UNIVERSITY OF CALIFORNIA LOS ANGELES SCHOOL OF LAW LBRARY .THE HISTORY OF THE DRAINAGE OF THE GREAT LEVEL OF THE FENS, CALLED BEDFORD LEVEL; WITH THB^. i*' CONSTITUTION AND LAWS or THE BEDFORD Z.EVEI. CORPORATION. By SAMUEL WELLS, Esq., REGISTER OF THE CORPORATION. VOL. II. LONDON- $ublu({)r1i fax t^c SIuHiar, BY K, PlIRNKY, LVW BOOKSELI.KR, 17, FI.KBT-STRF.KT. 1830. V u w VC"/ ^ TO THE MOST NOBLE THE GOVERNOR, THE BAILIFFS, AND COMMONALTY OP Clje #teat %tM of tKje ftm. CALLED BEDFORD LEVEL, THE FOLI-OVriNG "WORK IS 310 ST RESPECTFULLY DEDICATED, BY ONE WHOSE GRATITUDE FOR THEIR CONFIDENCE, AMD ZEAL IN THEIR SERVICE, AND IN THE SERVICE OF THE FENS AT LARGE, CAN TERMINATE ONLY WITH HIS EXISTENCE. U30 TO THE READER. Xt was my original determination to publish, at the same time, the whole of my proposed Work ; but the great extent and variety of the documents, and other circumstances, have induced me to alter that determination, and to print it in distinct Parts — forming, when completed, two Volumes. Mr. Cole's Collection has been for some time entirely exhausted ; and applications having been repeatedly made to me for that Work, I conceived it would be acceptable to the Public to have this Part ready for reference, as it contains (except the two first Eau Brink Acts) all the documents that are included in that Collection, witli the Lot Book, corrected to the present period, and many other additions. It will also be of great assistance in completing the whole Work, to have the present Volume previously printed. I may, I trust, be permitted to state, that when 1 ntt^^^'v VI PREFACE. first issued the Prospectus and Synopsis of the Work, I was unable to form a correct opinion cither of its extent, the expence I should incur, or the patronage I was likely to receive. The Work is purely local ; and therefore, perhaps, I had formed too sanguine an opinion of the support which would be extended to it. The expence of printing, of engraving an entire new Map, and of sundry Plans, illustrative of the text, (which are quite unavoidable) will greatly exceed the amount of the subscriptions ; but having undertaken the Work, I am desirous of its completion (imperfect as it may be as a literary performance), in order to evince my gratitude to those Noblemen and Gentle- men, who have so kindly intimated their support. — Pecuniary considerations have, perhaps, too little influenced my conduct throughout life; and I am sure I have never been deterred from performing what I consider a public duty, by any personal motives. The remaining Part of the Work is in considerable progress, and will be published as soon as my numer- ous avocations will permit, and the Map and En- gravings can be completed. The present Volume contains, as a Frontispiece, the New Sluice lately erected at Salter's Lode, (the Key of the Middle Level,) under the plans and superinten- dance of Mr. John Dyson, the able and attentive En- gineer to the Board. I have inserted an engraving of PREFACE. Vll this elegant and useful structure, as a general specimen of the engravings preparing for the whole Work, and from a strong desire that it may induce many of my readers to take an opportunity of viewing, not only this Sluice, so highly creditable to the Board and the ability of the Engineer, but also the New Sluices recently erected at the Hermitage, Well- more Lake, and Standground, and that now erecting at the entrance of the Old Bedford River — all excel- lent according to their several plans and purposes ; — An inspection of these objects cannot fail to be highly interesting to persons v/hose property is mainly dependent upon the due execution and preservation of works of this nature. In perusing the Volume now published, it may not perhaps be obvious why I have inserted several of the documents which appear in the Appendix. I must entreat the Reader to withhold any opinion he may form in this respect, until he sees the Work complete ; until which period, of course, the Author's design cannot be perfectly developed. Whatever public opinions I may have] conscienti- ously adopted, and acted upon, it is a source of great satisfaction to find that those opinions have had no influence in deterring many distinguished and honour- al>le persons from giving encouragement to the present Work. I hail the circumstance with feelings of deep Vlll PREFACE. gratitude and sincere pleasure. It will, and ought to act as a stinuilus for me to discharge with diligence, fidelity, and attention, the various duties of the very important office I have the honour to hold under the Corporation. SAMUEL WELLS, Reg.B. L. C. Fen Office^ Serjeant's Inn, Fleet Street, 1st August, 1828. CONTENTS. Those marked thus (*) are not in Mr. Cole's Collection. Page List of the Board xi Ree:istry Fees, &c xv Regal Table xvii No. 1. * Presentation of Sewers, 19 Ric. 2 1 2. * The like 3 3. * The like 8 4. * Sewers Act, 23 Hen. 8, c. 5 18 5. * Presentation of Sewers, 28 Hen. 8 31 6. * General Drainage Act, 43 Eliz.c. 11 34 7. * Waldersea Drairiag'e Act, 4 Jac. 1, c. 13 39 8. * Commission of Sewers, 15 Jac. 1 42 0. * Hampton Court Order, 1G16 58 10.* Sir Clement Edmonds" Report, 1618 60 11. * Mr. Atkins's Report, 1618 71 12. Lynn Law, 1630 98 13. The Indenture of Fourteen parts, 1631 Ill 14. The Charter of Incorporation (English), 1637 120 16. * Hayward's Original Survey, 1G36 141 16. Saint Ives Law of Sewers, and Schedules, 1638 236 17. * Sir Cornelius Vermuyden's Discourse, 1642 339 18. Pretended Act for Draining the Great Level of the Fens, 1649 367 19. General Act for settling the Draining, 1663 383 20. • Mr. Dodson's Design, with Answers to Objections, 1664 426 21. Tax Actand Scliedules, 1667 474 22. Inclosure Prevention Act, 1684 619 X CONTENTS. Page No. 23. First Style Act, 1750 522 24. * Second Style Act, 1751 524 25. First North Level Act, 1753 526; 26. Nene Navigation Act, 1753 597 27. First Bond Act, 1755 632 28. * Second North Level Act, 1771 644 29. * Second Bond Act, 1772 609 30. * Turf Act, 1782 682 31. * Lot Book for the Middle and South Levels, with In- dices, correcfef/ ^o /^/rt^/ 1828 692 32. * Lot Book for the North Level, with Indices, corrected to May 1828 749 33. * Report of a Committee of the Board as to the General Liability of the Corporation 755 34. * List of the several Public and Private Acts of Parlia- ment affecting the Bedford Level, with extracts of such Parts as relate to the Corporation 770 A LIST OF THE PRESENT MEMBERS OF THE BOARD, AND OF THE orncERS OF thz: corporation, WITH THE DATE OF THEIR RESPECTIVE ELECTIONS. Whitsun Meeting, 1828. GOVERNOR. 1. The Most Noble John Duke of Bedford, < Conservator, 1797. K. G (Governor, 1802. BAILIFFS. 1 . The Rev. George Jenyns, one of the Preben- -. ^ r ^ r. , 1 , ^,. , X- T^i I Conservator, 1788. daries of the Cathedral Churcn or Ely, v ^ . J r,u • ^ . r. . \ bailiff' 1798. and Chairman or the Board ' 2. The Right Hon. Philip Earl of Hardwicke,~J K.G. Lord Lieutenant of the County, High f^°"^*^''''^*°^^ ^'^^• Steward of the University of Cambridge, ^j^^iljg-^ 1800. and Surveyor-General of the Corporation J 3. William Henry Fellowes, Esq. M. P. for the 5 Conservator, 1792. County of Huntingdon ^Bailiff, 1804. ^ Conservator, 1809. 1816. 4. John Thurlow Dering, Esq -J ,^ ^ ^ (RailiflF, c Tu r^ . T^ ( Conservator, 1813. 5. Ihomas Orton, Esq \ * < Bailiff, 1825. 6. John Fryer, Esq Conservator, 1817. ^Bailiff, 1827. Xii LIST OF THE HOARD. CONSERVATORS. 1. Harry Spencer WatUlington, Esq 1806. 2. Ti.e Rii^ht lion. Lord Viscount Milton, M.P i ^ for the County of York ' 3. William Dunn Gardner, Esq 1807. 4. Richard Orton, Esq 1809, 5. .loscph Vi])an, Esq 1813. C. The Most Noble the Marquis of Tavistock, ^ J- lol4. M.P. for the County of Bedford S 7. William George Adam, Esq. one his Majes- > ty's Counsel 8. Jonathan Page, Esq 1817 9. Henry James Nicholls, Esq 1819. 10. Tycho Wing, Esq 1820. 11. Charles Jenyns, Esq. Barrister at Law 1822. 12. Richard Greaves Townley, Esq 1823. 13. George Prymc, Es(i. Barrister at Law, and^ Professor of Political Economy in the >1824. University of Cambridge ) 14. John Angerstein, Esq 1824. 15. The Hon. William Thomas Twisleton Fiennes 1825. 10. John Hibbert, Esq 1826. 17. Admiral the Hon. Sir Joseph Sidney Yorke, -\ M. P. for the Borough of Reigate in Sur- > 1827. rcy ' 18. Sir Culling Smith, Bart 1827. 19. Jolui Wdbank Childers, Esq 1827. 20. John Hennington, Esq 1828. 1 Governor. 6 BailifiFs. 20 Conservators. 27 Total Members of the Board. (MfittxQ of t|)e Corporation. SURVEYOR GENERAL {without a salary). The Right Hon . Philip Earl of Hardwicke, K. G. ... 1808. REGISTER. Samuel Wells, Esq. Fen Office, fi, Serjeant's Inn, Fleet Street, and at Huntingdon J3 Nov. 1824. RECEIVER AND EXPENDITOR GENERAL. Hugh Robert Evans, Esq. Ely 1819. AUDITOR. Steed Girdlestone, Esq . Wisbeach 1825, SERJEANT AT MACE. William Marshall, Esq. Ely 1812. SUPERINTEND ANTS. Of the North Division of the Middle Level. Mr. John Little, Eldernell 1810. Of the South Division of the Middle Level. Mr. John Owen, Mepal 1016*. Of the East Division of the Middle Level. Mr. John Sedgley, Upwell 1825. Of the Sou*h Level. Mr. Joseph Little, Eldernell , 1815. XIV OFFICERS OF THE CORPORATION. SLUICE KEEPERS, Of Denver Sluice. — George Stevens 1822. Of Salter's Lode Sluice. — John Pinnock 1814. Of Standground Sluice. — David Bowker 1814. Of Hermitage Sluice. — John Ayres 1827. Of f Vetch's Dam Sluice. — Abraham Lepla 1820, Of Sixteen Feet Sluice. — Thomas Baker 1823. Of Sutton Wash Sluice. — John Owen 1825. Of IVelmoor Lake 5ZaJce.— William Winters 1827. NORTH LEVEL. Officer of the Banks of the First District. Mr. John Williams 1809. Officer of all the other Banks. Mr. John Burdock 1813. Receiver of the Taxes under the llth and 36th Geo. 3. Mr. Thomas Steed Watson 1790. REGISTRY FEES, &c. By the 15 Car, 2. s. 8.* all conveyances by indenture of the 95,000 acres are to be entered with the Register, and no lease, gr^nt, conveyance^ or charge out of or upon the same (except leases for seven years) are of force but from the time they are so entered. It is the intention of the author, in the second part of this work, to treat fully upon the legal effect of this clause, and to insert the several cases bearing immediately or relatively on the subject ; but it has been thought convenient for the pro- fession to insert in this place the fees payable upon the regis- tration. No time is specified for the registration (the deed only taking effect from that period); but for the purpose of preserving the Lot Book as correct as possible, the Board have directed (by a standing order) that double fees shall be paid upon all deeds not left for inrollmenl within six months from the date thereof; and no conveyance is to be registered unless it specify the Lot, Number, and Part conveyed, with such certainty as will enable the Register to transfer the quantity conve3'ed from the part owned by the grantee. Persons becoming entitled to adventure lands by descent or devise are also required to send certificates thereof, for which no fees arc paid, unless the will itself is enrolled. • Appendix, page 393. XVI REGISTRY FEES. The single fees tor regislralion of any conveyance, mort- gage, assignment, lease or will, or any other description of deed, are according to the length j namely, for the first 100 words, One Shilling; for every subsequent 100, Six-pence ; and for endorsing and placing the Register's signature upon each original deed, Two Shillings and Six-pence. N. B. The above fees were settled in the year 1751. [ xvii ] A TABLE Of the Years of the Reigns of the Kings and Queens of England, from the Norman Con- quest until the present Time. w. Conq. 1 Henry I. Stephen. Henry II. Oct. 14, 1066. 1 August 1, 1100. Dec. 2, 1135. Year Year of (Year Year of Year Year of Year Year of of our Lord. of our Lord. of our Lord. of our Lord. Reigii. Reign. 1100 lieign. ReigB. 1 1066 1 1 1135 15 1168 2 1067 2 1101 2 1136 16 1169 3 1063 3 1102 3 1137 17 1170 4 1069 4 1103 4 1138 18 1171 5 1070 5 1104 5 1139 19 1172 6 1071 6 1105 6 1140 20 1173 7 1072 7 1106 7 1141 21 1174 8 1073 8 1107 8 1142 22 1175 9 1074 9 1108 9 1113 23 1176 10 1075 10 1109 10 1144 24 1177 11 1076 11 1110 11 1145 25 1178 J2 1077 12 nil 12 1146 26 1179 13 1078 13 1112 13 1147 27 1180 14 1079 14 1113 14 1148 28 1181 15 1080 15 1114 15 1149 29 1182 16 1081 16 1115 16 1150 30 1183 17 10H2 17 1116 17 1151 31 1184 18 1083 18 1117 18 ll.i2 32 1185 19 1084 19 1118 19 1153 — 4 3 J 1186 20 21 1085 1086—7 20 21 1119 1120 34 35 1187 1188—9 \ Henry II. Oct. 25, 1154. 22 23 24 25 26 27 1121 1122 1123 1124 1125 1126 W. Sept. Rufus. y, 1087. Richard I. July 6, 1189. Year of Kcign. Year of our Lord. Year Year of of our Lord. Year Year of Keign. 28 29 30 31 32 33 34 35 36 1127 1128 1129 ll.iO 1131 1132 113.^ 1134 ll.i.^ 1 2 3 4 5 1154 1155 1156 11.57 115H of Reign. our Lord. 1 2 3 4 1087 1088 1089 lO'JO 1 2 1189 1190 .5 6 1091 1092 6 7 1159 1160 3 4 1191 1192 7 1093 8 1161 5 1193 g 1094 9 1162 6 1194 '.) 1095 10 1163 7 1195 10 1096 11 1164 H 1196 11 1079 12 1165 9 1197 12 109« 13 1166 10 1198—9 13 1099-1100 14 1167 XVIU REGAL TABLE. J April ohn. 6, 1199. Henry HI. Ed« •ard I. Edward III. Year Year of Year Year of Year Yeur of Year Year of of our Lord. of our Lord . of our Lo:d. uf our Lord. Reign. Reign. Reign. Reign. I 1199 30 1245 21 1292 4 1329—30 2 1200 31 1246 22 1293 5 1330—31 3 1201 32 1217 23 1294 6 1331—32 4 1202 33 1248 24 1295 7 1332—33 5 1203 34 1249 25 1296 8 1333—34 6 1204 35 1250 26 1297 9 1334—35 7 1205 36 1251 27 1298 10 133 .5—3 6 8 1206 37 1252 28 1299 11 1336—37 9 1207 38 1253 29 1300 12 1337—38 10 1208 39 1254 30 1301 13 1.338—39 11 1209 40 1255 31 1302 14 1339—40 12 1210 41 1256 32 1303 15 1340—41 13 1211 42 12.i7 33 1301 16 1341-42 14 1212 43 1258 34 1305 17 1342—43 15 1213 44 1259 35 1306—7 18 1343—44 16 17 1214 1215 45 46 1260 1261 19 20 1344—45 1345—46 Edward 11. 18 1216 47 1262 July 7, 1307. 21 1346—47 48 49 1263 1264 22 23 1347—48 1348-49 Her iry III. Year Year of Oct. 9, 1216. 50 1265 of our Lord. 24 1349—50 51 52 1266 1267 Reign. 25 26 1350—51 1.351—52 Year Year of 1 1307 of our Lord. 53 1268 o 130^ 27 1352—53 Reign. 54 55 56 57 1269 1270 1271 1272 3 4 5 6 7 8 1309 1310 1311 1312 1313 1314 28 29 30 31 32 33 1353—54 1354—55 1355—56 1356—5/ 1357—58 1358—59 1 2 3 4 5 1216 1217 1218 1219 1220 Ed^^ rartl I. 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 1221 1222 1223 1224 1225 1226 1227 1228 1229 1230 1231 1232 1233 1234 1235 Nov. 1 6, 1272. 9 1315 34 1359—60 10 11 1316 1317 35 36 1360—61 1361—62 Year Year of of Reign. our Lord. 1272 1273 1274 1275 1276 1277 1278 1279 1280 1231 12 13 14 15 16 17 18 19 20 $ 1318 1319 1320 1321 1322 1323 1324 1325 1226 o.s. 1237 N.s. 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 1362—63 1363—64 1364—65 1365—66 \366—67 1367—68 1368—69 1369—70 1370—71 1371—72 1372-73 1373—74 1374—75 1375—76 1376—77 1 2 3 4 5 6 7 8 9 10 Edw ard HI. 21 22 23 24 1236 1237 1238 1239 11 12 13 14 1282 1283 1284 1285 Jan. 25 132 , 1326. o.s. 7. N. s. Year Year of ' 25 1240 15 1286 of our Lord. 26 1241 16 1287 Reign. 27 1242 17 1288 28 1243 18 1289 1 1326—27 29 1244 19 1290 2 1327—28 20 1291 3 1328—29 REGAL TABLE. XIX Ifenry V. Rich aid 11. March 20. Richard III. June 1 1, 1377. 1412. o. s. Hei ry VI. June 22, 1483. o. s. and n. s. 1 1413. N.s. Year Year of Year Year of Year Year of Year Year of of our Lord. of our Lord. of our Lord. of our Lord. Reign. 1377 Reign. O.S. N.S. Reign. Reign. 1 1 1412—13 36 1457 1 1483 2 1378 2 1413—14 37 1458 2 1484 3 1379 3 1114-15 38 1459 3 1485 4 1380 4 1415—16 ( 14fi0 O.S. 5 1381 5 1416—17 39 < 1461k. s. 6 7 8 1382 1383 1384 6 7 8 1417—18 Henry VII. Aug. 22, 1485. 1418—19 1419—20 E ., , „, 1l604,N. s. \ March 24. 1625, March 27. ri648, o.s. ^ , „„ ilC49, N.9. 5 January 30. / 1685, o. 3. 1 p , - SINCE THE RKTOLUTION. Reignei I. Years Mo. Da. 20 10 26 12 10 24 .S5 4 1 18 10 23 34 8 11 9 9 — 17 6 13 56 28 34 7 21 19 6 18 50 4 27 22 3 8 13 5 20 9 5 11 38 C 4 w 1688,0.8. 1 1. , ,o 1689; N.s./ Feb. 13. 1701, o. s. 1 ., , Q 1702, N.s./ March 8. 1714, August I. 1727, June 11. 1760, October 25. 1820, January 29. 22 1 — 2 13 2 2 — 23 8 37 9 6 6 5 9 5 4 11 44 4 7 22 ■ ■ , 3 23 10 3 36 — 7 4 — 13 — 23 12 4 24 13 10 10 33 4 14 59 3 4 APPENDIX. No. I. PRESENTATION of the Dikes and Sewers of all The 19th year f-iiT fniri-n/T of King Ric. 2, the Townships from Spalding unto 1yd bt. Mary 1395. in Holland. An Inquisition taken at Fleet on Monday next after the Feast of the Translation of St, Thomas the Martyr, in the 19th year of the reign of King Richard the Second, before Philip Spencer and his Companions, Justices of the Lord the King of the walls, dikes, sewers, bridges, causeways, wears, and trenches in the parts aforesaid, by the oath of Reginald Roe of Gedney, John Greene, John Storme of Fleete, John Versey, Simon Bradhawe, William Fitz Richard of Holbytch, John Martynson of Whapload, William Rudde of Weston, William Pestell of Spalding, John Strugg of Holbytch, John Harcrofit of Whaplod, and John Thurkell of Gedney, who say upon their oath : That John the Prior of Spalding, and the convent of Dike in 1111 .11 Spaldinge. the same place, ought and are bound to repair and keep up a certain dike in Spalding over against the messuage heretofore of John Pegbridge knight, to the messuage aforesaid, in defence of the water of Welond, and to the salvation of the country, and is not repaired. a ^ APPENDIX. I^'keiu Also they say that the town of Spalding ought to re- pair a certain dike in Spaldinge near the water of Wei- land to the mill of the Abbot of Crowland, in defence of the water aforesaid, and to the salvation of the country, for lands and tenements which abutt upon the said dike, vie. over against their land or tenement, for the same tenement, and is not repaired. Dike in Also they say that the town of Spalding ought to re- pair and keep up the dike in Spalding near the water of Weiland, viz. every man of the said town according to the number of his acres in Spaldinge as of old time have been agisted, viz. from the Mill of the Abbot unto Spal- ding Drove, and is not repaired. Dike in Also they say that the town of Spalding ought to "^ ' repair a certain dike in Spalding near the water of We}'- long, from Spalding Drove against the messuage of Reginald Wright in Cowbit, in defence of the water aforesaid, and to the salvation of the country, for the lands and tenements which they hold abutting upon the said dike, every one over against his land or tenement for the same tenement, and is not repaired. Dike in Also they say thatjohn the Prior of Spalding, and the Spalding. *; convent of the same place, ought and are bound to re- pair and keep up a certain dike in Spaldinge near the water of Weyland, from the said messuage of Reginald Wright unto the messuage of William de Relood of Pikall, in defence of the water aforesaid and to the sal- vation of the country, for the manor of Colvill and other lands and tenements, which tenements adjoin to the said dike, and is not repaired. ^'K^!° Also they say that Thomas the Abbot of Crowland, and Spalding. •' -^ * the convent of the same place, and their tenants, viz. John Goilde, William Grimer, Dulcea Ende, and William Kelod, ought to repair a certain dike in Spaldinge, near the water of Wellond, from the said messuage of William Kelhoods unto Colmylldyke, in defence of the water APPENDIX. nforesaid and to the salvation of the country, for lands and tenements, which tenements abutt upon the said dike, viz. every of them near his tenement, for the same tenement, and is not repaired. Also ihey say that Henry Earl of Northumberland, Dike in the Lord Walter Fitz Walter, the Lord Robert Harring- ^^ "'^' ton, the Lord of Haldingham, John the Prior of Spalding, and the convent of the same place, ought and are bound to repair and keep up a certain dike in Spalding near the water of Weyland, from Collmildike unto Brother- house, in defence of the water aforesaid and to the salvation of the country, for lands and tenements, which tenements abutt upon the said dike, viz. every of them over against his land or tenement, for the same tenement, and is not repaired. No. ir. An Inquisic'on taken at Fleete uppon Monday next after the Feast of St. Thomas the Marty re, in the I9tli yeare of the raigne of Kinge Richard the Second, be- fore Phillipp Spencer and his fellowes. Justices of our Sovreigne L. the Kinge, By the oathes of Reignold Roe of Sidney, John Greene, John Storme of Fleete, John Dersey, Symeon Bradhow, William the son of Richard Holbeth, John Martino Sonn of Quapload, William Rudd of Weston, William Pestell of Spaldinge, John Stongg of Holbich, John Harcroft of Quapload, and John Thurkell of Gegney, who say and affirmej That John the Prior of Spaldinge, and the convent of the same place, ought to repayre a banke in Spaldinge B 2 APPENDIX. opposite upon the messuage sometyme JohnPegbiidges, Knight, in defence of the water of Welland and safegard of the conntrie. And that the towne of Spalding ought to repavre one banke in Spalding next Welland Water aforesaid, from the aforesaid messuage sometyme John Pegbridge's unto the Abbott's mill of Croiland, in defence of the water aforesaid and safegard for the countrie, for the lands and tenements abuttinge uppon the said banke. And that the towne of Spaldinge ought to repayre and heighten the banks in Spaldinge next Welland Water, every man according to his number of acres in Spaldinge, as they were of old adjoysted, viz. From the Abbott's mill unto Spaldinge Drove. And that the towne of Spaldinge ought to repayre a banke in Spaldinge next Welland Water, from Spaldinge Drove towards the messuage of Reignold Wright in Cowpitt, in defence of the said water, for their lands and tenements abuttinge upon the same banke, eidie ma. against his owne lands and tenements. And that the Prior of Spaldinge and convent of the same place ought to repayre the same banke from the said messuage of Reignold Wright unto the messuage of William Kellod of Pikall, in defence of the said water, for the mannor of Colvill and other lands and tenements ad- joyninge uppon the same banke. And that Thomas the Abbott of Croyland, and the convent of the same place and their tenants, ought to repayre the same banke next Welland Water, from the said messuage of William Kellod unto Colemill Dike. And from Colemill Dike nnto Brotherhouse ought to be repayred by Henry Earl of Northumberland, Sir Walter Fitzwalter, Sir Robert Harington, Knight, the Lord of Aldingham, John the Prior of Spaldinge and convent of the same place, for the lands and tenements abuttinge upon the same. And that a banke upon the south part of Welland Water, from Brotherhouse unto the Cloate, and soe APPENDIX. unto'Woodloade, is to be repayred by Thomas Abot of Croyland and the convent of the same place, for their tenements which they have within precincts of Corville. And from Woodloade unto Croyland Bridge ought to be repayred by the lownshipp of Croyland, for their tene- ments which they hold in Croyland and in the Leme Downes abuttinge upon the same banke. And that Thomas the Abbot of Croyland, and the convent of the same place, ought to repayre a certaine banke from the bridge of Croyland unto Goodlake's Cross, and from thence by the South Eae unto Dove's Daile Cloot, in defence of the water of Neane and of the South Eae, which descend from the bridge and towne of Peterbourgh, for the savegard of the counlrie, and for their lands and tenements in the precincts of Croiland and abut- ting upon the same banke. And that the townshipp of Quapload and Holbich next the Southea from Doves- dale Cloot unto Fleele Hevedings, called Willow Dike, and from Willow Dike unto Gedney Hevedings by the towne of Fleete. And from Gedney Hevedings unto Sut- ton Hevedings, by the towne of Gedney. And from Sut- ton Hevedings unto Priors Barrs in Sutton, by the town- shipp of Sutton. And from Priors Barrs in Sutton unto the Clowes in Sutton, by the township of Tydd St. Mary, every man of the same townes according to the number of acres of their land in the bounds aforesaid, and as of antiquitie they have beene adjoysted, Henry Earle of Northumberland, Sir Walter Fitzwalter, Sir Robert Har- rington, the Lord of Aldingham, John the Prior of Spaldinge and the convent of the same place, ought to repayre a certaine banke in Weston called the Loade Dyke, from Brotherhouse unto Broadgates End, in Weston aforesaid, for their lands and tenements which they hold in W^eston abutting upon the same banke. And the towtishipp of Weston ought to repayre the Loaxle Dike in Weston, from Weston Broadgatc unto APPBNDIX. Multon Sea Dike. And from Multon Sea Dike unlo the banke of John Littleberne Knight, in Quaplode is to be lepayred by the towne of Multon. And that the townes of Quapload and Holbich ought to repayre a certeine load in Quapload called Schepudike, from Multon Coate unto Dowes Dale Cloote : And alsoe one other banke in Quapload and Holbich, called Comon Dike, from Schepestoue unto the Hole in Fieete. And that the towne of Holbech ought to.re- payre a bank in Holbich called Holbich Rought, from Comon Diche unto Asger Diche. And from Asger Dike unto Gedell Dike, on ihe east part of the bank, and soe unto Bendon Bridge, in forme aforesaid. And that a certeine banke in Fieete called Willowe Dike, from the South Eae unto Holcote, ought to berepayred by John Harrington, Mathevv Redman, and Sir Walter Fitzwalter, every of them against his lands and tene- ments abuttino^ upon the same banke. And the banke in Fieete called Fieete Rought, from Wallcoat unto Wyndson, ought to be repayred by the township of Fieete in forme aforesaid. And that certeine sand- bancks and hills, by reason of the floweing and ebbinge of the Sea, have soe choaked and landed upp a certeine river called Spaldinge Eae, from Pegbridge unto Bro- therhovvse, that the water of Welland cannot have his course into the Sea, by reason whereof divers of the lands and tenements in Holland be drowned ; and there- fore it is requisite that the same river be repayred and madecleane by John the Prior of Spalding and the con- vent of the same place, which have their severall fishinges in the foresaid waters. And from thence unto Woodload by Thomas the Abbott of Croiland and the convent of the same place, and by John the Prior of Spaldinge and the convent of the same place, whoe have their sev'rall fishings in the same waters. And that a certeine por- c'oa of lauds of the townes of Quapload, Holbech, APPENDIX. Fleete, Gedney, Sutton, and Tydd, called the Fenn Ends, viz. between the Southeae of the one part, and Ravens- dike from Nealton Mere unto Tydd Bridge on the other part, be so lowe and deepe, and because of the height of lands between those Fenn Ends and the Sea, whereupon they are yearely drowned ; and therefore it is necessary that a newe sewer be made, whereby the aforesaid lands in the Fenn Ends of the townes aforesaid might hereafter sewer to the Sea, which sewer shall begin at the Seadyke in Quapload, and be made in bredth 12 foote, and ex- tend itselfe from the said Seadyke unto Fleete Rought, by a certeine banke there called Ashdyke on the South part, and soe in Fleete from thence to a certeine way called Lords Dyke on the South part, unto Gedney Delph. Alsoe in Gedney unto Gedney Hevedinge, and from thence unto Leergates, and from thence in Sutton by the Old Fenn Dike on the South part in Sutton unto Tydd Greynes, and there lett it fall into Tyddhea, and soe from Tyddhea unto the Sea; which said sewer, let it conteyne in breadth 13 foote: And lett it bee made and repayred from the Seadyke in Quapload unto Fleete Rought by the townshipp of Fleete and Holbich, and from thence unto Gedney Delph by the towne of Fleete, and from thence unto Sutton Hevedings by the towne of Gedney, and from thence unto Tydd Greines by the townshipp of Sutton. In the 19th yeare of the reigne of K. Richard the Second. APPENDIX. No. III. jOAug. By AN Inquisic'on taken the 10th dav of Auer; in the 21 yeare of the raigne of King Henry the Eight, before the Abbott of Dereham, Thomas Bedingfield and Edmond Bedingfield, Knt. Francis Munford, Tho. Dere- ham, John Fincham, Esq. and others, as by the oathes of William Everard, Symon Fincham, Esq. John Ever- ard, Thomas Galland, Richard Roydon, John Davie, Gent, and ten others, jurators then sworne, may appear. That the streame from Erith Bridge to Parkhall Were is to be clensed and scowred by the Bishop of Ely ; from Parkhall Were to Horsey Heath by the Abbott of Thor- ney and the Abbott of Catteris ; from thence to the Mill by the Abbott of Ramsay ; from thence to Restich Cor- ner by the Abbesse of Chartis ; from thence to Echyn Were Doare and from thence to Pulver Holt End, by the Abbott of Chartris ; from Pulver Cote to Spencers Holt End, by the Bishop of Ely and the chappell of St. James ; from thence to Beale's Crofte by the Bishop of Ely and the Prior of Huntingdon ; from thence to the Common Water of Doddington by the Abbott of Ram- sey ; from thence to Wavermouth by the towne of Dod- dington; from thence to Newstal by the Abbott of Ramsey ; from thence unto Benwicke Town End by the Bishop of Ely and the monastery of St. John Baptist in Ely aforesaid ; from thence to Claypoole Dore by John Lawrence ; from thence to Bylop Dyke End by the Bi- shop of Ely ; from thence unto Copoldree by the Lord Boleyn ; from thence to Plum'o Weyre by the Bishop of Ely ; from thence to the Wisemouth by the Lord Bul- leyne ; from thence to Whittlesey Dyke End, and so to APPENDIX. 9 Bradney Coate, by Roger Towr^send Knight; from thence to the next weyre by Henry Barrett ; from thence unto Great Ross Weyre by the Abbott of Dereham ; from thence unto Whiteland by the town of Merche ; from thence to Ferry Fore Weare by the Abbott of Dere- ham ; from thence to the next weire beyond Merch Bridge by John Barrett ; from thence unto Pryors Cross- wayes by the Prior of Saunte ; from thence unto the Par- son of Doddington's Water by Alexander Balam, and soe by him to Krick Weire ; from thence to Dodney Cote by Mr. Crofts ; from thence to the Willow in Fages Fenn by the Prior of Thirlinge ; from thence unto Hasell Wood Tree by the Bishop of Ely ; from thence unto Mar- mound in Well b}' the Bishop of Ely and the Duke of Lankaster; from Marmound to Thirlinge late by the Prior of Marmound, the cellerie of Bury St. Edmonds, and the Prior of Thirlinge; from thence to the House Corner sometymes William Emmeths, and soe to the Gate that lyeth between Barrett and Craneforth, and soe to the House of William Bateman by Thomas Fincham, and the cellerie of Bury ; from William Bateman's house to Richard Brond's house by the Abbott of Ram- sey ; from thence to Agnes Gyles Watering, and a mes- suage under Lake Bridge, by the Bishop of Ely for two parts, and Thomas Fincham for the third parte ; from thence to John Wells' house by Robert Damot for three partes, the cellerie of Ramsey for the fourth part ; from Damot*s Water unto P'songate in Outwell, by Thomas Wells ; from thence to the Cross towards Mullicourt, by the townshipp of Outwell ; from thence to the Kirk- field, otherwise called the Churchfield Dike, by the Almeshouse of Ramsey. 21 H. 8. The Cellerie of Bury ought to scowre and make She- tinge Middle in Crockload by one myle and more. The Duke of Gloucester ought to make cleane Chut- tinges in Crekeload by the space of one halfe furlong 10 APPENDIX. and beyond. The cellerie of Bury ought to make cleane Streame Middle by the space of one myle. John Ash- field holdelh one part in Lodnicre in Creckeload by two furlongs. The Prior of Thetford, the Abbott of Ram- sey, and John Champeyne holdeth another part thereof by two furlongs. The Prior of Modney holdeth halfe a parte by two furlongs and more against the Abbott of Ilamsey. There is a draine in Sutton called the Mile, from Mid- dle Ditch unto SufFen Mouth, otherwise Horsey Ferry ; and from thence to Middlemore, Stampe, Shakepeake Load, Gungy, Middledich, Nor they, to Capload Willowe, soe to Hally Water Tree, and all Barr Load, by the Abbott of Ramsey, from Barr Load End to Prick Haffe, and is to be purged and cleansed by the towne of Mepall; from thence to Wardey by VVicham, VVitchford, and Wentworth ; from Wardey to Ottenbush by the Lord Scroope ; from thence to Downham Hythe, and soe to Many Fields End^ by the Bishop of Ely ; from Bye Lake at Huney Corner to the Newe Leame by the Abbott of Ramsey ; through Dawe Load to Many Fields End to the Mable atManey Watering, and soe to Chaufer Fen, by the Lord Scroope ; from thence to Wellney Water, through Darcey Load, by the Abbott of Ramsey ; from thence to the High Streame in Welney by the Bishop of Ely ; from Downham Hith to Downham Parke Corner, by the Bishop of Ely, and soe to Littleport Water. Anno 21, H. 8. Wyde Load beginneth at Four Loads End and dureth unto London Lode, and ought to be cleansed by the town of Well by the space of halfe a myle. The Prior of Thetford and Freires of Berwell ought to make cleane there by the space of twenty and six furlongs. The Prior of Lewes ought to make cleane there by the space of one myle. Anno 15 H. 6. There is a draine from Upwell to Wellney, and begin- APPENDIX. 1 i neth at Thirlinge Gate, and soe unto William Emmeth's Stow, and to be purged and repayred by the Prior of Marmond and Cannon of Thirlinge; from thence unlo Weddinge Stow by William Damett, the Prior of Lewes, and the cellerie of Ramsey ; from thence to St. Pelers- weyre by Anthony Cotton Knight, Peter Church the Prior of Marmond and cellarie of Ramsey ; from thence unto Coleman Drove, by the cellerie of Ramsey ; from thence unto the Weyre Dyke, by the Prior of Marmond and the cellerie of Ramsey ; from thence almost unto Horninge is to be purged and repayred in forme afore- said by the Prior of Marmond and the cellerie of Ram- sey ; from thence unto Harrye With or Wight, by the Prior of Modney ; from Harrye Wight unto Friday's Lake's End, by the cellerie of Ramsey, the heires of Colevill, and John Bruden ; from thence unto John Gardus Dyke, by the Prior of Marmond ; from thence unto John Gardner's Dore, by the heirs of Colevill; from thence unto John Crainford's Water, by the Bishop of Ely ; from thence unto Darcey Loade, and soe to Hale's End, by the Abbott of Ramsey ; from thence unto Litlleport, by the Bishop of Ely. The 21st year of Henry the Eight. The Water of Neane beginneth within North'ton unto the bridge at Peterborgh, and from thence unto a cer- teine place called Noemans Lands, and there it outreth into the South Ea, and is distant from the said bridge to Noeman's Land 14 miles by estimac'on. And the same Water of Neane ought to be made cleane and scowred by the Abbott of Peterbourgh and the Abbott of Thorney. And from Noeman's Land unlo Dove's Dale ought to be scowred and made cleane by the Abbott of Croyland and the Abbott of Thorney for the space of 4 miles. And from Dovesdale unto Clowes Cross, by the Abbott of Thorney for the South part, and the Abbott of Croyland, ihe townshipps of llolbicb, flcete, and Sut- 12 APPENDIX. toil for ibc North part, by the space of inyles by esty- niac'on. J 5 II. 6. The towne of Whittlesea tyme out of minde ought and were wont to cleanse a sewer called Witllesea Ditch, viz, from Woodshedd in Wiltlesey unto Wardscote in Doddington, that the water may have his course unto the greate river in Wisbech. 15 H. 6. From the Cross and Borough Streame at Middle Holmes End, dividinge Norlh'lonsheir and Cambr'sheir, is to be cleansed, purged, and scoured by the Abbotts of Peterbourgh and Thorney. From Fincett Cross unto Noemans Land, and to Thirtie Acres Barr, dividinge Lin- colnsheir and Cambr'shir, by the Abbotts of Croyland and Thorne3% From 30 Acres Barr to Oovesdale, entringe into the South Eae, by the Abbott of Croyland ; from thence to Maries Cote, the South part by the Abbott of Thorney, and the North parts by the towneshipps in Hol- land abbuttinge upon them. From Maries Cote to the next part of Throckenholt, the South part by the hun- dred of Wesbech, and the North part by the Townes abuttinge upon them. And from that part of Throcken- holt to Clowescross, the South part by the Abbott of Thorne}' and the North part by the tenants of Sutton and Tydd St. Mary. From Clowes Cross to Guyhurne Corner, and soe to the point at my Lord's Water, with the Hundred of Wishbich. From Greate Cross to Grudgman's Lake, by the Abbott of Dereham ; from thence to the Mouth by the Bishop of Ely ; and from the Mouth to the Sea by the Hundred of Wisbech. 21 H.8. The Townes Doddington, Merche, Witheford, and Wimblington ought and were wont and accustomed to ditch and cleanse one sewer called Idenhea, in bredth 32 foote, and from Idenhea Plant unto Redich Lake, soe that the water may have his course unto the greate river in Wisbech, and that the landholders of the lands APPENDIX. 13 and tenements called the Pavements in M'ch aforesaid, tyme out of mynde ought and were accustomed to make and cleane one sewer, Frowards Coate in Doddington unto Wyse Mouth in Wisbech, so that the water may have his course unto the greate river in Wisbech. Anno 15 H. 6. Oldsmash Load begiimeth from Wide Load, and ought to be repayred by the Bishop ot Ely by the space of halfe a myle. The Abbott of Dereham and John Aylesham ought to repayre and cleanse there by the space of half a furlong. Anno 15 H. 6. Cockes Load beginneth at Huney Corner, andendureth unto Many Field End, and is to be repayred by the Ab- bott of Ramsey ; and from Many Fields End unto Har- rie Mayes Cote ought to be repayred by the L. Scroope, and also by him unto Many Loads End. 15 H. 6. Creek Loade beginneth at Four Loads End, from the beginninge at the greate streame of Modney unto a wyllow, by the space of two furlongs, and is to be re- payred, clensed, and purged by the Bishop of Ely; from that willow unto Polver Lake, by the space of a mile and more for the one side, by the cellerie of Bury, and for the other side by the priorie of Modney. The priorie of Norwich for the church of Fordham. The Parson of Helgay for his church of Helgay. The landholders for the land late Massinghams, and the land late Berwells, ought to repayre the foresaid sewer called Creek Loade, against the aforesaid cellarie of Bury, from the foresaid willows unto Pulver Lake. The cellarie of Bury hath one halfe part in Partic Myddle in Creekload against all men by the space of 2 miles. The Abbot of Ramsey ought to cleanse and make Balkeweyer abutt upon Cuatt Load, by estymac'on one-quarter of a mile. The Prior of Norwich, the Parson of Helgay, and the land- holders of the land late Massinghams and Berwells, ought to repayre unto Four Loads End. Thomas Butler, of 14 APPENDIX. Helgay, ought to cleanse Hoggs Middle in Creek Loade aforesaid, by one furlong. The Duke of Glocestcr hath one part in Groatc Weyre in Creeke Lode, against all men, by one mile. The Prior of Caslle Acre, the Abbott of VVendlinge, and the landholders of the land late Bar- wells, hath one other part there by the space of one mile. 15 H. 6. New Ditch beginneth at VVellney Water and soe to Swan Poole, and from thence to Greater Meere and soe to Four Loads End, and is to be cleansed by Thomas Harris, the tovvne of Littleport, and Abbott of VVendlinge. Guatt Load beginneth at Hawkins Bytt and dureth unto the Four Loads End, and is to be scoured by the townshipp of Littleport and Ely. 15 H.6. Ungemiddle is to be purged for one part by the space of two furlongs against the Prior of Thetford, Thomas Ashfield, and the Abbott of Ramsey, for the lands of Nicholas Orme by the Prior of Modney. 15 H. 6. Cerdismiddle for one furlong is to be purged by the Prior of Modney and the landholders of the lands late Massinhams. 15 H. 6. The Newe Leame beginneth al Horsey Ferrey and soe forth to Keies Corner, and is to be scoured by the towne of Chartris ; and thence a furlonge by the Abbesse of Chatteris ; from that place furlongs by the towne of Chatteris 5 from thence furlongs by the Abbott of Ramsey; from thence to Doddington Weales by the towne of Chatteris ; from thence to the Parkes End by the Bishop of Ely; from thence to Winiblinglon Hooke by the townes of Doddington and Wimblington ; from thence to the High Streame by the town of March. 21 H. 8. Tyme out of minde the Abbott of Thorney and his predecessors, by reason of their tenure in them, ought and were accustomed to cleanse one sewer, from Muscote in Thorney nnto Thorney Barr in the same towne ; and APPENDIX. 15 from thence unto Settinglake in Wisbech ; and fiom thence uulo Muscote in Thorney ; and from thence unto South Eae in Wisbech. 15 H. 6. Web winch Lake, for and by the space of two myles, is lo be purged by the Abbott of Ramsey. The towne of Well ought to purge from Well Shole by half amyle, and from thence unto Mullicourt by the space of one furlonge, by the Prior of Lynn ; and from thence by the space of one mile and more, by the Prior of Lewes ; and from thence by the space of three furlongs, by the Bishop of Ely and John Alesham. The Abbott of Ramsey ought to purge the course of water from the North Delph unto Salters Load. 19 Rich. 2. Darsey Loade beginneth at Wellney Water and soe continueth unto Maney Towuesend, and is to be scoured and cleansed by the Bishop of Ely by estimac'on two miles and beyond. The Lord Scroope ought to cleanse and scoure from Darey Load unto Maney Towne's End, by the space of one mile and a half. 15 H. 6. Small Load beginneth between Well and Outwell, whereof the Abbot of Dereham is to cleanse from the great river in Well unto Ingram's Hume, three quarters of a mile. The Abbott of Dereham is to cleanse with John Ale- sham from Ingram's Hurne to Leaman's Hooke, one mile. Maydloade beginneth at Wellney Water and dureth unto Schepload, and soe to Sheppie Loadc's End, whereof Richard Craniford and Clarie Craniford is to cleanse a furlonge, Mr. William Dunthorne a mile and more with the townshipp of Well, and the same town- shipp of Well to cleanse one mile and more. 15 H. 6, Creeke Load beginneth in the Great Ea, between March and Well, and dureth directly unto Elm, con- teyning by estimac'on G miles, and to be scoured and made by the Bishop of Ely and the Abbott of Bury < <|ually. 21 H. 8. 10 APPENDIX. John Sainbrookc, Prior of Fakenham, is to secure Shepc Load half a mile. Thomas Bewperie half a mile. The Abbott of Ramsey, half a mile. John Fineham, half a mile. The I'rior of Walsinghaiu, three-quarters of a mile. The Prior of Lynn, shall scower three furlongs unto Shepil Loads End. The Water of Welland beginneth beyond the Towne of Stamford, and so runneth to the Triangle Bridge within the Towne of Croyland, and from thence one part runneth from Spalding Eae, and the other part runneth unto Nomans Land. 15 H. 6. Tyme out of minde the Abbott of Thorney and his pre- decessors ought, and were accustomed, for their lands in Throckenholt in Wisbech, to cleanse one sewer in Thorney, from Throckenholt aforesaid unto Clowscross in Lewington, next to the bank of Sutton, called South Eae Dike. 15 H. 6. Jollies Myddle, by the space of a mile, is to be scoured by the Prior of Thetford. And New Diche unto VVell- ney Water, is to be purged by the Town of Litlleport, Thos. Harris, and the Earle of Worcester, for one mile. 15 H. 6. Whap Load, Holbich Load, and Fleete Hea, are to be repayred by the said severall Townshipps. 19 P-ic. 2. The waters on the South side of Ravens Dike have their natural fall from the West to the East, and not Northward. The waters on the North side of Ravens Dike have indifferent passage to the Sea, so the deepes may bee amended and preserved. There is a common draine, viz. Waterbeure in Wig- genhall, verie insufficient to deliver the aboundant of waters from the countrie of Marshland, atid ought to be cast and purged by the inhabitants and landholders of Walsoaken, Terrington, Tillney, and Wiggenhall. 28 H. 8. There is in Marshland a drain called John's Load, I APPENDIX. 17 extendinge from the Hooke unto John Load Goole. Alsoe another drain called Bustard's Load, extendinge from the said Hooke unlo Bustard's Goole, next the niaine river. Alsoe another draine called Griggsload, extending from a place called the Lowevvay to the Goolehedd at the main river, which is to be sufficiently diched and scoured by the townshipp of Wiggenhall. Alsoe a draine extendinge from West Fen Ditch to Grigg Goole, is to be repayred by the landholders abut- tinge upon the same. Alsoe a draine called Martine Draines within the p'cincts of Wiggenhall, whereby aboundance of salt waters cometh in and cannot gelt out again, is and ought to be stopped upp by the Abbott of West Dereham, and by Crabb Howse. Al- soe a drain called Newditch beginneth at the west part of the Common of Stowbardolph Winbotsham and Downham, and so extendeth into the maine river, is is greately deca3ed, whereby the countrie is greately an- noyed, and hath been accustomed tyme out mynde to be repayred and kept sufficiently by the commoners of the said townshippe. Alsoe a draine called Rightforth Load is to be scoured by the townes of Outwell and Upvvell. Alsoe a draine called Stovvbardolf Draine, extending from the North Hook into the Maine River, through a Goole ple'yninge to the charge of the inhabitants of Outwell and Upwell, ought to be cast and scoured by the Lord of Stowbardolph and his tennants. 28 H. 8. 13 APPENDIX- No. IV. 153J. SEWERS ACT, 23 H. 8, c. 5. The Bill of Sewers, with a new Proviso, S^c, Sewers 1. OuR soveieiffn Lord the Kina;, like a vertuous and Kowti.rthc . * . . Commission of most gracious Prince, nothing earthly so highly weigh- exicHd. *^o> ^^ ^'^^ advancing of the common profit, wealth, and commodity of this his realm, considering the daily great damages and losses which have hapned in many and di- vers parts of this his said realm, as well by the reason of the outrageous flowing, surges, and course of the Sea in and ifpon marsh-grounds, and other low places heretofore through politick wisdom won and made profitable for the great commonwealth of this realm, as also by occasion of land waters, and other outrageous springs, in and upon meadows, pastures, and other low grounds adjoyning to rivers, fiouds, and other water-courses : and over that by and through mills, mill-dams, wears, fishgarths, kedels, gores, gotes, fludgates, locks, and other impediments, in and upoti the same rivers and other water-courses, to the inestimable damages of the c'ommon wealth of this realm, which daily is likely more and more to increase, unless speedy redress and remedy be in this behalf shortly provided: wherein albeit that divers and many provisions] have been before this time made and ordained, yet none of them are sufficient remedy for reformation ol" the pre- misses, hath therefore by deliberate advice, assent of his Lords spiritual nill temporal, and also his loving Com- mons in this present Parliament assembled, ordained, es- tablished, and enacted, That Commissioners of Sewers,; APPENDIX. 19 and other premisses, shall be directed in all parts within this realm from time to time, where and when need shall require, according to the manner, form, tenour, and effect hereafter ensuing, to such substantial and indifferent persons as shall be named by the Lord Chancellor 'and Lord Treasurer of England, and the two Chief Justices for the time being, or by three of them, whereof the Chan- cellor to be one. IL Henry the Eighth, &c. Know ye, That forasmuch The form of the .1 11 T 1 1 I .. 1 1 Commission of as the walls, ditches, banks, gutters, sewers, gotes, cal- sewers. cies, bridges, streams, and other defences by the coasts of the sea, and marsh ground, being and lying within the limits of A., B., or C. in the county or counties of or in the borders or confines of the same, by rage of the sea, flowing and reflowing, and by mean of the trenches of fresh waters, descending and having course by divers ways to the sea, be so dirupt, lacerate, and broken : and also the common passages of ships, balengers, and boats. The several in the rivers, streams, and other flouds within the limits awarding the of A., B., or C, in the county or counties of , or sowers'''''" "^ in the borders or confines of the same, by mean of setting up, erecting, and making of streams, mills, bridges, ponds, fishgarths, mill-dams, locks, hebbing- wears, hecks, floud-gates, or other like lets, impediments, or annoy- ances, be letted and interrupted, so that great and ines- timable damage for default of reparation of the said walls, ditches, banks, fences, sewers, gotes, gutters, cal- cies, bridges, and streams ; and also by mean of setting up, erecting, making, and enlarging of the said fishgarths, mill dams, locks, hebbing-wears, hecks, floud gates, and I other like annoyances in times past hath hapned, and yet is to be feared, that far greater hurt, loss, and da- mage is like to ensue, unless that speedy remedy be provided in that behalf. IlL We therefore, for that by reason of our dignity What things and prerogative royal, we be bound to ])rovido for the sioners of Sew- c2 20 APPENDIX. CIS are autho- rized to do. safely and preservation of our realm of England, willing that speedy remedy be had in the premisses, have assign- ed you, and six of you, of the which we will thai A., B., and C. shall be three, to be our justices, to survey the said walls, streams, ditches, banks, gutters, senders, goles, calcies, bridges, trenches, mills, mill-dams, floud-gales, ponds, locks, hebbing wears, and other impediments, lets and annoyances aforesaid, and the same cause to be made, corrected, repaired, amended, put down, or reform- ed, as case shall require, after your wisdoms and discre- tions ; and therein as well to ordain and do after the form, tenonr and effect of all and singular the statutes Inquiry by and ordinances made before the first day of March, in S^annoyln^s *^*^ ^^'^^^ ^"^ twentieth year of our reign, touching the come. premisses, or any of them, as also to enquire by the oaths of the honest and lavvfull men of the said shire or shires, place or places where such defaults or annoyances l>e, as well within the liberties as without, (by whom the truth may the ralher.^be known) through whose default the said hurts and^^damages have hapned, and who halh or holdeth any lands or tenements, or common of pasture, or profit of fishing, or hath or may have any hurt, loss, I or disadvantage^ by any manner of means in the said places, as well near to the said dangers, lets, and impedi- ments, as inhabiting or dwelling thereabouts, by the said walls, ditches, banks, gutters, goles, sewers, trenches. Assessing the and other the said impediments and annoyances : and all person to be i - i i contributory to those persons, and every ot them, to tax, assess, charge, ec arge. distrain and punish as well within the metes, limits, and bounds ol old time accustomed, or otherwise, or else- where within our realm of England, after the quantity of their lands, tenements, and rents, by the number of acres and perches, after the rate of every person's portion, tenure, or profit, or after the quantity of their common of pasture, or profit of fishing, or other commodities there, by such ways and means, and in such manner and APPENDIX. 21 Form as to you, or six of you, whereof i\. B. and C. to be three, shall seetn most convenient to be ordained and done for redress and reformation to be had in the pre- misses. And also to reform, repair, and amend the said walls, ditches, banks, gutters, sewers, gotes, calcies, bridges, streams, and other the premisses, in all places needfull : and the same as often and where need shall be, to make new ; and to cleanse and purge the trenches, sewers, and ditches, in all places necessary : and further, to reform, amend, prostrate, and overthrow all such mills, streams, ponds, locks, fishgarths, hebbing-wears, and other impediments and annoyances aforesaid, as shall be found by inquisition, or by your surveying and discre- tions to be excessive or hurtfull ; and also to depute and Appointing of design diligent, faithfull, and true keepers, bailiffs, sur- tors, surv^ey- veyors, collectors, expenditors, and other ministers and "nfe'ri^"'^ °ffi^^ officers, for the safety, conservation, reparation, reforma- cers, tion, and making of the premisses, and every of them, and to hear the accompt of the collectors and other mi- nisters of and for the receipt and laying out of the money that shall be levied and paid in and about the making, repairing, reforming, and amending of the said walls, ditches, banks, gutters, gotes, sewers, calcies, bridges, streams, trenches, mills, ponds, locks, fishgarths, floud- j gates, and other impediments and annoyances aforesaid: I and to distrain for the arrerages of every such collection. Distraining for I tax, and assess, as often as shall be expedient, or otherwise ofthrmonev to punish the debtors and deteiners of the same by fines, assessed. ' amerciaments, peins, or other like means after your good discretions : and also to arrest and take as many carts. Taking of la- 1 , ^ J .1 • t 1 bourers, work- horses, oxen, beasts, and other instruments necessary, men, andcar- ' and as many workmen and labourers as for the said works ""f'^''> timber, J and otlier ne» and reparation shall suffice, paying for the same compe- cessarics. tent wages, salary, and stipend in that behalf: and also '.ake such, and as many trees, woods, underwoods, and iinber, and other necessaries, as for the same works and 22 APPENDIX. To make sta- tutes and ordi- nances. Awarding of writs and pre- cepts of she- riffs, bailiffs, and others. reparations shall be sufficient, at a reasonable price for you, or six of you, of the which we will that A. B. and C. shall be three, to be assessed, or limited, as well within the limits and bounds aforesaid, as in any other place within the said county or counties near unto the said places : And to make and ordain statutes, ordinances, and provisions, from time to time, as the case shall re- quire, for the safeguard, conservation, redress, correction, and reformation of the premisses and every of them, and the parts lying to the same necessary and behoovefull, after the laws and customs of Rumney-marsh, in the county of Kent, or otherwise, by any ways or means, after your own wisdoms and discretions. And to hear and determine all and singular the premisses, as well at our suit, as at the suit of any other whatsoever, com- plaining before you, or six of you, whereof A. B. and C. shall be three, after the laws and customs aforesaid, or otherwise, by any other ways and means after your dis- cretions. And also to make and direct all writs, precepts, warrants, or other commandments by virtue of these pre- sents, to all sheriffs, bailiffs, and all other ministers, officers, and other persons, as well within liberties as without, before you, or six of you, whereof the said A. B. and C. to be three, at certain days, terms, and places to be prefixed, to be returned and received ; and further to continue the process of the same, and finally, to doe all and every thing and things as shall be requisite for the due execution of the premisses, by all ways and means after your discretions : And therefore we com- mand you, that at certain days and places, when and where ye, or six of you, whereof the said A. B. and C. to be three, shall think expedient, ye do survey the said walls, fences, ditches, banks, gutters, gotes, sewers, cal- cies, ponds, bridges, rivers, streams, watercourses, mills, locks, trenches, fishgarths, floudgates, and other lets, im- pediments, and annoyances aforesaid, and accomplish, APPENDIX. 23 fulfill, hear, and determine, all and singular the pre- misses in due form, and to the effect aforesaid, after your good discretions: And all such as ye shall find Tocompell negligent, gainsaying, or rebelling, in the said works, their orders.^^ reparations, or reformations of the premisses, or negli- gent in the due execution of this our commission, that ye do compell them by distress, fines, and amerciaments, or by other punishments, ways or means, which to you, or six of you, whereof the said A. B. and C. shall be three, shall seem most expedient for the speedy remedy, redress, and reformation of the premisses, and due exe- cution of the same : And all such things as by you shall be made and ordained in this behalf, as well within liber- ties as without, that ye do cause the same firmly to be observed, doing therein as to your justices appertainetb, after the laws and statutes of this our realm, and accord- ing to your wisedoms and discretions. IV. Saved always to us such fines and amerciaments A command- 1 /- 1 n I 1 A 1 1 1 menttoall as to US thereof shall belong. And we also command sheriffs to re- our Sheriff or Sheriffs of our said county or counties of ^"'^'^ l^efore the •^ CommissioDera that they shall cause to come before you, or such jurors as shall be expe- six of you, ot the which A. B. and C. shall be three, at dient for in- such days and places as ye shall appoint to them, such ^"""y* and as many honest men of his or their bailiwick, as well within the liberties as without, by whom the truth may best be known, to enquire of the premisses ; command- All other offl- ine also all other ministers and officers, as well within c^rs shall be » ^ attendant unto liberties as without, that they and every of them shall be ^1'^ Commis- sioncrs attendant to you in and about the due execution of this our commission. In witness whereof we have caused these our letters patents to be made. Witness our self at Westminster, the day of in the year of our reign. V. And it is also enacted. That every such person as TheCommis- 1111 1/-^ •• •.1 1 ■■ sinners shall sliall be named L/ommissioner in the said commission, take an oath after he hath knowledge thereof, shall effectually put his 24 AppE^fDfx. diligence and attendance in and about the execution o( tbe said commission. And before he shall take upon him the execution of the said commission, he shall take a corporal oath before the Lord Chancellor, or before such to whom the said Lord Chancellor shall direct the King's \i,ril o^ Dedimus potes/atem to lake the same, or before the Justices of the Peace in the quarter sessions holden in the shire where such commissions shall be directed ; the tenor of which oath hereafter ensueth; The form of Ye shall swear, That you to your canning, wit and tlie oi th. 1 11 1 1 • T/T> 1 1 1 • power, shall truly and indinerently execute the authority to you given by this Commission of Sewers, without any favour, affection, corruption, dread or malice to be born to any manner of person or persons : And as the case shall require, ye shall consent, and endeavour your self for your part to the best of your knowledge and power, to the making of such wholesome, just, equal, and indif- ferent laws and ordinances, as shall be made and devised by the most discreet and indifferent number of your fel- lows being in commission with you, for the due redress, reformation, and amendment of all and every such things as are contained and specified in the said commission, and the same laws and ordinances to 3'our cunning, wit, and power, cause to be put in due execution, without favour, meed, dread, malice, or affection : as God you help, and all Saints. A confirmation VL And it is also enacted by the authority aforesaid, tutes^^'^^^" That all and every statute, act and ordinance heretofore made concerning the premisses, or any of them, as well in the time of our Sovereign Lord the King that now is, as in the time of an}' of his progenitors Kings of this realm of England, not being contrary to this present act, nor heretofore repelled, from henceforth shall stand and be good and effectual for ever, and to be put in due exe- cution, according to the true meaning and purport of the game. APPENDIX. 25 VII. And over that it be enacted, That the Commis- The authority of the Com- missioners. sioners hereafter to be named in any of the said com ° '^ '*'™ missions, according to the purport and effect of the same commissions, have full power and authority to make, constitute, and ordain laws, ordinances and decrees, and further to doc all and every thing menlioned in the said commission, according to the purport, effect, words and true meaning of the same. And the same laws and ordi- nances so made, to reform, repell and amend, and make new from time to time, as the cases necessary shall re- quire in that behalf. VIII. Provided alway, and it is enacted. That if any The ordinances person or persons being assessed or taxed to any lot or o/t:oinmis- r r o J ^ ^ sioners upon charge for any lands, tenements or hereditaments within those which re- the limits of any commission hereafter to be directed, do not pay the said lot and charge according to the ordi- nance and assignment of the Commissioners having power of the execution of the said commission : by rea- son whereof it shall happen, the said Commissioners having power of the execution of such commission, for lack of payment of such lot and charge, to decree and ordain the same lands, tenements, and hereditaments from the owner or owners thereof, and their heirs, and the heirs of every of them, to any person or persons for term of years, term of life, in fee simple, or in tail, for pay- ment of the same lot and charge ; That then every such decree and ordinance so by them made and engrossed in parchment, and certified under their seals into the King's Court of Chancery, with the King's royal assent had to the same, shall bind all and every person and persons that at the making of the same decree had any interest in such lands, tenements or hereditaments, in use, pos- session, reversion, or remainder, their heirs and feoffees, and every of them, and not to be in any wise reformed, unless it be by authority of Parliament hereafter to be summoned and holden within this realm. 26 APPENDIX. The Commis- sioners rX. in the said coimnission within the fees, liberties, and possessions of the principality of Wales, the county palatine of Chester, or within the fees, liberties, and pos- sessions of any other place where there is Uberty and jurisdiction of county palatine, that in every such case two commissions shall be awarded and made according lo the terior of the commission above expressed, one thereof under the great seal of England, and the other the usual seal of the county palatine, in manner and form as is above provided for the dutchy of Lancaster, any thing afore rehearsed in this present act to the con- trary notwithstanding. The King's XIX. And it is |)rovided, and also enacted, That the shaU be ccrtifi- ^oyal assent limited to be had unto the laws and ordi- cd into the nances to be made by the said Commissioners, as is Chancery. •' abovesaid, shall be certified into the said Court of Chan- cery under the King's privy seal. And that there shall not any sum of money be paid for the same privy seal : but for the writing of the same certificate under the said privy seal, shall be paid to the writer thereof ij. s. and not above, nor no other nor greater sum for any thing touching or concerning the same certificate under the same privy seal. Commissions in XX. Provided alway. That the Chancellors, and such counties paia- Other as shall have the custody of the seals of the said ^'"'^" principality of Wales, or the county palatine of Chester, or within the fees, liberties, and possessions of any other place where there is liberty and jurisdiction of county palatine, upon reasonable request, and upon the sight of the commission under the King's great seal of his Chan- cery, shall without delay make out another commission under the seal of the said county palatine, according to the tenor of the King's commission to them shewed under his great seal : And to those commissioners as shall be named by the Lord Chancellor, Lord Treasurer, and the two Chief Justices, or by three of them, whereof the Lord APPENDIX. Chancellor to be one, except it be within the fees and liberties of the dutchy of Lancaster, within which fees and liberties the Commissioners shall be named, and commissions made as is afore ordained by this act ; any thing contained in the said act, or in any proviso there- unto added and annexed to the contrary thereof notwith- standing. This act is to endure for xx. years. Stat. 3 Ed. 6. 8. made perpetual. Slat. 3 Jac. 14. Regist. f. 127. 31 No. V. 1536. An Inquisic'on taken at Wiggerhall St. Marie the lo May. 10th day of May, in the 28th yeare of the raigne of 28 Hen. 8. Kinge Henry the Eight, before Roger Townesend and William Paston Knights, William Cunnesbie, Thomas Dereham, John Fincham, Thomas Thursbie, Esqres., Thomas Guybon, and Thomas Prentice Gent. ; and other Commissioners by the Kinge's letters patents to ihem directed, as by the oathes of William Martin Gent., Adam Tovye, William Lawson, Ilumfrie NichoU, Tho- mas Wright and others ma}'^ appeare. That there is a draiue in Emmeth, belonging to a certaine feild called Satfeild and Hanstcd, extendeth from Emmeth Sidyke on the west part of the same field, and from thence to the Styles, at which place the draines of both the said feilds do meete and joyne, and so run into the Fen from thence, and ought to be cleansed by old customc by the landholders in Sufleild and llawsted abultinge upon the same drainc, which said drainc ought to be from 32 APPKNDIX. brinkc to brinkc 9 footo and 5 f'oote dcepc. There h another clraine in Ennneth, called Church I'cild and North Feild Draine, extending tVoin Seadykc Dole imto llnnpe- more, and iVom thence eastward nnto VVliicks Bridge, and soe to ^JiddIe Fodder into the Common Sewer or Water Leasnre of Marshhind called Smeelh Loadj and onght to be purged and cleansed by the landholders in the same ieilds. Alsoe there is a draine in Kmmetli called New- feild Draine, extendeili from llalloughcrofts on the west, and soe leading to Portesbush, and soe to Hawkins Bridge, and ihence to Himgate Dyche, and soe to Noe- nians Land Corner, and soe unto theSmeeth Load, and is lobe purged and cast by the landholders of the samefeilds abutting uppon the same draine. There is alsoe a draine in Walsoaken called the Maine Draine, which extendelh from Holmes Bridge in Walsoaken on the north part of the towne untoSmeeth Load aforesaid, and is to be purged and repayred by the landholders abbut- ting upon the same draine. There is a draine in West- vvalton extending from Gibson's Bridge to the Smeeth Load, which said draine from Gibson's Bridge south- ward to the Watergate ought to be purged and repayred by the landholders of Walton, and from the Watergate to the Smeethload by the Bishop of Ely, the Prior of Lewes, and the convent of the same place and their suc- cessors. There is an old draine extendinge from Clincks Hurne on the north part, and abbutteth upon Neweland Lane on the south hedd, and ought to be made and kept by John Carter. There is another draine in Walton, ex- tendinge from Cross Greene by Hayle Hurne to Loyatt's Wallat the foote of Walton Seadyke, and soe to Gibson's Bridge, and ought to be scoured by the landholders abutting upon the same. The common draine of Ter- rington, extendinge from Fawkfeild unto Oxowborde, and from thence unto the Smeeth Load, and ought to be purged and repayred by the landholders of Terrington. APPKNDIX. And that the said township ought to cast and cleanse and purge one other draine in Terrington, extending through the same town to the Smeeth Load, and thence to the Sea. From Browne's Bridge in H argate unto Spowe the landholders of Tylney ought to cast and cleanse. Mordyke draine beginneth at Tunnbridge, and soe to the Common Water Leysure called the Wyndbridge. The said townshipp of Tylney with the hamlets ought to purge and cleanse Reed's Draine, beginning at Rosegate, and soe to the Common Waterley Sure. And alsoe Fen Ditch Draine beginneth at the west head of Tylney Drove, and so by the north side of the Fenn Ditch, unto Pollett's Goole, ought to be cleansed by the said town- ship. Alsoe another draine within the same towne begin- neth at the west end of More's Green, and extendeth to Creditch, and from thence to Fryth Dych Goole, and soe into the Maine River, and ought to be repaired by the same township. Alsoe another draine called Spellowfielcl Draine cominge out of Spellowfield, and soe to Mere Greene Draine, overthwhart Meexe's Greene, and ought to be cleansed by the same townshipp. Crowe Goole Draine beginneth at Crowe Goole, and extendeth to Neweland Gate, and from Neweland Gate to Barnwell Cloote, and from thence to Cow Stowpipe, and soe lo Rainham Gate, and is to be cleansed by the landholders of St. Peter's Fields, and St. Marie's Fields, and St. Jer- inan's Fields in Wiggenhall. Al^oe Wiggenhall Hcve- dings beginneth at Pickard's Hume, and soe leading to Hellbottome, being a draine in VViggenhall Fenn, and is to be ditched and scowered by the landholders of the Farm Fen. Another draine lying from VViggenhall More unto Sckales Corner, and soe by Ncwfield Hcavcdiiig, between the Spaldgougcs and Islington West Drove ought to be repayrcd by the landholders within the precincts of the Spaldgougcs. A draine called Symons Load, ex- lending from a place called the IJooke, and from thence D 33 34 Al'PBNDIX. to Syinons Lodegate at the Maine River, ought to be repajrred by the said townshipp. Crossload, extending from the Hooke to the Maine River, is to be repayred by the huidholders of VV^iggenhall. A°. 28 II. 8. No. VI. 1600. Approvement may be made between lords and common- ers of grcut marshes in se- veral counties, and tlie (lersons undertaking to keep tliem per- petually dry, &c. GENERAL DRAINING ACT, 43 ELIZ. c. 11. An Act for the recovering of ma?n/ hundred thousand Acres^ of Marshes^ and other Grounds subject commonly to sur- rounding, within the Isle of E/i/, and the Counties of Cambridge, Huntingdon, Northampton, Lincoln, Nor- folk, Suffolk, Sussex, Essex, Kent, and the County Pala- tine of Durham. Whereas it is apparent to such as have travelled in the execution of commissions of sewers in the isle and counties aforesaid, that the wastes, commons, marshes, and fenny grounds there subject to surrounding, may be recovered by skilful and able undertakers, whereby great and inestimable benefit would arise to her Majesty, her heirs and successors, disburdening her Highness of many chargeable banks and works of sewers within those surrounded grounds, as the increase of many able sub- jeclsi, by habitations being there erected, and in like sort profitable unto many her Highness subjects, both bodies politick and corporate, who have estate of inheritance. APPENDIX. 35 and other interest within the same: and for that the draining and making dry and profitable of those sur- rounded grounds is chiefly hindred, for that the greater part of them are wastes and commons subject yearly to surrounding, wherein divers have common by prescrip- tion, by reason of their resiancy and inhabitancy, which kind of commons, nor their interest therein can by the common law be extinguished, or granted to bind others which should inhabit there afterwards ; and in that also it appeareth, that the commoners in respect of their po- verty, are unable to pay the great charges to such as should undertake the recovery of the same : II. It may please your Majesty, That by your High- A bargain be- ness, and the lords spiritual and temporal, and the lords and com- commons in this present parliament assembled, and the ^astes^'and authority of the same, It may be enacted. That the lord ^^"^ under- or lords, as well bodies politick or corporate, as any other person or persons whatsoever, of all and every the wastes and commons aforesaid, and the most of the commoners for the particular commons, and likewise the owners and such as have, or shall have interest in any several sur- rounded grounds lying within or near the same, may con- tract or bargain for part of such commons, wastes, and severals aforesaid, with such person and persons which will undertake the draining and keeping dry perpetually the severals, wastes, and commons of that quality ; which contract and bargain, and conveyances thereupon made, shall be good and available in law to all construc- tions and purposes, against the said lords of the said soil, and owners of several, and their heirs, successors, and as- signs, and all the commoners, and such as shall or might have common or interest there afterwards, according to the contracts, covenants, provisions, and agreements in those conveyances to be specified, and for so much of such commons, wastes, or severals as shall be so con- tracted or conveyed, to hold and enjoy in severalty to D 2 36 Al'PKNfHX. Where the (^neeu is owuer of tlie soil o( the waste or com« mon, or of part thereof. such person and persons, his or their assignee or assig- nees, as shall or have undertaken the same, in such man- ner and form as his or their estates and interests are or shall he, by or upon such contracts or agreements, by such convcynnccs limited and appointed. III. Provided notwithstanding, and be it enacted by the authority aforesaid. That in all cases where your High- ness, your heirs and successors is or shall be lord or owner of the freehold of the soil of such wastes or commons, or any part of the same, that the most part of the com- moners in such your Highness soil, shall or may con- tract, bargain, assign, and set forth, as is aforesaid, part of their common therein, to any person or persons which will undertake the draining of that whole common (ac- cording as the lords and the most part of the commoners in the surrounded wastes and commons aforesaid of bo- dies politick or corporate ma}' do, as is before declared :) which shall bind and be good and available against all the said commoners, their heirs, executors or assigns, and all others that shall hereafter by reason of any their re- siancy, claim any common of pasture in the said wastes or common grounds whereof the soil doth or sliall per- tain to your Majesty, of and for all their interest or claim of common therein, to hold according to the true intent and effect of such contract, bargain, assignment, and conveyances by writing indented, sealed and delivered by the most part of such commoners, as shall be made between the most part of such commoners and such un- dertakers ; but shall not in any sort be of any effect or yalidity against your Highness, your heirs, successors, or assigns, or their estate or estates, in or to the soil thereof, except such conveyances be by writing indented in parch- ment, and one part thereof under the hands and seals of roost part of the commoners so contracting the same^ certified into your Highness High Court of Chancery, if the wastes or soil shall be of the possessions of your APPENDIX. 37 Highness crown of Enoland: and except your Majes- The Queen's " J • • £• J 1 assent under ty's royal consent be obtained thereunto, and signified by the privy or and under your Highness privy seal, or great seal, and in- fnroiiedVuhe rolled in your Highness said Court of Chancery, and after tJhaacery. such assent so had, signified and inrolled, then the same contracts and covenants shall be good and available to all and every such undertakers, their heirs and assigns, against your Highness, your heirs and successors, accord- ing to the provisions, agreements, and covenants so as- sented unto by your Highness, your heirs and succes- sors : and where they are of the possession of the dutchy The Queen of Lancaster, then the said contract, bargain, assignment, wastes, being of or from your Highness, shall not be of any effect or dutchy land, validity against your Highness, your heirs, successors, and assigns, except such contract and bargain touching the premisses, and such assignment and setting forth of such part of the said undertakers to hold in severalty, be by writing indented in parchment, sealed and delivered by the said commoners, or the most part of them, and the said undertakers, and one part thereof certified under the hands and seals of most part of the commoners, into your Highness Court of the dutchy of Lancaster for the time being, and your Majesty's royal consent, under the seal of the said dutchy obtained thereunto, and there inrolled in that Court: which consent royal being ob- tained for the soil of such waste, being of the possessions • of the crown, and under the seal of the said dutchv, of your Highness soil of such wastes as are of those posses- sions, the said undertakers, and their heirs and assigns, shall and may enjoy in severalty, the soil of so much waste and common as was so contracted for, assigned and set forth by the most part of your Highness com- moners, in such sort and quality as the said undertakers shall hold and enjoy the interest of common, to all in« tents and purposes. IV. I'rovided always, and be it rnacted. That this ThisstiUutc 38 APPKNDIX. siiall extend but to fjo much common as shall he con- tract ' o J Otherwise tlian i)ower to cut and drain thorovv any other crrounds in any they may do by "^ the law. Other manner, then by the laws and statutes of this realm /i2tetoforc made, they may lawfully do. 42 AlM'ENniX. No. VIII. 1G16 COMMISSION OF SEWERS. 15 J. 1.— A.D. KJlG— 17. STATUTES, Lawes, Decrees, Ordinances and Con- stiluc'ons of Sewers, indented, made, enacted, ordered, decreed and established, all severall Ses- sions of Sewers, holden alt Huntington, in the county of Huntington, the foure and twentyelli day of February, in the ycare of the reignc of our Sovereignc Lord Jaines, by the grace of God, King of Enghmd, France, and Ireland, Defender of the Faith, Sec. the Fiveteenth, and of Scotland, the One and Fivetyeth, before Sir Francis Ford, Knight; Sir Miles Sandys, Knight and Barronett; Sir Robert Bevile, Knight; Sir John Cutt, Knight; Sir Christopher Cromwell, Knight; Sir Charles Benlowes, Knight ; John Pope, Doctor of Lawes ; Miles Sandys, William Mend}', Henry Cromwell, senior, Francis Browne, Peter Frankeland, Robert Audelyn, Humphrey Gardiner, Beslney Belts, Esquires; Jerome Beale, Batchelor of Divinity; Robert Buttlcr, Thomas Glapthorue, and Richard Stacye, Gentlemen, Commissioners of Sewers; amongst others assigned for the counl\'es of Liu- cohie, Norlh'ton, Huntington, Cambridge, Nor- folke Marsh, and the isle of Ely. The great and vast waters of the rivers of Ouze, neare Wcyland and Grant, often overflowing the bankes and brymmes of theire defective channells, as itt were con- APPENDIX. spireing the surrounding of the large and fruitful! fenns and marshes in the Isle of Ely and the adjacent coun- tyes, and certeyne selfe conceited, willfull, and over- weening persons, out of theyre owne singularity and perverse disposic'ons, noe lesse dangerously threartening the iminent ruyne of those parts, by spurning against the authority and proceedings of those (by whose prudence, care, industry, and diligence, such outrages were wont to bee prevented, avoyded, or suppressed,) by undue and enlawfull practices, under pretext or coulour of law, to question and discourage the Coniissioners, theire officers, and ministres, and to extenuate the authority of the co- mission of soe high a nature, large extent, and evident necessity, whereby the said countryes were in great dis- tresse, and the people much distracted and perplexed ; upon whose petic'ons and complaints, itt pleased the King's most excellent Majesty to command the lords and others of his privy counsell, to take consideration of the premisses, who after due exarainac'on and mature deliberac'on of the justice of the said complaynts, did nott only take present order for punishment of such stub- burne and perverse persons as had formerly opposed the power and authority of the Comissioners of Sewers, butt alsoe gave incouragement unto the Comissioners to proceed in theire wonted courses for suppressing the violences and preventing the dangers of the sayd over- flowing waters, and further promised theire patronage and assistance unto them in theire wonted necessary and due proceeding, as by theyre honourables letters and ordinances sent unto the Comissioners more evidently appeareth. Which being not3-fyed and publiquely read in soe great an assembly of Comissioners and inhabi- tants of all the countyes of Lincolne, North'ton, Nor- folke, Cambridge, Huntington, and the Isle of Ely, as hath scldome been secnc togeather att any one tyme be- fore, att a General) Sessions of Sewers lioldcn at Wis- 43 44 APPENDIX. beach, the twelvth day of June hist |)ast, all the hearers did with enspeakeable joy and gladnesse apprehend, and with all humble ihankf'ullnesse acknowledge his Majestye's most gracious respect of these distressed countryes, and their Lordshipps honourable care in the premisses. Butt the Comissioners thereby encouraged to proceed in the publique service according to his Majestye's said co- mission to them dyrected, did forthwith give warrant and order for severall returnes to be made of loure and twenty substantial! and sufficient men for jurors of every of the said five counties and of the Isle of Ely, of whom the Comissioners selected thirteene of the most able and best experienced men out of every of the sayd returnes, viz. seaventy-eight in the whole number; did give them in charge personally to take viewe, dilligently to enquire and truely to present upon theire oathes all the defaults of all the said rivers and sewers, and all the branches and outfalls of every of them. And after such veiwe and en- quiry, the said jurors did upon theire said oathes, with a wonderfull and strange agreement and consent, give upp theyre verdict, the sixteenth of September last; where- upon and upon theire owne certeyne knowledge, after sundry meetings, and often and serious consultac'ons thereabout, the sayd Comissioners have finally, for the satisfacc'on of his Majestye's expectac'on, the perform- ance of the dyrecc'ons from that honourable board, the advancement of justice, and the publique benefit of the comonwealth, concluded, enacted, ordered, and for lawes of sewers sett downe, decreed, and established as fol- Wisbeacli lovveth, VIZ. First, that the great river of Wisbeach from River, from ^^ ^ ^^^^^ Wisbeach Bridge, and from thence to the Sea to the ^ Bridge, thence Mouth, and SO on to Guyhume Crosse, shall be dyked, to Guybirn. , ^ ■, i i ,■ i i cleansed, formed, scowrered, and pertected, to the an- cient breadth and to the old bottome, by those who of Wisbech bun- right ought to doe the same, viz. from the Sea unto Wis- SouthTa"the bcach Bridge and soe to the Mouth, by the hundred of Mouth, APrENDlX. 45 Wisbeach; and from the Mouth to the Guyhurne Cro?se, Lord Bishop of by the Lord Bishopp of Ely, his farmers, or tenants. MoiuhToGuy- And that the sayd vvorkes shall bee done, finished, and '"•■"• perfected, before the twentyeth day of June next coming, upon paine of three shillings fourepence to bee forfeited to his Majesty for every rood or perch nolt suiiiciently perfected by the day aforcsayd. And that the branch of Moreton's the river of Neane, called the New Leame, al's More- ton's Leame, shall be likewise dyked, cleansed, formed, and scoured, to the anlient breadth and old bottome, by Guyhirnto those who of right ought to doe the same, viz. from Guy- JJf,|I[^"^'°f' hurne Crosse to Medfrukoe, by the hundred of Wisbeach, Wisbeach, . thence to Mus- for their comon in the High Fenn ; and from thence to dyke, byinha- Musdyke, by the inhabitants of \A^hittlesey ; and from whiulesey. the Musdyke unto Standground Staff, by the heirs or Musdyketo assigns of Sir Anthony Mildmay, their farmers or ten- staff' by°An- nants, before the twentyeth day of July next comeing, thony Miid- under payne of three shillings foure pence for every rood where shall bee any default; and ihat all gravells, dames, driftways, passages, wares, slamps, slackes, cradgings, bowses, milles, incroachments, and other letts and impe- diuients hindring the fall of the waters, being within the lymitts aforesaid, viz. bctweene Standground Staffe and the Sea, shall bee amoved, avoyded, and utterly taken away, before the said twentyeth day of July next come- ing, by such persons as of right ought to doe the same, upon paine of five poundes for every default. And that Old Eau. the Old Ea being another branch of the river of Neene, from Ciaylake unto Middlehome hard att BuUdyke End ohl Eau from neere Peterborough, shall be roaded and cleansed to the Mhhiidmmc old bottome and anlient breadth, and all dames and 'if^rd at Huii- dvke, by D. Other stopps therein, shall be avoyded and utterly taken and C. of away by the Deane and Chapter of Peterborough, or ^ ''"'"'""'Sf'- tlieyre tennants. And from Clay Lake to Thorney clay Lake to Crosse, the sayd sewer shall be likewise roaded, cleansed, iVmVoTthe'^^* and bottomed, by the lord of the Cokenary of VVhitile- t;okeimry of *' -^ Whiltlcsey. 46 APPENDIX. Catswatcr Sower to Fyii- sctt Cross. East side by Lord Kusscll. "West by the Bishop of Peterborough. To Foochwil- low, and from thence to Henry Dike ar.il to Perkins Cote, by Lord Russell. Thorney Water, from Thorney Cross to Wride Ware, bv Lord Rus- sell. From ^^'ryde \VHre to High Penn Dike, by the Common- ers in W is- bcach High Fen. Hi!,'h Fenn Dike and South £au. From Guy- hurne Cross to Clows Cross, by Wisbech, Lewington, Newton, and Tydd St. Giles. Clows Cross to Hallgates, by Subon cum Mcmbris and sey, or the famur thereof. And that the sewer there, called Catswatcr, from Thorney Crosse to Fynsett Crosse, shall bee likewise diked, scoured, and cleansed, to the ancient breadth and depth, by the Right Honourable the Lord Russell, or his tennants or fanners for the lord- shipp of Thome}', on the East side; and on the West side, by the Lord Bishopp of Peterborough, or his farmers. And that the said sewer, called Cattswater, unto Foochwillow, and from thence to Henry Dike, and from Henry Dike to Perkins Coate, shall be likewise roaded, haffed, and cleansed, by the said Lord Russell, or his tennants, before the twentyeth of August next comeing. And that Thorney Water, from Thorney Crosse to Blacksdyke, and soe forth unto Thorney Gate, and from thence to Bawteshead and soe to Wryde Ware, shall bee roaded, hafted, cleansed, and scowered suili- ciently, to the anlient breadth and to the old botlome, by the said Lord Russell, his tennants, or farmers ; and that from Wryde Ware downe Wryde Lake unto High Fenn Dyke, the said sewer shall bee likewise haffed, roaded, cleansed, and dyked, by the comoners in Wis- bech High Fen, to the antient breadth and to the old bottome, before the said twentyeth of August, upon the paynes before specifyed. And it is further ordayned, enacted, and established and decreed, that the river called High Fenn Dike and South Ea, being also a branch of the river of Neene, shall be well and sufficiently dyked, haffed, cleansed, roaded, scowered, enlarged, wydened, and perfected, by such as of right ought to doe the same, to the ancient breadth and depth, from Guyhurne Crosse unto Clowes Crosse, viz. to the breadth of forty foot and six foot in depth, by the townes of Wisbeech, Lewington, Newton, and Tydd St. Gyles, as heretofore hath been accustomed ; and from Clows Crosse to Halgates, by the inhabitants and landholders of Subon cum Membris and Tydd St. Marye's, theyre APPKNDIX. 47 tennants and farmers, on the North part ; and the Lord Tidd St. of Tykenholt, on the South part, theire farmers or ten- ^^Q\.^\^ p^^". nants, before the twentveth day of AuQ;ust next come- """l,'^!"^ ^'^'i'^ ' . . ^ of Tykeuholt, ing, upon paine of three shillings and tourer pence, for on tiic south. every rood not being sufficiently done and perfected by the day aforesaid ; and from Hallegates to Goldyke, by Haiiearates tu '7. 1 o 1 Goldvke, by the inhabitants and landholders of Gedney and Subon Gedneyand cum Membris, soe far as theire limitts extend on the ivjenibHs"!)n North part: and by the inhabitants and landholders of the north ; and , hy Subon cuin Subon cum Membris, theire tennants and farmers, Membris, wholly on the South part, by the day aforesayd, and upon the paine aforesayd ; and from Goldyke to Dawes- Goldyke to ' ' •' , •' Dawesdale, by dale, on the North syde, by the inhabitants, landholders, Whapiode, farmers, and land occupyers, of the townes of Whap- p^^^j .^^^ lode, Holbeach, Fliett, and Gedney, every townshipp Gedney. soe farr as their particuler lymitts doe extend ; and on the South syde, by the lord and owners of Thorney, theire tennants and landowners, by the day aforesaid, and upon the paine aforesaid ; and from Dowesdale to Dowesdale to Tk.T , T 1 1 M 1 1 1 i-» • Norman's Normans Land, on the North S3^de, att the Jrrmces Land, on tiie charge, his tennants or landholders of Crowland : and on ./"iV.!'lf.'.''*^ o ■' ' the I'nuce s the South side, by the Lord of Thorney, or his tennants charge ; South side, by or landholders, by the day aforesaid, and upon the paine the Lord of aforesaid. And itt is further ordayned, enacted, and '"'°'^y- decreed, that the river of Welland from his outfall into Welland River, the Sea upwards unto Crowland, and from thence to Stamford Bridge, shall bee well and sufficiently dyked, haffed, cleansed, scoured, and perfected, to the antient breadth and to the old bottome, by such as by right ought to doe the same, according to the former lawes and decrees to that end made and provided, before the twenty eth day of June next comeing, upon paine of three shillings foure pence, for every rood nott being so perfected at the day aforesaid. And that all damms, wares, klampes, slakes, cradgings, skelmes, houses, in- croacliuients, and other lelts and impediments to the ("all 4S APPENDIX. Oii'rin;? banks, Dowe-silale to Crowliind. at the cliargc of the Prince. Crowland to Clonthouse, the same. fiO roods by Robert Chap- man. 2 J roods by \ViHiain Ab- bott. 2i roods by Widow Du- rant. 2i roods by Stephen Sow- croft. 5 roods by Symon Morley. 4 roods by Thomas Dixon, Ouze and Grant. Old Eau. of the waters being in any part of the sayd river between Siamford Bridge and the outfall thereof, shall be re- moved, avoydt d, and uUerly taken away, and all gravells reformed and made with the upper part thereof levell to the old bottoine of the rest of the sewer where they lye, before the tvventyeth of June aforesaid, by such persons as ought to doe the same. And that all the outring bankes from Dowesdale to Crowland, conteyning by estimac'on lower miles, shall be amended and repaired in heighlh at the charge of the Prince, or his tennants and landholders, of Crowland; and that the bank from Crow- land to Clouthouse, conteyning by estimac'on three miles, shall be also repaired and heightened at the said Prince's charge, his tennants or landholders; and that threescore roodes of the said banke shall bee repaired in like manner by Robert Chapman, clerke, or his assignes ; and that two roodes and a halfe of the said banke shall bee likewise repaired by William Abbott, or his assignes ; and that tivo roodes and a halfe there shall be likewise repaired by Widdow Durant, or her assignes; and that two roodes and a halfe of the said banke shall bee like- wise repaired by Stephen Sovvcroft, or his assignes ; and two roods and a halfe shall bee likewise repaired by Hugh Wych, or his assigns ; and that five roods of the said banke shall be likewise repaired by one Symon Morlejs or his assigns; and that foure roods there shall be likewise repaired by Thomas Dixon, or his assignes, before the twentyeth day of October next. And whereas the two great rivers of Ouze and Grant being vented neere Harrymeere Lee, often tymes power downe such abundance of waters, that the channell from and under the said vinon, hath never been suflicient to conteyne or convey the same, but hath therefore been (though weakly) supplied on the East and upper part thereof, by a sewer called the Old Ea, beginning att the said chan- nell neere Harryuieer aforesaid, and falling by Cowlode, , APPENDIX. 49 and soe by Sluntney High Bridge and the Sellowes into the said channell of Ouze againe; and on the West and Padnall Lake, lower part thereof by another sewer, called Padnall Lake, extending from the said maine channell of Ouze unto Clay Way, and soe falling by the Delph into the said channell againe att Littleport Chayre; which said supplying sewers being very crooked and narrow, and in many places allmost utterly growne upp, and soe being be- come insufficient and unprofitable, the Commissioners of Sewers, upon sundry verdicts and presentments made by the inhabitants in those parts, and likewise upon certeyne views personally by themselves made, did, for the sup- plying of the said defects of the said channell of the said river of Ouze, make two lawes of sewers, the one dated the nynth day of June, Anno Dom. l609, and the other in the eighth day of August in the said yeare, thereby Intending to provide more sufficiently for the supplying of the said defects of the said channell of the said river of Ouze, by making two sewers in or neere the places of the said old sewers, cutt much more large and lyne streight than the former ; and by virtue of the said lawes, did begin the sayd workes, and proceeded to per- fect neere about eight hundred perches thereof, even un- till the sayd workes were disturbed and hindred by a few quarellous, and contentious and refractory persons, mak- ing question of the power of the said Commissioners in this behalfe, and bringing severall acc'ons against theire officers and ministers for the taxes assessed for ihe said workes. Now, therefore, the said intended sewers being again approved and allowed by such and soe great a number of jurors as have now also with great earnest- nesse entreated the proceedings therein, as by theire ver- dict appeareth, lit is ordeyned, decreed, and for a law sett downe, that the aforesaid law of sewers dated the eighth day of August, Anno Dom. lOC}[), and in the scavenlh year of his Majestye's reigne, and all and sin- £ 50 APPENDIX, gular ihe branches, articles, provisoes and clauses iherein conteyned and specified, shall be and remain Iroui hence- forth revived, ratified, established, strengthened and con- firmed to all intents and purposes, according to the true meaning and intent thereof, in as ample manner and form as if the said law were or Iiad been particularly and word for word mentioned in these presents; and that the said workcs shall be begun againe and proceeded unto the perfecting thereof, with as much speed as con- veniently may bee. Provided all way es, that the said Commissioners of Sewers, being and remaining in the countyes of Cambridge and Himtingdon, and in the said isle of Ely, or any six of them, may and shall from tyme to tyme, as occasion shall require, nominate and appoynt officers for the sayd workes, and stipends, fees, wages, re- wards, and salaryes for theire paynes in that behalfe, by theire wisdomes and discresions, any thing in the said lawe to the contrary notwithstanding. And that all such officers and other p'sons to bee imployed by virtue of the said law respectively, shall lay forth the said workes, provide necessaryes for the same, pay labourers, dis- charge all debts and dutycs concerning the same, make theire accompts, and doe all other acts according to theyre severall plans, as if they were or had been spe- cially named in the said law att ihe making thereof, and that ever}' of them oflcnding against any clause thereof, shall forfeite and incurr the penalty for every such River Ouzc, ofTence, in like manner respectively. And itt is also Harr>nieer to ordavned, enacted, decreed, and established, that the Over Cote. ^ ' river of Ouze aforesaid, from Harrymcer upwards unto Over Cote, shall be well and sufficiently dyked, haffi^^d, cleansed, scowered, and perfected, to the ancient breadth and to the old bottome, by such as of right ought to doe the same, before the fourteenth day of July next. And that all wares, damms, driftways, passages, gravclls, slamps, slakes, cradgings, hills, houses, encroachments, APPENDIX. .1 and all other letts and impediments hindring the fall of the waters within all the aforesaid limitts of Ouze, shall bee removed, avoyded, and utterly taken away, accord- ing to former lawes and decrees to that end made and provided: And itt is ordayned, decreed, provided^ and for a law sett downe and established, that the great and w est waicr. maine arme of the said river of Ouze, called the West Water, descending from the said river by Erith Bridge, and so falling on the West part of the isle of Ely, shall bee digged, formed, hafFed, cleansed and scowered, from Erith Bridge unto Beuwicke, where itt meeteth and joyneth with the river of Neene, unto the ancient breadth and to the old bottome, by such as of right ought to doe the same. And that one branch of the said mayne arme, Sutton Lodo. called Sulton Lode, from the ^said Westwater unto the outfall thereof into Wellney Water, shall be dyked, halfed, scowered, cleansed, enlarged, and all gravells, driftwayes, wares, slamps, slakes, cradgings, incroach- ments, and other letts, stayes, impediments and annoy- ances in the same, shall be removed, avoided, and utterly taken awav, accordine; to the law of sewers to that end made and enacted, the three and twentyeth day of Au- gust, Anno Dom. I609, before the last day of June next comeing. Provided alwayes, that all those who ought to performe the said workes doe accotrijilish the same ac- cordingly, from the said outfall ati Wellney Water up- wards unto the said West Water. And that Ouze Dytch Ouze Ditch, beins one other branch of the said West Water, falling out of the same betwfwell and Leame, as from the centre of England), as Abbo before APPENDIX. spoke of sayd, and so passeth to Northampton Towne, where it meetelh with the second head from Naseby Fields, where there be two springs 20 yards asunder, the one of which maketh the head of Avon, falling west- ward to Warwick, and so to Severne, the other this brook. Which two heads so united pass to Wellingborough, and so by Higham Ferries and Thrapson to Oundle, and thence by Walmesford to Peterborough, bringing with it the waters of many brooks and rivers, of more than 20 heads. At Peterburgh it is a goodly fair river, 200 foot broad and 16 or 20 fool deep. This river after it hath passed Peterburgh a little, dividelh itself again into many branches. Whereof one, called the Old Eae, antiently took his OldEae. course by Thorney to Croyland, and so meeting with W^elande fell out below Spalding by Fosdyke, and thence to Boston Deep beforesaid. This is the branch of which I just complayned, that for want of the outfall below Spalding now cometh in a most slow course by Thorney, thrusting in his head at every ditch, and his main body falleth to Noman's Land nigh Croyland, and there runneth back by Southeae along by Clows Cross Head, and so to Wisbech, with but little better success than at Spalding. Another branch of Neane is a famous stream of 14 The Nev miles long and 40 foot broad for the most part, and was ^^™*^» made by the good Bishop Morton, called the New Leame, beginning at the high land by Standground, in Hunt- ingtonshire, and continueing unto Guj'hirne, a hamlett in Wisbech parish ; this river did the Bishop make for the more speedy conveyance of the waters from out of the Isle, which otherwise in defect of their passage by S|)alding, much annoyed by the body of the Isle, as by taking their passage some by Whittlesea Dyke, and some by Horsey Bridge into Whittlesea Meare, and so to 75 /O APPENDIX. R.amsey Meare, aiul so round al)out, some tailing iti towards Wisbech by Great Cross or Plantwater, and other some by March to Well, and so to Suiter's Load into Ouze, and other some backward by Welney to Littleport, and so to Salter's Load, and there meeting with the water from Well pass to Lynn. The waters of this river be they which at this day most annoy the body of the fenns ; for now that Wisbech outfall is by mere negligence overlhrowue, it is apparent that that water which is within 4 miles of the outfall at Wisbech would never returne nor offend the countrey, now through the defect of Wisbech river turneth away and seeketh his course where it may, and much of it passelh about 50 miles before it can recover an outfall, drowning yearly by the way many thousand acres. Gravells. This New Leame being also much decayed as well in its own passage, by certain high gravells layd therein, and the landing up thereof thereby, as also by the decay of Wisbech outfall, in every land tioud burtheneth both sides of the grounds adjoyneing, especially the grounds of Thorney, which having Southeae on the one side, and this passage of Neane on the other side (Wisbech river their proper outfall being wholly decayed) so surchargcth 14000 or 15000 acres thereof with their waters, as they become wholly unprofitable : for remedy whereof the owners of Thorney and other grounds near to the high lands having long expected an amendment of Wisbech outfall, and finding that they cannot much prevaile, have of late strongly endeavoured to make passage for those waters which so much annoy them by a new way called Clows Cross ; which since we are fallen upon the name, it will not be amiss to speak somewhat thereof. Clows Cross. I pon the confines of Wisbech hundred in the Isle of Ely, and South Holland in the county of Lincolne, about 5 miles westward from Wisbech towne, there stood upon the bank of Southeae a cross, desigaeing the limitts of APPENDIX. 77 Cambridgeshire and Lincoltie in that part of the inland ; and from that cross eastward there passed a watercourse through the inlands to the seabank, to a gate or clow called the Shire-gate, dividing still the shires. At the head of this watercourse there was also a clow, from which clow and the cross standing hard by it, the place took the name, viz. the Clows Cross. This clow (as most men deemed) served specially to take water out of Southeae into the inland grounds in dry years, as well for the preservation of the partition and fence on both sides, as for the relief and succour both of man and beast. jNlany have talked that they have heard that much of the waters of the fenns drayned that way, and of great and large water-gates and wide passages there. I myself was by when the old pipes were taken up about 22 years since, and observed that there were only two small pipes of plank layed together through the bank to take in water, not exceeding 18 inches square, as I could guess. Upon the taking up of these pipes, there was the same yeare a sluice or clow made of timber in the same place, with two doors 13 or 14 foot high and 6 or 7 foot broad ; and the sewer by the whole length, from the clow down to the seaward, from 12 or 14 foot wide, made 40 foot wide and 5 foot deep. Notwithstanding all which pre- parac'ons, the bank of the way by which this water should pass, could not be made so suflicient by the space almost of 2 miles, but that if but one of the doors of the clow were pulled up but two foot, the water would over- top the bank, and as well thereby as by much sock through the hollow and spungy banks thereof newly made, annoy the grounds on both sides; upon which doings complaints and oppositions were made, and much Imsiness hath been moved, which stayed the proceeding thereof. liul the new undertakers being belter ac(iuaintecl with 78 APPENDIX. Objeciions ag;aiDst Clows Cross. the work, have undertaken to perfect the same with better satisfaction to the countrey in all respects ; and for that purpose at this day there is a new stone shjice in hiying at the head thereof, which will cost 200/. or more, to be finished by the 10th of May next, and as well the banks on both sides heightened, as the channel thereof enlarged. It cannot be denyed but this course will much help the state of the fenns lyeing within 7 or 8 miles thereof, especially all betweene Southeae and the New Leame ; in regard whereof they be all taxed to the contribution. This river of Clows Cross lyeth in a place of smallest distance from the fenn to the sea, viz. but 5 miles, and is very straight ; by which two reasons, as also by the benefit of a good outfall, which it hath to the sea, it will in my opinion prove very beneficial to the countrey, and also ease very much some defensive banks which be now very chargeable to keep, and yet through their fear- full ruptures indangerboth man and beast, besides other inestimable losses which may thereby ensue. There rest only two things of importance to be objected against Clows Cross ; the one is the decay of Wisbech River by taking from it the water which helpeth the maintenance thereof, for yet it is thought both these will hardly stand together; the other is the makeing of a dam in the river between Clows Cross and Guyhirne, to keep the water of Wisbech River from falling back unto Clows Cross River; by which dam the navigation from Spalding Deeping and Crowland will be much hindred, being places of greatest commerse with Wisbech. For the first, it seemeth, Wisbech men know well enough there may be sufficient water brought to main- taine their river from other places if they would be at the charge, but there it stickelh ; and there hath been of late some speech of a course, to have the river in Wisbech Downe a standing water, and no passage to the sea, APPENDrX. 79 thereby to save the charge of dykeing; which I fear in few years will prove so indeed, except more care be had thereon. Touching the second objection, true it is that the people of Spalding and the rest may still come to Wis- bech by water notwithstanding this dam ; but by a much further way about, and a great deal more toylsome and dangerous, and perhaps in summer time for want of water, and for the gravells aforesaid not at all, except the New Leame be also dyked, which I hold to be hardly feazable. I have been long in this, but the matter requireth it, being of great consequence ; and something more might be said therein, as namely of the outfall of the Sea, either in place where now it is upon the confines of Lin- colnshire and the Isle, or by cutting over a new river from Shiregote to a place in Sutton called the King's Creek (a track of five miles long over the marshes) ; but it were too tedious, and the business is out of the Isle, and therefore I omitt it. And now lam come to Wisbech River, your Lordship wisbccU Kiver. shall understand that antiently this was an arm of the Sea, and the time was when the whole course of the Ouze, as well from the Westwater by Great Cross, as all such waters as now fall on the east of the Isle with Ouze from liittleport Chaire to Lynn, had their passage by VVelney and Well to the North Seas at Wisbech, and from thence where now the washes be; in regard whereof writers say K. John's people perished in the waters of Well : and Thorney Red Book, speaking of Wisbech Castle, sayth that Super riumen illud famosum quod Wellstreanie ap- pellatur situm est predictum Castrum, quod a pluribus Paludibus et Rivulis et Fontibus Principium habet, et per longos Meatus in Mare magnum juxta Wisbech de- rivare licjuido comprobatur. This arm had Holland and a ])art of the Isle on the one side, and Marshland in Norfolk 80 APPENDIX. on the other side, which were defended from it by great sea banks, which of late time, viz. in the time of H. 6, were ordayned to be made and maintained 50 foot high. Thitherof old resorted ships and vessels of great burden j but the Sea still forsaking the Isle for the reasons before sett downe, hath made the whole passage betweene Wis- bech and the Washes high marshes and lands, and by the decay of the river the channel or outfall so shallow and weak, as poor people often go over it on foot bare- legged, under the knee. This })ityfull outfall proceedeth by the neglect of the people about W^isbech, in not scowering and dykeing the river, as by antient laws and presentments they ought to have done ; nor by preserveing and mainlaine- ing the petty sewers and draynes which antiently fed the same, by enforceing the waters thereof and keeping them in their proper course, whereby the Sea finding little re- sistance nor strength of a following head of water to scower the channell, continually silted up the said river and outfall, and by consequence not only drowned the fenns, but debarred the means of drayneing 13 or 14 thousand acres of inland grounds, the support of three or four townes on the north of Wisbech, whereof I shall speak anon. Haltoff s Com- For the maintenance of this river and outfall there have been divers good laws made, namely, one by com- mission exemplifyed Anno 16*^ H. 6. commonly called Haltoft's Commission ; where the Commissioners finding in those days the river to silt up (for the reason of the tyde gate before spoken of) ordained the same river from Guyhirne (4 miles above Wisbech) to be diked and widened toties quotics noce fuerit. But your Lordships worthy predecessor Morton, finding in his wisdom that besides that it was a very chargeable course to his people of the hundred of Wisbech once in 4 or 5 years to dike this river, and that notwithstanding this dikeing of the mission. APPENDIX. 81 river, the outfall below to the seaward nevertheless de- cayed ; and that without a great head of fresh waters to scower both the river and the outfall, all would be lost, took a part of Hercules' labour upon him, and by his example strove to bring in great abundance of fresh waters by divers courses out of the fenns, to maintain this channell, namely, the river of Neane and Welande by Southeae, the river of Great Cross or Plantwater from the united branches of Neane and Ouze, descending by Beuwick, but principally by makeing this worthy work of the New Leame of 14 miles long between the two former rivers, partly to convey Neane from Standground more speedily to his outfall, by keeping it from overflowing the body of the fenns through the Meares, but especially to maintaine Wisbech River and outfall ; and such de- light took he therein, as at Guyhirne, where all these waters met, he built a tower of brick, whereof part slandeth to this day, and the place called the Tower- Hoiise; and up into that tower would he often go to oversee and set out these works. These watercourses thus being all united at Guyhirne, be provided that between their first entrance towards the sea and Wisbech towne there should be a large and spa- cious place of receipt (imbanked on both sides) for these waters to gather an head upon, while the tide was flowing through Wisbech towne, to stop the tide and scower the channell ; this place was called The Mouth, which name it still retaincth to this day; and so confident was he of the good success thereof, as he adventured in two places within less than a quarter of a mile from below Wisbech, to cutt through the sea bank, and make open passage for these waters by a straiter course to the sea, cutting down these banks and defences of the countrey, which within 50 years before by law had been ordained under great payne to be made 50 foot high. Then were Wisbech Fenns by this doing made good t. S2 APPENDIX. sheep pastures ; then was the fall of the waters in Wis- bech so great, as no man would adventure under the bridge with a boat but by veering through, 8cc. But succedeing ages neglecting these good provisions, have thereby lost this benefit, and the town at this day nothing willing have for some yeares past striven to avoid the charge; one while saying they cared not if it were a dry towne, another while by thinking to iClericos. Jos. MiTCHEL, 3 APPENDIX. Ill No. XIII. THE INDENTURE OF FOURTEEN PARTS. '^^'^ 20 Feb. 7 Car. I. l631. This indenture, consisting of fourteen parts, made the seven and twentieth day of February, in the seventh year of the reign of our Sovereign Lord Charles, by the grace of God, of England, Scotland, France and Ireland, Parties to this King, Defender of the Faith, &c. between the Right Honourable Francis Earl of Bedford, of the first part ; Oliver Earl of Bullingbrooke, of the second part; Ed- ward Lord Gorges, of the third part; Sir Robert Heath, Knight, Lord Chief Justice of the Common Pleas, of the fourth part; Sir Miles Sandys, of Wilberton within the Isle of Ely, in the county of Cambridge, Knight and Baronet, of the fifth part; Sir William Russell, of Chipenhnm in the said county of Cambridge, Knight and Baronet, of the sixth part; Sir Robert Bevill, of Chesterton in the county of Huntingdon, Knight of the Honourable Order of the Bath, of the seventh part; Sir Thomas Tyringham, of Tyringham in the county of Buckingham, Knight, of the eighth part; Sir Philibert Vernatt, of Carleton in the county of York, Knight, of the ninth part; William Sames, Doctor of the Lavir, of the tenth part; Anthony Hamond, of Saint Albons in the county of Kent, Esquire, of the eleventh part; Samuel Spalding, of the town of Cambridge in the said county of Cambridge, Gentleman, of the twelfth part; 112 APPENDIX. Andrews Buriell, of London, Gent., of the thirteenth part; and Sir Kobeit Lovett, of Liscombe in' the said county of Bucks, Knight, of the fourteenth part; vvit- Rccitai of part nesselh, That whereas a Sessions of Sewers was, by his Lynn aw. Majesty's commission under his Highnesses great seal of England, holden at King's Lynn in the county of Nor- folk, the thirteenth day of January, in the sixth year of his now Majesty's reign, for the fenny and surrounded grounds within the said county of Norfolk, and the counties of Suffolk, Northampton, Cambridge, Hunting- don, Lincoln and the Isle of Ely, which commission was specially intended for the great work of the draining of the great fens and other low grounds lying surrounded in those several counties, within the limits of the said commission, containing by estimation the quantity of three hundred and threescore thousand acres of drowned or surrounded lands, or thereabouts : At which Sessions, upon the petitions of divers the inhabitants and owners of the said fenny and surrounded grounds, lying and be- ing within the said several counties, which said peti- tions are remaining with the Clerk of Sewers, and at the earnest desire of the rest of the Commissioners of Sewers then and there assembled, the said Right Honourable Francis Earl of Bedford, who was likewise one of the Commissioners and then present, being a great owner of those fennies, was moved to the end that so noble a work might be effectually performed, that his Lordship would be the undertaker thereof upon such condition as should be agreed upon between his Lordship and the rest of the Commissioners, on the behalf of the said several counties ; unto which motion the said Earl, out of his desire to further so publick and good a work, did give his consent, and thereupon it was ordered and decreed by the rest of the said Commissioners, that the said Earl should undertake the said work at his own charge, and should have the quantity of ninety-five thousand acres of the said surrounded lands^ for bis recom pence, to be APPKNUtX. H3 signed, set out and assured to him and his assigns, in ich sort, as by the said act of sewers is expressed; reive thousand acres whereof, are to be granted and sposed of to the King's Majest}', for his use, as by the id act it doth appear. And whereas the said Earl Earl of Bedford 11 1 1 /- 1 1- 1. J £• undertakes tlie idertooK so great a work upon the conhdence ne tiad ot ^^ork, on con- e aid and assistance therein from divers other gentle- ^^'i^g^'s^^oi^ilcl en, who bv his good example and encouragement become adven- " . . .^ . turers. 3uld become adventurers with him, since which time e parties to these presents have agreed to become Iventurers, and the said Earl is willing to admit them be adventurers with him in the said work, according the several proportions following ; that is to say, That Proportion of e whole proportion of land to be allotted and assured intotR-euty the recompence of the said work, shall be divided into shares. ■enty whole shares, of which shares the said Earl of Number of edford doth agree to adventure for two whole shares; venturer ea- liver Earl of Bullingbrooke for one whole share; Ed- gi^gcsfor. ard Lord Gorges for one whole share; Sir Robert eath for one whole share; Sir Miles Sandys for two bole shares ; Sir William Russell for two whole shares ; r Robert Bevill for one whole share; Sir Thomas Ty- igham for two whole shares ; Sir Philibert Vernatt for le whole share; Doctor Sames for one whole share; nthony Hamond for two whole shares; Samuel Spald- g for one whole share; Andrews Burrell for one whole lare ; and Sir Robert Lovatt for one whole share : Now Adventurers is severally covenanted, condescended and airreed "n^ee to sustain -' •' o pr()|)ortioiial )on, by and between the said parties to these presents; sbaresofthe nd the said Earl of Bedford, Earl of Bullingbrooke, dward Lord Gorges, Sir Robert Heath, Sir Miles San- ,^s, Sir William Russell, Sir Robert r>evill, Sir Thomas yringham. Sir Philibert Vernatt, Doctor Sames, An- lOny Ilatnond, Samuel Spalding, Andrews Burrell, and ir Robert Lovatt, and every of them severally and ispectively for himself and themselves, his and their I 114 APPENDIX. In considera- tion whereof the Earl of Bedford agrees that said ad- venturers shall be his assigns of the recom- pence in just proportions according to each man's ad- venture. several and respective heirs, executors, administrators and assigns, do covenant, promise, grant and agree to and with each other, his heirs, executors, administrators and assigns, by these presents, That they the said Earl of Bedford, Earl of Bullingbrooke, Edward Lord Gorges, Sir Robert Heath, Sir Miles Sandys, Sir William Rus- sell, Sir Robert Bevill, Sir Thomas Tyringham, Sir Phili- bert Vernatt, Doctor Sames, Anthony Hamond, Samuel Spalding, Andrews Burrell, and Sir iiobert Lovalt, and every of them, their and every of their executors, admi- nistrators and assigns, shall and will bear and sustain the charge of the said work, in such several proportions and in such manner, as in and by these presents it is expressed. And whereas, by the true intent and meaning of the said act and law of sewers, the part and portion of the said Earl of Bedford is to be allotted and set out unto himself, his heirs and assigns, in recompence for the said work, as by the said act and law it doth more fully appear : Now he the said Earl of Bedford, for the consideration aforesaid, that is to say, That they the said Earl of Bullingbrooke, Edward Lord Gorges, Sir Robert Heath, Sir Miles Sandys, Sir William Russell, Sir Robert Bevill, Sir Thomas Tyringham, Sir Philibert Vernatt, Doctor Sames, Anthony Hamond, Samuel Spalding, Andrews Burrell, and Sir Robert Lovatt, and their assigns, are to bear and sustain their proportionable parts of the charge of the said work, undertaking toge- ther with the said Earl of Bedford, in such sort as is in and by these presents expressed, and shall pay and dis- burse such monies as shall be necessary and required for the said work, in such proportions, as herein is expressed, doth by these presents for himself, his heirs and assigns, grant unto them the said Earl of Bullingbrooke> Edward Lord Gorges, Sir Robert Heath, Sir Miles Sandys, Sir William Russell, Sir Robert Bevill, Sir Thomas Tyring- ham, Sir Philibert Vernatt, Doctor Sames, Anthony AITK-NDIX. 115 HaiiionJ, Samuel Spalding, Andrews Burrell, and Sir Robert Lovatt, and doth hereby also declare, That they the said Earl of Bullingbrooke, Edward Lord Gorges, Sir Robert Heath, Sir Miles Sandys, Sir William Rus- sell, Sir Robert Bevill, Sir Thomas Tyringham, Sir Phi- libert Vernatt, Doctor Sames, Anthony Hamond, Samuel Spalding, Andrews Burrell, and Sir Robert Lovatt, are and shall be the assigns of him the said Earl of Bedford, to whom and to whose heirs and assigns, as far forth as to the said Earl of Bedford himself and his heirs, ac- cording to their several proportions aforesaid, all the lands, tenements, fishings, and other hereditaments and profits, which by the said law and act of sewers are ap- j)ointed, or mentioned to come unto him the said Earl, in recompence of the said work of draining, shall be indif- ferently assigned and set forth, in just and due propor- tions and shares, according to every man's several ad- ventures as aforesaid. And the said Earl of Bedford Earl of Bed- doth hereby further grant, and his intent and meaning as often asliny is hereby declared to be, that as soon and as often as any quantity of -' •' land IS drained. such quantity or portion of land within the said fens shall be drained by the charges of the said Earl of Bed- ford, Earl of Bullingbrooke, Edward Lord Gorges, Sir Robert Heath, Sir Miles Sandys, Sir William Russell, Sir Robert Bevill, Sir Thomas Tyringham, Sir Philibert Vernatt, Doctor Sames, Anthony Hamond, Samuel Spalding, Andrews Burrell, and Sir Robert Lovatt, or their heirs or assigns, as by the intent of the said law and act of sewers, the proportionable part and portion of the said land intended for the said Earl's recompence, is to be assigned, conveyed and assured to the said Earl of Bedford and his assigns ; That then and so often all such lands from time to lime, and at all times, shall be justly and indifferently assigned, conveyed and assured to the said Earl of Bullingbrooke, Edward Lord Gorges, Sir Robert Heath, Sir Miles Sandys, Sir W'illiam Russell, 1 2 IIG APPENDIX. Adventurers to have proi)or- tional sh:ire of all profits, and SHtJie remedy against Com- missioners tliat the Earl him- self might have. Adventurers for every share to expend 500/. or more if necessary, on notice in writing from two or more of the adventu- rers. Sir Robert Bcvill, Sir Thomas Tyringham, Sir Philibert Vernatt, Doctor Sames, Antliony Hamond, Samuel Spalding, Andrews Burrell, Sir Robert Lovatt, and their heirs and assigns, according to their several adventures as aforesaid. And that they the said Earl of Bulling- brooke, Edward Lord Gorges, Sir Robert Heath, Sir Miles Sandys, Sir William Russell, Sir Robert Bevill, Sir Thomas Tyringham, Sir Philibert Vernatt, Doctor Sames, Anthony Hamond, Samuel Spalding, Andrews Burrell, and Sir Robert Lovatt, and their heirs and assigns, shall be equal sharers herein, and in all other profit and benefit either in money, toll, composition, or other kind or nature whatsoever, arising, increasing, coming, accruing, or happening by the said work or draining, or by reason and in regard of the same with him the said Earl, according to their several proportions and shares of money in the said adventure as aforesaid ; and shall have all such remedy and advantage to compel the said Commissioners to convey and assure the said lands to them according to their said shares, as the said Earl himself should or might have, and shall have and enjoy all profit, comix: cdi ties, privileges, and benefits granted, or to be granted, to the said Earl of Bedford, as undertaker of the said work of draining, or to any cor- poration to be erected or made according to the said law, to them and every of theuj, their heirs and assigns, severally and respectively. And it is also covenanted, condescended, and fully agreed on, by and between the said parties to these presents; and they the said Earl of BuUingbrooke, Edward Lord Gorges, Sir Robert Heath, Sir Miles Sandys, Sir William Russell, Sir Robert Bevill, Sir Thomas Tyringham, Sir Philibert Vernatt, Doctor Sames, Anthony Hamond, Sanmel Spalding, Andrews Burrell, Sir Robert Lovatt, and every of them severally and respectively for himself and themselves, his and their several and respective heirs, executors, administrators APPENDIX. 117 Slid assiirns, do covenant, promise, and grant, to and with each other, his heirs, executors, administrators and assigns, by these presents ; That each of them, the said Earl of Bedford, Earl of Bnllinghrooke, Edward Lord Gorges, Sir Robert Heath, Sir Miles'Sandys, Sir William Russell, Sir Robert Bevill, Sir Thomas Tyringham, Sir Philibert Vernatt, J)octor Sanies, Anthony Hamond, Samuel Spalding, Andrews Burrell, and Sir Robert Lo- vatt, and their heirs, shall and will disburse and expend for one whole share the sum of five hundred pounds of lawful money of England. And if the said sum of five liundred pounds for every whole share shall not be thought sufficient, then so much more money over and above the said sum of five hundred pounds, as shall be requisite for the beginning of the first work, and so from time to time such other sum and sums of lawful money of England, as shall be declared to be needful and expedient for the said work b}^ the greater number of them, or of their assigns, according to their several pro- portions and shares as aforesaid. Notice in writing to l^e left at tlieir houses, under the hands of any two or more of the adventurers. And further it is mutually Adventurers covenanted, condescended, concluded and agreed upon, tlieir sliares. by and between the parties to these presents, That each of them, the said Earl of Bedford, Earl of Bullingbrooke, Edward Lord Gorges, Sir Robert Heath, Sir Miles San- dys, Sir William Russell, Sir Robert lievill, Sir Thomas Tyringham, Sir Philibert Vernal t, Hoctor Sames, An- thony Hamoud, Samuel Spalding, Andrews Burrell, and Sir Robert Lovatt, shall and may, at his and their free will and pleasure, assign, set over, and convey his or their adventure and share, in or concerning the pre- misses, or such parts and proportions of the same, as shall be allotted and allowed unto him or them, or any part thereof; so as each of his and their assigns respec- tively, shall and do perforin and pay what they and every of ihtm, the buid E:nl of iicdlord, Earl of Bui- 118 APPENDIX. lingbrooke, Edward Lord Gorges, Sir Robert Healb, Sir Miles Sandys, Sir William Russell, Sir Robert Bevill, Sir Thomas Tyringhain, Sir Philibert Vernatt, Doctor Sames, Anthony Haniond, Samuel Spalding, Andrews Burrell, and Sir Robert Lovatt, have undertaken and by these presents have bound themselves to j)errorm and pay. And likewise it is agreed, that il shall and may be lawful to and for ever}^ such assignee and assignees, and for their assigns, from time to time to assign, grant, set over and convey, his and their adventure and share so assigned, or such part and portion of the premisses as If adventurers aforesaid. And also it is mutuall}' covenanted, granted, ituiits ii Iter ten Concluded, condescended, and full}' agreed upon by and to'iie'exc3ea ^^^^^'^^^ the said parties to these presents, their heirs, all benefit. executors, administrators, or assigns, that if it shall hap- pen any one of them, the said Earl of Bedford, Earl of Bullingbrooke, Edward Lord Gorges, Sir Robert Heath, Sir Miles Sandys, Sir William Russell, Sir Robert Bevill, Sir Thomas Tyringham, Sir Philibert Vernatt, Doctor Sames, Anthony Hamond, Samuel Spalding, Andrews Burrell, and Sir Robert liOvatt, or their assigns, after ten days warning given by the greatest part of the parties to these presents, at their respective habitations, to fail in the payment and disbursements of his or their part of monies, by him or them from time to time to be paid and disbursed as aforesaid, That then it shall and may be lawful to and for the rest of the said parties or their assigns, to supply and make up the same, or to admit some other person or persons, in his or their room or rooms who shall or do fail as aforesaid, if they shall so think fit; And that such party as aforesaid, by himself or his assigns failins;, shall be vvhollv excluded from tak- ing any benefit of the premisses as aforesaid ; and shall lose and for ever be debarred from having or demanding all or any &uch sum or sums of money, as by any such person or persons shall have formerly been paid or dis- bursed for and towards the said work. And if it shall APPENDIX. 