CAP I.

THAT works of Drayn­ing are most antient, and of divine institution, we have the testimony of holy Scripture. Gen. 1.9. In the beginning God said, let the waters be gathered together, and let the dry land appear; and it was so: 12. And the Earth brought forth grass, and herb yielding seed, & the fruit-tree yielding fruit after his kind; and God saw that it was good.

Again, after the Deluge, it was through the divine goodness, that Gen. 8.13. the waters were dryed up from off the Earth, and the face of the ground was dry.

And that those Nations, which be of greatest antiquity, and in chief renown for Arts and Civility, are also famous for their works of this nature, is evident from the practice of the AEgyptians, the Babylonians, the Graecians, the Romans, and several other, of which I shall give instance.

Egypt.First therefore of Egypt; because Herod. lib. 2. cap. 35. that Countrey is more mervailous than any other; and that the works there, are more remarka­ble than the Countrey. This lyeth in a great length from South to North, between Arabia and Lybia, and is watered with the River Nilus: a stream that all the Winter keepeth Ibid. l. 2. cap. 19. within his banks; but at the Summer Solstice beginneth to exceed; and swelling an hundred dayes, is almost as long a time in retreating. Which con­stant inundation is so commodious; that those surrounded parts, as an eminent Hi­storian Strab. lib. 17. p. 786. D. testifieth, are only habitable; and that whatsoever place on either side the Ri­ver, riseth in such a manner, that it cannot receive the floud, remaineth desert and un­inhabited through want of water.

We may therefore esteem the AEgyp­tians to have been the first Masters in this Art of Drayning, whom necessity and profit induced to imploy their wit and labour, to the improvement of their Countrey, and making the best advan­tage of that exorbitant River; wherein they became most excellent; their work­man-ship about the River Nilus, being such (as the same learned Author Ibid. p. 787. D. ma­nifesteth) that Industry surpassed nature: for Egypt (saith he) though naturally fruitfull, being watered is more fruitfull: And though, according to the course of na­ture, the greatest increase of the River, wa­tereth the most land; yet, through industry, it was so brought to pass, that oftentimes, when nature was defective, there was by the help of Trenches and Banks, as much ground watered with the smaller flouds, as with the greater: Ibid. 788. D so that at high floud the Coun­trey is all a Sea, except the Cities and Vil­lages; [Page 2] which, being situate, either on Natu­ral hills, or Artificial banks, at distance seem to be Islands.

The Plin. 5.9. just increase (of this flowing) ap­peareth to be xvi. Cubits: Lesse watereth not all; more is too slow in retreating: too much water keeping the ground wet too long, loseth the season of sowing: too little affor­deth no season, through drougth. The Coun­try reckon upon both. At xii Cubits they foresee famine; at xiii hunger; xiv bring mirth; xv security; xvi plenty.

The AEgyptian Trenches therefore were of two sorts; either for avoidance of superfluous water, or disposing of what might be useful; there being no­table examples of both kinds. Of the first sort are those many out-lets made by hand, for the Rivers more current passage into the Mid-land Sea; the na­tural mouths of Nile being insufficient: for the septem ostia were not all natural. Nilus Herod, l. 2. c. 17. having run through Egypt in one stream, to the City Cercasorus, thence di­videth it self into three Chanels; one run­neth Eastward towards Pelusium; th [...] o­ther Westward towards Canobus, from whence they are denominate; the third, di­viding Delta, runneth straight forward to Sebennitus, from whence it hath it's name; and there is divided into two other streams, the one passing by Sais, the other by Mendes, receive their names from those Cities: But the Bolbitique & Bucolique Chanels, are not natural, but made by dig­ging.

This Island of Egypt towards the Sea, between the Pelusia (que) and Canobi (que) Chanels, is Strab. p. 788 C. called Delta, from the form of the letter Δ. Between these two mouths, besides the five before named, there are many smaller: For from the for­mer, there are divers subdivisions, through­out the whole Island, which make sundry Water-courses and Islands; so as one Chanel being cut into another, it is navigable every way. The reason why these lower parts were cut and Drayned in such extraor­dinary manner, may be supposed to be (besides the convenience of navigation) for that they were more apt to silting; whereof the AEgytian Priests had good experience: For Herod. l. 2. [...]ap [...] 13. in the Reign of King Myris, when the River rose not above eight Cubits, it watered all Egypt below Mem­phis: But now (in Herodotus his time,) unlesse it rose xvi or at least xv. cubits, it o­verflowed not that part of the Country: Herodotus out­lived Artax­erxes Longi­manus K. of Per­ [...]ia. Myris, or Maeris, reigned in the tenth Century after the floud. Nor was there nine hundred years passed from the death of King Myris, to the time that Herodotus heard this from the Priests.

Amongst this sort of works, against the inconvenience of the River, may be reckoned the inbanking Herod. lib. 2. cap. 137. of Cities, which Sesostris first performed: But those works, especially at Bubastis, were after height­ned by Sabacon the AEthiopian, who im­ployed therein all persons condemned to death. The other kind of Trenches, extending the benefit of the inundation beyond nature, is more commendable, having lesse of necessity, but more for imitation. The first of these was made by King Maeris, into a Lake on the Lybi­an side, which bears his name: which Lake (saith Herodotus li [...]. 2. c. 149.) is three thousand & six hundred furlongs in compass (being the measure of Egypt along the Sea coast) and lyeth in length North and South; the grea­test depth being [...]ifty paces. Almost in the middle thereof, stand two Pyramids, each fif­ty paces above water, and as much below; in all an hundred paces; there being upon each a Colossus sitting in a Chair. The wa­ter of this lake is not esteemed to spring in the place (the soil being very dry) but cometh out of Nilus by a Trench; flowing six moneths into the lake, and ebbing as many into the Nile; yielding into the Kings trea­sury, for the Fish taken therein, a talent of silver, for every day of the six moneths ebb; and twenty minae when it floweth. The AEgyptians would have it believed, that this lake was made by hand, and dugg, by reason of the Island and Pyramids in it: and when it is objected, that there is no sign of earth cast out, they say that it was thrown into the River Nile.

After him also King Sesostris, return­ing victorious out of Asia, and bringing Herod. l. 2. c. 107. with him a multitude of people out of the subdued Countries, enforced them to digg sundry Water-courses, which are still in E­gypt; improvidently making the Countrey, which before was passable with Horse and Waggon, to want that conveniencie: for from that time, though Egypt be all plain, yet can neither Horse nor Waggon passe, by reason of the Cuts, which are many and va­rious: But the reason why he so trenched the Country, was, that the Cities more remote from the River, might not want water to drink, upon the recess of the stream.

[Page 6]There were also very remarkable Trenches on the Arabian side of Egypt. As that at Strab. p. 804. B. Pelusium, which filleth the two Lakes, that have their names from the Fenns there; besides other Lakes and Trenches into them, in those parts, without Delta; and two others which meet in a Lake in the Sethroitique division: For Egypt was by Sesostris divided into xxxvi parts, in Greek [...], in En­glish you may call them Shires: but that is the most famous Trench, which was drawn into the Red Sea.

It was first Hero [...] 2 c 158. undertaken by King Ne­cos, the Sonne of Psamnitichus, (This is that Pharaoh Nechoh, King of Egypt, who slew 2 Kings, c. 23. v. 27. Iosias King of Iuda, in battel at Megiddo) being seconded by Darius King of Persia. The length of He [...]od. ut su­pra. this trench was four dayes sail: the bredth such as two Gallies might row together. The water of Nile entred into it a little above the Ci­ty Bubastis, and passing by Patumos (a City of Arabia) entred the Red Sea. They began to digge in the plain of E­gypt, towards Arabia, running a great way from West to East, by the foot of that Hill, neer Memphis, in which is the stone quarry: Then turning South, through the parting of the Hill, into the Arabian gulf. The passage from Mount Cassius, and the North Sea, unto the Red Sea, is a thousand furlongs: But by this Trench, the way was longer, being not so straight. In the digging hereof, there perished an hundred & twenty thousand AEgyptians. Necos, having half done, desisted, being discouraged by an Ora­cle; which said, he wrought for the Barba­rians: So the AEgyptians call all that use not their language.

Strabo (who lived under Tiberius) saith Li [...]. 17. p. 804. B. that this Water-course issued into the Red Sea, or Arabian gulf, at the City Arcinoe, which some call Cleopatris; and that it passed through those Lakes, which are cal­led Bitter. (They had the name of Exo. 15.23. Ma­rah; because the children of Israel, at their departure out of Egypt, could not drink of those waters.) But the water of those Lakes, though in old time bitter, was chang'd Strab. ib. upon the making of this new River, and mingling with fresh water; and now bred good Fish and abundance of water­foul. He saith, that this Trench was first made by Sesostris, before the Trojan war; or (as others relate) it was only begun by the Sonne of Psamnitichus, who soon died. Af­terwards it was again undertaken by Darius the first; who having almost finished the work; gave it over, out of a fond conceipt, that the Red Sea was higher than Egypt; and that if the whole isthmus were cut, Egypt would be drowned with the Sea. But the Ptole­maies, Kings of Egypt, cut it through and set a Sluce upon the Chanel, that they might sail out into the Sea, and in again, as they pleased. It was Ibid. p. 805.an hundred Cubits in bredth, and deep enough for a great Ship.

The intended benefit of this Chanel, seemeth to have been an intercourse be­tween the Midland Sea, and the Atlan­tique; and a communication of traffique, by water, between Europe and the East-Indies: but I do not find, that any great use was made thereof to that purpose: For in after-times, the way of trading in­to those Eastern parts, was either from the Port of Gaza, to Aila, a Port-Town situate neer the bottom of the Arabian gulf, on the East side thereof; or from Coptus, a Town of Egypt, on this side Thebes, to Berinice a Port on the West side of the Red Sea.

This passage, from Gaza to Aila, is said [...]. l. 1 [...]. p. 759. to be 1260 furlongs. There are two ways, one through Arabia, the other through E­gypt, by Heroopolis; to which the near­er way is by Pelusium: the way through the Deserts and Sands, is going by Ca­mels, and is obnoxious to Ser­pents.

From this Elath, Solomon made 2. Chr [...]. 8.1 [...] his voyage to Ophir. The Town was lost 2 King. 8.20 in King Iorams reign, when the Edo­mites revolted; but it was recovered 14 22. by Azariah; and under Ahaz lost 16. 6. again to Rezin King of Syria. It was a frontier Town of the Roman Empire, and the Sta­tion S. Hie [...]on. de loci [...]. of the x Legion.

The other passage from Coptus to Berinice, is reckoned 258 miles, the particular stations whereof, you have in the Itinerary of Antoninus. They were setled, Strab. l. 17. p. 815. B. and Inns erected by Philadelphus; because the innermost part of the Red Sea was not so navigable This Coptus was a common Town, both to the AEgyptians and Arabians, and the mart for all Indian, A­rabique and AEthiopique Commodities; from whence was a Chanel Ib. p. 79 [...]. C. cut into the Nile, whereby the Merchandizes were transplanted to Alexandria. Which place being, from the Macedonian times, [Page 4] the head of all Egypt, ought not sleight­ly to be passed by; because none ever had the like advantage of artificial Wa­ter-courses: By which in short time it became, for greatnesse, populacy, wealth, and pleasantnesse, one of the most re­nowned Cities of the world.

The antient AEgyptians superstitiously abhorred the Sea, and had them in ab­homination, who got their living by it. And albeit, according to the Chronolo­gy ofAn. 1230. Eusebius, they had the dominion of the Sea, in the Reigns of Psamnis, and Bocchoris, a little before the first Olympi­ade, (which was not suitable to the di­stracted condition of Egypt in those times:) Yet it is certain, that Herod. l. 2. c. 154 the AE­gyptians never had any Sea-Port; that Psamnitichus was the first that Ib. c. 178. admitted strangers to inhabit; that Naucratis (on the Chanel of Canopus) the on­ly mart Town of Egypt, was opened by Amasis, who (took Cyprus and) dyed the same year that Egpyt was lost to the Persians.

Neither was the coast of Egypt fit for navigation, being Strab. l. 17. p. 791. harbourlesse, low, and full of flats and shelves, except where the Island P [...]arus, lying in length before a Bay, at a village called Rhacotis, a hun­dred and thirty furlongs from Canopus, afforded the means of a Haven, whereof nei­ther the AEgyptians nor the Persians made use; but held a guard there, to keep off stran­gers: Howbeit, Alexander the great, see­ing the opportunity of place, caused a City to be built there, which bore his name; the foun­dation whereof was laid with Brann, instead of Chalk, which was taken for a good omen. Which City was seated as it were) between two Seas; having on the South the Lake Mareia, or Mareotis: But it had been an intolerable inconvenience to have dwelt in a dry Country, so far from the River Nilus, had not that discommodi­ty been avoided by means of artificial Ri­vers: Therefore that navigable Chanel was made from Canopus, which be­came Strab. p. 8 [...]0. famous for the practise of Lux­ury.

Another navigable River was also Ib. p. 795. a. made from the Haven, on the Mid-land Sea, to the said lake Mareotis. This Ib. p. 793. a. lake is filled from the River Nile, by many Tren­ches, as well from above, (that is, out of the Lake Meris, whereof I have spoken) as on the sides of it, by Trenches cut im­mediately from the Nile; and having eight Islands in it, containeth Ib. p. 799. c. above an 150 furlongs in bredth, and neer 300 in length, being well inhabited round about, and affording good Corn. By which Water-passa­ges Ib. p 793. a. much more Commodities were brought to Alexandria, than by Sea; so as the Ha­ven on the Lake side, was richer than that on the Sea; and more goods carryed from Alexandria to Italy, than from Italy thi­ther, as plainly appeareth by the Vessels, more or less fraughted, which pass to and again from thence and from Puteoli. Besides the wealth that is brought in at both Havens from the Lake and Sea, the goodness of the air is not unworthy to be remembred; it be­ing occasioned by the water on both sides of the City, and the seasonable rising of the River Nilus: For whereas other Towns, situate by Lakes, have in the heat of Summer a gross and stifling air, forasmuch as their banks being left muddy, slimie exhalations are drawn up by the Sun, which make the air un­wholesome, and occasion sicknesse, here, in the beginning of the Summer, the Nile being full, filleth the Lake, leaving no part muddy to exhale any malignant vapour: At which time, the Etesian winds blow also from the North Sea, so as the Alexandrians passe the Summer pleasantly.

And that the improvement made in Egypt by the drains and new Rivers, af­ter the building of Alexandria, was very large, appeareth by these following in­stances, in several ages. In Diod. Sic. p. 19. B. the sacred Commentaries of the antient Priests, there were numbred in Egypt Cities and Towns of note, eighteen thousand. Under Ama­sis (the last King before the Persian Conquest,) there were Herod. l 2. c. 177. twenty thou­sand Towns in Egypt inhabited. And under Ptolomy the first, above thirty thou­sand.

The Printed Copies of Diodorus have only [...]: But that reading is faulty, as appeareth by the preceding numbers, and the testimony of Theocri­tus, who was one of the seven Pleiades in the Court of Philadelphus, the second Ptolomy, in whose Territorie there Theoc. Id. l. 17. v 82. were thirty three thousand three hundred thir­ty nine, the improvement seeming then to be more compleat.

Howbeit, in tract of time, through great neglect, these Trenches and Drayns, by which the overflowing of the Nile so much inricht this Country, were filled [Page 5] Suet. in Aug. cap. 18.with mud: But Augustus Caesar having reduced Egypt into the condition of a Province to the Roman Empire, caused them to be scoured Suet. in Aug. cap. 18. by his Souldiers: which noble work did so much restore it to the fertility it formerly had; and con­sequently increase the populousnesse thereof, that the number of persons there inhabiting, over and besides the A­lexandrians, were shortly after, found to be no lesse than seven millions and five hundred thousand, as the tribute Ioseph. de bello Jud. l. 2. cap. 16. mony paid by every head doth manifest. And thus much for Egypt.

CAP. II. BABYLON.

I Am now come to that sometime fa­mous City of Babylon, situate in a low and flat Country: Of which Sir Walter Rawleigh (giving a reason, why there is so little written of Belus, who succeeded Nimrod the first Assyrian Mo­narch) saith, Hist. of the World. l. 1. cap. 10. Sect. 4. that it is thought he spent much of his time, in disburthening the low Lands of Babylon, and drying and making firm grounds of all those great Fens and over-flown Marshes, which ad­joyned to it.

How the parts hereabouts came thus to be surrounded, let us hear what Pliny saith, which is thus in effect. The River C. Plin. nat. hist. lib. 5. c. 26. Euphrates being cut into two parts, stretcheth it's left arm into Mesopota­mia, by Seleucia (the principal City in Syria) and so into Tygris: and it's right arm to Babylon, the chief City of Chaldea; whence, passing through the midst thereof, it runneth into the Fens. It is reported, Ib. lib. 6. c. 26. that this division of that River was made by Gobaris the Prefect, lest otherwise, by it's violent course, it might have infested the City of Baby­lon: but by the Assyrians it is called Ibid. Naarmalcha, which signifieth the Kingly River.

That the inundations from this River, are occasioned upon the same reason as those of Nilus before spoken of, we have not only the testimony of the before specified Plin. nat. hist. l. 5. c. 26. Author, but of Strabo, whose words Str [...]b. l. 16. p. 740. are these,— Exundat enim Euphrates aestate, sub ver incipiens, &c. Euphrates overfloweth in Summer, begin­ning at the Spring time, when the Snow in Armenia melteth; so that the Fields must needs be overwhelmed with water [...] unless that the flood be diverted by Trenches, in such sort as they restrain the River Nilus in Egypt; hereupon therefore is it, that Cha­nels are digg'd. &c.

That the Banks and Drains made by Belus, did not fully accomplish that work of Drayning above mentioned: or in case it did, that after-ages, through dis­continuance of their repair, were little the better for them, appears by the rela­tion of Herodotus; He [...]od. l. 1. p 76. who speaking of those two famous Queens of Babylon, viz. Semiramis and Nitocris, saith of Se­miramis, (who reigned five ages before the other) Haec per planitiem aggeres extru­xit, spectando dignos, quum antehac flu­men eam restagnare solitum, (id est) She raised Banks throughout the whole Levell, worthy of observation, whereas before she did so, it was wont to be drowned by the Ri­ver.

And of Nitocris, that I [...]id. being more ac­tive & diligent than her Predecessour,— ante omnia Fluvium Euphratim, &c In the first place she diverted the stream of Eu­phrates into crooked Chanels, which before ran in a straight course, through the midst of the City, levelling the Ditches above, so that it might thrice flow into Arderica, a certain village of Assyria; and that those things which were conveyed by the Sea towards Ba­bylon, through the River Euphrates, should thrice land at this village, for three dayes together. This she thus accomplisht. And likewise upon the verge of the said River, on each side, she raised Banks, for bignesse and height wonderful to behold.

Moreover, far above the City, and at some distance from the River, she digg'd a Chanel for the Fen, as deep as the water: which was in bredth every way, near three hundred and twenty furlongs: And the Earth digg'd out of it, she brought to the Banks of the River [...] the brims whereof she strengthened with stones, in such places where the weight of the said Banks did oppresse them. These two works, viz. the turning of the River into that winding posture, and the making that Drayn, she did; first to the end that the said River, by the many bendings thereof, might glide more gently; next, that the pas­sages of Ships towards Babylon, might [Page 3] be crooked; and lastly, that by those Navigations, the long Turnings of the Chanel might be sustained.

CAP. II. GREECE.

Greece:I Next come to those works of this kind, as were performed by the Greci­ans, wh [...]reof I shall give instance, in Thessalie and Acarnania. The first of these is said H [...]rod Po­lymnia l. 7. c. 129. p. 423. to have been antiently a Lake, being on every side inclosed with Mountains: For on the East it hath the Hills Peleon and Ossa, mutually joyn­ing at their descent; to the North, Olym­pus; to the West, Pindas; and to the South, Othris. The Valley betwixt these Hills, is Thessalie. Among other Rivers that flow into it, these five are the chiefest, Peneus, Apidanus, Onocho­nus, Enipeus and Pamisus, which running from the Hills, incompassing this Country, meet in the Plain and be­come one stream; which at one passage, and that but narrow, issueth into the Sea: from the confluence of these waters, Pe­neus continueth the name.

It is reported, Ibid. that in old time, when as yet there was no out-let, these Rivers, and the Lake Bebeis besides, were not called as at present, although they did run no less than now; but running made all Thessalie a Sea. The Thessalians them­selves say, that Neptune made that pas­sage, by which Peneus floweth into the Sea: For the Greeks ascribe all beneficial inventions to their Gods: And Herodo­tus taketh it to be the effect of an Earth­quake: But no man can deny it to be a very remarkable work of Drayning. And that it is now a place of extraordinary pleasantness, I shall refer my reader to the Map of Tempe, in Ortelius his Parer­gon.

Of Acarnania, this is observable, Herod l. 2.10 that where Achelous (a River of that Coun­try) runs into the Sea, it hath already made continent one half of the Islands, called Echinades: and that the Fable goes, that Strab. l. 10. n. 458. Hercules, here, encountring with Achelous, who is said to have trans­formed himself into a Bull, because of the roaring noise of the River; broke off one of his Horns, and gave it to Oeneus in pledge of his marriage with Deianeira his daughter. They which collect truth out of Fables, say, that Hercules, who was generally beneficial, for Oeneus, his Father in Law's sake, restrained the ex­orbitant overflowings of this River, with Banks and Trenches; and drayned a great part of the adjacent Country; and that this was the Cornucopia, which the Poets made to be the emblem of Plenty.

CAP. V. Of the ROMANS

THAT the Roman works of this na­ture, were not a few, and those very eminent, I shall next make manifest; by their drains in the Pompeian Marshes; the Fossa Mariana; the improvements about Placentia, and Gallia Cisalpina; the restraint of the River Tiber in it's over­flowings; and the exsiccation of the great Fucine Lake in Italy.

CAP. V. The Belgi (que) Provinces.

FRom the works of the Romans, in I­taly, (wherein I have instanced) I now come to Belgi (que) Provinces.

This Country was part of Gallia; but so full of Woods and Fenns, that the victorious Caesar could not conquer it. — Omnes Gallias, nisi quae paludi­bus inviae fuere, ut Salustio docetur auto­re, post decennales belli mutuas clades, Cae­sar societati nostrae faederibus junxit aeter­nis, saith Li [...]. [...]v. Am. Marcellinus. (i. e.) All France, except the Fenny parts, which are not pa [...]sable, after ten years warr, was by Caesar reduced. And afterwards saith Ibid. l. 39 farther, Hae verò Galliae, &c. But these parts of France, being, by reason of the Fenns, unpassable, are the Province of the Menapii, which Caesar could never possess, as Dion Cassius testifieth; who speaketh of Caesar thus. — After this he mar­ched with his Forces against the Morini, and the bordering Menapii, whom he thought had been terrified with his other warlike atchievements, and easie to be conquered, though he had subdued none of them: How­beit, they, not dwelling in Towns, but in Cottages, within Fenny places compassed with thick Woods; having hidden whatsoever they had most estimation of, did more annoy­ance to the wearied Romans, than they re­ceived from them. 'Tis true, that Caesar cutting down the Woods, did attempt to passe the said Fens: But by reason of their greatnesse, and that the Winter season approached, despairing of suc­cesse, he forbore the enterprize.

Now, that this part of Gallia, here spoke of, is the same which we at this day call Flanders, we have the testi­mony of a late learned Writer O [...]iva [...]ius V [...]ed [...]us, in hi [...]t. Com [...]landr. de vet. F [...]and. c [...]p. 1. p. 3.. Quam­vis in Flandriâ fuisset hic author, &c. (saith he.) If this author had been himself in Flanders, and made a strict ocular Sur­vey thereof, he conld not more exactly have described it, as it antiently was: For the Nervii and Attrebati, first met with vast Woods, about Gant, Ipres, and Cortray, even to Bruges; and afterwards, having passed the woods; with mighty Fens, where now the Territory of Franc....., F [...]rne, and Berge, are, extending to the main Ocean. It is the opinion, therefore, of some learned men, that it hath it's name from the watery and Fenny situation thereof: And Uredius Ib. c. 1. p. 9. taking notice of Kilianus his exposition of the word ulacke, that it signifies aestuarium, locus vicissim aestu maris, vel nudus, vel aquis stagnantibus offertus; id est, a place where­unto, either the Sea-tides do eb and flow, or that is filled with standing waters, hath this expression— Adeo (que), quia toto illo tractu, ab Ardenburgo Dixmudam us (que), & ultra, plura ejusmodi aquosa loca & pa­ludosa occurebant, toto regio Ulaendren dicta, undè Flandrae, numero plurali, voce in latinitatem deflexâ: i. e. Therefore be­cause in that whole tract, from Ardenburg to Dixmuth, and beyond, there be many of those watrie and Fenny places, all the Coun­try is called Ulaendren, and thence Flan­ders, in the plural number, the word being declined into Latine.

Much more could I adde, from the authority of Authenti (que) Historians, to manifest how full of Marshes, Lakes, and Fenns, this Country antiently hath been, were it needful, though now there be little appearance that ever it was so; forasmuch as by the industry of the Inhabitants, those Fenns and Marshes are so Banked and Drayned, that the fertility thereof hath made it one of the most rich and populous Countries in this part of the world.

There are those who affirm, that Bald­win the first, having wedded M [...]n [...] Cos­m [...]gr. lib. 2. p. 119. Iudith, daughter to the Emperour Charles the bald, who was also King of France, had by the gift of the said King, this ter­ritory of Flanders, whereof he was made Earl: And that this Baldwin, be­sides his building the Castle of Bruges, and other places of strength, did much in clearing of the Woods and exsicca­tion of the Marshes, for making the Country more habitable and fruitfull. That this is undoubtedly true, I am in­duced to believe, from what the learned Uredius, before-mentioned, saith of this Earl; viz. —Eo anno, sc. DCCC­Lxiiii. & anno sequenti, Baldvinus operam adhibuit Brugensi castro & vico, aquis & firmitatibus muniendis, adversus Nor­mannos, ex Edictis Synodi Pistensis anno DCCCLxii. & DCCCLxiii. quae ha­bentur in Capitulis Caroli Calvi, editis â [Page 11] ☞Sirmondo — ut illi qui in hostem pergere non pot [...]erint, juxta antiquam, & aliarum gentium consuetudinem, ad Civitates no­vas, & pontes, ac transitus paludum ope­rentur; & in Civitate at (que) in marchâ wu [...]actas faciant ad defensionem patriae, omnes sine ullâ excusatione veniant. i. e. In the year DCCCLxiiii. and the year following, Baldwin bestowed labour in fortifying the Castle and Town of Bruges, with Moats and Bulwarks, against the Normans, by virtue of the Edicts of the Pistensian Sy­nod, held in the year DCCCLxii. and DCCCLxiii. which are recorded in the Statutes of Charls the bald, published by Sirmondus — viz. that they who were not able to march against the Enemy; should, according to the antient custome of other Nations, be imployed in the making of new Cities, Bridges, and passages over the Fens: And, without any excuse, should come to raise Banks in the Cities and limits of the Country, for the defence there­of.

The story of drayning that part of this Country, lying betwixt Dam and Ar­denburg, and thereby making it habita­ble, being very memorable, and much to the honour of those who were active in that work, I shall in the next place ex­hibit.

In Hist. of the Netherlands p. 14 & 15. the year MCLxix. Floris Earl of Holland, demanding the Isle of Walchren, in Zeeland, from Philip Earl of Flanders; after a warr betwixt them, upon this quarrel, they came to an accord; viz. That Count Philip should enjoy to him and his heirs for ever, the Land of Waes, (which is one of the best quarters of Flanders, which the Earls of Holland had for­merly held) and Floris to be restored to the said Isle of Walchren; in conside­ration whereof, he should send to Count Philip a thousand men, expert in ma­king of Ditches, to stop the breach, which had been made neer unto Dam, or the Sluse; whereby the Countrey was drowned round about, at every high Sea; the which the Flemings could by no means fill up, neither with wood, nor any other matter, for that all sunk as in a gulf without any bottom, whereby in processe of time, Bruges and all that jurisdiction had been in danger of be­ing lost by inundation, and to become all Sea, if it were not speedily repaired. Wheerupon Count Floris sent the best workmen that he could find in all his Countryes: who being come to the place, they found a great hole, neer un­to this Dam; and at the entrance thereof, a Sea Dog, that, for six dayes together, did nothing but cry and howl very terribly. They not knowing what it might signifie, resolved to cast this Dog into that hole; whereupon a mad­headed Hollander, getting into the bot­tome of the Dike, took the Dog by the tail, and cast him into the midst of the Gulf, with earth and turf after him; so as, finding a bottom, they filled it up, by little and little.

And because many workmen, that came in to the repairing of this work, lodg'd in Cabins (which made the place seem a pretty Town) Count Philip gave to them, and such others as would inhabit there, as much land, as they could recover, from Dam to Arden­burg, for them and their successors for ever, with divers immunities and free­domes; by reason whereof, many plan­ted themselves there, and in tract of time made it a good Town; the which, by reason of this Dog, so cast into the hole, they named Hontsdam; that is to say, a Dogs-Sluce; Dam in Flemish signifying a Sluce, and Hondt a Dog: And therefore, at this day, the said Town (now called Dam) carryeth a Dog in their Arms.

After this, viz. in the year of Christ MCLxxx. were the Banks from Dam to Sluse (then called Lamminsuliet) raised and made;Annales F [...]andr. pet Meie [...]um. by which means the Sea, which had drowned all that tract, was excluded.

I now descend to Holland and Ze­land.

CAP. VI. HOLLAND.

THis Country, consisting of a three­fold earth; viz. Sandy to the Sea, Clay to the Rivers, and Moorish in o­ther places, is accounted, sa [...]h Bertius P. Ber [...]ius, de agg [...]i us &c. cap 13., not without good reason, to be the gift of the Ocean, and of the Rivers Rhene and Mose, as Egypt is of the River Nile, by the testimony of Herodotus: Consonant whereunto, is that expressi­on ofLib. [...]. mis [...]lan. cap. 1. Petr. Nannius — Quod si peni­tùs liceat in origines nostras inquirere, om­nino mihi persuadeo, Hollandiam munus Boreae ac Rheni esse, &c. i. e. If it be at all lawful to enquire into our Original, I wholly perswade my self, that Holland is the gift of the North-wind, and of the Ri­ver Rhene; and was in the beginning no other than a more high place than ordinary, over which the tides did usually flow; where­by, through the increase of the sands, which the North-wind (fiercely agitating the waves) stirr'd up, it first grew to be a shore, and afterwards raised those sandy heaps, which we dayly see, both to be made and de­stroyed. And further addeth, that the waters of the Rhene, by this stop, being kept up as it were with a Bank, setled the mud, brought down by the stream, a [...]out the shores; and so by long and frequent inun­dations produced these Pastures. For it cannot be imagined, saith Bertius; P. B [...]tius de aggeribus c. 13. that the face of this Country was alwayes as it now is discerned to be; or that it soon a­rose from it's former condition, unto this fertile and pleasant state, in which we be­hold it at present; there being much time, extraordinary labour, excessive study, vast expences, and great diligence necessary thereto: Nature therefore first inviting the Inhabitants bordering neer unto it, to make those Banks of sand, as a defence a­gainst the North-wind; and necessity also spurring them on (than which no Master is more ingenious and powerful) in time, those their accustomed endeavours became a se­cond nature to them; it being not unusuall to see the very Boys and Girls, when they come to the Sea-side to recreate themselves, to put off their stockings and shooes, and taking up the sand with their singers, to make walls therewith against the Ocean; within which thus encompassing them­selves, they despise the force of the Waves.

That the Batavians (a warlike and hardy people of Germany) were the first, who obser [...]ing aswell the natu­ral richnesse of the soyl, which the sur­ges of the Ocean, had, of it's silt, sands, and mud, so raised in time, to the height of it's usual tides; did by their great industry, in making of large and strong Banks, thus gain it from the Sea, and make it habitable, we have the credit of divers Munst. Cosm. [...]. 516. [...]. Bertius ut supra. Historians: As also, that the Danes and Normans, did, after their in­vasion thereof, continue to preserve what they found so gotten. Nay, I find I [...]id. that the Saxons, whom my Author calls Aggerum exstruendorum peritos, skilful men in making such Banks, did exercise their industry in this kind, here; the Town of Saxhenheym giving also some testimony thereof. Nor is it un­likely, but that the Francs, whose na­tive seat these parts of the Netherlands was, contributed much to the works, here, of that kind; forasmuch as 'tis app [...]rent Ibid., that they were the raisers of those Banks upon the Loyre in France, which do restrain the inundations of that River from drowning the Plains that lye adjacent thereto. How much ho­nour, therefore, is due to the memory of those industrious people, who did first set upon this great and profitable work, I cannot easily express: For invenire, primum praecipuum (que) est, &c. saith D [...] rerum in­vent. in Epist. s [...]â ibid [...]m, Lu­ [...]ovico Odaxio. Polydore Virg. i. e. The first invention is the chief and principal thing, the [...]ame whereof so exciteth many, out of the love they have to themselves, that every one, were it possible, would be accounted the Author of some Art; because without Arts, it is evident, that there could be no living. Whereunto may be added, the conside­ration of it's difficulty, which makes it much the more regardable — Quid e­nim la [...]dis (saith Ib [...]d. the before mentioned Author) assecutus esset Caesar [...] si facile fuisset Britannis bellum inferre? Aut Han­nibal, quantum gloriae sibi comparasset, si pervias Alpes, dum Italiam adiret, citra, ut dicitur, pulverem, sudorem (que), ac non magnâ suorum caede fecisset? i. e. For what renown had Caesar got, if his warre with the Britans had been an easie businesse? Or [Page 13] what glory had Hannibal obtained, if he had passed the Alpes with dust only and sweat, and not without great slaughter of his Souldiers?

Nor can I be silent in the due praise of their Posterity, through whose in­dustry, not only what hath been so hap­pily gained by their Ancestors, is (for the most part) kept and maintained; but besides the dayly improvement thereof, through their singular dexte­rity and diligence, much more, frequent­ly, increased and gained. To which end, and that those their defensive walls may be the better preserved, they do constitu [...]e peculiar Magistrates, whose charge and Office it is to look to them; whom they call P. Bertius ut supra. Diickgraven, that by them, both the inner and outer Banks, may upon all occasions be repaired and made good, in case of any breach or weakning in them. Which Banks are of that strength and height, that they do preserve the Country from certain drowning at the high tides: For it is evident to all that sayl in the Ports of these flat Countries, that at full Sea, the Fields within the Banks, wherein Cat­tle are depasturing, and Corn growing, do lye below the levell of the Ocean, which is to many no small astonish­ment.

Having thus shewed, how and by whom this Country of Holland was first gained and made habitable, I will now make some observation, of those advantages as have been farther acqui­red of late years, by this active and in­genious people in their great and bene­ficial improvements; the number of the Inhabitants so much increasing, as that urgent necessity enforc'd them to make use of their utmost skill, for the accom­plishing somewhat, as might be consi­derable in such a case. This was by drayning of sundry Lakes, whereof six­teen were most considerable; all which was performed within the space of these last fifty years, by certain Wind-mills, devised and erected for that purpose. The chiefest of which Lakes, called the Beemster (containing above eighteen hundred Acres) made dry by the help of Lxx. of those Mills, and walled a­bout with a Bank of great strength and substance, is now become a place of such profit and pleasure, through the abun­dance of Cattel, that are fed in it, and the plantation therein, otherwise made, that it may not without desert, be very justly called, the most famous Garden of all that Province.

The other Lakes, so drayned, as I have said, do lye about the Cities of Alcmare, Horne, and Purmerende; and are vulgarly called de Schermere, de W [...]ert, de Pucmer, and de Wor­mer: Which, being drayned by the help of fewer Mills, are now become not only most fruitful Pastures; and lit­tle inferiour to the Beemster; but have so inricht the adjoyning villages, by the concourse of people to them, that through the great emolumēt to the pub­lick Treasury, and the abundance of Cheese and Butter there made, there seemeth to be a new Holland within the old.

That the performance of these emi­nent works, required extraordinary knowledge and skill, which antient times had not attained to, and forein Na­tions now admire, is not to be doubted; the Engines of several kinds made use of, in this businesse, for raising up the water and casting it off, being framed by men of singular judgements in Mathe­matical learning, and suitable to the depth of the water, or opportune con­veying it away.

Neither have the attempts of these people, by the like commendable enter­prizes, in South-Holland, about the Ci­ties of Leden, Dort, and Amsterdam had lesse successe; there having been di­vers thousands of Acres, formerly over­whelm'd with water, made good and firm land, within these few years, by the help of these Engins, as I have been credibly informed by that learned Gen­tleman, D^r. Iohn de Laet of Leyden, to whom I have been beholden for much that I have here said, touching these im­provements in Holland, in such sort as I have expressed.

CAP. VII. FRISELAND.

THis Country, situate also very low, and much subject to inunda­tions from the Sea, wanteth not the like advantages by Walls and Banks of earth, for it's better safeguard, as that of Holland hath; nor of lesse antiquity (I presume:) But those elder times, I shall passe by, and take notice of that remarkable and famous work, of this kind, done by Pierii Winse­mi [...] hist. de re­bus Frisicis l. 3. p. 241. Gaspar Roblesius (a Portu­gal) Governour of this Province and Groningen, under Philip the second K. of Spain.

About the year MDLxxvi. this wor­thy person, having driven out Entenius (a Rebel) and dispersed his Forces, be­taking himself to works and studies, be­sitting a time of peace, perfected that famous Sea-Bank, by which Wester­goos (a part of that Territory) was defended from the overflowing of the Ocean; which for many Ages, had by it's tides, occasioned infinite damage to the Country; thereby raising to his memory a lasting Monument of his fame: For by his contrivance it was, that the work was set upon; and by his power, that the people, of themselves averse and slow to so publick and bene­ficial a work, were compelled to come in, man by man, to raise this strong Bank, as if it had been to quench a Fire: In this alone, it being a work, of security to the Country, and for his Honour, which exceeded the renown of those that had been the preceding Gover­nours of that Country, under the Em [...]perour Charles the vth. and the said King Philip, to last (saith my Author Ibid.) quamdiu natura rerum, aut mari limes sit. i. e. to the end of the world. For this famous Sea-Bank, being perfected, Adrianus Vastartius, and Iohannes Caro­lus went to Harling, and erected a Mo­numental pillar of stone, upon the shore there, which should give bounds to the maritime and mediteranean Westergois; and thenceforth avoid all future conten­tion about the repairing that Sea-bank; in the foundation of which pillar were laid twelve thousand Bricks, the height of it being xx. foot above the top of the said Sea-Bank, and this In­scription towards the West.

In Ex relat. v. cl. Ioh. de L [...] et. this Province, likewise, and in Groningen, which adjoyneth thereto, divers Lakes have also been drayned of late years, which are now become most fruitful Pastures: Amongst which the most notable, was a certain Fenny tract, which in the Dutch Language, they called de Wilde Weemh; which, at the costs of divers Merchants of Amster­dam, is become such rich meadow ground, that within these six or se­ven years last past, about the num­ber of ten thousand people, went thither to plant themselves, who do now live there very happi­ly.

CAP. VIII. ZELAND [...]

IN A^o MDxxxvi, Hist [...]f [...]he N [...]therlands. p. 161. the new Haven of Middleburg, in the Island of Wal­cren, passing in a straight line from the Town unto the Bank of the Island, where it falls into the Sea, was finished. Before this their Haven was neer unto the salt Marshes to Armuyden, having a crooked course unto the Town, and there very discommodious.

And in Ibid. p. 177. A^o MDxlvii. Adolph of Bur­gundy, Seignior of Chapelle and Wac­kene; Ierosme Sandelin Sei [...]nior of He­rentont, Receiver of Bewesterscheldt in Zeeland, and some private Gentle­men, did recover and wall in, about Sheerenskerke, and Henkepsandt, in the Country of Zuydbeveclandt (other­wise called the Isle of Ter Goes) the old inclosure or Poidor (which is a land won from the Sea) the which before the inundation, was usually called Zee­shuys, so as it remained a long time un­profitable; but since it's recovery, they call it Cray; at this present a most fertile Country.

It would require a Volume, to give in­stance of the sundry works of this nature in these low Countries, by Banks, Ditch­es and Sluces. Nor have they been lesse active in Brabant, as it should seem: For in the opinion of the lear­ned Nennius Ale­manensis, that Country, now a fair and dry habitation, hath been Sea almost as far as Tongerne.

CAP. IX. HOLSTEIN.

IN Holsatia likewise,Holstein. about Dith­marsh, and the tracts of Wilstar, and Crempen, consisting of Low grounds and subject to inundations; Iohannes A­dolphus, Duke of Holstein, beginning in the year MDCx. by notable works, with­in the compass of five years, s [...]cured ma­ny thousand acres, & improved the lands above three hundred thousand Dollars: which being effected, he parcell'd them out by gift or sale unto his Subjects; re­serving out of every portion, a Rent unto himself; Tantum territorii subditis & ami­cis cessit, ea lege, ut vel aggeribus cinga­tur, vel ab aquis intestinis liberetur, & hinc quotannis celsitudinis suae aerario, certus Ca­non, pro quolibet Every d [...] ­tum contains 36 virgae in length, and 6 in bredth; and every Virga 16 foot. demeto numeretur, as the learned Schoneveldeus In Scithyolo­gia. p. 47. reporteth.

CAP. X. AMERICA.

NEither do we want examples of this nature, in America: For the City of Mexico, being seated in a great Lake, much subject to inundations, which had almost destroyed it; in the year MDCxxxiiii. the Spaniards with mighty industry, secured that habitation, by turn­ing the Lake, and so laying the City dry.

CAP XI.

HAving now done with my observations of the most remarka­ble Bankings and Draynings in Fo­rein parts, which by way of Introdu­ction, I thought fit to be taken notice of; I come to Eng­land, that being the place of my farther designed discourse on this subject: Wherein, for my more orderly pro­ceeding, I do purpose to begin with Kent, in respect of it's Eastern situati­on; and in it, first, with Romney Marsh, a spacious tract in that Coun­try, and more antiently secured from the inundations of the Ocean, than any other part of this Realm, as may seem by the Laws and Constitutions for regu­lating it's repair, which have been long ago made the Rule and Standard, whereunto all the other Marshes and Fenns in this Nation, were to con­form.

And in the next place to take a view of the other, heretofore, surrounded Marshes in that County, aswel adjacent to the Thames, as bordering on the Sea: And, having so done, to ascend up the stream of that fair River, on the South­side: And then descending on the North side, to observe what I have met with, which is memorable, in reference to a­ny Marshes that lye on either. Thence into Sussex, Somersetshire, Glouce­stershire, Yorkshire, and Lincolnshire; and lastly to that great Levell, which ex­tends it self no lesse than Lx. miles, and into six Counties; viz. Cambridge, Huntindon, Northampton, Norfolk, Suffolk, and Lincolnshire, wherewith I shall conclude this work.

How long since, or by whom, this fruitful and large tract, containing Lamb. peram. of Kent (aedit. Lond. 1656.) p. 211. no lesse than twenty four thousand Acres, was won from the Sea, there is no testi­mony left to us from any Record or Hi­storian, that ever I could discover: Which defect, doth strongly argue, that the first gaining thereof was a work of the greater antiquity.

To attribute it unto the Britans (the primary Inhabitants of this Nation) or to the Saxons, who succeeded them, I dare not adventure; the first of these, being a people so rude and barbarous, as they were not verst in any Arts; and the latter so illiterate, for the most part, as that little of invention can justly be ascribed to them. That it was there­fore a work of the Romans, whilst they were Masters here, as it is the opinion of some learned men, so do I make thereof no doubt, considering to what a height, not only in learning, but in di­vers Arts and Sciences that people were arrived, as by sundry testimonies we plainly find. Besides, it is not only evi­dent, from the credit of our best Histo­rians, that their several Colonies, dis­perst throughout this Nation, were so ex­cellently disciplined; that, for avoiding the mischiefs, which idlenesse produces, they were alwayes exercised in some fit and necessary imployments, as those great and publick Ways Watling­street. Foffe. Erminstreet. [...]k [...]nild, and divers other., and other stu­pendious Works, made and raised by their skill and industry, do sufficiently shew: But by the testimony of the fa­mous Tacitus In vi [...]â Agrico [...]ae. (an Author of that time) who tells us, that the Britans complain­ed, [Page] [Page]

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[Page 17] that the Romans wore out and consu­med their bodies, and hands, in silvis & paludibus emuniendis, i.e. in clearing the woods, and banking the Fens, if I mistake not: For the word emuniendis, must have a sence, aswell befitting paludibus as silvis; and therefore cannot pro­perly (I presume) be otherwise constru­ed.

'Tis true, that munire viam, is a phrase used by Cicero, for the paving a way, or making a Caus [...]y: And some Dr. Holland, in his transl. of Cambd. Brit. are of opinion, that here, the words paludibus emuniendis, are to have the like significa­tion, and to be construed in making Causeys over the Fens: But if it should, as I cannot well admit, it must be gran­ted, that before any pavement or Cau­seys could be made in such places, the water was, of necessity, first to be taken and kept off, by drayning and banking: So that, allowing that construction, what I endeavour to prove will be well enough made good; viz. that the bankings and draynings, both here and in some other parts of this Realm, which were, before that time, overflowed by Sea-tides, was a work of the Romans; as when I come to Holland in Lincolnshire, and Marsh­land in Norfolk, I purpose more fully to demonstrate.

And therefore, forasmuch as the Ro­mans, when they were here in Britain, did something in this kind, as I shall make more evident in my discourse of Holland and Marshland, before specifi­ed, from undoubted testimonies; I can­not but conclude, that this Marsh was a part thereof; in regard, that not long after their desertion of this Country, I find mention of it, and that it was then inhabited. For in the year of Christ DCCXCvi. it is thus said E [...]h [...]lw. Chron. l. 3. f. [...]78. a. of Ceolf King of Mercia; viz. that Cantiam vastavit, & provinciam quae dicitur Mers [...]wari; which (no doubt) is meant this Rom­ney Marsh: For the learned Cambden, in his Britannia, speaking of it, saith, that in the Saxons time, the Inhabitants thereof were called [...], id est, viri palustres, Marshmen; which accor­deth fitly with the nature of this place.

There are who suppose, that the name of it, viz. Romeney, doth declare suf­ficiently, that it was, at first, won from the Sea by the Romans: But Peramb. of Kent. p. 208. Mr. Lambert saith, that it was, in the Saxons time, written Rumen-ea, id est the large watry place; and since that R [...]menale, and Ro­menale, corruptly. Consonant to which expression of his, I find, that the River, pas [...]ng through this Marsh, was antient­ly called Rumen ea: For so it appeareth by that grant L [...]l. Co [...]. vol. 2. p. 57. of Pleigmund the Arch­bishop, made to Christs-Church in Can­terbury, about the year of Christ, DCCCC. in these words—Concedo Ec­clesiae Christi, terram quae vocatur Wefing merse, juxta flumen quod vocatur Rumen ea.

