The following text is scanned from an original with various ‘olde’ features – fs for ss etc. There are inevitably many mistakes. It is however a most important work on the subject, despite its age.
Dugdale William. The history of imbanking and draining of divers fens and marshes, both in foreign parts and in this kingdom, and of the Improvements thereby. 1662
Chapter 13, pp.59- 60.
Now to the permanent marshes in this country, which are ordered by the King’s letters patent of the 10th of April, at before, constituted commissioners for “Care of the banks, ditches etc.. of safeguard of those, from the overflowing of the tide at The Flete,, Greenwich. And not long after this (for it was in February ensuing) John de Ifeild, the very same marshes had the need to apply speedy remedy for their repair.
In 15 ELI Robert invested, John de-Merton, and Robert de Shele had the assignments for the view off a certain breach then newly made in the bank betwixt Greenwich and Woolwiche, by the violence of the tides and to provide for the sudden repair thereof. And the next year following Robert de Shele, and Robert de Swaleclyve, were made commissioners for the view and repair of those about Greenwich, and the marshes adjacent. Were another breach betwixt Greenwich and Woolwiche, Robert de Bardelby, Will ae Leycestre, Robert de John de Merton, were appointed to view the same; and those persons, through whose default it had happened, to the making good thereof; for there enjoining them that if they should find the persons, through whose neglect came, not able-to repair it speedily as that the damage and peril which would be occasioned thereby, might be prevented- then that they should distrain all those which ha lands and tenements in those parts who might have safe guarantee the making up of that “breach, to the end that they should contribute there- Within two years after, the king .being Informed of another breach in the bank above Greenwich, 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 happened, to the great damage of all those that had lands there; did assign Adam de Bon, William de Leycestre, Laurence de Rustyngton, and Robert de Kelleseye, or any three or two of them to view the said breach, and all other defects in those banks, which by reason of the floods had happened, and to enquire by the oaths of honest lawful men, of this country, upon whose land the said breach first began, and through whose default; and who ought to repair and maintain the said banks; and also how and in what sort; and likewise what other persons had lands, tenements, or common pasture in those marshes, and had or might have defence and safeguard by the same banks in any sort. And moreover, with the bailiffs of the liberties, to distrain all those through whose default that reach had so happened, and who were obliged to the repair and maintenance of that bank.
Within two years after, the king being informed of another breach in the bank above Greenwich, 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 happened, to the great damage of all those that had lands there; did assign Adam de Bon, William de Leycestre, Laurence de Rustyngton, and Robert de Kelleseye, or any three or two of them to view the said breach, and all other defects in those banks, which by reason of the floods had happened, and to enquire by the oaths of honest and lawful men, of this country, upon whose land the said breach first began, and through whose default; and who ought to repair and maintain the said banks; and also how and in what sort; and likewise what other persons had lands, tenements, or common pasture in those marshes, and had or might have defence and safeguard by the same banks in any sort. And moreover, with the bailiffs of the liberties, to distrain all those through whose default that breach had so happened. 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 liable to the repair thereof, were not able to perfect the work with that haste as the case required; that then for the avoiding of greater damage and mischief to compel all such persons, who had or might have loss thereby to contribute thereto, for that present time; every one service of others.
To Hl III Will de Horton, Richard de Birton, Thomas de and Hertford those betwixt Greenwich and Plumstead. To allow the said Will Halden, Nich Heryng, Will Home and Will Rikhill, Richard Muriel Thomas Erdungton the marsh law.
In 5 H. IV. Will Brenchesle, Nich Carreu, Will Mckenade, Will Askham, Robert Oxenbrigge, and Thomas Remys, had the like appointment for those between London Bridge and Greenwich; and to proceed therein according to the custom of Romney Marsh and the law and custom of this realm.
And in 8 H.IV Sir Arnold Savage knight, George Ballard, Richard Clitheroe, Stephan Bettenhumme, John Martyn, Will Elys, Will Notebem, and Thomas Ikham, were constituted commissioners, as aforesaid, for the view and repair of those banks, etc., lying betwixt West Greenwich and St. Margaret’s at Cliffe and to proceed therein according to the law and custom of this realm, and the custom of ancient time used in Romney marsh.
