line directly extended unto the division of the Counties of Lincolne and Cambridge ; and unto other boundaries , which divide their own Fen , betwixt Wytlesey and Thorney ; to enjoy to himself and his successors for ever .

About this time , also , the extent of a large Fen , called Heye fen , belonging to the Mannour of Wysebeche , and to the Towns of Leverington , Neuton , Tid , Elme , and Welle , within the liberties of Ely , was thus set h h Ibid. forth ; viz. from the Shof to the Horshoo , by the old stream ; and from the Horse shoo to the Bank of Robert of the Marshe ; and from thence to Wride , by the Abbot of Thorney's Bank , unto two furlongs beyond Knor ; and so to Orchardstede ; thence to Stodpathe ; thence to Wype : from Wype , by the Ded hee , to Nymeres , and so to Westfencote , by the same stream ; and thence to Wysemouthe : thence to Suerdesdelfe to Grete cros ; thence by Iden hee to Quedale ; so to Merchforde : thence by the Kirke , and the Heyeront unto Echinghee : and so lineally , by Heyront to Tharmerecote : thence to Stanymeres ; thence directly to Freileswere ; and so , by Oldwellen hee to Millestede , and from Millestede to Shrewediche , where all the said Towns ought to eat in Common Horn under Horn , with their Cattell .

Touching the Fen , called Kingsdelfe , belonging to the Abby of Ramsey , it likewise appears , i i Ibid. part . 8. Cap. vii . that the bounds thereof began at Hindelake , and thence extended to Gangstede ; thence to Southea ; thence to South South Ea ; so to Pokelode ; thence to the head of Gresemere ; hence to Pakkelode ; and so by the Marshes and stream ●alled Cnoutesdelfe and Middelmor , to Hindeslake . But the whole territory of Ramsey , with the Hundred of Hirstington , were much more large ; viz. k k Ibid. Cap. ix . from the Stone neer the House of Iohn Freman ( Son to Thomas of great Ranele ) unto Walton barwe ; thence to Hokessede ; and so to Toroldescote ; thence to Halteshers , and so to Hindeslake : Thence by the stream called Cnoutesdelfe , dividing Middilmore and Kyngesdelf , unto Steylinghale : thence to Schelwpol , and so to Cromestal : thence to Wetinges , and so to Etinges : thence to Athelstonesdelf , so to Depelake : thence to Hokewerebiht : thence to Wolfeye lode , so to Colputteslode , through the midst of Huniberdale ; thence through the midst of Wystowe , unto the stone before-specified .

But the Abbot of Ramsey had it not totally to himself ( as it seems : ) for , after much dispute betwixt Robert Abbot of Thorney , and Hugh Abbot of Ramsey ( about the beginning of H. 3. Reign ) touching the Common of pasture in this Fen , unto which the Monkes of Thorney then laid claim [ the Abbot of Ramsey withstanding the same , and alleging , that it was an unjust challenge , forasmuch as he the said Abbot of Ramesey , had no Common in the said Abbot of Thorney's fen of Iakele , nor that he the said Abbot of Thorney , did any service to the Abby of Ramsey in consideration whereof he ought to have such Common ] they came to this Agreement , by a Fine l l Ibid. ●ap . xii . levied in the Kings Court at Westminster , mense Pasch. 8 H. 3. viz. that the whole part of the said Fen , from Kingesdelfe , through new Hynd●lake , unto the new Falt upon Witlesmare , being the part towards Ramsey , should remain to the said Abbot of Ramesey and his successors , peaceably for ever , without any claim , that the said Abbot of Thorney or his successors should make therein : And that the other part thereof , from the said Kingsdelf , through new Hyndelak● , unto the new Falt upon Witlesmare , being the part towards Ia●ele and Farresheved , the said Abbot of Thorney and his successors should enjoy , for ever , without any claim of Common therein by the said Abbot of Ramsey or his successors . And it was agreed , that the Ditch to be made for distinguishing and severing these Commons , should be xvi . foot in bredth ; whereof the one half , all along , to be taken out of the Abbot of Thorney's part , and the other out of the Abbot of Ramsey's side : and to be made directly , by a straight line from Kingesdelfe , before-mentioned , unto the said new Falt upon Witlesmare : And lastly , that it being the boundary betwixt both their Fens , it should be common to each of them and their successors to fish therein , and carry any thing through it for their ease and Commodity .

Which Ditch was set m m Ib. Cap. 10. forth by twelve Knights , upon the King 's speciall Precept to that purpose ; and , by consent of all parties , made and perfected accordingly .

But after this , there grew farther dispute betwixt the Bishop of Ely , and Abbot of Ramsey , concerning the limits of their Fen-land ; which were not setled , till about the year MCCLvi . ( 40 H. 3. ) Howbeit , then did W. de ....... Bishop of Ely , and Hugh Abbot of Ramsey come to a full conclusion therein ; the relation thereof , forasmuch as it so amply manifesteth how dismall a tract all those parts had long before been , and unto what an height of improvement they were at that time grown ; I shall here , from an eminent Historian n n Annal. Math. Paris . P. 929. n. 30. of that time , exhibit .

A. MCCLvi . ( 40. H. 3. ) facta est pax inter Episcopum Eliensem W , & Hugonem Abbatem Ramesiae , super lite mot● , de terminis in Marisco statuendis : De quo marisco hoc mirum nostris accidit temporibus ; ut , ubi quondam , annis antiquissimis , quorum non extat memoria , loca invia ac inaccessibilia , ubi nullus hominum vel pecudum gressus fuit , vel habitatio ; sed carecta , luta profunda , & arundineta palustria , solis avibus ( nedum dicam Daemonibus inhabitata , prout legitur in vitâ beati Guthlaci ; qui ibidem , utpote in loco horroris & vastae solitudinis coepit habitare ) nunc in prata delectabilia , ac etiam terram arabilem convertuntur : & quae ibidem pars segetem vel foena non produci● , gladiolum , cespites , & alia ignis pabula , cohabitantibus utilia , germinando abundanter subministrat : unde lis & gravis contentio de terminis locorum talium & terrarum , inter eos , qui ab initio mariscum inhabitabant exorta , lites & praelia suscitabat &c.

In the year MCCLvi . ( 40. H. 3. ) William Bishop of Ely , and Hugh Abbot of Ramsey came to an Agreement upon a controversy betwixt them , touching the bounds of their Fens ; whereof in these our times a wonder hapned : for whereas , as antiently , time out of mind , they were neither accessible for man or beast , aff●rding only deep mud , with sedge and Reeds ; and possest by birds ( yea much more by Devils , as appeareth in the life of S. Guthlac , who finding it a place of horror and great solitude began to inhabit there ) is now changed into delightfull meadows and arable ground : and what thereof doth not produce Corn or Hay , doth abundantly bring forth sedge , turf , and other fuell very usefull to the borderers : which occasioned much dispute and contention betwixt them that were the most antient Inhabitants in those parts , nay quarrells and fighting , touching the bounds of such fruitfull lands . For so it hapned , that on the Feast day of S. Peter ad vincula , two of the Canons of the Priory of the holy Trinity in London , disputing thereof , grew to such high words , as contracted an implacable hatred betwixt them ; so that studying a revenge , the one took an opportunity to murther the other .

In what manner and by whom these Fens were then so drayned , I find not ; but it could not be without the cleering of those antient out-falls of the several Rivers , which both before and since did overflow the whole Levell : leaving , therefore , the discovery thereof , to a farther scrutiny ; I shall briefly point at such Commissions , as I have found , tending to the improvement of them , by Banks and Sewers , after that time ; which , being not many , are all involved with those of other places in this County , as by these instances will appear ; viz.

In 51. E. 3. to o o Pat. 51 E. 3. p. 1. m. 41. in dorso . Iohn Cavendish , Will . de Thorpe , Iohn Colevill , and others , for those in Ely , Dounham , Litelport , Hadenham , Sutton , Chateryz , Dudington , March , Marchford , Wytleseye , Elme , Welle , Wysbeche , Leverington , Neuton , and Tyd S. Giles , and elswhere within the Isle of Ely . In 1 R. 2. to p p p p p p p p p p p p Pat. 1. R. 2. p. 1. m. 25. in dorso . Iohn Cavendishe , Will . de Thorpe , Iohn Colvill , Martin Everard , Iohn Holt , Will . de Petteworth , Thomas Pynchebek , and Thomas de Welle . In 3 R. 2. q q Pat. 3 R. 2. p. 1. m. 35. in dorso . to Sir Roger de Skales , Sir Philip le Despenser Knights , Iohn de Cavendish , Rob. Bealknap , and others , for all the Banks , Sewers &c. in the before-specified places ; by which Commission they were appointed to make ☞ agistments for the safeguard of those parts , by the number of Acres or Perches , to be new surveyed as often as need should require ; and to constitute trusty and diligent Dike-Reeves for the same purpose .

The like Commission r r Pat. 6 R. 2. p. 1. m. 9. in dorso . in 6 R. 2. had the same Sir Roger , with Sir Rob. Bealknap Knight , Sir Philip Spenser , Sir Will . Skipwith , and others . So also in 15 R. 2. had s s Pat. 15 R. 2. p. 1. m. 37. in dorso . Will . Thirnyng , Thomas Pynchebek , Sir Iohn Colvylle , Sir Reginald Hakebeche , Sir Iohn de Wilton , and Sir Will . de Flete Knights , Iohn de Markham , Will . Gascoigne , and Thomas de Welle : with directions to proceed therein according to the Law and Customes of this Realm .

And in 8 H. 5. Thomas de Skeltone , Iohn Colevile Iohn de Rochefort , Laurence Everard , Rob. Tirwhit , Iohn Bernard , Nich. Morys , Will . Foulbourne , and Robert Brydde had t t Pat. 8 H. 5. p. 1. m. 32. in dorso . the like ; as also to view the several Causeys , betwixt Ely and Saham , Ely and Litleport , and Hadenham and Wynelingham , then broken and decayed ; and to take order for their repair ; doing all things therein according to the Law and Custome of this Realm .

CHAP. L.

WEst and by North Ely , lyeth Thorney , an Island also containing about three hundred Acres of ground , and compassed with spacious Fens : wherein , as in Ely , Crouland , and several other places ( for the respects instanced in the .... C●ap● . ) Adelwold Bishop of Winchester , in the year of Christ DCCCCLxxii . ( K. Edgar then Reigning ) founded a a E● Regist. de ●horney , penès . Comitem Westmerl . f. 11. a goodly Monastery for Benedictine Monkes .

What these Fens were , for depth and bredth , during the space of divers ages , before the late general drayning , it is no hard matter to guess ; the Moore , totally contracted by a long stagnation of the fresh waters , sufficiently demonstrating the same ; which is found , for the most part , ten foot deep throughout all this side of the Country : but more antiently it was otherwise , as Will . of Malmesbury , an authentique Historian ( living about five hundred years since ) affirmeth : Who , having first spoken of the Isle of Ely , and then coming to this of Thorney , saith b b Lib. 4. de gesti● Pentif . f , 167. b. thus ; Thorneia , ulterior scripto , & contractior spacio ; sed Prior laudum titulo , Paradysi simulachrum , quòd amoenitate jam Coelos ipsos imaginetur ; in ipsis paludibus , arborum ferax , quae enodi proceritate luctantur ad sydera , aequorea planities herbarum viridantibus comis oculos advocat &c. id est Thorney , though last mentioned , and less in Circuit , hath the Priority in fame ; represented a very Paradise ; for that in pleasure and delight it resembleth Heaven it self ; the very Marshes abounding with Trees , whose length without Knots do emulate the Starrs . The plain there is as Level as the Sea , which with the flourishing of the grass allureth the Eye , and so smooth that there is nothing to hinder him that runs through it . Neither is there any wast place in it : for in some parts thereof there are Appletrees , in other Vines , which either spread upon the ground , or are raised up with poles . A mutual strife there is betwixt Nature and Art , so that what the one produceth not , the other supplies . What shall I say of the Beautifull Buildings , which t is so wonderfull to see the ground amidst those Fens to bear ?

From which testimony , no lesse can be inferred ; but that , then , this skirt of the Level was not at all drowned : and therefore , that the out-falls to the Sea , were at that time cleer and open ; which argueth a greater care in the people inhabiting this flat Country , in those days , than hath been for several ages since . Not were the parts towards Peterborough then lesse free from that annoyance , as may seem from what I have received 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 c c Ex Ror . Hundred● , in Com. C●●tabr . in arc● 〈◊〉 . 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 1● E. 1. the Causey betwixt Saham and Stuntney , with the little Bridges belonging thereto , was in great decay ; the King therefore assigned d d Pa●. 12 E. ● . m. 18. in dorso . 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 e e Pat. 31 E. 1. ● . 43. in do●so . 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 f f Pat. 2 E. 2. m. 11. in ●o●so . 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 g g Pat. 4. E. 2. m. 18. in dorso . William de Ormesby , William de Estdene ● and Henry de Walpole , for those in this County only .

In 10 E. 2. to h h Pat. 10 E. 2. p. 1. m. 11. in dorso . Geffrey de Coleville , and Roger de Seiton , for the same .

In 12 E. 2. to i i Pat. 12 E. 2. p. 2. m. 21. in d●rso . 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 k k Pat. 15 E. 2. p. 1. m. 14. in dorso . Michael de Meldon , and Roger de Beler , for the same Counties .

And in 18 E. 2. to l l Pat. 18. E. 2. p. ● . m. 10. in dorso . William la Zouche , Iohn de Cantebrig , Simon de Brim , and Iohn de Hinton , for those in this County alone .

Upon a Pleading in 40 E. 3. it was found m m Plac. coram Rege apud ●●slm . term . Hill. 40 E. 3. Rot. 26. Cautab . by the Jurors , that the Prior of Ely did obstruct the course of the water at Wilburgham magna , in a certain place called Watholm dam , so that it could not have it's current as it usually had ; insomuch as the Commons belonging to the Town of Fulbourne were overflowed , to the damage of the whole Country . And in 12 H. 4. the Town of Harlton being questioned n n Plac. coram Rege t●rm . Mic● . 12. H. 4. Rot. 18. Ca●●ab . for diverting the current of the water , betwixt Harlton and Haselingfeld , to the damage of the whole Country , could not deny the charge ; and therefore was amerc'd ; Raphe Bateman being then Lord of that Mannour .

In 14 H. 6. William Godrede , Thomas Fulthorpe , Sir Iohn Colvyle , Sir Henry Rocheforth , and Sir Robert Hakebeche Kts . William Yelverton , Thomas Dereham , Iohn Iakys , Thomas Reynold , and Iohn Tylney were constituted o o Pat. 14 H. 6 ● . 1. m. 18. in dorso . Commissioners for the view and repair of the Banks , Sewers , and Ditches , throughout this whole County , only ; and to make Statutes and Ordinances for the same , according to the Laws and Customes of Runmey marsh .

The Description of Witlesey mere . On the West side of this County , and at the outmost skirt thereof , lyeth Wittlesey mere , the greatest Lake in all these parts ; and consequently the more worthy of note : I shall therefore cloze up what I have farther to say of this Shire , with that particular description of it , which I find in the Register p p penès Will . P●●●pont a●m , ● . 77. a. of Peterborough .

In Septentrionali parte stagni &c. On the North side of this Lake , there is a water called Merelade , issuing out of the River of Neene , where the Northern bounds thereof are . This , with the Fens thereto belonging , hath at the end thereof a certain Fishing called Edd●rmuthe . Upon the East part thereof are two other Meres , called Wellepole and Trendelmere ; betwixt which is a narrow stream , containing two furlongs in length , called Trendelmere beche , having in it two Fishings . And there is likewise another narrow water there , of one mile long , which is called Falet , having in it one Fishing .

In that part thereof betwixt Wytlesmere and Kynkesdelf , where the Eastern boundary thereof is , the bredth of the Meer containeth three miles , having in it a narrow stream , called Derescuf ; and a Wood named Rageholt . On the South part thereof also , there is another slender stream , of three furlongs in length , called Selfremerebeche , having in it two Fishings ; at the end whereof is a Lake , named Selfremere ; having on the South side thereof a narrow water , of half a mile long , called Ubbemere lade ; at the head whereof is likewise another Fishing , And about the middle thereof , there is a place in the Fen , called Alwynesbarwe ; and there is the Southern boundary thereof . Moreover , on the West side of this Lake , there is also a narrow stream , containing two furlongs in length , named Trendemere beche , which hath one Fishing in it ; at the end whereof , is the Meer , called West Trendemere . On that side there are also these waters , viz. Drelgmere , Wellepole , Withibuscemere , Langemere , Kinninges , and Musklemere .

There is likewise , on that side , another narrow water , of one mile in length , extending to Oppebeche , and hath in it one Fishing : at the end of which water , is the Western limits of the Fens , and all the waters pertaining to Witlesmere .

About two miles distant from the North East side of the before-specified Meer , there is a memorable Chanel cut through the body of the Fen , extending it self from neer Ramsey , to Peterborough , and is called King's delph . The common tradition is , that King Canutus , or his Queen , being in some perill , in their passage from Ramsey to Peterborough , by reason of the boysterousnesse of the Waves upon Witlesey mere , caused this Ditch to be first made : and therewith do some q q Annales Math. Westm. of our Historians agree ; who say thus ; Anno Domini Mxxxiiii . Cnuto , Rex potentissimus , viam in marisco , inter Ramsey & Burgum , quod King's delph dicitur , ut periculum magnorum stagnorum vitaretur , eruderavit . But how to reconcile this testimony to what I meet with above threescore years before , I well know not : which is , that King Edgar confirming to the Monks of Peterborough , before-mentioned , the fourth part of UUitlesmere ; with all the waters , Fishings , and Fens thereto belonging , bounds r r Ex Regist. de Peterborough penè● De● . & Cap. ejusdem Ecclesiae . it to these limits , viz. quorum Septentrionalis est ubi primùm intrat Mere lode de ampne Nen , orientaliter ad King's delph ; Australiter ad Adewinesbarue &c id est , whereof the North side is , where Mere lode first enters thereinto from the River Nen , Eastward to King's delph ; and Southward to Aldewynesbarue , &c.

But the largest and most notable , is that fair Chanel made from Stanground steafe , below Peterborough , to Guyhirne neer UUisebeche , of xl foot in bredth , by s s Godwin . de praesul . 329. Et Cambd. Brit. 405. Iohn Moreton Bishop of Ely , in King Henry the seventh's days , and still called Moreton's Leame , or the New Leame ; a work certainly of singular consequence , not only for the quicker evacuation of the overflowings of Nene , but for conveniency of Carriage from Peterborough to UUisebeche ; which will remain a lasting memorial to that worthy Bishop .

CHAP. LI.

SOuth-west from Cambridgshire , lieth the County of Huntendon , into which a skirt likewise of this great Level extendeth : at the entrance whereof I meet first with Ramsey , compassed with Fens on all parts , excepting towards the South-west , and containing about ...... Acres : wherein ( for the like respect , as in Ely , Crouland , and Thorney , by others ) Ailwin , a neer Kinsman to King Edgar ( and who is stiled by our Historians , totius Angliae Aldermannus , id est , Chief Iustice of England ) did found a a Ex Regist. de Ramsey , in Se●ce . penès Remem . R●g●s . f. 218. ● . an eminent Monastery for Monkes of S. Benedict's Rule , almost an hundred years before the Norman Conquest .