Having now, by these circumstantial testimonies shewed, that the Romans were they, that by their skill and expe­rience in such works of Banking and Drayning, did first gain this rich and large tract of ground, from the impetu­tuous Sea-tides; I shall now descend to those Statutes and Ordinances, which the care and wisdome of succeeding a­ges did make, for the preservation and defence thereof, from being again drowned and destroyed, by the violent over-flowings of the Oce­an.

That the Common Laws of Eng­land, whereof we find no original, were Docto [...] and Student c. 7. at first certain Constitutions made by some of the antient Kings and Rulers of this Nation, there is none (I pre­sume) that doubteth, though there be no other authority for to back them, than long usage and custome. The like therefore (I suppose) were the Statutes and Ordinances for the conservation of this Marsh: For albeit we are yet to learn, when and by whom they were first framed and composed, it is evident from the testimony of unquestionable Records, that above four hundred years since, they were called antiquas & ap­probatas consuetudines, i.e. antient and approved Customes: For Claus. 35. H 3 m 16 in [...]r [...]o. in 35 H. 3. the King, directing his Writ to the Sheriff of Kent, and thereby declaring Ibid., that Complaint having been made to him, on the behalf of the xxiiii Jurats, made choice of for the conservation of the Marsh and Sea-Banks of R [...]menale; im­porting, that whereas in pursuance of their antient and approved Customes, they had distrained those, who ought of right to repair those Banks, according to the proportion of their Tenements, for the [Page] [Page 18] safeguard and defence of all the Coun­try against the Sea: And that he the said Shireeve had made Replevin of the same distresses; commanded him, that in case he had so done, he should return them back to the said Guardians, and permit those Jurats to use their Customes and Liberties, for the defence of themselves and others against the Sea, as they ought and had wont to do, lest farther complaint should be made thereof, and that by him any peril might come to the said K. & Kingdome; because (as the same Mandate expresseth) they are ready to exhibit Justice to every Complainant, according to their Customes to that time obtained and used; and likewise to a­bide the Law, as they ought and had wont to do, if they had in any thing trans­gressed against those usual Customes. By which precept he was moreover forbid­den to make any future replevin, by virtue of whatsoever Writ from the said King: quia necessitas defensionis talis inopinata, si venerit (saith the Record) legi communi vel justitiae subesse non poterit. i.e. because the unforeseen necessity of such defence, in case it should happen, cannot be subject to the Common Law, or Iu­stice.

Nay, so tender was the said King, for the preservation and security of this famous and fruitful Marsh, that, the next year following, by his Letters Pa [...]tents, bearing date at S. Edmunds [...]ury, Claus. 36. H. 3. m 4. the second of September, directed like­wise to the Shireeve of Kent, making this recital; viz. that because xxiiij law­ful men, of the Marsh of Rumenale, ele­cted and sworn for that purpose, time out of mind, ought to make distresses upon all those, which have lands in the said Marsh, for the repairing of the Banks and Water-courses thereof, a­gainst the violence and danger of the Sea: and upon all others which are obliged and bound to the repair of the said Banks and Water-courses; he gran­ted to those xxiiij that for the security of the said Marsh, they should make those-distresses, so that they were done equally, according to the proportion more or lesse, which each man had therein, and according as some of them were obliged and bound: And there­fore commanded the said Shireeve, that for avoiding of perill, he should neither by himself nor his Bayliffs, meddle with the distresses so made by the appoint­ment of the said xxiiij Jurats. Farther signifying, that whosoever should make complaint to him upon consideration of the said distresses, he would do him Ju­stice in his own Court, and reserve that Justice to himself, or his own special Mandate.

But after this, viz. in the 41 H. 3. it being represented Pat 42 H. 3. m. 10. in dorso. to the said King, by certain of his loyal Subjects; that whereas, time beyond memory, judge­ments ought to be made, by xxiiij law­ful men of the Marsh of Romenalle, to that purpose chosen and sworn, for the distraining of all those which had lands in the said Marsh, to the repair of the Banks aud Water-courses of the same, against the force of the Sea, and peril of inundation by other waters; as also of all those, who were otherwise obli­ged or bound to those repairs, he the said King, by his special Precept Ibid., bear­ing date at Mertone the xvith of April, directed to Henry de Bathe (a famous Ju­stice Itinerant of that time) reciting his Letters Patents next above mentio­ned; with the power thereby given to the said xxiiij Jurats, touching the taking of distresses, as aforesaid; and signifying, that the said xxiiij Jurats, having had op­position and resistance by certain persons of the said Marsh, who were obliged to the repair of those Banks and Water­gangs, according to the quantity of the lands, which they had therein, were not able to make the before-specified distres­ses: Whereupon the said Banks and Water-gangs, being not repaired, the inundations from the Sea and other wa­ters overflowed this Marsh, to the ine­stimable damage of the said King and the Inhabitants thereof. Being there­fore desirous to provide for his own Profit and Indempnity, and the men of the said Marsh, he constituted the said Henry de Bathe, his Justice, to hear and determine the controversies touching those repairs, risen betwixt the said Ju­rats and the Marsh-men, who were so obliged to the same repairs, according to the quantity of their Lands and Te­nements lying therein, and according to what some men were otherwise bound or obliged; commanding him, that at a certain day and place, to be by him ap­pointed, [Page 19] he should be in those parts, to hear and determine the said controver­sies, and to provide for the security and defence of the said Marsh, as aforesaid. And moreover to signifie in writing, di­stinctly and plainly, unto him the said King, what he had done therein, that the same might be inrolled. And direct­ed, likewise, his Mandate to the Shireeve of Kent, that at a certain day and place to be assigned by the said Henry, he should cause such and so many honest and lawful men, of this Bayliwick, to come before him; by which persons the said differences might be the more fitly determined, and provision for se­curity of the said Marsh the better made. And that the said Shireeve should per­sonally assist and attend the said Henry therein, as he the said Henry, on the said King's behalf should enjoyn him.

By authority of which Precept, the said Henry de Bathe, with his associates; viz. Nicholas de Hanlou, and Alured de Dene, sate Claus. 42. H. 3. in dorso m. 9. at Romenhale upon the Satur­day after the Feast of the Nativity of the Blessed Virgin, in the said xlii year of King Henry the third, before specified; to which place the said Shireeve of Kent, his assistant, by virtue likewise of the said Writ, then brought thither so many and such lawful men of his Bayliwick, as aforesaid, by whom these differen­ces might be determined, and provision for the safety of the said Marsh the bet­ter made. And the said Henry, at the request of the Councel of the Com­monality of the said Marsh, then and there likewise being, and none of the Marsh-men gain-saying it, made and constituted these following Ordinan­ces; viz.

1 That twelve lawful men should be made choice of, The Ordi­nances of Henry de Bathe. by the Commonality of the said Marsh; viz. six of the Fee of the Archbi­shop of Canterbury, and six of the Baro­ny; who, being sworn, should measure both the new Banks and the old, and those other, which ought to be new made; the measure to be, by one and the same perch scil. of xx foot. And that afterwards the said Iurats should likewise, according to the same perch, measure by Acres all the Lands and Tene­ments, which were subject to danger, within the said Marsh. And all the said mea­sure being so made, that then xxiiii men, first elected by the Commonality, and sworn, having respect to the quantity of the Banks of those Lands, which lay subject to peril, upon their oaths to appoint out every man his share and portion of the same Banks, which should so belong to him, to be made and sustained; so that according to the pro­portion of the Acres subject to danger, there should be assigned to every man his share of perches; and that the said assignation should be made by certain limits, so that it might be known where, and by what places, and how much each man should be obliged to maintain.

And that when necessity should happen, by 2 occasion whereof it might be requisite to withstand or resist the danger and violence of the Sea, in repairing of the before spe­cified Banks, that the said xxiiii Iurats should meet together, and view the places of danger, and consider to whom the de [...]ence of the same should be assigned, and within what time to be repaired.

And that the common Bayliff of the said 3 Marsh, should give notice to those, unto whose defence the said places should be as­signed, that they should defend and repair them, within the time assigned by the said xxiiii Iurats: And if they neglected so to do, that then the said common Bayliff should, at his own chardge, make good the said re­pairs, by the oversight of the xxiiii Iurats: And that afterwards, the party so neglect­ing should be obliged to render to the said Bayliff, double the chardge so laid out by him about those repairs: Which double to be reserved for the benefit of the said Banks, and the repair of them: And that the par­ty so neglecting should be distrained for the same, by his lands situate within the said Marsh.

Moreover, in case any parcel of land 4 should be held in common by partners, so that a certain place could not be assigned to each partner for his own proportion; viz. a whole or half perch, in respect of the small quanti­ty of the Land; that then it should be or­dained by the oaths of the xxiiii Iurats, and viewed what proportion of the said land so held in common he might be able to defend; and thereupon a certain portion so to be de­fended by the said partners, in common, to be assigned to them. And if any of the said partners should neglect to defend his porti­on, after admonition given to them by the Bayliff, the said portion of the party so neg­lecting to be assigned to the other partners, [Page 20] who ought to make the like defence: Which partners to hold the portion of the party so neglecting, in their hands, untill he should pay his proportion of the costs laid out about the same defence, by the oversight of the xxiiii Iurats; and also double towards the Com­modities of the said Banks, and the repair of them, as aforesaid.

5 And that if all the partners should happen to be negligent in the premisses, then that the common Bayliff before mentioned, should make good the whole defence, at his own pro­per costs, and afterwards distrain all those partners, in double the chardges so by him ex­pended in the said defence, by view of the xxiiii Iurats, as aforesaid: Saving to the chief Lords in the said Marsh, the right which they have against their Tenants, touch­ing this defence, according to their Feoff­ments.

6 And (lastly) that all the lands in the said Marsh be kept and maintained against the violence of the Sea, and the floods of the fresh waters, with Banks and Sewers, by the Oath and consideration of xxiiii Iurats, at the least, for their preservation, as anti­ently had been accustomed.

About this time I find Pat. 42. H. 3. m. 7., that the K. had advertisement, that his Haven of Rumenale was in great danger of de­struction, to the no little damage of the publick, and excessive annoyance of the Town of Rumenale, unlesse the course of the River of Newendene, whereup­on the said Haven was founded, being then diverted by the overflowings of the Sea, were reduced to the said Port: And that he was informed by an Inqui­sition, made by Nicholas de Handlon, whom he had sent into those parts, to provide and ordain in what sort the said stream might be again brought to the same Haven, by it's antient Cha­nel, or a new one to be made; that it could not be so reduced, nor the said Haven preserved for the common bene­fit of the said Port and Town, except certain obstructions, which were in the old course of that River, were remo­ved; and that a new Chanel were made, neer to the same old course; viz. from a certain Crosse, belonging to the Hos­pital of infirm people at Rumenale (standing by Aghenepend) unto Effe­tone; and from Effetone to the house of William le Byll, and so to Melepend; and thence descending unto the said Port; so that a Sluse be made under the Town of Apeltre, for reception of the Salt-water entring into the said River, by the inundation of the Sea, from the parts of Winchelsea, and for retaining thereof in it's passage and recourse to the Sea; to the intent that the same water might come together with the fresh wa­ter of that River, by the antient course, into the before specified new course; and so by that passage directly to descend and fall into the said Haven. And that another Sluse should be made at Sner­ega [...]e, and a third neer to the said Port, where that water might descend into the Sea, for restraint only of the Sea-tide on that part, that it enter not into the said course, but reserving the antient and oblique course from the said Crosse to the before specified Ha­ven.

The King therefore providently de­siring the common profit and safe-guard of the said Port, by his Precept Ibid. dated at Oxford the xxith of Iune, comman­ded the said Nicholas, that he should re­pair in his proper person, upon a certain day assigned, unto those parts; together with the Shireeve of Kent, unto whom the said King had thereupon sent his Writ; and by the Oaths of xxiiii aswel Knights as other free and lawful men of the neighbourhood, by whom the truth might be the better known, to make estimation how much of other mens lands would be necessary to be taken for the making of the said new Chanel and Sluses; and what those lands were worth by the year; and to make spee­dy assignation to the Tenants of those lands, to the value of the same lands or more, out of the lands or mony of the Barons and honest men of the said Port: as also to remove the said obstructions in the old Chanel; and to make the said new Chanel and Sluses, in the lands of whomsoever it should be requisite, for the common benefit and advantage of the said Port and Town of Rumenale, as aforesaid. And the said Shireeve of Kent was likewise commanded, that he should diligently assist and attend the before specified Nicholas, in this busi­nesse; and to cause the said xxiiii Knights and others of the neighbourhood, as a­foresaid, to be before the said Nicholas, at the same day and place.

[Page 15]But notwithstanding those Ordinan­ces, so made by the said Henry de Bathe, for the defence and preservation of this Marsh, and taking distresses for that purpose: And also, notwithstanding the former Precepts from the King to the Shireeve of Kent. forbidding him to intermeddle at all with any more di­stresses so taken (as I have at large alrea­dy shewed) it appears, that the Shireeve did again make Replevin of some di­stresses, taken by virtue of those Ordi­nances: For in 43 H. 3. I find Ex eod. MS. penes Oliv. S. Iohn Arm. f. 9. a., that the King issued out another Writ to the said Shireeve, bearing date the xxth of April, requiting him to return back those distresses, to the end that no more com­plaint might be made against him upon that occasion, for which he might farther incurr the said King's displea­sure.

lb. f. 9. b.To give instance of all the particular persons, who opposed these Ordinan­ces, it would be too tedious, could I ex­actly do it, I shall therefore here take notice of one only sute in this case, which was commenced by one Godfrey le Fau­ [...]oner, against Hamon Pitte, Iohn Cobbe, and others, for taking ten Cows by way of distresse, upon his the said Godfrey's Mannour of Hurst, for his disobedi­ence to the said Ordinances. To which action the said Hamon and his Fellow-de­fendants pleaded, that the said Godfrey enjoyed certain possessions, lying in Romney Marsh; in which Marsh, all that hold any lands, ought, according to the quantity of their Tenements, to make the Banks and Water-courses, against the Sea and other inundation of water: And that the xxiiii men o [...] that Marsh, chosen and sworn by the commonality thereof, ought to make distresses in the same, upon all the Land­holders, according to the quantity of their Tenements, whensoever the Banks and Water-courses thereof should stand in need of repair. Which said Jurats (as the custome was) because they could not attend it themselves, made choice of the said Hamon to take those distres­ses, and constituted him their Bayliff so to do:☞ And that they have this liberty by the antient Custome of the said Marsh, and by the Kings Charter, which they then produced.

Whereupon they say, that, by teason of the said Godfrey's default, that di­stresse taken for repair of those Banks and Watergangs was justly made: Of which, there were assigned by the said Jurats, three perch and a half at the least, for his proportion in the Bank of Apuldre, to be repaired at his costs; and according to the overflowing of the waters, more, if need should be, in di­vers places: And whether they might not have taken a greater distresse upon him, they appeal to the Coun­try.

They say neverthelesse also, that they took upon one A. B. a Fermour to the said Godfrey, ten Steers and ten Lambs, belonging to I. N. Tenant also to the said Godfrey, by reason of his default in repairing the said Banks and Water­gangs; for which they afterwards made satisfaction, and had their Cattel again. And being questioned for how much he took the first distresse, and for how much the second; he said, that the first default of the said Godfrey was estimated at four Marks; and the second at xlviii ^s.

And the said Godfrey alleged, that he held those Tenements in the Marsh aforesaid, by the grant of Henry some­time King of England, Grand-father to King Henry then being: And that the same King Henry gave them to William the Son of Balderic, ancestor of the said Godfrey, whose heir he is. And that by this grant, both his Ancestors and himself after them, alwayes held their Tenements in the said Marsh, as freely and quietly as the said Baldric first held them. And he farther said, that this custome for the repair of those Banks and Watergangs, was never required, neither of his said Ancestors, nor him­self, till about five years then last past; that the said Hamon was made Bayliff for the custody of the same Banks and Watergangs; nor that they ever made them at any time; and produced the Charter of the said King Henry (the se­cond:) And moreover said, that his An­cestors held those Tenements by that [...]eoffment, so freely that they never did any repair to the said Banks not Water­gangs: And that neither he, after he possessed the same lands, nor his Ance­stors were ever distrained, till within these five or six years last passed, that the [Page 22] said Hamon and others took his Cattel. And forasmuch as they knew who they were that made those distresses, for that defect in repairing the said Banks and Water-gangs, which neither he nor his ancestors made, nor were us'd to make; he required judgement of their recognition.

Whereunto the said Hamon and the rest replyed, that in former time there was a difference betwixt the Tenants in the said Marsh, touching the repair of the before-specified Banks and Water-gangs: Upon which there grew a sute in the Country before the Shireeve; wherein the said xxiiii Jurats; deeming themselves wronged, came to the King's Court and complained to the Shireeve; alleging this Plea did not pertain to the Shireeve, to hold: It was therefore de­termined by the King's Counsel, that the Kings Justices should be sent thither, to ordain and dispose of those differen­ces, according to Justice; and, according­ly, Henry de Bathe being sent, all the Te­nants of the said Marsh had summons of xl dayes, as in the Iter of the Justices. And the said Henry, upon his view of those Banks and VVater-gangs, by the consent & good liking of the whole com­monality of the said Marsh, then ordain­ed; that the Arch-bishops, Bishops, Abbots, Priors, Earls, Barons, and all the tenāts in the said Marsh, should cōtribute to the repair of those Banks & Water-gangs, according to the quantity of their tenements. VVhereupon, as the said God­frey desired to be defended by the said Banks & water-gangs, the said Hamon re­quired, that he the said Godfrey should contribute to those repairs, as it was or­dained in the presence of the said Ju­stice: And that there was such an Ordi­nance, as aforesaid, he referred himself to the Record, in the Rolls of the said Henry de Bathe.

And also the said Hamon further al­leged, that of necessity the said God­frey ought to contribute to the said Banks, &c. Because, that if his land should not be defended by them, it would be wholly drowned & made salt. But to this the said Godfrey answered, that though that Ordinance was so made by the said Henry, yet he the said God­frey never gave his consent thereto; and that he was neither summoned, nor cal­led to come before him at the making thereof. And moreover said, that nei­ther before the same Ordinance, so made; nor after, either he or his Ance­stors ever so contributed; but alwayes held their land quietly without any ex­action at all, according to the Tenor of the before-specified King Henry's Charter (Grandfather to the then King Henry) untill two years before, that the before-specified Hamon and others, took his Cattel: Whereupon he required judgement, whether the same Ordinance ought to prejudice him in that behalf.

Howbeit, the said Hamon, and others replyed, that he had the common sum­mons of xl dayes, in such sort as the whole Commonality of the said Marsh had, whereof he ought not to be igno­rant; And thereupon said, that though the said Godfrey would not come, as he ought to have done, with his neighbours, he ought not therefore to be free from payment of the before-specified con­tribution for repair of those Banks; because it conduced to the common profit of all the Tenants in the same Marsh; that aswell his lands, as the lands of the other Tenants, be defended by the said Banks and Water-gangs; whereupon he required judgement. And he also said, that after the said Ordinance, the said Godfrey and his Te­nants gave one Mark towards the repair of the said Banks and Water-gangs, be­fore he the said Hamon was Bayliff: And that this he was ready to justifie.

To which the said Godfrey answered, that he held himself to the before-spe­cified Charter of King Henry; And to the liberty, which he and his Ancestors had used, against which no Ordinance, made by the said Henry de Bathe, could or ought to do him harm: And stood upon it, that neither himself, nor any by him, had given ought, either before the said Ordinance so made, or after­wards; and that this he was ready to justifie.

After which, on the morrow after the feast of S. Martin, in the xlii of H. 3, came the said Godfrey, Hamon, and o­thers: And the Shireeve had command, that he should bring xii, aswell Knights, as others, having no lands in the said Marsh, on the morrow three weeks af­ter Easter, by whom the truth might be the better discovered; to enquire, whe­ther [Page 23] the said Godfrey and his Ancestors, after they had their land of Hurst, of the gift and grant of the before-mentio­ned King Henry, had wont to repair the said Banks and Water-gangs, together with others that had lands in the said Marsh, and to contribute with them for their repair, when need should re­quire. Whereupon the said Godfrey, by a certain Ordinance, in which he ac­knowledged before the said Henry de Bathe, whom the King had sent to that end, that though he gave a Mark to the repair of the said Banks and Water-gangs, before the said Hamon was Bay­liff of the said Marsh, as they the said Hamon and Iohn did affirm; yet he ap [...]pealed, whether himself or his Ance­stors, were not quit of the said repairs, and payments thereto by the Charter of King Henry, Grand-father to the then King, forasmuch as he did not consent to the said Ordinance, nor ever gave any thing to the repair of those Banks and Water-gangs, as he affirmed.

But the Shireeve, not making his Pre­cept, as above-said, was amerc'd, and a­nother VVrit directed to him, to sum­mon the said xij men, to appear, &c. the morrow after the Feast of the Holy Trinity: At which time the said Godfrey, Hamon and others, came, and required that judgement should be done, accor­ding to the Record and processe upon the before-specified Plea. VVhereup­on the Plea was recited before the King and his Council: And because it was found, according to that Record, that the King had sent Henry de Bathe, his Justice thereunto assigned, unto the said Marsh of Romenale; who determin­ed, that all they that had lands in the said Marsh, ought to contribute accor­ding to the proportion of their Tene­ments, for the repair of the said Banks and VVater-gangs thereof, as the said Hamon and others did allege; and to which contribution he the said Godfrey said he was not obliged: And that as yet nothing did appear to the King's Court here, of the said Ordinance or Determination, without which of right, there could be no proceeding to Judge­ment, a farther day was given; viz. un­til the xvme of S. Michael, that in the mean time, the Rolls of the said Henry de Bathe might be lookt into; And that the Plea thus depending, no distresse should be farther made upon the said Godfrey.

At which time, viz. in the xvme of S. Michael in xliijo H. 3. the said God­frey came, and withdrew his processe a­gainst the said Hamon and others; there­fore, being amerc'd he consented for himself and his Heirs, that for the future they would repair the said Banks and Water-gangs, together with their neigh­bours, according to the quantity of their land,☜ as it was the Custome of the Coun­try, without any contest, or contradicti­on, for ever.

And that the said Hamon granted and became obliged, for himself and the rest, that he would make a due accomp [...], before the xxiiij Jurats, chosen by the Country, touching the distresses and Ca­tals of the said Godfrey, taken from the time of the beginning of the sute, until that present: And deducing so much as should be sufficient to satisfie the said re­pairs, according to the proportion be­longing to the said Godfrey, to repay the surplusage of the mony, for the Catals of him the said Godfrey so sold. And the said Godfrey agreed, that if the said Hamon, by his accompt could make it manifest, that the value of the Catals so distrained by him, for the cause premi­sed, would not suffice for his portion, in repair of the said Banks and Water-gangs, according to the quantity of his Land, he the said Godfrey would make satisfaction to him of the whole arre­rage, from the beginning of the sute, till that present time, according to the view and estimation of the be­fore mentioned xxiiij Jurats of the Country.

The next thing memorable touching this Marsh, is, that King Edw. the first, by his Letters Ex p [...]aes [...]to [...] cod. MS. f. 11. a. Patents, bearing date at Westminster, the xxth of Novem. in the xvith year of his reign, granteda commis­siō to Iohn de Lovetot, & Hen. de Apuldre­feld, to view the Banks and Ditches upon the Sea-coast and parts adjacent within the County of Kent, in divers places then broken, through the violence of the Sea; and to enquire by whose default this damage had hapned: And, together with the Bayliffs of Liberties, and others in those parts, to distrain all those, which held any Lands and Tene­ments [Page 24] there, and had or might have de­fence and preservation, in any sort, by the said Banks and Ditches, according to the quantity of their said Lands and Tenements, either by the number of Acres, or by Carucates, for the pro­portion of what they held, for the ne­cessary repair of those Banks and Ditch­es, as often and where there should be need; so that no man, of what conditi­on, state, or dignity whatsoever, who had safeguard in any sort by those Walls or Ditches, whether it were within Liberties or without, should have favour therein: Commanding also the said Iohn any Henry, to behave themselves so faithfully and discreetly, in the exe­cution of this businesse, that aswel the men residing in those parts, as their lands, should be safe against the like dangers, and perhaps worse; no custome favour­ably introduced, notwithstanding. And that of their transaction in this imploy­m [...]nt, they should distinctly and plain­ly certifie the said King, under their Seales, and the Seals of the Jurats, aswel Knights as other honest and lawful men. Commanding, moreover, his Shireeve of Kent, to cause so many and such per­sons of his Bayliwick, to appear before the said Iohn and Henry, at certain days and places, whereof he should give them notice, by whom the truth in the premisses might be the better enqui­red into and known.

By virtue of which Mandate, the said Shireeve was required to summon the xxiiij Jurats of the Marsh of Rumen­ale, and all the Lords of the Banks of the same Marsh; as also such and so many honest and lawful men, of all the maritime lands in his Bayliwick, by whom the truth in the premisses might be the better enquired into and known; and to do farther in the p [...]emisses, as it should be decreed. Who came accor­dingly. And the said xxiiij Jurats of the Marsh before named, together with the Commonality of the said Marsh, said; that King Henry, Father of the then King, did by his Charter grant to them certain Liberties, in his own Lands, within the said Marsh: And they there­fore required that those their Liberties might be preserved: As also that no­thing might be attempted, or de [...]reed in prejudice of their said Liberties, and produced the same Charter of the said K. Henry.

And they likewise said, that K. Henry, father to the then King, in the xlii year of his reign, by reason of a certain con­troversie, arisen betwixt divers men of this Marsh, occasioned for the repair of the Banks and Water-gangs therein, sent Henry de Bathe, his Justice, into those parts, to hear and determine the dif­ferences in that businesse, betwixt the xxiiij Jurats and the same Marshmen; and to provide for the defense and secu­rity thereof, and against the peril of inundation by other waters, in causing the Banks and Water-gangs to be re­paired, by those who were obliged there­to, for the lands which they held there­in, according to the proportion thereof. Whereupon they said, that the said Hen­ry de Bathe, by authority of the same King Henry's Mandate, ordained and de­creed for them a certain Law and Ordi­nance, by which this Marsh was to that time kept and preserved; and therefore desired, that they might, for the future, be guided and defended by that Ordi­nance and Law, as they had wont to be till that present time:☜ And thereupon produced the said Ordinance of him the said Henry, under the King's Seal.

And because the said Ordinance seemed 1 consonant to equity, The Ordi­nances of Iohn de Lovetot, and Henry de A­peltrefeld. and had been to that time approved, command was given, and it was decreed, that the same should be in all things observed, without diminution: Ad­ding neverthelesse, that in regard there was no mention therein of the election of the King's common Bayliff in the said Marsh,Election o [...] the common Bayliff.how and by whom be ought to be chosen, it was determined, that for the future, upon the decease of the said common Bayliff, or his quitting the Office, another to be chosen, who should reside and have lands in this Marsh: And that the said election should thenceforth be, by the common assent of the Lords of the Towns Lying therein, or by their Atturnies; and as the Major part should determine, to submit to that election, because till that time the usage had been so.

And touching that double of the costs,2 imposed for repairing the defaults, to be le­vyed upon those, through whose neglect they had hapned; it was decreed that the same double should be levyed in such sort, as by [Page 25] the former Ordinance had been appointed; and imployed to the common profit of this Marsh, and not to the b [...]hoof of the said Bay­liff.

3 And forasmuch as there were divers Banks and Water-gangs in the said Marsh, to the maintenance of which, the commonali­ty thereof did not contribute, except only they whose lands lay contiguous to the said Banks and Water-gangs: And tha [...] some, through the oppression of the Lords of the said Marsh, did sometime pay as much for the repair and maintenance of those Banks and Water-gangs, for fourty Acres, as others did for fifty, which was much against the law of the Marsh, and the Ordinance of the said Henry de B [...]the: It was therefore decreed and ordained, that notwithstanding and Custome, by whomsoever introduced; all and singular persons, who had lands there­in, which were subject to the danger of the Sea, and had preservation by the same Banks and Water-gangs, Th [...]t contri­bution for [...]he repair of the Banks be e­qual accor­ding to the number of A­cres. should thenceforth be distreined for the reparation and mainte­nance of them; so that every man might contribute equally, according to the number of Acres, which they had therein; and that no person, be he of whatsoever state or con­dition, that had preservation and defence thereby, should be favoured.

4 And because before that time, in this Marsh of Romenale, beyond the course of the water of the Port, running from Suer­gate, towards Romenhale, on the West part of the same Port, till it come to the County of Su [...]sex, there had not been any certain Law of the Marsh, ordained nor used, otherwise than at the will of those that had lands in the same; insomuch as divers dangers and intolerable losses hapned by the Seas inund [...]tion: To the end therefore, that the like perils might for the future, be pre­vented, and the common benefit provided for, it was agreed and jointly ordained; that in the said Marsh, beyond the before-specified Port, That Jurats be establisht in that part of the Marsh towards Sussex. towards Sussex, there should be Iurats establisht, chosen by the Common­ality, who being sworn to that purpose, for the security of those parts, having respect to the number of Acres, lying subject to that danger, and to the proportion of the Banks & Watergangs, to be repaired & sustained there; should, upon their Oaths consider and ordain how much might be necessary for such repair & sustentation; so that, according to the por­tion of their Acres, and value of them, there might be assigned in the said Banks and Water-gangs, an equal portion of perches, to be maintained, as it is more fully contained in the Ordinance of the said Henry de Bathe.

And moreover, forasmuch as till that 5 time, As also a common Bayliff. there had been no common Bayliff con­stituted in those parts, beyond the before-specified Port, towards Sussex, who ought, for the publick benefit, take care, and provide against the perils there hapning, and to prevent the like for the future; it was or­dained, that thenceforth there should one common Bayliff be made choice of, in the said Marshes, beyond that course of the water toward Sussex, for overseeing, keeping, and repairing of the said Banks and Water-gangs, in such places and bounds of the said whole Marsh, as should seem most ex­pedient to all the whole Commonality: As also to summon together unto places necessa­ry [...] the Iurats of the said Marsh, as often as need should require, for the making of Ordinances and Laws, for preservation of the lands in those parts; causing distresses to that purpose to be made, and levying a double proportion upon such as should make default, according to the tenour of the Ordi­nance made by the sai [...] Henry de Bathe. Provided, that at the election of the said Bayliff, when ever it might happen to be, the Lords of the Towns in the said Marsh, beyond the said course of the water, towards Su [...]ex, should be summoned and called, if they would be present thereat; as also the Iurats and whole Commonality of that Marsh.

And it was likewise ordained, that for 6 the future the King's said common Bayliff in the Marsh of Romenale, Of wh [...]ch B [...]yliff and Jur [...]s, the King's com­mon Bayliff to be Super­visor. should be the Supervisor of the before-mentioned Bayliffs and Iurats in this Marsh, beyond the course of the water towards Sussex; and that he should summon together, to fit places, all the Iurats chosen on both sides the said course of that water, when need required, to make their Ordinances and Laws for preservation of the said Marshes; so that alwayes, on both parts of that Water-course, they should abide by the Ordinances and considerations of the said Iurats, as to the prejudice or more safe­guard of any mans land; notwithstanding any custome whatsoever: Saving alwayes the tenour of the King's Charter, granted to the Commonality of Romney Marsh, and the Ordinance of Henry de Bathe, ever to remain in full power and strength.

[Page 26]Not long after this, there hapned certain differences, be [...]wixt the Master of the Hospital, called God's house, in Dover, Pat. 18 E. 1. m. 6. in dorso. and certain of his Tenants, within the Mannours of Hunychilde, and Estbrigge, in Romenale marsh, touch­ing some Banks and Water-gangs, upon the Sea coast; which the said Master al­ledged, that his said Tenants, for the anti­ent demesnes belonging to him in those Mannours, as often as need required, should at their proper costs repair and maintain, against the violence of the Sea, and inundations of the Fresh wa­ters: For the hearing and determining of which controversies, according to the Law and Custome of the said Marsh, Iohn de Lovet, Robert de Septvaus, Ma­ster Thomas de Gudinton, and Henry de Appletrefeld, were by the King assigned. Whereupon, the parties so at diffe­rence, weighing all circumstances touch­ing the same, put themselves upon the Inquisition of the Country: But the taking thereof, in regard that the said Master refused, that any persons, resi­ding in the said Marsh, should be ad­mitted thereof; and the said Tenants, not being content with any Foreiners, was delaid, to the great damage of those parts, as by complaint the King was in­formed: To put, therefore, a speedy end to the businesse, the said King, by his Letters Patents, dated at Tydeswell xxiiij Sept. constituted Stephan de Pen­cestre, then Constable of Dover-Castle, Henry de Appletrefeld, and Bertram de Tancrey, his Justices, for to make farther enquiry thereof: But what was done therein, I have not seen.

About four years afterwards, the said King Edward the first, taking great care for the defence and preservation of this Marsh; by his Letters patents, bearing date at Westminster, Ex ver. co [...]. MS. ad Abb. S. Aug. Cantuar. quondam spectante; tunc verò penès Rog. Twysden Baronettum. xx April, in the xviijth year of his reign, wherein he hath this observable expression — viz. quod cum nos, ratione dignitatis regiae, & per juramentum astricti sumus, ad providendum salvationi Regni nostri circumqua (que), i. e. in respect of his royal dignity, and that he was obliged by Oath to provide for the safeguard of his Kingdome round about; assigned H. de Apeldrefeld, and Bertram de Tancrey, to oversee the Banks and Ditches upon the Sea coasts and parts adjacent, in the County of Kent; which by reason of the roughnesse of the Sea, were in many places broken; and to enquire through whose default that damage had hapned: As also of all those that held lands and tenements in those parts, and had or might have safeguard and defence any manner of way, by the said Banks and Ditches; and to distrain them for the quantity of their said Lands, or number of Acres, or Carucates, according to the portion that they held; together with the Bayliffs of Liberties, and others of those parts, for the repair of the said Banks and Ditches, in necessary places, as often and where there should be need; so that no Land-holder, rich or poor, of what estate, dignity or conditi­on soever he was, in case he had defence and preservation any manner of way, by the same Banks of Ditches, were he within Liberties or without, should have favour in any kind.

Commanding them, moreover, that in the execution of that businesse they should behave themselves with such fide­lity and discretion; that aswell the In­habitants of those places, as their lands, might be preserved from the like perils, and casually worse; any Custome, through favour, by whomsoever it had been introduced, notwithstanding. And what they should do and ordain there­in, to certifie the said King thereof, un­der their Seals, and the Seals of xxiiij aswell Knights as other honest and law­ful men, distinctly and plainly. And for their better accomplishment of that businesse, directed his Precept to the Shireeve of Kent; appointing him, that at certain dayes and places, of which he was to give them notice, he should cause to come, before the same King's Justices, such and so many honest and lawful men of his Bayliwick, by whom the truth in the premisses, might be the better known and enquired into.

By virtue also of which Mandate, the said Shireeve had command to bring be­fore the said Justices at that time, the xxiiij Jurats of Romene Marsh, and all the Lords of the Towns therein; and such and so many honest and law­ful men, of all of the maritime parts in his Bayliwick, by whom the truth in the premisses might likewise be the better known, and enquired of; and to do far­ther [Page 27] what should be ordained in the pre­misses.

Which Commissioners came accor­dingly, as also the said xxiiij Jurats, to­gether with the Commonality of this Marsh; and alleged, that K. Henry (the Father of the said King Edward) by his Charter granted to them certain Liber­ties in their Lands within the same Marsh; and required, that those their Liberties might be preserved; and no­thing accepted or ordained in prejudice of them; producing the Charter of the said King Henry, in which was re­corded the Ordinance of Henry de Bathe. And, farther, declared their approbati­on of the said Ordinance, with the ad­ditions thereto, in such manner and form, as they had before done in the xvith year of this King's reign, before Iohn de Lovetot and the said Henry de A­peldrefeld, then the Kings Justices, as I have at large already shewed; whereun­to, for avoiding repetition, I refer my Reader. Adding moreover, by com­mon agreement, to those wholsome Ordinances, these ensuing Constituti­ons; viz.

• The Ordi­nances of Henry de Apeldrefeld and Bertram de Tancrey.
  1. That through all other maritime places in the said County, lyable to the danger of the Sea, the River of Thames, or any other water, wherein the Marsh Law had not formerly been established and used; and that divers perils through defect of Banks and Water-gangs, had there hapned: Lest therefore, for the future, the like or worse might accrue. 2. That in every Hundred and Town, aswell by the Sea coast, as borde­ring on the Thames and other waters, in which the Marsh lands are subject to in­undation, there be chosen and sworn xij or six lawful men, according to the largeness of the Hundreds or Towns, & who have lands in danger of the Sea, the Thames, & other wa­ters: Which men to be assigned keepers of the Banks and Water-gangs, in the Hundreds & Towns aforesaid, who upon their Oath shall keep safe the said [...] Banks and Water-gangs; and when and as often as need requireth, re­pair them: As also shall, in respect of the raging of the Sea, raise the said Banks high­er, by four foot, at the least, than formerly they were, and make them of thickness answe­rable to that height.
• 3. For the reparation of which Banks and Water-gangs (when need shall so require) the charge to be raised in manner following; viz. That all and singular persons, having lands lyable to the danger, whether situate neer or far off, forasmuch as they have pre­servation by those Banks and Water-gangs; they shall contribute for the quantity of their Lands and Tenements, either by number of Acres or Carucates, according to the pro­portion of what they hold; so that to no Te­nant of these Lands or Tenements, be he rich or poor; or of what order, state, dignity, or condition soever, either within Liberties or without, any favour shall be shewed in this matter.
• 4. That in every place, for the levying of the said costs and chardges; and faith­fully laying it out upon the said Banks and Water-gangs, two lawful persons, out of the said sworn men to be assigned; who, together with the Bayliffs of the Liberties, or Lords of the Fee, shall make distresses for the same.
• 5. And when the before-specified Banks, shall be, according to the Ordinance of the Iurats, so repaired at the common chardges; that there shall be assigned to every man, his peculiar portion of the Bank, by certain pla­ces and bounds, to be sustained at his own proper costs, according to the quantity of his Tenement and number of Acres subject to that danger; so that it may [...]e known where, and by what places, and to what por­tion every man is so obliged to make de­fence.
• 6. And if any shall be negligent in pay­ing their portions of the said contribution, at the day appointed by the Iurats for that purpose; or in his portion for repair of the Banks, that he be distrained by his goods and Catalls, wheresoever they should be found, within Liberties or without, till he have con­tributed his share, and paid his chardge of the said Banks, with double costs: Which double to be reserved for the common benefit of the like repairs in those parts.
• 7. And that those distresses shall be made by the Collectors of the said costs, toge­ther with the Bayliffs of the Liberties, or Lords of the Fee: And, being so made, to [...]e kept for the space of three dayes at the most; if they, upon whom they shall be made, be stubborn or negligent for so longtime, and then forthwith sold, in respect of the perillous rage of the Sea, immi­nent.
• 8. And if aswell the Collectors, as Tenants, shall be found negligent in performing the premisses; that then every Lord of the [Page 28] Fee, within the compasse of his Fee, shall cause the said Banks and Water-gangs to be repaired, at his own proper chardge; and the costs that he shall be at therein, together with the double thereof, he shall cause to be levyed upon the goods and Catalls of those that are negligent, for his own use.
• 9. And that no Shireeve of Kent, for the time being, or his Bayliff or Officer shall take any distresse, touching the Banks and Water-gangs in any Marshes; nor thence­forth meddle at all; neither with the distres­ses, taken by the Lords of the Fees, Bayliffs of Liberties, or Collectors of the costs or contributions to the said Banks and Water-gangs; nor distrain them by Writ of Reple­vin; nor deliver them by surety, or pledge any manner of way.
• 10. And it was also ordained and con­cluded; that if the Iurats, so chosen for the custody of the Banks and Water-gangs; whether they shall be of this Marsh of Ro­menale, or of other maritime Lands, do refuse to come at the Summons of their Bay­liffs, for the necessary repair of the said Banks and Water-gangs; they shall, for that their negligence, be punished by their Bay­liffs, as in this Marsh of Romen­hale, they had been heretofore accustomed.
• 11. And that the Collectors also of the costs, bestowed in repair and support of the Banks and Water-gangs, after the said re­pairs are perfected, shall forthwith make their accompt, before the Iurats and Bayliff of that Country, aswell within the Marsh of Romenhale, as without, of all monies as­sessed and levyed for the before-specified repairs; as also for the double, whensoever it may fortune to be levyed: And if they shall not so do, then to be distrained by the Bayliffs of the Country or place, to make ac­compt thereupon: Saving alwayes to the chief Lords of the Fees, their right which they have, and hitherto had wont to have, touching the defence of their Lands, accor­ding to their feoffments; & of levying the double, according to antient custome used, as it is contained in the Ordinace of the said Henry de Bathe.
  ☞

In testimony whereof, Sir Walter de Ripple, and Sir William de Haute, Knights; Adam Wastechar, William Waste [...]har, Wil­liam le Ros, Guy de Trulegh, Iohn Amfrey, Peter de Maryns, Thomas le Reade, Thomas Elys, Hugh de Suthlonde, Richard Ion, William Collol, Henry de Bettesangre, Ior­dan Collol, Iohn atte Ware, Hamon atte Porte, Iohn Sprott, Iacob de Pastre, Iohn de Mossederme, Henry Kenet, Thomas le Frensse, Henry Woodman, and Willi­am de Mereworth did put to their Seals.

That the Ordinance of the said Henry de Bathe, for preserving this Marsh; as it was in no mean esteem, we see, by all those of the Country, whom it imme­diately concerned; so had it a high re­gard with the succeeding Kings of this Realm, as by their Confirmations there­of (of which I shall in due place take notice) will appear. The first of which Confirmations was made by King Ed­ward the second, whose Charter Pat. 7 E. 20 p. 2. m. 26., for that purpose, beareth date at Westmin­ster the xxiijth of November, 7 E. 2. In which he first makes mention of his Grand-father K. Henry the 3^ds Patent in 36^o of his reign; whereby he decla­reth his Royal pleasure, that no Shireeve of Kent shall intermeddle with such di­stresses as should be taken for the repair of the Banks and Water-gangs of this Marsh. And next in that of 42^o which expresseth the occasion of his sending Hen. de Bathe, his Justice, into those parts; and at large reciteth the said Ordinance thereupon then made by the said Henry. And then concludeth thus; Nos attendentes, quod impetus maris in parti­bus illis, plus solito jam accrevit, &c. i. e. We therefore, taking into considerati­on, that the violence of the Sea in those parts, is grown greater than it had wont to be; by reason whereof it's necessary that a more diligent regard should be had, for the reparation of the said Banks; Forasmuch as by a breach in them, though but small, should it happen (as God forbid) an inestimable and inrecoverable losse must needs accrue to us and the men of the said Marsh. Purposing therefore to make prevention of such dam­age and peril, and to provide for the safe­guard of those parts, aswell for our own bene­fit, as the commodity of the said Marsh-men (as we are obliged to do) we do, for us and our heirs, as much as in us lyes, ratifie and confirm all and singular the things in the said Letters Patents of our said Grand-father, and the before-specified Ordinance contain­ed: Willing and commanding, that no Shi­reeve of Kent, or any of his Bayliffs, for the time being, shall of himself at all inter­meddle with such distresses, as are or shall [Page 29] be made by the direction of the said xxiiij Iurats: But that such Iustice, as is to be executed thereupon, shall be reserved to us and our heirs, or to our special Mandate, as it is before expressed in that Patent of our said Grand-father.

Which King, continuing his mindful­nesse thereof, by his Letters Pat. 10 E. 2. p. 1. m. 23. in dorso. Patents, bearing date at York, 24^o Augusti, in the tenth year of his reign, appointed Robert de Kendale; Iohn Malemeyns, de Hoo; and William de Cotes (Gentlemen then of special note in this Country) to oversee the Sea-banks in this Marsh, situate be­twixt Apeldre and Romenale. And in the 17^o of his reign, by the like Patent Pa [...]. 17 E. 2 p. 2. m. 12. in dorso. dated at Westminster xxo Maii, con­stituted Edmund de Passele, Iohn de Ifeld, and Robert de Sardone, his Commissio­ners for the like view of the Banks in sundry parts of the said Marsh.

The next year following, there having been a complaint made to the King, that by reason of a certain Trench, made be­twixt Apuldre and the Port of Romen­hale, very many discommodities and losses dayly befell the Country adjacent: Whereupon he assigned Claus. 18. E. 2. m. 38. the before-specified Edmund and Iohn, together with William de Cotes, to enquire by the Oaths of honest and lawful men of these parts, by whom the truth in the premisses might be the better discovered, who they were that made that Trench, and when and for what cause; as also how, and in what manner: And moreover, what discommodity & damage had hap­ned by means thereof, and to whom, and in what sort. But being afterwards ad­vertised, that there was so great a dissen­tion risen, betwixt his Barons of the Cin (que) Ports, and the Commonality of Romenale Marsh, by reason there­of, that both sides were preparing to fight it out, if there should be any farther proceeding in that Inquisition; which, as it would occasion much terror to the people thereabouts, so might it not a little hinder that warlike expedition, which the said King then intended. Con­sidering therefore the need that at pre­sent he had, of the service of his faith­ful Subjects, aswell by Land as by Sea; and being desirous to his utmost pow­er, to provide for their unity and peace, by his special Precept Ibid., bearing date at Guldeford 6^o Aug. he commanded the before-specified Edmund, Iohn and Wil­liam, for the causes above expressed, to supersede the taking of that intended In­quisition, until they should receive his farther commands therein. Which stop in that businesse lasted not long: For at the beginning of the next February, the King granted out a new Commission Ibid. m. 19. to them, for to proceed forthwith there­in.

In the same year, it seems that the Banks in this Marsh, betwixt Tyd and Dengemareys were broke; for in the moneth of Iune ensuing, I find, that the said King issued out his Commissi­on Pat. 18 E. 2 [...] p. 2. m 3. in dorso. to Henry de Shardon, Thomas de [...]eversham, and William de Roberts brigge, for the viewing and repairing of them.

That greater care and regard could be, than appears by what I have already in­stanced, to have been taken, in the regu­lation of all things, tending to the safe­guard of this Marsh, cannot (I presume) be well imagined: Neverthelesse, such is the pravity of some ill-disposed men, who chiefly mind their particular gain, though it be by cheating the publick; that were it not for a strict watch over them, all good order would be subver­ted, and little else but cousenage, if not rapine practised, instead thereof, as we shall find by the doings of some, who were imployed with the levying and col­lection of moneys, to the repair of the Banks and Water-gangs of this Marsh: Who, most unconscionably, and against the trust reposed in them, made use of those Sums, so gathered, to their own private uses; insomuch as complaint thereof was made to the King in 5 E. 3. Who thereupon gave commission Pat. 5 E 3. p. 2. in dorso m. 19. to William de Clinton, Raphe Sauvage, and Thomas de Feversham, to enquire into the particulars thereof.

