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.

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Title
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.
Author
Dugdale, William, Sir, 1605-1686.
Publication
London :: Printed by Alice Warren,
1662.
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Subject terms
Drainage.
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"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." In the digital collection Early English Books Online. https://name.umdl.umich.edu/A36795.0001.001. University of Michigan Library Digital Collections. Accessed April 30, 2024.

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Page 299

CHAP. XLVII.

REturning now West∣wards I come to Cam∣bridgshire, wherein the largest proportion of this spacious Fenny tract lyeth: and in re∣gard that the obstruction 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 oc∣casion of such excessive pains and con∣tinual chardge, aswell for the preser∣vation of it from utter drowning, as re∣covery 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 inun∣dations from the Sea, by reason of sun∣dry 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 Wise∣beche, and other places of this Coun∣try, ita quod naviculae, pecora, necnon & hominum maxima periit multitudo, saith a Math. Westm. So that of little Vessels, Cattel, and people, very many were de∣stroyed.

And about seventeen years after, there hapned such another wofull acci∣dent: whereupon the King directed his Precept b to the Shireeve of this Coun∣ty, requiring him to distrain all those who had Lands within the precinct of the old Banks in these parts of Wise∣beche, 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 be∣fore-specified obstruction of the fresh waters annoyed them in a more than ordinary measure; which so much in∣creased, that in 13 E. 1. the Tenants to the Bishop of Ely in Welle, Elme, Wisebeche, Leverington, Neuton and Tyd complained c 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 de∣fect 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 In∣habitants 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 re∣medy thereof: the said King therefore constituted d Hugh de Balsham, then Bi∣shop of Ely, and Hugh Peche, his Com∣missioners 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 da∣mage 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 by the violence of the Tides, the same Geffrey de Sandiacre, and Iames de Beaumeys were appointed to

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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 ex∣traordinary Spring-tides) so were they not frequent, nor did those flouds so long continue upon the Land, as to de∣stroy it by drowning; the stagnation of the fresh waters producing much more damage; which for want of evacuati∣on, for the reasons above-specified, were a continual annoyance to the whole Contry thereabouts; insomuch as the Inhabitants of Marshland, dis∣cerning the danger to that Province, by the increase of those waters, did in 21 E. 1. procure a Commission g from the King, bearing date the xix th of Iune, di∣rected to Peter de Campania, Thomas de Hakford, and Adam de Schropham, to en∣quire farther touching the same, and to apply the most proper remedy thereto. Who thereupon sitting h at Utwell up∣on Monday after the Feast of S. Peter ad vincula next ensuing; and taking into consideration i 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, or∣dain, that there should be three Dams made; one at Utwell bridge, another at Lytlelode bidge, 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 be∣nefit; they, without any authority from the said Justices, given to them, or from the Shireeve, or any Bayliff of the Hun∣dred, did, of their own accord, and contrary to the tenor of the before-spe∣cified 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 per∣sons 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 enquire thereof. Who by by virtue of that Commission, sitting at Upwell, upon Wednesday next after the Invention of the Holy Crosse, in the xxiii th 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 Hgford, who was likewise associated with the before-specified Pe∣ter de Campania, in the first Commissi∣on, 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 Commis∣sion, so directed to Peter de Campania and himself, there was nothing contai∣ned, but only touching the waters de∣scending by Utwell, without any men∣tion at all of stopping the water of Ly∣tle lode in Upwell, and consequently no command to obstruct the same; where∣upon they the said Simon and Thomas forbore to do any thing farther therein.

But afterwards, the same day the said Commissioners, by virtue of ano∣ther Precept for the view of Pokediche, in Marshland (whereof I have in the Chapter of this my discourse, al∣ready taken notice) did receive this following verdict from the Jurors then impanelled and sworn; viz. that there was a necessity, that the water at Up∣well 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 cal∣led Wadyngstowe, till such time as the said Sewer were so clensed, enlar∣ged, and repaired, as hath been said: And, that if the said Chanel called Ly∣tlelode 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 re∣quired. And it was then also ordain∣ed, that the Lyttlelode and Wadyng∣stowe should be kept open, untill the before-specified Sewers were clensed; viz. till the Gule of August: in pursu∣ance of which Ordinance, that part of

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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 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 u∣sed they sate at Welle, upon Wednes∣day after the Octaves of Easter, and re∣ceived this following information by the verdict of the Jurors then impanel∣led 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 Shi∣reeve had command to take them all, and imprison them, untill he should receive farther directions there∣in.

In 8 E. 2. the King being informed, m 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 bene∣fit of all the Country, and especially of the Town of Holme, situate thereup∣on, was obstructed by certain men dwelling thereabouts: he therefore as∣signed n Iohn de Butetort, Robert de Mad∣dingle, and Walter de Mollesworth to en∣quire thereof.

The next ensuing year Geffrey de Col∣vile, Robert de Maddyngle, Laurence de Burewelle, and Iohn le Corouner, were ap∣pointed o to view the Banks and Sewers upon the Sea-coast, lying in Tyd, Neu∣ton, Leveryngton, and Wysebeche; as also in some Towns of Marshland, and the parts adjacent, within the Hun∣dred of Wisebeche, which were then in decay; and to take order for their repair.

The like Commission p 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 concerning the obstruction of the water of Welstreme, at the Town of Welle before-mentio∣ned, 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 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 af∣ter) there was a Presentment s exhibi∣ted to the Justices Itinerant, sitting at Northampton, by the Jurors for seve∣ral Hundreds in that County, import∣ing; that wheeas the course of the Ri∣ver Nene had antiently been, directly from Peterborough, unto the Lene, 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 Lange∣tone, 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 Cold∣ham, situate in a Fenny Soil, by his pow∣er 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 Mar∣shes of Burrough fen and Thorney fen, with divers others adjoyning, to be o∣verflowed and drowned; to the damage of the men of that County CCC l. 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-speci∣fied Dam, but by what Authority they knew not: the Shireeve of Nor∣folke had command therefore to sum∣mon the said Edmund to answer there∣to.

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Who appearing, in person, and be∣ing required to say what he could for the keeping up of the said Dam; alle∣ged, 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 da∣mage &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 seem∣ed 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 Ju∣rors of those Counties, wherein the da∣mage 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. ho∣nest 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 Fyn∣cham the King's Attorney: but the said Edmund, though solemnly called, ap∣peared not; whereupon a verdict was taken against him by default.

Nor did the Shireeves of any of the before-mentioned Counties make re∣turn of their said Precepts: therefore new writs were issued out unto them, to the same purpose as above-said, re∣turnable upon the xv th 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 Hunten∣donshire 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 fel∣low Justices of the Pleas before himself to be holden, whereby he signified to them, that the Inhabitants of Marsh∣land, in Norfolke, had complained; and the men of Suffolk and Cam∣bridgshire, 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 pro∣portion 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 ad∣vice of his Council, assign William How∣ard and some other to make enquiry touching the premisses; who by Inquisi∣tions 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 where∣as 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 pro∣curement of some persons, for their own particular advantage; that the same obstruction was made to their damage; Whereupon they caused Ed∣mund Peverell to be impleaded for it; and proceeded so far therein, as that the said Edmund submitted to an Inqui∣sition thereof: which Inquisition be∣ing 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 su∣persede 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 In∣quisitions so taken before the said Will. Howard and his associates, as aforesaid; together with the whole process there∣upon, upon the xv th of the holy Trini∣ty then next ensuing; all which were

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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 pre∣misses, 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 Ju∣rors for the Counties of Cambridge and Huntendon were respited untill from the xv th of the holy Trinity fol∣lowing; because none of them appear∣ed: and therefore the Shireeve was to attach them. And because the Shireeves of Norfolk and Northampton return∣ed, that their Writs came so late unto them, that they could do nothing therein; and the Shireeve of Lincoln∣shire made no return at all, therefore other Writs were sent unto them, re∣quiring 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 Certio∣rare to the Treasurer and Chamber∣lains 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 xviii th day of February in 5 E. 3.

But the said Treasurer and Cham∣berlains of the Exchequer, made re∣turn; that, having sought amongst their Rolls, they could not find any such Inquisition, Ordinance, or Decree touching the obstruction of that wa∣ter.

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 com∣manded him to make publick Procla∣mation, within his Liberties, where he should think fit, that all such persons who were concern'd therein should at∣tend the said King, at a day and place as∣signed, 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 Hindring∣ham) thus answered; that he made re∣turn 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 ot 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 obstructi∣on 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 Cam∣bridgshire. Which Shireeve of Cam∣bridgshire (scil. Will. le Moigne) made return; that he did cause the like Pro∣clamation to be made as abovesaid; viz. that all those whom the said ob∣struction did concern, should attend the said King upon the xv th of the ho∣ly Trinity, to set forth their right &c. And because, that the King received information before the said xv th of the holy Trinity, that the before-specified Edmund Peverell dyed; and that Eliza∣beth his Wife did jointly hold the said Mannour with him the said Edmund; he issued out another Writ to the said Shireeve of Cambridgshire; where∣by (after recitall of the whole busi∣ness)

Page 304

he required him to summon the said Elizabeth, to appear upon the said xv th of the holy Trinity, when Inquisi∣tion was to be taken thereof, to propose what she could touching her right then in question. Which Writ beareth date the xij th of May, in the year above∣said.

And upon the same xv. of the holy Trinity, the said Shireeve making re∣turn of his Writ, there came Adam de Fincham, the King's Attorney, and like∣wise 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 there∣abouts, make any appearance at all.

Whereupon the said King sent ano∣ther 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, la∣den 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 afore∣said, 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, Tim∣ber, Wool, Reed, Turf, Stone, and o∣ther Commodities were the dearer; and so likewise were Fish, Herings, and other Victuals, by reason of that cir∣cuit, to the damage of the Inhabitants of Norfolke CC l. every year.

And being asked in whose soyl the said stop was so made at first, they an∣swered 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 wa∣ter likewise cōmon for fishing to all the Neighbourhood. And they also said, that the borderers on each part there∣of 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 there∣with.