Touching the situation of this Isle ( for so it was antiently called ) let us hear what the Register of that Abby saith ; Quum igitur in orientali angulo territorii Huntedonensis &c. Forasmuch , therefore , as this place , situate in the Eastern corner of Huntendoushire , where the Chanel of the River Ouse restraineth the bounds of the Fens , is , for its bigness , the fairest of the fenny Islands ; and which many have endeavoured to extoll , so that it needeth not our commendation ; nevertheless we will not wholy leave it untoucht . On the West side ( for on all other there is no access to it , by reason of the Fens ) it is severed from the firm land , with certain deep and boggy Quagmires , in bredth about two Bow shot : insomuch , as in times past , the access unto it was by navigable Vessells , brought thither through a slow stream , with gentle windes : but now , by much labour and no small cost , there is , with Wood , Stones , and Gravel , a firm Causey made , so that people may come to it on foot . In length this Island doth extend , almost , unto two miles ; but in bredth not so much , being environed with Alders , Reedes , green Canes , and Bulrushes , which do beautify it exceedingly ; and before it became inhabited , was full of all sorts of trees ( especially wild Ashes ) the length and bigness whereof , may be seen by the beams and rafters on the roof of the Church . But now , through tract of time , the Woods , for the most part gone , the fertility of the turf is such , as that the land , converted to tillage , beareth Corn plentifully : nor is it less profitable otherwise , being full of fair Gardens , fat Pastures , shady Groves , and rich Meadows ; which , in the Spring time , make a most beautifull shew . Moreover , on the borders of it , there are several Meeres full of Eeles , as also spacious Fens and Pooles , abounding with divers sorts of Fish and Waterfoul ; whereof one , called Ramsey meere , from the name of the Isle , much excelleth the other adjacent waters in bea●ty and profit ; which , lying on the most large and woody side of it , and pleasantly beating upon that sandy shore thereof , called Mereham , maketh a delightfull object to the beholders : in the deep and great gulfs of which Meere , there are frequently taken , by several sorts of Netts ; as also with baited Hookes , and other sishing Instruments , Pikes of an extraordinary bigness , called Hakedes by the County people : And though both Fishers and Fowlers cease neither day nor night to haunt it ; yet is there alwayes of Fish and Foul no little store .

What proportion to the Fens , belonging to divers particular Towns in this County , antiently , were of , I shall● in the next place , from the testimony of Record , make manifest ; by which they , who are well acquainted with those parts , may discern how much improvement hath been since made therein , through the industry of the Borderers ; or whether all or any of them were by neglect expatiated to a more large extent .

Upon that memorable Survey , b b Dom●sday Book . Hunt . made shortly after the Norman Conquest , it appeareth , that the Fens belonging to Colne , were then reputed to be one mile in length , and half a mile in bredth ; and those in Wardboys just as much . But in 3 Edw. 1. there is a far more exact account c c Ex Rot. de Inquis . per Hundreda , in arce Lond. of them ; it being then found by Inquisition , as followeth ; viz. that the Fens pertaining to Stangrund and Faresheved , called Faresheved ferri , contained , then , in length , from Faresheved brigge , at the one end , unto the other , where Ramsey fen , and Fairesheved fen , did part , two miles : and in bredth , from the Bank called King's delph , unto Wythlesmare , one mile . In which Fen there was at that time a certain Meadow , called Kingesdelph-mede , containing Cx. Acres ; and another , called Myleby , of x. Acres ; the same Meadows then belonging to the Inhabitants of Stangrund and Faresheved . Moreover , there was then a certain division betwixt the Towns of Stanground and Flectone , beginning at Brod he , neer to the Mayden-cros , and extending it self by the antient lode to Lauehythe ; and from thence directly to Blancheferye ; and thence to Stakengeshirste is a certain Common Pasture which belong'd to the Towns of Stangrund and Flectone .

Likewise , that in the Hundred of Normancros , there was a certain Fen , called Kyngesdelf ; beginning at the end of Brod hee , scil . at the end of Kyngesdelf ; and extending it self , circularly , to Wittleseye Town 's end , for two miles : and from Wytlesheye , by the hold Old Ee , to Pokeslode , for the space also of two miles ; and from thence , by Hold Old Eee to West fen , for three miles ; thence to Wysemuthe , for two miles ; thence to Beynwic , for three miles ; thence to Syrmare for two miles ; thence to Kyngges delfe end , Southwards , for one mile ; and thence to the utmost point of Brod Ee , where Kynge's delfe endeth , for five miles : which whole Circuit containeth xx . miles , and belongeth to the Abbies of Ramsey and Thorney , and Priory of Ely ; for which the Abbot of Ramsey hath the Charter of S. Edward , from Gangestede , Eastwards , to Hyndelake in the West ; and so at Wendelmere and Cayeresholt , with the confirmation of several Kings since that time .

The Fen of Glactone extends it self from Denton lade , to Hubbemere , containing in length a mile : but it beginneth at the Town of Holme , and continueth to Saldermere , which is , in length three miles .

The Fen belonging to the Town of Conyngton , beginneth at Conyngton mere , and reacheth to the Redipole , and thence to Scelremore , containing in length from Conington mere to Selremere , two miles . From Selremere it goeth to Berchemere ; and thence , by Hokeslade , for three furlongs , unto Monks lade ; and so by the said lode , to the new lode at Sautre , for a mile and an half and two furlongs , which is betwixt Sautre fen and Conyngton : and so it holds on , by the new lode , unto the Bank of the Nesse : and from the third Hassoke , unto the said Bank , it containeth in length one mile directly ; and from the said Bank it goeth on crookedly unto the North side of Conyngton mere , being in length from that Bank unto the said Northern side , one mile and an half : within which Circuit Conington fen is included . But the Abbot of Saltrey ought of right to make two Bridges in the said Fen , beyond Monks lade ; over which the men of Conynton are to drive their Cattell to Pasture beyond that lade .

The Fen of Dentone containeth in length one mile , and extends it self to Witlesmare one way , and another way to Dentone field ; being four Acres in bredth : But Glattone and Holme have by force appropriated to themselves , a half furlong and more of the said Fen , in bredth , excepting one Bank , and in length one mile : and did there dig turves by force and carried them away : nor could the men of Denton dig turves with them ; but they had pasturage there for their Cattell . Moreover the Earl of Cornwall did appropriate to himself the Flete , and ditch't it in , which place contained three Acres ; and had been Common to Dentone , Glattone , and Holme .

The Fen of Waltone , beginning at Michelholme hale , extendeth it self thence , for two furlongs , unto Stakelode ; and thence , for one furlong , to the bar of Bollokes fen ; and thence , for three furlongs to Croslode ; and thence for two miles to Hokeslode ; thence for three furlongs to Brichmere ; thence for four furlongs to Hubbemere lode ; and thence for one furlong to Hubbemere cote ; thence , for two miles unto Ranelesnok ; and thence , for half a mile , unto Michelholm hale .

To the Town and Abby of Sautre belongeth a certain fen ; which beginneth at the one end at Saneshyl , and the head of Monks banke ; and extends it self in length neer to Monks meadow , crookedly , for one mile ; and so goeth on by the stable ; and thence directly to the bar of Bollokes fen ● and thence directly to the head of New lade for half a mile ; and from thence to Esterne dyke for one mile ; and from Esterne dyke at the head of the Bank of Staneshille , for four furlongs : and thus the Fen of Sautre is perfectly bounded : And beyond Monkeslade , b● the whole fen of Waltone , and Conytone , to Wytlesmere bank , and Hubbemere bank , they are to Common with their Cattell .

The Common of Pasture in the Fen belonging to the two Towns of Wardeboys and Caldecote , is in length two miles , and in bredth two and a half .

This County of Huntendon being then a Forest , the Regardors did , in 34 E. 1. by virtue of the King's Precept , make this following Presentment d d Ex Regist. de ●amsey , penè● H●nr . Cromwell arm. f. 59 b. at the new Temple in London ; viz. that the Tenants of the Abbot of Ramsey in the Town of Ramsey ; the Tenants of the Abbot of Thorney in Wytlesheye , and the Tenants of the Prior of Ely in Wytlysheye , had wasted all the Fen of Kyngesdelfe , of the Alders , Hassocks , and Rushes , estimated at a thousand Acres , so that the King's Deer could not have harbour there as they had before that perambulation .

Likewise , that the Towns of Stangrund and Farsheved had wasted the fen of Farsheved of the Alders and Rushes , estimated at an hundred Acres .

Also , that e e Ib. f. 60 . 2● the Abbot of Thorney had made a Purpresture in the said King's Forest , within Farsheved fen , and inclosed the same with a double Ditch on the side towards Farsheved ; which contained in length two miles by estimation , and two furlongs in bredth . And likewise that the said Abbot had raised a new Bank , without the Town of Iakele , containing one mile in length , against the assize of the Forest.

And that f f Ib. f. 60. b. Iohn le Wode of Iakele came with the men of Wytlysheye , into the Fen of Kynggesdelfe , and set fire therein , which burnt in length and bredth about four miles , by estimation ; which caused great loss to the King in his Harts , Hinds , and Goats . And likewise , that the men of Benewyk had destroyed a certain place in Kyngesdelf , of the Alders and Rushes , called Hertyngges , containing a mile in length and bredth .

And they likewise then presented , that the Banleu of Ramsey began at Humberdale , and so went on to Wystowe lowe , by the middle of the Town of Wystowe ; and so to Ranelestone ; and thence to Ranelesnoge ; thence to Obmere-bote ; thence to Scaldemere ; thence to Ayxschebeche ; thence to the Newe lode , which leadeth betwixt Middilmore and Kynggesdelfe ; thence to Beaurepeyre ; thence to Tyrmerekote ; thence to Pollyngsecote ; thence to Caldemowchache ; thence to Goldepyttelade ; and thence to Homberdale .

The division g g Ib. f. 61. 2. betwixt this Forest and the Bishop of Ely his free Chase of Somersham , Vide etiam bund . de Brev. & Recordis temp. H. 4. scil. anno 3. in arce L●nd . band . 1. n. 1. began at the great River ; scil. at the three Willowes ; and thence extended to Fentone lode ; thence to the new Bank ; thence to Fentone Crosse ; thence to the Mill at Wardeboys ; thence to Pydelemare ; thence to Pydele dam ; thence to Iny mede ; thence to Kollangeleye ; thence to the Hanger of Bluntesham , and thence to the great River .

CHAP. LII .

THis , being the last of those six Counties into which the great Level ( as hath been observed ) extendeth , containeth no more than a narrow skirt of those fens ; at the utmost point whereof , that sometime great and famous Abby of Medeshamstede , since called Peterborough , was ( for the like advantages , already taken notice of in Thorney , and some others ) first founded a a Ex Regist. de Peterborough penès Dec. & Cap. ejusdem Eccl. a. 1640. by Peada King of the Mercians , about the year of Christ DCL . and soon after amply endowed by King Wolpherus , his Brother , and Successor in the government .

As to its situation , and the more exact description of the fens belonging thereto , I shall exhibit what Robert de Swasham , sometime a Monk of that House , saith , b b In bibl . Cotton . sub effigie Othonis A. 16. f. 22. b. Burch verò in regione Gyrviorum est fundatus &c. Burch is founded in the Country of the Gyrvii ; for there beginneth the Fen , on the East side thereof , which reacheth Lx. miles , or more , in length : Which Fen is of no small benefit to the bordering people ; for there they have wood and other fewell for the fire , and Hay for fodder ; as also Reed for thatching of their Houses ; with many other necessaries . There are likewise divers Rivers , Waters , and great Meeres for fishing , the Country abounding in such things : in the best part whereof Burch is seated ; having on the one side of it the Fen and River ; and on the other upland ground , with Woods , Meadows , and many Pastures ; which do render it most beautifull on every part ; having a meet access to it by land , except towards the East ; on which side , without Boats there is no comming to it . On the South side of it runneth the River Nene &c.

And these are the limits of the possessions , Pooles , Fenns , Lakes , Fishings , Lands &c. which King Wolphere gave thereto , that the Monks therein placed might freely serve God● viz. from Medeshamstede to Norburch ; and thence to a place called Folies ; thence directly through the main Fen to Esendic ; and from Esendic to the place which they call Fethermute : thence directy to Cuggedic , ten miles distant ; ☜ thence to Raggewi●c , five miles , to the principal stream , which goeth to Elme and Wisebeche : and thence , for the space of three miles , up the said principal stream , to Trochenholt ; thence directly , through the vast Fen , to Derevorde , in length xx . miles : thence to Grecescros ; thence , by a fair current , called Beadan Ea , six miles , to Paccelode ; and so , through the midst of many Lakes and spacious Fens in Huntendonshire ; together with the Pooles and Lakes , called Scelfremere , and Witlesmere , and several others to them belonging ; as also with the Lands and Houses , which do ly on the South side of Scelfremere , and all within the Fen , to Medeshamstede ; and thence to Welmesford , and so to Clive and Estune ; and from Estune to Stanforde ; and thence , as the River runneth , to Norburch before-specified .

But touching the improvements made here by Banking and Drayning , I find little in particular , till of late time ( whereof I shall speak anon ) this being the utmost Corner ( towards the high land ) which the fresh waters ( for want of a cleer and perfect evacuation ) overflowed ; the Banks and Sewers , conducing to the exsiccation thereof , having been cut from the River Nene , through Cambridgshire , towards their most antient and natural out-fall at Wisebeche .

CHAP. LIII . Observations upon the Commissions and Statutes of Sewers .

Having now done with those particular endeavours of Banking and Drayning , within the precinct of the Great Level , in order to the bettering that surrounded part of the Country ; I come lastly to speak of that eminent and signal undertaking ; viz. the general winning thereof by Banks and Sewers ; a work , certainly , of no less honour to the first Adventurers therein , than beneficial to the present and future Age. But , before I begin therewith , it will be proper ( I conceive ) by way of preparation thereto , to make some short observation upon the antient Commissions and most notable Statutes of Sewers .

And first touching the Commissions ( the antiquity and extent whereof do sufficiently appear in the precedent discourse ) I shall briefly note ; First , that the King , ratione dignitatis suae Regiae , ad providendum salvationi Regni sui circumquaque fuit astrictus &c. ( for those are the words therein ) was by the prerogative of his Crown obliged to see and foresee to the safety of his Realm . See Serg. Callice his Reading upon the Stat. of 23 H. 8. Secondly , that by virtue of them , the Commissioners might enforce the neglecters of their duty , by distress of their goods , and likewise fine and imprison the dissobeyers of their Orders , as appeareth by those words viz. ad distringendum , & per amerciamenta & alio modo , prout , &c. All which was by the Authority of the Common law , id est the antient usage of this Kingdome ; as the learned Sergeant Callice well infers from the words dignitatis suae Regiae , all Prerogatives being without limitation of time .

Now for the Statutes . The first of these was in 6 H. 6. and this adds to the power of the said Commissioners ; for it gives them Authority to make Officers ; to take Accounts of their Expenditors ; to set Labourers on work ; and to rate the wages of such Labourers .

Then that of 8 H. 6. Cap. 3. which supplying the defect of the former , grants power to the said Commissioners to ordain and execute the Statutes , Ordinances , and other things to be made according to the effect and purport of the said Commissions .

Next that of 18 H. 6. Cap. 10. which continueth the power of that Statute of 6 H. 6. for ten years longer , the time first limitted therein being then expired .

Then that of 23 H. 6. Cap. 9. prolonging that of 18 H. 6. to xv . years more .

Next that † † Videsis Exempl . ejusdem . Par. 14 E. 4. p. 1. m. 7. of 12 E. 4. Cap. 6. which not only addeth the like number xv . years more thereto ; but enlargeth it to the Marches of Caleis , Guynes , and Hammes ( on the borders of France and Flanders . )

Then that of 4 H. 7. Cap. 1. prolonging that of 12 E. 4. to xxv . years more .

Likewise that of 6 H. 8. Cap. 10. ratifying the former Acts , and giving power to the Lord Chancellor of England , for the time being , to grant out Commissions of Sewers into all parts of this Realm .

Next that of 23 H. 8. Cap. 5. in the Preamble whereof there are these words ; viz. the King nothing erthely so highly weighing as advancing of the Commō profit , wealth and Commodity of this Realm . Whence ( saith the before-specified learned Sergeant ) it appeareth ; that the making of this Law was of all other thought to be most necessary , and of greatest consequence , the King preferring the same before any earthly thing : and the King's care therein became his Royal person very worthily ; because by this Statute safety was brought to the Realm , and wealth and profit to the people thereof .

In that Preamble 't is likewise observable . First , that Marshes and low grounds had formerly been , by politick wisdome , won and made profitable for the good of the Common-wealth . Secondly , that if more speedy and further remedy were not had and provided , though divers provisions had been formerly made ; yet none of them were sufficient remedy for reformation thereof . And thirdly , that power is given thereby to six Commissioners of Sewers , whereof three to be of the Quorum , to take any man's timber &c. to be used therein , and to set the price thereof ; as also to sell any mans Lands , nay the King 's also , or part thereof , in fee , or for what other term they pleased .

All which being confirmed by the King 's Royal assent had thereunto , are not to be repealed but by Act or Parliament ; and makes them therefore an absolute Court , to hear and determine all things concerning Sewers .

After this , about two years ( viz. 25 H. 8. Cap. 10 ) there was another Statute , which extendeth this last Commission to the Town and Marches of Caleis , and imposeth a penalty of five Marks upon every Commissioner who shall refuse to be sworn according to the Act of 23 H. 8.

Then that of 3 & 4 E. 6. Cap. 8. which , taking notice how beneficial the Statute of 23 H. 8. had been to this Realm , ordained ; that it should continue , with these additions thereto , for ever ; viz. that all Skots , Lo●s and summs of money , thenceforth to be rated and taxed upon any of the King's Lands , his Heirs or Successors , for any thing concerning the Articles of the said Commission of Sewers , should be gathered and levied by distress , or otherwise , in like manner and form , as should and might be done in the Lands of any other persons : And that no Commission of Sewers should thenceforth have continuance for above five years after the date thereof .

Next that of 13 Eliz. Cap. 9. which authoriseth the Commissions of Sewers , thenceforth , to stand in force for the term of ten years next after their dates , unless they were repealed by reason of any Commission , or by supersedeas .

And lastly that of 3 Iac. Cap. 14. which comprehendeth the Walls , Ditches , Banks , Gutters , Sewers , Gates , Causeys , Bridges , Streams , and Water-courses having their passage into the River of Thames , and within two miles of the City of London , as subject to the Commissions and Statutes of Sewers , and to the penalties of the same .

To these , for removing of some scruples , touching the power of the Commissioners of Sewers , for erecting of new Sluses , and for making new Cuts and Drayns where none were before , I shall add the opinion of those two Chief Justices , viz. Popham and Anderson ( men famous in their times for their learning ) in both these Cases ; and which is observed by the before-specified Serg. Callice in his said Reading upon the Stat. of 23 H. 8. As also of Sir Henry Hobart Knight Attorney general to King Iames.

In 43 & 44 Eliz. a great controversy did arise in the County of Lincoln , about the erecting of two new Gotes , at Skirbeck and Langare , for drayning the waters of South Holland and the Fenns , into Boston Haven ; which work Sir Edward Dimock Knight , did by himself and his friends further what he could ; but it was opposed by the Country of Kef●even ; and they very exception taken thereto was , that the Commissioners of Sewers could not by the power of their Commission , make a Law for the erecting of these new Gotes where never any stood before : Whereupon the decision of this point coming , at length , before the then two Justices , viz. Popham and Anderson , they delivered their opinions ; that the said new Gotes , if they were found to be good and profitable for the safety and advantage of the Country , they might be erected by the power of this Statute .

The like controversie arose in 12º Iacobi , in the Counties of Cambridge , Huntingdon and Northampton , about the making of new Cuts and Drayns in the Isle of Ely , by the power of the Commissioners of Sewers ; which being much opposed , the businesse came , in the end , to be heard before the King and the Council : Whereupon the said King , by the advice of his Council , upon mature deliberation , comparing the undue proceeding of those who had disturbed his Commissioners of Sewers in those Counties , with the antient Laws of this Realm ; as also with the constant practice of antient and later times , and the opinions of the Lord chief Justice Popham , delivered in writing very exactly and fully upon the said Questions , touching the power and authority of the said Commissioners● it being objected , 1. that the Commissioners had no power to raise new Banks , Drayns or Sluses where there had been none before . 2. that they might not lay the Tax upon Hundreds , Towns , or the Inhabitants thereof in general ; but upon the 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 b●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 Decrees● whereas upon the performance of them , the preservation of many thousands of his Majesti●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 subj●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 the●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 , * * Ex cod . MS. penès praef. O. S. Iohn f. 191. b. 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 se●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 m●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 land● 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 large● 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 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 , Nene . 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 ● for the more speedy delivery of the waters ; attempted to cut through the Sea-dike to Wisbeche at Bevys-Crosse ; and again at Eastfields end nigh the Horshooe in Leverington ( which Banks were in lesse than xxx years before , ordained by Commission to be maintained , id est , from the first slope of the Bank , fifty foot high ) and so made a new outfall from Wisbeche to the 4 Gotes , and thence to the Sea . 4. A branch of Nene usually passing from Peterburgh to Crowland , and so to Spalding ( that outfall decaying ) was turned back by Dowesdale , with the South Ee to Wisbeche , and so to the Sea . 5. A great part of Ouse and Nene united , descending from Benwick , by great-Crosse , to Wisbeche ; but Wisbeche outfall decaying , they both fall by March to Welle , and so into Ouse at Salters lode . 6. The waters of Welle were by a shorter cut , conveyed under Broken-dyke , by Hichcock's dam , to Elme Floudgates , the old way lying through Enmeth , by the Wroe . 7. The River of Elme , running by divers Crooks from Elme to Wisbech● , was cut straight , and the water passed by a shorter course , as by the old Chanel on both sides the new River , may yet be seen . 8. The River in Wisbeche a little above the great Bridge , within the memory of man , running crooked , was cut straight , and so to this day continueth . 9. The River of Clows-crosse , being crooked at either end , was in the upper end conveyed by Willow-dike , straight to Graynes Hill ; and in the lower end rectified by a New Cut , the old Chanel being forsaken . Weland . 10. Ingulphus in his History of Crouland maketh mention , how Richard de Rullos Chamberlain to King William the Conqueror , having marryed the Daughter of Hugh de Evermue ( Lord of Burne and Deping ) for the inlargment of his Town of Deping diverted the River of Weland — Et in pratis quae erant nuper profundi lacus & paludes immeabiles , excluso fluvio invenit campos uberimos , & terram desiderabilem ; & de puteis & uliginibus maledictis fecit hortum voluptatis — And in the Meadows , which before were deep Lakes and drowned Fenns , by excluding the River , he found them fruitfull fields , and as good ground as could be wished : nay , of the very Pits and Bogs , he thereby made a Garden of pleasure .

