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.

CHAP. LIV. For the general Drayning of the great Level.

IT hath been a long received opinion, aswell by the bor∣derers upon the Fens, as others; that the to∣tal drowning of this great Level (whereof we have in our times been Eye witnesses) hath, for the most part, been occasioned by the neglect of put∣ting the Laws of Sewers in due execu∣tion in these latter times: and that be∣fore the dissolution of the Monasteries by King H. 8. the passages for the wa∣ter were kept with clensing, and the Banks with better repair, chiefly through the care and cost of those Re∣ligious Houses.

It cannot (I confess) be denyed, but that the opening and ••couring of those many petty Draynes and Sewers, which antiently had been made by sun∣dry persons, for the better drayning of their own particular lands, might much conduce to the sooner taking away of these vast spreadings of water in the Summer season; but wholly to clear them, was impossible, without the perfect opening and clensing of their natural out-falls, which the daily flow∣ing of the Tides had choakt up with so great a thickness of Silt (as in the xxxvii ^th. Chapter of this discourse I have fully shewed.) In order where∣unto the first considerable attempt, whereof I have seen any notable me∣morial, was in 20 Eliz. the Queen then granting her Commission to Sir Thomas Cecill,† Sir William Fitzwilliams, Sir Edward Montagu, and Sir Henry Cromwell Knights, Robert Sapcotts, Rob•• Winfeld, William Hunstone, Edmund Hall, Robert Bevell, Vincent Skinner and Iohn Mountsteving Esquires, and to any four or more of them, to pro∣ceed according to these following Ar∣ticles, intituled,

Articles to be enquired on by the Commis∣sioners for the Drayning of the Fenns, through and by the Drayn, called Clowse Crosse, and so to the Sea.

1. TO cause a perfect Level to be made of the same Drayn, throughout all places convenient, from the Clowe-crosse to the Sea.

2. Item, to enquire by the Judgment of Workmen, or otherwise, how a perch of the same may be wrought, and so consequently what the charge of the whole will amount unto.

3. Item, how that charge may be most easily born, and by whom, and how the same may be rated by the Acre or otherwise, having a respect to charge the owner of the grounds in severalty with more, and the Commo∣ners with less, ratably according to their portions.

4. Item, to enquire and certify the quantity of the grounds that are seve∣ral, and the grounds that ly in Com∣mon.

5. Item, the names of the Towns, that the Commissioners shall think meet to be charged in contribution, in respect of the benefit they sh••ll receive by the said Drayn; and likewise the names of the owners in severalty chargeable for the same.

6. Item, what detriment, loss, or hind••an•••• may or is like to come to

our Sovereigne Lady the Queen's Majesty or to any other person or persons by opening of the said Drayn.

7. Item, a Book made of the con∣tribution, to appoint, for the well and perfect doing of the work, certain Col∣lectors to levy the money, and certain other persons to see to the expending of the same; all which to yield Accompt to the said Commissioners.

Hereupon the before-specified Com∣missioners sate at Peterborough upon the ix ^th. of Iune in the same year, and there empanelled certain Jurors (viz. six for each County) of the Counties of Northampton, Lincolne, Huntendon, and Cambridge; who presented as followeth; viz.

• 1. To the first Article, that there was a sufficient descent or fall between Clowse-crosse and the Sea, for the Drayning of the Fenns; and that the most convenient place for conducting of the Drayn was from the Windmill Corner, upon the West side of the Bank, called Willow dike, unto a place there called Gannok; and from thence to cut through the Lands of the Queens Majesty, and the lands of Henry Adam Esquire, in the Fenn of Tid S. Mary in the County of Lincolne, unto the Ea between both Shires, viz. Lincoln and Cambridge, at Graynes hill; and so following the course of the old Drayn, dividing both the Shires, unto the Gote called Shire Gote.
• ...

  2. To the second Article; that by estimation every perch from Clowes crosse to Gannok, being in number 968. every perch having xx. foot in length, xxiiii. in bredth, and six foot in depth, would cost, for the making thereof, xv ^s. And every perch, after the quantity aforesaid, from Gannok to Graines hill 61 perches, would cost x ^s. the charges of the perches afore∣said amounting 75•• ^l.— 06^s. — 08^d. And from Graynes hill to Shire gote, being in number 1732 perches, would cost, for every perch scowring 03 ^s.— 04 ^d. that summe amounting to 288 ^l. — 13 ^s. — 04 ^d.

  The summe totall 1045 ^l.

  Item, for building of the Clowes, and for every other extraordinary charges thereto belonging, they judg∣it would cost an hundred pounds.

  The total of the whole 1145 ^l.

• 3. To the third Article, they presen∣ted; that the charges of the Drayn from Clowes crosse to Graines hill, should be born by the equal charges of Cambridgshire, to be lev••ed of all those Towns and grounds nigh adjoin∣ing, and having Common or several in any Fenns or low grounds, within any of the said Countries before-named, reaping or taking any profit or Com∣modity by Drayning of the Fenns by the Drayn through Clowes crosse, and so to the Sea.
• 4. and 5. To the fourth and fifth Articles, they presented a Bill or Book of several Countries and Towns there∣unto annexed, of all that they knew; and for farther knowledge they referred it to the good discretions of the Lords, Masters, owners and dwellers within any of the Towns and grounds neer adjoining to the said Fens, and reaping or taking any Commodity or profit any manner of wayes by the said Drayn, called Clowes crosse Drayn, or Shire Drayn.
• 6. To the sixth Article, they presen∣ted; that to their knowledge there was neither detriment, loss, or hin∣drance like to happen to the Queens Majesty or any person or persons, by opening the said Drayn, the Clowes and Bankes being sufficiently made, or∣dered, and kept, except two Acres of the Queens Majesties and Henry Adam Esquire; but great Commodity and profit to all the Inhabitants and Dwellers neer to any of the said grounds or Fenns above South Ea Bank.
• 7. And to the seventh Article, they presented; that they left it to the good discretion of the Commissioners to ap∣point at their pleasures.

Next followeth the names of all the Towns and Lands contributory and chargeable towards this work: as also of the Treasurers and Surveyors for each County: but what was ac∣complisht therein I am yet to learn: Sure I am, that it would have fallen far short of performing what was aimed

at; there being nothing more evident, than that without a general Drayning, all these particular attempts, how chargeable soever, would be of little moment, witness that fair Chanel, made by Iohn Morton Bishop of Ely in King H. 7. time (called Morton's Leame, or the New Leame) extending from below Peterborough to Guy hyrne; and this of Clows crosse; as also Popham's Ea, the Londoners lode, and many others: which cost, had it been at once bestowed upon the main work, might have gone far, towards the accomplishment of a ge∣neral exsiccation of this whole Fenny tract.

And this was, at length, experimen∣tally found to be so, by such as were men of skill and judgment: to the end therefore, that so noble and profitable an undertaking, as this of a general Drayning would, might be promoted; and that the inter••st of them who were Lords (id est of the soyl) of those great Waste grounds, or any severals as were subject to such inundation, might not hinder so laudable a work, tending to the disburthening from those great and constant charges in Banks and Sewers, which were found to be of little avail to that publick end, and prevent the ex∣traordinary benefit, which (as was cleerly seen) would accrue thereby to the Realm; that excellent Statute of xliij. Eliz. was made, intituled An Act for the recovering of many Hundred thou∣sand Acres of Marishes and other grounds, subject commonly to surrounding, within the Isle of Ely, and the Counties of Cam∣bridge, Huntendon, Northampton, Lincolne, Norfolke, Suffolke, Sus∣sex, Essex, Kent, and the County Pala∣tine of Duresme, the preamble whereof runs thus; Whereas it is apparent to such as have travailed in the execution of Com∣missions of Sewers in the Iles and Counties aforesaid; that the Wastes, Commons, Ma∣rishes, and Fenny grounds there, subject to surrounding, may be recovered by skillfull and able undertakers, whereby great and inestimable benefit would arise to her Ma∣jesty, her heirs and successors, disburthen∣ing her Highness of many chargable Banks and works of Sewers within those surround∣ed gronnds, as the increase of many able subjects by habitations being there erected, and in like sort profitable to many her High∣nesses subjects, both bodyes politick and cor∣porate, who have estates of inheritance and other interest within the same: And for that the Drayning and making dry and pro∣fitable of those surrounded grounds is chief∣ly hindred, for that the greater part of them are Wastes and Commons, subject yearly to surrounding, wherein divers have Common by Prescription, by reason of their resiance and inhabitancy: which kind of Commons nor their interest therein, can by the Com∣mon Law be extinguished or granted to bind others which should inhabit there af∣terwards: And in that also it appeareth, that the Commoners in respect of their po∣verty are unable to pay the great charges to such as should undertake the recovery of the same: It was therefore enacted, that the owners of all surrounded Wastes and Commons, as also the most of the Commoners, for their particular Com∣mons, might contract or bargain for part of such Commons, Wastes, & Se∣verals, with such person or persons who would undertake the Drayning (the Country themselves being not able to do it, as the said Act acknowledges) and that the same their contract, and con∣veyances thereupon made, should be good and available in Law, against the Lords of the soyl &c. and all other the Commoners therein; but not against the said Queen her heirs or successors, except such conveyances should be cer∣tified into the Chancery, in case the said Wastes were of the possessions of the Crown, and except the royal assent were obtained thereunto.

Howbeit, upon this Act (hapning so neer the latter end of that Queens reign) little was done: but King Iames, shortly after coming to the Crown, be∣ing a grave and prudent Prince, as also of a most noble and publick Spirit, and withall highly sensible of the general advantage, which thereby would re∣dound to whole Kingdome; by his Letters a directed to the Commissio∣ners of Sewers, for the Isle of Ely, and Counties of Norfolk, Suffolk, Cam∣bridge, Huntendon, Northampton, and Lincolne, bearing date at West∣minster the xi ^th. of Iuly, in the second year of his reign, encouraged their pro∣ceedings therein; expressing his readi∣ness to allow a part of his own Lands,

to be so recovered, towards the charge of the work, in like proportion, that o∣ther of his subjects should do; and signi∣fied to them, that he had appointed one Henry Totnall, and Iohn Hunt, respec∣tively, to take view of the said Fenns; and to treat and contract with as many Lords and Commoners, as they might, touching the premisses; desiring, like∣wise, the said Commissioners to be aid∣ing to the said Henry Totnall, and I. Hunt therein.

The limits † of the Commission for the gene∣ral Drayning, attempted A•• 1605.

The grounds lying between and with∣in any the limits within the Isle of Ely and Country of Marshland; and with∣in all the grounds every way between the said Isle and the River of Ouse; and between the Countrey of Marshland and the same River of Ouse, and the Upland grounds of Norff. Suff. Cambr. and Huntingdon; and be∣tween all the grounds between the Isle of Ely and the Upland grounds of Huntingdon & Northampton shires: and within all the grounds aswell of the Washes in Lincolnshire, as those be∣tween the same washes, the Isle of Ely, South ea bank, great Porsant bank and the River of Welland; and with∣in all the grounds between the said River of Welland, great Porsant bank, South Ea bank, and the Up∣land grounds in the Counties of North. and Linc.; and within all the grounds between the River of Welland and the River of Glen, or in the borders and confines of the same.

The particular limits.

From the Corner of Edw. Skypwith's bank, next to Creek lode, by the River of Ouse; and so by that Bank to Maid lode, alias Shiplode; and by a Bank on the North side of the said Lode to Calsey-dike, and so through a part of Upwell to Lakebridg; and from thence by Bishop's dike to Fryday brigge; and so Elme leame to Maryes dam, and to Tiln••y hyrne; and from thence to Hob's house, alias Bensted hyrne, to Guy hyrne; and from thence to Clowes Crosse, and so by South Ea bank, and through Crouland, to the fur∣ther end thereof, towards White house; & from thence by a new Bank or Banks, (as intended to be made) to the Upland neer Peykirke in Com. Northt. From thence by the utmost ring of the Fenns or low ground to the Upland, subject to surrounding in the said Counties of Northt. and Hunt. to Erith; and from thence by Over fen Bank to O∣ver hive; and from thence by the ut∣most ring of the Fens or low grounds towards the Upland subject to sur∣rounding in the said County of Cam∣bridge, to a Causey leading from Wa∣ter beche to Clay hive Ferrey; and from thence to the utmost ring of the Fenns or low grounds towards the Up∣land, subject to surrounding in the said County of Cambridge, unto Upwere; and thence by the utmost ring of the Fens or low grounds towards the Up∣land, subject to surrounding in the said Counties of Cambridge, Suff. and Norff. to Stoke Causey; and by it and the utmost ring of the Fenns and low grounds towards the lands subject to surrounding, in the said County of Norff. to another Bank of the said Edm. Skipwith's by Stoke River, and by the said Bank of Helgay Causey; and from thence by the utmost ring of the Fenns or low grounds towards the Upland of Helgay and Sotherey, subject to sur∣rounding, unto Sotherey Calsey; and by it to the River of Ouse at So∣therey ferrey; and from thence by the said River of Ouse to the said Corner of the said Mr Edw. Skipwith's Bank.

In order therefore to this great work, direction was given to one M^r. Richard Atkins of Outwelle (a person whose observations in these fenny grounds were very notable) to make search with an Augar of xi. foot long, on the skirts of the New Leame, from Guy hirne to Stanground stafe, to find the soil there of at eight foot deep: whereupon he began so to do on the second of April, and found the first place on the North side 2, 3, 4, and 5. all Moor. 6. At mile and half Tree, Moor: 7 8. All Moor.

9. In the Leame, Moor: 10. On the North side Moor: In Knarlake

Moor at eleven foot deep. 12. On the South side against Knarlake all Moor.

13. In the Leame, Moor. 14. On the North side all Moor to 8. foot.

15. In the Leame Moor 9. foot deep.

16. By Lords dikes end, black Moor mixt with earth.

17. In the Leame the like. 18. On the North side the like.

19. On the South side Lipny holt, against the Hill, mixt Earth.

20. Westward a furlong, black Moor mixt. 21. The like. 22.

23. Against Easttree, mixt Moor.

24. Nigh Cotes, Moor on both sides.

25. Against Cotes, all Moor: A∣bove Cotes on the North, Moor, by Basually hill.

26. At Stonhil doles, Moor. 27. A∣gainst Calves Croft South, Bassa gravel North, Moor.

28. Between the Leame and the Lake against the Mills, Moor.

29. Between Great Hill and Stone hill gravell, Moor, mixt.

30. Between Stone hill gravell and Eastlong Lotts, all Clay aloft, and gra∣vell at 2. foot. 8. inches.

31. More Westwards in the River, Gravel and silt at 4 foot.

32. On the North side; At North Ee gravell the like.

33. At North Long-lotts all Clay aloft.

34.

35. By Bradley fen, Clay and mixt Earth aloft, about 3 foot.

36. By Bradley fen to the Leames end, such like above, but rank Moor all the way under.

The Searches made from Erith bridge to Plawlis were.

At Erith bridg, within Lx pole of the Bridg, at the first Ham, there, at 2 foot, and 2 foot and a half, Clay: But after, under the same, at 8 and 9 and 10 foot and upwards, is all red Moor; and so from thence all the way over Sutton fen, By Ee fen, Many fen, and Westmore to Wellney turf ground, all red Moor. And likewise to Cotehirne nigh Franks dike end; So till within Lx Rods; where, at ••ive foot it is mixt silt, and at the water side Clay. The like for 60 to 80 Rods over Welln Ee green, and after right over to Mayd lode, at the head of Mr. Skipwiths ground all vile Moor by the whole Tract.

After this, viz. upon the 22 of A∣pril next following, the Lords of the Kings Majesties most honourable Pri∣vy Council, by their Letters b to the before-specified Commissioners, desi∣red them to endeavour to satisfie all such persons, as having no respect to the general good, which was like to come to this Drayning, should oppose it, or use means to others so to do; or otherwise to enjoyn them to attend the said Council. And whereas some of the Commissioners, intending the ad∣vantage to some particular parts of the Country, doubting the success of the general work, had made an Order touching that of Clows Crosse only; the said Lords by this Letter did com∣mand them not to proceed therein, till it should be discerned what success the general undertaking would have.

Upon receipt of which Letters, the said Commissioners, meeting at Hun∣tendon, the xix ^th. of May ensuing, made this return c to that honourable Board; viz. that after long debate, and all ob∣jections heard; they concluded (with one consent) that this work of Drayn∣ing was fesible, and without any perill to any Haven or County: and not only so, but that they did reckon it the most noble work for the said Lords to fur∣ther, and most beneficial to the Coun∣tries interessed, to have good by, that ever was taken in hand of that kind in those dayes; referring more particular relations concerning it to the before-mentioned M^r. Hunt and M^r. Totnall•• the Bearers of those Letters. The Commissioners names subscribed there∣to being there; viz.

• ...Oliver Cromwell.
• ...Robert Bevyll.
• ...Iohn Cutts.
• ...Iohn Cotton.
• ...Robert Wingfield.
• ...Robert Cotton.
• ...Simeon Steward.
• ...Richard Coxe.
• ...Henry Spelman.
• ...Anthony Forest.
• ...Thomas Lambert.
• ...Robert Cromwell.
• ...Anthony Ireby.
• ...Thomas Ogle.
• ...Christopher Hudson.
• ...William Styrmyn.
• ...Iohn Fyncham.
• ...William Marshall.

Whereupon there was a particular view d of the whole Level, begun on the xxi ^th. of Iune next following, by Sir Robert Bevill, Sir Robert Wingfield, Sir Iohn Gamlyn, Sir Richard Coxe, and Sir Anthony Forest Knights, Christopher Hod∣son, and Matthew Robinson Esquires; and thus certified, as followeth.

First we repaired to the out-fall, to the Sea, at the meeting of the two Ri∣vers of Weland and Glen; where we found the said out-fall reasonable good.

Thence to Cowhyrne and Pike∣bridg, and so to Spalding bridg; in all which passage we found the River very defective in bredth and depth; and from Cowhyrn to Spalding bridge a great Bank lying on either side the River.

From Spalding bridg to Willow row end, by Cubbet and Peakell, to White house, the River all along be∣ing defective as abovesaid; having a great elbow, by Cubbet and Peakell, which much hindreth its course to the out-fall.