119 happen any of the parties to these presents to die, that then the executors, administrators or assigns of him or them so dying respectively, shall have the same benefit, profit and interest, of or in the share, adventure or pro- portion, belonging to the party or parties so deceasing, as the party or parties so deceasing shall have, or might have had to all intents and purposes : Such executors, administrators and assigns, paying and performing such payments, covenants and agreements in every respect, as the party or parties so deceasing should or ought to do. And it is lastly, punctually covenanted, granted and agreed, by and between all the said parties to these pre- sents, that they, their heirs, executors, administrators and assigns, shall at any time hereafter do, make, suflTer and execute every act, conveyance and assurance, for the settling, conveying and assuring severally any such quantity, share or proportion of land, or other profit, to all or any the parties to these presents, their executors, administrators or assigns respectively, requiring the same ; As by the true meaning of these presents, doth or shall belong unto them, or as is hereby intended unto them by such manner of conveyance and assurance, or b}' such other manner as shall be reasonably devised or required. In witness whereof, the parties to these pre- sent indentures, have interchangeably set to their hands and seals, the day and year first above-written. Francis Bedfohd, (LS.) Edwarb Gouges, (LS.) UoBERT Heath, (LS.) M)LEs Sandys, (LS.) Thomas Tyiunoham, <'LS.) RouEKT Bevill, (LS.) Philibeut Vernatt, (LS.) Anthony Hamond, (LS.) William Sames, (LS.) Sealed and delivered by my Lord of Bedford, Lord Gorges, Sir Robert Heath, Sir Thomas Tyring- 120 APPENDIX. ham, Sir Robert Bevill, Sir Philibert Vernatl, An- thony llainond, in the presence of us, Robert Scawen, John Sheer. «3;. No. XIV. THE CHARTER OF INCORPORATION, Bearing date the 13th of March, the lOLh of Charles the First. Translated into English. CHARLES, by the Grace of God, of England, France and Ireland^ King, Defender of the Faith, &c. To all to whom these presents shall come greeting. Recital of the Whereas at a Sessions of Sewers, holden at King's Lynn in our county of Norfolk, the thirteenth day of January, in the sixth year of our reign, concerning the draining of the fens and marshy grounds in our counties of Northampton, Norfolk, Suflolk, Lincoln, Cambridge, Huntingdon, and the Isle of Ely, lying within the limits APPENDIX. 12\ of our cominission, in the presence of oui dearly beloved and faithful cousin Francis Earl of Bedford, and before Sir Robert Heath, Knight, our then Aitomey General, Sir Miles Sandys, Knight and Baronet, and divers otht rs to the number of forty and one, Commissioners of Sewers then and there assembled, by virtue of our Commission of Sewers to them and others directed, many good and wholesome acts, ordinances and decrees were made by our Comuiissioners, for and concerning the draining ot the said fens and marshy grounds. And whereas as well our Commissioners aforesaid, as the people there, whom the draining the said drowned lands did concern, humbly besought of the aforesaid Earl of Bedford, that he the said Earl himself would be pleased to undertake so great and famous a work, conducive as well to the good of the people of the said counties as of the Earl himself; to which prayers and entreaties the said Earl consenting, did agree to undertake the aforesaid work. And thereupon it was enacted, adjudged, ordained, and decreed, That for a recom pence of the great labour and expence of the said Earl in performing the said work, he should have ninety-five thousand acres of the said land, to be indifferently allotted and set out to him, of the several sorts and qualities of the said grounds, ac- cording to their several natures and goodness, by six of the said Commissioners. And to the intent that as well the said Earl might with greater confidence undertake and perform the said work, and enjoy the said ninety-five thousand acres, as that the people of tlie said counties might have and enjoy the advantage they expected, Irom the remainder of the drowned lands, in lieu of the [jropcnLion they had given up, as aforesaid : — It was mutually and fully agreed upon, by and between the said Commissioners and the said Earl, that they should be- come humble suitors to us, that we would, under our great seal of England, release all the benefit which by a law of 122 APPENDIX, sewers, made in the nineteenth 3?ear of the reign of our late most dearly beloved father, king James, or by any other law of sewers, we mis-ht claim ; and also that we would be pleased to confirm their acts or decrees, and, by our royal hand signing the same, to declare our royal approbation thereof, and assent thereunto. And that we would further graciously be pleased to recommend the same to the Right Honourable the Lord Keeper of our Great Seal, that they ma^^ in due form of law be confirmed and ratified, by decree of our Honourable High Court of Chancery. And that we would vouchsafe to recommend the same to the Right Honourable the Lords and others of our most Honourable Privy Council, to be by them ordered as a matter of state, not to be altered or impeached, hav- ing received the approbation of that honourable board ; and that whensoever a Parliament should be called, and a bill being then preferred to the two Houses of that High Court of Parliament, and the same being there passed as a law, that we would be graciously pleased, for the full and final confirmation thereof, to give our royal assent thereunto. And that we would be graciously pleased for these our royal favours, vouchsafed to this poor distressed part of our country, which could receive no relief or help, but by our royal hands in giving life to their laws, to accept of the quantity of twelve thousand acres, parcel of the said ninety-five thousand acres, to be assured to us, our heirs and successors, freed and dis- charged of and from all right, title, or interest of com- mon, or otherwise to be claimed or demanded by the said Earl, or any other person or persons whatsoever. The said twelve thousand acres to be laid together in one or two entire pieces, or quantities, out of such of the said drowned lands as now are parcel of the manor of Whit- tlesea, or other manors thereto adjoining: which quan- tity of twelve thousand acres the said Earl and country by an unanimous consent, have humbly offered unto us, APPENDIX. 123 as a thankful ackiiowledgment of our gracious favour, in recoiDmending the said work, and perfecting the same tvith our royal favour and assent as aforesaid ; which voluntary and free offering of the said Earl and our people we have most graciously accepted, and by these presents do accept. And whereas we, highly favouring the aforesaid great, Recital of for- , , . , 11111 nier letters pa- arduous, and prajse-worthy work, have declared our ap- ^^.^l^ probation of the said acts and decrees, by our royal hand signing the same. And we have, for the better govern- ment, progress, and completion of the aforesaid work, by our letters patents lately on this behalf granted, made, appointed, and created the said Earl, and others of our subjects, a body politic, by the name of Governor, Bai- liffs, and Commonalty of the Company of Conservators of the Fens in our Counties of Cambridge, Huntingdon, Northampton, Lincoln, Norfolk, Suffolk, and the Isle of Ely, and have thereby invested them with divers gifts, grants, liberties, rights, and immunities. And whereas, in the said letters patents it is set forth, that in consideration of our granting the said charter, the aforesaid governor, bailiffs, and commonalty of the so- ciety aforesaid, yjromised to grant unto us, our heirs and successors, twelve thousand acres within the level of the fens aforesaid, not covered with water, but drained, in proper places, on the view of viewers to be appointed bv our treasurer of England, to be held free of all common, and other charges and services, which said twelve thou- sand acres, named in the aforesaid acts, ordinances, and decrees of our Commissioners aforesaid, and the aforesaid twelve thousand acres mentioned in our letters patents aforesaid, are intended to be one and the same twelve thousand acres, and not others and different : Know ye therefore that we, willing to take away entirely all doubts and questions which may in any wise hereafter arise thereon, and likewise declaring by these presents that we 124 APPENDIX. Letters patents above recited surrendered up. Earl of Bed- ford and his participants will endeavour at their own expence, to are fully satisfied with the twelve thousand acres, granted or mentioned to be i^rantcd to uSj our heirs and succes- sors, as sot forth in the aforesaid acts and decrees, have, of our special grace, from our own certain knowledge and meer motion, forgiven, remised, released, and quilted claim, and by these presents for us, our heirs and succes- sors, do forgive, remise, release, and quit claim to the aforesaid governor, bailiffs and commonalty of ihe society aforesaid, and their successors, the aforesaid twelve thou- sand acres, promised or mentioned to be promised in these our said letters patents, and every parcel thereof, and all our right, title, claim, interest and demand whatever, of, in, and to the said twelve thousand acres, or any parcel thereof, by virtue or colour of our said letters patents afore recited; and also all and singular promises or pre- tences of promise, of and concerning the aforesaid twelve thousand acres of land in our said letters patents con- tained and expressed, or in any wise touching the same. Saving always to ourselves, our heirs and successors, the aforesaid twelve thousand acres, in the aforesaid act, ordinances, and decrees of our Commissioners of Sewers aforesaid expressed, and to us, our heirs and successors granted or mentioned to be granted. And whereas the aforesaid governor, bailiffs, and com- monaltv of the society aforesaid, have humbly besought us to accept from them of the surrender of our said letters patents before mentioned, but with an intention that we would vouchsafe to grant them other letters patents, with the same and other gifts, powers, privileges, and immu- nities conducive to the promoting of the work aforesaid ; which surrender we have accepted, and do accept by these presents. And whereas our dearly beloved and faithful cousin, Francis Earl of Bedford aforesaid, and others of our loving subjects his participants, consenting to the entreaties of many, have earnestly endeavoured, and will endeavour, APPKNDrX. 125 at their own great expence, to make the aforesaid marshes make the fens ,/. 1. c •( ,• r r^ V • 1 meadow and and ten grounds, in our aforesaid counties or Cambridge, pasture. Huntingdon, Northampton, Lincoln, Suffolk, and JNor- folk, and the Isle of Ely, containing three hundred and sixty thousand acres of land, or thereabouts, (from which, being covered with water, little advantage redouiids to mankind, except from some lew river fish and water fowl) into land, meadows and pasture, to the great advantage as well as of those parts as of the public, in which they have made such a progress, that hereafter, as it was hoped, in those places, which lately presented nothing to the eyes of the beholder but great waters, and a few reeds thinly scattered here and there, under the Divine Mercy might be seen pleasant pastures of cattle and kyne, and many houses belonging to the inhabitants. But because But it cannot 1 , , „ ^ 1 1 1 • I rr 1 '^^ ''one witli- such a body or water cannot always be drained ori and outworks kept from those phices, but by the erectins and makinc: which require r r J J S & great expence. of mcers, banks, dams, dykes, tunnels, sluices, bridges For which pur- pose 40000 and causeys, and other works, and by tlie continuing and acres to beset supporting the same, wliich will rec^uire a daily expence; profits'ofw'hich and to the continual support of the char2;e attending: so 'lie 'iharge is ^ ' ° ° to be borne. great a work, forty thousand acres of those drained fens But it cannot . ^ , J ^ , . _ , , 1 r , he managed l)ut are intended to be set out by proper bounds, from the by a corpora- rents, issues and profits of which the said charge is to be *^'°°' borne, which cannot be so well managed by individuals, who are often dying, and who leave their heirs minors or women, by no means equal to such a direction, as if the expending the same and the continuing the |)remises was intrusted lo the care of discreet men, in a political and corporate succession. Know ye therefore that we, taking the premises into our consideration, and being willing to aid and assist the progress and completion of the said work, by all means that v\e can, and graciously consenting to the petition of tlie aforesaid governor and commonalty of the society, touching the premises aforesaid, ol our special grace, and 12G APPKNnrx. from our cert;iin knowledge and mocr motion, we will that for ever lure after there be and shall he one soeiety of conservators of the fens, within our counties aforesaid, Society of con- framed into one hoflv eorpoiatt- ;iik] [)()];lie. And we do serviUors of the /• i i '• i i i fens made a ^<-^'' ourselvcs, oiir l)ews and successors, nmke, create and body corporate appoint the aforesaid I'rancis Earl of Bedford, and his and politic. ' ' ' Earl of i?ed- participants, Oliver Earl of liullinghrooke, Henry Lord ford and others .•• i' • r- made tlic said Maltrevers, Edward Lord Gorges, hir rrancis Crane, name^J -''go. K"igl't. Chancellor of the most noble Order of the Garter, vcrnor,i?ailiirs, Sir Miles Sandys, Knight and Baronet, Sir Thomas and (Common- altyofihcSo- Tyringham, Knight, Sir Robert Lovett, Knight, Sir vator's of the^ Filibert Vernat, Knight, Sir Miles Sandys, Knight, W'il- ^'^°^-" liam Sams, LL.D. Oliver Saint John, Esquire, Anthony Hamotid, Es(]uire, and Samuel Spalding, Gentleman, and others to be elected in the form hereafter directed, and their successors, in the society aforesaid, a body politic and corporate, in deed and in name, to have suc- cession for ever, by the name of Governor, Bailiffs, and Commonalty of the Society of Conservators of the Fens, in ourCountiesof Cambridge, Huntingdon, Northampton, Lincoln, Norfolk, and Suffolk, and the Isle of Ely, and by these presents will that they be called by the name aforesaid; and that of them, one be governor, another deputy governor, two be bailiff's, and the rest be of the commonally of the society aforesaid, and that they and others, to be elected and admitted in the form following into that society, and their successors by the same name. To have per- may have perpetual succession. And that they, and petual succes- j^j j successors, be and shall be, in all future times, per- sion, purchase ' ' lands and tene- gons fit and capable in law to have, purchase, possess, and ments, and do i i t ailothcrcor- retain lands, tenements, and hereditaments, to themselves poratcacts. ^^^ successors, in fee and inheritance, or for term of life or lives, or years, and goods and chattels, and rights, and dehts of whatsoever kind, nature, or species. And also to give, assign, demise, and dispose of the said lands, tenements, and hereditaments, goods and chattels ; and APrKNDIX. 12/ also that the}- aiaj', by the name aforesaid, plead and be impleaded, defend and be defended, in all courts and places, and before all the judges, justices, officers, mi- nisters of us, our heirs and successors, in all action?, pleas, complaints, and demands, in manner and form, as any other of our liege subjects fit and capable in law, or as any other body politic and corporate, may and doth. Our will moreover is, and by these presents, for our- The Earl of d, . 1 1 ■ ii • 1 Bedford and ves, our neu's and successors, we grant to tlie said ojjje,.s .^^, governor, bailiffs, and commonaltv of the society afore- po'"'edthe " ' . "^ . . "'**'' R^overnor, said. That the aforesaid Francis Earl of Bedford, be the biiiliiis and ^ , „ , • ■ p • 1 1 cominonHlty. nrst and present governor or the society aroresaid, and the aforesaid Sir Miles Sandys, Knight and Baronet, be the first deputy governor, and the aforesaid Sir Thomas Tyringham, Knight, and Sir Miles Sandys, Knight, be and shall be the first and present bailiffs of tlie society aforesaid, and the aforesaid Oliver Earl of Bullingbroke, Henry Lord Maltrevers, Edward Lord Gorges, Sir Francis Crane, Knight, Sir Robert Lovelt, Knight, Sir Philibert Verualt, Knight, William Sams, Oliver Saint John, An- thony Hamond, and Samuel Spalding be and shall be the first and present commonalty of the society aforesaid. And we make, ordain, and create the said Francis Earl of Bedford, the first and present governor, and the afore- said Sir Miles Sandys, Knight and Baronel, the first and j)resLril (U|;iity governor, Sir Thomas Tyringham, Knight, and Sir Miles Sandys, Knight, the first and present baililfs, Oliver Earl of Bullingbroke, IJenry Lord Maltrevers, I'klward Lord Gorges, Francis Crane, Robert Lovelt, Philibert Vernatt, William Sams, Oliver Saint John, Anthony Hamond, and Samuel Spalding the first and pr( aent commonalty of the society aforesaid. Which governor, our will is, do conlitme in his olfice until the feast of St. Michael the Archangel, which shall be in the year of our Lord one thousand six hundred and thirty- 128 APPKXDIX. five, find fioiii thence until he or another be elected into the place of governor of the said society. And that each of the said bnilifls shall continue in their said offices re- spectively until the said feast, and from ihtnce till the}' or others arc elected into the place and ofllce of bailiffs of the society aforesaid. And that each of the commonalty of the society aforesaid shall respectively continue of the said con:jmonaIty to the end of their respective lives, unless for just cause, any one of the aforesaid governor, deputy governor, bailiffs, or commonalty be removed from To have a com- his place. And that the said governor, bailiffs, and men seal, and , „ , . „ . , i i • power of alter- commonally ot llie society aforesaid, and their successors, ing the same. ^^^, have a Common Seal, for carrying on any of the causes or business of themselves and their successors ; and that it be lawful for them the said seal at their will and pleasure to break and change, and make new. as often and in such manner as to them shall seem fit. To have a com- And moreover for ourselves, our heirs and successors, there to meet wc grant to the said governor, bailiffs, and commonalty and assemble, ^f ^j^g society aforesaid, in any convenient place within and elect sro- j ' j i vcrnorand the Islc of Ely, to be fixed upon by the said governor, vernor, and bailiffs, and commonalty of the society aforesaid, our bailiflFs. leave to have a certain Council Chamber and Common Hall, and therein on the twenty-ninth day of September in every year, and oftener if the necessity of the case requires it, themselves to assemble and meet, and with the free choice of the aforesaid governor, bailiffs and commonally of the society aforesaid, or the major part of those who will attend, to nominate and elect one dis- crete and proper person, out of the deputy governor or commonalty of the said society, to be governor of the said society ; who, being so elected, shall remain and continue in the said office until the twenty-ninth day of September then next following, and from thence until he or some other be elected governor in his room, unless in the mean time, for a just cause, he be duly removed APt»ENDIX. 121) from his place. And also to nominate and elect one honest and discreet man to be deputy governor of the society aforesaid, and two others to be bailiffs of the so- ciety aforesaid ; who being so elected into the said offi- ces, shall severally remain and continue therein until the twenty-ninth day of September then next following, and from thence until they or some of them, or others, be elected in their room, unless in the mean time, for just cause, they or any of them be duly removed from their places. And also that all those, who are seised of not persons seised less than fifty acres of the said fen lands in fee and in- fifty°acrel* to^° heritance, may for the time being admit, elect, and put elect Common. into the commonalty of the said society whomever they will ; and also admit, elect, put in others in the room of those who die or are removed, as often as to them shall seem necessary. And our will is that the said governor Governor, De- and deputy governor, and each of the said bailiffs, and Ld Common-' any of the said commonalty, be for just cause removable, "^'>' ^" ''® T^" -' jj J ' uiovcd on just and to be removed by a majority of the governor, deputy cause, governor, and bailiffs and commonalty of the said society as aforesaid, duly summoned, and who shall be present ; and if it shall happen that the said governor, deputy Vacancifs on governor, or bailiffs, or any of the commonalty of the n|,^v,^i °o ^e' society aforesaid, do die, or shall be removed, by which filled up, his place or office shall become vacant, then it shall be lawful for the surviving governor, deputy governor, bai- liffs, and commonalty of the society aforesaid, them- selves to assemble and meet, and then and there another person or persons to be governor, deputy governor, bai- liffs, and commonalty of the society aforesaid, in the form aforesaid, in the room and stead of them the said gover- nor, deputy governor, bailiffs, or any of the commonalty or of any of them, or of any one, either dead or removed, to nominate and elect into their office and place, to con- tinue till the twcfily-ninlh day of September then next following, and from thence until he or another be newly K 130 APPENDIX. elected ; to be continued as aforesaid. Which persons so elected may and shall be respectively governor, de- puty governor, bailifl's, and conimonalty of the society aforesaid, in form aforesaid. And we do by these pre- sents, for us, our heirs and successors, make, create, and appoint them governor, deputy governor, bailiffs and commonalty of the society aforesaid, and so as often as the case shall so ha])pen. Governor, De- And moreover our will is, and by these presents we do Bailiffs and ' g^'^^t, for ourselvcs, our heirs and successors, to the nmvniake'laws ^foresaid govemor, bailiffs and commonalty of the so- anci ordinances ciety aforesaid, and their successors, that il shall be law- for support of . , . i > • i • n' works, &c. ful for the said governor, deputy governor, and bailins and commonalty of the society aforesaid, being convoked by the governor, or deputy governor, of the society afore- said for the time being, or the major part of them which shall be then present, being not less than six in number, one of which to be the governor, or deputy governor, from time to time, for the good government, support, and public advantage of the society aforesaid, to make, ordain, establish and declare any statutes, laws, or ordi- nances, touching themselves and their works in the fens, and to apply to new mischiefs that may happen, if it be necessary, new remedies, and the same to execute. Pro- vided always that the said statutes, laws, ordinances, and decrees, are not contrary to the statutes and laws of this our realm of England. Governor to And further our will is, and by these presents for our- take an oath i i • i j • j .. office. elves, our heirs and successors, we ordain and appoint that the aforesaid Earl of Bedford, above in these presents nameo to be governor of the society aforesaid, and every other person from time to time to be elected into that office, befifre he be admitted to the exercise of the office of governor of the society aforesaid, or enter on the said office, shall lake his corporal oath, on the Holy Evange- lists, the said office well and faithfully in all things APPENDIX. 131 touching the said office to execute, before the deputy governor, bailiffs, and society aforesaid, or any three or more of them, whereof the governor, or one of the bailiffs to be one ; full power and authority to administer such Deputy Gover- oatb, as aforesaid, to the aforesaid Earl or Bedlord, or ami Society to any other to be elected, from time to time, into that o^"^!'"'*" office, we, by these presents, do give and grant to the said deputy governor, bailiffs, and society, or any three or more of them. Our will moreover is, and by these presents for our- Deputy Gover- selvcs, our heirs and successors, we do ordain and an- |»or and Baih s ' ' 1 to take na oath poltit that the aforesaid Sir Miles Sandys, Knight and of office. Baronet, Sir Thomas Tyringham, Knight, and Sir Miles Sandys, Knight, and any other that shall hereafter be elected into the office of deputy governor, or bailiffs of the said society, before they be admitted to exercise the office of deputy governor, or bailiffs, or enter on the said othce, shall respectively take their corporal oath upon the Holy Evangelists, the said office well and lailhfuUy in all things touching the said office to execute, before the governor, bailiffs, and commonalty of the society aforesaid, or any two or more of them, to whom like power and authority to give and administer such oath as aforesaid, to the aforesaid Sir Miles Sandys, Knight and Baronet, Sir Thomas Tyringham, and Sir Miles Sandys, Knights, and every other person from time to time into those offices to be elected, we by these presents give, and this without any commission or farther warrant on this part from us, our heirs and successors, to be had and obtained; and that it shall be lawful for the governor Governor and Qnd bailiffs of the society aforesaid, for the time being, pohn pr'oper^' * to appoint a proper form of oath, to be taken by all the form of oaili to ' ^ ' \ . ... • Ic taken. members of the said society, their officers and servants; and we give and grant like power to the said governor, deputy governor, and bailiffs, and their successors, for ibem, the said governor, deputy governor and baiiiil's, to k2 132 APPENDIX. Conscrvacy of waters and banks in the fens irivcn to the Corpora- tion. administer to, and take from all the members of the said society, the oath in the form aforesaid, and this without any commission or farther warrant on this part from us, our heirs and successors, to be had and obtained. And farther of our special grace, certain knowledge and mere motion, for ourselves, we have given and granted to the aforesaid governor, bailiffs, and com- monalty of the society aforesaid, and their successors, the conservacy of all waters and banks within the fens and marsh grounds aforesaid, as well those that now are as any that shall hereafter be ; and for us, our heirs and successors, we will, and we grant to the said governor, bailiffs, and commonalty of the society aforesaid and their successors, that they and their successors shall be for ever conservators of the waters and banks aforesaid ; and we do, by these presents, make, ordain and consti- tute to them and their successors the power over the waters and banks aforesaid, by themselves or their ser- vants to seize, take away and burn nets, wears, and all other engines, staunches, mills, and all other nusances, in and upon the waters and banks aforesaid placed or hereafter to be placed, contrary to the laws and customs of this our realm of England, and all things to erect, make and execute, in and upon the said waters and banks, which any other conservators of any waters and banks may and do. And for ourselves, our heirs and successors, our will is, and by these presents we do fur- ther grant to the said governor, bailiffs, and commonalty and their successors, and to every governor, deputy governor, and bailiffs of the society aforesaid, for the time being, That they, and two or more of them, may quire by juries j ^ ^^^^ hereafter shall have a power of cntiuirincr, of nusances, ' * ^' &c. committed, by the oath of twelve honest and lawful men of those counties, and by such other means as are fitting, of all trespasses and offences against the form of the statute, or against the law and custom of this our realm of Eng- Who may in- APPENDIX. 133 land, in and upon the waters and banks aforesaid done, committed or perpetrated, or hereafter to be done, com- mitted or perpetrated, and all and sincjular the same of And hear and ^ * "^ , determine the hearing and determining, and those who are convicted same. thereof of punishing by fines and amercements, and other g^^g andamei^ penalties, according to the laws and customs of this our <^ements. realm of England. Moreover we have granted to the aforesaid governor, Said fines and 1 --iTr 1 • • 11 I • J r iiuii^rcementa bailiffs, and society, and their successors, all kinds oi granted to the penalties, fines, amercements, goods and chattels, for "^fpora ion. any oflfences in and upon the waters and banks afore- said, against the form of the statutes, or against the law and custom of this our realm of England, forfeited and adjudged, or that shall be hereafter forfeited and ad- judged. And that they, and their successors, shall have the same of the trespassers and offenders in and upon the waters and banks aforesaid, and all others, in the hands of whomsoever they are found, or from whomsoever the same ought to be paid, and all the said fines and amerce- ments, goods and chattels, by themselves and servants to seize, receive, and enjoy, to the use and behoof of the said governor, bailiffs, and commonalty of the society aforesaid, and their successors, without any estreat thereof into the Exchequer of us, our heirs and successors, to be sent or returned, and without any impeachment of us, our heirs or successors, or of any of our officers or ser- vants. And for the advantage and ease of those who live in a weekly mar- the parts aforesaid, and that others may be the better in- anmiarL^rs" duced, from the neighbourhood of fairs and markets, to gr-intcd to the , „ , Karl of Hed- inhabit those parts, our will farther is, and by these pre- ford, Lord of sents for ourselves, our heirs and successors, we grant to Thonlcyrto he the aforesaid Earl of Bedford, Lord of the Manor of '"^^'^ "^'^'''"'■- ney. Thorney, and his heirs and assigns, that they may have one market on the Thursday in every week within the said manor of Thorney, and also two fairs annually for 134 APPENniX. ever at Thorney aforesaid, one of them to begin on the first day of May, and througli that day and the two days next the same day following annually, to continue and last; and the other of the said fairs there, on the first day of September to be begun, ond through ihat whole day and two days the same day next following lo be con- tinued and last, together with a court of pie ])ovvder there at the time of the said market and fair to be held, together with reasonable toll, stallage, and picage for stalls, or saleable things in the said fair or market, to sale exposed. Together with all liberties and free cus- toms, fines, amercements, and all other profits, commo- dities, and advantages whatsoever, to such kinds of mar- Said market kets and fairs, and court of pie powder belono;ing. Pro- and fairs not .. j , , , • . , ^ . " . , -. to be to die viaed always lliat the said market or tans, or either ot any'iiei?iibonr- t^^^'i^j ^^ Dot, or are not to the damage of any other iiigfairorniar- neie;hbourinu; markets or fairs, ket. ^ ^ A* wet kiy mar- And further of our more abundant grace, certain annuarfairs" knowledge, and mere motion, we will for ourselves, and •rranted to Sir \yy these presents for us, our heirs and successors, we Miles Sandvs, Kni-btand grant to the aforesaid Sir Miles Sandys, Knight and held iit Stret- Baronet, Lord of the Manor of Stretham, his heirs and ^'''""- assigns, that they may have one market, to be held on the Thursday in every w'eek, within the manor of Stret- ham in the Isle of Ely. And also two fairs annually for ever to be held at Slretham aforesaid, one on the Feast of St. Mark to begin, and through that whole day and the two days next following the said Feast annually to continue and last; the other of the said fairs there, on the Feast of St. Michael the Apostle to begin, and through that whole day and the two days the said Feast next fol- lowing to continue and last ; together with a court of pie powder there, at the time of the said market and fairs to be held, together with reasonable toll, stallage, and pic- age for stalls, or saleable things, in the fairs and mar- kets aforesaid to sale exposed ; together with all liber- APPENDIX. 135 ties, free customes, fines, amercements, and all other pro- fits, commodities, and advantages whatsoever, to such kind of markets and fairs, and court of pie powder be- Said market ' ' . . and fair not to longing. Provided always that the said market or fairs, be to tllepreju- . . ,. • . .1 J c dice of any or either of them, is not, or are not to the damage ot any neighbouring other neighbouring markets or fairs. f^'' «'• ™^^^'«^ Wherefore we will, and by these presents for us, our Said weekly heirs and successors, we strictly charge and command fairs granted to that the aforesaid Earl of Bedford and Sir Miles Sandys, ^^'J^^^jJ^'^^^^ and their heirs and assigns respectively, have the afore- SirMiiesSan- r , 1 .1 dys, tlieir said fairs and markets aforesaid, together with a court heirs and as- of pie powder there, at the lime of the said market and tiveiyrtliough fairs to be held, tosrether with reasonable toll, stallage, nowritofnrf '-' ^ _ ^ quod danuM7n. and picage for the stalls, or for things saleable in the hath issued, fairs and markets aforesaid exposed to sale, together with all liberties and free customs, fines, amercements and all other profits, commodities and advantages aforesaid, or in any kind to such markets and fairs belonging. Pro- vided always that the said markets and fairs, or either of them, is not or are not to the damage of any other neighbouring markets or fairs; notwithstanding our writ of af/ Quod Damnum, or any other writ from our Chan- cery hath not issued to enquire of the fairs and markets aforesaid, or any of them, before the making of these presents. We \^ ill moreover, and by these presents for us, our Power given to heirs and successors, we grant to the aforesaid governor, Uo^STuild" bailiffs and commonalty of the society aforesaid, and their churches and •^ chapels, endow successors and every of them, as well those that now are the same, and as those that may be hereafter, licence and faculty within ^ ^^^^ the level of the fens aforesaid, in any convenient places they shall choose, churches and chapels with chancels and belfries a-new to erect, build, and found ; and to inclose certain pieces of land to the said churches and chapels adjoining, for the purposes of making church yards thereof; and the churches and chapels so built and 136 APPKNDIX. founded to furnish and adorn with a font and other things necessary for tlie administration of the sacrament, and other divine worship ; and the said churches and church yards to cause, hy the ordinary of the place where they are built, to be consecrated and dedicated according to the ecclesiastical laws of this our realm of England ; and that the said governor, bailiffs and commonalty of the society aforesaid and their successors, and every of them, such churches and chapels so founding, after the foundation thereof, be for ever patrons of the churches and chapels aforesaid, and have the right of patronage of every of them, and of presenting to the same on every vacancy a fit person, by the ordinary of the place canon- ically to be admitted and instituted, and duly to be Power given to inducted, to be commanded. We will moreover and by bishops and ' •' ordinaries to these presents for us, our heirs and successors, grant to said churches ^^ blshops, ordinaries and others, as well those who now and chapels. ^j.^ ^^g jj^Qsg that may be so hereafter whom it ma}' con- cern, that they and every of them the churches or chapels aforesaid when they are built and their church 3'ards, may consecrate and dedicate to the Divine Honour ; and that those churches and chapels, after they shall be so consecrated, may serve the inmates and inhabitants for the celebration of divine service, for the administring and receiving of the sacrament of the Lord's Supper, for the celebration of marriage, the baptizing of infants, the burying of the dead, and all other things which to Rectors of said churclies and chapels and church yards do belong. And chapels to be a that the rectors of any one, or any of the said churches ^nd^ oliifc°'^^*° ^^ chapels respectively, and separately be, and shall be, a body corporate and politic, having succession for ever; and that it may be lawful for them messuages, lands and tenements, glebes and other hereditaments in fee simple, in right of his church or those churches or chapels, to Corporation to acquire and possess. And that the said rectors may be endow said -j i -^i .. ^ l ..■ ^ churches and provided With &. Competent support respectively, we give chapels. APPKNDIX. 137 moreover by these presents to the governor, bailiffs, and commonalty of the society aforesaid and every of them, as well those that now are as those that may be hereafter, a licence and faculty any lands within the level of the fens aforesaid, or others, with the payment of tithes, fruits and other things there growing, as to them shall seem best, for the said rectors to charge ; and every church or chapel aforesaid, and the rectors of the same, and their successors, with tithes as well great as small, real, per- sonal and mixt, from the lands aforesaid growing and renewing to endow, and as well such churches or chapels with tithes, offerings and profits to those churches be- longing as with houses, lands and tenements for them proper to endow, and all those things to the rector of any such church or chapel for the time being and his suc- cessors in fee to be possessed for ever, to give and grant; and to every such rector and his successors respectively Notwithstand- all those things to require and hold, by these presents we Mortmain, likewise give and grant a licence, notwithstanding the Statute of Mortmain; saving always to every rector or Saving to rec- c ~ it, I- L • i_ • 1 T_ 1- tor and vicar of vicar ot every mother church m whose parish churches every mother or chapels shall be founded a-new, all his just rights, church. And because the building and constant preservation of Corporation GroDOwcrcd for bridges made, and the preservation of many sluices, maintenance of rivers and other places hereafter to be built, erected and J*'0'''^s to take made to bring the waters within their banks for the ad- vantage and utility of the public, would require great sums of money, we will and grant to the aforesaid go- vernor, bailiffs and commonalty of the society afore- said and their successors by these presents, that it shall and may be lawful for them to take, have and receive to themselves and their successors, the reasonable toll following. For all horses and carts to pass over the Tolls spcciQed. bridges newly erected, or by the said governor, bailifis and commonalty of the society aforesaid and their suc- cessors to be erected, to wit, for every loaded cart four 13& APPENDIX. pence, it" it is not loaded two pence, for every horse or mare loaded two pence, and it" they are not loaded one penny; for twenty sheep, calves or hogs two pence, and so in proportion for every twenty oxen or cows four pence, and so in proportion. And for every boat [)assing and navigating under such bridge as abovesaid, through the drains or places aforesaid made a-t»cw and maintained by the aforesaid governor, bailiff's and commonalty of the society aforesaid, not exceeding four ton, four pence, and for every larger boat eight pence ; for every boat passing through the sluices a-new made and maintained as aforesaid, under four ton, four pence, and for every larger boat eight pence, and for every person in such boat passing such sluice as aforesaid one halfpenny. Dccfis to be And that the owners of all or any of the lands afore- inrolk'd or re- i i i , , 11 <:ist( 10(1 within said may be the better known, and on any reasonable aft^cr tho date ^''^"^^ respecting the public good of the said society, may be taxed and assessed to contribute to the support of the great burthen and ex pence thereof, we will that all deeds and evidence by which any part of the said land shall by any means be conveyed and assured from one to another, shall by the purchasers or their agents be inrol- Icd before the governor, bailiffs and society aforesaid, in a book for that purpose to be publickly kept, within three njonths next after the date of the said deeds or evidence, for a reasonable sum to be paid the clerk or other officer _ . ., for his trouble therein had. And we will that if any On failure therein, party owHcr or occupier there shall not within the space of neglecting to r • ^ t i n 1 forfeit fran- three months as aforesaid enrol or cause to be enrolled bertSs'Tnu'iese ^^^ deeds and evidence to be made of any part of the pre- presonts con- jniscs, that in such case he shall by no means have and taiued. . . . . 1 • m enjoy the franchises, liberties, immunities and privileges aforesaid in these presents contained. No owners of ^^^ whereas it is very plain and manifest that so ar- Fcn lands to be Juous a work cannot be performed without much labour put on civil ' offices out of and pains, and that it will be but of little avail unless it APPENDIX. ^**" be preserved by constant attention, labour, expence and the predncta of good council, that therefore the governor, bailiffs and ^ ^ ^'^^' commonalty of the society aforesaid, and all the occu- piers aforesaid, may be more attentive thereto and assist- ing therein, and may remain and continue happily and peaceably in their own houses, places and possessions when they retire thither after such great charge and la- bour, for refreshment and comfort, without any fear of disquiet, trouble or grievance; of our more abundant special grace we have granted for ourselves, our heirs and successors, to the governor, bailiffs and commonalty of the society aforesaid, and every of them, and their suc- cessors, and we will that none of them be put without the liberties of the precincts of the fens aforesaid on as- sizes, juries, attaints, recognizances or any inquisitions, although they affect us, our heirs or successors, or any others, and that none of them be without the fens afore- said collectors of tenths, fifteenths, taxes, tallages, or any other charges, quotas, or impositions of any kind, by any means hereafter to be granted and given to us, our heirs or successors, and that none of them be or is con- stable, receiver, bailiff, or other ofhcer of us, our heirs or successors, without the aforesaid liberties against their wills. Our will moreover is, and by these presents we grant These letters 1 /. ., 1 -I'/v 1 1 ,• 1 patents to pass to the aforesaid governor, bailifts and commonalty of the without any society aforesaid, that they may have and shall have *^'^^'^ epau. these our letters patents under our great seal of England duly made and sealed, without fine or fee great or small to us in our hanaper, or elsewhere, to our use in any man- ner to be returned, paid or made. Because there is not in these presents any express Because the , - , , , ... . certainty of I lie mention made ot the true yearly value, or of the certainty premises grant- of the premises or of any of them, or of any other gifts «^:ndix. Ovvse west; and the hijifh ground east and south. Il is devided by the New River into two parts^ whereof the north parte containeth 336 O The south part containeth - - 228 The same towne, a narrowo conion on the cast ot" Helgae Bridge, betwene the scverall and high ground' south ; and Wissy River north; butting east upon Soolhery Comon 82 (> Part of the severall there inclosed more south, toward the bridge; by the former ground, east, north, and west - - 2 3 20 Sir Henry Willughby, part of a severall inclosed at the south side of Helgae Feild ; betwene the high ground of Helgae east, north, and west ; and the low ground of Soothery south - - - 7 1 Fdtwell. Sir Thomas Woodhovvse, more south, a severall in Feltwell called the Farding ; by Soothery Comon on the north ; and the grounds of Sir Henry Willughby, and Mr. William Guybon on the west - - 228 O Sir Edmund Mowndford, a severall ad- ioyning more east ; by the said Comon of Soolhery and Stacklode north, and in part west - - - -216 00 Mr. Ward for himself and Christ College, in Cambridge (whose fermer he is) certen severalls adioyning more south: by Brandon River west; butting east upon Stacklode 1264 Sir Edmund Moundford, a severall ad- ioyning more south : butting east as the former ; west upon Mr. Terrel's ground by Brandon River - * - 574 Sir Thomas Woodhowse, a severall ad- ioyning, more south : by the comon called South Fen on the south ; butting east as the APPENDIX. 149 former; west upon John Hayward's ground and Brandon River - . - 596 Feltwell tovvne, a comon fFen called South Fen^ adioyning, more south and east; by Feltwell Mowfen and Hockold Comon Fen south ; and Stacklode north - -2318 The same towne, a mowfen adioyning more south; by Brandon River and John Purselie's ground south; and Mr. Hining- ham's ground and Hockold Common east - 299 John Parsley, a severall, by the former ffen north and west; and Brandon River south - - - - 22 John Hay ward, a severall more west : by Brandon river south; and Sir Thomas VVood- howse's ground north and east - - 410 Mr. Tirrell, a severall adioyning more west : by the said river south - - 36 Idem, another severall with a tenement upon it more west : by the former east; the river south ; and Sir Edmond Moundford's ground north - - - 13 2 Feltwell towne, a comon ffen more north, called Northfen : betwene Staklode on the south and east ; Meatholde Southmore in parte; and the New River in parte north - 1G81 The same towne, a comon ffen more east : It was a parte of the former Northffen, and devided from it by the New River. Itlieth by Meathold Comon, called Twene Lodes, on the north ; and the high ground east - 852 Mr. Ward, a litle severall adioyning more cast: by the former Comon on the south, west, and north - - 15 Idem, the west part of another several! adioyning more cast, by Staklode south - 7 150 APPENDIX. Fiockoidc Iloclvold towne, a coinou flenn more and Wilton. south ; by SeaiVe and Horsy Fen east ; Lakingale and the Brewliowse ground south; and Feltvvell Fen on the north - - 1160 Mr. Hininghani, a severall ndioyning more west, called Poolings, with a tenement upon it, called the Brewhouse; by Feltwell Mowffen west ; and Brandon River south - 243 1 20 Idem, a severall on the other side of the river : by the said river north ; Hallode, and Delfdike in part east - - Syi O Idem, another several] adioyning more south; by Delfdike south and east; and Hallode west - - - 50 1 Idem, a severall more north on the other side of the river, called Scalds ; by the Co- mon Fen east ; the former ground, called Poolings, west, and the river south - IQl 3 Mr. Pratt, a severall inclosed woodground more east: betwene the ComonFen north and west ; and the Mow feu called Seaffen on the south-east - - - 48 1 The same townes of Hockold and Wilton, a mowffen called Seaffen adioyning more east: by Lamb Lode east; and the river south _ _ _ _ 537 1 The same, a comon ffen adioyning more north, called Horsyffen : by another comon ffen west: and the high ground north - 301 The same, another ffen adioyning more east, called also Horsyffen : by the high ground north and east - - 95 2 The same townes, a comon ffen called Cowles adioyning more south : by the river south ; Lambs Lode west; and Hockold Lode east - • - - - 594 3 APPKNDIX. 151 Wilton and Hockold, a comon ffen adioyn- ing more east : by the river south ; and Wilton Lode east - - - 225 1 Wilton, a comon ffen adioyning more east, twene the river south : and the high ground north - - - - 220 Another comon ffen adioyning more east: betvvene the river south ; and the high ground north . _ - 144 2 Brandon towne, a ffen adioyning more Suffolk. east, extending east neare to the bridge : by Brandon, the said river south, and the high ground north and east - - - 73 3 The same towne, a parcell of comon more west on the other side of the river: betwene the river north; and the high ground south 14 The same towne, another litle parcel! of comon at the west end of the former : bound- ed north and south as the former - - 28 2 O The same towne, another narrow peece of comon at the west end of the former : ex- tending west to the Ferry-house ; and bound- ed north and south as the former - - 33 2 , The same towne, a comon ffen adioyning, more west: by a sewer above Manning's Cot on the west; and bounded north and south as the former - - _ 224 The same towne, another comon ffen ad- ioyning more west : by Lakingale Mowften west ; and the river north; with a tenement upon it neare to the west end, and called White-house - - - 1G2 3 The same towne, another comon ffen at the south-west corner of the former: by the said mowffen north ; and other ffennes of Lakingale west and south - - 190 O 152 APPBNDIX. Wainford. Lakingale. The same towne, another comon ffenn more east : by the twoe former north and west; and Lakingale ffen south - The same towne, a comon ffen adioyning, more east : by Lakingale and Wainford grounds south ; and the high grounds north and east _ . . _ Wainford towne, certen severalls adioyn- ing, more south : by Lakingale ffen west ; and the high grounds south and east Lakingale towne, a comon ffen adioyning, more west : by Brandon ffennes north ; and the high grounds south The same towne, a narrow comon adioyn- ing more west, called the Bankes : by the ffen called Stallard on the west. It serveth as a way to the mowfen The same towne, a long ffen (being their mowfen) at the north end of the former ; by Brandon grounds east; the river of Brandon north ; and Stallard south. This was taken out of Stallard The same towne, a comon ffen at the west end of the former, betwene Stallard south and the river north. There is a cotage upon it at the north-east, called Dewes Cot Mr. Steward, a severall at the west end of the former ; by the river north ; Stallard south, and Croswater west Idem, a severall more north beyond the river: by the said river south and west; and the comon north and east Lakingale towne, a parcell of comon ad- ioyning more north : by the grounds of Hock- old and Wilton north and west, and the river Este - . - 35 1 O 236 - 288 2 - 677 3 53 2 - 382 O 88 2 13 2 25 58 2 APPENDIX. The same towne, a large comon called Stallard, more to the south-east : betwene the mowfen north ; the narrow comon called the Banks east ; and Croswater alias High Lode south - - - 1274 A severall there more south : by the former grounde east, north and west ; and Cros- water in part south - - - 16 3 Another litle triangled severall adioyning more south : by Croswater south, and Stallard east - - •• - 7 3 Another litle severall more south : by Cros- water north, and Winterlode west - 7 3 The Towne, a peece of comon ffen adioyn- ing more south : by Winterlode west ; and Milmarsh Lode on the south-east - 47 3 The same towne, a parcell of comon iFen more east : by Croswater north ; Milmarsh Lode west ; and Willow Lode in parte south - - - - 97 3 O A litle trian2;led severall more south: bvthe former ground north ; other comon ground south ; and Willow Lode west - - 10 Another severall inclosed more north : compassed about with the former comon on every side - - - - 8 Another long severall there more north : by the former comon south, west, and north j and another severall east - - 17 Another severall adioyning more east : by a comon ffen south and east \ and Cros- water north - - - 33 Another severall more to the south-west : by the comon ffen on every side - - 1110 The towne of Lakingale, a comon il'en adioyning : by the two former scvcralls in 153 154 APPENDIX. part north ; Vuly Calcye south ; and Wil- lowlode west > - . 304 2 The same towne, another comon ffen ad- ioyning, more south: by the said Calcy north ; and Willovvlode on the south-west - 405 Undley. gjj. Xhomas Jermie*s fferme, called Vulj', hath certen severalls more west: by Wil- lovvlode and Vuly high grounds east; the intercom' of Lakingale and Milnoll south; and the fennes called Sedgefen and Town- more north and west _ - - 492 The towne, a comon ffen adioyning more north, called Sedgefen : by Willowlode- popelode on the east and north-west - 88 The same towne, another comon ffen more west, called Townmore : by Vuly se- veralls east; Popelode north; and Reach- lode south and west - • - 579 The same townej a comon ffen adioyn- ing more north : by Plantlode in part north ; and Popelode south and in part east and west - - - - 851 A severall more to the north-east : by the former comon south and west; Winterlode east; and Highlode north - - 63 The same towne, a comon ffen more west, called Arkinstall : betwene the last former comon south and east ; Reachlode west ; and Plantlode north - - - 174 3 The same towne, a liLle parcell of comon more west, called Fardinghill, neareBallards Stake: by Reachlode east; and Milnoll Sedgeffen south and west, and in part north 14 Common, A litle severall more north : by Plantlode south ; the Botesgangs north and east j and Delfdike west - . - 8 2 APPENDIX. 155 Mr. Steward, a severall adioyning, more north and east, called Botesgangs : by Plantlode south ; and Avdrylode alias Delf- dike north and west - - - 269 The same towne of Lakingale, a parcell of comon ffenn adioyning more east: by another parcell of comon and a severall of John Crane's east; and Plantlode south - ll6 2 The same towne, another parcell of comon ffenn adioyning more east : by Plantlode south; Crosswater east ; certen severalls and Cross water in part north - - 131 1 John Crane, a several! by the former comon south': and Crosswater on the north-east - 35 Mr. William Barne, a severall adioyning more west : by the comon south and west ; and Crosswater north - - - 43 2 John Crane, a severall more west : b}' the commons east, southland west; and Cros- water north - - - 26 3 A severall more west, at the meetinq; of Avdrilhlode and the river : by the said Lode on the south-east ; and the river on the north-east - - - 35 1 Another severall adioyning more west : by the comon ffenn on the north and west, and in part south - - - 15 The same towne of Lakingale, a parcell of comon ffen adioyning more west: by Delfdike west; Brandon River north; and Avdrylode south - - - - 47 The west ends of three small severalls, southward from Lakingale Church; betwene the ffen west and the high ground east - 2 2 Lakingale towne, a small parcell of comon adioyning more south : betwene the high 156 APPENDIX. ground and ibe ffen west ; with a gory point at the south end - - - 8 3 The same towne, another small parcell of comon adioyning more south, by Eswell ground south : and bounded east and west as the former ; with a gory point at the north end - - - - 6 2 Eswell. Eswell, a comon turffen at Eswell mill : by the millstreame south, and Lakingale Fen north ; butting west with a narrowe point upon Pevers Lode - - 29 1 Comon. ^ severall there more east : by the former parte west ; and the millbank south - 6 3 The same towne of Eswell, a comon ffeu there more south : by the milstreame north ; Pevers Lode west ; the high ground east, and the severalls south - - - 134 Certen wet ground within the severalls adioyning more south : by the high ground east and south ; and Pevers Lode west - 12 The same towne of Eswell, a parcell of comon more south, at the townes end : be- twene the high ground north and east ; and Pevers Lode on the south-west - 50 The same towne, a parcell of comon fFen, on the other side of the Lode : by the Lode north and east; and the high ground south and west - - - - 8 The same towne, another peece of comon ffen more to the north-west, at the Fatbridge : by the said Pevers Lode east; and the high ground south, west, and north - - 68 2 The same towne, another small pece of comon adioyning more north, with a fence at the north end : by the said Lode east ; the high ground north and west. It is partedfrom APPENDIX. 157 the former with a narrow pece of ground as a way - - - ■ -520 The tovvne of Millnoll, a comon ffen there Milinoii, adiojning, by Hignole Hards and Willow Middenhaii. Lode north ; Pevers Lode east ; and the hi2:h a;round3 south ~ _ - 800 The same towne, another coraon ffen ad- ioyning more west: by Stacklode on the south-west 3 Baldnis Lode north ; and the high grounds on the south-east - - 1018 The same towne, another comon ffen ad- ioyning, more west : b^^ Potters Lode north ; Stacklode on the north-east; and the high ground on the south-east - - 2055 The same towne, another comon ffen ad- ioyning, more south : by Milenoll River west and south ; and the high ground east - 1220 The same towne, a mowffen adioyning, more north : by the two former south and east; and the river west - - 512 The same towne, a comon ffen adioyning, more north : by Potters Lode north ; and the river west - - - _ 553 The same towne, a comon ffen adioyning, more north, called Burndffen : by the river v/est; Ely Great Shell north; and Beggers Lode east - - - - 1737 The same towne, a comon ffenn adioyn- ing more east, called Sedgeffen : by the fen called Litle Shell north ; and Reachlode east - - - - 586 The same towne, an intercomon with Lakingale, at the south end of the former : betwene Townmore east, and Burndffen west 254 The same towne, another intercomon with Lakingale at the south-east corner of the 158 APPENDIX. 378 37 O 173 former : by Baldins Drove south, and Vuly severalls north and nortli-wcst Cambridge. Jselhani towiie more suiilh, a small flcn Iselham. called Frecknams : by Millnoll River north; and a Lode or Sewer west, and the high ground south-east _ - _ The same towne, a comon ffen adioyning more west, called East Fen : betwcne Milnoll River north, and the high ground south. It hath a tenement upon it called the Chureh- howse _ . - - The same towne, a comon fi'en adioyning more west: by West Fen west; the high grounds south ; and the river north-east - 912 The same towne, a long comon adioyning more west, called West Fen : by the high grounds south, and Soame Fennes west, and in part north _ - . i045 The same towne, another comon ITen more north : betwene the two former on the south, and in part west; and the river east - (760 O The same towne, another comon ffen ad- ioyning more west : by the former ffen and the river east, and West Fen south ; and Soame Fennes, called Great and Little Mot- land, on the west and north Soame. Soame towne, a comon ffen called Li tie Melland adioyning more south : by Great Metland West ; and the ffen called the Borders south The same towne, a comon ffen adioyning more south, called the Hasse : betwene Jsel- ham Westfen east; and the Borders west 587 The same towne, a comon ffen adioyning, more south, called East Fen : by Jselham West Fen east - - - 479 308 1 370 APPENDIX. The same towne, a comon fFen adioyning more south, called Soame Moare : by Mil- streame north ; and the high ground south and east - - - - 181 2 The same towne, a comon fFen adioyning, more east, called Fordham Moare : by the said Milstreame west and south ; and the high ground east - - - 418 A several] parcel! of meadow ground more west : betwene East Fen east ; and Quaften alias CalfFen west ; butting north upon the said Quaffen - - - 28 3 The same towne, a comon ffen adioyning more west and north, called Quaffen alias Calffen ; by the Borders south ; and the Hasse east . - - - igs 2 The same towne, a comon fi'en adioyning more north, called the Borders, compassing in with diverse corners the high grounds of Soame on the south : and lying by Stoklode and the grounds of Stuntnea and Nornea on the west; Great and Litle Motland on the north ; and the Hasse on the east, with 400 hard ground - . „ jgoo The same towne, a pece of comon in Great Motlain adioyning more north: by Litle Motlain and Soara grounds east ; and Milnoll River north - ^ - 840 Sir Robert Heath hath in severalty the residue (being the west part) of Great Met- land : betwene the former part east; and Ely ffennes north and west - - 1500 O The same towne, a comon Ifen more south, beyond the church, called Horscroft : by Soame ffcilds cast ; the Moare and Mear 156 IGO APPENDIX. grounds norlli and west ; and Wickiii grounds south _ _ - 470 The same townc, a coinon iTen more west, called Sea Lodcfcn : by Wickin ground south and west; the Mcare east; and Sea- lode in parte north - - - 135 2 The same towne, a comon ffen adioyning more north, called SedgefTen : by Sealode north; butting east upon the Mear grounds IQQ The same towne, a comon ffen adioyning more north, called Barwayffen : by the for- mer ffen and Sealode south; Barway seve- ralls west; Great Caften and Hennehill north - - - - 343 O The same towne, a comon ffen more west, called Fforden : by Sealode in part north ; and Wickin grounds east, south and west - 156 2 A severall there more west, called Bug- bech : by the Middle north ; and Thetford ground south and east - - - 7 Mere, a comon within Wicken, which lyes in Soame, which is to be added to Soame - - - - 85 1 The same towne, a pece of comon there adioyning more west, called Lugffen : by the river at Harrim west ; and Thetford grounds south - - - - 13 3 The same towne, a comon ffenn adioyning more north, called the Middle : by the river west ; and Sea Lod on the north-east - 8110 The same towne, a comon flen more east, called Litle Fen : by Barway severall north, east and south - - - 17 The same towne, a comon ffen adioyning, more west, called Litle Caffen : by the river ofOwsewest; and Sea Lode south - 71 APPENDIX. 161 Sir Robert Heatb, a severall ffenne ad- ioyning, more north, called Great Caffen : by the river of Owse west ; and Stoklode north. The New Iviver crosseth over it, at the west end whereof 300 hard ground - 500 Air. William Guybbon, two tenements and certen grounds at Priesthowses : be- twenc Whelpmore on the south-west, and Brandon River on the north-east; extending west to the river Owse at Priesthowses - 312 Idem, a tenement and grounds adioyning, more east, called Warners : betwene Brandon River north 3 and Whelpmore south - 440 A tenement and grounds adioyning, more east, called Redmore : by Hallode east; and the river north ; and Whelpmore south, and in part west _ - . 504 Litleport towne, a great comon adioyning, Litleport. more south, called Whelpmore (wherein Elie and Downham do intercomon). Itlieth be- twene the three former grounds north ; Hal- lode and Delfdike east; Spamdelf Shepey and Burndffen south ; and the river Owse west _ _ . . 5010 The same towne (with the same inter- comoning townes), another comon ffen ad- ioyning, more soutb, called Burndffen : by Shepc}' and Shepey Lode east; and the river Owse west, and in part south. It is devided into two parts by a new cut from Milnoll River, whereof the south part contains - 422 The north part contains - - 1840 O The same towne (with the same inter- comones), a fen there more west, called Padnoll : by the river of Owse east; and Ely Mowflcn south - - - 74G M 162 APPENDIX. The same townc (with the same inter- conioners), a comoii iFen adioyning, more north and west: by Litleport River and the river of Owse at the Chaire on the north ; the said river of Owse, the former ffen and Elie Mowflen on the east ; the Broadcs in the river of Owse neare Elie south; and the high grounds west. The New Cut crosselb over the north end of this fFen neare to the Chaire - - - - 1110 The same tovvne (with the same inter- comoners), a comon ffen adioyning, more west : by Downliam Parke and Salcstree Lode west; Hirkham Closes south; Litleport Fcild east ; and Blacklode north - - 1010 Litleport tovvne, a comon ffen adioN'iiing, more north, called Blacklode ; by Camollode north; and the river to VVelley south - ll6 2 The same towne, a ffen adioyning, more north, called Camoll : by Wellnea River on the east and north . . _ 3QG i o The same towne, a litle comon ffen ad- ioyning, called Cambridge Croft : by the former south and east; and the river north - 36 2 The same towne, a mowffen adioyning, more west; by the twoe former east; and Westmore north and west. This is called Marffen - - - - 442 O A messuage and certen severall grounds there more north, called Apeshall : by West- more on the west and in part north ; Wel- nea River east ; and certen other scveralls south - - - - 170 2 Other severalls there adioyning : by the former grounds of Apeshall east, wqst and north ; and the river south - - 18 APPENDIX. 163 Other severalls there more north : by the former grounds of Apeshall south; the river north and east ; and other severall of Apes- hall west - - - - 88 3 Other severalls of Apeshall adioyning more west : by the river north ; and West- more south and west - - - 50 1 A severall more to the north-west, being parcell of the ground called the Hundred Acres: by the residue of the said ground north; the river east; and Westmore south and west - - - - G6 1 Another severall adioyning, being the re- sidue of the said 100 acres : by the former south ; the river east ; and Westmore south and west - - - - 56 3 A great comon ffen there adioyning, called Westmore, wherein divers townes do inter- comon. It lielh betwene Welnea River and Li tleport grounds on the east; Salestre Lode and Downham Parke ffrith, and Coveny Lode on the south ; by Willow Lode west ; and the Newe River on the north part - 8454 The towne of Litleport, a comon ffen more east, called, at the south end. Church Fen, and at the north end, Wood Fen : lying betwene Welnea River south ; the same river, and diverse severalls west; New Ditch north, and Sir Miles Sandys his imbanked grounds with willow rowes east - 1481 O Ccrten severalls there adioyning : betwene Welnea River west; New Ditch north ; and the former comon east and south - 304 Ccrten other severalls more to the north- west: betwene New Ditch and Welnea River on the south and west; and the common m2 Westmore. The other part of this fena is set down ia foil. [166.] ^"^ APPTSNDIX. ffea, called the Hale, in part on the east and north . . . _ 047 O The same towne of Litlcport, a comon fFen adioyning more east, called the Hale : belwene the severalles and New Ditch on the south and west ; Welnca groundes north ; and Sir Henry VVillughbees grounds east 1040 O A scverallin Li tleport called Crouchmeare: by the former comon called the Hale north and west ; New Ditch south ; and Sir Henry Willughbees grounds east - - 180 Sir Miles Sandys, a large ffen imbanked with a tenement upon it neare Preists Houses : by the comon ffen on the south and west; Adimore north; and the banke of the river of Owse east. It is planted with a double row of willowes on the east side, the south end, and half of the west side - 1350 A tenement and severall ground at the north-east corner of the former : by the former ground on the south-west; the river bank on the south-east ; and the fFen called Adimore north - - - 80 O Well and Well- Well and Wellnea, ccrten grounds be- twene the Hale in Litleport south : the Kew River north ; Welnca River west; and Sir Henry Willughbees ground east. Here- in is both comon and severall - - 1488 3 Sir Robert Bell, a parcell of the fTen called the Londiners Fenn, adioyning, more north: by Maidlode south; Denverffen east ; and the New River on the north-west - 342 3 O Wellnea, certen tenements and ffen grounds more west : betwene AA'^ellnea River west; Shiplode north; and the New River on the south-east - - _ 345 nea APPENDIX. Sir Robert Bell, a severall ffen called Wickffen, Cadifffen and Neatmore (now called the Londiners Fenn), adioyning, more north : betwene Shiplode and the New River south; Denver Fennes east; London Lode and the comon ffen called Neatmore north ; and the Calcy Dike and some seve- rall crofts in Wellnea west - - 2S02 3 The towne of Upwell, a comon ffen ad- ioyning more west, called Neatmore : be- twene the foresaid ffenn called the Lon- diners Fen on the south and east; the Calcy Dike west; and London Lode north- 1490 Four severall tenements and crofts more south : towards Wellnea by the river and Calcy Dike west ; Shiplode south ; and the Londiners Fennes on the north-east - CO Certen other grounds there adioyning more west and north : betwene Wellnea River south, west and north ; and the Calcy Dike up to London Lode on the east 638 Another severall there more north: by the former south ; the river west ; and the Calcy Dike east - - - - 97 O Another severall adioyning more north ; by the river west; the Calcy Dike east; and Bar Dike at Poppham Lode north - 47 The towne of Upwell, a comon ffen ad- ioyning more east, called also Neatmore: betwene New Dike north ; and London Lode south ; extending east with a gory point to the New Podic - - 9Gl The towne of Outwell, a small comon ad- ioyning more north, betwene Smallode south ; New Dike north; the New Podick east; 165 166 APPENDIX. and extending west with a gory point to Croswater - - - - 32 The same towne, a flenn adioyning more north, called Walsingham Fenn : betwene Smallode south ; the Newe Podick north ; and Church Feild Bank west - - 6l5 O The towne of Upwcll, other ffen grounds adioyning more south : betwene New Dike south ; Smallode north ; and Planfeild bank, called Bardike west; with a narrov; point on the east at Croswater. Herein are diverse Westmore. severalls _ - . - 95O The same towne, other fFennes more west : betwene Weluea River east ; the river Neane north; Dodington grounds west: and Dazzy Lode south - - - . 5919 The same towne, other ffennes more north : called by diverse names, Ladwise, Marmound, and Thurling; betwene the river Elye. Nearne on the south, and Eask Bisshops Dike north ; and Elm Leame west - 2320 Part of the great comon called Westmore, more south : betwene the New River south, and Dazzy Lode north ; Manea grounds and up Willow Lode west ; and Wellnea grounds and river east ; diverse townes doe comon in this ffenne. The other part be- yond the New River is formerly set downe foil. [163]. - - - 4966 Ely towne, a litle narrow parcell of comon on the east of the towne: betwene the river seuth and the high ground north ; and the inclosures neare the towne west - 37 3 A severall car more west on the other side of the river, neare the howses at the townes- APPJiNDfX. ISf end : compassed about with the river on every side - - - - 5 The south ends of the yards of diverse tenements in Elie adioyning there more west: lying together betwene the back river on the east and south ; and the Great River neare the bridge on the west - -12 The towne of Elye^ a comon ffen more to the south-west beyond the bridge : betwene the river east, and the high grounds west ; the wa}' from the bridge into the towne north; and the inclosures of Braime south 367 The fFerme called Braime, certen wet grounds in the two first inclosures : by the former comon on the north ; and the high grounds in Braime south and west - 14 The same fFerme, other wet grounds in diverse other inclosures there more east : lying together betwene the former comon on the north ; and another comon neare to Thetford on the south and east - - 25 The towne of Elie, a comon ffen more east on the other side of the river; by the river west ; Soame ground south, and Stuntnea ground east. The New Cut crosseth over this and the peece following 136 3 The same towne, another comon ft'en ad- ioyning more north : by Stunlnea grounds east ; the Calcy north, and the river west 205 . Stuntnea fferme, a parcell of ground more south : betwene the former of the two last ffennes west, and Stocklodc south; and the feikl ground on the east and north - 213 The same ft'erme, a parcell of Mowground adioyning more east, called Dericks : by Stocklodc south ; and the high ground north and east - - - 42 3 168 APPENDIX. The same ffermc, a lille small pcccc at ihc north-east corner of the former: by the high ground east and west ; and Soame Calcy north - - - I 3 O The same fferme, a peece more south and east : bctwene the high ground, and Soame Calcy north and west; and Stocklodc and the Borders in Soame south and east - 73 The same fferme, certen other several! in- closures there on the other side of the Calcy : by the high ground west ; Nornea grounds north ; the Calcy south ; and the said Borders east - - - llG 1 The same ffermc, more north : the ends of certen severall inclosures ; by the high grounds south and east ; and Dunstall north 15 The ffermers there, a comon ffen, called Dunstall, adioyning, more north : by the high ground and the mowffen west ; diverse severalls north; and extending east to the end of Blak Bankes •• - - 88 3 The same ffermers a mowfl'cn at the north-west corner of the former : by the severalls north, west, and south. This is also called Dunstall - - - 3o O Diverse other small severalls of diverse men adioyning more north and west : by the river or lode north and west; and Thornea ground betwene them and Black Bank east 62 1 20 Thornea fferme, a parcell of medovv ad- ioyning more east : by Dunstall comon south, and Black Bank cast - - 29 S The same fferme, a pece adioyning more north : by the river or lode north, and the high ground east - - - 25 2 O The same fferme, 2 small peces together APREXDIX. adioyning more east, neare the fferme house : by the high ground south and east ; and the lode and comon ffen called Svvaiesdell north - - - - 11 The same fferme, a parcell more east : by the high ground west; and the comon ffen north and east - - - 7 The same fferme, a severall adioyning more east : by the said comon ffen and Great Metlam in Soame north and east; and Nornea grounds south - - 127 The same fferme, a parcell of wooded ground there more west : betwene the high ground of this fFerme north; and the low ground of Nornea south; extending west neare to the end of Black Bank - 17 3 The ff"erme called Nornea, certen severalls adioyning more south ; between the 2 for- mer peces north ; Great Metlam east ; and Soame borders south - - 392 The fferme called Quanea more north : a severall betwene Quanea Brink or Lode on the south and west; and the comon ffen on the north and east - - - 53 The same fferme, a several inclosed more north : by the Brink or Lode west ; and the comon ffen on the north, east, and south - 113 The towne of Elie, a comon ffen there ad- ioyning (wherein the foresaid fformes doe comon) by the Brink, and the former se- veralls west: Thornea groundes south; Great Metlam ffen east; and the river in part north. This is called Swanesdell - 5G5 3 'J'he same townc, a comon ffen adioyning more west : by Quanea Brinke and the Lode east and south ; the great river north ; and 169. 1/0 APPENDIX. Stuntnea Calcy west. The new cut runelh Ihroiigh the midcst of this - - 762 O The same towne, a mowfleri more, north on tlie other side of the river: by the river south and east; Paddollake north, and ano- ther comon iVen west - - 10'20 The same towne, a comon ffen more east : by the great river west; MilnoU river north ; and Great Metlam in Soame east, and in part south ; there is a house upon this called Prickvvillows - - . 435 q q The same towne, a comon ffen more east, called Greatshell : by Shepey Lode north ; Milnoll river west; and Milnoll Burndffen on the south-east - - - 1248 A tenement and severall adioyning more north, called Sheepey : by Whelpmore north ; and Litleport Burndffen west - - 380 A tenement and several more east, called Spaindeff I by Whelpmore, east, north, and west ; and Shepey Lode south - - S9 2 The towne of Ely, a comon ffen more east, called Litleshell : between Whelpmore north, and Milnoll Sedgeffen south, and the Great Shell west. This is claimed by Lakingale, and by them called Westmore 227 Wickin. Wickin towne hath a comon ffen extend- insT from Horscroft in Soame on the east, to the ffen called Ffordea on the west : be- tween Wickin high grounds south, and Soame Meare and Sea Lode ffen and Sea Lode on the north; and then extendeth southward to Wickin severalls betwene the high ground east, and the river of Grant west 1345 Certen severalls of Wickin adioyning more south : betwene the feild east, and the APPENDIX. 171 river Grant west ; and Wickin Lodes End south - - - - 120 "Wickin towne, a comon ffen more east, called Broadfen and Sedgefen : betwene the severalls north, and Wickin Lode south 437 2 Sir Edward Peyton, a severall adioyning more to the north-east: butting east upon the Lode - - - - 40 The same towne of Wickin, a small comon adioyning more north, called Broad- fen ; extending east a little beyond the Lodes end - - - 20 1 Isack Barow, Esq. a severall more west, betwene the Sedgeffen south, and his owne ground north, butting west upon the high ground. This peece is imbanked on both sides, both north and south - - 57 The same towne of Wickin, a litle comon more east, at the east end of Sir John Pey- ton's 40 acres aforesaid ; by the Lode south, east, and west - - - Gl 2 O The same towne, a litle parcell of comon adioyning more north : by the high ground north - - - - 20 The same towne, a parcell of comon ffon In Fordbam. about five furlongs more east, toward Bur- well Clocke: by the Lode south; and the high ground north and east - - 85 1 A severall more west (beyonde the river of Grant) called Uimocks cottage: by Washlode north ; butting east upon the river ; west upon Ffeadal ffcn - - G S Isack Barow, Esq. a small severall ad- ioyning more south : butting east and west as the former - - - 2 1 The towne of Wickin, a comon ffen ad- ioyning more south: by the river cast; 172 APPENDIX. Burwell. Soflfham. Bottesham. Ffcadal ffcn and Water lieecli West ffen west - - - - 178 2 A several! adioyning llicrc more south : bound east upon the river; west upon the Joist ffen - - - -420 Another sevcrall adioyning more south : bounded east and west as the former - 212 Another severall there more south, over against Wickin Lodes end : by the river east and south, and the said Joist ffen west 31 2 Burwell towne, a comon ffen more east, beyonde the river at Burwell Block : by Wickin Lode north and east; another Lode west; and the ffeild ground south - 421 The same towne, another comon ffen ad- ioyning more west : betwene Wickin Lode north, and Burwell high lode south ; with a narrow gory point westward, at the meet- ing of the twoe lode3 - - 1120 O The same towne and Reach, another co- mon ffen adioyning more south : by the high ground east and part south ; and Reach Lode on the south-west ; with a narrow gory point westward at the meeting of the two lodes _ _ _ _ 1434 q Soffham and Reach, a comon ffen adioyn- ins more south: betwene Reach Lode north, and Soffham Lode south ; the river of Grant west; and the high grounds east - 3221 Soffham, another comon ffen adioyning more south : betwene Soffham Lode north ; and Botshm Lode south ; the high ground east ; and Botshm grounde west - 1337 Botshm towne, a comon ffen adioyning more west: bounded north and south as the foroier; and by the river of Grant west - 541 APPENDIX. 173 Botshm, and the three townes of Quy, Homingsea, -i-v- 1 TT • rr 1 Quy, andDit- JJilton and Horningsea, a comon iien ad- ton. ioyning more south : by the high ground called Lodemore east ; and other high ground, in part south ; the high ffen and the feild at Clayhive west. This ffen is called the Rough - - - 866 The said three townes, a comon ffen adioyning more west, called High Fen : by the former east and north, and the high ground west. It is banked on the north and west parts - - - 308 2 The said three townes, a parcel! of co- mon more west, by the bank aforesaid on the north-east : and the high ground on the south-west - - - 13 1 The said three townes, a comon ffen ad- ioyning more south, called Low Fen, betwene the high ground west, and the high ground and Quy Milbeck east ; butting upon High- ffen, and extending south, with a narrow gory point beyond Quymill - - 341 The said three townes, a litle parcell of comon more east at the said mill : betwene the Milbeck and the floodgate east and west; butting south upon Cambridge way - 4 3 The said three townes, a ffen more north called Offen : neare Augsey Abby, by the Milbeck west; and the said becke and the Abby yard north ; and the high ground on the cast and south - - - 155 2 The said three townes, a parcell of comon al liotshm Lodes end : by the said Lode east; the river of Grant north and west; and tlie high ground at Clayhive south - 64 I 174 APPENDIX, Chesterton. Chesterton towne, a little coraon over against Ditton church : lying betwene the ^ high ground west ; and the river of Grant, east and south - - - 47 1 O A litle severall carr more south : betwene the north end of Chesterton cotnon aforesaid on the west ; and the river east - 2 1 20 Melton. The towne of Melton, a parcell of comon and some severalls lying together at the north end of the former : betwene the river east ; and the high ground south, west, and north - - - 230 Strettham Stretlham, Sir Miles Sandys, a severall ffen at Dimocks cottage : by Wash Lode north; Wickiu Fen east; Waterbeech Fen south ; the meare and mearground west. This is called Feadal Fen - - - 102 O A severall more north beyond Wash Lode, called Parsons Holt : by the Lode south ; and Hold Fen north and east - -330 Another litle severall adioyning more westt bounded north and south as the former 12 Another severall adioyning more west : by the said Lode south ; the meare and meare grounds north and west - - 7 3 The same towne of Strettham, a comon mowfFen there more north, called Holeffen : by Washlode, and the meare grounds south ; the river of Grant east; severalls of Thet- ford and the river Owse north ; the same river and Dallode west - - 265 The same towne, a comon mowfFen ad- ioyning more west, called Dolanedowes ; by Dallode and Bringham Dike east; Wash- lode south: and the river Owse on the north- west - - - - 61 2 APPENDIX. 175 Sir Miles Sandys, a severall fFen more (beyond the meare called Chairefen Hilles) betwene the meare grounds north : the Joist- fen of Waterbech south and east j Haidoii lake in part, and the river Owse in part west . * _ - 400 Part hereof at the north-west corner is called Willow Fen, with a tenement upon it called Mogs cottage - 002 3 Idem, a litle comon more west, called also AVillow Fen : by the former ground east and north ; the river west ; and Willow Fen Lake south - - -630 Idem, another severall to Sir Miles Sandys, more south, called also Willow Fen : by the former great pece so called on the east; Haydon Lake on the west and north ; and Chittering Dike south - « I9 Strettham towne, a comon mowffen ad- ioyning more east, called Chairffenplaine : by the river north; the same river at the Ferry-house in part, and Cottenham Lode in part west; Chittering Dike north; and Haidon Lake east - - - 207 1 The same towne, a comon mowffen be- yond the fferry : betwene the river east and south; Whartlode north; and Wilberton Fennes west - - - 154 3 The same towne, a comon ffen more north : by Whartlode south ; Wilberton Fennes west; the high ground north; and the high ground and Ferry Dike in part east 150 O A small severall at the Ferry Dike, more east: by the former comon south, Avest, north, and in part east - - - 1 The pame towne, a comon fl'eu more cast : 176 APPENDIX. by the Fery Dike west ; the river south ; Barlake east; and the high ground north - 130 The same towne, another comon fFen more east : by Barlake, and the high ground west; the river south-east; and Strettham Lodeon the north-east - -' - 117 The same towne, a comon ffen adioyning more north: by Strettham Lode south; the river east ; and the high ground west - 94 1 Sir Miles Sandys, a several] fFen adioyning more north: by the river east; Widowes Pingle, and New Ditch north ; and the in- closed high ground west - - 9t> Thetford. Thetford towne, a comon pasture adioyn- ing more north, called Goldsmore : b}'^ Har- rimer severalls, and the river in part east ; the former grounds south ; Thetforde fFeildes and other high grounds west and north - 217 Certen severalls adioyning more east, called Harrimer severalls : by the former ground south and west ; the river of Owse east ; and the Lode from Harrimer to Thet- ford north - - - 90 A severall on the north side of the said Lode, with a tenement upon it : compassed about with the said Lode and river on every side - - - -810 Certen other severalls more south : called also Harrimer severalls ; by the river of Grant east, and the river of Ouse west, with a narrow gory point at the north end, at the meeting of the two rivers. At which point is a tenement called Harrimer - - S8 1 Another severall there more east : by Soame grounds north, and in part east ; and Wickin grounds south, and in part east; AI*PENDTX. 177 and the river of Grant west. This is cast up in Wickin Comon ; because the ditch is not described betwene them - - ,51 2 l6 A comon ften more north : betwene Thet- ford inclosed ground south ; and Braime inclosures north ; the river east ; and the inclosed grounds west - - 120 Certen wet ground within two inclosures adioyning more west : whereof the close more northward contains - - 3 2 The other more southward contains - 4 2 Cottenham towne, a comon fFen beyond Cottenham. Strettham Fery, banked from the river Owse on the north, and Cottenham Lode on the east; called, at the south east corner, Seech- hill - - ' - - 272 2 The Outcast there betwene the bank and the river ; and betwene the bank and the Lode - - - - 20 The same towne, another comon ffen ad- ioyning more south, by Cottingham Lotts south : butting east upon Cottenham Lode 464 The same towne, another comon flen ad- ioyning more south, called Cottenham Lottes : by Landbeach Fen east, and a bank south _ - _ - 236 The same towne, a comon ffen adioyn- ing more south : by the high grounds south and west - - - - 76 The same towne, a comon ffen more to the north-east : by the two first of Cotten- ham Fennes on the eastj and it is banked from the river of Owse on the north - 429 The outcast of this flen betwene the banke and the river - - - 20 The same towne, a comon ffen adioyning N 178 APPENDIX. more south : by the high ground south, and Smithymans west; this is called' Bullocks Hast - - - - 79 The same towne, a parcel! of the comon flfen called Smithyffen : by the high ground of that fTen south : and a bank on the west by the river of Owse, and a comon Lode - 97 The same towne, another parcell of that comon ffen adioyning more west : extend- ing west to Aldrith Calcy, betwene the river north, and the high ground of that ffen, and the ground called Hemp Falles on the south - - - - 330 The same towne, another part of that comon ffen adioyning more south : extend- ing from the gateway into Hemp Falls on the north, to the gravelled Calcy at the south end of the ffen; betwene the high ground of that ffen east and north ; and Hempfalls and the intercomon ffen with Hampton west and south - - 231 The same towne, another parcell of that comon ffen adioyning more east : by the said Calcy south ; the ditch next the feild east ; and the high ground of that ffen north and west - - - - 42 .Ol Raxupton. The same towne, together with Rampton, another intercomon ffen more south : be- twene Smithymans aforesaid north ; the high ground east and south ; Rampton me- dowes and Cottenham bank west - 550 C Rampton and Rampton and Willingham, another inter- ing dm. (,Q^j,Q^ flgu more west, called Irani : betwene Rampton grounds on the south, and West Cottenham bank east, and Hempfall north ; most of this is dry ground. The wet part APPENDIX. 179 lieth betwene Cottenham bank and Hemp- fall north and east, and the high grounds south and east - - - 35 Rampton, a ffen ^dioyning more north, called Rampton Hempfall : by Cottenham bank and Smithyfen east ; and other grounds called also Hempfall nprth - - 1 1 1 Rampton and Willingham, another inter- comon more north so called : by Smithifen east and north, and Aldrith Calcy west; it is banked about on the east, north, and west ; and leaveth another outcast on the outside. It contains within bank - 233 The same townes, another intercomon ad- ioyning more south so called, butting east upon Rampton Hempfall ; west as the for- mer, with an outcast at that end - 113 The same townes, another fFen adioyning more south, called also Hempfall : by Rampton grounds south ; butting east upon Rampton Hempfall, and Rampton Irani, west as the former; wilh an outcast also there - - - - 103 The same townes hold as intercomon the said outcast of these 3 former peeces : by Smithyfen north, and Aldrith Calcy west 32 1 Sir Miles Sandys ccrten inclosed grounds WiUini^IiJim. there more west, called the Stacks : by the '^"'"- ''"'"*""' Meargrounds called the Sholds, and the Pounds north ; Aldrith Calcy east ; and the medowes callcdLong Slacks south - 77 O The townc of Willingham, a ffen called Sir Miles. Babishyme more west: by the Meargrounds called the Sholds east; extending north, wilh a narrow spong to the river - 74 o o The same townc, a iTen called Milking- yiiMiir^. N 'zJ ISO Wilberton. APPENDIX. hill adioyning more south : by Middlefi'en south nnd west - - - 7G 2 O The same townc, a cornon ft'cii adioyning more south and west, called INliddlelVen : by Balhingbank north ; Willingham Lode west ; and ihe high ground south - - 453 I) The same towne, a ffen more north, called NowditchfTen, and Middlehill •• be- twene Bathinge Lode south, and the river north - - - - 196 O The saoie, a small ften more west, called Eastland, by Bathing Water south, and west, and east; and the river north - 3i 1 O The same towne, a mowflen more west, called Great Shelfolds, betwene Bawditch east; the Meare and Mear grounds south, Litle Shelfolds west; and the river north - 139 Ileire of Sir Edrd Hynd, an imbankcd ffen adioyning more west, called Litle Shel- folds : by Over groundes south and west ; and the river north - - - 80 O The same towne of Willingham, a comon ffen more south, called Clattox, alias Lan- grach : by the Meare grounds north and east; and Over grounds west - - 113 The same towne, a comon ffen called West Fen, at the south end of the former : betwene Willingham Lode east, and Over Fen west; and the high grounds south - 351 Mr. Towers hath in Wilberton a tenement , and certen severalls lying together, betwene the river south, and the comon ferines east, west, and north - - 74 The towne of Wilberton, a mowffen ad- ^ ioyning more east, called the Lazlar : by the / APPENDIX. 181 river south ; Streetham grounds east ; and VVhartlode north - - - 520 The same towne, a comon ffcn more north, called Rushfen : by Strettham grounds east, and Haddenham grounds west ; Whart- lode south, and the feild north - - 425 The same towne, a comon tfen adioyning more south, called Kegffen : by the Lazlar east; Haddenham ground west; and Mr. Towers severalls south - - 204 O The same towne, a litle parcel of comon at the south-west corner of" the former : by Haddenham ground west; butting south upon the river - - - 5 Haddenham towne, a comon ffen called Haddenham. above Turves : by Wilberton ground east ; and the river south - - 115 The Rectory of Haddenham, a severall more west, called Priestcroft : by London- doles west; and the river south and east - 11 Haddenham, a mowffen called London- doles adioyning more west: by the Church Ten north and west ; and the river south - 95 The same towne, a comon ffen, called Church Fen and the Holmes : by the former doles and the river south ; Aldrith Calcy west ; and the Leame south - - GOO The same towne, a comon ffen adioyning more north, called Hoggeshill : betwene the ffeilds north; Wilberton ground east; and the Leame south ... 280 The hcire of Edrd Kirks, a long holt in scveraltye : betwene Aldrith Calcy east, and l'>well Fenn west ; butting south upon the river ; north upon the Leame - - 7 2 The Earlc of Suft, a severall ffcti nd- 182 APPENDIX. ioyning more west, called I'^vell Fen : be- twene the river and certen grounds of Sir Miles Sandis south ; and the Lcame and Dambanke on the north and west - 402 The townc, a comon fFen called Beryffen : extending from Aldrith Calc}' on the east, to Erilh Calcy at Hilcow on the north: be- twene the high ground on the north and east ; and the Leame and Galfen on the south and west . ^ _ 234 o The same towne hath a comon ffen called Galffen adioyning more west: betwene Erith Calcy north; and Darabank south; and the Delflfs west - _ - 1200 Mr. Dockery, a severall, with a tenement called Finches Cot : by Ewell Fen east; Dumbauk west; and the river south - HOC) Certen severalls there adio^'ning more south, called the Oversdelffs : by Dambank east ; the river south ; and the Great Pingle west 424 Other severalls adjoyning more north, be- twene GaliFen on the south and east, and Erith Calcy north: called ISeather of DelfFs 325 A severall more west, called the Pingle, by the said Overrsdelfs east and north, and the river south - - - 26 Another severall adioyning more, west, called also the Pingle: butting north upon the Calcy ; south upon the river - 12 Another severall Pingle adioyning more west: butting north and south as the former 12 1 A tenement and 3'ard adioyning more west, called the Hermitage at Erith bridge: betwene the Calcye north, and the river south - - - - 1 3 20 A three cornerd severall there more north : APPENDIX. 183 by the Calcy south ; the West Water west ; and a bank east - - - 2 2 20 Another severall adioyning more east, being imbanked on the west and north ; by Erith south - - - 10 Another severall adioyning more east, and butting south as the former - 1 3 20 Another severall adioyning more east, and butting south as the former - 2 3 Another severall adioyning more east, by the saide Calcy south and east - 2 3 A severall more east, called Callicroft : by Middlemore in Sutton west ; Hildoles east and north ; and the Calcy south - 5 The towne, a mowfen adioyning more east, called Hilldoles, in twoe peeces toge- ther ; whereof the longer lieth by the Calcy south ; and North Fen east and in parte north; and Middlemore west - - 132 The other pece is shorter east: by North Fen east, and Meadland in Sutton north ; and Middlemore west - - 36 2 The same towne, a comon flfen adioyning more east : betwene the Calcy and the feild south ; Sutton Fen on the north ; and the high i^round east - - - 1020 This is called Smalffen, alias North Fenn, &c. Over towne, a ffen called Blunt Fen : be- Ouer. twene Great and Litle Shelfolds north ; Over Lode south ; and Howe Fen west ; now devidcd amongst the tenants - C92 The same towne, a mowfen adioyning more west, called IIowc Fen: b}' the river north and west ; and Over Lode south - 750 The same towne, a fTen on the other side 184 Tacye. APPENDIX* of the Lode : by the Lode north ; Willing- ham Fen east ; the high ground south ; the Calcye at the bridge leading to the Ferrye west. It is now devidcd amongst the tenants 4lG O The same townc, another lille fFenn more west : betwene the said Calcy east j and Swacy grounds west ; the Lode north, and the high ground south. This is also devided amongst the tenants - - 23 O Swacy towne, a comon fFen more west : betwene Over Lode north and Swacy Lode south : and the river west - - 276 O Sir John Cutts three litle pightles adioyn- ing more east : betwene over ground north, and Swacy high ground, neare the Church south ; whereof that on the south side contains - - - 25 O The middle pightle containeth - 17 The north pightle next Overground con- tains - - - - 5 A severall adioyning more south : by the last pightle north, and the middle pightle west. It is banked on the east, north, and west; and lieth by the high ground south 17 O Sir John Cutts, a severall more south, ad- ioyning to the first of his former three pightells on the north ; the high ground east and west; and the low pasture south 20 O The said towne of Swacy, a comon ifen adioyning more south, called the Cow Pas- ture : by the high ground south and west 358 Part of a severall adioyning there more east : by the former south and west, and the high grounds north and east - -800 The same towne, a little triangled pece west of the church, by Swacie Lode west ; ATPBNDIX. and the Feed Fen north ; and the high ground east - - - 4 2 The same towne, another peece of comon more south-west : bj' the Lode north-east, and the high ground south and west - 22 2 The same towne, a mowft'en adioyning more west : by Draiton Mowifen west ; the high ground south ; and the Lode in part north-east. It is in parte imbanked on the north side _ _ . 222 A litle severall holt more north beyond the bank; by the river north, butting east upon the Lodes end - - - 2 Another litle severall holt, at the west end of the former, broader and shorter than the former : betwene the bank south and the river north - - - 2 Draiton towne, a mowffen there more Draiton. west: by Swacye Mowfen east; the high ground south ; the river north ; being im- banked at that end - - 154 2 The same towne, a Feed Fen more west : by the former east and south ; Draiton Lode west; and a bank north - - 136 2 The same towne, a parcell of that ffen more north : betwene the said bank south; and the river north and west - - 1.5 3 Stanton towne, a Feed Fen adioyning Stanton. more west, by Draiton Lode east ; the high ground south ; and the river north - 252 The same towne, a mowifen adioyning St. lues, more west : by the high ground south ; the river north ; and Stanton Lode in part west 224 The towne of St Ives, a comon ffen more north, on the other side of the river : by the river south, and a lode and diverse in- 186 186 APPENDIX. closed pastures on the vvesl. iL conlcineth 314 acres, but [ suppose about a third part to be dry ground - - - 210 llolllwi-ll. Hollhvell towno, certen niedow grounds adioyning more east: by the high grounds nortli ; and the high grounds in part, and the inclosed medowes in part east; and the river south - - - 280 The same towne, certen other severall me- dowes adioyning more east, by the river south and east - - - 27 The Sokcii, The same, together with the Soken townes, Somcrshin. . . re . ^ an intercomon nen more east : betwene the river south and east ; and the high grounds west and north - - 1005 A severall medow ground at the north- west corner of the former, at the two bridges : by the former grounde south and west ; the river east; and the high ground north - 7 Another parcell of meadow ground ad- ioyning more east: by a holt next the river south : a feild way east ; and other me- dowes being north-west - - 23 3 A severall holt more south: betwene the former ground north, and the river south 3 Another litle holt at the east end of the former : by the river south - - 3 20 Another lono-erholt at the east end of the former: by the river south - -400 Two parcells of medow more north : be- twene the said two holts south, and the high ground north; the forsaid ffeildwa}'- west ; and a litle grove of wood east ; whereof the west parcell next the way con- taineth - - - - 30 APPENDIX. The other next the grove of wood con- taineth - - - - 10 3 A parcel of medovv adioyning more east, with that litle grove of wood on the west side : betwene the river south ; and the high ground north and east - - 34 Sutton towne, a part of the ffen called Sutton. Middlemore: by the Westwater west; Had- denham grounds and Erith Calcy south and east ; and the New River north - 243 2 The same towne, a part of Southmead Land adioyning more east: by Haddenham Hilldoles south; and the New River on the north east - - - - 123 1 The same towne, a ground adioyning more east : b}' Sutton Lode north ; the New River in part west ; and a drove way on the south- east. It is parcell of the ffen that was de- vided from Haddenham - - 73 The same towne, olher severalls adioyning more to the south-west: by the waye next Sutton Lode, and the gravell way north ; Haddenham small ffen in part south ; and another drove way east. This was also parcel! of the inlercommon with Haddenham 338 2 O The same towne, other severalls adioyning more east: by the drove waies west and south, and the Calcy in part north. This is also parcell of that intercomon - 72 3 The same towne, other severalls adioyning more south : by the drove way north ; and Haddenham Fen south and west. This was also parcell of that inlercomon - - 122 3 The same Lowne, other severalls adioyning more east: by the two former west; Sutton high grounds north, and Haddenhuui Fen 187 188 APPENDIX. south. This was also parcell of that inler- comon - _ . - 430 The same towne, other sevcralls at the west end of the towne, betwene Sutton Lode on the north and jvest : and the gravell way south - - - - 34 O The same towne, other severalls adioyning more west: by \Vcst Fen on the north ; and Norlhmead Land west - - GO The same towne, other severalls adioyning more south : by the gravell way north ; and Sutton Lode south and east ; extending west, with a narrow point to the New River 26 2 20 The same towne, a part of Northmead land adioyning more north : by the former 60 acres east, and the New River on the north-east - - - 75 1 The same towne, other severalls at the north-east corner of the former (being parcell of West Fen): by the Lode south; the New River north-west; and the New Lode east G2 2 O The same towne, other severalls adioyning more east (being also parcell of West Fen) :* by New Lode west; Sutton Lode south; and Caplode east - - - 27 3 The same towne, other severalls adioyn- ing more north (being also parcell of West Fen) : by the two former south ; Caplode east ; and the New River on the north-west. The New Lode crosseth over it - - 128 2 O Mn Dunbar, fermer of the Maner house, and the demeans of the maner, hath within the inclosures at the maner house on the north side and south side of the banke or way leading from the ffen to the house, some wet grounds next the ffermes by Caplode west 18 APPENDIX. 189 A severall adioyning more north : be- twene the highwaye east, and Caplode west 10 2 Another severall adioyning more north : bounded east and west as the former. New- lode crosselh over this, and the pece fol- lowing - - - - 9 I Another severall adioyning more north : by a drove way north : bounded east and west, as the former - . - 10 Another severall adioyning more north : betwene the Drove east, and Caplode west: butting north upon the New River - 5 2 20 The towne hath other small severalls ad- ioyning more east : betwene the former drove west, and another drove east; but- ting north upon the New River; south up- on the highway - - - 125 The towne hath other severalls adioyning more east: betwene the former drove west; the high grounds south and east; and the New River and Barlode north - - 32 2 The same towne, certen severalls in Block- ffen, beyond the Nevve River: betwene Char- tresse fl'ermcs on the north and west ; Norlh- £Fen south, and Mepale ground cast - 350 O The same towne, other severalls of North- ffen adioyning more south : by the former and Horselode Fon in Chartres north ; Cap- lode south and west ; Mepale grounds and the New River east -:! - : ;-;.1311 The same towne, other severalls in^aff en : called the Middle, at the west end of the) .'. . former: by Chartresse grounds north and ' west; and Mr. W'endees HoUwoods south 102 Mr. VVendce diverse inclosed grounds ad- These m Chat- ioyning more south : betwene Chartresse rcsuc. 190 APPENDIX. severalls north ; and West Fen cast ; Litle Holvvood south ; and the West Water west. These are called Great Ilolwood and Ab- bots Holwood, with a dwelling house upon Ihem - - - - 936 2 The towne, other severalls in the ft'en called West Fen adioyning more east : by Caplode north; the New River east; and Northmeadland south - - 1037 The same towne, a severall adioyning more west, called Lille Holwood : by Great Holwood north ; the West Water west ; and Northmeadland on the south-east - l65 The same towne, the greater part of North- meadland adioyning more east : by West Fen north : the New River cast; and Sut- ton Lode west. The other part is beyond the river _ - _ . 674 The same towne, a part of Southmead- land adioyning more south : by the New Ri- ver east; and Sutton Lode and Middlemore west . _ _ _ 125 The same towne, a part of Middlemore adioyning more west : by Westwater west ; Sutton Lode north, and the New River on the south-east. The other parts of these two former are beyond the New River - 95 1 Mepale. Mepale, a litle ffen by Barlode south : a tenement and yard at Mepale Bridge east ; and the New River on the north-west - 15 The same towne, a ffen adioyning more east, called Gal Fen, betwene Bial Fen east and Bar Lode, alias Mepale Lode south; and the New River on the north-west - 80 The same towne, certen small severalls adioyning there more cast on the other side APPKNDIX. 19i of the Lode : betwene the said Lode and a long land of Mr. Jetherells north ; Witham Comon easte ; Meple Grene, and the high grounds south and west - - 33 The same towne, a part of the comon called Gal Fen, beyond the New River : by the said river on the south-east; and Pil- grams Ea north - - - 120 3 A severall there more north : by the former pece south, and Pilgrams Ea north and east 21 Other severalls adioyning there more west: by the twoe former east and south ; and Chartres Block Fen north - - 54 Mr. Owen Jetherell, a severall adioyning more west : by the former east and north ; and Block Fen and North Fen west - 101 The towne, a severall there adioyning more south : by North Fen on the south- west ; and the New River on the south-east 6o Witeham Meadlands more north : betwene Chartresse Fermes west ; Biall Fen east and north ; and Mepale Gal Fen south - 135 2 The same towne, certen severalls more south, wherein is the long land of Mr. Jetherell : betwene Witchara Comon in part south; the Lode ne.xt Biall Fenn north; and the waie to the Fen Gate east - 127 1 20 The same towne, a parcell of comon ad- ioyning more south : by the former severalls north ; Mepale severalls west ; the high ground south ; and the Fengate way east 52 1 20 The same towne, and Covenie and Wain- worth, a comon fien called Hales adioyning more cast: by Witeham severalls and fl'eilds west and south ; a gravell way and higji Witeham. Covenyc. Note, that Mann is in Co- venyc piirish, and Miuiii grounds arc set down foil, [•207J. 192 APPENDIX. grounds of Covenie east ; and Covenie severalls and the Lode north - - 545 Covenie, certen severalls there adioyning more north : by the Lode north ; the high grounds of Covenie, Wardy Hill, and Hales aforesaid south; and the said Hales vilest 150 2 Coveny Dames. Covenie, certen severalls on the other side of the Lode, called Covenie dames : betwene Biall Fen on the west and north, and the Lode south and east. Wherein John Davy hath a tenement, with a pightle and a close by the said ffen west; and the Lode south 14 1 20 Thomas Whin, jun. a close at the north end of the former: by the said ffen west - 13 S Heirs of Thomas Watson, a close at the north end of the former : by. the Biall Fen west and north - - - 15 3 John Watson, a close adioyning more east: by Biall Fen north - - 12 William Smith, at the south end of the former_, a close devided into two parts : by Joane Pope east ; stopping south with a gorie point upon hir ground - - 12 20 Joane Pope, a long close in three parts adioyning more east : butting south upon the Lode; north upon the ffen - - 43 John Fordham, a long close adioyning more east : and butting north and south as the former - - - - 70 1 Richard Goodday, a long close adioyning more east : and butting north and south as the former - - - - 67 3 20 Thomas Smith, a short close adioyning more east : butting south upon the lode ; north upon the former close - - 13 1 APPENDIX. John Smith, the like short close adioyn- ing more east : and butting south upon the said lode - - - - 13 Thomas Winter, a long close adioj^ning more east : butting south upon the lode ; north upon the ffen - - - 67 Mr. Sharpe, a long close adioyning more east: butting north and south as the former 74 Robert Mathews, a long close adioyning more east : butting north and south as the former - - - - 80 1 Humberston March, Esq. a close adioyn- ing more east : by the Droveway in part east; butting north and south as before - 72 2 Mr. Sharpe, two litle closes adioyning more east, lying together in forme of a tri- angle : by the fiea north ; and the Droveway on the south-east - - - 18 The same manor, two closes and three pightles lying together there more south : betwene the said Droveway on the west and north; Peter Andrewes ground east; the lode and a holt of Mr. William Marches south - - - - 65 1 Mr. William March, a litle holt adioyn- ing more south : by the lode south and , west; and Peter Andrews ground east - 3 i Peter Andrews, a long close adioyning more east, in five p'cells : by the two former west; butting north upon the Droveway; south upon the lode - - - 55 3 I Robert Mathews, a close adioyning more east, shorter north ; butting there upon John Mathews; south upon the lode - 25 The same Robert, another close adioyn- y 193 194 APPENDIX. Hitberto Co- Teny Dam'cs. Witchforde. Grunte Fen, ing more east: by Biallfien east; bulling north and soulli as the former - - 10 O John Mathewes, a close at ihc north end of the two former : by Biallffen east; but- ting north upon the Droveway - - 29 1 O Wilham March, Esq. a severall called the Ilallgroundc, more south : by the lode west; the comon fiennes north and east; and other severalls south - - 103 O O Some other severalls adioyning more south ; by the high ground at Coveny Church west ; the comon ffen east ; and a Droveway south - - - 2G 1 20- Other severalls adioyning more south : by the said Droveway north ; the high grounds of Covenie west ; and the comon ffen south and east - - - 67 O Coveny towne, and Witchford and Win- worth, a comon ffen adioyning more south and west : betwene Ashmore east ; Dounhani Fen north ; the high grounds south ; and the gravel waye in part west Witchford, a comon ffen there more east, called Ashmore : by the former west ; Doun- ham Fenn north j and the high grounds south and east _ „ _ The same towne, a parcell of comon more south at the bridge: betwene the high grounds south-west and north ; and the lode coming under the bridge east The same towne, together with six more, viz. Elie Wentworth, Haddenham, Wilber- ton, Strettham and Thetford, an inter- comon called Gruntes Fen, lying there more south from Witchford Bridge ; be- , twene the high grounds on every side - 1280 1254 2 Qi 44 i 25 a O APPENDIX. J 95 l3oanhain towne, a comon ffen more Dounham. north : betwene Coveny Fen and Ashmore south; the fFeilds and high grounds on the east and north ; and extending west with a narrow end to Dounham hyeth - - 978 The same towne, a parcell of comon more north : by the New Lode next to West- more north ; the higli ground south and west ; and Dounham Parke corner east - 44 A several! there more north, beyond the ilode: by the said lode south j on Willow- lode west ; and Westmore north - -810 Another severall there adioyning more west, with a tenement upon it: by the said lode south ; and Westmore north and east - 3 1 '20 The Bisshop of Elie a several! more east called the Frith: by the lode at Dounham Parke side south ; and Westmore on the east, west, and nortli - - 345 The same Bisshop twoe parcells of wet ground within the said Parke, more south : jy the said lode north ; whereof the peece nore west contains - - 15 The other more east contains - 33 The Earle of Suff., a ffen in Chartresse, Ohnrtresse. ailed Hony Fen : by Block Fen- in Do- lington north; and ihe liigli ground in lony Fen soutli ; and Bial! Fen east Chartresse towne, a comon ffen adioyn- ig more south, called Longwood : betwene )iall Fen east; and tlic high grounds of .ongwood west _ - - 1845 l| Mr. Betts, a severall il'cn, called Sedge en adioyning more south : by Witchni lead lands cast; and Sutton Sedge Fen )uth o2 '215 O 350 O W" 106 APPENDIX. Chaitresse lovvne, a coinon ffen, called Whinny Feii, adioyning more west : by Langwood east j and the high ground north 788 I O The same townc, a comon iVcn adioyning more south, called Horslode Fen : by Cap- lode west J and Sutton Fennes south and east - - - - 786 O The same towne, a comon ffen adioyning more west: by Caplode east; the high grounds at the Fery-house north ; the West Water and certen severalls west ; and Sut- ton Middle south, with a gory point at that end - - - - 204 1 O A severall there adioyning more west; by the former north ; Sutton Middle east ; and Mr. Wendees Hollwood south - - 80 Diverse other small severalls there ad- ioyning : by the twoe former east ; Mr. Wendees grounds south ; and the West Water west and north - - 408 Chartresse towne, a comon ffen more north : by the WesEwater south and west ; the Leame east ; and Westmore Mowfen north - - - - 126 2 The same towne, a comon ffen more east ; by the high grounds east and south; and the Leame west - - - 153 3 Ol The same towne, a small comon there adioyning more north : by the Leame west ; and the lodes neare the dwelling-howses on the south and east; with gory points both at the north and south ends - - 8 The same towne, a comon ffen adioyning more west, called Westmore Mowffen : bj' the Leame cast ; a severall of Mr. Betts west : and Westmore Feedffen north - 342 1 APPENDIX. Mr. Belts, a long narrow several! adioyn- ing more west : betwene the former ffea east ; and the West Water west - - 30 Thomas Times, a litle severall more north (being a three-cornered pece) : betwene West Water west ; and Westmore Feed- ffen east ; with a gory point at the south end - - - - 9 1 The Lady Peyton, a severall adioyning more north : and bounded east and west as the former - - - - 12 2 A several adiovninor more north : buttins; east upon another severall ; west with a narrow point upon the Westwater - 4 2 A triangled severall at the east end of the two former : by Westmore Feed Fen east 8 A severall adioyning more north : by the two former south ; butting west upon the West Water; east upon Westmore aforesaid 10 3 20 Mr. BeltSj a severall adioyning more north : by the comon fFen called the Beze- lings north ; butting east and west as the former - - - - 27 2 Chartresse towne, a comon fFen adioyn- ing more east, called Westmore Feed Fen : by Beezelings north, and in part west ; the Leamc in part, and the high ground in part cast - - - - 75G The same towne, a small parcell of comon adioyning more east: betwene the high ground east, and the Leame west; stopping north upon the said Leame, with a narrowc point toward the bridge at the townesend 12 2 h The same towne, a comon ffen more north ; betwene the long narrow inclosed I feild west; Beezelings north; the Oldea 107 198 APTENDIX. next Dodingtoii giounds norlh-east; and the Leame south-east - - - 893 00 The same towne, a large comon fFenii ad- ioyning more soutli: by the Leame and the Park ffrith of Dodington north: Dallode and Honyfen east; and the high ground of Langward and of Chartresse Feihl south and west - - - - 2610 O Dodington. Dodington towne, a eomon ffen, called BlockfFcn : by Hony Fen and Biall Fen south ; butting west upon the ffrith - 630 O Sir J. Peiton, a severall fien called the Friih, at the west end of the former: by the Leame next the Parke west - -5110 Idem, a iTenu adioyning more east, called Stony Fen : by Block Fen south; and Ma- nea grounds east - - - 3120 Heire of Sir Richard Cox, a three square peece, late parcel of Stonyften: on the east side of the said ffen, by Manea Dammes east 100 Dodington towne, a comon ffen called Wimbleton Sedgeffen : by Stony fen south, aud the Leame west _ - . ii40 O O The same, a narrow ffen more west : be- twene the Leame east, and Wimbleton high grounds west ; extending south neare to the Parke side - - - 77 O The same towne, the comon fFenns called Horsmore, Litle Binnymore, Graceflen, and Chafferfen, lying together : by tbe former Sedoefen and Stonie south : the Leame west, and Upwell Fennes east - - 2900 O The same towne, a comon ffen adioyn- ing more north, called Great Binnymore : by Reades Fen, and the river of Neane north ; and the Leame west - - 854 The heire of Mr. Davye, a severall ffcu APPBNDIX, called Readsffen : by the river north; and the former flen east, west, and south - 120 Dodington towne, a comon flen more west called Stowfen, and the : by the Leame east ; and VVimbleton high grounds south - _ _ . lo63 o The same towne, a comon fFen more to the south-east, called East Hall More : by the Great Parke in Dodington east ; and Chattresse ground south - - 106 O The same towne, a comon fFen adioyning more west, called Underbill : by Bezelings Lode on the north-west -, and the Old Ea on the south - - - - 100 The same towne, a comon fFen more east, called Aukeny More: by Bezeling Lode south; and Dikeamore west - - 315 O The same towne, a comon fFenn adio^ming more south, called Bezelings: betwene Chat- tresse fennes east ; the Westwater west and south ; and Bezelings Lode north - 1289 The same towne, a great comon turfFen, called Pullverton : by the Westwater east ; Ramsey ground at Bennets Crosse, called Billingfiens south ; and other fFennes of Ramsea west ; the River Neane, and diversse severalls of Benwick north : within this ground is Benwick mear - - 1B95 Mr. Betts, a severall cotagc and yard there, called Pulner Cot : by the West- water east ; and the former fFen south, west, and north - - - 1 Three litle severalls there more north, at the Mearmoulh : Basnolclofts : wherof the first by the Mearmouth and Meare west and south ; and the former flen east ; and the Westwater north contains - -420 J99 200 APPENDIX. The second, more west, belwene the two mouths of the Mear - - - 1 The third, more west; by the Mearmouth and Mear east and south ; and the said fFen south and west - - - 5 Cerlen severall tenements and yards at Benwick more north : by the Westwater east; and the river Neane north; and the said fFen in part south and west - - 14 2 20 Mr. Balham, a severall ground adioyning more west : by the river north ; and a parcell of" comon ground west - -600 Heir of Lancelot Flower, a severall ad- ioyning more south, called Wedges : by the ifen west j and the said parcell of comon north - - - - 50 Mr. Balham, a severall close adioyning more south: butting west upon the said fena 18 2 Idem, another severall close adioyning more south : by the said ffen west and south 16 O Other severall tenements there more north; by the river Neane on the south and east j and the comon ffen called the Middle on the north and west - - - 11 3 20 Dodington towne, a comon fFen adioyning more north, called the Middle : by the former tenements and river south and west; and Whites Fen east - - - 20? A severall there more west, called Pagdole: by the former fFen north and east ; and the river south - - - 11 2 O Dodington, a parcell of comon fFen there more west, called Hartings : by the twoe former peeces east ; the river south, and Wittlesea grounds west - - 57 Heire of Mr. Cooke, a close more norths APPENDIX. 201 called Brownes Fenn : by the former and Middle Fen south, and Wittlesea ground west - - - - 75 8 Heire of Mr. Trece, late Olivers, a close adiojning more east : by the Middle south ; and Whites Fen north and east - - 96 2 Mr. Moundford, a fFen adioyning more to the north-east, called Whites Fen : bv Gas- more in Wittlesea north ; and Bisshops Dike east „ - _ 455 Sir John Paton, a severall ffen adioyning more east, called Great Bradnymore : by Wittlesea Dike north ; and the river of Neane south and east _ _ > 620 Dodington, a great comon fFen there more south, called Dicksmore, alias the Smeeth : betwene the river and some small severalls west ; the same river and Coppalderbank north ', Ankuymore east ; and Bezelings Lode south _ _ _ 1433 O Keinolds, a severall there called Warner- hill : by the said Lode of Bezelings south ; butting east upon the former fFen j west upon the river - - - - 10 2 20 Rectory of Dodington, a severall adioyn- ing more north: bounded east and west as the former - - - - 3 Mr. Balam, a severall adioyning more north: by the comon fenn north ; and bound- ed east and west as the former - - 6 A litle severall more north, called the Manger : by the river west ; and the said comon fenn south, east, and north - 2 Ccrtcn severall tenements and yards more north, at Bcnwick : by the said river west; and the said comon fen south and east - 8 5 202 APPENDIX. A litle triangled sever.ill adioyning more north : by the river ol'Neane north ; and the said conion fenn on the west, and in part south - - - -400 Heire of Lancelot Flower, a severall close there more east, called Lillyholt : by the river of Neane north ; and the foresaid comon ffen called Dicksmore on the east, west, and south - - - 18 Dodington, a great ffen more to the north- east, called Ransonmore and Borowmore: by the river of Neane north and west ; Cop- palderbank south. This was all comon ; but now of late Sir J. Peiton hath imbanked in severalty a great part of Ransonmore, next Coppalderbank, to the quantity of 3020 acres ; and the residue remains still comon. The whole contains - - 4520 There is a severall on the west side of this fen, called Wisamouth : by the river south and west, and the fenn north and east - 19 Heire of Sir William Hinde, another se- verall there more to the north-east, called Little Bradnymore; by the river west, and the ffen on all other parts - - 1 10 3 20 Dodington, a comon ffen more east, being a part of Ransonmore : by the ffeildike on the north ; and the ffeilds of Dodington and oilier high grounds on the south and east. It extended west to the upper end of Coppal- derbank - - - . (jQO Q Q The same towne, another comon ffen more west, called Westfenn, beyond GreatCrosse: by the river of Neane and Plantinwater ia part east and south ; and Sternea north ; and VVitllesea grounds west - - 3440 APPENDIX. 203 A severall called Drabble*s Yard, at VVit- llesea Dikcsend : by VVestfenn east, and west, and north - . - 3 3 Ceiten severalls there more north, called Netherholts': betwene Plantinwater south and east ; and Westfenn north and west - 148 A litle severall there more north, called Ncwcot : by Plantinwater south and east; Sternea north ; and Westfenn west - 3 DodingtoUj'^a comon ffen adioyning more east, called Whitemore, Westregrene, Mar- gery W uses Greene, and Norwald Greene: betwene Hobbes river east ; Norwald seve- ralls' and Plantinwater north: Plantinwater west ; Edeneacroftes and other severalls south - - - - 20iO Certeu severalls there called Norwald fFennes, lying north and south : betwene Norwald Calcy east; and Whetmore west; butting north upon Hobbs river - 223 Certen other severalls at the south ends of the former, lying north and south : betwene Cranford Crofts west, and the corn on fenn east and south _ _ _ 154 o Certen other severalls, called Granford Crofts, at the west side of the former, lying east and west : by Whitemore on the north, west, and south - - - 40 O Another severall there, by the two former fi'urlongs on the north and west; and the cotnon ffctm on the south and east - 33 O A several there more south, called Westre- close : compassed round about with the comon ffen, called in that place VVcstrc Greene - - - 17 2 Other severalls tlicre more south, called 20-i API>END1X. Fen Howes, lying east and west; betwene a coinon diainc south ; and the conion ffen east, west, and north - - 61 Other fl'ennes there more west, called Edeneacrofts : lying north and south, be- twene the comon ffenn east, and Plantin water west; butting north and south upon the comon ffennes - - - 98 Dodington, a comon ffen adioyning more south, by the river Neane, from Great Crosse towards March south ; a lode or draine and Plantin water west - - - 552 O The saa)e towne, a litle three square peece of comon adioyning more east : by the river of Neane south ; and the draines north and east. This is called the Comon Middle 11 The same towne, a parcell of comon ffenn called Peashill Greene there adioyning more north : by a draine west, and in parte north and east j and diverse severalls south - 41 The same towne, another comon ff"en at March Bridge, called the Sumps : betwene the high waie at the bridge east ; the river in part north ; and diverse severalls on the west and south - - - 144 Certen severalls there called the Holtes, lying north and south : betwene the former common south and east; Bordsmore west ; and the river north - - - l6 O Thomas Shepperd, a severall croft there more south : by the saidSumpes north, east, and south ; and Bordsmore west - 30 Heire of Doctor Ward, a litle croft there more east, called Smiths Croft : compassed about with the Sumps on all parts - 10 The Rectorie, a litle croft there more east APPENDIX. 206 neare to the high way, with a tenement upon it, and compassed about with the Sumps as the former - - - 1 2 Diverse several! tenements and yards more east : betvvene the river at March Bridge north; the high way west; a drove into Stowflen south; and Stowffen east - 28 Other severall tenements and holts more east : by the river and sewer north and west; a comon drove east, and Stowffen south - 11 2 Other severall yards more east : betwene two comon droves east and west ; the river north, and the said ffen south - - 4 Other severalls more east, called Bagenie: by the said comon ffen south, east, and north; and the broad sewer west - - 10 Another severall more south, called Dear- feild : by the said comon ffen on everie side 6 Another severall more to the north-east : compassed about with the said comon ffen as the former - - - 8 Dodington, a comon ffen there more north, called Creekshyrne: by Hobbes River north; the river of Neane east and south, and Townesend Dike west - - 158 O The same towne, another comon ffenne adioyning more west, called Powteshyrme: by Townesend' Dike east, and the severall inclosed crofts south and west - - 14(1 The same towne, another comon ffen called the Lowe : by Hobbes River west and south, and the severalls called Moundfords Landeseast; and other severalls north - 154 The same towne, another comon ffen more cast: by the river of Neane south; Elme Leame cast; Elme Fen north; Moundfords 206 APPENDIX. Landes and Waldersea Bank west. This ffen is called Creckliyniic - - 462 O Ceiten scvcrall grounds adioN'ninjT more west, called Moundford's Lands, lying east and west : betwene the former iVenn east; the Low west ; Hobbes river south ; and other severalls north - . - 89 'J O Other severalls there more north, lying north and south : belvvene CreekeHen east, and ISorwald Caley west; butting south upon the former severalls and the Lowe ; north upon Waldersea Bank - - 208 Manea. Freeman of Manea, a parcell of pas- lure inclosed : by Westmore and ]>ialfFcn south and in part west; and the high grounds north - - - > 17 'i O Manea, a parcell of feild meadow ad- ioyning more west : at the skirt of Manea Feild: by Biallffen south, and Stonieffen on the north and west - - - 30 Wreght of Manea, a parcell of pasture inclosed, at the north-east corner of the former : by the high ground south ; and Manea £a west - - - 4 3 Robert Neale, four closes adioyning to- gether more north : by Manea Dames north; Lutting west upon the said Ea, next Stonie- ffen - - - - 29 1 a Idem. Two closes adioyning more east : betwene high ground south, and the said Dames north - - - 25 1 Sexten, a pightle adjoining more east: shorter north; by a pece of comon on the east side and the north end - - 5 Manea hamlet, a parcell of comon ad- ioyning more east ; by the Lode east ; ex- APPENDIX. 