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. XXI••

TOuching the Marshes in this County, the first Commissi∣on, a 1.1 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 1.2 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 Co∣berlee, Simon Basset, William de Chilten∣ham, Iohn de Yate and Iohn de Clifford were assigned c 1.3 to view and take order for the repair of all those which were bordering upon Severne, betwixt Bri∣stoll and Gloucester. So also in 36 E. 3. were d 1.4 Thomas Moygne, Iohn Tracy, Iohn Clifford, and Iohn Sloghtre. And in 38 E. 3. the said Iohn Tracy,e 1.5 Iohn Clif∣ford, and Iohn Sloghtre. Who accor∣dingly sate at Thornbury, upon Mon∣day next after the Feast of S. Peter ad Vincula: where the Juro••s presented f 1.6 unto them upon Oath; that Iohn Fitz Nicholl, Lord of Hull, was bound to re∣ceive the watercourse of the Rendyche, lying betwixt the Lordships of Roe∣hampton and Hull, and to lead the same upon his own land unto the Se∣verne; which he had not done; and that the Country was dampnified by such his neglect. And the same Iohn, being thereupon distrained to come be∣fore the said Justices at Sobbury, on Wednesday next after the Feast of Peter & Paul, in the 39^th 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 him∣self upon the Countrey: And according∣ly was dischadrged therof by the Jurors.

In 44 E. 3. Iohn Moubray, Will. Wake∣brigg, Iohn Sarjaunt, Robert Palet, and William Church hill were appointed g 1.7 to view and repair the Banks &c. in Salt∣mersh, neer Bristoll.

In 2 R. 2. it was certified h 1.8, 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 anti∣ently had been a certain Trench, wholly out of the land the Abbot of Malmes∣bury, 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 Cake∣pull; 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 Ed∣ward the first, did use to run to Boy∣ston, 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 1.9 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 1.10 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 1.11 Sir Thomas Berkele, Sir Iohn Berkele, and Sir Edward de Brade∣ston, Knights, Robert de Cherletone, Iohn Sergeant, Raphe Weleys, and Iohn Stan∣shawe, for those on the coast of Severne, in the Hundred of Berkele, Grum∣baldesash, Thornebury and Hembury.

In 9 R. 2. to m 1.12 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 1.13 Sir Iohn Berkele Knight, Iohn Cassey, Raphe Waleys, and others.

In 16 R. 2. the King, directing his Precept o 1.14 to the Shireev•• of this County; wherein he reciteth, that whereas Sir Robert Bealknap Knight, and Iohn Lucy, lately constituted his Justices of Sew∣ers, 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 re∣paired 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 Bay∣liff 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 amen∣ded and repaired from time to time, ac∣cording to the tenor of the said Ordi∣nance and Decree.

And that a certain Sluse, antiently set in the said Ditch, at the common chard∣ges of all those who had benefit by the drayning of those waters, which did de∣scend 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, spe∣cified in the said Processe, ought seve∣rally 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 re∣quired; 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, comman∣ded the said Shireeve, to view the exem∣plification of that Record and processe; and calling before him those six men and the Bayliff, and fully declaring the pre∣misses 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 1.15 to view, and take order for the repair of all those Banks &c. betwixt Glouce∣ster and Bristoll, which were then bro∣ken 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, Alexan∣der Clevedone, Thomas Mille, Iohn Der∣hurst, Robert Stanshawe, and Nich. Alder∣legh were appointed q 1.16 to view and repair all those Banks &c. in Salt marshe, be∣twixt Olston and Hembury: and to act therein according to the Law and Cu∣stome of the Marsh.

Notes

• a 1.1

  Pat. 5 E. 2. p. 2. m. 4. in dorso.
• b 1.2

  Pat. 7 E. 2. p. 2. m. 16. in dorso.
• c 1.3

  Pat. 33 E 3. p. 1. m. 19. in dorso.
• d 1.4

  Pat. 36 E. 3. p. 1. m. 15. in dorso.
• e 1.5

  Pat. 38 E. 3. p. 1. m. 27. in dorso.
• f 1.6

  Ex bund. de Brev. & Recor∣dis, Wallias &c. tangenti∣bus, 38 E. 3. n. 8.
• g 1.7

  Pat. 44 E. 3 p. 1. m. 33. in dorso.
• h 1.8

  Plac. co∣ram domino Rege apud Glou••. term. Mich. 2 R. 2. rot. 8. Gl••uc.
• i 1.9

  Pat. 2 R. 2. p. 1. m. 17. in dorso.
• k 1.10

  Pat. 6 R. 2. p. 1. m. 9. in do••so.
• l 1.11

  Pat. 8. R. 2. p. 1. m. 39. in dorso.
• m 1.12

  Pat. 9 R. 2. p. 1. m. 11. in dorso.
• n 1.13

  Pat. 13 R. 2. p. 1. m. 34. in dorso.
• o 1.14

  Claus. 16 R. 2. m. 4.
• p 1.15

  Pa••. 11 H. 4. p. 1. m. 3. in do••so.
• q 1.16

  Pat. 1 H. 5. p. 1. m. 21. in do••so.