From White house to Crowland, and by the Cross in the Ea to Wal∣dram Hall, the like defects of bredth and depth appearing, as afore-said.

From Peterborough bridg to the Old Ea and Catts-water, which anti∣ent Sewer is so grown up with earth and weeds, as that it serveth neither for pas∣sage with Boats, nor Drayning, and so hath been of long time; which ought and had wont to be for the ordinary passage to and from Spalding and other places in Holland, to Peter∣burrow.

Thence to Stanground steafe, where we found the River sufficient for bredth and depth. Thence to Guy hirne, in all which passage we found wonderfull defects in bredth and depth.

From thence to Wisbeche, and so to the Sea; in all which passage we found the like defects.

From thence by Elme River to Fry∣daybridge, and so by Bishops dike to Lakebridge; thence to Shrewes-nest by Welle River, where we took Boat, perceiving at Shrewes-nest that the Riv••r of Nene, which cometh from the Mares, hath but six miles to Sal∣ters lode to pass by Welle; but by reason of the quarring of the said Cha∣nel, a great part thereof runneth from Shrewes-nest to Salters lode by Wel∣leney, Litleport Chair, and Sothe∣rey ferrey &c. which is 28 miles; and that the River through Welle cannot be conveniently amended: To reme∣dy which, M^r. Hunt desired, that a new River of 80 foot wide and 8 foot deep be made from Marche River, at the Ham, cross Marmound &c. through Netemore, to fall into Welle River, neer London lode.

Between Shrewesnest and For∣weare, we found a place called the Ham, not above two foot deep.

About 4 miles from Shrewes nest, is Elme leame, which is a Sewer going from Marche River to Fryday bridge, through Elme River to Wisbeche; which Sewer is landed up. Thence we came to March leame (about a mile and half short of March bridge) which is much decayed, to the great hindrance of navigation from S^t. Ives to Wis∣beche, and for the Drayning of all the grounds betwixt Chateriz ferrey, and March River. And at March bridge, on either side, we found divers Gra∣vels, which do stop the course of the River.

Thence to Great-Crosse (3 miles above March bridg) and so through Ramsey, Ugge, and Witlesey meres. Thence to Farset bridg, about xvij. foot broad. Thence &c. to Peter∣borow.

From Peterborow to Yaxley lode. Thence to Ramsey lode, along the skirt of the Upland. Thence to Erith brigg, where M^r. Hunt disireth a new River, from the first corner of the West water (beneath the said Bridg) to be∣gin in Midlemore Fen, neer to the Se∣verals, and so to go, line right, unto Wellenhey-River, nigh Sprall were, and thence, line right, to the fall into Ouse at the end of Mayde lode, or at some apt place between that and Sal∣ters lode: which River or Rivers to contain in bredth 120 foot and in depth 8 foot: And for preservation of the Navigation to and from S^t. Ives to Cambridge, and Linne, as also to Wisbeche, he thinks it necessary that

divers other Sluses be made; viz. one in the Ouse neer the Hermitage; one in the West water neer to the new Ri∣ver, to stop the water from running to Benwick, and for Navigation; drayning of Huntingdon fen grounds, between it and the Upland grounds, and other necessary uses; and so many Sluses at the ends, as the said River shall be divi∣ded into parts, which he thinketh to make into 3 Rivers of xl. foot a piece.

Thence we came to Over, Aldrich-Causey, Haddenham, Grunty fen, and so to Ely. In Ely town we observed, that the water was but 14 Inches deep, and upon the Hards 18 Inches, and in some places 2 foot.

Thence we passed by water to So∣therey, and Prick-willow, where Mil∣denhall River falleth into Ouse: And between Ely and Littleport Chair, we observed; that the said River of Ouse was so crooked, that the making a new River from Erith bridg, through Sut∣ton, Beryall and Westmore fens, to Wellenhey River, and thence through certain Fenns of Norfolk, into the Ouse, about Mayd lode, would be most ne∣cessary, and that without so doing the Fenns could never be drayned.

Thence we went to Rebbech, where Brandon River (alias Ouse par∣va) falleth into Ouse, neer Preist houses.

Thence to Sotherey and Modney. Thence to Helgay bridge. Thence to Fordham. Thence to Salters lode, where Nene falleth into Ouse; which is a very great descent, viz. ten foot from the soil of the Fenns, to the low water mark, (besides the natural de∣scent of the Fen-grounds, from the Up∣lands of Huntingdon-shire thither.) Thence to Wisbeche.

Thence to Tower house, and so to Hobbs house; where we observed that Plantwater (which cometh out of Nene at great Crosse to the said Hobbs house) with Staven Ea (which were wont to run to Tower house, and so to Wisbeche) do now run from Hobbs house, by Hunster stones, through Hobbs dike, into March River.

Thence we went to Marche and Dodington: and between Doding∣ton and Chateriz there is a small lode Besselinges lode, which runneth through a low Marish Fenn.

Thence to Chateriz Towns end; where there is a Sewer called Chate∣riz leame, growing from the West-water at Chateriz Ferry unto Doding∣ton weeles.

Thence to Mephall, and there saw Mephall lode, which runneth from Sutton lode. Thence, by water, to Cambridge.

In which passage we took notice, that Harrymere gravell was a great means of the overflowing of Grant. As also of Burwell lode, Swaffham lode, and Botesham lode, all which do fall into Grant.

Upon this view M^r. Hunt (who was the Artist for the Drayning) represen∣ted e to the said Commissioners what Cuts, Banks, Sluses, Clows &c. would be in his judgment farther necessary in order to the perfecting this work; all which they signified under their hands to the Lords of the Council, together with their opinions how much it would tend to the honor and inriching of the Kingdome; but declined, in re∣gard of shortness of time, to give any estimate of the charge thereof, or upon what conditions it would be meet to take it in hand.

And upon the xxiiii ^th. day of the same Month, the King himself, by his Letters f bearing date at Grenewich, taking notice of theirs to the Lords of his Councill (as aforesaid) incited them, to fall in hand speedily with the work; and the rather, because that was a dry Summer, and so the more proper for it: intimating also, that for the better expediting thereof, he had imployed his Chief Justice (Popham) to take pains therein.

Whereupon such good speed was made, that upon the xiii ^th. of the next Month, this following certificate was delivered in to the said Commissioners, then sitting at Wisebeche.

gThe true content or number of Acres in the Fenns described in the general Plot, lying without the Fen-dikes, as it was delivered by William Hayward Gent. Surveyor, upon his Oath at Wisbeche 13 Iuly 1605.

Acres.

BUrrough-soke great Fen, with some severals by Catts-water

8015

Burrough little Fen.

900

Croyland Fenns, in three pieces

2000

Certain several Fens and wet Meadows, lying in Ely, between Borrough- Little fen, Borrough great Fen, and Catts water

763

Thorney grounds, containing in all 15850, whereof in hard land 400 Acres; in Fenn

15450

UUisbeche Hundred high Fen, with Sutton Fen and Throkenholt severals

8365

Ladwers, Ixwell-moore, the Rivers &c. and other severals betwen Cold∣ham bank, Bishop's dike, the division of March, UUelney-River, and Darcey-lode

0740

UUittlesey and Stanground Common Fenns, with divers severals and half severals between the old Ea and Thorney bounds, the division of UUisbeche high Fenns and Dodington fenns; and from that division by the High stream and Ramsey-mere to Knuts delph, and by that Delph up to Horsey brigg (in which bound Ramsey hath a part of a Fen, next to Ramsey mere) containing 2800 Acres

24435

Other Fens between the said Delph, the high stream, Ubmere, UUittlesey mere, and so by Conquest lode to Pocket-holme, and the high Land

7390

Certain Fens in Huntingdonshire, between the high land skirts, and Ram∣sey-Hards, and Mere; and the said high stream and Conquest lode

13455

Other Fenns of Huntindonshire, lying between Ramsey Mere, the high stream to Benwick, the West-water to Erith brigge, and the skirts of the high land, between the said Bridg and Ramsey Hards

13340

The Fenns of Dodington cum membris, Common and several

32000

Hony Fens, in all 370. viz. Hard land 90. Fen

280

Chateryz Fens, together with certain Fens of Sutton and Byall fen, with some severals lying between the bounds of Dodington and Hony, the West-water, Sutton lode, and Oxwillow lode

20700

Sutton Fens on the South of Sutton lode, between the West-water, Had∣denham fens, and the Hardes of Haddenham, Sutton, and Mephall

2910

Haddenham fens, between the former Fens, the River of Ouse, Wilber∣ton fens, and Haddenham hards

3870

Willingham fens, on the South of the Ouse, on the West of Aldrey-Cau∣sey, besides Hempsall on the East thereof

2920

Wilberton Fens, with part of other Fens between the Ouse and Hard land, to Ely bridge

2790

Grunty-fen, encompasseth with the high lands

1694

A Fen more North, between Sutton lode, by Coveney and the hard land of divers Towns compassing it

3780

Downham Wodfen, and other Fens between the Fens of Litle port, the Ouse, and Ely hard-lands, to the Town

2440

The Fens of Littleport on both sides of the Ouse, Common and several

12660

Westmore, South of Darcey-lode, and West of Welney River, together with divers severals

15360

Certain Fen grounds, Common and several, between Welney River, and the Causey dike in Upwell

1105

Certain Fens, Common and several, between Welney River, Maid lode, the Ouse and Litleport grounds

8600

Part of Wisbeche high Fen, lying in Waltersey, with divers severals

4320

Marshland-fen, and many other grounds between Maid lode and Spal∣ding River, the Fen banks, and Sea banks, which will be made dry by the general drayning

4220

Acres.

The Fens between Helgay brigg and Stoke brigg, by the River on the South-east; the high lands of Stoke, Wretton, Wereham, D••reham and Wroxham on the North; and the grounds of Edmund Skipwith Gent. on the West

2900

The Fens between the high grounds of Hocwold, Wilton, Feltwell, Methwold and Northwold high lands, on the East; Soke River on the North; the imbanked grounds of Helgay, Modney, Sot••erey, and in part the River of Ouse on the West, and Brandon River, from Preist houses to Brandon brigg

23290

The Fens between Brandon River, on the North the River of Ouse, in part; and Whelpmore and Burt fen on the West; Mildenhall high land and River on the South; and the high lands from Mildenhall to Brandon

22120

Between Mildenhall River, on the North east Ouse, from Prickwillow to Ely brigg on the North West Stuntney and Soham Causey, the high ground of Stuntney, Noruey, Soham, Isleham and Worlington on the South, and East, contain

11780

Between the said Causey and the high lands of Stuntney, on the North Ouse and Grant, from Ely brigg by Up-were on the West, Wickynhie grounds on the South, and of Soham East

4297

The Fens and low grounds between Grant from Upwere to Clay hithe and Horningsey high grounds, on the West the way from Quoy to Eam∣bridge, and Quoy and Bottesham high grounds on the South•• the two Swafhams, Reach, Burwell, Lanward and Fordham, on the East; and of Soham and Wickin North

11950

The Fens between the high grounds of Teversham and Hinton West; of Fulburne South; of great and little Wilbram East; of Bottesham and Quoy, North

1240

Between Grant from Harrymere to Ditton, on the East of Ouse; from Harrymere to Aldrich bridg on the North; Hempsall, Yram and the high grounds of Rampton, West; and the high grounds of Cottenham and Denney Abby South

9480

Hempsall and Ireham, East of Aldrich Causey

823

The low grounds from S^t. Ives to Erith bridge on the South; the Fens of Willingham and Over on the East; the high grounds of Swasey, Drayton, and Stanton on the South, and the high grounds of S^t. Ives West

3529

The low grounds below S^t. Ives, on the North side of Ouse, between the said River on the South and East, and the high land of Bluntesham, Hally∣well and S^t. Ives on the North and West

1871

The total sum 307242 Acres.

Whereupon the said Commissio∣ners sitting h at Wisebeche aforesaid, upon the day and year aforesaid (the Lord Chief-Justice Popham being then and there present) made certain Laws i and Ordinances, the extract whereof is, as followeth.

Ordered, first, that Sir Iohn Popham Knight Lord Chief Justice of Eng∣land, Sir Thomas Fleming Knight Chief Baron of the Exchequer, Sir William Rumney Knight Alderman of London, and Iohn Eldred Citizen and Cloth-worker of London, their heirs and as∣signs, shall within the space of 7 years, next coming, at their own proper costs and charges, drayn all the Fens and sur∣rounded grounds, between the old course of the River of Ouse as it now runneth from Erith bridg to Salters lode, and Deping; and within the land Eas hereafter mentioned: And convey the said River of Ouse, or the greatest part thereof, from some place at or neer Erith bridg aforesaid, unto such place between Salters lode and Mayden lode, as the

said Undertakers &c. shall think meet.

Which conveyance to be made be∣tween the bottom of the two uttermost Banks 30 pole at the least, and the Ri∣vers to be 30 foot wide and 8 foot deep: And the same utmost Banks, to be each of them 30 foot wide at the bottome, and 7 foot in height at the least; and if that height will not do, to carry away the water &c. then to raise them higher.

That the like passage be made at the entrance of the Fens neer Peterbo∣rough, for the conveyance of the River Nene from thence to Wis∣beche.

And so likewise for the River of Weland, from its entrance into the Fens at Waldram Hall, untill it meet with Glen.

That Land-Eas from Erith to Stanground, and thence to Wal∣dram hall be made, to defend the grounds within them, and between the said new passage of Ouse and We∣land from the Land flouds falling from the Upland-Countreys: which Land eas to be from the utmost part of the Fence dike 6 pole at least.

That a drayn be made from Salters lode unto the Ham in March River, to carry away the water which shall fall into the same Land eas &c.

That a new Bank be made from Erith bridg to Ely, to defend the grounds between that and the same new passages from the overflowing of Ouse: As also other necessary Sluses and Drayns, within the precincts be∣fore-mentioned, with Bridges &c. for passage &c.

That the Undertakers shall have such sums of money as the Commissioners at their Session shall think fit, from those persons who shall take benefit by this drayning, and not contribute part of their Lands towards the charge thereof.

That the Undertakers shall allow for the drayn at Clows Crosse in ease of this charge to the Coun∣trey.

That a Navigable Sluse be made at Salters lode. And that Well-Creeke shall be inlarged and diked to London lode; and thence through Neatmore to Wadingstowe; and thence over the River of Wellenhee, as directly as may be, unto or above the Ham in March River. And a Sluse, with a bridg to be made at Wa∣dingstow, to keep so much of the River Neene, as shall be needfull, in its old course through both the Towns of Welle.

In recompence of which perfor∣mance, the said Undertakers to have one hundred and thirty thousand A∣cres, of statute measure, of Fen grounds (at fivescore to the hundred) to be ta∣ken out of the worst sort of every par∣ticular Fen proportionably, by the Commissioners, before the Feast of the Annunciation of our Lady next coming, the whole number of surroun∣ded Acres being 307242.

And that the Undertakers, their heirs &c. shall enjoy all the said waters, Fish∣ings and Banks, of and within the Ri∣vers, with the Indikes, and Land-Eas; and liberty to take sufficient menure for the repairing of the said Banks &c. which Rivers, Banks, Indikes &c. to be accounted parcell of the said 130000 Acres so assigned to them.

And that the said Undertakers shall make good all drowned parcells out of their own proportions, or in value, in case the drayning be not made perfect to the Land-owners.

Of which quick dispatch his Majesty being advertised, he wrote to them, a∣gain, from Theobalds, upon the xxiii ^th. of the same Month of Iuly: by which Letters k he commended their endea∣vours in the work, and progress made therein: and, taking notice of some opposition, which had been made by certain people thereto, not knowing out of what spirit it proceeded, desired them to take special care to suppress the spreading of all false rumours, that might give distast to the Countrey, touching their proceedings therein, and with those who were then imployed by his Majesty in that service, as also to examine the grounds of all such rumors, and to punish the Offenders; giving advertisement to his Majesty and the Councel of any mutinous speeches, which might be raised concerning this business, so generally intended for the publick good.

Shortly after this, viz. upon Monday, Aug. 5^th. M^r. Hunt, Ric. Atkyns and others, laid l out the ground where the River, through Neatmore should go, by a straight line to Mumbes dikes end: but misliking the way, on Tuesday they veiwed New ditch; and in the North∣east end thereof, by the Pow dich, laid out the Ditch, to be led, line-right, from thence to the Cross at Up∣well Towns end.

And upon m Wednesday, about 8 of the Clock, the work began, in the presence of Mr. Hunt (who cast the first spit the wrong way) Mr. Helon, Mr. Tot∣nall, Mr. Hamon, Mr. Iohn Fyncham, Mr. Richard Atkyns, and others. And was prosecuted so well, as that upon † the xxi ^th. of December following (be∣ing the Feast day of S. Thomas the Apo∣stle) the Bank at the Cross at Upwell towns end was opened, and the River suffred to run; as also a Bridge present∣ly laid over. But on the xv ^th. of March next ensuing, there hapned so great a storm, that it brake the Banks of this new River, and drowned Neatmore, with the severals adjoining: So that on the xxi. of the same Month of March, they were constrained to stop the River at Upwell Towns end, again.

Not long after this, there was a Pe∣tition exhibited to the King, by the Inhabitants of divers fen-towns with∣out the Ile of Ely, in the Counties of Suff. and Cambridg; humbly desi∣ring, that whereas a most laudable work of drayning the Fens &c. was then re∣commended to the high Court of Par∣liament, and that divers Towns lying on the skirts of those Fens would have no benefit thereby, in regard their lands were very seldome surrounded; they therefore might be excluded out of the intended Act of Parliament, whereby a proportion of the said Fen grounds was to be allowed to the un∣dertakers in the drayning, for the sup∣porting of their charge therein.