In 10 H.IV, Sir John Oldcastell knight, George Ballard, Richard Clyderhowe, John Martyn and John Urban, were constituted in like sort, for the view and repair of those banks, etc., situate betwixt Greenwich and Deptford, and to perform all things concerning that business, according to the marsh law then used, and the law and custom of this realm.
And in 12 H.IV. The said Sir John Oldcastell, John Martin, Urban, John ICrepen, John Weston, Walter Roo, and James Dyng; for those betwixt Northflete and Greenwich; and to do all things therein according to the law and custom of England.
In 14 E. IV. Sir Edward Kevill, of Bergenny, knight, John Abbott of Bermondsey, William Abbot of Lesnes, Will Hatted John Bromstone, John Grene, John Barn, Roger Applitone, Rob. Ballard, and John Alfegh, were constituted commissioners for viewing and repairing the banks from West Greenwich to Gravesend and to proceed in all things tending thereto, according to laws and customs of this realm, and the custom of Romney marshes.
And in 37 H.VIII. upon like complaint made in parliament, tithe marshes, called the Marshes, and Combe Marshes, in the parish of East Greenwich were often in peril of overflowing through the neglect of some persons chargeable with the rep of these banks, which had anciently been raised for their preservation from that danger; it was also enacted, that all every such person and persons, as then were, or which thence forth should be owners of the said marshes, or of any parcel thereof, should at all times after the end of that session parliament, pay and be contributory, towards the reparation the said marshes, from time to time, after the rate of the air as other owners had before that time been charges: 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; which behalf, to distrain the goods and chattels of such persons all should refuse to pay after such rate; and the same distress to retain, keep, and use, according to the laws of Romney marsh, in such behalf, of ancient time used. Thereunto amended and the said part near, called Wanys, together with lofold, believe the land bailiffs to their own use. And having now done with these laws and ordinances before specified, I shall lay -no more I concerning this part of Kent.
19 E. IV. The king by his letters patents, dated at Obvnne, 7° June, 1 JI read to Thomas Archbishop of Canterbury, Cardinal of England, Will J Prior of Christ Church, in Canterbury, -Richard Prior of Hoi-tone, Robert Prior of Billyngstone, William Master of God’s house in Dover, Sir John Fogge, Sir William Haute. Sir John Scott, knt,. Will. Cheyne, John Broomfton, Hen. Horne, Gervase Hoorne, John Fyncux, Vincent Fynche, Rog Brent, Will Brent, and John Netherfole, constituted them commissioners for the view and repair of the banks, &c. from Appledore to Canterbury; and from Canterbury to Fulftone then ruinous by the violence of the sea. And to make laws and ordinances for the fame, according- to the laws and customs of Romney marsh. And lallly,. to take so many diggers and other labourers to be employed therein, upon competent Salaries, as should be thought requisite, in respect of the urgent and instant necessity of the work.
CHAP. XIII. I now come to the remnant marshes in this county, which are those that border on the river Thames: concerning which, the first mention that I find, is in 8 E. II. John Abel, and John de Hontone, being then, by the king’s letters patents, dated the 10th of April, at Wyndfore, constituted commissioners for to view and take order for the repair of the banks, ditches, &. for the fate-safeguard of those, from the overflowing of the tide-, which lie betwixt Dartford, etc, and Greenwich. And not long after this for it was in February ensuing John de Ifeld, John de Hortone, and Wm. de Northo, had the like commission for the very fame marshes.
In 3E.IL John de Evredon and John Acll were also appointed to the broken bank, before and London End and to find remedy for their repair.
In 15 E 11. Robert de Bardelby, Wdl de Leicester, John de Merton, and Robert . KelTefteve, had the like alienations of a certain breach then newly made in the bank betwixt Greenwich and Woolwiche, by the violence of the tides; and to provide for the ?sudden repair thereof. And the next year following Robert de Amele, and Robert de Swatedyve, were made commissioners for the view and repair of Sofe about Greenwich, and the parts breached betwixt Grewicheche, Robert de Bardelby, Will. De Leyceftre, Robert de Kellefey, and Tol de Merton, were appointed to view the same; outfall and: perforce, through whole default it had opened, to the making good thereof, farmer enjoining them, that if they should find the persons through whose it came, not able to repair it so speedly that the damage and peril, which would be occasioned thereby, be prevented; that then they Sold them all those lands and tenements, in those parts, have safeguard by up of that breach, to the end that they should contribute thereto.
