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.

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. Ro∣bert de Retford and Henry Spigurnell were assigned * 1.1 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 1.2 the Bishop in 18 E. 2. there was an inquisition taken at the Hospital of S. Kathrines neer the Tower of Lon∣don, 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 up∣on 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, contain∣ing 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 be∣twixt 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 ap∣purtenances, severally, by parcells, to be held by them and their heirs, by cer∣tain services for ever; and to repair and maintain, the said Banks, Ditches, Sew∣ers, &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 Lon∣don, ten acres; and Walter Crepyn, half an acre: and that the said Lord of that Man∣nour, dimised the residue of those hun∣dred Acres, to the Bondmen of the said Mannour, to hold at will, and to repair and maintain the Banks, Ditches, &c. a∣foresaid; every man, at his own pro∣per 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 thereup∣on amended by the said Lord and his Tenants. And that the said Lord ought to have of every such Tenant, so in de∣fault, for the repair aforesaid, for every peny three p••nce. And so to settle the order of defence, repair, and mainte∣nance of the said Banks &c. in time to come; and likewise the manner of cho••∣sing and constituting the two men afore∣said, 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 Lon∣don.

And the said Jurors moreover pre∣sented, that through the default of the Bondmen of the said Bishop, who then held the said Lands in Steben∣hethe 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 over∣flowed.

And it was farther enquired, whether any of the said Tenants did ever contri∣bute to the aid of any other Tenant for the repair and maintenance of those Banks &c. upon any such breach hap∣ning in former times: And it was an∣swered 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 be∣fore-specified Free-holders, who were not guilty of the said breach, nor the de∣fault 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 afore∣said.

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 bor∣dering 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 xv ^m• of S. Iohn Baptist, to shew, if he could, why &c. who came accordingly; and alle∣ged, 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 amen∣ded 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 Bond∣men, 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 xvii ^th 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 Bi∣shop and his Bondmen; and drowned all the said grounds: Which floud af∣terwards 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 o∣verflowed, ought to be chardged equal∣ly, for his proportion, towards the repair thereof,* 1.3 according to the Custome of the Marsh. And farther said, that if all the Land-holders there, would joyn to∣gether for the repairing and maintain∣ing of the said ground-breach in com∣mon, he the said Bishop and his Bond∣men would be ready, for their propor∣tions, to assist and contribute there∣to.

And Adam de Fyncham the King's At∣torney, 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 o∣verflowed, and in divers places drown∣ed, 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 be∣fore; and that if there were any over∣flowing 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-speci∣fied 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 xv ^me of S. Michael:

and said upon their Oathes; that the Banks, Ditches &c. upon the coast of Thames, situate betwixt the said Hospi∣tal 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, occasio∣ned through the vehement tempests from the Sea, about the Feast of the Circumcision of our Lord before-speci∣fied; 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 after∣wards often overflowed, and drown∣ed.

And the said Jurors being asked who ought to repair that ground-breach; answered; that according to the Cu∣stome of those parts,* 1.4 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 main∣tenance 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 be∣tween the said Hospital and the Town of Shadwell, lying within the before-specified peril, for the repair and amend∣ment 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 18^th year of his reign (wherein the pleading above-men∣tioned was) assigned b 1.5 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 15^th of E. 3. Robert de Sadyng∣ton, Thomas de Blaston, and Gervase de Wilford had Commission c 1.6 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 Tem∣ple-barr, in London, then broken and in decay by the force of the tides. And in 28 E. 3. Will. de Thorpe, Will. de Not∣ton, Iohn Bray, Thomas Ludlowe, Will. de Hatton, and Thomas Morice had the like d 1.7 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 Welcom∣stowe in Essex.

In 36 E. 3. Will. de Fyncheden, Will. de Wynchingham and others were in like sort assigned e 1.8 for all the Banks &c. betwixt the Chapel of S. Katehrine in Middle∣sex, and the Town of Est-Tilbury in Essex. So also the next year following, were e 1.9 Thomas Morisse, Thomas Frowyk, and George Fanillore, for those banks &c. in the Marshes of Stebenhithe, Brambeleye and Redclyve, and els∣where within the Lordship of the Bi∣shop of London, upon the verge of the Thames. And in 38 E. 3. Thomas Morice, Thomas Frowyk, and Iohn Brikcles∣worth, for those in Stebenhithe and Brambeley, from the Tower of Lon∣don, to the River of Leye.

In 41 E. 3. Iohn de Bampton, Iohn de Sudbury and Thomas Brette were consti∣tuted f 1.10 Commissioners for the view and repair of the banks &c. betwixt the be∣fore-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 1.11 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 1.12 Solomon Wauter and Nich Cartere, for those in the said parish, upon the River of Thames only; with power to take so many Car∣penters•• and other Labourers as should be necessary for the work, upon compe∣tent wages.

In 1 R. 2. Iohn Bampton, Will. Rykhill, Thomas Aspale, and Thomas Mylende had the like Commission i 1.13 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 1.14 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 1.15 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 Mid∣dlesex 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 1.16 ap∣pointed to view and repair the banks up∣on the River of Lye, betwixt Steben∣hethe and Bramle.

In 19 R. 2. Will Rykhill, Will. Skrene, Thomas Cherleton, Iohn Shoredyche senior, and Iohn Ongham had n 1.17 the like appoint∣ment 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 Cu∣stome of this Realm. So also in 22 R. 2. had Will. Thirnyng, Will. Rykhill, Iohn Co∣kaine, Thomas Charleton, Iohn Shoredyche, senior, and Iohn Ongham (the Shireeve of Middlesex being associated to them) for o 1.18 the view and repair of those banks &c. in Stebenhithe marsh; and to pro∣ceed therein as aforesaid.