207 tending north lo the coiner of Manea Dames - _ - . Bird of Manea, two parcells inclosed at the south-east end of the former; by the high ground south; and the Lode east Manea hainlet, a ffen there more north, called the Dames : betwene Dodington grounds west; Westmore east; and the former severalls of Robert Neales south Ehne Towne hath a comon (Ten lying be- twene Elme Learae on the east ; Creekffen in Dodington south ; and Coldhaui ffen west and north - - - - Wisbech Towne, a comon ffen at Guy- hyrne: by Plantinwater on the south and east; and a new cut tVoai Nesvcolt to Guy- hirne on the north-west The same towne, another comon ffen on the other side of that new cut: by the Leame, from Stranground north ; and Wit- tlesea ground west ; and Sternea in part south; extending east with a gory point to Guyhirne - - - - The same towne, another comon called the Highffen ; by the river from Cloughcrosse to Guyhirne on the east; the Leame south; Knardike west; and the Wride north The same towne, another comon ffen adioyning more north : by the said river east; the Wride south; Sutton ffen west; Throcknoll and Crowland river north A severall ffen at Cloughs Crosse, called Throcknoll: by the river of Crowland north and east; and the former ffen Wisbech south and west - - - - Sutton towne, in Holland, a comon ffenn: 4 '2 1 689 Note that Ma- nea is of Co- venie parish : so these are to be added to Co- venie, fo.[191.] Elme. 700 390 O Wisbech. 490 4532 1540 O C24 Throcknoll. Sutton. 208 APPENDIX. Tlioinca. Crowland. Peterborow. lying betvven Golddike west ; the Wride or Barslreaine ; Wisbech Fenn east ; and Cronhind River and Banke north - 880 The EarleofBedford; all Thorneaffennes, being devided into diverse parcells, but lying altogether betwenc Crowlaud River north; Golddike and Knardike east; Wit- tlcsea ground south, and Cattleswaier west, and contains - - - . 16069 Crowland Tovvne, a comon ffen on the south side of the tovvne at Goodlucks Crosse : > betwene the river from Deeping to Crow- land, and the yards of diverse tenements in Crowland on the north : the river from Crow- land to Cloughs Crosse in part and Cattes- water in part east j Peterborough Fennes south and west - - - 12CS The same tovvne, a narrow ffenn more north : betwene Welland on the east ; and Deeping Fen Bank west ; the Ferry south ; and extending north with a gory point to Whitehouse - - - 515 The same tovvne, a narrower ffen more west at the Ferry ; betwene the said river from Deeping south, and Deeping Bank to Crowland Fery north ; butting west upon Deeping ground at the Crosse in Ea - 217 Peterborow, a ffen near Crowland called the Four Hundred Acres, betwene Crowland Fen north and Borow Great Fen west and south : butting east with a narrow end upon Catteswater at Finfit Crosse - - 858 The same tovvne, a ffen adioyning more south, called Borow Great Fen : betwene the former, and the bank and river from thence to Walciram Ilall north; several] APPENDIX. 209 grounds of Peakirk and Ganton wcbt; Nor- thani bank and diverse severalls and hisrh grounds south ; Northam and Singlesole grounds, and part of Catteswater al Finet Crosse east - _ . 0948 O A ferm house called Singlepole, ' with severall grounds adioyning : betvvene the former ffen west and north ; Catteswater east; and Northam grounds south - 184 2 A severall belonging to Northam fferrae adioyning more south': by the said Great Fen west; Catteswater east, and Northam Lode south - - - 116 Three litle severalls belonging to Northam lying together: betwene the dike coming from Singlepole west ; Northam Lode north ; and Catteswater east - - 14 1 Another parcell of the severalls of Northam adioyning, more west: by the said dike east; Northam Lode north ; and the close called Cranmore west - - - 27 Another parcell of those severalls more south, lying in length by Cranmore west, with a gory point at the south end: by the high grounds north, east, and south 44 Another severall of Northam, inclosed in two parts, and adioyning, more west, called f 40 Cranmore, neare to the iierm house: by the |^ "^"""^ ^ ^ ^' t_wo former east ; the high ground south ("46 and west ; and the said lode north - \ ^ ^°^^ ^ ^ A litle severall more east: by one of the foresaid three litle severalls on the north; Catteswater east, and the high ground west .3 2 20 Another parcell of a seveiall inclosed ad- ioyning more south ; bounded cast and west as the former - - \() 2 o 2J0 APPENUIX. Another broad severall adioyning more south, and bounded east and west as the former - - - - 36 A litle narrow severall adioyning more south, and bounded east and west as the former - - - - 2 3 Another litle narrow severall adioyning more south, and bounded east and west as before - - - - 2 3 Another litle severall adioyning more south : bounded east and west as before - 10 A severall adioyning more east, by Cattes- water east - - - - 28 2 Twoe parcells of wet ground on the north, west of the former - - - 4 3 A parcell of wet ground more south : by the south-west part of the severall - 9 A severall adioyning more south : by Catswater east and south - - 26 2 A parcell at Barbridge, by the former and Catswater east = - - 21 2 A severall more south at Thornea Crosse : between Catswater and the high ground - 2110 /'49 2 by the Three severalls belonging to Oxny house, j 9° 3^0 by the Ij'ing together by the Ingin bank - J ,0°^°; C third. Two parcells of ground more west, rieare the house - - - - 12 A pece of Oxnea ground more north, at the Ingin - - - - 15 A three square severall beyond Oxnea : by Borow litle ff'en south, and a lane leading to Eycrly comon west - - 7 3 A severall more north, betwene the lane west and high ground east r - 20 APPENDIX. 211 A severall more west: by the lane east, and high ground west - - 21 1 Acoaion more north, called High Eggerby comon : betwene the high ground east, south, and west _ _ _ 203 3 O A three square severall of Ibery more east: by the high ground east; the comon south and north-west - - - 12 A parcell at the north end of the former : by the high ground east, and the comon west - - - - 3 Certen small severalls of £y lying toge- ther : by the said comon south and west, and the high ground north and east - 14 Certen other small severalls of Ey more north beyond the street and chappell : be- twene the end of the common that leadeth from Ey to Northam on the east j and Ey Lodes end on the west; butting north upon the lode - - - - 9 Thre other severalls of Ey adioyning more north : betwene the lodes east and west; and butting north and south upon those loades ; whereof that on the west con- tains _ _ _ _ That in the middle contains That on the east contains Peterborow, a comon fFen more south, called Borowe Litle Fen : betwene Oxny Lode and Oxny grounds north ; the high grounds west ; and the river called Muscot Water east and south - - 888 The Countisse of Westmorland, a severall neare Peterborow bridge : by the river Neane on the south-west; Muscot water north ; an p2 9 4 1 4 Borowffeu P'va. laStangrounde. 212 APPENDfX. InWittlcsca. Bradby Fen. Northea. old lode against Stanground Church east ; and a new cutt south - - -5100 The same Counlisse, other grounds ad- ioining more east: by the said lode west; Muscot water north ; Norlhca in Wittlesea east; and the new cutt south - - 360 2 O The same Countisse, alillc triangled pcece more west : by the foresaid old lode east ; the new cutt north; and the river Neane on the south-west - - - 5 I G The same Countisse, other ground adioyn- ing more east : by the new cutt north ; the said lode and river west; and the Icame south, with a gory point at the east end - 208 2 O The same Countisse, another triangle pece adioyning more south : by the Leame north; a row of trees with a doobble ditch east; and the river Neane on the south- west - - - - 17 2 The same Countisse, other grounds ad- ioyning more east : by the Leame on the north; Bradley Fen east; the Musts in Wittlesea on the south-east; and the Neane on the south-west _ _ - Sir Will'ui Dove, a fl'en adioyning more eastj called Bradby Fen : by the Musis afore- said south; the Leame north; and Wittle- sea grounds east . _ _ The tov/ne of Wittlesea hath a mowften there more north, called Northea : betwene Muscot water and Stanground ground west; the Leame south; North Fen and the Priors Fennes east ; and Thornea dike at Thornea Crosse north - - 550 O In this the Earlc of Bedford hath a dole of fifteen acres on the north side : by Thornea 397 85 O APPENDIX. 213 dike north, and Willow hall east. Stan- g'Tound men have a p'te on the west side over against the Willow Row, a furlong deep into the ffen, containing 120 acres. The tenants of Wittlesea have all the west copie. And the whole ground, after the swap is had of is comon to the towne of Wittlesea only. The new cutt crosselh over this fFen neare to the south end. Twoe severall parcells of ground there more east, in Northmore, neare Bites Lake. They are bounded at both ends with dole \ 1 1 S 20 Ifenns : and ly betwene Northmore both on/ . axc J accounted 16 ac. the east and west, butting north upon the more ; and extends south somewhat beyond the Leame. That over the west is -) The other on the east is C 21 3 20 ^accounted 32 a. The new cutt crosseth over the middesl of these pceces. The towne of W'^ittlesea, a common ffen adioyning more north and east, called Northmore : betwene Northea west, Priours Fennes north ; Basuymore east ; and the Leame south. It is devided by the new cutt into two parts, whereof the north part contains - - _ . The south part contains A messuage with some severall grounds adioyning more north, called Willowhall (being part of the grounds called the Priours Fennes) : by the former ffen south ; Northea west ; Thornea dike east, and other groundes of the Priours cast Another severall (part of the said Priours) Nortlimore. This 1000 acres is now allowed to the tenants in se- verall. 700 300 Willowhall. Prior's fennes. - 310 3 20 214 APPENDIX. Basinmore. The Middle. Aldcrholt. adioyning more east: by Northmore on the south - _ - _ Another litle several! (part also of Pri- ours) adioyning more east: butting south upon Northmore . . _ Another severall (part also of Priours) be- tween the two former south, and Thornea dike north - - - Another severall (the residue of Priours) : by the two former west; butting south upon Northmore; north upon Thornea dike The Lords of the Manor of Wittlesea, a severall ffen adioyning more east, called Basuymore: betwene the former severall and Northmore on the west, and Knardike on the east; Thornea dike north, and the Leame south. This ffen is devided into four parts ; and the new cutt runneth through all those parts. The first part next North- more _ - - , The second part, more east The third part, more east The fourth part, more east, next Knardike The towne of Wittlesea, a comon pasture called the Middle : betwene the Leame north, and Southlake alias Sternea south ; the Fery- dike in part west; and Wisbich Fen east - The Lords, a severall adioyning more west, called Alderholt : by the former east and north; and Southlake south Wittlesea towne, a comon adioyning more west: betwene Eastree lake on both sides of Lipnea gravell, and the said gravell south : the ffery house, and the high grounds and feilds of Eastree north ; and the tenants in- 239 39 O O - 298 O 134 O 779 776 8o6 8G4 700 9 APPENDIX. 216 closed holts on the west ; the east part hereof being called the South Pingles - 147 The tenants have seven severall holts lying together and adioyning more west, and two single holts beyond them. They all but south upon Eastree lake, and north upon Eastree feild - - - 4 The towne of Wittlesea, two parcelis of comon : betwene the seven holts on the east, and the ninth holt on the west; Eastree lake south ; and the ffeild north - - 4 The same towne, a comon adioyning more west Fenlotts, extending by Eastree lake and Wittlesea dike on the south to Turning tree gravell : by Eastree feild, and the last of the foresaid holts east ; Latterfal feild and other severalls on the north and west - 131 Roger Wiseman, a litle holt inclosed, called Freman's Acre, neare to the south- east corner of the severall called Fenlot setts, and compassed round about with the former common - - *> 2 A severall inclosed called Fenlot sett : by the foresaid comon on the east and south, and in part west, and Graies Close north; hereof Mr. George Glapthorne a third part, and the Rectory of Saint Mar}'^ twoe thirds 42 A close of wood and pasture adioyning more north, called Graies Close : by the comon half acre north, and the Lords De- means west. This belongs to four tenants 19 A parcell of ground at the east end of the former: by the inclosed holts east, and the comon half acre north - - 3 3 The tenants, severall small severall holts Ffenlottes. Freman's Acre. Fcnlotset. Graie's Close. 216 APPENDIX. Comou Half Acre. Eastre Holtes. Lordcs Grasse. Minnycroft WeU. adioyning more east : by the comori lane east, and the eomon half aere north - 1 1 20 Wittlesea towne, a long narrow parcell adioyning more north, called tlie Comon Half Acre: by Graics Close in part south; butting east upon the lane - - 1 1 10 The tenants, eleven severall holts ad- ioyning more north : by Eastree Calcy north, and the said lane east - - 4 '20 Witllesea towne, a parcell of fFeilds comon more north and cast : by the De- means called Feldale north and west; and Eastree feild south, and in parte east - 19 1 Wittlesea, a small square parcell of comon : by the end of the comon half acre and the holts east; Graies close south; and the Calcy north - - - 2 20 The Lordes, a close more south : betwene Graies Close on the east, and the ffeiid on the west, containing six acres, whereof the east part is wet ground - - 3 The Lords, another close adio^'ning more south: betwene the ffeild in part north and south, butting west upon the ffeild, east upon Fenlot setts; it contains 12 acres, whereof is wet ground - - 8 2 Wittlesea, a parcell of comon more west at Minnycroft Well : betwene Turning tree gravell and Wittlesea dike on the south and west; and the ffeilds and high grounds on the east and north. It is ffeild comon - 44 3 The tenants have six severall tenements and holts more west beyond Berystred Close : by A\' ittlesea dike east ; the streets at the bridge north and west ; and the ffen south ; APPENDIX. 217 2 1 20 50 1 1 3 they contain 3 ac. 2 r. dim. whereof the greater part welt - - - 1 3 2o The tenants have there more west five other tenements and holts, by the streets east and north, and the ften south. They contain 4 ac. 1 r. dim. whereof the greater part wett - - _ _ The Lords, a pece of ground inclosed on the south side of Wittlesea dike over against the Berysted : betwene the comon ffen on the east, south, and west The same Lords, a parcell of ground left out at the north end of the said close : be- twene the close and Wittlesea dyke The heire of Robert Beale holds by copie certen inclosed grounds of pasture and wood at Kingsdelf gravell, called Carters Doles : compassed about with the comon ifen on every side - - - - 55 Wittlesea, a peece of ffeild comon more to the north-west, called Lodehyrne : by Kingsdelf gravell east ; Church ffeild north ; the way at Feildendbridge west ; and Wit- tlesea dike south - - - 73 2 The same towne, another peece of ffeild comon there more cast: by the said gravell west; Church feild north; VV^ittlesea dike south ; and it extends east betwene the dike and Mr. Glapthornes inclosures to Long Gravell - - - - 74 Mr. George Glapthorne, three closes called Longsneut and Hollcroft Closes : by the said comon souih and west; Church ffeild and other inclosures north ; and Long gravell east; containing 20 acres Dim. whereof in wet ground - - 8 3 Carter's Doles, Lodeyrne. Longsneut. HelcroltClo8ci. 218 APPENDIX. Ffuntams. The Musts. Wittlesea Tovvne, a parcell of ground more to the norlh-west : bv the Leame north, butting west upon Bradly ffen ; east upon Northea gravell. It is a part of Norlhea Doles - - - - 4 2 Rectorye of St. Maries, a severall ad- ioyningmore south, called the TytheGrasse: by BradbylTen west - - - 19 1 The tenants holde by copie a pcce ad- ioyning more south, called Ffenthams : by Bradby fFen and the Musts west ; it is comon with Church feild - - - 41 The Lords, a part of close there adioyn- ing more south : by the dry part thereof east, and the Musts west - - 2 3 The Lords, a part of another close ad- ioyning more south : by the waie at Ffeild End Bridge south, and the Musts west - 3 3 The Lords, certen grounds there adioyn- ing more west called the Musts : betwene Stangroun ground west ; Bradby ffen north ; the three former groundes east ; and Wittle- sea dike south. It is dcvided into fourteen closes : whereof four lying on the south side are called Blea Musts, and contain - 73 The other ten are called Rough Musts, and contain - - - lG4 3 35 Wittlesea towne, a parcell of ffeild comon more to the north east : betwene the Leame north and the ffeild south ; Northea gravell west ; and Stonehal gravell east - SO The same towne, another parcell of ffeild comon adioyning more east: betwene Stone- halfeild and the high ground south ; the Leame north ; Stonehal gravell west ; and the Delfdike east - - - QG a APPENDIX. 219 A severall tenement and holt on the west of Delfdike, called Goosewillowrow : com- passed with the foresaid comon on every side - - - - 1 2 15 Wittlesea, a pece of ffeild comon more east : betwene Delfdyke west and theSnowt east ; the Leame north ; and Bassenhallea feild south - - - 43 The Lords, a pece adioyning more east, called Bassenhallea Snout : by the high ground south and east, and the Leame north 62 2 The Lords, a great severall more east, called by the names of Feldale, Horscroft, and Lipnea Lowes : betwene the feild and feild comon on the west ; Eastree calcy and feild and feild comon and Lipnea Hards south ; the fferydike at Preisthouse east ; the hards of Lipnea holt and the Leame north. The tenants have within this peece 2 acres ... - 630 The Lordes, a pece adioj'ning more north, being parcell of Lipnea holt : betwene the Hards of the holt south ; the Leame north ; Horscroft bank west ; and a broad watering east - - - •*. 8 1 The Lords, another peece more east, par- cell of the said holt : betwene the Hards south ; the Leame north ; the fferrydike east ; and the said broad watering west - 59 A copyhold tenement and yard more south called Priests house : by the iferryditch north and west : cont. 2 acres, whereof in wet ground - - - 1 2 The Lords, a parcell adioyning more south and west : by the comon called South Pin- gles south - - - 1 2 20 Goosewillow Row. Bassenhallea. Feldale. Horsecroft. Lipnea Lowes. Priestshousc- 220 APPENDIX. 2 2 Hereof the tenants are al- lowed in seve- ralty 1823 acres Eastreffen. Westfen Close, in DoddinRton. Hereof the te- nants are al- lowed in sev'- ralty 34 Ki Jic. dim. Glasniore, Middlemore, Hegcrofts, the Erects, Tbick- fen. Horsea, in Stangronnd. 940 108 Milby, in Fas- sett. Tlie Lords, a })aicell more west in the close next to the flerry house : by the conion east; and llieir own groutid south, west, and north - _ - . VVitllesea towne, a great comon ffen, cal- led Eastree ften : by south lake and Eastree lake on the north and west: Wittlesea dike south ; West ffen close and Dodington gronndes cast _ - _ s636 The said towne, a parcell of coinon ffen adioyning more east : by West f^'en in Dod- ington east; butting south upon West fen close, north upon the Broads in Sternea - Sir Robert Bevills heire, a close called West Fen close, at the south ende of the former : by Dodington grounds east and south _ _ - _ Wittlesea towne, a great comon ffen there more to the south-west, called b}^ diverse names in diverse places : viz. Glasniore, Middlemore, Flegcrofts, the Brecks and Thick fen. It lieth betwene Wittlesea dike on the east and north ; Dodington grounds, the river Neame, and Ramsay grounds on the south ; and Delf dike, alias Swoords delf, on the west or south-west - 10526 O A severall of the ferme called Horsea, more west, neare to the fTerm house : by the comon ffen of Efasset south ; and Wit- tlesea ground east and Horsea high ground north _ - - _ The same fferme, another severall at the west end of the former : by the said comoa ffen south, and the river Neane up to Horsea bridge west - _ « A severall medow jjiore south called 80 14 1 APPENDIX. 221 Milby: by the river Neane north; and tlie said coinon ffen of Fasset south and east - 33 3 Another severall medow adioyning more west, called Newmedowe : by the said comon ffen south ; and the river north and west - - - - 43 3 A parcell of comon more north at Horsy- brig : by the river east; the roadway at the bridge south ; and the high ground north and west - - - - 1 1 A severall there more south, called Gre;it Laverock: betwene the hisjh "round west; the river south and east; and extending north with a gory point to Horsy bridge - 42 1 20 A severall adioyning more west, called Litle Laverock : by the high ground in part north ; and the river south - - 10 3 Fasset towne, a parcell of comon adioyn- ing more west: by the high ground north and west; the river and some severall yards of Ffasset east and south - - 70 The same towne, another narrow comon more south, beyond the said yards ; betwene the river east, and higii ground west; the said yards north, and Pocket Holme south 30 A severall close called Pockethulme ad- ioyning more south; by the river east, and the high ground west - - - 6 3 A narrow parcell of comon adioyning there more to the south-west: betwene the river on the south-east ; and the high ground on the north-west : it extendeth westward to Yaxly townes end - - 15 Yaxly towne, a litle triangled comon at the townesend, compassed about with the lodes, and a bridge over into it - (i 3 New Meadow in Fassett. This is the Erie of Westmor- laud's severall. Laveroch Mag' in Standground. Laverock P'va in Stanground. Fassett. This is the Com'on of Stanground. This is severall Fen of Fassett . Pocketholme. Yaxly. 222 APPBNDIX, A tenement and yard there adioyning more west : by the lode falling to Trindle meare on the south-west - - 4 2 Twoe severall holtcs more west, about the middle of the next tl'cn : by the said fi'en east, west, and south ; and butting north upon the yards ends : that on the east con- tains - - - -10 The other on the west contains - 12 Five small severall pightells more west in the next flfen : betweu the part on ditch east ; the fi'en south and west ; and the yards and high grounds north ; whereof the first being on the east contains The second more west contains The third more west contains The fourth more west contains The fifth by the ffen west contains Yaxly, a comon ffen adioyning more south : by another comon ffen east ; the high ground west ; and Stilton lode in part south - - - , 630 A several triangle close at the south-west corner of the former ffen : by Mr. Probyes ground south : wherein there is on the north part in wet ground - - - 2 3 And in the south-west corner in wet ground - - - - 2 2 The parcell of severall meadow ground adioyning more west, by the high grounds north, west, and south - - 9 1 20 Mr. Proby, a severall medow adioyning more south : by Stilton ffen in part south, butting east upon Stilton lode, west upon the high ground - - - 19 3 1 20 1 3 3 3 4 3 20 2 2 APPENDIX. 223 Twoe other short and severall severalls ] adioyning more south : by the former on the 1 S 25 north side and at the west end, and Stilton ) viz. rr 1 1-1 1 r^ 1 i 1 j 1 10 the east nen on the south side ; and btilton Jode at o 3 15 the west. the east end - - - J Yaxly, a comonften there more east: by the former comon ffen west ; Stilton lode south ; Trindle meare and Yaxlie lode east; and the yards of the tenements in Yaxlye north 630 Twoe severall parcells of ground more north-east : betwene Trindle meare west and Wittlesea meare east ; whereof that on the west contains - - - 5 The other more east contains - 15 G 20 Yaxly, another comon ffen there more north : betwene Trindle meare and Yaxlie lode west and Neane east, and Wittlesea meare south _ - . 630 A severall adioyning at the north corner of the former, at Rokes Home : b}^ the lode north and Neane east - - 39 2 rri n> I- c -xTfT 4. 1 1 I Conquest Dike. Ihe Countisse or Westmorland, certen * severalls there more east, on both sides of Conquest dike: by Neane north and west, and Wittlesea meare in part south - 479 Twoe litle severall pightle at the north ^ point of the former ground, at Fassetf .-. ^ bridge: by Neane west, and Fasset ffen /'o 3 20 south. , , \3 3 25 Durth. north and east - - - / The said Countisse, a close at the south end of the former ground: by Wittlesea meare south, and Fasset ffen north - 72 2 The said Countisse, another close adioyn- ing more east : by the said ffen north and east, and the niearc north - - 85 2 20 rusbcL Towue, a comon lieu adioyuing l-nssctt. 224 APPENDIX. Ramsce Upper Steddes. Neathersteds. Middlemore. Bagdole. Dauntre. more north and east : by the mearc and the new draiiie south ; Ilorsea ground, Fasset, Mowffen, and Delfdike north and east - - - . 2050 The same lownc, a part of the former ficn more south: belwene the said new draine north and Smaldike south; being cut of from the former bj- the said new draine - 138 The same towne, a mov.fl'en more north: by the former great ffen south and west ; and Delfdike on the north-east - - 538 1 A severall fferme more south, (within Ramsy bounds), called the Upper Steddes, with a tenement upon it : by Delfdike east; Smaldike north ; and Ramsy ffen west - 24 O O Another severall fferme there adioyning more south, with a tenement upon it, called the Neathersteds : by Delf dike east, and Ramsy ffen south and west - - 66 Ramsea, a great comon ffen there ad- ioyning : by the two former fermes and delf dike east: Neane and Ogmear south; Neane and the severalls called Bagdole and Dawntre west; and Smaldike north Certen severalls called Bagdole more west, at the south-east corner of Wittlesea meare : by the former fl'en east; Dawntree north ; and Neane south and west Three parcells of severall there adioyning more north, with a dwelling-house called Dawntree: bv Wittlesea meare west; the former comon ffen east; and Smaldike north - - - - 75 1 j\lr. Beale, a severall more north, with a stone crosse upon it: by Smaldyke south; 443 O 84 O APPENDIX. 225 Fasset ffen east; and the meare uorlh and west - - - - 12 Holme tovvne, a comon ffen, called Holme Fen. Holme Fen more south and west : by Wit- tlesea meare north ; Neane and Ugmeare east; Holm Lodes on the south and west - 2517 2 Another comon ffen more west at Holme tovvnes end : betwene Holme Lode and the high grounds south ; the high grounds also west; and Cawketdike in part north; and Wittlesea meare east - - _ 472 2 Certen severall pightles at the north-west corner of the former ffen : by the ffen south ; butting west upon the high ground. They are in number six, whereof the first next the ffen contains - The second . - _ The third _ _ - The fourth _ - - The fifth - - - - The sixt, next Cawket dike north A severall adioyning more east : by Caw- ket dike north - - - 5 2 30 Another adio^^ning more east : by the said dike north - - - 7 1 20 Another adioyning more east: by the said dike north - - - 8 2 20 Another adioyning more south : by the three former north, and the ffen south - 30 2 Another adioyning more east: by the said ffen south and east - - 15 1 Another severall adioyning more north: by Cawket dike north; butting east upon the ffenn - - - - 18 3 Stilton towne, a comon ffen adioyning Stilton. 2 20 2 20 2 20 2 20 2 20 2 20 226 APPENDIX. Munks. Conington. Sautrc. Walton. more north : by Stilton Lode north ; the high grounds west ; Cawket dike south, and Witllesea meare east - - - 472 2 A sevcrall ffen more south, called Munks : betwene Holme lode north ; Hignie grounds east ; and Conington grounds south and west 277 O Sir Thomas Cotton, certen severall grounds of Conington adioyning more east: by Conington lode north; the high grounds west; and a drove waie in his own ground south _ _ _ i(58 Idem, other grounds adioyning more south : by another drove in his own ground south, and the high ground west - 63 1 Idem, other grounds adioyning more south : by the high grounds and Munks lodes end south - - - 32 2 O Idem, other ground more south : by the high grounds north and west; and Sautre Fen south - - - - llG Idem, a ffen adioyning more east : by all his former grounds west; Munks north, and Hignoe grounds east - - - 435 2 O. Sautrie towne, a comon ffen adio3'ning more south: betwene llignie and Walton grounds east; the high groundes west and in part south - - -618 A three cornered severall of Sautree ad- ioyning more south : by the high grounds south and west - - -14 2 0. Another severall of Sautree adioyning more east: by the former ffenn north and west; the high ground south; and Hignee lodes end cast - - - 62 2 Mr. Marshall, a severall of Walton more APPENDIX. 2^ to the south-east: betwenethe high grounds west, south, and east - - - 55 1 20 Idem, another severall of Walton adioyn- ing more north: by Sautree ffen west; and Hignie grounds north, and in part east - 89 2 Hignie fFerme, a fen imbanked adioyning HigEic. more north : betwene Hignie house and high ground east and part south, and Hignie lode west - - - _ I99 The same fferme, other severalls adioyn- ing more north ; betwene the lode next Munkes on the west, and the lode next Ramsy ffen east; and Holme lode north - 360 The same fferme, other severalls adioyning more south : betwene the high ground west, and the lode next to Ramsy ground east 70 1 The same fferme, an aldercar adioyning more south : by the high ground south and west; and Ramsy ground east - - 20 1 The same fferme, a litle severall more south, at the corner of the Hards : by the Hards north and west; and Ramsy ffen south and e;ist - - - 3 2 Ramsy, a comon ffen (being a turfen) ad- Ramsye, ioyning more east : by Hignie grounds west ; the high grounds south; and Brickmeare Neane and Ugmeare north - - 1402 A litle severall at the south end of the former: by the ffen south and cast; and the high ground north and west - - 8 1 20 Ramsy, another comon turffen more east: by the former turffen west; and the liigh grounds south and east - - 838 2 20 A litle severall at the south-east corner of the former; by the high ground cast, west, and south - - - - 9 2 228 APPENDIX. Ramsy, another comon ffen more north : by the two former turfVennes on the south and west; and extends eastward neare to Ramsy towne, betvvene the high ground south and a lode north - - 1305 O O The same towne, another comon ffen ad- ioyning more north : by Ugmeare and the turffen west ; the same meare and Neane north; and Billode east - - 1139 2 O The same towne, another comon ffen three square adioyning more east : by Ramsy lode east ; Neane and Newdike north ; and Bil- lode on the south-west - - 191 2 The same towne, another comon ffen ad- ioyning more north : by Neane north and west ; and Ramsy lode east - - 55 2 20 Stockin. The same towne, another comon ffen more south, called Stockin : by Ramsy lode west ; the inclosures and high grounds south and east ; great Rayhill in part north - 284 O A small severall more east : by the former ffen west, and the high ground east; and the inclosed grounds north and south - 110 Another severall adioyning more north inclosed : by the ffen west ; and the inclosed high grounds north and east - - 6 2 Ramsy, other comon ffen ground more north at Rayhills : by Stockin, Rayhills and other ground south; Ramsy lode west; Neane north ; Bodsy hards and Bodsy lode easte - - - - 63 3 O Wigginmore. The same towne, a comon ffen called Wigginmore, adioyning more east : by Neane and Ramsy meare north ; the high grounds south; and Bodsy lode west, with a gorie point at the east end - - 107 1 APPEJJDIX. 229 The same towne, a comon ffen more north : fjy Neane south; the Delfdike west; Wit- tlesea ffen and Beaujjerlake north; and Ramsy meare east - - - Twoe severalls lying together more east : betwene Neane south, and Wittlesea ffennes east, west, and north ; whereof that on the west . _ - . The other more east Three other severalls there more south : by Neane north and west : Ramsy meare south ; and Ramsy ffenn east ; whereof the first, with a bank and broad ditch next the ffen The middlemost The outmost westward: by the meare south ; with a tenement upon it Ramsy, a part of a comon ffen called Wigginmore, more south : by Ramsy meare north ; the high grounds west ; Warkerklode east ; and Ramsy Parke north Sir Oliver Crumwell, a severall there ad- ioyning, called Abbot's Pingle: by the said lode west; the comon ffenn north and east; and the parke south - - _ Idem, the wet ground within his parke adioyning more south : by the comon ffen on the east, and in part south ; and the high grounds within the parke on the north and west, and in part likewise south Diverse severalls more south : betwene ihe park lane, in part north : Ramsy lodes on the west and south : and the comon ffen east - - - _ A ffen there more south, called Bcry mowffen : betwene the comon ffen of Ramsy 188 10 4 90 11 9 1 - 325 1 20 80 O 230 2 77 J 20 Bears. 20 20 Hilks. Wigrsfinmore. Sir Ol. Croai. well'si Sewer. Abbot's Pingle. Bcrymow ffen. 230 APPENDIX. cast and south ; high Northea and the lode west ^ - - - 135 3 O Ramsy, a litle ffen more vvesl, called high High Nortbea. Northea, a tiianglcd ground : by the former east; and the lodes north and south-west - 33 The same towne, a comon ffen adioyning more south : by Berry mowffen aforesaid east; a litle severall south; and the high ground west - - - 43 2 O A narrow severall adioyning more south : by the comon ffen south ; butting east upon the said comon ffen; west upon the high ground - - - -200 A litle parcell of severall there more north : betwene the former ffen north and east; and the high ground south and west o 3 Ramsy, a parcell of comon more north : betwene the comon ffen aforesaid south and east; and the high grounds west - 18 1 A severall inclosed there more north : by the former south and west; the lode against High Northea east - - - 4 2 A severall adioyning at the north-west corner of the former: by the lode west; and the load north - - - 3 1 Another severall pightle adioyning more south : by the said lode west ; and a tri- angled pightle south - - - 3 Another severall pightle adioyning more east : by the said triangle pightle west ; and a pightle of high ground east - - 3 £0 Two severalls about a mile farther south- ward, in the comon ffen of Ramsy : lying together betwene the said ffen on the north, east, and south, and the high ground west 22 1 O] APPKNDIX. 231 Ramsye and Warboyse and the Soken of Ramsye.War- ^, , , ■ X r rr 1 bois, the So- Souiersham, a great continent oi nenground ken Somer- undivided : it extends north to the river of ^^'*™- Neane; somewhat narrow betwene Ramsy meare west and Dodington fFen, called Pul^ verson east; then spreading wider eastward to Saint Bennets Crosse, betwene the West- water from that Crosse to Craftycote on the east; the bank from Craftycote to the ground, and the high ground of the Soken on the south ; the grounds of Warboyse and Ram- sy up to Ramsy meare west - - 10700 A severall of the iferme called Rowea in Fenton, at the side of the former great fenn : betwene the tenement and high ground of that fferme on the south, and the former great ffen on the east and north and in part west - - - - 43 A parcel! of comon adioyning more west in Fenton : betwene twoe calcies leading from the high ground to the said fferme on the north and south and in part east; and the high ground of Fenton west - 77 The Soken of Somersham, a comon ifen more south : betwene Craftycote bank north : Somersham ffeilds west ; Somersham lode south ; and the VVestwater east - 750 The Soken, another comon ffen adioyning more south : by the said lode north ; the Soken high grounds west ; the new river south, and the Westwater east - - - 774 A several! close in the middest of this ffen, called Come Homes, compassed round about with the comon ffen • - 6G The Soken, another pjirccU of comon ffen 232 APPENDIX. beyond the newe river: betwene the saiJ river north j the Calcy, from Erith bridge to the new fence west; and the Westwater on the south and east - - - 80 O Waterbeach. Waterbeach, in Cambridgeshire, a comon ffen : by the river of Grant east ; a tenement by the water side, called the Brew house, south; the high ground west; and the Joist ffen north - - - . 4G6 The same towne, a large ffen adioyning more north, called the Joist ffen : by Slrett- ham grounds north ; and the river, and Wickin grounds east - - - 2211 O O The same towne, a mowffen adioyning more west: by Cottenham lode west; and Chittering ditch north - - 400 O Item, other wet groundes in the severalls more south - - - - 147 o Item, other wet ground adioyning, in a comon more south - . - 150 fiiallffen. A large ffen within the Isle of Ely, called Biallffen (wherin Witchmam and Covenie and other townes doe intercom') : it lieth betwene Oxwillowlode on the east ; Manea and Dodington grounds north ,• Chartresse grounds, and Witham mede land and Me- pale galfen on the west; Covenie lode, and Covenie dames south. It is nowe devided by the new river into two parts ; whereof that on the south side contains - - 2300 The other on the north side contains - 2885 O Wiuwortb, Winworth towne hath a comon ffen, called the Staple : lying betwene Sutton ffenn ground west; the high ground north and east ; and Haddenham small ffen south 54 O APPENDIX. 233 Sum totall of these former * leaves is - - - 311871 1 30 Item - - - 797 Total - - 312663 1 30 Truly surveied by me, William Hay ward : as I am ready to testify upon oath. 14 June, 1636. This booke was delivered in upon oathe unto us the daye and yeare above written, by William Hay ward, Esq. Surveyor, conteyning a Survey made by him of the ffennes and surrounded grounds, called the Greate Levell, lying within the Counties of Lincoln, North'ton, Camb', Hunt', Norff', Suflf', and the Isle of Elye, and is donne in pursuance of the Lawe of Sewers, called Linne Lawe, bearing date the ISlh daye of Januarye, An° 6to. Carol. Regis. Ol. St. John Rob. St. John Ben. St. John Hamon le Strange Robert Bell Thomas Derham Myles Sandys Robert Peyton. Talbot Pepys Marck Buckworth. 234 APPKNDIX. A TABLE OF THE TOWNES FORMERLY MEN- TIONED IN THE BOOKE, AND OF SOME OTHER CHIEF FFENNES. B. Page Page Brandon . . . . .151 Grunlefen ^ , . . 194 Burwell . . . . .172 Botsham . , . . .172 H. Biall Ffen . . . .232 Helgae , , 145-147 C. Hockold . . . . 150 Horninersea . . 173 Chesterton . . . . 174 Haddenliam . 181 Cottenham . . . .177 Hollivvell . . 18G Covenie . . . 191-192 Holme , 225 Chartresse . . 189-195 Hiarnee ffer me . . 227 Crowland . , . 208 L Conington , . . . 22G D. Iselham . . . . . 158 Denver ~ . . .141 L. Dearhani . . . , .142 Lakingale . 152 Ditton . . . . 173 Litleport . . . . 161 Draiton . ; . . 185 Downham . . . 195 M. Dodington . . . 198 Meathold . . . . 143 E. Easwell 156 Elye 166 Elme 207 Eastree — Part of Wit- tlesea 216 F. Forham 142 Feltwell 148 Fassett . . . 223-224 Milnoll 157 Melton 174 Mepale 190 Manea — in Coveny parish 206 N. Norwald . Netherstedds . 143 . 224 o. Over 183 APPENDIX. p. Page U. Peterborow . . . . 208 Page Upper Steddes . . . 224 Q. Undlj fFerme — in La- Quy .... . . 173 kingale .... 154 23^ R. Roxham 142 RamptoQ . . ; . .173 Ramsea 224 S. San tree ...... 226 Stoke 142 Soothery 145 Soame 158 Soffham 172 Strettham . . . .174 Swacye 184 Stanton 185 St. Ives 185 The Soken . . Sutton in the Isle ■ Sutton in Holland Stanground . . Somersh'm . . 186 187 207 211 231 T. Thetford . Throcknoll Thornea W. Wearham . . Wretton . . . Wilton . . . Wainford Well and Wellnea VVickin . . . Willingham . . Wilberton . . Witch am . . Wilchford . . Wisbech . . Wittlesea . , . Warboise Waterbeach . . Win worth Westmore Walton . . . . 142 . 142 . 150 . 152 . 164 . 170 178-179 . 180 . 191 . 194 . 207 . 212 . 231 . 232 . 232 163-166 , . 226 176 207 Yaxlye 203 221 236 APPENDIX. No. XVI. AN EXEMPLIFICATION OF THE ST. IVES LAW OF SEWERS. Under the Great. Seal of the Commonwealth of England, bearing Date at Westminster the 18/A of March 1658 : Which said Law of Sewers was made at St. Ives in the County of Huntingdon, the I2th of October, in the \3th of Charles the First, and in the Year of our Lord 1637. RICHARD, Lord Protector of the Commonwealth of England, Scotland and Ireland, and the Do- minions and Territories thereunto belonging : To all to whom these Presents shall come greeting. We have viewed certain Laws, Ordinances and Decrees of Sewers made and established at St. Ives in the County of Huntingdon, the twelfth Day of October, in the thirteenth Year of the Reign of Charles, late King of England, remaining of Record in the Files of our Chancery in these Words. AT A SESSIONS of Sewers at St. Ives in the County of Huntingdon, the twelfth Day of October in the thir- teenth Year of the Reign of our Sovereign Lord Charles, APPENDIX. 237 by the Grace of God, of England, Scotland, France and Ireland King, Defender of the Faith, &c. and from thence adjourned to Huntingdon in the County afore- said, and there continued until the seven and twentieth Day of October next following, touching the Fens, low and late surrounded Grounds of the great Level in the Counties of Northampton, Lincoln, Norfolk, Suffolk, Cambridge, Huntingdon and the Isle of Ely within the Limits of this Commission, holden before Sir Rowland Saint John, Knight of the Honourable Order of the Bath, Sir Beauchamp Saint John, Sir Robert Bell, Sir Miles Sandys junior. Knights, Thomas Dereham, George Glapthorn, Everard Buckworth, Humberstone March, William Fisher, Esquires, and William Hayward, Gentleman, Commissioners of Sewers, then and there assembled by Authority of his Highness's Commission of Sewers to them and others directed, it is ordered, enacted, adjudged and decreed as followeth. Whereas at a General Session of Sewers at King's Recital of Lynn Lynn in the County of Norfolk, holden the thirteenth day of January in the sixth year of his Majesty's reign that now is, in the presence of the Right Honourable Francis Earl of Bedford, and before Sir Robert Heath, Knight, then his Majesty's Attorney General, Sir Miles Sandys, Knight and Baronet, Sir John Carleton, Baronet, Sir Robert Bevil, Knight of the Honourable Order of the Bath, Sir John Peyton, Sir John Cutts, Sir John Hare, Sir John Foley, Sir Robert Bell, and Sir Thomas Dere- ham, Knights, and others to the number of forty and one Commissioners of Sewers then and there assembled for and concernitjg the work of draining the great level of the fens, low and then surrounded grounds in the counties of Norlhmuplon, Lincoln, Norfolk, Suffolk, Cambridge, Huntingdon and the Isle of Ely, they the said Commis- 238 APPENDIX. sioners and the county became humble suitors to the said Earl of Bedford, that his Lordship would be the under- taker thereof, unto which motion his Lordship yielded, and did agree to undertake the said work, whereupon by a law of Sewers made at the said Sessions, it was (amongst other things) tiicn ordered and decreed that the said Earl should have ninety-five thousand acres of the said grounds, to be indifferently assigned and set out unto him the said Earl, his heirs and assigns, of the several sorts and qualities of the said grounds, according to their several natures and goodness, by six Commissioners, whereof three to be of the Quorum, for his Lordship's recom pence in performing the said work, and forty thou- sand acres, parcel of the said ninety-five thousand acres, to be by the said Commissioners, assigned and set out to be liable to the maintainance and continuance of the said work of draining for ever. And it was then and there further ordered, enacted, adjudged and decreed. That the new rivers, cuts and drains to be made by the said Earl and his assigns, and the banks thereof, and the forelands on the inside of the banks, not exceeding fifty or threescore foot at the most in breadth, should belong and be unto the said Earl, his heirs and assigns, in respect he and they are to maintain the same, as by the said law or act of Sewers more at large appeareth, unto the which law or act of Sewers his Majesty hath been graciously pleased to give his royal assent. 13 June 12 Car. -^^^ whereas after the said work of draining at and by Lata Session j.jjg grreat cost, chartijes and expences of the said Earl of Sewers held ° , . at Peter- well and sufficiently performed, according to the true borough, from . r -i • a ^ c c ^ tr- t thence adjourn- intent oi the saiQ law or act or bewers made at Kings edto8t. Ives Lypn aforesaid, another general Session of Sewers was from thence to -^ ° "Wisbich. holden at Peterborough, in the said county of Northamp- ton, the thirteenth day of June, in the twelfth year of his said Majesty's reign, and from thence adjourned to St. APPENDIX. 239 Ives, in the said county of Huntingdon, the seven and twentieth day of the said month of June, and from thence likewise adjourned to and continued at Wisbech, in the Isle of Ely and county of Cambridge aforesaid, until the eleventh day of August then next ensuing, at which Session at Peterborough, liolden before the Right Ho- nourable Henry Earl of Holland, one of his said Ma- jesty's most Honourable Privy Council, Oliver Lord Saint John, Sir Rowland Saint John, Knight of the Ho- nourable Order of the Bath, Sir Beauchamp Saint John, Sir Hamond Le Strange, Sir Robert Bell, Sir Thomas Dereham, Sir John Hare, Sir Miles Sandys junior, and others to the number of twenty-three Commissioners of Sewers, they the said Commissioners, did order, decree Commissioners and adiudee the u:reat level of the said fens, low and late ^ecree the , , Great Level surrounded grounds within the said counties of Nor- drained accord- thampton, Lincoln, Norfolk, Suffolk, Cambridge, Hunt- of^Lyau Law? ingdon, and the Isle of Ely, drained according to the purport and intent of the said act and law of Sewers made at King's Lynn aforesaid, and therefore it was thought fit and so ordained and enacted at the Session holden at Peterborough aforesaid. That divers of the Commissioners And the 95000 then nominated by the court, and such other of the ^^reptobeset -' out in recom- Commissioners as should think fit to be present, or any pence to the six or more of them, should, with all convenient speed, Bedford, view the fens and late surrounded grounds within the said level, and set out, to the said Earl of Bedford and his heirs, the quantity of ninety-five thousand acres of the same, in recompcnce of and for the draining thereof, with indifferency, according to their judgments and discretions, in such wise as by the said law of Sewers, made at King's Lynn aforesaid, is enacted and decreed. And accordingly at the said Sessions of Sewers, so by ijv tiie simi"'^^' adjournment from Peterborough to St. Ives, and from St. Coiumis.sioncrs "^ _ on view, sot out Ives to VVisbich, holden and continued at VVisbich and assip;nod to aforesaid, before a competent number of the said Com- pursuitnt to tht- 240 APPENDIX. intent of Lynn Law, with the assistance of Sir Charles Harbord, Sur- veyor General to his Majesty. missioners, namely; the said Sir Rowland Saint John, Sir Beauchamp Saint John, Sir Hamond Le Strange, Sir Rohert Bell, Sir Miles Sandys junior, and others to the number of twelve of the said Commissioners, having, during the lime of that Session, personally perambulated and viewed the said fenny, low and late surrounded grounds, and thereby informed themselves of the several sorts and qualities of the said grounds and of their several natures and goodness, and of the benefit redounding to the several landowners by means of the works of draining done by the said Earl of Bedford, since the time of his undertaking to drain the said fenny and low grounds ; in which their perambulation and view as aforesaid, they the said Commissioners were assisted by Sir Charles Harbord, Knight, his Majesty's Surveyor General, who by his Majesty's letters under his royal hand and signet was especially recommended to that service, they the said Commissioners, in pursuance and confirmation of the said decree and judgment made and given at the said Session of Sewers holden at Peterborough as aforesaid, did, at the said Session holden by adjourn- ment at VVisbich, as aforesaid, decree, enact, adjudge and declare. That the said Earl of Bedford had, at his cost and charges, and with the expence of great sums of money, drained the said fenny and low grounds according to the true intent of the law of Sewers made at King's Lynn aforesaid, and with advice of the said Sir Charles Harbord, did allot and set out to the said Earl ninety-five thousand acres of the said fenny, low and late surrounded grounds lying and being in the said several counties of Northampton, Norfolk, Suffolk, Lincoln, Cambridge, Huntingdon, and the Isle of Ely, within the limits of the said several Commissioners of Sewers, out of the several and respective lordships, manors, towns, parishes, pre- cincts, fens, and places of the said great level, in such sort and manne): as in and by a law, act and decree of APPENDIX. 241 Sewers made at the said Session of Sewers held by ad- journment at Wisbich aforesaid doth more at large appear. And it was further, at the said Session holden by adjournment at Wisbich aforesaid, ordered, enacted, adjudged and decreed, That the said Earl of Bedford should have, hold and enjoy the said ninety-five thousand acres of the said fenny and low grounds to him the said Earlj his heirs and assigns for ever, freed and discharged of and from all rights and title of common, charges, demands, and incumbrances whatsoever. And it was then and there by the said Commissioners Same to be further ordered, enacted, adjudged and decreed, That the der the dircc- said Sir Charles Harbord, or such other person or persons ch^d's^Har- as he the said Sir Charles Harbord should thereunto bord. appoint, should survey and measure out the said ninety- five thousand acres so decreed unto the said Earl of Bedford, and should by lock-spitting, making of small trenches or cuts or otherwise, sever or set out the said ninety-five thousand acres from the several and respective lands and commons whereby the same might be fully known and distinguished, and whereby the said Earl and his assigns might be enabled by partition dikes to sever and divide the several pieces and proportions of grounds so to be set out from the said lands and commons, and to hold and enjoy the same according to the true meaning of the said act made at Wisbich aforesaid. And it was lastly by the said Commissioners agreed Where mcasur- 1 1 1 1 mi I .1 1 I* 1 ed, schedules and declared, I hat so soon as the several proportions and t,, be made parcels of ground before in the said act mentioned should ^^''^'■'^"f- be fully measured and distinguished from the rest of the commons and severals, i)y the said Sir Charles Harbord or such persons as he should nominate, that then perftct schedules should be thereof made by him or them accord- ingly. And tliat thereupon the said Commissioners would make r,uch further act or acts as should be meet for the furlhci ;i-.,-iniiii,^ and settling tlicrctjf, and every jiart and 11 242 APPENDIX. Since said Ses- sions of Sewers complaints by petition were made to his Majesty against decrees as to the draining and allotments. Petitions licard by Privy Council. Tlic decree confirmed as to draining. As to allot- ment referred to Commis- sioners wiio made that decree. parcel thereof, to and upon the said Earl, his heirs and assigns, and for the local assignation and settling of forty thousand acres thereof, to be set out by the said Com- missioners for the perpetual maintenance of the said works of draining in such wise as by the said act of Sewers made at King's Lynn aforesaid is provided, ordered and agreed, as by the said act and law of Sewers made at the said Session of Sewers holden by adjournment at Wis- bich as aforesaid more at large a[)|)eareth. And whereas sithence the said Sessions of Sewers holden at Wisbich aforesaid several petitions of com- plaints were presented to his Majesty, thereby pretending that the said great level of the said fens, low and late surrounded grounds, was not drained according to the true intent of the said law made at King's Lynn aforesaid, and that the petitioners received much prejudice by the inequality of allotments contained in the said law and decree made at Wisbich as aforesaid, the which com- plaints his Majesty was graciously pleased to refer to the consideration of his Highncss's most Honourable Privy Council to be heard and determined according to justice, and thereupon at his Majesty's Court at Greenwich, the ninth day of July last past, the said several petitions of complaints being read at the Council Table (his Majesty then present) and considered of and debated in the pre- sence of many of the parties, and of the said Sir Charles Harbord, his Majesty did declare his royal pleasure to be, that the said decrees whereby the said fens are adjudged drained should by no ways be impeached as to the judg- ment of draining, but that the petitions and complaints concerning the inequality of allotments by the decree of Wisbich, especially of the church of Ely and the land of the colleges in Cambridge, should be referred to the Commissioners who made that decree, and to his Ma- jesty's said Surveyor General, to be ordered and esta- blished by them or such of them as should be present at APPENDIX. 243 the then next meeting, as they should think reasonable. And that the setting-out and allotment of the drainers parts should proceed speedily and effectually without in- terruption by the said complainants or any other, as by an act of state, bearing date the said ninth day of July appeareth. And whereas the Commissioners first abovenamed now The said Com- assembled at this present Sessions of Sewers having been "^^igie^by sir therein assisted by the said Sir Charles Harbord, his Charles Har- bord ttiking Majesty's said Surveyor General, have, accordmg to his petitions of Majesty's gracious direction in the said act of state men- consideration^ tioned, taken into their serious considerations as well the find errors m the allotments said petitions of complaint presented to his Majesty, and which they by the said act of state referred unto them as aforesaid, decrce'equai as also divers other petitions of the like nature exhibited allotment as m ' schedules unto them, the said Commissioners upon full and mature annexed, hearing, examination and debate of all and singular the matters complained of in and by the said petitioners, they the said Commissioners have discovered sundry errors and inequalities in the said allotment or setting forth of the said ninety-five thousand acres, contained in the said act and decree made by adjournment at Wisbich as aforesaid, by reason of some mistakes in a survey before that time made of the said great level. And therefore they the said Commissioners, by the special advice and assistance of the said Sir Charles Harbord, have to the utmost of their judgment and discretions according to equity and justice altered, rectified and reformed the said allotment or setting forth of the said ninety-five thousand acres contained in the said law or decree made at Wisbich as aforesaid, and all and every such errors and inequalities as by any way or means they could find out or discover to be in the same; and they the said Commissioners, with the advice and assistance aforesaid, have made and "perfected and do hereby decree and ordain a just and equal allotment of ninety-five thousand acres of fenny, j{ 2 244 APPENDIX. Ailjudged to the Earl of Bedford to have drained the Fens ac- rording to the intent of the Lynn law. Decree to Earl of Bed- ford 95000 acres as in tiie schedules annexed, with water- courses, rivers, banks, fore- lands, &c. low and late surrounded f^rounds, parcel of the said great level, lo be hereby assured and decreed to ihc said Earl of Bedford, his heirs and assigns for ever, according to the tenor and true intent of the said hiw or act of Sewers made at King's Lynn aforesaid, the which said allotment or setting forth of the said ninety- five thousand acres is particularly declared and contained in twenty-six sche- dules hereunto annexed. ISow the said Commissioners, having an especial regard and consideration of and to all and singular the aforesaid premisses, do hereby adjudge, decree and declare that the Earl of Bedford at his own great cost and expence both well and sufficiently drained all the said fenny, low and late surrounded grounds of the said great level lying in the said several counties of Northampton, Lincoln, Norfolk, Suffolk, Cambridge, Huntingdon, and the Isle of £lv, accordino; to the true tenor and true intent of the said act or law of sewers made at King's Lynn aforesaid. And the said Commissioners do hereby further enact, ordain, adiudc-e and decree unto the said Francis Earl of Bedford, his heirs and assigns for ever, all and singular the lands and grounds, and all and every the parts and parcels and proportions of lands, fens and grounds of what nature soever ihey or any of them be, with their and every of their appurtenances set forth, declared and con- tained in the said twenty-six schedules hereunto an- nexed, amounting in the whole lo the said full proportion and quantity of ninety-five thousand acres of the said fenny, low and late surrounded grounds of the said great level. And all and every the water-courses, rivers, drains, wear-dikes, forelands not exceeding sixty foot in breadth, banks, sluices, and works of draining within, or upon, the said great level, or any part thereof, by the said Earl or his assigns made and erected. And all and singular the fishings in the said water-courses, rivers, drains, wear- dikes and every of them, and the soil, ground and inhe- vrPKNDlX. 246 ritance of all and every the said water-courses, ^ rivers, drains, wear-dikes, forelands, not exceeding sixty foot in breadth, banks, sluices and works of draining and every of them. Together with convenient ways, drifts and Also with con- ^ _ vcnient ways, passages made and set out, and from time to time to be drifts, and pas- made, appointed and set out, to and for the said Earl of '° * Bedford, his heirs and assigns, for his and their more free, easy and commodious passing to and from the nine- ty-five thousand acres of low and fenny ground, hereby adjudged and decreed unto the said Earl, his heirs and assigns, and to and from every part and parcel thereof, and also to and for the more free, easy and commodious passage of all other land-owners, tenants and com- moners, to any, from any of their several lands or com- mons adjoining unto the said ways ; and all and singular other easements, profits and commodities to all and sin- gular the lands and grounds, and all and every the parts, parcels and proportions of lands, fens and grounds de- clared and contained in the said twenty-six schedules hereunto annexed, amounting in the whole to ninety-five thousand acres as aforesaid, and to all and singular the other forementioned premisses belonging or appertaining, according to the tenor and true intent of the said law or act of sewers made at King's Lynn aforesaid ; to have and to hold all and singular the said lands and grounds, parts, parcels and proportion of grounds, lands and fens, set forth, declared and mentioned in the said twenty-six schedules hereunto annexed, amounting in the whole to ninety-five thousand acres as aforesaid, and every part and parcel of the same, and all and every the foremen- tioned water-courses, rivers, drains, wear-dikes, fishings, -Wcar-ilikcs forelands, banks, sluices and works of draining, and the I'sl'mp, tothc ' ^' t'arl, Ills heirs soil and inheritance of them and every of them, ways and nml assigns for t -.1 xi • 1 f .L • ever, f no from ])rcinisscb whatsoever, with tlieir and every or their ap- „ii incuin- purtcnariccs, unto the said Francis Earl of Bedford, his '"""<^^"'*' heirs and assigns for ever, freed and discharged from all 246 APPKNDIX. Save a fee farm rent of 10/. a yt-ar to the crown. The highways particularly named and set out. The bridges particularly named and described. former i"ight, titles, interests, conditions, commons, rents, servicejB, charges, troubles, incumbrances, duties and de- mands whatsoever. Except one fee-farui rent of ten pounds, which is hereby reserved and decreed to be yearly paid unto our Sovereign Lord the King, his heirs and successors for ever, at the two feasts of the Annuncia- tion of the Blessed Virgin, and St. Michael the Archan- gel, by even portions, and to be issuing out of all and singular the lands and grounds hereby decreed and assured unto the said Earl, his heirs and assigns, as aforesaid. And for the better habitation, improvement, use and benefit of the said whole great level, it is further enacted, ordained and decreed by the said Commissioners, in fur- ther pursuance of the said act or law of sewers, made at King's Lynn aforesaid, that convenient summer ways and passages shall be made in, upon, and throughout the said great level in manner and form following, that is to say, one way from Bedford River near Welney to AVestmore Causeway, near Lfttleport ; one other way leading from Upwood Hards, called Bottom Hill, unto Whittlesey ; and one other way leading from Peake Kirke Meadow unto Guy Hum ; and one other way leading from the Hard Lands of Chateresse, called Wenny Hill, to the way in Sutton Grounds^ leading to Sutton Gait, every of the said ways to contain three score foot in breadth between their several drains or wear-dikes; and in respect the said ways are to be made and erected at the sole cost of him the said Earl, or his assigns, it is therefore enacted, ordained and declared, that all and singular the aforesaid ways, together with their wear-dikes and drains, be the soil and inheritance of him the said Francis Earl of Bedford, his heirs and as- signs for ever. And it is hereby further enacted, ordained and decreed, that convenient bridges shall be made in places meet APPENDIX. 247 and necessary, as well for the travelling and passage in, upon and throughout the said ways hereby enacted and decreed to be made as aforesaid, as also for the passing to and from any of the lands of the said great level near adjoining unto the said bridges, that is to say, one bridge over the new river, called Bedford River, at Sut- ton Gault; one other bridge over the said new river, at Mephal Town ; one other bridge over the said new river, near Oxwillow Lode; and one other bridge over the said new river, at Welney Town ; and that the said bridges shall be the inheritance of him the said Earl, his heirs and assigns for ever. And it is hereby further enacted, ordained and decreed A particular of 1 • , ^ ' • • 1 J 111 J the 40,000 by the said Commissioners, that tlie several lands and acres allotted proportions of ground hereafter particularly mentioned, n'^^nceVfThe'^' amounting to forty thousand acres, parcel of the said works, ninety-five thousand acres of fenny and late surrounded grounds declared and contained in the said twenty-six schedules hereunto annexed, and hereby decreed and as- sured to the said Earl, his heirs and assigns, as aforesaid, shall for ever hereafter stand, be and continue liable and charged to and with the maintenance and preservation of all and singular the aforementioned ways and bridges, hereby declared to be made as aforesaid, and of all and singular other works erected and made, or by the said Commissioners appointed to be erected and made by the said t!arl of Bedford, or his assigns, for draining and im- proving of the said great level according to the true in- tent and meaning of the said act or law of Sewers, made at King's Lynn aforesaid. That is to say, the ])art de- creed unto the said earl out of Reed's Fen, in IJelgay, ^^ ^ ,„ , ' a J ' Out of Hclgay, three hundred and sixty acres; in Sir Henry Willow- SOOA. bie's several fen in Soutliery, on the west side of the Soutbcrj' 7(5A. Kiver Ouze, seventy-six acres ; the proportions decreed cut of the common fens of Wcerham, Wretton and wccrLam, Stoke, five hundred and thirty-six acres j and out of the slJokc'St A. 248 APPENDIX. Norwold 429 A. Mcthwold 357 A. Feltwcll751 A. Hockwold lOO A. UpTvcll Shcvins 200 A. Hale Fen, and c Muniun piece in Up well 590 A. Londoners Fen KOO A. Well nnd Wol- ney840 A. Swafhain Pri- or, Swafliain Biilbeck and Reach 600 A. Bottisham, Horninsfsey, Qui, Ditton, 400 A. Downham 390 A. A^bwell Moor 423 A. Mancy 250 A. Pyemoor 152 A. common fens of Norwold four hundred and twenty -nine acres; the proportion decreed out of the several fens in Melhwold three hundred fifty and seven acres; and out of the several fens of Feltwell seven hundred fifty and one acres; out of the several in Hockwold, called Pool- ing's, one hundred acres ; the proportion decreed out of the common fen of Upwell, called Shcvins, two hundred acres; and out of Hale Fen, and the common piece in Upwell five hundred and ninety acres : andout of the fen grounds, called Londoners Fens, eight hundred acres ; all the which forementioned parcels of ground are within the county of Norfolk. The proportion of ground de- creed in the several fens of Well and Welney, lying in the said county of Norfolk and the Isle of Ely, eight hundred and forty acres; a parcel of the proportion de- creed out of the intercommon fens of Swafham Prior, Swafham Bulbecke, Botsham and Reach, in the county of Cambridge, containing six hundred acres, viz. the whole proportions decreed in White Fen, being four hundred and eleven acres, and in great Sedge Fen, being one hundred and eighty acres; and five acres in High Fen, adjoining unto great Sedge Fen, and four acres in the Croyle, adjoining also upon great Sedge Fen. The whole proportion decreed out of the intercommon fens of Botsham, Horningsey, Qui and Ditton, being four hundred acres in the said county of Cambridge; the whole proportion decreed out of the common and fen grounds of Downham in the said Isle of Ely, three hundred and ninety acres; the whole proportion de- creed out of Ashwell Moor, near Coveney, in the said Isle of Ely, four hundred twenty-three acres ; the whole proportion decreed out of the common dammes and several fen grounds of Mancy, in the said Isle of Ely, two hundred and fifty acres ; the whole pro- portion decreed out of the common fen, called Pye- moor, near Witchford, in the said Isle of Ely, one hun- APPENDIX. 249 dred fifty-two acres; the whole proportion decreed out of G runty Fen, in the said Isle, four hundred twentv-six Omniy Feu . 42G A. acres; the whole proportion decreed out of the common fen grounds of Chartresse, in the said Isle of Ely, three Chaitrcsse thousand eight hundred twenty-six acres ; the whole pro- portion de-creed out of the several and common fen grounds of Doddington, March, VVimblin^ton and Ben- Doddington, . , 1 , , March, Wim- wick, twelve thousand seven hundred and forty-nine bliiigton, Hen- acres ; the whole proportion decreed out of the common ""''' and several fen grounds of Elme, in the said Isle of Ely, Kimc 250 A. two hundred and fifty acres ; the whole proportion de- creed out of the common fen erounds, called Eusymore, Eusymorc ^ ' J ' 2000 A. in the said Isle of El\^, two thousand acres ; a parcel of the proportion decreed out of the several fen grounds of Thomas Tyril, Gentleman, lyina: near Priests Houses, in Tyril's Ground ^ o ' 24 A. the said Isle of Ely, twenty-four acres, at the west end of *' the same ground ; the whole proportion decreed out of the High Een and North Fen in Somersham, in the Somersliaiu "^ ^ ' 1533 A. county of Huntingdon, one thousand five hundred and thirty-three acres ; the whole proportion decreed out of the common fen grounds of Warboys, in the said county Warboys of Huntingdon, one thousand eight hundred sixty-eight acres; the whole proportion decreed out of the common fen grounds, called Wistow Fen, three hundred eighty- Wisiow38CA. six acres ; the whole proportion decreed out of the com- mon fen grounds of Ramsey, in the said county of Ramsey 4564 Huntingdon, four thousand five hundred sixty-four ' acres ; the whole proportion decreed out of the several fen grounds of Sir Oliver Cromwell, Knight, in the Cromwdi's se- grounds called Ashbeck, Abbotts, Pingle and Wiggin le^l'T';^.^""" Moor, in Ramsey aforesaid, one hundred sevcntv-seven acres ; the whole proportion decreed out ol" the several fen grounds of Cunington, in the said county of Hunt- Ciiningtou ingdon, two hundred eighty-one acres; the whole pro- portion decreed out of the common fens of Denton, in Denton \:^c, A. the said county of Huntingdon, one hundred fifty and 250 APPENDIX. six acres ; the whole proportion decreed out oi the fen Caldecote56 A. grounds of Caldecole, in the said county of Huntingdon, fifty-six acres ; the whole proportion decreed out of the Stilton 160 A. common fen grounds of Stilton, in the said county of Huntingdon, one hundred and sixty acres; the whole Woodwalton proportion decreed out of common fen ground of Wood- walton, in the said county of Huntingdon, nine hundred thirty-seven acres ; a parcel of the proportion decreed Holme 27 A. out of the common fen grounds of Holme, in the said county of Huntingdon, twenty-seven acres, adjoining upon the said fen grounds of Walton ; a parcel of the proportion decreed out of the several f^en grounds of Tborney 1880 Thorney, in the said Isle of Ely, one thousand eight hundred and eighty acres, lying on the east part of Knar Fen, adjoining to the Wride ; a parcel of the proportion decreed out of the common fen On the south side of WestmoorFen, Bedford River, called Westmoor, in the said Isle of Ely, on south of , •' Bedford River, the said parcel containing four hundred eighty-two acres, and lying on the south-east side of one thousand acres, part of the said proportion, adjoyning to Oxwillow Load ; a parcel of the said proportion decreed out of the Westmoor, on said common fen, called Westmoor, on the north side of Bedford River *-^^ ^^'^ Bedford River, the said parcel containing four ^^^^' hundred eighty-two acres, and lying on the north-west side of one thousand acres, part of the said proportion, lying next unto Welney ; and a parcel of the proportion Byall Fen decreed out of the common fen, called Byall Fen, on the 482 A. north side of the said Bedford River, the said parcel containing four hundred and eighty-two acres, and lying on the north-west side of one thousand acres, part of the said proportion, next towards Maney. Partition dikes And it is further enacted, ordained and decreed. That JorduI^'to''the' ^1^ partition dikes and fences, which shall be thought intent of tlie necessarv to be made to carry away the rain water Lynn Law. towards the main drains, shall be made according to the purport, true intent and meaning of the said act or law of Sewers made at King's Lynn aforesaid. AI>i?ENDlX. 251 And it is hereby further enacted, ordained, decreed and Earl ofBedford declared, That the said Earl of Bedford, or his assigns, ;° ^^''^ ^°^""'^ ' ' G > to make new shall, from time to time and at all times hereafter, have works, &c. ac- - ,., 11- T 1 r cording to Lynn tree liberty and authority, according to the power for- Law, under the merly given unto him by the said law made at King's orllforeof the^ Lynn aforesaid, to make any such new works, and to cut Commission- •'■'•' ^ ers, three to be ground and cast up earth for making such new banks of the quorum. and drains, as by six or more of the said Commissioners of Sewers, whereof three to be of the quorum, shall be adjudged and decreed as fit and necessary to be made and erected for the further advancement of this great work of draining. And it is further hereby enacted, ordered, ordained, Waters, pits, decreed and declared. That the said Earl of Bedford shall ^oics^ndmt^t. ' grounds not have, hold and enjoy to him, his heirs and assigns for drainabie, vested in the ever, all and every the waters, sumps, dikes, pits, holes EariofBed- and mear-grounds, and the fishings in the same, and the pa^of the °° soil, ground and inheritance of them, and every of them, ^^000 acres. lying and being within the said ninety five thousand acres, contained and declared in the said schedules here- unto annexed, the same being not drained or drainabie, according to act, and the true intent and meaning of the said act or law made at King's Lynn aforesaid, although the same be no parcel of the said quantity of ninety-five thousand acres, hereby decreed and assured to the said Earl, his heirs and assigns, as aforesaid. Provided always, and it is hereby adjudged, enacted Antient rivers and declared. That the antient rivers and drains shall be remain to the and remain to the right owners thereof, as formerly they "8^'' owners. did or hereafter should of right belong, according to the tenor and true meaning of the said act or law, made at King's Lynn aforesaid ; any thing in this present act or law of sewers to the contrary notwithstanding. A 1 • • 1 1 1 I 111 1 <• 11 11 Commissioners And it IS lastly hereby concluded and rully agreed by with i;arl of tlie said Commissioners, that they, together with the said ply'^J^I^''t|,c'King Earl of Bedford, shall become humble suitors to the '^"'' " '■"t'''ca- tion of this decree, 252 APPENDIX. King's most excellent Majesty, that his iVhijesty will be graciously pleased to conHrni, approve and ratify this present act and decree, and, by his royal hand signing the same, to declare his royal approbation thereof and assent thereunto ; and that his Majesty will be further graciously pleased to recommend the same to the Right Honourable the Lord Keeper of the Great Seal, and the Chancellor of his Highness's Dutchy of Lancaster, that it may in due form of law be confirmed and ratified, and that he both by decree of the Honourable Court of Chancery would jTit it j^fj(j of the Court belonffiniif to the said Dutchy, and that confirmed hy _ ^ . the Court of his Majesty will vouchsafe to i-ecommcnd the same to the Dutciiv ^^ic Right Honourable Lords and others of hii Majesty's Court, and also j,^^^g|. Honourable Privy Council, that it mav by them be ordered, as •' ' ~ j matter of state, ordered, as matter of slate, not to be altered or im- by the Privy i i i • • i i i • c \ Council; and pcaclied, having received the approbation or tliat for his royal Honourable Boaid. And that whensoever a Parliament assent thereto whenitihall, shall be Called, and a bill being then preferred to the two as a law, l:ave , . passed both Houses of that High Court of Parliament, and the same lia'meut.*' ^^' ^^ then passed as a law, that his Majesty Would be graciously pleased, for the full and final confirmation thereof, to give his royal assent thereunto. In witness whereof, the Commissioners first above- named to two parts of these presents indented, the one part to be presented to his Majesty as aforesaid, and the other part to remain with the Clerk of the Sewers, according to the law in that case provided, have set their hands and seals the said twenty-seventh day of October, the year first above written. We have also viewed certain schedules or particulars of lands to the said laws, ordinances and decrees annexed, under the seals of certain Commissioners of Sewers, whereby the said laws, ordinances and decrees were made, remaining of record in the files of our said Chan- cery in these words : APPENDIX. 25S A SCHEDULE and Particular of such Lands and Proportions of Grounds lying within the Fens, called the great Level of Fens or surrounded Grounds, within the counties of Norfolk, Suffolk, Canihridge, Huntingdon, JNorlhampton, Lincoln and the Jsle of Ely, as by this prcst-nL Law or Act of Sewers are set out, decreed and assured unto the Right Honourable Francis Earl of Bedford, his heirs and assigns, to Tie holden and enjoyed by him and them for ever, according to the tenor of this said Act. COM. NORF. Out of the common fen grounds of or Denver, belonging to Denver in the said county of Norfolk, lying on the west side of the river Ouse, three hundred and fourscore acres, (that is to say) one hundred twenty-four acres out of that part of the fen near Salters Lode, abutting eastward upon the said river, and northward upon the river called Bedford River. And the residue, being two hundred fifty-six acres, out of that part of the fen that lieth next Salters Lode upon the north side of the said new river, abut- ting upon the said new river and Well Creek - - - - 380 O Out of a several fen ground in Denver aforesaid, abutting westward upon the grounds of Well, four acres at the south end thereof, next Denver Fen - -400 Out of the common fens of or belonging Ilclgay. to Helgay, in the said county of Norfolk, one thousand three hundred acres, (that is to say) one intire fen^ lying between Sir 254 APPENDIX. Henry Willoughbie's drain and Southery Common, containing nine hundred eighty- two acres, and the residue being three hun- dred and eighteen acres, out of that part of the said fen abutting northward upon the imbanked grounds of Edmund Skipwith, Esquire, and adjoining to the said river Ouse _ . - - 1300 Out of the several fen grounds of or be- longing to Sir Henry Willoughby, Knight, called Read's Fen, three hundred and sixty acres, at the north end of the said grounds, abutting upon Maid Lode - - 360 Southery. Out of the common fen grounds of or be- longing to Southery, in the said county of Norfolk, eight hundred acres out of the common fen called Adymore, abutting upon Helgay common fen, and the river Ouse - - - - 800 Out of the several fen grounds in Sou- thery aforesaid, of or belonging to Sir Henry Willoughby aforesaid, lying on the east side of the river Ouse, seventy and six acres at the south end thereof, near to Mod- ney House - - - 76 Out of one other several fen ground in Southery aforesaid, of or belonging to the said Sir Henry Willoughby, Knight, lying on the west side of the river Ouse, seventy- six acres at the west end of the same grounds - - - - 7G Out of one other several fen ground, lying in Southery or Helgay, or one of them, of or belonging to Thomas Gibbon, Esq. twenty acres at the western end thereof, near Priests Houses - - 20 APPENDIX. or,; Wereham, Wretton, and Stoke. Out of the common fen grounds of or be- Roxham. longing to Roxham, in the said county of Norfolk, ninety-four acres at the south-east part of the same fen, abutting upon Dere- ham Coat Fen, and the river Wissey - 94 Out of the common fen grounds of or be- Dereham, longing to Dereham, in the said county of Norfolk, two hundred acres, (that is to say), , ninety-five acres out of the fen called Dere- ham Coat Fen, abutting upon Roxham Fen and the river Wissey, and the Residue, being one hundred and five acres, out of the com- mon fen, at the parts thereof abutting upon the said river Wissey and Wereham - 200 Out of the common fens of or belonging to Wereham, Wretton, and Stoke, in the said county of Norfolk, five hundred thirty and six acres in one piece, next the said river Wissey, extending along the said river, from the north side of Tokeshill to Weredike - - - 536 Out of the common fen grounds of or Norwold; belonging to Norwold, in the said county of Norfolk, four hundred twenty and nine acres, (that is to say) the intire common fen lying on the north side of the river Wissey, containing twenty-nine acres, and the resi- due, being four hundred acres, out of the common fens, lying on the south side of the said river, abutting upon the said river, and lying between Hovvhill and Wittington Causey, and between the said river and the hard lands of Norwold - - 429 (-)ut of the common fens of or belonging Mcthwold. to Mcthwold in the said county of Norfolk, one thousand six hundred forty and eight 256 APPENDIX. acres, out of the lens called Soulhmore and Twinne liodes, abutting north-westward, i upon part of tlic said common called Southmore, wherein Southery doth inter- common, north-eastward upon the several fen grounds of Sir Edmund Munford, Knight, and southward upon the common . fen of Feltwel, called North Fen - l648 O Out of the several fen grounds of Meth- wold aforesaid, three hundred fifty-seven acres at the west end of two of the said severals next Southery - - 337 O Fcltwell. Out of the common {en grounds of or belonging to Feltwel, in the said county of Norfolk, one thousand six hundred ninety- seven acres, (that is to say) eight hundred and forty acres out of the fen called North Fen, at the north-east part thereof, abutting upon the common fen of Methwold, called Southmore. Out of the fen called the Mowe Fen, eighty acres at the west part of the same fen next Brandon River ; and the residue, being seven hundred seventy and seven acres, out of the fen called the South Fen, at the south-west part thereof abutting upon the said Mowe Fen, and the several fen ground belonging to Sir Thomas Woodhouse - - - 1697 O Out of the several fen grounds of or be- longing to Feltwel aforesaid, seven hundred fifty and one acres, (that is to say) out of the several fen ground now or late of Sir Thomas Woodhouse, Knight, abutting upon Feltwel South Fen, and a several be- longing to Sir Edmund Mundfbrd, two hundred and six acres out of the middle APPENDIX. 257 part of the said several fen from north to south. Out of the several fen ground of Sir Edmund Mundford aforesaid, abutting upon the said several of Sir Thomas Woodhouse aforesaid, one hundred ninety and seven acres out of the middle part of the said fen from north to south. Out of the several fen ground belonging to Christ's College, abut- ting upon the said several fen ground of Sir Edmund Mundford aforesaid, one hundred twenty-six acres out of the middle part of the said ground from north to south. Out of the several fen ground late of Robert Wace, Gent, abutting upon the said several ground of Christ's College and the river of Brandon, one hundred seventy-two acres out of the middle of the said ground from north to south. Out of the several fen ground lying between the fen grounds of Christ's College aforesaid and the river of Brandon, fourteen acres abutting northward upon the several fen ground ofThomas Gibbon, Esq. Out of the several fen grounds of or be- longing to Thomas Tyrel, gent, lying be- tween the aforesaid fen grounds of Sir Edmund Mundford, Knight, and the river of Brandon, thirteen acres and twenty perches at the south-east end of the same ground. Out of the several fen ground lying between the several fen of Sir Thomas Woodhouse aforesaid and the river of Brandon, ten acres and three roods at the south part thereof. Out of the several fen ground late of Robert Waco, Gent, abutting upon the hard lands of I'cltwel aforesaid, six acres and ten perches at the riorth-west end of tin; same groutid. s 35S APPENDIX. Hockwold and Wilton. Out of the several fen ground lying between Feltwel Mowe Fen and the river of Bran- don, six acres and ten perches at the north- west end thereof _ . _ Out of the common fen grounds of or be- longing to Hockwold and W^ilton, in the said county of Norfolk, nine hundred and fifty acres out of the common fen adjoining to the common fens and the hard lands of Feltwel, and abutting upon the said hard lands of Feltwel - _ - Out of the several fen grounds of Wil- liam Heveningham, Esq. two hundred acres, (that is to say) out of the several ground called Poolings, one hundred acres at the north side thereof, abutting upon Feltwel Mowe Fen and the river of Bran- don, and out of one other several ground lying on the south-west side of the said river of Brandon, one hundred acres abut- ting upon the fen called Redmore Grounds and the said river of Brandon Out of the several fen ground of Osbert Pratt, Gent., lying next the fen called Sea Fen, ten acres at the north end of the same ground _ _ - 751 950 O 200 O 10 O Brandon. COM. SUFF. Out of the common fen grounds of or belonging unto Brandon, in the county of Suffolk, three hundred and fifty acres, (that is to say) one intire fen abutting upon the east part of the common fen of Lacklieath, called Stallard, one hundred and ninety acres ; and the residue, being one hundred APPENDIX. 259 and sixt}' acres, out of a common fen abut- ting upon the said intiie fen, at the west end of the said common fen - - 350 Out of the common fen grounds of or LaekinijUeatli. belonging to Lackingheath, in the said county of Suffolk, one thousand and eight hundred acres, (that is to say) the moiety or one half of the common fen called Little- shell, or East-more, being ninety-two acres at the eastern part thereof, next the com- mon fen called Archingstal. The said in- lire common fen called Archingstal con- taining one hundred seventy-four acres. One intire common ten abutting upon the river of Brandon. Audry Lode, and the several fen ground of William Hevening- ham, Esq. containing forty-seven acres. One intire common fen lying on the north side of Brandon River, between the com- mon fen of Hockvvold and Wilton, called Sea Fen, and the several fen of William Heveniiigham aforesaid, containing fifty- eight acres and a half. The intire common fen called Town-more, containing five hun- dred seventy-nine acres; and the residue, being eight hundred forty-nine acres and a half, out of the great common fen abutting upon Plant Lode and the said fen called Townmore, at the north-west part thereof 1800 Out of the several fen grounds of or be- L.^cl^in^:lleath longing to Lackinglieath aforesaid, two hundred and fourscore acres, (that is to say) out of the several fen grounds of Uidcy Farm, lying l>etween the common icn grountis of Lackingheath aforesaid, and the Sedge Fens of Milden Hall, one hundred twenty-three s 2 se vera Is 260 APPENDIX. acres and two roods at the west end of the same ground. Out of the several fen ground now or late of William Steward, gent, lying at the west end of the common fen called Stal- lard, three acres and one rood at the west end of the same ground. Out of one other several fen ground now or late of the said William Steward, lying on the north side of Brandon River, six acres and one rood at the north west end of the same ground. Out of the several fen ground abutting upon the said common fen called Stal- lard and the High Lode, four acres at the north end of the same ground. Out of a triangular several fen ground abutting upon the said common fen called Stallard and the High Lode, one acre three roods and twenty perches at the south end of the same ground. Out of the several fen ground lying between Winter Lode and Cross Wa- ter, at the meeting of the same lodes, one acre three roods and twenty perches at the north west end thereof. Out of a several fen ground lying near Willow Lode, incom- passed on all sides with the common fen of Lackingheath aforesaid, two acres at the west part of the same ground. Out of the several fen ground lying on the east part of the last mentioned several ground, four acres and one rood at the north-west end thereof. Out of one other several fen ground lying on the east part of the several ground last mentioned, and abutting upon Cross Water, eight acres at the north-west side of the same ground next unto Cross Water afore^id. Out of the several fen APPENDIX. 261 ground lying between the last mentioned several ground and Willow Lode, two acres and three roods at the west end of the same ground. Out of the several fen ground, abutting upon the west side of Winter Lode and High Lode aforesaid, fifteen acres and two roods at the north west end thereof abutting upon High Lode. Out of the se- veral fen ground abutting upon the com- mon fen called East More, and the several fen called the Boats Gangs, two acres at the north-west end thereof, next to Delf Dike. Out of the several fen grounds called the Boats Gangs, sixty-seven acres and a half at the west end thereof, abutting upon Plant Lode and Delf Dike. Out of the several fen ground now or late of John Crane, abutting upon High Lode, and the several ground now or late of William Barne, Gent., eight acres and two roods ad- joining upon the said several ground of William Barne, and the said High Lode. Out of the said several fen ground now or late of William Barne aforesaid, ten acres adjoining upon the said several ground of John Crane. Out of one other several fen ground now or late of the said John Crane, lying near the said several ground of Wil- liam Barne aforesaid, six acres and two roods at the north-west side of the same ground, abutting upon High Lode afore- said. Out of the greater of the two several fen grounds lying between Delf Dike and Brandon River, eight acres and two roods at the north-west side thereof. And out of the other smaller several, lying between 262 APPENDIX. Delf Dike and Brandon River, three acres and three roods at the north end of the same ground _ _ - 280 O Mildeii ilalJ. Out of the common fen ground of or be- longing to Milden Hall, in the said county of Suffolk, two thousand nine hundred and twenty acres, (that is to say) one intire com- mon called Burnt Fen, containing one thou- sand seven hundred and thirty-seven acres. Two intire fen grounds called Sedge Fens, lying between Burnt Fen and Town More in Lackingheath aforesaid, containing eight hundred and forty acres. And the residue, being three hundred forty and three acres, out of the common fen lying between the several fen grounds of Unly Farm and Baldwin's Lode at the west part of the same fen - ^ - . 2920 COM. CANTABR. IsKham. QuT of the common fen grounds of or belonging to Isleham, in the county of Cambridge, nine hundred and thirty acres, (that is to say) one intire common fen abutting upon the common fens of Soham, called Great Mellam and Little Metlam, and the river of Milden Mall, containing three hundred and eight acres. Out of the mow fen of Isleham, abutting upon the fore-mentioned common fen of Isleham, and the said river of Milden Hall, four hundred thirty-two acres at the north part thereof. And out of the common fen of APPENDIX. 263 Isleham, called West Fen, abutting upon the common fens of Soham, called Little Metlam, and the Hasse, one hundred and ninety acres at the north end of the same fen _ - _ - 930 Out of the common fen grounds of or Soham. belonging to Soham and Barway, in the said county of Cambridge, one thousand and eight hundred acres, (that is to say) the intire common fen abutting upon \Vickin high fen, called Fordey, contain- ing one hundred fifty-six acres and a half. Out of the common fen called Barway Middle, seventy-four acres and a half at the north-east part thereof, abutting upon Sea Lode and the river Ouse. The two intire common fens called Great Metlam and Little Metlam, containing one thousand two hundred and ten acres, and out of the common fen called the Hasse, three hundred fifty-nine acres at the north part thereof, abutting upon Little Metlam aforesaid - 1800 Out of the several fen ground in Soham aforesaid, of or belonging to Sir Robert Heath, Knight, four hundred and twenty acres. Out of the several fen ground called Great Metlam, abutting upon the common called Great Metlam and the river of Mil- den Hall, at the east part of the said se- veral fen - - - - 420 Out of the several fen ground in Soham aforesaid, lying between the fens called East Fen and Calf Fen, eight acres at the east end thereof - - - 8 Out of the several fen ground in Soham, 264 APPENDIX. called Bugbeach, one acre at the west end thereof - - - -10 Fordham. Out of the comnion fen grounds of or be- longing to Fordham, in the said county of Cambridge, lying between the fen grounds of Burwell and the hard lands near Wickin, twenty-seven acres at the west end of the same fen - - - - 27 Wickin. Out of the common fen ground of or be- longing to Wickin, in the saidcounty of Cam- bridge, four hundred and fifty acres, (that is to say) out of the common fen, called the Sedge Fen or Broad Meadow, three hundred acres at the western end thereof, abutting upon Reach Lode, the hard lands of Wickin, and the imbanked several grounds of Isaac Barrow, Esq.; and the residue, being one hundred and fifty acres, out of the common fen called High Fen, at the north-east part thereof adjoining upon the several ground of Thetford, called the Botts Gangs, and the river Grant - - - 450 O Out of the fen grounds of Wickin afore- said, being Mow Fens or Lamas Grounds, consisting of the lots or doles of divers persons, one hundred acres, (that is to sa}') out of the mowing ground lying on the west side of the river Grant, fifty-five acres and three roods at the west end of the same lots or doles, abutting upon the common fen of Water-beach, called Joyst Fen; out of the mowing grounds lying between the hard lands of Wickin aforesaid, the river Grant, the several (en grounds of Upmeere Farm, and the way leading from the hard lands of APPENDIX. 265 Wickin unto Dimock's Coat, twenty-three acres and one rood at the middle part of the said mow fen, where the said doles or lots do abut one upon another, extending from the said hard lands of Wickin to the said way leading to Dimock's Coat; and out of the mow fen ground lying between the said way leading to Dimock's Coat, the river Grant, the high fen of Wickin and the hard lands of Wickin, twenty-one acres at the middle part of the said mow fen, where the said doles or lots do abut one upon another, ex- tending from the said way leading to Di- mock's Coat unto the way leading to Wickin High Fen aforesaid - - - 100 Out of a several sedge fen of Isaac Bar- row, Esq. ; lying in Wickin aforesaid, twenty-one acres at the north-west part thereof - . . - 21 O Out of a several sedge fen of or belonging to Sir Edward Peyton, Knight and Baronet, fourteen acres at the west end thereof - 14 Out of other several fen grounds lying in W^ickin aforesaid twenty acres, (that is to say) out of the imbanked several fen ground of Isaac Barrow aforesaid seven acres at the west end thereof, abutting upon the hard lands of Wickin aforesaid; out of the seve- ral fen grounds belonging to Upmeer Farm five acres at the north-east end of the same grounds, abutting upon the mow fen of Wickin and the river Grant ; out of the several fen ground now or late of Sir Edward Peyton aforesaid, lying upon the west side of the river Grant, five acres at the south- west end thereof abutting u[)on the river '2m APPKNDIX. Burwcll and Reach. Swafham. Botsam. Grant; atul out of the several fen ground of Dalton, Gent, adjoyning to the said several len of Sir Edward Peyton and the river Grant, three acres at the south-west part of the same several ground - 20 Out of the cotnaion fen grounds of or be- longing to Burvvell and Reach in the said county of Cambridge, seven hundred acres at the north-west part of the same fens abutting upon Wickin Lode and Reach Lode 700 Out of the intercom mon fens of or belong- ing to Swaf ham Prior, Svvafham Bulbeck, Botsam and Reach, in the said county of Cambridge, or to some or one of them, one thousand four hundred acres, (that is to say) out of the common fen, called White Fen, four hundred and eleven acres abutting upon Swaf ham Lode and White Fen Lake. Out of the common fen called the Croyle, four hundred and four acres abutting eastward upon the common fen called Great Sedge Fen, southward and westward upon the resi- due of the same common fen called the Croyle, and northward upon the common fen called the High Fen ; out of the said common fen called the High Fen, four hun- dred and five acres at the north-east part thereof abutting upon Reach Lode and the river Grant ; and out of the common fen called Great Sedge Fen, one hundred and eighty acres at the north end thereof abutting upon the High Fen and Reach Lode - 1400 Out of the common fen grounds of or be- longing to Botsam in the said county of Cambridge, lying between White Fen Lake and the river Grant, one hundred and fort}' Horningsey, Qui, and Ditton. APPENDIX. 207 acres at the north-east end of the same fen ground abutting upon Swafham High Fen and the river Grant - - 140 Out of the intercommon fen grounds of or belonging to Botsam, Horningsey, Qui, and Ditton, in the said county of Cambridge, or to some or one of them, four hundred acres, (that is to say) out of the common fen called High Fen, one hundred acres at the eastern end thereof abutting upon the com- mon fen called the Rough; and out of the said common fen called the Rough, three hundred acres at the western part thereof abutting upon the said High Fen - - 400 Out of the common fen grounds of or be- Water-Beach, longing to Water-Beach in the said county of Cambridge, seven hundred and fifty acres, (liiat is to say) out of the fen called the Joyst Fen, six hundred thirty-eight acres at the north end thereof abutting upon the several fen grounds of Stretham and Wic- kin; and out of one other fen, lying between the said fen called Joyst Fen, the river Grant, anil llic hard lands of Water- Beach, one hundred and twelve acres at ihe noith- east end thereof, abutting upon the said fen called Joyst Fen and the river Grant - 7-50 Out of the common fen grounds of or be- longing to Cottenham in the said county of Cambridge, two hundred and forty acres at the cast end of the common fen, lying be- tween the common fens called Sech Hill Fens and the Lots - - . 240 Out of the common fen grounds of or be- Rampton. longing to Hampton in the said county of Cambridge, sixteen acres, (that is to say) 268 APPENDIX. out of the mow fen called Hempsal, thir- teen acres at the north-cast end thereof abut- ting upon Smithy Fen in Coltenham ; and out of the common i'en ground called Jram, three acres at the east corner thereof abut- ting upon Hempsal aforesaid - - l6 Wivclingham, Out of the common fens of or belonging to Wivelingham in the said county of Cam- bridge, one hundred eighty-three acres and one rood, (that is to say) out of the com- mon fen ground called Hempsal, fifty- three acres at the north part thereof adjoining upon Smithy Fen and Audrey Causey ; out of the common fen called Middle-ditch Fen, seventy-seven acres and one rood at the south-east part thereof abutting upon the several fen ground called Babies Hume and the river Ouse ; and out of the common fen called Clattox or Langrige, fifty- three acres at the north end thereof abutting upon the several fen grounds of Over and the several fen grounds in Wivelingham, called the Meer Grounds - - - 183 1 Out of the several fen grounds of or be- longing to Wivelingham aforesaid, forty acres and three roods, (that is to say) out of the several ground called Shelfould, consist- ing of the lots or doles of divers persons, twelve acres and three roods at the south- west end of the said lots next unto the Fens t of Over ; out of the several fen called Babies Hurne, thirteen acres and three roods at the north end thereof abutting upon the river Ouse ; out of the several fen ground now or late of James Pascall, Gent, called Stacks, seven acres at the north-east end thereof APDENDIX. 269 abutting upon Audrey Causey ; and out of ihe several fen of John Crane, Esquire, call- ed Little Shelfould, seven acres and one rood at the north-east corner thereof near Erith Sluce - - - - 40 3 Out of the common fen grounds of or be- Over. longing to Over in the said county of Cam- bridge, one hundred seventy-one acres ; out of the fen called the Marish at the east end thereof, abutting north-westward upon the east end of the lots or doles of divers per- sons, extending from the place called the Haywards Swath unto the bank of the ri- ver Ouse eastward upon the several or the late inclosed grounds of Over aforesaid call- ed Blunte Meer, and southward upon the residue of the said fen called the Marish - 171 O INSULA ELIEN IN COM. CANTABR. Out of the common fen grounds of or be- ^^^^ nham. longing to Haddenham in the said Isle of Ely and county of Cambridge, tliree hundred seventy-eight acres, (that is to say) out of the fen called Gaul Fen three hundred and nine acres at the east part thereof abutting upon Berry Fen ; and the residue, being sixty-nine acres, out of the common fea called Berry Fen aforesaid, at the west side thereof, abutting upon Gaul Fen aforesaid 378 Out of the several fen grounds of or be- longing to Haddenham aforesaid, one hun- dred thirty and eight acres, (that h to say) 270 APPK^fDlX. out of the several ten qround called Ewell Fen, thirtv-six acres and two roods at the ^vest part thereof, abutting upon Gaul Fen and the Delfs in Haddenham ; out of the mow fen called Lindon Doles, nine acres at the south side thereof, abutting upon the river Ouse , out of the several fen called Priest's Croft, one acre at the south end thereof next the river Ouse ; out of the greater fen ground called Hill Doles, twelve acres and twenty perches at the north side thereof next Haddenham small fen ; out of the lesser fen ground called Hill Doles three acres, one rood and twenty perches, at the north end thereof next Sutton Mead lands j out of the several fen grounds called Over Delfs and Pingles, being eighteen in num- ber, lying on the south side of Erith causey, between the several fen grounds of Edward Carter and Henry White, forty-two acres, as the same is already by lockspits or small trenches proportionably divided and set out at the south end of every of the said eigh- teen several fen grounds, abutting upon the river Ouse ; out of the several fen grounds called Nether Delfs, lying between Erith Causey and the said fen called Gaul Fen, being fifteen in number, twenty-nine acres, three roods and twenty-two perches, as the same is already also set out proportionably, andbylcckspits or small trenches severed and divided from every of the said fifteen'several fen grounds ; out of the several fen ground now or late in the tenure or occupation of Henry White, lying next Ewell Fen, one acre and ten perches at the north end there- APPENDIX. 2/1 of, abutting upon the bank of Evvell Fen aforesaid ; out of the several fen grounds now or late in the tenure or occupation of Thomas Pamplin, Gent., lying on the north side of Erith Causey, two roods at the east end thereof, abutting upon the angle of the said Causey ; out of the several fen ground called Calley Croft, lying on the north side of Erith Causey, two roods and eight perches at the west end thereof, abutting upon the said Causey; out of the several fen ground of Humberston March, Esq. lying on the north side of Erith Causey, one acre at the west end thereof; out of the several fen ground now or late of Richard Wine, Gent., lying on the north side of Erith Causey, near Erith Bridge, one rood and ten perches at the east part thereof, abutting upon the said ground of Humberston March aforesaid ; and out of the several fen ground lying be- tween Audrey Causey and Evvell Fen afore- said, two roods and thirty perches at the south end thereof - - - 138 Out of the common fen grounds of or be- Wilburton. longing to Wilburton, in the said Isle of Ely and county of Cambridge, one hundred se- venteen acres and two roods out of the fens called Skeg Fen and Rush Fen, at the west sides of the said fens, abutting upon the common fens of Haddenham, the river Ouse and the hard lands of Wilberton aforesaid - 117 2 Out of the several fen grounds of or be- longing to VVilberton aforesaid, six acres and two roods, (that is to say) out of the several fen ground of Sir Miles Sandys, Knight, fifteen perches abutting upon Skeg Thetford. #^ 2/2 APPKNDIX. Fen; out of tlie several ground now or late of Ware, yeoman, thirty perches abutting also upon Skeg Fen ; out of the several feu ground now or laic of Sanders, yeoman, fifteen perches abutting also upon Skeg Fen ; and out of the several fen ground of Thomas Towers, Gent,, six acres and twenty perches at the west part thereof, abutting also upon Skeg Fen and the bank of the river Ouse - -620 stretham and Out of the common fen grounds of or be- longing to Stretham and Thetford in the said Isle of Ely and county of Cambridge, one hundred twenty-two acres and two roods out of the mow fen of Stretham aforesaid, called Chair Fen Plain, at the east side thereof, abutting upon Chitlering Dike and the river Ouse - - - 172 2 Out of the several Yen grounds of or be- longing to Stretham and Thetford aforesaid, seventy-seven acres and two roods, (that is to say) out of the several fen grounds of Sir Miles Sandys, Knight, sixty acres ; out of the several fen ground called Fidwell Fen, at the south-east end thereof, abutting upon the severals of Wickin and the Joyst Fen in Water Beach ; out of the several fen ground called Langmore, two acres and one rood at the north-west end thereof, next the common fen called Gould's Moor ; and out of the several fen grounds of Thelford afore- said, called the Boat's Gangs, fifteen acres and one rood; (viz.) the intire several fen ground called theLong Roods, abuttingupoa Wickin Fen, containing nine acres one rood and ten perches ; the intire fen ground APPENDIX. called the Short Roods, abutting upon So- ham Fen, containing two acres and five- and-twenty perches ; out of the several ground of Oliver Cromwel, Gent, called Moonshell, thirty-five perches at the south side thereof, abutting upon the said fen called Short Roods; out of the several fen of John Gislingham, Gent, called the Lot, thirty-five perches at the east end thereof, abutting upon the Common Lots ; the intire fen ground called Common Lots, abutting upon the Long Roods aforesaid, containing two acres and three roods ; and the intire Common Lot lying near Harrimore House, between the ^rivers Ouse and Grant, con- taining two roods and fifteen perches - 77 2 Out of the common fen grounds of or be- Ely. longing to the town and city of Ely, in the said Isle of Ely and county of Cambridge, one thousand three hundred and forty acres, (that is to say) out of the common fen called Little Shell or East Eastmore, ninety-two acres at the west side thereof, abutting upon the common fen called Great Shell ; and the said intire common fen called Great Shell, containinij one thousand two hundred and forty-eight acres - . - 1340 Out of the several fen grounds of or be- longing unto the town and city of Ely aforesaid, two hundred twenty and four acres, (that is to say) out of the several fen ground of or belonging to Shippey Farm, forty acres at the south part thereof, abutting upon the common fen called Great Shell ; out of the several fen ground of or belonging to Quanie Farm near Stuntny, one intire fca ground T 273 274 APPENDIX. called the Bye, encompassed with the coin- mon fens of Ely, containing twelve acres ; out of the several fen ground of William March, Esq. calledSpainDelfJying near unto Shippey Farm, eight acres at the north-east end thereof; out of the several fen grounds of or belonging to Thorney Farm, forty- seven acres at the south-east part thereof, abutting upon the several fen grounds of Norney Farm and the several fen ground of Sir Robert Heath, Knight, in Soham, called Great Metlam ; out of the several fen grounds of or belonging to Norney Farm, seventy-nine acres abutting westward upon the Black Bank, northward upon the grounds of Thorney Farm, and southward and east- ward upon the residue of the same fen ground of Nome}' ; out of the several fen grounds late of or belonging to Sir Simon Steward, Knight, lying in Stuntny Farm, two and twenty acres at the east part there- of, abutting upon the grounds of Norney Farm ; out of eight several fen grounds lying between the common fens called Dun- stal, the several grounds of Thorney Farm and Stock Lode, twelve acres, as the same is lockspitted and set oui at the north-east ends of the same grounds abutting upon Stock Lode aforesaid and the grounds of Thorney Farm aforesaid ; and out of the several fen grounds of Bream Farm, four acres at the south-east end thereof next the River Ouse - - - 224 O Out of the common fens of or belonging to Stuntny, thirty-two acres abutting east- ward upon Soham Causey, and southward APPENDIX. 275 Itjpon the common fens of Soham, called the Borders. - - - 32 Out of the intercommon fen grounds of or Littlepoit. belonging to Ely Downham and Litlleport in the said Isle of Ely and county of Cam- bridge, or to some or one of them, four thousand two hundred and ninet}-^ acres ; (that is to say) one intire common fen called Lowell Moor, containing one hundred seventy-four acres ; and the residue, being ^our thousand one hundred and sixteen acres, out of the great common fen called ^Vhelp Moor abutting north-eastward upon part of the same fen, lying near Priests riouses, the several fen grounds of Thomas jribbon, Esq. ; the several fen grounds called Redmore Grounds, and the several en grounds of William Heveningham, Esq.; md southward upon the said common fea called Lowell Moor ; the common fen of ily, called Great Shell, and the several fen grounds of Shippy Farm and Spain Delf, and oward the north-west upon the river Ouse 4290 Out of the several fen grounds of or be- oiiging to Littleport aforesaid seven hun- Ired acres; (that is to say) out of the several mbanked fen ground of or belonging to Sir ^liles Sandys, Knight and Baronet, three mndred acres at the north-east end thereof, ibulting norlh-westward upon the several en ground of Thomas Towers, Gent, north- ■astward upon the several fen ground of Sir l(,nry Willoughby, Knight, and Thomas Tyrel, Gent, and south-eastward upon a lose, parcel of the same imbankcd grounds, ind the bank of the said grounds near unto ,2 276 APPENDIX. the house called the Chain House near the river Ouse; out of the several fen ground of or belonging to Thomas Towers, Gent, called Crouchmore, seventy acres abutting upon the several fen grounds of Sir Henry Wil- loughby, Knight, and the said inbanked grounds of Sir Miles Sandys aforesaid ; out of the several fen ground of or belonging to William Hawkins, Gent, called also Crouch- more, fifty-five acres at the north part of the same fen, abutting upon the common fen called Hale Fen, and the several fen ground of Sir Henry Willoughby, Knight ; out of the several fen ground of Thomas Tyrell, Gent, lying near Priests Houses, twenty- seven acres at the west end of the same ground; out of the several fen ground late of Nicholas Milsop, lying near Apeshall, called the Wood-ground, fourteen acres at the north-west part of the same ground, abutting upon Westmore and the several grounds of Apeshall Farm aforesaid ; out of the several fen grounds of or belonging to to Apeshall Farm aforesaid thirty acres ; out of the several fen called Garners, abutting upon the common fen called Westmore and the river Welney ; out of the several fen grounds now or late of Henry Milsop, Gent, twenty-acres ; out of the several fen called Archdeacon Croft, at the west part thereof abutting upon the said several fen ground of Thomas Milsop and the said river of Wel- ney ; out of the several fen ground called Code's Croft, five acres, two roods, and twelve perches at the north-west side of the same ground ; out of the several fen ground APPENDIX. of Thomas Crab, five acres, two roods, and twelve perches at the north-west side thereof; out of the several fen ground of Roger Collin, three acres, one rood, and ten perches at the south-east side thereof; out of the several fen ground of John Smith, adjoining to the Vicarage Croft, one acre, three roods, and twenty-five perches at the north-west side of the same ground; out of the adjoining several fen ground now or late of John Home, one acre, three roods, and twenty-five perches u the south-east side of the same ground; out jf the several fen ground of John Hand, four acres, one rood, and thirty perches at the north-west side thereof; out of the adjoining several fen ground of Widow Alderton, four icres, one rood, and thirty perches at the south-east side thereof j out of the adjoining icveral fen ground of William Cooke, three icres and twenty perches at the north-west ide thereof; out of the several fen ground low or late of Thomas Wadle, three roods Lud twenty perches at the east side thereof; )ut of the several fen ground of William joals, lying near Cambridge Croft, one acre .nd thirty-two perches at the north end hereof; out of the adjoining several fen ground of Andrew Neale, three roods and wcnty perches at the north end thereof; out if the adjoining several ground of Thomas Jrabbe, one acre and twenty perches at he west end thereof next VV^clney River; )ut of the several fen ground of John Vernell, •ne acre and fifteen perches at the north side hereof; out of the several fen ground of ohn Day adjoining unto Bell Croft, i\\c •cres, three roods, and twenty-five perches 277 278 APPENDIX. at the south side thereof; out of the several fen ground late of Jane Chambers, two acres, two roods, and thirty perches at the eastern corner thereof; out of the adjoining several fen ground of WilHam Smith, one acre, three roods, and fifteen perches at the south side thereof; out of the several fen ground of George Wilson, one acre, three roods, and fifteen perches at the north side thereof ; out of the adjoining several fen ground now or late of John Payne, one acre, two roods, and thirty perches at the south side of the same ground ; out of the several fen ground of John Goates, lying near the grounds of Apshall Farm, three acres, one rood, and thirty perches at the north-west side thereof; out of the adjoining several fen ground of Robert Aspland, one acre, two roods, and twenty-five perches at the south-east side thereof; out of the adjoining several fen ground now or late of Thomas Milsop, one acre, two roods, and twenty-five perches at the north-west side thereof ; out of the several fen ground now or late of Robert Groom, two acres, one rood, and twenty-five perches at the south-east side thereof; out of the several fen ground of Sir Miles Sandys, Knight and Baronet, six acres and fifteen perches at the north end of the ground adjoining to New Dike ; out of the several fen ground of John Milsop, six acres, one rood, and ten perches at the south-east side thereof abutting upon New Dike ; out of the several fen ground of Henry Meadows, seven acres, two roods, and thirty perches at the west side of the same ground j out of the several fen ground now or late of Robert APPENDIX. 279 Alexander, one acre, two roods, and twenty perches at the east side thereof; out of the adjoining several fen ground of William Haukins, two acres and ten perches at the west side thereof; out of the several fen ground now or late of John Crabbe, adjoining to the ground called the Common Acre, three acres at the north end thereof; out of the several fen ground now or late of Tho- mas JVlilsop the elder, adjoining to Arch- deacon Croft, three acres and one rood at the south end of the same ground abutting upon Welney River; out of the several fen ground now or late of Richard White, adjoin- ing to the afore-mentioned ground of Thomas IMilsop, one acre, one rood, and fifteen perches at the south-east corner of the same ground next Welney River ; out of the several fen ground now or late of William Wright, three acres and three roods on the west side thereof adjoining to the ground belonging to Welney Chapel ; out of the said several fen ground belonging to Welney Chapel, one acre at the east corner thereof; out of the adjoining several fen ground of Christopher Clark, two acres and three roods at the west side thereof; out of the several fen ground now or late of Nicholas Veres, one acre, two roods, and twenty perches at the south-east side of the same ground ; oul of the several fen ground now or late of Richard Mares, one acre, one rood, and twenty perches"' at the west side thereof; out of the several fen ground now or late of Thomas Sharp, throe acres, two roods, and twenty perches at the west side thereof ; out of the several hi'i ground of Thomas 280 APPENDIX. Wilson, near adjoining to the fen ground called the Hundred Acres, three acres and one rood at the east side thereof; out of the adjoining fen ground now or late of Thomas Milsop, nine acres, one rood, and twelve perches at the west side thereof; out of the several fen ground of Richard Ward, three acres at the east part thereof; out of the several ground of Robert Lukin, Esq.; being j)art of the ground called the Hundred Acres, fourteen acres at the west side thereof; out of the several ground of Widow Crab, being also part of the ground called the Hundred Acres, sixteen acres and three roods at the west side thereof; out of the several fen ground of John Cole, Gent, adjoining to the ground called Garners, seven acres, two roods, and ten perches at the east part thereof abutting upon Welney River; out of the several fen ground now or late of AVilliam Johnson, four acres and two roods at the north-west corner thereof abutting^ upon Welney River ; out of the several fen grounds of Goats, Yeoman, adjoining to the Common Acre, three roods and ten perches at the north-west side thereof; out of the several fen ground of John Day, ad- joining to the common acre, one acre, two roods, and twenty perches at the south-west end thereof; out of the several fen ground of Thomas Plumme and Thomas Clarke, one acre and ten perches at the south end thereof next the wood grounds of Apshall Farm ; out of the several fen grounds of Samuel Kinswick, at the south end thereof, one acre, one rood, and ten perches ; out of the several ground now or late of Thomas APPENDIX. 281 ! Paj'nter, one acre, two roods, and twelve I perches at the south-west end thereof; out [of the several fen ground of John Hand, adjoining unto the fen ground called Apshall aforesaid, one acre, one rood, and twenty perches at the south-west end thereof; out of the several fen ground now or late of Thomas Boughton, three roods and twenty perches at the north-west part of the same ground ; out of the several fen ground now or late of John Glasier, one acre and thirty- five perches at the north-west end thereof; out of the several fen ground now or late of Thomas Milsop, called Whinne-bush Croft, three acres and twenty perches at the north- west part thereof; and out of the several ground called Cambridge Crofts, eight acres, two roods, and ten perches at the west side thereof abutting upon Welney River and the Mare Fen - - - 700 O Out of the several fen ground of or be- longing to Thomas Gibbon, Esq., lying between the common fen called Whelp ^luor, and the river of Brandon, one hun- dred and ninety acres at the south end thereof abutting upon the fen grounds called Redmore Grounds - - - 1 90 Out of the several fen grounds called Redmore Redmore Grounds, lying between the said Grounds, common fen called VVhelpmore and the river of Brandon, one hundred twenty-six acres at the south part of the same grounds, abut- ting upon the several fen ground of Wil- liam llcvcningham, Esq., and the said river of Brandon - - - - 12G Out of the common feu grounds of or be- Dowiihamm tUe Ulc. 282 APPKNOrX. longing to Downhaiu, in the; said Isie of Ely and county of Cambridge, called West Fen, three hundred eighty-eight acres and two roods abutting south-westward upon the common fen grounds called Pye Moor and Ashwell Moor - - - 388 2 Out of the several fen ground of John Carter, lying near Downham Hive, one acre and two roods at the north-east corner thereof 12 Wcstmoor. Out of the great intercommon fen called Westmoor and Cranmoor, in the said Isle of Ely and county of Cambridge, five thousand acres, (that is to say) three thousand acres on the south side of Bedford River, bounded north-westward with the same river, eastward with Welney River and the several fen grounds of Littleport and Welney adjoining to the said river of Welne}', and westward with Oxcwillow Lode; and the residue, be- ing two thousand acres, out of that part of the said fen that lieth on the north side of Bedford River aforesaid, abutting upon the said river and Oxewillow Lode aforesaid - 5000 Coveney. Out of the common fen ground called Hale Fen, lying in or near Coveney in the said ' Isle of Ely and county of Cambridge, one hundred and eighty acres, abutting eastward upon the hard lands of Coveney, and the gravel-way leading to Coveney, and on all other parts upon the residue of the same fen 180 Out of one other common fen ground lying in or near Coveney aforesaid, called Ashwell Moor or Sedge Fen, four hundred twenty-three acres, abutting eastward upon Pye Moor, westward upon the several fen ground of Coveney called Hale Fen, and API'BNDIX. 283 northward upon West Fen in Downli;un aforesaid - - . - 423 Out of the several fen grounds of or be- longing to Coveney aforesaid, called the Great Dams, one hundred fifty-seven acres, three roods and ten perches ; (that is to say) out of the several fen ground of John Da- vies, three acres, two roods and ten perches at the north-west end thereof; out of the several fen ground of Thomas Whine, junior, three acres, one rood and twenty-four per- ches at the south-east end thereof; out of the several fen ground of William Smith, two acres, three roods and thirty-six perches at the south-west side thereof; out of the several fen ground now or late of Thomas Watson, three acres, three roods and twenty perches at the north-west end thereof; out of the several fen ground now or late of John W^atson, two acres, three roods and thirty perches at the north-west end thereof; out of the several fen ground of Joan Pope, widow, ten acres, two roods and ten perches at the north-west end thereof; out of the several fen ground of John Linwood, eigh- teen acres and fifteen perches at the north- west end thereof; out of the several fen ground of Richard Gooday, seventeen acres, three roods and ten perches at the north- west end thereof; out of tlie several fen ground of Thomas Smith, three acres and one rood at the east corner thereof; out of the several fen ground of John Smith, three acres and thirty-five perches at the south- east corner thereof; out of the several {\;n i^round of Thomas Winter, adjoining to 284 APPENDIX. Coveney Lode, nine acres ut ihe north-east side thereof" ; out of the several fen ground of Robert Matthews, eight acres, three roods and ten perches at the north side thereof ; out of the several fen ground of Uuniber- stone March, Esq., abutting upon Coveney Lode and the way leading unto Biall Fen, eighteen acres and twenty perches at the south-east end thereof; one intire fen ground of William Sharp, Gent., lying between Biall Fen and the way leading from Biall Fen to Coveney, containing sixteen acres and two roods ; out of the several fen ground of Peter Rider, one acre and thirty perches at the south-west end thereof; out of the several fen ground of John Whinne, three acres, two roods and ten perches at the east end thereof; one intire several fen ground, lying between Biall Fen and the ground of Robert Andrews, containing four- teen acres and two roods ; and out of the several fen ground of Peter Andrews, six- teen acres, one rood and thirty perches at the east end thereof - - - 157 3 10 Out of the several fen grounds of or be. longing to Coveney aforesaid, called the New Dams, fifty- five acres, two roods, and fifteen perches ; (that is to say) out of the several fen ground of Francis Sanderson, two acres and one rood at the north end thereof; out of the several fen ground of Mary Rusden, one acre, one rood and fif- teen perches at the north end thereof; one intire several fen ground of Robert Mat- thews abutting westward upon the hard lands of Coveney, containing fourteen APPENDIX. 285 acres } out of the several fen ground of John Cocke, three acres at the east end thereof; out of the several fen ground called the Town Dam, three acres at the east end thereof ; and three intire several fen gounds of William Sharp, Gent, lying together and abutting upon Ashvvell Moor and the hard lands of Coveney, containing thirty-two acres - - - .'55 2 15 Out of the several fen grounds of or be- longing to Coveney aforesaid, called Hall Fen, thirty acres, three roods and thirty perches, at the east side thereof abutting upon Ashvvell Moor - - - SO 3 30 Out of the several fen grounds of or be- longing to Coveney aforesaid, called Block Moors, nineteen acres, one rood, and five perches; (that is to say) out of the three several fen grounds of John Watson, Agnes Watson, and Hellen Watson, one rood a-piece at the north ends of the same grounds ; out of the several fen grounds of Moses Whitecake, three roods and thirty-four perches at the norlh-west end thereof; out of the several fen ground of John Gavestock, three roods and thirty perches at the north-west end thereof; out of the several fen ground of Mary Allcti, three roods and thirty-five perches at the south-west side thereof; out of the two several fen grounds of John Kaye and John Hill, Clerk, one rood and thirty-eight perches a-piece at the north-west ends of the same grcjunds ; out of the several fan ground of Robert Andrews, one acre and two roods at the north-west end thereof; 2b(J APPKNDfX. out of lilt- several fen grouiul of Ilciiry Biddle, one aere, two roods and ten perches at the nortli end thereof; out of the several fen ground of Katharine Winter, five acres and thirty perches at the west side thereof; out of the several fen ground of Elizabeth Barber, three acres, three roods and ten perches at the west side thereof; out of the several fen ground of Richard Gunton, one rood and thirty-four perches at the north end thereof; out of the several fen ground of Thomas Meakes, one rood and twenty- six perches at the north end thereof; and one intire fen of William Sharp, Gent, ad- joining eastward upon the hard lands of Coveney, containing one acre and three roods - - - - 19 1 05 Out of the several fen grounds of or be- longing to Coveney aforesaid, called the Pnigles, thirteen acres, one rood, and twenty perches; (that is to say) one intire several fen ground of Thomas ^^'inter, lying be- tween the hard lands of Coveney and Coveney Lode, containing eleven acres; and out of the several fen grounds now or late of Thomas Hobbie and Francis San- derson, two acres, one rood and twenty perches at the north-west end thereof - 13 1 20 Biall Fen ^^^ ^^ ^^^ great intercommon fen ground, called Biall Fen, in the said Isle of Ely, and county of Cambridge, two thousand and two hundred acres ; (that is to say) two thousand acres abutting upon the north- west side of Bedford River, and westward upon Langwood Fen and Wicham Mead Lands, and south-westward upon Gaule APPBNDfX. 