When two years after, the king the bank above Greenwich, towards Bermondfeye; which, through the violence of the frequent tides, and neglect some persons, who were obliged, in respect of their lands in the adjacent marshes, to have made good, upon all occasions; had then newly happened, to the great damage of all those that had lands there did assign Adam Depatbrom, William de Leyceftre, Laurence de Ruftyngton, and Robert de Kellefeye, or any three or two of them, to view the said breach, and all other defences in those banks, which by reason , of the floods had happened ; and to enquire by the oaths of honest and lawful men, of this county, upon whose land the said breach began, , and through whose default; and who ought to repair and maintain the said,, banks ; as also how and in what fort; and likewise what other persons had if lands, tenements, or common or pale in those marshes, and had or might. Save defence and safeguard by the said , ‘sinks’ in any sort. And moreover, the bailiffs of the liberties to distrain all those through whose default that breach had to happened, 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 would to all about, that those persons to liable to the, repair thereof, were not able to perfect the work with that haste as the case required; that then, for the avoiding of greater damage and mischief to compel all such persons, who had or might have lots thereby, to contribute thereto, for that perfect time; every one according to the proportion, or 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, to as retribution might be made to those who had contributed there being not obliged, with all speed, that could be
After this, divers years, viz in 10 v HI I find that Henry de Secheford. Reginald del Dyk, and John de Hey were appointed commissioners, near Greenwich, to repair the sluices thereof where need would be.
And in 27 E. III. Otto de Grandifone, Thomas de Lodelowe, Simon de Keg-worth, and Will. de Roderham, were assigned 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 ; for as much as, by that obstruction, the corn sowed in those marshes was all 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 Vaphan, Richard de Bhton, Thomas de Ludlowe, John de Dielmileton, and Simon de Lee, were appointed to oversee the banks betwixt Greenwich and Plumstead, and to take order for their repair whose commission bears date the 7th of May and upon the 25th of the same month such was incumbent the king issued out another comrmmori unto Will Stury, Simon atte Lee, and Roberte Byfhell, requiring them to take do in and impress such and to many labourers, as well within liberties as without, for competent wages, as they mould have need of, for the repair of those banks, ditches, and sewers, between Greenwich and Plumstead a foresaid; provided that such labourers were not then employed in the said king’s own work, nor retained in the service of others. In the next year ensuing, Otto de Grandifone, Will de Waure, Richard de Stone, and John de Rous were appointed to view the banks and ditches adjoining to the marsh of Stone, then ruinous, through the violence of the tea, and neglect of the land-holders therein.
In 3 1 E. III. Will. de Notion, Richard de Birton, Thomas de Lodelawe, Thomas Moryz, and Simon de Keggeworth, had the like appointment ; concerning those banks, lying betwixt Greenwich and Dertford.
So also I .in 34 E. III. Said-John, the son of Sir John Cobham, knight, John the son of Sir Ralph Cobham, knight, and others, for the view and repair of a certain, breach of a bank near Stone, whereby a great part of the marsh of Stone, and the adjacent parts, were overflowed and drowned by the tides.
In 30 im. Thomas Lodelowe, Will de Holdone, and some others, had common in like sort for the view part and repair of those betwixt Greenwich and Plumstead.
And in 40 E. III. John de Cobham of Kent, Thomas de Lodelowe, Thomas Morice, John Dyngeleye, and pat 4 others, for those in the marines of Dartford and Eard: wherein they were required to proceed according -to the marsh-law.
In 42 E. III. Simon de Kegworth, Richard de Norwiz, Robert de Eareth, and others, for the banks betwixt Woolwich and Eareth; and to do all things therein, according to the law-and custom of this realm -‘And in the same ‘ year, the before- specified John de Cobham of Kent, Thomas de Lodlowe, and Roger Godcheftre, for those in the marshes of Dartford and Eard. So likewise the next ensuing year had the same John, and Thomas, with Will de Halden, and others, for the banks in the marches of Dartford and Stone; and command to hear and determine all things therein, according to the marsh law.