Moreover , the same River of Weland , having antiently its course by Spalding , through the decay of the outfall th●re , a great part thereof sometime fell through gr●at Possons , and so out by Quaplode ; but that out-fall also decaying ( as most out●alls over the Washes have , and still will do ) that way was stopped up , and the River driven to seek a course in a very faint manner by South Ee towards Wisbeche ; where again through the defect of Wisbeche outfall , when it meeteth with the Nene at the New Leames end at Guyhirne , they both turn back under Waltersey bank to Hobbes , and so to Marche stream , and there meeting with the great Branch of Nene , come to Welle , and so to Salters lode .

Which River also ( as saith Leland ) by a shorter way , called the new Drayne , was put from Croyland to Spalding , as now it goeth .

12. Grant . The River of Grant , by a fair Chanel passing from Beche to Charefen , in Cottenham , and so into Ouse , was diverted ; and by a straight●r course turned down by another Branch of the same River to Harrimere , where it loseth the Name . 13. Lastly , New Eegate in Gosberchurch , found through the Marshes another outfall ; but because it was not so convenient as the first , the Jurats as the Record saith , Ex cod . MS. penès O. S. Iohn . f. 193. b. — Requisiti si cursus aquae , quam nunc tenet , sit sufficiens ad eductionem & deliberationem aquae ; dicunt , qoud ●ic : sed dicunt qoud antiquus cursus plus competeret , & utilior esset quam cursus quam nunc tenet , eo qoud minoribus sumptibus reparari poterit directè currendo , quàm longè per cireuitum & in obliquo , & citius aqua per ibi deliberari , — Being asked if the Chanel wherein that water then ran , were sufficient for the carrying it away ; they said that it was : but they farther said , that the antient current thereof would be more fit and beneficial than it , in regard it might be repaired at less charge , by running straight , than to go about by a long circuit , and the water much sooner evacuated .

And for these two Reasons the Jurats have often proposed to Commissioners of Sewers , shorter ways to pass waters ; as from Leonards Pipe to the four Gotes , for the water on Wisbeche North side : and a new Drayn xx foot wide , by a shorter way , from New dike in Witlesey , lineally to the great River on the North of Wings lake ; and many more &c. And in a word , most of the new Courses proposed for the general draining were of that kind .

CHAP. LIV. For the general Drayning of the great Level .

IT hath been a long received opinion , aswell by the borderers upon the Fens , as others ; that the total drowning of this great Level ( whereof we have in our times been Eye witnesses ) hath , for the most part , been occasioned by the neglect of putting the Laws of Sewers in due execution in these latter times : and that before the dissolution of the Monasteries by King H. 8. the passages for the water were kept with clensing , and the Banks with better repair , chiefly through the care and cost of those Religious Houses .

It cannot ( I confess ) be denyed , but that the opening and ●couring of those many petty Draynes and Sewers , which antiently had been made by sundry persons , for the better drayning of their own particular lands , might much conduce to the sooner taking away of these vast spreadings of water in the Summer season ; but wholly to clear them , was impossible , without the perfect opening and clensing of their natural out-falls , which the daily flowing of the Tides had choakt up with so great a thickness of Silt ( as in the xxxviith. . Chapter of this discourse I have fully shewed . ) In order whereunto the first considerable attempt , whereof I have seen any notable memorial , was in 20 Eliz. the Queen then granting her Commission to Sir Thomas Cecill , † † Penes R●mem . Regis in Sca●c . Sir William Fitzwilliams , Sir Edward Montagu , and Sir Henry Cromwell Knights , Robert Sapcotts , Rob● Winfeld , William Hunstone , Edmund Hall , Robert Bevell , Vincent Skinner and Iohn Mountsteving Esquires , and to any four or more of them , to proceed according to these following Articles , intituled ,

Articles to be enquired on by the Commissioners for the Drayning of the Fenns , through and by the Drayn , called Clowse Crosse , and so to the Sea .

1. TO cause a perfect Level to be made of the same Drayn , throughout all places convenient , from the Clowe-crosse to the Sea .

2. Item , to enquire by the Judgment of Workmen , or otherwise , how a perch of the same may be wrought , and so consequently what the charge of the whole will amount unto .

3. Item , how that charge may be most easily born , and by whom , and how the same may be rated by the Acre or otherwise , having a respect to charge the owner of the grounds in severalty with more , and the Commoners with less , ratably according to their portions .

4. Item , to enquire and certify the quantity of the grounds that are several , and the grounds that ly in Common .

5. Item , the names of the Towns , that the Commissioners shall think meet to be charged in contribution , in respect of the benefit they sh●ll receive by the said Drayn ; and likewise the names of the owners in severalty chargeable for the same .

6. Item , what detriment , loss , or hind●an●● may or is like to come to our Sovereigne Lady the Queen's Majesty or to any other person or persons by opening of the said Drayn .

7. Item , a Book made of the contribution , to appoint , for the well and perfect doing of the work , certain Collectors to levy the money , and certain other persons to see to the expending of the same ; all which to yield Accompt to the said Commissioners .

Hereupon the before-specified Commissioners sate at Peterborough upon the ixth. . of Iune in the same year , and there empanelled certain Jurors ( viz. six for each County ) of the Counties of Northampton , Lincolne , Huntendon , and Cambridge ; who presented as followeth ; viz.

1. To the first Article , that there was a sufficient descent or fall between Clowse-crosse and the Sea , for the Drayning of the Fenns ; and that the most convenient place for conducting of the Drayn was from the Windmill Corner , upon the West side of the Bank , called Willow dike , unto a place there called Gannok ; and from thence to cut through the Lands of the Queens Majesty , and the lands of Henry Adam Esquire , in the Fenn of Tid S. Mary in the County of Lincolne , unto the Ea between both Shires , viz. Lincoln and Cambridge , at Graynes hill ; and so following the course of the old Drayn , dividing both the Shires , unto the Gote called Shire Gote .

2. To the second Article ; that by estimation every perch from Clowes crosse to Gannok , being in number 968. every perch having xx . foot in length , xxiiii . in bredth , and six foot in depth , would cost , for the making thereof , xvs . And every perch , after the quantity aforesaid , from Gannok to Graines hill 61 perches , would cost xs. the charges of the perches aforesaid amounting 75●l. — 06s. — 08d. And from Graynes hill to Shire gote , being in number 1732 perches , would cost , for every perch scowring 03s. — 04d. that summe amounting to 288l. — 13s. — 04d.

The summe totall 1045l.

Item , for building of the Clowes , and for every other extraordinary charges thereto belonging , they judgit would cost an hundred pounds .

The total of the whole 1145l.

3. To the third Article , they presented ; that the charges of the Drayn from Clowes crosse to Graines hill , should be born by the equal charges of Cambridgshire , to be lev●ed of all those Towns and grounds nigh adjoining , and having Common or several in any Fenns or low grounds , within any of the said Countries before-named , reaping or taking any profit or Commodity by Drayning of the Fenns by the Drayn through Clowes crosse , and so to the Sea . 4. and 5. To the fourth and fifth Articles , they presented a Bill or Book of several Countries and Towns thereunto annexed , of all that they knew ; and for farther knowledge they referred it to the good discretions of the Lords , Masters , owners and dwellers within any of the Towns and grounds neer adjoining to the said Fens , and reaping or taking any Commodity or profit any manner of wayes by the said Drayn , called Clowes crosse Drayn , or Shire Drayn . 6. To the sixth Article , they presented ; that to their knowledge there was neither detriment , loss , or hindrance like to happen to the Queens Majesty or any person or persons , by opening the said Drayn , the Clowes and Bankes being sufficiently made , ordered , and kept , except two Acres of the Queens Majesties and Henry Adam Esquire ; but great Commodity and profit to all the Inhabitants and Dwellers neer to any of the said grounds or Fenns above South Ea Bank . 7. And to the seventh Article , they presented ; that they left it to the good discretion of the Commissioners to appoint at their pleasures .

Next followeth the names of all the Towns and Lands contributory and chargeable towards this work : as also of the Treasurers and Surveyors for each County : but what was accomplisht therein I am yet to learn : Sure I am , that it would have fallen far short of performing what was aimed at ; there being nothing more evident , than that without a general Drayning , all these particular attempts , how chargeable soever , would be of little moment , witness that fair Chanel , made by Iohn Morton Bishop of Ely in King H. 7. time ( called Morton's Leame , or the New Leame ) extending from below Peterborough to Guy hyrne ; and this of Clows crosse ; as also Popham's Ea , the Londoners lode , and many others : which cost , had it been at once bestowed upon the main work , might have gone far , towards the accomplishment of a general exsiccation of this whole Fenny tract .

And this was , at length , experimentally found to be so , by such as were men of skill and judgment : to the end therefore , that so noble and profitable an undertaking , as this of a general Drayning would , might be promoted ; and that the inter●st of them who were Lords ( id est of the soyl ) of those great Waste grounds , or any severals as were subject to such inundation , might not hinder so laudable a work , tending to the disburthening from those great and constant charges in Banks and Sewers , which were found to be of little avail to that publick end , and prevent the extraordinary benefit , which ( as was cleerly seen ) would accrue thereby to the Realm ; that excellent Statute of xliij . Eliz. was made , intituled An Act for the recovering of many Hundred thousand Acres of Marishes and other grounds , subject commonly to surrounding , within the Isle of Ely , and the Counties of Cambridge , Huntendon , Northampton , Lincolne , Norfolke , Suffolke , Sussex , Essex , Kent , and the County Palatine of Duresme , the preamble whereof runs thus ; Whereas it is apparent to such as have travailed in the execution of Commissions of Sewers in the Iles and Counties aforesaid ; that the Wastes , Commons , Marishes , and Fenny grounds there , subject to surrounding , may be recovered by skillfull and able undertakers , whereby great and inestimable benefit would arise to her Majesty , her heirs and successors , disburthening her Highness of many chargable Banks and works of Sewers within those surrounded gronnds , as the increase of many able subjects by habitations being there erected , and in like sort profitable to many her Highnesses subjects , both bodyes politick and corporate , who have estates of inheritance and other interest within the same : And for that the Drayning and making dry and profitable of those surrounded grounds is chiefly hindred , for that the greater part of them are Wastes and Commons , subject yearly to surrounding , wherein divers have Common by Prescription , by reason of their resiance and inhabitancy : which kind of Commons nor their interest therein , can by the Common Law be extinguished or granted to bind others which should inhabit there afterwards : And in that also it appeareth , that the Commoners in respect of their poverty are unable to pay the great charges to such as should undertake the recovery of the same : It was therefore enacted , that the owners of 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 a a Ex ●od . MS. penè● O● . S. Iohn . A●m . f. 163. b. 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 , 11 I●lij . 2 Iac. 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 † † Ib. 198. b. of the Commission for the general Drayning , 3. J●c . An. 1605. attempted A● 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 Ibid. 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 Tiln●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 , 2. Apr. An●● 1605. 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 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 ●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 b b Ib. f. 194. a. to the before-specified Commissioners , 22 Apr. 3. J●● . A. 1605. 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 c c Ibid. b. 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 ● 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 d d Ib. f. 200. b. of the whole Level , begun on the xxith. . of Iune next following , by Sir Robert Bevill , Sir Robert Wingfield , Sir Iohn Gamlyn , 21 ●uni● . 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 .

Iunij . 22. 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 .

Iunij 24. 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 Riv●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 : This River is now called Popham's Ea. 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 . I●nij 25. 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 .

Iunij 26. Thence we came to Over , Aldrich-Causey , Haddenham , Grunty fen , and so to Ely . In Ely town we observed , that the water was but 14 Inches deep , and upon the Hards 18 Inches , and in some places 2 foot .

Thence we passed by water to Sotherey , and Prick-willow , where Mildenhall River falleth into Ouse : And between Ely and Littleport Chair , we observed ; that the said River of Ouse was so crooked , that the making a new River from Erith bridg , through Sutton , Beryall and Westmore fens , to Wellenhey River , and thence through certain Fenns of Norfolk , into the Ouse , about Mayd lode , would be most necessary , and that without so doing the Fenns could never be drayned .

Thence we went to Rebbech , where Brandon River ( alias Ouse parva ) falleth into Ouse , neer Preist houses .

Thence to Sotherey and Modney . Thence to Helgay bridge . Thence to Fordham . Thence to Salters lode , where Nene falleth into Ouse ; which is a very great descent , viz. ten foot from the soil of the Fenns , to the low water mark , ( besides the natural descent of the Fen-grounds , from the Uplands of Huntingdon-shire thither . ) Thence to Wisbeche .

I●nij 27. Thence to Tower house , and so to Hobbs house ; where we observed that Plantwater ( which cometh out of Nene at great Crosse to the said Hobbs house ) with Staven Ea ( which were wont to run to Tower house , and so to Wisbeche ) do now run from Hobbs house , by Hunster stones , through Hobbs dike , into March River .

Thence we went to Marche and Dodington : and between Dodington and Chateriz there is a small lode Besselinges lode , which runneth through a low Marish Fenn .

Thence to Chateriz Towns end ; where there is a Sewer called Chateriz leame , growing from the West-water at Chateriz Ferry unto Dodington weeles .

Thence to Mephall , and there saw Mephall lode , which runneth from Sutton lode . Thence , by water , to Cambridge .

In which passage we took notice , that Harrymere gravell was a great means of the overflowing of Grant . As also of Burwell lode , Swaffham lode , and Botesham lode , all which do fall into Grant .

Upon this view Mr. Hunt ( who was the Artist for the Drayning ) represented e e Ib. f. 204 , a. to the said Commissioners what Cuts , Banks , Sluses , Clows &c. would be in his judgment farther necessary in order to the perfecting this work ; all which they signified under their hands to the Lords of the Council , together with their opinions how much it would tend to the honor and inriching of the Kingdome ; but declined , in regard of shortness of time , to give any estimate of the charge thereof , or upon what conditions it would be meet to take it in hand .

And upon the xxiiiith. . day of the same Month , 24 Iunij 3 Iac. Anno 1605. the King himself , by his Letters f f Ib. f. 194. b. bearing date at Grenewich , taking notice of theirs to the Lords of his Councill ( as aforesaid ) incited them , to fall in hand speedily with the work ; and the rather , because that was a dry Summer , and so the more proper for it : intimating also , that for the better expediting thereof , he had imployed his Chief Justice ( Popham ) to take pains therein .

Whereupon such good speed was made , that upon the xiiith . of the next Month , this following certificate was delivered in to the said Commissioners , then sitting at Wisebeche .

g g Ib. 197. a. The true content or number of Acres in the Fenns described in the general Plot , lying without the Fen-dikes , as it was delivered by William Hayward Gent. Surveyor , upon his Oath at Wisbeche 13 Iuly 1605. Acres . BUrrough-soke great Fen , with some severals by Catts-water 13 ●●ly 3. ●ac . an. 1605. 8015 Burrough little Fen. 900 Croyland Fenns , in three pieces 2000 Certain several Fens and wet Meadows , lying in Ely , between Borrough - Little fen , Borrough great Fen , and Catts water 763 Thorney grounds , containing in all 15850 , whereof in hard land 400 Acres ; in Fenn 15450 UUisbeche Hundred high Fen , with Sutton Fen and Throkenholt severals 8365 Ladwers , Ixwell-moore , the Rivers &c. and other severals betwen Coldham bank , Bishop's dike , the division of March , UUelney-River , and Darcey-lode 0740 UUittlesey and Stanground Common Fenns , with divers severals and half severals between the old Ea and Thorney bounds , the division of UUisbeche high Fenns and Dodington fenns ; and from that division by the High stream and Ramsey-mere to Knuts delph , and by that Delph up to Horsey brigg ( in which bound Ramsey hath a part of a Fen , next to Ramsey mere ) containing 2800 Acres 24435 Other Fens between the said Delph , the high stream , Ubmere , UUittlesey mere , and so by Conquest lode to Pocket-holme , and the high Land 7390 Certain Fens in Huntingdonshire , between the high land skirts , and Ramsey-Hards , and Mere ; and the said high stream and Conquest lode 13455 Other Fenns of Huntindonshire , lying between Ramsey Mere , the high stream to Benwick , the West-water to Erith brigge , and the skirts of the high land , between the said Bridg and Ramsey Hards 13340 The Fenns of Dodington cum membris , Common and several 32000 Hony Fens , in all 370. viz. Hard land 90. Fen 280 Chateryz Fens , together with certain Fens of Sutton and Byall fen , with some severals lying between the bounds of Dodington and Hony , the West-water , Sutton lode , and Oxwillow lode 20700 Sutton Fens on the South of Sutton lode , between the West-water , Haddenham fens , and the Hardes of Haddenham , Sutton , and Mephall 2910 Haddenham fens , between the former Fens , the River of Ouse , Wilberton fens , and Haddenham hards 3870 Willingham fens , on the South of the Ouse , on the West of Aldrey-Causey , besides Hempsall on the East thereof 2920 Wilberton Fens , with part of other Fens between the Ouse and Hard land , to Ely bridge 2790 Grunty-fen , encompasseth with the high lands 1694 A Fen more North , between Sutton lode , by Coveney and the hard land of divers Towns compassing it 3780 Downham Wodfen , and other Fens between the Fens of Litle port , the Ouse , and Ely hard-lands , to the Town 2440 The Fens of Littleport on both sides of the Ouse , Common and several 12660 Westmore , South of Darcey-lode , and West of Welney River , together with divers severals 15360 Certain Fen grounds , Common and several , between Welney River , and the Causey dike in Upwell 1105 Certain Fens , Common and several , between Welney River , Maid lode , the Ouse and Litleport grounds 8600 Part of Wisbeche high Fen , lying in Waltersey , with divers severals 4320 Marshland-fen , and many other grounds between Maid lode and Spalding River , the Fen banks , and Sea banks , which will be made dry by the general drayning 4220 The Fens between Helgay brigg and Stoke brigg , by the River on the South-east ; the high lands of Stoke , Wretton , Wereham , D●reham and Wroxham on the North ; and the grounds of Edmund Skipwith Gent. on the West 2900 The Fens between the high grounds of Hocwold , Wilton , Feltwell , Methwold and Northwold high lands , on the East ; Soke River on the North ; the imbanked grounds of Helgay , Modney , Sot●erey , and in part the River of Ouse on the West , and Brandon River , from Preist houses to Brandon brigg 23290 The Fens between Brandon River , on the North the River of Ouse , in part ; and Whelpmore and Burt fen on the West ; Mildenhall high land and River on the South ; and the high lands from Mildenhall to Brandon 22120 Between Mildenhall River , on the North east Ouse , from Prickwillow to Ely brigg on the North West Stuntney and Soham Causey , the high ground of Stuntney , Noruey , Soham , Isleham and Worlington on the South , and East , contain 11780 Between the said Causey and the high lands of Stuntney , on the North Ouse and Grant , from Ely brigg by Up-were on the West , Wickynhie grounds on the South , and of Soham East 4297 The Fens and low grounds between Grant from Upwere to Clay hithe and Horningsey high grounds , on the West the way from Quoy to Eambridge , and Quoy and Bottesham high grounds on the South● the two Swafhams , Reach , Burwell , Lanward and Fordham , on the East ; and of Soham and Wickin North 11950 The Fens between the high grounds of Teversham and Hinton West ; of Fulburne South ; of great and little Wilbram East ; of Bottesham and Quoy , North 1240 Between Grant from Harrymere to Ditton , on the East of Ouse ; from Harrymere to Aldrich bridg on the North ; Hempsall , Yram and the high grounds of Rampton , West ; and the high grounds of Cottenham and Denney Abby South 9480 Hempsall and Ireham , East of Aldrich Causey 823 The low grounds from St. Ives to Erith bridge on the South ; the Fens of Willingham and Over on the East ; the high grounds of Swasey , Drayton , and Stanton on the South , and the high grounds of St. Ives West 3529 The low grounds below St. Ives , on the North side of Ouse , between the said River on the South and East , and the high land of Bluntesham , Hallywell and St. Ives on the North and West 1871

The total sum 307242 Acres .