287 Fen in Mepall; and two hundred acres abutting upon the south-east side of Bed- ford River and Oxwillow Lode - - 2200 Out of the common fen grounds of or be- Maney. longing to Maney, in the said Isle of Ely and county of Cambridge, called the Dams, abutting upon Stoney Fen, two hundred and thirty acres at the west side thereof abuting upon Twisle Lode - - 230 Out of the several fen grounds of or be- longing to Mane\' aforesaid, twenty acres; (that is to say) out of the several fen grounds of Robert Neale, adjoining to the Dams of Maney aforesaid, ten acres abut- ting upon Twisle Lode and Stoney Fen in Dodington ; out of the several fen ground of Thomas Sisson, lying next Cranmore, three acres at the east side thereof; out of the several fen ground of Richard ^^'e]lbie, thirty-six perches at the north end thereof; out of the several fen ground of George \\ right, one rood and six perches at the north end thereof; out of the several fen ground of Nathaniel Thinne, two roods at the north end thereof; out of the several li II ground of John Sisson, two roods and twenty perches at the south corner thereof; (Mil of the several fen ground of Wil- liam Jenes, one rood and thirty perches at the east corner thereof; out of the se- veral fen ground of Oliver Galloway, two roods and thirty perches at the south end tliLTCof; out of the several fen ground of Jeremy Freeman, one rood and thirty-four f'< rches at the west end thereof; out of the eral Holt fen grounds of John Gouldcn, 288 APPENDIX. Wichford. Gruntey Fen. ^Yicham• two roods and twenty perches at the south end thereof; out of the seven Holt fen ground of John Hill, twenty perches at the south end thereof; out of the several fen ground of William Harrison, two roods at the south end thereof; and out of the se- veral fen ground of William Freeman, two acres, two roods and four perches at the south-east side thereof - - 20 Out of the common fen ground called Pye Moor near Wichford, in the said Isle of Ely and county of Camhridge, one hundred fifty- two acres abutting upon Downham West Fen and Ashwell Moor - - 152 Out of the common fen ground called Gruntey Fen, in the said Isle of Ely and county of Cambridge, four hundred twenty- six acres abutting north-westward upon the hard lands, and on all other parts encom- passed with the residue of the said fen - 42G Out of the common fen ground of or be- longing to Wicham in the said Isle of Ely and county of Cambridge, called Widdon, ten acres abutting westward upon the several fen grounds of Mepall called Widdon, and northward upon the several fen grounds of Wicham called Cawcroft - - 10 Out of the several fen grounds of Wi- cham called Cawcroft, consisting of the lots or doles of divers persons, twenty-nine acres and two roods, as the same is lockspitted and set out at the north end of the same lots next Biall Fen - - - 29 2 Out of the several fen grounds of Wi- cham aforesaid, called Wicham Mead Lands, thirty acres and two roods ; (that is to say) APPRNDIX. out of the several fen grounds of George Peacock, Thomas Gooday and John Merell, three acres and one rood, as the same is lockspitted, divided and set out at the west end of the same grounds abutting upon Mepall Gaul Fen; out of the lots or doles lying between the last mentioned grounds and the lot or dole of John Belwood, belong- ing to divers persons, twelve acres, three roods and ten perches, at the norlh-west end thereof abutting upon Block Fen ; out of the lots or doles lying between the great lot of George Peacock and the old Dairy House of John Merrell, belonging unto divers persons, seven acres, one rood and thirty perches at the south end thereof, abut- ting upon Biall Fen ; out of the tvro lots of the said John Merell and of Chap- man, Gent., called North Doles, seven acres, as the same is lockspitted, divided and set out, at the north ends of the same doles abutting upon Langwood Fen - - 30 2 Out of the common fen ground of or be- Mepall. longing to Mepall, in the said Isle of Ely and county of Cambridge, called Gaule Fen, fifty-three acres abutting upon the north side of Bedford River, and upon Biall Fen - - - - 53 Out of the common fen grounds of or be- longing to Mepall aforesaid, called Wid- don, eight acres; (that is to say) out of the several fen ground of Robert Brown, two roods and two [)crches at the north cud thereof; out of the several fen ground of Clinch, lying next but one to the said ground of Robert Brown, three roods IT 280 2iX) APPKNDIX, and eighteen perches at tlic north-east end thereof next Wicham sevcrals ; out of the adjoining several fen grounds of Thomas Whinnc, three roods and seventeen perches at the north-cast end thereof; out of the several fen ground of Bradford, Gent, one rood and thirty-five perches at the cast end thereof; out of the several fen grounds of William Smith, two roods^ and twelve perches at the eastern end thereof; out of the adjoining several fen ground of Thomas Aspland, one acre at the eastern end thereof; out of the several fen ground of John Phi])pe, two roods and two perches at the eastern end thereof; out of the several fen ground of George Aspland, one rood and thirty-four perches at the east end thereof; out of the several fen ground in the occupation of Widow Smith, one rood and thirty perches at the cast end thereof; out of the several fen ground of Edmund Aspland, one rood and thirty perches at the east end thereof; out of the several fen ground of John Addams, three roods and eight perches at the east end thereof; out of the several fen ground of John Whiting, two roods and eight perches at the east end thereof; and out of the se- veral fen ground of William Whinnc, two roods and four perches at the east end thereof - - - -800 Out of the several fen grounds of Mercy Carter, widov.', belonging to Mepall afore- said, twenty-five acres at the north end of the ground called the Holts - - 23 O Out of the several fen ground in Mepall APrENDIX. 291 aforesaid, called Fur Fen, twelve acres, three roods and four perches at the south side thereof abutting upon Bedford River 12 3 4 Out of the several fen ground of • Gederil, Gent, lying between Gaul Fen and Wicham Mead lands, six acres and two roods at the north-west end thereof - 6 2 Out of the several fen ground of John Phippe, lying in Mepall aforesaid, abutting upon Block Fen, one acre and twenty-two perches at the south end thereof - 1 22 Out of the several fen ground of Wigmore, Gent, lying in Mepall aforesaid, and joining unto Block Fen, one acre, two roods and thirt}^ perches at the north-east end thereof - - - 1 2 30 Out of the several fen ground of Thomas Aspland, h'ing in Mepall aforesaid, adjoin- ing also unto Block Fen, one acre and one rood, and twenty- four perches at the north end thereof - - - - 1 1 24 - Out of the several or late inclosed fen Mepall seve- grounds of Mepall aforesaid, called Block Fen or Block Moor, 13'ing on the north side of Bedford River, one hundred thirty-nine acres and two roods ; (that is to say) out of the grounds of Thomas Whinnc, and divers others, lying together undivided, adjoining unlo North Fen in Sutton, fourteen acres, three roods and five perches abutting upon JJedford River aforesaid ; one intire fen ground of John Whinne, abutting upon Sutton North Fen, containing one acre and li two roods ; out of the several fen grounds of Thomas y\splarul, John Adams, James Adcroft, Richard Holding, William Bird, i; 2 rals. 292 APPBNDIX. aod Widow Ratham, adjoining unto SullOrr North Fen, eleven acres, three roods and ten perches, as the same is proportionably set out and lock-spitted, at the west ends of the same grounds next Sutton North Fen aforesaid ; out of the several fen ground of Thomas Aspland the Elder, ad- joining to Sutton North Fen, three acre* and thirty perches at the north side thereof, out of the several fen ground of Widow Brown, adjoining upon Sutton North Fen, two acres, two roods and ten perches at the west end thereof; out of the several- fen grounds lying between the said ground of Widow Brown, North F'en in Sutton, the grounds of Chatteresse, and the way in Me- pall Block Fen, sixty acres, three roods and thirty-four perches, proportionably set out, lockspitted and divided from every of the said grounds ; out of the several fen ground of Wigmore, Gent, abutting upon Bedford River and the way in Block Fen, one acre abutting upon Bedford River aforesaid ; out of the several fen ground of Mercy Carter, Widow, lying between Fur Fen and the way in Block F'en, eighteen acres and fifteen perches at the north end of the same grounds ; out of the several ground of George Wabie, adjoining unto F"ur Fen, three acres at the east end thereof; out of the several fen ground of George Aspland, adjoining upon two fen srrounds of Widow Ratham, two acres, three roods and thirty-two perches ; out of the several fen ground of Thomas Whinne, lying between the grounds of APPENDIX. 293 Ric'iard Cooper and John Adams, three acres at the west end of the same ground; out of the several fen ground of John Adams, lying between the grounds of Tho- mas VVhinne and William Whinne, three acres and ten perches at the north side thereof; out of the next adjoining several fen ground now or late of William Whinne, three acres and one rood at the east end thereof; out of the next adjoining several fen ground now or late of Thomas VVhinne, three acres, two roods and eighteen perches : and out of the several fen grounds now or late of Richard Cooper, adjoining upon ' Block Fen in Chateresse, six acres, two roods, and thirty-six perches at the north side thereof - - - -139 20 Out of the several fen ground called Middle Suttoa ou the Moor, lying in Sutton in the said Isle of Ely '^''^' and county of Cambridge, thirty-seven acres abutting upon the south side of Bedford River - - - - 37 Out of the fen grounds in Sutton afore- said, called North Mead-lands and South Mead-lands, one hundred seventy-five acres, abutting upon the Middle Moor aforesaid, and upon the north side of the said New River called Bedford River - - 175 Out of the several fen ground of Perry Jederel, Gent, lying in Sutton aforesaid, near the place called Sutton Gravel, and encompassed with divers osier Holts, one acre and one rood at the east end thereof I l Out of four other antient several fen grounds in Sutton aforesaid, lying near Erith Causey, called Cocks Nests, four acres and 294 APPENDIX. three roods ; (that is to sa^) out of the grounds belonging to the Dean and Chapter of Ely, one acre, two roods and twenty perches, at the south side thereof; out of the ground of Drury, Gent, one acre, two roods, and ten perches at the south side thereof; out of the ground of Carter, Gent, three roods and twenty perches at the south side thereof; and out of the grounds of John Taylour, two roods and thirty per- ches at the south side thereof Out of the several or late inclosed fen grounds of or belonging to Sutton afore- said, lying on both sides of the said New River called Bedford River, eight hundred sixty and two acres ; (that is to say) out of the several and late inclosed fen grounds lying on the north side of the said New River, six hundred acres; (viz.) out of the several fen grounds called Little Halwood, forty-three acres, one rood and fifteen per- ches at the south part of the same ground, abutting upon the fen ground called North Mead-lands and the West Water; out of the several and late inclosed fen grounds lying in West Fen on the north side of Bed- ford River, being one hundred and sixteen in number, two hundred fifty-eight acres, three roods and eleven perches, as the same is already by lockspits or small trenches proportionally set out and divided from every of the said hundred and sixteen several fen grounds ; out of the several and late inclosed fen grounds lying in Middle Fen, on the north side of the said river, being eleven in number, twenty-lhree acres and eleven per- APPENDIX. 295 ches, as the same is also already by lockspits or small trenches proportionally set out and divided from every of the said eleven several fen grounds; out of the several and late in- closed fen grounds lying in North Fen, on the norlh side of the said river, being ninety- four in number, two hundred seventy four acres, three roods and three perches, as the same is also already by lockspits or small trenches proportionally set out and divided from every of the said ninety-four several fen grounds _ _ _ 600 Out of the several or late inclosed fen Sutton, Soutk crounds of or belonging to Sutton aforesaid, of Bedford o o o ^ River. lying on the south side of Bedford River, being one hundred twenty-two in number, two hundred sixty- two acres, as the same is already by lockspits or small trenches pro- portionally set out, severed and divided from every of the said one hundred twenty-two inclosed grounds ; (that is to say) out of the inclosed fen grounds called Tween Ditches, being eight in number, fourteen acres, as the same is proportionally set out as aforesaid; out of the late inclosed grounds called Manyman's Doles, lying between Sutton Causey and the way leading to South Mead-lands on the south side of Bedford River, being four in number, five acres, two roods and twenty-four perches, as the same is also set out and divided as aforesaid. Out of the late inclosed fen grounds, lying be- tween South Mead-lands, the said grounds calledTween Ditches, the said grounds called Manymnn's Doles, Sutton, Gruvcll, the hard lands of Sutton, the grounds of divers men 3SG APPENDIX. in South Fen lying undivided, the ground of Robert Gunton al)ultiiig upon Iladdenham Fen, and the common fen ground of Had- denham called Small Fen, being fifty-seven in number, ninety-one acres, one rood and thirteen perches, as the same is also set out and divided as aforesaid ; out of the late inclosed fen grounds, lying between the fen ground of Robert Peacock, abutting upon Iladdenham Common aforesaid, the several fen ground of Jederel, Gent, lying in South Fen aforesaid, the hard lands of Sutton, the common fen grounds of Went- worth, and the said common fen of Had- denham called Small Fen, being twelve in number, seventy-two acres and ten perches, as the same is also set out and divided as aforesaid ; out of the late inclosed fen grounds lying between Sutton Gravel, North Mead-lands, and the grounds in West Fen, and called also Manyman's Doles, being nine in number, thirteen acres, two roods and sixteen perches, as the same is also set out and divided as aforesaid ; out of the late inclosed fen ground called the Berry Lot, fourteen acres and seventeen perches, as the same is set out and divided as aforesaid, at the south-west part thereof; out of the late inclosed fen grounds lying in West Fen, on the said south side of Bedford River, being fourteen in number, twenty-two acres, as the same is also set out and divided as afore- said J out of the late inclosed fen grounds lying between West Fen aforesaid, the Gaultway and the hard lands of Sutton,, being four iu number, six acres and twenty APPENDIX. 297 perches, as the same is also set out and di- vided as aforesaid; and out of the late in- closed fen grounds lying between the said Gaultway, the said New River called Bed- ford River, the grounds of Mepall, and the hard lands of Sutton, being thirteen in number, twenty-three acres and twenty per- ches, as the same is also divided and set out as aforesaid _ _ _ 262 Out of the common fen grounds of or be- Chartresse. longing to Chartresse, in the said Isle of Ely and county of Cambridge, three thou- sand eight hundred and twenty-six acres ; (that is to say) out of the common fen called IS'ormore, one thousand six hundred and ten acres, abutting upon Dodington Leame and the hard lands of Honey ; out of the com- mon fen called Langwood Fen, nine hundred and twenty acres adjoining upon Block Fen, and the fen called Wenney or Whinney Fen, and the Mead Lands of Wickham ; out of the said common fen ground called Wenney or Whinney Fen, three hundred acres abutting upon Langwood Fen and Block Fen aforesaid ; out of the common fen ground called Rough West Moor, five hundred ninety-six acres at the north part of the same fen, abutting upon the common fen called Beeselings, and the hard lands called Willy Heath ; and out of the common fen grounds called Curfe and Gore, four hundred acres, abutting upon Dodington Leame and the gravel way near the old Eawe leading unto Dodington - - 382G Out of the several fen grounds of or be- longing unto Wendy, Esq., lying 298 AI'i'KNDFK. in Chartrcssc aforesaid, being parcel of the several fen called Abbot's llolwood two hundred ihirly-fonr acres, abulling upon the several grounds in Charlresse aforesaid, called the Old H;uies, and upon the West Water . - . _ 034 Out of the fen ground in the several pos- session of Besleney Belts, Esq. called Block l^'en, eighty-nine acres and a half, abutting upon Wicham Headlands and Longwood Fen aforesaid - - - 89 2 Out of the several fen grounds in Char- lresse aforesaid, called the Old Hanes, one hundred and five acres, one rood and twenty perches, as the same is already j)roportion- ally by lockspits or small trenches divided and set out 3 (that is to say) out of the ground called the Town Meadow, two acres, two roods and thirty-three perches at the south-east part thereof; out of the ground of Besteney Bruce, three acres, one rood and thirty perches at the north-east part thereof; out of the ground of Widow Matthews, four acres, two roods and thirty perches at the south end thereof; out of the ground of Trice, Gent., called Pickerell's Fen, four acres and one rood at the south end thereof; out of the ground of Thomas Kcete, two acres, two roods and five perches at the north-west end thereof; out of the ground of John Legerton, two acres, three roods and thirty-two perches at the north-west end thereof; out of the ground of William Dring, four acres and six petchcs at the north-east part thereof; out of the ground of Richard Reade and William Dring, two acres, three APPENDIX. roods and ten perches, at the north-east part thereof; the intire fen ground of Robert Vintner, Gent., lying between the grounds of Besteney Bruce aforesaid and Richard Campe, containing eleven acres, three roods and twenty perches ; out of the said ground of Thomas Campe, one acre and two roods at the east end thereof ; out of the ground of John Tye, one acre and two roods at the east part thereof; out of the ground of Robert Rash, Reynold VValsham and Thomas Curde, five acres, two roods and fifteen perches, set out as aforesaid, at the east part of the same ground ; out of the ground of Widow Duke, two acres at the north part thereof; out of the ground of Thomas Tye, two acres, two roods and twelve j)erches, at the north-west part thereof 5 out of the grounds of Robert Bruce, Robert Reade, William Dring, and Robert Edges, seven acres, and one rood, set out as aforesaid, at the east ends of the said grounds; out of the adjoining grounds of Martin Bend and Richard Cooper, four acres and one rood, set out as aforesaid, at the east ends of the said grounds ; out of the grounds of Richard Lambe, John Reade, Thomas Wright, Thomas Rose, and John Reason, se- ven acres and ten perches, set out as afore- said, at the east ends of the said grounds ; out of the ground of Castle, Gent. lying next the several ground of Wen- dye, Esq. in Abbots liohvood aforesaid, nine acres, two roods and ten perches at the north-cast corner thereof; out of the ground of Thomas Reade, one acre, three roods and thirty-two perches at the west part thereof; 299 300 APPENDIX. one inlire fen ground of Richard Dring, ly- ing between the lasl-nienlioned ground of Thomas Rendc and the ground of Tlionias Campe, abutting upon the said several ground of VVendye aforesaid, con- taining seven acres, tvi'o roods and ten perches ; out of the ground of John Rutter, six acres, two roods and five perches at the east side thereof, abutting upon the ground of Thomas Campe; and out of the said ground of Thomas Campe, lying next the several fen grounds of Sutton called the Middle, eight acres and three roods, abutting upon the said grounds in Sutton - 105 1 20 Out of the several fen grounds in Chart- resse aforesaid, called Honey Fen, forty acres at the south part of the same grounds, abut* ting upon Langwood Fen and Biall Fen - 40 Out of the several fen grounds of Chart- resse aforesaid, called the Restiges, forty acres and twenty perches ; (that is to say) one intire several fen ground of Besteney Betts, Esq. abutting upon Beeseling's F'ea in Dodington, containing twenty-seven acres ; out of the ground of the said Beste- ney Betts, called the Mile, four acres and sixteen perches at the north end thereof; out of the ground late of Sir Thomas Med- ley, Knight, two acres, two roods and thirty four perches, at the east end thereof; out of the ground of William Reeve, three acres and twenty perches at the east end thereof; and out of the ground of Robert Peyton, Eso. three acres and thirty perches at the east part thereof - - - 40 20 Winlbfington, Out of the common fen grounds of or APPENDIX. 301 belonging to Dodington, March, Benwick Marcli,and and Wimblington, in the said Isle of Ely and county of Cambridge, or to some or one of them, seven thousand seven hundred ninet^'-seven acres; (that is to say) out of the common fen called Pulver Fen, and Turfe Fen, one thousand three hundred acres at the east part thereof, abutting upon the fen called Beeseling's Fen ; out of the said common fen called Beeseling's Fen, three hundred forty-four acres at the south end thereof, abutting upon Westwater ; out of the common fen called Dikamoore, seven hundred fifty-six acres, abutting upon the West Water and the bank called Copalder Bank; out of the common fen grounds cal- led Stoney Fen and Block Fen, one thou- sand and seven hundred acres at the east [)art thereof next unto Maney ; out of the common fen ground called Burrough Moor, five hundred acres, abutting upon Ransome Moor and the river Neane; out of the com- mon fen called Whitemoor, one thousand acres at the north-west part thereof, abutting upon Plant Water and the common fens of Wisbich; out of the common fen called Wich Fen, two hundred acres at the south part thereof, abutting upon Dodington Leame and the common fen called the Stowc Fen ; out of the common fen called the Middle, two hundred acres, abutting upon Plant Water and the River Neane; out of the common IVn called Great Binnie Moor, f(nir hundred and fifty acres at the cast [)art thereof, abutting upon the i\;n called Gray's Fen, and the Lake called the 302 APPJ2NDIX. Old Chair; out of the common fen called Creek P'en, four hundred and sixty acres at the north-east part thereof, abutting north- ward upon the common fen called Ladus Fen, and upon the several fen grounds of Kobert Peyton, Esq.; and out of the com- mon fens called Horse Moor and Little Binnie INloor, eight hundred eighty-seven acres at the east part thereof, abutting upon the imbanked several ground called Horse Moor . . - _ 7797 o Out of the fen called West Fen, b'i"S between the river Neane, Plant Water, Stern Ea, or South Lake, the new dike made from Stern Ea, or South Lake aforesaid, lanto West-fen Close, the said ground called West-fen Close, Whoredome Lake, and Whitlesea Dike, two thousand four hun- dred eightj'-three acres at the south part of the same ground, abutting eastward upon Plant Water and the river Neane, south- ward upon Whitlesea Dike, called at that place Saddlebow Mile, and westward upon Whoredome Lake, West-fen Close, and the new Dike aforesaid - _ - 2483 Out of the imbanked several fen ground late of Robert Peyton, Esq. one thousand five hundred and fifty acres ; (that is to say) out of the several imbanked fen ground, called Stoney Fen, one thousand three hun- dred twenty-five acres at the east part thereof, abutting upon the fen called Chafer Fen, the fens of Maney called the Dams, and the Common Fen called Stoney Fen ; and out of the imbanked several fen ground now or late in the occupation of William Sames, APPENDIX. 303 Doctor of the Law, called Horse Moor, two hundred twenty -five acres at the north-east parts thereof, abutting upon the fens called Gray's Fen and Great Binnie Moor - 1550 Out of the other several fen grounds of or belonging to Dodington, March, Benwick, and Wimblington aforesaid, nine hundred and nineteen acres; (that is to say) out of the several fen "rounds of or beloni'inff to Robert Peyton, Bsq. one hundred thirty- three acres and twenty perches; (viz.) one intire fen Ij'ing in Norwood severals, abut- ting upon the several fen ground of William Wrag, containing one hundred and three acres; one other intire fen ground, abutting upon the bank of Waldersey and a several ground belonging to Henry Finiinore, con- taining eighteen acres and three roods ; and out of a several fen-ground adjoining to the part of Whitemoore, called Mary's Hume, and the several fen ground of Thomas Tyrell, Gent, eleven acres, one rood and twenty perches at the south part thereof next Whitemoore aforesaid - - 133 20 Out of the several fen ground of or be- longing to Robert Balam, Esq. lying near Waldersey Bank, sixty-nine acres, one rood and five perches ; (viz) one intire fen ground abutting upon Soaper's Drove and Walder- sey Bank, containing forty-nine acres, and one rood and five perches ; and out of the several fen ground lying on the east side of Norwood Causey, twenty acres at the west end of the same ground, abutting upon the several ten ground now or late of Widow Southwell - - - - 69 1 5 304 APPKNDIX. Out of tlie several fen grounds of or be- longing to Henry Fininiorc, Gent, lying in March aforesaid, forty-two aeres and two roods at the north-east side of the grounds called Otter Holts, lying near Plant Water, abutting upon Plant Water and the several fen ground of Thomas Shepheard - 42 '2 Out of the several fen grounds of or be- longing to Thomas Tyrell, Gent, forty-five acres, one rood and ten perches ; (viz) one intire several fen ground abutting upon Plant Water and West Fen, containing thirty-five acres and two roods ; and out of his several ground lying in Norwood severals, betwixt two several grounds of Robert Peyton afore- said, nine acres, three roods and ten perches at the west side thereof - - 45 1 10 Out of the several fen ground called the Hundred Acres, lying near unto Maney, twenty-five acres at the south end thereof, next the several grounds of Maney afore- said - - - - 2.5 Out of the several fen ground called Graye's Fen, forty -four acres at the north end thereof, abutting upon Great Binnie Moor - - - - 44 Out of the several fen ground called Reade's Fen, thirty acres, abutting upon Well Pingle and the River Neane. - 30 Out of the several fen grounds of or be- longing to Robert Pierson, twenty-one acres, one rood and thirty-five perches ; {viz.) out of the ground lying near unto Hobbs Dike, eight acres, three roods and ten perches at the south end thereof, abutting upon the old Drove-way ; and out of a several fen ground APPENDIX. of him the said Robert Pierson, lying in the fen called Edmund's Severals, twelve acres two roods and twenty-five perches at the east end thereof, abutting upon the several fen ground of Thomas Tyrell aforesaid - 21 1 35 Out of the several fen ground of William Wragge, lying near unto Grainford, nine acres and three roods and twenty-eight perches at the east side thereof - - 9 3 28 Out of the several fen grounds of or be- longing to Peter Williams, thirty-four acres two roods and ten perches ; (viz.) one in- tire several fen ground lying within a se- veral fen ground of Robert Peyton aforesaid, in Norwood Severals, containing eleven acres ; and out of one other ground of him the said Peter Williams, lying in the fen called Norwood Severals aforesaid, abutting upon the Old Drove-way, twenty-three acres two roods and ten perches at the east part thereof, abutting upon the last-mentioned ground of Robert Peyton aforesaid - 34 2 10 Out of the several fen ground of John Mobbe, abutting upon Waldersey Bank, ten acres and three roods at the north end there- of next the said Bank - - - 10 3 Out of the several fen grounds of or be- longing to John Pierson, twenty-seven acres and two roods ; (viz.) out of the several fen ground lying near unto GreatCross, five acres and two roods at the north part tiiereof ; and out of one other several fen ground in the occupation of him the said John Pierson, abutting upon Plantwater and the several fen ground ot Henry Finimore, twenty-two acres X 306 306 APDENDIX, at the west side thereof, next the fen called West Fen - - - - 27 2 O Out of the several fen ground of Thomas Shepheard, Gent, abutting upon Planlwater and the last-nienlioned several ground of Henry Finimore, fifteen acres at the west side thereof, next West Fen aforesaid - 15 O Out of the several fen ground called West- fen Close, twenty-five acres at the east part thereof, next West Fen - 25 O O Out of the several fen ground called Great Bradney Moor, abutting upon Bishop's Dike and the river Neane, one hundred sixty-two acres and two roods at the north end thereof, abutting upon Wittle- sea Dike - - _ _ 162 2 O Out of the several fen ground called White's Fen, one hundred and nineteen acres and one rood at the west part thereof, abutting upon Glasse Lake and Browne's Fen 1 19 1 O Out of the several fen ground in the tenure or occupation of William Sames, Doctor of the Law, called Brown's Fen or Cooke's Fen, fifty acres and twenty perches at the north-west part thereof, abutting upon Glasse Lake aforesaid - - 50 20 Dod'ington Out of nineteen other small severals be- longing to Dodington, March, and Benwick aforesaid, fift^^-three acres two roods and thirty-two perches, as the same is already proportionally by lockspits or small trenches divided and set out from every of the said nineteen several fen grounds ; (that is to say,) out of the ground of Widow Cattel, lying near Grainford, one acre at the south APPENDIX. 307 end thereof. Out of the ground of Barret, Gent, called Munford's Lands, two acres, one rood and thirteen perches at the south side thereof; out of the ground of Thomas Walsam, called also Munford's Lands, three acres two roods and five perches at the east part thereof, next unto the Droveway ; out of the ground of Thomas Emerson, one acre three roods and fifteen perches at the south side thereof; out of the ground of John Neale, two acres one rood and twenty perches at the north part there- of; out of the ground of Widow Southwald, adjoining unto Norwood Causey, five acres and twenty perches at the north part thereof, abutting upon Waldersea Bank ; out of the ground of William Shepheard, lying in the several fen called Edmund's Severals, three acres and twenty perches at the south end thereof; out of the ground late of Death, Yeoman, lying in the fen called Joane Sadd's Hole, two acres one rood and six perches at the east part thereof; out of the ground of John Shereraan, lying near Burrough Moor, six acres three roods and fifteen perches at the east end thereof ; out of the ground of Everard Buckworth, Esq. lying near Nuses Green, three acres one rood and eight perches at the west side thereof; out of the ground of Thomas South- wold, abutting upon Norwood Green, two roods at the south corner thereof; out of the several ground of Thomas Walsame, lying near Norwood Green aforesaid, three acres three roods and ten perches at the east side thereof; oul of the ground of Reynold Wal- X 'Z 308 APPENDrx, same, lying near Norwood Green aforesaid, two acres three roods and eight perches at the west part thereof, next unto the Common; out of the ground called VVisamouth, four acres three roods and thirty-eight perches at the north-west end thereof, abutting upon the River Neane ; out of a ground near Benwiek called Pagdole, two acres three roods and twenty-four perches at the north- west end thereof; out of the ground of William Smith in Dike Moor, abutting upon Beeseling's Lode and the West Water, four acres at the east end thereof; out of the ground of Samuel Wright, Doctor of Divi- nity, lying iu Dike Moor aforesaid, three roods and ten perches at the north-east end thereof; out of the ground of Widow Cole, lying near Benwiek Meer, one acre at the north end thereof next West Water ; and out of the ground of Robert Burroughs, lying near Benwiek, one acre and twenty perches at the north-east side thereof, abut- ting upon the River Neane. - - 53 2 S2 Wbitlesej-. Out of the common fen grounds of or be- longing to Witlesey in the said Isle of Ely and county of Cambridge, five thousand five hundred twenty-seven acres ; (that is to say) the intire common fen called North Feu, containing one thousand seventy-eight acres, abutting westward upon the mowfens of Witlesey, called Northcy, northward upon the several fen grounds called Prior's Fens, eastward upon Delfe Dike, and southward upon Morton's Learn ; the intire common fen lying between the New Drain or Way, extending from Witlesey to the hard lands of Upwaod, Witlesey Dike, and the new cut or drain called Bevel's Learn, containing two thousand seventy-eight acres, abutting westward upon the said new drain or way, northward upon VVitlesey Dike, and south- eastward upon the said new drain called Be- vel's Learn ; the intire common fen, called South Pingle, containing fifty-nine acres, abutting westward upon the hard lands of Lipney, northward upon the causey leading unto Eldernel, and the several grounds of Eldernel, and southward upon Eastrea Lake or South Lake ; the intire common fen cal- led the Middle, containing seven hundred thirty. four acres, abutting westward upon the several grounds of Eldernel, and upon Lord's Dike, southward upon South Lake or Sterne Ea, eastward upon the dike extend- ing from Morton's Learn, near Mid-fen Tree, unto South Lake or Sterne Ea afore- said, and northward upon Morton's Learn aforesaid ; out of the common fen grounds lying near unto Eastrea, called Eastrea Fen, or the Wipe, nine hundred thirty and two acres, abutting westward upon Begger's Dike, southward upon the new drain called Bevel's Learn, eastward upon the new dike extending from West Fen Close unto South Lake or Sterne Ea, and northward upon South Lake, or Sterne Ea aforesaid ; and out of the common fen ground called the Moor, six hundred forty-six acres al the north-west part thereof, abutting westward upon Sled's Dike, and northward upon the said new drain called Bevel's Lcam - ^5527 Out of the several feu grouud of or be* AVhitirKcy scvonili. 310 APPENDIX. longing to Witlesey aforesaid, called Prior's Fens, one hundred eighty-nine acres, as the same is already divided and inclosed from the residue of the said fens ; (that is to say) out of the ground of Richard Auldfield, fifty acres at the south-east part thereof; out of the ground of Widow Pennie, two acres one rood and twenty-eight perches at the south part thereof; out of the grounds of Henry Prat, Gent, adjoining to the grounds of Richard Auldfield aforesaid, called Ashe Fen, forty-seven acres three roods and twenty perches at the south-west end there- of, abutting upon North Fen ; out of the grounds of John Elkin, Gent, forty-four acres three roods and two perches at the south-east part of the same grounds ; out of the ground of Danson, Gent, three acres one rood and fifteen perches at the west end thereof; out of the ground of Summer, Gent., three acres one rood and fifteen perches at the east end thereof; out of the ground of Arme- sted, Gent, eleven acres three roods and thirty perches at the west end thereof; out of one other ground of the said Henry Pratt, called Cawcroft, nineteen acres three roods and thirty-five perches at the south-west corner thereof; and out of the ground of Rose, Gent, five acres one rood and fifteen perches at the south-east corner thereof - - - - 189 O StangTound. Out of the several fen grounds of or be- longing to Stanground in the county of Huntingdon, called Flegge Fen and White Fen Close, lying in the said Isle of Ely and Al^PENDnC. 311 county of Cambridge, one hundred twenty seven acres, abutting northward upon Mor- ton's Learn, and eastward and southward upon the several grounds of Witlesey - 127 Out of the mowing fen ground belonging to Stanground aforesaid, called Northea, lying in the said Isle of Ely and county of Cambridge, sixty-four acres, as the same is already divided and inclosed at the south- east part of the same ground - - 64 Out of the demean fen grounds of or be- longing to the lordship of Tliorney, in the said Isle of Ely and county of Cambridge, four thousand acres, abutting eastward upon the common fen of Wisbich called High Fen, and the common fen grounds of Sutton in Holland, southward upon the fen grounds of Witlesey, called Bassen Hall Moor, and northward upon the South Ea Bank - 4000 Out of the common fen grounds of or belonging to Sutton in Holland, in the county of Lincoln,' lying in the said Isle of Ely in the county of Cambridge, four hun- dred and forty acres, abutting eastward upon the common fen of Wisbich, south- ward upon the lake called the Wridc, and westward upon the fen ground of Thorney, called Knare Fen _ . „ 440 Out of the common fen grounds of or belonging to Wisbich, in the said Isle of Ely in the county of Cambridge, two thou- sand six hundred forty-eight acres ; (that is to say) one intire fen ground, lying near Guy Hume, between Morton's Leam, the new drain called Bevel'b Leam, Sterne Ea or South Lake, and the common fens in Witle- Thorney. Sutton In Hol- land. Wisbich 312 APPENDIX. sea called the Middle, containing four hun- dred ninety-one acres and two roods ; one other intire fen ground, lying between Mor- 'ton's Leam aforesaid, the fen ground of AV itlesea called Bassen Hall Moor, and the drain called the Five-and-twenty-foot Drain, containing four hundred twenty-four acres and two roods ; and one other intire fen ground, containing one thousand seven hun- dred thirty-two acres, lying between the said Five-and-twenty-foot Drain, Knarre Lake, and the drain or way leading from Pekirke Meadow unto Guy Hume ^ - 2648 Out of the several fen ground belonging to Wisbich aforesaid, called Throcken Holt, fourscore acres at the west end of the same ground, abutting northward upon South Ea Bank . - - - 80 Elmc. Out of the common fen ground of or belonging to Elme, in the said Isle of Ely and county of Cambridge, lying between Coldham Bank and Elme Leam, fifty acres at the south-west part thereof, abutting upon Elme Leam and a several fen ground of Robert Peyton, Esq. called Great Sedge Fen - - - - 50 O Out of the several fen ground in Elme aforesaid, belonging unto the Bishop of Ely, lying between Elme Leam and the Old Ea, thirty acres, abutting upon the south-east end of the common fen ground of Elme aforesaid, and the said several ground of Robert Peyton aforesaid - - SO Out of the several fen ground of Robert Peyton aforesaid, called Great Sedge Fen, adjoining unto Elme Common aforesaid, one APPENDIX. 313 hundred and seventy acres, abutting upon Coldham Bank, the said ground of Lord Bishop of Ely, and the said common fen of Elme - - - - 170 Out of the common fen ground called Ladus Fen, and Lake Fen, lying within the hundred of Wisbich, in the said Isle of Ely and county of Cambridge, six hundred and fourscore acres at the south-west end there- of, abutting upon part of the common fen of Dodington and March, called Creek Fen, lying between Elme Leam and the River Neane . - _ . Qqq q q Out of the common fen ground called Eausy Moor, lying within the said hundred of Wisbich, in the said Isle of Ely and county of Cambridge, bounded with the river Neane, Wellney River, Darcie Lode, and the Lake called the Old Chair, one thou- sand nine hundred sixty-four acres at the north-west part thereof, abutting upon the said lake called the Old Chair, the river Neane, and the Dike called the New Dike 1964 Out of the common fen ground called Tuck's Moor Hume, or Well Pingle, lying within the said Isle of Ely and county of Cambridge, between the said lake called the Old Chair and Read's Fen in March, thirty- six acres, abutting upon the Old Chair aforesaid and upon the river Neane - 36 Out of the common fen grounds of or be- longing to Upwell, Outwell, and Wellney, in the county of Norfolk, and in the said Isle of Ely and county of Cambridge, or some or one of them, one thousand five hun- dred and forty acres ; (that is to say) out of Ladus Fen. Eausy Moor. Upwell, Out- well, and Weliuey. 314 APPENDIX. the common fen ground called Neat Moor, and the Lots, seven hundred and fifty acres at the east end of the same ground next unto Well Creek, abutting southward upon the fens called Londoners Fens, northward upon London Lode, the fen ground in the occu- pation of Tristram Diamond, Gent, and the common fen called Oulwell Pingle ; out of the common fen grounds called Shevens, two hundred acres at the east side thereof, abutting upon Causey Dike and Hacket Wey ; out of the common fen grounds cal- led Common Piece and Hale Fen, five hun- dred and ninety acres ; (viz.) the said intire fen called the Common Piece ; and the re- sidue, being four hundred fifty-six acres, out of the said common fen called Hale Fen, at the north-east part thereof, abutting upon Bedford River and the several ground be- longing unto Welney Chapel, called Sedge Fen - _ - . 1540 Out of the several fen grounds called Londoners Fens, being late parcel of the common fens of Upwell and Wellney afore- said, eight hundred acres, as the same is al- ready set out, and by lockspits or small trenches severed and divided from the resi- due of the said fens, in manner and form following ; (that is to say) one intire fen ground belonging to Sir Robert Bell, Knight, called Lilly-pools, containing five acres ; one other intire fen ground belong- ing to the said Sir Robert Bell, lying be- tween Lilly- pools aforesaid, the fen ground called Cade's Fen, the several fen grounds belonging to Wellney Chapel called Knob- APPKNDIX. 315 bals, and the several fen ground of Thomas Finchani, Gent, containing eighty-eight acres and three roods ; out of one other ground of him the said Sir Robert Bell, lying between Cady's Fen and London Lode aforesaid, forty-two acres and three roods at the west end thereof; out of the several fen ground now or late of Sir Lewis Tres- ham, Knight, lying between Cady's Fen, and Wick Fen, ninety-three acres and one rood at the south end thereof, abutting upon the several fen ground late of Fincham, Gent, in the occupation of him the said Sir Lewis Tresham ; out of the several fen ground late in the tenure or occupation of Sir William Cockayne, Knight, adjoyning unto Cady's Fen aforesaid, and the several grounds now or late of Sir John Wats, Knight, one hundred seventy-one acres at the south part thereof, abutting upon the ground of Thomas Parlet ; out of the several grounds now or late of Sir John Wats, Knight, three hundred fifty-two acres and one rood, abutting upon Maid Lode, the forementioned ground late of Sir William Cokayne, and the Droveway leading through the middle of the said grounds of him the said Sir John Wats; out of the several feu ground of Thomas Fincham, Gent, lying between Cady's Fen, and Wick Fen, eleven acres and three roods, abutting on both sides of Bedford River; out of the several fen ground late of — — Finchara, Gent, now in the occupation of the said Sir Lewis Trcsham, thirteen acres and one rood al the west side thereof, abutting upon Cady's Fen ; 316 APPENDIX. out of the several fen ground now or late of Hainan le Strange, Esq. abutting upon Cady's Fen and Maid Lode, twelve acres at the east side thereof next Bedford River; and out of the several fen ground called Hen Middle, abutting upon Maid Lode, on the north side of Bedford River, ten acres, adjoining to the fen grounds now or late of Sir John Wats aforesaid, and upon the se- veral grounds of Thomas Parlet, Yeoman 800 Out of the several fen grounds belonging to the Chapel of Wellney, one hundred seventy-eight acres, as the same is already set out, and by lockspits or small trenches severed and divided from the residue of the said fens, in manner and form following ; (that is to say) out of the fen ground called Knobbals, twenty-eight acres ; (viz.) one intire piece thereof, lying on the north side of Bedford River, containing nine acres ; out of the ground late in the occupation of Edward Lechland, Esq. or his assigns, lying on the south side of Bedford River, ten acres, abutting upon the said river; and out of the residue of the said ground called Knobbals, nine acres, at the east end thereof, abutting upon Wick Fen and Read's Fen j out of the several fen grounds called Sedge Fen, one hundred and fifty acres ; (viz.) one intire piece thereof lying on the north side of Bedford River, containing eleven acres ; and out of the residue of the said fen one hundred thirty-nine acres at the south-west part thereof, abutting upon Hale Fen and Bedford River aforesaid - - 178 Out of the several fen grounds belonging APPENDfX. to Outwell aforesaid, lying between Popham Eau and New Dike, sixty-five acres, as the same is already proportionally set out, and by lockspits or small trenches severed and divided from every of the said three several fen grounds, in manner and form following ; (that is to say) out of the several fen ground belonging to the dean and chapter of Nor- wich, thirty-five acres at the east end there- of, abutting upon Neat-Moore and Popham Eau aforesaid ; out of the grounds of Tris- tram Diamond, Gent, twenty-five acres at the south-east part thereof, abutting upon Neat-Moore aforesaid ; and out of the ground of Sinolphus Bell, Esq. five acres at the east end thereof, abutting upon the said grounds of the said Tristram Diamond, Gent. - - - - 65 O Out of three several fen grounds U'ing in Ladus Fen, fifty-two acres and two roods, as the same is already proportionally set out, and by lockspits or small trenches severed and divided from every of the said three fen grounds, in manner and form fol- lowing ; (that is to say) out of the ground called Langbeech, on the south-west side of Bishop's Dike, seven acres and two roods at the east end thereof; out of the ground called Marmond, twenty-seven acres and one rood at the south part thereof; and out of the ground now or late of Sir William Rcade, Knight, lying near Newe's Cote, seventeen acres and three roods at the north end thereof - - - 52 2 O Out of the several fen ground called Farm- er's Fen, forty-eight acres at the east side 317 318 APPENDIX. thereof, abutting upon the common fen cal- led Eausie Moor - - - 48 Out of the several fen ground called Loveokes, twenty-one acres at the north end thereof, abutting upon the fen called the Common Piece - - -2100 Out of nineteen several fen grounds, be- longing to Upwell, and Wellney aforesaid, or to one of them, lying on the west side of Wellney River, between Popham's Eau and Darcie Lode, tv.'o hundred fifty-two acres and thirteen perches, as the same is alread}' proportionally set out, and by 'lock- spits or small trenches severed and divided from every of the said nineteen several fen grounds, in manner and form following ; (that is to say) out of the imbanked several fen ground of John Moyse, Gent, one hun- dred and five acres and thirty-six perches at the south-west part thereof, abutting upon Eausie Moor; out of the imbanked ground now or late of Taylor, Gent, forty- six acres, two roods and twenty perches at the south part thereof; out of the ground now or late of William Bellamy, two acres and two roods at the south part thereof; out of the next adjoining ground now or late of John Bellamy, two acres one rood and twenty perches at the west part thereof ; out of the ground now or late of ■ Fiske, Gent, called Rollinghara, fifteen acres two roods and twenty-tWo perches at the west part thereof; out of the ground now or late of Calvcrle}'^, Doctor of Divinity, eight acres three roods and ten perches at the south corner thereof; out of APPJ&NDIX. 310 the ground called Town Land, abutting upon the several ground of William Drue, one acre and thirty-four perches at the north end thereof; out of the said ground of William Drue, two acres and two roods at the north end thereof; one intire fen ground of John Dixon, Gent, abutting upon Magg's Lake, containing six acres two roods and thirty-six perches ; out of the ground now or late of Edmund Man, abut- ting upon Magg's Lake aforesaid, one acre and twenty perches at the north-west cor- ner thereof; one intire ground now or late of Thomas Blithe, adjoining to the said ground of Edmund Man, containing five acres three roods and thirty-six perches ; one other intire fen ground now or late of John Bellamy and Mathew Bellamy, abut- ting upon Friday Lake, containing four acres and two roods ; one other intire fen ground now or late of William Reade afore- said, abutting also upon Friday Lake, con- taining seven acres and ten perches ; out of the next adjoining ground now or late of Haman le Strange, Esq. nine acres one rood and twenty-two perches at the east pari thereof; one intire fen ground now or late of Thomas Fincham, adjoining to the last mentioned ground of Haman le Strange aforesaid, containing thirteen acres and two roods ; out of the next adjoining ground now (jr late of Roger Prat, Esq. seven acres and two roods at the south part thereof; out of the ground now or late of John Gray, one acre, two roods and twenty-five perches at the north part thereof; out of the ground 320 APPENDIX. now or late of Reve, Clerk, three roods and twelve perches at the south-west part thereof j and out of the ground of Thomas Crosse, abutting upon the north side of Darcie Lode, eight acres three roods and thirty perches at the west end thereof - - - - 252 13 Out of fifteen other several fen grounds of or belonging to Upwell and Wellney, lying also on the west side of Wellney River aforesaid, between Uarcie Lode afore- said, and the several grounds of Little-port, lying upon the same river, seventy-three acres one rood and twenty perches, as the same is already proportionally set out, and and by lockspits or small trenches severed and divided from every of the said fifteen several feu grounds, in manner and form following ; (that is to say) out of the ground of Thomas Crosse abutting upon the south side of Darcie Lode, eleven acres three roods and ten perches at the west end there- of; out of the next adjoining ground of Robert Webster, two acres one rood and twenty-eight perches at the south corner thereof; out of the several fen ground cal- led Lewis Meadow, seven acres and twelve perches at the south-west end thereof; out of the next adjoining ground now or late of Simon Hudson, eight acres three roods and thirty-eight perches at the south part thereof; out of the next adjoining ground now or late of John Stanbridge, five acres one rood and thirty perches at the east side thereof; out of the next adjoining ground now or late of Robert Goulden, three acres APPENDIX. one rood and eighteen perches at the east corner thereof j out of the ground of Everard Buck worth, Esq.; eight acres at the west part thereof; out oi:' the next adjoining ground late of William Bond, one acre three roods and ten perches at the south corner thereof; out of the next adjoining ground, now or late of Thomas Birt, four acres two roods and six perches at the west corner thereof; out of the ground now or late of Edward Bond, one acre two roods and ten perches at the south-west end thereof; out of the next adjoining ground now or late of Francis Waters, Gent, five acres one rood and eighteen perches at the south-west part thereof ; out of the ground now or late of Richard James, lying near Wellney, two acres three roods and thirty-two perches at the north-west cor- ner thereof ; out of the ground now or late of William Gabie and John Gabie, lying on the south side of Bedford river, one acre and two roods at the west end thereof; out of the ground belonging to the Deanery of Peterborough, abutting upon Marmond Meadow, the acres two roods and eight perches at the west part thereof; and out of the said ground called Marmond Mea- dow, five acres at the north-west part thereof - - - - 73 I 20 Out of twenty-three several fen grounds belonging to Upwell and Wellney aforesaid, or to the one of them, lying on the cast side of Wellney river, between Popham's Eau and the several I'eti grounds belonging to Liiile-port, (jul hundred and lifty acres and Y 321 322 APPENDIX. seven perclies, as the same is already pro- portionally set out, and by lockspits or small trenches severed and divided from every of the said twenty-three several fen grounds, in manner and form following; (that is to say) out of the ground now or late of Sir John Wats, Knight, lying near Popham Eau aforesaid, ten acres one rood and twenty-six perches at the east part thereof; out of the ground of Henry Gold- well, adjoining unto the common fen called Sheuens, extending unto the said river of Wellney, one acre and twelve perches at the east corner thereof; out of the ground now or late of Sir Robert Bell, Knight, abutting upon Wellney river and the ground belonging to the Dean and Chapter of Nor- wich, eight acres and one rood and thirty perches at the north-east part thci'eof ; out of the ground now or late of William Drue, abutting also upon the said ground of the Dean and Chapter of Norwich, fourteen acres one rood and twenty perches at ihe east end thereof; out of the ground of Ha- nian le Strange, Esq.; called Great Greenes, twenty-six acres three roods and ten perches at the south part thereof; out of the next adjoining ground now or late of John Bellamy and Matthew Bellamy, four acres three roods and thirty-eight perches at the east end thereof; out of the next ad- ioininir srround of John Goddard, one acre and two roods at the north side thereof; out of tlie irround now or late of William O Gabic, three acres three roods and tea perches at the north-east [>art thereof; out APPENDIX. of the next adjoining ground, now or late of Tristram Diamond, Gent, three acres one rood and thirty perches at the east corner thereof; out of the ground now or late of Edmund Man, adjoining unto the ground now or late of John Dixon, two acres two roods and twenty-eiglit perches at the south-east corner thereof; one intire fen ground now or late of John Dixon afore- said, bounded with the common fen called Sheuens and the river of Wellney, contain- ing seven acres and two roods ; out of* one other ground now or late of him the said John Dixon, abutting upon the aforesaid ground of Edmund Man, eight acres and two roods at the north side thereof; out of the ground now or late of William Parlet, Gent, abutting upon the ground of the Dean and Chapter of Norwich, lying near Darcie Lode, four acres two roods and ten perches at the south side thereof; one intire several fen ground belonging to the Dean and Chapter of Norwich, lying near Darcie Lode aforesaid, containing thirteen acres and thirty perches ; out of the ground now or late of John Bloomc, abutting upon the ground of John Marshall, Gent, two acres three roods and thirty-three perches at the south-east side thereof; out of the said ground now or late of John Marshall afore- said, ten acres three roods and ten perches at the north end thereof; out of the ground now or late of Thomas Crosse, abutting upon Causey Dike, four acres two roods and ten perches at tiie west end thereof; out of the [/round now or late of Sir Wil- 323 I 324 APPENOrX, liam Reade aforesaid, abutting upon Cause}. Dike, near Wellney, tlirce roods arul ten perelies at the north end thereof; out of the ground now or h\tc of Sir John Wals^ Knight, al)utting upon Maid Lode, three acres at the east part thereof; out of the ground now or late of John Slanbridge, lying near Wellney, one acre at the east part thereof; out of the ground now or late of James Ravens, one acre at the north- east part thereof, abutting upon Bedford river; out of the ground now or late of Francis Waters, lying on the south side of Bedford River, abutting upon Hale Fen and Wellney River, eleven acres and two roods at the south-east end thereof; and out of the ground now or late of Richard Ward, lying near Pralls, were three acres and twenty perches at the north side thereof - 150 7 COM. HUNTINGDON. Somcri;liani. OuT of the commou fen grounds of or be- longing to the Soake of Somersham, in the said county of Huntingdon, one thousand six hundred and five acres ; {viz.) out of the common fen called Erilh Fen, two acres ad- joining to Bedford river, on the south side of the same river near to Erith sluce ; out of the mow fen called CroU Lode, seventy acres at the west part thereof, abutting upon High Fen ; and out of the said com- APPENDIX. 325 men fens called High Fen and North Fen, one thousand five hundred thirty-three acres, abutting upon the said fen called Croll Lode, and adjoining southward upon the low fen of Soniersham and the hard lands, and northward upon the common fens of Warbois and Fen ton Lode - 1605 Out of a several len ground in Somers- ham, called Rowey, eleven acres at the north part thereof - - - 1 J Out of the common fen grounds of War- bois or Ramsey, in the county of Hunting- don, lying between the West Water from St. Bennet's Cross unto Fenton Lode, and along the said Lode unto the hard lands of Warbois, and by a straight line extended from Wistowe Stone in the fen unto St. Bennet's Cross aforesaid, one thousand eight hundred sixty-eight acres at the north-west part of the same ground, on both sides of the new drain, extending Irom the hard lands of Warbois unto the West Water, abutting upon the said West Water, the commons of Ramsey called East-moor, and the common fen called Wistowe fen - - - 18G8 Out of the common fen grounds called Wistowe Fen, in the said county of Hun- tingdon, belonging to Ramsey, Wistowe, and Berry, or to some or one of them, and bounded with the said ccMiimon fens of War- bois or Ramsey, the hard lands of Wistowe and Berry, the mow fen of Berry, and the lake called Sallaries Raft, three hundred tighty-six acres at the north-east part of the said fen, abutting upon the said coui- Warbois. Wistowe, 326 APPENDIX. mon fen of VVarbois or Ramsey, and the said lake called Sallaries Raft - - 38G O Berry. Out of the common fen ground belonging to Berry in the said county of Huntingdon, called Berry Mow Fen, forty-five acres at the south part of the said fen - -• 45 Ramsey. ^^^ of the common fen grounds of or be- longing to Warbois or Ramsey, in the said county of Huntingdon, or to one of them, called East-moor, bounded with the said lake called Sallaries Raft, the foremen - tioned line extended from Wistowe Stone in the fen unto St, Bennet's Cross, the com- mon fens of Dodington and Benwick, called Pulver Fen and Turfe Fen, Ramsey Meer, and the inclosed grounds of Sir Oliver Crom- well, Knight of the honourable Order of the Bath, one thousand four hundred ninety and six acres ; out of the south-east part of the said fen, on both sides of the said new drain, extending from the hard lands of Warbois unto the West Water, and adjoining upon Pulver Fen and Sallaries Raft afore- said . _ . . 1496 O Out of one other common fen ground of Ramsey aforesaid, called Middle Moor, one thousand eight hundred seventy and five acres, abutting westward upon the new drain or way leading from the hard lands of Upwood unto VVitlesey, southward upon the River Neane, and north-eastward upon Delfe Dike and the several grounds called the Steds - - - 1875 Out of one other fen ground of or belong- ing to Ramsey, Upwood, and Raveley, or to some or one of them, lying near unto APPENDIX. 327 Raveley, in the said county of Huntingdon, two hundred twenty-nine acres, abutting upon the hard lands of Raveley, near unto a place called Raveley's Nook, and upon the fen grounds claimed as parcel of the manor of Woodwalton. - - 22{> Out of one other cominon fen ground of or belonging unto Ramsey or Upwood, in the said county of Huntingdon, or to one of them, lying between the hard lands of Upwood and the River Neane, eight hun- dred fifty-six acres, abutting westward upon the drain or way leading from the hard lands of Upwood unto Witlesey aforesaid, north- ward upon the River Neane, and eastward and southward upon Bill Lode and the hard lands of Upwood aforesaid - - 856 Out of one other common fen ground of or belonging to Ramsey aforesaid, lying be- tween Ramsey Meer and Delfe Dike, one hundred and eight acres, abutting upon Delfe Dike and the River ISeane. - 108 Out of the several fen grounds of Sir Oliver Cronjwel, Knight of the honourable Order of the Bath, lying and situate in Ramsey aforesaid, called Abbots Pingle, Wigin Moor, Ramsey Park, and Asbech, one hundred seventy-seven acres ; (viz.) the said intire fen ground called Abbots Pingle, containing four-score acres ; the said intire fen ground called Asbech, containing seventy-six acres ; and the residue, being twenty-one acres, out of the said fen ground called Wigin Moor, at the south-east part thereof abutting upon Abbots Pingle afore- said - - - - 177 328 APPENDIX. Scveralsof Out of tlie Oilier several Icii grounds ok Ramsey. , , . -, „ • i • i or belonging to Kanisey aioresaid, in the said count}' of Huntingdon, one hundred fifty-five acres ; (that is to say) out of the fen ground called Upper Steds, five acres two roods and twenty perches at the north- east end thereof; out of the several len grounds called Nether Sleds, eighteen acres and one rood at the north-west end thereof; out of the several fen ground now or late of Beale, Gent, lying near Willcscy Meer, three acres one rood and ten perches at the north-east part of the same ground ; out of the several fen grounds of Thomas Cromwel, Gent, called Dentree and Bag- dole, thirty-three acres one rood and ten perches at the north-east end of the said ground called Bagdole ; out of the several fen ground of Houson, called also Bagdole, twelve acres and two roods at the south-west part thereof, abutting upon Witlesey Meer ; out of a several (en ground belonging to Sir Oliver Cromwel aforesaid, lying on the south side of Ugg Meer, six acres at the south-west part of the same ground ; out of the several fen grounds called Beaupre Closes, eight acres and one rood, abutting upon Delfe Dike and the river Neane ; out of the several fen grounds called Great Hilkes, twenty-eight acres and one rood at the east part thereof, abutting upon Ramsey Meer and the river Neane ; out of the several fen grounds called Little Hilkes, two acres and two roods at the part thereof next unto the mouth of Ramsey Meer ; out of the several fen ground called APPENDIX. PoUins, two acres and two roods at the east part thereof ; out of the greater close called Bear's Arse, lying near Hilkes, on the north side of the river Neane, two acres three roods and ten perches at the north-east end of the said ground ; out of the lesser ground called also Bear's Arse, one acre and twenty perches at the south-west side thereof; out of the several fen grounds adjoining upon the hard lands of Wistowe or Warbois, called Vicars Closes, six acres and ten perches at the west part of the said closes ; out of the several fen ground now or late of Anne Netleton, lying near Ramsey town, one acre at the south part thereof j out of the several fen ground now or late of Tho- mas Cock, one acre and three roods at the north end thereof; out of the several fen ground of Crockston, one acre and one rood at the north end thereof; out of the several fen ground now or late of John Bateman, two acres and twenty-eight perches at the north end of the same ground ; out of the several fen ground now or late of John Lavender, one acre one rood and four perches at the north part thereof; out of the several fen ground now or late of John Leedcrs, one acre two roods and four [)erchcs at the north part thereof; out of the several fen ground of Thomas Williamson, two acres two roods and twenty-eight perches at the north end thereof; out of the several fen grounds of Widow Holmes, two acres two roods and sixteen perches at the suutli (.iid of the greater ground belonging uulo her, abut- 329 330 APPENDIX. ting upon the Lode ; out of the several fen ground of Thomas Barnes, two acres and ten perches at the east part thereof; out of the several len ground of John Knight, three acres three roods and thirty perches at the west part thereof, abutting upon the ground of William Cakebread ; out of the several fen ground of Richard Allen, lying near High Norlhey, two roods at the north side thereof; out of the several fen ground of Robert Booth, two roods at the south side thereof; out of the several fen ground of Thomas Howson, one acre at the north end thereof; out of the several fen ground of Farmer, Gent, three roods at the east side thereof; and out of the several fen ground lying on the east part of Stoking Fen, in the occupation of Ralph Allen, one acre and two roods on the north side of the same ground _ _ _ 155 O Wood-walton. Out of the common fen grounds of or be- longing to Wood-walton in the said county of Huntingdon, nine hundred thirty-seven acres; (that is to say) three hundred ninety- three acres out of the north end of the same ground, abutting upon the several fen grounds of Hignie Farm and Brick Meer, claimed by John Marshall, Gent, and the residue, being five hundred forty and four acres, out of the north part of the said fen, abutting upon Ugg Meer and the common fen grounds of Ramsey and Upwood, late in the possession of and claimed by Laurence, Gent. - - - 937 Out of the two several fen grounds of the said John Marshall, lying in Wood walton Al'VENDIX. 331 aforesaid, next unto the fen and hard lands of Sautrey, thirty-six acres at the north end of the said grounds, abutting upon Sautrey Fen and the hard lands of Hignie Farm - 36 Out of the one other fen ground in Wood- Walton aforesaid, lying between the hard lands of Wood-walton and Hignie Fen, and the said fen of Wood-walton, claimed as se- veral by the said John Marshall, fifteen acres, abutting upon the hard lands of Wood-walton, at the south-east part of the said ground - - - 15 Out of the several fen grounds of or be- Hignie. longing to Hignie Farm in the said county of Huntingdon, one hundred acres at the north end of the said grounds, abutting upon the several fen grounds of Conington, and upon the common fen grounds of Holme and Wood-walton aforesaid - 100 Out of the common fen grounds of or be- Sautrey. longing to Sautrey, in the said county of Huntingdon, two hundred and six acres at the south-east part of the same fen, abut- ting upon the several fen grounds of Sautrey and Wood-walton aforesaid, and upon the hard lands of Sautrey - - 206 Out of two several fen grounds in Sautrey aforesaid, lying near unto Wood-walton aforesaid, nineteen acres at the north-cast part of the greater of the said several fen grounds, abutting eastward upon the seve- ral fen grounds of John Marshall aforesaid \[) O O Out of the several fen grounds of Coning- Conington. ton in the said county of Huntingdon, two hundred eighty and one acres, abutting southward upon ihe connuon I'en grounds 332 APPENDIX. Holme and GlattOD. Denton, Ciildecott. of Saulrey aforesaid, castwaid upon ihc fen grounds of Higney Faiin, and northward upon the common fen called Holme Fen - Out of the common fen grounds of or be- longing to Holme and Glatton, in the said county of Huntingdon, one thousand and twelve acres, abuLling eastward u[)on the river Neane and Ugg Mcer, southward upon Brick Meer, and the said several fen grounds of Hignie Farm and Coninglon, and westward upon the hard lands Out of the common fen grounds of or be- longing to Denton in the said county of Huntingdon, one hundred fifty -six acres at the south-east part of the said fen, abutting upon Holme Lode and the hard lands of Holme - _ - _ Out of the several fen grounds of or be- longing to Caldecott, in the said county of Huntingdon, fifty-six acres ; (that is to s;iy) out of the Mosse Fen, belonging to the Right Honourable Edward Lord Montacute, eighteen acres at the south west part of the same ground, abutting upon the ground called the Turfe Lots ; out of the said ground called the Turfe Lots, four acres three roods and twenty perches at the north end of the same ground abutting upon Caldecott Dike ; out of the ground called the Mowing Lots, eight acres and three roods at the west end of the same ground ; out of one other several fen ground of the said Lord Montacute, fourteen acres one rood and three perches, abutting upon part of the aforesaid Mowing Lots and upon Denton Fen ; out of three several fen ^281 1012 15G APPKNDI X . grounds now or late in the occupation of Thomas Hall, three acres, three roods and twenty-five perches at the north part of the same grounds ; out of five several fen grounds, in the tenure or occupation of Sir Thomas Cotton, Baronet, Wil- liamson, Gent. Fuller, Gent. Tho- mas Hall aforesaid, and William Ashlon, lying between the aforesaid fen ground of the said Lord Montacutc, Denton Fen, and the drove-way leading to the same grounds, four acres at the west ends of the said five several grounds 5 out of five other several fen grounds of or belonging unto the said Sir Thomas Cotton, the said Williamson, Gent, the said Fuller, Gent, the said Thomas Hall and William Ash ton, lying between the aforementioned drove-way and the hard lands, two acres and two perches at the east part of the same ground - • - .'JO Out of the common fen grounds of or Stilton, belonging to Stilton, in the said county of Huntingdon, one hundred and sixty acres, abutting upon Caldccolt Dike, the Turfe Fen of Stilton, and the common and several fens of Yaxley - - - iGO O Out of the common fen grounds of or Yaxley, belonging to Yaxley, in the said county of llurilingdon, six hundred thirty and two acres at the north-east part of the same fens, abutting upon Pigce-water, Witlesey iMcer and Trundle Meer - - (itV2 O Out of the several fen grounds of Yaxley aforesaid, twenty-nine acres; (that is to say) out of the mow ien, called Western 333 334 APPENDIX. Meadow, eight acres and two roods at the north-east side of the same ground, abut- ting upon the river Neane ; out of a holt belonging to Thomas Gcnlill, lying near the town of Yaxley, three roods and five perches at die south end of the said holt; out of a holt belonging to John Isopp, one rood and five perches at the south end of the same holt ; out of the holt belonging to Widow Pierson, one rood at the south end of the said holt; out of the holf be- longing to Pinchbeck Pierson, one rood and twenty perches at the south end of the same holt ; out of the several fen ground of Bar- tholomew Brown, abutting upon W itlesey Meer, one acre and one rood, at the part of the said ground next Trundle Mcer ; out of the several fen ground of Thomas Wats, lying near Yaxley Town, five perches at the south west part of the same ground j out of the several fen ground of Fj^mmanuel Probie, Gent, lying near Yaxley Town, one rood and thirty perches at the south west part of the said ground ; out of two several fen grounds belonging to the said Pinchbeck Pierson, lying near Yaxley Town, two acres and twenty-five perches at the south-east end thereof; out of the several fen ground of George Hopkins, two roods and twenty perches at the south-west part of the same ground; out of the several fen ground be- longing to the said Emmanuel Probie, abut- ting upon Stilton Fen, eight acres and two roods at the north-east end of the same ground; out of a several fen ground lying between VVitlcsey Meer and Trundle Meer, APPENDIX. three acres and three roods at the east part thereof; out of another fen ground, lying also between Witlesey Meer and Trundle Meer, one acre and one rood at the east part thereof; and out of the several fen ground lying at the end of Conquest Lode, by Witlesey Meer, three roods, abutting upon Witlesey Meer aforesaid - - 29 Out of the common fen grounds of or be- longing to Fasset, in the said county of Huntingdon, nine hundred and forty acres, abutting eastward upon the fen called Middle-moorc in Ramsey, and southward upon Witlesey Meer, and upon two several fen grounds belonging to Fasset aforesaid, adjoining to the said Meer - - 940 Out of the several fen grounds of Fasset aforesaid, one hundred sixty and two acres, being two intire fen grounds, abutting upon the aforesaid common fen grounds of Fasset aforesaid, and upon Witlesey Meer - lG2 O 3a5 Fasset. COM. NORTHAMITON. Olt of the common fen ground of or belonging to the Soake of Peterborough, in the said county of Northampton, called IJur- rough Great Fen, two thousand six hun- dred twenty and two acres, abutting east- ward upon j)art of the said common fan lying near Firished Cross and the grounds of Single-sole Farm, southward upon ibo drain or way leading iVom Peakirk Meadow to Guy Ilurne, northward on llie new bank Peterboroiieh. 336 APPENDIX. of the river Wclland, «ind upon the common fen ground called the four hundred acres - Q.G'i'i () Out of the common fen grounds of or belonging to Peterborough or Crowland, or to the one of thcai, called the Four Hun- dred Acres or Alder Holt, lying in the county of Lincoln, two hundred and ninety acres at the west end thereof, abutting upon the said fen called Burrough Great Fen, and the common fens of Crowland - 29^> Out of one other common fen ground of or belonging to Peterborough aforesaid, in the said county of Northampton, called Burrough Little Fen, eighty-eight acres at the east part thereof, abutting upon Muscot Water and Oxney Lode - . 88 <) Out of the several fen grounds of or be- longing unto Single-sole Farm, in the said county of Northampton, forty-five acres, abutting eastward upon Catwater, southward upon the several fen grounds of Northam Farm, and westward upon Peterborough Great Fen - - - - 45 O Out of the several fen grounds of or be- longing to the said Northam Farm, in the said county of Northampton, eighty acres ; (that is to say) forty acres in one parcel ad- joining eastward upon Catwater, northward upon the said several fen grounds of Single- sole Farm aforesaid ; and the residue, being forty acres, out of the several fen called Cranmore, out of the south-east part thereof, abutting upon the fen called the Harpe, and upon the hard lands of Eye - - 80 Out of the fen called the Mowing F'en Grounds, of or belonging to Eye, in the APPENDIX. said county of Northampton, fifteen acres three roods and thirty perches, out of the said Mow Fen called Small-acre Furlong, and Chillam-tree Furlong ; (that is to say) out of the ground called Small-acre Fur- long, twelve acres one rood and thirty perches at the east side of the same ground, abutting upon Catwater; and the residue, being three acres and two roods, out of the said ground called Chillam-tree Furlong, at the north side thereof, abutting upon the several ground of Northam Farm called the Reaches - - - - 15 S 30 Out of the several fen grounds of Richard Darbie, lying between the said grounds called Chillam-tree Furlong and Small-acre Furlong, one acre and ten perches, abut- ting upon Catwater - - - 1 10 Out of the several fen grounds of or be- longing to Tanholt Farm, in the said county of Northampton, thirty acres and three roods, being one inlire fen, called Newthred, abutting upon Catwater - - 30 3 Out of the several fen grounds of or be- longing to Oxney Farm, in the said county of Northampton, twenty-six acres, abutting northward upon the old engine and the hard lands of Ey berry, and the fen grounds of Tanholt Farm aforesaid, and south-eastward upon Catwater, the bank near Burrough Little Fen, and the other grounds of the same farm - - - - 26 Out of the several fen grounds of or be- longing to the Right Honorable Francis Earl of Bedford, lying in Eyberry in the said county of Northampton, eleven acres out of z 337 338 APPENniX. the ground called Aldefl Fen, abutting upon high Edgerley Commoh - - 1 1 Out of the lot fen crround beloncrinc; to Eye aforesaid, called ihe Harp, four acres and two roods at the east end of the same, abutting upon the hard lands of Eye afore- said - - - - 4 2 Out of the several fen grounds of John Troughton, lying in Newark Edgerly, three roods at the east part of the same ground - S Out of the several fen ground of Widow Butcher, and the heirs of Giles Burrough, five acres, in two parcels lying together in the fens called the Holts, abutting upon Peterborough Great Fen - -50 . COM. LINCOLNE. Crowland. OuT of the common fen grounds of or belonging to Crowland in the said county of Lincoln, four hundred acres at the east part of the same fens, abutting eastward upon St. Gulhlake's Cross and Catwater, southward upon the common fen called the Four Hundred Acres, or Alderholt, and northward upon the fen grounds of Crow- land aforesaid, called Porsand Fen - 400 Rowland St. John, Beauchampe St. John, RoRBRT Bell, Miles Sandys, Thomas Deereham, George Glaptiiorne, EvERARD BUCKWORTH, HuMBERSTON MaRCB, William Fisher, William Hayward. APVRVDIX. All which said laws, ordinances, and decrees of Sewers, together with the aforesaid Schedules annexed, we have caused by these presents to be exemplified, at the request of William Earl of Bedford, participants and adventurers for draining of the Great Level of the Fens. In witness whereof we have caused these our letters to be made patent. Witness ourself at Westminster, the eighteenth day of March in the year of our Lord one thousand six hundred fifty and eight. LENTHALL. 339 No. XVII. A DISCOURSE Touching the Draifii/ig of ike Great Feiincs Jying within the several Counties of Lincoln, Northampton, Hunt- ington, ISlorfolke, Sujjolke, Cambridge, and the hie of Ely, 4c. BY SIR CORNELIUS VERMUYDEN, WIUTTEN A. D. 1G42. DivF.Rs persons of qualify heretofore have been de- sirous to attempt the drayiiing of the groat and vast level! called the Great Ecnns, but they found not only 340 APPENDIX. the work, but also the composing of an agreement very difficult, for they could not attain to so much as to make a contract for tlic general draining thereof, untill of late years, King James, of blessed memory, did undertake (by a law of sewers) that great work, who, for the ho- nour of this kingdom (as his Majesty told mc at thai time) would not suffer any longer the said land to bee abandoned to the will of the waters, nor to let it lye wast and unprofitable. But his Majesties great occa- sions and the time would not permit so great and good a resolution, but it was deferred so long, that at last the late Earl of Bedford (by the Law of Sewers made at Lynne) did undertake the drayning of the said great and vast level so farre as to make it summer ground. Hereupon the said Eirl made choise of divers persons of quality, who made a pur»e, and joyned in the per- formance of this great enterprise. And at the last (after the expence of above one hundred thousand pounds) the said Earl did proceed so far in this work, that it was ad- judged to be made summer ground, and the recompence thereupon was set out. But now notwithstanding all these great expences, they find by experience, that the lands can yield little or no profit, being subject to inundation still (though not 90 familiarly), whereby the adventurers not only be- came frustrate of their expectation, but also all the owners in general, who cannot make that use of their lands as they might doe, if they were made winter grounds and reduced to a certainty. His now Majesty taking consideration thereof, and foreseeing that these lands being a continent of about 400,000 acres, which being made winter ground, would be an unexpected be- nefit to the Commonwealth of six hundred thousand pounds pgr annum and upwards, and a great and certain revenue to all the parties interested. And likewise, be- cause the owners (who are very many) could not ngrce to APPENDIX. do so great a work (the one being willing, the other not ; the one able to contribute, the other not) hath therefore bin pleased to undertake the making of those lands win- ter ground at his own charge, whereby the said four hundred thousand acres will be made profitable, firm, and good. And for to execute the enterprize the better, his Ma- jesty did command divers gentlemen expert in these works, to give their advice how these lands might be recovered in such manner as to make them winter grounds, to the end the work might be performed accord- ing to the contract. And amongst others, his Majesty was pleased to make one of that commission, and after a view thereof taken, every one of the said commission- ers have returned their report and opinion (as usual ia such case, and especially in a matter of such great weight) they differ much in their way, and so no reso- lution could be determined at that time, but did remain unresolved; yet all of them were of opinion that the work was very feazable. When K. James, of blessed memory, undertooke the drayning as aforesaid, at that time I was come over into England, invited to this work. 1 took several views thereof, went away, returned, and reviewed the same, took advice of the experienced men of the Low Countries, and from time to time did study how to contrive that work for the best advantage, being at that time in proposition to have undertaken the doing of that said work, together with my friends at our own charge, for a proportion of land. And my opinion therein I declared but lately to his Majesty; and his Highness being well pleased with that way, after debate had thereupon, was pleased to put the direction of that work upon me, and to perform it at his own charge, and for further information therein, liath commanded to have it set down in writing, which accordingly hereafter fol- loweth. 341 342 APPENDIX. The Situation of the Great Fenns, and the State thereof. The level lyeth in six counties, {viz.) Cambridge and the Isle of Ely, Huntington, Northampton, Lincoln, Norfolk, and Suffolk. It is of a great and vast extent, that for its quantity it is of the latitude of a whole shire, and bounds on the north-west on the river of Glean ; on the west and south-east upon the Upland Countries aforesaid, and on the north on Marsh-land and Holland, being likewise in the said level separated by banks. There doe run through these fenns eight rivers, which do come out of divers vast and great countries which lye about it; the said rivers are called Glean, Welland, Neane, Ouse, Grant, Milden-hall, Brandon, and Stoke. These rivers lye common with the land, without sepa- ration by banks, save only Glean and Welland are some- times imbanked, and some banks there are in some places on some of the other rivers, but not to that pur- pose as to save any part of the lands ; and for this rea- son, and for want of a sufficient passage for the waters that come by the rivers, all the lands are overflown. The said rivers have three several outfalls from the fenns into the sea, and by these out-falls the said rivers and lands unwater themselves in that manner as now they doe. The level is broad, and of great extent, and flat, with little or no descent of its own, and grown full of ha9- sacks, sedge, and reed, and the rivers full of weeds ; and the waters go slowly away from the lands and out of the rivers, and they come swift into and upon it out of the Upland Counties, where the rivers have a great fall. The aforesaid three out- falls are of great length before they come to the sea, the lands of Holland and Marsh-land being great countries which lye between APPENDIX. them, and do hinder the speedy current of the waters towards the sea. There is much increase on the sea- side, and very large and vast sands, all dry at low water ; and because of the Point of Norfolk, it makes it an imbay, whereby the sands of the sea are thrown there by the floods, and these three out-falls come through these sands, and the tydes every day bring into the mouth of the rivers a great quantity thereof, and there is but a few times sufficient land-water to set the sands out again to keep the out-fall open, insomuch that Welland and Wisbich out-falls are choaked every summer ; but the outfall of Lynn hath sufficient water to keep open his channel, and although in the summer the sands in Lynn haven overcome the ebbs somewhat, yet they do not lye long, but the first land waters or next spring tydes carry them away again. (pnitiiuib But it is not only to be feared, but apparent, that in process r»f time, the out-falls of Wisbich and Welland will utterly decay, by the said increase and sands of the sea, if they should remain as now they are, by reason of the daily increase of the marshes. The soyl of this vast country is moorish, gathered and grown up higher by the weeds and oaze of the waters; many of them are rich grounds, and all would (if they were well drained) be very profitable and become good grounds, especially after they be burned, manured, and husbanded as such grounds should be. ' There be many isles and rising grounds within this great level, and the rivers pass by towns low seated, lying here or next unto the Uplands, wherein the inha- bitants of the fenns doe livie in great aboundancc. The said countries of Marshland, Wisbich, and Holland, arc fenced by banks from the waters of the fenns, and some- times they have been overflown by the said waters, and have often been in great danger, and they arc at a con- tinual charge for the maintenance of the said banks. 343 344 APPENDIX. The King's contract is to make these lands winter ground, that is, ti» free them from the overflowing of the rivers aforesaiJ, so farr as by art can be devised. Considerations to be taken in the ordinary way of Draining. There is in use a general rule of Drayning and gaining of drowned lands, which is by imbanking all the rivers on each side, and by leading away the downfall by draynes and sluices ; and this is the » ordinary way of draining, as is usual in all such cases. But in this case of the Great Fenns, I cannot advise to g. » altf »gether in such a way to avoid inconveniences of great and vast expence, many difficulties of inunda- tion and uncertainties, which otherwise wmild depend thereup<»n. Fur then a multitude of banks must be made^ about 7*',Ouo r(»ds in length, on a level and moor- ish ground, and far distant from the falls : the yearly reparation whereof would be (besides the charge of mak- ing them) very great. The head draynes (which in this case are to be cut) for the leading away of the downfall, must be carried in all places through a higher ground than the lands (Irayned, which will be the greater charge, and those grounds wherein they are to be laid, must be dear bought. The towns of Peterborough, Erith, and many others standing upon the upper ends of the rivers, and but low, woulJ be thereby sometimes drowned, unless great fore- lands and receptacles be. A great inconvenience would on the south side of Ouse^ for by the imbanking of the rivers on that side. APPENDIX. there would be three or four levels, the one above the other, and all of them would want a fall all the winter time. And to lead away the downfall of them, it must be carried by tunnels underneath the three several rivers of Mildenhall, Brandon, and Stoke, and that in sundry places, and the water must go about 28 miles before it Cometh to the fall, and so the upper level must of neces- sity commit the water thereof into the next, and so into the lower again. And all this length of 28 miles goe ia a slow pace. And how the downfall should be brought such a length without surcharging the draines either in the one ur other level, I know not. And especially there being several brooks, the which in winter time will overtake the downfall, and being liberal with their waters (being more than the drains and tunnels can swallow) the level would become surrounded, and so without per- fection from within. And by the waters without the banks^ will lye in con- tinual danger of inundation for want of a good fall in the winter, and by a wind, catch, break, and undoe all again. And although each mouth of the several rivers of Milden-hall and Brandon, be brought through new channels lower to the fall ; yet it will not take away these inconveniences in this way. And if by another way the several rivers of Milden-hall and Brandon should be brought to Stoke all in one along the upper end of the level, and so by Stoke mouth into Ouse ; yet that way the downfall will have no issue neither ; for the waters of the several rivers being all brought into Ouse, neer together, and kept within channel, will so swell in the rivers, that the downfall thereof, which is to be kept under soil, will have no issue, and so the level be over- flown, and as it is now, and no better. And the lands will be by this way much subjected to inundation and drowning, both by the rivers and down- 345 3^6 APPBNDIX. fall ; and not be worth so much in purchase, or to be lettcn, as otherwise : and the charge of the works in this way (in works not accomptcd) will be much greater than the whole drayning will require the other way, which 1 direct hereafter following. Therefore to avoid these and many more inconveni- ences, I find it best to lead most of the rivers about ano- ther way, whereby these four benefits will arise. 1. That the works may be made at a far less charge. 2. That they will stand with more safety and no ha- zard of inundation, and so may become habitable. 3. And not subject to half that reparation, 4. And the land of a far better value than the other way. Divers Things to be observed. /And to the end the works may be made to answer the difficulties the lands novv lye in, in the contriving thereof, these following things are to be observed. 1. That the rivers come down swift out of the Upland Countries, and v/hen they be in the fenns (they being level grounds) goe but slowly away. 2. That the level is of great extent, twenty miles at least from the upper end to the fall ; and therefore before the water can come thither, within a convenient and answerable time, and in that proportion as it is still fed by the river water from above out of the Uplands, it must go swifter than the level water. 3. That the banks (so much as may be) be laid out from the moorish grounds. APPJiNDIX. 4. That the rivers be carried on the highest grounds where possibly they may bee. 5. That the draines be laid in the lowest grounds. 6. That there be receptacles for the waters to bed on in all times of extremity, otherwise the work might bee put to an impossibility, and a continual hazard of inun- dation. 7. And that the towns lying on the upper part of the rivers may not be damnified, by putting the waters too high between the banks. 8. And although all this bee provided for, yet the banks to be made 10, 11, or 12 foot high, on a seat of 40, 45, 50, or 60 foot broad in general, according to the occasions more or less. 9. That the river water and the downfall bee kept asunder, and brought to the fall severally. . Now farther, observe how it stands with the River of Glean, (to give you an example) which river drowns Deeping Fenn, by the often breaking of the banks on that side, and by two slakers (which are inlets), whereby the waters of Glean, when the banks cannot contain them, are let into Deeping Fen by a certain measure (that when the water is above the bottom of the slakers, then it) runneth over into the land. And this is because the banks on either side of Glean are laid too near to- gether, therefore if the waters should be kept within the banks as now they are, without slakers, they would run over and break them, and Deeping Fenn would thereby be drowned on every occasion by the breaches which the water would make. Those slakers then are made to keep the said banks from breaking, which is no otherwise than an issue in a corrupt body, where there is a neglect to lake away the occasion by a known remedy. It can- not be dcny'd but that the batiks of Glean were laid too near ; for had they been laid four times so far asunder as now they are, the river would be contained within 347 348 APPENDIX. banks without slakers, for if the water be pent into a narrow room, then the water in that narrow room must be higher, and so rise over the banks. But if it shall lye on a wide bed, then it lyeth broader, and the cubes of two several bodies will much differ, for you shall find a greater proportion, and also gain a greater easement to the said banks than the other way, and room to lodge the water between them without any slakers or inlets, for they are remedies worse than the disease, and not to be suffered in any work whatsoever if you desire perfection. There should be great room left between bank and bank on each side of the rivers, yet the one river, according to the greatness thereof, will require more than the other. For the greater the confluence of waters, the more room is required to receive it. And the more distance from the fall, the more room likewise is to be left; because the waters being far distant from the fall, go not so speedy, nor have that current which they have at small or short distance. And in case that all the rivers should be inn'd and fenced by banks to free the lands, and that great dis- tances should be left between bank and bank ; yet still it must be confess'd that a multitude of banks in this level must be made thro' moorish grounds, in length about 70,000 rod, which would be very chargeable and dangerous. And (if all be considered) impossible that way to be made a sure work, and in such a case, divers draynes for the downfall must bee made, and all thro* high and valuable lands, and more sluices (which are very chargeable, not only in their first making, but also in their future maintenance) as may be seen by the draines of Deeping Fenn and others which are but newly made, and already almost grown up with all kind of water weeds. You may observe this in all kind of draynes of this nature throughout the whole country. So that thereby the works become unfruitfull after a little APPENDIX. . 349 while, and in this way many thousands might be spent to small orno purpose. But to avoid the multiplicity of banks and the making of many drains, and to reduce the work to a possibility, it should be so contrived that there should bee but few of either of them made. There- fore, it is best that rivers be brought as into one, to avoid nere the moiety of the banks, which otherwise must be made. And for the receptacles, I resolve to imitate nature (as much as can be) in the Upland Coun- tries, for between the hills there are meadows, and on each side pasture grounds or plough land. I shall endea- vour to contrive the workes that way, that there be meadows between the upland and the winter ground of the fenns likewise. Hereby first to avoid multiplicity of banks, which are very chargeable both in their making and maintaining. Secondly, For that the meadows will be receptacles for the water in time of extremity to bed on upon all occasions of floods, and so to keep the waters at a lesser height by far against the banks, and no hurt, but a great deal of good will be thereby ; for these meadows will lye very convenient for the Upland Country and for the winter grounds of the fenns. And of these meadows there will be no greater quantilv* than the imbanking of the rivers by the ordinary vvay of drayning will take up, for there must be room left between bank and bank. And when all this is taken into consideration, with the scituation of the whole, 1 find it the fittest way to divide the whole level into three parts. 1. The one from Glean to Morion's Leame. 2. From Morton's Leame to Bedford River. 3. From Bedford River southwards, being the remain- der of the level. To drain the lands between Glean and Morton's Leame, all Stow -brook, and so much of the River of 350 APPENDIX. Glean as the banks cannol contain, must be turned along Deeping into Welland, and all Welland into Morton's Leamc, which lyeth convenient to receive Stow Brook, part of Glean, \\'c]land, and Neanc, to be carried to Guyhurnc, and from thence by Wisbich to the sea, and so ihose rivers to make but one ; whereby the work will be made at lesser charges by far, and also gain a more perfect outfall, because the rivers of AVis- bich and Spalding are not suflicient for want of water to keep open their channels as they should be kept, but are interrupted and subject to grow up, by reason of the sand which the sea bringeth in, whereas they ought to be kept open and have their full depths and fall, for the ground to be drayned so far upwards as into or adjoyn- ing to the drowned grounds, for the issuing of their downfall. To make a sure work thereof, I advise to bring the aforesaid rivers into one, that they may (in time) gain themselves a natural channel, which will be far better than to leave them to sundry outfalls, which in future ages, (as is conceived) will reduce the work into an un- certainly again, by reason of the daily great increase of the salt marshes and the sands of the sea. And by this means the old channell of Welland will become very usefull to the country, by the sasse or na- vigable sluice to be set at Waldron Hall for navigation to water the country in summer, and to scowre the out- fall, and in winter the channel will serve to convey away the downfall of the adjacent lands, which other- wise must be done by draynes to be made at great charge, and there is no conveniency to have such draynes, and beside the charge, which is intollerable, the service thereof will be uncertain, because there is no place for them but through high grounds, in which draynes cannot be made so useful as they should, espe- APrKNDlX. 351 cially for Deeping Fenns, which are very low grounds, and hardly to be drained, except Welland be turned to Wisbich. And hereby the said Deeping Fenns will be more cer- tainly secured, and they and Blow, as I verily believe, will be more worth to be purchased by fifty or sixty thousand pounds, if drayned this way, then if they should be drayned the other way. But why should the two rivers be brought to Wisbich, Object, and not through Welland, Welland lying in the middle of this part of the level f I find man}'^ reasons which move to bring these waters Answer, to W'isbich, and they are these : 1. The outfall of Wisbich lyeth convenient for the drayning of South Holland {alias) Ellow, and the north side of Wisbich by the Sheire Drayne. And if Welland be not put that way, the outfall of Wisbich cannot so well be kept low enough to drayne them as they should be, they being very low grounds, and the low water of the sea lying now but little lower than they, and yet must be sufficiently drayned, and by the turning of Welland thither, the outfall of Wisbich will grind deeper and gain a greater fall to lay them dry, and high above water. 2. And consider that the lands of South Holland, by descending from Spalding to the Sheire Drayne above four foot, and therefore of necessity they must have their best issue into Wisbich oulfall b}' the Sheire Dravne, and that part of Thorney Abbey grounds, Wisbich Com- mon, and such lands as cannot run to Welland with their downfall, must have a drayne between Guyhurnc and the Shire Drain, at a place called Murra Plash. 3. Wisbich Outfall and Morion's Leame lye in the middle of the level of fenns, and hereby will become navigable, to the great benefit and convenience of the 352 APPBNDIJi. country, and the oulfall will be thereby made safe for ever, and the fenns be kept absolutely drayned. 4. By the water of Gleali and the downfall which goeth and is to go that way, the channel of Welland will be kept open and remain navigable for small boats, and serve for the downfall of the country on that side. 5. Welland is a lesser river than Neane, and runneth on a higher bottom, and it is more convenient to bring the higher and lesser, to the low and greater, then con- trariwise. 6. It will be a less charge and more certainty. For the River of Welland is more narrow, and Wisbich River is more wide and easie to be opened, because of the works already made by the Earl of Bedford, and hath already three foot better fall than that of Spalding. 7. I find in the report of Sir Clement Edmonds, 20 September, l6l8, by order of his late Majesties most honourable Privy Councell, upon occasion of the differ- ences which arose amongst the Commissioners of Sewers for those countries. That upon examination it was found that anciently the waters of Welland and Neane went to the sea by Wisbich outfall. And by the said report, it was likewise found good to draw the waters to their ancient outfalls, which confirms me in my resolution. And observe, that Gleane is higher than Welland, and Welland than Neane; therefore of necessity, Welland must be brought to Neane, as anciently nature brought it, which is now hindered by a bank, and not Neane to Welland. And it is very true, that the water of Wel- land, for the most part, runneth now naturally by Crow- land into Neane, which confirmeth the said report; and that Neane lyeth the lower, and that but little of Wel- land water goeth by Foss Dike. 8. That part of the levell between Welland and Neane lyeth descending from Welland to Neane 4 or 5 foot, APPENDIX. 353 and if the River of Neane should be carried to Welland, then the water of Neane must be raised higher than it runneth naturally, and bee kept between two banks, and one bank will not serve, as it may by bringing Welland into Neane. And in such a case, the town of Peterbo- rough, the receptacles and all, would be drowned upon every petty flood, especially all the lands between Stand- ground and Peterborough. There are some men, which either out of ignorance, object, or for other ends to hinder this good work, object, that if Welland should be turned to Neane, it might in the first place hinder the level drayned by the Earl of Lind- sey ; and secondly, Boston Deepes. For the Earl of Lindsey's works, which ran into the Answer, fall a mile and a half above Fosse Dike, I answer, that put the case the outfall should utterly decay, then the Earl of Lindsey's drayne ma}' be brought below Fosse Dike, and so fall into the deep outfall there, where there is an open way to the sea; but that outfall will not de- cay, but remain always (as the work will be contrived) for the river Glean shall always goe that way for so much thereof as the bank can contain, which will be a greater quantity than now cometh thereby, because the banks, by the scowering of Glean^ will be made the more sufficient, and also part of Welland, all the sum- mer if need shall bee, to water the country, and keep the outfall open by the lock at Waldron-hall, which will be so much as now there goeth by Welland old channel ; for the most part now goeth by Crowland, and drowneth Tliorney, Crowland, and Peterborough Fenns, and goeth that way to Wisbich as is aforesaid, and in the winter drownelh them, and all Deeping and Ellow, and all the country and nearer towns to the outfall. And ill the winter there will be all the downfall of Crowland Fenns, Decjiing Fenns, and the Earl of Lind- sey's Level, on the north of Glean, which will all fall 2 A 354 APPENDIX. into that outfall together with Glean, which will be able to keep it sufficiently open for Glean, and the downfall; and if there shall want (as there will not) more will be sent either by a drain through Deeping Fenns, or by the old channel of Welland : but it shall not need ; one year's experience will take away all the fear, for there will be water enough. And for instance, the learns at Long Sutton (which runneth through the like soyle) hath been and is kept open through the sands of the sea by the four gales near Lutton, about 7 miles from Spalding Outfall, and doth run but 7 or 8 months in the year. Those waters which doe and always have kept open the said leame, are not so much as the 20th part of that water which shall goe to Welland Outfall by these works ; which makes it evident that Welland Outfall will be kept open. And further take examples by all the outfalls on the coast of Lincoln and Norfolk, where all the outfalls are kept open, and yet have no river to help them, but nevertheless are kept open by the downfall only. It is in use and practice every day, where the havens or outfalls in the Low Countries have no river, to make a pan, and at every tyde to take water into the said pan, and so they do keep open their outfalls of two or three miles long; but Welland hath a belter remedy : that out- fall (as it will be there contriv'd) will be the best outfall of the country. If it were not to preserve navigation for Spalding, it were not amiss to bring all the downfall of Deeping and Thorney through Ellow, and so to Wisbich Outfall by a new channel ; and this is another remedy. It is considerable to be spoken of thus far, because that the works may be very well contrived thus or to- wards Wisbich, all parties provided for and saved thereby, and so well for the navigation of Spalding to Wisbich, instead of that of Fosse Dike, as for the down- fall. APPENDIX. As touching Boston Deeps, I answer that the floods of the sea come over all the sands which lye between them and the point of Norfolk, and doe returne with the ebb towards the north thither again ; and these ebbs are that which have always maintained Boston Deeps. It is not the River of Welland and that of Boston that can do it ; they are but small waters, especially that of Welland, and the less powerfull when it cometh abroad into a vast place where it is not to be discerned. For instance, Welland cannot make a deep in a narrow chan- nel at Foss Dike, but at every low water travellers ride through, the water being not above half leg deep, which sheweth that it hath neither force nor great quantity of water. And consider, that when Welland went by Wisbich, yet Boston Deepes were then : I did not ground my rea- son upon Sir Clement Edmond*s Report, and that there is descent from Welland to Neane, but doe likewise take it into consideration that the great stone bridge at Spal- ding, through which some small part of Welland water did come in the winter time, which was of great anti- quity, was not twelve foot in the water-course, and but five foot deep, and the stone pillar or pier in the midst thereof, which supported both arches, was but now of late taken away by the drainers of Deeping Fenns when they did widen the river ; which maketh it evident, that but little of Welland water went that way either of late or anciently ; yea, less then now the downfall \VilI' amount unto as I do contrive it. Moreover consider, that when the River of Welland went to Wisbich, then the bridge at Boston stood firmc, and in ancient time was made with doors to shut out the floods, in manner of a sluice, that it should not go higher than the towne, which bridge now hath none, so that the sea doth now flow up with a great quantity of water 10 miles by the water-course above Boston, Yet so 2 A 2 355 356 APPENDIX. long ago, when the said river had not the fourth part of the ebb which now it hath, and that Welland as afore- said did goe to Wisbich Fall, yet Boston Deep was, and the town had then a great commerce in wooll and other merchandize. And the reasons why it was so, is that the ebb which cometh over the sands which lye between Norfolk and it, cometh that way, and so keepeth a deep there which could not otherwise bee possibly maintained. For the rivers are not such as to keep open a depth of such wideness as Boston Deep is, especially among the sands of the sea. If it were not for the ebbs of the sea, it would soon decay. Moreover, the River of Wisbich ebbs towards the north by Boston Deep into the sea, and if the River of Welland be brought to Wisbich, it must go that way likewise to the sea, as now it doth j so in this case it makes no alteration. Object. I^ ^^ objected by some that it were better to lei the River of Welland goe between banks to Spalding, and the River of Neane to Wisbich, and so leave two out- falls. Answer. 1. That two rivers to be brought into one will make a better outfall, and such an outfall will serve the coun- try in general better than two outfalls, and will never decay. 2. That two outfalls will burthen the maintenance more than 1,000/. yearly at least, att all advantages. 3. That it will require 18 miles of banks more and. draines, and the charges thereby increase at least 20,000/. and 1,000/. the year for the maintenance more, and make a worser work. APPENDIX. Now for the Particulars concerning the contriving of the Works beizceen the River Glean and Morton's Leame. For the overplus of the river Gleaa which drowns Deeping Fenu on that side of the country, is to be brought by a drain into Welland above Deeping, and the slakers to be removed, and the channel to be kept within the banks thereof. I doe resolve only to take the overplus of the river Glean, that the remainder may be kept within the banks, and the slaker to be removed to save Deeping Fenn on that side. And that the towns by which the said river runneth may not want water, and to keep Welland Outfall thereby, and if need be, the sooner to gather head by means of the sluice and sasse which are to be below it on Welland to scower the out- fall ; and by the said sluice likewise the downfall of this level shall issue by Welland : and the said drain above Deeping is to take away also Stow-brook and the down- fall of all the country between Welland and Glean, which now runneth into Deeping Fenn and drowns it. The River of Welland is to be brought unto Morton's Leame ; therefore a new river is to be cut, to begin near Waldron-hall, and so go on towards the bridge which leads from the Upland to Thornej' Abby, somewhat below the bridge, and from thence below Willow-hall, and so to Morion's Learn, And next unto Welland a sasse to be set to let water into Old Welland and to preserve navi- gation. Whereby will be left on that side of the coun- try between the upland ground and the banks, some quantity of meadow ground and pasture, to serve for re- ceptacles for water in the winter; but these grounds will be by the white waters, and the making of the rest of the land winter grounds, become of a greater value thaa they are now ; and this number of acres and the rest of 3&7 368 APPENDIX. the receptacles which are to be left every where, will not exceed the quantity which would be left between bank and bank, if every channel or river were imbanked, and therehy the waters of the rivers, and the waters which in time of great rains come from the hills, will be kept between the uplands and the banks, and from the drayn'd land ; and this will prevent the rising of the waters to a great height, and the banks will thereby in a measure bee disburthened, and so the lands better freed from in- undation then by any other way, and the towns which lye without the banks be kept safe from drowning. The River of Wisbich, from Guyhurn downward, must be widened, to make it sufficient for both waters. The sluice at Clowes Cross, made to issue the waters of the fenns must be stopped, and the fenn waters for that part of the country must goe part to Crowland, and so by Spalding to the sea, and by Murra Plash, as need shall require; and if the fall can be gained at Guyhurne, part may goe by Wisbich, otherwise Welland and Murra Plash must remain the only drains for the downfall, which are not sufficient to receive it. By these works the lands of Ellow will be freed from inundation, and Deeping be safe, together with the rest of all the lands in that level from Glean to Morion's Leame, and thereby the lands of Ellow, and on the north side of Wisbich, will be discharged of the fenn waters which did run above the same all the winter by the Shire Drayne. And now to the contrary, Welland and the Shire Drayne will be turn'd to be good servants instead of ill masters to those countries, to issue their downfall all winter by them. And so they will be made sure and certain countries ; and if the owners of the lands of Ellow and the north side of Wisbich cleanse their ditches to lead away their downfall, they shall not want any further head drains other than that of Welland and the Sheire Draine. The Sheire Draine must be for a cer- APPENDIX. tain length amended something and altered, and a sluice to be set next the outfall of Wisbieh River to issue the waters of Ellovv and the north side of Wisbieh ; which outfall will last always, the work being made as afore- said. The Work which li/eth in the Middle, between Morton^s Leame and Bedford River, the River nozo running through it. This part is to be drained by a bank which is to go from Standground to the Fields of Wittlesey, and from Eldernell to Guy hum on that side. On the other side a bank to be made from or near Erith Causey along Bed- ford River to Poedike Bank or Salters Load, and by these banks the waters of Neane on the one side, and the Ouse on the other side, will be fenced out of this part of the Levell, and Neane hereby will be turned to Wisbieh. But when Neane is turned to Wisbieh, and so to the Object, sea with Welland, though there be provision made for all those waters in time of extremity, to bed on between bank and bank, and between the bank and the upland j yet the channel of Wisbieh from Guyhurne to the sea will not bee sufficient (may be objected) to issue the said waters of the said rivers, and so the levels on both sides may be endangered, and the banks be overflown and broken down when great waters come down, for want of sufficient issue made from Guyhurne to the sea. I confess that it is needfull to make the opening of Answer. Wisbieh River in a larger manner than now it is, and as is heretofore spoken of. 360 APPENDIX. But yet its a question, when there is sufficient room left for the water to bed on, whether in such a case the opening in a great measure every where shall be needfull ; and my reason is, that when all those waters are put that ■way, the river lying in a sandy ground, they will grind their own outfall, especially the lower ends thereof, and make itself navigable, and more deep by far than now it is j and the sluice at the Horseshoe will not be sufficient to carry away the water, therefore the water is to bee cut through near the sluice, if the river, by the straight line through the north side of Wisbich be not made, and by this work either way a fall will be gained. That this part of the fenn will issue its downfal that way so well as if it were in the Ouse, because that an- ciently the waters of Neane and the most part of that of Welland and Ouse by the West Water, went by Wisbich to the sea; and that the channel at that time could not he broader, as may be guessed and seen, then now it is. It shall not need to be widened any more. The two rivers meeting will grind the channel through the marsh, and make Wisbich a haven town like that of Lynn, though not in such measure of wideness. And that objection of the sands which the floods bringeth in, and so stoppe the channell again, is not to be considered now ; for when there is a river which hath a back water, as this will have, it will grind deep, and open itself by the water at every ebb ; and for instance, the Ouse, from Little Port to Lynn, keeps his depth by reason of the back waters ; so will Wisbich River keep itself open, having the water of these two rivers. Object. Because it may be objected, that the inhabitants of Peterborough have navigation from their town to Lynn by the river Neane as now it runneth, which will then be taken away. Answer. It is answered, that the works being thus contrived, they shall not need to fetch and carry their commodities APPENDIX. 361 SO far, but go the nearest way to Wisbich, and then it shall not be requisite to have a navigable sluice at Stand- ground (unless they and the towns thereabouts shall give sufficient reason for it), which I shall endeavour to'avoid with such like works as I can, because they are boih chargeable and dangerous in the makeing and maintain- ing ; and having their navigation to Wisbich, they shall need no other. There is for the service of this work, in the opinion of Object, most men, a drain to be made from Well to fall into Ouse about Germans Bridge, thereby to lead the down- fall of this level to the sea, with a sluice in the head thereof. For answer hereunto I say, that my opinion is : That Answer, this drain and sluice, the reason of the third work, and of the opening of Wisbich River considered, shall not be needfull ; for if the Ouse at Salter's Load be disbur- thened of the confluence of waters now it hath, then the Poedike where it fall into Ouse, will issue four times more water than now it doth ; for the Ouse doth now receive farr more water than it shall after the third work be made as hereafter is expressed ; and thereby it must conse- quently follow, that this draine from Well to Germans Bridge shall not be needfull. Moreover the great receptacles which are in this Levell by the great Meeres of Witlesey, Ramsey, &,c. make it evident, that the downfall will never want a head drain on that side ; for if there were one, yet the waters would first go to the receptacles, and there lye untill the drains receive them : and in that interim the channel of Neane will be sufficient to send it down in good time to the fall, considering the Poedike to be as sufficient as Neane can be ; and the waters of Peterborough being turned to Wisbich, it will disburthen the channell of Neane and the Levell in gencrall. 362 APPENDIX. The Third fVork, being a Level on the South Side of Bed- ford River, and so along and betrceen the Uplands of Suffolk, Norfolk, and Cambridge. The River of Ouse is the principall river that runneth through this part of the country to the sea, and cometh from Huntingdon by Saint Ives to Erith, where it be- ginneth to come into three fenns, and so to Ely, then to Littleport, and from thence to Salter's Load, Downham, and Lynn, and so to the sea 5 and with the other rivers doth familiarly over runn all these fenny lands on all oc- casions of floods, which come down by the rivers ; and as this River of Ouse goeth down through the fenns, the River of Grant, which cometh from Cambridge, falls thereinto, some distance above Ely ; the River of Bran- don likewise falls into it at Priests-Houses, and the River of Stoke falls into it something above Salters Load ; and all these loose their names by Ouse. A great part ol' the river Neane, which cometh from Peterborough, doth fall into the Ouse, likewise all which meeting in one at or about Salter's Load, doe surcharge the river in such manner as that this part of the country is more over- flown and dangerously drowned than any other parts of the fenn are ; and the said several rivers which fall into Ouse, except Neane, do fall into the south side thereof, the one above the other, and all of them cross wise in- clining to the north, and the Ouse running to the east, in such a manner indeed, as if the lands were made pur- posely to be overflown, and so to remain ; the thwarting thereof divides it into several levels, the one above the other ; and if those lands should be drained by several divisions, then the one level must put his water on the other, and so annoy the one by discharging the other. APPENDIX. 3@B which would make an imperfect work; and my reason thereof I have given more at large heretofore. To have this part of the country and those several levels drained and made winter ground, they must be made but one level, and many great alterations are to be made therein, by bringing the very rivers which run through it another way ; for as they cross-ways fall into Ouse, those lands cannot be made winter grounds by the ordinary way of draining, as heretofore is made mention of. Therefore, the principal river, which is Ouse, may not go down through the fenns, as now it doth, but the best way is to turn that river at Erith into and next unto Bed- ford River, and to shut the passage of Ouse, as now it goeth, by a cross bank through the river to the firm land, and so force it into that course as now Bedford River goeth, whereby all the lands below Erith will be freed from the overflowing of Ouse. And to the end that the water of Ouse shall not annoy the country any farther, the said Bedford River is to be imbanked on each side thereof, to keep Ouse within cer- tain bounds : the banks thereof must be a great distance the one from the other, so that the water, in time of ex- tremity, may go in a large room to keep it from rising too high, and the more, because there is a great distance of about £5 miles from Erith before it comelh to the per- fect fall. And those lands which are to bee left for the waters to bed on, will be good meadow ground within some time, improved by the water of Ouse to a great value. The three Rivers of Mildenhall, Brandon, and Stoke, must bee made one river, and to that end Milden- hall must be brought into Brandon, and both into Stoke, and all into Ouse; and in that manner that the downfall of that level may be brought through a drain to be made to a better fall than that of Stoke for the downfall of Grant to go in. The land between the new cut and the banks, to the 364 APPENDIX. number of four or five thousand acres by guess, will bee fit receptacles for the waters at all times of extremity, and the old rivers will thereby -remain to be sufficient drains to lead the downfall to Ouse within the slop. The Upland Country from Mildenhall to Stoke, is a bar- ren and sandy country. Therefore, the meadows which are to be left between the banks and the uplands as aforesaid, will be very usefull for them, and receive by the white waters within some time as good an improve- ment as any other lands made winter grounds. The River of Neane being turned to Wisbich, as is aforesaid in the second worke, none other river remains to be taken order with but Grant; and this river must be led awav by Ouse, in such manner as the alteration of the works shall appear to require, after all the other works be done. And for the brooks and runlets which lye that way, they are likewise to be guided, as upon the alteration shall appear to the best service. By this alteration, all the rivers except Grant are turned out of their usual course, so that the old channel of Ouse, which was the channel for Ouse, Grant, Mil- denhall, Brandon, and Stoke, having now to receive but Grant alone with the downfall, will find room enough within the channel without much imbanking. To facilitate this work for a perfection, there must be made a sufficient fall for that levell by a sufficient drain to begin at Ouse Stopp, and so to go downward near the fall underneath Stoke, if need be, to bring Grant and the downfall by this drain below into Ouse at the Ouse Stopp through the sassc, and the sluice to be made there a good quantity will issue ; but all cannot issue there, nor at all times, for the rivers, when they are up, will take away the fall ; and the drain for Grant to go in must have a good fall continually, to speed the waters of Grant away, because it is mixed with the downfall of APPENDIX. 356 thai levell, contrary to the rule of draining ; and there- fore by art it must be observed how that must be^ ac- cording to the operation which shall happen. And though it be against the rule to mix the downfall with the river, yet in this case it cannot be avoided. And the channel of Ouse, being of a great wideness and depth, whereby it receives not only Ouse^ but also Grant, Mildenhall, Brandon, Stoke, and part of Neane, and the tyde of the sea will be sufficient when all the rivers and confluence of waters are led and turned out of this channel, save Grant only. And that there is made a new river or passage to the fall as is aforesaid for Grant and the downfall, which being done, I conceive this channel of Ouse being of such wideness and depth, will be able to receive with ease, the River of Grant, to- gether with the downfall, without prejudice of the lands, the workes being contrived accordingly as they should be. Consider that if the three rivers should fall into Ouse where Stoke River now falls in, that then the Ouse will leave all the same waters which it had before except iNeane, and then the Ouse will not be so farr discharg'd. That the drain may be spared, for the River of Grant and the downfall of the level to go in, but must go un- derneath Stoke in a pipe or tunnel, and so in the drain, go into Ouse where the fall is sufficient, unless the turn- ing of Ouse a straighter way to the sea do not hinder the fall ; but this must be contrived according to the event thereof, and before no certainty can be had therein. And if the three rivers be brought to fall into Ouse where the fall is good and sufficient, then the Ouse at the outside of the sasse, will be discharged of that quan- tity of water, which together with Neane, I esteem a moiety of all the water it had before, and no question but thereby a sufficient fall for the downfall may be gained, and not be put to a drain for Grant, and the downfall in that measure of charge which otherwise it would be. 366 APPENDIX. And by this it may plainly appear to your Majesty, that near the moiety of banks which in the other way of ordinary drayning are to be made, are cut off, and con- sequently the charge for the makeing and maintaining of them, lesser this way, than by any the other designs. And hereby the land will become more certain for ha- bitation, and by reason thereof, of a farr greater value than otherwise. And this is as much as I can inform your Majesty by writins:. APPENDIX. 