Which King, out of the like tender respect to the preservation of this Marsh,7 E. 3. as his Father and other his Ancestors had, by his Leters Pat. 14 R. 2. p. 2 m. 38. per [...]is. ex [...] Patents, bearing date at Westminster 28^o of Novem. in the seventh year of his Reign, wherein he recited that famous Ordinance, made by Henry de Bathe (of which I have so often made mention) added his Royal Confirmation thereof. And after­wards, at sundry times, as occasion re­quired, granted his Commission to seve­ral [Page 30] persons of quality in the said County of Kent, for the overseeing the said Banks and Water-gangs, and tak­ing care for their necessary repair, as by the enroulments of them appeareth; viz. in April 13 E. 3. Pat. 13 E 3 p. 1. m. 22. in dorso. to Thomas de Brock­hill, William de Orals [...]on, Robert de Sh [...]rden, and Geffrey de Basham, for those Banks, &c. upon the Sea-coast in the Marsh of Lude, neer Romenhale. And in Octob. following, to Pat. 13. E. 3 p. 2. m. 18. i [...] do [...]so the same Tho­mas, Geffrey, and Iames de Echyngham, touching those which lay betwixt the Town of Romne, and a certain place called Longerake; and betwixt the Church of Lyde and the Sea, within the Town of Lyde.

In Iune, 18^o E. 3. to Pat. 18 E. 3. p. 2. m. 49 in dorso. the same Thomas de Brokhull, Iohn de Erde, Thomas de Re­thelin, and William Alleyn of Broke­land, for those in Romenhale Marsh.

In March 21^o E. 3. to Pa [...] 21 E. 3. p. 1 m 25 in dorso. the same Tho­mas, and Thomas de Gillingham, Stephan Donet, and Stephan de Horsham, for the same Banks.

In April 22^o E. 3. to Pat. 22 E. 3. p. 1. m. 14. in do [...]so. Iames de Ech­ingham, Thomas de Broxhill, and the rest last mentioned, the like. So also in Pat. 22 E. 3. p. 1. m. 17. in dorso. Iuly following, to William de Broclond, Stephan de Horsham, Richard de Morton, and Wil­liam Waschare.

But notwithstanding that wholsome Ordinance, so often mentioned, and the several confirmations thereof; I find, that Simon Islip Archbishop of Canter­bury, with other Land-holders within this Marsh of Romene, made a grievous complaint Ex [...]od. MS. [...]. S. Io [...]n Arm. [...]. 12. b. to the King in 33 E. 3. that whereas all those their lands lay borde­ring to the Sea coast; and without the continual support of the Banks, Gutters, Ditches, and other Mounds, aswel for excluding the Sea, as for the voiding out of the fresh waters, there made, they could not by any means be defended and preserved. Farther shewing; that for the safeguard thereof, it was in the time of King Henry, sometime King of Eng­land (Ancestor to the said King Edward the 3^d) ordained by Henry de Bathe, and his Fellows, Justices of the said King, for that purpose; that whosoever being Tenant and resident within the precinct, whom the greater part of the Lords of the Towns therein situate, should choose, ought to be the Bayliff to levy the Taxes, assessed for reparat [...]on and maintenance of the said Banks, as in the said Ordinance more fully may appear. And, that though in pursuance of those Ordinances, one Iohn atte Lose, a Te­nant and resident within the said Marsh, had been elected and deputed to the Of­fice of the said Bayliff, for levying of the said Taxes, by the Lords of this Marsh, in form aforesaid: Neverthe­lesse one Matthew at More, and other his Complices, having confederated themselves together by false contrivance, to constitute another Bayliff there, in favour to his friends, and to lay load un­justly upon others, contrary to the be­fore-specified Ordinance; did so terrifie the said Iohn, by grievous threats, and otherwise hinder him, that he neither would or durst take upon him that Of­fice, according to the said Ordinance; So that by reason of the said Bayliffs de­fault, all the before-specified Marsh, being dayly lyable to be overflown, was in danger to be destroyed, without spee­dy remedy were had.

The said King therefore, taking this complaint into mature consideration; for prevention of that imminent mis­chief, granted his Royal Commission Pat. 35 E. 3. p. 1. m. 6. in dorso., bearing date at Westminster, 17^o Febr. in the same thirty fifth year of his reign, to Thomas de Lodelowe, Robert Belknap, and Thomas Colepepir; appointing them, or any three or two of them, aswell to oversee the said Banks, Gutters, &c. and cause them to be repaired, as to take a view of the said Ordinances: And in case they should find them any way defective,☜ as to the defence of the said Marsh against those inundations, then to correct and amend them; and, if need were, to make a new Ordinance, to direct how the same Marsh might be better defended and preserved against the said waters, upon any chance that should thenceforth happen: And to decree certain strict punishments against all such as should transgresse the said Ordinances so to be made by them the said Thomas, Robert, and Thomas, or any two of them.☜ And moreover, to cause Proclamation to be made, all about in those parts, for the perpetual observance of them: And likewise to do all other things for the safeguard and defence of the said Marsh, in exclusion and evacu­ation [Page 31] of those waters, as should be ne­cessary and fit. And lastly to enquire by the Oaths of honest and lawful men of that Country, of all the confedera­cies and practices before specified; as also of such trespasses and contempts, as had been made against the said King, by the before-mentioned Matthew and his Complices.

By virtue of which Precept Adhuc ex praef. cod. MS. penès praef. O [...]iv. S. Iohn., the said Thomas, Robert, and Thomas, being met at Crowethorne, the Monday next after the Feast of the Translation of S. Thomas the martyr,E [...] [...]x ver. [...]od. MS. penés Will. le N [...]ve Clar. Regem Armorum. an. 1640. in the year above­said [...] by the consent of the Lords of the Towns, the Bayliff, xxiiij Jurats, and Commonality of the said Marsh; viz. by Iohn Franceis, Attorney to Simon Archbishop of Canterbury [...] the Ab­bot of S. Augustines in Canterbury; the Prior of Christs-Church in Canter­bury; Simon, Master of Gods-House in Dovor; Edmund Staplegate Lord of Nether-Bilsyngton; and other Lords to this purpose specially elected, with certain also of the Commonality; scil. William de Echyngham, Stephan de Valeyns, &c. chosen likewise for the said Commonality, did ordain Ibid. and ap­point, 1. that the common Bayliff of the said Marsh, The Ordi­nances of Thomas de Lodelowe and his associates. who hath lands and residence there­in, should be elected by the publick consent of the Lords of the Towns of the same Marsh, or their special Attornies: And where the greater number consenteth, the c [...]oice to stand: Which election to be made at Demecher­che or Newecherche, Choice of the Bayliff. or some other fit place, within the compasse of the said Marsh, in the xv^me of S. Michael, yearly; upon summons of the before-specified Bayliff; ex­cept upon necessity and reasonable cause, the said Bayliff ought to be removed, with­in that year, and another put in his place.

Penalty for refusal.2. And if the person so elected, shall be pre­sent, and refuse to undergo the said Of­fice, that he be forthwith amerc'd in xl ^s. to be levyed by the succeeding Bayliff, upon his Goods and Catals, for the common benefit of the said Marsh: And so forthwith a new choice to be made of another Bayliff, who will undergo the Office, and take his Oath, and receive for his Fee the double of all the money assessed upon any whomsoever, The Bayliffs Fee. for their negligence. And if the person so e­lected, shall be hereafter hindered by any man, so that he dare not undergo the Office, that then the parties so hindering him, to be severally punished by the said Electors, in such sort as the said Bayliff should have been punished, if he had refused to take his Oath, and to bear the same Of­fice.

3. And if i [...] happen, How the p [...]r­ty elected, be­ing absent, shall be com­pelled. that he that shall so be chosen, be absent at the time of election, all his Goods and Catals to be forthwith distrained, by the preceding Bayliff of the Marsh, and impounded in fit and wanted places; and there detained until he shall repair to the Arch-bishop of Canterbury, Abbot of S. Augustines, and Prior of Christs-Church, for the time being, or to one of them; and admit of the said Office and take his Oath; and thereupon carry to the preceding Bayliff his Letters sealed: And this he shall do within six dayes next after the election made; and if he do not, then to be punish­ed as aforesaid, and a new election to be pre­sently made.

4. At which principal Last, That the Col­lectors and Expenditors do make ac­compt of their receipts if the said common Collectors of all the former gene­ral Taxes, will be present, they shall make their accompt to the Bayliff, xxiiij Iurats and Commonalty of the said Marsh: Which accompt to be written by Indentures, made betwixt them and the Bayliff, xxiiij Iurats and Commonalty of the said Marsh. And after the same manner shall the Bayliff make his accompt of those things, which belong to him to reckon for.

And if any of the xxiiij Iurats, How those that are ab­sent in the L [...]st, shall be amerced. do make default in the said principal Last, except he have a reasonable excuse, he shall be amerc'd in xii^d to be levyed by the Bayliff, to the use of the Commonal­ty.

5. And if it happen, The choi [...]e of the Jurats, Collectors & Expenditors. that any of the xxiiij Iurats do depart within the year, or ought to be removed, that then another be made choice of in his place, and put in the said principal Last, by the Lords of the Fees, Bayliff, xxiiij Iurats and Commonalty, of the most faithful, discreet and wealthy men of the said Marsh, to the number of xxiiij compleat.

6. In like sort it shall be done touching the Collectors and Expenditors, The pen [...]lty of the Jurats, elected refusing. so that they be not chosen out of the said xxiiij Iurats, if the said Lords will be there. And if the said xxiiij Iurats, Collectors or Expenditors, shall be chosen and will not take his Oath, he shall be amerc'd in xx^s. to be levyed as aforesaid; and forthwith another cho­sen in his place, and receive the chardge.

[Page 32]7. And if the before-specified xxiiij Iurats, shall be summoned wheresoever, within the precinct of the said Marsh, to the common or several Last, The penalty for their not appear [...]nce at the Last. where no more than eight or ten, at the most, do come; by reason where­of there can be no Iudgement and Decree made for the safeguard of the said Marsh, considering the absence of the greater num­ber; that then every absent person shall be [...]merced by the Bayliff in vi^d to be levyed as aforesaid; whereof the said Bayliff shall make accompt in the principal Last.

The Oath of the Jurats.8. Also every one of the xxiiij Iurats shall swear, that he will, together with his fel­lows, [...]ustly make all Iudgements and Decrees, not favouring rich or poor, either in making distresses, or in what concerns the Banks, Land-eas, Water-gangs, Sewers, Ditches, and Gutters; or the removing of Bridges and other impediments whatsoever, within the precinct of the said Marsh, and punish­ing of Trespassers. And that they be ob­servant to the Bayliff of the said Marsh, That they be observant to the Bayliff. for the valuing and selling of the distresses, ta­ken and impounded for three dayes or more in the places accustomed. And that they cause all the Iudgements and Decrees, by them made, to be enrolled, and thereof an Indenture to be made betwixt them and the men of the said Marsh, for the time be­ing.

The Oath of the Collec [...] ­ors and Ex­penditors.9. Likewise the Collectors and Expenditors, chosen as aforesaid, shall swear, that they will faithfully levy, collect, disburse and make accompt of all the Taxes and Assess­ments, made by the Lords, Bayliff, and xxiiij Iurats, or the greater part of them. And the same course shall be observed in all the Water-gangs, within the precinct of the said Marsh, and before every of the Lords of the Towns, if they will be present there­at.

The Oath of the Bayliff, & his making Execution.10. Also the Bayliff shall swear, that he will make faithful execution of the Iudge­ments and Decrees of the before-specified xxiiij Iurats; and of those things, which do pertain to them, to judge and determine of [...] As also, that in his proper person, he will chardge upon all the Collectors and Expendi­tors, by Oath, that they shall faithfully levy, collect, disburse and accompt for, aswel all general Taxes, as several Water-gangs so assessed, as abovesaid. And that he will, in person, take view of all the Banks, Land­eas, Water-gangs, Sewers, Gutters, and Bridges, when need shall require; at least twice in the year; viz. once in the month of January, and afterwards in the moneth of June. And that he will deliver unto his successor, all the evidences, which he hath in his custody; aswell the Charters of the Kings of England, concerning the Liber­ties and Customes of the said Marsh; as the Roules of Iudgements, Decrees and Awards, made by the said xxiiij Iurats [...] with every processe of accompts of the Collectors and Expenditors, whatsoever, done in their times. And the Clerk of the said Bayliff, The Fee of the Bayliffs Clerk. shall have for his Fee, from the Commonality of the said Marsh, vi^s. viij^d.

11. Moreover, it shall not be lawfull for any man, thenceforth, to make any Dams or Fords, That no Dams or Fords shall be made. or other impediments, in any Land-eas, Wa­ter-gangs, Ditches, or common Water-courses in the said Marsh, whereby the right course of the waters, may in any sort be hindred. And if they shall so do, and testimony given thereof, by the Baylik, and six of the Iurats, or the Commonality of the Water-course, where such danger shall be made; he shall be forthwith amerc'd, according to the pro­portion of his offence, by the said Bayliff and xxiiij Iurats; which amercement to be likewise forthwith levyed, to the common be­nefit, as aforesaid. And neverthelesse, if any other, than the Commonality, shall re­ceive damage by that means, and that proof be made thereof, by the testimony of the Bay­liff and six Iurats, satisfaction shall be made to him for the same.

12. Likewise they did ordain and appoint, The Procla­mation be made of the Tax assessed. that every Tax assessed in the said Marsh, should be proclaimed in certain publick pla­ces; and a day of payment thereupon assign­ed: And this Proclamation to be so made, that no man might plead ignorance, as to the time and place he ought to pay it at.

13. And they did farther ordain and decree, Price of the Acres for the Banks. that every Acre, for the Banks, in Ditches, and Water-gangs, be bought for xl^s. and that it shall not be lawful for any man, to draw a­way any workmen, being in the publick work, for his own private imployment; nor to take them to any other place, Workmen not to be drawn away. till that work be per­fected: And if any man shall be found faul­ty therein, by the testimony of the Bayliff, or Iurats, in the common Last, he shall be a­merc'd in x^s. to be forthwith levyed by the said Bayliff, to the common benefit, as above­said.

14. Also they ordained and decreed, How the Chanels shall be kept. that all the Water- [...]ourses within the said Mash, [Page 33] by whatsoever Lands and Tenements, How the Chanels shall be kept. in each Chanel be so kept, that the water shall not run out of it's right course, to the damage of any man; upon penalty of the value thereof, to be levyed by the said Bayliff, for the behoof of the Commonalty, when any shall be found guilty thereof, in the com­mon Last, by the testimony of the Bayliff and six Iurats.

The Bayliff and Jurats to have their chardges, in going to other places.15. And because, of antient time, it was ap­pointed by the King, that all the maritime Lands, from the Isle of Thanet, unto Pe­venese, aswell in the County of Kent, as County of Sussex, should be governed by the Laws, Ordinances, Statutes and Customes of the said Marsh of Romene; it shall be lawful to the said Bayliff and xxiiij Iu­rats, to require and have his reasonable chardges, of those which shall have a mind to bring them to the places (be they Lords, or of the Commonalty) where they ought to make their Ordinance, according to the maritime Law, aswell in the Banks as Water-gangs, Gutters, Sewers, and Fishings; and o­ther things whatsoever touching that Law.

Penalty for such as shall rescue any distresse.16. And Lastly they ordained and decreed, that if any person should make a rescue from the Bayliff of the Marsh, or his Officers, of any distresse whatsoever, taken by any of them, by virtue of the before-specified Arti­cles, or any Ordinance made, or to be made, for the benefit of the said Marsh; and there­of to be found guilty by the testimony of the said Bayliff, and six or eight of the said xxiiij Iurats; or of the Water-course, where the distresse shall fortune to be taken, he shall be amerc'd in xl^s. to be levyed to the Bayliff, for the use of the Commonalty, as aforesaid. And in the same manner it shall be done in those places, where the ma­ritime Law is used, within the Isle of Tha­net and Pevenese, whether in Kent, or Suffex.

After this, I have not met with any thing else, of this Marsh, worthy the observation, untill the 43^o E. 3. that the before-mentioned Thomas de Lodelowe; as also Robert Belknap, Iohn Woodhall, Ro­ger Dygge, William Topclive, and William Horne were constituted Pat. 43 E. 3. p. 1. m. 30. in do [...]so. Commissioners for oversight of the Banks and Ditches therein. Nor from that time till 48 E. 3. that William Latymere, Constable of Do­vor Castle, and Warden of the Cinque Ports, Thomas Reynes, then his Lieute­nant, Roger Dygge, and some others, were assigned Pa [...] 48 E 3 p. 1. m. 30. in dorso by the King, to view the Banks, Water-courses &c. thereof, ly­ing betwixt the Towns of Hethe and Newendon. By which Commission they had power to imprest so many Carpenters and other Labourers,☜ as they should deem necessary for the accom­plishment of the work in hand, where­soever they could be found, within the County of Kent.

To King Edward the 3^d succeeded Ri­chard the 2^d, in the first year of whose reign, it appears that Richard de Horne, Stephan Wettenham, Iohn Franceys, and Ha­mon Wodeman, were put in Commission, Pat. 1 R. 2. p. 1. m. 2 [...]. in dorso. for to supervise the Banks in this Marsh, from the Town of Hethe, all a­long the Sea-coast unto Apuldre; as also in other Marshes within this County; viz. from the Haven of Romney, to Promhill Church; and thence by the Sea coast to Apuldre before mentioned; they being at that time in decay, in sun­dry places thereof. Which King (viz. Richard the 2^d) out of his special care also for the safeguard of this Marsh, having viewed the Charter of his Royal Ancestor King Edward the first; where­in aswell that of King Henry the 3^d (whereof I have taken notice in it's due place) as that memorable Ordinance of Henry de Bathe (likewise before repeat­ed) are recited; did not only make Con­firmation of them both; but farther, out of his Princely favour, by the assent of his Councel, at the request of the In­habitants of the said Marsh, granted Pat. 1 [...] R. 2 [...] p. 2. m. 38. for himself and his heirs, to the Bayliff and xxiiij Jurats, which then were, and that thenceforth should be; that they, as also their heirs and successors, should for ever have this Liberty; viz. they and every of them, to be exempt from serving at any Assizes, on Juries, Inqui­sitions, or Recognitions, aswell within this County of Kent, as out of it; ex­cepting in what should relate to the said King, or his heirs. And that they, nor a­ny of them should be Shireeve, Eschae­tor, Bayliff, Collector of Tenths or Fif­teens, or of any other Subsidy, Chardge, Tax, or Tallage, to be granted to him the said King, or his heirs; or any other Officer or Minister to him or his heirs a­foresaid, against their own good will, during the time that they or any of them [Page 34] should be in the said Office of Bayliff, or one of the Jurats aforesaid. And the reason of this his Royal grant, for such immunity, he there declareth; viz. that by their absence, the whole Marsh (as he had been informed) might be over­flown in a very short time; and so, ut­terly lost and destroyed, to the infinite peril and damage of all his liege people in those parts.

In like manner, and with the like reci­tals, at large, did King Pat. 10 H. 4. p. 1. m. 17. Henry the 4^th and King Pat. 8 H. 6. p. 1. m. 21. Henry the sixth confirm the said Charter of King Henry the 3^d, and the so often mentioned Laws and Ordi­nances of Henry de Bathe, concerning this Marsh: Adding the like Liberties and Privileges, as King Richard the se­cond by his Charter, last before observed, did.

Which said Laws, with all others relating to this Marsh, as also the Cu­stomes thereof, were grown at length so famous; that the said King Henry the sixth in the 6^th year of his reign, by Inter Sta­tuta de ar. 6 H. 6. Cap. 5. the advice and assent of the Lords spiri­tual and temporal, and at the special instance of the Commons of this Realm, then assembled in his Parliament holden at Westminster, having considered the great damage and losses, which had often hapned, by the excessive rising of waters in divers parts of the Realm; and that much greater was like to ensue, if remedy were not hastily provided: And thereupon ordaining and granting, that for ten years [...]n next ensuing, several Commissio [...]s of Sewers should be made to diver [...] persons by the Chancellor of Eng [...]and, for the time to come, in all pa [...]ts of this his Realm, where should be needful (the form of which Commissi­on is there recited) amongst other things gave unto the said Commissioners speci­al power and direction, by that Act, to make aud ordain necessary and convenable Statutes and Ordinances, for the salvation and conservation of the Sea-Banks and Marshes, and the parts adjoyning, according to the Laws and Customes of (this) Romney Marsh.

And after the expiration of the said ten years, by Act 18. H. 6. cap. 10. of Parliament in 18 of his reign, continued the same form of Commissions. So also in 23 H 6. c. 9. 23. The like did 12 E 4. c. 6. K. Edw. the 4^th in 12^o of his reign, and K. Henry the 7^th in 4 H. 7. c. 1. 4^o of his.

And now having thus manifested, how great a care and regard the successive Kings of this Realm, had, for divers ages, of this famous Marsh; I will cloze up what I have farther to say thereof, with that notable Charter of King Edward the 4^th bearing date at Westminster 23^o Febr. in the first year of his reign; whereby he incorporated the Bayliff, and Jurats thereof; the tenor whereof is as followeth; viz. That whereas he the said King, held himself obliged to take care of the defence of this his Realm, and his loyal Subjects thereof, from what place soever; especially those who lay neerest to the first assaults, and attempts of his Enemies. And consi­dering, that many Towns and places, si­tuate neer the Sea, had been laid waste by the spoils and burnings of the said Enemies; and through the affrights of the Inhabitants, who thereupon forsook them, left unhabitable and desolate: Thinking it therefore most necessary, to repair the said Towns and places, or to new build others neer unto them; and being so built to endow and arm them with Liberties and Privileges; that being so fortified, they may, by the peoples recourse to them, be made more powerful and strong, for the better safe­guard of the whole Country. And considering that in this Marsh of Rome­ney in the County of Kent, which is situate neer to the Sea, there was not at that time such a plenty of people and inhabitants, as were wont to be: But were it better defended, there would a much greater confluence resort thereto, and dwell therein, for the more safe­guard of the whole Country, as he the said King had been informed from the credible relation of the Inhabitants of the said Marsh, and other parts adja­cent.

Taking therefore the premisses into consideration; of his special grace and favour, at the instant request of all the Commonalty and Inhabitants within the said Marsh, as also for the preser­vation thereof, and more security of the adjacent Towns, he gave and granted to the said Inhabitants residing within the limits and bounds thereof, that they should be one body in substance and name, and one Commonalty perpetu­ally incorporate of one Bayliff and xxiiij [Page 35] Jurats, and the Commonalty of the said Romeney Marsh in the County of Kent, for ever. And that the said Bayliff, Jurats, and Commonalty shall have a continual succession, and they and their successors for ever cal­led, termed and named by the name of the Bayliff, Jurats and Commonalty of Romeney Marsh in the County of Kent. And that they and their successors shall be persons proper and capable in Law to purchase Lands and Tenements, and other Possessions whatsoever, to themselves and their successors, to enjoy i [...] Fee and perpe­tuity. And that that they shall have a common Seal for their affairs and bu­sinesses, relating to them the said Bay­liff, Jurats, and Commonalty, and their successors: And shall plead and be impleaded, answer and be answered, by the name of the Bayliff, Jurats and Commonalty of Romeney Marsh, in the County of Kent, in every of the said King's Courts, and the Courts of his Heirs and Successors; and in all o­ther Courts and places whatsoever. Which said Bayliff and Jurats, to be elected in like manner and form; as also exercise their Offices, and be displaced from them, as heretofore it was wont and accustomed to be in the said Marsh.

And moreover, that the said Bayliff, Jurats and Commonalty, and their Successors shall have a certain Court before them the said Bayliff and Jurats of the said Marsh, for the time being, at some certain convenient place within the same, to be held from three weeks to three weeks for ever. And have full power and authority, to hear and deter­mine in the said Court, by Bills of complaint therein; all and singular Pleas of Debts, Accompts, Covenants, Con­tracts, Trespasses, by force and Arms, or otherwise in contempt of the said King, or his Heirs; with many other Liberties and Privileges, of which for brevity I omit the rehearsal; referring my Reader to the Record Pa [...] E [...] 4. p. 2. m. 3. it self, if he de­sire to be farther informed therein.

And likewise the said King, for him­self and his Heirs, then granted to the said Bayliff, Jurats and Commonalty, and their successors, that they shall from time to time have power to make reaso­able Ordinances and Constitutions of good credit, and consonant to reason, for the common good of the said Marsh; as also for the sound and wholsome Go­vernment thereof; and for the common profit of the Inhabitants and residents therein; to make use of them and put them in execution, within the bounds and limits thereof: And likewise to change them and every of them, for e­ver, as they shall see best. And that the said Bayliff, Jurats, and Commonalty, and their successors, for the necessities and profits relating to the said Marsh, shall amongst themselves assess and levy Taxes, and lay impositions upon the Goods, Lands, Tenements, and Merchan­dizes of the Inhabitants and residents, being within the bounds and limits of the said Marsh; and otherwise, as it shall seem best to them, without the let [...] or impediment of the said King or his heirs, or his or their Justices, or other their Of­ficers whatsoever.

And moreover granted to the said Bayliffs, Jurats and Commonalty, and their successors, that none of them, or of their heirs and successors, thenceforth should be put or impanelled in any As­sizes, Juries, Recognitions, Attaints, or any other Inquisitions whatsoever, out of the bounds and limits of the said Marsh; nor to be compelled to go out of those bounds or limits, to travail on any Juries, Inquisitions, Assizes, Recog­nitions, Attaints, or matters whatsoever, though they concern the said King, or his Heirs. Nor that any of them shall be made an Assessor, Taxer, or Collector of Tenths, Fifteens, or any parcell thereof; or of any other Chardge, Sub­sidy, Tallage &c. whatsoever.

CAP XII.

HAving now done with Romney marsh, I come to East Kent, in which the first thing observa­ble (wherewith I have met) is, that the K. Edw. the first, by his Letters Pat. 13 E. 1. m. 19. in dorso. Patents, bear­ing date at Westminster, xvio Maii, in the thirteenth year of his reign; making mention, that he had granted license to his Barons of Sandwich, for the dig­ging of a certain Trench, over the lands, lying betwixt Gestlinge, and Stonflete; and from Stonflete to the said Town of Sandwich; to the intent that the passage of the water called Northbroke, which was at Gestling, should be diver­ted; so that it might run to Sand­wich, for the perpetual commodity of that Town, and his Barons thereof; he the said King assigned Solomon de Roche­ster, and Roger de Norwode, to enquire by the Oaths of honest and lawful men of the County of Kent, in what place the said Trench, and over whose lands, and to the least damage of the said Land­holders, it might be most fitly made: As also to provide and take care, that the same Trench, and turning of the said wa­ter, should be so done, that the owners of those Lands, over which it was to passe, might be satisfied for the hurt they should receive thereby, before the work was begun.

About three years after, the said King directing his Precept Ex vet. cod. MS. in bibl. C [...]to [...] [ [...]b effigie Cleopa­ [...]ae. C. 7.] f. 45. a., dated at Tutte­bury, the xvijth day of November, in the 16^th year of his reign; unto Edmund de Passele, Iohn de Ifelde, and Stephan de la Dane; and therein expressing, that by reason of the defect in repair and sup­port of the Banks,Item ex vet. cod MS. penès Ro [...]. T [...]dea d [...] East- [...]eckham in com. Kan [...] Baronetium. p. 223. Ditches, &c. on the Sea-coasts, and adjacent Lands, lying in the parts of East-Kent; very great dam­age through the violence of the Sea, and overflowing of the fresh waters, had hapned; and that greater would ensue, unlesse some speedy remedy were apply­ed: for prevention thereof he constitu­ted the said Edmund, Iohn, and Stephan, his Justices, to supervise and take care thereof.

By virtue of which Precept, the Shi­reeve of Kent was commanded to bring before the said Justices, at a certain day and place, xxiiij aswell Knights as other honest and lawful men, of the Vi­cinage of Monketone and Menstre, (in the Isle of Thanet) and to enquire of the premisses. At which day he, ac­cordingly, returned his Writ, and brought before them, Iohn Fryday, Ro­ger Belringer, and others; who being sworn to take view of the defects in those Banks, Ditches, Gutters, and Sewers, in the Marshes of Monketone and Menstre, and to certifie unto the said Justices, through whose default those damages had hapned: they answered, that they knew not, except it were by the boysterousnesse of the Sea, and the flouds of fresh waters. And being as­ked when the said Banks and Ditches were so destroyed, and who ought and had wont to repair them? They said upon their Oaths, that when the Sea­bank was new made, all the men that had lands, lying within the danger of inun­dation; whether they were neer or re­mote, and who had preservation by the same Bank, did contribute, according to the proportion of what they held, for a certain time, to the making and repa­ration thereof. And after the making and first repair of the same; those then, who had lands adjacent thereto, did, at their own costs, repair the same de­fects, which afterwards hapned, and not any others.

And having perused the Ordinances of Sir Henry de Bathe, Iohn de Lovetot, and other Justices their associates, which were approved and confirmed by the [Page 37] King; in which Ordinances it was ex­presly contained, that all persons, having Lands or Tenements, or common of Pasture or Fishing; or that had defence and preservation in any sort, or might have, by the Banks, Ditches, Gutters; Sewers, &c. in those Marish grounds; ought to contribute, according to the quantity of their said Lands and Tene­ments, either by number of Acres, or by Carucates, according to the propor­tion of their said tenure, not only, to the new making of the said Banks, Ditch­es, &c. but to their repair and support, as often and whensover need should re­quire: Whereupon it seemed meet to the said Justices; that, not only they, who had grounds lying neer to those Banks; but also they, who held lands situate within the before-specified Marshes of Monketone and Menstre; whether neer, or at a large distance; forasmuch as they are within the peril of the Sea, and had, or in some sort might have had safety and defence by the same Banks, Ditches, &c. ought to contribute thereto, according to the quantity of their tenure, without any fa­vour, either to rich or poor, of what condition, state, or dignity soever: And to be compelled thereto, not only by distresses and amerciaments, but also by double the chardge; and whatsoever other wayes or means, is in the said Or­dinances contained.

And for the fulfilling of all these things, in the said Marshes of Monke­tone and Menstre, it was then ordain­ed and agreed, that a common Bayliff should be elected by the Lords of the Fees, and Commonalty of the Marsh, within the said Marsh of Monketone; and another Bayliff in the Marsh of Menstre; to supervise, do, and execute all such things as to the Office of Bay­liff of the Marsh pertained, according to the judgement of the Jurats, or Dike-Reeves.

Also that there should be chosen xij honest and lawful men, by the Lords of the Fees, or their Attornies, and the Commonalty of the Marsh; or six of the Marsh of Monketone, and six of the Marsh of Menstre, who had lands in the said Marshes, lying in danger of the Sea; which twelve to be assigned and sworn, jointly to oversee the Banks, Ditches, &c. in the said Marshes; and to measure all the Lands, Tenements, and common of Pasture in those parts, which either had or might have safety and defence, in any sort, by the said Banks, Ditches, &c. to the end it might be known for how much they ought to contribute; and who afterwards, upon their Oaths might supervise those walls, Ditches, &c. and place a certain Crest. Keire in every part of the said Banks, of such height and thicknesse, that the Marish grounds might be fitly preserved there­by: And that they should hold their Last when and as often as it might be needful for any defect in repair. And that a certain day be by them assigned, within the compasse whereof those de­fects should be made good, according to their discretion: And if the said re­pairs were not compleated within the time prefixed, that then the several Bai­liffs, within their particular Bayliwicks, should lay out their own moneys, and receive the double thereof: And the xij men to give notice of the several de­fects, to those Bayliffs, after the re­pairs were not made good within the time so assigned. And if any of the said Bayliffs, Jurats, or Dike-Reeves did die; or not give content to the said Lords of the Fees and Commonalty, others should be chosen in their stead, by the Lords of the Fees, or their Attornies, if upon no­tice given they would come in; and by the Commonalty of the said Marshes. And they to be accounted Bayliffs or Jurats of every Marsh, who should have the consent of the Lords of the Fees, and greater part of the Commonalty of the said Marsh, lest that by long delay much peril might happen.

Also that there be chosen out of the xij Jurats, two men, in either Marsh, who were to be the Collectors of all such moneys, as should be assessed for those common repairs; viz. in Gutters, Sewers, Water-gangs, and of the whole Bank, which lyeth in common to be re­paired and sustained: And those two so chosen, to make Collections and dis­bursements; and of such their receipts and layings out, afterwards to render a just accompt to the said Lords of the Fees, or their Attornies, and to the Com­monalty of the said Marshes, within the several Marshes. And the Bayliffs of the [Page 38] Lords of the Fees to assist the said Col­lectors in the assessing and gathering the said moneys, and likewise, if need be, to distrain for the same.

Also that the said Common Bayliffs should cause the said xij men to meet to­gether, as often and whensoever there might be need; or that there was any danger, to supervise all the Banks, Ditch­es, Water-gangs, Sewers, and Gutters; and to take certain consideration, before they departed, of all the defects; and likewise to assesse a certain portion of money upon every acre, to each Tenant, according to the quantity of what he held; and also to repair and amend the said defects within a certain time, whe­ther that they belong'd to particular persons, or the whole Commonalty; and for the fulfilling of all those deter­minations, that they be not only com­pelled by distresses, but by amercia­ments; and double, if need requi­red.

And the said Bayliffs moreover, should punish all such, as being refracto­ry to their summons, did not appear. And if any mans Land, lying within the Banks of the said Marshes, were digg'd for the repair of the said Banks, Ditches, Sewers or Water-gangs; or for any new Bank or Ditch; or for the making of an in-ditch or out-ditch, that then the Commonalty of every Marsh should give satisfaction to the par­ty damnified, by the discretion and judg­ment of the said Jurats, according to the usage of Marish Lands; having al­wayes respect to the quantity of the ground so digged or lost: Saving al­ways to the Lords of the Fees their right which they had and ought to have a­gainst their Tenan [...]s within their proper Fee, aswell for having defence, as for the taking double, when through their Tenants default, they did lay down their own moneys.

And lastly, that if any thing of diffi­culty, doubt, or obscurity did fortune to arise in these Ordinances, that it should be reserved to the Decree and Declara­tion of the before-specified Justices. Nor was it the intent of the said Justices, that any persons, who ought to have safe­guard by others; or that held their lands under certain conditions, should be by this Ordinance excluded from their de­fences and agreements, in case that such their agreement were not derogarory to the Law.

And for the performance of these Or­dinances, William Shirreeve and Iohn Coo­pere of Hoo, were appointed Collect­ors of the moneys to be levyed in Men­stre; and William de Everle and Thomas Hamon, in Monketone.

The next year following (which was the xvijth of the said King's reign) I find that Iohn de Lovetot and Henry de Apul­drefelde, being also constitued Pat. 16 E. 1. m. 1. in dorso. Commis­sioners for the viewing of the Banks, Ditches, &c. in the parts of East Kent, which were broken and in much decay, through the violence of the Sea; and to provide remedy for the same; met Ex cod MS. in bibl. Cotton. sub effigie Cl [...]opatrae [...] C. 7. f. 41. a. at Erchesto, on the morrow after the Feast of St. Iames the Apostle; where all those that held Lands lying within the Hundreds of Eastri and Cornilo, which lay in danger of the Sea, by vir­tue of the said King's Precept, attended them; as also such and so many lawful men by whom the truth in the premisses might be the better known. And it be­ing then and there testified by the Com­monalty of the Country; that it was ex­pedient for the said whole Commonal­ty to have one Bayliff and xij Jurats, within those Marshes, in such sort as they of Romeney Marsh, and the Mar­shes towards Sussex then had; the same Jurats appointed the said whole Commonalty, then and there being, that they should make choice of one Bayliff, and xij trusty and lawful men, viz. six of the Hundred of Eastrie, and six of the Hundred of Eornilo, having Lands lying in peril of the Sea within the precinct of those Hundreds. Who being accordingly chosen, did [...]orthwith swear, that they would faithfully per­form all things, which on the King's be­half might therein be enjoyned. Where­upon the said Commissioners appoint­ed them, that they should upon their Oaths justly measure all the Lands, aswell of the Lords, as Tenants, which lay in danger of the Sea within those places: And having so done, that then the said Jurats should cause the said Banks and Sewers to be made, at the common chardge of all those, which had Lands in those parts, within the compasse of [Page 39] that danger, for the safeguard of them from the like peril, and defence of the Lands lying so in danger. And moreo­ver, that they should frequently oversee those Ditches and Sewers, and cause them to be kept in repair at the common chardges, as aforesaid, whensoever need should require. And if any of the said xij Jurats should happen to dye, or could not attend the care of the said Banks and Sewers; that then another of the same Hundred, should be forthwith chosen by the rest of the surviving Ju­rats, in each hundred; and sworn to perform all the premisses faithfully and diligently, together with the said other Jurats.

According to which Ordinance the said xij Jurats of the before-specified Hundred of Cornylo; did then cause all the Acres of Land and Marsh, lying in the said Hundred, and in the peril of the Sea, to be measured; the number whereof were as followeth; viz.

Acres.

Belonging to the Abbot and Covent of St. Augustines in Canterbury

CLiii.

The Tenants of Scholdone

Ciii.

The Tenants of Northbourne

Lxx.

The Tenants of Fenglesham

Lx.

Dionyse de Foulmed

Cx.

Thomas de Bonyngton

xcii.

Smothemershe contained in it self,

xlv.

Mennese of Cornylo contained

Liii.

Collol and Laurence Marscall, had one Marsh called Calhill, containing

iiii.

The Tenants of Dale

CXLvi.

Brokes of Monyngeham

x.

The Fee of Scholdone

CLv.

The Prebend of Dale

xlii.

The Chamberlain of S. Augustines of Canterbury

xiii.

The Tenants of Lydene, in the whole

CCxxxiiii.

The Prior of Dovor, and his Tenants

CCCvi.

The Abbot and Covent of Langedone

xliii.

The Cotiers of Northbourne

Lix.

The total of all the Acres. MDC. The total of the Assessment xxxv ^l. viii ^s. iiij ^d.

In like manner did the same Jurats measure the Lands lying within the the Hun­dred of Eastrie wherein they found that;

Acres.

The Prior and Covent of Christ-church in Canterbury, had in the whole

CCCCiii.

The Tenants of Halklyng

Lx.

The Tenants of Worthe

XC.

Likewise towards Henelyng

iii.

The Field called Herynglond,

x.

The Field adjoyning to Herynglond, on the North

xv.

In one Marsh, called Garestoft

xxv.

In the Marsh, called Stapynberghe

Cviii.

In the Marsh, called Prestemed

xv.

In the Marsh from Hamme bridge, to the curtilage of Iohn Feykyn

L.

The total of all the Acres DCCLxxix. The total of the Assessment xvi ^l. iiii ^s. vii ^d.

Acres.

Sir Bertram de Trauncrey, and his Tenants

Lviii.

Iohn Fitz Bernard.

xl.

Nicholas de Sandwyche

[...]xxxix.

[Page 40]The Heirs of Simon de Ercheslo

L.

Thomas Edwards and his Partners, at Sanddowne

Cxxxiiii.

The Heirs of Henry de Schenebroke

vi.

The total number of Acres CCCLxxvii.

The total of the Assessment—vii ^l. xvii ^s. i ^d.

The total of the Acres in both Hundreds, MMDCCCLvii. Acres.

The total of the whole Assessment—Lix ^l. x ^s.

In the same year (viz. 17 E. 1.) Wil­liam Barry of Rolvyndenne complain­ing, that whereas one William de Potone, in respect of his Lands lying within the Marsh of Neubrok and Rolvyndene, neer to the Sea coast, betwixt Smal­hede and Mayhamme, ought to repair and maintain certain Banks, Ditches, &c. for the defence of his Lands and Tene­ments, and of others having lands in that Marsh, against the violence and rage of the Sea; and that the said William de Potone, notwithstanding that himself and his Ancestors, had alwayes wont to re­pair and maintain them, did then with­draw himself from so doing; the King therefore by his Letters Patents, bearing date at Ledes xxi Aug. did constitute Pat 17 E. 1. m. 10. Henry de Appeltrefeld, Robert de Savau­uz, and Henry de Ledes, his Commissio­ners to enquire the truth thereof, and to make redresse accordingly.

The next year following, upon the like complaint of Osbert de Forshamme, Hugh de Herindenne and Eustace de Casing­hamme; that whereas Iohn Malemeins, by reason of his lands in Rolvin­denne aforesaid, lying neer the Sea coast, betwixt Mayhamme and Newindenne, ought to repair and main­tain certain Banks, Ditches, &c. for the defence of the said Lands, and the Lands of others, against the force of the Sea; he the said Iohn, notwithstanding that himself and his Ancestors, had usually so repaired them, did maliciously neglect so to do; by means whereof, the said Osbert, and others, holding Lands in those parts, did through the violence of the Sea, undergo grievous and intolera­ble losses; the said King by his Patent dated at Kings-Clipston 30 Oct. 18 E. 1. appointed Pat. 18 E. 1. m. 5. the said Henry de Aple­trefeld, and Bertram de Tancre, his Justice [...] to enquire, and make redresse thereof.

The like Commission, upon the com­plaint of William de Barry of Rolvyn­dene, against the said Iohn Malemeins, who by reason of his lands in the Marsh of Westbroke, ought to have repaired certain Banks and Ditches there, and neglected so to do; was directed to the before-specified Henry and Bertram.

In the same year 8 Dec. Hugh de Blund, Iohn de Dovor, and William de Ga­tecumbe were constituted Pat 18 E. 1. in dorso m. 44. Commissio­ners to oversee the Banks, Ditches, &c. lying on the Sea-coast within this Coun­ty of Kent.

And the next ensuing year, upon a farther complaint made by the before-specified Osbert de Hamme and others, against the said Iohn Malemeyns, for his neglect to repair the Banks and Ditches betwixt Mayhamme and Newindenne, formerly mentioned, the said King by his letters Pat. 19 E 1. m. 22. Patents dated at Asherugge, asso­ciated Wil. de Gaselhamme to the said Henry and Bertram, to make a new enquiry thereof.

In 20 E. 1. the King being informed, that Richard Ferynge, Parson of the Church of Lymene, having, by reason of his Lands and Tenements belonging to his said Church, at his own proper costs repaired, and was still ready so to do, a certain Bank at Westhethe, situ­ate neer the Sea-coast, as often as need required: and that therefore he ought not to contribute to the repair of any o­ther Banks, forasmuch as neither him­self nor his Predecessors, Parsons of that Church, had ever been accustomed so to do: And that neverthelesse, Iohn de Chert, Bayliff of Romenhale Marsh, and the xxiiij Jurats of the said Marsh, had newly distrained him, together with others of those parts, for the repair of the Banks and Ditches, neer the Sea- [...]oast, at Appeldere; the said King herefore, not willing that the said Par­ [...]on should suffer wrong therein, granted [...]is Commission Pat 20 E. 1. m. 2. in dorso, bearing date at Chau­ [...]one the 18^th of Febr. unto Stephan de [Page 41] Pencestre, and William de Echingham, to make enquiry in the Premisses, and to make redresse of such injury as they should find to have been done there­in.

And in 27 E. 1. the Sea-banks in this County, being grown to decay in di­vers places, Robert de Septva [...]s, and Wil­liam Mause were constituted the Pat. 27 E. 1 in dorso m. 28 King's Justices to take view of them, and to take order for their speedy re­pair.

In 2 E. 2. William de Walleins and o­thers, being constituted Ex cod. MS. penès O [...]o. S. I [...]n c [...]p. Just [...]c. d [...] [...]anco 3 D [...]c. 1657. t. 12. b. Commissio­ners for the viewing of the Banks and Water-gangs in this County, sate at Newcherche upon the Monday next following the Feast of S. Mildrede the Virgin, in the said year; where, by the common assent of the Lords of the Mar­shes of Lyde and Oxney, and the ap­pointment of the King, it was ordained, Ex cod. MS. penès O [...]o. S. I [...]n c [...]p. Just [...]c. d [...] [...]anco 3 D [...]c. 1657. t. 12. b. that thenceforth the said King's com­mon Bayliff in Romeney Marsh, should oversee the Bayliffs and Jurats of the said Lyde and Oxney; and when necessity should require, to summon them, toge­ther with the xxiiij Jurats of Rome­ney Marsh, to fit places, to consult of Ordinances and making Laws for the de­fence of the Lands in the said Marshes; so that they should alwayes abide by the Determinations and Customes of the said Jurats, for the lesse losse and more safeguard of their Lands, notwithstand­ing any Custome to the contrary: Sa­ving alwayes the tenor of the King's Charter granted to the Commonalty of the said Marsh, and likewise the Ordi­nances of Sir Henry de Bathe, as al­so of Iohn de Lovetot and his associ­ates, for to remain in their full power.

In the same year Henry de Cobham Ju­nior, Iohn Malemeyns and William de Bernefeld were appointed Pat. 2 E. 2 m. 22. in do [...]so cedul [...]. by the King, to take view of the Banks, Sewers, &c. in East-Kent. So likewise were Ware­s [...]o de Valeynes, Iohn Malmeynes, and Hen­ry de Worhope assigned Pat. 2 E. 2. m. 19. in dor­so. to make enquiry of the Banks, Ditches &c. in the Marshes of Meyhamme and Gatesdenne, upon the Sea coast, betwixt Smallyde and Meyhame, then wanting repair, through the default of Raphe de Thordonne, Sco­land de Forshamme, Thomas Fitz Hubert of Hechyndenne, and Walter de Mar­cleshamme [...] who held lands in those Mar­shes.

In 6 E. 2. the Jury for the Hundred of Cornylo exhibited a Presentment Ex cod. vet. MS. pen [...]s Rog. [...]. [...]ro­nettum p 108. un­to Hervic de Stantone and his fellow Ju­stices Itinerants, sitting at Canterbury in the Octaves of S. Iohn Bapt. importing that the Prior of Christs-Church in Can­terbury, did, about ten years then past, divert the course of a certain water, cal­led Gestling, in which such Felons as were condemned to death, within the before-specified Hundred,☜ ought to suffer judgement by drowning; so that by this turning of that stream, those condemned persons could not there be drowned as formerly; and that this was to the prejudice of the King, &c. And they likewise presented, that the said Prior, about two years then past, raised a certain Trench of four foot, by which the same water of Gestling, coming from the upper part of that Country, had wont to passe unto the Sea, and wherein the King had used to have fish­ing worth C^s. by the year: And that by the said diversion, the King not only lost the profit of his fishing, but a thousand and five hundred Acres of Land were thereby drowned, to the great damage of the said King, and all the Country thereabouts: The Shireeve therefore had command to summon the said Pri­or &c.

Who appearing, and the said Jury taking the premisses into farther consi­deration, said upon their Oaths; that, as to the Fishing, the said Prior and Co­vent had antiently a certain mill in a place called Lydene; which Mill being burnt in the time of warr, there was no other there built till that the Prior then living about...... years past erected a new one: And they said, that after the buil­ding thereof, the said Prior raised a cer­tain Gutter, four foot high, which had there been made in former time, for con­veyance of the water from the upper parts of the Country: And they said likewise, that without the said Gutter, there then was a certain Fishing, which the Kings Officers belonging to Dover Castle (it being within the liberties thereof) sold sometimes for 30^s. per an­num, sometimes for 20^s. and sometimes [Page 42] for lesse: And that the course of the said water, which passed through the before-specified Gutter, passed to that place, wherein those condemned persons had wont to be drowned, and their bodies carryed to the Sea. And they moreo­ver said, that after the same Gutter was so raised, the water, so descending from the upper parts before-mentioned, could not passe through it, whereby not only the said fishing became totally lost, but the drowned bodies could not be convey­ed to the Sea by that Stream as former­ly; and all this, by reason that the wa­ter had not it's passage there, as usually; and that the ground without the Gut­ter so increased, and grew higher, that the stream could not have it's course there.