And the Jurors for the County of Lincolne impanelled and sworn, said upon their Oaths; that the Chanel cal∣led South Edyke, beginning at Crou∣land, 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 ob∣struction, 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 agist∣ment 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 iiii d. 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 Pro∣genitors of the King's of England; and that two thousand Acres of Land, Meadow, Moor and Fen, belonging

Page 305

thereto, were by means of this ob∣struction 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 Va∣cancie 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 Pa∣stures, 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 Com∣moners 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 Commo∣dities, 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 peo∣ple 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 Peterbo∣rough, 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 be∣fore-specified Town of Outwell, un∣till xxxi. years then last past, that the said Bishop made that stop as afore∣said; 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 Cambridg∣shire, and which were adjacent there∣to; 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 da∣mage of the said King and the Inhabi∣tants of those parts, and such as would pass that way, CC l. 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-men∣tioned 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 Cold∣ham was then more worth annually, than it had been before that stop was so made; they answered xl l. by the year.

And the Jurors for Huntendon∣shire, 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 commo∣dities, 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 Ay∣lington in that County, unto a place called Muscote in the Fen, which is xvi. miles, in floud times were over∣flowed 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

Page 306

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 els∣where in Norfolk and Suffolk could not pass with their Victuals and Mer∣chandize by Ships and Boats, nor re∣turn, by reason of the said obstructi∣on; insomuch as that Mannour of the Kings, whereunto the said Mar∣ket belonged, was less worth by ten pounds per annum, than for∣merly.

And the Jurors for the County of Northampton, empanelled like∣wise and sworn, said upon their Oaths, that the River of Neene had wont to pass directly from Pe∣terborough 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 Wal∣ter Langtone, late Bishop of Cov. and Lich. obstructed the course of the before-specified water; inso∣much as all persons, who had a desire to go from Peterborough unto that Haven, were constrained to go by Old Wellenhee and Li∣til port, which in going and com∣ing 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 overflow∣ed and drowned, when any floud of waters hapned, in regard that the said waters could not pass as they for∣merly 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 At∣torney, was appointed to wait for judg∣ment 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 judg∣ment therein, according to the Ver∣dicts aforesaid: which Precept bear∣eth date the third day of Iuly, in the year above-mentioned. Where∣upon they gave this following Sen∣tence; 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 Wal∣ter de Langeton; and that Robert Peve∣rell, his Brother and Heir; as also Ed∣mund, Son and Heir to the said Robert, did at some times repair the same: and that this obstruction was to the da∣mage of the King, and the said In∣habitants of Norfolk CC l. per an∣num.

And whereas it was likewise found by the Jurors for the Counties of Cam∣bridge, Huntendon, Lincolne, and Northampton, that the lands of Thor∣ney 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 what∣soever else was of nusance in this be∣half, should be taken away: Where∣upon the Shireeve of Norfolk had com∣mand to pull it down. And in like sort, the Shireeves for the Counties of Cam∣bridge, Huntendon, Lincolne, and Northampton, were required to make the like Proclamation within their re∣spective Liberties; viz. that all persons concerned therein, should be at Out∣well aforesaid, to aid the said Shireve 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 Cla∣ver were appointed t to enquire touch∣ing 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 re∣pair.

And in 12 E. 3. the King being infor∣med,

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that the Banks, Ditches, and Sew∣ers about Wysebeche, Elme, and Welle, were broken and out of repair, issued a Commission u 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 safe∣guard by the said Banks; and to di∣strain them for their repair, ac∣cording 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, ly∣ing in the Town of Welle, and be∣longing to the Abbot of S. Edmundsbu∣ry; but were hindred from so do∣ing.

After this, the next year following, the said King, receiving advertisement, from the Inhabitants of the before-spe∣cified Towns of Elme,w Welle, and Wisebeche, on the South side of Wise∣beche; that though it had been found by an Inquisition, taken before the a∣bove 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 moreo∣ver that though the said Inhabitants had often requested those Commissio∣ners; that, forasmuch as the said Causey, and stop, being made, would much re∣dound to the common benefit of the same Towns, they would cause them to be done; and that at that time nothing was, neverthelesse, performed there∣in: 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 Commis∣sion.

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 a∣foresaid, from Mermaunde unto the house of Iohn de Vernon: and they or∣dained, that for the performance there∣of, every acre of Land in Elme, Welle, and Wisebeche, within the Precincts before-specified, should be agisted at ii d. and more if need requi∣red.

But afterwards, at a Session of Sew∣ers held at Wisebeche by the same Ju∣stices, came the free-holders of Tyd, Neuton, Leverington, and Wise∣beche, on the North part of the River of Wise; and alleged, that the obstructi∣on of that Crike ought not to be per∣mitted; because if it should be made, the water running through that Cha∣nel, 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; where∣by more damage by half would happen to those Towns, than benefit to the Towns of Elme, Welle, and Wise∣beche, 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

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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 Ca∣nutus sometime King of England; and brought a Precept from the King, di∣rected to the said Commissioners, reci∣ting a confirmation made to the said Abby by the before-specified King Ca∣nutus 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) cal∣led Livermere, and in the Town of Welle, which was before called Wylla, and in the County of Cam∣bridge: 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 Predeces∣sors, had ever had the said Lake or fishing, with the course of that River of Nene running thereinto, and peace∣ably enjoyed the same; the said Com∣missioners, by Virtue of the King's Let∣ters Parents, for the view and repair of the Banks, Ditches, and Sewers in that County; and by colour of an Inquisiti∣on taken before them, without any no∣tice given to the before-specified Ab∣bot, 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 fish∣ing, to the damage of the King him∣self; because that the profit thereof, with the benefit of the other Lands be∣longing to that Abby, being of the said Kings Patronage, ought to belong unto the Crown in the time of every Va∣cancy: he therefore required them, that they should not make any attempt therein to his prejudice, without con∣sulting with him.

Whereupon the Wednesday next be∣fore the Feast of the blessed Virgin be∣ing assigned, the said Commissioners sate again; at which time the said In∣habitants of Elme, Welle, and Wise∣beche, brought the Kings Writ, by vir∣tue 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 ap∣pear at the Castle of Wisebeche be∣fore the said Justices upon Wednesday next after the Feast of S. Luke the E∣vangelist, 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 un∣to 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 Cu∣stome 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 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 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 Mere∣maund; and thence to Lakebrigge; every man to make his frontier of the same height, thickness, and Level. And they also decreed, that from Gon∣sted 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

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Lakebrigge, to carry away the waters betwixt the Newdiche and Bishops diche, at the charges of those who had Lands and Commons within those pla∣ces. And that one Clow should also be made at Frydaybridge, and ano∣ther 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 Need∣ham diche; and within the River of Elme, and the Greendiche and Thorn∣diche.

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 char∣ges 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, some∣time 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 fron∣tier 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 Sew∣er, to the nusance of the Commonalty; except by the oversight and appoint∣ment of the Guardians, which were to be deputed for the present. And that the Bank called the New diche, exten∣ding from Charite Crouch to the Pri∣or of Meremound's Garden, should be anew repaired equally, and after∣wards agisted. And also, that the breaches in Bishopesdiche and Need∣ham 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 Uer∣nons field, and the Infield and Brod∣bechefield 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 made of the Marshes about Wisebeche, as followeth; whereby it was found, that the Marsh called the Hey fen, belonging to the said Man∣nour 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 Ro∣bert de Marshe; thence to Wride, by the Bank belonging to the Abbot of Thorney, unto the two furlongs be∣yond the Knor: thence to Orchard sled; 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 Hi∣den hee, to Quedale; and so to Mercheford by the Crike and the Hey∣ron, unto Eching hee; and so all a∣long beyond Heyront to Thermer∣cote; 〈1 page duplicate〉〈1 page duplicate〉

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and from Tharmares to Stani∣meres; 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 al∣ways 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 Commissio∣ners for the view and repair of the Banks, Ditches and Sewers in the Towns of Dodington and Elme. The like Commission c 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 Iohn de Cole∣vill, Iohn de Pelham, VVill. Muchet, Iames de Grauncecete, and Hugh de Walton.

In e 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 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 next after the Feast of the Annunciation of our Lady; and upon Inquisition made touching the premisses, they ordained h; 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 Iec∣cons 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 wa∣ter. 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 Wise∣beche 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 Mid∣dle dole be stopt with Clotes: As also that a sufficient Bridge be made in Hil∣lary 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 UUise∣beche, 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 drayn∣ing

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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 Boulster∣brigg, in height two foot, and in depth as much, at the charge of all the Land∣holders 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 stop∣ping up the Sewer of Elme at Boul∣sterbrigg. 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 Land∣holders in Elme, that drayned thereby.

And they moreover ordained, that Meesdrove, Bolney hirst drayne, and Cromediche should be raised and a∣mended 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 a∣mended, 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 pe∣nalty of stopping all the said Sewers.

And they likewise ordayned, that the Sewer on the Southside of the Ri∣ver 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 Sew∣er 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 repair∣ed (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 whensoeer 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 a∣mend 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 Commissio∣ners for the view and repair of the Banks, Ditches, and Sewers, lying upon the Sea-coast and otherwise, be∣twixt Tyd brigg and the Town of Chaterys. The like Commission k in 42 E. 3. had Sir Robert del Isle, Sir Hugh Lovet, and Sir Iohn Vernoun Knights with others, for all those in Wise∣beche, Elme, Welle, Marche, and Marford, in this County.