Whereupon the Lords of the Coun∣cel, by their Letters o dated at White-Hall upon the xxxi. of August, in the fourth year of the said K. Iames his Reign, reciting what had been signified formerly by them as to the fecibleness of the before-specified Drayning, and that the Lord Chief Justice (Popham) was present at the Session of Sewers held at Cambridge, and gave notice to the Country that his Majesties pleasure was so far to further the same, as to men of understanding might appear to be to the general good of his people; as also that there was a Law then made for the said Drayning: And more∣over, that at another Session held at Wysbeche, order was taken for the drawing of a Law to be presented to the Parliament for confirmation there∣of: But that some persons, not well understanding the state of the cause, complained to his Majesty of great los∣ses and hindrances which they were like to sustain in case the said Act should proceed; and therefore desired the said Commissioners to examine the true Causes of those Complaints; and to represent to them the true state of the Fens, with the difference between the last years profit and that present year.

In answer whereunto the said Com∣missioners made this return p to the said Lords of the Councel; viz. that they did meet at Cambridge on the 22. of October 1606. for the Exami∣nation of the Petition formerly mentio∣ned; and that they found few reasons to fortify it, but such as were or might be provided for in the intended Bill; all persons with whom they had treat∣ed having acknowledged, that the want of drayning was an inestimable hurt to those Fenny Countries: And that whereas an objection had been made of much prejudice that might redound to the poor by such drayning, they had information by persons of good credit, that in several places of recovered grounds, within the Isle of Ely &c. such as before that time had lived upon Almes, having no help but by fish∣ing and fowling, and such poor means out of the Common Fens, while they lay drowned, were since come to good and supportable Estates.

The Chief Contents q of the Bill handled in Parliament, Anno 4. Regis Jacobi, touching this general Drayning.

The limitation of time allowed to Sir Iohn Popam Knight (Lord Chief Justice) and the rest of the Adventu∣rers, for accomplishing the work, was to be ten years after the end of that Session of Parliament.

The particular Cutts and Drayns &c. to be made by the Undertakers, were as fol∣loweth.

1. A New River, with a Bank and In-dike, from the Upland, neer Peykirke, between Weland and Bur∣row Bank, unto or neer Heddike Cor∣ner; and thence to Crouland water head, and there to place a Sluse; and so to great Porsand Bank, with a Dam over the River to the said Bank, to keep in Weland from overflowing.

2. To amend the Leame from Pe∣terborough to Guyhirne; and to cut a new River and Bank on either side of the said Leame, with Indikes for pre∣serving of the Banks; the North Bank to begin from Burrow little Fen Bank; where six of the Commissioners shall think fit.

3. To enlarge the River from Guy hirne to Wisebeche, and so to the four Gotes.

4. To make a sufficient passage for the River of Ouse, from Erith to Sal∣ters lode, either by enlarging its Cha∣nel, or embanking &c. And to make two new Rivers to begin about Erith brigg, and so to go by Sprall's were, to Mayd lode; and so through Den∣ver fen into Ouse, about Denver hithe, with sufficient Banks and Indikes &c. and Sluses at the upper end of the new Rivers and West water, in such sort as the Navigation in old Ouse and Grant may not be im∣paired.

5. To imbank in all needfull places, Grant, Mildenhall, Brandon and Stoke Rivers; viz. Grant from a Corner below Clayhithe ferrey, Mil∣denhall, and Brandon Rivers, from their entrance into the Fens, or from some other more convenient places. And Stoke River, from Stoke Causey; unto the places where they fall into Ouse; and to enlarge them where need is, with Banks and Indikes &c. as six of the Commissioners should think fit.

6. And to make new Rivers, Banks, Indikes &c. where need is &c. yielding to the owners of the Lands, such re∣compence, as any six of the said Com∣missioners should think meet. As also Bridges, passages, Sluses, and Land Eas.

7. That they may take in water to maintain fishing, so as the same be kept within Banks, and be not hurtfull to the adjoyning Fens.

8. To make Ferryes and Ferrey hou∣ses where need is.

9. That for this performance the Undertakers &c. to have in severalty 112000. Acres, Statute measure, by the small hundred, by assignation of the Commissioners.

10. That where there is sufficient waste to answer the Undertakers, and leave sufficient for the Commoners, the Land owners not to be impeached in their severals.

11. That the Commissioners do respect both quantity and quality in their opportioning.

12. That such opportioning be made before Michaellmass A. 1007. if they may.

13. That of Waltersey the Under∣takers to have 2. full parts of 3. to be set out, as aforesaid.

14. That the Undertakers shall have the soil, waters, and fishing of all the new Rivers, so to be made, with the Banks, Indikes &c.

15. That they shall begin to take their profits, as they finish their drayn∣ings.

16. That if any of the grounds shall be again overflowen, recompence to be made to the parties damnified, out of the 112000. Acres, to be assessed by any six Justices of the Peace (whereof 2. of the Quorum) where such surround∣ing shall happen.

17. That all grounds adjoyning to these Fens, which are bettered by the Drayning, shall contribute towards the charge of the Undertakers, as any six or more of the Commissioners shall think meet.

18. That all Mannors, Wastes, and Common shall have metes and boun∣daries set to them by the said Commis∣sioners, where the bounds are known; and so likewise where they are not known, to do the like; which bounda∣ryes shall stand good for ever. And that if the Commissioners cannot agree; the difference to be certifyed to the Lord Chancellour, or Lord Keeper for the time being; who with the assistance of certain Judges of both Benches, to determine it. And that within 3. years after such determination, the Owners and Commoners to make di∣vision Dikes, in bredth and depth as shall be thought fit by their Lords and the Homage.

19. That the Commons shall be stinted by the Lords and greatest part of the Freeholders, and Copyholders Commoners, with the allowance and consent of the Judge of the Isle, or one of the Justices of Assize of the County.

20. That the Cottagers upon the Lords waste, not having right of Com∣mon, because they have been suffred to take benefit of the wastes, shall be pro∣vided for by the Lords and Homage in every Mannour, in the said wastes, as the Lords and Homage shall think fit.

21. That of the 112000. Acres be∣longing to the Undertakers, no more then 4^d. an Acre to be paid for the Tithe thereof for ever, yearly.

21. That after the said Drayning, there shall be a Corporation, or body politick of xxx. known discreet and sufficient persons, by the name of the Governours of the Fens within the Isle of Ely &c. to purchase &c. Lands, to sue and to be sued by that name; the first of these to be Martin ••ishop of Ely, Sir Anthony Mildmay, Sir Iohn Peyton, Governor of Gern••ey; Si•• Oliver Crumwell, Sir Ro∣bert Bevyll, Sir Edw. Coke Attorney Ge∣neral, Sir Iohn Cutts, Sir Iohn Heigham, Sir Rob. Wingfield, ••ir Rob. Cotton, Sir Edw. Apsley, Sir Henry Warner, Sir Miles Sandys, Sir Simeon Steward, Sir Thomas Lambert, Sir William Rumney Knights; Humfrey Tindall Dean of Ely, Anthony Irby, Tho. War, Thomas Rawly••s, and Henry Totnall Esquires; Iohn Eldred, Roger O••field of London Merchants, Iohn Fyncham, and Iohn Hunt Gentlemen: And when these dy new to be chosen, by the most voices, out of such Lords or Undertakers as shall have 1000. Acres at the least of lands assigned to them.

21. And that the Governours for ever shall have assured to them 112000 Acres, statute measure, which they may keep for ever, and the profits to be imployed for the perpetual mainte∣nance of the drayning, and satisfaction for drowning, as before, so far as it will suffice; and when it will not suf∣fice, the Governours then to lay a Tax of all the rest, to do it withall.

22. And that the said Governours may make Laws for the maintenance of the drayning and levying such Taxes, in cases aforesaid, and put them in exe∣cution, being ratified by the Lord Chancelour, Lord Keeper, or the Lord Tresurer and the two Chief Justice•• or any three of them, whereof the Lord Keeper, or Tresurer to be one. And the Governours to let the lands to them appointed, to the best value, so as they exceed not the term of seven years.

An. 4^o. Iacobi Regis Cap. 13. Observations out of the Act for Drayning of certain Fens &c. within the Ile of Ely, containing about 6000. Acres, and compassed with a Bank called the Ring of Waldersey and Cold∣ham.

THat Francis Tindall Esquire, Hen∣ry Farre, and Iohn Cooper Gent•• having undertaken to endeavour the drayning &c. shall have power, for the space of 7 years ensuing the end of that present Session of Parliament, to effect the same; the lands so intended to be drayned, lying within the Bank begin∣ning at Kekys mill, and thence extend∣ing by Tower house and Hobbes house to Tylney hirne; so by Ma∣ryes dam and Elme leame to Fryday bridge; and thence by Redmore dike, Begdale, and Goldike to Kekys mill again. And that for the doing thereof they may have power to make new, or repair, as need is, all Drains, Lodes, Banks &c. and Sluces, as they shall

think fit, not being in Marshland, with••in the old Pow dike, giving such satis∣faction to the owners, as by any six Commissioners of Sewers (whereof three inhabiting within the said Isle, and thr••e within the County of Norff.) shall be set down.

VVhich Undertakers &c. having ac∣complished the said Drayning, to have two parts, in three, of the lands so dray∣ned, to them and their heirs, to be set out by six of the said Commissioners at the least, wh••r••of four inhabiting with∣in the said Isle: which two parts to be holden of the chief Lord of the Fee &c. in free and common So••age, and to be exempt from payment of any Tithes for 7 years, after the time limited for the said drayning.

But if the said grounds so undertaken &c. shall in de••ault of the said Under∣takers, be overflowed and so continue by the space of two months betwixt the Feast of S. Mich. the Archangel and the Annunciation of our Lady; or the space of one month betwixt the Feast of the Annunciation of our Lady and S. Michael, the owner by the view &c. of any six of the said Commissioners, to re-enter and to enjoy the same.

Things most observable, extracted by me W. D. out of the Verdict r of the Iurats, for the Hundred of Clakclose and Freebridge in Marshland, at a Ses∣sion of Sewers held at Ely 26 Iulii An. 1608. 6 Iacobi.

1 THat the River of Welle from Salters lode to North delf, and so upward, was then in great de∣cay in depth and bredth, for want of clensing &c.

2. So likewise the Sewer called Small lode, in Upwell, being stopt &c.

3. That the Sewer called London lode, lying in Upwell, ordained for the Drayning of the Fen cal∣led N••atmore, was a••••o in some decay.

4. That the Sewer called Maide lode (beginning at Welney water) ex∣tending to Shiplode and so to the River of Ouse, was imposed upon the Under∣takers to scour &c.

5. That the Sewer called New dich in Littleport, taking its head from Welney water, and extending to Crekelode, in Sothrey and Helgay, was then in decay &c.

6. That the Sluse at Crekelode end, next to the River of Ouse, being utterly decayed, to be new made, with a dore six foot broad, and 8 foot deep.

7. That there was a new Sewer in Upwell then lately begun, by the late Lord chief Justice Popham; which ta∣king its head out of the River of March, neer a place in Upwell called Newdich end; and extending in self through the Common of Upwell &c. to Wadyngstow, and so through Neat∣more, falleth into Welle River at North delph, is esteemed to be a per∣fect Drayn for the most part of the Isle of Ely, especially the whole Hundred of Wisbeche, and the Towns of Up∣well, March, Dodington, Wimling∣ton, Benwick, Chateriz, Whitlesey, Litleport, and other adjoyning places, even to the high Lands.

8. That the Common Sewer in So∣thery, called Stake lode, was then in great decay.

9. That the River of Wysse, from Helgay brigge to the River of Ouse, was then defective in bredth and depth; and to be amended.

The next year following, upon the 7^th day of Iune, in a Sessions of Sewers held at Ely, these following Laws were made, viz.

• 1. That the defects in Popham lode shall be amended.
• 2. That for the safeguard of the grounds in Welle, by which the said Lode must passe, there be on either side of the same a sufficient Crest made, extending from the Causey of Upwe••l to Welle river at North delph, and the said Crest, or Bank, to be six foot from the plain ground, and in bredth at the top six foot, and in thicknesse at the bottom xviii foot: And that the said River be scoured and cast two foot more in depth than it then was. With In∣dikes of x foot in bredth, and four in depth, and two convenient Pipes or Sluses at its fall at North delph into Welle River.
• 3. That a Bridge of stone be made at the head of the said River by the Cau∣sey

• aforesaid, over the said Lode, of x foot broad, with Sluses in the three Arches thereof.
• 4. That four pair of Barrs be set up to keep Cattel from coming on the said Banks.
• 5. And that Welle River from Mullycourt to Salters lode be made above 50 foot wide.

By virtue of which Law, the River called Popham lode was again taken in hand upon the first of August ensuing; and cast two foot deeper.

Soon after this, viz. on the xxiii of the same month, in a Session of Sewers t held at Ely, the Commissioners, taking into their consideration, that where∣as part of the main River, dividing the County of Huntendon from the Isle of Ely, called the West water, had used to fall by and through Sutton lode; and thence by sundry Lodes, to Cannol lode, and so into Welney water, neer Littleport; all which Lodes, by sundry annoyances and negligences, were be∣come almost altogether unprofitable to the Country &c. to the great damage of all the Towns lying on the South side of the said Isle, and sundry Towns in the Counties of Cambridge and Huntendon; they ordered and decreed, that all the said Lodes should be clen∣sed And also, that one antient Bank on the East side of the West water, exten∣ding from Erith to Sutton lode end, and so to Mydelmore stampe, should be raised four foot from the Level of the ground thereabouts, and made ten foot in bredth at the bottom, and 3 foot at the top, by the owners &c. ••f the said grounds.

And one other Bank, lying by the said Westwater upon Mydilmore; and a∣nother at the South thereof in South Medland, extending it self from New ditch &c. to be made of the height and bredth aforesaid, by the Inhabitants of Sutton abovesaid.

And that another Bank, lying partly by the said Westwater, extending from the ••outh end of Abbots Holload house bank to Holload gate, at the miles end, and so by the Westwater in North Medland, unto Sutton lodes end a∣foresaid; t••ence to Mydilmore stampe; thence by Shakpole lode, so to Manny Mandolegate, to Hunlode gate, to be repaired, as aforesaid, by the Inhabitants of Sutton, & Mepall abovementioned.

About that time twelvemonth, there was another Session of Sewers held at Wysebeche, viz. sexto Iulii, 8 Iaco∣bi, where Iames Hawe Gentleman, Ed∣mund Gawsell Gent. and others, presen∣ted u as followeth;

Inprimis, we find not by any Record &c. that the River of Well, from North delf pingle, unto Salters lode, hath at any time within the memory of man, been ditched: But we find that it hath been twice enlarged by the Inha∣bitants of Marshland, and the Town of Wiggenhall, and the Landholders of North delf pingle, viz. in the sixt year of K. Henry the 1. and at the erecting of New Powdich &c.

And we likewise find, that in 18 Eliz. there was 24 foot of ground, lying on the South side of the River next Salters lode, granted to the Inhabitāts of Marsh∣land & the Town of Wiggenhall; where∣of xii foot was digged next to the river, for the erecting of a Bank to amend the Pow dich in time of necessity: In full sa∣tisfaction whereof the said Inhabitants of Marshland and Wiggenhall, with the Landholders aforesaid, did grant to widen the River, there, xii foot: Which Grant was then decreed by a Law of Sewers, for perpetuity &c.

We likewise say, that Popham Ee, doth, and is likely to bring much more water to the River of Welle, from North delf to Salters lode, than hath usually passed that way, within the me∣mory of man.

Upon which Verdict ensued then and at that place these Orders made by Sir Iohn Peyton, Sir Miles Sandes, and other his Majesties Commissioners, viz.

That the ix ^th of August, next follow∣ing, a view should be taken by the said Commissioners, of the River be∣tween North delf and Salters lode; and upon the same view, a Law made, for the widening, diking, and making it of such widenesse and depth, as the said Commissioners should think fit; to be done at the charges of the Country of Marshland, the Town of Wigenhall,

and the Landholders of the hundred and odd Acres in Stowe; and the Landholders of North delf pingle: And that the said Landholders &c. shall be thereupon, free from any charge toward Popham Ee.

Upon this view, it was likewise a∣greed; that the River from North delf to Mathew Bales, and xl pole lower•• should be made xxx foot wide; which was done accordingly.

The next year following, at a Session of Sewers, held w at Stow brynke, in com. Noff. upon the xx of May, it was thus ordered by the Commissioners, that the Undertakers and their heirs should have power to drayn all the grounds mentioned in the Act of 4 Iac. (formerly mentioned) through the Pipe called Coldham gote, which lyeth un∣der the Bank of Elme leame; and so through a piece of ground, lying be∣tween the said Leame, and a Bank lea∣ding from Fryday bridge to Bishops dike; and so till it come over against a Dike between the lands in Oldfield and Needham: Thence betwixt the lands in Oldfield and Say's field on the one side, and Needham bank and Thorne∣dike on the other side; and so to Old lode, called Chapell lode; Thence through Greendike; Thence to the Bridge neer B••aupre Hall: Thence to Stonhamslile, and so to Boys fen gate: Thence unto Bedingfield Barrs, and so to Hook gate: and thence to Staple were at the Bank of Ouse.

This was called Coldham and Wal∣tersey Law. In pursuance x whereof the Dikers set upon the work, upon the Wednesday then next following.

And upon the second of August, the Ma••ons began y the Pipe under UUelle River, which was finished upon the Tuesday after Michaelmass day.

After which, within a few dayes (viz, on Fryday ensuing) the Masons began z the Sluse at Stow for Cold∣ham.

And upon Saturday, being the xxith of September, the Commissioners took a view, for Mr. Bell, in Stowe and UUelle, for the low grounds between Popham lode, and the new Pow∣dike.

All things therefore speeding on so well, upo•• Thursday following (it being the xxvi of September) in a Session b held at King's Linne, in the County of Norfolke, there was another Law of Sewers made, called Low fen, and UUalsingham fen Law, the tenor whereof is as followeth, viz.

Whereas there are about 1300 Acres of low grounds, lying together in the several Parishes of Upwell and Outwell in the County aforesaid, be∣tween Popham River on the South, and the Bank called Bardyke and Churchfield dike on the North, and Outwell Crest towards the East, which are preserved from overflowing by the said Crest, and by the Bank on the North side of Popham river aforesaid; which low grounds may be drayned &c. And that the repairing of the said Crest, and of the North Bank of Pop∣ham River will be a defence to the new Powdich, and a great preservation to the Countrey of Marshland.

