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.

That the waters of the Isle should not, nor of old did fall down from Welle upon Marshland Eastward; nor into Welle Fens in Norff.

1. See the Commission de anno 21 E. 1.

2. See the Leet Rolls de anno 29 E. 1. pro Wadingstow fracto, in hiis ver∣bis; Reginaldus de Burgo fregit obstupatio∣nem de Wadingstow, factam per Breve domini Regis, & reversit aquam extra re∣ctum cursum suum ad magnum dampnum & nocumentum totius patriae; ideo in mise∣ricordia iii ^s.

See there some others amerced for the like; and in the next Leet, how their Pledges were amerced, and the Offenders commanded to be atta∣ched.

3. See in the Rolls of Upwell Leet 12 E. 2. in fine, divers amerced for breaking or hurting the Banks of the Fenn, called the Fendike, between Welle and Wellenhe; and many Presentments to prove that there were Banks from Upwell to Wellenhe; and that they should not be broke nor cut, nor the water turned into the Fens neer Marshland.

4. See the stopping of the waters of Welle from falling upon Marshland, upon rhe Complaint of Marshland men made to the King, by whose Com∣mission they were stopped at Outwell brigge, at Small lode brigg, and at Fendike lake in Upwell, and at a place neer the Sluse at Upwell Towns end, on Popham lode head sometimes cal∣led UUadingstow.

5. And upon the breach of the Dam at Smal lode bridg (by means of a Complaint of Marshland-men) see a Commission sent down in 25 E. 1. to enquire of the Malefactors, and to pu∣nish them expressly, for breaking Small lode dam, and a Writ of At∣tendance directed to the Sheriff to that purpose.

6. And that Small lode dam, was according to this Commission made and fortified again, appeareth plainly by divers Presentments and punishments set forth in the Leet Rolls of Upwell aft••r those days; only one of 12 E. 2. shall suffice, viz. — Et dicunt, quod Walterus Jollyff consuetus est trahere batellam suam ultra estupationem factam per Breve Domini Regis apud le Little lode, per quod dicta obstupatio deterioratur; ideo in misericordia ii ^s. See there, 4 or 5 more amerced for the like: And that there were Banks from Upwell to Welleney aboard the great river kept, that the water should not fall into the Fens on Norfolk side, may be proved by very many Presentments, almost in every Kings time since Edward 1. to K. Iames; viz. in 1, 2, 22, 23, 24, 25, E. 1. 2 E. 2.12, 15, 16, 18 E. 2.3, 4 E. 3. &c: 2 R. 2. &c.

I will only add one more old Re∣cord to prove that the waters of the Isle should not fall into the Fenns on Norff. side, An. 24 E. 1.

—Iuratores dicunt, quod Adam Noach cidit communem dravam per me∣dium, juxta hold Wellen hee, per quod

cursus magnae ripariae, & hold UUellen hee transversus est ex recto cursu versus mariscum, ad grave nocumentum totius Communitatis; ideo dictus Adam in mi∣sericordia xii ^d. And in the Leet follow∣ing his Pledge was amerced and pained to have it amended; and he himself di∣strained to answer to it.

So that, where it is here said (and in many other places also) that the stream of the great River of Wellen∣hee was turned out of his right course by cutting the Fendikes or Droves; in this Presentment and some others it is said, that the water was turned into the Fen; so as to go out of the right course into the Fen, proveth plainly that there was no Watercourse through the Fen for the water to passe by.

And in An. 1 Mariae it was thus pre∣sented —Et quod nulla persona abscin∣det Calcetum in aliquâ parte ejusdem, sive aliquorum aliorum Calcetorum &c. sub poena forisfacturae pro quolibet tempore sic factum vi ^s, viii ^d.

And in the Convocation for Cow∣stowe .... the Jury say thus;

— Dicunt etiam, quod antiquo tem∣pore, antequam aquae Marisci descende∣bant versus Wigenhale,* 1.1 Sed postquam aquae marisci desendebant versus Wigen∣hale nunquam fuit dictum fossatum aliqua salvatio &c.

Whereby it appeareth, that anti∣ently the waters of Upwell did not fall down towards Wigenhall, and so by Lynne.

Notes

• * 1.1

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