In 47 E. 3. Iohn Cavendish, and other his associats, Justices of Sewers, by Vir∣tue of the said King's Commission, sate at Elme, before whom it was pre∣sented lby 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

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Wisebeche Castle, and so extending it self to Goneldich; thence to Bensted hirne; thence to Tilney hirne; thence to Mareys gate; and thence to Cha∣ritie Crosse; and from thence to Uer∣nouns Corner, and so to the River of Welle, was then almost broken and in decay; by reason whereof divers Lands and Tenements, within the pre∣cinct 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 con∣tain 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 high∣er; so that the whole height thereof from the Levell ground might be sea∣ven 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 ob∣liged, according to the proportion of their holding, to make the same, con∣sonant 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 there∣of, for the space of ten perches with∣out the said Bank, without the contra∣diction 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 xx s. And they farther ordained, that neither the Lord, nor any Commoner should depasture any of his Cattel up∣on 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 e∣very 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 Wal∣tersey, or Dike Reeves of Elme, Wise∣bech, or Welle, at Waltersey; or in the Common pound of Elme, Wise∣beche, 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 a∣foresaid, 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 Com∣moners: 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 Pri∣or 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 xx s. 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 therby. 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 afore∣said 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 Wise∣beche; and likewise every Dike Reeve of Welle, on the North side of the

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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 Wise∣beche and Welle, as on the part of Elme, by turns; and severally, with∣out 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 re∣chase, with their Cattel, unto their Commons: and that every man, ha∣ving 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 amen∣ded and repaired, at the charge of all the Landholders, antiently agisted thereto: and that the Sewers of UUal∣tersey, Coldham, and Redmorefield, with their appurtenancs, 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 Sew∣ers, 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 there∣in.

And they moreover ordained, that one Clow should be made at Hilla∣ryes 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 Sew∣er; 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 un∣to Maryesarre, 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 bring∣ing in fresh water into the River of Elme, when need should be.

And they likewise ordained, that e∣very person having Lands or Tene∣ments, Common, Fishing, or Pasture, in the Towns of Elme, UUisebeche, and Welle, within the Precinct afore∣said, 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 a∣foresaid, to have his portion upon the Sea-bank, beginning at the house of Tho∣mas 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 ordain∣ed, 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 da∣mage 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 Tene∣ments within the said Precinct were new agisted upon the Bank before or∣dained.

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And they also presented and ordain∣ed, that one Bank should be made new, and begin at Uernounes Corner, up∣on Bishopsedike; and so to extend, di∣rectly, 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 Landhol∣ders, for their lands lying betwixt the River of Elme, and the River of Welle. And being asked of the num∣ber 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 Ri∣ver 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-hol∣ders, 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 Epi∣phany, 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 Tho∣mas 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 Moun∣pesson, and others, who had also Lands and Tenements within the said Pre∣cinct, in the Towns aforesaid, should be attached to be at Ely, before the said Justices at that time, to shew as a∣foresaid. And thereupon the said Bi∣shop 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 Ordi∣nances, 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 Gonel∣diche; thence to Bansted hirne; thence to Tylneyhirne; thence to Coldham hithe, thence to Mareys∣dam; 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 as∣sent to them all.

And as to Drayndike and Blake∣dike 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 a∣ny contradiction. And Iohn Payne, who then prosecuted for the King, re∣quired; that Iohn Simmeson, with the rest before-named, should be compelled on the said Kings behalf, for the perfor∣mance of all the said Ordinances: And because the Court was not then deter∣mined to give judgment therein, it was adjourned until the Wednesday in Easter week.

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Upon which day the said Iohn, with all the rest, came; but then there was another adjournment, viz. unto the Sa∣turday next after the Exaltation of the Holy Crosse, in the xlix th 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 follow∣ing. Upon which day all the parties before-specified appearing; and in re∣gard that the said Iohn Simmeson, and the rest, could not say, but that the Or∣dinances before-specified were neces∣sary 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 accor∣dingly 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, ac∣cording to the form of the before-spe∣cified 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 per∣sons before-mentioned had warning to be there.

Who appearing accordingly, the be∣fore-specified Steward required of the said Justices, that the said Ordinances and Agistment might be ratified and confirmed. Whereupon they ordain∣ed 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 be∣twixt Elme and Wisebeche; viz. from the Stone Crosse neer the House of Le∣pers, unto the Town of Wisebeche; and thence to the River of Wisebeche, di∣rectly to Griggeshrne; and to main∣tain 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 Pa∣sture, or Fishing in the said Town of Elme, within that Precinct, to be agi∣sted 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 mak∣ing of the said Bank from that place op∣posite to Welhirne-drove unto Welle∣clote; & 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 Wise∣beche) All which Ordinances, Decrees, and Agistments, aswel the parties above-specified, as the Towns before-mentio∣ned, 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 to view the Sea Banks and Sewers, in the Towns of Leverington and Neuton, and to take order for their repair.

After this; viz. in 1 R. 2. there were certain Presentments made at Ely, in a Session of Sewers held there, on Wednesday next after the Feast of S. Ni∣cholas, concerning the Banks, Ditches, & Sewers in Ely, Dounham, Littleport, Hadenham, Sutton, Chateriz, Du∣dington, March, Marchford, Wittle∣sey, Elme, Welle, Wisebeche, Le∣verington, 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

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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, be∣ing 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 Illires∣diche, upon the land of Iohn de Wal∣tersey; thence to the Bank of Beke∣dale, 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 let∣ting out of the fresh water; and like∣wise sufficient barrs to hinder the dri∣ving of Cattel to and fro upon the said Bank. And they likewise said, that there would need an acre of Iohn Ris∣toft's land, valued at Lvi s. viii d. and of Reginald Tofties an acre, valued at xlvi s. viii d. and of Iohn Walterse's one acre, valued at xx s. and no more, be∣cause 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 accor∣ding to that rate.

And they also presented, that there was a Bank made antiently by the In∣habitants 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, ly∣ing on the South side of the said Bank, that it should begin at Goneldiche; & so crossing the Sewer of Walterse, un∣to 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 Wal∣terse: Which Bank to be in part repair∣ed, 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 Sew∣ers held at Elme,l before Iohn Holt and others, then Commissioners, upon the Thursday next before the Feast of S. Gre∣gory; touching the safeguard of the said Towns of Elme and Welle: at which time, these ensuing Decrees and Ordi∣nances were made; viz. that the porti∣on of the Bank called Bishop's dike, which extends it self from the corner of the Bank, called Uernoun's corner, di∣rectly beyond the several land, late Ha∣mon Vernoun's in the Fen, unto the cor∣ner 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 new∣ly 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 Bi∣shopsdiche, according to their propor∣tion, 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 re∣quire, for the future.

And they did likewise ordain, for the better safeguard of the said bank of Elme and Welle; that every man ha∣ving his portion thereupon, should plant VVillows opposite thereto, to∣wards the Fen, for to break off the force of the waves in Floud times; as also for keeping of werk; and that, up∣on occasion, there should be Stakes in readiness, to be made of the said VVil∣lows, 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

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be doubly replanted again by the own∣ers of the said Cattel, or by those which should be guilty of the spoil, the very next season ensuing, upon lawfull re∣quest; upon penalty of xl d. to be paid to every man suffring hurt in that kind and that the Dike-Reeves of Elme, or Welle, should levy those penalties, up∣on request made by them who should be so injured, and collect the same be∣ing so forfeited.

And they also ordained; that the Banks called Needham diche, & Red∣more diche should be repaired and rai∣sed 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 re∣paired 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, as∣well 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 al∣so, that soil should be taken in the Ri∣ver, for raising of the said Frontiers, so that the River of Nedeham might de∣scend 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 per∣mit their Swine to go upon the said Bank, except they were ringed, upon penalty of a peny for each Hog, as of∣ten as they should be found so unring∣ed, to be levyed by the Dike-Reeves for the use of the whole Town; & that the party trespassed upon, be likewise re∣compenced to the value of the damage.

In 15 R. 2. the Inhabitants of the said Town of Elme complained o to the King,p that whereas their Banks, Ditch∣es, 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 con∣tinue in such sort overflowed, so that they could in no wise drayn them, in re∣gard 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 Inha∣bitants 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 ob∣structed as that it could not passe away as it had wont to do, which did so im∣poverish the said Townsmen, that ma∣ny 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 there∣fore 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. Gas∣coign, Iohn Richeford, Iohn Styvecle. Tho. de Welles, and Iohn Mareschall to view the same; and to take such order there∣in as they should deem meet, proceed∣ing according to the Law and Custome of this Realm.

The like appointment q had they for the Sewers in Wisebeche, Elme, and Welle, so choak'd up with silt as a∣bovesaid.

After this, viz. in 16 H. 6. at a Session r 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 main∣tain a certain Bank in Wisebeche, cal∣led UUisebeche fen dike; viz. for eve∣ry acre 5 foot, and had not done so.

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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 proporti∣on. So likewise that Nich. Howard had done for xii acres of land, which he had there.

Likewise that the Abbot of Thor∣ney 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 divi∣sion betwixt Cambridgshire and Lin∣colnshire) and that it was not clen∣sed.

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 Levering∣ton. 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 Troken∣holt aforesaid, unto Clows crosse, in Leverington, neer to the Bank of Sut∣ton 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 u∣sed 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 Man∣nour 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 Par∣sonage, 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 cu∣stody 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 Cold∣ham, and his partners, for the whole time aforesaid, ought and had used to make a Crest in Meesdrove, in Wyse∣beche, 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 Crome∣dike.

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 Wise∣beche, 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 Cu∣stome.

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 re∣paired 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

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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 Land∣holders of Nymenesdole in Wise∣beche 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 re∣pir one Crest in Nettldykelane 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 Bel∣lymyll 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 Sayre∣field, 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 Ro∣gers 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 Wise∣beche, 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 Wiebeche, 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 Parti∣cipants ought and had used to repair a certain Bank, called Blak-dike in ......... unto the Pipe, called Wa∣tersey Pipe; which was then in de∣cay. 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 Mees∣drove, 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 Leveryng∣ton, 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 Levering∣ton, ought and had used to raise a Crest in a certain place called Two lanes, beginning at Shoffendike in Levering∣ton, and leading to Blak lane, in the same Town; in height four foot, and bredth eight. And that the landhol∣ders in Southingham, in Levering∣ton, ought and had used to raise one Bank, called Overdiche in Levering∣ton 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 Fenhalfild, 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.