367 No. XVIIL AN ACT DRAINING OF THE GREAT LEVEL OF THE FENS, Extending itself into the Counties of Northampton, Norfolk, Suffolk, Lincoln, Cambridge, and Hunting- don, and the Isle of Ely, or some of them. Die Martis, 29 Maii, 1649- AN ACT for the Draining of the Great Level of the 1649. Fe7is, extending itself into the Counties of Northampton, Norfolk, Suffolk, Lincoln, Cambridge, Huntingdon, and the Isle of Ely, or some of them. Whereas the said Great Level, by reason of frequent Preamble, overflowing of the Rivers of Welland, Neane, Grant, Ouse, Brandon, Mildenhal, and Stoke, have been of small and uncertain profit, but (if drained) may be im- proved and made profitable, and of great advantage to the commonwealth, and to the particular owners, com- moners, and inhabitants, and be fit to bear coleseed and rapeseed in great abundance, which is of singular use to make soap and oils within this nation, to the advance- ment of the trade of clothing and spinning of wool, and much of it will be improved into good pasture for feed- ing and breeding of cattle, and of tillage to be sown 368 APPENDIX. with corn and grain, and for hemp and flax in great quantit}', lor making all sorts of linen cloth and cordage for shipping within this nation; which will increase ma- nufactures, commerce, and trading at home and abroad, will relieve the poor by setting them on work, and will many other ways redound to the great advantage and strengthening of the nation : And first, to the end it may be known what that Great Level is, and for the ascertain- ing the extent, bounds, and limits thereof, and for pre- vention of all doubts, questions, and ambiguities touch- ing the same, be it enacted, ordained, and declared by Boundaries of the authority of this present Parliament, that the moors, t e eve . marshes, fenny and low surrounded grounds, bounding themselves eastward from the bridge and causey of Stoke unto Brandon Bridge, upon the uplands of North- wold, Methwold, Feltwell, Hockwold, and Wilton in the county of Norfolk, and from Brandon Bridge unto the end of Worlington Lode upon Mildenhall River, upon the uplands of Brandon, the low grounds of Waynsford excluding the same, the uplands of Laking Heath, the low grounds of Eastwell excluding the same, and the uplands of Mildenhall in the county of Suffolk, southward from Worlington Lode unto Burwell Block, upon the uplands of Freckingham, Isleham, Fodham, Soham, and Wicken in the county of Cambridge, and excluding the low grounds of Burwell, Lanward, and other places lying eastward from Burwell Block afore- said ; and from thence unto the Mill near Anglesey Abbey, upon the uplands of Burwell Reach, Swaffham Prior, Swaffham Bulbeck, and Bottesham in the said county of Cambridge, and from thence unto the Ferry- place at Clayhith, upon the uplands called Qui Hall, the low ground called Low Fen, and the uplands of Horningsey and Clayhith, in the said county, excluding the low grounds called Low Fen and Offen, and from the said Ferry-place unto Over Lode, upon the uplands APPEND rx. 369 of Walerbeach, Cottenham, Rampton, Wivelingham, and Over, in the said county of Cambridge, and upon the low grounds of Swacey in the said county, exclud- ing the same westward from Eritb, unto ihe dam lately made upon the river Neane near Slandground, upon the Uplands of Somersham, and the Soake thereof, War- boys, VVistow, Berry, Ramsey, Upwood, Raveley, Woodwalton, Sawtrey, Connington, Glalton and Holme, Caldicot, Denton, Stilton, Yaxley, Fasset, and Stand- ground, in the county of Huntingdon, excluding the low grounds lying on the north side of the river Ouse above Erith ; and from the said dam unto Peterborough Bridge, upon the said River of Neane ; and from thence unto the Ferry-place near Waldram Hall upon the Up- lands of Peterborough and the Soake thereof in the county of Northampton, northward from the said Ferry- place near \V''aldram Hall unto Crowland Bridge upon the River of VVelland, and from thence to Dowsdale upon the banks of Great Porsand, and from thence unto Guyhurne upon the Southea Bank, and from thence unto Tilneyhurne upon the bank of the fen ground called Walderse}', and from thence unto Elme Leame at Gran- gers House upon the bank of the fen ground called Cold- ham, and from thence unto the River of Neane near Thurlings in Upwell, upon the bank of Needhara called Bishops Dike, and from thence unto Well Creek at the north-west corner of Walsingham Fen, upon the bank of the grounds in Upwell and Outwell, called Plawfield and Churchfield, excluding the aforesaid fens and grounds called Waldersey, Coldham, Needham, Plaw- field and Churchfield; and from thence unto Salters Lode upon the new Podike Bank, and from thence unto the mouth of the river Wissey upon the river Ouse, and from thence unto Helgey Bridge upon the river Wissey; and from thence unto the upland at the end of the bank of the grounds late of Edmond Skipwith, Esq. deceased, 2 B m APPENUrX. Exception of Edmond Skip- with's grounds. upon the said bank; and from thence unto Stoake Bridge, upon the Uplands of Roxham, Dereham, Were- ham, Wretton and Stoake in the said county of Norfolk : And all moors, marshes, fenny and low surrounded grounds, within the bounds, limits and precincts afore- said, are and be, and shall from lime to time hereafter by virtue of this act be taken and esteemed to be the said Great Level, to be drained as hereafter is expressed ; except always the imbanked grounds late of the said Edmund Skipwith, Esq. lying on the north side of the River of Ouse. And whereas Francis late Earl of Bed- ford, in his life-time, did undertake the said work, and had ninety-five thousand acres, parcel of the said Great 95,000 acres Level, decreed and set forth in October in the thirteenth tober, 13 Car. J^ar of the reign of the late King Charles in recom pence B Tf^^i*^^ °^ thereof; and he and his participants, and the adven- turers in the said work, and their heirs and assigns, have made a good progress therein with expence of great and vast sums of money, and so far proceeded as that the greatest part of the said ninety-five thousand acres was divided b}' twenty lots and shares amongst the said Fran- cis Earl of Bedford, adventurers and participants, and their assigns ; but by reason of some late interruptions, the works there made have fallen into decay, so that the intended benefit to the commonwealth hath been in a great measure hitherto prevented and delayed i And whereas William now Earl of Bedford, son and heir of the said Francis, late Earl of Bedford, and the said par- ticipants and adventurers, their heirs and assigns, are content to proceed effectually in the said work of drain- ing, and forthwith after the passing of this act to begin and prosecute the same without cessation or intermission, until the work be done, unseasonable times and extre- mity of weather only excepted ; to the end therefore so j public a work, proper for the care of a Parliament, may continue, proceed, and be prosecuted with justice, APPENDIX. 371 equality and effect, Be it enacted and ordained, and it is hereby enacted and ordained by the authority afore- said, that the said William Earl of Bedford, the said ^Y'"'^"' ^'^';' of Bedtord de- participanls and adventurers, and his and t^eir heirs and dared under- assio^ns, be and are hereby declared to be the under- takers of the said work of draining the said Great Level, and shall at or before the tenth day of October, which Time to com- shall be in the year of our Lord 1G56, cause the same to drfdninAni be drained and iinbanked, without prejudice to the navi- October 1656, '■ *; without preju- gation in the said rivers or the parts adjacent ; and all the dice to naviga- said Level, except as hereafter is excepted, shall be made winter ground, in such manner as the said rivers or any Tobemade of them shall not overflow the grounds within the said ^^"'^"^ Bround, Level ; breaches by inevitable accidents, which are in convenient time to be repaired and made good again by the said William Earl of Bedford, participants and ad- inevitable venturers, his and their heirs and assigns, only excepted ; cepted. and except such lands and grounds, parcel of the said level, which are not to exceed fifteen thousand acres at the most, which may be left in several places for recep- Receptacles tacles and beds for the water upon sudden rains and "5 ooo^acres, floods, besides the meers, pools, and channels within the besides meers, said Level which are not intended to be drained. And be it therefore further enacted and ordained, that the said William now Earl of Bedford, Edward Russell, Esq; Four trustees Robert Henley, Esq. and Robert Castle, Esq. their heirs and assigns, upon the trusts hereafter following, and in recom pence of the aforesaid charge and adven- ture, and for bearing the charge of draining and main- taining the works from time to time, shall have and en- joy the said whole ninety-five thousand acres, as well those parts which were not, as those which were com- prised within the said twenty lots, parcel of the said Great Level, and lying within the boundaries as before- mentioned, as the same have heretofore been set forth in October in the thirteenth year of the reign of the said land's ob set out £ B 2 372 APPKNDrX. in October, 1 3 Car. Four trustees to execute es- tates upou re- quest. Commission- ers hereafter named to de- termine differ- ences. William Earl of Bedford, partieipants and adventu- rers, to make new, or enlarge any old cuts, &c. Free egress with carts, car- riages, f D adventurers said work of draining; yet nevertheless every such per- sliares to eon- , . /• 1 • 1 I /■ tribute to rc- son or persons so adventuring, after the said work oi pairs and main- draining or any part thereof shall be judged to be done, '*^"'»""* 380 APPKNDIX. shall always afterwards, for the quantity of his and their adventure, be liable and cciuallv coiilril)utory, according to his and their jjroporlion, to and with the residue vi the said ninety-five thousand acres, or any part thereof, for and towards the repairs, maintenance and keeping of the said works of draining: And whereas by a law or de- Lawof Sewers, ^.^^.^ ^^j- s^^^vers, made in the nineteenth year of the reign of King James, one hundred and twenty thousand acres were decreed to be given for the draining of the said Law of Sewers Level ; and whereas by another Law or Decree of Sewers, at Huntingdon, tt • i • i r* i c i • 14 Car. i.de- made at Huntmgdon, ni the fourteenth year or the reign vdd.*^""'^ ^"'^ of the said King Charles, fifty-seven thousand acres over and above the said ninety-five thousarid acres, were also decreed to be given for the said draining; now to the end the country may not be double charged, nor any diminu- tion of the recompence hereby intended to be given for the said work, be it therefore further enacted. That the said two Laws or Decrees of Sewers shall from hence- forth be null, void, and of none effect, to all intents and Earl of Bedford purposes uhatsoever. And to prevent differences be- and adventu- rers to meet tween the adventurers and participants, their heirs and and enter in a • jii'^i. i i book names assigus, and that adventurers and purchasers may enjoy nndsharesof what of right to them beloni2;s, be it further enacted, adventurers. ^ " _ that the said William Earl of Bedford, adventurers and participants, their heirs and assigns, or so many of them as will, do meet the Thursday fortnight, next after the passing of this Act, in the Middle Temple Hall, London, and there chuse a treasurer and clerk ; and within three months after the j)assing of this Act, cause to be entered by the said clerk in the aforesaid book the names and particular shares of each adventurer, participant, or heir or assignee of any adventurer or participant in the said No conrcyance cr - • i of'j'f.oou ninety-five thousand acres: And that no conveyance lid but from hereafter to be made, either by the said William Earl time of entry q^- Bedford. Edward Russell, Robert Henley, end Robert in a book by - ' ' ' clerk, or inrol- Ccistle, and their heirs, in pursuance of the aforesaid rocnt iu Chan- . . ccr)-. trust or otherwise, or any assignment, lease, grant, or APPENDIX. 381 conveynnce b}' any adventurer or participant, their heir's or assigns, of any of the said ninety-five thousand acres, or any thing or charge upon or out of the same, shall be valid or of force, until such assignment, lease, grant or conveyance or charge shall be entered in the book with the said clerk for tlie lime being, or inrolled in the Chan- ccrv. And be it further enacted and ordained by the Commissioners \ . r -11 I • • I c after named, authority aroresaid, that the commissioners iK^reatter on examination named, or any six or more of them, shall and may in- oath^andUieir form themselves by examination of witnesses upon oath, own view, may adjudge of which hereby they or any six or more of llicm shall have matters neces- powcr to administer, and by their own view, or by both ^^^^^ accord- or either of the said ways, us in the4r judgment shall be ing t" the in- •^ ' . tent of tills expedient, of all such points, matters and things which act. in their judgments are or shall be necesssary, for the belter and more speedy executing all and every ihe powers hereby given them, and doing justice therein ac- cording to the true intent and meaning of this Act. And tlie sheriffs, and all other officers and ministers of Sheriflfsand ..,.,, officers to assist all and every the respective counties in which the pre- tliem. misses lie, are hereby required to be aiding and assisting in all and singular the premisses. And it is hereby en- acted and ordained by the authority aforesaid, that Wil- Commissioners Ham Lenthall, Esq. Speaker of the Parliament, the °*"^ ' Lord Keeper, Lord Chancellor, or Lt;fd Commissioner or Commissioners of the Gieat Seal of England for the time being, all the Judges of the Upper Bench and Common Pleas, and Barons of the Court of Exchequer for the time being, Philip Earl of J'embroke and Montgomery, William Earl of Salisbury, Edward Lord Howard Baron of Escrick, Sir John Danvers, Knight, Sir John Bur- goyne. Knight, Sir John Bourchier, Knight, Sir Tho- iiris Walsingham, Knight, Sir Nathaniel Barnardiston, Knight, Sir Gilbert Pickering, Knight and Baroqet, Sir Dudley North, Kniuht, Sir John Trevor, Knight, Sir Peter Wentworlh, Knight of the Bath, Sir John Eve- [\82 APPENDIX. lyn of Wilts, Knight, Sir Henry Mikhiiay, Knight, Oliver Cronnvell, Lieutenant General, Henry Ircton, Commissary General, Uobert Reynolds, Esq. Miles Corbet, Esq. Nathaniel Baeon, Esq. John Maynard, Esq. Henry Darley, Esi\. Robert Brewster, Esq. John Crew, Esq. John Trenchard, Esq. John Palmer, Doctor of the Laws, John Goodwin, Esq. Colonel Valentine Wanton, Talbot Pepys, Esq. Alexander Rigby, Esq. John Gourdon, Esq. William Leman, Esq. Thomas Toll, Esq. Francis Bacon, Esq. Nicholas Love, Esq. Luke Robinson, Esq. Richard Cromwell, Esq. Colonel Edward Rossitor, John Selden, Esq. Nathaniel Fines, Esq. William Pierrepont, Esq. John Dove, Esq. Colo- nel Francis Russell, Richard Knightley, Esq. John Fry, Esq. John Sadler, Esq. Edward Eltonhead, Esq. Jere- miah Whitchcot, Esq. William Steel, Esq. William Stephens, Esq. John Stephens, Esq. Thomas Ducket, Esq. John Lowry, Esq. and every of them, are hereby appointed and authorized commissioners to hear, deter- mine, order, adjudge and execute all such matters and Actions things as are prescribed in this Act before limited. And broi.iil.t for . . J I ordained by authority aforesaid, That all and any thinp; done J J J > in executing of every person or persons concerned or to be concerned by this act de- ./ i i ./ fcndant'may this Act, or which shall do any thing in execution of the ncral issut^^' same, shall and may upon any action, suit or informa- and give act in tion, plead the general issue; and upon any issue joined may give this Act in evidence, which shall be of equal force and validity as if the same had been especially pleaded, and all judges, justices, jurors and others, so to accept the same. APPENDIX. No. XIX. GENERAL ACT, 15 CAR. 2. c. 17. 383 ANNO REGNI CAROLI II. REGIS ANGLIC, SCOTL^, FRANCIS ET HIBERNI^, DECIMO QUINTO. At the Parliament begun at Westminster the eighth Day of May jlnuo Domini l66l, in the thirteenth Year of the Reign of our most Gracious Sovereign Lord Charles, by the Grace of God, of England, Scotland, France and Ireland King, Defender of the Faith, &c. And there continued till the nineteenth of May in the fourteenth Year of his Majesty's said Reign : and thence prorogued to the eighteenth of February then next following : And there continued to the twenty-seventh of July in the fifteenth Year of his Majesty's Reign : and thence prorogued to the sixteenth of March then next fol- lowini^. AN ACT for settling the Draining of the Great Level of 16fi3. the Fens called Bedford Level. Whereas certain moors, marshes, fenny and low Preamble, surrounded grounds within ibe counties of Northampton, ^°'* APPENDIX. Norfolk, SiiHolk, Lincoln, Cambridge and Huntingdon, and the Isle of Ely were called the Great Level of the Fens, and after several fruitless undertakings for draining the same were, upon the desires of many persons of worth and interested in the same, declared to be a great and noble work, and of much concernment to the whole ctuintry, and at their earnest desire undertaken to be drained by Francis late Earl of Bedford, according to a Law of Sewers made at King's Lynn in the sixth year of the reign of the late King Charles of glorious memory, Boumiarics of whicli Said Level is bounded as followeth, {viz.) eastward from the bridge and causey of Stoake unto Brandon Bridge upon the uplands of Northold, Methold, Felt- well, Hockwold and Wilton in the county of Norfolk, and from Brandon Bridge unto the end of Worlingtou Lode upon Mildenhall River, upon the u[)lands of Bran- don, the low grounds of Wainsford excluding the same, the uplands of Lakinghealh, the low grounds of Earse- well excluding the same : and the uplands of jNlilden- hall in the count}' of Suffolk southward from Worlington Lode utito Burwell Block upon the uplands of Freking- ham, Islham, Fordham, Soham and VVickin in the county of Cambridge, and excluding the low grounds of Bur- well, Landward, and other places lying eastward from Burwell Block aforesaid, and from thence unto the mill near Anglesey Abby upon the uplands of Burwell Reach, Swaffham Prior, Swaffham Bulbeck, and Botsham in the county of Cambridge ; and from thence unto the Ferry-place at Clay hi th upon the uplands called Quy- hall, the low ground called Low Fen, and the uplands of Horningsey and Clayhith in the said county, exclud- ing the low grounds called Low Fen and Offenne; and from the said Ferry-place unto Over Lode upon the up- lands of Water-beach, Cottenham, Rampton, Wiveling- ham and Over in the said county of Cambridge, and upon the low grounds of Swacy in the said county, ex- APPENPIX. cludinsr the same westward from Erith unto the dam lately made upon the River Neane near Standground upon the uplands of Somersham and the Soake thereof, Warbois, Wistow, Berry, llamse}^ Upwood, Raveley, Wood- Walton, Saw trey, Connington, Glatton, and Holme, Caldecott, Denton, Stilton, Yaxley, Fassett and Standground in the county of Huntingdon, exclud- ing the low grounds lying on the north side of the River of Ouse above Erith ; and from the said dam unto Peter- borough Bridge upon the said River of Neane; and from thence unto the Ferry-place near Waldron Hall upon the Uplands of Peterborough and the Soake thereof in the county of Northampton ; and northward from the said Ferry-place near Waldron Hall unto Crowland Bridge upon the River of Welland, and from thence to Dowsedale upon the bank of Great Porsand, and from thence unto Guyhurneupon the Southea Bank, and from thence unto Tilnehurne upon the bank of the fen ground called Waldersea, and from thence unto Elme Leame at Grangers House upon the bank of the fen ground called Coldham, and from thence unto the River of Neane near Thurlings in Upwell upon the bank of Needham called Bishops Dike, and from thence unto Well Creek at the north-west corner of Wassingham Fen, upon the bank of the grounds in Upwell and Outwell called Playfeild and Churchfeild, excluding the aforesaid fens and grounds called Waldersea, Coldham, Needam, Play- feild and Churchfeild ; and from thence unto Salters Lode upon the new Podykc Bank, and from thence unto the mouth of the River Wissey upon the River Ouse, and from thence unto Helgay Bridge upon the River \\'issey, and from thence unto the uplands at the end of the bank of the grounds late of Eduiond Skipwith, Escj. deceased, upon the said bank, and from thence uuto Stoake Bridge u[>on the uplands of Roxham, Deer- ham, Wccrhaui, Wrctlon and Stoake in the said county 2 <: 385 386 APPENDIX. Except Mr. Skipwith'a ground. Recites Francis Earl of Bed- ford's undor- tnking, and to linve i)r),OUO Acresk Indenture of i«urlecn nnrtB. Jncorporatod. Earl William's uiidertakins:. Act of May 1649. of Norfolk, except the imbankcd grounds late of Edmond Skipwith, Esq. lying on the north side of the River of Ouse. And nhercas the said Francis late Earl of Bed- ford was to have, for his recompence of effecting that difhcnlt work, only ninety-five thousand acres of the said grounds, with convenient highways and passages to the same ; and the new rivers, cuts and drains to be made by thesaidEarl andhis assigns, and the banks of the same and the forelands in the inside of the said banks not to exceed sixty foot in breadth, which was a work of so great and public concernment, that his said late Majesty gave great encouragement to the said Francis late Earl of Ikxlford, and others, whom he had taken in to be adven- turers and participants with him therein, upon the cove- nants, conditions and agreements contained and specified in and by a certain indenture of fourteen parts, bearing date the seven and twentieth day of February in the seventh year of the reign of his said late Majesty, and his Royal assurance to further it by his concurrence t& an Act of Parliament for establishing thereof, and did by Letters Patents under the Great Seal of England incorpo- rate the said late Earl, his adventurers and participants, , to have succession for ever; and in order to the effecting thereof, the said late Earl and his adventurers and parti- cipants bestowed great sums of money for j)erfecting the same; and after his death, and some interruptions, Wil- liam now Earl of Bedford, son and heir to the said Earl Francis, with divers of his adventurers and participants, bv colour of a pretended Act of Parliament of the nine and twentieth day of May in the year of our Lord one thousand six hundred forty and nine, proceeded in the compleating and finishing the said works, and the com- ! missioners appointed by that pretended Act did adjudge the same drained ; but the same cannot be preserved I without a perpetual constant care, great charge and orderly government, which being re|)resented to the ' APPENDIX. 387 King's most Excellent Majesty that now is, he hath been graciously pleased to declare more than an ordinary wil- lingness to promote and countenance a work of so pub- lick concernment, and many wa3's advantageous to this his kingdom. To the end therefore that a work of this nature may receive publick support and encouragement: II. Be it enacted by the King's most Excellent Ma- Earl William jesty, with the advice and assent of the lords spiritual J"nt^YnJorpo. and temp.oral, and commons in this Parliament assem- rated, bled, and b}' the authority of the same. That the said William Carl of Bedford, son and heir of the said Francis Earl of Bedford, and the adventurers and participants of the said Earl Francis and Earl William, or either of them, their heirs and assigns, in such manner as is here- in contained, shall be a body politick and corporate in deed and name, and have succession for ever, by the name of the Governor, Bailiffs and Commonalty of the Company of Conservators of the Great Level of the Fens ; which corporation shall consist of one governor, six bailiffs, twenty conservators and commonalty, and shall have and use a common seal to be appointed by themselves, and assemble and meet together when, where, and as oft as they please, and appoint a Register, Re- ceiver, one or more Serjeants at Mace, and other offi- cers, and allow them salaries, and remove them and make new at their pleasure. And the said William Earl of Bedford is to be the first Governor ; Richard Lord Gorges, Sir Richard Onslow, Knight, Sir William Terringham, Knight of the Bath, Samuel Sandys, Thomas Chicheley, and Samuel Fortrey, Esquires, the six first Bailiffs; Sir Gilbert Gerhard, jun. Knight, William Denton, William Crane, Edmond Berry- Godfrey, Arthur Evelyn, vSamuel Smith, Roger Jennings, Robert Castle, Robert Ilamp- «on, Joseph Ayloffe, Es(|uires, Thomas Lord Culpepper, Sir John Ilewell, Baronet, Arthur Onslow, Robert Phil- li|)s, Anthony St. John, Esquires, Sir Oliver St. John, '2 c 2 388 APPENDIX. To fontiniio till Whitsua- wcek 1664. To sue and be sued. To piircliasc lands. Govrrnor, EaililFs and Cimsorvators, or any five, whereof Go- vernor and Bailiff;; to be two, may lay taxes. Penalty not to exceed a third part. And all other thinffs do, re- lating to the sujiport, &c. Earl of Port, land's 2,000 acres. Sir Charles Harbord, Kni^lits, Francis Hoblyn, Sninuel Sandys, jnn. and Robert 'I eninghani, Kaqnires, the firsi Conservators. And the said governor, bailiffs, and conservators to continue until Wednesday in Whitsun wock in the year of our Lord one thousand si.x hundred sixty and four, and from thenceforth until new elections by the said corporation, or the major part which shall be then present ; and shall be capable to sue and be sued, and without licence of mortmain to purchase manors, lands, tenements, and hereditaments, not exceeding two hundred pounds per annum, and goods and chattels, and to dispose thereof in the name, and to the use of the said corporation; and the said governor, bailiffs and conser- vators, or any five or more of them, whereof the said governor or bailiffs or an}' of them to be two, shall and may lay taxes from lime to time upon all the said ninety-five thousand acres onlj' for support, maintenance and preservation of the said Great Level, and levy the- same with penalties for non-payment, not exceeding a third part of the tax, and all other things do in order to the support, maintenance and preservation of the said Great Level and works made and to be made. in. And whereas by the said Law of Sewers twelve thousand acres, parcel of the said ninety-five thousand acres, were designed and intended to his said late Ma- jesty, and were set forth and allotted by bounds in seve- ralty, and his said late Majesl}' was in possession thereof, and granted, assigned, allotted and set out by bounds two thousand acres, [)arcel of the said twelve thousand acres, by letters patents, unto Jerome Earl of Port- land,* his heirs and assigns, of which said two thousand acres the said Earl of Portland hath sold away about one * This family ^verc not ancestors, or indeed in any way related to the present noble fr.mily of Benlinck, who came into England with King Wil- liam the Second, A. D. 1668. Lcir family name was Weston. Richard W cston, Esq. was created the APPKNDIX. thousand five hundred acres in several parcels to several persons, their heirs and assigns, for valuable considera- tions, and the residue thereof, being about five hundred acres, hath granted and conveyed unto his brother Ben- jamin Weston, Esq. and his heirs, upon several trusts agreed upon between the said Earl of Portland and Ben- jamin Weston, by writing for that purpose : IV. Be it therefore enacted by the authority aforesaid. That the said two thousand acres, or such other lands of equal value as shall be set forth in exchange of the same, in case the foreraenlioned two thousand acres, or any part thereof, shall hereafter be adjudged to have been unduly set out, shall be, and hereby are vested, settled and established in the said several and respective per- sons, (to whom the said Earl of Portland hath so con- veyed or mentioned to convey the same) their heirs and assigns respectively, to each person, his heirs and as- signs, his and their several and respective share and shares, that was so respectively to each of them con- veyed or mentioned to be conveyed by the said Earl of Portland, to be held or enjoyed by them or each of them, his heirs and assigns, his and their own share and part only in severalty, according to the intent of the said conveyances thereof to them respectively made by the said Earl of Portland ; upon the same trusts neverthe- less for and concerning the said five hundred acres granted or mentioned to be granted to the said Benjamin Wes- ton, which the said Earl of Portland and Benjamin Wes- 6rst Baron Weston and K. G. ; afterwnrds iu lfi33, Eail of Portland and Lord High Treasurer : ob. I'i;!-!. 2. Jerome, son and Ucir of Richard : ob. 1GC2. 3. Charles, son and heir of Jerome : ol). 1665. 4. Thomas, uncle and heir, second son of Richard, first Enrl : ob. 1<588, wht n the title became extinct. This family appears to have been poBsesscd of considerable estate*, par- ticularly at Over in the county of Cauibridg[e, and VVood-wallou in lh« county of yuiitin^doii. 389 390 AIM'KNDIX. 83.000 acres vested in the Corporatioa. In trust for William Earl of Urdford, &c. To be held in soccage. 10,000 acres vested in the King, subject to taxes. ton had declared and agreed upon between them as aforesaid .- which said two thousand acres shall be holden of the King's Majesty, his heirs and successors, of the manor of East-Greenwich, by fealty only in fee and common soccage, and not otherwise, and subject ne- vertheless with the residue of the ninety-five thousand acres in equal proportion to all taxes and charges ne- cessary and conducing to the preservation of the said Great Level from drowning. V. And be it further enacted by the authority afore- said, That the eighty-three thousand acres, remainder of the said ninety-five thousand acres, with the said ways, passages, new rivers, cuts, drains, banks, and forelands, over and above the said ten thousand acres, residue of the said twelve thousand acres which were allotted in severalty, and of which his said late Majesty was in possession as aforesaid, are hereby vested and settled in the said Governor, Bailiffs and Commonalty of the Company of Conservators of the said Great Level of the Fens, and their successors : in trust nevertheless for the said William Earl of Bedford, and the adventu- rers and participants of the said Earl Francis and Earl William, or either of them, their heirs and assigns, in such manner and wise as is hereinafter more particularly and especially limited and provided ; and according to such parts and proportions as the}' respectively now hold and enjoy, or by virtue and provision of this Act ought lo hold and enjoy, subject and liable likewise to the pay- ment of all taxes and charges as aforesaid, to be holden of the King's Majesty, his heirs and successors, of the manor of East-Greenwich, by fealty only in free and common soccage, and not otherwise : and the said ten thousand acres, residue of the said twelve thousand acres, (whereof his said late Majesty was in possession as aforesaid) are hereby vested and settled in his Majesty that now is, and his assigns, subject and liable, with the APPKNDIX. m. residue of the said ninety-five thousand acres, to the same taxes and charges before specified. And because the said Great Level of the Fens extends into the said six counties, besides the Isle of Ely, and forasmuch as commissioners of sewers cannot legally proceed in exe- cution of their commission, but by a several jury of every county to enquire of the matters within their commis- sion in that county, which hath heretofore inforced the said Earl, his participants and adventurers, commis- sioners and countries, to very great trouble, loss and ex- pence, both of money and time; for avoiding which in- convenienciesj it is hereby further enacted by the autho- Commissioners rity aforesaid. That the said governor, bailiffs and con- "titutcd'^'^* ^""^ servators of the said corporation for the time being, or any five or more of them, whereof the said governor or Five or more a bailiffs for the time being, or their successors, or any of ver'no" or Bai- them, to be two, for maintenance and preservation of the I'^^s to Ij^^ two. said Great Level by convenient outfalls to the sea, shall for ever hereafter be, and are hereby made and consti- tuted commissioners of sewers for and of the said Great Level of the Fens : and the said governor, bailiffs and conservators, or any five or more of them, whereof the said governor or bailiffs, and their successors, or any of them, to be two, are hereby enabled and im powered from henceforth to use and exercise^the power and au- thority of commissioners of sewers within the said Great Within the Le- Level of the I'^ens, and of the works made or to be made without, without the said Great Level, for conveying of the wa- ters of the said Great Level by convenient outfalls to the sea, touching all matters and things whatsoever hap- pening to be executed or done within the said Great Level, or the said worivs without the said Great Level, en(iuirable, punishable, or to be done by commissioners of sewers, and therein to act and proceed by one or more Proceed by one juries of good and lawful men, inhabiting within any J'"^^' part or place within the boundaries of the buid Great 392 APPENDfX. Level of the Fens, though in severnl counties, as if the said Great Level of the Fens lay within one of the said counties only, and shall have power to employ the said to^ummoua'nd Serjeants, or any of them for the time being, by warrant returnjurics. or precept from the said governor, bailiffs and conser- vators, and their successors, or any five or more of them, whereof the said governor or bailiffs, or any of them, to be two, under the common seal of the said corpora- tion, to summon and return juries within the boundaries of any part of the said Great Level, and execute all pre- cepts and process from them, from time to time, and all other things do, as fully as any sheriff within his respec- tive county may or can do by warrant or precept from Juries to ap- commissioners of sewers; which juries are to appear at pear. . . the times and places set or appointed for them to appear before the said governor, bailiffs and conservators, and their successors, or any five or more of them, whereof the said governor and bailiffs, and their successors, or any of them, to be two; and are hereby impowered to Try all matters jnquire of, present and try all matters within the said within the pow- i ' r j crof Commis- Great Level, and of and concerning the said works made sioners of Sew- , , ., , • ^ r^ ^ r ^ r ers. or to be made without the said Oreat Lievel, lor convey- ing of the waters of the said Great Level by convenient outfalls to the sea, within the power of commissioners of sewers, as if the same lay within any one of the said counties, or as if the said Great Level were one distinct county of itself: And the said governor, bailiffs and conservators, or any five or more of I hem, whereof the said governor or bailiffs, or any of them, to be two, shall have further power, as well for the maintenance of the said Great Level as for laying and levying of taxes upon the said ninety-five thousand acres, to use and exercise, within the said Great Level, such and the like laws and Laws and cusS customs, and constitute and appoint such and the like toms of Rum- . ' "^ ney-Marsh. officers, from time to time, as are, or lawfully may be used ill Rurauey-Marsh in the county of Kent ; they who APPFNDIX. 393 exercise the said power of coinmissioners of sewers first taking the oath which commissioners of sewers are by the law to take, the which oath the said governor and bailiffs, or any of them, are hereby impowered to admi- nister from time to time without any farther commis- sion. VI. And because tlie metes and boundaries of the said Mistakes of counties, pa- grounds within the said Great Level, as to the counties rishes, &c.sup- and parishes, are very uncertain and hard to be distin- guished, be it therefore further enacted, That every writ, bill, plaint, count, declaration, information, pre- sentment and indictment, of, for or concerning the said grounds within the said Great Level of the Fens, or any part or parcel of the same, or any trespass, offence or wrong done, acted or committed within the said Gre;'.t Level, and proceedings thereupon, shall be good and sulBcient in law, though the county, parish, town or place, or any of them, in such writ, bill, plaint, count, declaration, information, presentment or indictment be not rightly named, so as there be such other certainty or description of the place whereby the same is or may be commonly known. VIL And be it further enacted. That no other com- No other Com- missioners of missioners of sewers shall intermeddle within the said Sewers to in- /-, T 1 1 1 II 1 I termeddlc. Great Level, or witli any tlie works made or to be made for the support, maintenance or preservation of the said Great Level, within or without the said Great Level, as aforesaid, otherwise than hereafter in this Act shall be provided. VIIL And be it further enacted, That all conveyances Allconvcy- •' ances of the by indenture of the said ninety-five thousand acres, or yr),ooo acres . ^1 ,. ^ 1 -.1 • .1 • 1 • . • to be entered, any part thercot, entered withm the said register in a and to pass the book to be kept for that pnr|)osc, shall be of equal force freehold, to convey the freehold and inlieritaiice of the said ninety- five thousand acres, or any part thereof, as if the same conveyances by indcntuie were for valuable consideru- 394 APPKNDIX. No lease, grant, &c. to be of force, but from en- try, except leases for se- ven years. To execute es- tates. Taxes arrear to be levied by Eule, other than, &c. Whitsun week to sell. lions of money enrolled williin six motjfhs in one of the King's Courts of Record at W^estminstcr ; and no lease, grant or conveyance of, or charge out of, or upon the said ninety-five thousand acres, or any part llicrcof, ex- cept leases for seven years or under, in possession, shall be of force but from the time it shall be entered with the said register as aforesaid, the entry whereof being en- dorsed by the said register upon such lease, grant, con- veyance or charge, shall be as good and effectual in the law, as if the original book of entries were produced at an}' trial at law, or otherwise. IX. And be it further enacted, That the said gover- nor, bailiffs and commonalty shall execute estates ac- cording to the aforesaid trust under their common seal, the taxes and penalties then in arrear being first paid, which for non-payment are by virtue of this Act to he levied by sale of the lands. X. And be it further enacted. That for the levying such taxes and penalties as are now in arrear, or at any time since the thirtieth day of September in the year of our Lord one thousand six hundred fifty and eight, (other than such as are hereby otherwise directed to be levied) or which shall be set and imposed upon the said ninety- five thousand acres by virtue of this Act, and shall be in arrear upon the respective parts and proportions of the said ninety-five thousand acres, the said governor, bai- liflTs and conservators of the said corporation, and their successors for the time being, or any five or more of them, whereof the said governor and bailiffs for the time being, and their successors, or any of them, to be two, for le- vying such taxes and penalties which now are or shall be so in arrear, upon the respective parts and proportions of the said ninety-five thousand acres, shall, on Wed- nesday and Thursday in Whitsun week, or either of them, every year at the Shire-house in Ely aforesaid in the said Isle of Ely, have power only to sell so much of such APPBNDIX. parts and proportions of the said ninet3'-five thousand acres, upon which any tax shall be in arrear, or penal- ties in such proportion, as the said governor, bailiffs and conservators of the said corporation, or their suc- cessors, or any five or more of them, whereof the said governor and bailiffs, or any of them, to be two, shall judge to be sufficient to raise such taxes and penalties, by any writing under the seal of the said corporation ; and the person or persons to whom such sales shall be Lawful pur- ' ' chaser, made, shall be a lawful purchaser and assignee of so much as shall be sold, to all intents and purposes what- soever. XI. Provided, that by any colour of any sale for non- Saving to te- , nants to con- payment or taxes, any tenant or tenants at will, or by unue. lease indented, upon improved rent of any part of the said ninety-five thousand acres, shall not be removed from his or their possession, until he or they shall have taken his or their crop from off the premisses so sold, paying reasonable rent, proportionable to the time that such possession shall from and after such sales be conti- nued ; and such tenanl or tenants, as shall hold any part of the said ninety-five thousand acres by lease, as afore- said, shall and may, if he or they shall think meet, con- tinue out their respective terms, paying their rent to such purchaser in proportion to the quantity of acres so pur- chased ; any thing herein contained to the contrary in in any wise notwithstanding: Provided, that the said Provided, &c. corporation, nor their successors, shall not sell any part or proportion of the said ninety-five thousand acres for any tax or penalty in arrear, which tax or penalties shall To be arrear not be in arrear by the space ot tour montlis next beiore btforc the sale, the sale, nor any more lands than only for the raisiny: of '^" ^'!,''*^ "", 'J J * C) "* more tlian only Buch taxes and penalties. to raiso tiie tax XII. Provided also. That the said corporation shall To give notice ii-i ,• c ,• . .■ r .1 . t of the iiartsar- givc publick notice trom tunc to time of the parts and n.„r, pro[)ortions of the said ninety-live thousand acres, for 396 APPENOIX. Corporation may erect now works within or without the Level, If cut several grounds to give satisfaction. To destroy works treble damages ; if maliciously done, felony. Officers to be sworn. which any ta.x or penallies is or shall be in arrear, by affixing openly at the Shire-house or Market-place in Ely aforesaid^ a schedule in parchment under the seal of the said corporation, containing such parts and propor- tions of the said ninety-five thousand acres, for which any tax or penalty is or shall be in arrear, with the name and names of the respective owner or owners, entered upon the tax roll, with the said corporation, of the said parts and proportions of the said ninety-five thousand acres so in arrear. XIII. And be it further enacted, That the said cor- poration shall and may, from time to time, erect any new works within the said Great Level or without the said Great Level, for conveying the waters of the said Great Level by convenient out-falls to the sea; so al- ways that if they cut any several grounds, they give full reeompence and satisfaction for the same, in such manner as shall be hereafter in this act provided. And if any person or persons shall cut, throw down, or de- stroy any of the said works made or to be made, as aforesaid, the parties offending shall answer treble da- mages to the said corporation, and costs of suit, to be recovered in an action of trespass to be brought by the said corporation in any of his Majesty's courts of re- cord ; and if such cutting, throwing down, or destroying, shall be maliciously done, the same shall be punished, as for the cutting the podyke in marsh land. XIV. And be it further enacted, That the said Wil- liam Earl of Bedford, nominated to be governor, and every other from time to time into that office chosen, shall (before he take upon him or them the exercise of that office^ take an oath, that he will well and truly execute that office in all things; the which oath shall and may be administered by the said bailiffs, or an}' one of them : and the said bailiffs, conservators, register, re- ceiver, or other officer nominated as aforesaid, and every APPENDIX. 397 other from lime to lime, into any of the respective offices to be chosen, shall (before he or they take upon him or them the exercise of the said respective offices) take the like oath for the true executing their respective offices ; the which oath shall be administered by the said go- vernor, bailiffs, and conservators, or any two or more of them, without anv commission or further warrant. XV. And for the continuance of the said corporation New elections in succession for ever, Be it further enacted. That the ^yg^k. said governor, bailiffs, conservators and commonalty, upon Wednesday in Whitsun week yearly, shall at a public meeting to be holden for the said corporation b}'' the greater number then present^ (whereof the said go- vernor, or one of the bailiffs to be one) elect a new governor, bailiffs, and conservators respectively : pro- Governors and . . bailiffs to have vided, that none be capable to be, or continue governor 400 acres. or bailiffs, that hath not four hundred acres, or more, of the said ninet\-five thousand acres, nor to be con- Conservators 200 acres servator that hath not two hundred acres, or more, of the said ninety-(ive thousand acres, nor any of the com- Commonalty monalty to have a voice in elections that hath not one hundred acres, or more, of the said ninety-five thousand acres. And that the said governor, bailiff's and con- servators, or any of them, shall and may be removed Maybe rc- by the said governor, bailiffs, and conservators, and commonalty, or the greater number of them present at their public meetings, whereof" the said governor or one of the bailiffs to be one, i^nd new chosen in the place of him or them so dead or removed : and the said go- vernor, bailiffs and c(jmmonalty also shall have further power to have, demand, and receive an accompt from To dcnumd ac- ,, , I r • 1 ' 1 • compts from all and every llie oiueer-;, agents, and servants, their officers, executors and administrators heretofore employed, or hereafter to be employed, for the receiving and paying of money for or in relation to the carrying on of the works of the draining of the said Ureat Level, and shall APPENDIX. Arrears of rent may be reco- Tcrcd. Plead general issue. King to have such title to the 83000 acres as any persons attainted bad. Recital of shares sold by the act of May 1(;49. and may sue for, and recover the same; and that all arrears of rent already incurred upon or out of any part of the said ninely-five thousand acres upon any contract or lease of the said premisses, or any part or parcel thereof, shall be received and recovered, as if the said pretended act had been a good and effectual act; and if any suit be commenced against the said corporation, or any person, for any matter or thing done in pursu- ance of this act, then he or they shall or may plead the general issue, and give the special matter in evidence, upon any trial to be had touching the same, which shall be as good and effectual in law, as if the same had been specially pleaded, and the jury upon the trial to give a verdict accordingly. XVI. Provided always, and be it further enacted by the authority aforesaid, That as touching and concerning such part and parcel of the said eighty-three thousand acres, whereof any person or persons attainted, or that shall be attainted, was or were in [)Ossession at any time since the nine and twentieth day of May in the year of our Lord one thousand six hundred forty and nine, under pretended sales thereof respectively made by colour of the said pretended act, or under any other title or pre- tended title whatsoever, the King's most Excellent Ma- jesty, his heirs, successors and assigns, shall have the same and like benefit, advantage and interest in all and every the said parts and parcels of the said eighty-three thousand acres, and no oLiier than as the said persons so attainted, or which shall be attainted, could or ought to have by virtue of this act in case thev had not been so attainted, or shall not be attainted. And whereas the shares, lots, parts, and proportions of and in the said ninety-five thousand acres, which in pursuance of the said indenture of fourteen parts, and by virtue or inten- tion of the said act and law of sewers made at Lynn, do belong and appertain to the said Samuel Sandys the APVENDIX. 399 elder, or his trustees, Sir William Tcrringhain, Sir Richard Onslow, and other the assignees and trustees of Henry late Earl of Arundel and Surrey deceased, Ar- thur Earl of Anglesey, Thomas Lord Culpepper, Robert Phillips, Robert Scawen, and to divers other persons, the participants of the said Earl Francis, and parties to the said indenture, or their respective heirs, executors, administrators or assigns, are now possessed and enjoyed by divers persons, who took, contracted for, or accepted of, or by such who claim and derive their interest and title from and under such persons as did take, contract for, or accept of pretended estates or conveyances of the same, made, or pretended to be made by certain persons mentioned in and by the said pretended act of the nine and twentieth day of May one thousand six hundred forty and nine, to have authority to sell the shares, lots, parts and proportions of such of the adventurers and participants of the said Earl Francis, and of their re- spective heirs and assigns, as should refuse or make de- fault of payment of such taxes, as should by colour and in pursuance of the said pretended act be imposed upon them respectively, in respect of their shares and lots, in or out of the said ninety-five thousand acres. XVII. Be it therefore enacted by the authority afore- Corporntion ta said, That the said governor, bailiffs and commonalty of for'snruivs'anii the said com pan v of conservators of the said Great oi'kt persons, \ '' . their heirs aioil Level of the Fens, and their successors, shall actually assigns. stand seised and possessed of all and every the shares, lots, [)arts and proportions last mentioned, in trust ne- vertheless lo and for the use and behoof of the said Samuel Sandys the elder, or iiis trustees in trust for him. Sir W'illiiim Tcrringhain, Sir Richard Onslow, and others the said assignees and trustees of Hetny late Earl of Arundel and Surrey deceased, Arthur Earl of Anglesey, Thomas Lord Culi)epper, Robcrl Phillips, Robert Scawen, and of their respective heirs and assigns, and to and for ^^^ APPEND I?;. the respective uses and behoofs of the said other per- sons, the participants of the said Earl Francis, and par- ties to the said indenture of fourteen parts, and of their respective heirs and assigns now out of possession of their respective shares, lots, {)arts, and j)roportions of the said ninety-five thousand acres, as heretofore in or about the month of October in the thirteenth year of the reign of the late King Charles of ever blessed me- mory, were respectively allotted, severed, set forth or divided, for or as the respective shares, lots, parts and proportions of such of the adventurers, the participants of the said Earl Erancis, and parties to the said inden- ture of fourteen parts, their respective heirs, executors, administrators and assigns, from and under whom the said Samuel Sand3's the elder, or his trustees. Sir Wil- liam Terringham, Sir Richard Onslow, and others the assignees and trustees of Henry late Earl of Arundel and Surrey deceased, Arthur Earl of Anglesey, Thomas Lord Culpepper, Robert Phillips, Robert Scawen, and the said other persons, the participants of the said Earl Francis, and their respective heirs, executors, adminis- trators and assigns, now out of the possession of their respective shares, lots, parts and proportions, do respec- tively claim and derive their said shares, lots, parts and To execute proportions; and the said governor, bailiffs, and corn- estates to them, nionally of the company of conservators, are hereby authorized and required to execute respective estates of the said shares, lots, parts and proportions accordingly, subject and liable nevertheless with the residue of the said ninety-five thousand acres, in equal proportion to all taxes and charges to be laid and imposed by virtue of this act, for })rcservation of the said Great Level ns to purclia- from drowning. And whereas the persons now in pos- prrtcmieJaVt'! session of the said last mentioned shares, lots, parts and proportions of the said ninety-five thousand acres, whereof pretended estates and conveyances were taken. APPENDIX. 401 contracted for, or accepted of, as aforesaid, do prreend that they or those under whom they do respectively claim and derive their right, title or pretensions to the said shares, lots, parts and proportions respectively, have laid out and disbursed for taxes for and towards the maintenance, preservation and repair of the works of the said Great Level heretofore erected by the said Earl Francis and his participants, and for and towards their erection of new and necessary works, for the better and more effectual draining of the said Great Level, and for building upon the said shares, lots, parts and propor- tions, more monies than the clear rents, issues and pro- tits of the said shares, lots, parts and proportions have amounted to since the said respective pretended estates and conveyances v.ere first taken, contracted for or ac- cepted, as aforesaid. XVIIL Be it therefore enacted by the authority afore- JuJicature said, and it is hereby enacted, That the Chief Justice ceed by bill of the Court of King's Bench, the Chief Justice of the ^"'^ ^''''^^'■• Court of Common Pleas, the Chief Baron of the Court of Exchequer, and the Justices of the said Court of Common Pleas for the time being, or anv two or more of them, are hereby constituted, appointed, and erected a judicature, or commissioners to hear, order, judge, decree, and determine upon bills and answers, to be ex- hibited, or otherwise as they shall think fit, between tlie said persons who are now in the possession of the said respective shares, lots, parts and proportions, and the respective heirs and assigns of the said persons now in possession, as aforesaid; and the said Sir Richard Onslow, and other the said assignees and trustees of the said Henry late Earl of Arundel and Surrey deceased, Arthur Earl of Anglesey, Thomas Lord Culpepper, the said Samuel Sandys the elder, or his trustees. Sir Wil- liam Terringham, Robert J'liillips, Robert Scawcn, and the said other persons participants of the said Earl '1 \> 402 APPKNDfX. Francis, and their respective heirs and assigns, who are now out of the possession of the said shares, lots, parts and proportions respectively, and to whom respective estates arc, by virtue of this act, to be executed of the Anytwoconi- same, as aforesaid ; and the said judicature or commis- missioncrs to . adjurig;i> to ei- sioncrs, or aiu' two or more ot them are hereby autho- t er party. rized out of the said shares, lots, parts and proportions, to order, adjudge, decree and determine to cither of the said parlies respectively, such recom pence and allow- ance as they the said judicature or commissioners, or any two or more of them shall see cause. And for the better enabling the said judicature or commissioners to proceed to the hearing, ordering, adjudging, decreeing and determining, and for putting in due and speedy exe- cution such order, judgment, decree and determination, as they or any two or more of them shall make between the said parties ; Power of the XIX. It is hereby further enacted by the authority aforesaid, That they the said judicature or commis- sioners, or any two or more of them, shall have such and the like power and authority, as the High Court of Chancery hath in cases before the said court depending, and for putting in execution the decrees of the said court. And to the end that the said judicature may be the better enabled to judge of the rights and pretensions of either party ; Respect to mo- XX. Be it further enacted by the authority aforesaid, b>^dthi!r^party. That in every decree or determination which they shall make by virtue and in pursuance of this act, they shall have regard to the sum and sums of money actually disbursed and expended by either party in the works of draining the said Great Level, and in the preservation and reparation of the same ; and also to the respective times of such disbursements and expence, defalking thereout such sum and sums of money as have been received by either party, their tenants or assigns, for the Court of Chan- cery, i APPENDIX, 403 renls, issues and profits of the same, and abating out Abating profits received, and ot the interests or the money disbursed by either part}^, interest. so much as the interest of tlie money received by such party for the rents, issues and profits of the same doth amount unto. And to the intent that the persons, who by the true intent and meaning of this act are to be put in possession of any part of the said eighty-three thou- sand acres, may not, by undue delays, or by anj' other means or pretensions, be kept out of the possession of the same ; XXr. Be it further enacted by the authority aforesaid. After six mi • • r 1 . . „ . months may ihat at any time or times, arter the expiration or six bring actions months after the passing of this act, it shall and may tateTnot exe- be lawful to and for the said Samuel Sandj's the elder, tuted. and his trustees for him. Sir Richard Onslow, and others the assignees and trustees of Henry late Earl of Arundel and Surrey deceased, Arthur Earl of Anglesey, Thomas Lord Culpepper, Sir William Terringham, Robert Phil- lips and Robert Scawen, their and every of their re- I spective heirs and assigns, and to and for the partici- pants of t!ie said Earl Francis, parties to the said in- denture of fourteen parts, their, and every of their re- I spective heirs and assigns, whose lands, shares, lots, parts and proportions of and in the said ninety-five thousand acres, were sold, or pretended to be sold, for non-payment of taxes, by virtue of the said pretended i act of the nine and twentieth day of May in the year of our Lord one thousand six hundred and forty-nine, to bring their respective action or actions of trespass, or trespass and ejectment, in his Majesty's Court of King's Bench, or Court of Common l*leas at Wcst- |f minsler, against any person or persons whatsoever, pos- sciising, withholding, or occupying the same, although Governor, bai- the said governor, bailifi^s and conservators, or so many viUors' or '%^" and such of them as arc thereunto authorized by this "'•"'>''"■ «"<■'' •'of them, as present act, have not or shall not execute estates pur- ^ic tlummio ,, ,, autlioriacd. -!04 AI'1'K\I)(\. Claim uador fourteen paits indenture ; as if tlic fjover- nor, bailiffs and conservators had duly exe- cnted estates. Hold as if llic irnvcrnor, bai- liffs and con- servators had executed es- tates subject to the inden- ture- Taxes arrear iipon lands ia dispute. Commissioners to direct who shall pay taxes- suant to lliis present act. Id sncli peisoii oi- peisoni* liereby enabled to bring such action or actions ; and sucli person or persona shall recover such lands, shares, lots, parts and proportions of the said ninety-five thou- sand acres, as they respectively shall make and derive title and claim unto, as parlicij)ants of the said Francis Env] of Bedford, parties to the said indenture of four- teen part.^, or as the respective heirs or assigns of the said respective participants, parties to the said inden- ture of fourteen parts, as if the said governor, bailiffs and conservators had duly executed respective estates of such respective lands, shares, lots, parts and propor- tions of the said ninety-five thousand acres, according to the true intent and meaning of this act. And such person or persons, his and their respective heirs and as- signs, shall have and hold the same lands, shares, lots, parts and proportions, as fully and effectually as if the said governor, bailiffs and conservators had executed re- spective estates thereof, subject nevertheless to such decree as the said judicature or commissioners before no- minated and appointed shall make touching or concern- ing the premisses, and also subjtcl to the payment of all taxes to be laitl and imposed by virtue of this Act, and no other. And whereas there arc several sums of money amounting to four thousand pounds or thereabouts, in arrear for taxes laid and imposed since the nine and twen- tieth day of Septeml)cr in the ycjirof our Lord one llion- sand six hundred fifty nrul eight, upon sever;ii parts of the said ninetv-fivc thousand acres, subjected by this Act to the judicature aforesaid, and for penalties incurred for non-payment of the same, by viilue or colour of some act or authority, or pretended act or authority ; XXII. l)e it therefore enacted by the authority afore- said, That the said Commissioners or judicatory, or any two of thcui aforesaid, shall Inve power and authority, and are hereby nquiitd, in such adjiulic;;tion as they APPKXDIX. 405 shall make torching the lands subjected to their judica- ture as aforesaid, to direct, order and decree, upon what persons or lands the said sums of money so in arrear for taxes and penalties as aforesaid, shall be charged, and ihe said taxes and penalties shall be accordingly levied upon such person or lands, and in such manner, and by such ways and means as shall be directed, ordered and decreed by the judicature aforesaid, or any two of ihem ; and as if such direction, order and decree had been i)ar- licularly hereby enacted ; XXIII. And whereas particular persons and parishes Complaiiits re- do conceive and alledge, That the draining of one place hath drowned and made worse the lands in other places : and whereas divers persons likcvvise do alledge and com- plain. That the said ninety-five thousand acres in many places are not indifferently set oat or allotted according to the law made at Lynn in the sixlh year of the late King Charles, nor according to agreement made with the country ; but in many places greater quantities have been taken from the owners, commoners and townships than ought to have been ; and that some lands have been taken as belonging to one parish and county, which in truth did belong to another; and in many places the al- lotments have been taken very inconvenient for the town- ships, which ought not to have been by the said agree- ment: and whereas ihe draining aforesaid, and future without prcju- ,. , • 1 /-> .1 I 1^.1 ii . tl'cc tu iiiivign- maintenance ot the said Great Level ought to be without [jy.,, prejudice to navigation : and because all complaints which have been made, and all prejudices which have been or shall be done to particular persons, parishes and places, cannot by this Act be sufhcienlly provided for and remedied ; XXIV. Be it further enacted by the authority afore- Cmimission. -jid. That Sir .John Tracy, Knight, Sir Charles Mor- dant, Sir Nicholas L'Strange, Baronets, Sir William Move!, Kuighl, l-dward Peppis, Mum|)hrey Bedding- 4(Mj APPENDIX. field, ISicholas Stilenian, Esquires, for the county of JNorfolk; Sir Nicholas Bacon, Knight of the Ealh, Sir Lyonel Tolimach, Baronet, Sir John Duncombe, Kniglit, Sir Ktlmnnd Pooley, Knight, Sir George Reve, Knight and Baronet, Sir George Weneve, Knight, Thomas Wald- grave, Esq. for the county of Suffolk j Sir Dudley North, Sir Thomas Wendy, Knights of the Bath, Levinus Bennet, Esq. Robert King, John Pe- pis. Doctors of the Law, Thomas Crouch, Francis North* Esquires, for the county of Cambridge; Sir Thomas Sclater, Baronet, L'Strange Colthrop, John Millicent, Thomas Hall^ John Sotheby, Esquires, John Bing, Esq. and William Wren, Esq. for the Isle of Ely ; Sir Francis Compton, Knight, Robert Appreece, Sutton Ashfield, Esquires, Anthony Soutli, Doctor of the Law, Robert Payne, Richard Nayler, Ferrers, of Gedding, Esquires, for the county of Huntingdon ; Sir William Dudley, Knight and Baronet, Maurice Tresham, Francis Kirkham, Lewis Palmer, Christopher Thursby, Francis Lane, George Tresham, Esquires, for the county of Northampton ; Sir diaries Hussey, Sir John Newton, Baronet, Sir Thomas Meeres, Sir Anthony Irby, Knight?, Sir An- thony Oldfied, Baronet, Richard Brownlow, Daniel Rhodes, Esquires, for the county of Lincoln, shall be and are hereby made and constituted the present Com- missioners lor the purposes herein mentioned. To supply de- XXV. And for the supplying the number of the Com- fects of com- missioners of the said respective counties, in case of death or other avoidance, or incapacity ; be it also en- acted, that within three months after such death or notice of such avoidance or incapacity of the remaining Com- missioners of each respective county, of which such Commissioners who died or became incapable were or missioners. APPENDIX.. 407 tbe major part of them, shall from time to time nomi- nate and appoint by deed under their hands and seals, to be enrolled in Chancery, some other person or persons residing within the said county of which the said Com- missioners who died or became incapable were to be the Commissioners in the place and stead of him or them so dying or becoming incapable, which said Commissioners hereby constituted, or hereafter to be constituted in man- ner aforesaid, or any seven or more of them be, are and Stiven or more shall be hereby authorized and im powered from time to plaints, time to hear and determine such complaints, controver- sies, differences and grievances as are in this Act ex- ])ressed (relating to, or concerning, or occasioned by the draining and maintaining the said Great Level) of any parish or township, or of any person or persons as well within or without the said Level, in such manner as is as is herein ex - hereinafter expressed; and that the said Commissioners P'*''^^'^'* hereby constituted, or hereafter to be constituted in man- ner aforesaid, or any seven or more of them, shall from tin)e to time have j)ower and authority, and are hereby reciuired, at or before the eight and twentieth day of Before Scp- September which shall be in the year of our Lord one to give satis-' thousand six hundred and sixty-six, to cive or make sa- [-action tor J ' ^ lands or mte- tisfaction out of the said ninety-five thousand acres to rest, made 1,1 worse since such parish or township, person or persons, wliose lands May 16(J3, or interest therein, either within or without the said i'''^" »" ^ ^*"- Level, shall, after the first day of May one thousand six hundred sixty and three, be made worse in quality or Onality or condition by the aforesaid draining or works, than they ^°'""^'""' were before the undertaking the draining of the said Level, in the sixth year of the reign of our late King Charles of blessed memory, and proportionable to the losses the owners of or persons interested in such lands shall hereafter receive, by reason of their lands being made worse in quality or condition by any such works and draining a's aforesaid, and shall also have power, at 408 APPENDIX. Restore pro- portions set out contrary IQ St. IVfS law. St. Ive3. Alterations by commissioners excepted. To set out other propor- tions where any alterations. any time widiio four years from the four and tvvciiLielli day of June in ihc year of our Lord one thousand six hundred sixty and three, to alter, ehange and restore such parts and pareels of the said ninety-five thousand acres, as shall upon complaint be found and adjudged by the said Commissioners, or any seven or more of them, to be unequally, unduly, or inconveniently set forth, by reason of any allotting either of greater (juantities, or as belonging to other counties, parishes or manors, or in more inconvenient places than they were formerly al- lotted and set out by a Law of Sewers made at St. Ives the twelfth day of October in the thirteenth year of the reign of King Charles the First, notwithstanding any vesting of the said ninety-five thousand acres, or any part thereof in the King's Majesty, or in the said Go- vernor, Bailiffs and Commonalty, or in any other per- sons before mentioned, or any estates executed by them or any of them. Provided, and be it enacted. That ninety-three acres in Ravely and Upwood, seventy-six acres in Sothery, forty-four acres and one rood in Wicken, eighty-eight acres in Cow-fenn, two hundred eighty-two acres in Beezling, and thirty-seven acres in Upwcll, set out to be enjoyed as part of the said ninety-five thousand acres since the making of the said law of St. Ives, in lieu of like proportions altered and restored to the country, shall be held and enjoyed by the said Corporation ; subject nevertheless to the trust in and by this Act declared, as to the said eighty-three thousand acres, residue of the said ninety-five thousand acres ; and shall set forth to the said Corporation, in trust for the participants or ad- venturers, whose proportion shall be so altered or ex- changed in lieu of such part as shall be also altered, ex- changed or restored, such other proportions in such other places within the said Level, as to the said Commission- ers, or any seven or more of them, shall seem just and APPKNDIX. 401) reasonable, according to the proportions and places which ought and might have been by L\'nn and St. Ives Law aforesaid to be held and enjoyed of the manor of East Greenwich, to the end there may be no diminution of the said ninety-five thousand aci*es ; and where it shall appear, upon complaint of the said Corporation before the said Commissioners, or any seven or n^ore of them, that any of the proportions of ihti said ninety-five thousand acres heretofore set forth to Francis Earl of Bedford, his then participants and assigns, do fall short in the quantity of acres for which the same were set forth and allotted, according to the said Laws of Lynn and St. Ives, the said Commissioners, or any seven or more of them shall, within the said term of four years aforesaid, r.ppoint the same to be supplied and made up "oul of th.e grounds where the same w^s so allotted to be set forth, to make up the said proportion of ninety-five thousand acres. And in case the said Earl of Bedford, and his participants, or the said Corporation, shall through or by reason of their undertaking or draining aloicsaid, in the sixth year of his late Majesty's reign of ever blessed memory, have done or hereafter shall do any act or acts, to the prejudice of navigation, and v, hereby navigation Navigation if in the said rivers of Ouse and Grant, and all other rivers ;5'^«''^°^°««> ^ now navigable, passing through the said Level, and the Uiver of West-water, being a branch of the River of i Ouse, if it be consistent with the draining, or in anv of I them, or such drove-ways or bridges within and without l3rove-\v;iy.s or : the said Level, as have been made or caused to be made strucUHi 'inier- bv the adventurers, and have been bv them maintained, nipted.ormade worse, unless there be some agreement to the contrary, be or hereafter shall be interrupted, obstructed and made worse, that then the said Commissioners, or any seven or more of them, whereof the Vice Chancellor for the University of (,'ambridge, the Mayor of the town of Cambridge, and the Mayor of the town of King's Lynn, for the time 410 APPENDIX,. bcint;-, lo be three, if they upon notice leti at their re- spective habitations shall think fit to be present, from Commissioners time to time, sliall and may decree the same to be made brLiemled at S^o^ '1"^ amended, at the proper costs and charges of the charges of {.jjg gjjjj Corporation, within a convenient time as to tue corpora- ' tion. their judgments shall seem meet : And in case it shall happen and so fall out, that the said Corporation shall neglect or refuse to repair and make good the same, ac- cording to the order and decree of the said Commissioners, and within the time limited by them, that then it shall and may be lawful to and for the said Commissioners, or any seven or more of them, by warrant under their hands Upon refusal and seals attested, to tax the said ninety-five thousand to tax the acres in such sum and sums of money as in their iud";- 95000 acres, / . for preserving ments shall Seem meet, for the making, preserving and of navigation, , . , ... rip -i- as 6 Car. Jiceping the navigation in any or the aforesaid rivers, as the same was in the said sixth year of the said King Charles the First; which said sum or sums of money, so to be assessed or taxed by the Commissioners aforesaid, shall, within twenty days next after notice thereof given lo the Governor or Treasurer of the said Corporation, be paid unto such person or persons as the said Commis- sioners shall nominate and appoint to receive the same. Upon refusal And in case the said Governor or Treasurer of the said dbtnun'upon Corporation, after notice so given as aforesaid, shall re- ^'?>'P''"'°^ ^^^ fuse or necrlect to pay the said sum or sums as aforesaid, 9o000 acres. . . that then the said Commissioners, or any seven or more of them, sliall have full power and authority to impower the said person or j)ersons to levy the said sum or sums of money by distress or distresses to be taken upon the said ninety-five thousand acres, or any part thereof, and to make sale of the said distress or distresses so taken, and sell the same, and render the overplus unto the said Governor or Treasurer, deducting the reasonable charges for their labour and pains therein : All which said sum or sums of money so to be taxed and levied by the autho- APPJvNDIX, 411 rity aforesaid, shall be expended and laid out in prcserv- Money to be ... , . , . . ,. . , , laid out to pre- mg and keeping the said navigation as aforesaid, and serve navig.i- mainlaining the same according to the true intent and "°°' meaning of this statute, and not otherwise. And the said Commissioners, or any seven or more of ihem, are also hereby impowered and authorized, within the space of four years from the four and twentieth day of June in the year of our Lord one thousand six hundred sixty and three, to ascertain and divide the precincts and bounda- To ascertain ,, , r 1 • 1 • -11 bounds of nes or such parts or the said respective counties, lord- counties, &c. ships, manors and parishes within the said Level, as have been by and since the underlaidug defaced and made ob- scure, or bv some other means remain uncertain and hard to be found out, and shall set down such bounds and divisions in writing, by such marks, boundaries and de- scriptions as to them shall seem meet, and shall certify the same under their hands and seals in the High Court Certify into of Chancery, according to which division of the said Commissioners, or any seven or more of them, the extent of the said respective counties, lordships, manors, and parishes in such places so bounded and divided, shall for ever after the said certificate be deemed to be and none other: And in case the quantity of eight thousand acres If 8000 acres ... , . drowned twelve lying together, or near together, or any greater quantity months. of ground lying together, or near together, within the said Level, shall become drowned, and so continue for the space of twelve months together, that then it shall be lawful for the said Commissioners for the time being, Commissioners fii C I.- » I- 1 L may lay taxes or any seven or more or them, rrom time to time and at upon the 95000 all times, to assess taxes or sums of money upon the said '^•^'"'-'S' ninctv-fivc thousand acres, for the raising money for draining the same again, in such proportion as tliey, or any seven or more of them, shall think (it, together with a penalty for not paying the said taxes, the said penalty not exceeding a third part of such tax. XXVIL And for default of payment of the said taxes SniursUr for Mon-payiiifut. 412 APrENDIX. or sums of money ai)d penalties, be it enacted, That the lot and share of siuli participant or adventurer of and within tlie said niii'jtv-five thousand acres, as shall be in arrear for the said lax, sum of money, or pcnall}', and unpaid by space of two months next after the day ap- pointed ibr i^ayment by the said Commissioners, or any seven or more of them, or so much thereof as they shall think (it, shall be serjuestered by the said Commissioners, or any seven or more of them, for or towards the pay- ment of such tax, sum of money, or penalty so in arrear, restoring the overplus of the money, for which such lot or share or any part thereof shall be sequestered, if any be; which sequestration shall be made in writing under the hands and seals of the said Commissioners for the time beiiig, or any seven or more of them. For particular XXVIII. Provided always, and be it enacted by the adventurers ,i •. r -j rpi . • ,i • ] i • dibtrained. authority aforesaid, J hat in case the said governor, bai- liffs and corporation constituted bv tliis Avl, shall ne- glect or refuse to pay such tax or taxes and penalties, sum or sums of money, as shall from time to time here- after be taxed and imposed by the said Commissioners before named or to l)e named by virtue of this Act, or any seven or more of them, pursuant to the powers given them by this Act; whereupon the goods and chattels of an}' person or persons, his or their tenant or tenants, of and in -the said nincty-hve thousand acres, or any part •.hereof, shall be distrained or sold, or his or their Jand> sequestered for the ])avnient the;eof, or that such person or persons, his or their tenant or tenants, shall thereupon pay the said tax or taxes and penalties so assessed and imposed as aforesaid, that then the said governor, bai- liHs and corporation, immediately from and after notice to him or them given thereof, shall assess and tax the whole ninety-five thousand acres, for the satisfaction and payment of the tax, taxes and penalties, sum and sums of money^ and all damages, that such person or persons. APPENDIX. 413 his or iheir tenant or tenants, hath or have paid, borne or sustained as aforesaid. XXIX. x4nd be it further enacted by the authority For default of r •!! -PI •! i-Trv> 1 payment, ac- aroresaid, that it the said governor, bailiris and corpo- tionofdebt ration shall not, within six months next after demand asa»»stthe ' corporation. made by such person or persons, his and their heirs, exe- cutors and administrators, whose own, or tenant or te- nants goods and chattels shall be distrained or sold, or lands sequestered as aforesaid, pay and satisfy unto him or them, such sum and sums of money, and damages, as he or they, or his and their respective tenant or te- nants have respectively paid, borne and sustained, that then and from thenceforth such person and persons, his and their heirs and assigns, shall and may bring his and their action or actions of debt in any of the King's Ma- jesty's Courts at Westminster, against the said governor, bailifl's and corporation, for the recovery thereof, and by virtue of this Act shall recover the same, and be al- lowed costs oFsuit expended therein. XXX. And be it further en.icted by the authority Commissioners aforesaid, That the Commissioners so constituted or to "k^iesseJI' be hereafter constituted as aforesaid, or any seven or ir.ore of thcin, for the belter executioti of the powers hereby given, shall and may inform themselves by ex- amining witnesses uj)on oath, wliieh hereby they, or any seven or more of lliem, shall have power to administer due execution of all, every or any of the powers or au- thorities hereby given them, and for the doing ju!^tice ihereip accordingly. XXXI. Provided always, ihat the said Commis- No couimis- dr , 1 \ c I 1 1 • I sioners to act every or tlu ni, before lie or they take upon till sworn him or them the execution of any of the powers or au- thorities hereby given ihem, other than the administering ihc oath following to one another, which tin. v shall have authority by this present Act to administer to one ano- ther, shall lake ihe oath following {viz.) •414 APPKNDIX. I A. B. shall and will, without favour or affeclion, ha- ired or malice, truly and impartially; according to the best of my skill and knowledge, execute and perform all and every the powers and authorities established b}' this i\ct of Parliament. Which oalli any one of the said Commissioners are hereby authorized to administer. Commissioners XXXI I. And be it further enacted by the authority jlKlCQlCIlt to be „ . , riM 11-1 . IT 1 fiujjl, aforesaid, Ihat all judgments, orders, decrees, determi- nations, alterations, changes, restorations, and other acts done by the said Commissioners hereby constiluled or hereafter to be constituted as aforesaid, or of any seven or more of them respectively, pursuant to the powers and authorities by this Act given, shall be final ; and that the first time and place of their meeting shall be at or before the two and twentieth da}- of September in the year of our Lord one thousand six hundred sixtj' and three, at Ely. Places of com- XXXIII. And that afterwards the usual places where mming. ^^^^ s^^^^ Commissioners shall sit to hear, order and deter- mine the matters to them referred by this Act, shall, from the nine and twentieth day of September to the six , and twentieth day of Murch in every year, be at the town of Huntingdon; and, from the five and twentieth day of March till the thirtieth day of September in every year, be at Ely, unless the said Commissioners hereby constituted, or hereafter to be constituted as aforesaid, or any seven or more of them, shall appoint some oilier place or places, being a market town or tovvns; and the said Commissioners, or any seven or more of them, shall, Publish their by warrant under their hands and seals, declare the places meeting a ^ limes of their after-meeting, which warrant shall be luonth before. ■- published in the open market of such respective places where they last sal, between the hours of twelve and two, upon some market day, one month at the least before the APPENDIX. 415 said time or times of meeting; to the end all persons concerned may have sufficient time and notice to make their appearance before them upon an}' cause of com- plaint, or other occasion ; and shall have power and au- thority, by warrant under the hands and seals of any seven or more of them, to summon parties and witnesses to appear before them. XXXIV. Provided, That none of the said Commis- Commissioners , , -IIP 1 . not to vole in sioners hereb}' constituted, or hereafter to be constituted bounds of their as aforesaid, shall vote or give his judgment or determi- '^°"" *^^* nation in any matter or thing which concerns the divi- sion or bounds of the county, of or for which he is ap- pointed Commissioner. XXXV. Provided also, That no person who hath an}' part, share or interest in possession, or reversion of or in any manors or lands within the said Level, shall be a Commissioner. XXKVI. And in case of descent, gift, devise or pur- chase of any such part, share or interest to or by any of the said Commissioners, it is hereby declared and en- acted. That immediately after such descent, gift, devise or purchase to or by any such Commissioner, the said descent, gift, devise or purchase shall be an avoidance of his being a Commissioner ; and shall make him be in- ^ capable of being again nominated or appointed a Com- missioner, whilst his interest doth remain. XXXN'II. Provided also, and the said Commissioners Make satisfac- c .\ .• \ ■ r.i 111 tion for hinds for tlie lime being, or any seven or more or them, shall pejonitcd by from time to time and at all times have power and au- "tw works, thority to give and make satisfaction, out of the ninety- five thousand acres, to such person or persons whose lands or interest therein (by any new works hereafter to be made by the said Corporation without the said Level, for conveying of the waters of the said Level by convenient outfalls to the sea) shall be made worse in quality, con- dition or value, than they were before the said undcrtak- lltJ AIM'KNIHX. Owners of wastes may improve. View or exa- mination of witnesses, to be certified into the petty bag. ing it) ihe said sixlli year of the said lale King Charles, propoitionable to tlic loss and damage llic [)arlies shall receive thereby. XXXVIll. Ami to the end that the owners of the cominons and wastes in the said Level, and olher towns, parishes and places unto which the works aforesaid or any of tlieiii do extend, may improve the same by mak- ing divisions and inclosures ; be it provided and enacted by the authority aforesaid, That it shall and may be law- ful for any person or persons, body politick or corporate whatsoever, their heirs and successors, that are or shall be lords of manors, or have or shall have right of com- mon in the said wastes, to improve, set out, inclose, divide and sever such proportion or proportions as to them shall or may severally or respectively belong or ap- pertain, or be adjudged and allotted out of the said com- mons and wastes within the said Level, or within any town, parish or place into which the works aforesaid or any of them do extend ; and lo hold such proportion in severalty at all times of the year; and all differences that shall arise concerning the boundaries of the wastes, rights of common, approvements, allotments, divisions and inclosures, shall from time to time and at all times be determined, adjudged and finally ended by the said Commissioners for the time being, or any seven or more of them, upon their view, or examination of witnesses upon oath, which they are hereby authorized to admi- nister, or upon both, and hearing of the parties coa- cerned, by their adjudication under their hands and seals in writings, which determination and judgment being certified into the petty bag, there to be filed and kept on record, shall be final and conclusive unto all parties: and the allotments, divisions and pro[)ortions so adjudged or decreed to be held by the said respective persons to whom they are so set out, shall be held by him or them, and his and their heirs, executors and as'-igns respec- APPENDIX. 417 lively, according to his or their tenure or tenures, estate. Tenures as title or interest they had in the manors, tenements and '""'^''y' lands for which they claimed the said proportions of com- mon as aforesaid ; paj'ing such fines and rents, and doing Pay rents, &c. such services in proportion for the same, as hy custom or otherways they are to pay or do, and do for the ma- nors, tenements and lands for which they claim the same proportion, having such respect to the yearly values of the one and the other, as shall (if need so require) be limited by seven or more of the Commissioners. XXXIX. Provided also, and be it enacted. That it Sutton Mead- shall and may be lawful to and for such person and per- ^^"^^' sons (as were heretofore owners of the one hundred se- venty-five acres in Sutton, North and South Meadland in the said Isle of Ely, set out by the said Law of St. Ives, as a recompence for draining the whole north and south Meadlands, containing about one thousand acres) their heirs or assigns, to sue and implead before the said Commissioners or any seven or more of them, the owners and occupiers of the said north and south Meadlands, or elsewhere within the said Great Level, to draw them into contribution for their several and respective proportions of the said north and south Meadlands towards the said one hundred seventy-five acres : and the said Commis- sioners, or any seven or more of them, shall thereupon adjudge and decree unto the said owners of the said one hundred seventy-five acres, or such of them as they shall think fit, and to their heirs and assigns, such recompence and satisfaction, either in ready money, yearly rent or land, out of the residue of the said north and south Meadlands, as to the said Commissioners, or any seven or more of them shall seem meet, to be held and enjoyed by the said owners of llie said one hundred seventy-five acres, their heirs and assigns. XL. Provided always, and be it enacted, that it shall Londoners and may be lawful to and for Sir John Watts, Knight, <2 K 418 APPENDIX. and others who derive any interest under the drainers of that Fen called Londoners Fen, his and their heirs and assigns, to sue and implead all and every person and per- sons, their executors and administrators, that have taken and received the rents and profits of his or their share and proportion of Londoners Fen, remaining from the share and proportion allotted and set out by the said Law of St. Ives, since the said Level was adjudged drained, and to sue for and recover the same in any of his Majesty's Courts at Westminster; and also that it shall and may be lawful to and for the said Sir John Walts, and the participants aforesaid, his and their heirs and assigns, heretofore owners of the several proportions in Londoners Fen, set out by St. Ives law for the adventurers recom- pence for draining the low grounds in Upwell, Outwell, andWelney, to pursue and prosecute before the said com- missioners, or any seven or more of them, their claim, and sue for relief against the owners or occupiers of the fenny and low surrounded grounds lying in Upwell, Outwell, and Welney aforesaid, whose grounds did not all contri- bute, or not in equal proportion, to the said ninety-five thousand acre*, to draw them into contribution in ease of the said Sir John Watts, and the participants afore- said, and thereupon the said commissioners, or any seven or more of them, are hereby impowered to adjudge and decree unto the said Sir John Watts, and the participants aforesaid, his and their heirs and assigns, such propor- tion out of the said grounds, which have not equally contributed as aforesaid, as to the said commissioners, or any seven or more shall seem meet. Dousedak XLL Provided always, and be it enacted. Thai it shall and may be lawful for the King's Majesty and the Queen's Majesty, their heirs, successors and assigns, to continue in the possession, usage and disposal of the bank called Dousedale Bank, being on the south side of his Majesty's demean lands called Portsand, belonging to their manor of Crowland^ being part thereof, and to have Bank. APPENDIX. 419 such antient passages and currents as of right have been used and accustomed for the avoidance of water through tlie same into the river South-Eae, as if this Act had never been made. XLII. Provided always, and be it enacted by the au- Bodies Poli- thority aforesaid. That it shall and may be lawful to and ^■"'^*" '^^"•^«- for every archbishop, bishop, dean, and chapter, and all colleges and halls in either university, and all bodies po- litick and corporate, who are or shall be lords of manors, or have or shall have right of soil or common in the wastes within this said Level, or within such other towns, parishes and places into which the works of the draining aforesaid do or shall extend, and who are by this Act impowered to improve, set out, inclose, divide and sever such proportion or proportions, as to them shall or may respectively belong or appertain out of the said commons and wastes within the said Level, to de- mise, by indenture, all and every the said such propor- tion or proportions, as to them shall cr may respectively belong or appertain out of the said commons or wastes within the said Level, which have not by express words, and under any particular rent, been at any time formerly demised for any term or number of years not exceeding one and twenty years, so as upon every such demise or lease be reserved the fourth part of the true yearly value, to be ascertained by the commissioners aforesaid, or any seven of them, due and payable yearly during the said term, to him or tiiem, and his and their successors. XLIIL Provided always, and be it declared by and Mr. Chichely. with the consent of all parties concerned, That neither this Act, nor any thing therein contained, shall extend or be construed to extend to alter the possession of Tho- mas Chicheley, Esq. of or from six hundred seventy-one acres, parcel of the lot now claimed to belong to the said truhtec s of Henry late Earl of Arundel and Surry, and two hundred ihirty-one acres, parcel of the lot now claimed to a E 2 420 APPENDIX. belong to the said Sir William Terringham, or from any part thereof, by him the said Thomas Chicheley now en- joyed under purchasers by sales, for non-payment of taxes upon the dispute between the old and new adventurers; but that the said corporation shall execute conveyances of the said respective proportion unto the said Thomas Chi- cheley, his heirs and assigns; anything herein contained contrary thereof in any wise notwithstanding. Riglits of Lords XLIV. Provided always, and be it enacted, That all for\\aifes, &c. g^j^h right or rights, as any lord or lords of any manor or manors, liberties^ hundred or half-hundred, have here- tofore had within their respective manor or manors, li- berties, hundred or half-hundred, within or without the said Level, to waifes, strays, felons goods, privileges of arrests, escheats, and all other royalties, not prejudicial to the draining, be hereby saved to them, their heirs, successors and assigns, severally and respectively ; any thing in this Act to the contrary thereof notwithstand- ing. Wttldprsca. XLV. Provided always, That this Act, or any thing therein contained, shall not be interpreted to infringe or any way to weaken an Act made the fourth year of the reign of King James, intitled. An Act for the Draining of certain Fens and Low Grounds within the Isle of Ely, subject to Hurt b}-^ surrounding, containing about Six Thousand Acres, compassed about with certain Banks commonly called and named the Ring of Waldcrsea and Coldham ; but the said Act shall stand in full force and virtue; any thing in this present Act to the contrary notwithstanding. XLVL Provided also, That whereas divers lands, in and near adjoining unto the said Great Level, have been cut through for the better conveying of the waters from the same and for upholding or repairing the banks and works there, without making satisfaction to the respec- tive owners of the said lands, for the damage they have sustained by such cutting, be it further enacted, That Lands cnt. APPENDIX. "^21 the said croimuissioncrs for llie time beinq, or any seven or more of ihein, upon complaint to ihem made of suck damage sustained as aforesaid, without recom pence for the same, shall be and are hereby im powered to award and decree such recompence and satisfaction to the party and parties grieved, according to their respective da- mages sustained by such cutting, as to the said commis- sioners for the time being, or any seven or more of them, shall be adjudged reasonable, the said recompence and satisfaction to be made and given b}' the said corporation within six months next after such award or decree made ; and in default thereof the said commissioners, or any seven or more of them, shall and may and are hereby im powered to rate and tax the said ninety and five thou- sand acres, and to distrain thereupon for the payment of To distrain, such rate or tax, and the distress taken thereupon to sell or dispose as they shall think fit, (rendering the overplus, if any be, to the owner) for the payment and satisfaction of such monies and damages as shall be so awarded ; any tiling in this Act to the contrary thereof notwithstand- ing. XLVII. Provided nevertheless, That in case the judi- Barons of the cature hereby established shall not, within twelve months E^*^''*^*!"'-'''- from the first day of August next, hear and determine all the matters by this Act to them referred concerning the said ninety-five thousand acres, all and every such per- son and persons whose complaints shall be then undeter- mined, may make their applications to the liarons of his Majesty's Court of Exchequer, who are hereby esta- blished a court of judicature, and sufliciently authorized to hear and determine all such controversies and difl'er- cnces between the said parlies in as large and ample man- ner, t(j all intents and purposes, as the judicature hereby established might have done, and such judgment, order or decree of liie said Court of Exchecpjer shall be in all things observed, and be cflTectual as if the said barons hud been made the only judicature by this Act. 422 APPENDIX. Lessees of the 10000 acres, capable of elec- tions. Mr. Ofifley may sue. Corporatioa not to be charged for breaches. XLVIII. Provided always, and be it enacted by the authority aforesaid, That the lessees of the King's Majes- t}^, his heirs and successors of the said ten thousand acres, or of any part thereof, and the assigns of such lessees, and every or any of them, shall be capable to be elected and chosen into the office or place, offices or places of go- vernor, bailiffs and conservators aforesaid, and to vote in such elections and choice, and in all other matters, as fully to all intents and purposes as any other members of the corporation, owners of any part of the said ninety- five thousand acres, may be elected and chosen, vote in such election and choice, or in any other matter, so as such lessees and their assignees respectively have and be lessees or owners of double the quantity or number of acres, parcel of the said ten thousand acres, as by virtue of this Act is required to qualify any person to be elected and chosen into the office or place of governor, bailiff or conservator respectively, and to vote in such elections and choice, or in any other matter touching the said Level, and so as such leases or assignments they claim by be entered with the register ; any thing before in this Act to the contrary notwithstanding. XLIX: Provided always, and be it enacted by the authority aforesaid. That this Act shall not extend to impeach or make void any obligation given to David Offley, gentleman, conditioned for his quiet enjoyment of a certain parcel of land purchased by him in the said Level, but that the said David Offley may sue and [)ro- secute his several action or actions upon the said obliga- tion, as if he had been evicted or removed from his estate therein by due course of law. L. And be it further enacted by the authority afore- said, that if any breaches happen in any of the banks, sasses, sluces, tunnels or other works within the said Great Level, or in any ihe works made without the said Great Level, for carrying the waters of the said Great Level to their outfall at sea, by reason of some inevitable Al'VENDIX. 423 accidents, ihe same shall be repaired and,made good in con- venient time, by and at the charges of the said corporation and tbeir successors; but no other charge shall be laid upon the said corporation or their successors, for or in respect of such breaches, nor for or in respect of any breaches that have happened heretofore in any of the said banks, sasses, sluces, or other works ; nor shall the said corpo- ration be in forced to give to any other person any recom- pence for any loss or damage which hath or shall happen, by reason of their making necessary and sufficient banks nor for making for the defending of the said Level from being overflown, and for the leading of the waters of the said Level in their channels as now they run unto their outfall at sea. LI. Provided nevertheless, and be it enacted. That Exchanges, where any participant under Francis Earl of Bedford, or the heirs or assigns of any such participant, hath ex- changed his or their share or lot of the said ninety-five thousand acres, or any part thereof, for any other lands, parcel of the said ninety-five thousand acres, which were claimed and held under such pretended sales for non-pay- ment of taxes since one thousand six hundred forty and nine, it shall and may be lawful to and for such partici- pant and participants, and his and their heirs and as- signs, to enter again upon the same lands so given in exchange, and to have and retain the same in his and their possession; any thing in this Act to the contrary notwithstanding : subject nevertheless in all things to such judgment and determination as the judicature hereby constituted shall make concerning the same. LII. Provided always, That no ascertaining or divid- Diraionsoniy ing of the said drained or new improved lands by the said bounds to cc- commissioners as aforesaid, shall conclude the Kiner's '^I'^'tl^f'"'*^ ^"" Majesty, his heirs, successors or assigns, or any other per- son or [)ersons, as to the bounds of parishes, to any other intent or purpose than snlijocting the same to taxes and contributions, and episcopal jurisdictions, and not as to 424 APPKNDfX. Disturbers of inclosiires for- feit 20/. &c. the right of tilhcs or any other purpose whatsoever, nor shall be, or be used in evidence concerning the same. LIU. Provided also, and be it further enacted by the authority aforesaid, That if any person or persons having right of common in any of the manors, wastes, commons or lands within the said Great Level of the Fens called Bedford Level, or any other person or persons whatso- ever, at any time after such division or inclosure made or set out as aforesaid, shall break, throw down, disturb, obstruct, or by any means hinder or lay open the said improvements and inclosures, at, in or after the making thereof, or the hedges, ditches or fences of the same, or any part thereof shall destroy, and shall be thereof con- victed by two credible witnesses upon oath before two justices of the peace of the county where such disturb- ance or destruction shall be made, every such person or persons so convicted as aforesaid, shall forfeit for every such offence the sum of twenty pounds, to be levied by distress upon the goods and chattels of every such of- fender or offenders, by warrant under the hands and seals of the said justices of the peace before whom such con- viction shall be made, the one moiety to the informer, and the other moiety to such person or persons against whom the said offence is or shall be committed ; or for want of such sufficient distress, the offender shall be committed to the House of Correction, or common gaol, for three months, without bail or mainprize, at the said justices discretion. LIV. Provided always, and it is hereby enacted and b^uxeTlbove declared by the authority aforesaid. That from and after 25. per acre for tjjg first day of Auffust, which shall be in the year of our one year. •' ^ i i i • i • » Lord one thousand six hundred sixty and eight, no tax or taxes exceeding two shillings the acre in any one year shall be assessed, laid or levied upon the said ten thou- sand acres by this Act vested in the King's Majesty, his heirs, successors and assigns, or upon any part thereof. After August APPHNDIX. 425 or upon the two thousand acres hereby vested in the as- signs of the said Earl of Portland ; but in case the taxes Earl of Port- to be assessed upon the said eighty-three thousand acres acres, hereby vested in the said corporation, shall not amount unlo so much in proportion as two shillings an acre, ac- cording to the proportion for each acre ; then a propor- tionable abatement shall be made out of the said two shillings yer acre, which shall be charged yearly by an Rated per acre, equal rate upon every acre of the said ten thousand acres, and the said two thousand acres according to the rate imposed upon every acre of the said eighty-three thou- sand acres, whether the same shall be assessed by an acre- tax or a pound-rate, or by any other way ; any thing herein contained to the contrary notwithstanding. LV. And it is further declared, that the assessing, Not to con- laying, and levying of taxes upon the said ten thou- elude on the sand acres, or upon the said two thousand acres, or any part thereof, after the said first day of Au- gust which shall be in the said year of our Lord one thousand six hundred sixty and eight, by the way of an acre-tax, shall not extend nor be interpreted or construed to extend to compel or conclude the said corporation to assess, lay or levy any tax or taxes upon the said eighty- three thousand acres hereby vested in the said corpora- tion, or upon any part thereof, by the way of an acre- tax. 4'2{y APPENDIX. 1665. No. XX. mk. dodson's design, WITH ANSWERS TO OBJECTIONS. The Design, for the perfect draining of the Great Level of the Fens, called Bedford Level. — Dedicated to Wil- liam Earl of Bedford. Delivered to the Corporation of Bedford I evel by Collotiel William Dodson, A. D. 1664. It is not to be expected this whole following discourse to be all new, since the necessity of making it to appear rational, compells me to a recital of many things as well known unto others as my self; and so to usher your judgements to approve of it as reasonable, (wliich the whole Level as an intire argument doth perswade) I shall extract no other cure for her present distemper, then what nature her self hath appointed for a remedy. And, in the first place to acquaint you with the cir- cumference and quantity of ground I am to treat of; and likewise to acquaint you with the soyl, or earth we are to work upon, and then the several rivers and rivilcts which fall into, and run through this great Level, and how the unruly tides do beat back our freshes into our bosoms, when they are poasting to the embraces of their mother the Sea. I shall notdivide this great Level into piece-meals, but as my industry, and thirty years experience and more hath APPENDIX. 427 laughlme, I shallgiveyouthedescent of each partof it,as it is naturally inclining to the sea, as also those rivers which nature hath appointed to conduct the supernumerary wa- ters to it ; and then I shall lay down the rules, and way for for the perfect draining of this great liCvel, and at a small charge, and to take off all hazzards of being drowned for the future, and also the vaste expences of yearly repairs, whereby will easily appear the great advantage which will accrew to his sacred Majesty, the honourable corporation, and to the whole countrey, resolving as much brevity as the weightiness of so important an affair may permit. The circumference beginnine; at Saltors Load in Nor- The circumfe- *^ " rence of the folk, and so by the hard lands of Norfolk, Suffolk, Cam- Level. bridgeshire, Huntingtonshire, Northamptonshire, and Lincolnshire to Croyland, and so to South Ea Bank, to their drain to Tidgoat, from thence to Wisbidge, so to Well, and to Sailors Load again ; which circumference contains at the least 120 miles, within which lieth at the least 400000 acres of good land, if once perfectly drained. The soyl or earth is generally a black or red Moor, The nature of the black Moor is naturally a rich soyle, the red is not gajth?^ so strong ; but both the red and black being laid dry, becomes a perfect black mould, and good soyle: witness Thorney Fenns, and all others which have lien dry for some years [)ast. The soyl is good and profitable, and lyes in most part of the fens a foot deep, and in some places more, though nature and art have taken their way through the worst of our fens, I mean the two rivers of Morion's Leame, and Bedford River, (the last made by Morton'sLenm the Plight Honourable Francis Earle of Bedford, and the j;|Jerr''^°''* first by that reverend and learned Prelate Bishop Morton, were the two most famous works as ever were made in lliis great Level, as useful to ihe draining of it; but the banks being madcof this light Mgor,(which could not pos- Tlic light Moor bibly be avoided) which now being rotten with long lying bankirK. ""^ 428 APPENDIX. The River Wel- land cxci'ptnd in tliis design. Bedford River. Old Owse. South Ea, Whittles)' Dike March River, Bevils leani, &c. useful in draiuing. Tlic descent of Burrough and Thorncy Fen, &c. Tlie descent of Stanground, Whittlesey dry, hath lost its tufncss, and is become a light black mould, and yields to those waters lying on the banks, and makes the banks meer water, by which means they have lost their former strength to withstand a reasonable floods To and through this great Level runneth certain rivers and rivilets, I exclude the River Welland, as not to meddle with it in this design ; and those which I call rivers, (which we have todeahvithall) are New Nean, alias, Morton's Leame, Bedford River, and great Owse : the River Nean is very considerable, it runs out of North- amptonshire, and brings many rivers and rivilets which fall into it; and with reason we may believe Northamp- tonshire to be the highest county in all England, there being no river which runs into it, but many which run out of it east, west, north, and south. Bedford River is equal with Nean, and brings with it all those rivers and brooks out of Bedfordshire and Buck- inghamshire. Old Owse I call it a considerable river for those of Grant, Milnail, Brandon, and Stoke makes Owse (before it meet with Bedford River) at Saltors Load, a great, and considerable river. As for South Ea, Peakirk Drain, Bevils Leam, Whit- tlesey Dike, Swards Delft, Elm Leam, March River, Ox-willow Load, Sandy Dike, Downham Load, Dr. Wil- liam's Load, Reach Load, Fordhorm Load, and Samms Cut, with many other small Creeks, which are nc way prejudicial to our work, but much to our benefit, and ease, and will be much for our use. As for the several descents in this Level, you shall finde them thus, from the height of Burrough Fens, and Thorney Fens, and from Bull Dike, and Catt water; the descent lies to the lowest part of Thorney Fens by Clows Cross, and Murrow Plash. All those fens and grounds from Stanground, Whit- tlesey Mare, Ug Mare, and Ramsey Mare, Kings Dclfl, APPENDIX. 429 West Fen, all those grounds or fens of Ramse}', Pedley, Marc.UgMare, Doddington, Cliatris, and March; all those grounds lye ^ ^^^' descending to the River of March, and the West Water. All those a;rounds and fens which lye East of the West '^''c descent of *" *^ ^ the grounds on Water to the North Bank of Bedford River, have their the east of the descent inclining to Well River, and Welney to the Po the North Bank "Qjj-g of Bedford river. All those fens and grounds lying south-east of Bedford The descent of River, have still their descent eastward to Littleport, and south'-east of to Priest-houses, and so into ereat Owse. Bedford ^ nver. Yet though it be true (as it is) that all those lands and fens from Morton's Learn to the River Owse, have their descent still eastward, yet is as true, it is not above half a foot in a mile, and that is no considerable draught to convey our downfall to our two rivers of Great Owse and Morton's Leam, which upon necessity must drain the countrey ; but if Morion's Learn and Great Owse cannot be brought to run so low as to gain a draught into them, we cannot be perfectly drained : but this without all doubt may be effected. Those fens and grounds which lye on the east side of The descent of ^ . r\ • XT f II 1 o n- II • 1 r. 1 T-i the fens on the Great Owse in JNortolk and bufiolk, with Sohame Fens, eastsideof SwaffamFens, Ditton, Burwell Fens, Iselam, Milnall, Great Owse. Whelps Moor, and the Fens of Feltwell, have their descent west to the river Owse, but is little or nothing. Yet there is no doubt but to gain these rivers two foot fall into the river Owse, and that Sohame Meer shall never come within four foot of its former height in ordi- nary floods. For besides the Sock, and down-fall into this Level, Three consider- we have three considerable rivers which runs through it thro,,'^h u,V"" into the sea. Morton's Leame, whose way is through Level. Wisbidge, and so into the washes, and Bedford Uiver, and Great Owse, which joyn together at Saltors Load, aud run intire to Lynne, and fall into the sea below the washes. There halh been great industry, and much 130 APPENDIX. The design of former under- takers. The tydc a great enemy. Want of freshes a great enemy. The ligl't fuzzy uioor to make banks withal, another enemy. Reasons why the tyde is an enemy to draining. money expended in making ot" great and vaste banks to keep those rivers within tlieir hounds, and to carry our freshes to run at that height as to ride the lydes ; and this hath been the design of all the undertakers since Lyn Law was first made : but if ever they had found the descent (which they hoped for) the tyde (their greatest enemy) could not then have possibly prevailed to How into the very center of this great Level every twelve hours, though the late made new rivers do run high by reason of the im banking and the flux of the tyde. One other enemy (though not so dangerous) to this great Level, is, the want of freshes in the summer to water the grounds and cattle, and to scour the out-falls. And the other enemy is the fuzzy light moor to make banks withal, which moorish earth hath deceived all the worthy undertakers from the beginning, and therefore is not to be trusted any more. Neither is it without reason, that those three I last named are sucli obstacles to the perfecting of this great work of draining this Level. For if we consider the floods which fall down into this great Level, intending for the sea, which for want of descent cannot run quick, and the tyde every twelve hours meets our freshes, and beats them back ; the tyde by reason of his great ascent at sea, flowes quick into the very bowels of our fens, so far as above Welney upon Bedford River, which is no less then eight and twenty miles from the sea : and likewise it flowes above Guy-heirne in Morton's Leame into the midst of our fens ; and it must be confessed the tyde flowes into us three hours and an half, and we allow four hours for the same quantity of water to ebb back again, so that at the most we have but four hours and an half in twelve hours, to run out our freshes which drown us. Thus the floods increase in our rivers between the banks, and riseth, and lieth on them at a great height, and as I have said, these moory banks will deceive all APPENDIX. 431 that trust in them : it is confessed that the moor earth is tuff so long as it lies wet, but is good no longer then till it is rotten, and that it will be if it lie dry four or five summers, and then it sinks, and becomes a light black Reasons , T./..1 1 nil- -1 1 against the mould ; and if it chance that a flood lie upon it but three bunking with or four days, it soaks in the water and becomes sobbed, I'sl^' n^oo*"- and is neither earth nor water, and then it leaves you when 3-0U have most need of it, and drowns the fens more, then if there were no banks at all. The third enemy is the want of freshes in the summer, which doth not onelj^ make the countrey, and the cattle miserable, but the out-falls will be destroyed for want of water to scour them in dry summers : nor would I have Reasons why the late dripping summers be an encouragement, that freshes is a the out-falJs are so jrood that there is no cause to fear great enemy to ^- _ draining. them, (may they alwayes continue good I wish) but if the out-falls once fail, it will be a greater inconvenience then the breaking of a bank onely, my fear hereof is just enough ; in a dry summer you have none, or very few freshes, either by the river Morton's Leame, or Great Owse, and ye are sure to be visited with the tyde every twelve hours; and then I may tell you, if you have northernly windes, you will have such foul waters from the sea, that quickly will lodge up your out-fall at Wis- bidge, and Lyn, by reason your rivers in those places are wider then they ought to be, (which may be helped by this my Design) so that the flux and re-flux of the sea, doth not grinde but feed. The river Owse, which hath its out-fall at Lynne, is for The river Owse some miles at sea below that town much obstructed by '!j"witii slielves several shelves of sands, which are moveable as the winde of sand below Lyn. and sea forces them ; and yet the winter chennels are kt pt by the winter floods; but in summer our want of freshes or floods make us not able to maintain our win- ter chennel, and so we lose it till our first floods in November (or thereabouts) can gain their own chennel 432 APPENDIX. Miirrow-gate cut to the Horseshoe at Wisbidge. The River Owse and Morton's Leam made to run quick below Downham and "Wisbidge. again; in the mean time all our banks and works are in great clanger, and the poor countrcy-uian in hazzard of utter ruinc, and the navigation of Lynne very uncertain and dangerous ; the same hazzards in all respects are in the river of Wisbidge through the washes to the sea. And now to prevent these dangers, and to make our Fens and Level secure, without trusting to the hazzard of our out-falls without us, or the breaking, or the sinking of the banks within us ; the taking away all those great charges of maintaining and repairing all those banks made to hold up our inland floods, at such a vast height as to rid the spring tides (as I have said before) I dare be bold to say, that twenty years hence for want of earth at a reasonable distance, the banks will cost more in one year than now they do in four ; 1 wish the charge of those fen lands may not exceed the profit, as some of them have already done, and much good land without the level in likelihood to come into the same condition if not prevented. When I was Director, T would have cut through Mur- row-gate to the Horseshooe at Wisbidge, which would have cost less then the widening of that river, and there to have fallen into Wisbidge river close to the apron of that gallant sleuce then standing ; and so far I had (as I did then believe) obtained the adventurers to consent unto, and they at a general meeting at Wisbidge, 1G49, did make a personal view of the place, and found what I affirmed to be truth ; and this river I would have com- pleated by reason of the great benefit it would have been to all the north-side of Wisbidge, and other parts adja- cent, to drain them, and a certain slaker in all floods to ease Morton's Leam and all the banks upon it upon all occasions. Then take the river Owse, and all the branches which fall into it before it come to Downham-bridge, and like- wise cast your eye upon the river called Morton's Leam APPENDtX. 433 as it runs at the Horseshooe below Wisbidge, to meet there with ray new ri'er that is to be made through Murrow-gate ; and this is the first part of my design, to bring all our floods and freshes to run quick below Down- ham and Wisbidge. In the next place, to give more particular satisfaction, I question not but all rational men will grnnt, and allow, ihat if by this design, those two considerable rivers of Great Owse, and Morton's Leam, can be brought to rua all the year, and every hour of the year, in two great rivers at Downham-bridge, and Wisbidge-bridge, not- withstanding the spring tides or the ebb tides ; they must needs confess that they then believe they shall be perfectly drained, yet they cannot believe this can be done, but that the tide must be stopped; and it is true, The tide stopp- and good reason for it ; which as I said before, flowes into us every twelve hours into the midst of our fens, and flowes no less then three hours and an half, or four, and then four hours to ebb back again, so shall wc have not •above four hours in twelve for our freshes to run out of the Level. But it is intended, and will be made good by this my design, the freshes shall run quick all the year, and every hour of the year, at Downham-bridge, and Wisbidge, if lliey may have leave by a sleuce below them some miles distant; and though I name this last, yet it is the first thing to be perfected, that is by a substantial large sleuce made at German-bridge, or Magdelen in Norfolk ; and The great since near unto it one soss to maintain navigation, from Lvnne *° bo at Ger- " ' -^ inan-bndgc, or to Cambridge, Wisbidge, and to all other places formerly near Magdelen 1 • . ii T . . 1 1 • 1 • in Norfolk.* used into the adjacent countreys : and this being once • See Londou Order Book, B. fo. M — 1C()4.— When from high water mark the river was 3fi feet deep, and 175 broad, cxcluwive of the slope of the bank, ride the Report of a Committee of the Board against tlie execu- tion of Colonel Dodson's design. — Ifiid. '2 I' 434 APPENDIX. A new river to bi; cut through Marsland. No banks to be sleighted. A small new bank at Guy- lieirne. The sosses at Stantrround, Erith, Well, &c. are useful. A soss and sluce at Ditton. A soss and sleuce to be made at Guy- Lcirne. The use of that sluce, and of that at Murrow Plash. North-side of substantially performed, the whole work of draining is in a manner perfected. And as for the River of Wisbidgc, and the slaker through Murrow-gate, 1 carry them joyntly in a river through Marsland, from the Horseshooe to the great sleuce at German-bridge, or near Magdelen, by suflicient banks of good sollid earth; then have I sufficient water way for all those freshes to the sea, which will force good navigation, and maintain the chennel winter, and sum- mer, to the great benefit of all those seamen which use that port of Lynne; and all the rivers in and out of the Level will be much bettered, and improved. As for the sleighting any banks upon Bedford River, or Morton's Leam, or to make new ones, (except a small one at Guy-heirne) it is no part of my design, but I do wish those banks which are upon Bedford River and ^Morton's Leam, had not been placed at so great a dis- tance one from another. And as for the sosses at Stanground, Erith, Well, and others, they are of singular good use, yet I do affirm; there will be a necessity of having a soss, and sleuce near Ditton, otherwise the navigation to Cambridge is lost, by reason the waters will be so low both winter and summer in the river Owse, that the rivelets of Millnall, Brand, and Stoke, must be either held up or bottomed. The like it will be with Morton's Leam from Guy- heirne to Peterborough, otherwise it will not be alwayes navigable either winter or summer, unless we keep the waters in the New River through Marsland and in Wis- bidgc town at a great height alwayes. This sluce, and that of Murrow Plash, commands the river through Wisbidge, and that through Murrow-gate with your New River through Marsland, by the help of the great sluce and soss at German, that if need should require, would lay the very soles dry, insomuch that at all times you drain the north-side of Wisbidge, and parts ad- APPENDIX. 435 i jacent, the Sinee, and the great common in Marsland: Wisbidge neither will there be any need of raising the bank from the Smee, and Guy-heirne to Bevis-hall, for the security of the north- the grcatcom- side of Wisbidge, whereof many complaints have been land, made ; for here that great river will run low in a great flood with great swiftness. One other small work I would do, which is a cut from A small cut the river Owse near Ely, to the chair at Little-port, which Liuie-port will be about three mil6s, and this I would make fifty Chair, foot wide without banks ; this is to help old Owse to take off a sudden flood, which otherwise will hang long upon Water-beach, Swaffam Fens, the Phillips, Stret- ham, and other grounds adjacent, being the shelves, and stops in the river Owse are taken away. Croyland had alwayes navigation into Norfolk, Suf- folk, and Cambridgeshire, and all other parts of this Great Level, and from thence to Boston, Lynne, and unto the city of York, which is now obstructed. I men- tion this place, by reason I know it is very easie to make from this town good navigation to Stampford, to the great benefit of that town, and countrey, likewise to Boston, Lynne, and other parts; the Honourable Earle The benefit of of Bedford is no small loser for want of this navigation through Croy- through this town of Croyland into the river Welland, ^'*"'^" and his tenants at great charges to cart their corn and other commodities to the river Welland, and elsewhere, to the dammage of the Earle, and his tenants, I do verily believe five hundred pounds per annum. But I shall say no more to this, but I know the want of navigation makes many towns poor, and the having of it makes many towns and countreys rich ; and the making of this navigation good is performed at a small and inconsider- al)le charge, and without any danger of drowning of Thorney Grounds (as some have alledgcd) but will prove Great boneiu to beneficial to all that part of the countrey in a dry Sp!""'^ ^''"'' summer. <> \t o ^^ APPENDIX, Shcir-drain not And as for Sheir-Draiti 1 have no intentions of sleie;ht- to be sU'ightcd ° mg it, It IS good to convey fresh waters into the coun- trey, and of great use and benefit unto Holland. It may now be conjectured what my design is for the perfect draining this great Level ; and lest I should be niislaken, I will farther express myself; it is to cause our waters and floods to run low and (juick in our two great rivers of Owse and new Morton's Leam ; for if once these two great rivers be brought to run low, the fens cannot be drowned, nor can any other river or rivelet in our fens run high. Likewise, as for the dimenlions of these new works I have named, and what water way I would make both in the new rivers, and through our new sleuees, I shall give you particularly ; and in the close of this design, I shall give you my reasons, and shew you the benefit, the king, kingdom, undertakers, and the eountrey will receive by this my design, and way of draining. And likewise give you my answers to divers objections that are, or may be made, either out of peevishness or ignorance, self-ends or malice, whereby to obstruct the carrying on so honour- able a work, as the perfect draining this great Level. The (linicntion The rivcr through Marsland from the Horseshooe at of the river „,. -^ i • i ai i i • m through VV isbidge to (jerman-bridge, or near Magdelen in JNor- Marsland. ^-^jj,^ ^^j ^^ -^ length about eight miles ; I make this river six foot deep to a perfect sole quite through : likewise I make it eighty foot wide, yet inclining wider toward the new sleuce, to help the drauglit of liiis river. ■ I leave foreland to this bank to the river-ward twelve foot, the seat of this bearing bank shall be five and forty foot; I leave forelands of this my bearing bank to the land-ward eight foot; the two in-drains I make both of thcin eighteen foot wide, and six foot deep ; by which means I gain good firm earth out of the river, and the two in-drains, to make my bearing bank twelve foot high from the siipcrfices of the soyl, and ten foot broad on the APPENDIX. 437 lop oi the bank, which being flagged lo the river-ward must needs grow well. -As for the slaker through Murrow-gate I held it Thcsiakcr alwaj'cs very necessary, by reason the River of Wisbidge Murrou-gaio. was and is so full of short angles, and every shoulder of those short angles checks our freshes running to the sea, and that small neck of that river at Guyheirne too hard to be found by such a sea of freshes between those banks to Whittlesey, that the waters grope the way to finde that small quill to creep out at ; wherefore I make from Guyheirne to iMurrow-[)lash, which is two miles, one single bank, which is on the south-side of that bank that A sing:le bank '" • T. I 11 1 • 1 • 1 • 1 . 1 from Guyboirn now IS to JMurrow-plasli, to stand with it equal in height, to Munow- and that old river to be bottomed six foot to raise that pl'^^lij 2 miles, bank to the plash, and to have there a convenient sluce with sufficient water-way into our slaker in Murrow- gate ; this river or slaker from Murrow-plash to the The river from Ilorseshooe is about four miles and an half: 1 make this to^thc'Horse- river fifty foot wide and six foot deep to a perfect sole 8''_ooe.four ' _ miles long, six throughout; I leave foreland to each bank to the river- foot deep, fifty ward ten foot, the seals of those banks to be forty foot Thedimentioa each ; the foreland from the seat of the bank to the land- "^ **""^ banks. ward, ten foot each; the two in-drains fifteen foot each, and six foot deep. This is all sollid good earth as Marsland, and will raise the banks to stand at eight foot high from the superfices, and ten foot broad at the top : tliere will be no haste of this work, till the banks above be sunk to about five foot high ; and till then the north- side of Wisbidge hath no good drain. These two rivers lead us to the nevv sluce at German- Tlicnewsluce bridge, or near Magdelen in Norfolk ; and 1 conceive JriJ*""""' most are at a stand in their judgments, as believing this not easily to be performed, yet tacitely do allow, that if this can be elfectcd to be a durable work, the countrey then must needs be drained : yet for better satisfaction of those which doubt, it will ntjt be unnecessary to take the 438 AJ>PKNDIX. Tlic soyl for the new since to stand upon. judgments of able, and honest artists, and good workmen, so to understand their sense of liie feasability of this work, viz : this hirge sluce, and navigable soss, and to give me leave to inform them what I have known, and seen in the like works. The soyl, and foundation whereupon this large sluce, and soss is to be placed, is very good, being a firm and sollid clay, or gait, which is not to be found for that Thematerials purpose elsewhere ; and our materials are most of them lOi* tlic new sluce where to by US, as brick, at Ely and Saltors Load ; at Ely and be had. Reach, lime plenty and cheap enough ; good seasoned oak planks and timber in Norfolk and Suffolk; and good deal timber at Lynne, and iron, as good, and as cheap as elsewhere ; and there is nothing wanting except tarras, of which w'e must use in this work good plenty, and this is to be had at Dort or Roterdam much cheaper then here : at Peterborough and Ely, rough stone for our foundation and fillings. Now I have brought you to the materials, with which you are to make this sluce, and navigable soss, now fol- lows the dimentions of them both. The sluce I divide into four and twenty arches, each arch containing seven foot in wideness for the water-way; the sole of these arches shall lie level with the sole of Great Owse at German- bridge, or near Magdelen j the foundation under the sole of those arches shall be four foot deep; the supporters or peires between each arch, or water-way, shall be six foot thick, made of good brick, and other good stone, for that purpose ; and the out- •wardmost bricks to be laid in tarras and lime ; these arches for the water-way are made ten foot high from the sole, beside the crown of the arch, and so built, and finished above to what height and weight may be thought fitting. The bredth of this sluce composed of four and twenty arches, from their butting upon the river Owse, to the The dimention of the new sluce. APPENDIX. 