And whereas the drayn from Plaw∣field, in Upwell, to Hodghyrne; and there falling into Rightforth lode, and thence, by a Sluse neer Stow bridge in∣to the River of Ouse, is very defective &c. which being repaired would be sufficient to drayn all those low grounds: We do ordain and decree &c. that it shall be lawfull ••or the Landholders and Commoners of and in the said low grounds &c. to drayn them through the said Sewer.

And we do farther ordain, that the said Sewer from the said Sluse to a place called West head shall be diked &c. ten foot broad in the bottom, at the least; and in depth proportionable &c. And from thence to UUelle river x foot broad, and 5 foot deep, and the greater part of the menure to be cast on the South side of the said Lode, from UUest head to the East end of Hodg hirne, for the making of a sufficient Crest to hold the waters within the brink thereof.

And that there shall be placed in the North end of Churchfield dike, in Outwell, a Sluse of Brick with a tunnel of two foot broad, and three foot high,

with a dore to be pulled up & shut &c. And from the said Sluse a Drayn or Sewer to be made under Churchfield dike on the East part thereof, to the North end of Champney-Corner: And from thence to continue the same Drayn, in an antient Dike, between Outwell Common on the North &c. to North delph.

Upon c Tuesday (being the 8^th of Oc∣tober following) in the night tide, the Dam made by Mr. Hunt for Coldham, a little below Stow bridge, broke up; and on Wednesday, being inwardly taken with a little light Moor, broke again: So likewise on Thursday, being taken with earth between Planks set end-wise, it brake again; and continued running till Sunday Oct. 13. At which place there assembled that day, Sir Raphe Hare and six other Commissioners; who laying the command of the work and order of it upon Mr. Richard Hunt; he, with the assistance of the Country, took it in hand, and made it firm before the re∣turn of the next Tide.

But as we see by how little was done in this and most of the precedent years, that the general Drayning went but slowly on, notwithstanding the King himself, as also the Lords of the Coun∣cil, and those Gentlemen who were constituted Commissioners for that pur∣pose, had so earnestly endeavoured the speeding thereof; so was there now such a stop, for the space of five years at the least, that there nothing appeareth of consequence to have been farther prosecuted therein, by reason of the op∣position which divers p••rverse spirited people made thereto, by bringing of turbulent sutes in Law, aswell against the said Commissioners, as those whom they imployed therein, and making of libellous Songs to disparage the work; of which kind I have here thought fit to insert one, called the Powtes Complaint.

COme Brethren of the water, and let us all assemble, To treat upon this matter, which makes us quake and tremble; For we shall rue it if't be true that Fenns be undertaken, And where we feed in Fen and Reed thei'le feed both Beef and Bacon.

Thei'l sow both Beans and Oats, where never man yet thought it, Where men did row in Boats ere Undertakers bought it: But Ceres thou behold us, let wilde Oats be their venture, Oh let the Frogs and miry Boggs destroy where they do enter.

Behold the great designe, which they do now determine, Will make our bodyes pine a prey to Crows and Vermine: For they do mean all Fenns to drain and waters overmaster, All will be drie, and we must dye 'cause Essex-Calves want pasture.

Away with Boates and Rodder, Farewell both Bootes and Skatches, No need of t'one nor t'other, men now make better matches; Stiltmakers all and Tanners shall complain of this disaster; For they will make each muddy Lake for Essex Calves a pasture.

The fethered Foules have wings, to fly to other Nations; But we have no such things to help our transportations; We must give place (oh grievous case) to horned Beasts and Cattell, Except that we can all agree to drive them out by Battell.

Wherefore let us intreat our antient water Nurses, To shew their power so great as t'help to drain their purses; And send us good old Captain Floud to lead us out to Battel, Then two-peny Jack, with Skakes on's back will drive out all the Cattel

This noble Captain yet was never known to fail us, But did the Conquest get of all that did assail us;

His furious rage none could asswage, but to the Worlds great wonder, He bears down banks and breaks their ranks and Whirly-giggs asunder.

God Eolus we do thee pray, that thou wilt not be wanting, Thou never saidst us nay, now listen to our canting: Do thou deride their hope and pride, that purpose our confusion; And send a blast, that they in haste may work no good conclusion.

Great Neptune (God of Seas) this work must needs provoke thee; They mean thee to disease, and with Fen-water Choake thee: But with thy Mace do thou deface and quite confound this matter, And send thy Sands to make dry lands when they shall want fresh water.

And eke we pray thee Moon, that thou wilt be propitious To see that nought be done to prosper the malitious; Though Summers heat hath wrought a feat, whereby themselves they flatter, Yet be so good as send a floud lest Essex Calves want water.

Upon great complaint therefore of these their doings, made to the Lords of the Council, I find this Order f made by them, bearing date at White Hall upon the 8^th. of November, in the xiiij ^th. year of the said King's Reign; viz.

That whereas sundry vexatious sutes had been brought against his Majesties Commissioners of Sewers and their Of∣ficers by divers obstinate persons, for executing the Orders &c. of the said Commission, to the great hazard of the inundation of many large Levells in the Counties of Northt. Hunt. Cambr. and Linc. That the said Lords, well weighing these undue proceedings, and the antient Laws of this Realm, evidenced from divers notable Records in the very point questioned; as also the continued practice of antient and latter times; and likewise the opinion in writing of the Lord Chief Justice Popham, upon the Questions touching the Authority and power of the said Commission; viz. first whether the said Commissioners have Authority to cause new Banks, Drayns•• or Sluces to be made, wh••re none have been before.

Secondly, whether they may lay a Tax upon any Hundred, Town or the Inhabitants thereof in general, and not impose it upon every particular man, according to the ••uantity of his land or Common. Thirdly, whether they may commit to prison such as disobey their Orders &c. and Fourthly, whe∣ther that Actions of false Imprison∣ment, Trespass, and other Proces at the Common law, have been brought against the Commissioners or their Officers for executing their Decrees, Orders &c.

Their Lordships finding in their wisdomes, that it can neither stand with Law nor Common sense, that in a case of so great consequence the Law can be void of providence, to restrain the Commissioners in making new works, aswell to stop the fury of the waters, as to repair the old, where ne∣cessity requireth it for the safety of the Countrey; or to raise a charge upon the Towns or Hundreds in general, which are interessed in the benefit or loss, with attending a particular adme∣surement of Acres, where the service is to be speedy &c.

Or that a Commission of so high consequence to the Common-wealth, and of so antient Jurisdiction, both be∣fore the Statute and since, should want means of coercion for obedience to their Orders &c. whereas upon the performance of them, the preservation of thousands of his Majesties Subjects, their lands, goods, and lives doth de∣pend: and plainly perceiving, that it will be a direct frustrating and over∣throw to the Authority of the said Commission, if the Commissioners &c. shall be subject to every sute at the pleasure of the Delinquent &c.

Their Lordships ordered, that the persons formerly committed by that

Board for their contempts concerning this cause, should stand committed, un∣till they release or discharge such their Actions &c. Saving nevertheless any complaint or sute for any oppression or grievance before the Court of Sewers, or before the said Council board, if they receive not Justice at the said Commissioners hands: And that Letters be written to the Commissioners to proceed in their several Commissi∣ons &c.

And in pursuance of this general work, the said Lords of his Majesties Council sitting at White Hall the ix ^th. of May, then next following, orderd; g

• 1. That a Sluse must necessarily be made at the out-fall of Wisbeche Ri∣ver into the Sea, at the charge aswell of the high-Countries as the low, to be rated by the Commissioners of Sewers.
• 2. That the River of Wisbeche, and all the branches of Nene and West∣water•• be clensed and made in bredth and depth as much as by antient Record it shall appear they have been; or where that cannot appear, at the dis∣cretion of the Commissioners.
• 3. That Weland be also scoured &c. from the out-fall to Waldram Hall, at the particular charge of the owners, and their Tenants: As also the River of South Ea, from Crouland to Guy hirne, by those that of right ought to do it; and that till that be done, Clows crosse drayn shall run.
• 4. And that things to be farther done therein be referred to a new Commission of Sewers, to be procured at the indifferent charge of the Coun∣tries therein mentioned.

After this; viz. upon the x ^th. of September, the ••ame year, in a Session of Sewers held at Wisebeche, before Francis Lord Russell, and other his Ma∣jesties Commissioners, it was (inter alia) ordered; h

That London lode should be dam'd up at Welle-Causey; and that Po∣pham Ea be made a perfect Sewer, with Banks on both sides, according to a former law, for height bredth and strength, and so continued for ever. And that so much charge, as the charge of the Banks on both sides of London lode, and of the lode it self, whereof they are dischardged, by this Order shall be imployed upon the making and maintaining of the Banks and Sewers of Popham Ea, the same to be rated by the Commissioners of Sewers.

And that the said Commissioners shall also consider what charge is to be imposed on those, who by the old law were chargable towards Small lode, and to allow the same upon Popham Ea, &c.

Whereupon Sir Henry Hobart Knight, then Lord Chief Justice of the Common Pleas, being then advised with, and likewise assisted by divers of the Commissioners of Sewers, de∣livered his opinion i touching this Drain called Smal lode, as follow∣eth; viz.

• 1. That it is an old forsaken Sewer, not known within the memory of man to have been in use, and so grown up, that the very tract thereof is not in ma∣ny places discernable; and that it is also uncertain whether the proper out-fall thereof should be towards the Ouse (as an exemplyed Law of 39. Eliz. appointeth it) or to Wisbeche River, as some Presentments, much more antient, do declare it.
• 2. That the scouring thereof hath antiently belonged to the owners of lands adjoyning (now pertaining to Sinolphus Bell Esquire and others) but for the reasons aforesaid not put in charge till the said Law of 39. Eliz. ordaining it to be opened, and to have its fall by the new Powdich into Ouse.
• 3. That by a Law made ix. Iac. grounded upon a view and open de∣bate in Sessions, it was ordained to be dam'd up, as unnecessary.
• 4. That Popham Ea (though a new Sewer) is of such use, in respect of its largeness, and situation, that it alone sufficeth (as many think) both to dis∣charge the waters descending thither from the high Countries, and those

• also of the grounds drayned by London lode, that there is no use of this Smal lode.
• 5. That therefore those lands adjoy∣ning (which belong to the said Sinol∣phus Bell and others) be discharged from its repair &c.

Reasons confirming this opinion.

So long as the outfall of Wisbeche had its perfect being, the whole River of Ouse had there its perfect outfall, from whence the Town seemeth to have taken the denomination; viz. Ouse or Wisebeche. Thither then came the first Branch of Ouse, from Erith, by the course now call••d the West water to Benwick; where meeting with a part of Nene (which then was very small, the greatest pas∣sage being, in those days, by Crouland, South Ea, Wride stream, and other Courses about Thorney) fell together by Great Crosse or Plant-water, to the North Seas at Wisbeche. The o∣ther part at Ouse, being the second Branch, fell down from Eryth to Har∣rymere, and there meeting with the River Grant from Cambridge, passed so united to Ely; thence to Litleport Chair, and so by Welney and Welle to the said North Seas at Wisbeche, where it met with the former Branch from Benwick.

Then, as it seemeth, there was no River between Litleport Chair and Rebbech, which is a place by Priests houses, where Ouse parva or Bran∣don water, falleth in: But divers Lodes, Lakes and Dikes; at S. Edmunds lode, Gnat lode, and Docky lode, which took their natural fall into a great Meer by Welle, called the Wide; and from the Wide, by divers tracts, as Web∣winch lake, Aldy lode, old Smal lode, Cheselbeche, Waxbeche lode, Small lode; and so into the River at Upwell; and thence, with the same Branch from Litleport to the North Seas at Wis∣beche.

But Wisbeche outfall decaying; and the passage of Nene by Crouland, likewise fa••ling, through the decay of of Spalding River, and other hinde∣ranc••s; the Westwater, or first branch of Ouse, with Nene united, waxed weak in the passage, and so fell down by Marche to Welle; and not finding passage by Welle at Shrewes nest point, the most part thereof turned back again to Litleport, by the old forsaken second Branch of Ouse, and holdeth that course to this day.

This second Branch of Ouse, with Grant united, lying hereby debarred of passage by Wisbeche, means was made to let it fall from Litleport-Chair to Rebbech, by a lode, which at the first seemed to be called Hem∣mings Ea, and so in Ouse parva's Chanel, passed to Salters lode, and thence to Lynne; whose Chanel, not long before that time, was not above six pole wide, being then by due pre∣sentment said at that time to be both infficient for the Haven and Ves∣sels thither resorting by the inlet of the Salt water; and large enough to passe away the fresh, as by the proceedings of a fair Commission thereof, in An. 1378. may appear.

Then began the waters from above Welle, and all thereabouts, to seek their passage by that Tract to Lynne (UUisbeche Chanel, and so as low as the Crosse Keys, which was over the face of the Marshes betwixt Welle and Wisbeche, and so downwards to∣wards Tirington, utterly thereby de∣caying, as to this day may yet be seen) But the people of Marshland finding themselves overcharged by these waters, upon complaint made to King Edward the first, obtained a Commission An. 21 Edw. 1. to have the waters of Welle (which antiently had their outfall by Wisbeche) to be brought and carryed in debitum & antiquum cursum &c. Then were there three stopsmade; viz. the first at Fendike about Upwell Towns end (neer where Popham lode Sluse now standeth) 2^d at Small lode bridg, and 3 at Outwell bridg; and order taken for opening of the Rivet from Welle to Elme floudgates, upon the Confines of both Counties, at the costs of the peo∣ple of the Isle, and of Marshland, in∣differently.

To shew that the River of Ouse had its outfall at Wisbeche, besides what is before exprest.

1. The Sea-banks from Welle to Wisbeche.

2. Wisbeche Castle founded super flumen illud famosum, quod Wel streme appelatur. [Regist. de Petroburg.]

3. —Situm est praedictum Castrum quod à pluribus paludibus & rivulis & fon∣tibus principium habet, & per longos meatus in mare magnum juxta Wilbeche derivare liquidè comprobatur. [Regist. de Thorney par••e 3^a. p. 34.]

4. The people of K. Iohn perished in the waters of Welle.

That there was sometime no River be∣tween Litleport Chaire and Reb∣bech.

1. a Record vouched by Mr. Hexham Surveyor to Philip Earl of Arundell, the tract of the River being of a clean con••rary nature; viz. more straight than any of the Ouse in all the Fens from Ely to Wisbeche.

2. The imposing of the name of Heming's lode in the Description of Rack fen in the words of the Record; viz. à le Chaire per Heming's lode us{que} Gnat's lode end.

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, 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.

That there was a Mere in Welle, called the Wide.

Robert de Swaffham in his Hist. h of the Foundation of Peterborough un∣der the title De gestis ••ncliti militis Herewardi, saith; that Hereward fleeing William the Conqueror, cum navibus su∣is, quas habebat benè armis munitas &c. in quoddam mare Wide vocatum, juxta Welle secessit, magnum & spaciosum la∣teribus aquarum, & liberos exitus habens. The name and tract of which Meer yet remaineth in the Fens of Upwell, Wide lode being ordained to be clen∣sed by the same Law that Small lode was.

That the waters had their course from Gnat lode towards Welle.

The tract to this day sheweth it: for the Presentment by which Small lode is so much urged, saith; that Gnat lode incipit apud Hawkyns bright, & durat us{que} Fowr lodes end. The Crosse end of Gnat lode was Docky lode, which fell into Widelode: and in the same Pre∣sentment it is said, that Wide lode was in length a mile and a half, and xv. furlongs; and that old Small lode in∣cipit à Wide lode, and continued to∣wards Welle to a place, of late called Crosse-water against Nurses viii acres end, by the space of half a mile and half a furlong; and there fell into Che∣selbeche lode, alias Small lode, and from Seman's goole came into the Ri∣ver a little below Upwell Church.

Other Branches there were, all ten∣ding their course towards UUelle, and so to the North Seas, at UUisbeche; as UUebwinche lake, UUell meere, Aud∣ley lode, UUabeche lode, Chesebeche lode, Twane lode, Saltham lake &c. as may seem by the tracts of many of them in the Fens of UUelle.

So much be spoken touching the old course of the River of Ouse, and of the other Lodes and Meers; which, by rea∣son that the outfall at Wisebeche hath been, for a long time, much choak'd up with silt, are not now well known to the vulgar; and therefore I have thought it not impertinent to leave this memorial of them to posterity.

I now return to the general Drayn∣ing.

Upon the xxiiij of February, in the said 15 year of King Iames, there was a Session of Sewers held at Hunten∣don, and these following Decrees then l made, viz.

• 1. First, that the great River of Wisebeche, from the Sea to Wisbeche bridg; thence to the mouthe, and so to Gyhyrne Crosse, be clen∣sed to the antient bredth and old bot∣tom; viz. from the Sea to the Mouth, by the Hundred of Wisebeche; thence to Guyhyrne Crosse by the Bishop of

• ... Ely, before the xx ^th. of Iune then next ensuing, upon pain of 3^s. 4^d. for every perch not perfected, by that time.
• 2. That Morton's leame be accor∣dingly scoured &c. from Guy hyrne Crosse to Midfentre by the Hundred of Wisebeche, for their Common in the High Fenn; thence to Musdyke by the Inhabitants of Wittlesey; thence to Stanground staffe, by the heirs or assigns of Sir Anth. Mildemay, before the xx ^th. of Iuly next, upon the like penalty.
• 3. That the Old Ea, from Clay lake, unto Middle honce hard, at Bull dyke end, neer Peterborough, be in like sort clensed &c. by the Dean and Chapter of Peterborough: Thence to Thorney Cross by the Lord of the Cokenary of Wittlesey, or the fer∣mour thereof.
• 4. That the Sewer, called Catts water, from Thorney Cross, to Fyn∣set Cross, be clensed &c. by the Lord Russell, or his Tenants for the Lordship of Thorney, on the East side; and on the West side by the Bishop of Peter∣borough. And to Tooth willow, thence to Henny dyke, and Perkyns coat, by the said Lord Russell, before the xx ^th. of Aug. next.
• 5. That Thorney water, from Blackstile to Thorney gote, and thence to Powteshed, and so to Wryde ware, by the said Lord Russell his Te∣nants &c. From Wryde ware down Wryde lake unto High fen dyke, by the Commoners in Wisbeche high fen, before the said xx ^th. of August.
• 6. That the River called High fen dyke and South Ea (being also a branch of ••ene) be scoured &c. from Guyhyrne crosse unto Clow's crosse, in bredth xl. foot, and depth six foot, by the Towns of Wisbech, Levering∣ton, Newton, and Tyd S. Giles: And from Clows crosse to Halgates by the Landholders of Sutton, cum membris, and Tyd S. Maries, their Tenants &c. on the North part; and the Lord of Throkenholt on the South, before the said xx ^th. of August.
• 7. And from Hallegates to Gol∣dyke by the Inhabitants and Landhold∣ers of Gedney and Sutton cum mem∣bris, so far as their limits extend, on the North part: and by the Inhabitants &c. of Sutton &c. wholy on the South part. And from Goldyke to Dowsedale, on the North side by the Inhabitants &c. of Whaplode, Hol∣beche, Flete and Gedney, every Town∣ship so far as their particular lymits extend: And on the South side, by the Lord and Owners of Thorney &c. And from Dousedale to Nomans land on the North side, at the Prince his charge, for his lands in Crouland; and on the South, by the Lord of Thorney.
• ...