Whereupon the said Commissioners sitting h h 13 〈◊〉 . 3. ●ac . an. 1605. at Wisebeche aforesaid , upon the day and year aforesaid ( the Lord Chief-Justice Popham being then and there present ) made certain Laws i i I● . f. 204. ● . and Ordinances , the extract whereof is , as followeth .

Ordered , first , that Sir Iohn Popham Knight Lord Chief Justice of England , Sir Thomas Fleming Knight Chief Baron of the Exchequer , Sir William Rumney Knight Alderman of London , and Iohn Eldred Citizen and Cloth-worker of London , their heirs and assigns , shall within the space of 7 years , next coming , at their own proper costs and charges , drayn all the Fens and surrounded grounds , between the old course of the River of Ouse as it now runneth from Erith bridg to Salters lode , and Deping ; and within the land Eas hereafter mentioned : And convey the said River of Ouse , or the greatest part thereof , from some place at or neer Erith bridg aforesaid , unto such place between Salters lode and Mayden lode , as the said Undertakers &c. shall think meet .

Which conveyance to be made between the bottom of the two uttermost Banks 30 pole at the least , and the Rivers to be 30 foot wide and 8 foot deep : And the same utmost Banks , to be each of them 30 foot wide at the bottome , and 7 foot in height at the least ; and if that height will not do , to carry away the water &c. then to raise them higher .

That the like passage be made at the entrance of the Fens neer Peterborough , for the conveyance of the River Nene from thence to Wisbeche .

And so likewise for the River of Weland , from its entrance into the Fens at Waldram Hall , untill it meet with Glen .

That Land-Eas from Erith to Stanground , and thence to Waldram hall be made , to defend the grounds within them , and between the said new passage of Ouse and Weland from the Land flouds falling from the Upland-Countreys : which Land eas to be from the utmost part of the Fence dike 6 pole at least .

That a drayn be made from Salters lode unto the Ham in March River , to carry away the water which shall fall into the same Land eas &c.

That a new Bank be made from Erith bridg to Ely , to defend the grounds between that and the same new passages from the overflowing of Ouse : As also other necessary Sluses and Drayns , within the precincts before-mentioned , with Bridges &c. for passage &c.

That the Undertakers shall have such sums of money as the Commissioners at their Session shall think fit , from those persons who shall take benefit by this drayning , and not contribute part of their Lands towards the charge thereof .

That the Undertakers shall allow for the drayn at Clows Crosse in ease of this charge to the Countrey .

That a Navigable Sluse be made at Salters lode . And that Well-Creeke shall be inlarged and diked to London lode ; and thence through Neatmore to Wadingstowe ; and thence over the River of Wellenhee , as directly as may be , unto or above the Ham in March River . And a Sluse , with a bridg to be made at Wadingstow , to keep so much of the River Neene , as shall be needfull , in its old course through both the Towns of Welle .

In recompence of which performance , the said Undertakers to have one hundred and thirty thousand Acres , of statute measure , of Fen grounds ( at fivescore to the hundred ) to be taken out of the worst sort of every particular Fen proportionably , by the Commissioners , before the Feast of the Annunciation of our Lady next coming , the whole number of surrounded Acres being 307242.

And that the Undertakers , their heirs &c. shall enjoy all the said waters , Fishings and Banks , of and within the Rivers , with the Indikes , and Land-Eas ; and liberty to take sufficient menure for the repairing of the said Banks &c. which Rivers , Banks , Indikes &c. to be accounted parcell of the said 130000 Acres so assigned to them .

And that the said Undertakers shall make good all drowned parcells out of their own proportions , or in value , in case the drayning be not made perfect to the Land-owners .

Of which quick dispatch his Majesty being advertised , he wrote to them , again , from Theobalds , upon the xxiiith. . of the same Month of Iuly : by which Letters k k Ib. f. 195. a. he commended their endeavours in the work , 23 Iulij . 3. Iac. and progress made therein : and , taking notice of some opposition , which had been made by certain people thereto , not knowing out of what spirit it proceeded , desired them to take special care to suppress the spreading of all false rumours , that might give distast to the Countrey , touching their proceedings therein , and with those who were then imployed by his Majesty in that service , as also to examine the grounds of all such rumors , and to punish the Offenders ; giving advertisement to his Majesty and the Councel of any mutinous speeches , which might be raised concerning this business , so generally intended for the publick good .

Shortly after this , viz. upon Monday , Aug. 5th . Mr. Hunt , Ric. Atkyns and others , laid l l Ib. 199. b. A●g. 5th . out the ground where the River , through Neatmore should go , by a straight line to Mumbes dikes end : An. 1605. but misliking the way , on Tuesday they veiwed New ditch ; and in the Northeast end thereof , Popham lode begun . by the Pow dich , laid out the Ditch , to be led , line-right , from thence to the Cross at Upwell Towns end .

And upon m m Aug. 7th . Wednesday , about 8 of the Clock , the work began , in the presence of Mr. Hunt ( who cast the first spit the wrong way ) Mr. Helon , Mr. Totnall , Mr. Hamon , Mr. Iohn Fyncham , Mr. Richard Atkyns , and others . And was prosecuted so well , as that upon † † Ib. f. 199. b. 11 Dec. the xxith. . of December following ( being the Feast day of S. Thomas the Apostle ) the Bank at the Cross at Upwell towns end was opened , and the River suffred to run ; as also a Bridge presently laid over . 15 M●rtij . But on the xvth. . of March next ensuing , there hapned so great a storm , that it brake the Banks of this new River , and drowned Neatmore , with the severals adjoining : So that on the xxi . 21 Martij . of the same Month of March , they were constrained to stop the River at Upwell Towns end , again .

Not long after this , there was a Petition Ib. s. 195. b. exhibited to the King , by the Inhabitants of divers fen-towns without the I le of Ely , in the Counties of Suff. and Cambridg ; humbly desiring , that whereas a most laudable work of drayning the Fens &c. was then recommended to the high Court of Parliament , and that divers Towns lying on the skirts of those Fens would have no benefit thereby , in regard their lands were very seldome surrounded ; they therefore might be excluded out of the intended Act of Parliament , whereby a proportion of the said Fen grounds was to be allowed to the undertakers in the drayning , for the supporting of their charge therein .

Whereupon the Lords of the Councel , by their Letters o o Ib. f. 196. a. dated at White-Hall upon the xxxi . of August , in the fourth year of the said K. Iames his Reign , Ult. A●g. 4 Iac. Anno 1606. reciting what had been signified formerly by them as to the fecibleness of the before-specified Drayning , and that the Lord Chief Justice ( Popham ) was present at the Session of Sewers held at Cambridge , and gave notice to the Country that his Majesties pleasure was so far to further the same , as to men of understanding might appear to be to the general good of his people ; as also that there was a Law then made for the said Drayning : And moreover , that at another Session held at Wysbeche , order was taken for the drawing of a Law to be presented to the Parliament for confirmation thereof : But that some persons , not well understanding the state of the cause , complained to his Majesty of great losses and hindrances which they were like to sustain in case the said Act should proceed ; and therefore desired the said Commissioners to examine the true Causes of those Complaints ; and to represent to them the true state of the Fens , with the difference between the last years profit and that present year .

In answer whereunto the said Commissioners made this return p p Ib. f. 196. b● to the said Lords of the Councel ; viz. that they did meet at Cambridge on the 22. of October 1606. for the Examination of the Petition formerly mentioned ; and that they found few reasons to fortify it , but such as were or might be provided for in the intended Bill ; all persons with whom they had treated having acknowledged , that the want of drayning was an inestimable hurt to those Fenny Countries : And that whereas an objection had been made of much prejudice that might redound to the poor by such drayning , they had information by persons of good credit , that in several places of recovered grounds , within the Isle of Ely &c. such as before that time had lived upon Almes , having no help but by fishing and fowling , and such poor means out of the Common Fens , while they lay drowned , were since come to good and supportable Estates .

The Chief Contents q q Ib. f. 207. a. of the Bill handled in Parliament , Anno 4. Regis Jacobi , touching this general Drayning .

The limitation of time allowed to Sir Iohn Popam Knight ( Lord Chief Justice ) and the rest of the Adventurers , for accomplishing the work , was to be ten years after the end of that Session of Parliament .

The particular Cutts and Drayns &c. to be made by the Undertakers , were as followeth .

1. A New River , with a Bank and In-dike , from the Upland , neer Peykirke , between Weland and Burrow Bank , unto or neer Heddike Corner ; and thence to Crouland water head , and there to place a Sluse ; and so to great Porsand Bank , with a Dam over the River to the said Bank , to keep in Weland from overflowing .

2. To amend the Leame from Peterborough to Guyhirne ; and to cut a new River and Bank on either side of the said Leame , with Indikes for preserving of the Banks ; the North Bank to begin from Burrow little Fen Bank ; where six of the Commissioners shall think fit .

3. To enlarge the River from Guy hirne to Wisebeche , and so to the four Gotes .

4. To make a sufficient passage for the River of Ouse , from Erith to Salters lode , either by enlarging its Chanel , or embanking &c. And to make two new Rivers to begin about Erith brigg , and so to go by Sprall's were , to Mayd lode ; and so through Denver fen into Ouse , about Denver hithe , with sufficient Banks and Indikes &c. and Sluses at the upper end of the new Rivers and West water , in such sort as the Navigation in old Ouse and Grant may not be impaired .

5. To imbank in all needfull places , Grant , Mildenhall , Brandon and Stoke Rivers ; viz. Grant from a Corner below Clayhithe ferrey , Mildenhall , and Brandon Rivers , from their entrance into the Fens , or from some other more convenient places . And Stoke River , from Stoke Causey ; unto the places where they fall into Ouse ; and to enlarge them where need is , with Banks and Indikes &c. as six of the Commissioners should think fit .

6. And to make new Rivers , Banks , Indikes &c. where need is &c. yielding to the owners of the Lands , such recompence , as any six of the said Commissioners should think meet . As also Bridges , passages , Sluses , and Land Eas.

7. That they may take in water to maintain fishing , so as the same be kept within Banks , and be not hurtfull to the adjoyning Fens .

8. To make Ferryes and Ferrey houses where need is .

9. That for this performance the Undertakers &c. to have in severalty 112000. Acres , Statute measure , by the small hundred , by assignation of the Commissioners .

10. That where there is sufficient waste to answer the Undertakers , and leave sufficient for the Commoners , the Land owners not to be impeached in their severals .

11. That the Commissioners do respect both quantity and quality in their opportioning .

12. That such opportioning be made before Michaellmass A. 1007. if they may .

13. That of Waltersey the Undertakers to have 2. full parts of 3. to be set out , as aforesaid .

14. That the Undertakers shall have the soil , waters , and fishing of all the new Rivers , so to be made , with the Banks , Indikes &c.

15. That they shall begin to take their profits , as they finish their draynings .

16. That if any of the grounds shall be again overflowen , recompence to be made to the parties damnified , out of the 112000. Acres , to be assessed by any six Justices of the Peace ( whereof 2. of the Quorum ) where such surrounding shall happen .

17. That all grounds adjoyning to these Fens , which are bettered by the Drayning , shall contribute towards the charge of the Undertakers , as any six or more of the Commissioners shall think meet .

18. That all Mannors , Wastes , and Common shall have metes and boundaries set to them by the said Commissioners , where the bounds are known ; and so likewise where they are not known , to do the like ; which boundaryes shall stand good for ever . And that if the Commissioners cannot agree ; the difference to be certifyed to the Lord Chancellour , or Lord Keeper for the time being ; who with the assistance of certain Judges of both Benches , to determine it . And that within 3. years after such determination , the Owners and Commoners to make division Dikes , in bredth and depth as shall be thought fit by their Lords and the Homage .

19. That the Commons shall be stinted by the Lords and greatest part of the Freeholders , and Copyholders Commoners , with the allowance and consent of the Judge of the Isle , or one of the Justices of Assize of the County .

20. That the Cottagers upon the Lords waste , not having right of Common , because they have been suffred to take benefit of the wastes , shall be provided for by the Lords and Homage in every Mannour , in the said wastes , as the Lords and Homage shall think fit .

21. That of the 112000. Acres belonging to the Undertakers , no more then 4d. an Acre to be paid for the Tithe thereof for ever , yearly .

21. That after the said Drayning , there shall be a Corporation , or body politick of xxx . known discreet and sufficient persons , by the name of the Governours of the Fens within the Isle of Ely &c. to purchase &c. Lands , to sue and to be sued by that name ; the first of these to be Martin ●ishop of Ely , Sir Anthony Mildmay , Sir Iohn Peyton , Governor of Gern●ey ; Si● Oliver Crumwell , Sir Robert Bevyll , Sir Edw. Coke Attorney General , Sir Iohn Cutts , Sir Iohn Heigham , Sir Rob. Wingfield , ●ir Rob. Cotton , Sir Edw. Apsley , Sir Henry Warner , Sir Miles Sandys , Sir Simeon Steward , Sir Thomas Lambert , Sir William Rumney Knights ; Humfrey Tindall Dean of Ely , Anthony Irby , Tho. War , Thomas Rawly●s , and Henry Totnall Esquires ; Iohn Eldred , Roger O●field of London Merchants , Iohn Fyncham , and Iohn Hunt Gentlemen : And when these dy new to be chosen , by the most voices , out of such Lords or Undertakers as shall have 1000. Acres at the least of lands assigned to them .

21. And that the Governours for ever shall have assured to them 112000 Acres , statute measure , which they may keep for ever , and the profits to be imployed for the perpetual maintenance of the drayning , and satisfaction for drowning , as before , so far as it will suffice ; and when it will not suffice , the Governours then to lay a Tax of all the rest , to do it withall .

22. And that the said Governours may make Laws for the maintenance of the drayning and levying such Taxes , in cases aforesaid , and put them in execution , being ratified by the Lord Chancelour , Lord Keeper , or the Lord Tresurer and the two Chief Justice● or any three of them , whereof the Lord Keeper , or Tresurer to be one . And the Governours to let the lands to them appointed , to the best value , so as they exceed not the term of seven years .

An. 4ᵒ. Iacobi Regis Cap. 13. Observations Ib. 167. b , out of the Act for Drayning of certain Fens &c. within the I le of Ely , containing about 6000. Acres , and compassed with a Bank called the Ring of Waldersey and Coldham .

THat Francis Tindall Esquire , Henry Farre , and Iohn Cooper Gent● having undertaken to endeavour the drayning &c. shall have power , for the space of 7 years ensuing the end of that present Session of Parliament , 4 ● Iac● to effect the same ; the lands so intended to be drayned , lying within the Bank beginning at Kekys mill , and thence extending by Tower house and Hobbes house to Tylney hirne ; so by Maryes dam and Elme leame to Fryday bridge ; and thence by Redmore dike , Begdale , and Goldike to Kekys mill again . And that for the doing thereof they may have power to make new , or repair , as need is , all Drains , Lodes , Banks &c. and Sluces , as they shall think fit , not being in Marshland , with●in the old Pow dike , giving such satisfaction to the owners , as by any six Commissioners of Sewers ( whereof three inhabiting within the said Isle , and thr●e within the County of Norff. ) shall be set down .

VVhich Undertakers &c. having accomplished the said Drayning , to have two parts , in three , of the lands so drayned , to them and their heirs , to be set out by six of the said Commissioners at the least , wh●r●of four inhabiting within the said Isle : which two parts to be holden of the chief Lord of the Fee &c. in free and common So●age , and to be exempt from payment of any Tithes for 7 years , after the time limited for the said drayning .

But if the said grounds so undertaken &c. shall in de●ault of the said Undertakers , be overflowed and so continue by the space of two months betwixt the Feast of S. Mich. the Archangel and the Annunciation of our Lady ; or the space of one month betwixt the Feast of the Annunciation of our Lady and S. Michael , the owner by the view &c. of any six of the said Commissioners , to re-enter and to enjoy the same .

Things most observable , extracted by me W. D. out of the Verdict r r Ib. f. 116. ● . 26 Iulii 6 Iac. An. 1608. of the Iurats , for the Hundred of Clakclose and Freebridge in Marshland , at a Session of Sewers held at Ely 26 Iulii An. 1608. 6 Iacobi .

1 THat the River of Welle from Salters lode to North delf , and so upward , was then in great decay in depth and bredth , for want of clensing &c.

2. So likewise the Sewer called Small lode , in Upwell , being stopt &c.

3. That the Sewer called London lode , lying in Upwell , ordained for the Drayning of the Fen called N●atmore , was a●●o in some decay .

4. That the Sewer called Maide lode ( beginning at Welney water ) extending to Shiplode and so to the River of Ouse , was imposed upon the Undertakers to scour &c.

5. That the Sewer called New dich in Littleport , taking its head from Welney water , and extending to Crekelode , in Sothrey and Helgay , was then in decay &c.

6. That the Sluse at Crekelode end , next to the River of Ouse , being utterly decayed , to be new made , with a dore six foot broad , and 8 foot deep .

7. ☜ That there was a new Sewer in Upwell then lately begun , by the late Lord chief Justice Popham ; P●pham Ea. which taking its head out of the River of March , neer a place in Upwell called Newdich end ; and extending in self through the Common of Upwell &c. to Wadyngstow , and so through Neatmore , falleth into Welle River at North delph , is esteemed to be a perfect Drayn for the most part of the Isle of Ely , especially the whole Hundred of Wisbeche , and the Towns of Upwell , March , Dodington , Wimlington , Benwick , Chateriz , Whitlesey , Litleport , and other adjoyning places , even to the high Lands .

8. That the Common Sewer in Sothery , called Stake lode , was then in great decay .

9. That the River of Wysse , from Helgay brigge to the River of Ouse , was then defective in bredth and depth ; and to be amended .

The next year following , upon the 7th day of Iune , in a Session s s Ib. f. 210. b. 7 Iunii 7 Iac. ● An. 1609. of Sewers held at Ely , these following Laws were made , viz. 1. That the defects in Popham lode shall be amended . 2. That for the safeguard of the grounds in Welle , by which the said Lode must passe , there be on either side of the same a sufficient Crest made , extending from the Causey of Upwe●l to Welle river at North delph , and the said Crest , or Bank , to be six foot from the plain ground , and in bredth at the top six foot , and in thicknesse at the bottom xviii foot : And that the said River be scoured and cast two foot more in depth than it then was . With Indikes of x foot in bredth , and four in depth , and two convenient Pipes or Sluses at its fall at North delph into Welle River . 3. That a Bridge of stone be made at the head of the said River by the Causey aforesaid , over the said Lode , of x foot broad , with Sluses in the three Arches thereof . 4. That four pair of Barrs be set up to keep Cattel from coming on the said Banks . 5. And that Welle River from Mullycourt to Salters lode be made above 50 foot wide .

1 Aug. 7 Iac. By virtue of which Law , the River called Popham lode was again taken * * Ib. f. 200. a. in hand upon the first of August ensuing ; and cast two foot deeper .

An. 1609. 23 ●ug . 7 ●a● . Soon after this , viz. on the xxiii of the same month , in a Session of Sewers t t Ex bund●llo De●●●torum in Officio nun●upa●o th● Pettib●g . held at Ely , the Commissioners , taking into their consideration , that whereas part of the main River , dividing the County of Huntendon from the Isle of Ely , called the West water , had used to fall by and through Sutton lode ; and thence by sundry Lodes , to Cannol lode , and so into Welney water , neer Littleport ; all which Lodes , by sundry annoyances and negligences , were become almost altogether unprofitable to the Country &c. to the great damage of all the Towns lying on the South side of the said Isle , and sundry Towns in the Counties of Cambridge and Huntendon ; they ordered and decreed , that all the said Lodes should be clensed And also , that one antient Bank on the East side of the West water , extending from Erith to Sutton lode end , and so to Mydelmore stampe , should be raised four foot from the Level of the ground thereabouts , and made ten foot in bredth at the bottom , and 3 foot at the top , by the owners & c. ●f the said grounds .