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Also, that the Landholders of Fen∣halfeild in Leverington, ought and had used to make one High-way, called Polly lane, beginning at Shoendike in Leverington, and leading to Mar∣slane 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, be∣ginning 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 main∣tain two Ward Diches in the same Town, called the Threding and Sea dike; beginning at Averys trees in Tyd aforesaid, and leading to New∣fen 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, cal∣led Martin's fen dike, in Tyd afore∣said, 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 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 Leve∣rington, Tydde S. Giles, and Neu∣tone, every one according to his pro∣portion, did use, time out of mind, to repair, maintain, and make the said Bank; and so aswell by the said Cu∣stome, as by the judgment and assig∣nation 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 Ver∣dict of the Jurors aforesaid, and by their own view thereof, all parties con∣cerned therein, then appearing, and the Statutes of Romeney marsh, in the like cases published, being seen and un∣derstood; they decreed and ordained, for the safeguard of all those Towns, that every Landholder in them, should according to the proportion of his te∣nure, 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 Land∣holders in the old Market of Wise∣beche aforesaid, did use time out of mind, to repair, maintain, and new make a certain Sea-bank, from Beu∣vise 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

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the water might be straightned or stopt; upon penalty of xx s. 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 a∣ny 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 Land∣holders of the Town hende of Wise∣beche 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 Ge¦brynck, from the great Bridge in Wise∣beche unto Sozl dyke. And that the Landholders in the Fen hende of Wisebeche did use, for all the time a∣foresaid, 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 afore∣said, 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 Com∣missioners 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 re∣pair, maintain, and new make the said Bank; viz. the Sea-bank called the E∣brynke on the North side of the said River; viz. from the great Bridge of Wysebeche to Sozelsdyke: and the New dike from Sozelsdike to Gey∣hirne; and the Fen-dike, from Gey∣hirne aforesaid, to Pigges drove, each man according to the proportion of his tenure, as often as need should re∣quire.

And they moreover presented; that the Landholders in Leveringtone did use time out of mind, to repair, main∣tain, 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 re∣pair, 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 de∣creed.

And they also presented, that the Landholders in Neutone used, time out of mind, and ought to repair, maintain, and new make a certain Bank, called the Shoffendyke, begin∣ning at the Gore-dyke of Neutone, and extending it self to Tyd-Thred∣dyng, each man according to the pro∣portion of his tenure, as often as need should require. Whereupon it was de∣creed accordingly.

And they presented, that all the Landholders in Tyd S. Giles did use, time out of mind, to repair, maitain, 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 accor∣dingly.

And they likewise presented, that there had been time out of mind, and also ought to be two Clows in Leve∣rington, 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 To∣lymers, 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 Blake∣dyke unto Mariotts brigge, in the

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same Town, in height four foot, and in bredth eight. And that the said Land∣holders 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 Land∣holders in Geyhirnfield, as also of the lands of Will. Cause, in Tolymersfield, in Wisebeche, ought to make and re∣pair 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 Hyp∣toft and his Tenants, ought to make and, repair one Crest in Rat Rowe, on the East side of the way called Toly∣mersdrove, 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 Be∣lymylle brigge, to Robyns brigge, in the same Town, in height four foot, and in bredth eight. And that the Landholders in Briggefield, in Wise∣beche, on the North side of the River, abutting upon Bridgedrove East∣wards, 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 Wise∣beche 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 where∣as there were three Pipes, newly made, in a certain field, called Smal me∣dows, in Wisebeche; one by the Bi∣shop 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 Wise∣beche, they were made too big in bredth, and contrary to the Present∣ment 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 To∣denham Knight, Thomas Hyptoft, Will. Caus and his heirs, the Lord of Cold∣ham and his Participants, and all o∣thers 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 re∣quire.

And, for the better safeguard of the said Town of Wisebeche, they more∣over 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 Old∣field 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 Ke∣dylls, Stamps, Dams, and other En∣gines in the River of Wisebeche, whereby the water was in any sort straightned or stopped, should be re∣moved

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and taken away: and that no man, thenceforth, should make any stamps, dams, Kedills, or other En∣gines in the said River, from Gey∣hirne to the Sea; upon penalty of C s. to be paid to the Bishop of Ely for the time being. And that there should be a Guardian appointed for the safe∣guard 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 ham∣let of Wisebeche, from the Fen-banks to the Sea-bank, should be well scour∣ed 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 eve∣ry of those Towns, be repaired and clensed, well and sufficiently in all pla∣ces needfull, by those unto whom they belonged, as aforesaid; so that no loss might accrew to any person what∣soever for default of such repair. And that all Banks, called Wardyches, be∣twixt every Town of the said Hun∣dred, should be raised higher, repair∣ed, and maintained well and sufficient∣ly, by those unto whom they apper∣tain, 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 penal∣ty o xl s. to be paid to the Bishop of Ely, for the time being. And like∣wise, that all the Crests, aswell be∣twixt every Field, as bordering on all the Sewers of each Town, within the said Hundred, should be raised higher, repaired, and maintained well and suf∣ficiently, in height, bredth, and thick∣ness by those also to whom they be∣longed, upon the like penalty of xl s. to be paid to the Bishop of Ely, for the time being: And that no man, thence∣forth, 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 xl s. 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 Wise∣beche 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 Hū∣dred of Wisebeche, each man accord∣ing 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 Se∣walesclote 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 re∣pair one Bank in Welle, leading from Sewalesclote in Welle, to Lake∣brigge, 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 Sayerfld in Welle, ought to repair a certain Bank in Welle, called Thornedyche, from Lowndesrove 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 cer∣tain drove in Welle, called M••••sdrove, leading from Grenedyke unto Pyl∣drove, be made higher by three foot, than at that time it was, and in bredth xij. foot, by the Landholders in Bud∣beche, within the said Drove.

And the said Jurors also presented, that there then was, and had antient∣ly been a certain Crest in Uppewelle, called Pysdrove, leading from Grene∣dike in Uppewelle unto the great Ri∣ver 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 safe∣guard 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 Rud∣beche in Outwelle, and Uppewelle, ought to repair a certain Gutter, neer unto the messuage of Simon King, in Outwelle aforesaid, whereby the wa∣ter of Rudbeche might run into the

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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 re∣paired in manner and form above-spe∣cified, by the said parties, each man according to the proportion of his te∣nure, as often as need should require: and likewise that the said Gutter ly∣ing 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, begin∣ning at Kekysmylle, and leading to Benstedehyrne; hence to Tilny hirn; and thence to Mareysdam in Elme, ought to be raised three foot higher, and to be sx foot in bredth at the top, according to an antient agist∣ment. And that the Bank, called Red∣moredyke in Elme, beginning at Coldham Couse, and leading to Fryday brigge in the same Town, ought to be well and sufficiently repair∣ed by all the Landholders in Red∣moresfield and Walyschfeld, 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 Maryes∣dam, ought to be made three foot in height more than it was, and to con∣tain 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, be∣ginning at S. Gils Drove, and ex∣tending 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 Landhold∣ers in Oldfield and Needham, accord∣ing 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 up∣on the same Dyche.

And they likewise presented, that all persons having Lands abutting upon a certain Sewer in Elme, which lead∣eth 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 Nede∣ham might have its course to Welles∣cholle: 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 conside∣ration of all which, the said Commis∣sioners did ordain and decree; that the Bishop of Ely and his successors, and Will. Vernoun, and all the Land∣holders 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 un∣der the River of Elme, called Mas∣syngham's pipe, and thence to run in∣to the River of Wysebeche at Bevyse: but by reason that the River of Wyse∣beche, had for many years past, been so filled up with filt and sand, brought in by the Sea-tides, that it could have no passage there; the said Commissio∣ners ordained, for the better safeguard of the said Town, that the said water

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of Oldfelde, should for the future pass away by the said Pipe, called Mas∣syngham's pipe, lying under the Ri∣ver 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 anti∣ent 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 be∣longing 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 Sew∣er at Crumdykbrigge; and thence in∣to the said Coldham Sewer, unto the pipe lying under the River of Wise∣beche, called Coldham pipe; and thence betwixt the said Coldham Sew∣er, unto the Floudgate in Leverington, called Dieugard; and thence to the Sea.

And that the water of Redmore∣feld and Walyshfeld should not, for the fture, run, or have its cours by the ••••d Sewer of Coldham; but by a Ppe called Redmore pipe, lying at the Towns end of Elme; thence be∣twixt 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 thwart∣ing the said Bank, calld Hillary dike, into the Sewer called Waltersee Sew∣er, 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 suf∣ficient making, repairing, and main∣taining of the said Pipe, called Mas∣synghams 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 ma∣king, 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 Partici∣pants had before done, according to an Ordinance for that purpose antient∣ly 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 ad∣joining thereto.

And they also presented, that every person having any Ditch, abutting up∣on 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 ad∣jacent; so that no prejudice might come to the Lands lying neer the same Sewer, as it had been antiently ordain∣ed. 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 wa∣ters of Redmorfeld and Walysch∣feld do fall into the said Sewer of Walterse; 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 Neu∣tone, 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 Neu∣tone 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 Neu∣tone; one at Lordislane; one at Childes∣grave;

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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 o∣ther 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, begin∣ning 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 Landhol∣ders of Harpfelde, in Leveringtone, ought and did use to repair and raise a certain Crest in another place, called Towlanes; beginning at Shoffen∣dike, 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 cal∣led Overdyche, in Leverington afore∣said, beginning at Belymylle brigge, and leading to Parsondroveshunte, in the same Town; thence to Meys∣brigge, by the Landholders of North∣hinham; thence to Blakelanefeld, by the Landholders of Fenhalfld; 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 Land∣holders in Fenhalfeld, in Levering∣ton, did use time out of mind, and ought to make, repair, and raise a cer∣tain 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 Commis∣sioners did ordain and decree that the same should be performed according∣ly; 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, be∣twixt 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 a∣nother 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 Sew∣er, in bredth six foot, and depth three, at the charges of all persons having pro∣fit thereby. And that all the hades of the lands of Fytton crofts, 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 Lo∣wynsfendike 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 crofts 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 a∣nother 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 Lowyns∣fendike, beginning at Fytton, and lea∣ding to Tyd Siddyke, two foot high∣er than it was at that time in the best place; and xij foot in bredth. And

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that Iohn Symondeson of Neutone, for the whole time aforesaid, ought and had wont to make and maintain a cer∣tain 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 re∣pair a certain Bank in Neutone, called the Gordyke; beginning at Blokkys∣lane, and leading to Shoffendyche, in height six foot, and in bredth twelve. Whereupon the said Commissioners did decree accordingly.