  8. And that the River of Weland, from the Sea to Crouland, and thence to Stamford bridge, be sufficiently clensed &c. before the 20^th. of Iune aforesaid.

  And that the out-ring banks, from Dousdale to Crouland (in length 4. miles) be amended, at the charge of the Prince; or his Tenants of Crou∣land. And the Bank from Crouland to Clout house (3. miles in length) be amended, at the charge of the said Prince: That Lx. Rods thereof be re∣paired by Rob. Chapman Clark; and se∣veral other small proportions of it by other mean persons.

• 9. And whereas the two Rivers of Ouse and Grant do pour down so much water, that the Chanel below Harrymere, where they unite, cannot contain the same; but hath been sup∣plied by the Sewer called the Old Ea; and by another Sewer, called Padnall lake: which Sewers being crooked and narrow, were almost grown up; and that the Commissioners for supply∣ing the said defects, had make two Laws of Sewers; the one dated 9. Iu∣nij 1609. the other the 8th. of Aug. in the said year; and thereby appointed two larger Sewers, neer the said pla∣ces, and much streighter than the ••ormer: and beginning the same, did per∣fect 800. perches thereof; but then being disturbed by contentious people, could not go on: They therefore or∣dained, that the said works should be again proceeded in, till they were per∣fected.
• 10. And they farther ordained; that the said River of Ouse, from Har∣ry mere, upwards to Odercote, should be clensed, by those that of right ought to do the same, before the 14th. of

• ... Iuly ensuing, to the antient bredth and old bottom.
• 11. And that the great and main arm of Ouse, called the Westwater, de∣scending by Erith brigg, on the West part of the Isle of Ely, should be clen∣sed &c. to Benwick, in such manner as aforesaid. As also a Branch thereof called Sutton lode, from the said West water, to the outfall thereof in∣to Welney water. So likewise Ouse di••he (another Branch of the said West water) falling out of the same between Hollwood and Oldstaffe, and so unto Sutton weads. And that Chatterys new Leam falling out of the said West water should be scoured beneath Chat∣terys ferry, to Key's Corner; so to Chatterys Town; thence to Dodyng∣ton park; thence to Wymblyngton hoke and March stream; thence by Elme leame, unto Elme Town; and so to Wisbeche great River.
• 12. Also that Ea brinke in Elme, from Fryday bridge unto the Town Dam, be made as high and fe••sible as other Banks adjoyning, by the Land∣holders of Redmore. And that Mayde lode, and Shiplode, extending from Welney water unto the main River of Ouse; And likewise London lode, ly∣ing on the other side of the Londoners grounds, and falling from the said wa∣ter of Welney unto Wel Creeke &c. be scoured &c.
• 13. So also Darsey Ea, extending from Welney River, towards Stony ditch, belonging to the Mannor of Do∣dington; and the said Sewer extending thence to Maney Ea, so to Coxe lode, and Dalling's ditch, and thence to Dodington leame.
• 14. And that all other Common Drayns, Lodes, &c. within the tract of the said River of Ouse be opened, clen∣sed &c.
• 15. And it was farther decreed, that the Bank of South lake end, presen∣ted to be cut by the Inhabitants of Crouland, to let the water of Weland run into Borough great fen, to the pre∣judice of the Commoners, and hin∣drance of the outfall at Spalding, by diverting the water out of it's antient course, should be well and sufficiently repaired and made by the Commo∣ners in the said Fen, before the twentifift of March then next follow∣ing.

After this (viz. about the beginning of March following) there was a Petiti∣on exhibited to the Lords of the Council, by divers of the Commissio∣ners of Sewers, for these Counties, whereof part do lye within the Pre∣cincts of this great Levell.

Shewing what pains they had taken for two years past in order to the ge∣neral Drayning; and made several Laws: But that Letters were come down from their Lordships, bearing date 20 Ian. for respiting the execution of those Laws, so far as related to the County of Cambr. or Isle of Ely, except such as concerned the outfalls of Nene and Weland, untill farther directions from their Lordships: So that, by rea∣son of this stop, those parts, especially in the County of Cambr. Hunt. and South parts of the Isle of Ely, were like to be utterly lost. And that this great discouragement to the said Commis∣sioners, occasioned their Petition, that they might be left to their former liberty.

Whereupon the said Lords, sitting in Council at White Hall, on the ix of March ensuing, ordered a, that their said Letter of 20 Ian. should be retur∣ned back to that Board; and that all Laws & Orders made by the said Com∣missioners should be in force: As also that such of the Commissioners as do find themselves grieved, should give notice thereof to the Session of Sewers, and agree upon a day, when both par∣ties might attend the Council Table to be equally and fully heard, forasmuch as by the procurement of some few of them, the said Letters had been sent, which tended so far to the distracting of their proceedings.

Which Letters of the said Lords oc∣casioned this Answer b from the said greatest part of the said Commissioners, viz. that those xi Commissioners, who had formerly distracted their procc••e∣dings, by procuring the Councils Or∣der for respiting the execution of the Laws of Sewers that had been made

&c. had again granted out Warrants, which tended to a farther distraction of their proceedings: and therefore they humbly desired, that the dupli∣cate of the Commission then lately procured for Cambridgshire, might be called in.

Not long after this there was a Let∣ter o sent from the said Lords to the be∣fore-specified Commissioners, impor∣ting; that by the result of that Board, an Order was made for a Sluse to be e∣rected at the outfall of Wisbech river; and after that so done, the River to be ditched: And that since that time, without the consent of any of the Com∣missioners within the Hundred of Wisbeche, a Law was made for the ditching of the said River, & that at the particular charge of the same Hundred, from Wisbeche bridge unto the Sea; but no Law for the Sluse. And moreo∣ver, that the said River, when it was last ditched was enlarged from xl foot to Lx foot wide, at the charge of the high lands and low Countries; and that this Law hath now imposed upon the said Hundred of Wisbeche the ditch∣ing thereof to its antient bredth, ma∣king no mention of the said added xx foot.

All which considered, the said Lords did think fit to vary from some points of those Laws; and farther ordered, that there should be a Sluse made at the Hor∣shooe beneath Wisbeche, at the gene∣ral-charge of all that drayn that way. And that from the Horshoo to the four Gotes, and as far further as the Com∣missioners should think fit, the work to be done at the general charge, and not by the Hundred of Wisbeche only; in regard it is a new work and very bene∣ficial to many Countries: As also that the River from the Horshoo to Guy∣hirne Crosse, be made Lx foot wide, as it was the last time it was ditched; and at the general charge: and all Laws crossing these Orders to be made void; and that the Order for making the outfalls perfect, be generally obser∣ved.

VVhereupon, at a general Session of Sewers held at Wisbeche 30 Maii then next following, in submission to the Or∣der of the said Lords, it was decreed, That a strong and sufficient Sluse of Stone and Brick should be set up at the Horshoo beneath Wisbeche, at the ge∣neral charge of all such who were to drayn by the same.

And that, forasmuch as by reason of an unexpected downfall of rain and o∣verflow of waters, divers of the works of Sewers decreed at Huntingdon 24 Feb. 1617. had been so hindred, as that they could not so soon be undertaken, much lesse perfected within the time limited by the said Law; it was de∣creed, that all parts thereof should be repealed, except what concerned Sut∣ton lode (which might be perfected) And that those works ensuing, mentio∣ned in the said Law, should proceed and be perfected, viz. the River of Ouse, Sutton-lode, London lode, and Mayd lode; and that the Decree made at Stilton 30 Martii then last past should stand in force.

And upon the xix of Iune then next also ensuing, in farther prosecution of this great and necessary work, the said Commissioners exhibited a Pe∣tition q, to the Lords of the Privy Council.

Shewing, That whereas sundry Sessions had been held by them since his Majesties Commission for Drayning &c. was on foot; and nothing effected through the variety in opinions of the said Commissioners; but instead there∣of much charges lost, and that many parts did thereby suffer and undergo great danger. And therefore desiring, that for the safety of those Countreys so endangered, and prevention of far∣ther delays, their Lordships would please to direct, that at the Sessions to be held at Peterborough, on the last day of that instant Iune, one of the Clerks of the Council might be there present with them, to take a view of the Outfalls, if need should require; who, as a person indifferent, might inform their Lordships of the fecibleness of the work, and of the fittest means to effect it, without or with the least loss to any part: And that a certain and constant course might be by their

Lordships directed, whereunto they all expressed themselves willing to submit.

Upon which Petition it was then or∣dered by the said Lords, that Sir Cle∣ment Edmunds Knight should meet the said Commissioners at Huntingdon, for accomplishment of their desires in the view of the Out-falls &c.

And upon the xij ^th. of August next ensuing, at a general Session of Sewers held at Huntingdon aforesaid, there were appointed three Commissioners of every County, to accompany the said Sir Clement Edmunds in that service: Who accordingly performed it, and gave in this following Certificate to that honourable Board, viz.

• 1. That the River of Ouse, in time of flouds, had in former times certain Slakers, or bi-Sewers, to receive part of the water wherewith it was over∣chardged; whereof the West water at Erith brigge was one, which now for want of clensing falleth into the Ouse (whereas it should pass from it.)
• 2. That the said River was from Huntingdon to the high Bridg at Ely, much choaked with Weedes, and stop∣ped with weres, and in divers places made shallow by Gravels and Fordes (which they call Hards.)
• 3. That the Haven of Lynne was through the violence of the Tides, and the great fall of Fresh-waters, grown much wider than it had been, to the endangering to Marshland.
• 4. That the River of Nene is also much stopped and choaked up, so that it passeth not out totally at Wisbeche, which is its proper out-fall; and that below Wisbeche it was found, neer the out-fall, six foot or more higher in the bottome than it had been hereto∣fore; so that whereas the Inland wa∣ters at Guyhirne, which had formerly 5 foot fall, were not only stopt; but the River fell back upon them: Where∣upon a Law of Sewers was made by the Commissioners for the amendment th••reof.
• 5. That a Sluse made upon that Ri∣ver formerly, to the great charge of the Country, stood not 7. days, but was blown up by the Tides: Nevertheless, that it was agreed, that after the River was again clensed to a sufficient depth, there should be a new Sluse there e∣rected, if need required: But as to the performance of this work for matter of charge, there was a great difference between the Town of Wisbech and the Inhabitants of the Upland Coun∣tries, forasmuch as the said Town insisted upon a considerable help from them towards the charge thereof; al∣leging what benefit they would re∣ceive thereby.
• 6. That the said water of Nene, not having a free passage by Wis∣beche, but dividing it self into divers parts, did great hurt by overflowing the Country about Thorney and Crou∣land; and that in 38. Eliz. there was a Drain agreed on for the passing away part thereof at Clows crosse; which Sewer lying x. or xij. foot lower than the Level above, was conceived to be the best drain to regain the surrounded grounds on the North of Wisbeche.
• 7. That forasmuch as the Inhabi∣tants of Marshland complained much of their danger, by the running of Wisbeche River from the 4. Gotes, by the skirt of Marshland; and that if the out-fall before-mentioned should be opened, whereby a greater propor∣tion of water would pass that way, it would be much worse for them: It was therefore agreed, that if the said River, together with the Drayn of Clows crosse were carried from the said 4. Gotes, by a new Cut to be made through the Saltmarshes to an out-fall called King's Creek, besides the be∣nefit which would arise by drayning of their Fens, it would secure Marshland from danger, and no way prejudice Holland.
• 8. That the River of Weland also, was from Crouland to Spalding, very defective for want of clensing; and from Spalding to its meeting with Glen (neer to the Sea) almost silted up; insomuch as the Inhabitants of Spalding complained, that by reason of the shallows thereof (which were less than half a foot deep 2. miles be∣low the Town) they had not whol∣some water for their necessary uses.
• 9. Considering therefore these de∣fects

• ... &c. before expressed, he proposed to the said Lords, that some car•• might be taken to open those out-falls.

And though there were many Gen∣tlemen of good worth in those parts, who wanted neither zeal nor judg∣ment to do service therein; yet it was conceived, that the work might be best effected by such as had no interest at all in the Country; but stood indifferent between all parties, and thereby levy the charge without partiality.

Whereupon ensued certain Orders, r occasioned by that view of the said Sir Clement Edmunds and those Com∣missioners; viz.

• 1. That the Sewers between Over∣cote and the Meere be opened and scoured before the last of May then next ensuing, sub poena 3^s. 4^d. per vigam.
• 2. That the West water, with all the branches be opened and scoured by those who ought of right to do the same, by Michaelmass come twelve-Month, then also next following, sub eadem poena.
• 3. That the Hill in Humbert's water be abated before the first of No∣vember, sub poena 5. libr.
• 4. That Padnall lake, from Ouse to the Clay way, be scoured xx. foot wide and 4. foot deep, by the first of April then next ensuing, sub poena 5^s. per virgam.
• 5. That Stretham and Thetford do their Draines by the first of May, sub eadem poena.
• 6. That Popham Ea, though it be respited, is reputed an excellent drayn; Sir Raph Hare and other of the Com∣missioners being appointed to view its defects.
• 7. That the work in Wisbeche Ri∣ver be perfected before the 20. of Au∣gust next.
• 8. That a new Clow be set up at the charge of all that drayn thereby.
• 9. That South ea be clensed af∣ter Wisbech River; and Weland diked.

And upon Report made to the said Lords of the Council, by the before-specified Sir Clement Edmunds, it was ordered s by their Lordships, that the Earl of Arundell, the Bishop of Win∣chester, the Lord Carew, M^r. Treasurer and M^r. Comptroller of his Majesties Houshold, M^r. Chancellour of the Ex∣chequer, the M^r. of the Rolls, and Sir Edw. Coke, or any 4. of them, should take consideration of the state of the business &c. and prepare some opinion to be delivered to the Board, of what present course might be fit to be taken therein.

In pursuance of which Order the said Earl of Arundell made a journey into these parts; where having treaty with Sir William Ayloff Knight and Baronet, Anthony Thomas Esquire, and others; they the said Sir William, Anthony, and the rest, as Undertakers in this great Adventure, did, in consideration of the pains and costs which they were like to bestow therein, make these ••ol∣lowing Proposalls; t viz.

• 1. To have all the Kings lands, drowned with fresh or salt water, which should be so recovered, at the free Rent of iiij ^d. the Acre, over and above all Rents or revenues then in being or coming to his Majesty.
• 2. To have all the Prince his lands upon the like conditions.
• 3. To have of all Subjects lands, so drowned all the year, two thirds, to them the said Undertakers and their heirs, to hold in severalty for ever.
• 4. And of all such lands of Subjects, which lay drowned half the year, to have the one half to them the said Undertakers and their heirs.

Of which Proposalls the King liking well, he did by his Letters, u to the said Commissioners of Sewers, bearing date the 4. of September, in the xvij. year of his Reign, signify unto them, that the said Sir William, and Anthony, with others, had undertaken to drain all the Fens in the Counties of Cambr. and Isle of Ely, Norff. Suff. Linc. Northt. and Hunt. with the good li∣king of his said Majesty and his accep∣tance of their Propositions; And recom∣mended them and their design to the said Commissioners, to the end they might be ayding to them in expediting such Contracts as they should make;

and to further them therein with their Authority in all lawfull things &c.

And on the morrow following, the Lords of the Council, by their Letters x to the said Commissioners of Sewers, signified to them; that the said Un∣dertakers did purpose to begin their work at the Sea, by opening the out∣falls of Nene and Weland; and to make the same navigable to Spalding and Wisbeche, which would take a∣way all fear of turning the water upon any neighbour Country, and draw the same into their true and natural Cha∣nels; and that whatever Commission or assistance they should desire to fur∣ther this work, order should be taken for the same; desiring them to ob∣serve the Kings directions there∣in.

Whereupon, within three dayes after, the said Commissioners met y at Peterborough, and in a Session of Sew∣ers then and there held, forthwith ordered

That in obedience to the Instructi∣ons by them received from the Kings Majesty and the Lords of his Council, the Undertakers before-specified, should have the free consent and ap∣probation of that Court to proceed with their enterprise, so soon as they should think meet; and likewise their furtherance in such Contracts as they should make with the Lords, Owners, and Commoners interessed in the said Fens.

And moreover; that further time, and longer dayes should be given to them for perfecting their works in the Rivers of Ouse, Nene, and Weland, and all the Branches of them; viz. un∣till the first day of August then next en∣suing, and no advantage taken of the Penalties in the Laws formerly made for effecting the business before that time.

And in a Session of Sewers held at Ely the 20 and 23 of the same Month of September, having received these fol∣lowing Propositions from the Under∣takers, viz.