And one other Bank , lying by the said Westwater upon Mydilmore ; and another at the South thereof in South Medland , extending it self from New ditch &c. to be made of the height and bredth aforesaid , by the Inhabitants of Sutton abovesaid .

And that another Bank , lying partly by the said Westwater , extending from the ●outh end of Abbots Holload house bank to Holload gate , at the miles end , and so by the Westwater in North Medland , unto Sutton lodes end aforesaid ; t●ence to Mydilmore stampe ; thence by Shakpole lode , so to Manny Mandolegate , to Hunlode gate , to be repaired , as aforesaid , by the Inhabitants of Sutton , & Mepall abovementioned .

About that time twelvemonth , there was another Session of Sewers held at Wysebeche , viz. sexto Iulii , 8 Iacobi , where Iames Hawe Gentleman , 6 Iulii 8 Iac. Anno 1610. Edmund Gawsell Gent. and others , presented u u Ex praefato cod . MS. p●n●s O. Iohn Arm. as followeth ;

Inprimis , we find not by any Record &c. that the River of Well , from North delf pingle , unto Salters lode , hath at any time within the memory of man , been ditched : But we find that it hath been twice enlarged by the Inhabitants of Marshland , and the Town of Wiggenhall , and the Landholders of North delf pingle , viz. in the sixt year of K. Henry the 1. and at the erecting of New Powdich &c.

And we likewise find , that in 18 Eliz. there was 24 foot of ground , lying on the South side of the River next Salters lode , granted to the Inhabitāts of Marshland & the Town of Wiggenhall ; whereof xii foot was digged next to the river , for the erecting of a Bank to amend the Pow dich in time of necessity : In full satisfaction whereof the said Inhabitants of Marshland and Wiggenhall , with the Landholders aforesaid , did grant to widen the River , there , xii foot : Which Grant was then decreed by a Law of Sewers , for perpetuity &c.

We likewise say , that Popham Ee , doth , and is likely to bring much more water to the River of Welle , from North delf to Salters lode , than hath usually passed that way , within the memory of man .

Upon which Verdict ensued then and at that place these Orders made by Sir Iohn Peyton , Sir Miles Sandes , and other his Majesties Commissioners , viz.

That the ixth of August , next following , a view should be taken by the said Commissioners , of the River between North delf and Salters lode ; and upon the same view , a Law made , for the widening , diking , and making it of such widenesse and depth , as the said Commissioners should think fit ; to be done at the charges of the Country of Marshland , the Town of Wigenhall , and the Landholders of the hundred and odd Acres in Stowe ; and the Landholders of North delf pingle : And that the said Landholders &c. shall be thereupon , free from any charge toward Popham Ee.

Upon this view , it was likewise agreed ; that the River from North delf to Mathew Bales , and xl pole lower● should be made xxx foot wide ; which was done accordingly .

The next year following , at a Session of Sewers , held w w Ib. f. 226. a. 20 M●ui . 9 Iac. an. 1611. at Stow brynke , in com . Noff. upon the xx of May , it was thus ordered by the Commissioners , that the Undertakers and their heirs should have power to drayn all the grounds mentioned in the Act of 4 Iac. ( formerly mentioned ) through the Pipe called Coldham gote , which lyeth under the Bank of Elme leame ; and so through a piece of ground , lying between the said Leame , and a Bank leading from Fryday bridge to Bishops dike ; and so till it come over against a Dike between the lands in Oldfield and Needham : Thence betwixt the lands in Oldfield and Say's field on the one side , and Needham bank and Thornedike on the other side ; and so to Old lode , called Chapell lode ; Thence through Greendike ; Thence to the Bridge neer B●aupre Hall : Thence to Stonhamslile , and so to Boys fen gate : Thence unto Bedingfield Barrs , and so to Hook gate : and thence to Staple were at the Bank of Ouse .

This was called Coldham and Waltersey Law . In pursuance x x Ib. f. 299. b. 2 Aug. 9 Iac. whereof the Dikers set upon the work , upon the Wednesday then next following .

And upon the second of August , the Ma●ons began y y Ibid. the Pipe under UUelle River , which was finished upon the Tuesday after Michaelmass day .

After which , within a few dayes ( viz , on Fryday ensuing ) the Masons began z z Ibid. the Sluse at Stow for Coldham .

And upon Saturday , being the xxith of September , the Commissioners took a a Ibid. view , ●1 Sept. 9 Iac. for Mr. Bell , in Stowe and UUelle , for the low grounds between Popham lode , and the new Powdike .

All things therefore speeding on so well , upo● Thursday following ( it being the xxvi of September 26 S p● . ) in a Session b b Ib. f. 299. ● . held at King's Linne , in the County of Norfolke , there was another Law of Sewers made , called Low fen , and UUalsingham fen Law , the tenor whereof is as followeth , viz.

Whereas there are about 1300 Acres of low grounds , lying together in the several Parishes of Upwell and Outwell in the County aforesaid , between Popham River on the South , and the Bank called Bardyke and Churchfield dike on the North , and Outwell Crest towards the East , which are preserved from overflowing by the said Crest , and by the Bank on the North side of Popham river aforesaid ; which low grounds may be drayned &c. And that the repairing of the said Crest , and of the North Bank of Popham River will be a defence to the new ☜ Powdich , and a great preservation to the Countrey of Marshland .

And whereas the drayn from Plawfield , in Upwell , to Hodghyrne ; and there falling into Rightforth lode , and thence , by a Sluse neer Stow bridge into the River of Ouse , is very defective &c. which being repaired would be sufficient to drayn all those low grounds : We do ordain and decree &c. that it shall be lawfull ●or the Landholders and Commoners of and in the said low grounds &c. to drayn them through the said Sewer .

And we do farther ordain , that the said Sewer from the said Sluse to a place called West head shall be diked &c. ten foot broad in the bottom , at the least ; and in depth proportionable &c. And from thence to UUelle river x foot broad , and 5 foot deep , and the greater part of the menure to be cast on the South side of the said Lode , from UUest head to the East end of Hodg hirne , for the making of a sufficient Crest to hold the waters within the brink thereof .

And that there shall be placed in the North end of Churchfield dike , in Outwell , a Sluse of Brick with a tunnel of two foot broad , and three foot high , with a dore to be pulled up & shut &c. And from the said Sluse a Drayn or Sewer to be made under Churchfield dike on the East part thereof , to the North end of Champney-Corner : And from thence to continue the same Drayn , in an antient Dike , between Outwell Common on the North &c. to North delph .

8 O●t . 9 I●c . Anno 1611. Upon c c Ib. f. 200. a. Tuesday ( being the 8th of October following ) in the night tide , the Dam made by Mr. Hunt for Coldham , a little below Stow bridge , broke up ; and on Wednesday , being inwardly taken with a little light Moor , broke again : So likewise on Thursday , being taken with earth between Planks set end-wise , it brake again ; and continued running till Sunday Oct. 13. At which place there assembled that day , Sir Raphe Hare and six other Commissioners ; who laying the command of the work and order of it upon Mr. Richard Hunt ; he , with the assistance of the Country , took it in hand , and made it firm before the return of the next Tide .

But as we see by how little was done in this and most of the precedent years , that the general Drayning went but slowly on , notwithstanding the King himself , as also the Lords of the Council , and those Gentlemen who were constituted Commissioners for that purpose , had so earnestly endeavoured the speeding thereof ; so was there now such a stop , for the space of five years at the least , that there nothing appeareth of consequence to have been farther prosecuted therein , by reason of the opposition which divers p●rverse spirited people made thereto , by bringing of turbulent sutes in Law , aswell against the said Commissioners , as those whom they imployed therein , and making of libellous Songs to disparage the work ; of which kind I have here thought fit to insert one , called the Powtes Complaint .

COme Brethren of the water , and let us all assemble , To treat upon this matter , which makes us quake and tremble ; For we shall rue it if 't be true that Fenns be undertaken , And where we feed in Fen and Reed thei 'le feed both Beef and Bacon . Thei 'l sow both Beans and Oats , where never man yet thought it , Where men did row in Boats ere Undertakers bought it : But Ceres thou behold us , let wilde Oats be their venture , Oh let the Frogs and miry Boggs destroy where they do enter . Behold the great designe , which they do now determine , Will make our bodyes pine a prey to Crows and Vermine : For they do mean all Fenns to drain and waters overmaster , All will be drie , and we must dye 'cause Essex-Calves want pasture . Away with Boates and Rodder , Farewell both Bootes and Skatches , No need of t 'one nor t'other , men now make better matches ; Stiltmakers all and Tanners shall complain of this disaster ; For they will make each muddy Lake for Essex Calves a pasture . The fethered Foules have wings , to fly to other Nations ; But we have no such things to help our transportations ; We must give place ( oh grievous case ) to horned Beasts and Cattell , Except that we can all agree to drive them out by Battell . Wherefore let us intreat our antient water Nurses , To shew their power so great as t' help to drain their purses ; And send us good old Captain Floud to lead us out to Battel , Then two-peny Jack , with Skakes on 's back will drive out all the Cattel This noble Captain yet was never known to fail us , But did the Conquest get of all that did assail us ; His furious rage none could asswage , but to the Worlds great wonder , He bears down banks and breaks their ranks and Whirly-giggs asunder . God Eolus we do thee pray , that thou wilt not be wanting , Thou never saidst us nay , now listen to our canting : Do thou deride their hope and pride , that purpose our confusion ; And send a blast , that they in haste may work no good conclusion . Great Neptune ( God of Seas ) this work must needs provoke thee ; They mean thee to disease , and with Fen-water Choake thee : But with thy Mace do thou deface and quite confound this matter , And send thy Sands to make dry lands when they shall want fresh water . And eke we pray thee Moon , that thou wilt be propitious To see that nought be done to prosper the malitious ; Though Summers heat hath wrought a feat , whereby themselves they flatter , Yet be so good as send a floud lest Essex Calves want water .

Upon great complaint therefore of these their doings , made to the Lords of the Council , I find this Order f f Ib. f. 237. a. 8 Nov. 14 I●c . An. 1616. made by them , bearing date at White Hall upon the 8th . of November , in the xiiijth. . year of the said King's Reign ; viz.

That whereas sundry vexatious sutes had been brought against his Majesties Commissioners of Sewers and their Officers by divers obstinate persons , for executing the Orders &c. of the said Commission , to the great hazard of the inundation of many large Levells in the Counties of Northt . Hunt . Cambr. and Linc. That the said Lords , well weighing these undue proceedings , and the antient Laws of this Realm , evidenced from divers notable Records in the very point questioned ; as also the continued practice of antient and latter times ; and likewise the opinion in writing of the Lord Chief Justice Popham , upon the Questions touching the Authority and power of the said Commission ; viz. first whether the said Commissioners have Authority to cause new Banks , Drayns● or Sluces to be made , wh●re none have been before .

Secondly , whether they may lay a Tax upon any Hundred , Town or the Inhabitants thereof in general , and not impose it upon every particular man , according to the ●uantity of his land or Common . Thirdly , whether they may commit to prison such as disobey their Orders &c. and Fourthly , whether that Actions of false Imprisonment , Trespass , and other Proces at the Common law , have been brought against the Commissioners or their Officers for executing their Decrees , Orders &c.

Their Lordships finding in their wisdomes , that it can neither stand with Law nor Common sense , that in a case of so great consequence the Law can be void of providence , to restrain the Commissioners in making new works , aswell to stop the fury of the waters , as to repair the old , where necessity requireth it for the safety of the Countrey ; or to raise a charge upon the Towns or Hundreds in general , which are interessed in the benefit or loss , with attending a particular admesurement of Acres , where the service is to be speedy &c.

Or that a Commission of so high consequence to the Common-wealth , and of so antient Jurisdiction , both before the Statute and since , should want means of coercion for obedience to their Orders &c. whereas upon the performance of them , the preservation of thousands of his Majesties Subjects , their lands , goods , and lives doth depend : and plainly perceiving , that it will be a direct frustrating and overthrow to the Authority of the said Commission , if the Commissioners &c. shall be subject to every sute at the pleasure of the Delinquent &c.

Their Lordships ordered , that the persons formerly committed by that Board for their contempts concerning this cause , should stand committed , untill they release or discharge such their Actions &c. Saving nevertheless any complaint or sute for any oppression or grievance before the Court of Sewers , or before the said Council board , if they receive not Justice at the said Commissioners hands : And that Letters be written to the Commissioners to proceed in their several Commissions &c.

And in pursuance of this general work , the said Lords of his Majesties Council sitting at White Hall the ixth. . of May , Anno 1617. then next following , orderd ; g g Ib. f 250. b. 9. Ma●● 15●● 1. That a Sluse must necessarily be made at the out-fall of Wisbeche River into the Sea , at the charge aswell of the high-Countries as the low , to be rated by the Commissioners of Sewers . 2. That the River of Wisbeche , and all the branches of Nene and Westwater ● be clensed and made in bredth and depth as much as by antient Record it shall appear they have been ; or where that cannot appear , at the discretion of the Commissioners . 3. That Weland be also scoured &c. from the out-fall to Waldram Hall , at the particular charge of the owners , and their Tenants : As also the River of South Ea , from Crouland to Guy hirne , by those that of right ought to do it ; and that till that be done , Clows crosse drayn shall run . 4. And that things to be farther done therein be referred to a new Commission of Sewers , to be procured at the indifferent charge of the Countries therein mentioned .

10 S●pt. 15 I●c . After this ; viz. upon the xth. . of September , the ●ame year , in a Session of Sewers held at Wisebeche , before Francis Lord Russell , and other his Majesties Commissioners , it was ( inter alia ) ordered ; h h Ib. f. 42. 1

That London lode should be dam'd up at Welle-Causey ; and that Popham Ea be made a perfect Sewer , with Banks on both sides , according to a former law , for height bredth and strength , and so continued for ever . And that so much charge , as the charge of the Banks on both sides of London lode , and of the lode it self , whereof they are dischardged , by this Order shall be imployed upon the making and maintaining of the Banks and Sewers of Popham Ea , the same to be rated by the Commissioners of Sewers .

And that the said Commissioners shall also consider what charge is to be imposed on those , who by the old law were chargable towards Small lode , and to allow the same upon Popham Ea , &c.

Whereupon Sir Henry Hobart Knight , 11 Nov. 15 Iac. then Lord Chief Justice of the Common Pleas , being then advised with , and likewise assisted by divers of the Commissioners of Sewers , delivered his opinion i i Ib. f. 258. a. touching this Drain called Smal lode , as followeth ; viz.

1. That it is an old forsaken Sewer , not known within the memory of man to have been in use , and so grown up , that the very tract thereof is not in many places discernable ; and that it is also uncertain whether the proper out-fall thereof should be towards the Ouse ( as an exemplyed Law of 39. Eliz. appointeth it ) or to Wisbeche River , as some Presentments , much more antient , do declare it . 2. That the scouring thereof hath antiently belonged to the owners of lands adjoyning ( now pertaining to Sinolphus Bell Esquire and others ) but for the reasons aforesaid not put in charge till the said Law of 39. Eliz. ordaining it to be opened , and to have its fall by the new Powdich into Ouse . 3. That by a Law made ix . Iac. grounded upon a view and open debate in Sessions , it was ordained to be dam'd up , as unnecessary . 4. That Popham Ea ( though a new Sewer ) is of such use , in respect of its largeness , and situation , that it alone sufficeth ( as many think ) both to discharge the waters descending thither from the high Countries , and those also of the grounds drayned by London lode , that there is no use of this Smal lode . 5. That therefore those lands adjoyning ( which belong to the said Sinolphus Bell and others ) be discharged from its repair &c.

Reasons confirming this opinion .

So long as the outfall of Wisbeche had its perfect being , the whole River of Ouse had there its perfect outfall , from whence the Town seemeth to have taken the denomination ; viz. Ouse or Wisebeche . Thither then came the first Branch of Ouse , from Erith , by the course now call●d the West water to Benwick ; where meeting with a part of Nene ( which then was very small , the greatest passage being , in those days , by Crouland , South Ea , Wride stream , and other Courses about Thorney ) fell together by Great Crosse or Plant-water , to the North Seas at Wisbeche . The other part at Ouse , being the second Branch , fell down from Eryth to Harrymere , and there meeting with the River Grant from Cambridge , passed so united to Ely ; thence to Litleport Chair , and so by Welney and Welle to the said North Seas at Wisbeche , where it met with the former Branch from Benwick .

Then , as it seemeth , there was no River between Litleport Chair and Rebbech , which is a place by Priests houses , where Ouse parva or Brandon water , falleth in : But divers Lodes , Lakes and Dikes ; at S. Edmunds lode , Gnat lode , and Docky lode , which took their natural fall into a great Meer by Welle , called the Wide ; and from the Wide , by divers tracts , as Webwinch lake , Aldy lode , old Smal lode , Cheselbeche , Waxbeche lode , Small lode ; and so into the River at Upwell ; and thence , with the same Branch from Litleport to the North Seas at Wisbeche .

But Wisbeche outfall decaying ; and the passage of Nene by Crouland , likewise fa●ling , through the decay of of Spalding River , and other hinderanc●s ; the Westwater , or first branch of Ouse , with Nene united , waxed weak in the passage , and so fell down by Marche to Welle ; and not finding passage by Welle at Shrewes nest point , the most part thereof turned back again to Litleport , by the old forsaken second Branch of Ouse , and holdeth that course to this day .

This second Branch of Ouse , with Grant united , lying hereby debarred of passage by Wisbeche , means was made to let it fall from Litleport-Chair to Rebbech , by a lode , which at the first seemed to be called Hemmings Ea , and so in Ouse parva's Chanel , passed to Salters lode , and thence to Lynne ; whose Chanel , not long before that time , was not above six pole wide , being then by due presentment said at that time to be both infficient for the Haven and Vessels thither resorting by the inlet of the Salt water ; and large enough to passe away the fresh , as by the proceedings of a fair Commission thereof , in An. 1378. may appear . ( 2 R. 2. )

Then began the waters from above Welle , and all thereabouts , to seek their passage by that Tract to Lynne ( UUisbeche Chanel , and so as low as the Crosse Keys , which was over the face of the Marshes betwixt Welle and Wisbeche , and so downwards towards Tirington , utterly thereby decaying , as to this day may yet be seen ) But the people of Marshland finding themselves overcharged by these waters , upon complaint made to King Edward the first , obtained a Commission An. 21 Edw. 1. to have the waters of Welle ( which antiently had their outfall by Wisbeche ) to be brought and carryed in debitum & antiquum cursum &c. Then were there three stopsmade ; viz. the first at Fendike about Upwell Towns end ( neer where Popham lode Sluse now standeth ) 2d at Small lode bridg , and 3 at Outwell bridg ; and order taken for opening of the Rivet from Welle to Elme floudgates , upon the Confines of both Counties , at the costs of the people of the Isle , and of Marshland , indifferently .

To shew that the River of Ouse had its outfall at Wisbeche , besides what is before exprest .

1. The Sea-banks from Welle to Wisbeche .

2. Wisbeche Castle founded super flumen illud famosum , quod Wel streme appelatur . [ Regist. de Petroburg . ]

3. — Situm est praedictum Castrum quod à pluribus paludibus & rivulis & fontibus principium habet , & per longos meatus in mare magnum juxta Wilbeche derivare liquidè comprobatur . [ Regist. de Thorney par●e 3a. p. 34. ]

4. The people of K. Iohn perished in the waters of Welle .

That there was sometime no River between Litleport Chaire and Rebbech .

1. a Record vouched by Mr. Hexham Surveyor to Philip Earl of Arundell , the tract of the River being of a clean con●rary nature ; viz. more straight than any of the Ouse in all the Fens from Ely to Wisbeche .

2. The imposing of the name of Heming's lode in the Description of Rack fen in the words of the Record ; viz. à le Chaire per Heming's lode usque Gnat's lode end .

That the waters of the Isle should not , nor of old did fall down from Welle upon Marshland Eastward ; nor into Welle Fens in Norff.