In 47 E. III. the Abbot of Lesnes, Sir Thomas de Lodelawe knight, Simon de Kegworth, and Will de Home, IIL had commission. to view and repair those banks, &c betwixt Plumftede marsh, and the marsh of Lesnes. The next year following John de Whitwell, John Chertfeye, and John Wroth junior, had the like commission, to take view, to the repair of divers other banks, &c. in several places bordering on the before-specified river Thames. And in the same year Will de Haldene, Roger Dygge, Thomas de Shardelowe, and Nich Heryng, for those in the marshes of Dartford and Stone. Sohkewich and Will Halden, Adam de Bury, Nicholas Heryng. and Thomas Shardelowe, for the banks, &c. betwixt Hecham and Darrford.
In 1 R. II. the said Will Halden,- Nich. Heryng, Will. Home, and John Tendre, was assigned to view and take order for the repair of those betwixt Dartford and Greenwich: wherein they had direction to proceed according to the marsh law. And the next ensuing like alienation for those banks, betwixt Combe and West Greenwich.
3 R. II. Robert Bealknap, Nich Ring, Thomas Illefton, and Robert Sle, had the like for those betwixt Greenwich and London Bridge.
So in 6 R. II. John Cobham, Robert Bealknap, John Philippot, John Emyngham, Henry Vannere, Will enchelle, Thomas Shardelowe, and Hereford, for those in the marshes of Dertford and Stone; and to hear determine all things therein according to the marsh law.
And in 8 II. Sir Will. Walworth knight, Rob Walbelton, Roger Ashburnham, John Oliver, and Will Brynchelle, and the like alienation for those betwixt Greenwich and London Bridge also had Sir John Fallefey knight, Roger Ashburnham, Will Staunde; citizen of London, Thomas de Skeln, Will Bronchiole, and John Olysr; and to proceed therein, according to the law of the marsh, and the laws of this realm.-
I In 16 R. II. Sir John de Cob: – knight, Will. Rikhill, Will Will Screened, John Cole. Walt Roo, and Will atte Wode commission for the view and rep the banks, ditches, etc betwixt Plumstead and Northfleet, with direct read therein, according to the law cuftom of this realm, and the. Romeneye marsh. And the year following Will Rikhill, Sir J de Peckham knight, Will Makere and John Fox, of East Greenwich as the like for those betwixt Deptford- Charlton, and to proceed thereof aforesaid.
In 20 R. II. Will- JV made Richard Muriell, Thomaseby, John Lufwyk, Thomas Artiron, Richard Cliderhowe, Will fille, and John Newport, the like those banks, in the marsh of Dartford and Stone and to according to the marsh law..
In 22 R. II. Will. Makenade,R Oxenbrigge, Will Frye, Will Slon, John Preston, Thomas Lexham, John Hall, were assigned to view it take order for the repair of all the by .betwixt Wollewiche and Southwark and to act therein according to the law and to set wages, in repair and urgent necessity, as might serve for the performance of that work.
In 1 H IV. Will. Rikhill, Richard Muriel, Thomas Creffewyk, John Martyn Will Hefell, John Mayhewe and Solomon Frestthorpe, were appointed to view and take course for the repair of those in the marshes of East Greenwich, Combe, Charlton, and Woolwich; and to proceed therein according to the marsh law. And in the same year John Colepepir, Will Makenade, Stephan Batenham, John Martyn, and John Newport, for those in the marshes of Dartford and Stone, and to aft as before said.
In 3H. IV. John Colepepir, Will. Hefyll, Thomas Lodelowe, John Urban, John Crepyn, John Martyn, and Thomas Appeton, for those in Dartford marsh and to act according to the law of the marsh, and the law and custom of IV. Will. Brenchefle, Nich.. Carreu, Will Makenade, Will. Alchemy, Robert Oxenbrigge, and Thomas Remys, Remys, had the like appointment for those betwixt London Bridge and Greenwich; and to proceed therein according to the custom of Romney marsh, and the law and custom of this realm.