• 1. That their intent was so to drayn the said Fens and grounds, as that by their said works, no person should re∣ceive any hurt.
• 2. That they would from time to time maintain, and scour the same, so drayned.
• 3. That they would not receive any recompence, but where through their industry an increase of benefit should be raised to the Owner thereof; and that after their works should be perfected.
• 4. That if question should arise, whether any benefit were received in a∣ny particular by their industry, it should be decided by a sufficient and able Ju∣ry, to be named by the Commissioners of the County, and such Jurors so no∣minated, and no others, to be retured by the Sheriff.
• 5. So likewise in the Isle of Ely, by a Jury of that Isle.
• 6. And that they would give such re∣compence to those, that should receive hurt or damage by any of their said works, as the Commissioners, or the greater part of them, should think fit.
• 7. That at their own charge, they would make provision, that water should be conveyed to stay at those Towns (where water had before come and stayed) for Navigation and trans∣portation, and the Townships after∣wards to maintain it.
• 8. And that they would better, and not hurt, or impair the Navigation in the Rivers of Grant and Ouse.

And did therefore order and decree, that the said Undertakers should have their free consent, and the approbati∣on of that Court, to proceed &c. and that they would assist them &c. in their Contracts &c. It being not the purpose of the said Undertakers to alter or change the state of any Commons, but only to have such competent part thereof, to be set out in severalty to them and their heirs, as should content

them for their work of Drayning the same; and the residue of every Com∣mon to remain in the same condition, to all intents and purposes, as then it did.

And at a Session a of Sewers held at S. Ives on the morrow following, they decreed, that the tenor of the Order made at Peterborough 8 Sept. and that present Order, should be published at every Town, Village &c. which the premisses should concern in all the said several Counties &c. before the vi ^th. of Oct. next then coming; to the end, that all Owners, Commoners &c. In∣teressed in any surrounded grounds within the places aforesaid, might ap∣ply themselves to the said Under∣takers &c. for concluding their contracts &c.

On the 4^th. of October ensuing, the said Undertakers sent their Letters b to the Commissioners for Norfolk, sitting at a Session at Ilsington, excusing their not wayting on them sooner; and, inclosing the Copies of those Letters of the King and the Lords of the Council to them, desired; that the same might be communicated to their Neighbours, together with their Proposalls; to the end that they might be the better pre∣pared for contracting with them: As also that they might have a meeting with the said Commissioners of Norff. at Cambridge, on Wednesday the xiij ^th. of October then next ensuing; and in the mean time that they would cause these Letters of the King and Council to be published in their Churches &c.

And upon the xv. of October follow∣ing, in a Session c of Sewers at Hun∣tingdon, the ••aid Commissioners, re∣citing their proceedings at several Ses∣sions of Sewers, held before that time, in pursuance of the Kings direction; and for the better expediting of the work, decreed; that for and towards the opening of the antient out-falls of Nene and Welland, and all other ne∣cessary works for drayning of the said grounds &c. every Acre of the said drowned grounds in those Counties of Northt. Hunt. Linc. and Norff. should be taxed at xx ^s. the Acre, to be paid by the owners thereof before the 7. of Dec. then next coming, unto Tho∣mas Bishop of Peterborough, Sir Fran∣cis Fane, Sir Rob. Bevill &c. (and others by this Decree named) to remain in their hands, to be ratably paid over to the said Undertakers, their heirs and assignes, after their work of Drayning should be done whole, or in part. And that for want of payment thereof at the dayes and times appointed, the said Commissioners should in a full Session of Sewers to be held the 21. day of Dec. following, at Peterbo∣rough, allow and set forth such portion of the said surrounded grounds, for which the summs aforesaid were not paid, unto the same Undertakers their heirs and assignes, in recompence of the said drayning, as should seem just &c. unto them; which should be en∣joyed &c. accordingly.

And that after the said work of drayning should be perfected, and ad∣judged sufficiently done, by the said Commissioners, at a general Session for that purpose; a competent pro∣portion of land to be reassured by the said Undertakers and their heirs or assigns, for the perpetual maintaining of the said works.

And lastly, that Copies of this Or∣der should be published by the Sheriffs in the several Counties &c. where the said draining was.

But notwithstanding all this, the work did not go on so effectually as the King desired, which occasioned a Let∣ter d from the Lords of the Council to the said Commissioners of Sewers, (bearing date the 5. of December ensu∣ing) whereby, taking notice of the ma∣ny attendances upon them by the Un∣dertakers in several Sessions of Sewers, and yet that little progre••s had been made therein; they desired them again to affoard their effectual assistance for removing of such difficulties, as might hinder an undertaking of so great an hope, nothing now resting but the put∣ting of their own Orders in Execution for advancement of the same.

Whereupon, the Commissioners

si••ting at Spalding upon the xvi ^th. day of the same Month of December, reciting the Decree made at Hunten∣don in the Session of Sewers held there upon the xv. and xvi. of October pre∣ceding, and taking notice, that no money of the said Tax of xx ^s. the Acre had been paid, as was then ordered; did judge † and decree, that from and after the said worthy work of Drayning the said Fens and surrounded grounds, in general before-mentioned, or those particulars hereafter mentioned, or any of them respectively, in that County of Lincolne, should by Gods help be well and truly accomplished by the said Un∣dertakers, their heirs or assigns, at their own proper chardges and expences; and so adjudged and approved by six or more Commissioners of Sewers, com∣morant and residing within the part of Holland, for those works that should be done in those parts of Holland; and six or more Commissioners of Sewers, commorant and residing with∣in the parts of Kesteven, for those which should be done in the said parts of Kesteven; then and from thence∣forth they the said Sir William Ayloffe and Sir Anthony Thomas, being the Un∣dertakers before-mentioned, th••ir heirs and assigns, should have, hold and enjoy the parts and portions of the Fens and grou••ds, usually and hurtfully surrounded, and by them undertaken to be drayned respectively, as follow∣eth; viz. whereas the Earl of Exeter then had a third part of the Fens called Deping, Spalding, and Pinchbeck South Fenns, and of Goggisland be∣longing to Crowland by contract here∣tofore made with Captain Thomas Lo∣vell, for the Drayning of the said Fens: which notwithstanding being not per∣formed the same Fens then remained drowned; that therefore the said seve∣ral Fens, called Spalding and Pinch∣beck South fen, and Deping fen, and Goggisland, together with that part of the said Fens and grounds in the occu∣pation and tenure of the said Earl, or his Tenants, should be all entirely and wholy survayed and measured by two several Surveyors, whereof one to be named by the said Sir William Ayloff and Sir Anthony Thomas, the said Under∣takers, their heirs or as••igns, and the other by some six Commissioners of Sewers of Holland and Kesteven; and the whole content and number of Acres to be exactly taken and cast up, and thereof the said Sir William and Sir An∣thony, their heirs or assigns, to have so much of the said Fens, then lying open and in Common, as together with the said several grounds in the tenure and occupation of the said Earl, should amount unto and extend to a moity or half part of the whole content of all together, to be proportionably taken out of the said several Fens; viz. one part out of Spalding and Pinchbeck South fen, another part out of Deping fen, and a third part out of Goggisland, according to the number of Acres, then in them lying in Common, to be set out by the said six or more Commissioners of Sewers in either of the said parts of Holland and Kesteven within their said several parts respectively. And of the whole content of the Marish and drowned grounds called Bellesmore, lying in Spalding and Wesson in the said County, being the grounds of Sir Francis Iones Knight, two third parts: And of the whole content of the Ma∣rish grounds called Turpitts, lying in Weston aforesaid, being the grounds of William Coulson of the same Yeo∣man, two third parts: And of the whole content of the Marish ground, called the East fen, lying in Moulton, being the grounds of Sir Iohn Payton Knight and others, one fourth part: And of Whaplode and Holbeche Common, Marish or Fen grounds, one half part: And of Sutton Fen, lying on the South side of South Ea, two third parts.

And it was farther ordered and de∣creed; that till the said Fens and grounds should be adjudged drayned, and approved to be drayned as afore∣said, the two Rivers of Glene and We∣land, and the Banks environing the said South Fen should be kept and main∣tained for the safety of the Country at the charges and costs of the said Earl of Exeter or his assigns, according to the contract made with the said Tho∣mas Lovell.

That this Decree also had little effect, I am much inclined to believe: For upon the last of February following,

the said Lords of the Council, wrote e again to those Commissioners; requi∣ring them to attend the King in person at his Council Board in the third week of Lent ensuing, there to cleer such doubts as his Malesty should desire to be satisfied in from them.

Whereupon, the business being heard at large, there ensued this fol∣lowing Order, f upon the ix ^th of April, the King himself being present and likewise the Commissioners, viz.

That the Undertakers should on Tuesday following, exhibit in writing what it was that they promised to ef∣fect, and to specifie what they would demand as a recompence for their la∣bours, &c.

Which accordingly was done; the Propositions of the Undertakers delive∣red in unto the Commissioners being as followeth; viz.

• 1. That they did intent really to perfom the work of drayning of the Fens, without any tax upon the Coun∣try; excepting the deep Meers and Pools &c. which were under the Levell.
• 2. That when the work should be done, they would assure competent Land for ever, to stand lyable for ever to maintain and repair the same.
• 3. To effect this Drayning within 3 years after a perfect Contract made with his Majesty for such lands as should be a competent recompence for their costs and pains; and the same Land set out by Metes and bounds in severalty, and sufficiently assured to them their Heirs and Assigns for ever &c.
• 4. That in order to this work, they would open the out-falls of Nene and UUeland, and make those Rivers navigable as high as Wisbeche and Spalding.
• 5. And lastly, not to forget to pre∣serve the Navigation between Cam∣bridg and Lynne.

In recompense whereof they demanded g these proportions in the several Fens hereafter expressed; viz.

1. Of Bu••rough great Fen

one third part.

2. Burrough little Fen, Eye-Fen, and Flag Fen.

a sixth part.

3. Crowland Fen (3 pieces)

a fourth part.

4. Thorney fenns

a half part.

5. Wisbeche high Fen, Sutton, and Throcknall

a third part.

6. Fens on both sides of March River, between Darcey lode on the South, and Needham fen, North

2 third parts.

7. Wittlesey fens

1 half part.

8. Stanground

1 fift part.

9. Ramsey fens

1 half part.

10. Huntingdon Fenns, on the West of Ramsey, by the River of Nene on the North, up to Yaxley, and the skirts on the South and VVest

one half part.

11. Huntingdon Fens, from Eryth bridge up to Ramsey, by the West-water, and the River of Nene East and North

one third part.

12. Donington Fens in Common

one half part.

13. Donington Fens in several

one sixt part.

14. Fens between the West-water, VVest Sutton lode in the Isle of Ely and Coveney drain South, Oxwillow lode East, Coxlode and Chateriz lode North, together with Chateriz Fens on the other side to Donington

one third part.

15. Hunney fen

one tenth part.

16. Sutton and Hadenham fens

one eighth part.

17.Grunty fen.

one third part.

18. A Fen by Sutton lode and Coveney, between Dounham Hards

one fourth part.

19. Downham Wode fen, and other Fens of Ely, between Li∣tleport grounds and the Ouse, Elie-uplands and Scarlet tree lode

one half part.

20. Litleport Fens, on both sides the Ouse

one third part.

21. Other Fens between Darcy lode North, & Welney river East

one third part.

22. Fens in Upwell and Outwell

one half part.

23. Fens between Welney-river and Welney Causey.

one half part.

24. The Hale and Mr. Hawe's fen

one half part.

25. Fens on the North of Stoke River, to the great River be∣tween Helgay and Stoke

one fourth part.

26. Fens between Stoke River North, and Brandon River South

one fourth part.

27. Fens between Brandon River North, and Mildnall River South, and Litleport Fens West

one third part.

28. Fens between Mildnall River, and the great River, up to Harrymere, and the Uplands of Isseham, Fordham, and Soham

one fourth part.

29. Soham Fens, by Wicking hards on the South

one sixt part.

30. Fens between Wicking hards on the South, Homyng fen, Quye and the River of Grant, West

one fourth part.

31. Fens on the South of Quoy, compassing of Fulberne field

one fourth part.

32. Fens between the River of Grant East, and the Hards of Mil∣terne, UUaterbeche, and Denny Abby, West; and so ex∣tending West, between the River of Ouse on the North and the hard land South, up to S. Ives bridge; and a part on the other side of Ouse, between Erith and S. Ives.

one eighth part of the better. one fourth part of the worse.

33. Fens or drowned Lands on the North side of Wisbeche

2 third parts.

The Answer h of the Commissioners to these Propositions.

That they had no power to take a∣way any mans land without his volun∣tary assent: And that the authority which they had by their Commission (to which they were strictly bound) was only to rate the charge of every particular man towards any such gene∣ral work, according to the profit which every such person should receive by the same: And forasmuch as 'twas im∣possible to be discerned, before the work were finished, who should have profit thereby, or how much, they could not legally procure any such assu∣rance before hand. But if the Vnder∣takers would be constant to their Pro∣positions which themselves had before that time at divers Sesions of Sewers pu∣blished; viz. that they required no other recompence for their intended work, than a moity only of the cleer profit, which by their sole industry and charge they should bring unto each particular owner of these surrounded grounds, more than formerly was received; they should be ready (as at the first) to give the said Vndertakers all lawfull furthe∣rance and assistance: Provided, that before they begun their work, they gave security, that they would not impair the Navigation, in the Rivers of Ouse and Grant.

Vpon which terms if the Vnderta∣kers did refuse to proceed, the said Commissioners offered to do the work themselves, according to the antient course and legal power of their Com∣mission.

VVhereupon ensued this r Order of the Lords of the Council, by reference from the King made upon this Answer of the Commissioners, bearing date at White Hall 12 Iulii An. 1620. (18 Iac.)

1. That, according to an offer then made on the part of the Country, good security should be given to the Under∣takers for a moity of the cleer profits, which by the drayning should be im∣proved upon every man's ground, above the rate that then the same was valu∣ed at; and that the security should be partly from the Owners, and partly in case of Common, by aid of the Com∣missioners; with this Condition, that the lands and parts of each County should be rated by the Commissioners of the said County.

2. Concerning Prejudice of Naviga∣tion in the Rivers of Ouse and Grant, it was ordered that the Undertakers being agreed with for their security in form aforesaid; they should shew unto the Country the means they intended in the drayning of these Levells: And therefore if the Countrey should find it either prejudicial to Mershland or otherwise, and present their Reasons to the Board, their Lordships concurring therewith, all farther proceedings to be stayed.

3. That consideration should be had, that particulars receive no damage by this drayning; but that the Owners have satisfaction out of those that were to receive Commodity.

4. That no land should contribute to this charge, which was then at 8^s. an Acre or upwards, except it lay in small quantities, and intermixt with other lands, so that the work could not go forward without it, and then to have a moity of profit, ut supra.

5. That their Lordships should not intermeddle with any part of the work, which was already setled & agreed on.

6. That the Undertakers, according to their promise, should begin the work within one Month after this Agreement should be concluded.

All which being thus setled and agreed upon the last day of May then past, with the consent of both parties (for ought appeared to their Lord∣ships.) Forasmuch nevertheless as the Undertakers, had not then entred upon the work, nor made any proceeding therein (the time of the year requiring expedition) it was, according to his Majesties pleasure and command, or∣dered by that Board; that the said Undertakers should either go on, ac∣cording to the Articles so agreed on at that Board, or otherwise desist from that undertaking, and hold the Coun∣try no longer in suspence; but to leave them to such further courses as should be expedient: To which purpose it was likewise ordered, that Copies of those Articles and Orders should be delivered both to the Undertakers, and such Gentlemen as attended that ser∣vice there for the Country.

And afterwards, viz. upon the 25^th. of the same Month of Iuly, the King by his Letters k directed to the said Com∣missioners (published at Cambridge 18 Aug.) commending the Undertakers readiness, and acceptance of such mean conditions in so hazardous an enter∣prise; required that they might have square dealing in the valuation of the Lands, as they had been truly let, and security for the partage of what should be alotted to them, so that there might not be any just exception thereto; and likewise that the said Commissioners should give them their best assistance, that they might go on with cheerfull∣ness in the work; the Lords of the Council also, by their Letters l to the said Commissioners, inciting their as∣sistance to the said Undertakers; and for their setling of the business with them according to that Agreement.

In pursuance whereof, in a Session m of Sewers held at Cambridge, upon the 17^th. of August following, it was ordered; that Sir Miles Sandys Knight and Baronet, Sir Edw. Peyton Knight and Baronet, and several of the Com∣missioners of Sewers within the County of Cambridg and Isle of Ely, should view and value, according to the annual worth of the same (being subject to the Taxes, surrounding, and other incon∣veniences, which the same had born for x. years then past) all the Fen grounds within the County of Cam∣bridge and Isle of Ely, beginning at Fen-Drayton on Tuesday the 22^th. of that instant August. And that four able and sufficient men of every Parish should attend the said Commissioners there, for the better informing them in the true value of those grounds.

And the next year following in a Session of Sewers, held also at Cam∣bridge aforesaid, it was decreed; that the Adventurers, in recompence of their charge of Drayning this whole Level, should have out of the surroun∣ded grounds so to be drayned one hun∣dred and twenty thousand Acres, to be set out by metes and bounds: and the King himself (who hath been heard to say; that for the honour of his Kingdome, he would not any longer suffer these Coun∣tries to be abandoned to the will of the wa∣ters, nor to let them lye waste and unprofi∣table) was then pleased to declare him∣self the principal Undertaker.

But whether it was the great distur∣bance he had about that time, and after till the end of his reign, for regaining the Palatinate, then violently invaded by a powerfull Army, and his Daugh∣ter with her Husband and Children exposed to the wide World for a sub∣sistence, which was the impediment; or what else I shall not take upon me to say: Certain it is, that no farther progress was made therein; nor any thing else conducing thereto, till the fifth year of our late Sovereign King Charles the first, of blessed memory, when in a Session of Sewers held at Huntendon, upon the 6^th. of Ianuary, it was decreed; that a Tax of six shil∣lings an Acre should be laid upon all the said Marish, fenny, waste and sur∣rounded grounds, in order to this gene∣ral Drayning: Notwithstanding which Decree, there was no part of the said Tax paid, nor any prosecution of that work.