1. See the Commission de anno 21 E. 1.

2. See the Leet Rolls de anno 29 E. 1. pro Wadingstow fracto , in hiis verbis ; Reginaldus de Burgo fregit obstupationem de Wadingstow , factam per Breve domini Regis , & reversit aquam extra rectum cursum suum ad magnum dampnum & nocumentum totius patriae ; ideo in misericordia iiis.

See there some others amerced for the like ; and in the next Leet , how their Pledges were amerced , and the Offenders commanded to be attached .

3. See in the Rolls of Upwell Leet 12 E. 2. in fine , divers amerced for breaking or hurting the Banks of the Fenn , called the Fendike , between Welle and Wellenhe ; and many Presentments to prove that there were Banks from Upwell to Wellenhe ; and that they should not be broke nor cut , nor the water turned into the Fens neer Marshland .

4. See the stopping of the waters of Welle from falling upon Marshland , upon rhe Complaint of Marshland men made to the King , by whose Commission they were stopped at Outwell brigge , at Small lode brigg , and at Fendike lake in Upwell , and at a place neer the Sluse at Upwell Towns end , on Popham lode head sometimes called UUadingstow .

5. And upon the breach of the Dam at Smal lode bridg ( by means of a Complaint of Marshland-men ) see a Commission sent down in 25 E. 1. to enquire of the Malefactors , and to punish them expressly , for breaking Small lode dam , and a Writ of Attendance directed to the Sheriff to that purpose .

6. And that Small lode dam , was according to this Commission made and fortified again , appeareth plainly by divers Presentments and punishments set forth in the Leet Rolls of Upwell aft●r those days ; only one of 12 E. 2. shall suffice , viz. — Et dicunt , quod Walterus Jollyff consuetus est trahere batellam suam ultra estupationem factam per Breve Domini Regis apud le Little lode , per quod dicta obstupatio deterioratur ; ideo in misericordia iis. See there , 4 or 5 more amerced for the like : And that there were Banks from Upwell to Welleney aboard the great river kept , that the water should not fall into the Fens on Norfolk side , may be proved by very many Presentments , almost in every Kings time since Edward 1. to K. Iames ; viz. in 1 , 2 , 22 , 23 , 24 , 25 , E. 1. 2 E. 2.12 , 15 , 16 , 18 E. 2.3 , 4 E. 3. &c : 2 R. 2. &c.

I will only add one more old Record to prove that the waters of the Isle should not fall into the Fenns on Norff. side , An. 24 E. 1.

— Iuratores dicunt , quod Adam Noach cidit communem dravam per medium , juxta hold Wellen hee , per quod cursus magnae ripariae , & hold UUellen hee transversus est ex recto cursu versus mariscum , ad grave nocumentum totius Communitatis ; ideo dictus Adam in misericordia xiid. And in the Leet following his Pledge was amerced and pained to have it amended ; and he himself distrained to answer to it .

So that , where it is here said ( and in many other places also ) that the stream of the great River of Wellenhee was turned out of his right course by cutting the Fendikes or Droves ; in this Presentment and some others it is said , that the water was turned into the Fen ; so as to go out of the right course into the Fen , proveth plainly that there was no Watercourse through the Fen for the water to passe by .

And in An. 1 Mariae it was thus presented — Et quod nulla persona abscindet Calcetum in aliquâ parte ejusdem , sive aliquorum aliorum Calcetorum &c. sub poena forisfacturae pro quolibet tempore sic factum vis , viiid.

And in the Convocation for Cowstowe .... the Jury say thus ; — Dicunt etiam , quod antiquo tempore , antequam aquae Marisci descendebant versus Wigenhale , ☞ Sed postquam aquae marisci desendebant versus Wigenhale nunquam fuit dictum fossatum aliqua salvatio &c.

Whereby it appeareth , that antiently the waters of Upwell did not fall down towards Wigenhall , and so by Lynne .

That there was a Mere in Welle , called the Wide .

Robert de Swaffham in his Hist. h h Penès Dec. & Ca● . Eccl. ca●h . Pet●rb . of the Foundation of Peterborough under the title De gestis ●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 , The extent of Widelode 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 , 24 Feb. 15 Iac. An. 1617. in the said 15 year of King Iames , there was a Session of Sewers held at Huntendon , and these following Decrees then l l Ex bundello Decretorum in Officio vocato the Pettibag . 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 ●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 ●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 di●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 fe●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 * * Ib. f. 251. a. 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 a a Ib. 252. a. , that their said Letter of 20 Ian. should be returned back to that Board ; 9 Martij . 15 Iac. 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 b b Ibid. b. from the said greatest part of the said Commissioners , 17 Martij . viz. that those xi Commissioners , who had formerly distracted their procc●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 o o Ib. f. 253. a. 19 Martij 16 Iac. 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 , I● . 253. ● . 39 M●●i . 16 Iac. 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 q q Ib. f. 242. ● . 19 Iun●i 1618 ( 16 Iac. ) , 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.

12 Aug. 1618. ( 16 Iac. ) 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 , Ib. f. 246. ● . b. and gave in this following Certificate to that honourable Board , viz.

Sept. 20. 1618. 16 〈◊〉 . 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 th●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 car● 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 , r r Ib. 245. a. 20 Aug. 1618. ( 16 Iac. ) 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 diked .

And upon Report made to the said Lords of the Council , by the before-specified Sir Clement Edmunds , it was ordered s s 〈◊〉 . f. 246 b. 29 N●v . 16 Iac. Anno 1618. by their Lordships , that the Earl of Arundell , the Bishop of Winchester , the Lord Carew , Mr. Treasurer and Mr. Comptroller of his Majesties Houshold , Mr. Chancellour of the Exchequer , the Mr. of the Rolls , and Sir Edw. Coke , or any 4. of them , should take consideration of the state of the business &c. and prepare some opinion to be delivered to the Board , of what present course might be fit to be taken therein .

In pursuance of which Order the said Earl of Arundell made a journey into these parts ; where having treaty with Sir William Ayloff Knight and Baronet , Anthony Thomas Esquire , and others ; they the said Sir William , Anthony , and the rest , as Undertakers in this great Adventure , did , in consideration of the pains and costs which they were like to bestow therein , make these ●ollowing Proposalls ; t t Ibid. f. 256. a. b. viz.

1. To have all the Kings lands , drowned with fresh or salt water , which should be so recovered , at the free Rent of iiijd . the Acre , over and above all Rents or revenues then in being or coming to his Majesty . 2. To have all the Prince his lands upon the like conditions . 3. To have of all Subjects lands , so drowned all the year , two thirds , to them the said Undertakers and their heirs , to hold in severalty for ever . 4. And of all such lands of Subjects , which lay drowned half the year , to have the one half to them the said Undertakers and their heirs .

Of which Proposalls the King liking well , he did by his Letters , u u Ib. 256 b. 4 S●pt. 17 Iac. Anno 1619. to the said Commissioners of Sewers , bearing date the 4. of September , in the xvij . year of his Reign , signify unto them , that the said Sir William , and Anthony , with others , had undertaken to drain all the Fens in the Counties of Cambr. and Isle of Ely , Norff. Suff. Linc. Northt . and Hunt. with the good liking of his said Majesty and his acceptance of their Propositions ; And recommended them and their design to the said Commissioners , to the end they might be ayding to them in expediting such Contracts as they should make ; and to further them therein with their Authority in all lawfull things &c.

And on the morrow following , the Lords of the Council , by their Letters x x Ib. f. 257. a. 5 Sep● . 1619. to the said Commissioners of Sewers , signified to them ; that the said Undertakers did purpose to begin their work at the Sea , by opening the out-falls of Nene and Weland ; and to make the same navigable to Spalding and Wisbeche , which would take away all fear of turning the water upon any neighbour Country , and draw the same into their true and natural Chanels ; and that whatever Commission or assistance they should desire to further this work , order should be taken for the same ; desiring them to observe the Kings directions therein .

Whereupon , within three dayes after , the said Commissioners met y y Ib. b. Et f. 238. 8 S●pt . 17 Iac. An. 1619. at Peterborough , and in a Session of Sewers then and there held , forthwith ordered

That in obedience to the Instructions by them received from the Kings Majesty and the Lords of his Council , the Undertakers before-specified , should have the free consent and approbation of that Court to proceed with their enterprise , so soon as they should think meet ; and likewise their furtherance in such Contracts as they should make with the Lords , Owners , and Commoners interessed in the said Fens .

And moreover ; that further time , and longer dayes should be given to them for perfecting their works in the Rivers of Ouse , Nene , and Weland , and all the Branches of them ; viz. untill the first day of August then next ensuing , and no advantage taken of the Penalties in the Laws formerly made for effecting the business before that time .

And in a Session of Sewers held at Ely the 20 and 23 of the same Month of September , Ib. f. 259. a. 23 Sept. 1619. having received these following Propositions from the Undertakers , viz.

1. That their intent was so to drayn the said Fens and grounds , as that by their said works , no person should receive any hurt . 2. That they would from time to time maintain , and scour the same , so drayned . 3. That they would not receive any recompence , but where through their industry an increase of benefit should be raised to the Owner thereof ; and that after their works should be perfected . 4. That if question should arise , whether any benefit were received in any particular by their industry , it should be decided by a sufficient and able Jury , to be named by the Commissioners of the County , and such Jurors so nominated , and no others , to be retured by the Sheriff . 5. So likewise in the Isle of Ely , by a Jury of that Isle . 6. And that they would give such recompence to those , that should receive hurt or damage by any of their said works , as the Commissioners , or the greater part of them , should think fit . 7. That at their own charge , they would make provision , that water should be conveyed to stay at those Towns ( where water had before come and stayed ) for Navigation and transportation , and the Townships afterwards to maintain it . 8. And that they would better , and not hurt , or impair the Navigation in the Rivers of Grant and Ouse .

And did therefore order and decree , that the said Undertakers should have their free consent , and the approbation of that Court , to proceed &c. and that they would assist them &c. in their Contracts &c. It being not the purpose of the said Undertakers to alter or change the state of any Commons , but only to have such competent part thereof , to be set out in severalty to them and their heirs , as should content them for their work of Drayning the same ; and the residue of every Common to remain in the same condition , to all intents and purposes , as then it did .

And at a Session a a Ib. f. 260. a. 1● S●pt . 1619. of Sewers held at S. Ives on the morrow following , they decreed , that the tenor of the Order made at Peterborough 8 Sept. and that present Order , should be published at every Town , Village &c. which the premisses should concern in all the said several Counties &c. before the with . of Oct. next then coming ; to the end , that all Owners , Commoners &c. Interessed in any surrounded grounds within the places aforesaid , might apply themselves to the said Undertakers &c. for concluding their contracts &c.

On the 4th . of October ensuing , the said Undertakers sent their Letters b b Ibid. b. 4. Oct. 1619. to the Commissioners for Norfolk , sitting at a Session at Ilsington , excusing their not wayting on them sooner ; and , inclosing the Copies of those Letters of the King and the Lords of the Council to them , desired ; that the same might be communicated to their Neighbours , together with their Proposalls ; to the end that they might be the better prepared for contracting with them : As also that they might have a meeting with the said Commissioners of Norff. at Cambridge , on Wednesday the xiijth. . of October then next ensuing ; and in the mean time that they would cause these Letters of the King and Council to be published in their Churches &c.

And upon the xv . of October following , in a Session c c Ib. f. 261. a. 15 Oct. 17 Ia. of Sewers at Huntingdon , the ●aid Commissioners , reciting their proceedings at several Sessions of Sewers , held before that time , in pursuance of the Kings direction ; and for the better expediting of the work , decreed ; that for and towards the opening of the antient out-falls of Nene and Welland , and all other necessary works for drayning of the said grounds &c. every Acre of the said drowned grounds in those Counties of Northt . Hunt . Linc. and Norff. should be taxed at xxs. the Acre , to be paid by the owners thereof before the 7. of Dec. then next coming , unto Thomas Bishop of Peterborough , Sir Francis Fane , Sir Rob. Bevill &c. ( and others by this Decree named ) to remain in their hands , to be ratably paid over to the said Undertakers , their heirs and assignes , after their work of Drayning should be done whole , or in part . And that for want of payment thereof at the dayes and times appointed , the said Commissioners should in a full Session of Sewers to be held the 21. day of Dec. following , at Peterborough , allow and set forth such portion of the said surrounded grounds , for which the summs aforesaid were not paid , unto the same Undertakers their heirs and assignes , in recompence of the said drayning , as should seem just &c. unto them ; which should be enjoyed &c. accordingly .

And that after the said work of drayning should be perfected , and adjudged sufficiently done , by the said Commissioners , at a general Session for that purpose ; a competent proportion of land to be reassured by the said Undertakers and their heirs or assigns , for the perpetual maintaining of the said works .

And lastly , that Copies of this Order should be published by the Sheriffs in the several Counties &c. where the said draining was .

But notwithstanding all this , the work did not go on so effectually as the King desired , which occasioned a Letter d d Ib. f 263. a. 5 D●c . 1619. from the Lords of the Council to the said Commissioners of Sewers , ( bearing date the 5. of December ensuing ) whereby , taking notice of the many attendances upon them by the Undertakers in several Sessions of Sewers , and yet that little progre●s had been made therein ; they desired them again to affoard their effectual assistance for removing of such difficulties , as might hinder an undertaking of so great an hope , nothing now resting but the putting of their own Orders in Execution for advancement of the same .

Whereupon , the Commissioners si●ting at Spalding * * ●ession of Sewers at Spaldin● 16 Dec. 17 Iac. upon the xvith. . day of the same Month of December , reciting the Decree made at Huntendon in the Session of Sewers held there upon the xv . and xvi . of October preceding , and taking notice , that no money of the said Tax of xxs. the Acre had been paid , as was then ordered ; did judge † † Ex bund●llo D●●●●torum in Officio nuncupato the P●●tibag . and decree , that from and after the said worthy work of Drayning the said Fens and surrounded grounds , in general before-mentioned , or those particulars hereafter mentioned , or any of them respectively , in that County of Lincolne , should by Gods help be well and truly accomplished by the said Undertakers , their heirs or assigns , at their own proper chardges and expences ; and so adjudged and approved by six or more Commissioners of Sewers , commorant and residing within the part of Holland , for those works that should be done in those parts of Holland ; and six or more Commissioners of Sewers , commorant and residing within the parts of Kesteven , for those which should be done in the said parts of Kesteven ; then and from thenceforth they the said Sir William Ayloffe and Sir Anthony Thomas , being the Undertakers before-mentioned , th●ir heirs and assigns , should have , hold and enjoy the parts and portions of the Fens and grou●ds , usually and hurtfully surrounded , and by them undertaken to be drayned respectively , as followeth ; viz. whereas the Earl of Exeter then had a third part of the Fens called Deping , Spalding , and Pinchbeck South Fenns , and of Goggisland belonging to Crowland by contract heretofore made with Captain Thomas Lovell , for the Drayning of the said Fens : which notwithstanding being not performed the same Fens then remained drowned ; that therefore the said several Fens , called Spalding and Pinchbeck South fen , and Deping fen , and Goggisland , together with that part of the said Fens and grounds in the occupation and tenure of the said Earl , or his Tenants , should be all entirely and wholy survayed and measured by two several Surveyors , whereof one to be named by the said Sir William Ayloff and Sir Anthony Thomas , the said Undertakers , their heirs or as●igns , and the other by some six Commissioners of Sewers of Holland and Kesteven ; and the whole content and number of Acres to be exactly taken and cast up , and thereof the said Sir William and Sir Anthony , their heirs or assigns , to have so much of the said Fens , then lying open and in Common , as together with the said several grounds in the tenure and occupation of the said Earl , should amount unto and extend to a moity or half part of the whole content of all together , to be proportionably taken out of the said several Fens ; viz. one part out of Spalding and Pinchbeck South fen , another part out of Deping fen , and a third part out of Goggisland , according to the number of Acres , then in them lying in Common , to be set out by the said six or more Commissioners of Sewers in either of the said parts of Holland and Kesteven within their said several parts respectively . And of the whole content of the Marish and drowned grounds called Bellesmore , lying in Spalding and Wesson in the said County , being the grounds of Sir Francis Iones Knight , two third parts : And of the whole content of the Marish grounds called Turpitts , lying in Weston aforesaid , being the grounds of William Coulson of the same Yeoman , two third parts : And of the whole content of the Marish ground , called the East fen , lying in Moulton , being the grounds of Sir Iohn Payton Knight and others , one fourth part : And of Whaplode and Holbeche Common , Marish or Fen grounds , one half part : And of Sutton Fen , lying on the South side of South Ea , two third parts .

And it was farther ordered and decreed ; that till the said Fens and grounds should be adjudged drayned , and approved to be drayned as aforesaid , the two Rivers of Glene and Weland , and the Banks environing the said South Fen should be kept and maintained for the safety of the Country at the charges and costs of the said Earl of Exeter or his assigns , according to the contract made with the said Thomas Lovell .

That this Decree also had little effect , I am much inclined to believe : For upon the last of February following , the said Lords of the Council , wrote e e ●●id . p. 〈◊〉 Febr. 16●● . again to those Commissioners ; requiring them to attend the King in person at his Council Board in the third week of Lent ensuing , there to cleer such doubts as his Malesty should desire to be satisfied in from them .

Whereupon , the business being heard at large , there ensued this following Order , f f 〈◊〉 264. h. upon the ixth of April , the King himself being present and likewise the Commissioners , viz.

That the Undertakers should on Tuesday following , exhibit in writing what it was that they promised to effect , and to specifie what they would demand as a recompence for their labours , &c.

1● 〈◊〉 16●● . 18 ●ac . Which accordingly was done ; the Propositions of the Undertakers delivered in unto the Commissioners being as followeth ; viz.

1. That they did intent really to perfom the work of drayning of the Fens , without any tax upon the Country ; excepting the deep Meers and Pools &c. which were under the Levell . 2. That when the work should be done , they would assure competent Land for ever , to stand lyable for ever to maintain and repair the same . 3. To effect this Drayning within 3 years after a perfect Contract made with his Majesty for such lands as should be a competent recompence for their costs and pains ; and the same Land set out by Metes and bounds in severalty , and sufficiently assured to them their Heirs and Assigns for ever &c. 4. That in order to this work , they would open the out-falls of Nene and UUeland , and make those Rivers navigable as high as Wisbeche and Spalding . 5. And lastly , not to forget to preserve the Navigation between Cambridg and Lynne .

In recompense whereof they demanded g g Ib. f. 165.2 . these proportions in the several Fens hereafter expressed ; viz. 1. Of Bu●rough great Fen one third part . 2. Burrough little Fen , Eye-Fen , and Flag Fen. a sixth part . 3. Crowland Fen ( 3 pieces ) a fourth part . 4. Thorney fenns a half part . 5. Wisbeche high Fen , Sutton , and Throcknall a third part . 6. Fens on both sides of March River , between Darcey lode on the South , and Needham fen , North 2 third parts . 7. Wittlesey fens 1 half part . 8. Stanground 1 fift part . 9. Ramsey fens 1 half part . 10. Huntingdon Fenns , on the West of Ramsey , by the River of Nene on the North , up to Yaxley , and the skirts on the South and VVest one half part . 11. Huntingdon Fens , from Eryth bridge up to Ramsey , by the West-water , and the River of Nene East and North one third part . 12. Donington Fens in Common one half part . 13. Donington Fens in several one sixt part . 14. Fens between the West-water , VVest Sutton lode in the Isle of Ely and Coveney drain South , Oxwillow lode East , Coxlode and Chateriz lode North , together with Chateriz Fens on the other side to Donington one third part . 15. Hunney fen one tenth part . 16. Sutton and Hadenham fens one eighth part . 17. Grunty fen . one third part . 18. A Fen by Sutton lode and Coveney , between Dounham Hards one fourth part . 19. Downham Wode fen , and other Fens of Ely , between Litleport grounds and the Ouse , Elie-uplands and Scarlet tree lode one half part . 20. Litleport Fens , on both sides the Ouse one third part . 21. Other Fens between Darcy lode North , & Welney river East one third part . 22. Fens in Upwell and Outwell one half part . 23. Fens between Welney-river and Welney Causey . one half part . 24. The Hale and Mr. Hawe's fen one half part . 25. Fens on the North of Stoke River , to the great River between Helgay and Stoke one fourth part . 26. Fens between Stoke River North , and Brandon River South one fourth part . 27. Fens between Brandon River North , and Mildnall River South , and Litleport Fens West one third part . 28. Fens between Mildnall River , and the great River , up to Harrymere , and the Uplands of Isseham , Fordham , and Soham one fourth part . 29. Soham Fens , by Wicking hards on the South one sixt part . 30. Fens between Wicking hards on the South , Homyng fen , Quye and the River of Grant , West one fourth part . 31. Fens on the South of Quoy , compassing of Fulberne field one fourth part . 32. Fens between the River of Grant East , and the Hards of Milterne , UUaterbeche , and Denny Abby , West ; and so extending West , between the River of Ouse on the North and the hard land South , up to S. Ives bridge ; and a part on the other side of Ouse , between Erith and S. Ives . one eighth part of the better . one fourth part of the worse . 33. Fens or drowned Lands on the North side of Wisbeche 2 third parts .