430 butting upoti the new river which runs to it through Marsland, shall be forty foot, besides the apron to the river Owse, and the apron to the new river of Marsland. To finish this sluce, there must be four and twenty What is re- double gates to sea-ward, to play with the tide when finisbiagthis need shall serve; but these cannot play but with leave S'"'-"'*^ s'"'^'-"- of the fail-gates, which are eight foot broad, and ten foot deep; all those fall-gates, or so many of them as shall be needful, according to the floods which are com- ing down, are drawn up, and then our gates to sea-ward play to run out our floods. In winter, by reason of the great floods, they may all play; and in summer droughts one may be suflicient to do the work, so uncertain are our waters, yet shut tliemselves at the rising of the tide, or back-water, and butt in the bottom against the soles of the several arches, and butt on the top as well as on the sides they hang on ; and these gates are to be ten foot high, yet the spring tides will over- top them five or six foot^ but cannot hurt us, but make us stronger. In this sluce you have water-way an hundred sixty-eight foot in bredth, and ten foot in depth; this sluce will vent more water then will ever come to overcharse-it. Your soss for navigation must be placed twenty poles The placing of below this sluce, for if it stand in it or near it, it cannot be useful at all times, by reason of the great force and stream of water at the sluce in a flood, and the cut which leads from the new river to the soss must be twenty pole before the sluce, lest that coming too near the sluce, the great draught of the river there may force down the vessels to the sluce, and there they must either break or sink. 'I'he soss may be made as large as you please, to hold Tlicpwatusc ten or twelve boats at a. time, and the charge not much "^'^ more then though it were made for two or three boats, seeing we shall not need to fear the loss of waters. I do wish the sosi may be made large, for there is no question 440 APPJBNDIX. The climention of the several rivers. The said rivers to receive more waters then the receptacles now made This was the design Anno 1649. but navigalioii will increase williin us, being it is so feizable to be made to Stanipford in Lineolnsbire, to llockinghani in Rutlandshire, and to Bedford in Bed- fordshire. As for your sluces at Ditton, at Croyiand, at Murrow- plash, at Guyheirne, with that small cut which I desire may be made at Littleport Chair, these are buL small works, and will cost but little money; I have given the reason for them, and the great use of them before. One thing more I shall adde to what I have already said, the slaker through Murrow-gate is four miles and an half long, and it is fifty foot wide; Wisbidge River from Guyheirne, with the new river to German-bridge, or near Magdelen, is twelve miles long, and eighty foot wide ; Great Owse from Saltors Load to the same sluce at Germans is eight miles long, and an hundred and twenty foot wide ; these rivers being joyned all together make a goodly in-draught, as well as rivers, at your very out-fall, all of them bound in with gallant banks of good sollid and durable earth, as can be desired ; which rivers will receive more waters from the flood, then all those receptacles upon Bedford River, and Morton's Learn, which are so farre within land, to the great danger of the countrey, and the vast expeiices of the undertakers ; and in our greatest floods, and most sudden rains, our waters shall never rise so high within us at the great sluce at Germans, as doth the half floods at the ordinary tides without us ; then 1 hope it will be confessed, that our fens, and the whole Level, and all those grounds men- tioned, must be dry as well in winter as in the summer. This was the designe, I would have finished in the year ]649, when 1 was Director. But it will be objected, that the former works 1 men- tion will cost much money; I shall answer to this, and other objections ; but this first, because it concerns the adventurers which lay out the money. APPENDIX. 441 If that the old and new adventurers have laid out in Several objec- the draining of this great Level, these thirty years and more, five or six hundred thousand pounds, and if they believe this design and theso works will perfect the work of draining, surely then they will lay out one whole years rent and an half to make all their moneys good, and free themselves from such vast expences, which will be swallowed up in the yearly repairs of those uncertain banks. If this design, being perfected, doth take away all fears as well as future charges, and bring the Level into repute and credit, it will be worth their expences, and twent}' times more. And when this design is thoroughly understood, and the insufficiency of the uioory banks, this design is to be followed, otherwise this Level must be left in a worse condition then it was found. And lastly, since this objection is of such force that it will cost much money, I then say, if a year and an halfs rent will treble my rent yearly, to what it yields at pre- sent, I must conclude myself none of the best husbands, that will not lay out so much money to such an advan- tage. 1 will now answer some other objections. That there is as much done for the draining of this i. Object, great Level as can be done, and that it is not in the invention of man to do more then v.hatis already done. This is the opinion of those which give credit to our Answer, moory banks, and understand not the descent nor ascent of this Level in general, nor do they know the descent tliat may be gained to the sea, but will say, if banks will not do the work, there is no more to be done ; but do dis- hearten all men from doing or attempting any thing, lest their weakness should appear. Why did you then, when you were director for the 2, Object, work, make such great and high banks upon Mortou's 442 APPENDIX. JiCain, of two and fifly toot iti the seat, twelve fool high, and eiglit loot broad at the to|)? Answer. j^\\ ^\^\^ | jjj j^ j^ ,j.iie, l)ut those banks I did not make for sea banks, or to withstand such a sea or wash as now they have, but laid them near to avoid a winde-catch; and 1 told the adventurers at Wisbidge in 1049, at their meeting there, that those banks made so high by me then, would not stand above four or five foot high twenty years after their making; and I did promise them then, that (my Design being finished) the floods should never charge those banks above two foot : and it must have been so, if this Design of mine had gone on, and been perfected; neither was it passible that this two foot of a flood should have lain out of the river three neaps of a tide, if the sluce at German- Bridge be suffered to run. 3. Object. Many wise men are of opinion, that the banks being repaired every year, the draining may be perfected. Answer. Wise men may think so, and the countrcy men which gel all the money for repairing every year will tell them so, till the charge exceed the profit; but if they look upon Deeping Fen drained with moory banks by Captain Lovel, and continued a small time rich ground, till the raoory banks were rotted to a mould, then the banks failed, though there was no cost spared by the Right Honourable the Earle of Exeter, to repair or maintain them ; yet it is now, and hath been these twenty years under water, and nothing to be had from it but a little fish; yet this fen doth contain thirty thousand acres of good land (if drained). Look upon Bishop Morton's works, the Lord Popham's works, Governour Peyton's works, the Honourable Francis Earle of Bedford's works, all these Honourable persons were wise men, and un- doubtedly did act by a great scale of prudence in their undertakings, yet could not make their moory banks any longer durable, then till the moor became mould ; these APPENDIX. 443 presidents are all within our Level, and in the memory of this our age. But if you run our freshes so low in winter, what shall 4. Object, we do for water for ourselves and cattle in summer? Whilst you have water at Deeping-bridge, at Peter- Answer, borough-bridge. Saint Ives-bridge, Cambridge-bridge, and at the bridges of Milnall, Brandon, and Stoke, un- doubtedly our Level cannot want water; for under these bridges come all those waters which drown us, and under these bridges shall come those waters for us, and our cattle. Yet take notice, that the great sluce at German- bridge, or near Madelen, is able to hold up the waters, with little helps, as high as you please; then it will be confessed to be an absolute draining, when we can drown, and drain at our pleasure. But how shall those fens in Norfolk, Suffolk, and 5. Object. Cambridgeshire, which lie on the east-side of Ovvse, be drained, for they lie the lowest of all the fens in this great Level ? If Great Ovvse run low, then all these fens you name Answer, will lie dry, for still your great sluce drains all your waters out of Owse, and Morton's Leam, if 3'ou please ; but then navigation will be hindered, which is to be helped by bottoming of those rivers where there may be occasion, neither is the bottoming of a river so charge- able as banking, Wisbidge River may run where it dolh, as well as at 6. Object German-bridge; to go through Marsland, the ground will cost dear, and that money may be saved. To answer this I have much to say; first, Wisbidge Answer. ouL-fall lies high upon the washes, and then it is too near our fens to check our freshes; my drift is to keep the sea at a greater distance, that J may have our freshes at all times both night and day, to run quick under the bridges of Wisbidge and Downham, without the least check. Again, the river at German-bridge lies lower 444 APPENDIX. then the river at Wisbidge-bridge, and there fs more fall from Wisbidge-bridge to German-bridge at low water, then at the fall from Pelerboroufrh-bridcce to Wisbldcje ; and our out-fall at Lynne is below the washes, and this river of VVisbidge joyned with the river Owse at the sluce, makes a gallant in-draugbt, and will gain Lynne a com- ]>leat ehannel to sea, to the great benefit of that fine town, and the town of Wisbidge. As for the eharge of the ground through Marsland, I may justly answer, good and great things are not done without cost; but the cost of this will not be much, by reason we may carry much of the river through the common, viz : the great common belonging to the seven towns in Marsland, and the com- mon called the Smee, and drain them both, which the Marsland men will thank you for. 7. Object. The river of Wisbidge is (as it is now widened) sufli- cient to carry in it all those waters which fall from Peter- borough, and therefore you may spare your pains and cost at Marrow -gate. Answer. Wisbidge River is wider then it was, especially at the out-fall, which doth, and will destroy us ; but it is not the depth nor the width of the river that will drain that Level, it is the descent, and quick current, that must do our work : but this river is so full of small angles, to shoulder up our freshes, yet I will say, it will serve till the moory banks in the fen be sunk. But it is good to be sure in this great work, for if this river should prove de- fective, to receive and carry away a great flood, it is not onely the loss of having our grounds drowned, but may be the ruine of many good mans estate, to the value of ten times the charge of making the slaker through Murrow-gate, to the Horseshooe ; beside, the benefit of this river, and the in-drains to drain all the north- side of Wisbidge, which is many thousand acres of good land. 8. Object. The tide being stopped at German-bridge, or near APPENDIX. 445 Magdelan, will rise higher, and run over our banks, and drown us in Marslaud. This objection is easily waved, ihe tide hath its bounds, Auswer. and cannot rise higher then its center at sea, and though it be stopped at German-bridge, it shall not rise higher by the thickness of one hair, as if it never had been stopped at all. But your great sluce and soss at German-bridge, or 9. Object. near Maddelen, will be quickly silted up, and what will become of the fens then ? It is impossible it should, being no silt comes near it. Answer. nor any salt water, for which I give this reason, viz : the freshes at low water have got the channel at Lynne, there the tide comes in, and beats the freshes back ; the fresh and salt water unwilling to mix, the tide beats back those freshes to its own height, that so two miles below the sluce at Germans it will not be brackish. I hojte the river of Thames at Blackwall and London bridge will give you an experiment ; and if no salt water at the new sluce, and soss, it must be confessed, no silt and sand. We have gretil frosts some years, and then upon a 10. Objcrt. sudden thaw the ice comes down and will choak your sluce and soss. Sosscs and sluces arc the means to prevent the danger Answer, of the ice in a sudden thaw. It is confessed, many bridges by the force and v,cight of the ice have been beaten down, but the use of sluces prevents that danger thus : in great and long frosts we can have no floods, and if our rivers are frozen over to make it impassable for boats, then are our sluces to run ; by this means I sink the water, and the ice with them, as low as I can, then by our sluces I hold up our waters, and this water riscth one foot or two above the ice, which is frozen fast to the bottom of our rivers after a night or two lying there; and although they be not dissolved, yet they are so rotten. 446 APPENDfK. brittle, and short, and (-annot hurt either bridge or sluce: this I have matle cxpciienee of by shices, and can prove it; and this is praeliscd in Holland, rreeze- land, and Gronning. 11. Object. Our division dikes, and all our dikes in our fens, though they be made twelve foot wide, and six foot deep, they keep their width, yet in our dry years the bottoms rise two foot, and our dikes become shallower, and they are no good fences. Answer. Observation and experience will teach you, that the bottom of your dikes grow not up, nor rise as you say, but it is your ground lying dry, the moor earth groweth sollid to a good and fruitful soyl ; and it is not 3'our dikes bottoms which rise, but your grounds which sink, and become much better ; therefore when your grounds are thus sunk with lying dry, bottom then your dikes two foot, and your dikes will hold good for many 3'ears. 12. Object. It is perceivable by your Design for the draining of this great Level, that in a flood we shall have no navi- gation upwards from your new sluce up Bedford River, up Owse to Cambridge, or up your New River to Wis- bidge, and Peterborough, by reason the waters will run so quick that we cannot hale with our horses against the stream, but our three rivers will become like the river Rhyne for swiftness in a flood. Answer. It is granted, the rivers in a flood will run quick, by reason they have water-way, and fall sufficient at the great sluce ; but this force of a flood will not last for above a day or two, it may be longer, and it may be not so long, therefore you must stay while the flood be past; neither are these rivers so nmch your enemies, as con- stantly to oppose you, as the river Rhyne doth : all which work against a constant stream must have pa- tience, and so must you ; yet the motions of these great vessels down the river Rhyne are quick, and so will yours be in a flood, which lasts not long, neither will they be APPENDIX. 447 common with us ; for the comparison will not hold be- tween the river Rhyne txnd any of our rivers in our Level. If this Design of yours be perfected, we may then lay 13. O!)joct. all our boats aside, as having no use for them ; for Owse, Bedford River, Morton's Leam, and the New River through Marsland, will draw in all our land waters. It is confessed that Morton's Leam and Owse will run Answer. low, by reason that at German-bridge allow water mark, the river will be lower then the height of the Level soyl at Saltors Load, by twelve foot, and much more ; and so likewise it will stand with Gu^'heirne, and there shall be no need of raising the banks from thence to Bevis-hall, for there is bank enough, and the river will run lower then the soyl or superficies of Wisbidge High Fen, for Wisbidge River will quickly grinde itself to its old bot- tom, and keep it ; and it is feizable and necessary' to bring part of Owse from Erith unto Wisbidge, by the West-water, through the town of March, and the other branch by Chatris, Doddington, and Wimbleton-hook, without the hazzard of drowning any part of the Level ; and will water all the parts of the middle Level, even to This is of great Maney, the two Wells, and to Saltors Load, and will por.'Son'and""' prove good for navigation to the undertakers, and the the couutry, ' , . , 1 . . - for navigation, countrey winch have quantities or grounds lying upon and watering this West-water; and if the divisions of the intercom- Le\el-'^ ^ mons be laid out, there will be a necessity that this work of the West-water be made good : this (you will say) will afford you water-way for your boats ; no, ye are deceived, for without the use of means at our out-falls into Bedford River, Owse, and xMorton's Leam, to hold up your in-drains, you will still have no waters for your boats, and this will cost money ; which to do, 1 compare it to paper and packlhred, in comparison of the rich commodity bound up in it. We have now two gallant in-draughts, as Bedford 11. Object. River, and Morton's Leam, for our Hoods to bed in^ as 448 APPENDIX. Answer. The receptacles between the banks no in- draughts. The proper place of the in- draught. The reason wherefore. Dunkirk and Delfts Haven. receptacles ; and after the Hood is spent, those run and scour the out-falls, and maintain them. I know not what you mean by an in-draught, but if you believe either of those rivers to be your in-draughts, in which your waters now bed, whose banks are at such a wide distance, and at so great a distance from your out-fall, as near twenty or thirty miles, it is a riddle to me, and beyond my understanding, and in my judgment against all the rules of draining; for in all draining we have respect to our out-fall, fur if we cannot be master there, all other endeavours signifie nothing. Vou may as well call Whittlesey Mare, Ramsey Mare, Soham Mare, in-draughts ; and the Dutch may belter call Har- lem Mare an in-draught, for none of those I have named are in-draughts ; for there can be no in-draught, but it must be close to ihe out-fall, otherwise it works no effect. You have an example in Holland, and in all the low countreys, their in-draughts are at their sluecs close to the neck of iheir outfalls ; neither is there any haven, river, or creek, lying upon foul seas, that hath not sufli- cient freshes to maintain its out-fall, but ho must by art gain an in-draught, which in-draught must be at hand to use when there is occasion for it ; for all true in- draughts are to be held up, and are to be made use of at the last quarter ebb, or before, and so it works its effect; but when the in-draught is about a mile or two above its out-fall, it is so weak upon its stream by that time it comes to its out-fall, that it cannot work any effect to the cleansing of either haven, river, or creek. I shall onely instance in two havens or harbors, though I could trouble you with many ; the one is Dunkirk in Flanders, the other is Delfts Haven in Holland: as for that of Dunkirk I have seen it when upon the wharf they have been forced to use a ladder to go up into a ship of an hundred tun at low water, the next day they have been forced to use the same ladder down from of the APPENDIX. 449 Vvliarf into the same ship ; this might seem Btrange, btft it was strange to me to see by what a small means this effect was wrought, which was thus: viz. in all dry sum,- raers the haven is very subject to be silted up by the sea bearing its foul waters into it, by reason of the many shelves of sand upon that coast, so that the ordinary strength of that small river coming from Bergue, is not WynoxBurgue. able to carry out of that haven what the sealodgeth in it, but then reason and industry doth the work of that haven thus : when the haven is silted up to such a height, the town causes the river aforesaid to be kept up by their sluce, or soss, for some eight or ten dayes together, then they command the ships and other vessels in that haven Howthehaveu to ride in the midst of it as close to each other as they cleansed by the can ; and being thus placed, they at a level water open in-draught. their sluces and sosses, and give liberty to the pinned up waters from Bergue to run through the haven, so that it grindes the bottom through the intervals between the ships, that it carries away all the silt and sand out of the haven, whilst the ships rock too and fro, as if they would fall one upon another; and by this means the haven be- comes as deep again. It is much the same with Delfts Haven in Holland, and that small river which comes from Overkey to the town and haven, doth the like effect with that of Dunkirk, otherwise there could be no haven, but by reason the sluces which cast their in-draughts into both these haven, stand at the very entrance of them, otherwise they could not grinde and effect so great a work. Now look back to ourselves which have been so much The rcccptnclcs mistaken, as to make receptacles of in. draughts within '" ^^ ^'I'l^scy ' » " dnnfjcrous to land so remote from the out-falls, and you may be CoiJham and • 1 1 Waldcrscy. assured, that if the receptacle or in-draught made at \Valderscy, had taken that effect as was supposed, to have received from a spring tide from sea six foot water, yet it could not have done you any good, by reason it 2 G 450 APPEND r\. Considerable benefit to the liing and king- dom. Advnntnf^cous to some towns. His Majesty's land secured from drowning. Fifty thousand acres of good land gained from the sea, called the M' ashes, the king's waste. lay so far from the out-fall : but certain it is, that if it had jiroved that that in-draught had hut gained from the sea, four, five, or si.v foot water, the hanks had been gone long ere this ; and Waldersey and Coldham had been both lost, or little worth. 1 shall give you no farther Iroublc, but to assure 3'ou of my readiness to answer any other objections which may be made, against this my design, or way of draining, to the best of my knowledge and judgment. Now give me leave to give you ray sense of the great benefit which will arise to his sacred Majesty, the ho- nourable cor{)oration, the countrey, and the whole king- dom. His Majesties subjects in this Level, who were formerly very poor, by reason of the uncertainty of the banks, and their ground lying dry, but being once perfectly drained, will grow rich and populous, to the strengthening the king and kingdom. It will better navigation and trade to all his towns in this part of the kingdom. It secures his Majesty's land, being ten thousand acres lying in this Level, from all farther charge or fear of being drowned by any flood, either in winter or summer. His Majesty gains hereby fifty thousand acres of good land, called now the Washes, or Salt Marshes ; this land is equal to those lands in Marsland, or Holland, for goodness, the one lies on the east and the other on the west-side of these washes or salt marshes, which is all the king's waste : and I do affirm, that those washes con- tain more land then lies in Marsland itself; and more, those washes lies much higher then doth Marsland or the north-side of Wisbidge j yet through this wash doth Wisbidge River, Sheir-Drain, and Spalding River make their way to the sea. But when Wisbidge River, Sheir- Drain, with Spalding River, are forced to a better out- fall, as Wisbidge to great Ovvse, and Spalding River, APPENDIX. 451 and Glean secured, to the great benefit of North and South Holland ; then must those spacious washes sud- denly become good land for this reason, viz. for these rivers by force of winter floods do scour and cleanse these washes, and will not suffer the silt or sand to bed upon them; but these rivers being taken away, which run through, and spread themselves upon these washes every low water, doth carry away to sea what the tide hath left behinde j but the cause being taken away, the effect ceaseth, and all those washes will become good land at little or no considerable charge ; and yet the navigation of his Majesties towns of Lynne, Boston, and VVisbidge, much bettered, and prove great out-falls, and navigable channels to the North Sea. Yet let me tell you, thai though the freshes work this The washes get effect, to cleanse and scour tlie washes, yet the washes freshes. grow and get height upon them; and though formerly Wisbidge was the best out-fall in this great Level, and took much of our waters into it, which now run by Lyn, by reason of late years the sea hath left us, and the washes have gained a great height; and in my judge- Nogoodout- , . .,1 • 1 . c 11 fall through the ment it is impossible ever to gain any good out-fall washes for through those washes, either for the river of Wisbidsre, Y^^}^1^°^' o ' o ^ Spalding, or Sheir- Drain, or Spalding River. Sheir-Drain. As for the Noble and Honorable Adventurers I shall say little, onely assure them, that this Design, and way of draining this great Level, being perfected, the great Level will be perfectly drained ; whereby the great charge The charge of of maintaining two or three hundred miles in banking mUeshTbank- already made, will be taken off; which being of no far- ing taken off. ther use, will be of no farther charge : neither are they freed from this charge alone, but from the charge of many of their sluces and sosses ; as that of Well-creek, Someshiccs , , ^^ c 1 r 1 1 1 1 ""'^ Bosses bc- and that upon (Jwse, at Saltors Load, and those works at come useless. Ely, which will become as useless as the two or three hundred miles of banking. And in fine, it may be be- 2 f; 2 452 ArPKNDix. lieved, that six-pence the acre per annum, will maintain the charge of upholding the works, and procure a stock, if the bel'oremenlioned works be once sufhciently effect- , ed, for there will be no need of repairing of banks any more. I'he benefit which will arise to the inhabitants of this countrey will be very considerable, in being freed from all danger of being drowned any more ; that they may freely plow and sowe^ build and plant ; and then there will be no fear of the want of water in the summer, for themselves or cattle; and which will be very consider- able, is the navigation to almost every small town in this The division of Lcvel, especially if their inter-commons be divided, which the inter- . common. will be a great benefit both to the lords and the tenants : but in all these navigable cuts avoid banks, and then these cuts and division dikes may be done at a small charge, having a care to carry your leading drains into their proper out-falls of Bedford River, Great Owse, and Morton's Leam. I shall not deviat from my present discourse, if I tell you, that by ray observations abroad, both in my youth and age, I gained some experience to serve my native The province countrey ; and that one province of Holland, 1 compute to be equally as large as this great Level ; and 1 do verily believe that there is one hundred times more money expended in this province, in rivers, sluces, sos- ses, and bridges, then can be needful in this great Level The provinces of the Fens. The provinces of South and North Hol- North Holland, land, Frcizland, and Gronning, admit of no tides or rivers Fre.zeland.aud ^ ^^ ^^ ^.^^ j^^^ ^^ ^^^^ c^q^^^Jj Holland ad- Gronning, ad- ' J mils no tides to ^lits of the river Maze to run to meet the river llh\'ne ; run into them. . i • » » yet this Holland runs her water into the river Maze by substantial sluces and navigable sosses, as I have seen at Mazelandt, Ulerdine, Skeydam, Delfts-haven, and at Ro- terdam, all these play into the river Maze, which runs by the Brill to Dort. On the north-side of this province is ArPENDix. 463 Harlem Mare, by sluces and sosses, at Amsterdam there are many, at Myden, Nardam, all these run into the Zuyder Sea, and yet those sluces, and those upon the river Maze, have not one quarter of the ebb to run at. JNorlh Holland upon the Zuyder Sea hath its sluces to North Holland L c>i 1411 1 TT « -iTiT'i hath not a quar-i run at bardam, Monkenden, Horn, Ancusen, and Mid- terebbtorun die-bleak, and they have not above a quarter ebb to run ^*' at ; though they force their waters into those leading rivers by costly mills ; and in this North Holland much of their richest grounds, where they make their best cheese, lie under the low water mark at sea, at least six or seven foot; as the Dempster, the Skermer, and the Wart, &c. they are all drained by a multitude of mills. Draining with a each mill costs near six hundred pounds sterling. In ™"i[sf "'^'' °^ the Skermer I have seen four mills, one standing four Four mills to foot higher then the other, and they have worked one to sbtteenfootr another, till they have brought the water sixteen foot hish, to run into the drains which leads to the sea. Freizland and Gronning, from Campen in Gilderland Great care to to Dam in Gronning, is all drained by sosses and sluces ^^^^i^^ j^'of to sea- ward: the length of those three provinces is no less the sea into any ^ * part of the pro- than an hundred and twenty miles along the sea coast, vinces. and yet they have no rivers run into them from the sea. 1 did observe in all those parts of the Netherlands where I have been, they do not admit the sea to iiow into any of their provinces, but keep it out by their sluces and The sea kept , . , , . , , . out by sosses sosses, so far as art and cost will promise them security, and sluces. These works of theirs will conhrm all rational persons, that if they have but one quarter of the ebb to run at, and lie dry, what can be said against a sluce and navig- able soss at German-bridge, upon old Owsc, and new The since at •ki I • 1 1 1 1 li- I III • /I 1 1 (ierman-hridge Nean, which hatli hair tlie ebb but in a Hood more, be- musnt half cause the freshes do rise one foot within the sluce, for ^^^' ""^ *""*^' two foot the tide riseth against the sluce without, to sea- ward. 454 APPENDIX. Marsland lower then the preat Level of the fens, and yet is drained into the river Owse. South Ea Bank secured. The north-side of Wisbidge drained, and the flat of Tid St. Mary's. 1600/. per an- num charge taken off from Marsland. The great com- mon of the 7 Towns of Mars- land drained, and the Smee. Constant fresh water in Mars- land. I hope the experience we all have of Holland, the north-side of Wisbidge, with that of Marsland, all of them lie below the lens of the great Level five or six foot, yet drain themselves into great Owse and the sea : neither are the benefits inconsiderable, which Holland, the north-side of Wisbidge, and Marsland, will receive by this design. As for Holland, all that bank called South Ea Bank, from Dowesdale to Clowes-Cross, being eight miles, which was believed formerly to have been a thousand pounds per annum charge, will be secured. The north-side of Wisbidge will by this means save the repairing of that bank from Clowes- Cross to Guy- heirn, and part of the bank upon Wisbidge River which formerly cost much money ; but the greater benefit this north-side of Wisbidge will receive, is the perfect drain- ing of all that flat and low countre}' ; for which, they of the north-side of Wisbidge, and Tid St. Mary's, in the county of Lincoln, did contract for the giving a great proportion of land for the draining thereof. Now as for Marsland their benefit will be the greatest, for this work being done, they save the charge of repair- ing all those banks from Germans-bridge upwards, on both sides of the river Owse, to Saltors Load, which is eight miles ; and all those banks called New and Old Po Dike, which by their confession cost them yearly l600/. And withal, they recover hereby the great common be- longing to the seven towns in Marsland, and the common also called the Smee, for which a great quantity of land was offered to those which should undertake the draining of it, as I have been informed. And another consider- able benefit is, they will constantly have fresh water out of the river from Wisbidge to German-bridge, and the bank lying upon the west of Marsland upon the washes, near fifteen miles in length, it costs much money, and APPENDIX, 455 many times in danger of breaking, is hereby secured, the washes or sail marshes being gained from the sea, which will be effected in a short time. U" this work be performed, it is at the pleasure of the The benefit to , . , • A r 1 1 1 ^''*^ corporation corporation to drain the great common in Marsland, be- towards their longing to the seven towns, containing five thousand '^"*'S*^- acres, with the common called the Smee, containing about fifteen hundred acres ; likewise, the draining of the north-side of Wisbidge, containing twelve thousand acres ; also, all those grounds in Holland, belonging to Gedney, Drove, Chappie, Holbidge, Fleet, St. James, Tid St. Mary's, which is reported to me to contain eight thousand acres of drowned land : and if the corporation please, they may drain all that part of the Queen's man- rior in Croyland, called Posant, which will be rich ground if once drained, and contains iu it seven thousand acres, six whereof belongs to the Queen. William Dodson. Answers to the several Objections againsl this my Designe, since (he Deliver ii of it to the Honourable Corporation. First, It is objected, that the place that I intend to set l. Object. the great sluce upon, which is near Magdalen, is a quick- sand. To this I answer, that the place I have designed to Answer. set the great since upon is no quick-sand, but a firm and soUid clay, as the place where Magdalen Bridge stands, or the since at Saltors Load, or Well-Creek ; and this is at an casie charge made appear to them tiiat doubt, by sinking the place twelve foot, where they will finde what 1 have asserted in my design to be truth. 456 2. Object. Answer. 3, Object. Answer. 4. Object. Answer. APPENDIX. Secondly, It is objected, that the river is deep there, and that it is not possible to set a sluce in the river. It was never intended to set this sluce and soss in the river, for that were great folly to undertake; but this sluce is set near the river of Owse, and so cut into the river; and although the river were as deep again as it is, it is all one ; for I set not the sole of the sluce two foot below the channel (as it is pretended) but I set it two foot below the sole of the river, or low water mark, and therefore the depth of the river is no prejudice to me by being so deep, but contrary a great advantage, and of much benefit to carry away the freshes. Thirdly, It is objected, that if a sluce should be set there, that the doors of that sluce must be thirty foot in length. The sluce I have designed is in height from the lowest stone in the foundation, to the highest stone in the work, but eight and twenty foot high; the several water-ways in this sluce but ten foot high ; neither doth the greatest freshes within us rise above ten or twelve foot upon the sluce, why should the flood-gates then be made thirty foot high for ten or twelve foot water » you have a pre- sident by all those goats that stand upon the river Owse in Marsland, that drain all Marsland into that river, otherwise Marsland could not be drained, yet their flood-gales are not above five foot high set to low water mark, so that the spring tides flows about thirteen foot of plum water above them. Fourthly, It is objected, that if this sluce and river through Marsland were finished, it would do no good to the draining of the great Level, but no reason is given for it. If that the gaining of a great and considerable descent to the sea, at the very out-fall, will do no good to drain that great and flat Level, that lies in a flood above twenty foot higher then low water mark at the out-fall, APPENDIX. 467 and yet this out-fall but twelve miles from this flat Level, makes this objection frivolous. But to give farther satis- faction, I did desire a view might have been made of that river called the Horseshooe, below Wisbidge, where they might have seen the tide rise to the height of eight or nine foot up the banks of that river, higher then the superficies of Marsland ; and if you will stay untill it be low water, you shall see this river two or three foot within soyl, lower then the superficies of Marsland j and yet the river of Owse at the great sluce, at low water mark, will be ten or eleven foot below the superficies of Marsland there; for all the descent of Marsland lies from the bank upon the Horseshooe, to the new sluce near Magdalen; and the goats in Marsland on the river Owse doth drain the whole countrey into the said river, following the re- fluxes of the tide. It is objected, that the stopping of the tide by a sluce 5. Object, at Magdalen, will not take away the great waters in a flood from off" the banks at Sutton and Meapool. If the tide be not stopped here at Magdalen, or Ger- Answer, mans, yea, lower to sea, if it were convenient, it is not possible but that in a flood, Swacy, Over, Erilh, the washes, and those banks about Sutton Meapool, Wit- hatn, Witchford, and Welney, must all suffer. My rea- sons are, » First, The floods come quick from St. Ives, making l. Reason, their way to sea ; the water-way is large enough at Erith, it is confessed, but at Sutton, Gait, ar.d Meapool, in the new Bedford River, there it runs upon an ascent, the like again at Pyemoor-hill, which is a great obstruction of the freshes in a flood running to sea ; for gravels and fords in rivers are a great hinderance to the free passage of all waters : for although the river be never so deep, il must be allowed where such obstructions are, you can run no more waters in those rivers then what runs over your gravelb or fords, and it is the same with Sutton, 458 APiMiNnix. Gait, and Pycinoor-liilJ, in new IJuilt'ord lUver. Besides tliis, there is another great obstruetion, vvhieh is the weeds that are admitted to grow in this, and many other of our rivers, and arc of very (laniz;erous consequence j for in a lh)c)d, where our iVcshes in ihis river hath but small descent, they hokl them up, insomuch that the freshes are inforced to soyl through those weeds as through a ceive, which must of necessity cause those quick waters from the uj)lands to swell backwards, to the great dammage of Erith, Swacy, and Over, on that side of the countrey. 2. Reason. Secondly, After the flood hath passed these three great obstructions in this river, it meeteth with another rather worse then the former, which is the tide, and winde- catch ; for when these great bodies of freshes come to run to the sea, they then at the very out-fall meets with the tide (who visits that river twice in four and twenty hours) and doth not onely stop the current of those freshes, and forceth them back even as far as Sutton- bridge upon new Bedford River j and if the winde blow hard ahnost in any point, when the floods are within the great wash of that river, the banks are in great danger of being lost, or blown up ; for it maketh so rough a sea, that it washes and undermines the banks; and if it do not break them, it puts the corporation the next summer to a vast charge of repairing. Now on the contrary, to free this Level from the bad effects of this indirect river, the tide, winde-catch, and weeds, to give this river from Erith free passage, by the old and famous river by it, (for it is old Bedford River that is the river) though it hath been much sleighled ; yet if it had not been made use on of late years, it had been much worse for the countrey then it was. For I dare and will affirm, that the freshes in a flood shall vent themselves, running from Erith a day or two, at Saltors Load, i)y the old river, before they come down thither by APPliNOIX. 459 the new ; now, these two rivers having their free passage, the weeds being cut and roded, and the tides stopped at Germans or Magdalen, will free this part of the Level, that is so much oppressed by St. Ives waters, the winde- catch, and the flux of the tide up that river, for the freshes then in those two spacious rivers hath no obstruction ; for the tide being stopped at Germans, these rivers will run continually, having so great a receptacle as seven or eight miles in length, without the Level, from Saltors Load to Germans-bridge ; for the freshes at the great sluce must rise at least ten foot higher then its usual height, to maintain navigation, before the water can run back at Saltors Load to obstruct the current of this river, which is impossible, if the sluce and soss be admitted to run ; for the water-way in this sluce and soss is no less then an hundred eighty-lwo foot broad, and ten or eleven foot deep, which is more water-way by much, then runs through those two bridges of VVisbidge and Down- ham ; now these rivers running thus continually in the greatest floods, it will be allowed, that the waters cannot lie long, or rise so high as formerly, by six foot upon those banks ; if so, then the winde-catch cannot in the least prejudice those banks. By this, I hope, it may be perceived, that the waters cannot lie upon those banks of Suiton and Meapool, or in the least damnific Erith, Swacy, and Over. This may be an answer for the river of Morton's Learn to Peterborough, and that part of the country, for the obstructions are the same. Sixthly, It is objected, that my in-let of the river from 6. Object. Wisbidge into Marsland cut, cannot be performed at six foot deep, at the river called the llorseshooe, as 1 have designed it, and they give this reason for it, That if I n)akc my river there six foot deep, the height of the tide will not reach the sole of that river to be cut through Marsland. 1 shall not need to answer this objection, it being alto- Answer. 460 APPENDIX. 7. Object. Answer. 8. Object. Answer. 1. gether without reason or sense, but rcferre you to iny answer to tlu; Fourtli objection, which will give any one full satisfaction. Seventhly, it is objected, that the charge of a sluce, the purchase of the grounds through Marsland, and the rest of the works designed by nie, will cost 200000/. To this I answer, that certainly they that made so large an estimate uj)on those works 1 have designed, know how to set a price upon their own ; for it is well known, the estimate I gave in to the honourable corporation, with my design, did not amount to above 46000/. for I had rather, and it was my resolution, to ask more, or at least as much as would do the work, (having so short a warn- ing) then ask less, and the corporation should finde it more, thereby to induce the corporation to make use of my design ; but upon further consideiation, and having better digested the charge, I have since for ihe better satisfaction of this honourable corporation, made a moddel of part of the great sluce, and the soss propor- tionable, to shew the true dimention of the same; which sluce and soss will be undertaken at a price, by able and sufficient workmen. And that such mistakes as these may not affright the corporation from going on with so beneficial a work, I have here annexed to my designe, the estimate of all my works, as they are, and will be undertaken ; and shall be ready when this honourable ' corporation please, to make every particular of this ac- compt appear. Eighthly, It is objected, that this sluce is to master a quick water, which is not believed it is proper; for the reason is, they have not known the like practised else- where. As to this I hope to give full satisfaction, by several reasons, and examples of other countreys in the like case, as also some known to ourselves within the isle. I shall instance in the first place Freizland, which is a APPENDIX. 461 larger countrey then this Level by much ; here all vvinler their grounds lies very deep in water, frozen over with ice and snow, this they thus suffer, to keep their ground warm, and b\' this means preserves the roots of their grass from perishing by the frost ; and in February or March, when the weather breaketh, they then run all these waters out into the sea by their sluces, which runs quick and violently for one moneth and more together, (more quick then ever it will run at the great sluce) nei- ther have they any way to avoid their great and quick waters but by sluces. Secondlv, It is the like with North Holland and South 2, Holland, by the multitude of mills, working all the latter part of winter, which causeth a very quick river to their sluces at sea : and I doubt not but these all may be termed quick waters. Thirdly, If we look at home, we shall finde that we had 3. a gallant sluce upon the river of Wisbidge, which was of great use until it was overcharged by the river of Wel- land, which was contrary to the intentions of the then adventurers ; for there was no waters intended to that sluce, but what run under Peterborough Hridge, from Burrough Fen and Thorney, and the water-way was made accordingly in that sluce ; and that sluce was use- ful and convenient in that place, and might have been to this day. Fourthly, Come to the soss at Well-Creek which is 4. still standing, and hath to the great benefit of the coun- trey these thirty years, preserved nagivalion, and wrought that river to a great depth, and keeps it: this may be justly called a quick water, upon every land flood, or down-fall. Fifthly, Look upon the sluce upon old Bedford River i. at Saltors Load, which is still standing, and for many years preserved the out-fall of that river, until our trou- 462 APPKNDIX. bles began in England ; and then the people stole away the flood-gates, so that the out-fall of that river was suddenly silted up: and this sluce stood upon a con- siderable quick river. Sixthly, Come to the open soss and several sluces at Saltors Load, which was set down some I'ourteen years since upon this great quick, butting upon tlie tide from sea, (and although it was made of wood, which cannot be durable against the sea) neither was it set in its pro- per place ; yet it is clear it did much preserve that part of the Level, and also maintained nagivation whilst it was kept in repair. Now give nie leave to give you my reasons, that a sluce upon a quick water is as useful, with as little dan- ger, as a sluce upon a dead water, as it is termed; it is confessed, that a sluce upon a quick, that hath not water-way sufficient, is little belter then a dam to ob- struct the current of those rivers in a flood, and is de- structive ; but if there be water-way sufficient, and to spare, in the greatest flood, then this sluce or soss pre- serves that countrey from all sudden and quick floods without danger. And for the prevention of all sudden floods, it must be granted, that no flood falls into this Level, but by great rains, or sudden thaws, in the up- land countreys; of which we cannot but be sensible some days before it come down, in which interim of time we pull up all our fall-gates, and run out all our freshes that are holden up by the sluce to maintain navigation, so that when the floods come down, the rivers are empty (if clear of weeds) to receive them; and if I run twice the water of those bridges where the floods must come under, certainly I may wait three hours in twelve upon the re-flux of the tide, and yet not so much if the flood be great; for as the tide riseth two foot without us, the freshes in a flood rise one within the sluce, by which APPEND [X, 463 means we run the sooner, for our freshes run whether the tide be coming in or going out, until the tide rise higher then our freshes, and shuts the flood-gates. These examples and reasons I hope may be sufficient, and give full satisfaction to them that doubt of the truth I have asserted in my design ; for unless (in my judg- ment) we can master the tide, it is not possible to drain this Level. Ninthl}', It is objected, that the since I have designed 9. Object, will not bear the weight of water that will lie against it, and that the eager will carry away the sluce. To this I answer, that the sluce I have designed is in Answer, the foundation two and fifty foot broad ; the bredth of the sluce upwards is forty foot, and besides this bredth, between every arch a buttcrice raised from the founda- tion, on both sides the sluce, of three foot square, all of good brick', stone, lime, and tarras outwardly, which 1 do aflirm is thrice the strength of any bank in Marsland: and further, to support this sluce, which in my judgment needs none, I keep the water eight foot high constantly to land-ward, to maintain navigation, so that I can have but the weight of ten foot water upon my sluce in the greatest tide. Now as to the stopping of the eager, which is no more then the flux of the tide from sea, which comes in c[uick, I shall onely say this, that if the tide be once stop[)cd in any river whatsoever, by sluce or dam, it hath no more force; for when the current of the tide is so stopped, it riseth against that sluce or dam insensibly, and those sluces or dams bears no more but onely the weight of water that riseth upon them. Tenllily, It is objected, that if the tide have not his lo. Object, flux and re-flux up Ovvse, it may be feared that Lynne liiver may be lost. Where sluces with in-draughls are placed to any out- Answer, fall near the sea, they alwayes make good the chaimel or out-lall without ihcm, as well as deepen the channels of 4G4 APPENDIX. those rivers within them; now the flux of the tide is but a small distance from this since, and the re-flux the same, which continual motion of the tides ebbing and flowing in so short a distance, it cannot silt up that river, espe- cially when there is so great a fresh within our in-draught, in those two great rivers, that leads all our freshes and floods to that sluce, and follows the tail of the tide to sea; which must in all reason grinde the channel to sea, to a great depth, below Lynnej and as it is now uncertain and dangerous, this will improve it to the admittance of greater vessels then formerly, to the great benefit of that port. And if the way that I have designed to drain this great Level should prove any wayes injurious to this town of Lynne, I would soon desist from prosecuting it any further; but 1 hope by this they understand a benefit and no damage to that town. 11. Object. If I divert Wisbidge River from running through the washes, or salt marsh, then all those washes will become good ground ; but then that part of Holland from the Sheir-drain to the river Welland, with the north-side of Wisbidge, will be lost, by reason they will lose the out-fall of Sheir-drain, Sutton-goat, Fleet-goat, Quapload-goal, and Weston-goat, which are their drains into the washes. Answer. To this 1 answer, to drain one part and drown another, is no part of my design, but what I endeavour, is to per- fect and drain that part of Holland, with the north-side of Wisbidge, and yet drain the great washes containing near fifty thousand acres of the King's and Queen's waste, without prejudice to any land-holder in that part of Hol- land, or north-side of Wisbidge, but to their great benefit. For it will be confessed, that the town and high lands of Tid St. Mary's, Sutton, Gidney, Holbeach, Quapload, Molton, to Spalding, lies higher by six foot then the low grounds on the north-side of Wisbidge and Holland, and all these high lands before named, lies betwixt the sea and these low grounds; so that Cubbet, Spalding, Drove- APPiiNDiX. 465 Chappel, Gidney, St. James, and Fleet, are forced to drain themselves by small cuts through this ascent betwixt the se-a and them, in some place three, four, five, or six miles, and many of them seven and nine foot deep; yet for all this great depth of those drains, a great quantity of those low grounds are drowned commonly two foot; although you are at great charge with the spade to keep your goats and sluces open into the salt marsh or washes, and yet cannot drain yourselves : (the reason is plain) for it is well known to the ancient inhabitants, that the sea of late years hath lodged its silt and sand some feet above your sluces or goats to sea, and in short time the loss of much good land may be feared ; yet to help you I do endeavour, but to hurt you, or any part of the countrey, is no part of my design. Now to free you from these inconveniences, the turning of VVisbidge River through Marsland near to Germans-bridge, will be of much ad- vantage and benefit to those low grounds ; for by the help of the since at Germans, we keep Wisbidge River, when we please, as low as we will ; and this river of Wisbidge will prove the out-fall for all those low grounds of Holland, and the north-side of Wisbidge, and perfectly drain them winter and summer : my reason is this, those low grounds in Holland lies higher then those low grounds on the north-side of Wisbidge, and those waters in Wisbidge River will lie lower by six foot then the superfices of those lands or drowned grounds on the north-side of Wisbidge ; so that at all times, by the help of a navigable river, through that part of Holland, from Cubbit upon Welland, to Grammoke-house upon Sheir- Drain, and from thence to Murrow-gate, and so to Leverington, into the river of Wisbidge ; where you have so great a fall, that it absolutely drains all those drowned grounds aforesaid, and the best and most certain out-fall for Shcir-Drain, when Clowes-Cross will give 2 u 466 APPENDIX, leave, to the great benefit of Thorney, Burrough great Fen, and the town of Cropland. This work will not onely be of use to the perfect draining of all those grounds, but likewise better navigation from Lynne, Wisbidge, and Peterborough, to Spalding, to Boston, to Croyland, to Deeping, and to Stain pford, by the help of a small single soss placed upon Welland River near Cubbit. This I have now said may be performed at an inconsiderable charge, considering the profit it brings with it, with the consent and allowance from the ho- nourable corporation ; of which there is no doubt, but they will be very willing to serve the countrey upon so publique an accompt, being of so great advantage to those parts and little or no dammage to themselves. Thus having (to the best of my judgment) answered the aforesaid objections, and do confess my obligation to him, or them that did make them ; by which means, reason will finde the better allowance, and truth appear with more lustre. I shall now trouble the reader with some few objections of my own, against that design last intended to be put in practice, which were made according to the order of the honourable corporation ; and shall as willingly receive satisfaction from him, or them, which are the present directors, as I am desirous my judgment, in this affair, may receive their approba- tion. APPENDIX. 467 According to an Order of this Corporation, the 17th of November, l664, I do here, with submission to the said Corporation, humblj/ tender these my Objections following, aoainst that Desicrn now in agitation. Whereas it is designed by this last new design, that !• all rivers shall be left open to the sea, for the tide to have his ftee passage into all those great rivers. First, To this I object, that if the flux of the tide from l- Object, sea be admitted to flow up old Owse, Bedford River, and Morton's Leam, that the banks that are made, and to be made, in order to this design, cannot secure the Level from inundation, or drowning. My reasons are as fol- loweth : , First, The tide flowing up the river of Owse and Wis- i. Reason, bidge, hath been the destruction of all those undertak- ings, for the draining of the great Level : the reason is plain ; the spring tides at Germans rise twenty foot from low water mark, and at VVisbidge it riseth fourteen foot at least above low water mark, running to sea ; now the ascent of the tide from sea flowing so high within our Level, obstructs the freshes in their current to sea; and not onely that, but bears our freshes back (as I am credibly informed) that the freshes have been seen to run back through Sutlon-bridge towards Erith, which is near thirty miles from Germans ; the same it is with Morion's Lcam up to Eldernel : therefore the flux of the tide is not to be admitted into any of our rivers. Secondly, If the rivers be open to sea every spring tide, 2. Reason, if the windes blow hard at north or north-west, all the Level is in danger of drowning; (as for example) the last winter uiicn you had iilLle or no land floods, the spring tides putting in with a strong north winde, i)ut Morton's 2 H 2 4GS A V PEN D IX. 3. Reason. 4. Reason. Leaiii in i^reat danger; and as lor l3ed('ord River, it raised the waters so high, that it carried away a con- siderable part of one of the best banks, to the great dammagc of the corporation and countrey. Thirdly, If tlie three rivers be left open, and admit of the tide to flow up them, then Peterborough and those parts adjacent must suffer, and so must Erith, Swacy, and Over, in that part of the countrey: neither can Haddenhani, Swaftham, Water-beach, Stretham, or Wilberton, be freed from the said inconvenience, for it must be confessed at all hands, that Morton's Learn lies much higher then Bedford River, and Bedford River lies much higher then old Owse ; and likewise it will be allowed, that the tide will flow equally up these two rivers of Owse and Bedford River, (for water will finde his level) now certainly it was very indiscreetly done of him, whosoever he was, that did give direction for a bank of six foot to be made upon Owse and Grant, against the tide, Owse being the lowest river in the whole Level, when they make banks of ten and twelve foot upon Bedford River and Morton's Leam, which lies higher then this river by much. And as for those banks designed to be njade upon Mildenhall, Brandon, and Stoak, with those from Stretham-ferry up to Aldry Cau- sey, they will not be able to secure that countrey ; for as it is with Bedford River at Erith, Swacy, and Over, the same it will be with Stretham, Wilberton, Haddenham, and that part of the countrey ; yea, rather much worse, by reason the river lies so low, it will give the greater reception to the tide: for when the tide did flow upj Owse formerly, I have seen the water rise a foot at I Stretham-ferry in a spring tide; and now the river being widened from Saltors Load to Littleport, you will finde it will flow into those parts with a more eager then for- merly, to the destruction of that Level. Eourthly, If Owse and Bedford River be open to sea APPENDIX. 469 for the tide to have his flux and re-flux, then will all Marsland he put in a hazzard of utler mine, they being now at a vast charge to keep their bani "'"i "c- ' -' ' cording to tlie said governor and bailiffs for the lime beim;, or any of r Esq. Samuel Fortrey, Esq. Richard Mariot, Esq. John Minga}', Jonas Moore, Peter Diamond, Esquires, An- thony Hammond, Esq. Mark le Pla, Gent, and John Bridgman, jun. Gent, or any three or more of them, are hereby constituted and appointed to be surveyors and valuers of the said eighty-three thousand acres, and are within twelve months next after the passing of this act, to digest the said eightj'-three thousand acres into such number of sorts or decrees of land not under the num- ber of seven sorts and degrees; and to rate and tax such degrees, and digest the same into schedules in writing, and make returns thereof upon their oaths into the Fen Office ; the form of which said oath shall be, (viz). Form of oath to be adminis- tered to ccni- niissioners. 1 A. B. do srcear, that according to the best of mij skili and knowledge, I will faithfully discharge the trust of sur- veying, sorting, dividing and rating of eighty-three thousand acres, parcel of ninety -five thousand acres, tviihin the Great Level of the Fens, known by the name of Bedford Level, according to seven degrees or ?nore, as I upon my oath shall think most equal. Corporation to administer oath, to pay surveyor and valuers for their trouble. The which said oath the said governor, bailiffs, and conservators, or any three or more of them, are hereby authorized to administer, and also to allow unto the said surveyors, or valuers, such reasonable charges for their APPENDIX. 479 travel and pains therein as they shall think fit ; and after Returns made the same are returned into the said Fen Office, and there Qg^p^ to be publickly set up, which said return is hereby enacted to puW'ckly set be made within one month after the survey taken, and the several valuations by the parties to that purpose by this act appointed and agreed upon, and all parties ag- Parties ag- , 11- • • 1 • 1 ■ 1 grieved may grieved may take their exceptions within thirty days take exceptions after the same are set up ; and within forty days next to the^cprpora- after such exceptions taken, may appeal for relief unto tion. the said governor, bailiffs, and conservators, or any five or more of them, for altering the said schedules in the rates and values complained of, so as the parties appeal- ing shall prosecute the said appeal within the said forty da3's, and not at any time after : and in case the said go- vernor, bailiffs and conservators shall not, within the said forty days relieve the said parties grieved, or if the said If parties are ,,, , •/•i-ii -1 • • r dissatisfied parties shall not be satisfied with the determination or ^vith the the said crovernor, bailiffs and conservators, that then Judgment of ~ ' ' the corpora- the said parties mav appeal unto Sir Henry North, Ba- tion, . ' o-T-ii r»if may appeal to ronet. Sir Levinus Bennet, Baronet, Sir Robert Brook or couimissioners Yoxford, Knight, Sir Edmond Pooley, Knight, Henry of^PP^^^l- Williams, Robert Apreece, Richard Naylor, Humphry Orme, INIorris Tresham, Lawrence O.xborough, Henry Farrer junior, Edward Barber, Matthew Wren, Thomas Marsh, Henry Fitch, Doctor of Laws, Thomas Steward, Anthony Fisher, Mathias Tayler, John Towers, Esquires, and Burrage Martin, Gent, or any three or more of them, who are hereby constituted and appointed commissioners of appeal to hear and determine such complaints, and to give relief therein as they shall see cause, and to award who are cm- • 1 1 1 11 11-1 powered to costs to either party as they shall see cause, the which determine said costs may be recovered by action of debt in any of his Majesty's courts of record at Westminster, wherein no essoign or wager of law shall be allowed ; which said appeals to the commissioners shall be duly prosecuted by the said parties grieved within two months next after uud award C0bt:j. 480 APPENDIX. Schedules with altera- tions made by corporation, or commis- sioners of ap- peal, hereliy confirmed and made a ride for taxing 83000 acres. Corporation not to tax otherwise than according to schedules. I'JOOO acres, residue of ynOOO acres, to be taxed by a medium. Tax of (i 110/. 7i. l^(/. to be set in Whit- sun Week next on 83000 acres, accord- ing to five de- grees, on 12000 acres at l*. 2d, per acre. Sale to be on Wednesday, Thursday, Friday, alter first Sunday in April ; ever after ac- cording to this act. Sir Miles San- dys the elder, aud Sir Miles the expiration of the forty days, and not at any time after; llie whieli said schedules with the alterations, if any shall be made by the said corporation wherewith the parties shall rest satisfied, or by the determination of the said commissioners of appeal, are hereby confirmed, and shall be a constant rule and foundation for the rating and taxing of the said eighty-three thousand acres for the future, for maintenance and preservation of the works made and to be made within or without the said Great Level of the said fens ; and that the said gover- nor, bailiff's and conservators, nor their successors, nor any of them, shall tax or assess the said eighty-three thousand acres, otherwise than by and according to the said schedules to be returned or confirmed as aforesaid; and it is declared that the said twelve thousand acres, residue of the said ninety-five thousand acres, shall be rated and taxed by a medium towards all taxes hereafter to be laid, as by the said tax made the said twentieth day of June is provided, and not otherwise. And it is hereby further enacted, that a tax of the said sum of six thousand one hundred and ten pounds seven shillings one penny halfpenny, shall and may be set by the said governor, bailiffs and conservators, or any five or more of them, in Whitsun week next, upon the said eighty-three thousand acres, according to the said gra- dual acre-tax of five degrees, upon the said twelve thou- sand acres, at fifteen pence per acre ; and for non-pay- ment shall and may be levied by sales on Wednesday, Thursday or Friday after the said first Sunday in April then next following ; and that from thenceforth all future taxes shall be laid and imposed upon the said eighty- three thousand acres by a gradual acre-tax not under seven degrees, and twelve thousand acres in such manner and form as by this act is provided, and not otherwise. And whereas Sir Miles Sandys the elder, and Sir Miles Sandys the younger, were adventuiers and participants APPENDIX. 481 with Francis late Earl of Bedford in the said Level, and Sandys the had an interest in several shares, lots and proportions in shanfs^they^ the said Great Level : the right, title and interest in ereat adventured ' ^ ' ° for settled in part of which said shares and lots were, as appears by truston Samuel indenture bearing date the twelfth day of June in the for°paymcut first year of his now Majesty's reign, made between Sir of debts, &c. Miles Sandys the younger of the one part, and Thomas Sandys, Esq. and Robert Sandys, Clerk, Humberstone Marsh, Esq. Samuel Spalding, Gent. William Wolson, Clerk, and John Kirk of the second part, and Samuel Sandys, of Ombersley, Esq. on the third part, settled in several trustees therein named, in trust for the payment of all such taxes as should be due for or in respect of the said lands mentioned in the said indenture, and after in trust for the securing of the said Samuel Sandys, Esq. from all such debts as he the said Samuel Sandys stood engaged for, the proper debts of the said Sir Miles Sandys the elder, and Sir Miles Sandys the younger : since which said indenture so had and made, the said Samuel Sandys the elder, has paid great sums of money for and towards the satisfaction of the said debts of Sir Miles Sandys the elder and Sir Miles Sandys the younger, and yet hath reaped no benefit by virtue of the said deed or trust so as aforesaid made for his security, although by an act made by this present parliament, intituled, An Act for settling the Draining of the Great Level of the Fens cal- led Bedford Level, the said Samuel Sandys ought to have had a conveyance of the shares and lots mentioned in the said indenture : but in regard the said Samuel Sandys, but he hath T^ . r 1 • 11 "o* ''*^^" able Lsq. nor any m trust tor nim, could procure any con- to get any veyance, which hath proved very prejudicial to the said thcrcof""'^'^ Samuel Sandys the elder. Be it therefore enacted by tlie King's most excellent Majesty, the Lords spiritual and temporal, and the com- . ' . ' All the said iiions, in this present parliament assembled, and by the shares exceiit authority of the same, that all the said lots and shares in cTp'u'd. '^ ^ ii I 482 APPKNDIV. licrcby vested in the sons of said Saninel Sandys dis- cliarged of taxes ; subject to pay- ment of debts according to the original trust. and to future taxes. Sales for non- payment of taxes of said shares under In Car. 2. null and void. the said indenture mentioned (except only such land.s of the said half share as were really sold by Sir Miles Sandys the elder, or Sir Miles Sandys the younger, for full and valuable considerations, and such of the said two shares which have been sold for the payment of taxes or debts in pursuance of the said indenture by the said Sir Miles Sandys and the trustees, parties to the said in- denture) arc hereby vested and settled in Samuel Sandys the younger, Esq. and Edwin Sandys, Gent, sons of the said Samuel Sandys the elder, their heirs and assigns, freed and discharged from all manner of taxes whatsoever to the time of the passing this act ; and by the authority aforesaid, the freehold and inheritance of the said lots and shares aforesaid, except before excepted, shall be deemed and adjudged to be in the said Samuel Sandys the younger and Edwin Sandys, their heirs and succes- sors for ever; nevertheless the said shares and lots, here- by vested, shall be liable to the payment of the debts aforesaid, and to all powers and jurisdictions, together with the residue of the said ninety-five thousand acres, as the sainc are subject and liable by the said recited act for the future, and of all such taxes and penalties as shall be hereafter assessed or laid for the preservation of the said Great Level, in such sort and manner as the eighty- three thousand acres, parcel of the ninety-five thousand acres, shall be assessed and taxed ; any law, statute, or thing to the contrary in any wise notwithstanding. Provided also, and it is hereby further declared and enacted by the authority aforesaid, that all and every the sale or sales made, agreed or contracted for, for non- j)ayment of taxes of any of the lands of the said Sir Miles Sandys the elder or Sir Miles Sandys the younger, or the said Samuel Sandys the elder, Esq. by the governors, bailiffs, and conservators, constituted and elected by authority of an act of this present parliament, intituled. An Act for sctlling the Draining of the Great Level of the Fens cal- APPENDIX. 483 led Bedford Level, to any person or persons whatsoever by virtue or colour of the said act, is, are and shall be null and void ; and that the said lands sold by the said governors, bailiffs, and conservators, (except before ex- cepted) are and shall be vested in and settled by this present act in the said Samuel Sandys the younger, and Edwin Sandys, their heirs and assigns, freed and dis- charged of and from all taxes laid by the said governors, bailiffs, and conservators ; any thing in the said recited act to the contrary notwithstanding. And to the end the said Samuel Sandys and Edwin The Sons of Sandys may have the effect and benefit hereby intended el Sandys to be them ; and that the occupiers and possessors of the said put into posses- '^ '^ sion thereof by shares and lots, vested in them the said Samuel Sandys a precept un- and Edwin Sandys as aforesaid, may not, by their con- ration seal. tinuing in posssession and neglect of paying the taxes hereafter to be imposed on the said shares and lots, or any part of them, cause the same to he forfeited and sold for non-payment of the respective taxes that shall be- come due for the same ; Be it therefore hereby further enacted by the authority aforesaid, That in case any oc- cupier or possessor of any the said shares or lots in the said deed of trust mentioned as aforesaid, or of any part of them, pretending to claim under the said deed of trust or otherwise, that shall refuse to deliver or yield up the possession of such part of the said shares or lots to them the said Samuel Sandys and Edwin Sandys, or their as- !I signees, and shall not duly pay the taxes hereafter to be imposed on the same before our Ladyday one thousand six hundred seventy-one. That then the serjeant-at-mace for the time being, attending the said corporation, is hereby authorized and empowered by precept under the seal of the corporation of the said Great Level (who arc hereby required to grant and issue out the same) in the nature of a writ of Haberefacias possessiotiem at the com- mon law, to deliver unto, and [)ut them the said Samuel 2 I '2 484 APPENDIX. All arrears of rent since 15 Car. 2. on the said shares to be paid to the sons of Samuel Sandys. who may sue for the same. Sandys and Edwin Sandys, tlieir lieirs or assigns, in the quid and peaceable possession of such shares and lots, or any part of iheui ; and all and every such occupier or occupiers, possessor or possessors tliereof, ofl' and from the same to eject, expel and amove ; they the said Sam- uel Sandy's and Edwin Sandys, upon reasonable notice, first paying or tendering such taxes as shall become due for the same from ihe time of the passing this act, one month before the next day of sale for non-payment of such taxes hereafter to be imposed ; which said Samue Sand3's and Edwin Sandys, and their heirs, are thereupon hereby actually vested in the same. And whereas the said several shares and lots of the said ninety-five thousand acres, liereinbefore vested and settled in the said Samuel Sandys the younger, and Edwin Sandys, and their heirs as aforesaid, ought to have been conveyed unto the said Samuel Sandys the Elder, or his trustees, by the said governor, bailiffs, and conservators of the said corporation, by virtue of the said before- mentioned act, as in and by the same they were required and directed, which they refuse to do, whereby the rents, issues, and profits thereof have not been paid to nor could be received by the said Samuel Sandys the Elder, or his trustees, or by any other, by, to, or for his or their use; Be it therefore hereby further enacted by the autho- rity aforesaid. That the said Samuel Sandys, and Edwin Sandys, shall and are hereby intitled to the said rents, issues, and profits of the said shares and lots since the passing of the said recited act, which have not reallj been paid to the said corporation for taxes, or to the said Samuel Sandys the Elder, and the occupiers and possessors thereof are hereby appointed to pay the same accordingly ; and in default of payment thereof, or of any part thereof, they the said Samuel Sandys and Ed- win Sandys are hereby authorized and impowered to sue for, and by virtue of this act shall recover the same. APPENDIX. 485 "wherein no essoigii, protection, or wager of law shall be allowed, and shall likewise have their costs of suit ex- pended therein ; any thing herein to the contrary thereof in anywise notwithstanding. Provided always, and be it enacted. That after the said The Sons of Edwin and Samuel Sandys shall have recovered and re- sandYsTopay ceived satisfaction for the mean profits, or any part of arrears of ' ■' * taxes m pro- tbem : that then thev, their heirs and assigns, shall pay portion to rents so much of the said arrears of the said gradual acre-tax, imposed upon the said respective lands, proportionably to what they shall receive and no more. Provided always, and be it enacted by the authority Partsofthe aforesaid, That whereas several parcels of the said ninety- n^t conveyed live thousand acres ought to have been conveyed to to Lord Cul- . 1 • J pepper or his Thomas Lord Culpepper or his trustees, by the said go- trustees, to be vernor, bailiffs and conservators of the said corporation, ^"'andhis'trus- by virtue of the said before recited act, as in and by the t^*^* ^p recover •' . . rents m arrear. same they were required and directed, which they delayed to do, whereby the rents, issues and profits thereof have not been paid to nor could be received by the said Thomas Lord Culpepper or his trustees, that the said Thomas Lord Culpepper, and his trustees, shall and are hereby intituled to the said rents, issues and profits of the said j)arcels, since the passing of the said recited act, which have not been really paid to the corporation for taxes, or to him or them ; and the occupiers and posses- sors thereof are hereby required to pay the same accord- ingly ; and in default of payment thereof, or any part thereof, he the said Thomas Lord Culpepper, and his trustees, are hereby authorized and im powered to sue for, and by virtue of this act shall recover the same, wherein no essoign, protection, or wager of law shall be allowed, and shall likewise have their costs of suit expended therein; any thing to the contrary hereof in anywise notwithstanding. 486 ArrKNDix. THE SURVEY OF THE EIGHTY-THREE THOUSAND ACRES, Parcel of Ninety-five Thousand Acres within the Great Level of the Fens called Bedford Level, returned into the Fen Office, sorted into eleven several Degrees by Edward Partheriche, Samuel Fortrey, Richard Mar- riot, John Mingay, and Anthony Hammond, Esquires, Marke Le Pla, and John Bridgman, Gentlemen, Per- sons constituted and appointed by an act of this pre- sent Parliament, intituled, " An Act for the taxing and assessing of the Lands of the Adventurers within the Great Level of the Fens, for surveying, sorting, di- viding and rating the same." Set up in the Office the tenth of October 1668, by Order of the ninth of September last. THE FIRST LOT. N. B. — ^I'he letters S. M. and N, mean the South Level, the Middle Level, and the North Level. e o « -g s ^ B p o ^ < K Cn en H^ 1 Haddenham Common, A. - ]00 5s 2 Botsham High Fen, ^ ^ one hundred forty J ^r. Blake I 70 6 s acres, - . [Dr.Denton J 70 7s Carried up 240 APPENDIX. 487 Brought up 240 3 Sullon Meadlands, next to Mid- dle-moor - - 131 6 M 4 VVestmoor, north of Bedford river - - A. 400 3 m 5 Coveny Severals - A. 73 3 s 6 Helgay Common by Capt. Skip- with'sBank - - 318 4 s 7 ToNvnmoor, Arkenstall, Unley Severals, Eastmoor, Little Shel, and Thompson's Fen in Laking- heath, and two Sedge Fens, and Coplowe Fen in Mildenhall A. 200 2s 8 VVhelpmoor, Lowellmoor, and Spains Delph 9 Stuntney Common 10 Stuntney Farm 1 1 Stuntney Small Severals 12 Part of Thorncy 13 One several in VVoodwalton 14 Grunty Fen 15 Bezeling in Doddinglon IG Creek F'en in Doddington, next towards March 17 Stoney Fen and Block Common, A. 500 4m 18 Somersham Common, A. next Croylode - - 300 5 M 19 Great Bradney Moor, A. several in Doddington - - lG2 2 4 m 20 Severals in Doddington - 32 2 4m 21 Hale Fen Common and Sedge Fen, a several byWelney, next to Wclney - A. 200 O 2 s Carried over 38()0 O A. 478 4 s - 32 4 s - 22 4 s - 12 4 s - 100 3 N - 15 4 M A. 100 3 S - 344 3 M A. - 200 3 M 488 APPENDIX. 5 ':? t: Brought over 3B60 22 Severols of Well and Welney - 40 23 Weslmoor Nortli, D. the fourth piece from Welney - 50 24 Westmoor South, P., the sixth piece from Welney - 50 O 4000 M M 450 2 jll67 3 Quantity of each Sort in the First J 1354 4 Lot. ^ 758 5 201 6 70 7 THE SECOND LOT. 1 Haddenham Common 2 Sutton in North Fen 3 Westmore North 4 Coveney Severals B. 100 - 272 B. 400 B. 7S 5 Methwold Common and Feltwell North Fen - A. 400 6 Townmoor in Lakeingheath, &c. B. 200 7 Welpemoor, &c. - B. 46l s M M s Carried up 1906 APPENDIX. J3 <0i >' =• ^ Brought up 1906 O 8 Ladus Fen, next unto Creek Fen 115 4 m 9 Botsham, Qui, and Ditton Inter- commonj A., next Botsham Lode - - - 100 1 s 10 Langwood Fen in Chartresse A. SOO 4m 11 Creek Fen in Doddington B. 260 S m' 12 Stoney and Blofen Common B. 400 4m 13 Somersham Common - B. SOO 4m 14 Severals in March - - G8 O O 4 m 15 Upwood Fen, lying next towards Ramsey - - 451 O 2 m iG Westmoor, M. the twelfth piece from Welney - - 50 3 m 17 Westmoor South, A., the twenti- eth Piece from Welney - 50 2 s 4000 489 Quantity of each Sort in the Se- cond Lot. ■700 1 501 2 783 3 1644 4 372 5 THE THIRD LOT. 1 Isleham Common - - 125 2s Nearest the River - - 125 .J s 'J. Middkdilch Fen in Wivelingham 77 I Oil s Carried over 327 1 490 APPENDIX. < a; 0, 173 Brought over 327 1 3 Great She! ford in Wivclinghaiii 1'2 3 11 4 Sulton, tlie remainder ot" North Fen, and the Middle next to- wards Charlresse Fens, and six acres twenty-six perches in West Fen adjoining 5 Westmoor North 6 Westmoor South 7 Ramsey Severals 8 Methwold Common, Sec. 9 Townmoor, &c. 10 Brandon Commons 11 North Clouds, A., Common of Lakeinghealh 12 Severals of Lakingheath 13 Ladus Fen 14 Grunty Fen 15 Langwood Fen 16 Whitemoor in Doddington, A., the Parcel of three hundred acres diked out - - 300 4m 17 Stoney and Blockfen Common, C. 400 4m IB Eusimoor, Well, Pingle and Far- mer's Fen - A. 500 3 m 19 Conington Severals, A., in the Greater Fen - - 200 4 m 20 Well and Welney Severals - 79 5 m 21 Westmoor North, N., the thir- teenth piece from Welney - 50 3 m 22 Westmoor South, S., the third piece from Welney - - 50 2 s 4000 - 32 4 M c. 200 3 M A. 200 2 S A. 73 5 M - B. 400 1 S - C. 200 1 S - 350 3 S a of A. 58 2 4 s A. 52 2 3 s B. 115 4 M B. 100 3 s B. 300 4 M APPENDIX. 491 GOO 1 373 2 Quantity of each Sort in the Third )l277 2 3 Lot. 1505 2 4 152 5 i^ 90 11 THE FOURTH LOT. 1 Haddenham Common C. 100 5 s 2 Barvvay Middle and Fordey in Soham - - - 231 7 3 Honey Fen in Chartresse - 40 5 4 Westmoor South - B. 400 2 5 Ramsey Severals - B. 74 6 Methwold Common, &c. C. 400 7 Townmoor, &,c. - D. 200 8 Whelpmoor, &c. - C. 46l 9 Sir Miles Sandys' imbanked Ground - B. 115 3 s 10 Grunty Fen - C. 126 3 s 1 1 Wendy Fen in Chartres - 300 4 m 12 Whitemoor in Doddington, B. next to the three hundred acres diked out 13 Eusimoor, 8cc. 14 Somersham 15 Feltwell Severals IG Caldecott Severals 17 Mr. TyrrelPs Ground by Priest Houses, twenty-lour acres and three acres - - 27 - 400 4 M c. 548 3 M c. 300 4 M D. 80 o S - 56 2 M Carried over 3858 492 APPENDIX. O o o < Pi Ph Brought over 3858 - 42 18 Severals of Doddinglon 19 Weslmoor North, E., the fifth Piece from VVehiey 20 Westmoor South, K. the eleventh Piece iiom Welney 50 - 50 4000 M M Quantity of each Sort in the Fourth Lot. ( '600 1 580 2 866 3 1503 4 214 5 231 7 THE FIFTH LOT. 14 5 200 1 Haddenham Common - D. 78 2 Streatham Common - - 172 2 3 Sutton, South of Bedford River, next to the Fens of Hadden- ham and Wentworth - 120 2 4 Westmoor South - C. 400 5 Berry Mow Fen - - 45 6 Ramsey Severals - D. 7 Wicham Common, ten acres, and severals, A., four acres, in all - 8 Chartresse Severals 9 Dereham Commons 8 O 10 Lakeingheath, Townmoor,&c. E. 200 3 s s M M S M S S Carried up 1243 APPENDIX. 493 Brought up 1 1 1 Whelpmoor, Sec, - D. 12 Knight's Fen in Hockwold and Redmore Grounds 13 Throckenholt by Clowescross, A. next Clowescross 14 Grunty Fen - D. 15 Northwold Common, A., next to Sloake Bridge 16 Westfen and VVestfen Close 17 Whitemoor, C, next unto Wis- bich Fen 18 Somersham Common - D. 19 Middleraoor in Ramsey A. 20 Conington Severals - B. 21 Severals of Well and VVelney 22 Westmoor North, G., the seventh Piece from VVelney 23 Westmoor South, R., the fourth Piece from Welney 243 661 5 s 111 2 s 5 6 N 100 4 S 200 3 s 483 3 M 300 5 M SOO 4 M 400 4 M 81 M 16 5 M 50 3 M - 30 2 4000 Quantity of each Sort in the Fifth Lot. ( 561 2 1214 3 800 4 1412 5 5 6 8 7 404 APPENDIX. THE SIXTH LOT. 1 Isleham Common - B. Nearest the River 2 Claltocks or Lntigridge in Wivc- litigham 3 Babishume in Wivclingham 4 Upware Farm in Wicken 5 Lamas Grounds in Wicken, near Upware Farm 6 Sutton Meadlands, next unto the grounds mentioned in the first Lot 7 VVestmoor South 8 Mepall Severals 9 Methvvold, Sec. 10 Townmoor, &c. 1 1 Whelpmoor, &c. 12 Ladus Fen 13 Wereham, Wretton, and Stoake Common, next towards Stoake 336 14 Curffe and Gore in Chartresse, next Chartresse - A. 200 15 Dikeamoor next Westwater - 156 16 Horsemoorin Doddinglon, A., ex- changed for the like quantity in Bezeling Fen by the Com- missioners, Jying next Rough Westmoor in Chartresse - 200 17 Eusimoor, &c. - - B. 500 18 Hale Fen and Sedge Fen by Welney - B. 200 < CcJ Ph c« hJ 125 2 s 125 3 s 53 11 s 13 o 11 s 5 11 s - 23 1 - 25 6 M D. 400 2 S A. 73 4 M D. 400 1 S F. 200 2 S E. 461 2 s C. 115 4 M 2s 4 M 3 M 3m 3 M O O 2 s Carried up 3611 APPENDIX. 495 Cd ft, c« hJ Brought up 3611 O J9 Seveials of Well and Welney, B. 289 5 20 Westmoor North, C, the third Piece from Welney - 50 3 21 AA'estmoor South, H., the thir- teenth Piece from Welney - 50 2 4000 "400 1 1772 2 1031 3 Quantity of each Sort in the Sixth 388 4 Lot. \ 3,2 1 5 25 l^' 3 11 • M M THE SEVENTH LOT. 1 Isleham Common - C. 115 2 s Nearest the lliver - - 115 3 s 2 Wilberton Commons and Sevcrals 124 9 s - U) 8 s I^. 400 2 s B. 75 4 M L:. 400 1 s s 3 Rampton Commons 4 Westmoor South 5 Mepall Severals 6 Methwold, &c. 7 Townmoor, &.c. G. 200 O 2 Curried over 1445 49G APPENDIX. < « ^ c« J Brought over 1445 8 Feltwell South Fen and Mow Fen - - i\. 161 2 s 9 Mildenhall, Burnt Fen, Ely Shell and Shippey, A., 300 acres - 150 .'J s Next Shippey - - 150 4s 10 Sir Miles Sandys' im banked Ground, C, next Crouchmoor 115 O 3 s 1 1 Sir Henry Willoughby's Severals in Southery, west of the river Ouse - - - 76 4 s 12 Cuffe and Gore in Chartresse, B. next Doddington - 200 4 m 13 Dikeanioor in Doddington A. 200 3m 14 Horsernoor, B., two hundred acres, whereof exchanged eigh- ty-two acres for eighty-two acres in Bezeling, by the Com- missioners - - 200 3m 15 Hale Fen and Sedge Fen by Wel- ney, C, next unto the remain- ing part of Sedge Fen - 195 O O 2 s 16 Eusimoor, &c. - D. 500 O 3 m 17 Middlemoor in Ramsey B. 400 3m 18 Sir Oliver Cromwell's Severals in Ramsey - A. 108 O O 4 m 19 Westmoor North, K., the tenth Piece from Welney - 50 O 3 m 20 Westmoor South, O., the seventh Piece from Welney - 50 2 s 4000 APPENDIX. 497 Quantity of each Sort in the Seventh Lot. ( u < o o On '400 1 1121 2 1730 3 609 -1 16 8 124 9 ^ THE EIGHTH LOT. 1 SwafFham High Fen A. 2 Haddenham Severals, 138 acres, Mr. For trey Mr. Read S Sutton, south of Bedford River - 4 Byall Fen - - A. 5 Mepall Commons 6 Severals of Mepall - C. 7 Helgay and Southrey Common A. 8 Lakeingheath, &c. - H. 9 Mildenhall, &c. B. three hun dred acres Nearest the river 10 Feltwell South Fen and Mow Fen - - B. 1 1 Knight's Fen and Redmoor Grounds - - B. 12 Bolsham, Horningsey, &c. B. IS Northwold Common, by Stoake, north of VVissey •} 200 3 s ' 99 3 32 8 s 38 8 11 s 32 5 s 400 4 M 53 4 M 22 4 S 300 3 s 200 1 s 150 2 s 150 3 s . 261 2 s . 115 2 s 100 1 s 29 7 s Carried over 2150 2 K 49& APPENDIX. w ^ tj tj — r 11 2 4 M 50 3 M 50 2 s Quantity of each Sort in the Six- ^ teenth Lot. 4000 '719 1 760 1000 3 1336 2 4 135 5 49 6 512 APPENDIX. THE SEVENTEENTH LOT. 1 Waterbeach, &c. - C. 201 3 4 s 2 By all Fen South, next towards Mepall - - - 100 2 s 3 Fidvvell Fen in Streatham - 60 4 s 4 Little Sheford in Wivelingliani - 7 1 1 1 s 5 By Erith Sluice - - 2 11 s 6 Wisbich Common - A. 473 4 n 7 Great Metlam, &c. - B. 500 2s 8 Feltwell South Fen and Mow Fen - - D. 269 2 s 9 Hockwold and Wilton Com- mon - - C. 293 1 3 10 Ladus Fen - - F. 105 4 m 11 Mr. Pratt's Severals in Hockwold 10 2 s 12 Shevens, next towards Welney - 100 4m 13 White Fen, next towards the Hard Lands - - 211 1 s 14 Witch Fen and Stowe Fen in March - - - 200 15 Dikeamoor - B. 200 16 Stoney Fen Severals D. 300 17 Warboys, &c. - H. 500 18 Mr. Pay ton's Severals by Hobb's Dike in March - - 133 20 4 m 19 Peter Williams's adjoining Seve- rals - - - 34 2 10 4 M 20 White Fen, A., Several by Ben- wick - - - 119 1 3 M 2 M 3 M 3 M 3 M Carried over 3818 7 30 APPENDIX. 513 Brought over 3818 7 30 '21 Browne's Fen by Benwick, a Se- veral of Dr. Sam's £2 Severals of Well and Welney 23 VVestmoor North, V., Twentieth Piece from Welney 24 Westmoor South, B., the Nine- teenth Piece from Welney 50 20 30 3 SO 50 4000 M M 50 2 s Quantity of each Sort in the Seven teenth Lot. 504 1 1129 2 1169 1 3 1157 2 10 4 30 3 30 5 9 1 11 THE EIGHTEENTH LOT. 1 NeatDioor C. 250 4 2 Wicken High Fen - SO 5 s 3 Langmoor and Boatsgangs in Strcatham - - 17 2 6 s 4 Sutton West Fen - E. 73 2 5 m 5 Wisbich Common - C 473 4 n f) Soham Commons in Great Met- 1am - - - oGg 2 s 7 Two Severals of Soham - 9 Cj s Carried over 1422 O 2 L S14 APPENDIX. Brought over 1422 8 Hockwold and Wilton Com- mon - - D. 182 2 s 9 Mildenhall, Sec, H., 300 acres - 150 2 s Nearest the River - - 150 3s 10 Mr. Gibbon's Grounds, call War- ner's - - B. 75 3 s 11 Throckenholt - B. 40 6 n 12 Ashwell Moor by Coveney, the South-west part - - 271 3 s 13 Rough Westinoor in Chart- resse - - A. 300 4 m 14 Horsemoor - - C. 200 3 m 15 Warboys, &c. - 1. 500 S m 16 Middlemoor - D. 300 3 M 17 Great Bynnamoor and Gray's Fen, next towards the River of Nene - _ - 18 Marmound, a Several in Up well - 19 The Several Grounds in Well, by News Cote 20 Severals of Doddington 21 Westmoor North, P., Fifteenth Piece from Welney 22 Westmore South, F., Fifteenth Piece from Welney 00 n M 27 1 6 M 17 3 5 M 65 4 M 50 3 M 50 2 S 4000 O 1151 2 , _ , JI546 3 Quantity of each Sort in the Kigh-/ ^^^ 4 teenthLot. \ ^^^^ ^ ^ ^ 93 3 G APPENDIX. 515 7 s 9 s 6 M 4 N 2 S 3 S 2 s THE NINETEENTH LOT. < aj iS 1 Walerbeach Fen by Garden Tree 1 12 2 Cottenhaui Common - - 240 3 Sutton in the Meadlands, next towards West Fen - 18 4 Wisbich Common - D. 473 5 Mildenhall, &c., K., 300 acres - 150 Nearest the River - - 150 6 Whelpmoor,&c. - H. 760 7 Mr. Tower's Crouchmoor in Lit- tleport - - -70 00SS 8 Part of Mr. Hawkin's Crouch- moor - - -lOOOSs 9 Trocken Holt - C. 35 6 n 10 Ashwell Moor, next to Downham West Fen - - 152 3 s 1 1 Rough Westmoor in Chartresse, B. next to Beezing's Fen 12 Dikeamoor 13 Warboys, &c. 14 Middlemoor in Ramsey 15 Feltwell Severals 16 Westmoor North, I., Ninth Piece from Wei ncy - - 50 3 m 17 Westmoor South, Q., Fifth Piece from Welney - - 50 2 s 4000 O 2 L 2 - 296 4 M c. 200 3 M K. 550 3 M E. 375 4 M C. 309 1 S 516 APPENDIX. Qu.intif}' of each Sort in the Nine-\ teenth Lot. < 1 rem 1 960 2 1182 3 1144 4 53 6 112 7 ^ 240 9 THE TWENTIETH LOT. 1 Thorney Knare Fen - - 3900 3 n 2 Westmoor, north of Bedford River, B., the Second Piece fromWelney - - 50 3 m S Westmoor South, L., Tenth Piece fromWelney - - 50 2 s 4000 Quantity of each Sort in ther 50 2 Twentieth Lot. \ 3950 3 APPENDIX. 517 THE THREE THOUSAND ACRES OVERPLUS. 26 Woodwalton Common - - 937 2 m 27 Higney Grounds - - 100 S m 28 Part of Holme Fen - - 968 6m 29 Part of By all Fen, next to Maney _ - - lOOO 4m 3000 r 937 2 .1 Quantity of each Sort in the Over-/ ^00 3 plus. ilOOO 4 963 6 In pursuance of an Act of this present Parliament, intituled, " An act for the Taxing and Assessing of the Lands of the Adventurers within the Great Level of the Fens," we whose names are here subscribed, thereby constituted and ap[)ointed (with others) surveyors and valuers of eighty-tliree thousand acres, parcel of ninety- five thousand ajcres witiiin the said Level, having first taken the oath prescribed by the said act for the faithful discharge of the trust reposed in us, for the surveying, sorting, dividing and rating the said eighty-three thou- sand acres, do make our return of this survey made by us, 518 APPENDIX. consisting of eleven several degrees and sorts, into the Fen Office, to be taxed and rated accordingly ; viz. that the first sort being taxed at four pence per acre, the se- cond sort be taxed at eight pence per acre, and so every degree to be gradually rated and taxed ; whereby the eleventh degree at the said proportion will be three shil- lings eight pence upon such tax proposed as aforesaid, and so proportionably for any greater or lesser sum that shall be laid and imposed. And to each schedule (being in number eleven together annexed) have subscribed our names this fifteenth day of August in the twentieth year of the reign of our Sovereign Lord Charles the Second, by the grace of God, of England, Scotland, France and Ireland King, Defender of the Faith, &c. Annoque Domini, 1668. Edward Partheriche. Samuel Fortrey. Richard Marryott. John Mingay. Anthony Hammond. Marke Le Pla. John Bridgman. APPENDIX. 519 No. XXII. INCLOSURE PREVENTION ACT. ,s84. Anno Regni JACOBI II. Regis. An Act for repealing a Clause for dividing of Commons in an Act of Parliament made in the Fifteenth Year of King Charles the Second, intituled, An Act for settling the Draining of the Great Level of the Fens called Bedford Level. Whereas in and by an act of parliament made in the Recital of 15 fifteentii year of the reign of liis late Majesty King ^'"■•2' Charles the Second, of ever blessed memory, intituled An Act for settling the Draining of the Great Level of the Fens called Bedford Level, there is a proviso, and it was clause there- enacted, that it should and might be lawful for any per- Jordsof ma- son or persons bodies politick or corporate, their heirs "'^'"s power ' ' ' to inclose and and successors, that were or should be lords of manors, divide com- or have right of common in the commons and wastes in the said Level, or within any town, parish or place into which the works of draining or any of them did extend, to improve, set out and inclose, divide and sever, such proporliori or pro[)ortiotis as to them should or might se- verally and respectively belong, or be adjudged and allot- ted unto them in severalty by certain commissioners appointed in the said act, and as they should adjudge and determine, as by the said clause in the said act more fully a[)pcars. And whereas since the passing of the said act several In pnr.suancc lords of manors, and others who had right of common in lonishave ^ the said eoiiitnotis and wastes, did divide and lake their |''*"'«^''' ""il said shares or |)r()porlions thereof. 520 APPENDIX. Taking and cutting com- mons into ^nlall pieces found to be very prejudi- cial ; occasions de- crease of stock and houses. Said clause re- pealed. Inclosures al- ready made and certified to be enjoyed by the owners. Agreements for stint of cat- tle confirmed by decrees of Chancery. And whereas such taking and cutting of the said com- mons and wastes into small pieces is since found to be very prejudicial to the owners and country, being a great waste of ground in division, which are hard to be kept as fences between parly and party, the roadways and passages through such commons as set for.h being very low, and generally in bad ground, not passable or well to be amended, whereby such divisions are of little value. And whereas it occasions great diminution of stock and deca}^ of houses, many persons selling their shares of common from the house it belongs unto, to a greater impoverishment and increase of the poor; to prevent any further inconveniences thereby, be it enacted by the King's most excellent Majesty, by and with the advice and assent of the Lords Spiritual and Temporal, and Commons in this Parliament assembled, and by the authority of the same. That the said clause in the said act for such dividing and inclosing, shall be and is hereby repealed and made void, to all intents and pur- poses; and that no more divisions or inclosures shall be hereafter made of the said wastes and commons therein mentioned pursuant to the said act; any thing therein contained to the contrary notwithstanding. Provided always, and it is further enacted, That all inclosures already made, and certified into the Petty-bag Oflice pursuant to the said act, shall be held and en- joyed by the owners thereof, as fully to all intents and purposes as if this act had not been made. And whereas several persons and townships finding the inconveniencies of dividing and cutting aforesaid, did come unlo agreements and bound themselves not to divide, but to feed and order the said commons and wastes by way of an equal stint of cattle in a like pro- portion, to their great advantage and improvement; and those agreements have been confirmed by the decrees of his Majesty's High Court of Chancery. APPENDrX. 521 Be it therefore enacted. That all such agreements so Hereby ratified made and confirmed by the decrees as aforesaid, shall be and are hereby ratified and binding to all such person or persons who were parties consenting to the same, and all claiming by, from or under them, or an}' of them, and according as in the said decrees are expressed and con- tained. And whereas divers persons have had decrees and ad- Decrees and ,. . , . , 1 11 • u- 1.1 -1 adjudications judications for inclosures and allotments v/itnin the saia for inclosures. Level already made, by commissioners in the said act ^^^jg^'^and'uot appointed pursuant to the same act, have neglected to returned into , 1-1 the Petty-bag get the said decrees and adjudications to be signed, office, if re- sealed and certified in the Petty-bag Office, as by the jjj'j^e *24 ^ 1686 said act is directed; it is now further provided and to be good; enacted, That so many of the said decrees and adjudica- tions already made and imperfect as aforesaid, which shall be made perfect by being signed and sealed by the said commissioners, and certified into the Petty-bag Office in such manner as by the said act is appointed, before the four and twentieth day of June, which shall be in the year of our Lord one thousand six hundred eighty-six, shall be good and valid in law to all intents and purposes as if the same had been so perfected at the time of making this act, and all inclosures and allot- ments by virtue thereof shall be enjoyed by the respec- tive persons interested as if this act had never been made. And all such of the said decrees, which shall not otherwise to be be perfected by the said time in manner and form afore- "" ^ '"^"^ ^'oiJ^ said, shall be utterly void and null to all intents and pur- poses whatsoever, and all inclosures by virtue thereof lihall be thrown open as if such decrees or adjudications had never been made ; any tiling in this act, or in any law, statute or usage, contained to the contrary notwith- standing. i22 APPENDIX. No. XXIII. 1750. FIRST STYLE ACT. 24 GEO. II. c. 23. jin Act for the regulating the Commencemeiit of the Year ; and for correcting the Calendar now In Use. And be it further enacted by the authority aforesaid, That the several meetings of the Court of Session, and terms fixed for the Court of Exchequer in Scotland, the April meeting of the governor, bailiffs, and commonalty of the company of conservators of the Great Level of the Fens, and the holding and keeping of all markets, fairs and marts, whether for the sale of goods or cattle, or for the hiring of servants, or for any other purpose, which are either fix'd to certain nominal days of the month, or depending upon the beginning, or any certain day of any month, and all courts incident or belonging to, or usually holden or kept with any such fairs or marts, fixed to such certain times as aforesaid, shall not from and after the said second day of September, be continued upon, or according to the nominal days of the month, or the time of the beginning of any month, to be computed according to the said new calendar ; but that from and after the said second day of September, The said Courts of Session and Exchequer, the said April meeting, and all such markets, fairs and marts as aforesaid, and all courts incident or belonging thereto, shall be holden and kept upon, or according to the same natural days, upon or APPENDIX. according to which the same should have been so kept or holden in case this act had not been made ; that is to say, eleven days later than the same would have hap- pened, according to the nominal days of the said new supputation of time, by which the commencement of each month, and the nominal days thereof, are antici- pated or brought forward, by the space of eleven days ; any thing in this act contained to the contrary thereof in any wise notwithstanding. 523 Rule for finding the Day on which the Annual April Meeting of the Corporation at Ely is to be held. By the 20th of Charles 2. the first day of the April meeting is fixed on the Wednesday after the first Sunday in April; by 2 Geo. 2. C. 23. the April meeting is to be holden eleven days later than the same would have hap- pened according to the nominal days of the new suppu- tation. Therefore take the first eleven days out of April, look for the first Sunday after the eleventh day, and the Wednesday after that Sunday will be the first day of the April meeting. As for example, for the year 1762, the first Sunday after the eleventh falls on the 18th of April, the Wednesday after that Sunday is the 21st, which will be the first day of the April Meeting for that year. 524 APPBNDIX. No. XXIV. 1751. SECOND STYLE ACT. 25 GEO II. c. 30. Extract from An Act to amend an Act made in the last Session of Parliament, intituled, Jn Act for regulating the Commencement of the Year, and for correcting the Calendar now in the Use. 24Geo.2.c.23. VVhereas by an act of parliament made in the twenty fourth year of the reign of his present Majesty, intituled, " An Act for regulating the Commencement of the year, and for correcting the Calendar now in Use/' it is among other things enacted, That the natural day next imme- diately following the second day of September, which shall be in the year of our Lord one thousand seven hundred and fifty-two, shall be reckoned and accounted to be the fourteenth day of September, omitting for that time onl}'^, the eleven intermediate nominal days of the common calendar, and that the days immediately suc- ceeding shall be called, reckoned and numbered forwards in numerical order, from the said fourteenth day of Sep- temljer, and that all meetings and assemblies of any bodies politick or corporate, either for the election of any officers or members thereof, or for any such officers entering upon the execution of their respective offices, or for any other purpose which by law, charter, custom or usage, are to be holden on any fixed or certain day of any month, shall, from and after the said second day of APPENDIX. 525 September, be Iiolden and kept upon or according to the same respective nominal days and times whereon the same are then to be holden ; but which should be com- puted accordino- to the new method of numbering and reckoning the days of the Calendar, as therein mentioned, as by the said act may more fully appear : and whereas by the charters, customs or usage of some cities, bo- roughs, towns or other communities, or bodies politick or corporate, the election of officers, or the entrance of officers on the execution of their offices, or the doing of some other corporate acts, may be fixed or required to be on some certain nominal day or days of the said month of September, falling between the second and fourteenth daj^s of the same month, which said nominal daj's are by the said act required to be dropt or omitted for this present year, so that there will not in fact be any nominal dajs between the said second and fourteenth days of the said month of September for this present year, whereon such corporate acts can be done ; and doubts have arisen, whether such corporate acts may be done at all, without a special provision for that pur- pose by authority of parliament; and inconveniencies may possibly ensue for want thereof; be it therefore enacted by the King's most excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal and Commons in this present parliament as- sembled, and by the authority of the same, That it shall The election of and maybe lawful to and for all such bodies politick ;;f5oncnpo.r and corporate as aforesaid, and all and every the officers the same natn- and members thereof, and they and every of them are year only, as hereby required to do all such acts, as by any law, charter or usage are appointed or required to be done on any of the nominal days of or in the said month of September, which by the said recited act arc directed to be dropt or omilled for this present year, upon the sanu; natural day or days of this year only, as such acts would, 526 APPKNDIX. might or ought to be done, in case the said recited act had not been made ; and that all acts so done in pur- suance hereof shall be deemed, and are hereby declared and enacted to be as good and effectual to all intents and purposes, as if the same were done on any of the nominal days so dropt or omitted as aforesaid; any law, statute, charter, custom or usage to the contrary in any wise notvvithstandinc:. No. XXV. i»3. FIRST NORTH LEVEL ACT. Anno vicesimo seplimo GEORGli II. Regis. An Act for discharging the Corporation of the Governor^ Jjailiffs and Commonaltij of the Company of Conservators of the Great Level of the Fens, commonly called Bedford Level, from a Debt due to the Duke of Bedford and Earl of Lincoln; and for enabling the Proprietors of Lands in the ^orth Level, Part of the said Great Level, to raise Money to discharge the Proportion of the said North Level in the Debts of the said Corporation ; and for ascertaining and appropriating the Taxes to be laid on the said North Level ; and for the more ejjectual draitiing and preserving the said North Level, and divers Lands adjoining thereto in the Manor of Crozclund. Preamble, re- Whereas by an act of parliament made and passed actTo'^Carrgr ^^ the fifteenth year of the reign of his late Majesty King APPENDIX. 527 Charles the Second, intituled, '* An Act for settling the draining of the Great Level of the Fens called Bedford Level," reciting. That Francis Earl of Bedford, according and Law oC 1 p o ^ 1 rz • » T • 1 • 1 Sewers io to a law or bewers made at King s Lynn in the sixth year 6 Car. l. of the reign of his late Majesty King Charles the First, had undertaken the draining of the said Great Level therein mentioned to be situate vv'ithin the counties of Northampton, Norfolk, Suffolk, Lincoln, Cambridge and Huntingdon, and the Isle of Ely, and therein particularly bounded and described : and that he was to have for his recom pence ninety-five thousand acres of the ground within the said Level, with convenient highways and passages to the same, and the new river, cuts and drains to be made by the said IJ^arl and his assigns, and the banks of the same, and the forelands in the inside of the said banks not to exceed sixty foot in breadth ; and that William Earl of Bedford, son and heir of the said Earl Francis, with divers of his adventurers and participants, had proceeded in the compleating and finishing the said works ; but that the same could not be preserved without constant care, great charge and orderly government ; it was therefore (amongst other things) enacted. That the said William Earl of Bedford, and the adventurers and participants of the said Earl Francis and Earl William,, or either of them, their heirs and assigns, in such manner as therein after is contained^ should be a body politick and corporate in deed and name, and have succession for ever, by the name of the Governor, Bailiffs and Com- monalty of the Company of Conservators of the Great Level of the Fens, with power to lay and levy taxes upon the said ninety-five thousand acres only, for support, maintenance and preservation of the said Great Level, and do all other things in order to the support, mainten- ance and preservation of the said Great Level and works made, and to be made, in such manner as therein is mentioned ; and taking notice, that by the said Law of 528 APPENDIX. Sewers twelve thousand acres, parcel of the said ninety five thousand acres, were designed and intended to his said late Majesty King Charles the First, and had been set forth and allotted l)y bounds in severally ; and that his said late Majesty had granted two thousand acres, part thereof, to Jerome Enrl of Portland, his heirs and assigns ; and that the said Earl had sold about one thousand five hundred acres, part of the said two thou- sand acres, to several persons, and had conveyed the remaining five hundred acres to Benjamin Weston, Esq.; on several trusts ; it was thereby further enacted, That the said two thousand acres, or such other lands of equal value as should be set forth in exchange of the same, should be and were thereby vested, settled and established in the said several persons, their heirs and assigns respec- tivel}', to whom the said Earl of Portland had conveyed the same, to be held of the King's Majesty, his heirs and successors, of the manor of East Greenwich, by fealty only, in free and common soccage, subject nevertheless with the residue of the said ninety-five thousand acres, in equal proportion to all taxes and charges necessary and conducing to the preservation of the said Great Level from drowning ; and it was thereby further enacted, That the eighty- three thousand acres, remainder of the said ninety-five thousand acres, with the said ways, pas- sages, new rivers, cuts, drains, banks and forelands, over and above the said ten thousand acres, residue of the said twelve thousand acres which were allotted iu severalty, and of which his said late Majesty was in possession, were thereby vested and settled in the said governor, bailiffs and commonalty, and their successors, in trust for the said William Earl of Bedford, and the adventurers and participants of the said Earl Francis and Earl Wil- liam, or either of them, their heirs and assigns, in such manner as is therein after limited and provided, and ac- cording to such parts and proportions as they respectively APPENDIX. 529 then held and enjoyed, or by virtue of the said act ought lo hold and enjoy, subject and liable likewise to the pay- ment of all taxes and charges as aforesaid, to be held of the King's Majesty, his heirs and successors, of the manor of East Greenwich, by fealty, in free and common soccage; and the said ten thousand acres were thereby vested in his then present Majestj-, and his assigns, subject and liable with the residue of the said ninety-five thousand acres, to the same taxes and charges before specified ; and it is thereby further enacted, That the said governor, bailiffs and conservators of the said corpo- ration for the time being, or any five or more of them^ whereof the said governor or bailiffs, or their successors, or any of them, to be two; for maintenance and preser- ^ valion of the said Great Level, by convenient out-falls to the sea, should for ever thereafter be and were thereby made and constituted Commissioners of Sewers for and of the said Great Level of the Fens ; and the said gover- nor, bailiffs and conservators, or any five or more of them, whereof the said governor or bailiffs, and their successors, or any of them, to be two, are thereby enabled and em- powered from thenceforth, to use and exercise the power and authority of Commissioners of Sewers within the said Great Level of the Fens, and of the works made and to be made without the said Great Level, for conveying the waters of the said Great Level by convenient outfalls to the sea, in such manner and with such other powers, jurisdictions and authorities as are therein mentioned and contained: and whereas by another act of parliament and 20 Car. 2. made and passed in the twentieth year of his said late Majesty King Charles the Second, intituled " An Act for the taxing and assessing of the Lands of the Adven- turers within the Great Level of the Fens," after reciting in put liie last recited act, and that the way therein mcniioiied of raising draining taxes upon the said ninety- five thousand acres by an equal acre-rate had been found 2 M 530 APPENDIX. inconvenient, it was enacted, That all taxes thereafter lo be set and imposed for the maintenance and preservation of the said Great Level, should be from lime to time assessed and taxed by the said governor, bailiffs and conservators, or their successors, or any five or more of them, whereof the said governor and bailiffs for the time being, or any of them, to be two, upon the said eighty- three thousand acres, part and parcel of the said ninety- five thousand acres, by a gradual acre-lax of different sorts and values of lands, to be received, paid and levied by such ways and means as in the said recited act are provided ; and that the said eighty-three thousand acres, for raising taxes for support and maintenance of the Great Level, should not be rated or assessed otherwise or in any other manner than according to a gradual acre- tax of different sorts and degrees, and according to the respective values and rates thereby set and rated, and to be set and rated, as is therein after appointed : and it was thereby further enacted. That when and so often as the sum of six thousand one hundred and ten pounds seven shillings and one penny half-penny should be taxed and assessed upon the said ninety-five thousand acres, that then the said twelve thousand acres should be rated and assessed at fifteen pence the acre, and according to that proportion for the raising of any greater or lesser sum than six thousand one hundred and ten pounds seven shillings and one penny half-penny, lo be received, paid and levied, together with penalties, in such and the like manner as the taxes set and imposed, or to be set and imposed, upon the said eighty-three thousand acres, are thereby provided for to be received, paid and levied : and to the end that the said eighty-three thousand acres might be more equally rated by a gradual acre-tax, not under the number of seven sorts, it was thereby further enacted, That certain persons in the same act named, or any three or more of them, vvere thereby constituted and ! APPENDIX. 531 appointed to be surveyors and valuers of the said eighty- three thousand acres, and were, within the time therein limited, to digest the said eighty-three thousand acres into such number of sorts or degrees of land, not under the number of seven sorts and degrees, and to rate and tax such de2;rees, and di2:est the same into schedules in writing, and make returns thereof, upon their oaths, into the Fen Office, in such manner as in and by the said act is mentioned and directed : and whereas the several per- sons, by the said last recited act apj)ointed to be surveyors or valuers, valued and set out the said eighty-three thousand acres, according to the directions thereby given, into eleven different sorts or degrees of land, to be rated and taxed in manner following; that is to say, for a single tax, four pence per acre on the first sort of land ; eight pence per acre on the second sort; and so increasing four pence upon every sort, the eleventh sort to be taxed at three shillings and eight pence ; and all greater or less sums which the said corporation should have occasion to raise, were to be rated and assessed in the like propor- tions ; which valuations of the said surveyors were re- turned by them into the Fen Office, as by the said last mentioned act was directed ; and the said eighty-three thousand acres have alwaj'S since been taxed according to the degrees and proportions thereby set out and allotted, calling a tax of four pence on the first sort of land, and increasing on the ten other sorts in manner aforesaid, a single tax ; five pence a tax and quarter ; six pence a tax and half; seven pence a tax and three quarters; nnd eight pence a double tax: and whereas at a court of the Court of corpo- said corporation, held the tenth day of March one thou- March 1697. sand six hundred and ninety-seven, the said corporation declared that the said Great Level should be distinguished by the several names of the North Level, Middle Level and South Level ; and that nil that part of the said ninety-five thousand acres, which lay between the nortli 2 M 2 332 APFENDIX. side of Morton's Leam and the south side of the VVellandl River, should be accounted that part of tlie ninety-five thousand acres lyinc; within the North Level ; and whereas the said corporation, in order to support and preserve the several works for draining the said Great Level, were obliged lo borrow several sums of money on Debt of corpo- bonds Under their common seal, and by that means, at dayT728. '^ ^' L^^dy-day one thousand seven hundred and twenty-( ight, had contracted debts, amounting in the whole to the principal sum of seventeen thousand one hundred and fift}' pounds; and some new works being necessary for better draining the said North Level, part of the said Great Level, by indenture bearing date the tw^enty-ninth day of May one thousand seven hundred and twenty- eight, and made or mentioned to be made between the gtvernor, bailiffs and commonalty of the company of conservators of the said Great Level of the Fens of the one part, and the most Noble William Duke of Devon- shire, guardian of the most Noble Wriothesley then Duke of Bedford, a minor, and the Right Honourable Henry then Earl of Lincoln of the other part; after reciting the said act of the fifteenth year of his late Majesty King Charles the Second, and that the said Great Level of the Fens was then distinguished by the several names of the North Level, the Middle Level and the South Level ; and that such part of the said Great Level, as was dis-| tinguished by the name of the North Level, did contairii about forty thousand acres of land, of which there were about eleven thousand six hundred acres of land subject to the said taxes, and that the said Duke of Bedford and' Earl of Lincoln were owners and proprietors of great part! thereof; and further reciting, that the said Duke of De-I vonshire as guardian of the said Duke of Bedford, and the said Earl of Lincoln, for the })reservation of the respective estates of the said Duke of Bedford and Earl of Lincola in the said North Level, did in the then las-t APPENJIIX. summer actually lay out and expend the sum of three thousand four hundred pounds the monies of the said Duke of Bedford and Earl of Lincoln in proportion to their said respective estates, in regaining and keeping open the outfall for the waters of the said North Level to sea, and in doing several other necessary and material works, which had tended greatly towards the draining and preservation of all the estates in the said North Level ; but by reason of the many and frequent floods which had of late years happened, and the insufficiency of the banks and works of the said North Level to resist ; the same, and particularly by reason of the weakness and 1 lowness of the bank on the north side of Moreton's Learn i Wash next the said North Level, the greatest part of I the lands within the said Level had then lately been and 'were subject to be drowned, so that little or no profit could be made thereof, nor could the said North Level be eftectually drained or secured for the future, unless the said north bank was to be enlarged and strengthened; and therefore the said governor, bailiffs and commonalty had resolved to make a canal in the said wash, and other works there, for strengthening and enlarging the said north bank, the charge of all which would amount at least to six thousand six hundred pounds; and further reciting, that the said Duke of Devonshire, on the said I Duke of Bedford's behalf and with his consent, and the said Rarl of Lincoln, at the request of the said governor, bailifls and commonalty, had agreed to advance the said six thousand six hundred pounds for the purposes afore- said, in proportion to their said respective estates in the said North Level, and that the said governor, bailiffs and commonalty had agreed that the taxes, revenues and rents annually laid and arising upon and out of the lands in the said North Level only, should be made a security for repayment as well of the said three thousand four ^lundred pounds then already laid out, ae for the said six 533 534 APPENDIX. thousand six hundred pounds to be laid out, and interest at the rate of four pounds per centum per annum, and were desirous and had proposed that the said Duke of Devonshire and Earl of Lincoln should have not only the direction and disposal of the said six thousand six hun- dred pounds in making the said canal and other new works, but also that the said Duke of Devonshire and Earl of Lincoln, during the minority of the said Duke of Bedford, and afterwards the said Duke of Bedford and Earl of Lincoln, their respective heirs and assigns, should have the direction, disposal and management of the said taxes, revenues and rents of the said North Level to be by them employed and disposed in and about the repair- ing and maintaining the works of the said North Level, and making and supporting such other works as should be necessary or conducing to the effectual draining, securing and preserving of the said North Level, and for and towards the payment of the said principal sums of three thousand four hundred pounds and six thousand six hundred pounds with interest as aforesaid, until the said principal sums of three thousand four hundred pounds and six thousand six hundred pounds and inte- rest should be fully paid and satisfied ; it is witnessed, that in consideration of the premisses^, and for securing the repayment of the said several sums of three thousand four hundred pounds and six thousand six hundred pounds and interest as aforesaid, and for the better enabling the said Dukes of Devonshire and Bedford and the said Ear of Lincoln to complete their good designs of effectually draining, securing and preserving the said North Level, by making the said canal and other works, which the said governor, bailiffs and commonalty were sensible would be of great benefit and Advantage to all the estates in the same Level, they the said governor, bailiffs and commonalty, for themselves and their successors, did covenant and agree to and with the said Dukes of APPKNDIX. 536 Devonshire and Bedford and the said Earl of Lincoln respectively, and their respective heirs and assigns, that it should and might be lawful to and for the said Duke of Devonshire and Earl of Lincoln, their agents or servants duly authorized, during the minority of the said Duke of Bedford, and after the said Duke of Bedford should have attained his age of twenty-one years, and should have con- firmed that agreement, for the said Duke of Bedford and Earl of Lincoln, their respective heirs and assigns, their j agents or servants duly authorized, without the interruption or denial of the said governor, bailiffs and commonalty, or their successors, to ask for and demand, have, receive and take of and from the receiver general for the time being of the said corporation yearly, and every year, as the same should become due, and be paid to the said receiver general, so much and such part of the said taxes to be annually laid on the said ninety-five thousand acres, as should be the share and proportion of the lands within the said North Level liable thereto, together with all other the rents and revenues whatsoever of the said governor, bailiffs and commonalty in the said North Level, including the share and proportion of the taxes laid upon the lands within the said North Level for that present year, and the said rents and revenues due and payable for the same time: and it was thereby declared and agreed, that the yearly sum of one hundred pounds, payable by the heirs or assigns of Sir Charles Orby deceased, to the said governor, bailiffs and commonalty, and their successors should be esteemed and taken as part of the said revenue arising within the said North Level; and the said governor, bailiffs and commonalty did thereby authorize, impower and require the said receiver general for the time being to pay yearly, and every year, as the same should become due and be paid to him, all the said taxes, rents and revenues of the said North Level, unto the said Dukes of Devonshire and 536 APPENDIX. Bedford and Earl of Lincoln respectively, their respec- tive heirs and assigns, or their servants or agents, with- out any further or other warrant to be had from the said governor, baihfls and commonalty for that purpose: provided, that the said receiver general for the time being should retain and keep so much of the said taxes, rents and revenues of the said North Level, as should be sufficient to satisfy and discharge the yearly interest of the principal sum of two thousand pounds, thentofore taken up upon the common seal of the said corporation for the service of the said Level, until the principal sum of two thousand pounds should be paid off and dis- charged : and it was thereby declared and agreed, that the said taxes, rents and revenues, so to be paid to the said Dukes of Devonshire and Bedford and Earl of Lin- coln respectively, their heirs or assigns, should be re- tained, employed, applied and disposed of, in the first place, for repairing and maintaining all the works of the said North Level, and making and supporting sucii other works as should be necessary or conducing to the effec- tual draining and preservation of the same Level, and then for paying and satisfying to the said Dukes of Devonshire and Bedford and Earl of Lincoln, their re- spective executors, administrators and assigns, according to their respective proportions and shares, interest after the rate of four pounds per centum per annum, for the said several sums of three thousand four hundred pounds and six thousand six hundred pounds, and then to take, retain and keep the surplus money for and towards pay- ing off and sinking the said sums of three thousand four hundred pounds, and six thousand six hundred pounds, in such proportions and by such payments as should be reasonable and convenient, until the same should be fully paid off and satisfied. And whereas the said Duke of Bedford, or the said Duke of Devonshire as his guardian, and the said Earl of Lincoln laid out and expended the APPENDIX. said sum of six thousand six hundred pounds, in pursu- ance of the said agreement, in the works therein men- tioned, and by virtue of and under the said agreement, the said Duke of Bedford and Earl of Lincoln, and their representatives, have ever since continued in the receipt of the taxes, rents and revenues of the said North Level, but have been obliged to apply the greatest part thereof for and towards the several works for draining and pre- serving the said North Level j so that at Lady-day one thousand seven hundred and fifty-three the sum of eigh- teen thousand nine hundred and thirteen pounds, eleven shillings and nine pence was due for principal and in- terest of the said several sums of three thousand four hundred pounds and six thousand six hundred pounds, five sixth parts whereof is due and owing to the most Noble John now Duke of Bedford, as executor of the last will of the said Wriothesley late Duke of Bedford; and the remaining sixth part thereof is due and owing to the Right Honourable Henry Earl of Lincoln as administrator of the said Henry late Earl of Lincoln : and whereas the sum of two thousand eight hundred and fifty pounds, part of the debt owing by the said corpora- tion at Lady-day one thousand seven hundred and twen- ty-eight, was due and owing to the said Wriothesley late Duke of Bedford, who afterwards in and by his last will and testament forgave and discharged the same, which reduced the debt contracted by the said corporation be- fore the said year one thousand seven hundred and twenty-eight to fourteen thousand three hundred pounds; and whereas ever since the making and executing the said recited agreement, the said Dukes of Bedford and Earl of Lincoln have supported and maintained the works, banks and drains of the said North Level, and the said corporation have not been at any charge orexpence in or about the same, but the said corporation have since the said 3'ear one thousand seven hundred and twenty- 537 638 APPENDIX. eight borrowed several large sums of money on bonds, under their common seal, lo the amount in the whole of fifteen thousand nine hundred and forty pounds, all which has been by them laid out and expended in and about the said iSJiddle and South Levels, and for sup- porting and preserving the banks, drains and works thereof; so that the said corporation is now indebted in the several sums of money following, that is to say, in the said sum of fourteen thousand three hundred pounds, contracted before the said year one thousand seven hun- dred and twentj'-eight, for or on account of the whole of the said Great Level; the said sum of eighteen thousand nine hundred and thirteen pounds eleven shillings and nine pence, contracted since the said year one thousand seven hundred and twenty-eight, for or on account of and par- ticularly charged upon the said North Level ; and the said sum of fifteen thousand nine hundred and forty pounds, contracted since the said year one thousand seven hundred and twenty-eight, for or on account of the said Middle and South Levels, amounting together to fort^'-nine thousand one hundred and fifty-three pounds, eleven shillings and nine pence : and whereas it has been found by experience that the taxes, revenues and rents arising and payable to the said corporation out of the said North Level are not near sufficient to pay off and discharge the said debt particularly charged thereon, and to defray the charges and expences of maintaining, supporting and keeping in repair the several works for draining thereof; and notwithstanding the greatest part of the revenues of the said North Level have ever since the said year one thousand seven hundred and twenty- eieht been laid out in and about the same, the several banks, rivers, sewers and works of the same Level are become so greatly decayed and ruinous that great part of the lands in the same Level have lately been very fre- quently flooded, and unless some immediate remedy be APPBNDIX. 