Howbeit, in another Session of Sew∣ers, held at King's Lynne, upon the first of September the year ensuing (the Commissioners then present being xlvii. in number) there was a contract made with Sir Cornelius Vermuden Knight (a person well experienced in works of this kind) for the Drayning of this Level; and he, for his recom∣pence therein to have ninety five thou∣sand Acres of the said surrounded lands: But the Country being not satis∣fied to deal with Sir Cornelius, in re∣gard he was an Alien, they intimated their dislike to the Commissioners; and withall, became humble Suters to Francis then Earl of Bedford (who was owner of neer twenty thousand Acres about Thorney and Wittlesey, of this fenny Level) to undertake the work; at whose request, as also of the Commissioners, he condescended thereto.

Whereupon, for the better ratifying of this Agreement, there was another Session of Sewers held at King's Lynne before-specified, upon the xiij ^th. of Ianuary following; and by xli. Commissioners then and there pre∣sent, a solemn Decree made, reciting these particulars, viz.

That the work of Drayning was first propounded 19 Iac. at Cambridg, at a general Session there, where the then King Iames declared by his Letters, that he himself would undertake it: And for satisfaction of his expence, the quantity of 120000. Acres was decreed to his Majesty, his heirs and successors for ever.

But the work being neglected by him, his late Majesty King Charles the first had often recommended the care to the Commissioners of Sewers, and in pur∣suance of this gratious intimation, the Commissioners at a Session holden at Huntingdon 20 Ian. 5 Caroli, did lay a tax of vi ^s. the Acre upon all and every Marsh, and fen grounds; which tax, nor any part thereof was ever paid.

And moreover that whereas at a Session holden at Kings Lynne 1 Sept. then last past (id est 6. Caroli) the Com∣missioners being xlvij. present, did contract with Sir Cornelius Vermuden, that he should undertake the work at his own charge; and in recompence thereof to have 90000. Acres parcell, equally and indifferently to be laid out: and that the said Corn. Vermuden had presented the Commissioners with a Map and design of the work, which was approved of; but required 95000. Acres, which the Commissioners and Country were unwilling to grant, or that any contract should be made with an Alien or stranger; they therefore petitioned, that the Earl of Bedford, then present, would undertake the work; which the said Earl yielded unto; under the Agreements and Ar∣ticles here under expressed; viz.

1. That he should presently begin the same, and finish it so, as to make the grounds fit for Meadow, Pasture, or ••arable within the compass of six years, from 1 Oct. following, unless the Commissioners should approve the cause of deferring it any longer.

2. That suddain overflowings, in places remote from the Out-falls, should not be adjudged a not Drayn∣ing; nor Meers, Lakes, Pooles and Forelands, left by Art and Approbation for Receptacles; Nor any part of the ground out of which he was to have his proportion.

3. That there should be 95000. Acres set out by six Commissioners (respect being had to Commoners accommodations) before Michaelmass then next following.

4. That the Earl and his associates might be incorporated for ever, to make Laws, Ordinances, and Orders; and to have power over the lands as∣signed (but no other) towards the maintaining of the works.

5. That the whole 95000. Acres should be lyable to the first finishing of the work; and 40000. towards the maintaining: and the 40000. to be subject, in case of neglect, to the Com∣missioners of Sewers.

6. That when 30000. Acres should be finished, the Earl to have his pro∣portion out of it.

7. That the private Indikes, for par∣tition, be made by advice of the Earl, and by direction of the Commis∣sioners.

8. That the Commissioners shall set out convenient High-wayes and passages by land throughout the Le∣vell.

9. Provided that the Port and Haven of Kings Lynne be preserved; and the Navigation, Passage, and High-wayes, in, upon, or about all the Navi∣gable Rivers; namely Ouse, Grant, Neene, Welland and Glene to be preserved; and no prejudice, annoy∣ance, hurt or hindrance to be done to them. And if any such prejudice, an∣noyance, hurt or hindrance upon com∣plaint thereof and of the Commissio∣ners, whereof the Vice-Chancellour of the University of Cambridge ....... shall be 3. if they will be present; to return, abate, ....... and amove all such prejudice, annoyance &c. so that the antient Navigation, passages, and High-wayes may be preserved.

10. For the safety of Holland and Hundred of Wisbeche, Clows Crosse Drayn to be kept within soyl or Banks; and in case of any prejudice, then six Commissioners to reform the excesses, and the Earl to make recompence.

11. That the new Rivers, Cutts, and Dreyns, the Banks, Forelands and inside of the Banks, not exceeding 50. or 60. foot, to be the Earles; paying such recompence as the Commissioners should think fit, the old ones to remain as they were.

12. No passages upon the Banks but for the towing of Boats.

13. That the Earl might take Earth, dig Drayns, and Cutts, upon the lands next adjoyning, making recom∣pence.

14. That the Commissioners should assist the Earl to suppress ryots, inso∣lencies, and disturbances.

15. Such as should receive benefit by the work, and yet no parties to it, if their land be taken within the allot∣ment, of the 95000. Acres, to pay to the Earl as the Commissioners shall assess, upon pain to forfeit double.

16. That the Earl might hold the 95000. Acres in free socage at x ^l. per annum fee ferm; and if any other Rents be issuing, that pay be charged upon other lands.

17. That the King should release any benefit, which by the Law of Sew∣ers made 19. Iac. or by any other law might accrue to him; and approve of this Law; and that it may be confir∣med by Decree in Chancery, and Council of State, and by Act of the next Parliament.

18. That 12000 of the 95000 acres be assured to the King for his Royal as∣sent, and laid out upon the lands be∣longing to the Manour of Whittle∣sey, and the Marshes there adjoyn∣ing.

19. And, that for allotments out of small parcels, lesse than 30 Acres, there the Earl to divide and ac∣cept what 6 Commissioners should assess.

These things being thus setled, the said Earl taking in divers Adventurers, as Participants with him therein, they cast the whole, so allowed for their recompence, into twenty parts or lots, each lot consisting of four thousand Acres; whereof himself was to have three shares or lots; Oliver Earl of Bullingbroke, one; Edward Lord Gor∣ges, one; Sir Robert Heath Knight, one; Sir Miles Sandys Knight and Baronet, two; Sir William Russel Knight and Ba∣ronet, two; Sir Robert Bevyll Knight, one; Sir Thomas Terringham Knight, two; Sir Philibert Vernat, one; William Sams Doctor of Law, one; Anthony Hamond Esquire, two; Samuel Spalding Gent. one; Andrew Burwell Gent. one; and Sir Robert Lovet Knight; one. And thereupon he the said Earl, and those his Participants, did, by In∣denture (of fourteen parts) covenant with each other; that if any one of them, or their assignees, after notice, should fail in the payment of such moneys, as from time to time should be imposed on them, in pursuance of that agreement, for carrying on the said work; that then it should be lawfull to and for the rest of the said par∣ties, or their assignes, to supply the same, or to admit some other person or persons, to have the share of such defalture, paying the sum imposed on the said share: and, that all such parties, as aforesaid, by himself or his assignes so failing, should be wholly exclu∣ded, and for ever debarred from deman∣ding, or receiving all or any such sum or sums of money, as any such person or persons had formerly disbursed for and towards the said undertaking.

VVhich agreement so made, the said Earl and his Participants, or such unto whom several proportions of those lots or shares, were by them assigned, began the work; and in order to the carrying off the superfluous water, wherewith the Level was so much annoyed, caused these several Chanels to be made; viz.

• 1. Bedford River, extending from Erith to Salters lode, Lxx foot wide, and xxi miles in length (this being in∣tended for taking off the high flouds from the River of Ouse, having at each end thereof a Sluse of great strength.)
• 2. Sam's Cut, from Feltwell to Ouse, being about six miles in length, and twenty foot in bredth.
• 3. A Cut to drain the River of Mil∣denhall in Burntfen, neer Litleport, two miles long, and fourty foot wide.
• 4. Bevill's Leame, being a Cut from Witlesey meer to Guyhirne, a∣bout ten miles in length, and xl foot in bredth.
• 5. Morton's Leame (before-men∣tioned) new made.
• 6. Peakirk Drayn, ten miles in length, and 17 foot in bredth.
• 7. New South Ea, from Crowland to Clows crosse.
• 8. Hill's Cut, neer Peterborough, about two miles in length, and 50 foot in bredth.
• 9. Shire Drayne, from Clows crosse to Tyd, and so unto the Sea.

Moreover, besides these Cuts and Drayns, he caused two Sluses to be made, at Tyd, upon Shire Drayne, to keep out the Tides; as also a Clow at Clows Crosse, for the fresh wa∣ter.

And likewise a great Sasse on Welle Creeke, with a Stone Sluse at Salters lode upon Bedford River, to keep out the Tides, and Sluses at Erith, for the fresh: But above all, that great Stone Sluse below Wisbeche, at the Horshoo, to hold the Tides out of Morton's Leame, which cost about eight thou∣sand pounds.

And to the end they might the better accomplish this so great an underta∣taking; as also maintain and preserve the works, after they should be com∣pleated; the said Francis Earl of Bed∣ford, and his Participants, did in the x year of the said Kings reign, obtain Let∣tees Patents of Incorporation, bearing date 13 Martii: whereby the said King, making some recital of the before-spe∣cified Laws of Sewers, made at King's Lynne 13 Ian. 6 Car. with his royal assent thereunto; did incorporate him the said Earl, and certain other per∣sons; viz. Oliver Earl of Bulling∣broke; Henry Lord Maltrevers; Edward Lord Gorges; Sir Francis Crane Knight, Chancellor of the most noble Order of

the Garter; Sir Miles Sandis Knight and Baronet; Sir Thomes Teringham Knight; Sir Robert Lovell Knight; Sir Filbert Vernat Knight; Sir Miles Sandis Knight; William Sams Doctor of Law; Oliver S. Iohn Esquire; Anthony Hamond Esquire; and Samuell Spalding Gentle∣man, into a Body politick, to be Guar∣dians and Conservers of the Fen lands, in the Counties of Cambridge, Hun∣tington, Northampton, Lincolne, Norfolke, Suffolke, and Isle of Ely; by the name of a Governour, Deputy Governour, two Bayliffs, and Com∣monalty of the Society aforesaid: and that they and others, to be elected in∣to that Fellowship, to have a perpetual succession by those Names and Titles, with power to purchase lands, plead and be impleaded, and to have a com∣mon Seal.

And moreover, that out of this their Society be yearly chosen, upon the xxix of September, one who shall bear the name of Governour; another to be De∣puty Governour, and two others to be Bayliffs of the same Society, to conti∣nue for one compleat year: each of the said Commonalty having of Inheritance five hundred Acres, at the least, in the said Fen lands.

That upon Death or Removal, the Survivors to elect others in their rooms; And that six shall have power to make Laws, for the publick bene∣fit of the Society, whereof the Gover∣nour or Deputy Governour to be one.

Also, that the Governour, Deputy Governour, and Bayliffs, shall make Oath for the due execution of their Of∣fices: so likewise their Servants and Mi∣nisters.

By this Charter of Incorporation, the said Governor, Bayliffs, and Com∣monalty of this Society, and their Suc∣cessors, are likewise constituted Guar∣dians of all the Waters, Rivers and Fens within the Precincts aforesaid; with power to seise and take all Nets and o∣ther Engines made and used therein for destroying of Fish contrary to the Laws and Customes of this Realm. And they be thereby impowred to en∣quire by Oath, of all Trespasses and Offences, committed contrary to the Laws and Customes of the Kingdom; and to punish the Offenders by Fines and Amerciaments: which Fines and Amerciaments to be levied by their Of∣ficers, and to be to the use and be∣nefit of the Society, without any Estreits thereof made into the Exche∣quer.

Likewise to build Churches or Cha∣pels, and make Church-yards, in such fitting places of the said Fens as they shall judge meet; and to cause them to be consecrated by the Bishop. And to take reasonable Tolls of all Carriages and Commodities, at such Bridges as they shall erect and maintain: So al∣so for laded Boats, passing under the same Bridges.

And lastly, to Register all convey∣ances of these their lands, within three months after the making thereof, in certain Books to be kept for that purpose, by the said Governour and Bayliffs.

All which being accomplisht, about three years after, in a Session of Sewers held at Peterborough xii Oct. 13 Car. the whole Levell was adjudged drayn∣ed; and the ninety five thousand Acres were set out by six or more of the said Commissioners, by metes and bounds, unto the said Francis late Earl of Bed∣ford, his Heirs and Assignes; the charge n of these works to the said Earl and his Participants, having been no lesse than an Hundred thousand pounds.

But notwithstanding this great ex∣pence, it was at length evidently discer∣ned o, that though the lands were very much improved by those works, yet were they subject to Inundation, espe∣cially in the Winter season; and there∣fore in a Session of Sewers held at Hun∣tendon 12 Aprilis; the year ensuing, the said Earl of Bedford's undertaking was adjudged defective.

And on the xxiii of May following, in another Session held at Wisbeche, the particular defects therein, being considered by the Commissioners, there was a new Tax of xv s. the Acre, im∣posed by them; but upon D••ping f••n xxx s. the Acre; Waldersey and Coldham xx s. the Acre; Needham

fen vi ^s. viij ^d: the Acre. For the Marsh∣es within the precincts of Walton, Wallokne, and Walpole in the Coun∣ty of Norfolke, Tyd S. Maries, Sut∣ton in Holand, Lutton, Gedney, Fle••te, Holbeche, Ouaplode, Moul∣ton and Weston in the County of Lin∣colne, Wisbeche, Leverington, New∣ton, and Tyd S. Giles in the County of Cambridge, xl ^s. the Acre. Marsh∣land ••en xx ^s. the Acre; and other the Fens and low grounds in Marshland x s. the Acre. The Common and seve∣ral Fen-grounds lying within the North side o•• Wisebeche, between South Ea bank, Wisebeche River, the old Sea-bank, and the Shire drayn; viz. the Common Fen-grounds lying in Neuton and Tyd within the said North side of Wisebeche xx s. the Acre: and the several Fen-grounds in Neuton and Tyd aforesaid x s. the Acre: and the rest of the Common Fen-grounds lying within the North side of Wisebeche vi s. viij d. the Acre.

The Common and several Fen-grounds in Holand (in the County of Lincolne) viz. the Common at xx s. the Acre, and the several at x s.

And it was then decreed, that the said Tax should be paid in, to the Trea∣surers appointed to receive the same, before the xviij ^th. of Iuly then next ensuing that present Session; to the end that it might be speedily imployed in the work; that so the said Fens might by sufficient Drayning, be made aswell Winter-grounds as Summer-grounds, in all the parts thereof, saving conveni∣ent Forelands and Receptacles for Winter flouds.

Hereupon, his late Majesty King Charles the first of blessed memory, ta∣king this great business into his Princely consideration; and foreseeing that these lands, being p a continent of about four hundred thousand Acres, in case they were made Winter-grounds would be an extraordinary benefit to the Common-wealth (viz. of six hun∣dred thousand pounds per annum, va∣lue) as also a great and certain revenue to all parties interessed: And likewise, because the Owners (who were very many) could not agree to do so great a work (one being willing, and another not; one able to contribute, another not) was therefore pleased to undertake the making of those lands, Winter-ground, at his own charge, whereby the said four hundred thousand Acres might be profitable, firm, and good. And for the better performance there∣of, did command divers Gentlemen, expert in such adventures, to give their advice how these lands might be reco∣vered in such manner, as that they might be made Winter-grounds; to the end the said work might be com∣pleated.

Amongst which the before-specified Sir Cornelius Vermuden was one: who, after view taken thereof, returned their opinions; all concluding it fesible, but differing much in the way to accom∣plish the same.

To give instance of the various con∣ceipts of such whom his said Majesty imployed to inform him therein, it will be needless: howbeit of those, that † exhibited by the said Sir Cornelius Vermuden (a person of greater experi∣ence in Drayning than most others were) was not the least considerable: and therefore it being published in Print, I shall refer my Reader thereto.

But such speed there was made in the farther prosecution of this great and noble adventure, that at a general Ses∣sion of Sewers, held at Huntendon on the xviij ^th. day of Iuly then next ensu∣ing, the said King himself was decla∣red the Undertaker; and to have not only those ninety five thousand Acres, which had been formerly set out for the said Earl; but also fifty seven thou∣sand Acres more, from the Country; his design being (as by the Decree then made at Huntendon, appeareth) to make the said Fens as well Winter-grounds as Summer-grounds, as hath before been expressed, viz. out of De∣ping, Pinchbeck, Spalding South fen, and Croyland fen (alias Gogsland fen) twelve thousand Acres: And out of the rest of the lands out of which the ninety five thousand Acres had been formerly assigned to and for the said Earl of Bedford and his partici∣pants; First the number of twelve thousand Acres, parcell of the said

ninety five thousand (which twelve thousand were then in the possession of his said Majesty, his Fermours or un∣der-tenants:) And the quantity of one hundred and fourty thousand Acres more; whereof eighty three thousand (residue of the said ninety five thou∣sand) to be taken in part, and fifty sea∣ven thousand, in full of the said hun∣dred and fourty thousand Acres, to be indifferently taken and set out of the residue of the said Fens, where or out of which the said ninety five thousand Acres were so decreed or assigned to the said Earl of Bedford; viz. out of such of the said Fens as do lye on the North-West side of the said new Ri∣ver called Bedford River, 29 thousand Acres, in part of the said 57 thousand Acres: And out of those on the South-East side of the said new River, 28 thousand Acres, in full for the said 57 thousand Acres: And for the drayning of the said Common and several low grounds lying in Holand, Com. Linc. within the River Weland, Porson banke, the South Ea banke, the Shire drayne, and the several high Marshes and grounds of the Towns or Parishes of Tyd S. Maries, Sutton, Lutton, Gedney, Flete, Holbeche, Quaplode, Moulton, Weston and Spalding, 19 thousand eight hundred 33 Acres. And for drayning the Common and several Fen-grounds, lying between the South Ea banke, Wisbeche River, the old Sea-bank, and the Shire drayne, in Wisbeche, Leverington, Newton, S. Giles, Tyd S. Maries and Porson drove, the quan∣tity of 4000. Acres.