And the said Jury being asked, how long that Gutter had been so raised; they answered, for four years only [...] And what the said fishing was yearly worth; they replyed one Mark. The Shireeve thereof had command, that he should cause the said Gutter to be put into the same condition as it was before; and that the earth, without the Gutter, so raised, should be thrown down again at the chardge of the said Prior &c. so that the course of the before-mentioned water might run as it formerly did; and the said Prior was amer­ced.

About two years afterwards, viz. in 8 E. 2. Will. de Basinges, Will. de Swan­tone, and Will. de Leteriche were consti­tuted Pat. 8 E. 2. p. 2. m. 122. in dorso. Commissioners to oversee the Banks, Ditches, &c. in the Marshes of Romenale, and Oxene, in this County; and to take order for their re­pair.

So also in 9 E. 2. was Pat. 9 E. 2. p. 2. m. 17. in dorso. Robert de Ken­dale, then Constable of Dovor Castle, Iohn Malmeyns of Hoo, and Will. de Cotes, for those in East-Kent. The like Pat. 10 E. 2. p. 2. m. 21. in dorso. Commission had Iohn de Ifelde, Will. de Cotes, Stephan de la Dene, and Will. Lo­triche, in 10 E. 2. As Ib. also the said Ro­bert de Kendale, Nich. Kyriell, Iohn Malemeyns of Hoo, and William de Cotes.

In 11^o E. 2. Thomas de Sandwiche, Will. de Cotes, Will. de Derby and Thomas de Poveyn, were specially appointed Pat. 11 E. 2. m. 31. in dor­so. to view the Banks, Ditches &c. in the Marsh of Chistelet, lying also in East-Kent; and to cause the defects therein amended.

The next year following, Edmund de Passele, Will. de Dene, and Iohn de Ifeld were assigned Pat. 12 E. 2. p. 2. m. 21. in dorso. to take the like view &c. for those Banks and Ditches lying neer Newendene and Rolvyndene. In Pat. 14 E. 2. p. 2. m. 7. in dorso. 14 E. 2. Iohn Abell, and Robert de Shir­lond, for those on the Banks of Medway, neer to Reynham and the parts adja­cent, which had received much decay by the fresh waters. And in P [...]t. 16 E. 2. p. 1. m. 14. in dorso. 16 E. 2. the before-specified Edm. de Passele, Iohn de Ifeld, and Stephan de la Dane, again for those in East-Kent.

In 20 E. 2. the Prior of Bilsyntone representing Esc. 20 E. 2. n. 14. to the King; that whereas Iohn Maunsell, the founder of that Mo­nastery, had given to the Canons of that House and their Successors, the Man­nour of Over Bilsyngtone, with the appurtenances; whereunto a certain salt Marsh, situate in Lyde, neer Romenale, containing Lx Acres, did belong: which both at the time of the said grant, and since, had been alwayes drowned by the flowings of the Sea; humbly petitio­ned, Esc. 20 E. 2. n. 14. that he would please to grant li­cense for the drayning thereof; and that it might be reduced to culture, by the defence of Banks, according to the Ma­rish Law. Whereupon the said King is­sued forth a Writ of Ad quod dampnum to his Escaetor for this County, com­manding him to enquire whether the same might be effected without preju­dice to himself or others. Upon which enquiry, the Jury certified Esc. 20 E. 2. n. 14. upon their Oaths, that it might: and that the said Marsh contained of it self CCxl. perches in length, and xl perches in bredth; and that it was of no value before the drayn­ing, and banking thereof; but that being so banked and drayned, it might be year­ly worth xxxs. every Acre prized at vid.

In 2 E. 3. upon complaint Ex bund. de Brev. & Recor­dis, Wal­lia & fos­sata tan­gentibus, in Arce Lond. n. 2. made to the King on the behalf of those that held lands of the Archbishop of Canterbu­ry, lying within the Isle of Tanet, Gra­vene, and Harnhull; shewing, that whereas divers Banks, Ditches and Sew­ers, during the time that the Temporal­ities of the said Archbishoprick, by the [Page 43] vacancy thereof, remained in the said King's hands, were decayed and worn down by the violence of the Sea; which Banks &c. the Archbishops of that See, had used to repair; the said King, direct­ing his Commission to the Guardians of the Temporalties of the said Archisho­prick, commanded them by an Inqui­sition to be taken thereupon, and such o­ther wayes and means, as should be most expedient, to enquire whether he ought to repair those Banks, by reason of the said Temporalties, at that time in his hands.

By virtue of which Precept Iohn de I­felde and other the Commmissioners for that purpose, came to Gravene and Harnhull, to view the said Banks, and called before them, upon Tuesday next after the Feast of the Ascension, in the year abovesaid, xij honest and lawful men, who were Tenants of the same Archbishoprick, in those parts; and finding divers of the said Banks, very ru­inous, and almost totally broken down, made enquiry, by Iohn atte Fayrebroke, and other his Fellow Jurors, touching that matter. Who upon their Oaths then certified, that in the 17 year of K. Edward the second's reign, there were in the said Towns of Gravene and Harn­hull DL Acres of Marsh, lying in North-mershe aud Denle, in the Demesne and Fee of the before-specified Archbishop, and divers men of those parts: Of which, the portion belonging to the said Archbishop was CLxiii Acres and a half of Marsh, which by the flowing of the Sea-tides had wont to be drowned; for prevention whereof, by the consent and good liking of Walter then Archbishop of Canterbury, and his Tenants there [...] and all other persons of those parts, who were Tenants of those Marshes, in the moneth of Iune, in the before-specified year, there was a Bank made, contain­ing in length CCCxx Perches, and in bredth two Perches, by which the said Marshes were included and defended: Which Bank continued untill the Friday next after the Feast of S^t. Vincent, in the first year of the said King Edward the third: On which day it suddainly hap­ned, through the violence of the winds, and raging of the Sea, that a piece of the said Bank of North-mersh, containing Cxx Perches, was v [...] ­ry much broken, and almost quite de­stroyed.

And they farther said, that there was within the said Town of Gravene, in a place called Clyvesmersh, part of a Bank, containing xvij perches, by which xxviii Acres of Marsh, of the Demesnes of the Archbishop of Canterbury were defended; which Bank, through the said tempestuousnesse of the Sea, was beaten down, being then in the Kings hands by reason of the said vacancy of the Arch­bishoprick: And that if speedy remedy were not had, for the repair of those Banks, both the said Marshes would be in danger to be drowned. And they said moreover, that the decay in the said Bank of the North-mersh, could scarce be made good for xxijl. xvijs. viijd. For the raising of which summ for that re­pair, the said Jurats assessed every Acre of the said DL Acres of Marsh, at ten pence; whereof the portion for the Archbishops Demes [...]e, came to vil.xvis. iijd. And they likewise said, that the before-mentioned part of the Bank at Clyvemershe, containing xvij perches, might be repaired for two Marks and a half: And that though they had recei­ved command, that they should take care that no more damage, for want of these repairs, should happen to those parts, in respect of what concerned the said King; they had neverthelesse forborn to be at any cost therein, untill they should re­ceive farther signification of his royal pleasure. And lastly, as to the Banks in the Isle of Thanet, that they found them all in good repair.

In 11 E. 3. upon a Writ E [...]c [...] 1 [...] E. 3. n [...] 103. [...]. of Ad quod dampnum, the Jury certified, that it would not be prejudicial to the King or any o­ther, if license were given to Iohn then Archbishop of Canterbury, and to the Prior of Christs-Church in Canterbury, to suffer an antient Trench, leading from an arm of the Sea, called Ap [...]ldre, to­wards the town of Romeney, which passed through the proper soyl of the said Archbishop and Prior, and which was then newly so obstructed by the Sea-sands, that Ships could not passe there­by, to the said town of Romeney, as they had used; to be wholly stopped up and filled, so that they the said Archbishop and Prior might make their benefit there­of [Page 44] as they thought fit; in regard that there then was a certain other Trench, leading from the said arm unto Rome­ney, lately made by the force of the Sea, by which Ships and Boats might passe, without impediment to the said town, as they had wont to do by the other, before it was so filled up. And they said more­over, that the said antient Trench was the proper soyl, of the before-specified Archbishop, Prior, and Margaret de Ba­singes; and that it had been obstructed in such a sort, by the space of xxx years and more then last past, by the Silt and Sea-sands, as that Ships could not con­veniently passe that way: And that the new Trench was more proper and suffi­cient, whilst it was open, than the said old one, for the passage of Ships to Ro­meney above-mentioned; and did so re­main at that time: And moreover, that the same new Trench was the soyl of the said Archbishop, Prior, and Covent, Margaret de Basynges, and the Abbot of Roberts [...]rigge. And lastly, that the said old Trench contained in length viiC. perches, and in bredth x. And the new one vC. perches in length, and in bredth xx.

In 14 E. 3. Henry de Bradwey, Will. de Langley, and Thomas St. Nocholas, were constituted Pat. 14 E 3. p. 1. m. 28. in dorso. Commissioners for viewing and repairing the Banks and Ditches, in certain Marshes lying betwixt the Towns of Sesalter, Gravene, and Hornehill, and others adjoyning thereto. So also were Pat. 14 E. 3. p 2. m. 21. in dorso. William de Scotheni, Will. de Cotes, and Stephan de la Dane, for the like Banks, Ditches, &c. lying on the Sea­coast, in East-Kent.

In 25 E. 3. Iohn de Cobham, Otto de Grandison, Will. Waure, and Stephan de Horsham had the like Commission Pat. 25 E. 3. p. 3. m. 7. in dorso., for those betwixt Bigpole and Estflet, in this County. So also had Pat. 25. E. 3. p. 2 m. 6 in dorso. Sir Robert de Cheyne, Knight, Will. de Stavere, and Iohn de Broke, for the Banks &c. ly­ing betwixt Newenton and Do­vor.

In 31 E. 3. Thomas de Lodelawe, VVill. de Halden, Pat. 21 E 3. p. 2. m. 25. [...]n do [...]so. and Robert Bilknappe were ap­pointed to take view of the Banks &c. in the Marshes of Tenham, Loden­ham, Stone, Ore, and Faversham, in this County, much broken by the violence of the tides, and to provide for their re­pair.

In 27 E. 3. Robert de Herle, VVill. de Haldene and Stephan Donet had Pat 37 E. 3. p. 1. m. 23. in dorso. Com­mission to take view of all the Banks &c. in the Isles of Shepeye and Thanet; as also in the parts of Gravene, Harn­hull, Sesaltre, Gunneston, Chiste­let, Recolvre, and Leyden, neer Sand­wich; and likewise in the Marshes of Tenham, Lodenham, Stone, Ore, and Faversham in this County of Kent;☜ and to determine all things touching their repair, according to the Custome of the Marsh Lands, formerly used in this County. And the next year follow­ing, Robert de Belknap, and Thomas de VValton Clerk, were appointed Pat. 38 E [...] 3. p. 2. m. 13. in dorso. to do the like in the Marshes of Tenham, and other adjacent places.

In 39 E. 3. the King being informed, Par. 39. E. 3. p 1. m. 19. in dorso. that the Sea had more than formerly overflowed the Lands, Marshes, and o­ther Tenements, extending from a cer­tain place called the Clivesende, within the Isle of Tanet, unto the Town of Stonore, which contained in compasse two miles; whereby in a short time the hurt and damage done thereto, was such, as that it was almost destroyed: And that, within a few dayes, except some help were had to resist those violent o­verflowings, all the low grounds, ad­joyning to the Sea and Arms thereof, within the Hundreds of Ryvesko, Wyngham, Prestone, and Dounham­ford, to an inestimable damage, would be overwhelmed; he assigned Par. 39. E. 3. p 1. m. 19. in dorso. Raphe Spigurnell, then Constable of Dovor Castle, Iohn Cobham, Robert Belknap and others, to enquire and determine there­of according to the Law and Custome of this his Realm. And in 41 E. 3. Iohn Flemmyng Parson of the Church of Whit­staple, Iohn de Feversham, and Will. Tide­combe were constituted Par. 43 E 3. p. 2. m. 45. in dorso. Commissio­ners, to view the Banks, Ditches, &c. lying betwixt Swalclif and Grave­ney.

In 43 E. 3. Iohn de Co [...]ham, Robert de Belknap, Will. de Horne, Simon de Keg­worth, and Thomas de Garwynton were ap­pointed Pat. 43 E. 3. p. 2. m [...] 45. in dorso., to cause all the coasts of the [Page 45] Isle of Thanet, where Shfps or Boats might land, to be fortified with Banks and Ditches, if they were capable there­of.

In 47 E. 3. the said Robert Belknap, with Roger de Asheburnham, Will. de Top­peclyve, and Thomas de Harcheregge were assigned Pat. 47 E. 3 p. 1. m. 32. in dorso. to view all the Banks &c. be­twixt Hetecrone, and Ealdyng, as also between Patyndennesmel, and Elherst, in this County of Kent; and to do what should be requisite concerning them, ac­cording to the Law and Custome of this Realm. In the same year also was such an assignation Ibid. m. 8. to Sir Thomas de Lodelowe Knight, Will. Horne, and Thomas de Shar­delowe, touching the Banks &c. betwixt Pekesende and the Marsh of Les­nes.

In 48 E. 3. Roger Digge, Will. Tyde­combe, Nicholas Heryng and others had Pat. 48. E. 3. p. 1. m 30. in do [...]so. the like Commission for the Banks in Harnhull marsh, betwixt Whitstaple, and Faversham: So also had Pat. 48 E. 3. p. 1. m. 30. in dorso. Robert Bealknappe, Roger Dygge, Will. Horn [...], and others, for those betwixt Gravesend, and Shepeye, and thence to Recul [...]re; and so to Sandwiche, Dovor, Rome­neye, Promhelle, and Newendenne. The next year following, Robert Bele­knap, Thomas Reynes, Lieutenant of Do­vor Castle, and Warden of the Cinque Ports, with Roger Dygge, and others, were in like manner appointed Pat. 49 E. 3. p. 1. m. 6. in dorso. for those Banks &c. upon the Sea-coast, extending from the Town of Hethe to Romeneye, and thence to Promhull, and Apuldre. So also were Pat. 49. E. 3. p. 1. m. 1. in dorso. Nich. Heryng, VVill. Symme, Richard de Blore, and others, for those in the King's Marshes of Slayhill, Werkeworthe, Greneberghe, Daun­deleye, and North mersh, in the Isle of Shepeye: And Sir Iohn de Cobham, Knight, Iohn de Sudbury, VVill. Toppe­clive, and others, for Ib. the Banks &c. in the Marsh, called Court broke, in the Isle of Oxene; to do therein as to Justice should belong, according to the Law and Custome of this Realm.

In 50 E. 3. Thomas de Garwynton, Will. Makenhad, Stephan Bittyngham, with some others, were constituted Pat. 50 E. 3. p. 1. m. 37. in dorso. Commissio­ners, for the view of those Banks &c. situ­ate in the Marsh of Harnhull, betwixt Whitstaple and Faversham. And Ib. m. 30. Ni­cholas Heryng, Iohn Godewot, VVill. Symme of Uppechirche, and others, for those in Motteneye marsh, at the Mannou [...] cal­led Quenescourte, in this Coun­ty: and to proceed in both these ac­cording to the Law and Custome of this Realm.

In 1 R. 2. the before-specified Thomas Garwynton, VVill. Makenhede, Stephan Bettenham, and Richard Sandre, had Pat. 1. R. [...]. p. 2. m. 23. in dorso. the like appointment for those Banks &c. in the said Marsh of Harnhull, betwixt Whitstaple and Faversham. So also had Pat. 1. R. 2. p. 1 m. 25. i [...] do [...]so. VVill. Horne, Stephan Bettenham and Iohn Fraunceys for those in the Marshes of Ebbenesorok and Shar­lee.

In 3 R. 2. Robert Bealknap, Iohn Barry, VVill. Horne, VVill. Makenade, Stephan Betenham, Stephen Pestenden, and Iohn Brode, being constituted Pat. 3 R. 2. p. 1. m. 44. in dorso. Commissio­ners for view of the Banks &c. in the Parishes of Stone, Witresham, Ap­puldore, and Snergate in this County; as also of Idenne in Suffer, had com­mand to proceed in the repair of them, according to the Custome of the Marsh,☜ and Law and Custome of this Realm. And in the same year the said Rob. Beal­knap, VVill. Horne, with Nich. Heryng, Thomas Shardelowe, VVill. Makenade, and VVill. Ellys, had Pat. 3. R. 2. p. 2. m. 6. in dorso. the like Commission, for the view and repair of those Banks &c. lying betwixt Pekesmere, and Stonore, neer Sandwiche; and to do therein what should be consonant to Justice, according to the Law and Cu­stome of the Marsh aforesaid. So also had VVill. Topclyf, VVill. Makenade and Iohn Fraunceys, for those in the Marsh of Harnhull, betwixt Whitstaple and Fa­versham.

The next year following the said Ro­bert de Bealknap, VVill. Topclyf, VVill. Ma­kenade, Iohn Roper, Thomas Chiche, and VVill. Brenchele, had Pat. 4 R 2. p. 1. m. 17. in dorso. the like appoint­ment for those betwixt Feversham and Muston. And in Pa [...]. [...]. R. 2. [...]. [...]. m. 29. in do [...]so. 5 R. 2. Rob. de Ash­ton, Robert Bealknap, Arnald Sauvage, Tho­mas Garwynton, VVill. Symme, and Elyas Reyner, for those in the Marsh of Ore, within the Hundred of Middleton; and to determine of all things therein [Page 46] according to the Custome of Romeney marsh, to that time reasonably u­sed.

In 9 R. 2. Simon de Burley, Constable of Dovor Castle and Warden of the Cinque Ports, Sir Thomas Symond Knight, Roger Ashburnham, Stephan Betenham, and Iohn Broke, were constituted Pat. 9 R. 2. p. 1. m. 1. in dorso. Commis­sioners to view and repair the Banks &c. betwixt Beauclif and Sturdes [...]ale. And Ibid. Will. Horne, Will. Makenade, Ste­phan Betenham, and Iohn Lynet, for those betwixt Fairfeld and Apuldre:☞ By which Commission the said VVilliam and the rest had authority given them to take so many Carpenters, with other Arti­ficers and Labourers, as should be need­ful for repair of those Banks, Ditches, &c. upon competent wages for their work therein, in respect of the great and urgent necessity for making good the said Banks &c. with all expediti­on.

In 10 R. 2. Simon de Burley, then also Constable of Dovor Castle &c. Robert Bealknap, Thomas Garwinton, and Iohn Colepepir had the like Commission Pat. 10 R. 2. p. 1. m. 37. in dorso. for the Banks &c. lying betwixt Faversham and Sandwiche. And in 12 R. 2. Sir Iohn de Cobham Knight, Sir Thomas Fogge Knight, Sir Arnold Sauvage Knight, with others, were Pat. 12 R. 2. p. 1. m. 13. in dorso. appointed to view and repair those Banks, which were in the Marshes of Thanet; as also betwixt Reculvre, and a certain place called S. Mary Clif; and farther specially di­rected by their Commission, to hear and determine all things concerning the pre­misses according to the Law and custome of Romeney marsh, to that time used: As also to take so many Ditchers, with other Workmen and Labourers, as might be needful for the said work, upon fitting wages to be paid to them for the same; and this in respect of the great and urgent necessity, for the dispatch of that work.

The next year following Iohn VVad­ham, VVill. Horne, Will. Makenade, Ste­phan Betenham, and Iohn Lynet were con­stituted Pat. 13 R. 2. p. 1. m. 34. in dorso. Commissioners to view and repair the Banks &c. betwixt Fairfelde and Apuldre, and Snargate, then bro­ken with the violence of the Tides; and to proceed therein according to the Law and Custome of this Realm of England, and the Custome of Rome­ney marsh.

In 17 R. 2. the like Pat. 17. R. 2. p. 2. m. 37. in dorso. Commission was directed to Iohn Colepepir, Will. Make­nade, Stephan Betenham, Thomas Brokhelle, and Nich. Potyn, for the view and repair of those Banks &c. which were betwixt the Cities of Canterbury and Roche­ster; and to act therein according to the Law and Custome of this Realm, and of Romeney Marsh. So also Ibid. in the same year, the like to the said Iohn Cole­pepir, Iohn Septvaus, Will. Elys, Will. Tyde­coumbe, and Richard Bartelot, for those betwixt the said City of Canterbury and Sandwiche, and to act therein as afore­said.

In 22 R. 2. Stephan Betenham, Robert Oxebregge, Will. Berton, and Thomas Ik­ham, had the like Pat. 22 R. 2. p. 1. m. 2. in dorso. appointment for those Banks &c. lying betwixt the Town of Ebbene in Oxene, and the Town of Brensete. So also had Pat. 1. H. 4. p. 5. m. 22. in dorso. VVill. Make­nade, Stephan Betenham, VVill. Bertone, VVill. Bertyn, and Henry Horne in 1 H. 4. for those upon the Sea-coast, betwixt the Towns of Smallyde and Promhelle. And Pat. 2 H. 4. p. 1. m. 12. in dorso. in 2 H. 4. VVill. Rykhill, VVill. de Makenade, Stephan Betenhamme, Iohn Cole­pepir, VVill. Bertone, VVill. Elys, Thomas Ikham, and Iohn Martyn of Derteforde, for those Banks &c. situate between the Towns of Grethe and Sandwiche. In all which Commissions, special care was taken that they should proceed accor­ding to the Law and Custome of this Realm, and the Custome of Romney Marsh.

In 3 H. 4. the King directing his Let­ters Pat. 3 H. 4. p. 1. m. 12. Patents to the inhabitants of the Isle of Shepeye; wherein, taking no­tice of a certain Sea-bank therein, exten­ding it self from a place called Trem­modferye, unto another place, named Cothelles; which, before the building of Quenesburgh Castle, being only four foot in bredth, and afterwards, by Edward the third, late King of England, for the advantage of Carts and Wagons, passing from the before-specified Ferry to the said Castle, was made thirty foot broad; had suffered so much decay, that scarce a single person could then go up­on [Page 47] it: and that the said Inhabitants were not able to repair the same, with­out some assistance from others; by the advice of his Councel, granted unto them for their better help in undergoing the said work, these several Customes, to be, for the space of the three next ensuing years, assessed and collected; viz. for every Horseman being a stranger that should come into or go out of the same Isle by the said Bank, i ^d. And for every Footman an half peny: For every load­ed Horse i ^d. and every one empty an half peny.

In 10 H. 4. George Ballard, Stephan Be­tenham, Rob. Oxenbregge, Vincent Fynche, Thomas Oxenbrigge, VVill. Marchant, Iohn May, and Iohn Lonsford were constituted Pat. 10. H. 4. p. 1. m. 13. in dorso. Commissioners for the view and repair of the Banks, Ditches, &c. on the Sea-coast, and in the Marshes, betwixt the Towns of Romeney and Promhull, then ruinous by the rage of the Sea; and to proceed therein according to the Law and Custome of the Marsh, and Law and Custome of this Realm.

In 13 H. 4. Rob. Clifford, Thomas Remys, Iohn Martyn, Thomas Elys, Thomas Mar­chaunt, Iohn VVhitehed, and Iohn Bertone had the like Commission Pat. 13. H. 4. p. 1. m. 23. in dorso. for those Banks &c. lying betwixt Pekesend and Stonore, neer Sandwiche; wherein they were commanded to act accor­ding to the Law and Custome of the Marsh.

In 3 H. 5. Iohn Darelle, Roger Rye, Tho­mas Elys, Henry Horne, and VVill. Mar­chaunt had the like assignation Pat. 3 H. 5. p. 1. m. 17. in dorso. for those betwixt the Towns of of Smalhede and Romene; and to act according to the usage of the Marsh, and Law and Cu­stome of this Realm.

The next year following, Iohn Drylond, Iohn Brynkle, Peter Hall, Iohn Salisbury, Iohn Pecock, and the Shiriff of Kent, were appointed Pat. 4. H. 5. p. 1. m. 15. in dorso. in like sort to view and take care of those Banks &c. lying in Warde mershe, within the Parish of S. Nicholas in Tanet, then broken by the violence of the waves; and to proceed therein ac­cording to the Law and Custome of Romney Marsh.

In 6 H. 6. Iohn Bamburghe, VVill. Cheyne of the Isle of Shepeye, Iohn May, Thomas Betyngham, and Thomas Grove­herst, had the like appointment Pat. 6 H. 6. p. 2. m. 8. in dorso., for the Banks &c. betwixt the City of Roche­ster and Whitstaple; and for those in the said Isle of Shepeye; and to make Statutes and Ordinances, besitting the defence and preservation of the Sea-coasts, according to the Laws and Cu­stomes of Romney marsh;☜ as also to do and determine all things touching the premisses according to the Law and Cu­stome of this Realm, and the Custome of Romeney Marsh aforesaid: And moreover to take such and so many dig­gers and labourers upon competent wa­ges, in respect of the present necessi­ty, as should be requisite for that work.

In 17 H. 6. Iohn Bamburgh, Richard Bruyn, Valentine Baret, Thomas Burges, and VVill. Garnet were appointed Pat. 17 H. 6. p. 1. m. 29 in dorso. in like manner to view the Banks &c. on the Sea coast, from Feyrhede to Hen­cle, then broken by the violence of the waves, and to take order for their re­pair; proceeding therein according to the Laws and Customes of this Realm, and the Customes of Rome­ney Marsh: And to take Labourers upon competent salaryes, in respect of the great necessity, as aforesaid.

The next year following Richard VVake­herst, VVill. Bertyne, Thomas Betenham, Thomas Hordene, VValter Colepeper, and Iohn Derham, had Pat. 18 H. 6. p. 1. m. 7. in dorso. the like appoint­ment for the Banks &c. betwixt Smal­hithe, and a certain place called the Pen­dynge, and likewise betwixt Farnehille, and a Bank leading from Mayteham to Pendynge aforesaid, in the Parishes of Tenterden and Rolveldene: with pow­er to make Statutes and Ordinances for the preservation of those places accor­ding to the Law and Custome of this Realm, and the Custome of Romney marsh: As also to take so many Dig­gers and Labourers, in respect of the in­stant necessity, as should be needful for that work.

In 28 H. 6. VVill. Kene Esquire, Iohn Bamburgh, Stephan Slegge, and others, were in like fort constituted Commis­sioners [Page 48] Pat. 28 [...]. 6. p. 2. m. 22. in dorso. for the view and repair of those Banks &c. betwixt the Town of Redyng and Redehille; thence to Hunteborne­brigge; thence to the up-land of Bregge, and thence to the said Town of Redyng, in the Parishes of Tenterden, Apuldre, and Wodechirche; and to make Statutes and Ordinances &c. as abovesaid.

In 13 E. 4. Sir Iohn Fogge, Knight, Sir Will. Haute, Knight, Roger Brent, Iohn Fyneux, VVill. Brent, Iohn Nethirsole and Iohn Hert, were Pat. 13 E. 4. p. 2. m. 20. in dorso. in like manner appoin­ted, for those Banks &c. betwixt Ten­terdene and Lyde: as also to make Laws and Ordinances &c. as above­said.

In 14 E. 4. the King having received advertisement, that the Banks, Ditches &c. lying on the Sea-coast and Marshes betwixt Robertsbrigge in Sussex, and the Town of Romney in this County of Kent, were by the raging of the Sea and violence of the Tides, much broken and decayed, to the great damage of those parts; and being therefore desi­rous that some speedy remedy should be used therein, did by his Letters Ex vet. membr. in bi [...]l. Colloni [...] ­na. Pa­tents, bearing date at Westminster 16^o Iulii, in the year abovesaid, constitute Sir Iohn Fogge, Sir William Haute, and Sir Iohn Gilford Knights, and Iohn Elryngton, Iohn Brumston, Henry Auger, Will. Bel­knap, and Robert Oxenbregge Esquires; as also Bartholmew Bolney, Roger Brent, Iohn Fyneux, Vincent Fynche, Iohn Nethersole, and Iohn Hert, his Commissioners, gi­ving power to any four, three, or two of them, whereof the said Bartholmew, Roger, Iohn Fyneux, Vincent Fynche, Iohn Nethersole and Iohn Hert to be one; to take view of the said Banks &c. and to enquire upon the Oaths aswell of Knights as other honest and lawful men of the be­fore-specified Counties, aswell within Liberties as without, by whom the truth in the premisses might be the better known, through whose default these damages had there hapned; and who they were that had Lands and Tene­ments, or common of Pasture or Fish­ing in those Counties, or had or might have preservation and benefit any man­ner of way by those Banks &c. or losse for want of them; aswell those that were remote as those that were neer to the danger; and to distrain all such, ac­cording to the quantity of their Lands and Tenements, or number of Acres or Carucates, proportionable to what they held; and so likewise for their common of pasture or fishing; and, together with the Bayliff of the Liberties and other places of the Counties and parts afore­said, for the repair of those Banks, Ditch­es, Gutters, and Sewers; and to make them or some of them new, where need should require: And likewise for clen­sing the Trenches, and, if cause were, to stop them up; so that no favour should be shew'd to any person whatso­ever, rich or poor; or of what state, de­gree, or dignity soever, who might have advantage by the said Banks, or detriment for want of them.

And moreover to make agistments upon the Sea-Ditches for the safeguard of those parts, according to the num­ber of acres or perches; and as often as it should be needful to renew them. And likewise to depute certain diligent and faithfull Guardians, for the preser­vation before mentioned; and to hear the Accompt of the Collectors of mo­neys, which were to be levyed for that occasion, and for the repair of the said Banks, or obstruction of those Trench­es: And that they the said Commissio­ners, or any four, three, or two of them, whereof the said Bartholmew, Roger, &c. to be one, to take distresses, either by themselves, or others whom they should think fit to depute for that purpose, for the arrerage of what ought to have been Collected, as often as need should be.

And also to make and ordain fit and necessary Statutes and Ordinances for the defence of the Sea-coasts and Mar­shes aforesaid, and the adjacent parts, according to the Laws and Customes of this Realm of England, and of Rome­ney Marsh. And to hear and determine all the premisses, aswell at the said King's sute, as the sute of any other whasoever, which should come in question before them, according to the Law and Custome of this Realm, and the Custome of Romeney Marsh afore­said.

As also to take, and imploy in the said works and repairs as many Ditchers, and [Page 49] other workmen and labourers, as should be expedient for the works and repairs before mentioned, upon competent sa­laries to be paid to them in that be­half; in regard of the great urgent and instant necessity for expedition there­in.

Futrher requiring the said Commis­sioners, and any four, three, or two of them; whereof the said Bartholmew, Ro­ger &c. to be one, to accomplish the premisses in form aforesaid; and whomsoever they should find, either negligent or refractory, in making their proportionable repairs belonging to them, to compell them thereto by distres­ses and amerciaments, and such other wayes and means, as they should deem most expedient, to the end the said de­fects might be suddainly made good. And to cause whatsoever they should or­dain and determine therein to be firmly observed; acting therein as to Justice ap­pertained, and according to the Law and Custome aforesaid: Saving to the said King all amerciaments, and other things herein to him belong­ing.

Whereupon afterwards, viz. on the tenth day of April, in the xviijth year of the reign of the same King, the said Ju­stices were informed; that all the Lands and fresh Marshes, lying within the sub­sequent limits; viz. betwixt the Marsh called Cowelese, towards the North; the lands in the Ree, leading from the said Marsh to the place call'd Lynke­hoke, neer Romeney, towards the East; the way leading from the said place called Lynkehoke, by the inside of the Bank at Lyde; and through the midst of the high street of that town, to Pigwell, and a place call'd the Holme­stone, lying without the Bank called Wikewall; the Land of Promhill, situ­ate without the Banks called Simondes Wall and Kent Wall, and the gulf of salt water, running from the Camer unto the said Marsh called Cowelese towards the West; excepting the Mar­shes called the Kete, Denecourt mershe, and Bourghser's mershe, and other Marshes then lately taken in by the before-specified Iohn Elryngton and Ri­chard Gilford Esquires, with the Banks belonging to them, were dayly subject to the danger of inundation by the Sea and salt water, for default of repair and support of the Banks of the Marshes, cal­led Estmersh and Becard, and of di­vers other Marshes, which lying within those limits (except before excepted) ser­ved for the defence and safeguard of the same Land and Marsh, from the peril of the Sea, and inundation of the salt water; were, through the violence of the tides; and overflowings of the fresh waters, running to the Sea, broken in many places; so that inestimable losses would very likely happen in a short time, unlesse a speedy remedy were ta­ken.

By reason whereof, by virtue of the said Letters Patents, the Shireeve was commanded, that he should not neglect for any Liberty, but cause xxiiij aswell Knights as other honest and lawful men of this County, by whom the truth might be the better known, to come before the said Justices at Apuldore, in the said County, on the Thursday before the Feast of the holy Trinity, then next en­suing, to enquire and make certificate to the said Justices concerning the Premis­ses, and touching other Articles and cir­cumstances specified in the said Letters Patents; and lastly to do and receive what should be enjoyned them on the said King's behalf.

At which day came before the said Iohn Fogge, Iohn Scotte, Will. Haute, Iohn Elryngton, Iohn Brumstone, and Iohn Ne­thersole (six of the before-specified Ju­stices, at Apuldore aforesaid) William Brent, who prosecuted for the King in this businesse. And Richard Haute, then Shireeve of Kent, made return of the said Precept to him directed, executed; together with two several Panells affixed thereto, containing the names of the Ju­rors, to enquire in form aforesaid: All which being performed, as of right it should be, Robert Godfrey, Thomas Ieffe, Will. Hikke, and others of the first Panell, made their appearance; and being se­verally sworn, as is evident by those Pa­nells, and charged to enqui [...]e of the pre­misses; and not being agreed on their Verdicts, did severally request a farther day for the delivery up thereof, to the intent they might in the mean time make more diligent enquiry of the premisses, and then present the same before the [Page 50] said Justices. All which upon that their desire, and by the assent of the before­specified VVill. Brent, then the said Kings Attorney in this businesse, was granted: and thereupon a day was given to the said Jurors to come before the said Ju­stices, at Lyde, in this County, upon the Friday then next following. And the said Jurors were then advertised, that they should in that interim enquire dili­gently of the premisses, and then to appear severally to deliver their Ver­dict; each man upon the penalty of xl ^s.

Upon which Friday, the said Sir Iohn Fogge, and the other Justices last mentio­ned, did all of them personally go to the said Land and Marsh, to take view of the Banks, lying within the before-specified limits, touching the danger whereof the said Justices had received informa­tion, as aforesaid: And then and there the Bayliff and divers of the Jurats of Romeney Marsh, mentioned in the said Letters Patent, as also other discreet persons (to apply a fit and proper reme­dy for avoiding this danger and losse) be­ing expert men in the Statutes, Ordinan­ces and Customes of the said Marsh; as also very many others, who had and might have by those Banks safeguard and defence for their Lands, within the said bounds (except before excepted) and then and there, in their presence, did take deliberate and diligent view of all those Lands and Marshes, aswell at a di­stance as neerest to the danger; and like­wise of all the Banks, and whatsoever else was necessary for the safeguard and pre­servation of those Lands and Marshes; and did then desire of the before-mentio­ned Bayliff and Jurats of the said Marsh of Romney, and of the other discreet and expert men, advice and counsel for applying a fit and speedy remedy in this behalf.

And afterwards on the before-specifi­ed Friday, at Lyde aforesaid, came the said Will. Brent (who then prosecuted for the King in this businesse) before the said Sir Iohn Fogge, and the rest of his said fellow Justices before named: And as­well the said Jurors of the first panell, as those of the second, being impanelled in form aforesaid, as also sworn and chardg­ed to enquire of the premisses, came, and severally said upon their Oaths; that in the said Lands and Marshes within those limits before mentioned, except before excepted, the wall of the Marsh of the Becard, called Becard Wall, leading from the Marsh called the Kete unto the Marsh of Estmarsh: And also the Bank of the said Marsh, called Estmarsh Wall, leading to the Ree Wall, were defective and stood in need of repair, for resisting the Sea and salt water: And if that the salt water of the Sea, should enter on any part of the said Banks, or in any place from thence to Holmystone aforesaid (which is at the East part of the Bank, called Newe Wall, lying be­twixt the Sea and the Land of Promhill aforesaid) and that a resistance thereof could not be easily made, all the Lands and Marshes before mentioned, situate within the precincts before-specified, ex­cept before excepted, touching the dan­ger whereof information was given, in form aforesaid, unto the said Justices, would be in a very short time overflow­ed with the salt water, to an inestimable damage.

And the said Jurors did likewise seve­rally expresse, that it would be proper for the safeguard and defence of all those Lands and Marshes (except before ex­cepted) called Becard Wall, and Est­marsh Wall, to be sufficiently repaired as soon as conveniently could be, and continually sustained against the violence of the Sea, Storms, and Tides, lest the salt water should get in at any of them, and thereby all these Lands and Marshes (except before excepted) be drowned. And they farther said, that it would be very expedient, that the said Bank called Newe Wall, which is without the said Banks called Kent Wall and Simonds Wall, and within the bounds aforesaid (except before excepted) should be suf­ficiently repaired as soon as might be, to withstand the rage of the Sea, storms, and Tides, for the defence of the said Banks called Kent Wall and Si­mondes Wall; and afterwards conti­nually maintained for prevention of the peril of the Seas inundation, where­unto those Lands and Marshes were sub­ject.

And likewise the said Jurors, in form aforesaid sworn, and severally chardged, did say upon their Oaths; that it seemed to them expedient, that the Lands and [Page 51] Marshes, called Cheyncourt, Seynt Thomas Innyng and White kempe, which were within those precincts and lyable to the said danger, should be dray­ned by one Sewer in the Land of Thomas then Archb. of Canterbury, at Rounde mershe, running into the Sea where the Gutter then was; and that there should be made in that place Sluces and Gut­ters, fit and proper for that purpose: And that there should also be Bayliffs, Jurats, and other Officers, within the said limits (except before excepted) for the view and conservation of the Marish grounds and Banks within those bounds, except before excepted. And that there should be had for every Sea-bank there, a common Forland, as before that time had been used, upon which such carria­ges as should be necessary for the re­pair, maintenance, or making of those Walls, might, without impediment be made.

And likewise the said Jurors, being in form aforesaid sworn, did severally say; that the Land-holders in the said Marsh, called the Becard, who ought to pay and contribute to the repair and mainte­nance of the Banks within those limits, except before excepted, had not any way, by which they might go, ride, or drive to that Marsh nor from it, except over other mens Lands, or upon the Banks or Forland leading thence to and from the said Marsh. And they said, that accor­ding to the Custome of the Marsh-law there, in all such cases before that time used, the Tenants of that Land, at their pleasure, might go, ride, and drive to and fro to the said Marsh, and from the said Marsh, over and upon the Forland of the Banks leading to the said Marsh and from the same. And as to the number of Acres, or partition of the Lands and Marshes &c., within those limits (except before excepted) or of the certainty of the Land-holders, and how much land every such Tenant had or held of the said Lands and Marshes, within the said li­mits (except before excepted) the said Jurors did severally present the certainty thereupon, according to the form, and as it was contained in the Books of Sew­ers within those limits (except before ex­cepted) then exhibited before the said Justices.

And thereupon the said Iohn Fogge, Iohn Scotte, and others to the number of eight of the said Justices, forasmuch as upon their said view and inquisitions a­foresaid made and taken, in form afore­said, it evidently appeared to them; that the said Lands and Marshes within those limits (except before excepted) were lyable to the danger of drowning by default in rep [...]ir and maintenance of those Banks; whereupon in short time inestimable damage might accrue, unless a fitting remedy in that behalf were the sooner had: and that all the Lands and Marshes within those limits (except be­fore excepted) might very well be preser­ved and defended, by the repair and sup­port of those Banks, and by the making of Sewers, Ditches and Gutters in those Marshes, from the danger of the Sea, and the flouds of fresh waters, to the great commodity of all the Landholders with­in those precincts (except before excep­ted:) and that in default of such repair and support of those Banks and every of them, all the lands and Marshes, those excepted as aforesaid, would be in peril of the Sea, and easily overwhelmed, to the inestimable losse of all the Land­holders there; whereby all those Te­nants, except before excepted, ought e­qually to contribute to the cost and chardge of such repair and maintenance, for the safeguard and defence of their lands and Marshes there, from this peril and inundation; viz. every one of them according to the proportion of what he held, as his number of Acres and Perches of land, there, as in the said Marsh of Romeney, according to the Ordinan­ces, Statutes and Customes thereof, had and to that time used, in the like case there had wont and ought to be done.

Considering besides, that the said lands and Marshes,☜ lying within those limits (except before excepted) were never before setled under any certain and fit Statutes or Ordinances, by any Autho­rity, for their secure defence and preser­vation: And moreover, forasmuch as the said King, desiring seasonably to pro­vide for the safeguard of this his Realm, and chiefly for those parts upon the Sea­coasts, in his Parliament held at West­minster the sixth of October in the xijth year of his reign, and by divers proroga­tions continued till the first day of May [Page 52] in the xiiijth year thereof, by the assent of the Lords Spiritual and Temporal, sitting in the said Parliament, at the Pe­tition of the Commonalty of this his Realm, then and there exhibited to him, amongst other things; ordained and constituted, that several Commis­sions of Sewers, should be issued out to sundry persons by the Chancelour of England for the time being, through­out all the parts of this Realm, where need should require, according to the form of a certain Commission in a Sta­tute made in the Parliament of Henry the sixth (in Deed but not in Right King of England) held at Westminster in the sixth year of his reign: And that the said Commissioners should have full Power and Authority, to make, ordain and constitute Statutes and Ordinances; and to perform all other things according to the power and eff [...]ct of those Com­missions, as in the said Statute of the said xijth year published, is more ful­ly contained. Whereupon the said King issued out his Letters Patents to the be­fore-specified Sir Iohn Fogge and the rest of the Justices before-mentioned, in form aforesaid; the tenor of which Petitions and answers thereto; and of the Sta­tutes, Ordinances and Customes of the said Romeney Marsh, were con­tained in a certain Roll annexed there­unto.

Having also regard to the publick ad­vantage and common profit, aswell by virtue and authority of the said Statute, published in the said xijth year, as of the said Letters Patents, as aforesaid, here­upon made to the before-specified Ju­stices, in form aforesaid, and other pre­misses, that it would seem just and equal to them in this behalf, and most conso­nant to reason, to establish and ordain what should be most proper for the a­voiding of the perils and damages above­said; calling together such as the bu­sinesse concerned, for the perpetual safe­guard and preservation of the said lands and Marshes, within those limits, ex­cept before excepted; by the assent as­well of all those Jurors of the Enquest aforesaid, appearing before the said Ju­stices, who had lands within the limits aforesaid, lyable to the said danger, to be preserved in form aforesaid; as also of very many Lords of Fees and other Land-holders there being, on the said Friday, at Lyde aforesaid, in pursuance of the said King's Royal purpose, for more advantage and lesse detriment, the said Justices, did provide, make, and publish certain proper and commodious Statutes and Ordinances for the King's people; and especially for all the Land-holders in those grounds and Marshes, within the said limits, except before ex­cepted, not favouring any person therein; to endure and be observed for ever as fol­loweth.

First it was decreed and ordained by the 1 said Iustices, The Statutes and Ordinan­ces of Sir Iohn Fogge, Knight, and his Fellow Justices. with the consent aforesaid; that thenceforth and for ever, there should be, within the Lands and Marshes afore­said, within the limits aforesaid (except before excepted) two Bayliffs, twenty four Iurats, two Collectors, and two Expendi­tors, of the Land-holders within those li­mits (except before excepted) for the pre­servation, safeguard, and defence of the said Lands and Marshes (except before ex­cepted) and of the Banks belonging thereto: By the consideration of which said xxiiij Iu­rats, ten or eight of them at least, the said Lands and Marshes (except before excep­ted) ought to be governed, kept, defended, and preserved from the peril of the Sea, and inundation of the fresh maters, by Banks, Water-courses, and other necessary means. And for execution of that their Statute and Ordinance in this behalf, the said Iustices, by the said assent, upon the said Friday, at Lyde aforesaid, did nominate, choose, or­dain, and constitute, of the Land-holders, within those limits (except before excepted) Henry Bate, and Simon Godard Bayliffs; Andrew Bate, John a Bregges, and o­thers, Iurats; Peter Fermour, and Will. Aleyn, Collectors; and Stephan Love­cock, and John Inglet, Expenditors, of and in those Lands and Marshes, except before excepted, for the preservation, safeguard, and defense of those Lands and Marshes (except before excepted) and the Banks thereof. And the said Bayliffs, xxiiij Iu­rats, Collectors and Expenditors, so named, chosen, ordained and constituted, personally and severally before the said Iustices, upon the same Friday at Lyde aforesaid, did take their Oaths, and were chardged, viz. e­very of them to his Office, and to all which thereto pertained or should pertain in that businesse, to do, exercise and perform well and faitfully; that is to say, the said Bay­liffs, [Page 53] according to the form and effect of the Oath of the Bayliffs, whereof mention is here­after made; and the before-specified xxiiij Iurats, according to the form and effect of the Oath of the Iurors, afterwards also reci­ted; and the said Collectors, according to the form and effect of the Oath of the Col­lectors, afterwards likewise noted; and the said Expenditors, according to the form and effect of the Oath of the Ex­penditors, in like sort hereafter speci­fied.

2 Also forasmuch as it did evidently ap­pear to the said Iustices, by the view and Inquisitions aforesaid, made and taken in form aforesaid; that the said Banks, called Symondes Wall and Kent Wall; and also the said Banks of those Marshes, called Est mersh aad Becard, within the limits aforesaid, were defective, and broken in di­vers parts, to the great peril of inundation, thereby like to befall all the said Lands and Marshes, within the limits aforesaid (except before excepted) unlesse a speedy remedy were applyed; it was ordained and decreed, by the consent aforesaid, that the said Banks, should be sufficiently repaired and new made with all possible haste, and so repaired and made new, to be kept and continually main­tained for the defence and safeguard of the said Lands and Marshes, within the limits aforesaid, except before ex­cepted.