539 applied, will become entirely drowned and of little or no value : and whereas the lands called Portsand, otherwise Great Porsand, parcel of the demesnes belonging to and lying within the manor of Crowland, in South Holland, in the county of Lincoln, herein after particularly bounded and described, are subject also to be frequently flooded, and cannot be effectually drained and preserved without a large expence ; and whereas the said lands called Portsand, otherwise Great Porsand, adjoin to the said North Level on the north part thereof and lie con- venient to be drained therewilh, and it will be for the mutual benefit and advantage of the proprietors or owners thereof, and of the proprietors or owners of the lands within the said North Level to join in one common drainage; and in order thereto, the proprietors or owners of the said manor of Crowland and lands called Portsand, otherwise Great Porsand, and the proprietors or owners of the greatest part of the lands v/ithin the said JNorth Level, are willing and desirous that a sufficient sum of money for the effectual draining of all the said lands shall be raised by a tax upon all the said lands, to be ordered, governed and disposed of in such manner as herein after is mentioned, provided that the said North Level be discharged from the debts of the said corpora- tion, and that all the taxes, rents and revenues, which shall hereafter arise and become payable to the said cor- poration out of the said North Level, be applied, under the direction of the said corporation, for the benefit of the said North Level only, in such manner as herein after is mentioned : and whereas the taxes, rents and reve- nues, arising and payable to the said corporation out of the said North Level, are about one-eighth part of the taxes, rents and revenues, arising and payable to the said corporation out of the whole of the said Great Level of the Fens, and therclbre the said North Level is subject and liable to raise and pay one-eighth part of the said 540 APPENDIX. debt of fourteen thousand three hundred pounds, which was contracted by the said corporation before the said year one thousand seven hundred and twenty-eight, on account of the whole of the said Great Level of the Fens ; and in order to raise money to pay oft' and dis- charge the same, it has been proposed that so much of the taxes charged on the corporation hinds within the said North Level, by virtue of or under the said recited act of the fifteenth of King Charles the Second, shall be sold in such manner as herein after is mentioned, as shall raise a sufficient sum of money for that purpose : and whereas the said John Duke of Bedford and Henry Earl of Lincoln, being desirous to promote so good and bene- ficial an undertaking, have consented and are willing to exonerate and discharge the said corporation of and from the said debt of eighteen thousand nine hundred and thirteen pounds, eleven shillings and nine pence, and to yield up and surrender all the taxes, rents and revenues of the said North Level, which they are intitled to re- ceive by virtue of and under the said recited agreement, and to release and discharge all their right, title and in- terest, in and to the same, on condition that the taxes, rents and revenues of the said Middle and South Levels, be for the future only chargeable with the residue of the said debt of fourteen thousand three hundred pounds, contracted before the said year one thousand seven hun- dred and twenty-eight, and with the said debt of fifteen thousand nine hundred and forty pounds, contracted on account of the said Middle and South Levels, since the year one thousand seven hundred and twenty-eight ; and that the said North Level, and the taxes, rents and reve- nues thereof, be fully and absolutely discharged of and from all the debts of the said corporation and ever}^ part thereof: And whereas at a court of the said governor, bailift's, and commonalty of the company of conservators of the Great Level of the Fens, held at the Fen Office, APPENDIX. 541 on Saturday the twenty-fourth day of February, one thousand seven hundred and fifty-three, a plan according to the said proposals, and for effecting and carrying the said undertaking into execution, in such manner as herein after is mentioned, was laid before the said court, and the said court thereupon came to the following resolutions, videlicet, That it appearing to the board that the debt due from this corporation in the \'ear one thou- sand seven hundred and twenty-eight, was fourteen thou- sand three hundred pounds, and that the taxes upon all the three Levels, at a tax and a quarter, amount to six thousand three hundred and fourteen pounds, three shil- lings and eleven pence halfpenny, of which the tax aris- ing from the North Level is seven hundred and seventy- seven pounds, three shillings and four pence halfpenny, being about one-eighth part, it is the opinion of this board, that if his Grace the Duke of Bedford and Lord Lincoln remit the debt of about nineteen thousand pounds, which is due to them under the agreements made with them by this corporation in one thousand seven hundred and twenty-eight, for draining the North Level, and the proprietors of the North Level will pay one thousand eight hundred pounds as their proportion of the said debt of fourteen thousand three hundred pounds, it will be for the interest of the other two Levels for this corporation to consent, that the lands of the North Level be exonerated from the payment of the remainder of the said debt and the subsequent debts of the corporation by the act of parliament intended to be applied for, for the better draining of that Level .- And the remaining j^art of the said plan being read, the board resolved, that the same did not in any wise appear to be prejudicial to either of the Levels belonging to the said corporation, and therefore they did approve thereof: -And whereas the said corporation and the creditors of the said corporation, and the proprietors of the greatest 542 A,PPENDIX. part of the taxable lands within the said Middle and South Levels, having seen and considered the said pro- posals, approve thereof, and are willing and consenting that the same should be carried into execution : And whereas the effectual draining and preserving the said North Level and the said lands within the manor of Crowland, which contain together about forty-eight thousand acres, would be of great benefit and advantage to the several proprietors thereof, and of service to the publick in general, and if the proposals and agreements before mentioned are carried into execution, it is appre- hended and believed that the same may be effectually drained and preserved; but in regard the same cannot be effected, or the money necessary for that purpose raised, without the aid and authority of parliament, Be it there- fore enacted by the King's most excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal and Commons in this present parliament The corpora- assembled, and by the authority of the same, That the tion of conser- i ■-,■ rr ■, ■, r i vatorsofBed- Said govemor, bailitis and commonalty or the company chalked frolir °^ conservators of the Great Level of the Fens, and their the debt of successors, and all and every the taxes, rents and reve- 18,913/. lis. ' . 9rf. due to John nues, arising and payable to the said corporation by, ford and Henry from or out of the lands in the said North Level, or any Earl of Lin- p^^{. thereof, and all and every other the lands, taxes, rents and revenues of the said corporation, shall be and are hereb}' fully and absolutely freed and discharged of and from the said debt or sum of eighteen thousand nine hundred and thirteen pounds, eleven shillings and nine pence, so as aforesaid due and owing to the said John Duke of Bedford and Henry Earl of Lincoln, by virtue of and under the said recited indenture of the twenty-ninth day of May one thousand seven hundred and twenty-eight, and every part thereof, and all interest and the recited payable for or in respect thereof j and that the said 29^Ma"'^i7°8 ^ccited indenture of the twenty-ninth day of May one declared void. APPENDIX. 543 thousand seven hundred and twenty-eight, shall be and is hereby enacted and declared to be from henceforth null and void ; and the said governor, bailiffs and com- monalty, and their successors, and the said John Duke of Bedford and Henry Earl of Lincoln, their respective heirs, executors, administrators and assigns, and the heirs, executors, administrators and assigns of the said Wriothesley late Duke of Bedford and Henry late Earl of Lincoln, are hereby fully and absolutely freed and dis- charged of and from all and every the covenants, clauses, articles, conditions and agreements in the said recited indenture contained. i\nd vi'hereas the said yearly sum of one hundred pounds, mentioned in the said recited indenture of the twenty-ninth day of May one thousand seven hundred and twenty-eight, to be payable by the heirs or assigns of Sir Charles Orb}', deceased, to the said governor, bailiffs and commonalty, was payable in pursuance of certain articles of agreement made the tenth day of Jul}', which was in the year of our Lord one thousand six hun- dred and ninety-seven, between the said governor, bai- liffs and commonalty of the one part, and the said Sir Charles Orby of the other part, for a term of twenty- eight years, which long since expired: now for the obviating and avoiding all doubts, questions and con- troversies which may any wise happen or arise in rela- tion to the said yearly sum of one hundred pounds, or the non payment thereof, or any arrears thereof; it is The executors hereby further enacted and declared by the authority Orbrand"*^ "^^ aforesaid. That the heirs and assiens of the said Sir 7''0'"is Orby '-' Hunter, dis- Charles Orby, and Thomas Orby Hunter, Esq. his heirs, charged from , . . , . 1 . ,• 11 payment of the executors, administrators and assigns, are hereby fully annual sum of and absolutely freed and discharged of and from the payment of the said yearly sum of one hundred pounds to the said governor, bailiffs and commonalty of the company of conservators aforesaid, and their successors 100/. to the company, 544 APPENDIX. and from all covenants in the articles of 10 July 1697. Proprietors of taxable lands within the North Level, may purchase off so inncli of the taxes chargeable thereon, by net 15 & 20 Car. II. as will raise the sum of 1800/. and enter subscrip- tions for the same, before 24 June 1754. or assigns, and of and from all arrears thereof; and the said governor, bailiffs and commonalty, and their suc- cessors, and the heirs and assigns of the said Sir Charles Orby deceased, and the said Sir Thomas Orby Hunter, his heirs, executors, administrators and assigns, are hereby fully and absolutely freed and discharged of and from all and every the covenants, clauses, articles, con- ditions and agreements, contained in the said articles of the tenth day of July one thousand six hundred and ninety-seven before-mentioned. And in order to raise money sufficient to satisfy and discharge the said sum of one thousand eight hundred pounds, so as aforesaid ascertained and declared to be the proportion of the said North Level, of, and in the debts of the said corporation, contracted before the said year one thousand seven hundred and twenty-eight; it is hereby further enacted and declared. That it shall and may be lawful to and for the proprietors of taxable lands within the said North Level, to purchase off so much of the taxes chargeable on their respective lands, by virtue of or under the said recited acts of parliament of the fifteenth and twentieth years of the reign of his said late Majesty King Charles the Second, at and after the rate of thirty years purchase, computing and settling the said taxes on the said eighty-three thousand acres at a tax and a quarter ; and on the said twelve thousand acres in proportion thereto, according to the said act of the twentieth of King Charles the Second, as shall be sufficient to raise the said sum of one thousand eight hundred pounds ; and in order thereto, it shall and may be lawful to and for the said several proprietors of tax- able lands, at any time on or before the twenty-fourth day of June which shall be in the year of our Lord one thousand seven hundred and fifty-four, to subscribe in a book to be kept by the governor, bailiffs and com- monalty, or their register, for that purpose, at their office APPENDIX. 545 in the Inner Temple, London, for the purchase of the taxes of so much of their respective lands as they shall be respectively willing and desirous to purchase off, at and after the rate aforesaid; and in case the purchase of more of the said taxes shall be so subscribed for, on or before the said twenty-fourth day of June one thousand seven hundred and fifty-four, than shall be sufficient to raise the said sum of one thousand eight hundred pounds ; then, and in such case, the purchase thereof shall be allotted and settled by the said governor, bai- liffs and commonalty, amongst the said subscribers, in equal average and proportion to the taxes payable by them respectively; and upon payment of the several Payment r ^ 1-11 11 1 r 1 thereof to be sums or money so to be subscribed or allotted tor the made by 29 purchase of the taxes aforesaid, on or before the twenty- andVbelip- ninth day of September which shall be in the said year plied in dis- ' charging the one thousand seven hundred and fifty-four, to the said said debt. governor, bailiffs, and commonalty, or their treasurer, to be by them applied for and towards payment of the debts contracted by the said corporation before the said year one thousand seven hundred and twenty-eight, the said several purchasers, their heirs, executors, administrators, and assigns, and their respective lands and tenements, shall be from thenceforth fully and absolutely freed, exonerated and discharged of and from the taxes by them so purchased as aforesaid, and of and from all other rates and taxes whatsoever chargeable on the lands by them so exonerated as aforesaid, by virtue of or under the said several acts of parliament of the fifteenth and twentieth years of King Charles the Second, or either of them ; and it shall and may be lawful to an 1 1 11 1 u execute re- governor, bailiffs, and commonalty, and tney are liercby leases of the rcfiuired. upon such payment as aforesaid, at the costs t'^^cs to t le of such purchasers, to execute under their common seal, good and sufficient releases and discharges to the said i-everal purchasers, their respective hcirs^ executors, ii N )4G APPENDIX. The taxes chargo.ible by acts 15 & 20 Car. II. to be continued on the residue of the lands not exonerated, and to be ap- plied in tbe works of the Level herein mentioned and described. administrators, and assigns, of and from the taxes so by them respectively purchased as aforesaid, particularly describing and bounding therein the lands which shall be thereby released and exonerated from taxes in pur- suance of such purchases. And it is hereby further enacted and declared, That the taxes chargeable by virtue of and under the said acts of the fifteenth and twentieth years of King Charles the Second, or either of them, upon the residue of the tax- able lands within the said North Level, which shall not be so exonerated as aforesaid, shall be always hereafter, and hereby are, fixed and settled upon so much thereof as shall be part of the said eighty-three thousand acres, at a tax and a quarter, and on so much thereof as shall be part of the said twelve thousand acres, in proportion thereto, according to the said act of the twentieth of King Charles the Second ; and shall not be lessened or increased under any pretence whatsoever; and that all the money which shall arise, or be produced by the said taxes within the said North Level, and all other the rents and revenues arising and payable to the said corporation b\', from or out of the said North Level, or any part thereof, shall from thenceforth be applied and disposed of by the said governor, bailiffs and commonalty, and their successors, in and about the several banks and works of the said Level herein after-mentioned ; that is to say, in the first place to raise, make good, and keep in repair, the north bank of Moreton's Leame, the cast bank of Cordike from Moreton's Leame to the Folly Bank, the Folly Banks from Cordike to the river Wel- land, the bank reaching from the F'olly Bank to Peakirk town, and the South Bank of the river Welland to West Dam at the end of Crouland town, until the said banks shall be made of such a heigh.t and strength as the said governor, bailiffs and commonalty, or their successors, shall judge sufficient to defend the said North Level and APPENDIX. 547 South Holland from and against the laud Hoods ; and from and after the banks aforesaid shall be put into such a state of security as aforesaid, then the said taxes, rents and revenues shall be applied for and towards repairing and strengthening the banks of Shire Drain, scouring out the outfall, and repairing Gunthorpe Sluice; and also for and towards repairing and strengthening the south bank of the river Old South Eau from West Dam aforesaid to Clows Cross, and also the west bank of the said river Old South Eau from Clows Cross to Guyhirn, and the banks of the Counter Drain from Guyhirn to the east end of the severals in Stand Ground; and that the said taxes, rents, and revenues, shall not be applied or disposed of, to or for any other purpose or purposes whatsoever. And it is hereby further enacted and declared, That The lands of 1 -i-MiT 1 111 1 • 1 1 1 ^ ^^^ North Le- the said JNorlh Level, and all and smgular the lands, vel discharged tenements, rents, taxes and revenues thereof, shall be, ^^?l? ^''^J''"^"' ' -" ' ' of the residue and hereby is and are fully and absolutely freed, exone- ofthedebtor rated and discharged of and from the residue of the said debt of fourteen thousand three hundred pounds, which shall remain after payment of the said>sum of one thou- sand eight hundred pounds to the said corporation; and and from the also of and from the said debt of fifteen thousand nine 15 910/. hundred and forty pounds, so contracted by the said corporation since the said 3car one thousand seven hun- dred and twenty-eight, for or on account of the said Middle and South Levels, as aforesaid, and of and from every part and parcel of the said debts respectively, and all interest payable for or in respect thereof; and also of and all otiicr and from the payment of all other debts and sums of owinff.°°'' money whatsoever, now due and owing by or from the said corporation. And it is hereby further enacted and declared, That The North Ix;- thc s;iid North Level, or the lands, tenements, rents, to debts, on revenues and taxes thereof, or any part thereof, shall not ""o""' <'''•'« ' J I ^ Middle and 2 N C South Levels ; 548 APPENI>1X. nr.r arc tbey to be subject to «lebts on ac- count of tbe North Level. Members for lands in the North Level not to vote concernhig borrowing money, for the Middle and South Levels. The lands to be drained to be divided Into districts. The first dis- trict of the lauds. be subject or liable to the payment of any debt, or suiii or sums of money whatsoever, which shall at any time hereafter be contracted, taken up, or borrowed, by the said corporation, lor or on account of the said Middle and South Levels, or either of them, or the doing and performing any work or works for the better draining and preserving the same Levels, or either of them ; and also that the said Middle and South Levels, or either of them, or the lands, tenements, rents, revenues, and taxes of them, or either of them, shall not be subject or liable to the payment of any debt, sum or sums of money whatsoever, which shall at any lime hereafter be con- tracted, taken up, or borrowed, by the said corporation, for or on account of the said INorth Level, or any work or works for the better draining and preserving thereof, or any part thereof. And it is hereby further enacted by the authority- aforesaid. That no person or persons that shall be qua- lified to sit and vote as a member of the said corporation, for or in respect of lands or grounds in the said North Level only, shall, at any time hereafter, have any vote, power or authority concerning the borrowing any money for the service of the Middle and South Levels, or either of them, or which the taxes, rents and revenues of the said Middle and South Levels, or either of them only, shall be subject and liable to the payment of. And for the better effecting the purposes of this present Act, it is hereby further enacted and declared by the au- thority aforesaid, That the said several lands and grounds intended to be drained under the powers and authority of this present act, shall be and hereby are divided into five districts or divisions in manner herein afler-menlioned, and that the waters of the said several districts or divi- sions shall run and be conveyed to sea, in, by and through the several rivers and drains herein after-mentioned ; that is to sav, the first of the said districts or divisions shall APPENDIX. 540 contain all thai part of the North Level which is bounded as ibllows ; on the north by the river Welland from the Folly Bank to Crowland-bridge, and from thence to the place where the river Catwater now falls into the river Old South Eau, hv the south-west bank of the said river Old South Eau, otherwise the ancient branch of the Nene, including the said south west bank ; on the east, by the west bank of the river Catwater from the said place where the said river falls into the Old South Eau afore- said, to the north side of Thorney Causewa}', including the said bank ; on the south by the road leading from Thorney Causeway aforesaid to Cordike, at the west end of Eye town ; and on the west, from that part of Cordike, The drains which is at the west end of Eye tov;n aforesaid, to the the waters are river Welland, by the east bank of Cordike and the Folly 5° ^^e conveyed, ' _ _ ... >iito the sea. Bank ; and that the w^alers of the said district or division shall run and be conveyed to sea, into any part of the said river Old South Eau, otherwise the said antient branch of the river Nene, between Crowland Town End and the said place where Catwater now falls into the said river Old South Eau, and in, by and through that part of Catwater which lies between Pepper Lake and the said river Old South Eau, and all or any of the interior drains within the said district, and down that part of the said river Old South Eau which lies within the North Level on the north side thereof to Clows Cross, and from thence into, by and tlirough Shire Drain to sea; with full liberty and power (jf opening and shutting the gates or doors which stand at the j)Iacc where the said river Catwater falls into the Old South Eau, as occasion shall require : the second district or division shall contain all that |)art Tlic second of the North Level w'jich is bounded as follows; that is "^ "'^'• to say, on the north, in part by the said road leading from Cordike nfon.said, through Eye town, to Thorney Causeway, and in part by the south bank of Thorney Dike; on the cast, in part (from Thorney Causeway 650 APPENDIX. The drains by which the waters arc to be conveyed. The third district. aforesaid to Thorney Cross, where Catwater turns off westward towards Story's Bar) by the west bank of Cat- water, and in part from the south bank of Thorney Dike aforesaid to the Counter Drain by the west bank of Knarlake ; on the west, by Cordike, from the west end of Eye town aforesaid to Moreton's Leame ; and on the south, by the Counter Drain aforesaid, front the upper part of tlie severals in Strand Ground to the west bank of Knarlake aforesaid, including all the said banks ; and that the waters of the said last-mentioned district or di- vision shall run and be conveyed to sea, in, by and through all or any of the interior drains within the said district, into the Counter Drain aforesaid ; and in, by and through the Counter Drain aforesaid to Guy him ; and from thence down the Old South Eau to Clows Cross ; and from thence in, by and through Shire Drain to sea : the third district or division shall contain the lordship of Thorney, which is bounded on the west bj^ Catwater ; from Thorney Cross aforesaid to the Old South Eau ; on the north, by the south bank of the Old South Eau, from the said place where Catwater now falls into the said river Old South Eau aforesaid, to Gold Dike, including the said bank ; on the east, in part by Gold Dike and in part by Knarlake ; and on the south by Thorney Dike, including the said river and drain of Catwater and The drains for Thomey Dike; and that the waters of the said last- waterrthereof. mentioned district or division shall run or be conveyed into Gold Dike, and from Gold Dike to Clows Cross by the New South Eau to Throckenholt ; and from thence on the south side of Throckenholt to Clows Cross, or by the drain that runs from Gold Dike to Clows Cross, be- tween Sutton Common and Inkerson Fen, and by Knar- lake into the Counter Drain aforesaid, and in, by and through Shire Drain to sea, in such manner as shall be found most convenient by the said John Duke of Bed- ford, the sole owner of the said district, his heirs and APPJiNDIX. 651 assit^DS : the fourth district or division shall contain all The fourth that part of the said North Level, which is bounded on ** the west by the east bank of Gold Dike and the east bank of Knarlake ; on the north, b}' the south bank of that part of the Old South Eau which runs from Gold Dike to Clows Cross ; on the east, by the west bank of that part of the Old South Eau which runs from Guyhirn to Clows Cross ; and on the soutli, by the north bank of the Counter Drain aforesaid, including all the said banks. And that tlie waters thereof shall run or be conveyed to The drains for sea into, by and through Shire Drain, by the Counter waters "thereof Drain aforesaid, and that part of the Old South Eau which rims from Guyhirn to Clows Cross: and the fifth The fifth district or division shall contain the lands before-men- tioned, called Portsand, otherwise Great Porsand, bound- ed on the east by Holbeach and Whapload Lands and the U'iHow Row Bank, from Dowsdale to the river Asendike; on the north, by the said river Asendike and the river Welland, from the Willow Row Bank to White- house, otherwise Eppinholt Corner ; on the west, by the said river Welland, and by the north-east bank of the said river Old South Eau, otherwise antient branch of the Nene, from Eppinholt Corner aforesaid to Turke- tulius's Cross, near the place where Catwater now falls into the Old South Eau; and on the south by the north bank of the said river Old South Eau, from Turketullus's Cross to Dowsdale, including the said north-east bank and north bank ; and that the waters of the said last- The drains for mentioned district or division shall run and be conveyed ^^''^''^''^g off the _ •' waters thereof, through Dowsdale Bank, being the before-mentioned north-east bank and north bank, into any part or parts of the s:iid antient branch of the Nene, otherwise Old South Eau, and of the said river Old South Eau between Crow- land Town End and Dowesdale, and from thence by the said river Old South Eau into, by and through Shire Drain aforesaid to sea. 352 APPENDIX. The wattis to And it is hereby further enacted and declared by the through the re- fiuthority aforesaid, That the waters of the said several ^'itiimu o™"^' districts or divisions, shall run or be conveyed to sea in, struction from by and through the several rivers or drains herein before the conserva- . . iv- tors of the mentioned and appointed, to liie said several districts Great Level. respectively for that purpose, without any lett, hindrance, obstruction or controul of, from or by the said governor, bailiffs and commonalty of the company of conservators of the Great Level of the Fens, or their successors, in any manner or under any right whatsoever, or of, from or by the commissioners for putting this act into execution, or any of them, under any pretence whatsoever, otherwise than as herein after is mentioned. Commissioners And it is hereby further enacted by the authority afore- dUtrictsr*^'^^ said, That the several persons herein after named shall be, and hereby are, constituted and appointed commissioners for the executing and effecting the powers, authorities and purposes of this present act, until the last Monday in the month of June, vv'hich shall be in the year of our Lord one thousand seven hundred and fifty-five ; that is to say, for the said first district or division, the Right Honourable Brownlow Earl of Exeter, the Right Ho- nourable Henry Earl of Lincoln, Timothy Brecknock, Thomas Moore, Esquires; Samuel Sharp, William Lan- den, John Walton, William Walton senior, Thomas Robert Gates, Charlton Wyldbore, Gentlemen ; for the said second district or division, the Right Honourable George William Earl of Coventry, Richard Tryce, John Wildbore, Esquires; Daniel Bailey senior, Gentleman, Robert Blake, Esq.; George Johnson, Thomas Moore, junior, William Aveling of Eldernel, Gentlemen ; for the said third district or division, his Grace the most Noble John Duke of Bedford, Samuel Henry Pont, Benjamin Woodward, Matthew Wyldbore, George Waddington, Robert Butcher, Esquires; Thomas Neale Clerk, M. A. Berry Dodson, William Sisson senior, William Prestoa» APPENDIX. 553 Langley Edwards, Thomas Bullock, Richard Bayley, James Brown, Abraham Baley, John Bains, John Brit- tain, Robert Chapman, John Congreve, John Delanoy, John Egar, Thomas Fowler, Thomas Hawkins, William Little, John Milfield, William Morris, Benjamin Ris, Joseph Rolls, Job Rowning, Samuel Sharpe of Thorney, John Sharpe, Thomas Speechley, George Searle, John Wing, Gentlemen ; for the said fourth district or divi- sion, the Reverend George Reynolds LL.D. the Reverend Charles Reynolds D. D. Armstead Parker, Spelman Swaine, John Sly, Esquires ; Henry Burrough Clerk, M.A. James Ris Clerk, John Sumpter Esq. ; John Dickenson Clerk, jVI.A. Abraham Gerbow, Robert Wensley, Thomas Awd- ley, Francis Hardy ; and for the said fifth district or division, Thomas Orby Hunter Esquire, James Benson Clerk, John Crawford Esq.; Thomas Brecknock, Charles Crawford, John Kelk, William Peers, John De Key, James Usill, Thomas Kingston, William Cowling, Isaac Whitsed, James Goglar, Thomas Webster, and Hugh Worrell. And for the effectual raising and levying money for Commissioners the general draining and preserving the lands and grounds ^pn'^Jifi'^meet-^ comprized in all the said five several districts or divisions, ing, to make a . ... 1 rate for drain- and answering the purposes or this present act; it is hereby ing on all lands further enacted by the authority aforesaid. That the com- excepted" inissioners hereby nominated and appointed, and such other commissioners as shall hereafter succeed them, or be nominated or appointed, elected or chosen, in their or any of their steads, by virtue of the powers and authority hereby given for that purpose, or any forty or more of them, shall meet yearly at the house called The Duke's Head Inn in Thorney, in the said Isle of Ely and county of Cambridge, so long as the same shall continue an inn or publick house, or otherwise at such other house in the town of Thorney aforesaid, as the commissioners for the time being, or the major part of them who shall be present 554 APPENDIX. at any general meeting, shall tJiiiik proper and appoint, on the first Monday whieh i.hall happen in the month of July, at ten of the clock in the forenoon in every year ; the first of the said meetings to be had and held on Monday the first day of July which will be in the year of our Lord one thousand seven hundred and fifty-four j and then and there, from time to lime, shall assess, rate, tax and charge all and every the respective owner or owners, occupier or occupiers of all and singular the lands and grounds situate and being within the said several districts or divisions herein before-mentioned and des- cribed, or any of them, (except Great Burrough Fen Common, otherwise Peterborough Gi'eat Fen Common; the common now commonly called The four hundred Acre Common in Alderlands ; Little Borough Fen Com- mon, otherwise Peterborough Little Fen Common, other- wise Flagg Fen Common, and that part of Sutton Com- mon which lies south of Old South Eau ; add also exce[)t all the lands called Hurt's Grounds, in the parish of Stand Ground; and also all the lands of Oxney and Tanholt Farms, Chapel Close, Borough-hill Closes, Padham's Peakirk long Meadows, Peakirk little Meadows, and the closes adjoining thereto : Newark-Edgerly, and the closes adjoining thereto towards the west and north ; Billings- wood, and the closes adjoining thereto, in the parish of Paston ; the lands called The Inliams, lying south ol' the Folly Bank, and the closes at the south end of the In- hams, called Puttock Closes ; and also except all the liighlands in Eyebury and Newark ; and all the highlands in the parishes of Peterborough, Werrington, Glinton, Peakirk Eye, Stand Ground and Whittlesey, or any of them) by and with equal and proportionable yearly rates, taxes or sums of money, at the discretion of the said commissioners, or the major part of them that shall be the same for present at any such yearly general meeting; so that the the first four • j rates or taxes for the first four years, to be computed years to be at / / r Is. per acre. APPBNDIX. 555 fVoni the feast of the nativity of St. John the Baptist which shall be in the year of our Lord one thousand seven hundred and fifty-four, be after the yearly rate of one shilling for every acre of the lands and grounds comprized within all the said several districts or divisions (except as is before excepted); and so that after the expiration of after not to the said term of four years the said rates or taxes do not acre in a'ny^'oe exceed, in any one year, six pence for every acre of the year; lands and grounds comprized within all the said several districts or divisions (except as is before excepted) ; and so that no part of the said lands and grounds be, at any time, charged by virtue of this act, with any greater or lesser rate or tax than the rest of the said lands are or shall be charged with: which said rates, taxes and sums the same to be of mone\', so to be taxed and assessed as aforesaid, shall yeaijy^ be paid by the respective owners or occupiers of the said lands or grounds, at the feast days of the nativity of St. John the Baptist and the birth of our Lord Christ, in every year, by equal half-yearly payments, to such person or persons as the said commissioners, or the major part of them, who shall be present at any general meeting, shall, from time to time, order, direct or appoint the same ; the first pa3^raent thereof to be made at the feast day of the birth of our Lord Christ which will be in the said year one thousand seven hnndred and fifty-four ; and which said rates or taxes shall be subject to and chargeable with such sura or sums of money as shall be advanced, borrowed, raised and received on the credit thereof, in manner herein after-mentioned. Provided always, and it is hereby enacted and declared The quantities by the authority aforesaid, That the quantities of the nuSaiiilTby'the lands and grounds so to be rated and taxed as aforesaid P'oprietors, to . be f^ivi'n in shall, on or before Monday the second day of September upon oath by one thousand seven hundred and fifty-four, be given in 1754.^'' ' to the surveyor, treasurer or clerk, to be appointed by the said commissioners, and ascertained bv the oath of tlu- 556 APPENDIX. owners, i)r()|)rietors or occupiers llicreof, or solemn aiFirmulion of such of them as are or shall be of the people called Quakers, or other sufficient witness or wit- nesses to be made before the said commissioners, or any two or more of ihcm ; (which oath or anirmalion the said commissioners, or any two or more of them, are hereby and on tlieir impowcred to administer ;) and if any of the said owners, ncp'lcct or rcfu- .. . iii i^ c ± • ' sal to do so proprietors or occupiers shall neglect or refuse to give in the lands to 1)0 j^j such surveyor, treasurer or clerk a particular account surveyed and _ "^ ' ^ charged ac- of the uumber of acres contained in their several lands and grounds, and make oath or affirmation of the truth thereof by the time aforesaid, it shall and may be lawful to and lor the said commissioners, or the major part of them, who shall be present at any general meeting, to order a survey to be made by such person or persons as they shall think proper, of the lands and grounds of the several persons who shall so neglect or refuse to give in such account, and make such oath or affirmation of the truth thereof as aforesaid ; and any surve}' which shall be so made, shall be sufficient warrant and authority to the said commissioners to ascertain and determine the quan- tities of the lands and grounds of the persons so neglecting and the said or refusing to give in such accoiint ; and the chnrge of thrchann^s of sucli survey shall be paid by the person or persons so ne- the survey. glecting or refusing. Tlie monies And it is hereby further enacted and declared by the nppfied by tlic ^"^^^ority aforesaid, That the taxes and sums of money commissioners go to be assessed, rated, raised and received as aforesaid, in manner herein directed, and also all sums of money to be borrowed and received on the credit thereof, in manner herein after-mentioned, shall, from time to time, be applied and disposed of by the commissioners for putting this act into execution, or the major part of them, who shall be present at any general cneeting, in manner following ; that is to say, in the first place, in the paying and defraying the charges of this act ; and in the next place, for and towards the APPENDIX. bh7 general works of draining and preserving all the said districts or divisions herein after-mentioned ; that is to say, in cleansing out, widening and deepning the said antient branch of the river Nene, otherwise Old South Eau, and the said river Old South Eau, from Crowland town to Clows Cross ; the said river Old South Eau, from Clows Cross to Guyhirn; the river Catwater, from about twenty feet above Thorney Cross to Story's Bar; and in making, cleansing out, widening and deepening a dike or drain from Story's Bar to or near North Eau Gravel, and also the Counter Drain from the east end of the severals in Stand Ground to Guyhirn and Gold Dike and Knar- lake ; and the New South Eau from Gold Dike to Throckenholt, or the said drain between Sutton Common and Inkerson Fen from Gold Dike to Throckenholt ; (which the said John Duke of Bedford, his heirs or assigns, shall elect or choose to be cleansed, widened, and deepened) and ihe said drain on the south side of Throckenholt from such of the said drains which shall be so cleansed, widened and deepened, as aforesaid, to Clows Cross ; and also in raising, strengthening and maintaining the north-east and norlh banks of the said antient branch of the Nene, otherwise Old South Eau, and of the said river Old Soulh Eau, from Crowland town to Dowsdale ; and the south-west and south banks of the said rivers, from Crowland town to Clows Cross ; and the west bank of the Old South Eau, from Clows Cross to Guyhirn, in such manner, and to such height and strength at least, as shall be suiliciont to defend the lands against a head of water which may arise four feet above the level of the lands adjoining lo the said rivers; and also in raising, strengthening and maintaining both the banks of Catwater from about tvventy feet above Thorney Cross to Story's Bar ; both the banks of the said drain or dike from Story's Bar to the Counter Drain ; the north bank of the Counter IJniiii, from llie cast end of 558 APPENDIX. the severals in Stand Ground to Guyhirn ; both the banks of Gold Dike and Knarlake ; and either both the banks of New South Eau, from Gold Dike to Throckcuholt ; or both the banks of the drain between Sutton Common and Inkerson Fen from Gold Dike to Throckenholt ; at the election of the said John Duke of Bedford, his heirs or assigns ; and both the banks of the drain on the south side of Throckenholt, from such of the said drains as shall be so elected as aforesaid, to Clows Cross, to the height and strength herein before directed, of and con- cerning the banks of the said rivers Nene and Old South Eau ; and also in damming up the Old Wryde on the east side of Gold Dike; and in damming up the north end of Gold Dike ; and also in making a dam at or near the south end of Gold Dike, or at or near the south end of Knarlake ; and in keeping and continuing the said drain so dammed up; and also in supporting, repairing and maintaining the Pointing Doors now standing at or near the place where Catwater now falls into the said river Old South Eau ; and also in scouring out Shire Drain from Clows Cross to Gunlhorpe Sluice ; and in heightening, strengthening and maintaining the banks on both sides Shire Drain, in such good and substantial manner as to be sufficient to convey the waters running through the said several rivers and drains down to Gun- lhorpe Sluice; and in erecting, working, supporting and repairing so many engines or mills, not exceeding eight, between Shire Goat, otherwise Hill Sluice, otherwise Tid Goat Sluice, and Gunthorpe Sluice, for throwing out and discharging the waters coming down Shire Drain to sea, as the said commissioners, or the major part of them, who shall be present at any such yearly general meeting as aforesaid, shall, from time to time, in their discretion think proper and order to be erected, supported and worked; and in widening, altering, rebuilding, repairing and amending Gunthorpe Sluice, Shire Goat and Hill APPENDIX. S^^ Sluice, otherwise Tid Goat Sluice aforesaid, and the several bridges, clows and sluices in and over Shire Drain, Old South Eau, Counter Drain, New South Eau, the said drain between Sutton Common and Inkerson Fen, and the said antient branch of the Nene, and in scouring out the reservoir and sands at and near the outfall from Shire Drain to sea, from time to time, as occasion shall require, and in making and maintaining such other convenient bridges over Catwater and the Counter Drain, as the said commissioners, or the major part of them, who shall be present at any such yearly general meeting as aforesaid, in their discretion shall think proper; and in discharging the wages and salaries of officers, and other necessary expences. Provided always, and it is hereby enacted and declared. No more than That no further or greater sum of money than the sum the charoes of of forty shillings shall ever be allowed or paid out of the fnyonemeet- J o r mg of the money to be raised under the authorities of this act, for coramissioners. the charges or expences of any one meeting of the said commissioners. Provided also, and it is hereby enacted and declared, The rivers and That a sufficient part of the said rates and taxes, and the which are to be money to be borrowed on the credit of this act, shall, in first repaired -' ' ' and cleansed. the first place, after paying and defraying the charges of this act, be applied and disposed of in cleansing out and deepening the said river Old South Eau, from Clows Cross to Guyhirn, and in making, raising and strengthen- ing the west bank thereof, to the height and strength herein before directed, and in damming up the Old Wrydc at the place aforesaid; and in making, raising and strength- ening the east bank of Gold Dike, both banks of Knarlakc, and in cleansing, widening and deepening Catwater from about twenty feet above Thorney Cross to Story's liar, ilie drain from Story's liar to or near North Eau Gravel, and the Counter Drain from the east end of the severals in Stand Ground to Guyhirn; and in making, raising 5G0 APPENDIX. and strengthening the north bank ot" the Counter Drain to the height and strength herein before-mentioned ; and in scouring out the reservoir and sands at or near the outfall from Shire Drain to sea, once in every year, be- tween Michaelmas and Christmas ; and in heightening, strengthening and maintaining the banks on both sides Shore Drain, in such good and substantial manner as to be suilicient to convey the waters running through the said several rivers and drains down to Gunthorpe Sluice; and afterwards in or about such of the other works herein before-mentioned, as the said commissioners for the time being, or the major [)art of them, who shall be present at any such general meeting, shall, in their discretion, think most necessary to be done for answering the pur- poses of this act. Tbedam to be Provided also, and it is hereby further enacted and de- niadeintheOld clared, That the dam herein before directed to be made Wryde Drain, ' not to be after- in the said drain, called Old Wryde, shall not be here- wards removed, „ , , , , , . , i . &c. alter removed or taken away ; but that the said dram, called Old Wryde, shall always hereafter continue and be dammed up at the place aforesaid ; and that the said other dams, herein before directed to be made, shall not, after so made, be removed or taken away. The Counter Provided also, and it is hereby further enacted and SvelallTbe'^ declared. That the Counter Drain from the west end of cleansed at the the severals in Stand Ground, to the east end of the said proprietors' charge. scverals, shall be cleansed and scoured out, from time to time, at the sole ex pence of, and by the proprietor or proprietors of the said severals, for the time being. IfDuntonHall Provided also, and it is hereby enacted and declared, Bridge be taken J]^^i if it shall be found necessarv to widen, alter or take down, or alter- ed, the com- down a certain bridge over Shire Drain aforesaid, called missioncrs to ,- tt n n • i i . r i -i. i o- • i build another. JJunton Hall jiridge, heretorore built by siigismund Trafford, Esq. ; in order to give the waters a more free and open passage in and through the said drain, the said commissioners and their successors shall, by and out of APPENDIX. 561 the monies hereby directed to be raised for llie said general works of draining, build another bridge, in case the same shall be taken down at the place aforesaid, of the same sort of materials, and in as handsome a manner as the present bridge; and, from time to time, support and maintain a sufficient bridge at the place aforesaid for horses, cattle, carriages and passengers. And it is hereby further enacted by the authority Besides the rate aforesaid. That over and above the said rates and taxes works of drain- herein before authorized and directed to be raised, levied iug,tiie com- missioners or and received for the general works of draining herein be- the fourth dis- c J- 1 • 1 11 1 1 1 r 1 1 p 1 trict may make. tore airecte(i, it shall and may be lawful to and tor the another rate on commissioners for the time being of the said fourth dis- [^^^^^ ^ trict or division, or the major part of them, who shall be present at such yearly general meeting as aforesaid, then and there from time to time to assess, rate, tax and charge all and every the owner and owners, occupier and occu- piers of all and singular the lands and grounds situate and being within the said fourth district or division, by and with a further equal and proportionable yearly rate, tax or sum of money, at the discretion of the commis- sioners for the time being of the said last-mentioned dis- trict or division, or the major part of them that shall be present at any such meeting; so that such further or notexcoedin^ additional tax or sum of money do not exceed in any one the first tu-o " year, for the two first years, to be computed from the y^-irs, twenty-fourth day of June one thousand seven fiundred and fifty-four, two shillings for every acre of the land or ground within the said last-mentioned district (except as before excepted) and so that, after the ex[)iration of the said term of two years, such further or additional tax or sum of money do not exceed, in any one year, one shilling and l*. per acre for every acre of land or ground within the said last- ^^^"' mentioned district or division, except as aforesaid : and Theconunis- also, that it shall and may be lawful to and for the said fi"standUt()nd respective commissioners for the time beini' oi" the said «''>*''■"■'=« ""»y * '-' also make ti 2 o like rate. ^"* APPENDIX. first and second districts (ir divisions, or the major part of them respectively, who shall be present at any such yearly general meeting as aforesaid, then and there, from time to time, severally and respectively to assess, rate, tax and charge all and every the owner and owners, occupier and occupiers of all and singular the lands and grounds, situate and being within their several and re- spective districts or divisions (except as herein before is mentioned to be excepted) by and with a further equal and proportionable yearly rate, tax, or sum of money, at the discretion of the several and respective commissioners for the time being of and for the said last-mentioned districts or divisions, or the major part of them that shall be present at any such yearly general meeting as afore- not exceeding said ; SO that sucli further or additional tax, or sum of 1j. per acre. j .. j • u-n- r money, do not exceed m any one year one shilhng ror every acre of land or ground within the said last men- tioned two districts or divisions respectively (except as before excepted) ; which said additional rates or taxes, so to be severally and respectively taxed or assessed by the several and respective commissioners of the said three last-mentioned districts or divisions respectively as afore- said, shall be paid by the owners or occupiers of the lauds or grounds comprized in the said three districts or divi- sions respectively, to such person or persons, at such time or times, and in such manner and proportion as the re- spective commissioners for the time being of the said three districts or divisions respectively, or the major part of them that shall be present at any such meeting as aforesaid, shall, from time to time, severally and respec- tively order, direct or appoint the same ; and shall be applied and disposed of at the discretion of the several commissioners for each of the said three districts respec- tively, or the major part of them for the time being, pre- sent at their respective meetings, in or about the particular works, banks, drains, mills, engines and other matters APPKNDIX. 56S and things necessary for draining each of the said three districts or divisions respectively; and to or for no other use or purpose whatsoever. And it is hereby further enacted by the authority afore- The commis- said, That it shall and may be lawful to and for the said general'meet- commissioners in oeneral, or the maior part of them for '"S^niay order ■^ J r the drain from the time being, who shall be present at the said yearly or Story's Bar to 1 ■ I 1 • 1 "^ 1 • 1 North Eau any Other general meeting, to make and widen the said Gravel to be drain or dike from Story's Bar to or near North Eau cleansed, &c. Gravel, and, from time to time, to cleanse, widen, raise, strengthen, build, erect and support, or cause to be cleansed, widened, raised, strengthened,built, erected and supported, all such rivers, drains, outlets, dams, banks, bridges, mills, engines and other matters and things herein before-mentioned, and particniarly directed to be done by them, for draining the said lands and grounds, except as before excepted ; and also to take and use such earth and and to make ground near or adjoining to the said banks, as shall be strengthen the necessary for the makins:, raisinff, strengthenino: and ^^'^^^> making -'^ &5 a' o o satisfaction to maintaining thereof, as the said commissioners, or the the proprietors major part of them, who shall be present at any such yearly or other general meeting, shall think necessary and proper; paying such reasonable satisfaction to the person or persons who have a right to the soil through or upon which any such river, drain, outlet, dam, bank, mill or engine shall be made or erected, and for such earth and ground as shall be so taken as aforesaid, for the damages, he, she or they shall thereby sustain, as shall be agreed upon between the said commissioners, or the major part of them, who shall be present at any such general meeting, and the person or persons having such right as aforesaid ; and also, that it shall and may be lawful to and for the Snerso7the respective commissioners of the said three last-mentioned ^^^^'^^ last dis- tricts may districts or divisions, or the major part of them for the order tlic .• 1 • 1 1 11 I .^ . . I ■ .• banks, drains time being, who shall be present at their respective and other meetings, from lime to time, to cleanse, widen, make, cut, \V''"K''' "'/''<^"' " ' ' f ? > ' districts, to be ii () 2 repaired, &c. 564 AUPKNDrS, build, erect, and support, or cause to be cleansed, widen- ed, made, cut, built, erected and supported, all such banks, bridges, cuts, drains, dams, outlets, mills, engines and other matters and things within their said several and respective districts or divisions, for draining their respeclive lands and grounds, (except as before excepted) and conveying the waters thereof inlo the several rivers or drains herein before particularly allotted and appointed for conveying the waters of the siid three districts re- spectively to sea, as the said commissioners respectively, or the major part of them present at their respective meetings, for the time being, shall think necessary or proper, paying such reasonable satisfaction to the person or persons who have a right to the soil through or upon which any such cut, drain, dam, bank or outlet shall be made, or whereupon any such engines or mills shall be erected, for the damages he, she or they shall thereby sustain, as shall be agreed upon between the said commis- sioners respectively, or the major part of them present for the time being, and the person or persons having such right as aforesaid ; and if the said commissioners in general, or the respective commissioners for the three last- mentioned districts, or the major part of them present at their re- spective meetings, for the time being, and such person or Differences persons having right as aforesaid, cannot agree concern- concerning jj^~ ^jjg amount of such damages, then the same shall be damages to be o o ' settled by the assessed and adjudged by the justices of the peace, or the justices at tbeir . p i i • Quarter Ses- major part or them, at their next or any other general S10U8. Quarter Sessions of the Peace, to be holden for the Isle of Ely, or county where such damage shall be done, who are hereby authorized, im powered and required to ex- amine into, hear and determine the same; and the deter- mination which shall be so made by the said justices in their Quarter Sessions as aforesaid, shall be final and conclusive to all parties. The lands be- Provided always, and be it hereby further enacted and fore excepted. APPBNDIK, 565 declared by the authority aforesaid, That nothing in this not to be ex- act contained shall extend, or be construed to extend, to us'fof the'Jub! "ive the commissioners for putlina: this act into execu- lie drains of the *. . 1st, 2(1, and 4th tion, or any of them, any right^ power or authority to districts. exclude the herein before excepted farms, lands and commons, or any of them, by any dams or other works to be made, from the use of the several and respective pubHc drains hereafter to be made use of for the general draining of the first, second and fourth districts respec- tively. And it is hereby further enacted by the authority afore- Owners and said. That all owners and occupiers of lands lying and "andTlnThelst being within the said first, second and fourth districts or 2d, and 4th ... . . . . districts, to divisions aforesaid, shall, from tvme to time, and at all keep the divi- times hereafter, keep, or cause to be kept, all the outring sufficient depth, or division dikes or drains belonafinsr to them respectivelv. *°*! ^ feet wide, '^ ° r J f and well secur- of a sufficient depth, and of the breadth or wideness of ed, &c. nine feet at the least ; and shall also, from time to time, and at all times hereafter, cause the same drains or dikes to be well and effectually roaded, scoured and cleansed from weeds and other rubbish and obstructions, and cause bridges or tunnels to be laid therein where necessary, for the better issuing, running and conveying away the waters therein ; and if any such owner or occupier shall not, within fourteen days next after notice and direction to or for him or her given or left in that behalf, in writing under the hands of two or more of the commissioners for the district or division where such lands lie respectively, cause and procure such drains or dikes to be roaded, scoured, cleansed, deepened and widened respectively, and such tunnels and bridges to be laid in pursuance of and according to such notice and direction; the said and on neglect commissioners for the district or division wherein such |i,'is'j|joners"iuiiy work is directed to be done as aforesaid, or any two or act men to work thereon, more of them, shall and may, and they are hereby au- thorized and required to cause the same to be done in a 566 APPENDIX. and levy tlie charges by dis- tress and sale. The Duke of Bedford to cleanse and support the drains and other works in the third districts. Thomas Orby Hunter to cleanse and support the drains and other works in the fifth dirisiuD. proper and effectual manner, and by warrant under their hands and seals, or the hands and seals of any two or more oi' ihem, to authorize or impower their collector or collectors, or any other person or persons, to levy and raise the charge and expence of doing thereof, by distress and sale of such goods and chattels as shall at any time thereafter be found on the lands or grounds to which such drains or dikes, bridges or tunnels, shall appertain or belong ; rendering the overplus, if any, to the owner or owners thereof. And whereas the said John Duke of Bedford is sole and absolute owner and proprietor of all the lands and grounds comprized in the said third district or division ; now it is hereby further enacted by the authority afore- said. That it shall and may be lawful to and for the said John Duke of Bedford, his heirs and assigns, from time to time, to cleanse, widen, make, cut, build, erect and support, or cause to be cleansed, widened, made, cut, built, erected and supported, all such banks, cuts, drains, dams, outlets, mills, engines and other matters and things, within, upon, and through the said third district or divi- sion, for the draining and deferiding the same, and con- veying the waters thereof into the several rivers or drains herein before particularly allotted and appointed for con- veying the waters of the said third district to sea, as the said John Duke of Bedford, his heirs or assigns^ shall think necessary or proper. And whereas the said Thomas Orby Hunter is lord of the manor of Crowland, and owner and proprietor of all the lands and grounds comprized in the said fifth district, except about four hundred acres which are the property of Beverley Butler, Esq. and eighteen acres of land held by the parson of Crowland for the time being, and four acres called Place Yard ; but all which lauds so excepted cannot be drained according to the intention of this act, but through some of the drains, banks or works belonging APPENDIX. 567 to the said Thomas Orby Hunter; now it is hereby fur- ther enacted b}' the authority aforesaid, That it shall and may be lawful to and for the snid Thomas Orby Hunter, his heirs and assigns, from time to time, to cleanse, widen, make, cut, build, erect and support, or cause to be c]eansed, widened, made, cut, built, erected and sup- ported, all such banks, cuts, drains, dams, outlets, mills, engines and other matters and things, within, upon and through the lands and grounds within the said last- mentioned district or division contained, for the draining and defending the same, and conveying the waters thereof ipto the several rivers or drains herein before particularly allotted and appointed for conveying the waters of the said fifth district to sea, as the said Thomas Orby Hunter, his heirs or assigns, shall think necessary or proper ; except within, upon or through the lands of Exception, the said Beverley Butler, unless the consent of the said Beverley Butler, or of him, her or them to whom the freehold inheritance, remainder or reversion of that his estate, shall hereafter of right come, belong, or appertain, be first had or obtained in writing, for the doing any work or works whatsoever thereon. i\nd further it is hereby enacted and declared. That it BererleyBut- shall and may be lawful to and for the said Beverley and^upporra Butler, his heirs and assi";ns, to erect and support upon ™'*^ ^^'^ draia- . I r 1 ing the waters the south part of his said four hundred acres before- from tiie mentioned, one mill for the better draining the waters fn^^to him.*^°° therefrom through Dowsdale Bank into the said river Old South Eau, if the said Beverley Butler, his heirs or assigns, shall think proper. Provided always nevertheless, and it is hereby enacted Tlie waters of and declared, That no cut, river, drain or outlet, mill, SMo'be'" engine or other device, shall be made, cut, set up, used, conveyed into , / 7 I » J jjjg rivers or or employed for the throwing, draining, or conveying drains allotted .1 ^ ,. . • 1 1 ■ • 1 • . . .for that pur- away the waters ot any particular district or division, by pose. virtue of or under the authorities aforesaid, but such only 568 APPKNDIX. Proviso with respect to the lieiglit of the waters in the river of the Old South Ean. Engines erect- ed contrary to the above proviso, may be stopped. Tenants to pay the rates, as shall lead, throw, or convey the waters of each district or division respectively into the particular rivers or drains herein before particularly allotted and appointed for the conveying the waters of each of the said five districts or divisions respectively, into and through Shire Drain to sea. And that no mill or mills, engine or engines, or other device, shall be worked, used, or employed for the throwing of the waters from any of the said districts or divisions, at any time or times when the waters in the said river Old South Eau shall be more than four feet above the level of the soil in the North Level near the said river, opposite to Whaploade Common. And it is hereby further enacted and declared, That if any mill or mills, engine or engines, or other device, shall be worked, used or employed for the throwing, draining, or conveying away the waters from an}' particular district or division, contrary to the proviso herein before last contained, it shall and may be lawful to and for the com- missioners for putting this act into execution, or any two or more of them, upon proof thereof on the oaths of two or^more credible witnesses (which oaths any two or more of the said commissioners are hereby impowered to ad- minister) by warrant under their hands, to order and cause the going or working of all and every such mill and millsj engine and engines, or other device, to be stopped and discontinued till the waters in the said river Old South Eau shall be so abated as not to be four feet above the level aforesaid; and when and so soon as the waters shall be so abated, it shall and may be lawful to and for the commissioners for putting this act into exe-^ cution, or any two or more of them, and they are hereby authorized and required to give authority, under their hands, for the working of the mill or mills, engine or engines, that shall have been so stopped as aforesaid. And, to the end the said rates and taxes may be more easily and effectually collected and received, be it fur-^ APPENDIX. 569 ther enacted by the authority aforesaid, That all and every the tenants and occupiers of the lands and grounds which shall be assessed or rated by virtue of this act, shall be and are hereby required and made liable to pay all and every such sum and sums of money as shall be so assessed and rated upon the lands and grounds in their respective occupations; and in case of such payment by and such as are any tenant or tenants, who shall hold the lands or ^a^y deduct the grounds by him or them occupied at a rack-rent, such same, tenant or tenants so holding his or their lands or grounds at a rack-rent, shall be at liberty, and are hereby im- powcred to deduct and retain out of his or their rent all such rates, taxes, or sums of money as they shall so re- spectively pay as aforesaid ; and the several and respec- tive landlords or owners of such lands or grounds, are hereby required to allow such deductions and payments upon the receipt of the residue of their rents ; and all and every tenant and tenants so holding at a rack-rent, and paj'ing such assessment or rate, shall be acquitted and discharged from and against his, her, or their land- lord or landlords, of and from so much money as the assessments or rates by him or them so paid as aforesaid shall amount unto, in as full and ample manner as if the same had been actually paid to his, her, or their land- lord or landlords. Provided always, and it is hereby enacted and de- The deduction clared by the authority aforesaid. That no lessee or ten- g^t^ un^gr ant of any lands or grounds charged with the said taxes, ^J'shops' leases, ^ &c. who shall hold the same by virtue of, or under any lease from any bishop or collegiate church or college, or any ecclesiastical corporation, sole or aggregate, or the trustees of the charity of Peterborough, or other bene- ficial lease whatsoever, shall be intitled to deduct the taxes chargeable by this act out of the rent reserved and payable by any such lease to his, her, or their landlord or landlords; but the said taxes shall be ehargod upon, 570 APPBNDIX. Rents may be levied by dis- tress aud sale. borne, and paid by the lessees or tenants so holding such lands or grounds under any such lease as aforesaid; any thing hereafter before contained to the contrary thereof notwithstanding. And be it further enacted by the authority aforesaid, 7'hat if any person or persons shall refuse or neglect to pay the respective rates, taxes, or sums of money, which shall be taxed, charged, or assessed upon him, her, or them, or the lands or grounds in his, her, or their posses- sion or occupation, by virtue of and under the powers and authorities of this act, within twenty-one days next after the same shall become due and payable, and de- mand made thereof by the collector or collectors ap- pointed to receive the same, at the lands or grounds charged therewith, or the dwelling-house of the tenant or occupier thereof, it shall and may be lawful to and for such collector or collectors, or for any other person or persons, by virtue of any warrant or precept, under the hands and seals of any five or more of the said commis- sioners (which said warrant or precept such commis- sioners, or any five or more of them, are hereby im- powered and required, from time to time, to make, as occasion shall require) to enter into and upon the lands or grounds so rated and taxed as aforesaid, in posses- sion of such person or persons as shall so make default in payment as aforesaid, and all messuages or tenements thereupon standing, or thereunto belonging, with the appurtenances, and to levy the sum or sums of money by him, her, or them payable for such rate or tax, by distress of the goods and chattels which shall be found on the premisses so charged with any such rate or tax in arrear as aforesaid ; and in case no sufficient distress can be found on the premisses, it shall and may be lawful to and for such collector or collectors, or other person or persons, by virtue of such warrant or precept as afore- said, to levy all arrears of the said taxes, by distress of APPENDIX. 571. the goods and chattels of the person or persons so mak- ing default in payment as aforesaid, which shall be found in any other place within the kingdom of Great Britain, and the goods and chattels so distrained to impound on the premisses, or take, lead, drive^ carry away, and keep for the space of five days, at the costs and charges of the owner or owners thereof, leaving at such messuage or tenement, grounds or premisses, notice in writing of the cause of such distress ; and if the owner or owners of the goods and chattels so distrained shall not pay the sum or sums of money so assessed or rated, and in arrear as aforesaid, with all charges attending such distress, or re- plevy the goods and chattels so distrained, with sufficient sureties to be given to the sheriff of the county, or high bailiff of the Isle of Ely, according to the laws now in being for distresses in cases of non-payment of rent within five days next after such distress made, and Distress may , J, . r • 1 1 be sold withia notice thereoi given as aforesaid, the person or persons gyedays. 80 distraining shall and may, with the sheriff or under- sheriff of the count}^ bailiff of the Isle of Ely, or consta- ble or headborough of the parish where such distress shall be made (who are hereby required to assist therein), cause the goods and chattels so distrained to be ap- praised by two or more indifferent persons, to be sworn by such sheriff, under-sheriff, bailiff, constable, or head- borough, (who are hereby impowered to administer such oath) to appraise the same according to the best of their judgment; and after such appraisement, it shall and may be lawful to and for such collector or collectors, or other person or persons making such distress, to sell the goods and chattels so distrained for the best price that can be got for the same, for and towards satisfaction of the monies for which such distress shall be so made, and the charges of taking, keeping, appraising, and selling the goods and chattels so distrained, leaving the overplus, if 5/2 APPENDIX. any, in ihe haiids of such sheriff', under-sheriff, bailiff, constable, or licaJborougb, for the owner's use. If the lands Provided always, and it is hereby enacted and declared, nanu-d^ "mrno 'That in casc any of the said lands and grounds shall, at distress can be any time hereafter, be untenanted or unoccupied, so that had, the lands to remain as ft no sufficient distress can be found for levying the said ratcs!"^ ""^^'^ rates and taxes, then the lands and grounds chargeable therewith, shall always remain a security for jjayment thereof; and all goods and chattels, which shall at any time thereafter be found thereon, shall and may be dis- trained, impounded, kept, appraised, and sold in manner aforesaid, until all arrears of the said rates and taxes, and the charges of such distress, shall be fully paid and satisfied. And forasmuch as the monies so to be yearly rated, levied, and collected in pursuance of this act, will not at present be sufhcient for answering the charge and ex- pence of the said general works of draining and preserv- ing the said lands and grounds, and other the purposes aforesaid ; and for defraying the reasonable charges in Tlie sum of ^n^ about the passing this act; it is hereby further en- 14000/. maybe ^^ted bv the authority aforesaid. That it shall and may raised by an- -^ "^ _ _ •' unities, to an- be lawful to and for the said owners or occupiers of the mediate ex- said lands and grounds comprized within the said several ?n"^tbe'lands°" ^"^ respective districts or divisions, or any of them, or for any other person or persons, to advaace and pay to the said commissioners, or their treasurer for the time being, any sum or sums of money, not exceeding in the whole the sum of fourteen thousand pounds, for the absolute purchase of any certain annuity or annuities, to be paid and payable during the term of thirty years, or for the life of any single person, as the said commis- sioners, or the major part of them, for the time being, who shall be present at their said yearly or any other general meeting, shall, from time to time, think fit; to APPENDIX. 573 commence respectively from the respective times such money shall be paid or advanced, and to be computed at such rate or rates as shall be agreed on by the said com- missioners for the time being, or the major part of them, who shall be present at such yearly or any other general meeting as aforesaid, with the person or persons paying or advancing such money, so as the rate or rates so to be agreed on for any such annuity or annuities for thirty Annuities for , 1-1 ,' thirty years not years, cIo not exceed six pounds per annum ror any sum to exceed 6/. of one hundred pounds, and proportionably for any f^e^ yT '^ r^ci^ut greater or less sum ; and so as the rate or rates so to be agreed on for any such annuity or annuities for the single life of any one person do not exceed seven pounds per centum per annum, and proportionably for any greater or less sum ; and the purchase money for every such annuity, at the rate aforesaid, is hereby appointed to be paid to the said commissioners, or their treasurer for the time being, at such times also as shall for that purpose be agreed on by and between the said parties: all which annuities shall be paid and payable to the pur- chasers of the same, their executors, administrators, or assigns, by even and equal half-yearly portions ; the first payment thereof to be due at the end of six calendar months from the time of paying the purchase money for the same. And, to the intent the said annuities may be effec- Annu'.ties to be tually secured, and duly and regularly paid, it is hereby rafe?' '' °" ^'"^ lurther enacted by the authority aforesaid. That the said commissioners, or any ten or more of them, for the time being, may and shall, at any of the said general meet- ings, by proper instruments or deeds, under their respec- tive hands and seals, grant such annuities, to be issuing out of the said yearly rates or taxes, or any [>art or parts thereof, for stu'h principal sums as shall be so advanced as aforesaid (the charge of such grants to be borne; and l)aid out of tliL- said taxes) ; and all such antiuilies shall and to hp tax- free. 574 APPENDIX. be free and exempt from all parliamentary and other taxes, duties and assessments whatsoever. Ifitshaiibe Provided nevertheless, and it is hereby further enacted, thoiight more . , . advisable, That if the said commissioners, or the major part of them, commissioners c .-i .- i- tin, i may borrow *°'' ^'^^ ^^^^ oemg, who shall be present at any such money at au creneral meetinsT as aforesaid, shall, instead of sfrantine interest, not to ° ^ ' too exceed 5/. per such annuities as aforesaid, iud2;e it more adviseable to cent. 'JO borrow money for the purposes aforesaid, repayable with interest, at times to be agreed on ; or shall think it pro- per to grant annuities in part, and borrow money in other part, for the purposes aforesaid, then it shall and may be lawful to and for the said commissioners, or the major part of them, for the time being, who shall be present at any such general meeting as aforesaid, to borrow, take up and receive any sum or sums of money that they shall think proper, and to mortgage, charge, assign and con- vey or incumber the said rates or taxes, so to be assessed and levied for the said e;eneral works of drainins; as aforesaid, or any part or parts thereof, with and for the re-payment of the sums so borrowed, with such interest, at such times, and with such provisoes, and conditions of redemption, as shall be agreed on ; so, nevertheless, that the principal money so to be borrowed, together with the money received for the purchase of any annui- ties, shall never exceed in the whole the principal sum of fourteen thousand pounds, and so as the interest for the monies, so to be borrowed by way of mortgage as afore- said, do not exceed the rate of five pounds per centum per annum. Monies bor- ^nd jt is hereby further enacted and declared. That all applied in the and every sum and sums of money which shall be raised, asThe'rates!'^ borrowed or received, by the said commissioners, or any of them, or their treasurer or treasurers, for the purchase of any such annuity or annuities, or by way of loan or mortgage as aforesaid, shall be applied and disposed of in such and the said manner, as the rates and taxes to APPENDIX. 575 be assessed and levied by virtue of and under the autho- rity of this act, for the said general works of draining, are or ought to have been applied and disposed of, in case no such annuity had been granted, and no such mortgage made. And it is hereby further enacted and declared, That The rates to be 1 , » , applied in the tne rates, taxes and sums or money liereby enacted to be first place, in paid for the said general works of draining, by the owners P'^y^^f."'^ of ' ~ o' J annuities, and or occupiers of the lands, grounds and premisses afore- mortgages, and , ^ , ^^^ interest said, or such part or parts thereof, as shall be particularly thereof. charged or incumbered as aforesaid, shall be charged and chargeable, in the first place, with and for the payment of such annuities, and all arrears thereof, and of such mortgage monies, and the interest thereof, from time to time; and shall vest in the respective annuitants and mortgagees, upon default of payment of such annuities, and mortgage monies and interest, until the same shall be fully paid and satisfied, together with the costs and charges occasioned by the non-payment of the same; and the said annuitants and mortgagees respectively, their respective executors, administrators, and assigns, shall have the same power, rights and privileges, of rais- ing and recovering the taxes and sums of money, pay- able by the owners or occupiers of the said lands, grounds, and premisses aforesaid, for and in respect of the said annuities, and mortgage monies, and interest, in case of default of payment thereof, as the said commis- sioners or their collectors could have had, in case the said annuities and mortgage monies had been regularly and fully paid and satisfied. And it is hereby further enacted. That the said annul- Annuities lies shall be deemed personal estates ; and that the same son-iTestatcs annuities, and the said mortgages, and mort^aiijc monies, ""'' ti'^y ind ^ >=> * » » * tlie mortgages bhall and may be assignable or transferrable by indorse- may be mcnt on the original grant or security thereof, or other- " ^ wise, wiljjout stamp, to any [)erson or persons whatsoever; 576 APPENDIX. and the per^oii or persons to whom such transfer or assignment sliall be made, from and after the time that the same is entered in a book or books to be kept for that Fee for enter- purpose, as jiereinafter is directed (which entry is hereby ingofassign- • , . i , . i i • i ments. required to be made upon request, and producmp; such assignment, and paying two shillings and six pence for every such entry) shall be well and sufticiently inlitled to such annuity or annuities, mortgage monies, and interest, and all the monies due and to grow due thereon. Assignees may ^jj^j jj- jg hereby further enacted, That such assignee assign again _ •■ _ _ _ toties fjuotits. or assignees, and every after assignee and assignees, shall and may in like manner, by indorsement or otherwise, without stamp, assign and make over such annuity or annuities, mortgage or mortgages, and mortgage-monies, so assigned as aforesaid, and so toties quoties, as occasion shall require; every such assignment being entered in such book as aforesaid. Books to be ^^d it is hereby further enacted by the authority afore- provided for , '' ^ '' '' entering the Said, Thai the said commissioners shall cause proper rowed &c. the t)ooks to be made, and kept by their clerk or clerks, parlies auJ treasurer or treasurers, for the time beinsj, for the resiis- dates. ' ^' ^ tering all sums of money which shall be paid and ad- vanced for the purchasing such annuities, or by wa}' of loan or mortgage as aforesaid ; wherein the said com- missioners shall, from time to time, cause due and regular entries to be made of the sums paid or advanced, the times when paid, and the names of the persons paying the same, and the annuities or rates of interest payable for or in respect thereof; and also the dates of all assignments thereof, and the persons names to whom assigned ; and also the times when any such annuity shall determine, or any such principal sum shall be paid off and discharged. Forty commis- Provided always, and it is hereby further enacted and sioners to be declared. That no sum or sums of money whatsoever shall present ana ' •' consenting at ^e agreed for, taken up, or borrowed, for the purchase of tlie borrowing , • , p , c of money, &c. any such annuity, or by way or loan or mortgage as arore- APPENDIX. 577 L.tl, bv the saiil commissioners at any such nicetiug as aforesaid, unless forty commissioners at least shall be then and there present, and consenting and agreeing thereto ; and that no Inrther or greater sum or sums of money shall be so agreed for, taken up, or borrowed, by the said commissioners, or any of them, at any one meeting, than the sum of four thousand pounds in the whole. Provided always, and it is hereby further enacted and When the declared by the authorit}' aforesaid. That when and so jj^ determined soon as all the annuities which shall be y;ran led under the rates may " be reduced. the powers and authorities aforesaid, shall be determined, and all airears thereof paid, and all the monies which shall be borrowed under the powers aforesaid, and all interest due for the same, shall be paid off" and satisfied, it shall and may be lawful to and for the said commis- sioners in general, or the major part of them, who shall be present at their said yearly general meeting, on the said first Monday in July, and tiiey are hereby authorized and impowered, from time to time, to lessen arjjd reduce the rates and taxes which shall be rated or assessed for the said general works of draining, in pursuance of this act, to such sum or sums of mone}', and in such manner, as the}^ or the major part of them, who shall be present at such yearly general meeting, shall, from time to time, think proper; any thing herein before-mentioned to the contrary notwithstanding. And be it further enacted by the authority aforesaid, Adjonrnments That the said commissioners in general for the time ofconimis-^^ being, or the major part of them, wh(j shall be present at siouers. any such yearly or other general meeting, shall and may from time to time adjourn themselves to meet at such other time or times, at the same place, as they, or the major part of them present, shall think fit; and the said commissioners also shall and may meet at any other lime, for putting this act in execution, as often as shall 'Z 1' 678 AI'PENDIX. Commissioners to give orders for manage- ment of the M'orks, and enter into contracts. and appoint officers with salaries ; be neceseary, or required by any five or more of the said commissioners ; fourteen days notice being given of every such meeting in the Cambridge and Stamford weekly newspapers, so long as any such newspapers shall continue to be published, and in some one or more of the evening posts published in London. And be it further enacted and declared by the authority aforesaid, That the said commissioners in general, or the major part of them^ who sliail be present at the said yearly meeting on the said first Monday in July, or at any other general meeting to be had by adjournment, or otherwise, in pursuance of the power aforesaid, are hereby im powered to make and give such rules, orders, and directions, for the better and more orderly management of the general works of draining, herein before particu- larly directed, and every thing relating thereto; and to make and enter into such contracts for the performance of any such work or works, and for supplying materials for the same, as they, or the major part of them present, in their discretions shall think proper; and also at any such 3'early general meeting, on the said first Monday in July, to name and appoint a secretary or clerk, and one or more treasurer or treasurers, and one or more surveyor or surveyors of their works, and one or more collector or collectors, receiver or receivers, of the said rates and taxes, an officer to be resident at Clows Cross herein after- mentioned, and such other proper officer or officers as they shall think needful for the taking care of such works, and for collecting, receiving, and safe keeping the rates and taxes so to be assessed and levied as aforesaid; and to allow and appoint, to be paid to such officers out of the said rates and taxes, such yearly or other wages, salaries, and rewards for iheir trouble and pains in their respective offices, as the said commissioners, or the major part of them that shall be present at any such yearly general meeting, shall think reasonable and proper; and APPKNDIX. 579 also for the said commissioners, or the major part of them, who shall be present at any general meeting to be had by adjournment, or otherwise, from time to time, to re- move and displace all or any of the said officers, and and may re- appoint others in their places or steads, as often as they shall see cause : and all and every such treasurer or trea- surers, and collector or collectors, receiver or receivers, so to be appointed as aforesaid, before they shall act in the execution of their several offices, shall give security to Officers to giro the said commissioners, or any five or more of them, in ^^'^""^y- trust for the purposes aforesaid, for the due execution of their respective offices and trusts, as the commissioners, or the major part of them who shall be present at any such general meeting, shall in their discretions think fit; so that the security to be given by every such treasurer be not for less than one thousand pounds for himself, with two sufficient sureties, in the penalty of five hun- dred pounds each ; and so that the security to be given by every such collector or receiver be not for less than three hundred pounds for himself, with two sufficient sureties, in the penalty of one hundred pounds each. And to the end that it may appear, from time to time. Accounts to be what money hath been raised, levied and collected for |^''P'^ ^^ t^^ •> assessments, the said general works of draining by virtue of this act, receipts, and 111 r ^ expenditures, and how the same hath been applied ; be it further en- acted by the authority aforesaid, That the commissioners apj)ointed to put this act in execution shall cause one or iiK^re fair and regular book or books of assessment of the -aid rates and taxes, so to be assessed for the said general works of draining, and one or more fair and regular book »r l)ooks of receipts of the money which shall arise and received therefrom, and of the disbursements thereof <■' l>e provided and kept by their treasurer or treasurers, 'Hectors or other officers; wherein shall be fairly and ;ularly entered all and every sum and sums of money hat shall be assessed, collected or received, by virtue of C P '2 580 APPKNDIX. or under ihe aulliority of this act; and how, when, to whom and lor what the same, or any part thereofj^^^has been paid, applied or disposed of. Copies of the And, to the end, that the said accounts may be fairly (lelivprcd to the examined; be it further enacted by the authority afore- commissioncis gj^jj 'fjiat once in every year, on the day herein before at Ihcir yearly ' • j ' j general meet- appointed for the said yearly general meeting, the trea- °' surer or treasurers, collector or collectors, or receiver or receivers for the time being, of the said rates and sums of money so to be raised as aforesaid, for the said general works of draining, shall attend and deliver to the said commissioners, at their said yearly general meeting, true copies of their several books of account of the receipts and disbursements of all such suras of money as shall have been collected or received by them respectively, by virtue of this act, from the first Monday in July then next before to that time; and the said commissi.oners, or the major part of them, who shall be present at such yearly general meeting, shall then and there yearly elect and choose, nominate and appoint, a committee of ten at committee to least oF the said commissioners, whereof two at least shall eSnirseule ^^ out of each of the said five districts, to examine, settle aud report the j^j^^j adjust the said accounts, and report their opinion same. ^ , • , • • thereof to the said commissioners, at any subsequent general meetino;; and the treasurer or treasurers, and collector or collectors, or receiver or receivers, of the said rates and sums of money so to be raised as aforesaid, for the said general works of draining, are hereby recjuired to attend the committee so to be appointed, or any five or more of them, with their several books of account of the receipts and disbursements aforesaid, and all vouchers for the same, at such limes and places as the said com- mittee, or any five or more of them shall appoint; and such accounts and vouchers being considered and ex- amined by such committee, and oath being made of the trulh thereof by such treasurer or treasurers, collector oi APPENDrx. 581 collectors, receiver or receivers respectively (which oalli any two of the said conimitlee are hereby impowered to administer; shall be certified and reported by such com- mittee or any five or more of them, with their opinion thereof, to the said commissioners, at any subsequent general meeting ; and the commissioners, or the major part of them, who shall be present at any such general meeting, are hereby Empowered to allow and pass such accounts, or such part or parts of the same as they shall see just and reasonable; and all such account or accounts Copies of the of such part or parts of them, as shall be so allowed and Lssed to be passed by the said commissioners, shall be fairly entered entered m two I , •'or more sets of in two or more several sets of books to be kept for that books, &c. purpose ; one set whereof shall be kept with the said commissioners, or their treasurer, for the time being ; and another set ihereof in a chest to be kept in the Abbey House inThorney aforesaid, under the care of the steward of hjs Grace the Duke of Bedford, his heirs or assigns, for the time being : and the said books shall and may be inspected and perused, and extracts taken there- fr(jm, at any time, at seasonable hours, by and at the request of any of the owners or proprietors of any part of the said lands and grounds which shall have been rated or taxed in pursuance of this act, paying one shilling for everv such inspection. And it is hereby further enacted by the authority Collector to aforesaid. That all and every collcclor and collectors of Jnonies^to the the said rates and taxes, so as aforesaid to be assessed treasurer. for the said general works of draining, shall, from time to time, pay over all and every sum and sums of money which he and they shall, froni time to time, collect and ' receive, for or on account thereof, unto such person or persons as shall be appointed treasurer or treasurers to I he said commissioners lor the time being, at least twice in every year, in such manner as the said comu)issioners i'or the liuic being, or the major part of them that shiJl 582 APPENDIX. Collectors or treasurers re- fusing to ac- count or pay over the mo- nies in their hands, to be committed, Meetings and adjournjneuts of the commis- sioners for the 1st, '2d, and 4th districts. be present at any general meeting, shall order, direct and appoint. And it is hereby further enacted by the authority aforesaid, That if any such collector or collectors, trea- surer or treasurers, shall neglect or refuse to account for any sum of money by him or them collected or received in pursuance of this act, to the said commissioners, or any ten or more of them, or to pay over the balance which shall appear to be remaining on account thereof, in his or their hands, to such person or persons as the said com- missioners, or any ten or more of them, shall, by writing under their hands, authorize and impower to receive the same ; then, and in such case, it shall and may be lawful to and for any two or more justices of the peace of and for the said counties of Northampton, Lincoln and Cambridge, and the Isle of Ely, respectively, at a special sessions to be held for the same, to enquire of and con- cerning such neglects, refusals, non-payments and of- fences ; and if any such collector or treasurer shall be convicted by the said justices of any such neglect, refusal, non-payment or offences, then the said justices shall, upon such conviction, commit such collector or treasurer to the common gaol of the said counties, or isle, respectively, there to remain without bail or mainprize, until he or they have made a full, true and perfect account and payment as aforesaid. And be it further enacted by the authority aforesaid, That the several and respective commissioners for the said first, second and fourth districts or divisions, or the major part of them, who shall be present at the said yearly general meeting, or at any other meeting to be had by the commissioners of the said three last-mentioned districts respectively, shall and may, from time to time, adjourn themselves to uieet at such other time and times, and place, within or near their respective districts, as they, or the major part of them present, shall thiuk fit; and AI'PKNDIX. 583 the commissioners for the said three last-mentioned dis- tricts shall also and itiay, severally and respectively, meet at any other time and place, within or near their respec- tive districts, for putting in execution the powers hereby vested in them respectively, within their said several and respective districts, as often as shall be necessary, or required by any two or more of the said commissioners respectively, seven days notice in writing being given of every such meeting, at the respective places herein after appointed for the election of the commissioners for the said three last-mentioned districts or divisions respec- tiveh' ; and the several and respective commissioners for Their accounts the said three last-mentioned districts or divisions, or the and orders ' major part of them respectively, who shall be present at luaJeforthc •J i I J I application oi any such meeting as aforesaid, are hereby impowered to the additional ,.,,,. . , , taxes, and audit and settle their respective accounts, and to make officers, to be and give such rules, orders and directions, for the better ^PPO'"*^''' and more orderly management of the money to be raised by the further or additional taxes herein before autho- rized to be raised within the said three districts respec- tively, and to name and appoint such collectors and other olticers for collecting and keeping the same, and taking care of their particular and respective works, as the said comajissioners respectively, or the major part of them present, shall in their discretions think fit. And lor the preventing the damming np, stopping, Persons con- ihrowing down, burning, demolishing, destroying or jil!jo*ifshfde- damairin"; any of the rivers, drains, watercourses, banks, stroyinnror J 11 1 damaging any mills, engines, flood-gates, sluices, doors, dams, bridges, of the works, or other works already made or erected for or towards *°^" crdeat ; draining the lands and grounds contained within the said several districts and divisions, or any of them, or here- after to be made, erected, supjjorted or maintained for the purposes aforesaid, by virtue of or under the powers and authorities of this act ; it is hereby enacted by the autho- rity aforesaid, That if any person or persons shall, at any 584 APPENDIX. and convicted of stopping up, &c. any river or drain. to forfeit iOO/. Commissioners to maintain the banks of Sliire Drain, time hereafter maliciously cut, break down, burn, demo- lish or destroy any bank, mill, engine, flood-gate, or sluice already made or erected, or which shall at any time here- after be making or erecting, or made or erected, supported or maintained, for answering the purposes aforesaid, every person or persons so offending, being thereof convicted, shall be guilty of felony, and shall suffer death as felons, without benefit of clergy : and if any person or persons shall at any time hereafter maliciously stop, dam up, de- molish, damage or destroy any river, drain, watercourse, door, dam, bridge, or other work or works already made or erected, or which shall at any time hereafter be making or erecting, or made or erected, supported or maintained for answering the purposes aforesaid, every person or persons so offending, being thereof convicted before any two or more justices of the peace for the counties and isle aforesaid, or either of them, who are hereby required to hear and determine the same, on the oath of two or more credible witnesses, shall forfeit the sum of one hundred pounds to the said commissioners, their successors, heirs or assigns, to be applied for the respective purposes to which the said rates and taxes are thereby directed to be respectively applied ; and in default of paj'meut thereof, the person or persons so offending shall be sent to the House of Correction of the county or isle where such off'ence shall be committed, there to be kept to hard labour for such time as such justices shall order and direct, not exceeding six months. Provided always, and it is hereby enacted and declared by the authority aforesaid. That the commissioners for the time being, for putting this act in execution, shall at all times hereafter make, support and maintain the banks of Shire Drain aforesaid, in as good and substantial plight and condition as the best part of the banks of the said river Old South Eau, within the North Level, now are, or at any time hereafter shall be made, supported and APPENDIX. 585 maintained; and shall also at all times hereafter make, support and maintain the sluice, flood-gates and doors at Clows Cross aforesaid, of such sufiicient strength and and the sluice ... . 1111111 at Clows Cross. condition as to stop, resist and uphold the land-vvaters^ in case any breach or overflowing of the banks of Shire Drain aforesaid shall at anj' time happen, by means of such land-waters. Provided also, and it is hereby further enacted and In case the declared by the authorit}^ aforesaid, That if at any time Drain shall be hereafter anv breach or overflowing: of the banks of Shire ^'"'^'^'^^ ^^ ^ overflown. Drain aforesaid shall happen by means of the land-waters running out of and off the North Level aforesaid into Shire Drain aforesaid ; then and in such case, upon notice given to an officer, to be appointed by the said commissioners for that purpose, and to be resident at the Clow aforesaid, by any owner or proprietor of lands within the hundred of VVisbich in the said isle of Ely and county of Cambridge, or within South Holland in the county of Lincoln, the flood-gates or doors of Clows Cross aforesaid shall be immediately shut down by such officer; and in case of such officer's absence from his the floodgates said place of residence, and in default of such officer's ^^ be^slmt"^" shutting down the said flood-gates or doors immediately •^0^°- after such notice, it shall and may be lawful to and for such owner or proprietor, who shall so give notice as aforesaid, to shut down the same, or cause the same to be shut down ; and the said doors or flood-gates, when so shut down, shall continue shut until such breach of bank or overflowing shall be repaired, stopped or discon- tinue ; an}' power or powers now vested in any person or yjersons, body corporate or bodies corporate, to the con- trary thereof in any wise notwithstanding. Provided also, and it is hereby further enacted and Commissioners declared by the authority aforesaid. That nothing herein luy oSicr"^'"' contained shall extend, or be construed to extend, to give i'^^*^*" '^'''" " Shire Drain or 586 APPKNJ)1X. OldSouthEuu any fuitlier or greater power to the commissioners for River, than the ^. ^,. ^ . ^. r-.i conservators putliiii^ this act itiio execution, or any or them, in or over havean-bt to Shire Drain aforesaid, or the said river Old South Eau, use. ' or the lands and grounds adjoining thereto, or for the making or erecting any works in or about the same, or other or larger power whatsoever over the said drain (except as aforesaid) than the said governor, bailifis and commonalty of the company of conservators of the Great Level of the Fens now lawfully' may have and use ; or to take away from any person or persons whatsoever any right or rights they now lawfully may have in and over the said drains, or either of them ; any thing herein con- tained to the contrary thereof notwithstanding. Conservators Provided also, and it is hereby further enacted and any power over declared by the authority aforesaid. That the said the commis- governor, bailiffs and commonalty of the company of sioners or the ° ^ i ^ works, conservators of the Great Level of the Fens aforesaid, shall not, at any time hereafter, have, use or exercise any power, jurisdiction or authority whatsoever, over the commissioners named and appointed, and to be named and appointed, elected and chosen for putting this act in execution ; or in or over any part of the lands and grounds comprized in any of the said several districts or divisions, or in or over any river, drain, bank, sluice, engine or other work, already made, or hereafter to be made, by virtue of and under the authority of this act, within any of the said several districts, for the purposes other than over herein before mentioned, other than and except the the works put , i • , /• i , i i • i under their works herein berore placed under the particular care, particu ar care. ji^anagemenL and direction of the said governor, bailiifs and commonalty, and except the powers and authorities vested in the said governor, bailiffs and commonalty, by the said acts of the fifteenth and twentieth years of King Charles the Second, or either of them, for levying, re- covering and receiving the taxes chargeable by virtue of APPENDIX. 587 the said acts of parliament, or one of them, herein before directed to be received and applied by the said corpora- tion, in manner herein before mentioned. Provided also, and it is hereby further enacted and Limitation of , , , , , , . (. . ■, rr, , . . , . commissioners declared by the authority aforesaid, lliat nothing in this power over act contained shall extend, or be construed to extend, to g^^'!*^^ give to the said commissioners for putting this act into execution, or any of them, any power or authority in or over the bank called Dovvsdale Bank (being that part of the bank herein before described to be the north-east and north bank of the river Old South Eau, which reaches from Crowland town to Dowsdale) other than and ex- cept the power hereby given to the said commissioners of raising and strengthening the said bank, from time to lime, according to the dimensions prescribed by this act; but that, subject to the aforesaid power of raising and strengthening the said bank, the said Thomas Orby Hunter, his heirs and assigns, shall continue in the pos- session, usage and disposal of the said bank called Dowsdale Bank, according to the full intent and mean- ing of the proviso made in that behalf in the said act of parliament made and passed in the fifteenth year of King Charles the Second, in as full and ample manner, to all intents and purposes, as if this act had never been made; any thing herein contained to the contrary thereof in any wise notwithstanding. Provided also, and it is hereby further enacted and andoversuch declared by the authority aforesaid, That nothing in this south r.au as act contained shall extend, or be construed to extend, to ''^s ^ tlie said district ; give to the said commissioners for putting this act into execution, or any of them, any power or authority in or over such part of the south bank ot" the said river Old South Eau as is included in the said third district or division, other than and except the power hereby given to the said commissioners of raising and strengthening the said bank, from time to time, according to the diraen- 588 APPENDIX. sions prescribed by this act; but that, subject to the aforesaid power of" raising and strengthening the said bank, the said John Duke of Bedford, his heirs and assigns, shall continue in the possession, usage and dis- posal of such part of the said south bank as is included in the said third district or division, in as full and ample manner, to all intents and purposes, as if this act had never been made ; any thing iierein contained to the con- trary thereof notwithstanding, and over such Provided also, and it is hereby further enacted and south-west declared by the authority aforesaid, That nothing in this bank of the ^^t Contained shall extend, or be construed to extend, to autient urancii ' of theNcneas give to the said commissioners for putting this act into is included in . , . . thcfirstdis- execution, or any ot them, any power or authority- in or "'^ ' over such part of the south-west bank of the said river Old South Eau, otherwise the antient branch of the Nene, as is included in the said first district or division, other than and except the power hereby given to the said commissioners of raising and strengthening the said Lank, from time to time, according to the dimensions prescribed by this act; but that, subject to the aforesaid power of raising and strengthening the said bank, the said Henry Earl of Lincoln, his heirs and assigns, shall continue in the possession, usage and disposal of such part of the said south-west bank as is included in the said first district or division, in as full and ample man- ner, to all intents and purposes, as if this act had never been made ; any thing herein contained to the contrary thereof notwithstanding. Perpetual and And, for supplying and continuing a sufficient num- commissi'oneir ^^^ ^^ commissioners for putting this act in execution; for the first \)q \i further enacted by the authority aforesaid, That the district. r- ^ r r> i • i • Right Honourable Brownlovv Earl ot Exeter, his heirs and assigns, being owners of the estate the said Earl is now seised of within the said first district, and the Right Honourable Henry Earl of Lincoln, his heirs or assigns. AVl'BNDIX. being owner or owners of Highborough Fen and Low- boroujih Fen, or bis or their lawful attornev, shall alwavs be and continue commissioners of and for the said first district or division; and that so many other commission- ers of and for the said first district shall be named and appointed annually by the said Henry Earl of Lincoln, his heirs or assigns, and certified under his or I'.ieir hand or hands to the said commissioners, at their yearly general meeting aforesaid, as shall, together with the said Earl, his heirs or assigns, or his or their attorney, make one commissioner for every five hundred acres of land charged with the said taxes, which the said Earl of Lincoln, his heirs or assigns, shall for the time being be seised and possessed of in his or their own right, within the said first district ; and that one other commissioner of and for the said first district and division, shall be named and appointed annually by the lord or lady of the manor of Crowland for the time being, and certified under his or her hand to the said commissioners at their yearly general meeting aforesaid ; and that every person, who shall for the time being be seised or possessed of five hundred acres of land, or upwards, within the said first district, and paying the said taxes for the same, in his own right, shall, during the time he shall be so seised or possessed, be a commissioner himself, or name and appoint some other person to be a commissioner in his stead; and shall also name and appoint so many other persons for commissioners, as shall make one conunis- sioner for every five hundred acres of land he shall be so seised or possessed of for the time being; and that so many other commissioners of and for the said first dis- trict, shall be yearly chosen on the last Monday in June in every year, out of the proprietors or occupiers of lands within the said district, at the town of Ely, i)y such per- sons as shall for the time being be seised or possessed of twenty acres of land within the said district, paying the 589 580 APPENDIX. taxes charged hy this act, in their own rights for the same, as together \vith the said Earl of Lincoln, his heirs or assigns, or his or their attorney, and the said other commissioners, in right of tenure as aforesaid; and the commissioners so to be named and aj)pointed as afore- said, shall make one commissioner for every five hundred acres of land charged with the said taxes within the said first district, over and above the said Earl of Exeter, his heirs or assigns; and the persons so elected shall be cer- tified by the electors, or the major part of them, to the said commissioners at their yearly general meeting as aforesaid ; that the Right Honourable George William Earl of Coventry, his heirs or assigns, being owners of the lands the said Earl is now seised of in Basinghall Moor, or a person to be yearly named and appointed by him or them, shall always be a commissioner for the For the second said second district or division; and that one other com- missioner of and for the said second district shall be yearly named and appointed by the lord or lords of the manor of Peterborough for the time being: And that every person who shall, for the time being, be seised or possessed of five hundred acres of land or upwards, within the said second district, and paying the said taxes for the same, in his own right, shall, during the time he shall be so seised or possessed, be a commissioner him- self, or name and appoint some other person to be a commissioner in his stead ; and shall also name and ap- point so many other persons for commissioners, as shall make one commissioner for every five hundred acres of land he shall be so seised or possessed of for the time being; and that so many other commissioners of and for the said second district or division shall be annually chosen upon the said last iVlonday in June in every year, at the Dog in the Doublet Inn upon the north bank, so long as the same shall continue an inn or publick house, and afterwards at such other place as the proprietors of division. APPENDIX. 591 lands in the said district shall appoint, out of the pro- prietors or occupiers of lands within the said district, bv such persons as shall, for the time being, be seised or possessed of twenty acres of land in that district, paying the taxes to be charged by this act, in their own rights, for the same, as shall make one commissioner for every five hundred acres of land charged with the said taxes within the said second district; all which commissioners for the said second district shall be yearly certified to the said commissioners, at their yearly general meeting, in manner aforesaid; that the said John Duke of Bedford, Fortbeibini his heirs or assigns, or his or their lawful attorney, shall be and continue a commissioner of and for the said third district, so long as he or they shall be seised or possessed of five hundred acres of land, in his or their own right, charged with the said taxes within the same; and that so many other commissioners of and for the said third district shall be annually named and appointed by the said John Duke of Bedford, his heirs or assigns, and cer- tified under his or their hand or hands to the said com- missioners, at their yearly general meeting aforesaid, as shall, together with the said John Duke of Bedford, his heirs or assigns, or his or their attorney, make one com- missioner for every five hundred acres of land charged with the said taxes within the said third district or divi- sion ; that every person who shall for the lime being be For the fourtli seised in possession of five hundred acres of land, or up- '^ "'^ ' wards, within the said fourth district or division, and paying taxes for the same, in his or their own right, shall be a commissioner himself for the said fourth district, during the time he shall be so seised or possessed, or name and appoint some other person to be a commis- sioner in his stead; and shall also name and appoint so many other persons for commissioners, as shall make one commissioner for every five hundred acres ol" land he shall be so seised or possessed of for the time being ; and that ^^^ APrENDIX. SO many more persons, being owners or occupiers of lands in llie said fourth district, shall be yearly chosen for com- missioners on the said last Monday in June, at or near Clows Cross, by such persons as shall lor the time being be seised or possessed of twenty acres of land in the said district, paying the taxes to be charged by this act, in their own rights, for the same, and certified to the said commissioners, at their yearly general meeting, in man- ner aforesaid, as shall make in the whole one commis- sioner for every five hundred acres of land charged with Forthc fifth the said taxes within the said fourth district; that the district. • J !■> I r> 1 said Beverley Butler, his heirs or assigns, being owners of the land now possessed by him in Porsand aforesaid, or one other person to be yearly nominated and appointed by him or them, in his or their stead, and certified in manner aforesaid, shall always be and continue a com- missioner for the said fifth district or division for the time being ; and that the said Thomas Orby IJunter, his heirs or assigns, or his or their lawful attorney, shall be and continue another commissioner for the said fifth dis- trict or division, so long as he or they shall be seised or possessed of five hundred acres of land, in his or their own right, charged with the said taxes within the same; and that so many other persons to be commissioners shall be annually named and appointed by the said Thomas Orby Hunter, his heirs or assigns, and certified in manner aforesaid to the said commissioners at their yearly general meeting aforesaid, as shall make one commissioner for every five hundred acres of land charged with the said taxes within the said fifth district or division, over and above the lands the said Beverley Butler is now possessed of; which said several commis- sioners so as aforesaid nominated and appointed, and directed to be yearly nominated and appointed, elected, and chosen, shall, from time to time, be and continue commissioners for putting this act in execution, until APPKNCIX. 593. the last Monday in June in the next succeeding year, and from thenceforth until other commissioners shall be nominated or appointed, elected or chosen, in their re- spective places and steads. Provided alwaj's, and it is hereby enacted and de- Qualification of Till I • r . 1 mi "^ . 1 .^ persons iatilled Glared by the authority aloresaid, Ihat every person that to vote in the shall, for the time beina;, be seised or possessed of twenty election of one ^ &' r J or more corn- acres of land more than will intitle him to name and ap- missioncrs. point one or more commissioners within any of the said districts as aforesaid, and paying taxes for the same, in his own right, shall also be in titled to vole in the elec- tion of the other commissioners for the district wherein he shall be seised or possessed. Provided also, and it is herebv enacted and declared, Newcommis- rni . -c 1 ' 1 -til sioners to be Ihat u any person or persons hereby nominated and ap- elected in the pointed, or hereafter, by virtue of or under the powers ^J^jf °/c^or be^ ( and authorities of this act, to be nominated or appointed, disqualified. ! elected or chosen, to be a commissioner or commis- sioners of the said several districts respectively, or any of them, shall die or become disqualified, it shall and may be lawful to and for the several persons herein before-mentioned respcclivelv to elect or choose, nomi- nate or appoint, and certify in manner aforesaid, some other per^on or persons, properly qualified to be a com- missioner or commissioners, in the |)lace or stead of the commissioner or commissioners so dying or becoming disfjualified from time to time, as often as occasion shall (;fiuire; and the commissioner or commissioners so K cled or chosen, nominated or appointed, shall, from iiiie to time, have the same powers and authorities as he commissioners hereby nominated and a|)pointed, and Iir(.c:l<.-{1 to be yearly nominated or appointed, and elected If chosen, in mantier aforesaid. Provided also, and it is hereby further enacted and Commissioners leclarcd by the authority aforesaid. That the said com- oath foiiowinir lissioners, and every of them, iK.lore he or ihcy lake l^cforc they act. \>()n himself or lliemselvcs the execution oC any of the ^^"i APPENDIX. powers or authorities hereby given them (other than the administering the oath or solemn affirmation foHowing to one another) shall take the following oath, or being of the people called Quakers, the following solemn affirm- ation, videlicet J I A. B. do swear (or being of the people called Quakers, do solemnly and truly declare and affirm) That I will, with- out favor or aflection, hatred or malice, truly and impartial- ly, according to the best of my skill and knowledge, exe- cute and perform all and every the powers and authorities established by an act made in the twenty-seventh year of the reign of his Majesty King George the Second, inti- tuled " An Act for discharging the Corporation of the Governor, Bailiffs and Commonalty of the Company of , Conservators of the Great Level of the Fens, commonly called Bedford Level, from a debt due to the Duke of Bedford and Earl of Lincoln ; and for enabling the pro- prietors of lands in the North Level, part of the said I Great Level, to raise money to discharge the proportion | of the said North Level in the debts of the said corpora- tion ; and for ascertaining and appropriating the taxes j to be laid on the said North Level ; and for the more i effectual draining and preserving the said North Level, and divers lands adjoining thereto, in the Manor of [> Crowland." which said oath or affirmation any one of the said com- ' missioners is hereby impowered to administer. Persons hold- Provided also, and it is hereby further enacted and oTpro^t^under declared by the authority aforesaid. That no person or this act dis- persons, who shall at any time hereafter be possessed of : . qualified from r ' ^ r | voting, any place of profit under this act, shall sit or vote, or j (| have any power or authority as commissioners for any of j Jj the said districts, during the time he or they shall be i possessed of any such place of profit as aforesaid. Proceedings Provided always, and it is hereby further enacted and APPENDIX. 595 declared bv the authority aforesaid, That all orders and and orders of I- ' r 1 •! •• i^.i- 1 commissioners proceedings oi the said commissioners, at tueir general to be entered meetings aforesaid, shall be entered in a book or books a»d signed, to be kept for that purpose, and such orders so entered shall be signed by five or more of the commissioners assembled at such meetings, and by the clerk or clerks to the said commissioners; and such orders so signed, shall be deemed and taken to be original orders, as fully and effectually as if the same were under the hands and seals of the major part of the commissioners then assem- bled ; which said book or books, and also the book hereby directed to be kept for registering the securities, assignments and transfers aforesaid, shall and may be produced and read in evidence in all cases of suits or actions, touching any thing done in pursuance and by the authority of this act. Provided always, and it is hereby further enacted and Limitation of declared by the authority aforesaid. That if any action, suit or information shall be commenced or prosecuted against any person or persons for any thing done or to be (lone in pursuance of this act, or in execution of any of the powers and authorities hereby given, every such action, suit or information shall be commenced or pro- secuted within twelve months next after the fact com- mitted, and not afterwards ; and shall be laid or brought in the said counties of Northam[)ton, Lincoln and Cam- bridge, or the Isle of Ely, or one of them, and not else- where; and the defendant or defendants in such action or suit shall and may plead the general issue, not guilty ; General issue, and if in replevin, may justify and avow by virtue of this act, as persons acting under and by the authority of commissioners of sewers are enabled to do, and give this icl, and the special matter in evidence, without specially pleading the same (other than as aforesaid) at any trial lo be had thereupon ; and that the same was done in pursuance, and by the authority of this act; and if the me shall appear to have been so dune, or if any such 2 <) 2 I 596 APPBNDIX. action or suit shall be brought after the time before limited for bringing the same, or shall be brought in any other county, then the jury shall find for the defendant or defendants, avowant or avowants; or if the plaintiff or plaintiffs shall become nonsuit or forbear prosecution, or discontinue his or their suit or suits ; or if any judgment shall be given against him, her or them, upon demurrer, or otherwise, then in any of the said cases, the defendant or defendants, and avowant or avowants, shall recover Double costs, double costs ; for which he, she or they, shall have like remedy as where costs by law are awarded. Right of lords Provided always, and be it hereby enacted. That all of mauois re- i . , . , i i i i r served to them; such right or rigtits as any lord or lords of any manor or manors, liberties, hundred or half-hundred, have there- fore had within his or their respective manor or manors, liberties, hundred or half-hundred, within or without the said several districts or divisions, or any of them, to waifs, estrays, felons goods, privileges of arrests, escheats and all other royalties, not prejudicial to the draining, be hereby saved to them, their heirs, successors and assigns, severally and respectively ; any thing in this act to the contrary thereof notwithstanding. Saving also, and always reserving unto the said governor, bailiffs and commonalty of the company of conservators of the Great Level of the Fens, and their successors, and to all and every other person and per- sons, his, her and their heirs, executors and administra- tors, all such lawful rights, powers, jurisdictions and authorities now vested in and enjoyed by them, as are not hereby taken away, altered or repealed. Publick act. And be it further enacted, That this act shall be deemed, taken and allowed to be a publick act; and all judges, justices, and other persons, are hereby required to take notice thereof as such, without specially pleading the same. and of the con» Bcrvators and others. APPENDIX. 