In 7 H. IV. Will. Hankford, Thomas Tildeuegh, Nich Carrey, Walter Hoke, Will Crowemere, John Weftone, and Richard Wakehurfe, had the like; and to act according to the law and custom of this realm.
And in 8 H. IV. Sir Arnold Savage knight, George Ballard, Richard Clitherowe, Stephan Bettenhamme, John Martyn, Will. Elys, Will. Notebem, and Thomas AIkham, were constituted commissioners, as aforesaid, for the view and repair of those banks, lying betwixt West Greenwich and St Margaret’s at Cliffe and to proceed therein according to the law and custom of this realm, and the custom of ancient time used in Romney marsh.
In 10 H IV. Sir John Oldcastell knight, George Ballard, Richard Clyderhowe, John Martyn, and John Urban, were conftituted, in like sort, for the view and repair of those banks, situate betwixt Greenwich and Deptford, and to perform all things concerning Minpfenrf-nrrlino to the maril nuancii, john Martin, John Urban, John Kicpen, John Weston, Walter Roo, and James Dyngle, for those betwixt Northnete and Greenwich and to do all things therein according to the law and custom of England.
In 15 H. VI. Richard Bamme, Reginald Peckham, John Bamburgh, John Chymbeham, Rob Reynold, and Waltcr Groveherft, for those in the marshes of Dertford and Stone, and in Swainetcompe with power to-make laws and statutes for the same, according to the laws and customs of Romney marsh, and the law and custom of England as also to impress as many labourers upon a competent salary, as might accomplish the work, considering the great necessity, in respect of the damage impending.
In 14 E. IV. Sir Edward Neville, of Bergenny, knight, John Abbot or Bermondsey, William Abbot, of Lesnes, Will Hatteclyf, JohnBromftone, John Grene, John Barn, Roger Appikone, Rob Ballard, and John Alfege, were constituted commissioners for the viewing and repairing the banks from West Greenwich to Gravesend, and to proceed in all things tending thereto, according to the laws and customs of this realm, and the; custom of Romney marsh. The same year the like commission was issued unto Will Abbot of St. Auguftine’s in Canterbury, Sir Edward Nevill, of Bergavenny, knight, John Abbot of Lesnes, Will Hatclyf, James Haute esquire, John Bromftone esquire, John Grene esquire, Richard Page, John Bavyn, Roger Appeltone, .Roger Brent, John Alfegh, William Swan, Robert Ballard, Roger Shelley, John Nethertole, and John Hurt, for those banks betwixt Woolwich and Northfleet ; and to therein as aforesaid. .Howbeit, notwithstanding these good laws and customs, and the care of the commissioners in seeing them put in execution, such hath been the backwardness of some, that, for want of timely repair of those breaches, which, through the violence of the tides, were made in the banks of Plumstead, Lesnes, and Erith, the marshes of Plumstead and Lesnes were not-only suffered to make a new cross wall, from marshes to upland, for inning of the said marsh, called Plumstead march and a certain number of acres in the level and marshes of Lesnes, and defending them from the overflowing of the water, which entered at Erith breach; and for further maintenance of the old marsh walls by the Thames side, from the laid new cross wall nigh unto Woolwich divers that were afleued paying not their proportion, the same marshes and level would have been irrecoverably lost, had not the bailiff of the marsh and others, by his assignment, laid down the money; for recovery therefore of the laid amendments.and the better levying of such turns of money, as had been before employed for the inning and defence of those marshes; upon complaint made.
T S 2 VIIL it was then enacted, that the bailiff- of the marsh should cause proclamation to be made upon-any Sunday afterwards, in the parish church of Plumstead, for the payment of all such arrears of the said taxes, within xx days then next ensue and that he who made payment, of the same accordingly, would be distrained. And, as the said tax and doubles should not be paid by the fealtor. Michael the archangel, then next following; at then every ponder, or tenant in any lands, lying within the said marsh, or any other, who would pay that to the said bailiffs his executors, might enter into the lands and tenements, to aueilcd, and hold the same of him as heir. Forever, except would be redeemed within three-year then next following.