Which Commission was renewed p 1.19 in 1 H. 4. to all the parties before men∣tioned, excepti••g Iohn Cokayn. In 5 H. 4. Iohn Cokain, Will. Skrene, Thomas Tylde∣slegh, Robert Rykedon, and Iohn Hogham, with the said Shireeve of Middlesex had q 1.20 the like. And in r 1.21 9 H. 4. Will. Cheyne, Iohn Selman, Iohn Profyt, and Iohn Hog∣ham: and to act therein according to the antient Law and Custome of this Realm.

In 8 H 6. Henry Somer, Robert Framp∣ton, Iohn Thwaytes, Walter Grene, and A∣lexander Anne were assigned s 1.22 in like sort, for the banks &c. in the Marshes of Ste∣benhithe, and Walmershe; and to make Statutes and Ordinances, for the defence thereof, according to the Laws and Customes of Romeney marsh: as al∣so 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 Ab∣bot of Graces neer the Tower of Lon∣don, Iohn Fyloll, Thomas Burgoygne, Iohn Wylton, Walter Grene, Iohn Harpour, Ro∣bert Tanfield, Edmund Plofeld, Iohn Eton, and Thomas Croxton had the like Com∣mission t 1.23 for the banks &c. betwixt the Mill of S. Katherines neer the Tower of London, to the Chapel of S. Marie Mat∣felon; thence to the Church of S. Dun∣stans 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 Rome∣ney marsh: as also to imprest Labour∣ers &c. as abovesaid.

Upon an inquisition u 1.24 taken in 27 H. 6. the Jurors presented, that by the violence of the tides upon the banks of Steben∣hithe 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 ad∣joyning 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. Chad∣worth, Thomas Cornwalys, and Thomas Croxton, were appointed w 1.25 Commissio∣ners for the view and repair of the banks &c. lying betwixt S. Katherines Mill, be∣fore 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 Brem∣ley; thence to the River of Leye; thence to the Thames, and so to the said Mill: And to make Laws and Or∣dinances

according to those of Rome∣ney marsh.

The like x 1.26 Commission in 7 E. 4. had Thomas Abbot of Graces, neer the Tower of London, Thomas Ur∣swyk, Thomas Frowyk Esquire, and o∣thers.

In 14 E. 4. Sir Thomas Urswyke Knight, Iohn Elryngtone, Thomas Frowyk, Will. Es∣sex, and others, were assigned y 1.27 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, accor∣ding to the Laws and Customes of Romeney marsh. In 20 E. 4. Tho∣mas 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 1.28 the like assignation for those be∣twixt the Town of Lymeostez, and the wall, called Black Wall. So * 1.29 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-speci∣fied.

Notes

• * 1.1

  Pat. 26 E. 1. m. 28. in dor∣so.
• a 1.2

  Plac. de ••erm. 〈◊〉〈◊〉. 18 E. 2. ro••. 174. Midd.
• * 1.3

  ☜
• * 1.4

  ☞
• b 1.5

  Pat. 18 E. 2. p•• 2. m. 4. in dorso.
• c 1.6

  Pat. 15 E. 3. p. 1. m. 45. in dorso.
• d 1.7

  Pat. 2•• ••. 3. p. 1. m. 24. in dorso.
• e 1.8

  Pa••. 36 E. 3. p. 1. m. 15. in d••••so.
• e 1.9

  Pa••. 36 E. 3. p. 1. m. 15. in d••••so.
• f 1.10

  Pat. 41 E. 3. p. 1. m. 28. in dorso.
• g 1.11

  Pat. 43 E. 3. ••. 1. m. 33. in dorso.
• h 1.12

  Pat. 43 ••. 3. p. 2. m. 33.
• i 1.13

  Pat 1 R. 2. p. 1. m. 25. in dorso.
• k 1.14

  Pat. 4 R. 2. p. 1. m. 17. in dorso.
• l 1.15

  Plac. coram R••ge term. Mich. 6 R. 2. rot. 206 Mid••.
• m 1.16

  Pat 6 R. 2. p. 1. m. 9. in dorso.
• n 1.17

  Pat. 19 R. 2. p. 1. m. 5. in dorso.
• o 1.18

  Pat. 22 R. 2. p. 1. m. 2. in dorso.
• p 1.19

  Pat. 1 H. 4. p. 4. m. 3. in dorso.
• q 1.20

  Pat. 5 H. 4. p. 1. m. 29. in dorso.
• r 1.21

  Pat. 9. H. 4. p. 2. m. 21. in dorso.
• s 1.22

  Pat. 8 H. 6. p. 2. m. 20. in dorso.
• t 1.23

  Pat. 26 H. 6. p. 2. m. 23. in dorso.
• u 1.24

  Esc. 27 H. 6.22. ••. penult. Midd.
• w 1.25

  Pat. 34. H 6. pa••te unicâ, m. 23. in dor∣so.
• x 1.26

  Pat. 7 E. 4. p. 1. m. 16. in dorso.
• y 1.27

  Pat. 14 E. 4 p. 1. m. 20. in dorso.
• z 1.28

  Pat. 20. E. 4. p. 1. m. 8 in dorso.
• * 1.29

  Ibid.