And for Drayning the Common Fen-grounds of the Towns of Marshland, called Marshland fen, containing by estimation 4000 Acres, the quantity of two third parts (divided into three) And for drayning the Marsh lands lying open to the Sea, in or neer Walton, Walsoken, and Walpole, in com. Norff. between the old Sea bank of Marsh∣land, and the old course of Wisbeche River, containing by estimation 3000 Acres, and of the Marsh lands and Marsh grounds, lying in or neer Wis∣beche, Leverington, Neuton and Tid S. Giles, in com. Cantab. and the course of Wisbeche River and the Shire Drayne there, together with one piece thereof lately imbanked next the said Shire Drayne, containing by estimation 1000 Acres; and of the Marshes &c. lying in or neer Tid S. Maries, Sutton in Holand, Lutton, Gedney, Flete, Holbeche, Quaplode, Moulton and Weston in com Linc. be∣tween the Marsh-grounds there for∣merly imbanked, and the Sea, extending along the Sea coast there (containing by estimation 5000 Acres) the quantity of two full third parts.

And for Drayning of Stretham meere and the Meer-grounds thereof, containing by estimation 300 Acres; the one half thereof, or of so much thereof as shall be drayned.

And for the drayning of the rest of the Meers, Meer-grounds, Lakes and Pools, the quantity of 3 fourth parts of them (or so much of them as shall be drayned) divided equally into four parts.

And that though the said Earl of Bedford had not performed his under∣taking, he should, in recompence of his great charge, in those Rivers, Cuts, and Drayns by him and his Participants made, have 40 thousand Acres to be assigned him, out of the before-mentio∣ned 83 thousand Acres, residue of the said proportion of 95 thousand Acres assigned to the said Earl, as a∣foresaid.

About three dayes following (for it was upon the xxi ^th. of the same Month of Iuly) the said Commissio∣ners still fitting at Huntendon, dispatcht away Letters † of that date, to the Lords of the Council, concerning their transactions then in hand, the tenor whereof were as followeth;

Touching the Great Levell, we have received many and several complaints, from divers Townships therein; that their lands are taken from them, and they have recei∣ved no benefit by the Drayning: upon hear∣ring whereof, and of the proofes by them made, and declaration of divers Commis∣sioners in Court, we find many of them true; and according to his Majesties Instructions to some of us, his Commissioners, we have made an Order to permit them to take the

profits of their lands, and Common of pa∣sture, untill the Drayning be adjudged, so as they shall not pull down, or deface any Mounds, Fences, or Drayning, without due proof made, and a special Order of the Court in that behalf; wherein the Country have received and expressed a great deal of contentment and satisfaction. We have also two several dayes heard M^r. Holborne and M^r. S^t. John, being of Councel with the Earl of Bedford and his participants in the great Level; and they have taken divers exceptions, and argued at large against the Laws of Tax, and proceedings upon this Commission: and their main Ob∣jections tended to destroy, not only these Taxes, Decrees, and proceedings of this kind. And the same reasons, if admitted, would plainly overthrow all the Present∣ments, Taxes, Decrees, and Proceedings, for the Earl of Bedford and his participants. We are now taking into consideration the force and weight of what hath been alle∣ged, and shall therein give a just and speedy resolution; and with all care and diligence proceed to the further execution of this Commission, and setling of this great work.

I have not seen any direct Answer made by the said Lords, unto this Let∣ter: but on the xxiij ^th. of the same Month, there was a Letter dated at Theobalds (the Court being then there) from William Lord Bishop of London, and sent to the said Commis∣sioners, in answer to a Letter of theirs, to him, dated the xxi ^th. the tenor whereof (for so much as relates to this great Level) I have here likewise inserted.

—And because his Majesty intends to see this great work of the Level prosecu∣ted according to his first Princely design (be∣ing for the Countries good, and his own ser∣vice) in such manner as may have just regard to the perfecting the same, with most publick and general advantage to the whole Fens; he is farther pleased to declare himself the sole Adventurer, aswell of Deping fen, as the great Level: and hereafter in or∣dering the same, will have a just respect unto such persons of Honour, and others, as have had any former interest or engage∣ment therein. And likewise well approving the rest of your proceedings, requireth you to go on with the care you have begun: not doubting, but to such things, as have been said by the Council at Bar, touching Com∣missions of Sewers, you will consider the weight of their Arguments, and give them a fitting answer thereunto.

At the Session of Sewers held at Hunten∣tendon 23 Julii 14 Caroli.

Deeping fen 27000 Acres. The charge 27500 ^l 13750 Acres.

The proportion 12000 Acres, where∣of 9000 out of the Undertakers; 3000 out of the Kings, Owners and Commo∣ners: with purpose to come for more, if it will not perfect.

The Meeres and Meer-grounds 4500 Acres. The proportion of 4200 Acres is 34^ths. 3150 Acres.

Stretham Meere 3000 Acres. 300 Acres, a moytie thereof 150 Acres.

Porsand and South Holland 36000 Acres; the charge 11200 ^l. 20000 of the worst at 12 ^d. the Acre; 10000 of the middle sort, at 4 s. the Acre, 6000 of the best at 8 s. the Acre. 2 thirds of the worst 13334 Acre 1. 3 ^d. A moy∣tie of the middle sort 5000 Acres 1 fourth of the best being 1500 Acres.

In toto 19833. Acres.

North of Wisberhe 15000 Acres; whereof 8000 Acres surrounded: a moytie to be decreed, 4000 Acres.

Marshland Common fen 4000 A∣cres. To the undertakers two thirds, viz. 2666 Acres.

The Marshes 9000 Acres. To be imbanked 7000 Acres. The charge 17500 ^l. The recompence two thirds, viz 4666. Acres, and an half.

The Great Levell 306000 Acres; whereof 12000 Acres to the King.

The charge 132900 ^l. The propor∣tion 100000 Acres. Whereof of the Earl of Bedford's already set forth 43000 Acres. Out of the Countrey 57000 Acres. And then left to the said Earl 40000 Acres.

None to be taken till the work be done, and Judgement upon a Win∣ters experience, and that probationa∣ry &c.

The whole to be bound for the works, both the Kings and the Earls; excepting the Kings 12000 Acres.

And moreover to enrich these Coun∣tries by several new Plantations, and di∣vers

ample privileges: Amongst which his Royal intentions, that of the buil∣ding of an eminent Town in the midst of the Levell, at a little Village called Manea, and to have called it Charle∣mont, was one; the design whereof he drew himself; intending to have made a navigable stream from thence to the River of Ouse.

And to manifest his earnest and re∣al purposes, for the speedy perfor∣mance of what was likely to redound so much to the Benefit of his Peo∣ple, and Honour of the Realm, he caused

• 1. A Bank on the South side of Mor∣ton's Leame, extending from Peter∣borough to Wisbeche, to be made; and a navigable Sasse, at Stanground; and began the like Bank on the North side of that Leam.
• 2. He caused a new River to be cut, betwixt the Stone Sluse at the Horshoo, and the Sea below Wisbeche, of Lx foot in bredth, and about two miles and an half in length, with Banks on both sides thereof.
• 3. And lastly he placed a Sluce in the Marshes below Tyd, upon the out∣fall of the Shire Drayn; which after∣wards was swallowed up by the Quick sands.

But here I come to a period of that noble design of this excellent Prince, he being not in a condition to prosecute it any farther; those fatal Clouds, which began to appear in Scotland the year before, by the unhappy combination of that people in a League and Covenant, thickning apace that present year (scil. An. 1638) so that he was necessitated to raise an Army, and to march thither in person, for the prevention of the ap∣proaching storm: which when with no small charge & trouble, he believed he had done, & disbanded his Army, upon assurance of their future more stedfast obedience; they soon after invaded this Kingdom with a powerfull Host, which occasioned his Sacred Majesty to call a Parliament here, hoping both of advice and assistance from his English Subjects, for the getting out and quieting of those turbulent Spirits: But instead thereof, what a foundation the predominant party in the Parliament, confederated with their Brethren the Scots (for by that title they were then pl••ased to call them) had laid for the ruine of the King, the extirpation of his posterity, and enslaving of the whole Nation, I shall not need here to tell, the wofull dayes, which we have seen, being still so fresh in the minds of all good peo∣ple.

The Kings work, therefore, being thus obstructed, and the Country thereupon entring upon the said nine••y five t••ou∣sand Acres, the said late Earl of B••dford, and his Participants, did in the year 1641 make their application to the then Par∣liament, and had their Case com∣mitted: but the flames of war so soon after breaking out, not only hindred them from any farther prosecution of their purpose, but occasioned the works made both by him the said Earl, and his late Majesty, to decay and become useless.

Whereupon William Earl of Bed∣ford, son and heir to Francis then decea∣sed, being willing to prosecute the work, wherein his Father had been so great an Adventurer, making his ad∣dress in the behalf of himself and some other his Participants, to that Conven∣tion sitting at We••tminster, in the year 1649. and then called by the name of a Parliament; was thereby declared to be the Undertaker for the same; and that he should have ninety five thousand Acres, for perfecting thereof, as they were set out in October 13 Caroli, or thenceforth should be set out by virtue of that Act.

The said Earl and his Participants therefore fell in hand with the work; for the better understanding whereof, it will be proper to take notice, that this main body of the Fens, so undertaken by them, is divided into three distinct Le∣vells, viz. the North Levell, the Mid∣dle Levell, and the South Levell, every of which hath its particular Banks and outfalls.

1. That which I call the North Le∣vell, lying betwixt the River of We∣land and Moretons Leame, they de∣fended from Weland by a Bank, be∣ginning at Peakirk, running to Crou∣land, and so to Brotherhouse, where it unites with Holland Bank, which

Bank (as all the rest of the great Banks are generally) is seventy foot broad at the bottom, and eight foot in height. Peterborough water (viz. the River Nene) being also kept off by the like Bank, extending from Peterborough to Guyhirne.

But the Drayns are only those that were before, which were by this Earl and his Participants new scoured and o∣pened: And the outfall is also the same; viz. by Shire Drayne; and the Sluse at Tyd; for the Sluses set in the Marshes are all lost, which cost neer 25000 ^l.

Moreover they caused Wisbeche River to be opened for the length of two miles at least, which was a very great work.

2. The Middle Levell also they de∣fended from Peterborough water, by a large Bank made from Peterbo∣rough to Wisebeche; this being raised upon the foundation of that which the King begun; excepting a little turn in Waldersey Bank.

From the River Ouse they likewise defended it by a great Bank, extending from Erith to Salters lode, on the North VVest side of Bedford River, and made another new River parallel to the said Bedford river, from Erith to Salters lode aforesaid, containing an hundred foot in bredth; and imban∣ked it with Banks on borh sides, of three∣score foot wide at the bottom, ten at the top, and eight foot in height: The other new Drayns which he and his Participants made or repaired within this Levell being these; viz. Uermu∣dens Ea, Hamonds Ea, Stony Draine, Nene old Chanel, Pophams Ea, Marshland Cut, Moores Drayne, Witlesey Dikes, and some other small ones: And the Sluses, those at Salters lode, Pophams Ea, and Marshland Cutts.

3. For scou••ing the South Levell from the overflowings of Ouse, they raised also a great Bank from Over to Salters lode: The lesser Rivers, viz. of Grant, Mildenhall, Brandon, and Stoke being defended by smaller Banks.

From Salters lode to Stow bridge, they likewise caused a large River, of one hundred and twenty foot wide, and ten foot deep, to be cut, for the more spee∣dy conveying away of the waters; which River is now called Downham Ea: As also two great Sasses at Salters lode, for the passage of Boats and other great Vessels; with three Sluses at the end of Downham Ea: And divers small Drayns, viz. Grunty fen Drayn; the In-Drayn to the Bank of the Hun∣dred foot River; Reach lode, and many others.

So that, having accomplisht the whole work within the compass of five years, the said Level was by a Decree of Sewers made at Ely on the 25^th. of March Anno 1653. adjudged to be fully drayned: Whereupon the said Earl and his Participants had possession of those ninety five thousand Acres awarded to them.

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Notes

• †

  Penes R••∣mem. Regis in Sca••c.
• a

  Ex ••od. MS. penè•• O••. S. Iohn. A••m. f. 163. b.
• 11 I••lij. 2 Iac.
• †

  Ib. 198. b.
• 3. J••c. An. 1605.
• Ibid.
• 2. Apr. An•••• 1605.
• b

  Ib. f. 194. a.
• 22 Apr. 3. J••••. A. 1605.
• c

  Ibid. b.
• d

  Ib. f. 200. b.
• 21 ••uni••.
• Iunij. 22.
• Iunij 24.
• This River is now cal∣led Popham's Ea.
• I••nij 25.
• Iunij 26.
• I••nij 27.
• e

  Ib. f. 204, a.
• 24 Iunij 3 Iac. Anno 1605.
• f

  Ib. f. 194. b.
• g

  Ib. 197. a.
• 13 ••••ly 3. ••ac. an. 1605.
• h

  13 〈◊〉〈◊〉. 3. ••ac. an. 1605.
• i

  I••. f. 204. ••.
• k

  Ib. f. 195. a.
• 23 Iulij. 3. Iac.
• l

  Ib. 199. b. A••g. 5th.
• An. 1605.
• Popham lode begun.
• m

  Aug. 7th.
• †

  Ib. f. 199. b. 11 Dec.
• 15 M••rtij.
• 21 Martij.
• Ib. s. 195. b.
• o

  Ib. f. 196. a.
• Ult. A••g. 4 Iac. Anno 1606.
• p

  Ib. f. 196. b••
• q

  Ib. f. 207. a.
• Ib. 167. b,
• 4 •• Iac••
• r

  Ib. f. 116. ••. 26 Iulii 6 Iac. An. 1608.
• ☜
• P••pham Ea.
• s

  Ib. f. 210. b. 7 Iunii 7 Iac.•• An. 1609.
• 1 Aug. 7 Iac.
• Ib. f. 200. a.
• An. 1609. 23 ••ug. 7 ••a••.
• t

  Ex bund••llo De••••••torum in Officio nun••u∣pa••o th•• Pet∣tib••g.
• 6 Iulii 8 Iac. Anno 1610.
• u

  Ex praefato cod. MS. p••n••s O. Iohn Arm.
• w

  Ib. f. 226. a. 20 M••ui. 9 Iac. an. 1611.
• x

  Ib. f. 299. b. 2 Aug. 9 Iac.
• y

  Ibid.
• z

  Ibid.
• a

  Ibid.
• ••1 Sept. 9 Iac.
• 26 S p••.
• b

  Ib. f. 299. ••.
• ☜
• 8 O••t. 9 I••c. Anno 1611.
• c

  Ib. f. 200. a.
• f

  Ib. f. 237. a. 8 Nov. 14 I••c. An. 1616.
• Anno 1617.
• g

  Ib. f 250. b. 9. Ma•••• 15••••
• 10 S••pt. 15 I••c.
• h

  Ib. f. 42. 1
• 11 Nov. 15 Iac.
• i

  Ib. f. 258. a.
• (2 R. 2.)
• ☞
• h

  Penès Dec. & Ca••. Eccl. ca••h. Pet••rb.
• The extent of Widelode
• ☜
• 24 Feb. 15 Iac. An. 1617.
• l

  Ex bundello Decretorum in Officio vocato the Petti∣bag.
• Ib. f. 251. a.
• a

  Ib. 252. a.
• 9 Martij. 15 Iac.
• b

  Ibid. b.
• 17 Martij.
• o

  Ib. f. 253. a. 19 Martij 16 Iac.
• I••. 253. ••. 39 M••••i. 16 Iac.
• q

  Ib. f. 242. ••. 19 Iun••i 1618 (16 Iac.)
• 12 Aug. 1618. (16 Iac.)
• Ib. f. 246. ••. b.
• Sept. 20. 1618. 16 〈◊〉〈◊〉.
• r

  Ib. 245. a. 20 Aug. 1618. (16 Iac.)
• s

  〈◊〉〈◊〉. f. 246 b. 29 N••v. 16 Iac. Anno 1618.
• t

  Ibid. f. 256. a. b.
• u

  Ib. 256 b. 4 S••pt. 17 Iac. Anno 1619.
• x

  Ib. f. 257. a. 5 Sep••. 1619.
• y

  Ib. b. Et f. 238. 8 S••pt. 17 Iac. An. 1619.
• Ib. f. 259. a. 23 Sept. 1619.
• a

  Ib. f. 260. a. 1•• S••pt. 1619.
• b

  Ibid. b. 4. Oct. 1619.
• c

  Ib. f. 261. a. 15 Oct. 17 Ia.
• d

  Ib. f 263. a. 5 D••c. 1619.
• ••ession of Sewers at Spaldin•• 16 Dec. 17 Iac.
• †

  Ex bund••llo D••••••••torum in Officio nuncu∣pato the P••••∣tibag.
• e

  ••••id. p. 〈◊〉〈◊〉 Febr. 16••••.
• f

  〈◊〉〈◊〉 264. h.
• 1•• 〈◊〉〈◊〉 16••••. 18 ••ac.
• g

  Ib. f. 165.2.
• h

  Ib f. 265 b 11 Ma••j. 1620. 18 Iac.
• r

  Ib. f. 266. a.
• k

  Ib. f. 267. a. 25 Iulii. 18 Iac.
• l

  Ibid. 20 Iulii. 18 Iac.
• m

  Ib. f. 267. b. 17 Aug. 1620. (18 Iac.)
• 19 Iac.
• ☞
• 6 Ian. 5 Car. Anno 1629.
• 1 S••pt. 6 C••r.
• 13 Ian. 6 Car.
• 13 M••rtii. 10 Caroli.
• 12 Oct. 13 C••r. Anno 1657.
• n

  Discourse touching the Drayning of the Fens, by Sir Corn. Vermuden p. 2.
• o

  Ibid.
• 12 Apr. 14 C••r. Anno 1638.
• 23 M••••i.
• p

  Discourse by Sir C. Vermuden, ut supra, p. 2 & 3.
• †

  Discourse concerning the Drayning of the great Fens, Impr. Lond. 1642.
• 18 Iulii 14 Car. Anno 1638.
• 21 Iulii 14 C••r. Anno 1638.
• †

  Ex Collect. praenob. M••n∣••••gu Comitis de Lindsey.
• ... Mai. An. 1649.
• 25 M••••tii. An. 1653.