And the said Jurors likewise presen∣ted, that all the Landholders in New∣field 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 Brounes∣brigge, in height four foot, and in bredth eight. And that the Landhol∣ders in Southfelde, in the same Town, ought and had used to make and re∣pair 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, un∣to Tyd Syd dyke, ought, and time out of mind had used to make one Crest upon Syd dyke, beginning at Bees∣lane 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 com∣mon 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 Hal∣crofte, for the whole time aforesaid, ought and had wont to make and re∣pair sufficiently, the common Sewers in Halcrofte unto Welmany flete, thwarting the High way, called Crosse∣gate; and so by the land lately belong∣ing to Thomas Retherwyk, and Iohn May∣ner, 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 as∣much 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 Blo∣hevede, unto the Floudgates. And that all the Landholders in Edykfelde, from Blakeslane to Mosselane, abut∣ting 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 Fen∣dykfelde and North lane feld, ought and did use to make and repair one Crest in Blake lane, in Tyd a∣foresaid, 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

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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 Can∣chne, and Hascroft lane, on the West∣part; and another Clow or one Dam, in the common Sewer at Brownes∣brigge; and another Clow or one Dam, in the Common Sewer at Wsing∣hambrigge; and another at Boteles∣lane brigge, and another at Tubbes∣brigge; so also one in each of the Common Sewers at Mannynges∣brigge, Beeslane brigge, and Stone∣brigge, in Kirklane. And that the said Town of Tyd ought also and did use to make, repair, and mantain suffi∣ciently, 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 Brownys∣brigge unto Kirklane, on the North side of Newgate; in bredth ten foot, and in depth as much as needed; so that the Rivers of Eltesfeld, Fen∣dykefeld, Cokeleyfeld; Hornefeld, and Rylondfeld might have their course to the House, somtime belong∣ing to Will. Noche, but then to Will. Hobart, on the North part of Brod∣gate; and so thwarting the Broad∣gate 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, abut∣ting on Kirklane, towards the West, unto Thorgereslane; and so by Thorgereslane, on the North side, unto Hastcroft dyke, neer to Thesill brigge; and from Thestely brigge unto the end of Thorgaresane, 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 South∣grafte feld, neer to the Syddyke; viz. from Childesgrave unto the Gorys, and so to Thetely 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 Thorgaresane, should be stopt by the Landholders there, upon penalty of xx s. for every of them, to be paid to the Bishop of Ely, for the time being, so that the water of South∣grafte feld aforesaid might have its course to the Sea, without any impe∣diment. And that every man having Lands or Tenements in Tyd afore∣said, 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 Cam∣bridgshire and Lincolnshire. And that the said Shoffendyke should be bar∣red in three places, to prevent Carts from coming thereon: and that a cer∣tain way in Tyd aforesaid, called

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Beelane, 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 Tho∣mas Floure of Okham, in the County of Roteland, ought to repair and maintain upon the Bank called Wise∣beche 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 Bshop and Confessor, in the seventeenth year of the said King Henry the sixt his reign, the same por∣tion of that Bank was broken and de∣cayed; and that the Dike Reeves afore∣said 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 Lam∣bard and others, adjoyning thereto, were also broke and ruined, to the dan∣ger 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 Satur∣day next before the Feast of the Nativi∣ty of the blessed Virgin, in 17 H. 6. there was a Session t 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 No∣man'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 Le∣verington; and thence into the Sew∣er, 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 moy∣tie of the said Sewer ought to be scou∣red 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 Hun∣dred; 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 Fen∣diche, 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, Ged∣ney, 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 u∣sed 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 re∣ceive any benefit in the same.

And they likewise presented, that one part of the water of Nene descen∣ded from the Bridge at Peterbo∣rough unto Thorney barre aforesaid; thence to Noman's land, in Croyland: Which River the Abbots of Peter∣borough 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 o∣ther part of Nene, which passeth from Peterborough bridge aforesaid, unto Wodeshed in Wytlesey; thence to Wittleseybrigge; thence, by Wittle∣sey, to Wardiscote in Wittlesey, and thence into the great River of Wise∣beche, ought to be scoured, from the said Wodeshed to Wardysgote afore∣said by the Town of UUittlesey, and

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the Landholders, late Pavy's, in March; and that it was not then clensed. And they said, that the Town of UUittle∣sey ought to clense one Sewer, begin∣ning 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 Upstavin∣lake, unto the great River of UUise∣beche, 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 Ox∣ford, Humfrey Bourchier Lord Cromwell, Iohn Catesby, Will. Ienny, Thomas Grey, Roger Tounsende, Henry Spilman, Thomas Daniel, and others, were constituted u 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 Wy∣lowedyke; thence to Edgreynes; thence to Tydegote; and thence to the Sea: And to make Statutes and Ordi∣nances for the repair of them, accor∣ding to the Laws and constitutions of this Realm, and the Statutes of Rome∣ney marsh: As also to imprest such and so many Diggers and other Labou∣rers to be imployed in those Works, as they should deem necessary for the ex∣pedition thereof. The like Commis∣sion w had they for the view and repair of those in the Marshes betwixt the wa∣ter, running from Erith brigge afore∣said, by Ely, to Salterslode and Wi∣genall, 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 Land∣holders of Pokediche field, in Welle, exhibited a Petition x 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 da∣mage 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 then made by the Jurors, of all the Sewers, at that time in being, within this part of the Countrey; instan∣cing to whom the repair of each belon∣ged; 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 fur∣longs. 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 Pulver∣lake, the Prior of Modney hath a share: So likewise the Prior of Nor∣wich 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 Wil∣lough to Pulverlake. Which Celle∣rar of Bury hath also an half part in the middle of this lode, against all o∣thers, for two miles.

The Abbot of Ramsey ought to scour the Sewer, called Balkwere a∣butting 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 Massing∣ham's and Bekeswell's, ought to re∣pair the same unto the four Lodes end.

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In Crekelode also, Thomas Boteler of Helgay ought to scour a place cal∣led Hogges middle, for the length of one furlong. And the Duke of Glou∣cester 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 Bekes∣well's.

Sheting middil, in Crekelode, ought to be clensed by the said Celle∣rar of Bury, for the space of one mile and more. Chutting in Crekelode, by the Duke of Glouc. for half a fur∣long and more. Strem middil by the Cellerar of Bury, for one mile.

In Ung medil the Prior of Mod∣ney holdeth one part, by the space of two furlongs, against the Prior of Chetford.

Iohn Ashfield and the Abbor of Ram∣sey, for the lands late Nich. Gunnes. The same Iohn Ashfield holdeth one part in Lodwere, in Creklode afore∣said, for two furlongs.

In Bullinger the Prior of Modney holdeth half a part, for two furlongs and more, against the Abbot of Ram∣sey. The said Prior of Modney, and the Tenants of the Lands, late Massing∣ham's, ought to clense all Gredy mid∣dil, for one mile.

The Prior of Chetford ought to scour Iellis middil, for the space of one mile.

The Town of Lyttilport, the Wi∣dow of Nich. Orme, and the Earl of Worcester, ought to clense New∣dike 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 e∣qually.

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 Littil∣port.

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 Se∣man's gole, containing one mile, the Abbot of Ramsey and Iohn Aylesham, ought jointly to clense.

Maidlode beginneth at Welney∣water, 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 fur∣long; and by the Town of Upwell, for the Lands of Mr. Will. Dunthorne by the space of one mile; and for ano∣ther mile, and more, by the Town of Welle.

Shiplode ought to be clensed by Iohn Sambroke for half a mile; by Tho∣mas Beaupre for as much; by Iohn Fin∣cham also for half a mile; by the Ab∣bot of Ramsey for the like propor∣tion; 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 Aile∣sham 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 Many∣townsend,

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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 Man∣nyfeld'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 Ri∣ver 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 Crou∣land, 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 there∣of passeth unto Spalding Ee, and the other to Nomans land: some say, that it did antiently rn into a certain Fen, belonging to the Abbot of Crou∣land, called the Pricmote, alias Pos∣sons, in Lincolnshire, and so to the Sea: but now that current being stopt it runneth by the South Ee un∣to Clows Crosse and so to Guy hirne.

Furthermore, betwixt Shepelode and Salterslode, there is a Sewer cal∣led Thefe lake, which ought to be re∣paired 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 be∣twixt 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, cal∣led antiently Denver hithe, now stopt by the Lord Berkley, and the Town of Denver; which containeth one fur∣long, and more.