3 And as to the reparation and renewing of the said Banks, called Symondes Wall, and Kent Walle, to be forthwith, for the present, made; it was upon certain reasona­ble considerations moving the said Iustices, decreed and ordained, by the consent afore­said; that every person having Land with­in the said Banks called Symondeswalle, and Kent Walle, and the Bank called Goneswalle, within the limits aforesaid, for every acre of his Land there: And likewise every one having Lands in the Marsh called Ockolt, within those limits, for every Acre of his Land there, should pay two pence more than any other Land-holder within the Marshes aforesaid, except be­fore excepted, should pay for one acre there, to the assessing of the Tax, for the instant repair and new making of those Banks, called Kent Walle, and Symondes Walle: And then afterwards for ever, accor­ding to the Ordinances and Statutes of Ro­meney marsh aforesaid, all the Land-hol­ders, within the Lands and Marshes afore­said (except before excepted) for the time being, equally to contribute, to the repair, maintenance and custody of all the Banks of those Lands and Marshes, within the said limits (except before excepted) for the re­pairing, sustaining, and making what should be for the defence and safeguard thereof; viz. every of the said Tenants according to the proportion of his tenure, and number of his Acres and Perches there: And that the reparations, scowring, and making, of all the Sewers, Ditches, Water-gangs, Gutters, and Bridges in the said Lands and Marshes, within the limits aforesaid (except before excepted) then being, or to be made for the safeguard and defence of the same, should be done at the chardge and ex­penses of such, as antiently they had wont to be.

Also it was ordained and decreed, that 4 it should be lawful for the Bayliffs, Iurats, Collectors, and Expenditors of the Lands and Marshes aforesaid, within the limits afore­said (except before excepted) for the time being, and for every of them; and to all Labourers and Workmen imployed about a­ny work to be done for defence and preserva­tion of those Marshes (except before excep­ted) to go, ride, drive, and carry upon and over the Land called the inner Forland and outer Forland of every Bank witin those precincts (except before excepted) or the Land lying neerest to that Bank; and in o­ther places wheresoever within those limits (except before excepted) where it should seem good to the said Bayliffs and ten or eight of the Iurats aforesaid, to do and per­form such things, which do or should belong to their Offices, or to do that work in such sort, as in the like case had wont to be done in Romeney Marsh; and as it should be expedient to be done for the putting the Statutes and Ordinances in execution, which had been or should be made by said Iu­stices.

And if it should happen, that any Land-holder, within those Lands and Marshes (except before excepted) who ought to con­tribute to the premisses, for his Lands there­in, in form aforesaid, to be deprived or hindred of any way, to go, ride, drive, or carry to his Lands there, or other Lands ad­joyning, by reason of the inundation of salt water, or the raising of any Bank, or other thing for the defence and safeguard afore­said, there made, or to be made; or so to be stopped or prevented, that he could make [Page 54] use of the said way; and having no other pas­sage either to go, ride, drive or carry, in form aforesaid; it should be lawful to him for the future, during the time of such his hinderance, to go, ride, drive and carry up­on and over the Land called the inner For­land adjoyning to the Bank, or Banks, where­soever in the said Lands and Marshes, with­in the before-mentioned limits (except before excepted) where he should think most meet, to go, ride, carry, and drive to his Land there, or to his adjacent Land; and over the said Bank or Banks, overthwart them, to such his Land, without the impediment of any person whatsoever; repairing and main­taining at his own proper chardges the said Bank or Banks sufficiently, in that part, where he the said Land-holder should so happen to go, ride, drive, or carry.

5 Also it was decreed and ordained; that twice every year, for ever, there should be held a principal and general Last, within the said Land and Marsh, except before excepted, by the said xxiiij Iurats for the time being, or ten or eight of them at the least, viz. once within the xv^me of Easter, and a­gain within the xv^me of S. Michael the Arch-Angel, at Brokland, or in another place within the precinct of those Lands and Marshes, except before excepted, to be sum­moned and appointed by the Bayliffs afore­said, for the time being: and that other several Lasts should be there held, when and as often as there might be occasion, by the sum­mons of their Bayliffs.

CAP. XIII.

I Now come to the remanent Marshes in this County, which are those that border on the River Thameo: Concerning which, the first mention that I find, is in 8 E. 2. Iohn Abel, and Iohn de Hortone, being then, by the Kings Letters Pat. 8 E. [...]. p. 2. m. 20. in dorso. Pa­tents, dated the 10^th of April, at Wynd­sore, constituted Commissioners for to view and take order for the repair of the Banks, Ditches, &c. for the safeguard of those, from the overflowing of the Tide, which lye betwixt Dertford, Flete, and Grenewich. And not long after this (for it was in February ensuing) Iohn de Ifeld, Iohn de Hortone, and Will. de Nor­tho had the like Commission Pa [...]. 9. E. [...]. p. 1. m. 5. i [...] dorso. for the ve­ry same Marshes.

In 13 E. 2. Iohn de Evredon and Iohn Abell were also appointed Pa [...]. 13 E. 2. m. 12. in dor­s [...]. to view the broken Banks betwixt Grenewich and London-Bridge; and to apply speedy remedy for their repair. In 15 E. 2. Ro­bert de Bardelby, Will. de Leicestre, Iohn de Merton, and Robert de Kellesteye had the like assignation Pat. 15 E. 2. p. 1. m. 18. in do [...]so. for the view of a certain breach then newly made in the Bank be­twixt Grenewiche and Wolwiche, by the violence of the Tides; and to provide for the suddain repair thereof. And the next year following Robert de Ashele, and Robert de Swaleclyve were made Pat. 16 E. 2. p. 2. m. 15. in [...]o [...]so. Com­missioners for the view and repair of those about Grenewiche, and the parts adjacent.

In 17 E. 2. there hapning ano [...]her breach betwixt Grenewiche and Wol­wiche, Robert de Bardelly, Will. de Leycestre, Robert de Kellesey, and Iohn de Merton, were appointed Pat. 17 E. 2. [...]. 2. [...]. 13. in dorso. to view the same; and to distrain all those persons, through whose default it had hapned, to the ma­king good thereof: Farther enjoyning them; that if they should find the per­sons, through whose neglect it came, not able to repair it so speedily as that the damage and peril, which would be oc­casioned thereby, might be prevented; that then they should distrain all those which had Lands and Tenements in those parts, who might have safeguard by the [Page 60] making up of that breach, to the end that they should contribute thereto.

Within two y [...]ars after, the King be­ing informed of another breach in the Bank above Grenewiche, towards Ber­mondseye; which, through the violence of the frequent tides, and neglect of some persons, who were obliged, in respect of their lands in the adjacent Marshes, to have made good, upon all occasions; had then newly hapned, to the great da­mage of all those that had lands there; did assign Pa [...]. 19 E. 2. p. 1. m. 24. in dorso. Adam de Brom, William de Leycestre, Laurence de Rustyngton, and Ro­bert de Kelleseye, or any three or two of them, to veiw the said breach, and all other defects in those Banks, which by reason of the flouds had hapned; and to enquire by the Oathes of honest and lawfull men, of this County, upon whose land the said breach first began, and through whose default; and who ought to repair and maintain the said Banks; as also how and in what sort; and likewise what other persons had Lands, Tene­ments, or Common of Pasture in those Marshes, and had or might have defence and safeguard by the said Banks in any sort. And moreover, with the Bayliffs of the Liberties, to distrain all those through whose default that breach had so hapned, and who were obliged to the re­pair and maintenance of that Bank, accor­ding to such a proportion as might be suf­ficient to make good the said breach with all possible speed. And if it should so fall out, that those persons so lyable to the repair thereof, were not able to perfect the work with that haste as the case requi­red; that then, for the avoyding of greater damage and mischief, to compell all such persons, who had or might have loss thereby, to contribute thereto, for that present time; every one according to the proportion of what he held, as well in Common of Pasture as Land, not favour­ing rich or poor therein: And to levy the money upon those, who were obliged to the said repair, so as restitution might be made to those who had contributed thereto, being not obliged, with all speed that could be.

After this, divers years, viz. in 10 E. 3. I find that Henry de Secheford, Reginald del Dyk, and Iohn de Heyton were appoin­ted P [...]t. 10 E. 3. p. 2. m. 25. in dorso. Commissioners to take view of a cer­tain Sewer, called Erlesthron, neer Grenewich, and to repair the Sluces thereof where need should be. And in 27 E. 3. Otto de Grandisone, Thomas de Lodelowe, Simon de Kegworth, and Will. de Roderham, were assigned Pat. 27 E. 3. p. 1. m. 22. in do [...]so. to take view and make enquiry touching certain breaches in the Banks and Marshes of Dertford, Erde, and Stone; and of the stopping of the Gutters and Sewers there; forasmuch as by that obstruction, the Corn sowed in those Marshes, as also the Meadows and Pasture grounds thereof, became often drowned, by the Tides; And to use some speedy remedy for the same. In that year likewise, Will. Vaghan, Richard de Birton, Thomas de Ludlowe, Iohn de Dielleston, and Simon de Lee were appointed Ibid. m. 3. in dorso. to oversee the Banks betwixt Grenewiche and Plumstede, and to take order for their repair: whose Commis­sion bears date the 7^th of May. And upon the 25 of the same month (such was the necessity incumbent [...]) the King issued out another Commission Ibid. m. 2. in dorso. unto Will Stu­ry, Simmon atte Lee, and Roger de Byshell, re­quiring them to take in and imprest such and so many Labourers, aswell within Liberties as without,☜ for competent wa­ges, as they should have need of, for the repair of those Banks, Ditches and Sew­ers, between Grenewiche and Plum­stede aforesaid; provided that such La­bourers were not then imployed in his the said Kings own work, nor retained in the service of others.

In the next year ensuing, Otto de Gran­disone, Will. de Waure, Richard de Stone, and Iohn de Rous were appointed to Pa [...]. 28 E. 3. p. 2. m. 15. in do [...]so. view the Banks and Ditches adjoyning to the Marsh of Stone, then ruinous, through the violence of the Sea, and neglect of the Land-holders therein.

In 31 E. 3. Will. de Notton, Richard de Birton, Thomas de Lodelawe, Thomas Mo­ryz, and Simon de Keggeworth, had the like appointment Pa [...]. 31 E. 3. p. 2. m. 8. in dorso. concerning those Banks &c. lying betwixt Grenewiche and Dert­ford. So also in 34 E. 3. had Iohn the Son of Sir Iohn Cobham Knight, Iohn the Son of Sir Raphe Cobham Knight, and Pat. 34 E. 3. p. 2. m. 4. in do [...]so. o­thers, for the view and repair of a certain breach of a Bank neer Stone, whereby a great part of the Marsh of Stone, and the adjacent parts, were overflowed and drowned by the Tides.

In 36 E. 3. Thomas de Lodelowe, Will. de Holdone, and some others, had Commis­sion [Page 61] Pat. 36 E. 3. p. 1. m. 15. in dorso. in like sort for the view and repair of those betwixt Grenewyche and Plum­stede.

And in 40 E. 3. Iohn de Cobham of Kent, Thomas de Lodelowe, Thomas Morice, Iohn Dyngeleye, and others, for Pat. 40 E. 3. p. 1. m. 24. in dors [...]. those in the Marshes of Dertford and Eard: where­in they were required to proceed accor­ding to the Marsh-law.

In Pat. 42 E. 3. p. 1. m. 25. in do [...]so. 42 E. 3. Simon de Kegworth, Rich­ard de Norwiz, Robert de Eareth, and o­thers, for the Banks betwixt Wolwiche and Eareth; and to do all things there­in, according to the Law and Custome of this Realm. And in the same year, the before-specified Iohn de Cobham of Kent, Thomas de Lodelowe, and Roger God­chestre, for those in the Marshes of Derte­ford and Eard.

So likewise the next ensuing year, had Pat. 43 E. 3. p. 1. m. 33. in dorso. the same Iohn, and Thomas, with Will. de Halden, and others, for the Banks in the Marshes of Derteford and Stone; and command to hear and determine all things therein, according to the Marish Law.

In 47 E. 3. the Abbot of Lesnes, Sir Thomas de Lodelawe, Knight, Simon de Kegworth, and Will. de Horne had Com­mission Pat. 47 E. 3. p. 1. m. 8. in dorso. to view and repair those Banks &c. betwixt Plumstede marsh, and the marsh of Lesnes. The next year fol­lowing Iohn de Whitwell, Iohn Chertseye, and Iohn Wroth junior, had the like Com­mission, to take view, and see to the re­pair of divers other Banks &c. in several places bordering on the before-specified River of Thames. And in Pat. 48 E. 3. p. 1. m. 30. in dorso. the same year Will. de Haldene, Roger Dygge, Tho­mas de Shardelowe, and Nich. Heryng, for those in the Marshes of Derteford and Stone. So likewise had Ibid. Will. Halden, Adam de Bury, Nicholas Heryng, and Thomas Shardelowe, for the Banks &c. be­twixt Hecham and Dertford.

In 1 R. 2. the said Will. Halden, Nich. Hering, Will. Horne and Iohn Tendre, were assigned Pat. 1. R. 2. p. 4. m. 30. in dorso. to view and take order for the repair of those betwixt Dertford and Grenewiche; wherein they had directi­on to proceed according to the Marsh Law. And the next ensuing year Robert Bealknap, Will. Halden, Nich. Hering, and Henry Vannere, had Pa [...]. 2. R. 2. p. 2. m. 32. in dorso. the like assignation for those Banks &c. betwixt Combe and West-Grenewiche. In 3 R. 2. Robert Bealknap, Nich. Hering, Thomas Illeston, and Robert Loxle, had Pat. 3. R. [...]. p. 1. m. 44. [...]n dorso. the like for those betwixt Grenewiche and London bridge. So Pat. 6 R. 2. p. 1. m. 31. in dorso. likewise in 6 R. 2. Iohn Cobham, Robert Bealknap, Iohn Philippot, Iohn Fremyngham, Henry Vannere, Will. Brenchesle, Thomas Shardelowe, and Peter Hereford, for those in the Marshes of Dertford and Stone; and to hear and determine all things therein according to the Marsh Law. And in 8 R. 2. Sir Will. Waleworth, Knight, Rob. Walbelton, Roger Ashburnham, Iohn Olyver, and Will. Brynchesle had Pat. 8 R. [...]. p. 2. m. 35. in d [...]rso. the like assig [...]ation for those betwixt Grenewich and London bridge: So also had Pa [...]. 11. R. 2. p. 1. m. 33. in dorso. Sir Iohn Fallesey Knight, Roger As [...]burnham, Will. Staunden, Citizen of London, Tho­mas de Skelton, Will. Brynchesle, and Iohn Olyver; and to proceed therein, accor­ding to the Law of the Marsh, and the Laws of this Realm.

In 16 R. 2. Sir Iohn de Cobham Knight, Will. Rikhill, Will. Makenade, Will. Skreene, Iohn Colepepir, Walt. Roo, and Will. atte Wode had Pat. 16 R. 2. p. 3. m. 14. in dorso. Commission for the view and repair of the Banks, Ditches &c. betwixt Plumstede and Northflete, with dire­ction to act therein, according to the Law and Custome of this Realm, and the Custome of Romeneye marsh. And the next year following Will Rikhill, Sir Iames de Peckham, Knight, Will. Makenade, and Iohn Fox of East-Grenewiche, had Pat. 17. R. 2. p. 2. m. 37. in dorso. the like for those betwixt Depford and Charleton, and to proceed therein as aforesaid. In Pat. 20 R. 2. p. 2. m. 3. in do [...]so. 20 R. 2. Will. Makenade, Richard Mariell, Thomas Frisby, Iohn Luf­wyk, Thomas Arthington, Richard Clider­howe, Will. Hesille, and Iohn Newport, the like, for those Banks &c. in the Marshes of Dertford and Stone; and to proceed according to the Marsh Law.

In 22 R. 2. Will. Makenade, Robert Ox­enbrigge, Will. Frye, Will. Skreen, Iohn Pre­ston, Thomas Lexham, and Iohn Hall were assigned Pat. 22 R. 2. p. 2. m. 2. [...]n dorso. to view and take order for the repair of all the Banks &c. betwixt Wollewyche and Suthwerke; and to act therein according to the Law and Cu­stome of this Realm, and the Custome used in the Marsh: and to imprest so many Labourers therein, upon compe­tent wages, in respect of the then great and urgent necessity, as might serve for the performance of that work.

In 1 H. 4. Will. Rikhill, Richard Mu­riel, Thomas Erdyngton, Will. Cressewyk, Iohn Martyn, Will. Hesell, Iohn Mayhewe, and [Page 62] Solomon [...]Fresthorpe were appointed Pat. 1 H. 4. p. 6. m. 13. in dorso. to view and take course for the repair of those in the Marshes of Est-Grenewyche, Combe, Charleton and Wollewyche; and to proceed therein according to the Marish Law. And Pat. 1 H. 4. p. 8. m. 13. in dorso. in the same year Iohn Colepepir, Will. Makenade, Stephan Batenham, Iohn Martyn, and Iohn New­port, for those in the Marshes of Derte­ford and Stone; and to act as aforesaid. In Pat. 3 H. 4. p. 2. m. 8. in dorso. 3 H. 4. Iohn Colepepir, Will. Hesyll, Thomas Lodelowe, Iohn Urban, Iohn Crepyn, Iohn Martyn and Thomas Appelton, for those in Derteforde marsh; and to act according to the Law of the Marsh, and the Law and Custome of England.

In 5 H. 4. Will. Brenchesle, Nich. Car­reu, Will. Makenade, Will. Askham, Robert Oxenbrigge, and Thomas Remys, had Pat. 5 H. 4. p. 1. m. 29. in dorso. the like appointment for those betwixt Lon­don bridge and Grenewyche; and to proceed therein according to the Custome of Romeney marsh, and the Law and Custome of this Realm. In 7 H. 4. Wil. Hankford, Thomas Tildeslegh, Nich. Carreu, Walter Hoke, Will. Crowemere, Iohn We­stone, and Richard Wakehurse had Pa [...]. 7 H. 4. p. 1. m. 34. in do [...]so. the like; and to act according to the Law and Cu­stome of this Realm. And in 8 H. 4. Sir Arnald Savage Knight, George Ballard, Ri­chard Clitherowe, Stephan Bettenhamme, Iohn Martyn, Will. Elys, Will. Notebem, and Thomas Ikham, were constituted Pat. 8 H. 4. p. 2. m. 5. in dorso. Com­missioners, as aforesaid, for the view and repair of those Banks &c. lying betwixt West-Grenewyche and S. Margarets [...]tte Clyve; and to proceed therein accor­ding to the Law and Custome of this Realm, and the Custome of antient time used in Romeney Marsh.

In 10 H. 4. Sir Iohn Oldcastell Knight, George Ballard, Richard Clyderhowe, Iohn Martyn, and Iohn Urban, were constituted, Pat. 10 H. 4. p. 1. m. 13. in dorso. in like sort, for the view and repair of those Banks &c. situate betwixt Grene­wyche and Depford; and to perform all things concerning that businesse, accor­ding to the Marish Law till then used, and Law and Custome of this Realm.

And Pat. 12. H. 4. p. 1. m. 23. in do [...]so. in 12 H. 4. the said Sir Iohn Old­castell, Iohn Martin, Iohn Urban, Iohn Kre­pen, Iohn Weston, Walter Roo, and Iames Dyngle, for those betwixt Northflete and Grenewyche; and to do all things there­in according to the Law and Custome of England.

In 15 H. 6. Richard Bamme, Reginald Pekham, Iohn Bamburgh, Iohn Chymbeham, Rob. Reynold, and Walter Groveherst, Pat. 15 H. 6. p. 1. m. 17. in dorso. for those in the Marshes of Dertford and Stone, and in Swainescompe; with power to make Laws and Statutes for the same, according to the Laws and Cu­stomes of Romeney marsh, and the Law and Custome of England: As also to imprest as many Labourers &c. upon a competent salary, as might accomplish the work, considering the great neces­sity, in respect of the damage impen­ding.

In 14 E. 4. Sir Edward Nevill of Ber­genny Knight, Iohn Abbot of Ber­mundsey, William Abbot of Lesnes, Wil. Hatteclyf, Iohn Bromstone, Iohn Grene, Iohn Bam, Roger Appiltone, Rob. Ballard, et Iohn Alfegh were constituted Pa [...]. 14. [...]. 4. p. 1. m. 20. in dorso. Commissio­ners for the viewing and repairing the Banks from West-Grenewich to Graves­end; and to proceed in all things tending thereto, according to the Laws and C [...] ­stomes of this Realm, and the Custome of Romeney marsh.

The same year the like Commission Ibid. was issued, unto Will. Abbot of S. Au­gustines in Canterbury, Sir Edward Ne­vill of Bergavenny Knight, Iohn Abbot of Lesnes, VVill. Hatclyf, Iames Haute Esquire, Iohn Bromston Esquire, Iohn Grene Esqui [...]e, Richard Page, Iohn Bavyn, Roger Appeltone, Roger Brent, Iohn Alfegh, VVill. Swan, Robert Balard, Roger Shelley, Iohn Nethersole and Iohn Hurt, for those Banks betwixt Wolwiche, and Northflete; and to act therein as afore­said.

Howbeit notwithstanding Rot. Pa [...] de anno 22. H. 8. n. 10. cap. [...]. these good Laws and Customes, and the care of the Commissioners in seeing them put in ex­ecution, such hath been the backward­nesse of some, that, for want of timely repair of those breaches, which through the violence of the tides, were made in the Banks of Plumsted, Lesnes, & Erith; the Marshes of Plumsted and Lesnes, were not only suffered to be drowned; but, after several Taxes made for re­gaining of them (and for making a new crosse wall, from the Thames to the up­land, for inning of the said Marsh called Plumsted marsh, and a certain number of Acres in the levell and Marshes of Lesnes; and defending them from the overflowing of the water, which entred [Page 63] at Erith breach; and for further mainte­nance of the old Marsh-walls by the Thames side, from the said new crosse wall nigh unto Wolwiche) divers that were assest, paying not their proportion, the same Marshes and levell would have been irrecoverably lost, had not the Bay­liff of the Marsh and others, by his assign­ment, laid down the money: For reco­very therefore of the said Assessments, and the better levying of such summs of mo­ney, as had been before imployed for the inning and defence of those Marshes; up­on complaint made in Parliament, in 22 H. 8. it was then enacted Ibid.; that the Bay­liff of the Marsh should cause Proclama­tion to be made upon any Sunday after­ward, in the Parish Church of Plum­stede, for the payment of all such arrears of the said Taxes, within xx dayes then next ensuing; and that he who made pay­ment of the same accordingly, should be dischardged of his doubles; otherwise not: And, if the said Tax and Doubles should not be paid by the Feast of S. Mi­chael the Arch-Angel then next follow­ing; that then every possessor, or Te­nant of any lands, lying within the said Marshes, or any other who would pay that Tax to the said Bayliff, his Execu­tors, or Assignes, might enter into the Lands and Tenements, so assessed, and hold the same to himself and his Heirs for ever; except it should be redeemed within three years then next follow­ing.

And in 37 H. 8. upon the like com­plaint made in Parliament, that the Mar­shes called the New Marshes, & Combe Marshes, in the Parish of East Grene­wiche, were often in peril of overflow­ing, through the neglect of some persons chardgable with the repair of those Banks, which had antiently been raised for their preservation from that danger; it was also enacted Ror. Parl. 37 H. 8. c. 11.; that all and every such person and persons, as then were, or which thenceforth should be owners of the said Marshes, or of any parcell thereof, should at all times, after the end of that Session of Paliament, pay, and be contributory, towards the reparation of the said Marshes from time to time, after the rate of the Acre, as other owners had before that time been chardged: And, that the Expenditors and Collectors, or one of them, from time to time, when a­ny Assessment or Tax should be had or made in that behalf, to distrain the goods and Cattell of such persons, that should refuse to pay after such rate; and the same distresses to retain, keep and use, according to the Laws of Romeney Marsh, in such behalf, of antient time used.

But notwithstanding that care taken by the Act of Parliament of 22 H. 8. before recited, touching the Marshes of Erith, Plumsted, and Lesnes; it was repre­sented R [...]. Parl. 5 Eliz. n. 36. to the Parliament in 5 Eliz. that there was a certain ground, containing about two thousand Acres, lying in the Parishes of Erith, Lesnes, and Plum­stede before-specified, which in former times were good Pasture grounds and meadows, but by certain breaches, with­in the space of xxx years then past, laid waste, by the inundation of the Thames: And that one Iacobus Acontyus, an Italian, (and servant to the Queen) had under­taken at his own chardges, the recovery thereof, in consideration of a moytie of it, for his chardges: but that the Lords and owners thereof were many, and had several kind of estates therein, whereby their assents and good assurances could not be procured: It was therefore en­acted, that the said Iacobus, and his as­signs, and their Servants, Factors, Labour­ers &c. should, at the costs and chardges of the said Iacobus, after the tenth day of March, in the year MDLxii. for the term of four years, then next following, inne, fence, a [...]d win the said grounds, or any parcell of them: And, that, having so won and fenced the same, or any of them; that he the said Iacobus and his heirs, or such person or persons, and their heirs, as he or his Executors should nominate, by their writing enrolled in one of the said Queens Courts of Record at Westmin­ster, or by his the said Iacobus his last Will and Testament, in consideration of such recompence, should have and en­joy the one moytie thereof, to be severed from the residue within two years next after the said winning thereof, by four or mo discreet Commissioners, to be nomi­nated and appointed by the Lord Chance­lour of England, or Lord keeper of the great Seal, for the time being: and being so severed, Lots to be cast for conclu­ding of each proportion to either par­ties.

[Page 64]After which about two years, Queen Elizabeth issued out a Commission Ex bund n [...]o de Seweris in Capellâ Rotu­l [...]rum n. 16. to Thomas Wotton, George Moulton and others, bearing date at ............ 7 Eliz. to enquire, whether the said Iames Aconcius, who so undertook the inning of those Lands, lying in the Parishes of Erith, Lesnes, and Plumstede marsh had, in pursuance of the said Act of Parliament, so held at Westminster, 12 Ian. 5 Eliz. accordingly performed the same; and for which he was to have the inheritance of the one moytie of the said Land so won and inned.

Whereupon the said Commissioners certified Ibid., ult. Ian. 8 Eliz. that six hun­dred Acres thereof, were then won, and inned with Walls, Banks &c. from the water and floud of the River of Thames, according to the tenor of the before-spe­cified Statute.

All which is more particularly taken notice of, by another Act Ro [...]. Parl. 8 Eliz. n. 22. of Parliament, made in the 8^th year of Queen Eliz. re­citing; that whereas the said Iacobus did win some part thereof, which was by the violence of the flouds shortly after lost; and being not able to recover the same, he did depute Iohn Baptista Castilion, one of the Grooms of the said Queens privy Chamber, Iohn Gresham Mercer, Francis Robinson, Richard Young, Grocers; Simon Horsepoole, and Henry May, Drapers (Ci­tizens of London) at their costs and chardges to inne, fence, and win the same, or some convenient portion thereof: by authority of which deputation, they the said Iohn, Iohn, &c. did inne and win part thereof, containing about six hundred Acres; whereof a division was made, and the one part, called the Eastmarsh, alotted to the said Iacobus, and his as­signs; and the other, called the West­marsh to the owners &c. Which part called the Eastmarsh, he the said Iames assigned to the before-mentioned Iohn, Iohn &c. in consideration of their chardge, which amounted to five thousand pounds: Whereupon it was enacted, that the said Iohn Baptista Castilion, and the rest of the undertakers above-mentioned, should have and enjoy the same, to them and their heirs for ever; to be held of the chief Lord of the Fee, by such services as it was formerly held: And moreover, that they should have power to inne and win the rest of the surrounded grounds, from the tenth of March next ensuing, du­ring the space of eight years; and being so won, to enjoy a moytie thereof, to be divided by Lots, as in the former Act.

And in 14 Eliz. by an Act Ro [...]. Parl. 14 Eliz. n. 15. of Parlia­ment then made, which recited the for­mer Acts; and that six years of the eight years before limited, were expired, and yet the work not finished; it was far­ther enacted, that he the said Iohn and the rest of the undertakers, should have eight years more, from the tenth of Iune follow­ing the date thereof, for to accomplish their work in: and to have the moytie thereof so won, and divided as afore­said.

And after this, viz. in 23 Eliz. by a­nother Act Ro [...]. Parl. 23 Eliz. n. 13. of Parliament at that time made, and reciting all the before-men­tioned Acts: as also, that whereas since the making of the Statute in 14 Eliz. the said said Iohn Gresham constituted one Thomas Allen to be his assignee; and the said Henry May constituted Walter Fisher his assignee, to and for the said affairs: and whereas six years, parcel of the said eight years, were almost expired the 8^th of May in 14 Eliz. and thereupon eight years more added to that term as abovesaid. And moreover, that since the making of that Statute in 14 Eliz. all the parts of the said undertakers were come to the hands of the said Iohn Bapti­sta Castilion, and of Thomas Smith, George Barn, the said Richard Young, Thomas Fi­sher, Ferdinando Pointz, Iames Guichardine, and Roger Iames: And whereas the said eight years were fully expired; and that the inning thereof had by flouds and tempests been hindred, that it could not be finished without longer time: It was therefore enacted, that it should be law­full for the parties abovesaid, to inne the same within two years, after the end of that present Session of Parliament, and then to enjoy the moytie by such parti­tion as aforesaid; and to take such Reed and Earth upon the premisses, for the inning thereof, as should be most need­full.

And in consideration that they should maintain the Banks of the same, by the space of one whole year after the win­ing thereof, it was further enacted, that they should have an half of the eighth part of the other half, so won as aforesaid, to [Page 65] be divided as aforesaid: And moreo­ver, that in consideration of the great chardges in and about the same, the pre­mises should be dischardged of all ti­tles whatsoever, for the space of seven years next after the inning, fencing, and winning of the same. And that all Shelves and Forelands, then being, or that afterwards should be, betwixt the said Banks and the River of Thames, should be kept and maintained at the common chardge of the said owners and Inners, their heirs and assigns: and that no Earth or Reeds should be taken from the said Shelves and Forelands, or other thing, to any use, than for the re­pairing of the Banks for defence of the said Marshes, upon penalty of five pounds for every such offence, to be for­feited to the said Inners or owners, or any of them; who by the said Act were authorized to sue for the same, by Action of Debt, Bill, plaint, or in­formation, in any Court of Records, &c.

In the 4^th year of King Iames, upon a Petition then exhibited in Parliament, for inning and winning of certain Marsh grounds, lying in the drowned Marshes of Lesnes, and Fants, in this County, which had been of long time overflow­ed: it was enacted Ro [...]. Parl. 4 Iac. cap. 8., that William Bur­rell of Ratcliff in the County of Midle­sex Gentleman (who had covenanted with the owners of those surrounded grounds, by Indentures made betwixt them and him, dated the seven and twentieth of February A^o D. 1606. for the consideration in the said Indenture expressed, to do his best endeavour there­in) should have power to enter upon the work, and to take Reed and Earth in any part of the said drowned Marsh, so as he the said William, nor any imployed therein under him, should digg within xx Roods of any wall already made within that Marsh: And that immedi­ately after his accomplishment of the same, he the said William, his Heirs and assignes, to have the one half of all the said grounds so to be inned, according to the purport and true meaning of the said recited Indenture (the other moytie to belong to the owners of the said Marsh grounds, according to the several pro­portion of their quantities, which they then had in those grounds) to be holden of Edmund Cooke Esquire, his heirs and assigns, as of his Manno [...]r of Lesnes and Fants, in free Socage, by fealty and one penny Rent for every Acre; and not in chief, nor by Knights ser­vice.

And that in consideration of the great chardge of this work, the said inned Marshes to be dischardged from all Tithes and Tenths whatsoever, for and during the term of seven years next after the inning, winning, and fencing of the same.

CAP. XIV.

AND now,Surrey: though by what hath yet been instanced, touching the improvements made by Banking and Drayning, upon the Verge of this River, the first Commissions, which I have vouched, bear not date a­bove three hundred and fifty years since; yet do I make no question, but that this good Husbandry was far more antient: for notwithstanding the like Commis­sions, for the defence and safeguard of the other Marshes, situate higher upon this stream (whereof I shall give in­stance by and by) are not much elder; it will, by great circumstances be evi­dent, that some of these Banks are not of lesse antiquity than the time of the Ro­mans, here in Britaine; otherwise how could that antient Borough of Suth­warke have been built, the ground whereon it stands, being at first naturally flat and low, and within the power of the usual tides, as the adjoyning Marshes still would be, were not they defended by the like Banks, though now, by rea­son of the vast buildings there, which do stand upon artificial ground (it being in the nature of a Suburb to that great and antient City of London) there be little notice taken, that it hath been so raised: where, besides divers Roman coynes, that are still frequently digg'd up, I my self in the year 1658 saw, in those fields (on the backside of Winch [...] ­ster house) called Suthwark Park [...] up­on [Page 66] the sinking of divers Cellers, for some new buildings, at about two foot below the present levell of the ground, a Roman pavement, made of Bricks, not above an inch and an half square; and adjoyning to it a more curious piece, of the like small bricks (in length about ten foot, and in bredth five) wrought in various colours; and in the midst thereof, be­twixt certain borders, in the fashion of wreathed columns, the form of a Ser­pent, very lively exprest in that kind of Mosaique work.

I now come to the Commissions. The first whereof our publick Records do take notice, is Pat. 23 E. 1. m. 13. in dor­so. in 23 E. 1. which was directed to Iohn de Metingham, and Will. de Carleton, for the view and repair of the Banks &c. betwixt Lambehethe and Grenewiche.

After this about three years, through the neglect of those, who ought to have maintained the Banks neer Retherhithe, the breaches thereof were such, as that a great part of those Marshes became drowned: Whereupon the King com­mitted the managing of their repair to his trusty and beloved Will, Haward (soon after one of the Justices of his Court of Common Pleas) to whom he assigned a certain summ of mony for that purpose: which not being sufficient for the accom­plishment of the work, though he the said William, even beyond his abilities, added thereto of his own purse; the said King, by the advice of his Counsail, or­dained Pat. 34 E. 1. m. 15. in dor­so.; that all those Lands, which through the before-specified neglect, were thus overflown and drowned, should be seized into his own hands, and committed to some such honest and tru­sty person, as would be willing to take upon him the chardge of the said re­pair, and new making of the said Bank; to have and enjoy, by an extent to be made thereof, untill he should reimburse himself, out of the profits of the said Lands, to the full of whatsoever he might lay out upon that work.

In 2 E. 2. Iohn de Foxle, Walter de Glou­cestre, with some others, were assigned Pat. 2 E. 2. m. 5. in dorso. to take view of a certain breach of a Bank neer Bermundsey, and to provide for the repair thereof. In the same year it hapned, that by reason of the said breach, the Prior and Covent of Pat. 2 E. 2. m. 5. in do [...]so. Bermondsey, received great losse by the drowning of certain grounds belong­ing to that House: the King therefore, at the request of Isabell his Queen, gran­ted Pat. 2 E. 2. m. 5. in do [...]so. this favour to the said Prior and Co­vent, that nothing of the Corn, Hay, or any the Good; or Catalls belonging to the said Priory, should be taken to the use of the King, or any other, without the assent of them the said Prior and Co­vent.

The like breach also hapning in the Banks of the Marshes, in Suthwarke, which not long before pertained to the Knights Templars, but then were in the King's hands, he being advertised there­of, directed his Precept Claus. 4 E. 2. m. 7., bearing date at Barwick upon Twede 23^o Maii, 4 E. 2. unto William de Montalt (at that time Guardian of those Lands) com­manding him, that out of the profits of them, he should cause them to be spee­dily repaired. And in 9 E. 2. Richard de Repham and Edmund de Passele were constituted Pa [...]. 9 E. 2. p. 2. m. 7. in do [...]s [...]. Commissioners for the view and repair of the Banks &c. betwixt London bridge, and the Mannour called Fauxes-Halle, as also of a certain Bank in the Land of the Bishop of Winche­ster, in Suthwerke; which having been antiently made, for the safeguard there­of, was then ruinous and broken: And likewise of certain Ditches, whereby the fresh waters had formerly used to descend into the Thames, which were then choak'd up. And to distrain all such persons for the repait of the said Banks and Ditches; who, in respect of any lands that they held, or otherwise, were obliged thereto.

In 13 E. 2. upon an Inquisition Ex bun [...]. de Brevibus & Re­cordis Wallias & [...]. tangenti­bus. [...]. 3. taken before Iohn de Everdon, and Geffrey de Hertelpole, then the Kings Justices assign­ed to enquire of the defects in repair of those Banks which were situate betwixt London bridge and Grenewiche; the Jury presented upon their Oaths, that part of a Bank at Retherhethe, contain­ing thirteen perches in length, was then broken; and that Sir Iohn Latimer Knight, in respect of a certain messuage that he had there, was and had been chardged with the repair thereof, time out of mind.

It was likewise presented, that at a place there, called Milnewardstrete, there was a Gutter, called Mouse goter, [Page 67] so obstructed, that the water which had used and ought to passe through it into the Thames, was stopped: and that one Richard le Chaundeler, was obliged by right to clense and scowr the same, by reason of his Lands there.

And moreover, that there was ano­ther Gutter, in the Land lately belonging to Richard de Dunle, so stopped likewise; the clensing whereof belonged to Agnes his widow, then Tenant to the said Lands. As also, that there was another Gutter, in the grounds, whereof Richard de Ashwy had been lately possessed; which Gutter being then likewise choak [...] up, did endanger the drowning the ad­jacent Marshes; and that the clensing thereof pertained to the heirs of the said Richard. And lastly, that there was a certain Sewer, called Ozflete, pas [...]ing from the water of S. Thomas, unto the Thames, stopt up also, for want of clensing, to the great annoyance of the Lands of Iohn Capsho, and Robert Allard; which Sewer ought to have been scoured by the said Iohn and Robert. It was therefore ordained by the before-specifi­ed Justices, that the said Sir Iohn le Lati­mer, and the rest of the persons, so pre­sented as aforesaid, should be distrained to make good the several repairs a­bove-mentioned, so belonging unto them.

In 26 E. 3. Will. Thorpe, Iames H [...]fee, and Will. de Fifhide were appointed Pat. 26 E. 3. p. 3. m. 18. in dorso. [...] view and repair the Banks a [...] [...]he Stewes, and in other places adja [...] by the breach whereof divers ground [...] and meadows lay then totally drowned. And in 37 E. 3. Edmund Chelreye, Thomas Morice, and Michael Skillyng had Pat. 37 E. 3. p. 1. m. 37. in dorso. the like appointment for those Banks neer the said Stewes, which were opposite to the Mannour House of Iohn de Mo [...] ­bray. Before which Commissioners, divers presentments were then made touching those Banks and Sewers, neer the same Stewes; where divers persons, being found faulty, paid fines to the King; o­thers acknowleged that they ought to repair them by the perch; and others had made good what belonged to them to do; whereof the Prior of S. Iohns of Ierusalem, was one; who had two Mills there, and other lands to the value of xl Plac. coram Rege term. Pasch. 37 E. 3. Ro [...]. 19, 20 & 23. Surr.. per annum. The like was certifi­ed Plac. coram Rege de eodem anno Term. Mich. Rot. 26. of Sir Iohn de Moubray, Knight, and Elizabeth his wife, daughter and heir of Iohn de Segrave.

In 42 E. 3. Iohn Lovekin, Will. Ta [...]ke, Will. de Neudigate an [...] oth [...]rs, had the like assignation [...] 42 [...] [...]. p. 1. m. 15 i [...] do [...]s [...]. for the Banks &c. ex­tending from a place called D [...]nie­lissewalle in this County of Surrey, to Roddis [...]orne in Kent. And in 48 E. 3. Robert Bealknap, Will. Halden, Roger Dygge and others, for Pat. 48 [...] 3 p. 1. m 30. in dorso. the same Banks, betwixt Danyeleswalle, and the Land of the Prior of S. Marie de Overe, and about a medow called Cro [...]chemede: by which Commi [...]sion [...]h [...]y [...]ere direct­ed to proceed according to the Law and Custome of this Realm of Eng­land.

In 4 H. 5. Iohn P [...]eston, Sir Iohn D [...]ay­ton Knight, Thomas Rothewell junior, Tho­wes Drewe, Richard Wydeforde, and Tho­mas Coventre were constituted Pa [...]. 4 H. 5. p. unic [...] m 15. in do [...]s [...] Com­missioners for the view and repair of the Banks, Ditches &c. all along the Verge of the Thames, on both sides, from Reading to Oxford, which were then broken in many places; with ap­pointment to proceed therein accor­ding to the Law and Custome of Eng­land.

The next year following, Iohn Preston, Iohn Martyn, Iohn Corf, Iohn Appulton, Robert Skyrne, and Nicholas Pa [...]. 5 H. 5. p. unica m 34. in do [...]s [...] Conyngston had the like Commission for those Banks &c. betwixt Depford strond, and Ber­mundsey, wherein they were directed to act according to the Custome of [...]he Marsh, and the Law and Custome of this Realm.

In 22 H. 6. Sir Iohn Burcestre Knight, Ric [...]ard Bamme, Richard Com [...]e, Will. O [...]urne, Adam Lynelord, Iohn Martyn, Iohn Malton, and Will. Kyrton were as­signed Pa [...]. 22 H. 6. [...]. 1. m. 17. in d [...]so. to view all those Banks on the side of Thames, and marshes adjoyn­ing aswell within the Lordships of South Lambehithe, North Lambe­hithe, Lambehithe mershe, and Pa­rysh-garden, as in Southwerk, Ber­mundsey, Retherhithe, Depford stronde, Peckham, Hacham, Camer­well, Stokwell, Clopham, and New­yngton, in the Counties of Surrey and Kent, which were at that time broken and in decay, and to take order for the repair of them: As also to make neces­sary Laws and Ordinances for the safe­guard and preservation of them, accor­ding [Page 68] to the Laws and Customes of Romeney Marsh: And mor [...]over to impr [...]st so many Diggers and Labour­ers, to be imployed th [...]rein, upon com­p [...]ent salaryes, as should be necessary, in resp [...]ct of the great necessity at that time for the speedy dispatch of that work. The like Commission Pa [...]. 25 H. 6. p. 1. m. 8. in do [...]so. and di­rection had Iohn Bamburgh, Richard Bamme, Richard Drax and Philip Lewe­ston in 25 H. 6. for the Banks in the same Lordships and places.

And in 31 H. 6. Sir Iohn Burcestre Knight, Richard Waller Esquire, Will. La­ken, Philip Leweston, and others, had Pat. 31 H. 6. p. 1. m. 22. in dorso. the like, for the view of all the Banks from East-Grenewiche in Kent, to Wandes­worth in Surrey: So also had Ibid. the said Sir Iohn Burcestre, Sir Iohn Cheyne Knights, Richard Waller Esquire, Will. Laken, and others, for those betwixt West-Grenewiche, and Wandesworth, aforesaid; viz. to the Sluces call [...]d Hares­cluse, R [...]therhithe, Suthwerke, Ber­mondsey, Parysga [...]dyn, L [...]mbehythe, Lambehythe mersh, Batersey, Wandesworth, Clopham, Pekham, and Camberwerwell.

The like Commission Pat. 33 H 6. p. 1. m. 17. in do [...]so., for the same Places, and to proceed accordingly, had Sir Iohn Bourgchier of Barners Knight, Sir Iohn Burcestre, Sir Iohn Cheyne Knights, and others, in 33 H. 6.

So also had Pat. 5 E. 4 p. 1. m. 23. in dorso. Sir Raphe Iosselyn Knight, Mayor of the City of London, Sir Wal­ter Moile Knight, Sir Iohn Burcestre Knight, Nich. Gaynesford Esquire, Iohn Wode, and others, in 5 E. 4. And likewise Pat. 14 E. 4. p. 1. m. 20. in do [...]so. Sir Richard Fenys Lord Dacres; Iohn, Abbot of Bermundsey, Henry, Prior of S. Marie Overey, in Suthwerk; Will. Crosse, Master of the Hospital of S. Tho­mas the martyr in Suthwerk, and divers others, in 14 E. 4.

CAP. XV.

HAving now done with the Marshes on the South part of Thames, I come to those on the North side, lying in the Counties of Midlesex and Essex: beginning with Middlesex: where the first mention I find of any thing in this kind, is, that in 26 E. 1. Ro­bert de Retford and Henry Spigurnell were assigned Pat. 26 E. 1. m. 28. in dor­so. to view and repair the Banks and Ditches in Stebbenhethe and the parts adjacent. After this, viz. on Wednes [...]ay next after the Feast of S. Martin Plac. de [...]erm. [...]. 18 E. 2. ro [...]. 174. Midd. the Bishop in 18 E. 2. there was an inquisition taken at the Hospital of S. Kathrines neer the Tower of Lon­don, before Will. de Broke, and Robert de Kellesey, then the Kings Justices for view of the Banks, Ditches, &c. lying betwixt the said Hospital and the Town of Chadewelle, and for repair of the same; before whom the Jurors did present up­on their Oaths; that a certain person of antient time Lord of the Mannour of Stebenhethe before-mentioned, whose name they knew not, did by his industry recover a certain Marsh there, contain­ing about an hundred Acres of Land, which Marsh was then drowned by the overflowing of the Thames, and at the time of the said presentment so made had Banks, Ditches, &c. and did so lye be­twixt the said Hospital and Shadwelle; but through the want of their repair, was then frequently overflowed, and in divers places drowned to the great damage of the people in those parts.

Which Lord of the said Mannour of Stebenhethe, did afterwards grant by Charter to certain of his free men, xlij acres and a half of Land, with the ap­purtenances, severally, by parcells, to be held by them and their heirs, by cer­tain services for ever; and to repair and maintain, the said Banks, Ditches, Sew­ers, &c. viz. each man upon his own proper ground, bordering on the said River of Thames: of which xlij Acres and a half, Iohn Gisors, Iohn Peyrun, and Maude de Cauntebrig, held xxxij Acres; the Master of the Hospital of S. Thomas the Martyr, of Acon, in the said City of Lon­don, ten acres; and Walter Crepyn, half an acre: and that the said Lord of that Man­nour, dimised the residue of those hun­dred Acres, to the Bondmen of the said Mannour, to hold at will, and to repair and maintain the Banks, Ditches, &c. a­foresaid; every man, at his own pro­per costs, upon the said Lands so to him demised.

And they farther said, that the said Lord and his Court of Stebenhethe, did then decree and ordain, by the assent of those his Tenants, two men, called Wall Reeves, to oversee the said Banks &c. upon the ebbing and flowing of the Tides; and to warn all the Tenants of the said Lands, as often as need should require, to repair them; and likewise to present the defaults in the Court of the said Lord at Stebenheth, to the end that the defects might be thereup­on amended by the said Lord and his Tenants. And that the said Lord ought to have of every such Tenant, so in de­fault, for the repair aforesaid, for every peny three p [...]nce. And so to settle the order of defence, repair, and mainte­nance of the said Banks &c. in time to come; and likewise the manner of cho [...] ­sing and constituting the two men afore­said, in the said Court of the Lord, to oversee those Ditches &c. and to warn the Tenants when need should require, from that time forth, for ever.

Which Custome and usage had ever been exercised from that time, from time to time, by the Tenants of the Lords [Page 70] of that Mannour, untill that present day; the state and Title of which Lord was then in the Bishop of Lon­don.