The Answer h h Ib f. 265 b 11 Ma●j . 1620. 18 Iac. of the Commissioners to these Propositions .

That they had no power to take away any mans land without his voluntary assent : And that the authority which they had by their Commission ( to which they were strictly bound ) was only to rate the charge of every particular man towards any such general work , according to the profit which every such person should receive by the same : And forasmuch as 't was impossible to be discerned , before the work were finished , who should have profit thereby , or how much , they could not legally procure any such assurance before hand . But if the Vndertakers would be constant to their Propositions which themselves had before that time at divers Sesions of Sewers published ; viz. that they required no other recompence for their intended work , than a moity only of the cleer profit , which by their sole industry and charge they should bring unto each particular owner of these surrounded grounds , more than formerly was received ; they should be ready ( as at the first ) to give the said Vndertakers all lawfull furtherance and assistance : Provided , that before they begun their work , they gave security , that they would not impair the Navigation , in the Rivers of Ouse and Grant .

Vpon which terms if the Vndertakers did refuse to proceed , the said Commissioners offered to do the work themselves , according to the antient course and legal power of their Commission .

VVhereupon ensued this r r Ib. f. 266. a. Order of the Lords of the Council , by reference from the King made upon this Answer of the Commissioners , bearing date at White Hall 12 Iulii An. 1620. ( 18 Iac. )

1. That , according to an offer then made on the part of the Country , good security should be given to the Undertakers for a moity of the cleer profits , which by the drayning should be improved upon every man's ground , above the rate that then the same was valued at ; and that the security should be partly from the Owners , and partly in case of Common , by aid of the Commissioners ; with this Condition , that the lands and parts of each County should be rated by the Commissioners of the said County .

2. Concerning Prejudice of Navigation in the Rivers of Ouse and Grant , it was ordered that the Undertakers being agreed with for their security in form aforesaid ; they should shew unto the Country the means they intended in the drayning of these Levells : And therefore if the Countrey should find it either prejudicial to Mershland or otherwise , and present their Reasons to the Board , their Lordships concurring therewith , all farther proceedings to be stayed .

3. That consideration should be had , that particulars receive no damage by this drayning ; but that the Owners have satisfaction out of those that were to receive 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 k k Ib. f. 267. a. 25 Iulii . 18 Iac. 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 l l Ibid. 20 Iulii . 18 Iac. 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 m m Ib. f. 267. b. 17 Aug. 1620. ( 18 Iac. ) 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 , 19 Iac. 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 , 6 Ian. 5 Car. Anno 1629. 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 .

1 S●pt. 6 C●r . 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 , 13 Ian. 6 Car. 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 presently begin the same , and finish it so , as to make the grounds fit for Meadow , Pasture , or ●arable within the compass of six years , from 1 Oct. following , unless the Commissioners should approve the cause of deferring it any longer .

2. That suddain overflowings , in places remote from the Out-falls , should not be adjudged a not Drayning ; nor Meers , Lakes , Pooles and Forelands , left by Art and Approbation for Receptacles ; Nor any part of the ground out of which he was to have his proportion .

3. That there should be 95000. Acres set out by six Commissioners ( respect being had to Commoners accommodations ) before Michaelmass then next following .

4. That the Earl and his associates might be incorporated for ever , to make Laws , Ordinances , and Orders ; and to have power over the lands assigned ( but no other ) towards the maintaining of the works .

5. That the whole 95000. Acres should be lyable to the first finishing of the work ; and 40000. towards the maintaining : and the 40000. to be subject , in case of neglect , to the Commissioners of Sewers .

6. That when 30000. Acres should be finished , the Earl to have his proportion out of it .

7. That the private Indikes , for partition , be made by advice of the Earl , and by direction of the Commissioners .

8. That the Commissioners shall set out convenient High-wayes and passages by land throughout the Levell .

9. Provided that the Port and Haven of Kings Lynne be preserved ; and the Navigation , Passage , and High-wayes , in , upon , or about all the Navigable Rivers ; namely Ouse , Grant , Neene , Welland and Glene to be preserved ; and no prejudice , annoyance , hurt or hindrance to be done to them . And if any such prejudice , annoyance , hurt or hindrance upon complaint thereof and of the Commissioners , whereof the Vice-Chancellour of the University of Cambridge ....... shall be 3. if they will be present ; to return , abate , ....... and amove all such prejudice , annoyance &c. so that the antient Navigation , passages , and High-wayes may be preserved .

10. For the safety of Holland and Hundred of Wisbeche , Clows Crosse Drayn to be kept within soyl or Banks ; and in case of any prejudice , then six Commissioners to reform the excesses , and the Earl to make recompence .

11. That the new Rivers , Cutts , and Dreyns , the Banks , Forelands and inside of the Banks , not exceeding 50. or 60. foot , to be the Earles ; paying such recompence as the Commissioners should think fit , the old ones to remain as they were .

12. No passages upon the Banks but for the towing of Boats .

13. That the Earl might take Earth , dig Drayns , and Cutts , upon the lands next adjoyning , making recompence .

14. That the Commissioners should assist the Earl to suppress ryots , insolencies , and disturbances .

15. Such as should receive benefit by the work , and yet no parties to it , if their land be taken within the allotment , of the 95000. Acres , to pay to the Earl as the Commissioners shall assess , upon pain to forfeit double .

16. That the Earl might hold the 95000. Acres in free socage at xl . per annum fee ferm ; and if any other Rents be issuing , that pay be charged upon other lands .

17. That the King should release any benefit , which by the Law of Sewers made 19. Iac. or by any other law might accrue to him ; and approve of this Law ; and that it may be confirmed by Decree in Chancery , and Council of State , and by Act of the next Parliament .

18. That 12000 of the 95000 acres be assured to the King for his Royal assent , and laid out upon the lands belonging to the Manour of Whittlesey , and the Marshes there adjoyning .

19. And , that for allotments out of small parcels , lesse than 30 Acres , there the Earl to divide and accept what 6 Commissioners should assess .

These things being thus setled , the said Earl taking in divers Adventurers , as Participants with him therein , they cast the whole , so allowed for their recompence , into twenty parts or lots , each lot consisting of four thousand Acres ; whereof himself was to have three shares or lots ; Oliver Earl of Bullingbroke , one ; Edward Lord Gorges , one ; Sir Robert Heath Knight , one ; Sir Miles Sandys Knight and Baronet , two ; Sir William Russel Knight and Baronet , two ; Sir Robert Bevyll Knight , one ; Sir Thomas Terringham Knight , two ; Sir Philibert Vernat , one ; William Sams Doctor of Law , one ; Anthony Hamond Esquire , two ; Samuel Spalding Gent. one ; Andrew Burwell Gent. one ; and Sir Robert Lovet Knight ; one . And thereupon he the said Earl , and those his Participants , did , by Indenture ( of fourteen parts ) covenant with each other ; that if any one of them , or their assignees , after notice , should fail in the payment of such moneys , as from time to time should be imposed on them , in pursuance of that agreement , for carrying on the said work ; that then it should be lawfull to and for the rest of the said parties , or their assignes , to supply the same , or to admit some other person or persons , to have the share of such defalture , paying the sum imposed on the said share : and , that all such parties , as aforesaid , by himself or his assignes so failing , should be wholly excluded , and for ever debarred from demanding , or receiving all or any such sum or sums of money , as any such person or persons had formerly disbursed for and towards the said undertaking .

VVhich agreement so made , the said Earl and his Participants , or such unto whom several proportions of those lots or shares , were by them assigned , began the work ; and in order to the carrying off the superfluous water , wherewith the Level was so much annoyed , caused these several Chanels to be made ; viz.

1. Bedford River , extending from Erith to Salters lode , Lxx foot wide , and xxi miles in length ( this being intended for taking off the high flouds from the River of Ouse , having at each end thereof a Sluse of great strength . ) 2. Sam 's Cut , from Feltwell to Ouse , being about six miles in length , and twenty foot in bredth . 3. A Cut to drain the River of Mildenhall in Burntfen , neer Litleport , two miles long , and fourty foot wide . 4. Bevill's Leame , being a Cut from Witlesey meer to Guyhirne , about ten miles in length , and xl foot in bredth . 5. Morton's Leame ( before-mentioned ) new made . 6. Peakirk Drayn , ten miles in length , and 17 foot in bredth . 7. New South Ea , from Crowland to Clows crosse . 8. Hill's Cut , neer Peterborough , about two miles in length , and 50 foot in bredth . 9. Shire Drayne , from Clows crosse to Tyd , and so unto the Sea .

Moreover , besides these Cuts and Drayns , he caused two Sluses to be made , at Tyd , upon Shire Drayne , to keep out the Tides ; as also a Clow at Clows Crosse , for the fresh water .

And likewise a great Sasse on Welle Creeke , with a Stone Sluse at Salters lode upon Bedford River , to keep out the Tides , and Sluses at Erith , for the fresh : But above all , that great Stone Sluse below Wisbeche , at the Horshoo , to hold the Tides out of Morton's Leame , which cost about eight thousand pounds .

And to the end they might the better accomplish this so great an undertataking ; as also maintain and preserve the works , after they should be compleated ; the said Francis Earl of Bedford , and his Participants , did in the x year of the said Kings reign , obtain Lettees Patents of Incorporation , bearing date 13 Martii : 13 M●rtii . 10 Caroli . whereby the said King , making some recital of the before-specified Laws of Sewers , made at King's Lynne 13 Ian. 6 Car. with his royal assent thereunto ; did incorporate him the said Earl , and certain other persons ; viz. Oliver Earl of Bullingbroke ; Henry Lord Maltrevers ; Edward Lord Gorges ; Sir Francis Crane Knight , Chancellor of the most noble Order of the Garter ; Sir Miles Sandis Knight and Baronet ; Sir Thomes Teringham Knight ; Sir Robert Lovell Knight ; Sir Filbert Vernat Knight ; Sir Miles Sandis Knight ; William Sams Doctor of Law ; Oliver S. Iohn Esquire ; Anthony Hamond Esquire ; and Samuell Spalding Gentleman , into a Body politick , to be Guardians and Conservers of the Fen lands , in the Counties of Cambridge , Huntington , Northampton , Lincolne , Norfolke , Suffolke , and Isle of Ely ; by the name of a Governour , Deputy Governour , two Bayliffs , and Commonalty of the Society aforesaid : and that they and others , to be elected into that Fellowship , to have a perpetual succession by those Names and Titles , with power to purchase lands , plead and be impleaded , and to have a common Seal .

And moreover , that out of this their Society be yearly chosen , upon the xxix of September , one who shall bear the name of Governour ; another to be Deputy Governour , and two others to be Bayliffs of the same Society , to continue for one compleat year : each of the said Commonalty having of Inheritance five hundred Acres , at the least , in the said Fen lands .

That upon Death or Removal , the Survivors to elect others in their rooms ; And that six shall have power to make Laws , for the publick benefit of the Society , whereof the Governour or Deputy Governour to be one .

Also , that the Governour , Deputy Governour , and Bayliffs , shall make Oath for the due execution of their Offices : so likewise their Servants and Ministers .

By this Charter of Incorporation , the said Governor , Bayliffs , and Commonalty of this Society , and their Successors , are likewise constituted Guardians of all the Waters , Rivers and Fens within the Precincts aforesaid ; with power to seise and take all Nets and other Engines made and used therein for destroying of Fish contrary to the Laws and Customes of this Realm . And they be thereby impowred to enquire by Oath , of all Trespasses and Offences , committed contrary to the Laws and Customes of the Kingdom ; and to punish the Offenders by Fines and Amerciaments : which Fines and Amerciaments to be levied by their Officers , and to be to the use and benefit of the Society , without any Estreits thereof made into the Exchequer .

Likewise to build Churches or Chapels , and make Church-yards , in such fitting places of the said Fens as they shall judge meet ; and to cause them to be consecrated by the Bishop . And to take reasonable Tolls of all Carriages and Commodities , at such Bridges as they shall erect and maintain : So also for laded Boats , passing under the same Bridges .

And lastly , to Register all conveyances of these their lands , within three months after the making thereof , in certain Books to be kept for that purpose , by the said Governour and Bayliffs .

All which being accomplisht , about three years after , in a Session of Sewers held at Peterborough xii Oct. 13 Car. the whole Levell was adjudged drayned ; 12 Oct. 13 C●r . Anno 1657. and the ninety five thousand Acres were set out by six or more of the said Commissioners , by metes and bounds , unto the said Francis late Earl of Bedford , his Heirs and Assignes ; the charge n n Discourse touching the Drayning of the Fens , by Sir Corn. Vermuden p. 2. of these works to the said Earl and his Participants , having been no lesse than an Hundred thousand pounds .

But notwithstanding this great expence , it was at length evidently discerned o o Ibid. , that though the lands were very much improved by those works , yet were they subject to Inundation , especially in the Winter season ; and therefore in a Session of Sewers held at Huntendon 12 Aprilis ; 12 Apr. 14 C●r . Anno 1638. the year ensuing , the said Earl of Bedford's undertaking was adjudged defective .

And on the xxiii of May following , 23 M●●i . in another Session held at Wisbeche , the particular defects therein , being considered by the Commissioners , there was a new Tax of xv s. the Acre , imposed by them ; but upon D●ping f●n xxx s. the Acre ; Waldersey and Coldham xx s. the Acre ; Needham fen vis . viijd : the Acre . For the Marshes within the precincts of Walton , Wallokne , and Walpole in the County of Norfolke , Tyd S. Maries , Sutton in Holand , Lutton , Gedney , Fle●te , Holbeche , Ouaplode , Moulton and Weston in the County of Lincolne , Wisbeche , Leverington , Newton , and Tyd S. Giles in the County of Cambridge , xls. the Acre . Marshland ●en xxs. the Acre ; and other the Fens and low grounds in Marshland x s. the Acre . The Common and several Fen-grounds lying within the North side o● Wisebeche , between South Ea bank , Wisebeche River , the old Sea-bank , and the Shire drayn ; viz. the Common Fen-grounds lying in Neuton and Tyd within the said North side of Wisebeche xx s. the Acre : and the several Fen-grounds in Neuton and Tyd aforesaid x s. the Acre : and the rest of the Common Fen-grounds lying within the North side of Wisebeche vi s. viij d. the Acre .

The Common and several Fen-grounds in Holand ( in the County of Lincolne ) viz. the Common at xx s. the Acre , and the several at x s.

And it was then decreed , that the said Tax should be paid in , to the Treasurers appointed to receive the same , before the xviijth. . of Iuly then next ensuing that present Session ; to the end that it might be speedily imployed in the work ; that so the said Fens might by sufficient Drayning , be made aswell Winter-grounds as Summer-grounds , in all the parts thereof , saving convenient Forelands and Receptacles for Winter flouds .

Hereupon , his late Majesty King Charles the first of blessed memory , taking this great business into his Princely consideration ; and foreseeing that these lands , being p p Discourse by Sir C. Vermuden , ut supra , p. 2 & 3. a continent of about four hundred thousand Acres , in case they were made Winter-grounds would be an extraordinary benefit to the Common-wealth ( viz. of six hundred thousand pounds per annum , value ) as also a great and certain revenue to all parties interessed : And likewise , because the Owners ( who were very many ) could not agree to do so great a work ( one being willing , and another not ; one able to contribute , another not ) was therefore pleased to undertake the making of those lands , Winter-ground , at his own charge , whereby the said four hundred thousand Acres might be profitable , firm , and good . And for the better performance thereof , did command divers Gentlemen , expert in such adventures , to give their advice how these lands might be recovered in such manner , as that they might be made Winter-grounds ; to the end the said work might be compleated .

Amongst which the before-specified Sir Cornelius Vermuden was one : who , after view taken thereof , returned their opinions ; all concluding it fesible , but differing much in the way to accomplish the same .

To give instance of the various conceipts of such whom his said Majesty imployed to inform him therein , it will be needless : howbeit of those , that † † Discourse concerning the Drayning of the great Fens , Impr. Lond. 1642. exhibited by the said Sir Cornelius Vermuden ( a person of greater experience in Drayning than most others were ) was not the least considerable : and therefore it being published in Print , I shall refer my Reader thereto .

But such speed there was made in the farther prosecution of this great and noble adventure , that at a general Session of Sewers , held at Huntendon on the xviijth. . 18 Iulii 14 Car. Anno 1638. day of Iuly then next ensuing , the said King himself was declared the Undertaker ; and to have not only those ninety five thousand Acres , which had been formerly set out for the said Earl ; but also fifty seven thousand Acres more , from the Country ; his design being ( as by the Decree then made at Huntendon , appeareth ) to make the said Fens as well Winter-grounds as Summer-grounds , as hath before been expressed , viz. out of Deping , Pinchbeck , Spalding South fen , and Croyland fen ( alias Gogsland fen ) twelve thousand Acres : And out of the rest of the lands out of which the ninety five thousand Acres had been formerly assigned to and for the said Earl of Bedford and his participants ; First the number of twelve thousand Acres , parcell of the said ninety five thousand ( which twelve thousand were then in the possession of his said Majesty , his Fermours or under-tenants : ) And the quantity of one hundred and fourty thousand Acres more ; whereof eighty three thousand ( residue of the said ninety five thousand ) to be taken in part , and fifty seaven thousand , in full of the said hundred and fourty thousand Acres , to be indifferently taken and set out of the residue of the said Fens , where or out of which the said ninety five thousand Acres were so decreed or assigned to the said Earl of Bedford ; viz. out of such of the said Fens as do lye on the North-West side of the said new River called Bedford River , 29 thousand Acres , in part of the said 57 thousand Acres : And out of those on the South-East side of the said new River , 28 thousand Acres , in full for the said 57 thousand Acres : And for the drayning of the said Common and several low grounds lying in Holand , Com. Linc. within the River Weland , Porson banke , the South Ea banke , the Shire drayne , and the several high Marshes and grounds of the Towns or Parishes of Tyd S. Maries , Sutton , Lutton , Gedney , Flete , Holbeche , Quaplode , Moulton , Weston and Spalding , 19 thousand eight hundred 33 Acres . And for drayning the Common and several Fen-grounds , lying between the South Ea banke , Wisbeche River , the old Sea-bank , and the Shire drayne , in Wisbeche , Leverington , Newton , S. Giles , Tyd S. Maries and Porson drove , the quantity of 4000. Acres .

And for Drayning the Common Fen-grounds of the Towns of Marshland , called Marshland fen , containing by estimation 4000 Acres , the quantity of two third parts ( divided into three ) And for drayning the Marsh lands lying open to the Sea , in or neer Walton , Walsoken , and Walpole , in com . Norff. between the old Sea bank of Marshland , and the old course of Wisbeche River , containing by estimation 3000 Acres , and of the Marsh lands and Marsh grounds , lying in or neer Wisbeche , Leverington , Neuton and Tid S. Giles , in com . Cantab. and the course of Wisbeche River and the Shire Drayne there , together with one piece thereof lately imbanked next the said Shire Drayne , containing by estimation 1000 Acres ; and of the Marshes &c. lying in or neer Tid S. Maries , Sutton in Holand , Lutton , Gedney , Flete , Holbeche , Quaplode , Moulton and Weston in com Linc. between the Marsh-grounds there formerly imbanked , and the Sea , extending along the Sea coast there ( containing by estimation 5000 Acres ) the quantity of two full third parts .

And for Drayning of Stretham meere and the Meer-grounds thereof , containing by estimation 300 Acres ; the one half thereof , or of so much thereof as shall be drayned .

And for the drayning of the rest of the Meers , Meer-grounds , Lakes and Pools , the quantity of 3 fourth parts of them ( or so much of them as shall be drayned ) divided equally into four parts .