After this, viz. in 2 Edw. 6. at a Session z 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, Richrd 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 of Norff. Suff. Cambr. Bedf. Hunt. North. Rutl. and Linc. by and through two great Rivers; viz. Ouse, extend∣ing from Cambridge unto Ely; thence to Lytilport Chaire; thence to Sotherey; thence to Helgay; thence to Fordham; thence to Den∣ver; thence to a place in Dounham called Salters lode; thence to Wym∣botesham; 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 Cam∣bridge, called great Crosse; thence to a certain decayed River or Sewer called Creke lode, in March afore∣said; thence into another decayed River or Sewer, called the New Leame, in March aforesaid; thence unto a certain place in Upwell afore∣said, called Shewysnest poynt; and there the said River, dividing it self into two Branches, whereof the one returneth South Eastward, and is cal∣led 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 Ile of Ely, called New dike, and Creek lode, in Sothe∣rey aforesaid; thence unto Lytilport Chaire aforesaid, and so to the afore∣said 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

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place in Outwell aforesaid, called Outwell Sholle; thence Southward unto a certain place in Dounham a∣foresaid, called Northdelf; thence Eastwards unto Salters lode, into the said River of Ouse, there is year∣ly drowned within the Towns of Up∣well and Outwell aforesaid, eight thousand acres of Marish and Pasture grounds, over and besides the great da∣mage unto four several Infields of the same Parishes, called Plawfield, Kirk∣field, 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 Hous∣holds, 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 wa∣ters descending by the said great Ee, 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 afore∣said, 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 a∣foresaid, in form aforesaid, is constrai∣ned unto the said Chapel in Up∣well 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 afore∣said Liiij. miles: And the same Ri∣ver, descending from the said great Crosse unto Shrewysnest point afore∣said; 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, a∣foresaid, 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 afore∣said, by the said South branch, is xlvii. miles, and by the North branch afore∣said 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 Marsh∣land and Wigenall adjoyning; and in continuance of time, as they think in their consciences, will utterly drown the said Parishes, and the said Coun∣try of Marshland, unlesse the same de∣cayed 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 wa∣ter, otherwise called the South branch, coming from Shrewysnest poynt afore∣said, and extendeth from thence unto a certain fen of the said Edmund Beau∣pre, called Weeke fen; and from thence into a certain place in Helgay, called Shiplode Helgay house, and there in∣to the said great River of Ouse: The which Sewer they say hath been most

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specially decayed, by reason that there hath not been kept a good Sluce of stonework or timber, with sufficient fal∣ling 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 preser∣vation of the said Sluce, there ought to be a substantial Clouse of stone work and Timber, with two sufficient draw∣dores to the same, to be set within half a furlong of the said Sluce, to stop the fresh waters aswell in the time of re∣pairing 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 foras∣much as there hath not been a substan∣tial 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 Sew∣er.

And they said, that the heirs of Ri∣chard Cranford ought to scour the said Mayd lode, next from the said Wel∣ney water, called the South branch, by the space of one furlong, at the wide∣nesse 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, other∣wise called our Lady fenns, and one other mile for their Common called Blakmereshall: And then the Land∣holders, belonging to the Prior of Fa∣kenham, 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 Ram∣sey, half a mile: And then Richard Fyncham Gent. for certain Fen grounds and Marish half a mile: And the Landholders, late belonging to the Mo∣nastery of Walsingham, three quar∣ters of a mile: Then the Dean of Nor∣wich, 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 Town∣ships of Denver, Helgay, and Ford∣ham 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 Town∣ships shall drayn by the same Sewer, by estimation, a thousand acres of Com∣mon Fens and more.

And forasmuch as great Commo∣dity shall grow, aswell to the Inhabi∣tants of Denver, Helgay and Ford∣ham, as to the Inhabitants of the whole Countrey of Mershland, and Wygen∣hall, 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 Wigen∣hall, the which for lack of this provi∣sion, at this present by them agreed, have been divers times of late years drowned, that, in consideration there∣of, aswell the Inhabitants of Marsh∣land and Wigenhall, as of the said 4. Infields in Upwell and Outwell, cal∣led Plawfield, Kirkfield, Budbeche field, and Landy field, shall bear and sustain the Costs in and about the suffi∣cient 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 xxvi s. viij d.

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 Ile of Ely, by rea∣son

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of the decay of the said drayn, cal∣led in part New dike, in Littilport aforesaid, and in part thereof called Crikelode, in Sothery aforesaid, be∣twixt 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 Creek∣lode, 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 Landhol∣ders late Massingham's, and the Land∣holders late Bexwell's, ought to dyke the said Sewer against the late Land∣holders of the Cellerer of Bury, from the said Willow unto Pulver∣lake.

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 Mo∣nasteries of Castleacre and Wend∣lyng, and the Landholders, late Bex∣well's, ought to dyke the other part of the said Sewers, against the King, for the space of a mile. Then the Land∣holders late belonging to the said Ce∣lerer 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 fur∣long 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 mid∣dyl, 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 fur∣longs.

The Landholders of the late Mona∣stery of Thetford, and the Landhol∣ders 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 Sew∣er called Bullings, against the Land∣holders of the late Monastery of Ram∣sey, by the space of two furlongs and more. And the Landholders of the said late Priory of Modney, and Mas∣singham's, ought to dyke the said Sew∣er, 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 Iol∣les-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 cal∣led Welney water, by the space of a mile.

And that the persons chargable with the making, scouring, &c. of these

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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 Outwell∣sholl: 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 cal∣led 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 wa∣ters, descending to and against the same bank: the which Bank beginneth at the South end of the Parish of Out∣well 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 Ri∣ver, and in part to the North side thereof. Which Bank, by all the li∣mits 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 Marsh∣land, 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 hou∣ses; and so, by the same Houses, to Staple were, in Stow Bardolf afore∣said, made for the defence of the seve∣ral 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 Doun∣ham 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 un∣to Staple were 8 foot in bredth, and of sufficient height.

And that the Inhabitants of Doun∣ham, Wymbottesham, and Stow Bardolf, ought to maintain the

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same in manner and form afore∣said.

Also they said, that for the avoidance of the fresh waters, falling within cer∣tain 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 fal∣ling dore, for the avoidance of the said Fresh waters, into the said great Ri∣ver.

And that there is an old Bank, exten∣ding from Upwell Towns end, by and through the Common of Upwell, cal∣led Neatmore, unto a place called Moule rech, next unto the Common drove of Upwell, extending from Up∣well Towns end to Welney afore∣said; the which Bank was made in the beginning, as it should seem, for the pre∣servation of certain common and seve∣ral Fens, called Neatmore, Low fen, Waxbeche, and Walsyngham fenns; the which Fens amounting to the num∣ber 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 Inhabi∣tants of Upwell aforesaid.

And that there is another old Sewer, called Small-lode, between Upwell and Outwell aforesaid; which begin∣neth at the great River in Upwell, cal∣led 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 belong∣ing to the Monastery of West Der∣ham, 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 Ayle∣sham'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 with∣in the said fields, it cannot be conveyed out of them unto the Sea, by any of the Sewers before-mentioned: for the a∣voidance 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 Wa∣dingstowe; and from thence directly in a Dyke, by a certain Bank called Plawfield dike; and so by a certain dike called Badike; 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 Bar∣drove; 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 Ri∣chard 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

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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 Bate∣man 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 cer∣tain 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 Cor∣ner and there to enter into a great Pipe of Stone and Timber, under the said great River, extending from Out∣well Shll 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 Sal∣low ground of the said Edm. Beaupre, called Hodg hirne; and there to enter into Rightforth lode; which Lode be∣ginneth 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 Arun∣dell, 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 afore∣said, 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 Up∣well 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 di∣vers 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 di∣rectly 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 Dere∣ham, the Lands of the Dean of Ely,

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and the Lands of Iohn Fyncham Gent. the Lands of the Heirs of Anth. Croftes, the Lands of the Heirs of Edm. Chatte∣rys, the Lands of Iohn Coney, the Lands of Reynold Hilbrond, the Lands belong∣ing 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 di∣vers 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 Owt∣well 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 Cambridg∣shire; 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 Up∣ward; 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 Ed∣mund, 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 wa∣ters 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, cal∣led 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 afore∣said; 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 un∣der Small lode, 8. foot: and from the said Sluce by all the said Drayn un∣to 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 ano∣ther Session a of Sewers, it was presen∣ted by the Jurors; scil.

1. That the Sea-bank, beginning at Tyd gote, in Tyd S. Giles, adjoyn∣ing upon the County of Linc. and so leading to a place called the Horshooe, being in great decay, be made in height xx. foot above the Saltmarsh, and in bredth six foot, by the Inhabitants of Tyd, Newton, and Leverington.

And from the Horshoe unto Crab∣marsh 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 on∣sent of the said Bishop) for the pave∣ment

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of the Market place in Wisbeche, and part by Mr. William Blomfield for making of a Windmill there.

2 That the Bank called Whymey∣dike, beginning at the Sea bank end, at the Horshooe in Leverington, ought to be made unto Coxe corner in Wis∣beche, 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) be∣yond Bevys Hall on the North side, and West side of the said Rivr, to be made in height xii foot, and bredth xvi foot, by all the Landholders on the North of Wysbeche. And that New∣dike, from Lyntyshirne, unto the far∣ther 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 Leve∣rington, 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, xvi d. 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 thred∣ding, in height and bredth as afore∣said, by all the Landholders in New∣ton: 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, begin∣ning at Tyd gote and extending to Wysbeche Sluce.

6 That a Crest be made from Fyt∣ton bridg against the gole in Levering∣ton, 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 Tholo∣mer's drove, beginning at the Fendyke, and reaching to Tholo∣mers, in height and bredth afore∣said.

8. That the Landholders in Guy∣hirnfield 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 Cor∣ner, on the East part of the Sewer, to be made by the Landholders of Guy∣hirne field. From Marytts bridg to Tholomers, of the West side, by Wil∣liam Butcher, for his lands in Calves field, so far as his lands do extend, and the residue by the Inhabitants of Tho∣lomer'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 Sorrll dike) by the Land∣holders in Rummers field; all of the like bredth and height.

9 That the Landholders of Munth∣forth 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 Ri∣chey field: in height 4 foot, and bredth 8.

10 That Tho. Gardner, the heirs of Henry Repps Esquire, the heirs of Lau∣rence Cade and Agnes Talbot, with their Coparceners, do make a Crest in Rat∣row, 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 Bel∣ly myll brigg by the Landholders in Richey field, in height six foot, and in bredth 8.