And the said Jurors moreover pre­sented, that through the default of the Bondmen of the said Bishop, who then held the said Lands in Steben­hethe of him the said Bishop, in form aforesaid, and were so obliged to those repairs, but could not perform them; the Banks and Ditches were broken and torn, and the Lands and Tenements aswell of the Free-holders as others, pe [...]ilously, and with great damage over­flowed.

And it was farther enquired, whether any of the said Tenants did ever contri­bute to the aid of any other Tenant for the repair and maintenance of those Banks &c. upon any such breach hap­ning in former times: And it was an­swered no: For they said, that every Tenant had wont to repair and sustain all the Banks &c. upon his own proper land, at his own chardge, upon perill which might befall. And because that the be­fore-specified Free-holders, who were not guilty of the said breach, nor the de­fault thereof, as by the said inquisition was found; whereas they should have had benefit by the repair of those banks, as in reason they ought, and contrarywise sustained great losse; that they might have their action therefore, if they saw good: And that the said Bishop and his Bondmen, through whose neglect, those breaches, drowning, and damages came, should be distrained from day to day for the repair and maintenance afore­said.

By reason of which Inquisition, for that the King was informed that the said Bishop and his Bondmen did refuse to perform those repairs, at their proper costs and chardges, upon their lands bor­dering on the before-specified River, the Shireeve had command, that he should summon the said Bishop, to appear in the Court of Kings Bench, in the xvm• of S. Iohn Baptist, to shew, if he could, why &c. who came accordingly; and alle­ged, that soon after the said Inquisition was so made, all the defects in the Banks, upon his and his said Bondmens Lands, were by him and them sufficiently amen­ded and repaired; and the judgement given upon the same Inquisition, [...]ully executed: and therefore saith, that the Lands and Tenements aforesaid, were not overflowed and drowned through the default of the Bishop and his Bond­men, in not repairing and maintaining the Banks &c. aforesaid, upon those their Lands. But he said, that on the Even of the Circumcision of our Lord, in the xviith year of the said Kings reign, there hapned a mighty floud, proceeding from the tempestuousnesse of the Sea, which overflowed all the Banks, aswell those that were against other mens lands, as those against the lands of the same Bi­shop and his Bondmen; and drowned all the said grounds: Which floud af­terwards in it's retreat to the Sea, made a certain ground-breach upon the Land of the said Bishop, which could not be repaired by the labour of one Tenant; so that every man having any land so o­verflowed, ought to be chardged equal­ly, for his proportion, towards the repair thereof,☜ according to the Custome of the Marsh. And farther said, that if all the Land-holders there, would joyn to­gether for the repairing and maintain­ing of the said ground-breach in com­mon, he the said Bishop and his Bond­men would be ready, for their propor­tions, to assist and contribute there­to.

And Adam de Fyncham the King's At­torney, then said, that the said Walls &c. were so broken and torn, through the default of repair by the said Bishop and his Tenants, upon their own grounds; that all the before-specified Lands and Tenements were thereby o­verflowed, and in divers places drown­ed, as aforesaid, to the great damage and peril of all those Land-holders: And that this he was ready to make proof of. And the Bishop said as he did be­fore; and that if there were any over­flowing at all, it was occasioned by the said impetuous floud, which went over all the said Banks and Ditches; and which made that ground-breach before-speci­fied in it's retreat; and not by the default of him and his Bondmen aforesaid; and desired that this might be enquired of by the County. And so likewise did the said Adam, then the Kings Attorney. Whereupon the Jurors in the said Court of Kings Bench, in the xvme of S. Michael: [Page 71] and said upon their Oathes; that the Banks, Ditches &c. upon the coast of Thames, situate betwixt the said Hospi­tal and the Town of Shadwell, were not broken through the default of the Bishop and his bondmen; and that the said Lands were not so overflowed and drowned through any defect in repair of them: For they said, that all the Land was so overflowed by the means of that huge floud before-mentioned, occasio­ned through the vehement tempests from the Sea, about the Feast of the Circumcision of our Lord before-speci­fied; which ran over all the said Banks and Ditches; and which in it's fall to the Sea, made the said ground-breach, whereby those Lands became after­wards often overflowed, and drown­ed.

And the said Jurors being asked who ought to repair that ground-breach; answered; that according to the Cu­stome of those parts,☞ every man having any part in the said Land, lying betwixt the said Hospital and Shadwell, ought and had wont to contribute, according to his proportion, to the repair and main­tenance of such a ground-breach, when it should happen: And therefore the Shireeve was commanded to distrain not only the said Bishop and his bondmen, but all other persous having Lands be­tween the said Hospital and the Town of Shadwell, lying within the before-specified peril, for the repair and amend­ment of the Ditch, where the said ground-breach was made by that great floud; and likewise to repair the Banks, Ditches, Sewers and Gutters, which, by means of that ground-breach, were so broken and torn.

In pursuance of which verdict, the said King in the same 18^th year of his reign (wherein the pleading above-men­tioned was) assigned Pat. 18 E. 2. p [...] 2. m. 4. in dorso. Raphe Hereward, Robert de Ashele, and Iohn de Doure to view the said banks, betwixt the before-specified Hospital of S. Katherines and Shadwell, and to take order for their repair.

In the 15^th of E. 3. Robert de Sadyng­ton, Thomas de Blaston, and Gervase de Wilford had Commission Pat. 15 E. 3. p. 1. m. 45. in dorso. to view and repair the Banks &c. on the coast of the said River, being within the precincts of Westminster and the parts adjacent, betwixt a place call'd the Neyt, and Tem­ple-barr, in London, then broken and in decay by the force of the tides. And in 28 E. 3. Will. de Thorpe, Will. de Not­ton, Iohn Bray, Thomas Ludlowe, Will. de Hatton, and Thomas Morice had the like Pat. 2 [...] [...]. 3. p. 1. m. 24. in dorso. Commission for those in the Town of Stebenhethe before mentioned; as also upon the River of Lye, in the confines of Middlesex and Essex, in a certain part of Hakney, neer to a Mill called Crachehegge, betwixt the said Town of Hakney, and the Town of Welcom­stowe in Essex.

In 36 E. 3. Will. de Fyncheden, Will. de Wynchingham and others were in like sort assigned Pa [...]. 36 E. 3. p. 1. m. 15. in d [...]so. for all the Banks &c. betwixt the Chapel of S. Katehrine in Middle­sex, and the Town of Est-Tilbury in Essex. So also the next year following, were Pa [...]. 36 E. 3. p. 1. m. 15. in d [...]so. Thomas Morisse, Thomas Frowyk, and George Fanillore, for those banks &c. in the Marshes of Stebenhithe, Brambeleye and Redclyve, and els­where within the Lordship of the Bi­shop of London, upon the verge of the Thames. And in 38 E. 3. Thomas Morice, Thomas Frowyk, and Iohn Brikcles­worth, for those in Stebenhithe and Brambeley, from the Tower of Lon­don, to the River of Leye.

In 41 E. 3. Iohn de Bampton, Iohn de Sudbury and Thomas Brette were consti­tuted Pat. 41 E. 3. p. 1. m. 28. in dorso. Commissioners for the view and repair of the banks &c. betwixt the be­fore-specified Chapel of S. Katherine and Berkynflete in Essex; and to do all things therein according to the Law and Custome of this Realm. In 43 E. 3. Thomas de Lodelowe, Will. Halden, Iohn Sundbie, and Iohn Chertsey had Pat. 43 E. 3. [...]. 1. m. 33. in dorso. the like, for all those, aswell upon the coast of the River of Leye, as of Thames, which were in the parish of Stebenhithe. So likewise, the same year, had Pat. 43 [...]. 3. p. 2. m. 33. Solomon Wauter and Nich Cartere, for those in the said parish, upon the River of Thames only; with power to take so many Car­penters [...] and other Labourers as should be necessary for the work, upon compe­tent wages.

In 1 R. 2. Iohn Bampton, Will. Rykhill, Thomas Aspale, and Thomas Mylende had the like Commission Pat 1 R. 2. p. 1. m. 25. in dorso. for those betwixt Blakewale, and the before-mentioned Hospital of S. Katherine. In 4 R. 2. Will. Cheyne, Helmingus Leget, Will. Rykhill, [Page 72] and Will Cressewyke, for Pat. 4 R. 2. p. 1. m. 17. in dorso. those upon the River of Lye, betwixt Stebenhythe and Bramle.

In 6. R. 2. the Prior of the Hospital of S. Iohns of Ierusalem, being questioned Plac. coram R [...]ge term. Mich. 6 R. 2. rot. 206 Mid [...]. for the not clensing of a Ditch neer Mileford, for an hundred perches; and could not deny, but that he ought to do it; and therefore the Shireeve of Mid­dlesex was appointed to compell him by distresse for the performance thereof at his own proper chardges. In the same year Will. Cheyne, Will. Rykhill, Iohn Shorediche and Will Cressewyke were Pat 6 R. 2. p. 1. m. 9. in dorso. ap­pointed to view and repair the banks up­on the River of Lye, betwixt Steben­hethe and Bramle.

In 19 R. 2. Will Rykhill, Will. Skrene, Thomas Cherleton, Iohn Shoredyche senior, and Iohn Ongham had Pat. 19 R. 2. p. 1. m. 5. in dorso. the like appoint­ment for those betwixt the Town of Stratford atte Bowe and the Tower of London, and to perform all things therein, according to the Law and Cu­stome of this Realm. So also in 22 R. 2. had Will. Thirnyng, Will. Rykhill, Iohn Co­kaine, Thomas Charleton, Iohn Shoredyche, senior, and Iohn Ongham (the Shireeve of Middlesex being associated to them) for Pat. 22 R. 2. p. 1. m. 2. in dorso. the view and repair of those banks &c. in Stebenhithe marsh; and to pro­ceed therein as aforesaid.

Which Commission was renewed Pat. 1 H. 4. p. 4. m. 3. in dorso. in 1 H. 4. to all the parties before men­tioned, excepti [...]g Iohn Cokayn. In 5 H. 4. Iohn Cokain, Will. Skrene, Thomas Tylde­slegh, Robert Rykedon, and Iohn Hogham, with the said Shireeve of Middlesex had Pat. 5 H. 4. p. 1. m. 29. in dorso. the like. And in Pat. 9. H. 4. p. 2. m. 21. in dorso. 9 H. 4. Will. Cheyne, Iohn Selman, Iohn Profyt, and Iohn Hog­ham: and to act therein according to the antient Law and Custome of this Realm.

In 8 H 6. Henry Somer, Robert Framp­ton, Iohn Thwaytes, Walter Grene, and A­lexander Anne were assigned Pat. 8 H. 6. p. 2. m. 20. in dorso. in like sort, for the banks &c. in the Marshes of Ste­benhithe, and Walmershe; and to make Statutes and Ordinances, for the defence thereof, according to the Laws and Customes of Romeney marsh: as al­so to imprest so many Labourers for that imployment, upon competent salaries, as they should see necessary, in respect of the imminent danger, by the breaches in those banks, which required their speedy repair.

In 26 H. 6. Iohn Fortescu, chief Justice of the common Pleas, Robert Wellys Ab­bot of Graces neer the Tower of Lon­don, Iohn Fyloll, Thomas Burgoygne, Iohn Wylton, Walter Grene, Iohn Harpour, Ro­bert Tanfield, Edmund Plofeld, Iohn Eton, and Thomas Croxton had the like Com­mission Pat. 26 H. 6. p. 2. m. 23. in dorso. for the banks &c. betwixt the Mill of S. Katherines neer the Tower of London, to the Chapel of S. Marie Mat­felon; thence to the Church of S. Dun­stans in Stepenhithe; thence to the Church of S. Leonard in Bremley; thence to the River of Leye; thence to the Thames, and thence to the said Mill: and to make Laws &c. according to the Laws and Ordinances of Rome­ney marsh: as also to imprest Labour­ers &c. as abovesaid.

Upon an inquisition Esc. 27 H. 6.22. [...]. penult. Midd. taken in 27 H. 6. the Jurors presented, that by the violence of the tides upon the banks of Steben­hithe marsh, a great part of the said banks, adjoyning to that marsh, was then ruinous and broken through the neglect of the Land-holders there: And that through the default of one Iohn Harpour Gentleman, in not repairing his bank, opposite to Depford strond, there was, on the Monday, being the Feast of the Annunciation of the blessed Virgin, in the 26 year of the reign of the said King H. 6. a breach made in the said bank of the before-specified Iohn Harpour, for the length of xx Rods, unto the land of Iohn Fyloll, in so much as a thousand Acres of land, lying within the said marsh, were drowned. And that he the said Iohn, and all those whose estate he then had, were obliged, in respect of their land ad­joyning to the said bank, to take care of it's amendment.

In 34 H. 6. Sir Iohn Fortescu Knight, then chief Justice of the Kings bench, Iohn Fylolle, Thomas Burgoyne, Walter Grene, Iohn Harpour, Robert Tanfeld, Will. Chad­worth, Thomas Cornwalys, and Thomas Croxton, were appointed Pat. 34. H 6. pa [...]te unicâ, m. 23. in dor­so. Commissio­ners for the view and repair of the banks &c. lying betwixt S. Katherines Mill, be­fore mentioned, unto the Chapel called S. Marie Matfelone; thence to the Church of S. Dunstans in Stepenhithe; thence to the Church of S. Leonard in Brem­ley; thence to the River of Leye; thence to the Thames, and so to the said Mill: And to make Laws and Or­dinances [Page 73] according to those of Rome­ney marsh.

The like Pat. 7 E. 4. p. 1. m. 16. in dorso. Commission in 7 E. 4. had Thomas Abbot of Graces, neer the Tower of London, Thomas Ur­swyk, Thomas Frowyk Esquire, and o­thers.

In 14 E. 4. Sir Thomas Urswyke Knight, Iohn Elryngtone, Thomas Frowyk, Will. Es­sex, and others, were assigned Pat. 14 E. 4 p. 1. m. 20. in dorso. to view and take order for the repair of all those banks &c. lying betwixt the Tower of London, and the Town of Stratford atte Bowe; and to proceed therein, by making Laws &c. and otherwise, accor­ding to the Laws and Customes of Romeney marsh. In 20 E. 4. Tho­mas Bishop of London, Edmund Abbot of Graces, Will. Wirsley Dean of Pauls, Sir Iohn Elryngton, and Sir Thomas Frowyk Knights, Richard Gardener, and others, had Pat. 20. E. 4. p. 1. m. 8 in dorso. the like assignation for those be­twixt the Town of Lymeostez, and the wall, called Black Wall. So Ibid. also, in the same year, had the said Thomas, Edmund, and William, together with Henry Sharpe Dean of the free Chapel of S. Stephan within the Kings Palace at Westminster, Iohn Harding Master of the Hospital of S. Thomas of Acon in the City of London, Sir Iohn Elryngton Knight, Sir Thomas Frowyk Knight, Richard Gardner and others, for all the banks upon the River of Thames and Leye, betwixt the metes and bounds of the City of London, and the bridge of Stratford atte Bowe, on the North and West side of those Rivers, and the Road-way which lyeth betwixt White Chapell parish, and the Town of Stratford atte Bowe before-speci­fied.

CAP. XVI. Marshes in the Suburbs of LONDON.

AND that some places in the very Suburbs of the City of London it self, have o­riginally been Fenny and Moorish, though now (by no small in­dustry and cost) equalling the chiefest; which were naturally otherwise, is ap­parent from undoubted testimony; Fitz Stephan (who lived above five hundred years since) speaking of that place now called Stow's sur­vey of Lond. p. 707. b. Moore Fields, saying thus; Cum est congelata palus illa magna, quae moenia urbis Aquilonalis alluit, exeunt lusum super glaciem densae juvenum turmae. &c. When the great Fen, which watereth the walls on the North side of the City, is frozen, multi­tudes of young people go to play upon the Ice. Some, taking a little room to run, do set their feet a good distance, and glide a great way. Others sit upon thick pieces of Ice, as big as Mill-stones, and being drawn by ma­ny, who hold hand in hand, when the foot of one slippeth, they all tumble down together. But others more expert in sporting thereon, fix bones under their heeles; and taking a Pike-staff, do shove themselves forward with so much force, that they glide with no lesse swiftnesse, than a Bird flyeth, or an Arrow passeth out of a Bow.

This Fen, saith Ibid. p. 47 [...]. a. Stow, stretching from the wall of the City, betwixt Bishops-gate and the Posterne, called Cripple-gate, to Finsbury and to Holy-well, continued a waste, and an unprofitable ground a long time, so that the same was all letten for four Marks the year, in the reign of King Edward the second: But in the year MCCCCxv. 3 H. 5. Thomas Fawconer, Maior, caused the wall to be broken towards the Moor, and builded the Postern, called Moore gate, for ease of the Citizens, to walk that way upon Causeys, to Iseld [...]n and Hoxton. More­over, he caused the Ditches of the City, and other the Ditches, from Shores­ditch to Deepe Ditch, by Bethlem in­to the Moore ditch, to be newly cast and [Page 74] clensed; by means whereof the said Fen or Moor, was greatly drained and dryed.

And in the year MDxij. Roger Atch­ley, Maior, caused divers Dikes to be cast, and made, to drain the waters of the said Moore fields, with bridges arched over them; and the grounds a­bout to be levelled; whereby the said field was made somwhat more commo­dious; but yet it stood ful of noysome wa­ters. Whereupon, in the year MDxxvij. Sir Thomas Seymour, Maior, caused divers Sluces to be made, to convey the said waters over the Town ditch, into the course of Walbrooke, and so into the Thames: and by these degrees was this Fen or Moore, at length made main and hard ground, which before, being overgrown with Flaggs, Sedges and Ru­shes, served to no use.

Nor was the ground in Fleetstreete, and thereabouts, long since, much better than a Marish; for the same Author Ibid. p. 436 a. saith, that in the year MDXCv. he ob­served; that when the Labourers had broken up the pavement against Chan­cery lane end, up towards S. Dunstan's Church, and had digged four foot deep, they found another pavement of hard stone, more sufficient than the first, and therefore harder to be broken; under which were in the made-ground, piles of Timber, driven very thick, and al­most close together, the same being as black as cole, and many of them rotten.

And now to manifest, that not only the Law, but the usual practice is, where disobedience or neglect hath been found in those as be chardgable with the maintenance of any Banks or Sewers, made for the common defence of such Marshes as are in danger of surround­ing; that coercion is to be exercised for the performance thereof; I shall here exhibit the testimony of a Decree Ex bund De­cretorum in officio nuncu­pato the Petti­ [...]ag., made in a Session of Sewers, held at Il­ford in Essex 19^o Aprilis, A^o 1639. which reciting an Ordinance made in the like Session, at Ilford before-speci­fied, for raising the summ of seventeen hundred and six pounds, for repairing a breach in the Banks or Marsh-wall of Bromley marsh, in this County, where­by ninety four Acres of land were sur­rounded; and the neglect of certain persons, therein named, to pay their pro­portion thereof, which were assessed upon them; a Lease, for xli years was made of several parcels of ground, be­longing to those so neglecting, unto o­thers, at the Rent of one pepper corn yearly.

CAP. XVII.

HAving now done with the Marshes in Middlesex, Essex. I come to those in Essex, which Counties are divided by the River of Lye, antient­ly called Luye.

Of this River it is memorable, H. Hunt. hist. l. 5. f. 201. b. n. 10. that the Danes in the year of Christ 894. and 23 of King Alfred's reign, sayled up it with their Ships, and built a Castle on the Bank thereof, about xx miles from London. Neer which, the Londoners gi­ving them battail, and having the better of the day, put them to flight; so that they were constrained to flye to that Hold: whereof the King having notice, he caused this River to be cut into three branches, to the end that they might not get their ships back: who discerning what was done, left them and fled to­wards Severne. That which is here called a Castle, is supposed to be some Fort, made at or neer Hartford, situate upon the Bank of this River: for, before the tides were kept back at Stratford Bowe, by a large Sasse there made, to keep the levell above it from drowning; no question but that they flowed above Ware, and brought up small Vessels neer to Hartford; there being, betwixt Ware and Hartford a Hill, which to this day beareth the name of Shipman's Hill, and a tradition of the Country peo­ple, that ships did, in antient time, lye at Anchor in that Valley.

The first mention wherewith I have met, concerning the Marshes of Essex, is Plac. temp. ince [...]i Regis Ioh. Essex. in King Iohn's time, Roger de Cramma­vill being then attached to shew cause, why he did not stand to the determina­tion made in the said King's Court, by a Fine, betwixt himself and the Prior of S. Iohns of Ierusalem, touching the Banks, Gutters, and Ditches to be made in Renham marsh: at which time the [Page 75] said Prior produced the before-mentio­ned Fine so made betwixt them; which testified; that the said Roger did then a­gree, that he and his heirs would make and repair those Banks &c. according to the proportion of his Land in that Marsh, so that every Acre, which the said Roger did possess, should be taxed as those that belonged to the Prior. And the said Roger came and acknowleged the agreement; and justified, that he had fully made those Banks according to what belong'd to his Tenement; and thereupon put himself upon the view of those who knew the Laws of the Marsh.

Upon complaint Pat. 8 E. 1. made to the King in 8 E. 1. by the Abbot of Stratford; that, whereas he did use, yearly, to repair the Banks and Ditches of the Marshes of West-Hamme, as often as need requi­red, for the preservation of his Lands and the Lands of his neighbours, lying within those Marshes, againts the over-flowings of the Rivers of Thames and Luye: and that his said neighbours did neglect to do the like, for what belong'd to them; the said King directed his Precept [...] m. 13. to the Shireeve of Essex, com­manding him to distrain all those that were faulty therein, to the end that the said Abbot might have contribution in that behalf.

In 15 E. 1. Iohn de Lovetot and Will. de Lamburne had Pat. 15 E. 1. m. 6. Commission to view and repair the Banks and Ditches, in this County, upon the side of Thames and parts adjacent, then in decay; and to enquire through whose default they be­came so ruinous.

In 20 E. 1. the Abbot of Stratford made a new complaint Pat. 20 E. 1. m. 22 in dorso. to the King, in the like manner as abovesaid. Where­upon the said King required the Shireeve to distrain all those who were obliged to such repair of their Banks and Ditches, and had not accordingly done their du­ty therein: as also those who did re­fuse to contribute to the said Abbot, according unto their due proporti­ons.

In 31 E. 1. Walter le Baud, Richard de Perneford, and Iohn de Dovor were as­signed Pat. 31 E. 1. m. 31. in dorso. to view and repair the Banks, Ditches &c. in this County, and those at Wolwyche, in Kent. The like Com­mission Pat. 34 E. 1. m 36. in dor­so. had Iohn le Bretun and Will. de Wauton, in 34 E. 1. for those in Essex, only.

Several other of the same kind (for this County only) were in King Edward the second's time; viz. to Pat. 3 E. 2. m. 26. in d [...] ­so. H. Spigurnell, Iohn de Dovor, and Iohn de Malegraffe in 3 E. 2. To Pat. 6 E. 2. p. 1. m. 15. in dorso. Walter le Baud, Will. Fitz Robert and Iohn de Norton in 6 E. 2. To Pat. 7 E. 2. p. 1. m. 9. in do [...]s [...]. the same William, Henry Gernet, and Thomas Dakenham in 7 E. 2. To Pat. 8. E. 2. p. 1. m. 13. in do [...]s [...]. Will. de Hanyngfeld, Iohn le Burser and Thomas de Ultyng in 8 E. 2. To Pat. 9 E. 2. p. [...]. m. 9. in dorso. Nich. Frem­baud, Henry Gernet, Iohn de Davor, and Richard Bastard, in 9 E. 2.

In 14 E. 2. Henry Grene, Iohn de Do­vere and Thomas de Chene had the like Pat. 14 E. 2. p. 2 m. 9. in dorso. Commission, for the view and repair of the Banks &c. at Renham, Bening­ton, and Alvitheley.

In 17 E. 2. Iohn de Doure, Robert de Ashele and Nich. de Scotford the Pat. 17. E. 2. p. 2. m. 25. in dorso. like for all the Marshes, upon the Thames, in this County. So also had Pat. 17 E. 2. p. 1. m. 19. in dorso. the said Iohn, Iohn de Wydefeld and Walter de Heg­ham, for the Banks &c. betwixt Stret­ford atte Bough, and Est-Tilbury, and the parts adjacent.

In 18 E. 2. Iohn Boteler, and Iohn de la Hay were appointed [...]t. 18 E. 2. p. 2. m. 18. i [...] do [...]so. to view a certain Causey betwixt Maldon and Hebrugg; under which, through an arch, the fresh waters had used to run into the Sea; which waters were then stopt: And likewise Pat. 18 E. 2. p. 2. m. 12. in dorso. to view and repair the Banks &c. in the Marshes of Esthamme in Essex, and Wolwiche in Kent.

So also in 5 E. 3. had Pat. 5 E. 3. p. 2. m. 16. in do [...]so. Robert de Roch­ford, and Will. de Stanford for all the Banks &c. within the Hundreds of Den­sey and Rochford.

In 10 E. 3. Henry Gernet and his fel­low Justices, assigned for the view and repair of the Banks &c. on the Coast of Thames, in this County, sate at West Hamme on Wednesday, being the Feast of S. Edmund the King; where the Pri­oresse of Stratford made complaint Ex bund. de Brev. & Recor. Wallias &c. tang [...]ntibus 10 E. 3. [...]. 4. Et. Pa [...]. 13 E 3. p. 1. n. 7 before them, that Will. de Masun, Bay­liff of the Marsh of Westhamme, had distrained her for C ^s. for the repair of a certain Bank, called the Prior's Wall: for she said, that she neither had nor held any land nor ground in the said marsh, for the which any wall ought by her to be repaired; and therefore re­quired judgement. But she said, that [Page 76] one Iohn de Covele, long ago, viz. in the time of King Henry the third, held in the said Marsh, as of the fee of Munt­fichet (which then belonged to Sir Iohn de Handlo) fifty acres of land, together with the said Bank, then called Coveles Wall, and a certain piece of Pasture, called the Hope, lying neer the said Bank, without the precinct of the said Marsh, viz. between the same Bank and the course of the River of Thames: which land, together with the said Bank of Hope, were before that time, ever assessed together, for the repair of that Bank, whensoever it stood in need. And the said Iohn de Couele, being so seized, aliened the said Bank and Hope, to Ro­bert le Ku, to hold to him and his heirs, for the repairing and maintaining of the said Bank, for ever; the said Hope then being sufficient for the Pasturage of six Kine, as it was reported.

And afterwards the said Iohn de Couele, long before the Statute, entituled Quia emptores terrarum, sold the said Land by parcells to divers Tenants, to hold to them and their heirs, of him the said Iohn and his heirs, for a certain yearly Rent and sute of Court to be thereupon per­formed: And afterwards the said Iohn did wholly sell from himself and his heirs, all the demesn of the before-spe­cified Tenements, together with the whole Rent and service, which he had wont to receive of his said Ten­nants, unto one Simon de Passelewe: and the said Simon sold them to one Cecelie de Lancaster: And she the said Cecelie granted the said whole Lordship, toge­ther with the Rents and services before mentioned to the Church of S. Leonard of Stratford, and to the Nunns there serving God; to hold in pure Alms: And so the said Prioresse then had and possess [...]d the said Lordship, together with the Rent and service aforesaid.

And she farther alleged, that the said Robert le Ku, whilst he lived and held those Lands and Hope, alway repaired that Bank. And after his decease, the said Bank and Hope, descended to Ioane his daughter and heir, who was wedded to one Will. de Rokesle; in whose time all the said Hope, by a great inundation of the Thames, was wholly destroyed and drowned. And the said William then considering, that the chardge of re­pairing of that Bank, would much ex­ceed the profit of the said Tenement, wholly relinquisht all that Tenement, and would not meddle any more with the said Bank; and so the said Bank lyes unrepaired. And she alleged more­over, that the said Prioresse only recei­ved of her Tenants of those lands in that Marsh, of the said Fee of Covele, a cer­tain Rent of xiiij ^s. over and above the service due and accustomed to the said Iohn de Handlo, then chief Lord of that Fee: and that she was ready, according to the quantity of that Rent, to contri­bute to the repair of that bank: and ther­fore required justice to be done to her in the premisses.

And hereupon came the Abbot of Stratford, by his Bayliff, as also Iohn de Brumpton and Thomas le Bret in their pro­per persons; and as Tenants of the lands in the said Marsh, lying within the dan­ger of the same bank, alleged, that the said Prioresse did unjustly prosecute that Writ, forasmuch as she thereby endea­voured to excuse her self from the repair of the same Bank; and to lay the bur­then thereof upon the said Abbot and others. They also alleg'd, that the said Prioresse, and all her Predecessors, from the time that the said Lordship of the Fee of Covele came to their hands, did use, till that very time, to make and repair the said Bank; and that as of­ten as they refused so to do, they were ever thereto compelled; and this, they said, they were ready to prove, whereup­on they required judgement.

And the said Prioresse, saying as she did before, added, that forasmuch as she had been thus disquieted and molest­ed, by grievous and intolerable distresses, she then did complain and brought her action; and as before she did, so she still required remedy, acccording to the Pre­cept of the said King.

Whereupon the said Justices, having heard her complaint in this businesse, and having respect to the said Kings Precept, were willing to enquire and be informed touching the premisses; and therfore yielded that an Inquision should be taken; which was accordingly done by the said Iohn de Dakenham and his fel­low Jurors: who said, upon their Oaths, that there had been time out of mind, and then were certain Lordships in the [Page 77] Town of Westhamme; viz. the Lord­ship of Handlo, the Lordship of Lanca­stre, the Lordship of Placetz, and the Lordship of the Prioresse of Stratford; and that antiently all the Lords of those Lordships met together, and agreed a­mongst themselves, that each Lord should have a certain part of the Bank of Thames belonging to his Lordship. And they said, that to the Lordship of the said Prioresse, there was assigned a certain parcell of that Bank, now called Priores-Wall; and that the said Prio­resse was obliged to make and repair the same Bank, at her own proper chardges, in such sort as the other Lords before-specified are theirs. And they said farther, that the defects then in that Bank might be made good for Cs.

And the said Prioresse, having heard the verdict of the said Jurors, alleged, that they had not in any thing made an­swer to what they had in chardge: Whereupon she required, that they might make a further answer. And therefore because the said Justices were not satisfied, that the above-mentioned verdict was sufficient for them to ground any judgement upon, by the tenor of their Commission, they appointed that the said Jurors should appear before them again, and have a new chardge for a better enquiry.

Whereupon they the said Jurors, to­gether with Nicholas le Forestere, Richard le Saltere &c. also sworn and associated with them, came, and said upon their Oaths, that the said Iohn de Covele, long ago, viz. in the time of King Henry the third, held xliij Acres and a half, of Land, in the marsh of West Hamme, together with the said Bank, now called Prioreswall, which was then called Coueles-wall; as also with a Hope ad­joyning: which Land and Hope were then wholly chardged with the making and repair of the said Bank. And that afterwards the said Iohn, long before the Statute of Quia emptores terraram &c. be­ing so seized, demised all the said Land, particularly, to divers Tenants, to be held of him the said Iohn and his heirs, by certain services, to be performed to him and his heirs for ever; and that then he reserved to himself, the said Bank and Hope, together with the chardges of the same Bank; and that he afterwards dimised the said Bank and Hope, to one Robert de Ku, to hold for ever, because that the said Hope did then afford Pa­sturage for ten Kine yearly in Summer time. And that afterwards the said Iohn did totally alienate all those his ser­vices, together with all his Fee and Lordship of all his Tenants and their Te­nements, unto one Simon de Passelewe: And that afterwards, by divers alienati­ons, so made from hand to hand, the same services, with the whole Fee and Lordship aforesaid, came to the hands of the said Prioresse, who did then en­joy the said services, and so likewise the said Fee, and service of all that Land.

And they farther said, that the before-specified Robert le Ku, whilst he held the said Banks and Hope, did undergo the chardge of the said Bank, all his time, as aforesaid: And that after his decease, the said Bank and Hope, came to the hands of one William de Rokeslee, and Ioane his wife, daughter and heir of the said Robert: in whose time, by reason of an extraordinary floud of the Thames, it was much spoiled and almost drown­ed: so that the said William and Ioane, considering the chardge of the Bank to be great, and that they should not for the future receive any more benefit of the said Hope, forasmuch as there was little of it left, they wholly relinquished the said Bank, and rendred it into the hands of the same Prioresse, then Lady of that Fee, as aforesaid.

And hereupon the said Jurors being asked, whether any part of the Hope did then remain, or not, they answered that there did not. And being farther asked who were then the Tenants of the said Lands, which had so belonged former­ly unto the said Iohn de Covele; and they said, that Iohn de Brumpton held xiij Acres thereof, Walter le Rooke two Acres &c. And being asked if the said Prio­resse held any part of the said Marsh in demesne, or not; they answered that she did not; excepting a certain Rent of xiiij ^s. which she received of her said Te­nants in the same Marsh, over and above the service due and accustomed unto Sir Iohn de Handlo chief Lord of the Fee.

And because it was found by the said Jurors, that at such time as the said Iohn de Covele held those Tenements in that [Page 78] Marsh, he then held them wholly chardged with the repair of the said bank &c. And that though by the alienation, which he made of the same Bank, toge­ther with the said Hope, he only chardg­ed them with the repair of the said Bank as aforesaid; by reason whereof, foras­much as the said Hope was then gone, the same Bank lay so unrepaired, and be­came dangerous; of necessity and accor­ding to the assize of the said Marsh, re­course ought to be, to all the said Tene­ments, formerly and of antient time, as aforesaid, chardged therewith; and to lay a new chardge upon them for that repair: therefore it was decreed, that all the said Tenements, which former­ly did belong to the said Iohn de Covele, within that Marsh, to whose hands so­ever they had come, should be retained and chardged, for the future, to the ma­king, repairing, and maintaining there­of. And, that all and singular the Te­nants of the said Lands, for the time being; as also all others who were to have any benefit of them, should be as­sessed for the repair of whatsoever de­fects should afterwards happen in the said Bank, as often as need required; viz. every Tenant or person receiving such benefit, according to the proporti­on of his holding, for ever: And that the said Prioresse should not thence­forth be distrained and compelled to any repair thereof, or contribution thereto, above the rate of her due proportion of what she held.

And that these, and all other the Banks in this County, might be the bet­ter preserved for the future, several Com­missions were frequently issued out to sundry persons of note in these parts; viz. in 12 E. 3. to Pat. 12 E. 3. p. 3. m. 16. Iohn de Brianzon, Henry Gernet, Humfrey de Northwode, Benedict de Ditton, Will. de Tendring, and Richard de Henham. In 15 E. 3. to Pat. 15 E. 3. p. 1. m. 22. in dorso. Will. de Wauton, Henry Garnet, Henry Darcy, Will. de Treye, Benedict de Ditton, and William de Tendring. In 19 E. 3. to Pat. 19 E. 3. p. 1. m. 27. in dorso. Richard de Kelleshull, Henry D'arcy, Will. de Tey, and Benedict de Ditton; and in 24 E. 3. to Pat. 24 E. 3. p. 3. m. 15. in dorso. Richard de Kelleshull, Thomas Tirell, Iohn de Bergholt, and Iohn Samkyn of Ber­kyng.

In 26 E. 3. upon a sute Plac. in term. Pasch. 26 E. 3. ot. 12. Esse [...]. touching the clensing of the River betwixt Haveryng and Reynham, the Jurors found, that the Prior of S. Iohns of Jerusalem ought to do one half thereof, which was then choakt up, to the midst of the stream, towards the Land of the said Prior, in Reynham, only: And that e­very Tenant on that side towards Have­ryng, should do the like for that towards their own Land.

In 27 E. 3. Iohn de Staunton, Henry Darcy, Thomas Yonge, Iohn de Rokewode, William de Rokeswelle, Will. de Horneby and Iohn de Tendring were appointed Pat. 27 E. 3. p. 1. m. 3. in dorso. to view and repair the Banks &c. be­twixt Berking and Est-Tilbury. In 29 E. 3. upon several breaches in the Banks, within the Hundred of Dansey, through the violence of the tides, Iohn de Coggeshale, Iohn de Newport, Simon de Ogremount, and Iohn Gamen of Tylling­ham, were constituted Pat. 29 E. 3 p. 1. m. 19. in do [...]so. Commissioners for their repair. By which Commis­sion to take so many labourers, as should be needful for that businesse, aswell of those as had been before imployed therein, as others, born within Liber­ties and without, where they should see fit (the Fee of the Church excepted) and to settle them in the work: as also to arrest and imprison all such as they should find refractory therein, till the said King should think fit to dispose of them otherwise.

In 30 E. 3. Iohn de Haveryng, Henry Darcy, Thomas Yonge, Iohn de Rokewode, and others, were Pat. 30 E. 3. p. 1. m. 4. in dorso. assigned, in like sort, for those betwixt Berkyng and Est-Tilbury: So also in 32 E. 3. were Pat. 32 E. 3. p. 1. m. 30. in dorso. Iohn de Haveryng, Iohn de Bolyngton, and o­thers.

In this 32 year of E. 3. it was by the Jurors at Stratford-Langthorne, Inter Brevia & Recorda de Walliis & fos­satis &c. de an. 32 E. 3. p. 1. pre­sented; that the Tenants of Haveryng had suffered the Chanel betwixt the said Lordship of Haveryng, and the Lordship of Reynham, to be so stop­ped up, as that the stream, which ought to passe that way, was so much hindred thereby, that it almost drowned the Pa­stures of the Commonalty of Have­ring, lying neer that Chanell, to the great damage of the said Commonal­ty: which Chanel every Tenant, on Havering side, ought to clense, towards his own Land: The Shireeve therefore was commanded to summon the said men of Haveryng to answer thereto. Who appeared accordingly in the Kings [Page 79] bench at Westminster, on the Octaves of S. Hillarie; viz. the master of the House of Hornchirche, Iohn atte D [...]une &c. And being required to say what they could for themselves, why each of them ought not to repair and scour the said Chanel, on Haveryng side, to­wards their own Land, as it was pre­sented; the said Master, and the rest said; that neither they, nor any of their Predecessors, or Ancestors, Tenants of the lands aforesaid, did ever scour or repair the same, nor of right ought so to do; and thereof they did put them­relves for tryall, upon the Country. And Simon de Kegworth, then the Kings Attor­ney, said; that they the said men and Tenants ought to repair and clense the same Chanel, as it was before presen­ted; and this he offered to prove on the said King's behalf, by the Country. Whereunto the said Tenants assenting, the Jurors were brought; and upon their Oaths, said; that the said Master and others ought of right to repair and clense the said Chanel, towards Haveryng, against their own land, as it was before presented: Therefore it was adjudg­ed, that they should be distrained so to do &c.

After this about two years, the like Presentment Plac. coram Rege term. Trin. 34 E. 3. rot. 20. Essex. was made against the Pri­or of the Hospital of S. Iohn of Ierusa­lem, and Sir Iohn de Staunton Knight, viz. that they had injuriously suffered the said River betwixt Haveryng and Reyn­ham to be choakt up, so that the course of the water, which had wont to passe through that Chanel, did by the said obstruction, drown the Pastures of the Commonalty of Haveryng, which lay neer the same River. Which Iohn be­ing dead after that presentment so made; it was decreed, that his heirs should be distrained. But it being proved, that his wife then held those his Lands, and that she gainsaid not, but that she was rea­dy to clense the one moytie of the said Chanel, to the mid stream, on her own side; and likewise that the Tenants of Havering ought to clense the other moytie, on their side, the said Prior was dismist.

In 36 E. 3. Sir Iohn de Haveryng Knight, Iohn de Cavendishe, Iohn de Gildesburgh, and others, were made Pat. 36 E. 3. p. 1. m. 33. in dorso. Commissioners for the repair of the B [...]nks &c. betwixt Berking and E [...]t-Tilbury; with direction to proceed therein according to the Laws and Cu­stomes of this Realm. The next year following,☜ Sir Will. de Wa [...]ton Knight, Thomas Torell, and Thomas Belhouse had Pat. 37. E 3. p. 1. m. 46. in dorso. the like Commission, for the Banks at West-Thurrok. So also in 43 E. 3. had Pat. 43 E. 3 [...]. 2. m. 19. in dorso. Thomas de Lodelowe, Hugh de Ba­dewe, Thomas Yonge, Iohn A [...]brey and Will. Naffe [...]ton for those at Est-Hamme West Hamme & Berkyng. The like Pat. 44 E. 3. p. 1. m. 33. [...] do [...]so. in 44 E. 3. had S^r Hen. de Grey of Codnore Knight, Sir Rob. de Marny Knight, Iohn de Goldes­burgh, and others, for those upon the water of Markediche; and others, upon the coast of Thames, betwixt Berkyng and Est-Tyllebury aforesaid.

Other Commissions in the same Kings time, were these; viz. Pat. 48 E. 3. p. 1. m. 30. in dorso. in 48 E. 3. to Robert Bealknap, Iohn de Bampton, and o­thers, for the Banks between Stratford atte Bowe and Est-Tilbury.

In 49 E. 3. to Pat. 49 E. 3. p. 1. [...]. 10. in dorso. Sir Hugh de Badewe Knight, Sir Iohn de Sutton Knight, Sir Raphe de Poley Knight, and others, for those in Bradwell. As also to Ib [...]d. m. 9. in dorso. the Abbot of Stratford, Nich Carreu, Iohn Aubrey and Roger Germeyn, for those at Est-Hamme and West-Hamme; with appointment to act therein according to the Law and Custome of this Realm. And likewise to Ib. m. c. in do [...]s [...]. Nich, Carreu, Robert Bealknap, Will. Tank, and others, for those in the Marsh of the Abbesse of Berkyng. And moreover to Ibid. m. i. i [...] do [...]so. the said Nicholas, Robert Bealknap, and Robert de Teye, for several other Banks in divers Marshes within this County.

In 50 E. 3. to Pat. 50 E. 3. p. 1. m. 30. in do [...]so. the Abbot of Strat­ford, Nich. Carreu, and Will. Halden, for those from the Town of Stratford atte Bowe to Berkyng: So also to Sir Will. de Wanton Knight, Roger Mareschall, Tho­mas de Belhous, and Roger Germayn, for those at West Thurrok. In 51 E. 3. to P [...]t. 51 E. [...]. p. 1. m. 41. in do [...]so. Robert Bealknap, Thomas Maundevill, Rob. de Teyes [...] and others, for the Banks in several Marshes and places of this Coun­ty. And in 1 R. 2. to Pat. 1 R. 2. p. 1. m. 25. in dorso. the Abbot of Stratford, Nich. Carreu, Will. de Hal­den, Iohn Auberey, Iohn Bampton, William Rykhill, and Roger Gremyn, for those from Stratford a [...]te Bowe to Ber­kyng.

In 2 R. 2. Sir Henry de Grey of Wilton, Sir Albred de Vere, Sir Will. Berland, Sir [Page 80] Will. Wauton, Sir Iohn Symond, Sir Iohn Chaneeux Knights, Geffrey Darsham, Rob. Rigdon, and others, had the like Pat. 2. R. 2. p. 2. m. 32. in dorso. Com­mission for the view and repair of the Banks in sundry Marshes through this County, which were then in decay; and power to choose and take so many Car­penters, with other Artificers and La­bourers, as should be needful for that work, wheresoever they might be found in this County, aswell within Liberties as without, excepting the Fee of the Church; and excepting such as were assigned for the said King's special ser­vice; and to imploy them therein; im­prisoning such as they should find refra­ctory. The next year following Sir Will. de Wauton Knight, Iohn de Middle­ton, Roger Marescall, Roger Germayn and Iohn Stody, were Pat. 3 R. 2. p. 1. m. 44. in dorso. in like sort assigned, for those upon the coast of Thames, and the Garden of Farndon, unto the Church of West Thurrok. So also in Pat. 4 R. 2. p. 1. m. 17. in dorso. 4 R. 2. were the Abbot of Stratford, Henry Asty, and Laurence Allerthorpe, for those at Esthamme and West-Hamme.

In 8 R. 2. the Abbot of Stratford, Nich. Brembre, Maior of the City of Lon­don, Robert Bealknap, Nich. Carreu, Will. Rykehill, Richard Ryall and Roger Germyn, were Pat. 8 R. 2. p. 1. m. 39 in dorso. appointed, as aforesaid, for the view and repair of the Banks from Stratford atte Bowe to Berkyng. So also were Pat. 8 R. 2. p. 2. m. 29. in dorso. Rob. Bealknap, Will. Wauton, Iohn Guldesburgh and others, for those in the Marshes of Barking and Daken­ham; and to act therein according to the Law and Custome of the Marshes, before that time exercised in those parts. And in 15 R. 2. Iohn Radyngton Prior of the Hospital of S. Iohns of Ierusalem in England, Sir Iohn Deyncourt Knight, Will. de Horbury Clerk, Thomas Newenton, and others, had Pat. 15 R. 2. p. 1. m. 15. in dorso. the like appointment for those betwixt Reynham and Alvythe­ley; and to act as aforesaid.

But though by the great care, which the Kings of this Realm had, for the preserving of divers coasts from inunda­tion, that lay thus in danger of the tides; and the safeguard of those as had by great iudustry been won from the over­flowing of the Sea; much advantage did accrue to the Common wealth: yet such hath been the violence and irresista­ble force of that element, being agita­ted by high and boysterous winds, that notwithstanding the utmost endeavours that could be used for prevention there­of, it sometimes wasted and consumed much in other places; of which, sundry examples might be given, were it requi­site; but I shall only instance in one; viz. of the Lands and Marshes belong­ing to the Abby of S. Osithes in this Coun­ty, whereof I find Ex aut [...]gr. in bibl. Cott [...] ­nian [...]. mention in a Petiti­on exhibited unto Robert de Braybroke, Bishop of London, in the time of King Richard 2^d. and to the Dean and Chap­ter of that Church, by Sir Albred de Vere Knight, who thereby sheweth, that whereas that Monastery was situate neer the Sea coast, and had in it an Abbot and twenty Canons of the Order of S. Augu­stine, serving God there devoutly every day; and that the revenues thereof were, through various mishaps, without their default, so diminished, that a great part of their sustenance was abated; viz. in Southflete C Acres of their arable land, by the overflowing of the Sea, to­tally drowned: As also there and at their Beckarie of Coketwyk, in one Pa­sture, wherein at sometimes a C Kine and a thousand Ew-sheep might be kept, through the breach of the banks', and in­undation thereof, then scarce Lxx Kine and eight hundred Ewes could be main­tained. And moreover, that two Mar­shes, called Wyggebergh mers, and Holewyke mersh, in which six hundred Muttons might be yearly kept, were then through the continual tides dayly over­flown, that scarce four hundred could be maintained. And that the Water-Mill situate in the Town of S. Osiths, and belonging to that Abby, which had been worth xxl. was by the Sea-tides so spoil­ed that it could not be repaired under an hundred pound chardge. And lastly, that the Marsh walls in that Town, in length three miles, which included a Pasture for Lxx Kine, and a thousand Muttons and Ewes, were so torn and broken at that time, that for the preser­ving of the same, there must be other banks made anew, and those old ones quitted; so that a great proportion of the said Pasturage being for that respect to be left out, scarce fifty Kine and six hundred sheep could be there maintain­ed: In consideration therefore of these losses, he petitioned that the Church [Page 81] of Elmestede might be appropriated to that religious House.