And that though the said Earl of Bedford had not performed his undertaking , he should , in recompence of his great charge , in those Rivers , Cuts , and Drayns by him and his Participants made , have 40 thousand Acres to be assigned him , out of the before-mentioned 83 thousand Acres , residue of the said proportion of 95 thousand Acres assigned to the said Earl , as aforesaid .

About three dayes following ( for it was upon the xxith. . 21 Iulii 14 C●r . Anno 1638. of the same Month of Iuly ) the said Commissioners still fitting at Huntendon , dispatcht away Letters † † Ex Collect. praenob . M●n●●gu Comitis de Lindsey . of that date , to the Lords of the Council , concerning their transactions then in hand , the tenor whereof were as followeth ;

Touching the Great Levell , we have received many and several complaints , from divers Townships therein ; that their lands are taken from them , and they have received no benefit by the Drayning : upon hearring whereof , and of the proofes by them made , and declaration of divers Commissioners in Court , we find many of them true ; and according to his Majesties Instructions to some of us , his Commissioners , we have made an Order to permit them to take the profits of their lands , and Common of pasture , untill the Drayning be adjudged , so as they shall not pull down , or deface any Mounds , Fences , or Drayning , without due proof made , and a special Order of the Court in that behalf ; wherein the Country have received and expressed a great deal of contentment and satisfaction . We have also two several dayes heard Mr. Holborne and Mr. St. John , being of Councel with the Earl of Bedford and his participants in the great Level ; and they have taken divers exceptions , and argued at large against the Laws of Tax , and proceedings upon this Commission : and their main Objections tended to destroy , not only these Taxes , Decrees , and proceedings of this kind . And the same reasons , if admitted , would plainly overthrow all the Presentments , Taxes , Decrees , and Proceedings , for the Earl of Bedford and his participants . We are now taking into consideration the force and weight of what hath been alleged , and shall therein give a just and speedy resolution ; and with all care and diligence proceed to the further execution of this Commission , and setling of this great work .

I have not seen any direct Answer made by the said Lords , unto this Letter : but on the xxiijth. . of the same Month , there was a Letter dated at Theobalds ( the Court being then there ) from William Lord Bishop of London , and sent to the said Commissioners , in answer to a Letter of theirs , to him , dated the xxith. . the tenor whereof ( for so much as relates to this great Level ) I have here likewise inserted .

— And because his Majesty intends to see this great work of the Level prosecuted according to his first Princely design ( being for the Countries good , and his own service ) in such manner as may have just regard to the perfecting the same , with most publick and general advantage to the whole Fens ; he is farther pleased to declare himself the sole Adventurer , aswell of Deping fen , as the great Level : and hereafter in ordering the same , will have a just respect unto such persons of Honour , and others , as have had any former interest or engagement therein . And likewise well approving the rest of your proceedings , requireth you to go on with the care you have begun : not doubting , but to such things , as have been said by the Council at Bar , touching Commissions of Sewers , you will consider the weight of their Arguments , and give them a fitting answer thereunto .

At the Session of Sewers held at Huntentendon 23 Julii 14 Caroli .

Deeping fen 27000 Acres . The charge 27500l 13750 Acres .

The proportion 12000 Acres , whereof 9000 out of the Undertakers ; 3000 out of the Kings , Owners and Commoners : with purpose to come for more , if it will not perfect .

The Meeres and Meer-grounds 4500 Acres . The proportion of 4200 Acres is 34ths . 3150 Acres .

Stretham Meere 3000 Acres . 300 Acres , a moytie thereof 150 Acres .

Porsand and South Holland 36000 Acres ; the charge 11200l. 20000 of the worst at 12d. the Acre ; 10000 of the middle sort , at 4 s. the Acre , 6000 of the best at 8 s. the Acre . 2 thirds of the worst 13334 Acre 1. 3d. A moytie of the middle sort 5000 Acres 1 fourth of the best being 1500 Acres .

In toto 19833. Acres .

North of Wisberhe 15000 Acres ; whereof 8000 Acres surrounded : a moytie to be decreed , 4000 Acres .

Marshland Common fen 4000 Acres . To the undertakers two thirds , viz. 2666 Acres .

The Marshes 9000 Acres . To be imbanked 7000 Acres . The charge 17500l. The recompence two thirds , viz 4666. Acres , and an half .

The Great Levell 306000 Acres ; whereof 12000 Acres to the King .

The charge 132900l. The proportion 100000 Acres . Whereof of the Earl of Bedford's already set forth 43000 Acres . Out of the Countrey 57000 Acres . And then left to the said Earl 40000 Acres .

None to be taken till the work be done , and Judgement upon a Winters experience , and that probationary &c.

The whole to be bound for the works , both the Kings and the Earls ; excepting the Kings 12000 Acres .

And moreover to enrich these Countries by several new Plantations , and divers ample privileges : Amongst which his Royal intentions , that of the building of an eminent Town in the midst of the Levell , at a little Village called Manea , and to have called it Charlemont , was one ; the design whereof he drew himself ; intending to have made a navigable stream from thence to the River of Ouse .

And to manifest his earnest and real purposes , for the speedy performance of what was likely to redound so much to the Benefit of his People , and Honour of the Realm , he caused 1. A Bank on the South side of Morton's Leame , extending from Peterborough to Wisbeche , to be made ; and a navigable Sasse , at Stanground ; and began the like Bank on the North side of that Leam . 2. He caused a new River to be cut , betwixt the Stone Sluse at the Horshoo , and the Sea below Wisbeche , of Lx foot in bredth , and about two miles and an half in length , with Banks on both sides thereof . 3. And lastly he placed a Sluce in the Marshes below Tyd , upon the out-fall of the Shire Drayn ; which afterwards was swallowed up by the Quick sands .

But here I come to a period of that noble design of this excellent Prince , he being not in a condition to prosecute it any farther ; those fatal Clouds , which began to appear in Scotland the year before , by the unhappy combination of that people in a League and Covenant , thickning apace that present year ( scil. An. 1638 ) so that he was necessitated to raise an Army , and to march thither in person , for the prevention of the approaching storm : which when with no small charge & trouble , he believed he had done , & disbanded his Army , upon assurance of their future more stedfast obedience ; they soon after invaded this Kingdom with a powerfull Host , which occasioned his Sacred Majesty to call a Parliament here , hoping both of advice and assistance from his English Subjects , for the getting out and quieting of those turbulent Spirits : But instead thereof , what a foundation the predominant party in the Parliament , confederated with their Brethren the Scots ( for by that title they were then pl●ased to call them ) had laid for the ruine of the King , the extirpation of his posterity , and enslaving of the whole Nation , I shall not need here to tell , the wofull dayes , which we have seen , being still so fresh in the minds of all good people .

The Kings work , therefore , being thus obstructed , and the Country thereupon entring upon the said nine●y five t●ousand Acres , the said late Earl of B●dford , and his Participants , did in the year 1641 make their application to the then Parliament , and had their Case committed : but the flames of war so soon after breaking out , not only hindred them from any farther prosecution of their purpose , but occasioned the works made both by him the said Earl , and his late Majesty , to decay and become useless .

Whereupon William Earl of Bedford , son and heir to Francis then deceased , being willing to prosecute the work , wherein his Father had been so great an Adventurer , making his address in the behalf of himself and some other his Participants , to that Convention sitting at We●tminster , ... Mai. An. 1649. in the year 1649. and then called by the name of a Parliament ; was thereby declared to be the Undertaker for the same ; and that he should have ninety five thousand Acres , for perfecting thereof , as they were set out in October 13 Caroli , or thenceforth should be set out by virtue of that Act.

The said Earl and his Participants therefore fell in hand with the work ; for the better understanding whereof , it will be proper to take notice , that this main body of the Fens , so undertaken by them , is divided into three distinct Levells , viz. the North Levell , the Middle Levell , and the South Levell , every of which hath its particular Banks and outfalls .

1. That which I call the North Levell , lying betwixt the River of Weland and Moretons Leame , they defended from Weland by a Bank , beginning at Peakirk , running to Crouland , and so to Brotherhouse , where it unites with Holland Bank , which Bank ( as all the rest of the great Banks are generally ) is seventy foot broad at the bottom , and eight foot in height . Peterborough water ( viz. the River Nene ) being also kept off by the like Bank , extending from Peterborough to Guyhirne .

But the Drayns are only those that were before , which were by this Earl and his Participants new scoured and opened : And the outfall is also the same ; viz. by Shire Drayne ; and the Sluse at Tyd ; for the Sluses set in the Marshes are all lost , which cost neer 25000l.

Moreover they caused Wisbeche River to be opened for the length of two miles at least , which was a very great work .

2. The Middle Levell also they defended from Peterborough water , by a large Bank made from Peterborough to Wisebeche ; this being raised upon the foundation of that which the King begun ; excepting a little turn in Waldersey Bank .

From the River Ouse they likewise defended it by a great Bank , extending from Erith to Salters lode , on the North VVest side of Bedford River , and made another new River parallel to the said Bedford river , from Erith to Salters lode aforesaid , containing an hundred foot in bredth ; and imbanked it with Banks on borh sides , of threescore foot wide at the bottom , ten at the top , and eight foot in height : The other new Drayns which he and his Participants made or repaired within this Levell being these ; viz. Uermudens Ea , Hamonds Ea , Stony Draine , Nene old Chanel , Pophams Ea , Marshland Cut , Moores Drayne , Witlesey Dikes , and some other small ones : And the Sluses , those at Salters lode , Pophams Ea , and Marshland Cutts .

3. For scou●ing the South Levell from the overflowings of Ouse , they raised also a great Bank from Over to Salters lode : The lesser Rivers , viz. of Grant , Mildenhall , Brandon , and Stoke being defended by smaller Banks .

From Salters lode to Stow bridge , they likewise caused a large River , of one hundred and twenty foot wide , and ten foot deep , to be cut , for the more speedy conveying away of the waters ; which River is now called Downham Ea : As also two great Sasses at Salters lode , for the passage of Boats and other great Vessels ; with three Sluses at the end of Downham Ea : And divers small Drayns , viz. Grunty fen Drayn ; the In-Drayn to the Bank of the Hundred foot River ; Reach lode , and many others .

So that , having accomplisht the whole work within the compass of five years , the said Level was by a Decree of Sewers made at Ely on the 25th . 25 M●●tii . An. 1653. of March Anno 1653. adjudged to be fully drayned : Whereupon the said Earl and his Participants had possession of those ninety five thousand Acres awarded to them .

CHAP. LV. Lindsey * * So called by reason that Robert Earl of Lindsey became the principal undertaker for Drayning thereof . Levell , Extending from Bourne to Lincolne .

OF this , though I might have , not incongruously discourst , under my title of Kesteven and Holand : yet , forasmuch as 't is ( in truth ) a part of the great Levell before-mentioned ( however not so now taken notice of in Common reputation ) I have thought it more proper to speak of it here .

The first a a Printed paper , intituled the Earl of Li●●sey's title &c. general attempt towards the Drayning of this part of the Country whereof I have taken notice ) was upon a complaint of the Inhabitants at a Session of Sewers held at Sempringham in the 8 year of the late Queen Elizabeth's Reign , the Earl of Lincolne , high Admiral of England , with several other persons of quality , being then Commissioners : Whereupon a general Tax was laid , for repairing and enlarging the Drayns and Sewers , to carry off the waters , which then annoyed these parts : But little was done to any purpose herein , as it seems : for it appears , that at another Session of Sewers held at Swinstede in the 17 year of that Queens Reign , the Country complained , that they were drowned more than formerly ; so that the Commissioners then decreeed , that those Drayns which the Duke of Suffolke and others had ordained to be begun , about the latter end of King Henry the 8 time ; as also some others , should forthwith be set upon ; and laid a Tax accordingly : But no payment of that Tax being made , the work proceeded not .

Nor was there any farther considerable attempt therein ( whereof I have heard ) till b b Ibid. 5 Caroli . the 5 year of the late King Charles ( of blessed memory ) that Sir Anthony Ireby Knight , Sergeant Callice , and other Commissioners , finding all former essays fruitless , by reason that the Inhabitants would never pay the Taxes , and that the lands being surrounded had no Cattel upon them for distress ; and considering that the King ( as 't is observable in all the Statutes of Sewers ) was to give direction in works of this nature ; they did by their Letters represent to his Majesty the necessity of Drayning these lands , and the Commodity which might accrue thereby ; humbly beseeching him to recommend some person of Honour , to contract with them as Undertaker for performance of that work .

The King therefore , understanding c c Ex bundello D●cr●t●rum in Officio ●ocato the Pett●-bag . their design to be , for the Drayning of all the surrounded Fens , on the North side of the River of Glen , in this County of Lincolne ; referred the view of those , lying on both sides the Rivers of Fosse , and Wythom , from beyond the City of Lincolne to Kyme Ea , unto Sir Henry Vane Knight , Sir Robert Carr Baronet , and others ; who in order to that good work , did in a Session d d Ibid. 26 F●b . 8 Car. of Sewers held at Sleford , 26 Febr. 8 Car. ( where were also present and Commissioners , Robert Earl of Lindsey , Theophilus Earl of Lincolne , the Lord Willoughby , Sir Henry Fines , and others ) lay a Tax of xiij s. iiij d. the Acre , for the scouring and clensing of the said Rivers , and all Gotes and Drayns &c. within those precincts , to be imposed upon all the Landholders in the said low grounds , and to be paid before the ix . of April then next following . And for the better furthering , and compleating thereof , the said Commissioners e e Ex bund . Dec●●● . in officio praedicto . meeting again at Boston upon the second of March then next ensuing , reciting their Decree so made at Sleford , did extend their said Tax of xiijs . iiijd . the Acre , to the other parts of that Level .

Nevertheless , little was done therein ( as it seems ) till about three years afterwards ; but then the said King , by his Letters f f Ibid. Patents , bearing date at Westminster 2 Aprilis in the xi . year of his Reign , directed unto George Earl of Rutland and others , Commissioners of Sewers for the said Level ; recommended unto them Robert Earl of Lindsey , Lord high Chamberlain of England ( a person of very great honour ) to be the sole Undertaker for the drayning of the whole .

Whereupon the said Commissioners at another Session g g Ibid. of Sewers held at Sleford upon the second of Iune then next following , 2 Iu●ii 11 Car. proceeded to a treaty with his Lordship for that purpose ; and agreed with him to accept of twenty four thousand Acres , in recompence of his chardges therein : which was then accordingly decreed , h h Ibid. the work being to be perfected within the space of six years next ensuing the feast of St. Michael th' archangel then following .

And after this , viz. in a Session i i Ibid. of Sewers held at Boston the 29. of March the next year ensuing ; 29 Martii 12 C●r . recitall being made of that Decree made at Sleford , whereby the said Earl of Lindsey , for the considerations therein expressed , was to have those twenty four thousand Acres of land , to be indifferently allotted out of the several Fens &c. to enjoy to himself and his heirs for ever ; viz. as soon as ten thousand Acres or more , should be drayned , to have his portion thereof forthwith assigned : As also the like recitall , that upon consideration of the same Decree , and other former preceding Decrees and Ordinances , made at a ●ession of Sewers held at 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 k k Ibid. of Sewers held at Bourne upon the xith. . 11 Aug. 13. C●r . 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 l l Ibid. of Sewers held at Sleford 25 Sept. 14 Car. ratified and confirmed . 25 Sept. 14 Car.

And in another Session m m Ibid. held likewise at Sleford upon the xiiijth. . 14 Mar●ii , 14 Car. 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 n n Ibid. 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 , 14 〈◊〉 , 14 ●●r . 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 th●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 † † Ex Collect. A●●●onii Thomas E● . a●r . nuper desuncti . , 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 : 15 Maii. 6 C●roli . but in 6 Caroli ( 15 Maii ) there was a Decree a a Ex bund●ll● Decretorum in Officio vocato the Petti-ba● . 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 , a●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 Sessiō 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 , St●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 , A navigable stream from East fen to Bosto● haven . 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 bound by good and sufficient security , to and for the costs and charges to be expended for the perpetual maintenance of the said works ; that is to say , one thousand five hundred Acres , whereof five hundred Acres of the said West fenn to be part ; and a thousand Acres of the best grounds of the said East fenn , to be the rest , yearly to be let out ; to the intent and purpose , that two thousand pounds might be levyed and kept in the hands of the Mayor of Boston aforesaid , for the time being , to be imployed for and about the repairs of the said works ; and the profits of the said grounds to be to the use of the said Undertakers , untill the value of five hundred pounds should be spent in and about the repairs of the said works ; and then the said profits to be imployed and made two thousand pounds , to be bestowed from time to time , upon the said works for ever , when occasion should serve .

And at another Session b b Ibid. of Sewers , held at Boston aforesaid , 15 Ap●il . 7 C●●lt . Anno 1631. upon the xv of April , the next ensuing year , recital being made of the Laws before-specified , and of the undertaking of the said Sir Anthony Thomas , and his Participants ; there was another Decree made ; that for their charges therein , they should not only have the one half of the said East fen , and a third of all the severals adjoyning thereto ; and likewise the fourth part of all the surrounded grounds lying in the West fen , and the severals thereto adjoyning , limited and appointed to them by a former Decree , but some farther augmentation in certain other particular places .

Whereupon the said Sir Anthony and his Participants began c c Ibid. the work in September following , 16 Iulii 10 Car. Anno 1634. and prosecuted it with so much diligence , that at another d d Ibid. Session of Sewers held likewise at Boston , upon the xvi of Iuly 10 Caroli , by Thomas H●ughton Esquire , Mayor of the Borough of Boston , Sir Raphe Maddison Knight , Walter Norton , Richard Finsham , George Pulton , Rouland Hale , Iohn Knight Esquire , and Thomas Bedford Gent.

Upon their view of those late surrounded grounds , viz. East and West fenns , North fenn , Earles fen , Armetre fen , and Wildemore fen , and other the drowned Commons and adjacent surrounded several grounds , lying on the North and North East of the River of Witham , within the extent of the said Commission , undertaken by Sir Anthony Thomas Knight , and his participants , they adjudged the same to be so drayned , as that they were fit for arable , Meadow , or Pasture : And that there was not above sixteen hundred seventy and three Acres remaining drowned , of three thousand Acres of Pits , Holes , Deeps , and hollow places ; ( which were permitted to be le●t covered with waters ) besides the Rivers , Drayns , Sewers , and VVater-courses , within the whole Levell , undertaken by the said Sir Anthony and his Associates , to be drained within four years not then expired u●till Michaelmass next following , according to the before-specified Law of Sewers made at Boston xv Maii 6 Caroli ; and of another Law of Sewers , made likewise in pursuance thereof , at Boston aforesaid xv Apr. 7 Caroli .

And in another Session Ibid. of Sewers held also at Boston aforesaid , 11 Aug. 11 Car. Anno 1635. upon the xi of August the next ensuing year , recital being made of the former Decrees , whereby the one half of the said East fen , and a third part of the severals adjoyning thereto ; and a fourth part of the West fen , as also the fourth part of all the surrounded grounds , aswell Several as Common formerly taxed , lying in the said West fen , were decreed to the said Sir Anthony and his Participants for the Drayning thereof ; the Commissioners did fully ratifie the same proportions , as they were then set out by particular metes and bounds .

CHAP. LVII . The Eight Hundred fen .

THere is likewise another great Marsh , lying in this Northern part of the great Levell , called Eight hundred fen ( but antiently Haut huntre fen ) containing twenty two thousand Acres , the Drayning whereof was undertaken by the late King Charles ( of blessed memory ; ) and to that end , in a Session * * Ibid. of Sewers held at Boston 28 Martii , 28 M●rtii , 13 Car. 13 Car. a Decree made , that a Tax of xxs. the Acre should be laid upon sixteen thousand Acres thereof , to be ●evyed upon the Inhabitants of Braytofte , Swineshed , Wigtoft , Soutterby , Alderchurch , Fosse dyke , Kirton , Frampton , Wiberton , Hole , Dockdike , and Boston , claiming Common therein .

But this Tax being not paid accordingly , the said Commissioners sitting again at Boston aforesaid , upon the first of Iune , then next ensuing , declared the said King to be the sole Undertaker for the drayning thereof , and that the work should be perfected within six years next after that present Session , or any other time that six of the said Commissioners should limit ; and did , for recompence of the charge which should be expended therein , Decree to him the said King , his heirs and successors , eight thousand Acres thereof , to be set out by any six of the before-specified Commissioners , after the accomplishment of the said Drayning .

FINIS .