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. XXX.

* 1.1ON the South West side of this Province is Fosse dike, an artificial tr••nch, extending from that great Marish be∣low the City of Lincolne, unto the Ri∣ver of Trent, at Torkley, which is a∣bout seven miles. This was made a 1.2 by King Henry the first, in the year 1121. (21 H. 1.) for the bringing up of navi∣gable Vessels from the said River unto that City, for the Commodity thereof. Which trench, as it was of special con∣sequence 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 be∣nefit thereby, and Collectors appointed for the same: which Collectors conver∣ting a great part thereof to their own use, King Edward 3. in the 9^th year of his reign, assigned b 1.3 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 1.4 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 King∣ston upon Hull, as several other places, did in 39 E. 3. make a great complaint thereof to the King, in Parliament; re∣presenting the damage which accrued to them thereby, in regard that ships and Boats could not passe too and fro, there∣in, 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 re∣medy thereto, constituted Philip de Lym∣bury, Will. de Skipwith, Adam de Lym∣bergh, 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 re∣quire; 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 singu∣lar 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 di∣vers VVapentakes in this County, did exhibit a Presentment d 1.5 in the Court of Kings Bench; importing, that this Cha∣nel 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 sun∣dry other places and Counties, by the said River of Trent, and so by this Cha∣nel

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 Bi∣shop of Lincolne, Gilb. Earl of Angos & his Tenants, Sir Raphe Daubney Knight and his Tenants; the Abbot of New∣sum; 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 Swin∣ford; Iohn Brett of Thornhagh, in the County of Notingham; Sir Raphe Pai∣nell 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 abut∣ting 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 1.6 the very next ensuing year, unto Sir Michael de la Pole Knight, M^r Geffrey le Scrope, and Iohn de Stafford Clerk, to enquire touch∣ing 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 appoin∣ted * 1.7 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.

Notes

• * 1.1

  Fosse dyke
• a 1.2

  R. Hoved. p. 273. b. n. 20.
• b 1.3

  Pat. 9 E. 3. p. 2. m. 29. in dorso.
• c 1.4

  Pat. 39 E. 3. p. 1. m. 33. in 〈◊〉〈◊〉.
• d 1.5

  Plac. coram R••ge de term. Mich. 49 E. 3•• rot. 17.
• e 1.6

  Pat. 50 E. 3. p. 1. m. 20. in dorso.
• * 1.7

  Pat. 8 R. 2. p. 1. m. 33. in dorso.