Very many Commissions have I af­terwards also seen, for the view and re­pair of the Banks &c. in this County; which I shall here only in a brief man­ner point at; viz. in 9 H. 4. to Pat. 9. H. 4. p. 2. m. 21. in dorso. Will. Gascoigne, Will. Thirnyng, Iohn Cokayn and Robert Tirwhit, for those betwixt Strat­ford atte Bowe and Reynham. In 8 H. 5. to Pat. 8 H. 5. p. 1. m. 7. in dorso. Richard Baynard, Will. Cheyne, Richard Rede and Iohn Cornewailles, for those betwixt Stretford atte Bowe and Stretford Langthorn, on the South part the Road between those Towns, and the River of Thames: By both which Commissions they were to act ac­cording to the Law and Custome of this Realm.

In 17 H. 6. to Pat. 17 H. 6. p. 1. m. 29. in dorso. Iohn Bishop of Bathe and Welles, Sir Raphe Crumwell Knight, Iohn Fraye, Nich. Dykson and others, for those from Stratford atte Bowe to Horndone; thence to Hokley; and thence to Tolles [...]ery and Wybergh; with power to make Laws and Statutes &c. according to those of Romeney marsh; and to do all things touching the same repairs, according to the Law and Custome of that Marsh: As also to imprest so many labourers &c. for com­petent wages, as should be needful for that work &c.

In 18 H. 6. to Pat. 18 H. 6. p. 3. m. 5. in dorso. Sir Raphe Crumwell Knight, Iohn Fray, Robert Rollestone Cl [...]rk, and others, for all those betwixt the town of Ware and the River of Thames, upon the River of Leye.

In 26 H. 6. to Pat. 26 H. 6. p. 2. m. 23. in dorso. Peter Arden one of the Justices of the Common Pleas, and chief Baron of the Exchequer, Sir Tho­mas Tyrell, and Sir Maurice Bruyn, Knights, Iohn Bamburgh, Iohn Lymyngton, and others, for those betwixt Portflete mylle to Reynham flete; thence to Reynham Church; thence to Wenyng­ton Church; thence to the messuage of Thomas Bernerde; and thence to Portflete mylle before mentioned.

In 30 H. 6. to Pat. 30 H. 6. p. 1. m. 22. in do [...]so. the Abbot of S. Osithes, Iohn Godmanston Esquire, Iohn Grene, Robert Tanfield, and others, for those in the Hundred of Tenderyng. In 33 H. 6. to Pat. 33 H. 6. p. 1. m. 17. in dorso. Sir Thomas Tyrell Knight, Will. Notyngham, Robert Heworth, Will. Tyrell Esquire, Mathew Hay Esquire, and Will. Pert, for those betwixt S. Katherines Chapel upon Bowe bridge, in the Pa­rish of West Hamme, unto Est Til­bury. In 34 H. 6. to Pat. [...]4 H. [...]. part [...] [...] ca m. 23. in dors [...]. Sir Thomas Ty­rell Knight, Will. Tyrell junior Esquire, Iohn Grene, Iohn Geney, and others, for those within the limits of Stratford atte Bowe to Horndone; thence to Hokley; and thence to Tolles [...]ery and Wyggeberghe.

In 1 E. 4. to Pat. 1 E [...] 4. p. 1. m. 11. in dorso. Will. Notyngham, Rob. de Heyworth, Thomas Heytone, Walter Wretille Esquire, and Will. Pert Esquire, for those from the Mill called Tempyl­mylle to the Chapel of S. Katherine up­on Bolwebrigge, thence to Horndone &c. as in the last. In 9 E. 4. to Pat. 9 E 4. p. 1. m. 14. in dorso. Sir Will. Tyrell Knight, Thomas Urswyk, Humfrey Sterkey, and others, for those Banks from Est Hamme to Horndone; and thence as afor [...]said. The like Commission Pa [...]. 49 H [...] 6. pa [...]t [...] unica m. 9. in dorso., for the Banks in those very places, had Iohn Earl of Oxford, Sir Will. Tyrell Knight, Iohn Grene, Thomas Urswyk and others, in 49 H. 6.

In 16 E. 4. Sir Thomas Urswyk Knight, Sir Thomas Montgomerie Knight, Sir Iohn Say Knight, Iohn Elryngton, Will. Alyng­ton, and divers others, were appointed P [...]t. 16 E [...] 4. p. 2. m. 18. in dorso. to view and take order for the repair of all the Banks &c. upon the River of Leye, both above and below the Town of Ware, unto it's confluence with the Thames. And the next year following, the said Sir Thomas Urswyk, Peter Courtney Clerk, Alured Corneburgh Esquire, Hugh Bryce, and others, were in like sort ap­pointed Pat. 17 E. [...]. p. 1. m. 4. in dorso. for those Banks from Bowe­bridge to Raynham. In all which, from 6 H. 6. the said Commissioners were di­rected to proceed according to the Law and Custome of Romeney marsh; and to make Statutes and Ordinances for the regulating of all things touching those Banks, Ditches, Sewers &c. in such sort as those are, which concern that Marsh, as by an Act of Parliament made in the same 6^th year of King Henry the sixth, they were impowred; which Act con­tinueth in force at this day.

Forbearing therefore to give instance in more particulars, I shall cloze up this Chapter, touching the Marshes of the before-specified County, with what I have met with,An 36 El [...]z. touching the levell of Havering and Dagenham, at a Ses­sion of Ex [...]uod. de Sew [...]ri in Ca­ [...]ell R [...]tu [...]o­ [...]am. n. 4. Sewers held at Romford, xvi Maii 36 Eliz. before Sir Henry Gray [Page 82] Knight, Sir Iohn Peter Knight, Richard Warren Esquire, and others; where, for the recovery of Havering marsh, then overflown and drowned, and prevent­ing the like to Dagenham levell, it was decreed; that Dagenham Creek should be immediately inned: and that where­as the said drowning had been occasio­ned by a breach in the wall of Will. Ayloff of Hornchurch Esquire, he the said Wil­liam to pay the summ of [...]ive hundred pounds, and the Land-hold [...]rs of Da­genham certain rates by the Acre, for all their marsh grounds lying in the said levell; viz. the Lands on Dagenham side, against the said Creeks at CCLxv ^l. and the Lands in Havering levell the summ of DCC ^l.

Howbeit, these Banks being not made strong enough to withstand those tem­pestuous storms and violent tides, which hapned Ex bund. De­cretorum in officio vocato the Petti-bag. in the month of September An. 1621. (viz. 19. Iac.) Cornelius Vermu­den Gentleman (an expert man in the Art of banking and drayning) being treated withall by the Commissioners of Sewers, appointed for the view and re­pair of the breaches then made, under­took Ibid. the work, and p [...]rfected it: but such being the perversnesse of those, as were owners of the Lands assessed by the Commissioners [...]o undergo the chardge thereof, that they neglected to pay their proportions thereof: upon complaint therefore made to the said Commissioners, he the said Cornelius in recompence of his chardges, had par­cell of the said Lands assigned Ibid. unto him: which assignation, was by the Kings Letters Patents, bearing date 1^o Aug. 1^o Caroli [reciting the Act of Par­liament of 13 Eliz. cap. ix. viz. that where any person should be assessed by the Commissioners of Sewers, to any lot, and re­fuse or neglect to pay the same, the Land to be leased or past in fee simple, in recompence to the undertaker] confirm'd Ibid. to him the said Cornelius and his heirs.

CAP. XVIII.

HAving now done with the Marshes in Essex, of which, by reason of their adjacency unto the Thames, I thought fit to take notice in this or­der as I have done; I must, according to my designed method, return Southward, and before I come to Sussex of it self, observe what I have found touching that County and Kent, promiscuou­sly.

In King Iohn's time, upon a sute Plac. de tem. Regis Ioh. Fragmenta sc. [B] rot. 3. be­twixt the Archbishop of Canterbury & Prior of Lewes Plantiffs; and Rob. de Den­ton, and others, concerning certain Sea-banks in those parts; Robert de Marti (who was one summoned upon that bu­sinesse) appeared; and did put him­self upon the men of the Archbishop, in Mauling, & of the Earl Warren in Pi­dingho and Metinges, for the repair of those banks, in such sort as they ought and had wont to be.

A multitude of Commissions, through the reigns of sundry Kings, I do find, up­on this occasion; whereof the most are in general terms, for the view and repair of the Banks, Ditches, and Sew [...]rs, in both those Counties; but some do ex­presse particularly in what places: un­to all which I shall briefly point accor­ding to the course of time when they is­sued out; viz.

To Pat. 27 E. 1. m. 12. in do [...]so. Robert de Setvans, William de Hastings, and William Maufe, in 27 E. 1.

To Pat. 28 E. 1. m. 25. [...]n dorso. Henry de Appletrefeld, Robert de Setvans and others, in 28 E. 1.

In 30 E. 1. to [...]at. 30. E. 1. m. 13. in do [...]so. Lu [...]as atte Gate, Robert de Setvans, Will. Maufe and William Cole­brand.

In 31 E. 1. to Pat. 31 E. 1. m. 34. in dorso. Robert Paulyn, Robert de Septem Vannis, Will. de Hastings, and Lucas atte Gate. In 32 E. 1. to Pat. 32 E. 1. m. 22. in dorso. VVill. de Echingham, Robert de Passeleye and Henry VVardeden. As also to Ib. m. 15. i [...] dorso. Iohn de Bu­ran, VVilliam Maufe and Lucas atte Gate.

In 34 E. 1. to Pat. 34 E. 1. m. 6. Iohn Malemeyns, Lucas atte Gate, and Robert Paulyn, for those Banks, Ditches &c. in the Marshes of Pychardesbroke, and Kechenhamme­broke, and elswhere in the said Coun­ties.

In 35 E. 1. to Pat. 35 E. 1. m. 14. in dorso. VVill. Pyrot, Iohn Male­meyns, Iohn de Gosehale, and Henry de Bugthorpe.

In 1 E. 2. to Pat. 1 E. 2. p. 1. m. 8. in dorso. Iohn Malemeyns, Lucas atte Gate, and Robert Paulyn, for the Banks &c. in the Marshes of Mayhamme and Losenhamme.

In 7 E. 2. to Pat. 7 E. 2. p. 1. m. 24. in do [...]s [...]. Iohn Malemeyns of Stoke, Robert de Echynghamme, and Ma­thew de Knelle, for those on both sides the River of Newendene, betwixt Ma­thew and Bodihamme bridge.

In 10 E. 2. to Pat. 10 E. 2. p. 2. m. 15. in dorso. Robert de Bardelby, and Edmund de Passele, for those in the Mar­shes betwixt the Redehulle and the Town of Roberts-Brigge, on each side the River Lymene.

In 14 E. 2. to Pat. 14 E. 2. p. 2. m. 5. in dorso. Iohn de Ifeld, Iohn Malemaynes of Hoo, and Richard de Echi [...] ­ham, for those in the Marshes betwixt the Town of Apuldre and Roberts-Brigge, on each side of the said Ri­ver of Lymene.

In 17 E. 2. to Pat. 17 E. 2. p. 1. m. 3. in dorso. Stephan de Cobham, Iohn Filoll, & VVill. de Robertsbrigge, for the same. So also to Pa [...]. 17 E. 2. p. 1 m. 3 [...]. in dorso. VVill. de Echyngham, Robert Bataill, and VVilliam de Roberts­brigge.

About the beginning of E. 3. time, it being found by an Inquisition, Pat. 6 E. 3. p. 1. m. 2 [...]. taken before VVill. Truslell, then the King's E­ [...]ca [...]tor on this side Trent, that the Cha­nel of a certain River, running betwixt the Lands of Geffrey de Knelle, and Isabell Aucher, between a certain place, called Knellesflete, in the confines of these Counties, and the Town of Roberts­brigge in Sussex, was so much enlarged, by the flowing of the Sea-tides into it, [Page 84] that six hundred and fifty acres of land, part belonging to the said Geffrey, and part to others, were thereby totally drowned and consumed: And that a certain Causey, which is the common high way lying betwixt the Land of Iohn de la Gate, in the said County of Sussex, and the bridge of Newendon; as also the said bridge, were broken and demo­lished by those tides; and moreover, that divers lands, in the said parts, would in a short time be drowned and destroy­ed, except a speedy remedy were had: And likewise, that it would not be to the damage or prejudice of the said King, or any other, if he did grant license to the said Geffrey and Isabell, and to other persons having lands contiguous to those places, to exclude the said tides; and to raise a Bank at Knellesflete aforesaid be­twixt the lands of the said Geff. & Isabell, in that place, to resist the said tides, for preservation of the lands, way, & bridge aforesaid; to the end that the antient course of that River, might be preser­ved by sufficient Gutters, placed in that Bank: And, that unlesse it were by such an exclusion of the Tides, by making of such a Bank, that the said Lands, way, and bridge could not be in safeguard. The King therefore, being careful in all respects to provide for the defence of this his Realm, as was fit; granted license to the said Geffrey and Isabell; as also to all those who were like to have advantage by that exclusion; that they should raise a certain Bank at Knellesflete before-mentioned, for that purpose; and to make sufficient Gutters therein, for the issuing out of the said fresh water; and to repair the same Banks and Sluces, be­ing so made, when and as often as ne [...]d should require.

In 10 E. 3. VVill. de Robertsbrigge, VVill. de Recolvere, Ioceline de Gatele, and Ro­bert Bataille were constituted Pat. 10 E. 3. p. 1. m. 16. in dorso. Commis­sioners to oversee the making of certain Sluces, Banks and Gutt [...]rs for the safe­guard of the lands of divers Tenants in the Towns of Wightresham, Idene, and Pesemershe; and to assesse all such as had lands in those parts, which were to take benefit thereby, for the perfor­mance of that work, according to the proportion of what they held.

About the same time, upon another Inquisition taken, it being certified, that Pat. 10 E. 3. p. 2. m. 9. in dorso. by the ebbing and flowing of the tides, into a certain stream of fresh water, run­ning betwixt the Lands of the before-specified Geffrey de Knelle, and Isabell Au­cher, between Knelleflete above-menti­oned, and the said Town of Roberts­brigge, six hundred and fifty Acres of Land, belonging to the said Geffrey and others, were drowned; the King there­upon granted the like license to the said Geffrey and Isabell, to raise a certain Bank, at Knellesflete, to restrain those Tides; as also to make Sluces, and suf­ficient Gutters, for evacuation of the said fresh water, so that the antient course thereof might be preserved. And after­wards did appoint Roger de Bavent, Roger de Hegham, Thomas de Lincolne, and Will. de Northo, to oversee the making of that Sluce, and raising of the said Bank; and [...]o ordain assessments, and to distrain all such, as by the said Inquisition should be thought needful, to contribute to the chardge of that work, according to the proportion of their holding: which Banks, Gutters, and Sluce being accor­dingly made; and the said King infor­med, that they were grown to decay, did by his Letters Ibid. Patents, bearing date at the Tower of London on the 8^th day of Ianuary, in the said tenth year of his reign, constitute Will. de Orlauston, Tho­mas de Gillingham, Stephan de Padiham, and Iohn de Betenham, to take view of them, and to provide for their re­pair.

But in 22 E. 3. there being Pat. 22 E. 3. p. 1. [...]. 11. in dorso. a Petition presented to the King, on the behalf of Iames de Echingham; and on the mor­row after the Feast of S. Hillarie, exhi­bited before the said King and his Coun­cel, in his Parliament then held at Westminster; importing, that those Lands might have been preserved, by the repair of the old Banks, on the verge of that River; and that the Bank made, by virtue of the said King's Letters Patents, before mentioned (which thwarted the said stream) was raised aswell to the da­mage of the said King, as of him the said Iames; forasmuch as thereby, such ships and Boats, which had used to passe with victual and other things, from divers places in these Counties of Kent and Sussex, unto his Mannour of Eching­ham, through this Chanel, were then hindred: as also to the destruction of [Page 85] his Market Town of Salehurst, situate upon the said River, and of his Market there, which by the course of that water had been supported; and out of which the said Iames and his Ancestors had u­sed to receive Toll and many other com­modities: the King therefore, taking the same into consideration; and that the said Iames was no party to the before-specifi­ed Inquisition; nor at all called at the ta­king thereof, did revoke his said Letters Patents, and command, that the said Bank should be demolished. And desiring to be certified, whether the said lands, might be preserved by the repair of those old Banks on the verge of that stream, or not; and whether the said Bank, so rai­sed athwart that stream, were to his da­mage, or the damage of any other per­son; did by his Letters Ibid. Patent, bearing date the 8^th of April in the year above­said, assign Iohn de Strode, Iohn de Ore, Robert de Sharnedene, and Philip en la Wyke, to enquire, and certifie the truth thereof.

And after this about two years, Tho. de Passele, Thomas de Pympe, Stephan Scappe, Will. de Haldene, and Will. de Wystresham, were also appointed Pa [...]. 24 E. 3. p. 3. m. 13. in do [...]so. to take a new view of these Banks.

In 25 E. 3. Stephan Scappe, Will. de VVightresham, VVill. de Pageham, and Stephan Donet, were assigned Pat. 25 E. 3. p. 2. m. 5. in do [...]so. to view and take order for the repair of the Banks &c. in Promhell marsh, betwixt Long Shotteswall, and West-hevedes­wall, Newlandeswall, Uetereswall, and Scalloteswall, in the confines of these Counties. In 27 E. 3. VVill. de Clinton Earl of Huntingdon, VVill. Fifhide, Re­ginald del Dik, Iohn de Ore, Stephan Scappe and Iohn de Hodlegh, had Pat. 27. E 3. p. 2. m. 22. in do [...]so. the like assig­nation, for the Banks betwixt Apuldre and Robertshrigge. So also, the year following, had Stephan de Valoignes, VVill. VVaver, Iohn Brode, Stephan Scappe, and VVilliam de VVightresham, for those in Promhell Marsh, before men [...]io­ned.

In 30 E. 3. upon the complaint Pat. 30 E. 3. p. 1. m. 23. in do [...] ­so. of divers persons in the Marshes on the Sea coast, betwixt Hethe, neer Saltwood in Kent, and Lewes in Sussex, and the parts adjacent; that many men of those Counties, who had levyed and collected great summs of money of the Land-hol­ders in the said Marshes, for repair of the Banks, Ditches &c. in the same, in the twentieth year of the said King's reign, and at other times; and having so done kept the money to themselves; so that the Banks, for default of that timely re­pair, which they should thereby have had, being grown ruinous, exposed the said Marshes and Lands to overflowing and drowning: the King therefore, by his Letters Pat. 30 E. 3. p. 1. m. 23. in do [...] ­so. Patents bearing date at New-Castle upon Tine, the 30^th of Ia­nuary, in the year abovesaid, assigned Geffrey de Say, Raphe de Frenyngham, Will. de Fifhide, and others, to enquire ther [...] ­of.

In 37 E. 3. Rob. Belknap, Will. Haldene, Will. Top [...]live, Henry Gosebourne, and Iohn Lyvet, were made Pat. 37 [...]. 3 [...]. p. 1. m. 5. in dorso. Commissioners for the view and repair of the Banks &c. in Promhell marsh. So also, the same year, were P [...]t. 37 E. 3. p. 1. m. 28. in do [...]so. Will. de VVightresham, Ste­phan Donet, and others.

And the next year following, Sir An­drew Sakevill Knight, VVill. Haldene, [...]nd VVill. Batesford had the like Commission Pat. 38 E 3. p. 1. m. 8. in [...]orso. for those betwixt Hastyngs and New­endon.

So also in 40 E. 3. had Pat 40 E. 3. [...]. 1. m. 24. in do [...]so. Rob. Bealknap, VVill. Haldene, and VVill. Horne, Robert de Ore and Iohn Lyvet, for those in the Parishes of Wightrisham, Eb [...]ene, Stone in Oxene, and Idenne.

In 42 E. 3. Thomas de Lodelowe, Robert Bealknap, VVill. Batesford and others, Pat. 42 E. 3. [...]. 1. [...]. 3. in dorso. for those in Promhell marsh. In 44 E. 3. Thomas de Lodelowe, Rob. Bealknap, Iohn Colepepere, VVill. Horne, Roger Ashburn­ham, and Iohn Edward had Pat. 44 E. 3. p. 1. m. 33 in do [...]so. the like for those betwixt Knellesflete before-men­tioned, and the Town of Roberts [...]rigge. So also in 5 R. 2. had Pat. 5 R. 2. p. 2. m. 29. in dorso. Robert Bealknap, Edward Dalingrugg, Roger Ashburnham, Robert Echyngham, Iohn Edward and Iohn Broke. The like in 7 R. 2. had P [...]. 7 R [...]. p. 1. [...]. 26. in do [...]so. Robert Bealknap, VVill. Ri [...]hill, VVill. Batesford, and others, for those betwixt Newen­don and Echingham. So also, the same year, had Pa [...]. 7. [...]. 2. p. 1. m. 26. in do [...]s [...]. the said Rob. Bealknap, VVill. de Halden, VVill. de Horne, VVill. Make­nade, Iohn Lynot, and Iohn Franceys, for those in the Marshes of Lyde, Promhill, Middele and old Romeney. With di­rection to act according to the Law and Custome of this Realm, and the Cu­stome of Romney marsh. And li [...]e­wise Pat. 7. R. [...]. p. 1. [...]. 26. in do [...]so. the same Robert Bealknap, VVill. Horne, VVill. Betesford, Stephan Batenham, [Page 86] Will. Makenade, Will. Brenchesle and Iohn Fraunceys, for those Banks &c. betwixt Robertsbrigge and Smallyde.

In 31 R. 2. Iohn Devereux Constable of Dovor Castle, and Warden of the Cinque Ports, Thomas de Hungerford, Will. Rikhill, Will. de Horne, and others, were constituted Pat. 13 R. 2. p. 1. m. 34. in do [...]so. Commissioners for the view and repair of those Banks &c. between Bourne in Sussex, and Apul­dre in Kent, and impowred to proceed therein according to the Custome of the Marsh, and the Law and Custome of this Realm.

In 1 H. 4. William de Makenade, and his fellow Commissioners, sitting at A­pledoure on the Thursday next after the Feast of S. Valentine, to enquire of the defects in the Banks & Sewers within the Precincts of Smal Lyde & Promhelle, it was then and there foundEx ipso auto. penès Orland. Bridgeman, Eq. aur. anno 1659.; that six hun­dred twenty and eight Acres of Marish, lying in a place called the Becard, which had long layn in danger of the Sea, and at that time were often overflowed, ought to be preserved and defended by a cer­tain Bank, beginning at Fayrefeld's hole, in the said place called Becard, and so extending it self by the Sea-side, unto the Bank of the Prior and Covent of Christs-Church in Canterbury, towards the North; which Bank ought to be made on that Sea-coast, at the common chardge of all persons receiving advan­tage and benefit thereby: and that the Abbot and Covent of Robertsbrigge, were then possest of CCLxxi Acres and an half of the said Marshes, for which they ought to contribute to the said chardge of making that Bank: and that Thomas then Archbishop of Canterbu­ry, with the said Prior and Covent of Christs-Church, and certain other persons, were possessors of the r [...]s [...]due thereof; for the which, every one of them, accor­ding to the proportion of what he so held was to contribute.

Upon which verdict there grew a dis­pute, betwixt the said Prior, and the Abbot of Robertsbrigge, the Abbot and his Covent alleging that their proporti­on of the said Marsh, so to be defended, was much greater than by that Inquisiti­on the Jurors had found it to be; for they said, that Henry sometime Earl of Augi, by a certain grant of his, gave to the then Abbot of Robertsbrigge (Pre­decessor to the present Abbot) and the Covent of that House, seven hundred Acres of Marish, in the Town of Sner­gate, aswell within the Bank as with­out; of which they said that the marish then to be taken in, was parcell; and to make good this their claim, did exhibit the Charter of the said Earl made time out of mind; as also the Letters Patents of King Richard the first, and King Henry the third, with other Kings, ratifying the said grant.

Whereunto the Prior of Canterbu­ry answered; that upon the making of that Charter by the said Earl of Augi, there arose a controversie betwixt Alan then Prior of Christs-Church and his Co­vent, as Lords of the Mannour of Apul­dre, within the Precinct whereof the said Marsh lay situate; and Dionyse then Abbot of Robertsbrigge, and the Co­vent of that Monastery, for the title of that whole Marish; and that, upon an amicable agreement then made betwixt them, the said Abbot and Covent did quit all their title thereto, unto the be­fore-specified Prior and Covent of Christ-Church: But the said Prior and Covent, out of a pious regard to the wants of the said Abbot and Covent, did by their special favour, then grant them and their successors, one hundred Acres of those seven hundred; viz. one hundred lying next to the Bank of the said Abbot and Covent, neer unto the Land of Adam de Cherringe, which at that time they had inclosed about the Newewodrove: and that this Agreement was by the before-mentioned Earl then ratified and confir­med, as the Instruments testifying the same, then exhibited, did fully manifest; so that the said Abbot & Covent ought not to challenge any thing more in that marish, other than in those C Acres, so given to them as afor [...]said.

In consideration therefore of all the premisses, and circumstances thereof, and especially of the Antiquity of the Evi­dences produced on each part; as also to the obscurity of the bounds and limits of the said Towns of Snergate and A­puldre, the perfect knowledge whereof, by reason of the great and continual in­undation of the Sea, could not, or was ever likely to be well discovered: all parties therefore more desiring peace than strife and contention; did unani­mously [Page 87] agree; that the said Prior and Covent of Christs-Church should release unto the Abbot and Covent of Roberts­brigge, and their successors, all their ti­tle to that parcell of land, called the Newewoderove, and in xxviij Acre of land, then newly inclosed in the B [...]ecarde, towards Apuldre; and in the said CCLxxi Acres and a half of Land, then to be inclosed, in the Becarde, adjoyn­ing to the said parcell of land, called the Newewoderove, lying in length under the Bank dividing the said Land of the Newewoderove, and the said Marsh so to be inclosed in the Becard, so that the said Prior and Covent of Christs-Church, nor their successors should have power to claim any right therein after that time.

And in like sort the said Abbot and Covent of Robertsbrigge, did release unto the said Thomas Archbishop of Canterbury, and to the Prior and Co­vent of Christs-Church, and their succes­sors, all their right and title to the resi­due of that Marish, lying next to the Church of Fayrefelde towards the East, and the course of the Sea, passing from Rye to Apuldre towards the West; and the bounds dividing the Counties of Kent and Sussex, towards the South; so that they should chalenge no title therein from thenceforth.

Which agreement was so made by the said Instrument under their publick Seals, and beareth date at Canterbury on the xxth day of March, in the year be­fore-mentioned.

In 2 H. 4. Thomas Erpyngham, then Constable of Dovor Castle; Will. Bren­chesle, Robert Oxenbrigge, Will. Marchaunt and others, had Pat. 2 H. 4. p. 3. m. 4. in dorso. Commission for the view and repair of those Banks and Sew­ers lying betwixt Farlegh in Sussex and Apuldre in Kent: with power to act therein according to the Custome of the Marsh, and the Law and Custome of this Realm.

The next year following, Will. Rikhill, Will, Makenade, Stephan Betenham, Will. Bertyn, Henry Horne, and Iohn Proude, had Pat. 3 H. 4. p. 1. m. 19. in dorso. the like, for those in the Marshes of Lyde, Promhull, Middele, and old Romney: with direction to do all things therein, according to the Law and Custome of this Realm, and the Cu­stome of Romney marsh.

In 2 H. 5. Sir Iohn Pelham Knight, Ri­chard Nortone, Thomas Colepepir, William Cheyne and others had the like Commis­sion Pat. 2 H 5. p. 2. m. 37. in dorso. for the view and repair of the Banks, betwixt the Port and Town of Rye, and Bodyham bridge; and to act therein according to the Custome of the Marsh, and the Law and Custome of this Realm.

In 5 H. 5. Robert Oxenbrigge, VVilliam Marchaund, Iohn Halle junior, VVilliam Cheyne, and Adam Iwode, had Pat. 5 H. 5. parte unica, m. 34. in dorso. the like appointment for those betwixt the Town of Rye in Sussex, and Ebbeneye in Kent: and to act according to the Cu­stome of the Marsh, and the Law and Custome of this Realm of England.

So also in 7 H. 6. had Pat. 7 H. 6. p. 1. m. 8. in dorso. Sir Roger Fenys Knight, Henry Hoorne, Robert Oxenbrigge, Thomas Auger, Richard VVakeherst, and others, for those betwixt Bodyhain bridge in Sussex, and Smalhyde in Kent: with direction to proceed there­in according to the Law and Custome of this Realm, and the Custome of Rom­ney marsh: as also to take up so many labourers, upon competent wages, as should be necessary for the said work.

CAP. XIX.

I Now come to Sussex a­lone.Sussex. Where the first Commission Pat. 17 E. 1. m. 20. in dorso. of Sewers, that our Records do take notice of, was in 17 E. 1. being directed to Roger de Leukenore, and Lucas de la Gare.

The next year following, upon com­plaint Pat. 18 E. 1. m. 16. in dorso. made by the Abbots of Bataille and Bekeham; as also by the Priors of Okeburne, Lewes, and Hastings, toge­ther with Baldwin de Aldham, and many others, who had Lands about Pevenesel marsh; that whereas the King had as­signed the before-mentioned Roger de Leuknore, and Lucas de la Gare, to take view of the Banks and Sea-diches neer the said Marsh, and to provide for the safeguard and defence, of all persons, as­wel rich as poor, as had lands therea­bouts; [Page 88] the said Lucas, together with the Prior of Michelham, Will. de Donne &c. not prosecuting the said King's appoint­ment and order, did begin to raise a cer­tain Bank overthwart the Haven of Pe­venesel, as also a Sluse; intending to fi­nish them; so that the fresh water could not passe, through the midst of the said Marsh, to the Sea, by the same Haven, to the great peril of all persons there dwelling, and apparent drowning of their lands by the frequent overflowing of the said fresh water: For remedy thereof, the King therefore, by his Let­ters Pat. 18 E. 1. m. 16. in dorso. Patents, dated at Westminster 15^o Iulii in the 18^th year of his reign, constituted Iohn de Lascy, and VVill. de Echingham his Justices, to make enquiry, by the Oaths of honest and faithful men, touching the same; and then to do ther­in according to their discretion.

In 23 E. 1. Will. de Stoke was associa­ted Pat. 23 E. 1. m. 4. in dorso. to the before-mentioned Roger and Lucas, for the viewing and repair of the Banks &c. in this County.

In 31 E. 1. the King being informed, Claus. 31 E. 1. m. 2. that the Banks and Ditches, which had been made in the Marsh of Wynchelse, for the defence of his lands there, and preservation of the adjacent parts, were then so broken, by the overflowing of the Sea, that the said Lands were in dan­ger to be drowned and lost: and that his Tenants of those lands, by reason of a certain antient composition made be­twixt them, and the Tenants of other lands in that Marsh; which was, that the said Kings lands, should be defended in such reparations, by the other Land­holders there, refused to contribute to the repair of those Banks and Ditches: And being also informed, that the Te­nants of the other lands, were not able to undergo those repairs, by reason of the great expence, which would be requi­site thereto: Taking care therefore, of his own indempnity, and the preserva­tion of those Marshes, he directed his Precept Claus. 31 E. 1. m. 2. to Thomas Alard, Guardian of his lands of that Marsh, commanding him, that he should, for the present oc­casion, cause an equal contributi­on to be made, out of those his lands, according to a just and proportionable Tax, with the said other Land holders; lest for want thereof a greater losse might afterwards happen; for which he the said Thomas was to receive allow­ance out of the Exchequer.

But after this, the very next ensuing year, upon an Inquisition Claus. 32 E. 1. m. 17. taken by Rob. de Septem Vannis, Will. de Hastyngs, and Robert Paulyn, whom the King had as­signed to take view of the Banks and Ditches in this County, and to cause them to be repaired (which was returned into the Chancery;) it was found, that the said Marsh of Winchelse, could not be defended and preserved by the old wall, situate towards the East: and that if it ought to be defended, it would be neces­sary to have a certain new Bank there, of the length of CCCL. Perches: and that the said new Bank, could not be made by those, who according to the antient composition before-mentioned, had wont to repair that old bank; forasmuch as they, who were in that sort lyable to the repair of the said old bank, were not a­ble, in regard of the diminution of their lands, to bear the whole chardge thereof themselves: He therefore directed ano­ther Precept Claus. 32 E. 1. m. 17. unto the said Thomas Al­ard, requiring him to take care, that such contribution should be made thereto, out of his own lands, and the lands of others, as is above exprest. And hereupon the said King issued out a Commission to the said Robert, William and Robert, to see that the contribution which the said King's Bayliff was to make therein, should be well and also faithfully asses­sed.

A multitude of other Commissions were afterwards granted to sundry per­sons, for to take care of the banks in the other Marshes of this County; viz. in 1 E. 2. to Pat. 1 E. 2. p. 1. m. 10. in dorso. Iohn Malemeyns, Lucas atte Gate, and Robert Paulyn, f [...] those in Pevenese marsh.

In 2 E. 2. to Pat. 2 E. 2. m. 22. p. 2. in d [...]so cedula. Will. de Echingham, Henry de Wardeden, and Iohn Fylol, for those in the Marshes of Wylting. And the same year, to Pat. 2 E. 2. p. 2. m. 23. in dorso cedu [...]ae. Robert de Clyderho [...], and Iohn Fillol, for all the Marshes in this County.

In 3 E. 2. to Pat. 3 E. 2. m. 38. in do [...]o. the said William, Hen­ry and Iohn, for those in the Marshes of Fothie, and Wyltyng. And the same year to Ib. m. 26. in dorso. Robert de Clyderhou, Iohn Fyliol, and Iohn de Brydeney, for those in Peven­sey marsh.

In 4 E. 2. to Pat. 4 E. 2. p. 1. m. 16. in dorso. Robert de Passel [...]y, Henry de Wardeden and Iohn Filliol, for those [Page 89] Banks in the parts of Tillingham, by which the Marshes of Tillingham and Est-Wytenham were wont to be de­fended both from the overflowing of the fresh and salt waters.

In 5 E. 2. to Pat. 5 E 2. p. 1. m. 8. in dorso. Henry de Wardeden and Iohn Fillol, for those in the parts of Northie and Lullingtone.

In 7 E. 2. to Pat. 7 E. 2. p. 2. m. 18. in dorso. Iohn Heringod, Iohn Fi­lol, & Will. de Sneylham, for all those upon the Sea-coasts, throughout this County. And so also the same year, to Ib. m. 2. in dorso. Andrew Peverell, Will. de Northo, Iohn Filiol, and Will. de Snaytham.

In 8 E. 2. to Pat. 8 E. 2. p. 1. m. 4. in dorso. Iohn Heryngaud, Iohn Filiol, and Iohn de la More, for those in the Marsh of Filesham, Boxle, Wyl­tyng, and Crawherst.

In 9 E. 2. to Pat. 9 E. 2. p. 2. m. 17. in dorso. Edm. Passheleye, Stephan Alard of Wynchelse, and Mathew de Knolle, for those in the parts of Tilling­ham before-mentioned.

In 10 E. 2. to Pat. 10 E. 2. p. 1. m. 38. in dorso. Will. de Echyngham, Andrew Peverell, Iohn Filiol, and Will. de Sneylham, for all those upon the Sea-coasts, throughout this County. The like Commission Pat. 11 E. 2. p. 1. m. 9. in dorso. had Will. de Echyng­ham, Iohn de Ifeld, William de Northo, and William de Snaylham, in the same year.

In 13 E. 2. to Pat. 13 E. 2. m. 27. in dorso. Henry Beaufiz, Iohn de Bergham, and Iohn Dalingrugge, for those in the parts of Pevenesey and Ha­stings. So also the same year, to Ib. m. 36. in dorso. the said Henry, Andrew Lutterell, and Iohn Dalingrugge.

In the tenth year of Edward 2. the said King, at Claus. 15 E. 2. m. 35. the request of Robert de Sapy, in consideration of his good and faithfull service, granted by Charter, unto the said Robert and Aliva his wife, liberty to inclose as much of Pevenese marsh as was then overflowed, and in the occupa­tion of no man; and to hold it of the said King and his heirs during their two lives, for a pair of gilt Spurs, to be paid into the said Kings Exchequer every year up­on the Feast day of S. Iohn Baptist. But forasmuch as the said Robert and Aliva did take no benefit of that grant, but de­livered in their said Charter into the Chancery, to be cancelled; the King by his Precept Claus. 15 E. 2. m. 35., dated at Westminster 13 August, in the 15^th year of his reign, commanded the Barons of his said Ex­chequer, to supersede their demand of the said Spurs.

In 16 E. 2. Edmund de Passele, Will. de Northo, and Will. de Robertsbrigge were Pat. 16 E 2. p. 2. m. 12. in do [...]so. appointed to view and take order for repair of the banks &c. at Wortling and Pevenese, and elswhere in this County.

In 18 E. 2. Giles de Briaunzon, Iohn Filol, Will. de Robertsbrigge, and Iohn de Dalingrigge had Pat. 18 E. 2. p. 2. m. 5. in dorso. the like appointment, for those in the parts of Pevense and Ha­stings.

In 5 E. 3. Will. de Robertsbrigge, Robert de Sharden, and Thomas de Wyvill, had Pat. 5 E. 3. p. 2. m. 32. in dorso. the like for those in the Rape of Ha­stings. So also in 6 E. 3. had Pat. 6 E. 3. p. 3. m. 3. in dorso. Thomas de Faversham, Richard de Grosherst and Ro­bert de Bataille, for those in North­mershe, neer Rye, and Spadelond mersh, betwixt Wynchelse and Damse wall. The like in 8 E. 3. had Pat 8 E. 3. p. 2. m. 19. Thomas de Faversham, Will. de Robertsbrigge, and Gosceline de Gatele.

About two years afterwards, the King, directing his precept Claus. 10 E. 3. m. 28. to Will. de Roberts­brigge, Robert de Shardenne, and Robert Bataille, wherein he recited, that whereas he had assigned them the said William, Robert and Robert, or any two of them, to view the Banks and Water­gangs in the marsh called Northmershs, neer Rye, and in the marsh of Spade­lond, betwixt Wynchelse and Dauns­wall, and in other Marshes adjoyning; and to enquire by the Oaths, aswell of Knights as others, through whose neglect the defaults in those Marshes had hap­ned: And that whereas by Inquisition, taken by the said William, Robert and Ro­bert, it was, amongst other things found, that there were Cxxviij acres of land in the said marsh, which did belong to the King's Mannour of Ihamme; and that the said King's Bondmen there, held of him xxx acres of land, called Spade­lond, in the said Marsh; as also that the said King's lands and the lands of others, could not be preserved, except a contri­bution were made out of them for neces­sary chardges tending to such their safe­guard: And that they the said Com­missioners had forborn to proceed farther therein, because they had not power to compell the said King thereto, as by the [...]nor of the said Inquisition appeareth. He therefore, for prevention of the da­mage and peril, which for default of such repair of those banks &c. might happen being willing, that in what concern'd [Page 90] himself, all should be done according to reason; commanded them the said Wil­liam, Robert and Robert, that they should assesse his said Lands, for contribution to those repairs, according to the quan­tity of them, as they did others for theirs. And moreover gave command to Ste­phan Padiham, his Bayliff of Ihamme, that he should contribute, out of the pro­fits of that Mannour, towards those re­pairs, according to the proportion of what the said King held in those Mar­shes, in such sort as others did; to the end that the said repairs might not any wayes be retarded.

In 14 E. 3. Geffrey de Cotes, Thomas de Weyvill, and Philip de Ellevenwyk, had Pat. 14 E. 3. p. 1. m. 33. in dorso. Commission for the view and repair of the banks &c. on the Sea-coast, in the Marsh neer Pevenesey and Willing­don, and those adjacent. And the like Commission Pat. 15 E. 3. p. 3. m. 11. i [...] dorso., in 15 E. 3. had Iohn de Frenes, Will. de Notton, Rob. de Sharenden, & Thomas de Battenham, for those betwixt Bremesley in the Parish of Bixle, and a place called the Slough, lying betwixt Pevenesey and North Eye.

And in 16 E. 3. the King, by his Pre­cept Claus. 16 E. 3. p. 2. m. 26., directed to Iohn Clynde, then Bayliff of his Mannour of Ihamme, wherein he reciteth his commands to Stephan Padiham, his Bayliff of the same Mannour, in the 10^th year of his reign (as I have already shewed) and the ne­cessi [...]y of the repair of those Banks in Northe mershe and Spadelonde, gave him also strict chardge, that he should not omit to contribute, out of the reve­nue of that Mannour, according to the proportion which he the said King had in those Marshes, in such sort as others did for their Lands; forasmuch as the said Banks were at that time, for the most part, very ruinous.

But notwithstanding this great care, which it appears the King had, the work was not perfected of three years after: for in 19 E. 3. I find the like Precept Claus. 19 E. 3. p. 2. m. 12. di­rected to the same Stephan, who was, a­gain, his Bayliff of the said Mannour in that year.

In 17 E. 3. Sir Andrew de Sakevill, Sir Andrew Peverell, Sir Iohn de Fiens Knights, and William de Sessingham had P [...]t. 17. E. 3. p. 2. m. 6. in dorso. Commission to view and repair the Banks &c. in Wretling, Hoo, Non­field, Ashburnham and Bixle, Pe­venesey, Shipegongebrigge, and also Piglynde.

What was done in that Marsh of Spadelonde, before mentioned, in pur­suance of the said Kings Precept, I cannot say: but this is certain, that within few years after, through the force of great Tempests, the Sea-banks betwixt Win­chelse and Dauneswalle; and betwixt Pykammyll and Trecherie, were so broken and decayed, that as well the Kings Lands, as the Lands of divers o­ther persons, in that Marsh, were over­flowed at every Tide; to the danger of their utter ruine, and the apparent de­pauperation of the Town of Winchelse, and the parts adjoyning: The King ther­fore, for the speedy repair thereof, did in the 25 of his reign assign Pat. 25 E. 3. p. 1. m. 23. in dorso. Iohn de Ore, Stephan de Horsham, Robert Arnald, and Will. de Pageham his Commissioners, to view them, and to take order there­in.

In like sort, in 32 E. 3. were Pat. 32 E. 3. p. 1. m. 30. in dorso. Sir Iohn Waleys, Sir Hugh de Boucy Knights, Thomas de Thorpe, and others, appointed Com­missioners, for the view and repair of those, in a certain place, called Pende, betwixt the Towns of Brembre, Shor­ham and Launcyng. So also in 33 E. 3. were Pat. 33 E. 3. p. 1. m. 29. in dorso. Iohn de la Lee, Andrew Sauke­vill, and others, for those Banks in the Marshes of Pevenesey, Bourne and Wylyngdon. The like Pat. 34 E. 3. p. 1. m. 17. in dorso. Commission had they, the year following, for those in the Marshes of Peveneseye, Wyl­yngdon, and Estburne, between Hastings and Sefford and the parts adjacent. So also Pat. 36 E. 3. p. 2. m. 18. in dorso. in 36 and Pat. 38 E. 3. p. 2. m. 13. in dorso. 38 E. 3.

And in 40 E. 3. Raph Spigurnell, Robert Bealknap, Andrew de Guldeford, and o­thers, were Pat. 40 E. 3. p. 1. m. 27. in dorso. assigned to view and repair the Banks of those Marshes, within the liberty of the Town of Rye, towards the East, unto the Kings high way, which leadeth from Pladen unto the same Town of Rye; and towards the South, to the said Town of Rye; and towards the West, to the Sea-bank, called Mel­flet; and towards the North, to the lands which are called Bernardeshill, from Kyngeswyst: with direction to determine all things therein, according to the antient Law and Custome of this Realm.

Upon an Inquisition Ex bundello de Brev. & Re­cordis, Wallias &c. tangenti­ous, temp. E. 3. n. 11. taken in 42 E. 3. [Page 91] the Jurors presented upon their Oaths, that one William Fishburne Clerk, had then newly made a stone wall, upon the Sea-coast, at Boseham, in pure alm [...], and of his meer and free will, without a­ny cohercion whatsoev [...]r; whereas be­fore that time, there had not been, in the memory of man, any Bank or defence there against the Waves of the Sea; but the ground lay waste, through the eb­bing and flowing of the Tides. And they farther said, that the Bishop of Exeter was then Lord of the Town of little Boseham, and that his Lordship there lay abutting on the Sea-shore in length; viz. [...]rom the Prebend of Fouctone to .............. of Boseham, on the East part, to the Prebend of Weste­broke, in the said Church on the West part; excepting one Watermill, a Smiths Forge, and a Cotage: and that the said Bishop had divers edifices there, in the hands of Bondmen, which were then worth by year, beyond reprises, xiij ^s. iiij ^d. And that several other per­sons had also Lands there. And more­over, that the said Bishop, and the rest of the Land-holders there, were bound to contribute towards the making de­fence against the Sea-tides there, ac­cording to the proportion of what they held.

And in the said 42 year of E. 3. it ap­pears, Pat. 42 E. 3. p. 2. m. 14. in dorso. that Robert Bealknap, Robert Churchehull, William Merlot, Iohn VVyn, and others, were appointed to see to the repair of those Banks &c. at Bose­ham.

In 44 E. 3. Godfrey Folejaumbe, Robert Bealknap, Roger Ashburnham, and others, were constituted Pat. 44 E. 3. p. 1. m. 33. in dorso. Commissioners for the view and repair of the Banks, betwixt the Towns of Borne and Rye. In the like sort were Pat. 48 E. 3. p. 1. m. 30. in dorso. the Abbot of Battaile, Rob. Bealknap, Roger Ashburnham, and o­thers, in 48 E. 3.

In the same year, the King being in­formed Pat. 48. E. 3. p. 2. m. 11. in dor­so. that the Burgers of Wynchelse, had, for the advantage of that Town, and benefit of the whole Countrey, built a certain Bridge at Pypewel, over a wa­ter, called the Chanel of Wynchelse, upon the said Kings soyl, on both sides of the water, for the passage of people, and all carriages; which was not done with little chardge: And that by the vi­olence of the Tides, and flouds of fresh water passing to the Sea, the said Bridge and banks, on each side the said water, betwixt the said Town of Wynchelse, and the Towns of Odymere and Rye, were so broken down and ruined; and all the High-wayes about the said Town of UUynchelse so overflowed, that scarce any one could come in or out thereof: he granted Commission Pat. 48 E. 3. p. 2. m. 11. in dor­so. to the Abbot of Bataille, Thomas de Reyns, Lieutenant to the Constable of Dovor Castle, Will. Batesford, Roger de Asheborn­ham, and others, to view the said Bridge and Banks, and to take order for the re­pairing of them.

In 2 R. 2. Will. Horne, Roger de Ashe­burnhamme, and Iohn Edward, were ap­pointed Pat. 2 R. 2. p. 2. m. 32. in dorso. Commissioners for the view and repair of the banks &c. betwixt UUortlyng and Catesfelde.