12 That the Landholders in Wil∣lake and Munforth field make a Crest in Galles drove from Dods brigg,

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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 Sayr∣field, make a Crest in Wallys gate, from Bellymill brigg unto Cheyney∣brigg (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 Ny∣mans 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 Hirn∣field make a Crest in Fleming's drove, from Bevys drove to Bowman's drove, in like sort.

22. That the Landholders in Long∣land 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 Ri∣ver, 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 Har∣vey 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 Ny∣man's dole make a Crest from Bar∣ton Crosse unto Barret's Brigge, in height and bredth as aforesaid.

28. That the Landholders in Flat∣more 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 be∣tween 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 Sondy∣lond 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 Lowfieds 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 re∣quireth; 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 hol∣deth.

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.

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26 That all Weres and Stampes from Guyhirne to Clows-crosse, or els∣where 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 Trok∣nold, and the other by those of Tyd S. Maries and Sutton; and from Trok∣nold field unto Marysh cote, the one half to be clensed by the Bishop of E∣ly and his Tenants, and the other by the Landholders of Sutton and Ged∣ney, it being the division betwixt Cambridgshire and Lincolnshire.

28. That Guyhirne gole be stopped.

29 That the Sewer, called the New leame, from Knar lake to Stan∣ground, being so grown up that no wa∣ter 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 Wis∣beche 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 Leve∣rington, in bredth xii foot, and depth four; and repair seven Bridges in the Town of Newton.

32. That the great River of Wis∣beche being greatly decayed, raised and filted up, by reason of the flowing and ebbing of the salt water; for preserva∣tion 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 Wis∣beche, 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 ri∣vers 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 Ke∣kys 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 preser∣vation 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 waer may the better descend into the great river.

Leverington.

36. That a Crest be made from Fytton bridge against the gole in Le∣verington, 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 Park∣field and UUratfield.

38. That the Landholders of Harp∣field 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 South∣ingham, in Leverington, make a dike called Overdyke, beginning at Bell∣mylne 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 Land∣holders of Blacklanefield, in height 6 foot, and bredth xii.

40. That the Landholders of Ry∣mersfild 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 New∣field

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in Leverington make and repair a Crest in Alinne drove, beginning at Bird's drove, and so leading to New∣field pipe, in height six foot and bredth 8.

42. That the Landholders of Poke∣field make a Crest in Mill lane, begin∣ning 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 Cat∣tle 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 Rich∣mund field and Newfield make a Crest in Turnmeredike, beginning at Bond's gote, and so leading to Rich∣mund pipe, in height 6 foot, and in bredth xii foot.

45. That the Landholders of Long∣meadow and Catfield, make a Crest in Oldfendike lane, beginning at Leo∣nard'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 Landhol∣ders in Leverington; the menure to be taken off the lands annexed, paying to the Owners iiij d. for every Rod.

47. That the Landholders from the High Fendike to Newlane, in North∣inham, 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 Northin∣ham; but that the narrowest place be six foot wide; that Boats may passe.

49. That the Landholders on the North of Wiseche River, who drayn through Leonard's pipe, make suffici∣ent a Crest, beginning at Leonard's pipe, and so leading by Popelane to Ives dike bridg, in height four foot a∣bove 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 hereto∣fore.

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 wa∣ter from running in Wisbeche lode.

51. That the Landholders of Sou∣thinham and Canonfield, make a Crest from Dike corner unto Over dike, in height six foot, and bredth eight.

52. That all the lands in Levering∣ton 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: never∣thelesse the Inhabitants to have a Com∣mon set in the said Lode, at a place cal∣led Richmond greene, from side to side, according to antient old Cu∣stome.

Newton.

53. That a Sewer be made in Long∣field, in Newton, in bredth 8 foot, and depth 4, between the lands of Ief∣frey Colvile Esquire, and Simon Trove, and the lands of the said Mr. Colvile and Thomas Reynold, from Mill lane un∣to Medow lane.

54. That another Sewer be made in the midst of Longfield aforesaid, from the lands of Ieffrey Colvile Esquire, a∣butting 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 Col∣vile Esquire, called Worthens Croft, in bredth 8 foot, and in depth 4.

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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 New∣ton, time out of mind, ought to repair a Dike called Lowings, otherwise cal∣led 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 cal∣led Goredike, from Block's lane, lea∣ding 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 o∣ther 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 New∣ton from viii acres of ...... Drews, at Fytton gole, at the West end of mea∣dow 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 Sew∣er of Newton, to be diked 8 foot in bredth, and depth 4, every man against his own land.

66. That the Sewer in Fenlond∣field, beginning at Starts gate, and so going into a Pipe lying over Franks lane; and so to the mote of Geffrey Col∣vile 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 Shofen∣dike; beginning at Goredike, and so leading to Tyd thredding, in height 8 foot, and bredth 6.

68. That all Weres and Stamps, be∣ing in the high lode of Newton, from Shofendike into the 4 gotes, be pulled up.

69. That the Township of Levering∣ton do make 8 Bridges in Newton, and one Close shut: which Bridges do lye towards the South; the first at Stan∣field's dore; the second at the begin∣ning of Black dike; two at Levering∣ton 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 Leve∣rington 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 Somer∣lesue

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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 requi∣reth.

75. That all the Dikes lying against the North side of the Town drove, and under Old dyke and Fen lane, begin∣ning 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 Town∣drove, 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 Ry∣londfield, Carrow field, and North∣lane field: And from Fenlanes end unto Shofendyke one Crest to be made in height and bredth as aforesaid, by all the Landholders in Ellet∣field.

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 a∣foresaid, 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, Fen∣lane, 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, begin∣ning 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 Brod∣hest, 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 Com∣mon 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 Com∣mon Sewer.

85. And that the Landholders of the same field, from Blacklane unto Bar∣row's greene, at the North head of the same field, ought to make one pet∣ty 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 Chauche∣on'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 Hel∣gay'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 Bot∣tel's

Page 346

lane, from Bottel lane brigg unto Ee dike, in height 4 foot, and in bredth 8.

89. That all the Landholders in Fen∣dyke field, make one Crest in Black∣lane, to begin at Tubbesbrigge unto Bottlebrigge. And in like sort the Land∣holders in Cockley field to make one Crest in Ey gate, from Bottel brigg un∣to Ee dyke, in height four foot, and bredth .....

90. And in like manner the Land∣holders 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 Horne∣lanes 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 Head∣borows 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 begin∣neth 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 Lake∣brigge 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 descen∣ding 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 Magg∣lake, in Outwell and Upwell, be clen∣sed by the Inhabitants of both the said Towns, in bredth ....... foot, and depth 4 foot.

107. That Bishop's dike, which be∣ginneth 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 Up∣well.

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 Drans in the Hundred of Wisbeche, xviii foot in bredth or more.

110. That Budbech Sewer, begin∣ning 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 clen∣sed in bredth x foot, and depth 3 foot, by all the Landholders of the said field.

111. That the Sewer called New∣dike, lying in Buriall field, in Out∣well; beginning at the East end of a Wood sometime Hilbrond's, and de∣scending 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 be∣ing cut, the water may passe to the Ri∣ver 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 wa∣ter,

Page 347

when it is high in the River of Elme, so that it descend not back∣ward.

113. That a pair of Barrs be set up at Dod's stile (alias Seywell's Clout.

114. That a Dike called Broken∣dike, 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 with∣in 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 per∣son so neglecting. And if he be not stramable, then to distrain upon any o∣ther 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 Town∣ship.

118. That all pains forfeited, the moytie of them to redound to the Bi∣shop 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, in the same 13th year of Qeen Eliz. reign, it was thus ordered b 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 Marsh∣land, in the County of Norffolf, and for the Borders and Confines of the same; viz.

Forasmuch as Bishops dyke, with∣in 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 re∣membrance of man) to the great de∣caying and impairing of Broken dyke, being one of the defenc-Dikes for sal∣vation of the whole Country of Marsh∣lande, to the great peril of the drown∣ing 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 amen∣ded 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 where∣of is unspeakable; it is therefore condescended and agreed by the said Justices;

That the Landholders of Elme, within the Isle of Ely aforesaid, be∣tween 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 maintain∣ed; which cannot be, if the land there remain surrounded still, and so there∣by no profit to be reaped by the Ow∣ners of the same land; shall have license to issue out the water of Oldfield, be∣tween 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 Walso∣ken, in the highest parts of Marshland.

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Provided, that when it shall be thought by any two of the Justices a∣foresaid, or by any four of the chiefest Landholders of the Country of Marsh∣land, 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 percei∣ved by any two of the said Justices, or by any four of the chiefest Landholders of the Country of Mershland afore∣said; that the Charge bearers of Bi∣shop'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 a∣ny water is received into Oldfield, by any way or device, to the intent to ut∣ter 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 Inha∣bitants 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 Em∣neth.

Or if the Owners and Landholders of Oldfield, do not from time to time, well and sufficiently repair and main∣tain, 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 here∣of; and from time to time thenceforth to continue and keep the same in good reparations; or else to cease, as is a∣foresaid.

At a Session o of Sewers held at Wis∣beche 22 Apr xvi Eliz.

Ordered, that the Causey called Norwol dam shall be raised with gra∣vell three foot higher than it is, at the costs of the Hundred of Wisbeche; sa∣ving a way to be left of xii foot in bredth, 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 Improvement of Needham & Buri∣all fields (lying within the Precincts of Upwelle) by an Agreement of the Landholders there, on the xxiiii th day of Iune, 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 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, 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 Keismill, 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 Wise∣beche upon the 12th of Iuly in xxiii Eliz. it was thus ordered f; that where∣as the Common, called Ladwers, ly∣ing in Elme, is drowned for want of a Crest, that there be a Crest or Bank made, beginning at Tylneyhirne, and so leading to the New Leame; thence

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by the River of Nene to the Horshooe; thence to Marmond land; thence to the West end of Langbeche, adjoyn∣ing 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; 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

Whereas the great River of Wis∣beche is, by this our Law, ordered to be digg'd for the better grinding of the Chanel low to the Sea; 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 Wis∣beche Sluse, hath been doubted in for∣mer Sessions for Sewers, who of right ought to dig the same: and that there∣upon, 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 be∣fore 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 di∣vision 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 be∣longing to the dissolved Monastery of Crouland: And from Fryday brigg to Marys dam, by the Lord of Cold∣ham: 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 discharg∣ed of all such like digging in and upon any the Commons of the said Hun∣dred, 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 Landhol∣ders 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 Town∣ship 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 Wis∣beche 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

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charge of all the Inhabitants of the Hundred of Wisbeche.