And in 37 H. VIII. upon the like complaint made in parliament, that the marshes called the New Marshes and Combe Marshes, in the parish of Greenwich, were often in peril of flooding, through the neglect of some Persons chargeable with the repair of the banks which had anciently been made for their preservation from the was also enacted, that all and every such person and persons, a here were, or which thence forth would be owners of the said marshes, or of any cel thereof, would at all times the end of that session of parliament and be contributory, and occupation of the said marshes, from time to time, after the rate of the owners had be more been. And that from time to time, when any a scheme: or tax would be had or made in the behalf, to distrain the goods and chattels of such persons, that would refuse to pay after such rate and the same dirrenes to retain, keep, and use, according to the laws of Romney marsh, such behalf, of ancient time used.
But notwithstanding that care take and of parliament of 22 H. VIl before recited, touching the marshes of Plumstead, and Lesnes; it way represented to the parliament in 5 Eli: that there was a certain ground, containing .about two thousand acres, lying in the parishes of Erith, Lesnes, an lliiinncde before specfied, which in former times were good pasture ground .and meadows, but by certain breaches within the space of xxx years then pasture was by the inundation of the Thames; And that one Jacobus Acertyus, an Italian, (and servant to the queen) had undertaken at his own charges, the recovery thereof, in consideration of a moiety of it, for his charges; but that the lords and owners thereof were many, and had several kind of states therein, whereby their assents and good assurances could not be procured. It was therefore enabled, that the said Jacobus, and his amns. and their servants, factors, labourers, &c. would, at the costs and charges of the said Jacobus, after the tenth day of March, in the year MDLXI for the term of four years then next following, innsence, and win the said grounds, or any parcel of them : And, that, having so won and senced the same, or any of them; that he the said Jacobus and his heirs, or such person or parsons, and their heirs as he or his executors would nominate, by their writing enrolled in one of the said Queen’s courts of record at Westminster or by his the said Jacobus’s late will and testament, in consideration of’ such recompense, would have and enjoy the one moiety thereof, to be secured from the residue within two years next after the said winning thereof’ by four or more discreet commissioners, to be nominated and appointed by the lord chancellor of England, or lord keeper of the great seal, for the time being; and being so severed, lots to be Alcr which about two years, Queen Elizabeth issued out a command to Ex Thomas Wotton, George Moulton, and desc others, bearing date at 7 Eliz. to enquire, whether the said James Aconcius, who to undertook the inning of those lands, lying in the parishes of Erith, Lesnes, and Plumstead marsh had, in pursuance of the said at of parliament, to held at Westminster, 12 Jan. S Eliz. accordingly performed the same; and for which he was to have the inheritance of the one moiety of the said land to won and inned. Whereupon the said commissioners certified, ult.Jan. 8 Eliz. that six hundred acres thereof were then won, and inned with walls, banks, &?c. from the water and flood of the river of Thames, according to the tenor of the before specifed statute.
All which is more particularly taken notice of, by another act of parliament, 8 EII1 wade in the year of Queen Eliz. reciting; citing; that, whereas the said Jacobus did win some part thereof, which was by the violence of the floods shortly after lost and being not able to recover the same, he did depute John Baptista Castilion, one of the grooms of the said queen’s privy chamber, John Gresham, mercer, Francis Robinson, Richard Young, grocers; Simon Horsepoole, and Henry May, drapers (citizens of London) at their costs and charges to innsence, and win the same, or some convenient portion thereof; by authority of which deputation, they the said John, John, did inn and win part thereof containing about six hundred acres; whereof division was made, and the one part, called the East marsh, allotted to the said Jacobus, and his assigns and the Other, called the West-marsh, to the ovnels, etc. Which part, called the East-marsh, he the said James assigned to the before-mentioned John, John, etc. in consideration of their charge, which amounted to five thousand pounds. Whereupon it was enacted, that the said John Baptista Castilion, and the rest of the undertakers above mentioned, would have and enjoy the same, to be held of the chief lord of the see, by such services as it was formerly held. And moreover, that they would or iaicn next ensuing, during the space of eight years and being so won, to enjoy a moiety thereof, to be divided by lots, as in the former.