In 3 R. 2. upon complaint Pat. 3 R 2. p. 1. m 40. in dorso. made to the King, by the Commonalty of the Town of UUynchelse; shewing, that there was a common way, called Cop­greys, then lately leading from the said Town, unto Bataille; as also a certain Marsh called Dynsoale, lying betwixt the Towns of UUynchelse and Ha­styngs; which way and Marsh, through the neglect of some persons in those parts, who of right ought to repair and maintain them, were destroyed and o­verflowed by the Sea; the said King, by the assent of his Prelates, Barons &c. then sitting in Parliament, assigned Pat. 3. R 2. p. 1. m 40. in dorso. the Ab­bot of Bataille, Rob. de Bealknappe, & Will. de Battesford to take view of the said way & Marsh [...] and to enquire by the Oaths of honest and lawful men &c. through whose default, those damages had hap­ned, and who had used, and ought to re­pair them; and to compell them there­to in such sort, as in Romeney marsh, in the like case had been accustomed: And moreover to do and perform all things therein, according to the Law and Custome of this Realm, and the Laws and Customes of Romeney marsh, a­foresaid.

In 4 R. 2. Sir Thomas de Hungerford Knight, Iohn Prior of Michesham, VVill. Horne, Roger Ashburnham, and others, were made Pat. 4 R. ² p. [...]. m. 17. i [...] dorso. Commissioners for the view and repair of those banks upon the Sea-coasts, betwixt the town of Bourne and the Towns of Helyng and Bixle. And the next year following, Sir Edward [Page 92] Dalyngrugge Knight, Sir Edmud Fitzher­bert Knight, Iohn Edward, VVill. Olme­sted, and Thomas Blast, were in like sort constituted Pat. 5 R. 2. p. 2. m. 29. in dorso. for those within the Rape of Pevenese.

In 6 R. 2. the King directed his Pre­cept Claus. 6 R. 2. p. 2. m. 27. to Adam de Limbergh, Guardian of his Manour of Idene; commanding him, that out of the form of the said Manour, he should cause the banks and ditches belonging thereto, to be repair­ed where need was, according to the judgement of honest and lawful men, of those parts.

Other Commissions in this King's time were these; viz. in 7 R. 2. to Pat. 7 R. 2. p. 1. m. 26. in dorso. Ro­bert de Ashton Constable of Dovor Ca­stle, Robert Bealknap, Sir Edward Dalin­grugge Knight, VVill. de Horne, Peter Rede, and VVill. Batelesford, for those banks &c. in the Towns of Idenne, Rye, Odymer, Brode, Farlegh, Pette, UUynchelse, Iclesham, Gestling and UUestfield.

In 8 R. 2. to Pat. 8 R. 2. p. 1. m. 39 in dorso. Sir Robert Bealknap, Sir Tho. Hungerford Knights, Roger Ashbourn­ham, Will. Batisforth, and Iohn atte Broke, for those betwixt the Town of Bourne, and the Towns of Helyngham and Bix­le.

In 14 R. 2. to Pat. 14 R. 2. p. 1. m. 36. in dorso. Sir Thomas Colepepir Knight, Will. Rikhill, Roger Ashburnham, Stephan Bettenham, and Iohn Edwards, for those betwixt the Town of Kentbregge and Newenden, then much broken by the violence of the Sea: And to act ther­in according to the Law and Custome of this Realm, and the Custome of Rome­neye marsh.

In the same year, to Pat. 14 R. 2. p. 2. m. 26. in dorso. Hugh de Sowches, Iohn Falwesly, Will. Percy, VVill. Brin­chesle and others, for those betwixt the Town of Ifeld and the main Sea; upon the River of Lewes, and Passage of Pul­berowe and the main Sea; and upon the River of Arundell on both sides of the banks; and to do all things therein ac­cording to the Law and Custome of this Realm.

In 15 R. 2. to Pat. 15 R 2. p. 1. m. 37. in dorso. the Abbot of Bege­hame, the Prior of Michelhame, Iohn Devereux Constable of Dovor Castle, Sir Will. Fienles and Sir Roger Newent Knights, Will. Batelesford and others, for those upon the Sea-coast and Marshes, in the Towns of Peveneseye, Aylesham, UUrotlynge, Hoo, Herst Monceaux, Mankesheye, UUylyngdon, UUest­hamme, Horsye; and elswhere, from the head of Godyng to Clune of Bourne. And so likewise, by another Commission, Ibid. for those within the Precincts of the Townships of Ashbournhamme and Bourne.

In 17 R. 2. to Pat. 17 R. 2. p. 2. m. 37. in do [...]so. Will. Rikhille, VVill. Brenchesle, Vincent Fynche, Robert Oxen­brigge and Iohn Lynot, for those in Far­legh, Pette-Gestlyng, Brede West­feld & Odymere: and to act therein ac­cording to the Law and Custome of this Realm, and the Custome of Romene marsh.

And in 20 R. 2. to Pat. 20 R. 2. p. 1. m. 12. in dorso. the Abbot of Ba­taille, Prior of Hastyngs, VVill. Bren­chesle, Robert de Ore and others, for those betwixt Hastinges and Bulwerheche; and to proceed therein as abovementio­ned.

The next year following, upon a Com­mission Ex bund. de B [...]ev. & Recor [...]dis, Wallias ta [...]gentibus, temp. R. 2. parte 2. n. 123. issued out to the Abbot of Begeham, Prior of Michelham, Sir Wil. Fienles Knight, VVill. Makenad and Iohn Broke, touching the repair of the banks &c. betwixt Ashebournehamme and Bourne; the Jurats (inter alia) pre­sented, that the bank, beginning at Bor­ham brigge, and going to the land of Sir VVill. de Hoo Knight, was in decay, through the default of the Abbot of Begeham and his partners. And from thence, the Bank leading to the land of Stephan Plasted, through the neglect of Sir Will. de Hoo Knight. And from thence the banks reaching to the bounds of Marcopson through the default of Ste­phan Waller, and VValter Sumpter. And the banks reaching from that place to the Land of Iohn Sweteblod, in default of Sir Philip Sencler Knight: And thence the bank tending to the land of Sir Philip Mested Knight, in default of the said Iohn Sweteblod: And thence the bank stretch­ing to the land of Sir Will. Fienles Knight, in default of the said Sir Philip Mested. And thence the bank tending to the land of Simon Lot, in default of the said Sir VVilliam Fienles. And thence the Bank tending to the old sluce of Pevenese, in default of the said Simon Lot. All which persons by reason of their Land-holdings within the said Marsh, were obliged so to repair and maintain those banks by parcells; their Ancestors, and those whose estates they had, having time out of mind [Page 93] so done: And that then, through such their neglect, many losses had befallen those parts.

And they also certified, that the Sew­er beginning at the bounds of Squabber, and extending it self to Gorebreggs, and so to Sakevylestrow; and so to Yor­tham; and thence to Rikenebrigg; and so to the old Sluce of Pevenese; and thence to Wyllendonestrow; and so to the Gutter made through the midst of a Hillock, by which the fresh waters de­scending to the Sea, from six thousand, three hundred fifty eight Acres, three Rodes and a half of Land, Meadow and Pasture, had wont to passe, and of anti­ent time ought so to do; an [...] from the said bounds of Squabber, to the said old Sluce of Pevenese, was then filled up and obstructed with grasse, reeds and o­ther filth, for a long time suffered there to grow; and from the said old Sluse of Pevenese, to the said Gutter, in such sort, as that by the shallownesse thereof the course of the water was much hin­dred, and obstructed, through the default and neglect of all the Tenants of the be­fore-mentioned 6358 Acres, 3 Rodes and a half of Land, with the appurte­nances, who according to their pro­portions were also obliged to those re­pairs.

That is to say, the Tenants of two hun­dred and nine Acres of land, Meadow and Pasture thereof, lying in the Mar [...]h of Megeham; two furlongs and seven­teen perches of that Sewer; in length beginning at the said place of Squabbar, and so going on unto ............And all those Tenants from the said place of Gorebreggs, to the place called Sake­vylestrow, for the said Tenements, one moytie of the said Sewer towards the North. And all the other, holding an hundred fourscore and ten Acres of land, Meadow and Pasture, in the Marshes of Megeham and Whelpole, the other moytie of the said Sewer, towards the South, containing in length sixteen fur­longs. And the Tenants of three hun­dred and sixteen acres of land, Meadow and Pasture, in the Marshes of Boghele, Balle and Herst-Monseux, from the place called Sakevylestrow, to the place called Ladytrowe, seven furlongs of the said Sewer. And from the said place called Ladytrowe, all the said Te­na [...]ts of the Lands and Tenements afore­said in the Marshes of Megeham, Whel­pole, Boghele, Ball, and Herst-Mon­seux, for those their Tenements, seven furlongs of the said Sewer, unto the said place of Yortham.

And from thence the Tenants of eight hundred ......... and four Acres in the Marshes of Horsye and Doune, for their Tenements, three furlongs and nine perches of the said Sewer, unto the said bounds of Rikenebrigg; and from that place to [...]e old sluce of Pevenese, and thence to the place called Wyllin­donestrow, the said Sewer to be repair­ed by all that hold the said lands in the Towns of Wortling................ Horsye, Mankesye, Haylesham, West­ham, and Pevenese in common; and that in the evacuation of the fresh wa­ters by the said Sewer, if tha [...] Sewer should be enlarged, they should have benefit and full safeguard, without any contribution from the other Lands and Tenements, lying in the Towns of Bourne, Langenere, and Willyn­don: which from that time, by the law of the marsh, ought not to contribute to their repair; forasmuch as those lands could not in any wise be preserved by the said Sewer.

And they farther certified, that there was another Sewer, beginning at a place called the Hokes, and extending to the Clyne of Langene; and so to the said place called Wyllindonestrow, by which the fresh waters, of the said Lands and Tenements in the Marshes of Bourne, Langeneye, and Wylling­don, descending to the Sea, were voided away: Which said Sewer, the Tenants of those lands and Tenements in the Towns of Bourne, Langeneye, & Wil­lyndon ought to repair and maintain, for evacuation of the fresh waters; and that they and their Ancestors did time out of mind so do: And that the said Sewer, in that place called Willindone­strow, unto the said Gutter, ought to be repaired by all the land-holders, except within the before-specified limits; so that the fresh waters being conjoyned by both the said Sewers, might passe to the said Gutter, and be thereby evacuated, which Gutter to be repaired at the common chardge.

And that from .......... unto the [Page 94] house called Wyllindonestrow, and to the Sluce of Pevensey, it ought to be repaired at the chardge of all the said Land-holders in the Towns of Wort­ling, Otham, Hurst-Monceux, Horsie, Mankesie, Haylesham, Westham and Pevenesey only: and that thence to the said Gutter, it would be necessary for the safeguard of the whole Marsh to en­large the same Sewer in bredth two per­ches, and in depth three foot, at the chardge of all the Tenants of the whole Marsh, within the bounds and limits a­foresaid.

And they presented mo [...]eover, that from the said place called Wyllendone­strow, by the side of the said old Sewer, on the East, it would be fit to have a a new Sewer made, in the common Marsh, in bredth three perches, and in depth xv foot, extending to the said Hil­lock; as also a new Gutter through the midst of that Hillock, in length xx per­ches, in bredth eight foot, and depth two foot and an half; and to enlarge the old Gutter unto sixty foot in length; the chardge of all which was then esteemed at CC ^libr.

And they farther certified, that if the said Sewers and Gutters should be so re­paired, great profit and safeguard would accrue thereby; but if speedy remedy were not had, the losse in a very short time would be inestimable.

Whereupon command was given as­well to the Constable of Dovor Castle, and VVarden of the Cinque Ports, or his Lieutenant, as to the Shireeve of Sussex, to summon the Abbot of Bege­ham and his participants; as also all and singular the land-holders in the Villages aforesaid, to appear before the said Ju­stices, at Westham, upon Monday next after the Feast of the Purification of the blessed Virgin, to answer why &c. as also all the land-holders within the said marsh, that they should likewise then and there meet, to perform and do what should be directed by the King's VVrit so sent unto the said Lieutenant &c.

And the said Shireeve did make his return at that appointed day, before the said Justices; that he had given notice accordingly unto the Abbot of Bege­ham &c. as also to the land-holders in the said Marsh, to appear at Westham, upon the day before-specified. Divers others were then also summoned by the said Shireeve in like sort; some whereof appeared; but the Abbot of Begeham and many others came not: And those that appeared, answered, that neither they nor their Ancestors, whose estate they then had in those lands, with the other lands & tenements lying in the said towns of Wortlyng, Otham, Herst-Monceux &c. had used to repair, in common, the before-mentioned Sewer, from the place called Rikenebrig, unto the old Sluce of Pevenese; and that in case they had so repaired those Gutters and Sewers, they should have had no benefit by the evacuation of those fresh waters, as by the said Presentment was then sup­posed.

VVhereupon by virtue of another VVrit directed to the said Constable of Dovor, a Jury was impanelled, and Sir William Hoo Knight, with divers others, being summoned, did appear in person; and did severally say (as to their Tene­ments lying in the said Town of Man­kesye, without the liberty of the Cinque Ports) that there was a Sewer called Mankesey streme, beginning at a cer­tain boundary called Herstbolt, and ex­tending it self under Walleres Haven, unto the old Port of Coding; by which Sewer the fresh waters descending into those parts were evacuated: and that they and their Ancestors, whose estate they had in the beforespecified lands, did use time out of mind to repair the said Sewer, and had commodity and am­ple safeguard thereby; without that, that they and their Ancestors, and those whose estate they had in the Tenements afore­said, did in common repair and maintain that Sewer, beginning at the boundary called Squabber, tending to Gore­breggs, and so to Sakevylestrow, and so to Yortham, thence to Rikenebrigs, and so to the old Sluce of Pevenese, time out of mind, with the rest of the Te­nements in the said Town of Wortlyng, Eltham, Herst-Monceux &c. And with­out that, that by evacuation of the fresh waters by those Gutters and Sewers, though they should be so repaired and made, as by the Presentment was supposed, they should have benefit and safeguard: and this they were all ready to justifie &c.

[Page 95]And William Grangiam, the King's Attor­ney there at that time, said; that the Sewer beginning at the boundary called Squabber, tending to Gorebreggs, and so to Sakevylastrowe, and thence to the old Sluce of Pevenese, had been usu­ally repaired in common by the Land­holders in the said Towns of Wortlyng, Otham, Herst-Monceux &c. and that by such evacuation of the fresh waters by those repairs, they had commodity and safeguard, as in the said Presentment was alleged &c..................... ................................

In 3 H. 4. Thomas Erpyngham Consta­ble of Dovor Castle, the Prior of Mi­chelham, Iohn Pelham, William Fenys, Will. Makenade, and others, were constituted Pat. 3 H. 4. p. 1. m. 26. in dorso. Commissioners for the view and repair of the Banks in Pevensey Marsh, be­twixt Birle and Bechief; and to per­form all things therein according to the Custome of that marsh, as of the marsh of Romeneye, and the Law and Cu­stome of this Realm.

Whereupon Ex ver. cod. MS. penès Wil. le Neve Clar. Regem Armo­rum. an. 1659. the said Prior, Iohn Pelham, and William Makenade went unto Westham, in the Parish of Pevensey, upon Friday next before the Feast of S. Gregory, by the consent of the Lords of the Towns, the Bayliff, and the xii Ju­rats (otherwise called Skawers) and of the Commons of the said Marsh; and ordained these following Statutes for the due governance of the same marsh, and salvation thereof in the time to come.

1 First, because there was no certain Law of the said Marsh ordained nor used before that time, Ordinances for Peven­sey Marsh. but at the will of those Lords who had Lands within the same; so that divers perils and hurts intolerable dayly grew: therefore, for eschewing thereof, and for in­creasing of the common profit, they ordained, and fully agreed; that a principal Court should be yearly held in the said Marsh, with­in xv dayes of the Feast of S. Michael the Arch-Angel, whereat one Bayliff, xij Skaw­ers, as also Collectors and Expenditors of the Scotts (or Assessments) should be chosen by the Lords of the Towns of the said Marsh, or by their Attorneys, for the safeguard there­of; which Bayliff to oversee the defects, and the xij Skawers to make Orders and Decrees, according to the Law and Custome of Rom­ney Marsh: and also, that every man, by lawful quantitie of his holding of common of Pasture and Fishing, within the bounds of the said Marsh, shall contribute by equal porti­ons to the reparation and maintenance of the Banks, Gutters, Sewers, Bridges, and all o­ther necessary things within the said Marsh, by the consideration of the xij Skawers; and that all the reparations of the said Banks, Watergangs, Gutters, and Sewers, be done as often as needeth; the costs whereof to be made and raised in this form; viz.

That every man that hath any land, sub­ject 2 to danger; be it neer or far off from the said peril, so that the said land may be sa­ved, or the owners have profit by the Banks, Watergangs, Gutts, and Sewers before-men­tioned, shall be contributory for their Lands and Tenements according to the proportion of their tenure; so that no man holding such Lands and Tenements under the form of af [...]re­said, shall be spared in that part, be he rich or poor, of what state, dignity, or condition soever, be he within Liberties or without: and in case any man be negligent in paying of his portion at a certain day ordained by the Skawers for repairing the said Banks, Gutts, and Watergangs; that then such men shall be distrained of their Goods and Cattell, wheresoever they be found, within Liberties or without, within the Precinct of the said Marsh, untill such time as they shall have duly paid their said proportions, with their Wanes; the which Wanes to be reserved to the profit of the Bayliff. And that the said distresses taken by the Bayliffs and the xij Skawers, shall be kept for three dayes; and if the owner be obstinate or negligent of his payment during that time; then that the said distress be sold and the mony reserved for the safeguard of the said Marsh against the vio­lence of the Sea.

And that the common Bayliff of the said 3 Marsh of Pevensey, who hath lands within the same, be chosen if it be profitable; but o­therwise that another be elected, by the assent of the Lords of the Towns of the said Marsh, or by their Attorneys, in sitting and holding of the Courts and Lasts at West Ham, or at some other lawful place within the bounds of the said Marsh, and within xv dayes of the Feast of S. Michael before-mentioned, year­ly, upon the summons of the Bayliff, except the said Bayliff, for some reasonable cause happen to be changed within the said year, and another be chosen in his stead.

And if the said Bayliff be present, at such 4 [Page 96] his election, and will not accept of that Of­fice, that then he shall be amerced by the E­lectors in xl ^s. which the succeeding Bayliff shall levy of his Goods and Catalls to the com­man profit of the said Marsh, and so forth­with a new choyce of another Bayliff to be made, who shall accept of that Office and take his Oath, and have for his labour the Wanes that fall in his time of the Scotts so assessed and levyed. And if the said Bayliff so cho­sen be hindred by any man, so that he dare not accept of that Office by reason of any threats; that then he which so threatneth him, or by any suggestion causeth him to decline that Office, shall be punished by the Electors, in such sort as the Bayliff himself should be, in case he refused the same Office.

5 And if the Bayliff be absent at the time of his election, that then he be distrained by the Bayliff of the Marsh his Predecessor, by all his Goods and Catalls, the which shall be pounded in certain places ordained by the said Electors, and there kept unto the time the said Bayliff go to the Constable of the Castle of Pevensey, the Abbot of Beg­ham, or Prior of Michelham, or to one of them, and make his Oath accepting of his said Office; whereupon he shall receive. Letters of him who hath so taken his Oath, sealed with his Seal, and directed to the Bayliff his Pre­decessor: And thus shall he do within six dayes after his election; and if he do not so, he shall then be punished as aforesaid, and forthwith a new choyce made.

6 And at this principal Last or Court, the common Collectors and Expenditors of all the general Scots before-mentioned, shall make their accompts before the Lords of the Marsh, or their Attorneys, if they be pre­sent, before the Bayliffs, xij Skawers, and the Commons of the said Marsh, which Ac­compts to be written and indented betwixt them, the Bayliff, the xij Skawers and all the Commons of the said Marsh; and so in like wise the Bayliff to make his accompts of such things as pertain unto him to account for.

7 And if any of the said xij Skawers make de­fault at the said Last, or principal Court, ex­cept they have a reasonable excuse, they shall be amerced in xij ^d. to the common work, to be levyed by the Bayliff. Likewise, if any of the Skawers dye, or be put out of his Office with­in the year upon any reasonable cause, that then another be chosen and put in the princi­pal Last or Court, by the Lords of the Fee, the Bayliff, the xij Skawers, and the wisest eldest and most discreet men of the Com­mons of the said Marsh. In like man­ner that election be made of the Collectors and Expenditors, so that they be not cho­sen of the before-specified xij. if any o­ther may be found able within the said Marsh.

And if any of the said xij Skawers, Col­lectors,8 or Expenditors be chosen, and will not make his Oath according to the said Or­dinance, that then he be amerced in xx ^s. to be levyed for the common work, as aforesaid: and after that another be forthwith chosen and sworn.

And moreover, if the xij Skawers be sum­moned 9 to come to the common or principal Last or Court, and there appear not above the number of four, whereby the Decrees and Awards for safeguard of the said Marsh cannot proceed for want of more; that then every person so absent shall be amerced in six pence, by ihe Bayliff and Skawers then pre­sent; which money shall be levyed by the Bay­liff, and be by him accounted for at the prin­cipal Court.

Likewise every man, singularly, of the said 10 xij Skawers shall swear, that he shall, with his fellows, make true Iudgements and Awards, not sparing rich or poor, neither of their Distresses, Banks, Landings, Watergangs, Sewers, Ditches, Gutts, Bridges, Nets, or o­ther impediments within the bounds of the said Marsh, but that the trespassers be puni­shed: and also that they in their proper per­sons be attendant on the Bayliff of the said Marsh, to take distresses, and to impound them for three dayes; and after that to prize and sell them, according to the Custome of Rom­ney marsh.

And the said Collectors and Expenditors 11 shall swear, that they shall truly cause to be levyed and Collected, as also expend and ac­count for, all manner of Scottis, by the Lords of the Fee, Bayliff and xij Skawers, or of the greater part of them: and so in this manner to be made and kept in all In-streams within the bounds of the said marsh, before the Lords of the towns, of what In-stream soever it be, if they be present.

Also the said Bayliff shall swear, that he 12 shall do true execution of all manner of Iudg­ments, Awards and Considerations, made and judged by the Skawers of the said marsh.

And likewise the said Bayliff, in proper 13 person, as also all Collectors and Expendi­tors, aswell of general Scottis, as of In­streams, [Page 97] shall swear and chardge them truly, to gather and expend the said Scottis, and thereof yield a true accompt. And the said Bayliff in his proper person shall oversee all Banks, Landings, Watergangs, Sewers, Guts, and Bridges as often as need is: And shall deliver to his successor in that Office, all manner of Evidences, Records, Payments, and Exemplifications, which contain the Cu­stomes of the Marsh; with all the Court-Rolls, Iudgements, Considerations and A­wards of his time, made by the Skawers and judged; with all manner of Accompts of re­ceipts and disbursments.

14 Furthermore, the Bayliffs Clerk shall have for his labour of the Commons of the said Marsh, vi ^s. — viij ^d.

15 Also it shall not be lawfull hereafter to any man to make Dams, Fords, set Nets, or any other impediments, in the Landings, Wa­tergangs, Ditches or common streams in the said Marsh, whereby the right course of the water may be letted: and if the right course of the water be hindred by any man in such manner as aforesaid, and testimony given thereof by the Bayliff and six Skawers, or the Commoners of the In-streams where the hurt was made; that the trespasser shall be amer­ced forthwith, according to the proportion of his trespasse, by the said Bayliff and the xij Skawers; which Bayliff shall levy the said Amerciaments to the common benefit as a­foresaid.

16 And if any other man than the said Com­mons be damaged in like sort, and testimony made thereof by the said Bayliff and six Skaw­ers; recompence of the same shall be given, and the harms amended to him that is so wronged, according to the discretion of the Bayliff and the Skawer.

17 Likewise every Scot assessed shall be pro­clamed in certain places; and dayes of pay­ment assigned, where and in what place they shall be paid, so that those that are assessed may have no excuse, but that payment be du­ly made at the day prefixed.

18 Moreover, every acre of land, lying by the said Walls and Watergangs, where Guts or Floudgates ought to be made, shall be bought for xl ^s.

19 No man shall take away from the common work, any Labourer or Workman, to his own private imployment, untill such time as the said common work be finished: and if any man shall do contrary to these Ordinances, he shall be amerced in the common Last or Court, by the Bayliff and the Skawers, in x ^s. to be levied by the said Bayliff, forthwith, to the com­mon profit, as is before expressed.

Also, that all manner of In-streams, by 20 whose Lands or Tenements soever they go, be kept in such sort that the water exceed not it's right course, to the damage of any man; upon penalty of the value of such trespasse, to be le­vyed by the said Bayliff of the Marsh and six Skawers.

And if any man do make an assault, or re­scue 21 against the said Bayliff and the xij Skaw­ers, or against any of them, or their servants, for the taking of distresses, or for any other manner of Article appertaining to the execu­tion of their Offices, for the common profit, according to the Ordinance before-specified; that then the said trespassor shall be amerced by the Bayliff, and six or eight of the xij Skawers, in xx ^s. which shall be levyed by the said Bayliff to the common work.

Lastly, it shall be lawfull to the said Bay­liff 22 of the Marsh and the xij Skawers, during their term, to distrain the trespassers by their amerciaments, for all manner of Articles be­fore rehearsed; and to keep the distresses three dayes, except the owner pay what is due within that term: And if he so do, that then it shall be lawfull for the Bayliff to sell the said distresses, and keep the money unto the common profit of the said Marsh.

In 4 H. 4. the same Thomas Erpyngham, and Prior of Michelham, Will. Bren­chesle, and others, had the like Commis­sion Pat. 4 H. 4. p. 2. m. 27. in dorso. for those Banks within the Precincts of Batesford, Asheburneshammesmylie, and Goddyngeshavene; and to act therein according to the Law and Cu­stome of this Realm. Before which Commissioners the Jury presented Ex bund, de Brev. & Re­cordis, Wallia [...] &c. tangentibus, temp, H. 4. n. 13. up­on their Oaths, that the common Wa­tercourse, betwixt Asheburnehames­myll and Batesford, to Godyngesha­vene, was so obstructed, by sand, mud, grasse, and other filth, that three thou­sand seven hundred eighty and three A­cres of land were by this stoppage of the course of the fresh waters, drowned: & that it would be necessary & profitable for the safeguard & restoration of those lands, that the common current from Morespi­cheswalle to the Mark dyke, were new­ly clensed, which contained six furlongs, by estimation, and might be scoured for xij Marks. Which Chanel all the Land­holders as well above Borham bregge, as Rokland, Morhale, Hoo, Ladyland, [Page 98] Cralle, and of the Land of Christian atte Mershe, ought to make, clense, and scour.

And they also said, that the current from Markdyke, to Pevenese bridge, contained in length xiij furlongs, which being then likewise filled with mud and sand, by the ebbing and flow­ing of the tides, might be clensed and scoured, according to their estimation, for xl ^l. And that there was need of a new Sluse at the said Pevenese bridge, in length xx foot, in bredth xiiij, and in height four foot; which might be made for x ^l. by estimation: to the scouring of which Chanel and making the Sluce, all the Land-holders, above Borham bregge, in Brodewyshe and Corn­broke, ought to make full contribution: and the Land-holders above Tonleghe­bregge to Condennesbregge, half con­tribution, according to the proportion of their lands. And likewise, all the Land­holders, on the South side of Morespi­cheswalle, half contribution, according to the quantity of their said lands: And that all the Land-holders in the marsh of Mankesye, Bestenovere, Marchalls, Bakers, and Wykham, to contribute for the purposes abovesaid, a fourth part, for this present occasion; but not to be claimed as a due, in time to come. And they farther said, that it would be neces­sary and profitable for all the Land-hol­ders aforesaid, and for the security of Pevense Haven, that all the Banks on the other side, upon the Saltes, from Morespicheswalle to the Sea, should be broken and taken away, without any impediment of the Tenants of those Banks.

And they said moreover, that if the said Port of Pevenese, had not been stopt up with mud and sand by the ebbing and flowing of the Tides, so that the fresh water, from the said Sluse could not have it's course; then would it have been needfull, that the said Sluce should be pulled up, and set down anew, at Wylde­mershe, betwixt the Sluce of Hoo, and the Sluce of Mankeseye; and that a new Sewer should be made from the said Sluce so placed anew, through the midst of the Lands of Iohn Aske, unto the Ko­kyr of Mankesye; allowing for the Land of the said Iohn Aske, according to the Law & Custome of Romene marsh.☞

Also they said, that it would be neces­sary and beneficial for the Abbot and Covent of Begham, for his lands at Roklond, that they and their successors have one little Sewer, with a bolt, fast­ned, under the common Water-course into the Brook of Hoo, for evacuation of the dead water, arising from rain and springs in the said grounds of Roklond, and this to be made at their own proper chardges. And the said Abbot and his successors, to maintain the said VVater­course, from that bolt called Morespi­cheswalle, at their own proper chardges. And if the said current, through the in­crease of the water, should go out of it's course, by the neglect of the said Abbot or his successors, that then it might be lawful for the Tenants of Hoo to shut up the said bolt, untill he the said Abbot and his successors did make full satisfacti­on to the said Tenants of Hoo, for their losses therby occasioned.

And the said Jurors did likewise af­firm, that it would be necessary to have one Bayliff, one Collector, one Expendi­tor, and other Id est Ju­rats. Skawers of the most sufficient land-holders, who might have power to do all things therein, according to the Law and Custome of Romene marsh; and to make new Ordinances of Pevense marsh, and to return them into the Chancery, to be exemplified with the said Kings great Seal: so that if the said Sewers or Floudgates should be so re­paired, they might have benefit and full safety thereby. And that in case a pro­per remedy were not the sooner had therein, an inestimable losse would be like to happen, within a very short time.

VVhereupon there was a Precept issu­ed out, both to the Constable of Dovor Castle, or his Lieutenant, and to the Shi­reeve of Sussex; that both of them should give warning to all and every the land-holders of the Tenements within those Towns, to appear before the said Commissioners, at Marchalleswalle, neer the ......... of Pevense upon the Thursday being the Eve of S. Margaret the Virgin, then next ensuing, to shew what they could say for themselves, why they ought not to be chardged with the performance of those repairs, according to the proportion of their holding, and form of the said Inquisition; and to do [Page 99] and undergo what the Kings Court should further appoint in that behalf.

And accordingly Iohn Colbrond was e­lected to the O [...]fi [...]e of B [...]yliff, and sworn to act according to the Custome of the Marsh; And Richard Palmere to the Of­fice of Collector and Expenditor, and sworn as aforesaid: And Thomas Col­brond, William Bulke, and others, to the Office of Skawers, and sworn likewise to undergo that Office according to the Law and Custome of the said Marsh.

At which day, the said Lieutenant to the Constable of Dovor Castle, made his return to the before-specified Prior of Michesham, and his Fellow Justices, that he did summon Iohn Aske, Robert Redyng, with divers others, to appear be­fore them: and likewise the Abbot of Begham. But the said Iohn Aske, and many others, appeared not. But Iohn Wodelond, and some others who did ap­pear, were ready to contribute to those repairs &c.

In 8 H. 4. Sir Iohn Dalingrugge Knight, George Ballard, Stephan Bettenhamme, Will. Snayth, Henry Horne, and others, were constituted Pat. 8. H. 4. p. 2. m. 5. in dorso. Commissioners for the view and repair of the Banks upon the Sea-coast, from a certain place called Blak­wose, in Kent, unto Rye, in this Coun­ty, and the coasts of the water, called Apoldreflete, from the Sea to Bodi­hamme, on both sides the said water; which at that time were much broken with the Tides: And to perform all things therein, according to the Law and Custome of England, and the Custome of Romeney Marsh.

And the next year following, the same Sir Iohn Dalingregge, Sir Iohn Pelham Knight, Robert Oxenbrigge, Iohn Hall the elder, and Iohn Hall the younger, had the like Commission Pat. 9 H. 4. p. 2. m. 21. in dorso. for the Banks up­on the Sea-coast betwixt Hastynges and Boxle, within the Parishes and Towns of Wyltyng, Holyngton, Boxle, Crowherst, Hastynges and Bulwer­hythe; and to transact all things therein according to the Law and Custome of this Realm.

In 2 H. 5. upon an Inquisition taken before Thomas Erpyngham Constable of Dovor Castle, Will. Brenchesle, Robert Oxenbrigge and others, for the view and repair of the Banks betwixt Farleghe in this County, and Apul [...]re in Kent; the Jurors presented E [...] bund. de Brev. & Recor­d [...], W [...]l [...]i [...]s &c. tang [...]nti­bus, temp. H. 5. n. 17. upon their Oaths, that there was a certain small M [...]rsh, neer unto the Town of Rye, within the liberty of the Cinque Ports, called S. Mary Croft, containing by estimation xlviij acres of land, which could not be well defended against the force of the Tides, except an old Gutter therein were stopt up. And they said, that it would be necessary and profitable for the preserva­tion and clearing of the said Marsh, that there were a new Gutter and Sewe [...] made, beyond the bank of the said marsh, and the land of Iohn Chitecrofte, in a cer­tain Marsh, called Corboylesmarshe, containing...........about a quarter of an acre of land; and so to passe into the Water-course coming from Leve­shameswall, unto the Sluce at Melfl [...]t. All which said work, viz. the stopping up of the old Gutter, and making of the new Sewer and Gutter, might be performed, as they estimated it, for xij ^l.

And they farther said, that the Land-holders of the said Marsh called S. Marie Croft, should pay to the said Iohn Chite­croft, for the said land, according to the Custome of Romeney marsh,☜ for eve­ry Acre xl ^s. And they likewise said, that the said Land-holders should be ly­able to make contribution, for their por­tions, towards the diverting of the VVa­tercourse in Curboylesmarshe, for the maintenance of the Sluce there; and the Bank beyond the said Sluce, not taxed; as also to the making of the new Sewer in Curboylesmarsh, when occasion should be; viz. for every Acre of theirs, as the Land-holders of Curboylesmarsh for theirs: which water so diverted, was not to the hurt or damage of the said Marsh, called Curboylesmarshe: And therefore the Maior and Bayliff of Rye had command, that they should sum­mon the said Iohn Chytecroft, to appear before the Lieutenant to the Constable of Dovor Castle, at Rye; upon the Wednesday next before the Feast of the Nativity of the blessed Virgin, to shew &c. As also the land-holders of the said Marsh, called S. Mary Croft. VVho se­verally said, that they could not gainsay, but that they were obliged to make con­tribution according to the Inquisition a­foresaid: And likewise the said Iohn [Page 100] Chitecrofte, who said nothing thereto. Therefore it was decreed, that the said new Gutter and Sewer beyond the said Bank, and over the land of the said Iohn Chitecrofte, should be made, according to the purport of the said Inquisition; and that the said Iohn Chitecroft should have for his said land, according to the Cu­stome of Romeney marsh,☞ x ^s,

In 3 H. 5. Sir Iohn Pelham Knight, Ri­chard Wakeherst, Robert Oxenbrigge, Vin­cent Fynche, Adam Iwode, and Will. Mar­chaunt were constituted Pat. 3. H. 5. p. 1. m. 17. in dorso. Commissio­ners for to view and repair the banks &c. betwixt the Towns of Pesemersh, Rye, Farlegh, and Pette: and to do all things therein according to the Custome of the Marsh, and the Law and Custome of this Realm. So also in 9 H. 5. had Pat. 9 H. 5. p. 1. m. 13. in dorso. Robert Oxenbrigge, Henry Hoorne, Iohn Halle junior, Will. Cheyne and Adam Iwode, for those betwixt Ashewalle, and the course of the Sea-water, running from the town of Rye to Appuldre and Body­am, in the Towns of Wytresham and Stone, in Kent; and to Idenne, Pese­m [...]rshe, and Bekkele, in this County; and to do all things therein according to the Custome of Rumney Marsh, and the Law and Custome of Eng­land.

The like Commission, the same year, had Pat. 9 H. 5. p. 1. m. 13. in dorso. Robert Lord Poynings, Thomas Prior of Lewes, Iohn Preston, Sir Iohn Pelham Knight, Iohn Darell, and others, for those betwixt Flecchyng and Seford, on the Sea-coast: and to perform all things therein according to the Custome of the Marsh, and the Law and Custome of this Realm. So also, the same year, had Ibid. Sir Iohn Pelham Knight, the Prior of Michelham, Robert Oxenbrigge, Adam Iworde, Iohn Nelonde and Iohn Halle, for those betwixt Hastyngs and Boxele, in the Towns of S. Leonard, Holyngtone, Wyltynge, Bexele, Croweherst, and Bulwerhithe; and to proceed therein as abovesaid. The like had Ibid. Will. West­bury, Robert Oxenbrigge, Iohn Hall, Richard Wakehurst; and others, for those betwixt the Parish of Berghestede, on the west part, and the parish of Felgham on the East; and from those Parishes, to We­stregate: and to do all things therein, as abovesaid.

So also in 1 H. 6. had Pat. 1 H. 6. p. 1. m. 30. in dorso. Sir Iohn Pel­ham Knight, the Prior of Michelham, Robert Oxenbrigge, and oth [...]rs, for those Banks betwixt Hastyngs and Bexele, as abovesaid. And the like had Robert Lord Ponynges, Thomas Prior of Lewes, Iohn Preston, Sir Iohn Pelham Knight, and others, for those betwixt Flecching and Seford; and to proceed therein as a­bovesaid.

But in such sort did the said Sir Iohn Pelham and his Fellow Commissioners proceed therein; that, in 6 H. 6. upon information Pat. 6 H. 6. p. 1. m. 6. in dorso. made to the King, that they had, by colour of that Commission, raised certain new Banks, which did so obstruct and hinder the antient course of of those fresh waters, that had used to run, betwixt the said towns of Hastyngs and Boxle, by certain Sewers and Tren­ches to the Sea, that much land was thereby drowned; the said King assign­ed Pat. 6 H. 6. p. 1. m. 6. in dorso. the Abbot of Bataille, the said Sir Iohn Pelham Knight, Sir Roger Fenys Knight, Adam Iwode, Iohn Corffe and o­thers, to view the same, and to take such course for the rectifying thereof, as should be consonant to the Custome of the Marsh, and the Law and Custome of this Realm.

In 10 H. 6. Humfrey Duke of Glouce­ster, Sir Thomas Echyngham Knight, Iohn Halle, Will. Fynche, and others, were ap­pointed Pat. 10 H. 6. p. 1. m. 1 [...]. in do [...]so. to view and repair the Banks betwixt Farlegh in this County, and Derlandes Knokke in Kent; and to make Laws and Ordinances therein ac­cording to the Custome of Romeney Marsh: As also to imprest so many La­bourers, upon competent wages, as there should be cause for to imploy in that work; considering the great necessity of expedition therein. The like appoint­ment Pat. 12 H. 6. [...]. 1. m. 24. in dorso. in 12 H. 6. had Iohn Earl of Huntendon, Robert Prior of Lewes, Sir Robert Poynings, Sir Thomas Echyngham, Sir Thomas Leukenore Knights, Iohn Da­rell, Richard Wakehurst, and others, for the Banks betwixt Flecchynge and Se­ford, upon the Sea-coast; and to pro­ceed as abovesaid; as also to imprest such and so many Labourers, upon fitting wages &c. as abovesaid. So also in 21 H 6. had Pat. 21 H. 6. [...]. 1 m. 3. in dorso. Edmund Mille, Will. Sidney, Iohn Leyle, Iohn Wode, Richard Dalin­grugge Esquire, and Will. Breys for those betwixt the Parish of Berghstede on the VVest part, and the Parish of Folgham on the East; and from those parishes [Page 101] extending to Westgate: And to do all things therein according to the Custome of the Marsh, and the Law and Custome of this Realm.

T [...]e next year following, had Sir Rog. Fenys Knight, Richard Dalyngrugge Esquire, Iohn Faukes Clerk, Iohn Denysh Esquire, Edmund Mille, and Adam Iwode the like Commission Pat. 22 H. 6. p. 1. m. 17. in do [...]so. for those banks &c. betwixt Hastyngs and Bexele, with­in the Towns of S. Leonard; Holyng­tone, Millynge, Bexele, Croweherst, and Bulwerhithe; and to proceed therein as the last Commission direct­ed.

In 33 H. 6. Richard Abbot of Ba­taille, Will. Westbury [...] Provost of Eton College neer Windsore, Iohn Faukes Clerk, Thomas Hoo Esquire, and Barthol­mew Bolney were assigned Pat. 33 H. 6. p. 1. m. 17. in dorso. to view and repair the banks &c. within the Precincts of Batesford Ashburnehammesmille, & Godyngeshaven; & from Pevenese bridge, to Newestclewes of Waltersha­ven; and from Newestclewes, by the Sea, to the point of Godyngeshaven; and from the point of Godyngeshavene to Romestrete; and from Romestrete to Bellamsgutte; and from Bellams­gutte to Densexgote; and from Densex­gote to Pykeledbrigge; and from Pyke­ledbrigge to Swynesham brigge: and to act therein according to the Law and Custome of Romeney marsh.

Several other Commissions there were, in this King's time and afterwards; in all which the Commissioners were directed to proceed according to the Law and Custome of Romeney marsh; viz. in 34 H. 6. to Pat. 34 H 6. parte unica m. 23. in dorso. Sir Richard Fenys Knight, Thomas Echyngham, Richard Da­lyngregge, and Iohn Passele Esquires, Bar­tholmew Bolney and Martin Oxenbrigge, for the Banks betwixt Sedlescombe­bregge, in the Parish of Sedlescombe, on the VVest part, to Snaylham; and the place called the Pyke, in the Pari­shes of Brede and Gestlyng, on the East part, on both sides the common Watercourse, betwixt the said Town of Sedlyscombe and Wynchelse.

In 36 H. 6. to Pat. 36 H. 6. p. 2. m. 4. in dorso. Sir Richard Fenys Knight, Sir Roger Leukenore Knight, Ni­cholas Huse, Thomas Hoo, Barth. Bolney, and others, for those from Coleworthe to Fleghambrigge, and thence to the Sea.

In 37 H. 6. to Pat. 37 H. 6. p. 1. m. 17. in dorso. Sir Iohn Pelham Knight, Thomas Echyngham, Henry Hall, Robert Oxenbrigge, and Iohn Copeldyke Esquires, Bartholmew Bolney and Martin Oxen­brigge, for those betwixt a place called Fodyr, and the Town of Wyn­chelse.

In 3 E. 4. to Pat. 3 [...]. 4. m. 8. in dorso. Sir Roger Leukenore Knight, Will. Sydney, Iohn Ernely, Thomas Tawcke, Humfrey Hewester, and Iohn Go­ryng, for those Banks from Coleworthe to the Sea.

In 5 E. 4. to Pat. 5. E. [...]. p. 1. m. 23. in dorso. Sir Thomas Echyngham Knight, Barth. Bolney, Henry Halle, Rob. Oxenbrigge and Will. Baker for those from Yham, in the Parish of S. Leonards; and from Yham to the Lands called Cregge, and the Lands of Iohn Fynche.

In 6 E. 4. to Pat. 6 E. 1. p. 1. m. 15. in dorso. Sir Roger Leukenore Knight, Nich. Huse Esquire, Iohn Fuyst, Iohn Goryng, Will. Ernele, and others, from the water of Coleworth to the Sea. And in 14 E. 4. to Pat. 14. R. 4. p. 1. m. 10. in do [...]so. Sir Iohn Fogge, Sir Iohn Scotte, Sir Will. Haute, and Sir Iohn Gilford Knights, Iohn Elryngton, Iohn Bru­aston, Henry Auger, Will. Belknap, and Robert Oxenbrigge Esquires; Barth. Bol­ney and others, for those betwixt Ro­berts brigge, in this County, and the Town of Romeney in Kent.

In 17 E. 4. upon an Inquisition Esc. 17 E. 4. n. 70. taken at a place called Dencourt's marshe, the Friday next after the Feast of the Na­tivity of S. Iohn Baptist xvij E. 4. before Sir Thomas Echyngham Knight, Henry Au­cher, Gervase Horne, Robert Oxenbrigge, VVill. Belknap, Henry Belknap, Iohn Brad­ford, Iohn Copeldyke, Iohn VVody, and Tho­mas Oxenbrigge, Commissioners to view and repair the Banks, betwixt the River of Apildoure, to Rye, on the West part; and thence to the Wall, called Fresh walle, on the East part; and the Wall of the Monks of Christs-Church in Canterbury, called Newe Walle, as far as the lands belonging to the Abby of S. Augustines did reach, on the South part: the Jurors did, then and there, present upon their Oaths, that it would be very necessary and profitable, for the safeguard, amendment and clearing of the said Marsh, and prevention of drown­ing to that part of the Country adjoyning thereto, that there were a new Bank made from the said VVall, called Newe Walle, by the Chanel leading from [Page 102] Apyldore to Rye, and to the said water, called Moreflete; and thence to the said place called Freshe-walle, as far as the lands then belonging to the Abby of S. Augustines did extend. And that the said Bank should be in length from the said VVall, called New Walle, unto More­flete aforesaid; and thence to the said place, called Fresh Wall, upon the flat Marsh, MCCiiijxx. Rods and an half; and in Crekes and Flets Lxix Rods. And they say, that every Rod of the said Bank, upon the plain Marsh, might be made for two shillings and four pence; and every Rod in the Crekes, for xi ^s.

And they farther said, that within the same Marsh, by the making of that Bank, there might be saved from the o­verflowing of the Tides, MCCCCxij A­cres of good Marsh; of which number Miiijxx. and two Acres were in Kent, and CCGxxx. Acres in this County: and that all the said Acres, in both Coun­ties, did lye together, and contigious to the bounds of those Counties, and adjacent to the said Marsh; and that no one Acre could be conveniently taxed to the making of the said Bank, without the other; the assessment of them having been so, time out of mind: whereof were Tenants, the Abbot of S. Augustines in Canterbury, the Prior of Christs-Church in Canterbury, Sir Iohn Elryngton, and Sir Iohn Scott Knights, Iohn Engham, Thomas Ian; the heirs of Iames Marshall; the heirs of Robert Marshall; the VVidow of Stephan Dene; the heirs of Thomas Thurder, and Robert Fermor. Of which, the Abbot of S. Augustines a­foresaid, was seized, in the right of his Church, in his demesne as of Fee, in the said Marsh, in Kent, of CCij. Acres; the Prior of Christs-Church, of Ciiijxx. and xvi Acres. Sir Iohn Elryngtone Knight, of Dxxxiij Acres; whereof CCLvi Acres in this County of Sussex. Sir Iohn Scott Knight, of Lxxiiij Acres, in this Coun­ty; whereof VValter Roberd claimed a part, but how much, the Jurors knew not. Iohn Engham of Lix Acres and one Rode, of that part which lyeth in Kent: Thomas Ian of xix Acres and an half of the like: The heirs of Iames Marshall, of half an Acre and a Rode: The heirs of Robert Marshall of viij Acres and a Rode: The VVidow of Stephan Deine of two Acres and a Rode: The heirs of Thomas Thunder of xxiiij Acres; and Robert Fer­mour of xxxvi Acres; all lying in Kent.