And at a Session i of Sewers held at Wisbeche 26 May 29 Eliz. it was pre∣sented by the Jurors, 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 high∣er 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 un∣der 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 Evys∣dike bridg, by a cut through the Bank at Leonards pipe, shall have their course in Pope lane lode, unto E∣vsydike bridg, and so to the four Gotes.

At another Session k of Sewers, held also at Wisbeche 10 Oct. 31 Eliz. 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 consti∣tuted, it was thus decreed; That where∣as the Fen, called Needham and Bu∣riall 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 Sal∣ters 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 pur∣pose) and from thence by a Sewer upon the East side of Meares drove, by ano∣ther 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 con∣sent 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 ere∣cted by the before-mentioned Landhol∣ders) 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-mentio∣ned, 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-mentio∣ned, to Ward brigge, in Stow, con∣tain 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 Bi∣shops dike, within the said Fen, xxx foot, at the least, from the said Bi∣shop'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 cor∣ner 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

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said Sluce at St. Christopher's Chapel.

And likewise that an antient Sewer (belonging to the said Fen) called Knights dike; beginning neer Ben∣ford'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 Bu∣riall 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 iiii d. by them expended, vi d. and for every iiii d. unpaid to levy vi d.

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 xii d. the A∣cre, imposed upon all the lands in Ned∣ham 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 Sur∣plusage) in any Market within ten miles.

And at a Session of Sewers l holden at Lynne Regis, ult. Sept. 33o Eliz. before Sir Iohn Peyton Knight, Nich. Hare, Hmfr. Guibon, Edm. Bell, Rob. Forest, Tho. Oxburgh, Alex. Balam, Iohn Wil∣loughby; and Miles Forest Esquires, it was farther ordered, that whereas the Acre∣shots imposed upon Richard Fyncham Gent. towards the drayning of Ned∣ham fen, amounting to xxxvi l. viii s. were not paid, no any distresse to be found upon the grounds charged there∣with; 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 Ordinan∣ces m made, concerning the course of Welney stream, and Welle stream, with other Sewers, the substance where∣of are as followeth; viz.

Whereas it is evident, that not only the Rivers of Grant, Nene, Ouse, and Weland; but the land-waters from the Counties of Hunt. Northampton, Cambr. and Norf. and some part of Suff. which border upon the Isle of Ely, do stay in the Fenny grounds of the said Isle &c. forasmuch as neither the several Rivers, nor the other streams that are fed with the same, as March stream, the New Leame, the West-water, and divers Lodes within those limits, be sufficiently clensed, not im∣banked 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 al∣so the New Powike 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 Commissio∣ners, deliberately considering the re∣dress, 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 im∣banking in places convenient, the said Marish grounds will be perfected or much amended: and therefore did or∣dain, 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, be∣fore 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

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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 Dere∣ham; and thence to Seman's goole: and thence to Northdelph, by those whose lands lye adjacent thereto. So al∣so Darcey-lode, and Coxlode. Like∣wise that Maid lode and Ship lode, and the moytie of London lode (which endeth at Northdelph) should be per∣fected, the Banks to be made in the bot∣tom xvi foot, and four in the top, and five foot in height. And the said Maid∣lode 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 resi∣due 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 cal∣led Neatmore, lying without the li∣mits. Likewise, that a Tax of x s. the Acre, be imposed, for erecting of Slu∣ces, 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 Den∣ver 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 Cau∣sey, extending from the Crosse at Up∣well 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 be∣fore the first of Ian. next following, be made and maintained of the like wide∣nesse, 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 Dike∣reeves should levy ii d. for i d. upon all that did make default in paying of their proportions (according to the Custome of Mershland) And if the Dikreeves should be remisse, then the Commis∣sioners to levy the said ii d. for i d. and i d. upon the said Dikereeves, be∣sides.

Which Acre-shot being not paid by the said Sir Iohn Payton and his Lady, and Edmund Bell Esquire, as it was de∣creed by the before-specified Commis∣sioners; there was a Session of Sew∣ers held at Sechie, in Com. Norff. upon the eighth day of May, the next ensuing year, by Francis Gawdy Esquire, one of the Queens Justices of the Pleas, before her self to be holden; and in that Ses∣sion a demise, n 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 de∣creed, by those Commissioners.

And at another Session o of Sewers, held at Dounham, in Com. Norff. upon the xx of Sept. in the same year, by the said Francis Gawdye, Edmund Bell, Cle∣ment 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 de∣creed; 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, be∣ing 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 of Sew∣ers holden at Sechie aforesaid, upon

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Wednesday in Easter week, being the xi of April, in the xli year of the said Queen, by the said Francis Gawdy, Cle∣ment Spelman, and others; recital being made of those Ordinances established in the former Session, before noted, held the 29 of Sept. 39 Eliz. for drayn∣ing the Marsh-grounds in Upwell be∣fore-specified, by a lode called London lode (provided for the drayning of Neatmore, and certain grounds adjoy∣ning) on the North part, and the drayns called Mayde lode and Ship lode, on the South: whereby the Banks were ap∣pointed 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 wide∣nesse 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 In∣habitants of Upwell, for the residue of their Common, called Neatmore, ly∣ing without the limits aforesaid imban∣ked. 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, height∣ning 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 be∣fore-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 asses∣sed and taxed.

Extracted out of a Certificate q of certain Commissioners assemled at Up∣well, 24o Sept. 41 Eliz.

1. That the Bank sometime called the Crest, but now Turk-banke, late∣ly re-edified for the defence of the wa∣ters 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 im∣banked, which are esteemed 4000 Acres at the least, from i d. the Acre, to 3 s. 4 d. 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 ori∣ginally made for defence of the waters coming out of the said Isle, from over∣flowing 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 anoher 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 Wel∣lenhe, 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 per∣fected (as by a Law of Sewers is pro∣vided) the Inhabitants of the said Isle, and other the Countries confining, shall receive much more benefit, and be bet∣ter drayned, than before the inning of the said grounds and erection of the said Turks banke, they have been.

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The Presentment r 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 to∣wards 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 therea∣bouts; where, falling into the Ouse, they stop the waters naturally flowing into those quarters from that ordinary Drayn &c. Whereupon complaint be∣ing 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 or∣dered;

  • 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 Slue, 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 for∣cibly through the said Cuts, that for the space of x or xii days after it suck∣ed 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 peo∣ple 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 Man∣nour 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 Commos, 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 accor∣dingly 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 beame the principal undertaker for draining of the whole great Levell, and did per∣form the work. But afterwards his said drayning meeting with some disasters, the whole Levell became totally sur∣rounded again, and so continued untill William Earl of Bedford and his Parti∣cipants, did in the year 1649. under∣take to drayn it anew; which in four years time he perfected (as I have els∣where more fully shewed) VVhere∣upon Sir Iohn Watts Knight, and some others, who claimed under the first un∣dertakers before-mentioned, were re∣stored to the possession thereof.

Page 355

At a Session s 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, 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 con∣firmed in all points; and an Acreshot of x d. the Acre imposed for the spee∣dy redress of all defaults, in the said Drayns, Banks &c.

Certain Observances made upon the Marsh∣es, 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.

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; lea∣ving 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 North∣wards, 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 run∣neth 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 Tiring∣ton 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 violene 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 peo∣ple of the place, not understanding what a defence it is to their Banks, con∣tinually bear away the same to the re∣pair of those Banks, never foreseeing their destruction, if that Skore of Clay were once gone, and the Sea at the or∣dinary depth of his Chanel, suffer∣ed 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 ex∣ceedeth 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 hap∣ned, all those sands have been removed, and the Chanel grown to the old course again. Here is a special obser∣vance to be made, Qui habet intellectum attendat.

Decursus nam{que} aquae dulcis, viam prae∣bet marinae: Oceanus interim, ex duobus his canalibus aestuans, fossata marina ala∣trand, alluendo, inundando, & lacerando saepissimè gravissime{que} ita excercet; ut, de∣ficientibus aggeribus (de quibus malè sustentatis multùm doleo) de finali perdi∣tione & dissolutione partium adjacentium, verisimiliter (quod absit) formidatur; nisi & Hinc nascitur periculum & onus; illico acquirendum est remedium & salus: Homines verò patriae cum pleri{que} inertes sint & hebeti ingenio, in se invicem nuper pro fossatorum sustentandorum oneribus obruentes de remedio ex sublatâ causâ, ne somniare quidem possunt; sed nec inge∣niosos inertiam{que} suam desidiosam exo∣sos, inter se vivere vix sustinre possunt.

The head of the 4 Lincolnshire Gotes is preserved (especially in Sum∣mer) 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

Page 356

Finne at the very head; and there, by his plentifull descent scoureth, to good purpose, that which otherwise in Sum∣mer would be silted up: such penury there is of fresh waters in the Country at that time.

In 19 Iac. there was a Decree made at Outwell, by the Commissio∣ners of Sewers then fitting there, for levying the forfaitures and penalties imposed by the Jurors for the Hundred and half of Clakclose, upon the Land∣holders of Churchfield and Plaw∣field, 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.

And in 8 Caroli, there having been an Agreement made with Henry Dere∣ham of London Esquire for the drayn∣ing 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 Agree∣ment 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 xl s. 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 De∣cree made at Wisebeche upon the 20th. of September, the same year, in a Session of Sewers then and there held.

Notes

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