K 14 And in 14 Eliz. by an Act 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 nnimed; it was further enacted, that he the said John and the rest of the undertakers, should have eight years more, from the tenth of June following the date thereof for to accomplish their work in and to have the moiety thereof so won,’ and divided as aforesaid.
And after this, viz. in 3 Eliz. by another ad of parliament at that time made, and reciting all the before-mentioned ads; as also, that whereas since the making of the statute in 14 Eliz the said John Gresham constituted one Thomas Allen to be his assignee; and the said Henry May constituted Walter Silher his assignee, to and for the said assairs: and whereas six years, parcel of the said eight years, were almost expired the 11 of May,
In 14 Eliz.. and thereupon eight years more added to that term as above said. 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 John Baptista Castilion, and of’ Thomas Smith, George Barn, the said Richard Young, Thomas Siiher, Ferdinando Pointz, James Ginchardine,-and Roger James. And whereas the last eight years were fully expired; and that the inning thereof had by floods ,and tempests been hindered, that it could not be finished without longer time; it was therefore enacted, that it should be lawful for the parties above said, to inn the same within two years after the end of that present session of parliament, and then to enjoy the moiety by such partition as afore said ; and to take such reed and earth upon the premises, for the inning thereof, as should be most needful. And in consideration that they mould maintain the banks of the same, by the space of one whole year after the winning thereof, it was further enacted, that they should have an half of the eighth part ,of the other half, so wonns a snip same, the premises should be discharged of all tythes whatsoever, for the space of seven years next after the inning, sencing, 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 charges 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 acts were authorized to sue for he same, by action of debt, bill, plaint, or information, in any court of records, &c
In the 4th year of king James, upon a petition then-exhibited in parliament for the Inning and winning of certain marsh grounds; lying in the drowned marshes of Lesnes, and Sants, in this county, which had been of long time over slow. It was enacted, that William Burrell, of Ratcliffe, in the county of Middlesex, 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, AD- 1606).for the consideration in the said indenture expressed, to do his best endeavour therein) mould 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 employed therein under him, would dig within xx roods of any wall already made within that marsh : and that immediately after his accomplishment of the same, the said William, his heirs and assigns, to have the one half of all the said grounds so to be inned, according to the purpose and true meaning of the said recited indenture (the other moiety to belong to the owners of the said marsh grounds, according to the several proportion of their quantities, which they had in those grounds) to be beholden of Edmund Cooke, esquire, his heirs and assigns, as of his manor of’ Lesnes and Sants, in free socage, by fealty, and one penny rent, for every man in service. And that, in consderation of the great charge of this work, the said inned marshes to be dischargrd from all tithes and tenths whatsoever, for and during the term of seven years next after the inning, winning, and fencing of the same.
AND now, though by what hath yet been instanced, touching the improvements made by banking and’ draining, upon the verge of this river, the first commons, which I have Vouched, bear not date above three hundred and sixty years since; yet do I inikc no question, but that fills good husbandry was far more ancient for, notwithstanding the like commissions for the defence and safeguard of the other marshes, situate higher upon this sirearm (where of 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 less antiquity than the time of the Romans here in Britain ; otherwise how could , that ancient borough of Southwarke 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 adjoining marshes still would be, were they not 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 ancient city of London) there be little notice taken, that it hath been so raised ; where, betides divers Roman coins, that are still, frequently digged up, I myself in the year 1658 saw, in those fields (on the back side of Winchester house) called Southwark park, upon the sinking of divers cellars, for some new buildings, at about two feet ; below the present level of the ground. a Roman pavement, made of bricks, not above an inch and an half square : and adjoining to it a more curious piece, of the like small bricks (in length about ten feet, and in breadth five) wrought in various colours ; and in the midst thereof, betwixt certain lively expressed in that kind of Mosaic work. I now come to the commons. The first whereof our public records do .take notice, is in 23 E. I. which was directed to John de Metingham, and1 Will de Carleton, for the view and repair of the banks, &c. betwixt Lambeth and Grenewiche.. After this, about three years, through the neglect of those who ought to have maintained the banks near Rotherhithe 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 turn of money 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.