597 No. XXVI. NENE NAVIGATION ACT. i^si. Anno vicesimo septimo GEORGU II. Regis. ^n Act for improving and preserving the Navigation from Sailer's Load Sluice, in the County of Norfolk, to Standground Sluice, in the County of Huntingdon, and from Flood's Ferry, in the Isle of Ely, in the County of Cambridge, to Ramsey High Load, in the said County of Huntingdon; and also the Navigation from Old Bedford Sluice, in the said County of Norfolk, to the River Nene, in the Parish of Ramsey, in the said County of Hunt- ingdon. Whereas tlie navigation from the port of King's Preamble. Lynn to Standground Sluice, near the city of Peter- borough, was anciently carried on from Salthirn Load, otherwise Salter's Load Sluice, in the county of Nor- folk, through Well Creek, and the river Nene, to Flood's icrry, in the county of Cambridge; and from thence through Ramsey Meer,iJgg Mcer, and Whittlesea Meer, in the county of Huntingdon ; but the navigation through the said meers being, at all times, extremely tedious, difficult, and dangerous, and very frequently altogether impracticable, the navigation from the said port of Kiny'd Lynn to Standground Sluice aforesaid has, for ^^ APPENDIX. many years, been carried on from Flood'b Ferry afore- said, through a certain drain called Whittlesea Dike, being the safest and nearest passage: And whereas the navigation from the parish of Ram- sey, and the adjacent places, to the said [)ort of King's Lynn, will be most conveniently carried on by Flood's F'erry through the river Nene, Well Creek, and Salter's Load aforesaid : And whereas the navigation from the towns of Char- teris, Maney, and VVelney, to the said port of King's Lynn, has for many years been chiefly carried on through a certain drain, called the Forty-foot Drain, and the Old Bedford River : And whereas the trade carried on upon the said rivers, and through the said creek and drains, is greatly increased, and it is become necessary to clean, depthen, widen, and scour the said rivers, creek, and drains 5 which cannot be effected without a considerable ex pence : And whereas the preserving and improving of the said navigations will be a great and general advantage to the said port of King's Lynn and the city of Peterborough, and to all the towns and villages situate near the said rivers, and to the whole adjacent country : May it therefore please your Majesty, That it may be enacted ; and be it enacted by the King's most excellent majesty, by and with the advice and consent of the lords spiritual and temporal, and com- mons, in this present parliament assembled, and by the Coniniissior.ers authority of the same. That the governor, bailiffs, and ^^^ ^ " ' conservators of the corporation of the Great Level of the Fens, called Bedford Level, for the time being ; the mayor, recorder, aldermen, and common council of the corporation of King's Lynn, for the lime being, together with ten inhabitants of the city of Peterborough; six APPENDIX. inhabitants of the town of Whittlesea, being owners of lands in the Middle Level, within the said Great Level of the Fens ; six inhabitants of the parish of Dodding- ton, with its members; that is to sa}', one inhabitant of the town of Doddington, one inhabitant of the town of JSenwick, one inhabitant of the town of Wimblington, and three inhabitants of the town of March, being re- spectively owners of lands in the said Middle Level; four inhabitants of the parish of Ramsey, being owners of lands in the said Middle Level; two inhabitants of the parish of Chateris, being owners of lands in the said Middle Level; two inhabitants of the town of Maney, being owners of lands in the said Middle Level; two inhabitants of the town of Welney, being ow^ners of lands in the said Middle Level ; four inhabitants of the parish of Upwell, being owners of lands in the said Middle Level; two inhabitants of the parish of Outwell, being owners of lands in the said Middle Level; four inhabit- ants of the parish of Downham, in the county of Nor- folk ; two inhabitants of the parish of Thrapston; two inhabitants of the parish of Islip ; two inhabitants of the parish of Oundle; two inhabitants of the parish of Yaxley; two inhabitants of the parish of Fletton ; two inhabitants of the parish of Elton; and two inhabitants of the parish of Thornhaugh with Wandsford ; to be respectively chosen, as hereinafter is directed; shall be commissioners for preserving and improving the navi- gation from Salthirn Load, otherwise Salter's Load, through Well Creek to the town of OutwelJ, and from thence through the river Nene by the towns of Upwell and March, directly to Flood's Ferry aforesaid, and from thence to a place called Ramsey High Load; and also for improving and preserving the navigation from Flood's I erry through Whittlesea Dike to Standground Sluice ui'oresaid ; and also the navigation from Old Bedford Sluice, through the Old licdford River and the Forty- 5W I 600 APPKNDIX. foot Drain, to the river Nene, in the said parish of Ram- sey ; and for putting in execution all other the powers and authorities by this act granted. Comiuissioners And be it further enacted, by the authority aforesaid, rouiib, and the That such of the inhabitants of the city of Peterborough, several towns, ^^^ ^^f j^j^g gj^jj several towns and parishes of Whittlesea, to be chosea ' ' annually by the Doddington, with its members, Ramsey, Charteris, " ' Maney,Welney, Upwell, Outvvell, Downham, Thrapston, Islip, Oundlc, Yaxley, Fletton, Elton, and Thornhaugh with Wandsford, respectively, as have right to assemble in the vcalries of their respective towns, parishes, or chapelries, shall meet in their respective vestries upon Monday in Easter-week, in the year one thousand seven hundred and fifty-four ; and shall also meet in like man- ner upon Monday in Easter-week in every succeeding year; and choose such of the inhabitants of the said city, towns, and parishes respectively, as the major part of the inhabitants then present, sball think proper (not exce(»ding the respective numbers hereinbefore limited) to be commissioners for the said city, towns, and parishes respectively, together with the said governor, bailiffs, and conservators of the said corporation of the Great Level of the Fens, and with the mayor, recorder, alder- men, and common council of the borough of King's Lynn, for putting this act in execution, and to be certi- And be it further enacted. That the churchwardens of churchwardens. ^^6 parish of Saint John the Baptist, in the city of Peter- borough, and also the churchwarden or churchwardens, chapelwarden or chapclwardens, of each of the said other respective places, shall transmit a certificate, under their or his hands or hand, containing the names and descrip- tions of the several persons, who shall be chosen com- missioners for the said city, and for the said respective places, to the other commissioners by this act appointed, at the next meeting to be held after the commissioners for the said city, and for the said respective places, shall I APPENDIX. ^^^^ be choseu ; which certificate shall be in the form follow- ing; thai is to say, These are to certify, that of Form of a cer- , . „ „ , „ . 1 tificate. the city oi J^eterborougli {or or in the county of ) are (or is) chosen commis- sioners (or a commissioner) for the said city, or for the parish or town of in the county of to put in execution an act, made in the twenty-seventh year of the reign of King George the Second, intituled, " An Act for improving and preserving the navigation from Salter's Load Sluice, in the county of Norfolk, to Staudground Sluice, in the county of Huntingdon, and from Flood's Ferry, in the Isle of Ely, in the county of Cambridge, to Ramsey High Load, in the said county of Huntingdon ; and also the navigation from Old Bed- ford Sluice, in the said county of Norfolk, to the river Nene, in the parish of Ramsey, in the said county of Huntingdon.*' Given under my hand (or our hands) this day of And that the sum of two shillings and sixpence, and no more, shall be paid to, or for the use of, the churchwar- den or churchwardens, chapelvvarden or chapelwardens, signing such certificate, and shall be charged upon the lolls to be collected in pursuance of this act. Provided alwa^-s, and it is hereb}' enacted. That if the Commissioners inhabitants of the said city, or of any of the places afore- rouirb, ancTthe said, shall in any year neglect to choose commissioners s^^'*-'™' towns, •' ■' ° to be appointed upon the said Monday in Easter-week, then, and in- such by the other , . . « , , . . commissioners, case, the majority or the other commissioners, present at if not chosen the next meeting after the said Monday in Easier-week, ll^^^'^ inbabit- shall nominate the like number of inhabitants of the said city, or of such place or places respectively, as by this act are directed to be chosen, to be commissioners for the said city, or for such place or places respectively ; «02 APPENDIX. and the commissioners nominated, as aforesaid, shall be joined with the other commissioners, and shall be, and are hereby, empowered to act in as full and ample man- ner, as if they had been chosen by the inhabitants of the said city, or of such place or places respectively, in manner herein before directed. In case of va- And be it further enacted, by the authority aforesaid, commissi^oners That in case of any vacancy by the death, disqualifica- tobeclioseu. iIq^ q^ resignation of any commissioner for the said city, or for any of the places aforesaid, another commissioner shall be chosen by the inhabitants of the said city, or of such place respectively, within the space of one calen- dar month after such vacancy shall happen ; and notice shall be given in the parish church of the said city, or in the church or chapel of such place respectively, and shall be affixed on the door of the said church or chapel, that on a certain day, to be specified in such notice (eight days at the least intervening between the day so speci- fied, and the time, when such notice shall be given) a meeting will be held for the choice of a commissioner, as aforesaid; and in case the said inhabitants shall re- fuse or neglect to choose such commissioner within tlie time before limited, then it shall be lawful for the sur- viving or remaining commissioners, or commissioner, for the said city, or for such place respectively, where such vacancy shall happen, or the major part of them, by writing under their or his hands or hand, and seals or seal, to appoint an inhabitant of the said city, or of such place respectively, to be a commissioner in the room of the person so deceased, disqualified, or resigning ;• and in case the said surviving or remaining commissioners or commissioner shall neglect or refuse to appoint such commissioner within the space of one calendar month, after the time before limited for the choice of such com- missioner by the inhabitants of the said city, or of such place respectively, shall be elapsed, then it shall be law- APPENDIX. ^'^ ful for the other couiniissioriers, at iheir next mceliiig after the expiration of the said two calendar months, to appoint an inhahitant of the said city, or of such place respectively, where such vacancy shall happen, to be a commissioner in the room of the person so deceased, disqualified or resigning : and, in any of the said cases, the person so chosen or appointed as aforesaid, shall have the like power and authority, as the other com- missioners, appointed by or in pursuance of this act, are invested with. Provided always, and it is hereby further enacted, Qualification of rxii r 11 1 lie.- • coiuniissioncrs. Ihat no person shall be capable or acting as a commis- sioner in any case in the execution of this act, unless he shall be in the actual possession, enjoyment, or receipt of the rents and profits of an estate of the clear yearly value of twenty pounds ; or shall be possessed of a per- sonal estate alone, or a real and personal estate together, of the value of five hundred pounds ; or shall be heir ap- parent to a person in possession of an estate of the clear yearly value of one hundred pounds : and if any person, not qualified as aforesaid, shall presume to act as a com- missioner in the execution of this act, he shall, for every such offence, forfeit the sum of fifty pounds ; to be re- covered, with full costs of suit, by any person who will inform or sue for the same, in any of his Majesty's courts of record at Westminster, by action of debt, or upon the case, bill, suit or information ; wherein no essoign, pro- tection, privilege or wager of law, nor more than one imparlance, shall be allowed; and in which action or suit it shall be only necessary for the piainlifl', or informer, to prove, that the defendant acted as a commissioner in the execution of this act ; and a verdict shall be found iigainst the defendant, unless he shall prove in his de- fence, that he was, at the time of his so acting, qualified according to the true intent and meaning of this act. And be it further enacted, by the authority aforesaid, tJ'^ccUu ro-'* ^^* APPENDIX. taf.onatMarch, That the first tneetino; of the said commissioners shall be iJownham, and i ,, , Peterborough, held on the twelfth day of June, one thousand seven hundred and fifty-four, at the town of March in the isle of Ely, in the county of Cambridge ; and that the second meeting of the said commissioners shall be held at the town of Downham, in the county of Norfolk ; and that the third meeting of the said commissioners shall be held at the city of Peterborough, in the county of Northamp- ton : and that the said commissioners may meet, from time to time, by adjournment, or otherwise, at each of the said places, in the order and course hereinafter pre- scribed as often as they shall think proper; not less than nine of the said commissioners (whereof four at the least to be commissioners for the said city, or for some or one of the several places aforesaid, im powered by this act to choose commissioners) being present at every such meet- ing. A general meet- Provided alwavs. That a general meeting of the said mg to bo held , . -^ ° ° annually in Commissioners shall be annually held at the said town of March, upon the third Thursday in August ; and that all meetings of the said commissioners, in the intervals be- tween the said general meetings, shall be held, in rotation, at the said towns of March and Downham, and the said cit\' of Peterborough, except where a meeting shall be appointed to be held by notice only, and not by adjourn- ment ; in which case, such meetings shall be held at the place next in rotation to the place where the next meet- ing is appointed to be held by adjournment. Commissioners Provided also, and be it enacted, That the said com- to adjourn f& .. in. ,_• u rn i- die in diem, missioners shall, at every meetmg, nave tull power and authority to adjourn de die in diem, and meet again at the same place, until the business to be transacted at such and defraytbeir meeting shall be completed: and that the said commis- ownexpences. sioners, at all and several their meetings to put this act, or any part thereof, into execution, shall, out of their APFJ5NDIX, 605 own private monies, pay and defray all tlieir own charges and expences. And be it further enacted. That notice in writing, of Notice to be P , . , . . , c ^ civen of meet- every meeting or tiie said commissioners (except ot the ino-s. meetings to be held b}' adjournment de die in diem, as aforesaid) shall be signed by nine or more of the said commissioners, and affixed upon the market-cross, or in some other public place, in the cities of Peterborough and Ely, and in the town of Lynn, Downham, Chateris, March, Ramsey, and Upwell, aforesaid ; and shall be published in the Northampton, Stamford, Cambridge and Ipswich Journals, and in one of the Evening Posts in London (so long as such newspapers shall continue to be published) fourteen days at least before every such meeting. Provided always, That no meeting shall be held at any Meetings not of the said three places within the space of six days be- certain times of fore the twenty-ninth day of August and the twenty- ^^^ y*^^^- ninth day of September in any year; or within the space of three days after the said twenty-ninth day of August and twenty -ninth day of September, or during the time of Lynn Mart; or within the space of three days before or after the said mart; or in the week in the month of April wherein a meeting of the governor, bailiffs and conservators of the said corporation of the Great Xevel of the Fens is held at Ely ; or in Whitsun-week, wherein another meeting of the said governor, bailifts and con- servators is held at London. *And, for defraying the necessary expences of putting The Tolls, this act in execution, and of carrying on and completing the said navigations, be it further enacted, by the autho- rity aforesaid, That at each of the sluices, called Stand- ground Sluice, Salthirn, otherwise Salter's Load Sluice, * The revenues of the Ncne Commissioners are intended to be increased by the provisions and regulations of an act passed 34 G. 3, c. 92, (1794) " for making and maintaining a navigable canal from Wisbech River, at or near a 606 APPENDIX. and Old Bedford Sluice, there shall ho paid to the col- lector or collectors, to be appointed as^liereinafter is di- rected, for the respective goods following ; that is to say, for every chaldron of coals, Lynn measure; for every hundred of battens ; for every half Imndred of other deals j^for every load of timber, ^accounting forty feet to the load, Calliper measure 3 for every eight packs of wool, accounting ten tod to the pack ; for every weight of salt ; for every load of wheat, rape-seed,; lin-seed, cole-seed, barley, rye, peas or beans, accounting five quarters to the load ; for every last of oats, or barley big; for every two thousand of turf; for every load of reed, sedge, hay, flax or hemp, reckoning twenty hun- dred weight to the load; for every last of malt; for every thousand of tiles ; for every five hundred of bricks; for every twenty feet of stone; and for every chaldron of lime; the sum of three pence; and the like sum of three pence for every ton weight of all other goods, wares, merchandizes or commodities whatsoever ; and so in proportion for any greater or less quantity or weight; which said sums shallj and^ may be demanded and takefi in the name of, or* as, aHoll or duty ; and shall be [)aid bv every person]Vho shall carry or convey any goods through the said sluices, up or down the said rivers, creek or drains ; and the monies to be received are hereby vested in the said commissioners, and shall be applied and disposed of for the several uses and purposes of this act, and to no other use or purpose whatsoever : and in case of neglect or denial of payment of the said place called the Old Sluice, in the town of VVishech, in the isle of Ely, and county of Cambridge, to join the river Nene, in the parish of Outwell, in the said isle of Ely, and in the county of Norfolk ; and for improving; and main- taining the navigation of the said river from Outwell Church to Salter's Load Sluice." The following clauses relate to those provisions and regulations : vid. 66 to 72. A, B, C, D, E, F, G, H, I, K, L. APPENDIX. 607 toll or duty, on demand, the said collector or collectors are hereby authorized and recjuired to seize and detain any of the said goods or commodities, or the vessels carrying the same; and in case the said tolls or duties shall not be paid within three days after such seizure, it shall be lawful for the said collector or collectors to stli the goods or commodities, or the vessels carrying the same, so seized and detained as aforesaid ; rendering the overplus (if any) to the owners, after the said tolls or duties, together with the reasonable charges of seizing, detaining and selling the said goods or commodities, or vessels carrying the same, shall be satisfied and paid. Provided always, and be it enacted. That this act shall Pleasure boaCs> not extend to restrain any person from keeping a plea- sure-boat, for the purpose of rowing or sailing upon the said rivers, creek or drains, as he or she shall think fit ', nor shall any toll or duty be demanded upon account of such pleasure boat, so as no goods or merchandize be carried therein. Provided also, and be it further enacted, That oil- andmnnurc 1 ^. 1 ^ • »i in.i exempted from cakes, malt-dust, pigeons dung, and all other manure f^jj^ and compost, of any nature or kind whatsoever, shall have free passage upon the said rivers, and through all and each of the said sluices, without being subject to an}' toll or duty ; any thing in this act contained to the contrary thereof in anywise notwithstanding. Provided nevertheless, that such oil-cakes, as are made Except lia-secd of lin-seed, shall not be deemed manure within the o^l^^^kes. meaning of this act. And be it further enacted by the authority aforesaid, Commissioners That the said commissioners, or any nine or more of [cctX'r'and'^'^^" them, shall, at their first meeting, to be held at the town other oflicers. of March aforesaid, have full power and authority, by writing under their hands and seals, to nominate and appoint such person or persons as they shall think fit, to be collector or collectors of the tolls and duties hereby 608 APPENDIX. granled; and also such person, as they shall think fit, to be treasurer or receiver of the several sums of money arising by such tolls and duties, and of all other monies to be raised, levied and paid by or under the authority Collectors, and of this act (such collector or collectors giving bond, with give security. *^^'° sufficient sureties, to the satisfaction of the said commissioners, or any nine or more of them, for the due payment, to the treasurer, of all money to be collected b}' him or them ; and such treasurer or receiver also giving bond, with two sufficient sureties, to the satis- faction of the said commissioners, or any nine or more of them, in the penalty of two thousand pounds, for the due application of, and accounting for, the monies by him to be received) ; and shall also administer an oath to such collector or collectors, for the true and faithful executing of his or their office in or about the premises: and the said collector or collectors shall, upon the first Monday in every month, or oftener, if required by the said commissioners or any nine or more of them, by writing under their hands and seals, pay, or cause to be paid, into the hands of the said treasurer or receiver, all and every the sum and sums of money, which he or they, the said collector or collectors, shall have collected or received, by virtue of this act: and the said commis- sioners, or any nine or more of them, shall also, at their first meeting as aforesaid, have full power and authority, by writing under their hands and seals, to nominate and appoint a clerk, and surveyor or surveyors, for doing all other matters and things, which may be necessary to be performed in execution of this act: and such collector or collectors, treasurer or receiver, clerk, and surveyor or surveyors, to be appointed as aforesaid, shall be allowed, out of the monies to be raised by virtue of this act, for their care and pains in executing their respective offices, so much as the said commissioners, or any nine or more of them, shall think reasonable ; and shall be, from time APPENDIX. 609 to time, removeable, at the will and pleasure of the said commissioners, or any nine or more of them, assembled as aforesaid : and all vacancies which shall happen by death, resignation or removal of any of the said officers, shall be filled up by the said commissioners, or any nine or more of them, at the first meeting to be held after any such vacancy shall happenj; and the person or persons so appointed, upon any such vacanc}^, shall, unless re- moved by the said commissioners, or any nine or more of them, at some subsequent meeting, continue in his or their respective office or offices until the aforesaid annual meeting of the said commissioners upon the^ third Thurs- day in August ; at which time the commissioners then assembled, or the major part of them, shall have full power and authority either to confirm and continue the person or persons, so appointed, in their respective of- fices, or to remove and displace them, as they shall think proper, and appoint others in their stead : and, in case of the death of any collector or collectors, the said trea- surer or receiver shall have full power and authority to appoint such person or persons as he shall think proper, to collect and receive the tolls and duties hereby granted, till the next meeting of the said commissioners, such person or persons giving such security as aforesaid. Provided always, That the person or persons to be ap- Collectors not pointed collector or collectors of the said tolls and 0° the slices. duties, shall not be the same person or persons as shall be keeper or keepers of any of the sluices herein before- mentioned. Provided also, and it is hereby enacted. That the Sluicc-kccpcrs keepers of the said sluices, called Standground Sluice, and paid by the Sallhirn, otherwise Salters Load Sluice, and Old Bed- corporation of ' ' Bedford Level. ford Sluice, shall, from time to time, be appointed and paid by the corporation of the Great Level of the Fens, called Bedford Level, and be under their direction. 2 R 610 APPENDIJ^. Account of goods carried upon the river to be given to collectors. Penalty on re- fusal. Commissioners impowered to borrow money by assignment sf thefjUs, x\nd, to the intent that the quantity and quality of such goods and commodities, as shall, at any time, be carried or conveyed up or down the said rivers, creek, and drains, may be discovered and known, and that the tolls by this act granted may be justly and duly paid, be it enacted, by the authority aforesaid, That every water- man or other person, who shall at any time carry or con- vey up or down the said rivers, creek or drains, any goods, wares and merchandizes whatsoever, shall, upon demand, give to the said collector or collectors a just and true account, according to the best of his knowledge and belief, of the quantity and quality of all such goods, wares and merchandizes, and of the name or names of the respective owner or owners thereof} which account being put into writing by the said collector or collectors, the said waterman, or other person, shall subscribe his name or mark to the same; and if he shall refuse so to do, or shall deliver in a false or untrue account, he shall, for every such refusal or untrue account so by him de- livered in, forfeit the sum of forty shillings, over and above the tolls or duties payable for such goods, wares, or merchandizes, by virtue of this act ; to be recovered by distress and sale of the goods and chattels of the person so offending, by warrant under the hand and seal of any justice of the peace for the county, liberty, or place where such offence shall be committed : and in case the person so offending shall not have sufficient goods and chattels, whereupon the said forfeiture can be levied, it shall be lawful for the said justice, or any other justice of the peace for the said count}', liberty or place, to com- mit the person so offending to the house of correction, there to remain without bail for the space of one month, unless the said forfeiture shall be sooner paid. And, to the end that a sufficient sum of money may be speedily raised for the purposes of this act, be it fur- ther enacted by the authority aforesaid, That the said APPENDIX. 611 commissioners, or atiy twenty-five or more of them (eight of them, at least, being commissioners for the city or places aforesaid) shall have full power and authority, at any meeting to be held for that purpose, whereof previous notice shall be given in manner before directed, fourteen days at least before the time of such meeting, from time to time, to borrow any sum or sums of money which they shall think necessary, not exceeding the sum of three thousand pounds at any one meeting, and to convey and assign, by writing or writings under their hands and seals, the tolls and duties granted by this act, or any part thereof, to any person or persons who shall lend or advance to the said commissioners any sum or sums of money ; and the duties so conveyed and as- signed, as aforesaid, shall be and are hereby made a se- curity for the re-payment of the money so advanced or lent, with legal or less interest for the same, as shall be agreed upon between the said commissioners, assembled as aforesaid, or the major part of them, and the person or persons lending or advancing such money; which said money, so to be borrowed, shall be applied and disposed of as the said tolls or duties, by this act granted, are di- rected to be applied and disposed of, and to no other use or purpose whatsoever. And be it further enacted, by the authority aforesaid, Assignments to That copies of all and every the assignment or assign- wluf the^derk ments, so to be made by the commissioners as aforesaid, or treasurer, shall be registered or entered at length in a book or books to be kept for that purpose by the said clerk, or the said treasurer or receiver ; which said book or books shall and may be seen and perused, at all seasonable times, by any person or persons whomsoever, without fee or reward. And be it further enacted, by the authority aforesaid, Securities trans- p. , tenable by ia- Inat all and every person or persons, to whom any dorsemeut. ' Assignment or assignments of the said tolls or duties 2 K '2 612 APPENDIX. Application of the money to be raised. shall be made as aforesaid, or who shall be intilled to the money thereby secured, shall and may, from time to time, hv proper words of assignments, to be indorsed on the back of his, her or their security, or by any other writing or writings under his, her or their hand and seal, or hands and seals, to be duly executed in the presence of two or more credible witnesses, assign or transfer his, her or their right, title, interest or benefit to the principal and interest-money thereby secured, or any part thereof, to any person or persons whomsoever ; which said transfer or assignment shall, within three months after the date thereof, be produced and notified to the said clerk, or the said treasurer or receiver ; who shall cause an entry or memorial of such assignment or transfer, containing the date, parties and sum of money therein mentioned to be transferred^ to be made in the said book, to be kept for the entering of the said original assign- ments ; for which the said clerk, treasurer or receiver shall be paid the sum of two shillings and six pence, and no more : and after such entry made, such assign- ment shall intitle such assignee, his, her and their exe- cutors, administrators and assigns, to the benefit thereof, and payment thereon ; and such assignee may, in like manner, assign again, and so tolies quofies : and it shall not be in the power of such person or persons, who shall have made such assignment, to make void, release o discharge the same, or any monies thereby due, or any part thereof. And be it further enacted, b}' the authority aforesaidy That if the sum agreed to be paid by the said corporation of the Great Level of the Fens, towards defraying the expences of procuring this act, shall not be sufficient foi that purpose, the residue of the said expences shall, in the first place, be satisfied and paid out of the money to' be raised or collected in pursuance of this act; and thai after such expences shall be satisfied and paid as afore APPENDIX. 613 said, all the money to be raised or collected, as aforesaid, shall be applied and disposed of in the payment of such sums as shall become due and payable by virtue of this J act ; and in scouring, cleansing, widening and depthen- * ing the said creek, called Well Creek, from Salthirn, otherwise Salters Load aforesaid, to the town of Out- well ; and also the river Nene, through the said towns j Outwell, Upwell and March, directly to Flood's Ferry, i and from thence to Ramsey High Load aforesaid; and in preserving and improving in like manner, the naviga- tion from Flood's Ferry through Whittlesea Dike to Standground Sluice aforesaid ; and also in scouring and deepening the Old Bedford River, from the Old Bedford Sluice to Welch's Dam, and the Forty-foot Drain, from Welch's Dam to the river Nene, in the parish of Ram- se}' aforesaid ; and in making, maintaining and securing a free haling-way, for the better carrying on of the said navigations, and in repairing the damages which shall be done to the banks by haling thereon; and in such other works, not being prejudicial to the draining of the country, as the commissioners assembled, as aforesaid, if shall, from time to time, order and direct. Provided always, That a distinct and separate account Distinct ac- shall be kept of the tolls to be collected at Salters Load kept, and Standground Sluices, and of the tolls to be collected at the Old Bedford Sluice; and that the tolls or duties to be collected at Salters Load Sluice, and Standground Sluice, shall be applied to and laid out in the improving I', of the navigation betwixt the said two sluices, and from Flood's Ferry, up the river Nene, to Ramsey High Load aforesaid, only, and not in the improvement of the other [ navigation, through the Old Bedford Sluice ; and that the tolls or duties, to be collected at the Old Bedford Sluice, shall be applied towards scouring and deepening the Old Bedford River, and the Forty-foot Drain, to the 614 APPENDIX. Tvrenty-five commissioners to be present at the borrow- ing of money or ordering of any new works to be under- taken. Nine to be a quorum for other matters. Commmission- crs to em- ploy, or con- tract with persons for improving the navigation ; river Nene, as aforesaid, and to no other use or purpose whatsoever. Provided also, and be it further enacted, That no money shall be borrowed, nor any new works ordered to he undertaken, at any meeting of the said commissioners, unless previous publick notice shall have been given thereof, in manner before directed, fourteen days at least before such meeting; nor unless twenty-five of the said commissioners (whereof eight at least shall be commis- sioners for the city or places aforesaid) shall be present at such meeting; but that any nine or more of the said commissioners (four commissioners for the city or places aforesaid at least being present) assembled as aforesaid, shall have full power and authority to put in execution all other matters and things by this act directed to be performed by the said commissioners. And be it further enacted, by the authority aforesaid, that the said commissioners, or any twenty- five or more of them, assembled as aforesaid, and not otherwise, shall have full power and authority to employ, or contract with, any person or persons, for the performance of any works they shall think necessary to be done, in pursuance of this act, for preserving and improving the said navi- gations, or any part thereof; such contracts to be for such time or times, and under such conditions, as the said commissioners, or the major part of them, assembled as aforesaid, shall think proper : and the person or per- sons employed, or contracted with, as aforesaid, his or their agents, servants and workmen, are hereby authorized and impowered to open, cut, cleanse, scour, depthen, enlarge or straighten the said rivers, creek and drains, or any part thereof, within the limits aforesaid, makingthesame, in all places where it is possible to be done, thirty feet wide at the bottom, forty feet wide at the top, and three feet deep- er at the least than any of the adjacent fen-dikes ; and to APPENDIX. 616 remove and take away all trees, roots of trees, dirt, gra- vel, or sand-beds, which may hinder or obstruct the said navigations ; and to do and perform all other matters and things, not being prejudicial to the draining of the coun- try, which the commissioners shall judge necessary or convenient, for improving and maintaining the said na- vigations. Provided nevertheless, that the said commissioners but not to shall not erect, or cause to be erected, any sluice, plough, in*^ceitain^^ or other works, in or upon the Old Bedford River (ex- parts of the river, &c. cept the Pen Sluice hereinafter directed to be made at the mouth of the said river) or in or upon the said forty- foot drain, or between the ford called Ashlines Gravel and Salters Load Sluice aforesaid, or between Flood's Ferry and Ramsey High Load; and that the sluice now giujce at erected above Ashlines Gravel aforesaid, shall not be Ashlmes Gravel not raised higher from the threshold than five feet nine inches, to be raised the present height of the said sluice. atVescntg And be it further enacted, by the authority aforesaid, pca Sluice to That the said commissioners shall have full power and tt '"^''^d^* i r Horsey Bridge. authority to make a pen sluice, for stopping the water at Horsey Bridge, in the county of Huntingdon, and to prevent the waters, taken into the river Nene at Stand- ground Sluice, from flowing out of the said river, and Whittlesea Dike aforesaid ; and also to make, set out ., ,. ' Haung-ways and appoint towing-paths, and haling-ways upon the described, banks of the said creek, called Well Creek, and of the said river Nene, from Salthirn Load Sluice to March Bridge; and from thence along the south-east bank of the said river, over Borrough Moor Common, to Borrough Moor severals ; and from thence along the north-west bank of the said river, to Flood's Ferry aforesaid ; and from thence along the south bank of Whiltlesea Dike to Angle Bridge; and from thence along the north bank of the said dike to Ashlines Gravel; and from thence 616 APPENDIX. Nine commis- sioners may receive propo- sals for any works to be done ; but not to contract. Commission- ers empower- ed to purcliase lands for the use of the DarigatioB. along ihe south bank of the said dike to Wright's Bridge ; and from thence along the south bank of the said River Nene to Slandground Sluice aforesaid ; and also to set out haling-ways on the banks of the River Nene, from Flood's Ferry to Ramsey High Load afore- said ; for towing and drawing, with men or horses, barges, and other vessels, passing through or upon the creek, river and dike, in such manner as the said commissioners shall think convenient; first making satisfaction to the respective owners or proprietors of any lands, tenements or hereditaments, which shall be digged, cut, pulled down, or otherwise made use of, for all or any of the purposes aforesaid, for any damage such owners or pro prietors shall or may sustain thereby. Provided always, and be it enacted, That any nine or more of the said commissioners, assembled as aforesaid, in case no greater number shall be present, shall have full power and authority to treat with, or receive propo- sals from, any person or persons who shall be willing to agree or contract for the performance of any works, to be done in pursuance of this act ; but no agreement or contract shall be finally made, or entered into, for that purpose, unless at some meeting, at which at least twenty- five of the said commissioners (eight being commission- ers for the city or places aforesaid) shall be present ; and of which the said commissioners, to whom such propo- sals shall have been delivered, shall give fourteen days notice at least, in manner before directed, specifying, in such notice, the occasion and design of such meeting. And, for the better effecting of the premisses, and to the end that the said navigations may be carried on and preserved in the most effectual manner, be it further enacted by the authority aforesaid. That the said com- missioners, or any nine or more of them, assembled as aforesaid, shall have full power and authority to agree APPENDIX. 617 with the owners or proprietors of any lands, tenements or hereditaments which they the said commissioners shall judge necessary to be cut^ digged, pulled down or otherwise made use of, for the purposes of this act ; and also to adjust and settle what proportion of the sura, so agreed to be paid upon account of such lands, tenements or hereditaments, shall be given to any tenant, or other person, having a particular estate, term or interest in any of the premisses : and this act shall be sufficient to indemnify the said commissioners, and all persons em- ployed or authorized by them, against such owners or proprietors, their heirs, administrators, or assigns, as if such lands, tenements or hereditaments had been sold by deed of feoffment, bargain and sale, or other assurance in the law, done by fine and recovery, or any other way whatsoever. And whereas it may happen, that some persons, or bo- Bodies poli- dies politick, corporate or collegiate, feoffees in trust, or trustees, im- others, who are seised of some lands, tenements or here- po^'^eredto ' sell. dilaments, which may be thought necessary to be pur- chased for the purposes aforesaid, may be willing to treat and agree for the sale of such lands, tenements or here- ditaments, but by reason of infancy, coverture or other disability, may be incapable of selling or conveying the same ; be it therefore further enacted, by the authority aforesaid. That it shall be lawful for all bodies politick, corporate or collegiate, corporations aggregate or sole, and all feoffees in trust, executors, administrators, guard- ians, or other trustees for and on behalf of any infants, femes covert, or cestui <.[ue trusts, and all other persons whomsoever, who are or shall be seised or possessed of, or interested in, any such lands, tenements or heredita- ments, to contract and agree with the said commission- ers, or any nine or more of them, assembled as aforesaid, for the [jurchase of such lands, tenements or heredita- ments, or of their interest therein, for the purposes afore- ()J8 APPENDIX. In case of refusal to treat or agree. A jury to be summoned. said; and to sell and convey the same, as occasion shall be or require : and all contracts, agreements, sales and conveyances which shall be so made, shall be valid, to all intents and purposes ; any law, statute, usage or other matter or thing, whatsoever, to the contrary notwith- standing : and all feoffees in trust, executors, adminis- trators, guardians, and trustees, corporation collegiate, aggregate or sole, and all other persons, shall be, and they are hereby, indemnified for what they do by virtue and in pursuance of this act. And be it further enacted by the authority aforesaid, that if any person or persons, bodies politick, corporate or collegiate, or other person or persons, seised or posses- sed of, or interested in, any lands tenements or heredita- ments, which may be necessary to be purchased for the purposes aforesaid, shall, for the space of ten days after notice in writing to him, her or them given, or left at the dwelling-house or place of abode ot such person or per- sons, or of the head officer or officers of such bodies politick, corporate or collegiate, or at the house of the tenant in possession of the said lands, tenements or here- ditaments, neglect or refuse to treat, or shall not agree in the premisses, or, by reason of absence, shall be pre-' vented from treating ; then, and in every or any such case, the said commissioners, or any nine or more of them, assembled as aforesaid, shall be and they are hereby im~ powered to issue their warrant or warrants to the sheriff of the county, or the high bailiff of the Isle of Ely, for the time being, respectively, where such lands, tene- ments or hereditaments shall lie or be situate ; who is hereby required to impannel and return before the said commissioners, or any nine or more of them, assembled as aforesaid, at such time and place as in such warrant or warrants shall be appointed, twenty-four substantial and disinterested persons of the said county, or Isle of Ely, respectively, qualified to serve on juries, to the end APPENDIX. 619 that out of them, a jury of twelve men may be sworn, to inquire touching the matters in question : and in de- fault of a sufficient number of jurymen appearing at the time and place mentioned in such warrant or vvarrants, the said sheriff, or high bailiff, or his deputy respectively, shall return other honest and indifferent persons, quali- fied as aforesaid, who can speedily be procured to attend that service, to make up the number of twelve: and the who shall as- said jury shall, upon their oaths, to beadmistered by the comnense of said commissioners, or any nine or more of them, acting *''*^ parties m- ' J . terested. in the premisses (which oath they are hereby impowered and required to administer) inquire into, assess and award what recompence and satisfaction shall be made to the person or persons seised or possessed of, or interested in, such lands, tenements or hereditaments, or any part there- of, for his, her or their respective estates and interests in the same: and upon such verdict, the said commission- ers, or any nine or more of them, acting in the premisses, shall give judgment for the sum or sums so awarded and assessed, and shall order the same to be paid to the per- son or persons intitled thereto ; and such verdict and judgment, and order thereupon, shall be binding and con- clusive, to all intents and purposes, against the said par- ties, and all others claiming or to claim, in possession, reversion, remainder, or otherwise, their heirs and suc- cessors, as well absent or present, infants, femes covert, and persons under any other disability whatsoever, bodies politick, corporate and collegiate, and all and every other person and persons whomsoever ; and, being put into writing, under the hands and seals of the said commis- sioners, or any nine or more of them, shall be delivered to the clerk of the peace of the county, liberty or place where such verdict shall have been given, to be kept amongst the records of the sessions of such county, liber- ty or place; and tiie same, or a copy thereof, shall be admitted as evidence in all courts whatsoever: and all 620 Al'I'ENDIX. ConimissioiUTS iiiij)o\vered to summon and examine wil- nesbcs : And to im- pose fines upoa the sheriflf, or any witness or jurj'man, neglecting their duty. and every person and persons any way interested in such lands, tenements or hereditaments, shall, from thence- forth be, to all iiilents and purposes, divested of all rii^ht, tille, claim, interest or property in, to, or out of the same. And be it further enacted by the authority aforesaid, That the said commissioners, or any nine or more of ihem, acting in the premisses, shall have full power and autho- rity to summon any witnesses (not being a peer or peer- ess of Great Britain) who may be thought proper to be examined, to attend and give evidence before any jury, to be impannelled and summoned for the purposes afore- said ; and also to administer an oath to, and examine all such witnesses, or any other witnesses, who may be pro- duced before such jury ; and shall also order or cause the said jury to view the place or places in question, and use all other lawful ways and means, as well for their own as for the better information of the jury, in the premisses, as they the said commissioners, or any nine or more of them, acting in the premisses, shall thing fit ; and that all persons concerned shall have their lawful challenges against any of the said jurymen, when they come to be sworn: and the said commissioners or any nine or more of them, acting in the premisses, shall have power, from time to time, to impose an}' fine or fines, not exceeding the sum of twenty pounds, upon such sheriff or high baihff, or his deputy, respectively, mak- ing default in the premisses ; and also a fine not exceed- ing five pounds nor less than forty shillings, upon any witness who shall refuse to attend, or be sworn, or to give evidence ; and upon any of the persons, who, being duly summoned and returned upon any jury, shall not appear (unless some reasonable cause of his or their ab- sence shall be proved, to the satisfaction of the said commissioners acting in the premisses) or shall refuse to be sworn on the said jury, or, being sworn, shall not give his or their verdict, or shall in any other manner wilfully APPENDIX. 621 neglect his or their duty in the premisses, contrary to the true intent and meaning of this act : which fine or fines, respectively, shall and may, in default of payment thereof, upon demand, be levied and recovered by war- rant under the hands and seals of the said commissioners, or any nine or more of them, by distress and sale of the goods and chattels of the parly or parlies offending, or wilfully making default in the premisses. And be it further enacted, by the authority aforesaid, Purchase- T^u I. 11 J J c money charpe5 1 hat all and every sum and sums or mone}', or recom- upou the tolls, pence, to be agreed for, or assessed and awarded as aforesaid, and also the charges attending such purchase, assessment or reward, shall be, and is and are hereby charged upon the tolls by this act granted, or upon any money to be borrowed upon the credit of the said tolls; and shall be paid thereout accordingly to the persons re- spectively intitled thereto, or to their respective agents ; and that, upon payment or tender thereof to such per- sons, or their agents, or, in case of their refusal to accept the same, upon leaving the same in the hands of the clerk to the said commissioners, for the use of such per- sons the said commissioners, and all other persons au- thorized or employed by them, shall have full power and authority to enter upon the said premisses, and to cause such lands, tenements or hereditaments to be cut, digged, pulled down, or olhervvise made use of, for the purposes of the said navigations ; and shall be, and are hereby, in- demnified for so doing, against such persons, their heirs, executors, administrators or assigns. And be it further enacted, by the authority aforesaid, Commissioncra That the said commissioners shall from time to time, and paths In 're- "'^' at all times hereafter, maintain and keep in repair such P'"'"' towing-paths or haling-ways upon the banks of the said river, creek and drain, as shall be made and set out as aforesaid, except such part thereof as is a publick and common highway ; and also shall, where wanting, set up, 622 APPENDIX. nnd erect bridges, where any new cuts are made, or fords rendered dany^erous or imp.issablc. Owners of lands to repair the banks, in case of a breach : or in case of danger of a breach, if the coniuiissioncrs neglect to repair them. and from time to time tDaintain convenient gate?, pas- sages and stiles, in or upon the banks or lands adjoining to the said river, creek and. drain, where any towing- paths or haling-ways shall be made and set out as afore- said : And also, if the said commissioners, or any per- son or pers<;ns authorized by them, as aforesaid, shall find it necessary to make any new cuts or trenches, by reason whereof the owners or occupiers of any lands, tenements or hereditaments may not have such conveni- ent access thereto, or passage from thence, as they before enjoyed; or shall find it necessary to deepen the said river so much, in any part thereof, where there are fords or highways over the same, that such fords or highways may be thereby rendered impassable or dangerous; then, and in any of the said cases, the said commissioners, or any nine or more of them, shall first cause a sufficient bridge or bridges to be erected where such new cuts or trenches shall be intended to be made, and where such fords or highways now are; and shall, from time to time, maintain and keep the said bridges in repair, for the con- venience and accommodation of all persons having occa- sion to pass over the same. Provided always, and it is hereby further enacted. That if any part of the banks of the said rivers, creek or drains, which, by this act, are to be kept in repair by the said commissioners, shall at any time be broke down, it shall and may be lawful for the owner or occuf)ier of the lands, where such breach shall happen, to cause the same immediately to be repaired ; such owner or occupier giv- itig notice directly to some officer of the said commis- sioners, that such breach has happened; or if any part of the banks of the said rivers, creek or drains shall be in danger of a breach, and notice of such danger shall be given, in writing, to any of the agents or servants of the said commissioners, by the owners or occupiers of the lands lying against such banks, and the agents or APPENJDIX. 623 servants of the said commissioners shall neglect to repair the same for the space of four days, that then it shall and may be lawful for the owners or occupiers of the lands where danger of such breach shall be, to cause the said banks to be repaired; and, in either of the cases afore- said, the monies expended thereon shall, upon demand, be reimbursed to such owner or occupier out of the tolls to be collected by virtue of this act. And be it further enacted. That the governor, bailiffs Corporiitiou and commonalty of the company of conservators of the Level'to erect said Great Level, shall, at their own expence, cause to ebb-doors at ' * * ' _ Saltcrs Load be erected a pair of ebb-doors at Salters Load Sluice, andOldBed- and also another pair of ebb-doors at Old Bedford Sluice ' aforesaid, which respective doors shall be seven feet three inches high : and that the said doors, and also the said and to keep 1 • <■• 1 1 (-. I 1 • 1 • c- ^ T J sluices in re- sluices at ^tandground Salthirn, otherwise Salters Load, pair. and Old Bedford, shall remain under the care and man- agement of, and from time to time, be kept in repair by the said governor, bailiffs and commonalty. Provided always, That the said commissioners, ap- Commissioners pointed by or in pursuance of this act, shall cause a pair o'f ^ates at'oid of gales to be erected at the mouth of Old Bedford River Bedford; aforesaid, in order to the making of a pen-sluice there; and shall also pay into the hands of the receiver to the and pay fcrty- said governor, bailiffs and commonalt}', the sum of fif- annuaUv to the teen pounds annually out of the tolls to be collected at corporation; Old Bedford Sluice aforesaid, and also the sum of thirty pounds annually, out of the tolls to be collected at Standground and Salthirn otherwise Salters Load Sluices aforesaid, by virtue of this act, in order to defray the ex- pences of ereclini», altering and keeping in repair the said ebb-doors and sluices : And also that it shall be law- who may ful for the said governor, bailiH's and commonalty, with rivers, and the money arising from their own taxes and revenues, f'"'",'"^ ''i^, . J n ' banks, at their from time to time, to cleanse, deepen and scour out any own cApcncc 624 AI'PKNDIX. part or parts of the Old Bedford River and the Forty- toot Drain, and to strengthen and repair any part or jiarts of the banks of the said rivers, creek and drains, without any lett or obstruction from the commissioners appointed by or in pursuance of this act. Commissioners Provided also. That if at any time the said governor, slukes,"if the l^JiiHffs and commonalty shall not keep the said ebb- corporation doors Or sluiccs in repair, and shall neclect to repair the nefrlect upon ' ' ~ * notice; same for the space often days after notice, in writing, shall have been given by the surveyor, appointed by the said commissioners, to the said governor, bailiffs and commonalty, or to any of the keepers of the said sluices, that such repairs are necessary, it shall be lawful for the said commissioners, or any person or persons authorized by them as aforesaid, to cause the said ebb-doors or and to be re- sluices to be repaired ; and the money expended in such repairs shall and may be deducted out of the respective annual sums, or either of them, herein before directed to be paid by the said commissioners to the said governor, bailiffs and commonalty. Navigation to Provided also, and it is hereby further enacted, That be under the .1 • .1 .• c ,u -j sole power of ^^be UDprovcment and preservation o( the said naviga- thc comnus- tions, and the several works already erected or to be sioners. ' erected, and every other matter and thing hereby directed to be done for that purpose (except as herein before is excepted) shall be wholly under the management, direc- tion and controul of the said commissioners, and shall not be under the survey or orders, nor subject to the con- troul, of the said corporation of the Great Level of the Fens, except only in those cases wherein the said cor- poration shall proceed by presentment, and a jury, as commissioners of sewers ; any law or statute to the con- trary in any wise notwithstanding: And that the money, to be raised by virtue of this act, shall be applied and disposed of in such manner as the said commissioners APPENDIX. 625 shall, from time to time, order and appoint, and as herein before is directed concerning the same, and in no other manner whatsoever. Provided also, and it is further enacted, That the drain Proviso con- called Marshland Cut, or the Tongs Drain, shall not at Ton'^s'braiu. any time be run, unless upon a breach of bank, or in case of imminent danger thereof, or unless the water in the said rivers be raised more than one foot above the level soil of the lowest lands in the fens, nor, in any of the said cases, without an order in writing signed by ten of the said commissioners; whereof five to be commissioners for the said corporation of the Great Level of the Fens, or for the borough of King's Lynn ; and the other five to be commissioners for the city of Peterborough, or the places aforesaid. And be it further enacted, by the authority aforesaid, Tunnels not to That where any tunnel shall be made for taking water certain depth. out of the said rivers, creek or drains, into the fens or low grounds, the bottom of such tunnel shall not at any time be laid more than two feet lower than the surface of the adjacent lands ; and that, where any tunnel shall be laid, for taking any water out of the said rivers, creek or drains into the high lands, the bottom of such tunnel shall at all times be laid upon the same level with those in the low or fen grounds ; to the end that such a quan- tity of water may at all times be kept in the said river, as the commissioners, or their agents, shall think proper; and that the same may be constantly maintained of a sufficient depth for the use of the said navigations: And Penalty for if any person shall offend in the premises, by laying the therein"^ bottom of any tunnel lower than herein before is limited and prescribed, and shall be lawfully convicted thereof, before any justice of the peace of the county or place where such otl'ence shall be committed, he or she so offending, shall for every such offence forfeit, to tiie use of the person giving information thereof, the sum of five 2 s 626 APTENniX. pounds, to be recovered by distress and sale of the offen- der's good and chattels, by warrant under the hand and seal of the justice, before whom he or she shall be con- victed as aforesaid. Tunnels laid And he it further enacted by the authority' aforesaid, lower than rp,, • i n i i r i r- i • ■ limited, to be i"^t 1* siiali DC lawiul tor llie commissioners, or any nine taken up. or niorc of them, assembled as albresaid, to cause any tunnel, which is or shall be laid lower than herein before is limited, to be taken up, or otherwise stopped, in such manner as they shall think most proper. Commissioners And be it further enacted by the authority aforesaid, to make orders rj,, ,.-,.. . ™ for improvin"- Inat the Said commissioners, or any nme or more or tiotis'amr ihem, shall have full power and authority, at any of their regulating mectinos as aforesaid, from time to lime, to make such watermen, &c. ^ ^ ^ n • i • i orders and decrees for improving and preserving the said navigations, in pursuance of this act, and for regulating the manner of haling upon the banks of the said rivers, creek and drains, and for the well governing of the watermen and boatincn using the said navigations, as they the said commissioners shall think proper and con- venient. Owners of And be it further enacted by the authority aforesaid, make'satisfac- That every boatmaster, and owner of any boat, lighter tiontordam- or other vessel, which shall pass up or down the said rivers, creek or drains, shall be and is hereby made an- swerable, and shall make satisfaction, for any damage or mischief which shall be done by his or her boa% lighter or other vessel, or by any of the crew thereof, to any of the weirs, locks, dams, sluices, or other works, erected, or to be erected or maintained, by authority of this act; and also for any damage or trespass which shall be done or committed by his or hei' boat, lighter, or other vessel, or by his or her horses or servants, to or upon any banks, lands, or tenements adjoining to the said rivers, creek, or drains ; which satisfaction shall and may be sued for, and recovered, with full costs of suit, by action of tres- pass, or on the case, in any court of record: ages. APPKNDIX. G27 And, for preventine; damasres, mischiefs, and ties- Penalty on ^ ' . persons causing passes, which may be done or committed by rude and any annoyance disorderly persons, Be it further enacted by the authority tion) or offend- aforesaid. That if any waterman, or other person, having '"? against any ' •' ' r ' o order of the the care and management of any boat or other vessel, commissioners, shall lay such boat or vessel so as to obstruct the pas- sage of other boats or vessels, or hinder the opening or shutting ofany of the said locks or sluices, and shall not, when required, immediately remove the same; or if any person shall throw any dirt, gravel, soil, or other annoy- ance, into the waters, within the limits of the said navi- gations ; or shall wilfully offend against any order or de- cree made by the said commissioners, as aforesaid ; such waterman, or other person, so offending, shall and may, by the authority of this act, and without any other war- rant, be apprehended by the constable of the parish or place where such offender shall be found, and carried before any justice of the peace for the same county or place ; who, upon proof of the complaint, by the oath of one or more credible witness or witnesses (which oath the said justice is hereby impowered and required to adminis- ter) or by the confession of the parly accused, shall im- pose such fine upon the offender, as the said justice shall think reasonable, not exceeding five pounds nor less than twenty shillings ; to be levied by distress and sale of such boat or vessel, or of any of the goods and chattels of the offender, by warrant under the hand and seal of such jus- tice ; and, for want of sufficient distress, such offender shall, by like warrant, be committed to the house of cor- rtclion ; there to be kept to hard labour for any lime not exceeding three months, nor less than one month, at the di-.cretion of such justice. Provided always, and be it enacted. That if any per- Persons I 11 I • 1 I ■ 11' • 11 .1 1 -1 acirricved I)y son shall lliink liimself a'Zgrieved hy the order or judg- order of any mcnlofanv justice of the j)cace, upon account of any J"st'cc to ap- •^ •' I ' \ J peal to (|uarl«r '.'il'ence against this act, such person shall have liberty sessions. '2 s 2 G26 APPENDIX. Whose order is to be final. Proceedings not to be quashed for want of form. Application of the forfeitures. Clause to pre- vent the break- ing down of the banks. to appeal to the justices at the next general or quarter session to he held for the county or place, wherein such order or judgment shall have been made or given; the person so appealing giving security, to the satisfaction of the said justice, to prosecute such appeal with effect, and tc pay the costs, which shall be ascertained by the said general or quarter session, in case such order or judgment shall be aflirmed: And the justices in the said general or quarter session are hereby authorized and re- quired to hear and determine the said appeal, and to make such order therein, as to them shall appear just; which order shall be final and conclusive to all parties; and shall not be removeable by writ of Certiorari, or otherwise, into an}- of his Majesty's courts of record at Westminster or elsewhere. Provided nevertheless, That no order or judgment of any justice of the peace shall be quashed or vacated for want of form only. And be it further enacted by the authority aforesaid. That the respective penalties and forfeitures by this act inflicted (the application whereof is not herein particu- larly directed) shall be paid into the hands of the trea- surer or receiver of the monies, to be raised by virtue of this act; and shall be applied and disposed of for the use of the said navigations, and to no other use or pur- pose whatsoever. And for preventing the breaking down or damaging any of the works, which shall be erected or made in pur- suance of this act, Be it enacted by the authority afore- said, That if any person or persons shall wilfully and maliciously cut, break down, damage, or destroy any banks, or other works, erected or made for the purposes aforesaid, such person or persons shall be adjudged guilly of felony ; and shall be subject and liable to the like pains and penalties, as in case of felony : And the courtr,, by and before whom such person or persons shall be APPENDIX. 629 tried, shall have full power and authority to transport such felons for the space of seven years, in like manner as other felons are directed to be transported by the laws and statutes of this realm. And be it further enacted by the authority aforesaid, Commissioners rpi ^ 1 . 1 . . r impowered to Inat the said commissioners, or any twenty-five or more lessen the tolls- of them, assembled at their annual meetino; aforesaid, ^"'^ raise the ' o ' same again, if Upon the third Thursday in August, shall have full power they think fit. and authority from time to time, to lessen or reduce the tolls by this act granted, if they the said commissioners shall think proper; and also to raise and augment the same again, as they the said commissioners, or any twenty-five or more of them, assembled at their annual meeting as aforesaid, or the major part of them so assembled, shall judge necessary; so as no greater tolls be, at any time, demanded or taken, than are by this act granted and made payable. And to the end that the said commissioners ma}', from Treasurer and lime to lime, be enabled to determine what lolls or duties account, may be necessary to be raised for the purposes of this act, and that the respective sums of money to be col- ' lected, levied, and borrowed, by virtue thereof, may be duly accounted for, Be it further enacted by the autho- rity aforesaid. That the treasurer or receiver to be ap- pointed as herein before is directed, shall fairly set down and enter in one or more book or books to be kept for that purpose, an account of all monies by him received and disbursed, in pursuance of this act; specifying, in the said account, the times when, and the persons from and to whom such monies were received or disbursed, and for what uses and {)urposes ; which book or books, or a true copy thereof, signed by the said treasurer or receiver, shall be delivered to the said commissioners, at their annual meeting aforesaid, upon the third Thursday i in August, and also at such other meetings as the said commissioners, or any nine or more of them, siiall re- C30 APPENDIX. quire the same; and the said treasurer or receiver shall also verify the said book or books upon oath, if" there- unto required by the said commissioners, or any nine or more of them, assembled as aforesaid; who are hereby impowered to administer such oath, and also to dis- charge such treasurer or receiver of all such monies as he shall have fairly and truly accounted for, as afore- said: And the said commissioners, or an^' nine or more of them, shall also, at their annual meeting as aforesaid, and at such other meetings as they shall think proper, summon before them, and, if they think fit, examine upon oath (which oath the said commissioners are hereby impowered to administer) the collector or collec- tors, clerk, surveyor or surveyors, and persons employed in or entrusted with the receipt or expenditure of all or any of the monies to be raised by virtue of this act ; which collector or collectors, clerk, surveyor or surveyors, and persons employed or entrusted as aforesaid, are hereby required to render to the said commissioners, or any nine or more of them, assembled as aforesaid, a true, exact and perfect account, in writing, of all and every the sum and sums of money so by them respectively re- ceived or expended as aforesaid: And in case the said treasurer or receiver, collector or collectors, clerk, or any other officer or person employed or entrusted as afore- said, shall be found in arrear, or refuse to account, or to pay the mone\' due upon the balance of such account, according to the orders and directions of the said com- missioners, or any nine or more of them, assembled as aforesaid, it shall be lawful for the said commissioners, or an}' nine or more of ihem, assembled as aforesaid, by warrant or warrants under their hands and seals, to levy, by distress and sale of the goods and chattels of the per- son or persons so found in arrear, or refusing to account, or to pay the money due upon the balance of such account, such sum or sums of money, as he or they shall i; APPKNDIX. 631 be required to account for, or as shall be found due upon the balance of his or their account ; and for want of suf- ficient distress, it shall be lawful for the said commis- sioners, or any nine or more of ihem^ bj^ like warrant or warrants under their hands and seals, to commit such person or persons to the common gaol of the county, city or place where the said commissioners shall be then assembled, there to remain without bail, until he or they shall have made a true account and payment as afore- said. And be it further enacted by the authority aforesaid, Limitatioa of That if any action, suit or information shall be com- menced or prosecuted against any person, for any thing done in pursuance or execution of this act, the person sued shall and may plead the general issue ; and, upon General issue, any issue joined, may give this act and the special mat- ter in evidence; and if, in any such suit, the plaintiff or prosecutor shall become nonsuit, or forbear prosecution, or suffer a discontinuance; or if a verdict shall pass against him, or judgment be given against him, upon a demurrer; then, in any of the said cases, the defendant shall recover treble costs, and have the like remedy for Treble costs. the same, as any defendant or defendants hath or have for costs of suit, in any other cases, by law. Provided always, and be it enacted, That nothing in Rights of the this act contained shall extend, or be construed to ex- Bedford Level tend, to invalidate, lessen, diminish, alter, or take away, ^^^^^' any of the rights, powers or authorities which, by an act made in the fifteenth year of the reign of King Charles the Second (intituled, *' An Act for settling the draining of the Great Level of the Fens, called Bedford Level") or by any other act, statute or otherwise, are vested in the said governor, bailiffs and commonalty; except such rights, powers or authorities as are by this act altered or taken away; or to invalidate, lessen, diminish, alter, or take away, any of the rights, powers or authorities of the 632 Publick act. APPENDIX, said corporation of the Great Level of the Fens, called Bedford Level, as commissioners of sewers, acting by presentment, and trial by a jury. And be it further enacted by the authority aforesaid. That this act shall be taken and allowed in all courts within this kingdom as a publick act; and shall be judicially taken notice of as such by all judges, justices, and other persons, without specially pleading the same. No. XXVII. 1753. FIRST BOND ACT. 29 GEO. IL e.g. An Act for establishing a Fimd fur Payment of the Bonds of the Governor, Bailiffs and Commonalty of the Com- pany of Conservators of the Great Bevel of the Fens, called Bedford Bevel ; and for exchanging the present Bonds of the said Corporation for other Bonds payable out of the Revenues of the Middle and South Bevels, Part of the said Great Bevel; and for enabling the said Corporation to borrow further Sums, for the Use of the said Great Bevel. Preamble, re- Wheheas b}^ an act of parliament made in the fifteenth citing clauses . r t- ^^ i i r- i • • i i in act 15 Car. J'^^f oi the reign oi Kmg Charles the Second, intituled, APPENDIX. 633 " An Act for settling the draining of the Great Level of 2., for draining the Fens, called Bedford Level," taking notice that B^^^ford Level. Francis Earl of Bedford, according to a law of sewers, made at King's Lynn in the sixth year of the reign of King Charles the First, had undertaken the draining of the said Great Level, situate within the counties of Northampton, Norfolk, Suffolk, Lincohi, Cambridge and Huntingdon, and the isle of Ely, and bounded as in the said act is particularly mentioned and described; and that he, the said Earl, was to have for his recom pence ninety-five thousand acres of the grounds within the said level, with convenient highways and passages to the same ; and that William Earl of Bedford, son and heir of the said Earl Francis, with divers of his adventurers and participants, had proceeded in the completing and finish- ing of the said works; but that the same could not be preserved without constant care, great charge, and or- derly government ; it was therefore, amongst other things, enacted. That the said William Earl of Bedford, and the adventurers and participants of the said Earl Francis and Earl V\'illiam, or either of them, their heirs and assigns, in such manner as in the said act is con- tained, should be a body politic and corporate, in deed and name, and have succession for ever, by the name of The Governor, Bailifi's and Commonalty of the Com- pany of Conservators of the Great Level of the Fens ; with power to lay taxes upon the said ninety-five thou- sand acres only (twelve thousand acres whereof had been designed and intended for his late Majesty King Charles the First, and had been set forth and allotted by bounds in severalty) for the support, maintenance and preserva- tion of the said Great Level, and to levy the same with penalties for non-payment, and to do all other things in order to the support, maintenance and preservation of the said Great Level and Works made and to be made, in such manner as in the said act is mentioned : and 634 APPKNDIX. whereas by anollicr act made in the twenlietli year of 20 Car. 2. the reign of King Charles the Second, intituled, " An act for the taxing and assessing of the lands of the adven- turers within the Great Level of the Fens," it was enacted, that eighty-three thousand acres, parcel of the said ninety-five thousand acres, should from time to time be taxed and assessed by a gradual acre-tax, of different sorts and values of lands ; and that the said twelve thou- sand acres, residue of the said ninety-five thousand acres, should be taxed as a medium of the whole tax, to be from time to time assessed upon the said ninety-five thousand acres ; and to the end that the said eighty- three thousand acres might be more equally taxed by a gradual tax, certain persons in the same act named, were appointed surveyors and valuers of the said eighty-three thousand acres; and were, within the time limited by the act, to digest the said eighty-three thousand acres into a number of sorts and degrees, not under the num- ber of seven sorts and degrees, and to rate and tax such degrees, and digest the same into schedules in writing, and make returns thereof, upon their oaths, into the Fen Office, in such manner as by the said act is prescribed : And whereas by valuations made by the several persons appointed by the said act of the twentieth of King Charles the Second, and duly returned into the office of the said corporation in London, the said eighty-three thousand acres were set out and digested into eleven different sorts and degrees of land, and the several sums to be rated and assessed upon each of the said sorts and degrees, as their respective proportions of the taxes to be paid to the said corporation were by the said valuations settled and limited ; and the said eighty-three thousand acres have always since been taxed by a gradual acre- tax, according to the degrees and proportions so set out and allotted, and the said twelve thousand acres at a medium of such tax ; a single tax upon the said eighty- APPENDIX. 635 three thousand acres, together with the produce of a proportionable tax upon the said twelve thousand acres, amounting to the sum of five thousand and fifty-one pounds seven shillings and two pence: And whereas by and 2" Geo. 2. another act made in the twenty-seventh year of the reign of his present Majesty, intituled, "An act for discharg- ing the Corporation of the Governor, Bailiffs and Com- monalty of the Company of Conservators of the Great Level of the Fens, commonly called Bedford Level, from a debt due to the Duke of Bedford and Earl of Lincoln j and for enabling the Proprietors of Lands in the North Level, Fart of the said Great Level, to raise Money to discharge the Proportion of the said North Level in the Debts of the said Corporation ; and for ascertaining and appropriating the Taxes to be laid on the said North Level ; and for the more effectual draining and preserv- ing the said JNorth Level, and divers Lands adjoining thereto, in the Manor of Crowland ;" taking notice (amongst other things) that at a court of the said cor- poration, held the tenth day of March, one thousand six hundred and ninety-seven, the said corporation declared, that the said Great Level should be distinguished by the several names of the North Level, Middle Level, and South Level ; and also taking notice that the said cor- poration, in order to support and preserve the several works for draining the said Great Level, had been obliged to borrow money and contract debts, amounting in the whole to the sum of forty-nine thousand one hundred and fifty-three pounds eleven shillings and nine-pence; it was amongst other things, enacted, That the said go- vernor, bailiffs and commonalty of the company of con- servators of the said Great Level of the Fens, and their successors, and all and every the lands, taxes, rents and revenues of the said corporation, should be absolutely discharged from the sum of eighteen thousand nine hun- dred and thirteen pounds eleven shillings and nine pence 636 Al'I'liNDrX. (pari of the said debt of fortj'-ninc thousand one hun- dred and fifty-lhrce j)ounds eleven shillings and nine- pence) due and owing to the most noble John Duke of Bedford, and the Right Honourable Henry Earl of Lin- coln, who are the owners of the greatest part of the lands lying within the said North Level ; and that the sum of one thousand eight hundred pounds, to be raised from the taxable lands lying within the said North Level, in the manner by the said act directed, should, when raised, be applied in discharge of the proportion of the said North Level of and in the residue of the said debt of forty-nine thousand one hundred fifty-three pounds eleven shillings and nine pence 3 And it was by the said last-mentioned act also further enacted and declared, That the taxes chargeable by virtue of the said acts of the fifteenth and twentieth years of King Charles the Second, upon the taxable lands within the said North Level, should be alwa3^s thereafter fixed and settled upon so much thereof as shall be part of the said eighty-three thousand acres at a tax and a quarter, and on so much thereof as shall be part of the said twelve thousand acres, in proportion thereto, according to the said act of the twentieth of King Charles the Second, and should not be lessened or increased under any pretence whatsoever ; and that all the money which should arise or be produced by the said taxes, within the said North Level, and all other the rents and revenues arising and payable to the said corporation, by, from or out of the said North Level, or any part thereof, should from thenceforth be applied and disposed of by the said governor, bailiffs and commonalty, and their successors, in and about the several banks and works of the said North Level, in the said act particularly mentioned, and to and for no other purpose whatsoever; and that the said North Level, and all and singular the lands, tenements, rents, taxes, and revenues thereof should be freed, exonerated, and dis- APPENUIX. 637 charged of and from the residue of the said debt of forty- nine thousand one hundred and fifty-three pounds eleven shillings and nine pence, and all interest, payable for and in respect thereof; and that the said North Level, or the lands, rents, revenues, and taxes thereof, or of any part thereof, should not be subject or liable to the pay- ment of any debt, or sum or sums of money, which should at any time thereafter be contracted, taken up, or borrowed by the said corporation, for or on account of the said Middle or South Levels, or either of them ; and also that the said Middle and South Levels, or either of them, or the lands, tenements, rents, revenues, and taxes of them, or either of them, should not be subject or liable to the payment of any debt, or sum or sums of money whatsoever, which should at any time thereafter be contracted, taken up or borrowed by the said corpo- ration, on account of the said North Level : And whereas the said sum of one thousand eight hundred pounds has been raised and applied in pursuance of the said act of the twenty-seventh year of his present Majesty's reign ; and the said corporation have also, since the making of the said last-mentioned act, paid off the sum of one thousand pounds, in further part of the said debt of forty-nine thousand one hundred and fifty-three pounds eleven shillings and nine pence, over and besides the said sum of one thousand eight hundred pounds raised and applied as aforesaid; whereby the debt of the said corporation is reduced to the sum of twenty-seven thou- sand four hundred and forty pounds : And whereas the said debt of twenty-seven thousand four hundred and forty pounds is secured by bonds, under the seal of the said corporation, who have thereby bound and obliged themselves to pay the several sums mentioned in the said respective bonds ; and inasmuch as the said sum of twenty-seven thousand lour hundred and forty pounds is, by the said act of the twenty-seventh year of his present 638 APPENDIX. Majesty, become a charge upon the said Middle and South Levels only, it is become necessary to exchange the bonds lor securing the said dttbt and to mention in the new bonds to be given for that purpose, that the money so to be secured is due from the said Middle and South Levels only : And whereas doubts have arisen amongst the creditors of the said corporation, concerning the securities they now have for their respective debts, by reason tliat the said corporation have it in their power, under the before-mentioned acts of the iifteenth and twentieth of King Charles the Second, either to tax such parts of the said ninety-five thousand acres, as lie within the said Middle and South Levels, with very small taxes, or not to lax the same at all, whereby the fund for the payment of the debts, due to the said creditors, may become deficient : Atid whereas the said corporation may have occasion to borrow further sums of money for the support and preservation of the said Great Level ; and it will be necessary to distinguish in all future bonds, to be entered into by the said corporation, whether the money borrowed upon such bonds be for or on account of the said Middle and South Levels, or for or on account of the said North Level: To the end therefore that a sufficient fund may be at all times hereafter raised and secured for payment of the bonds of the said corporation; and that the bonds given by the said corporation for the said sum of twenty-seven thousand four hundred and forty pounds, may be exchanged as aforesaid ; and that the said corporation may be enabled to borrow such fur- ther sums as shall be necessary for the support and pre- servation of the said Great Level ; and that distinct bonds may be given for the money which shall be so borrowed upon account of the said Middle and South Levels, and upon account of the said North Level; be it enacted by the King's most excellent Majesty, by and with the advice and consent of the lords spiritual and temporal, APPENDIX, 639 and commons, in this present parliament assembled, and by the authority of the same, That during such time as A sinerlc tax to , , r. 1 11 I 1 ^ • r 1)0 laid upon the any debt or sum or money stiall be due and ovvmg from Middle and or upon account of the said Middle and South Levels, all ?°".''' ^,*'^^=' I ' ounnf^ the cod- such parts of the said eisrhty-three thousand acres as lie tinnance of any wilhm the said Levels, or either or them, shall yearl}' and every 3'ear be, and the same are, hereby rated, taxed, charged and assessed by and with a single gradual acre tax ; and such parts of the said twelve thousand acres as lie within the said Middle or South Levels, with a me- dium of such single gradual acre-tax, according to the said act of the twentieth of King Charles the Second, and the valuations made in pursuance thereof. Provided always, That it shall be lawful for the go- CorporatioD vernor, bailiffs, and conservators of the said corporation, ""J'r^farther* from time to tim.e, to rate, charge, tax or assess all such ^^^' ^f °eces- sary. parts of the said eighty-three thousand acres, and twelve thousand acres, as lie within the said Middle or South Levels, with any farther tax which they, the said gover- nor, bailiffs and conservators, shall judge necessary, in the same manner as they might have done before the making of this act. And be it further enacted, That in lieu of the bonds New bonds to heretofore given by the said corporation, for securing the ue/o^ the payment of the said debt of twenty-seven thousand four ^"^'"^^ for the ' -' "^ present debt, hundred and forty pounds, the said governor, bailiffs, and conservators, or any five or more of them, whereof the said governor or bailiffs, or any of them, to be two, shall give other bonds under the common seal of the said corporation, for the respective sums due to the person or persons possessed of such bonds, mentioning in the bond, so to be given, that the money secured thereby is due and owing upon account of the said Middle and South Levels; and all and singular the rents, taxes and revenues of the said Middle and South Levels shall be, and they arc hereby declared to be, a security for, and shall be G40 APPENDIX. charged and chargeable with, the payment of the sums nientioucJ in such bonds, and all interest due and to be- come due thereupon. Corporation And to the end that the said corporation maybe at all empowered to . . ' borrow for the times enabled to raise such sums of money as shall be NorUi Lc\-cl necessary for the support and preservation of the said not exceeding Great Level, and for dcfravinar the other necessary ex- 5000/. _ ' , pences attending the same; be it further enacted. That it shall be lawful for the said governor, bailiffs and con- servators, or any seven or more of them, vvhereof the said governor, or bailiffs, or any of them, to be two, with the consent of the Duke of Bedford, his heirs or assigns, lord or lords, lady or ladies, of the manor of Thorney, and of the Earl of Lincoln, his heirs or assigns, owner or owners of High and Low Borough Fen, from time to time, to borrow upon bonds, under the common seal of the said corporation, such sum or sums of money as they, the said governor, bailiffs and conservators, or any seven or more of them as aforesaid^ shall judge necessary for the use of the said North Level, not exceeding in the whole the sum of five thousand pounds; declaring in such bonds, that the money secured thereby, is due and owing uj)on account of the said North Level; and also any Bnd any sum sum or sums of money which they the said governor, for tlie Middle i -i-n" j l r .i and South bailins and conservators, or any seven or more or tiiem Levels, so as j^g aforesaid, shall judsje necessary for the use of the said the whole debt 'JO J do not exceed Middle and South Levels, or either of them, so as by the 32,000/. , • r 1 1 1 , r I • 1 borrowing or sucli sum or sums the debt of the said cor- poration, upon account of the said Middle and South Levels, be not at any time made lo exceed, in the whole, the sum of the thirty-two thousand pounds ; declaring in the bonds to be given for such sum or sums, that the money secured thereby is due and owing upon account of the said Middle and South Levels ; And the respective rents, taxes, and revenues of the said North Level, and of the said Middle and South Levels, shall be, and they APPENDIX. 641 are hereby made a security for repa3'ment of the sums so respectively to be borrowed, with legal or less interest for the same, as shall be agreed upon between the said corporation and the person or persons lending such money ; but no money, to be borrowed upon account of Moneyborrow- the said North Level, shall be charged or chargeable NonhLeyei upon any of the rents, taxes or revenues of the said not to be charp;eal)lc on Middle and South Levels, or either of them; nor shall the Middle and any money, to be borrowed on account of the said AJiddle aud wccre«a.' and South Levels, be charged or chargeable upon any of the rents, taxes or revenues of the said North Level, or any part thereof. Provided always, and be it enacted. That all bonds to Bonds to be be hereafter given by the said corporation, shall be num- no"c^tobe'^ bered, beginning with number one, and so proceeding in given formore ^ ^ . ' '■ ° than 100/. arithmetical progression; and that no bond shall be given for any greater or less sum than one hundred pounds. And be it further enacted. That all bonds to be given to be transfer- bv the said corporation, shall be transferrable or assign- rabie without ' ' ^ stamps. able by indorsement upon the original bond^ without stamps*, to any person or persons whomsoever; and such Assignments to transfer or assignment being produced to the register of the^relister of the said corporation, and by him entered in a book to be the corpora- kept tor that purpose, (which entry the said register is hereby required to make upon request, the person pro- ducing such transfer or assignment, paying the sum of two shillings and sixpence for every such entry) shall entitle the jjcrson or persons to whom such transfer or assignment shall be made, his, her or their executors, ad- ministrators or assigns, to the money secured by such bond, and all interest due or to grow due thereupon, • Since this act an act hath passed to make a stamp necessary on the assignment of all bonds, given as security by commissioners of tnrnpikcs, for purposes of draining navigable canals, &c, 2 T 642 APPENDIX. And such assignee or assignees may, in like manner, by indorsement witliout stamp, assign and transfer such bond or bonds so assigned as aforesaid ; and so toties quoties, as occasion shall require; every such assign- ment being entered in such book as aforesaid. Money, raised And be it further enacted, That all and singular the bv the corpora- „ . i • i tion upon the rents, taxes and sums or money to be received, raised or the rospi ctire " levied by the said corporation, from, upon, or upon ac- Levels, how to countof sucli part of the said ninetv-five thousand acres, be applied. as lie \viihin the said North Level, shall be charged and chargeable, in the first place, with the payment of such sums of money as shall at any time hereafter be bor- rowed by the said corporation upon account of the said Norlh Level, and the interest of such sums; any thing in the said act of the twenty-seventh year of his present Majesty's reign to the contrary thereof in anywise not- withstanding : and that all and singular the rents, taxes and sums of money to be received, raised or levied by the said corporation, from, upon, or upon account of such part of the said ninety-five thousand acres as lie within the said Middle and South Levels, or either of them, shall be charged and chargeable, in the first place, with the payment of the aforesaid debt of twenty-seven tliousand four hundred and fort}' pounds, and of such other sums of money as shall be borrowed upon account of the said Middle and South Levels, and of the interest of such debt and sums of money : and the receiver of the said corporation is hereby impowered and required, out of the first money which shall from time to time come to his hands, arising from the rents, taxes and revenues of the said North Level, to pay the interest of such bonds as shall be entered into upon account of the said North Level, and also the principal money due Bondstobc upon such bonds, upon six months' notice left for that six months purpose at the ofhce of the said corporation in London, notice given at ■^^. ^^^ person or pcrsons possessed of such bonds ; and APPENDIX. 643 the said receiver is also hereby impowered and required, out of the first money which shall from lime to time come to his liands, arising from the rents, taxes and re- venues of the said Middle and South Levels, to pay the interest of such bonds as shall be entered into upon account of the said Middle and South Levels, and also the principal money due upon such bonds, upon like notice left at the office of the said corporation. Provided always, and it is hereby enacted and de- If not paid, re- clared, That in case anj' of the bonds to be given by corporation to the said corporation, upon account of the said North vest m the ' ' possessors of Level, or upon account of the said Middle and South the bonds till Levels, shall not be paid by the said receiver, pur- suant to such notice left or given as aforesaid, then the rents, taxes and revenues of the said North Level, and of the said Middle and South Levels, shall respec- tively vest in the person or persons possessed of such bonds, until the same, together with all interest due thereupon, shall be fully satisfied and paid; and such person or persons, their executors, administrators or assigns, shall have the same power, rights, and privi- leges of recovering the said rents, taxes and revenues of the said North Level, and of the said Middle and South Levels respectively, as the said corporation would have had in case such bonds had been regularly and fully satisfied and paid. And be it further enacted. That a distinct account Distinct ac- shall, from lime to time, be kept of the rents, taxes, kept of the re- revenues and sums of money arising and pavable to the venues of the •' o - •' respectire said corporation within the said North Level, and of all lands. monies which shall be applied and disposed of for the use or upon the account of the said North Level, or any part thereof; and that a like account shall from time to lime be kept of the rents, taxes, revenues, and sums of money, arising and payable to the said corporation within the said Middle and South Levels, and of all 2 T 2 644 APPENDIX. monies which shall be apj)lied and disposed of for the use or upon account of the said Middle and South Levels, or either of them. And be it further enacted and declared. That this act shall be deemed and allowed, in all courts within this kingdom, to be a publick act; and shall be ju- dicially taken notice of as such, by all judges, jus- tices, and other persons, without specially pleading the same. No. XXVllL 1771. SECOND NORTH LEVEL ACT, 11 Geo. III. c. 78. An Act to enable the Corporation of the Governor^ Bailiffs aitd Commonalty of the Company of Conservators of the Great Level of the Fens, called Bedford Level, to com- plete and muintaiji the principal Banks and Works, ite- ccssary to the uell draining and preserving the North Level, part of the said Great Level, and for lai/ing Taxes upon the Lands within the said North Level, and on divers Lands adjoining thereto, in the Manor of CroW' land. Whereas by an act made in fifteenth year of the reign Preamble re- of King Charles the Second, intituled '' An Act for iVcar. 2. draining the Great Level of the Fens called Bedford APPENDIX. ^^^ Level." It was, amongst other things enacted, that William Earl of Bedford, and the adventurers and par- ticipants of Francis Earl of Bedford, and the said Earl VA'^illiam or either of them, their heirs and assigns, in such manner as in the said act is contained, should be a body politic and corporate, in deed and in name, and have succession for ever, by the name of the governor, bailiffs, and commonalty of the company of conservators of the Great Level of the Fens, with power to lay taxes upon ninety-five thousand acres of land, allotted as a recompence for draining the said Great Level, (twelve thousand acres whereof had been designed and intended for his late Majesty King Charles the first, and had been set forth and allotted by bounds in severalty) for the support, maintenance, and preservation of the said Great Level, and works made and to be made in such manner as in the said act is mentioned. And whereas, by an act made in the twentieth year of And 20 Car. 2. King Charles the Second, intituled " An Act for taxing and assessing of the lands of the adventurers within the Great Level of the Fens." It was enacted, that eighty- three thousand acres, parcel of the said ninety-five thou- sand acres, should from time to time be taxed and asses- sed by a gradual acre-tax, of different sorts and values of land ; and that the said twelve thousand acres, residue of the said ninety-five thousand acres, should be rated at a medium of the whole tax, to be from lime to time assessed upon the said ninety-five thousand acres ; and to the end that the said eighty-three thousand acres might be more equally rated by a gradual acre-tax, cer- tain persons in the said act named were appointed sur- veyors and valuers of the said eighty-three thousand acres, and were within the time limited by the said act, to digest the said eighty-three thousand acres into a number of sorts and degrees, not under the number of seven sorts and degress, and to rate and tax such degrees. 646 APPENDIX. and digest the same into schedules in writing, and make returns thereof upon their oaths into the Fen-office, in such manner as by the said act is prescribed. Auci27Geo. 2. ^nd whereas, by another act made in the twenty-se- venth year of the reign of King George the Second, in- tituled, "An Act for discharging the Corporation of the Governor, Bailiffs, and Commonalty of the Company of Conservators of the Great Level of the Fens commonly called Bedford Level, from a debt due to the Duke of Bedford and Earl of Lincoln, and for enabling the Pro- prietors of Lands in the North Level, part of the said Great Level, to raise Money to discharge the proportion of the said North Level, in the Debts of the said Corpo- ration, and for ascertaining and appropriating the Taxes to be laid on the said North Level ; and for the more effectual draining and preserving ihe said North Level, and divers Lands adjoining thereto in the Manor of Crow- land ;" reciting, amongst other things, that the valuations of the said surveyors were returned by them into the Fen Office, as by the said act of the twentieth of King Charles the Second was directed ; and that the said eighty-three thousand acres had always since been taxed according to the degrees and proportions thereby set out and allotted, it was (amongst other things) enacted, that in order to raise money sufficient to discharge the sum of one thousand eight hundred pounds, ascertained and declared to be the proportion of the said North Level of and in the debts of the said corporation, contracted be- fore the year one thousand seven hundred and twenty- eight, that it should and might be lawful to and for the proprietors of taxable lands within the said North Level to purchase off so much of the taxes charged on their respective lands by virtue of, or under the said recited acts of parliament of the fifteenth and twentieth years of the reign of his said late Majesty King Charles the Second, at and after the rate of thirty years purchase. APPENDIX, 647 computing and settling the said taxes on the said eighty- three thousand acres at a tax and a quarter, and on the said twelve thousand acres in proportion thereto, accord- ing to the said act of the twentieth of King Charles the Second, as should be sufficient to raise the said sum of one thousand eight hundred pounds. And it was thereby further enacted, that the taxes chargeable by virtue of and under the said acts of the fifteenth and twentieth of King Charles the Second, or either of them, upon the residue of the taxable lands within the said North Level, should be always then after, and were thereby fixed and settled upon so much thereof as should be part of the said eighty-three thousand acres at a tax and a quarter; and on so much thereof as should be part of the said twelve thousand acres, in proportion thereto, accord- ing to the said act of the twentieth of King Charles the Second, and should not be lessened or increased, under any pretence whatsoever ; and that all the money which should arise or be produced by the said taxes within the said North Level, and all other the rents and revenues arising and payable to the said corporation, by, from, or out of the said North Level, or any part thereof, should from thenceforth be aj^plied and disposed of, by the said governor, bailiffs, and commonalty, and their successors, in and about the several banks of the said Level therein arid hereafter mentioned, (that is to say) in the first place, to raise, make good, and keep in repair the north bank of Moreton's Leame, the east bank of Cordyke from Moreton's Leame to the Folly Bank, the Folly Bank from Cordyke to tlie River Welland, the bank reaching from the Folly Bank to Peakirk Town ; and the south bank of the River Welland to the West Dam at the west end of Crowland Town, until the said banks should be made of such a height and strenght as the governor, bailiffs, and commonalty or their successors should judge sufii- cicnt to defend the said North Level and South Holland, from and against the land Hoods ; and from and after the 648 APPENDIX. banks aforesaid should be put into such a state of secu- rity as aforesaid, then the said taxes, rents, and revenues should be applied for and towards repairing and strength- ening the banks of Shiredrain, scouring out the outfall, and repairing Gunthorpe Sluice ; and also for and towards repairing and strengthening the south bank of the River Old South Eau from West Dam aforesaid to Clow's Cross; and also the west bank of the said river Old South Eau from Clow's Cross to Guyhirn ; and the banks of the Counter Drain from Guyhirn to the east end of the severals in Stand Ground ; and that the said taxes, rents, and revenues should not be applied or dis- posed of to, or for any other purpose or purposes what- soever. And it was thereby further enacted, that the said North Level, and all and singular the lands, tene- ments, rents, taxes, and revenues thereof should be, and the same were thereby fully and absolutely freed, exon- erated, and discharged of and from the paj'ment of all other debts and sums of money whatsoever then due and owing by or from the said corporation. And whereas it was by the said act of the twenty- seventh of King George the Second, further enacted, that the lands and grounds in the said North Level, and the lands called Portsand, otherwise Great Porsand, lying within the manor of Crowland in South Holland, in the county of Lincoln, containing together about forty-eight thousand acres, intended to be drained under the power and authority of the said act, should be divided into five districts or divisions in manner therein mentioned, and commissioners were thereby nominated and appointed for the said several districts ; and the said commissioners thereby nominated and appointed were directed to meet on the first Monday in the month of July in every year, and were thereby im powered to assess and charge the owners and occupiers of the lands and grounds within the several districts, (except as therein is excepted) with equal and proportionable yearly rates and taxes, so that APPENDIX. 649 the said rates and taxes for the first four years, should be after the yearly rate of one shilling- for every acre of the said lands and grounds ; and so that after the expi- ration of the said term of four years, the said rates and taxes should not exceed in any one year six pence for every acre of the said lands and grounds; and it was thereby further enacted, that the taxes, and sums of money so to be assessed and rated, and all money to be borrowed on the credit thereof, should be applied by the commissioners for putting that act into execution, for and towards the works of draining and preserving all the said districts or divisions in the said act particularly mentioned, being different works from those to which the taxes arising from the said North Level, under the said acts of the fifteenth and twentieth of King Charles the Second, and the rents and revenues of the said North Level, were directed to be applied by the said act of the twenty-seventh of King George the Second, and the quantities of the lands and grounds so to be rated and taxed were by the said act directed to be ascertained by the oath of the owners or proprietors or occupiers there- of, and by other means by the said act directed; and the quantities of such lands have since been ascertained accordingly. And whereas, the said tax and a quarter fixed upon such part of the said eight}-- three thousand acres, and twelve thousand acres, as lie within the said North Le- vel, by the said act of the twenty-seventh of George the Second, amounted to the yearly sum of seven hundred and seventy-seven pounds thirteen shillings and four pence halfpenny, and several proprietors of the said tax- able lands having, pursuant to the power given b}' that act of parliament, purchased off the taxes chargeable on their lands to the amount of sixty pounds a year, the said one thousand eight hundred pounds debt was thereby raised and paid off, and the said yearly sum of seven 650 APPENDIX. hundred and sevenly-seven pounds thirteen shillings and four pence halfpenn}', arising from the said tax and a quarter, was thereby reduced to the sum of seven hundred and seventeen pounds three shillings and four pence halfpenny. And 29 Geo. 2. And uhereas, by another act of the twenty-ninth year of his late Majesty King George the Second, intituled *' An Act for establishing a Fund for Payment of the Bonds of the Governor, Bailiffs, and Commonalty of the Company of Conservators of the Great Level of the Fens, commonly called Bedford Level, and for ex- changing the present Bond of the said Corporation for other Bonds payable out of the Revenues of the Middle and South Levels, part of the said Great Le- vel, and for enabling the said Corporation to borrow fur- ther Sums for the use of the said Great Level ;" It was amongst other things enacted, that it should be lawful for the said governor, bailiffs and conservators of the said corporation, or any seven or more of them, whereof the said governor and bailiffs, or any of them, were to be two, with the consent of the Uuke of Bedford, his heirs or assigns, lord or lords, lady or ladies, of the manor of Thorney, and of the Earl of Lincoln, his heirs or assigns, owner or owners of High and Low Borough Fen, from time to time to borrow upon bonds under the common seal of the said corporation, such sum or sums of money as they the said governor, bailiffs, and conservators, or any seven or more of them as aforesaid, should judge neces- sary, for the use of the said North Level, not exceeding in the whole the sum of five thousand nounds, declarinfy in such bonds that the money secured thereby was due and owing upon account of the said North Level, and the rents, taxes, and revenues of the said North Level were thereby made a security for the payment of the sum so thereby to be borrowed, with legal or less interest for the same, as should be agreed upon between the said APPENDIX. 651 corporation, and the person and persons lending such money ; and it was thereby further enacted, that all and singular the rents, taxes, sura and sums of money to be raised or levied by the said corporation, from, upon, or on account of such part of the said ninety-five thousand acres, as lie within the said North Level, should be charged and chargeable in the first place with such sums of money as should at any time then after be borrowed by the said corporation upon account of the said North Level, any thing in the said act of the twenty-seventh of King George the Second to the contrary thereof in any wise notwithstanding ; and the receiver of the said cor- poration was thereby impowered and required, out of the first money which should from time to time come to his hands, arising from the rents, taxes and revenues of I he said North Level, to pay the interest of such bonds as should be entered into upon account of the said North Level, and also the principal money due upon such bonds, upon six months notice left for that purpose at the office of the said corporation in London, by the person or persons possessed of such bonds. And it [was thereby further enacted, that in case any of the bonds to be given by the said corporation upon account of the said North Level, should not be paid by the said receiver pursuant to such notice left or given as aforesaid, then the rents, taxes, and revenues of the said North Level, should vest in the person or persons possessed of such bonds, until the same, together with all interest due thereupon, should be fully paid and satisfied, and that such person or persons, his or their executors, administrators or assigns, should have the same power, rights and privileges, of recover- ing the said rents, taxes, and revenues of the said North Level, as the said corporation would have had in case such bonds had been regularly and fully satisfied and paid. And whereas, several breaches having happened in the Breaches of 652 APPENDIX. bank In 1763 and 1764. 5000/. borrow- ed, upon l)ond. Other breaches in 1767. Other debts contracted. Further brea- ches. The present revenues of the corporation in- sufficient for the necessary repairs. said north hank of Moreton's Leame, in the years one thousand seven hundred and si.\ty-threc, and one thou- sand seven hundred and si.\ty-four, the said corporation in order to repair the said bank, and carry on the other works directed by the said act of the twenty-seventh year of King George the Second, borrowed upon l)onds the whole sum of five thousand pounds, which they were b}' the said last recited act enabled to borrow upon account of the said North Level, which debt still remains due and unpaid, and the interest now paid for the same amounts to the annual sum of two hundred and twenty- five pounds, and the clear annual revenue arising to the said corporation from the said tax, and a quarter upon the taxable lands within the said Level, after the pay- ment of such interest, was thereby reduced to the sum of four hundred and eighty-two pounds, three shillings and four-pence halfpenny. And whereas, other breaches having happened in the said north bank of Moreton's Leame, in the year one thousand seven hundred and sixty-seven, the said five thousand pounds has been expended, and other debts contracted by the said corporation in the necessary re- pairs of the said north bank, and other works belonging to the said corporation in the said North Level. And whereas, further breaches having very lately hap- pened in the said north bank of Moreton's Leame, the lands lying in the said North Level, and in the manor of Crowland, comprized in the said act of the twenty-seventh year of the reign of King George the Second, are now thereby greatly overflowed with water, and the said tax and a quarter, subject to the said five thousand pounds debt, and the other rents and revenues arising and pay- able to the said corporation by, from, and out of the said North Level, being greatly insufficient to repair the said bank, and to discharge the debts already incurred as aforesaid, and to support and maintain the other works APPENDIX. 663 to which the same are directed to be applied by the said act of the twenty-seventli year of King George the Second, and the maintaining of the said works being absolutely necessary to the preserving and well draining of the lands lying in the said North Level, and the said manor of Crowland, the proprietors and owners of the said lands are willing and desirous that a tax should be laid upon all the lands in the said North Level and manor of Crowland aforesaid, in order to raise money to answer these purposes, and to be disposed of in such manner as herein after is mentioned ; but though such tax to be laid for the purposes aforesaid, would be for the benefit of the proprietors of lands in the said North Level and manor of Crowland, yet the same cannot be laid, nor can the said lands br eftectually drained and preserved without the aid and authority of parliament. May it therefore please your Majesty, That it may be enacted ; and be it enacted by the King's most excellent Majesty, by and with the advice and consent of the lords spiritual and temporal, and com- mons, in this present parliament assembled, and by the authority of the same, That for, and notwithstanding the said herein before mentioned act or acts, or any of them, or any clauses in them, or any of them contained, all and singular the lands and grounds, situate and being within the said North Level, and the said land called All the lands Portsand, otherwise Great Porsand, lying within the said LeveL ""^^ manor of Crowland, comprized in the said act of the twenty-seventh year of King George the Second, (except Great Burrough Fen Common, otherwise Peterborough Great Fen Common, the common now commonly called the Four Hundred Acre Common in Alderlands, Little Burrough Fen Common, otherwise Peterborough Little Exception. Fen Common, otherwise Flagg Fen Common, and that 654 APPENDIX. Charged and assessed with a tax of (jd, per acre. And the lands called Port- sand, otherwise Great Porsand, with three pence an acre. The quantities of the ground hereby taxed to be takau as ascertained in pursuance of 27th Geo. 2. part of Sutton Common which lies south of Old South Eau, and also all the lands called Hurts Grounds, in the parish of Stand Ground, and also all the lands of Oxney and Tanholt Farms, Chapel Close, Borough-hill Closes, Padhain's Peakirk, Long Meadows, J^eakirk Little Mea- dows, and the closes adjoining thereto, Newark Edger- ley, and the closes adjoining thereto towards the West and North Billingswood, and the closes adjoining thereto in the parish of Paston, the lands called the Inhams, lying south of the Folly-bank, and the closes at the south end of the Inhams, called Puttock Closes, and also except all the high lands in Eyebury and Newark, and all the high lands in the parishes of Peterborough, Werrington, Glinton, Peakirk, Eye, Stand Ground, and Whittlesey, or any of them) shall yearly, and every year be, and the same are hereby rated, charged and assessed in manner following (that is to say) all the said lands and grounds within the said North Level, (except as before excepted) with a tax of sixpence for ever}' acre of the said lands and grounds, and the said lands called Portsand, otherwise Great Porsand, with a tax of three pence for every acre thereof, and that the said taxes shall be paid to the governor, bailiffs, and commonalty of the company of conservators of the Great Level of the Fens, or to their receiver to be appointed as herein after is directed by the respective owners or occupiers of the said lands or grounds, so hereby rated, charged and assessed on the thirtieth day of June, and the thirtieth day of December in every year, by equal half yearly payments, the first half yearly payment thereof to be made on the thirtieth day of June, which shall happen next after passing this act. And it is also hereby enacted, That the quantities of the lands and grounds hereby rated, charged and asses- sed, shall be taken according to the respective quantities thereof, ascertained in pursuance of the said act of the APPENDIX. 655 twenty-seventh of King George the Second as aforesaid, and that the respective owners or occupiers of the said lands and grounds shall pay the taxes hereby rated and assessed according to the same number of acres, roods and perches, as they are now rated and taxed at under that act. And it is hereby further enacted and declared, by the authority aforesaid^ That the taxes hereby charged and to be paid as aforesaid, and also all and every sum and To be applied with the mo- sums or money, to be raised by sale or mortgage or the ney arising by said taxes so hereby imposed, and to be borrowed and the ativenture received npon the credit of this act, or of the said taxes ^^"'^^ **"** ^^^^ , ' _ other rents and hereby imposed in manner herein after directed, shall revenues of the together with the money arising by the said tax and a ^°^^ quarter fixed upon such part of the said ninety-five thou- sand acres as lie within the said North Level, and all other the rents and revenues arising and payable to the said corporation, by or from the said North Level or any part thereof, (but subject and without prejudice to the But without payment of the said five thousand pounds, borrowed by debt otoOOO/.' the said corporation upon bond as aforesaid, or the in- ^^^'^'-^'\y ^^°^- r r ' rowed upon terest thereof) be applied and disposed of b^' the said boud. governor, bailiffs and commonalty and their successors, in the first place to the paying and defraying the charges To the cx- ^ , . ^ r 1 • 1 111 <• peaces of this or this act, and afterwards in and towards the charges or act, and after- the several banks and works of the said North Level only, ^^""'^s to the •' ' works or the in the said act of the twenty-seventh year of King George North Level, the becond, and herein arter mentioned, (that is to say) Geo, 2. and to pay and discharge such debts as have been incurred tione^"^'^' for repairing the said north bank of Moreton's Leame, and other works, directed by the said act of the twenty- seventh of King George the Second, and for ever here- after to raise, make good, and keep in repair the said north bank of Moreton's Leame, the east bank of Cor- dyke from Moreton's Leame to the Tolly Bank, the east and west bunks of the Folly from Cordykc to the river 656 APPENDIX. Welland ; the Old Cord yke to Peakirk town, the bank reaching from the Folly Bank to Peakirk town, and the south bank of the river VA'elland to the VV^est Dam at the end of Crowland town, until the said banks shall be made of such a height and strength, as the said go- vernor, bailiffs, and commonalty, or their successors, shall judge sufficient to defend the said North Level, and South Holland, from and against the land floods ; and from and after the banks and other works aforesaid shall be put into such a state of security as aforesaid, then to apply such money, for and towards rej)airing and strengthening the banks of Shire Drain, scouring out the outfall, and repairing, altering, removing and re- building Gunlhorpe Sluice, and also for and towards re- pairing and strengthening the south bank of the river Old South Eau ; from \Vest Dam aforesaid to Clows Cross, and also the west bank of the said river Old South Eau, from Clows Cross to Guyhirn; and the banks of the Counter Drain, from Guyhirn to the east end of the sevcrals in Stand Ground : AuCi after all the abuve works are effectually strengthened and repaired, then for and towards the repairing and strengthening the north bank of the river Old South Eau, from the Lott Mill in the first district, to Dowesdale. And whereas, doubts have arisen whether the drain in the said first district of the said North Level, from Grif- fen*s Bar, across part of the said Great Burrow Fen Common, to the south-east corner of the Slipe River, Twelve-foot Otherwise the drain called the Twelve-foot Drain, which Drain to be a -.i ij-r -ii l c r" public drain '^ *^^'^ Only drain tor conveying the waters rrom Eye, within tlie Northam, Northam Reaches, and the adventurers lands 27th Geo. 2, ' ^ ' called the Thirds of the Reaches in Eye and Northam aforesaid, is included in the description of the general drains mentioned and described in the said act of the twenty-seventh year of his late Majesty King George the Second, it is hereby enacted by the authority afore- APPENDIX. '^'■■' 657 said. That the said drain shall from and after the passing of this act be deemed and taken as a publick drain, within the said act, and shall at all times hereafter be maintained, scowered and repaired by the commissioners of the said first district or division, in and by the said act of the twenty-seventh of King George the Second, appointed or hereafter to be appointed, and that no dam, clongh, door or sluice, made or to be made in the said Slipe River, or any drain leading therefrom, or the drain called Pepper Lake or Catwater to the mill called the Black-horse Mill, in the said first district, near the pointing doors in the said first district, shall be shut down without the consent of the owners or occupiers of the above mentioned lands. And whereas the north bank of Moreton's Leame, and Welland Bank, from Peakirk town to the West Dam at Crowland, are frequently damaged by swine or hogs being suffered by the owners of such swine or hogs to go there, to the great prejudice of the country, be it enacted by the authority aforesaid, That if any swine or hogs. Hog clause, shall from and after the twenty-fourth day of June, one thousand seven hundred and seventy one, be found upon the said banks or any of them, that the owner or owners of such swine or hogs, shall forfeit and pay to the said receiver, so to be appointed by the said governor, bai- liff's and conservators, the sum of ten shillings for every such swine or hog that shall be found on the said banks ; such penalty to be applied for and towards the repairs of the banks where such swine or hogs shall be respectively found : And that such penalty of ten shillings, shall upon proof of the fact, upon the oath of one witness, before any one or more justice or justices of the peace of the county or place where such banks shall be situated, or by confession of the owner or owners of such swine or hogs, be levied by distress and sale of the goods and chattels of the owner or owners of such swine or hogs 2 u 668 APPENDIX. Commissioners of the five dis- tricts iu act 27 Geo. 2. To elect a com- mittee to su- perintend and direct works. respectiveh', by a warrant or warrants under the hand and seal or hands and seals of such justice or justices (which warrant or warrants, such justice or justices, is and are hereby authorized and required, to grant and to administer such oath as aforesaid), the overplus remain- ing after such penalty recovered, and the charges of such distress and sale lo be returned to the owner or owners of such goods and chattels. Provided always, and be it enacted, that it shall and may be lawful for the commissioners for the five several districts or divisions, nominated or appointed, elected or chosen, by virtue of the said act of the twenty-seventh year of King George the Second, or of the powers or authorities thereby given, or any forty or-more of them, assembled at their next and every other general yearly meeting, on the first Monday in ihe month of July in every year, to elect eighteen of the said commissioners to be a committee, to superintend and direct the repairs and amendments, to be made of and in the said banks and works, for the year ensuing, the said eighteen commis- sioners to be chosen in manner following, that is to say, six of the said committee to be chosen out of the com- missioners for the third district, and three others of the said committee out of the commissioners for each of the other four districts; and that the names of the eighteen persons so to be chosen yearly as a committee, shall be certified under the hands of the chairmen and clerk of such yearly meetings, and returned to the register of the said governor, bailiffs, and commonalty at their office in London, within ten days after every such election : and in case the said chairmen and clerk shall neglect or refuse to make such return, then that it shall and may be lawful for any two of the commissioners present at such election, to make such return to the register of the said governor, bailififs, and commonalty at their said office in London, within twenty days after every such election. APPENDIX. 669 And it is hereby further enacted, That it shall be law- Committee or ful for the said committee so to be chosen as aforesaid, or upon three the major part of them, who shall be assembled at any 'iJ's no'^ice. meeting within the said North Level, to be held upon two days notice in writing, given by the clerk of the commis- sioners for the said five districts, or by any two of the said committee, (such notice to be either delivered per- Or any three sonally to every one of such committee, or left at their mittee'^in'case respective dwelling-houses or places of abode,) or in case of any breach. of any breach of bank, for any five or more of the said committee, so that such five or more consist of one com- mittee-man for each district, assembled together without such notice, or the major part of them, to direct by To direct such writing under their hands, such works to be done by the works as they ^ ' -i shall see neces- officers of the said corporation, as they shall see neces- sary. sary for any of- the purposes aforesaid, and that the The charges of 1 1 c \ 1 1 11 u -J 1 such works to charges and expences or such works shall be paid by ^^ p^jd by the the said corporation, out of the taxes, rents, and revenues corporation. aforesaid, and out of the money to be raised by the sale or mortgage of, or borrowed on the security of the said taxes, as hereinafter is mentioned; and such committee so met, shall and may adjourn themselves from time to time as they shall see occasion. And to the end that the said taxes hereby charged and Tenants to pay assessed, may be from time to time the more easily col- lected and received; be it further enacted, by the autho- rity aforesaid, that all and evers' the occupiers of the lands and grounds charged or assessed by virtue of this act shall be, and are hereby required and made liable to pay the said taxes so charged and assessed upon the lands and grounds in their respective occupations ; and in case of such |)ayment by any tenant or tenants who And such as shall hold the lands and grounds by him, her, or them, """c at rack *^ -I ' ' ' rent niny de- occupied at a rack rent or rack rents, such tenant or duct the same, tenants shall be at libert}', and is, and are hereby im- powercd to deduct and retain out of his or their rent, all 2 u 2 660 APPENDIX. No deduction allowed to ten- ants, under bishops' leases. Tax may be levied by dis- tress and sale. such sum or sums of money as he or they shall respec- tively pay for such taxes as aforesaid ; and the several and respective landlords or owners of such lands or grounds, are hereby required to allow such deductions or payments upon the receipt of the residue of their rents, and such tenant or tenants producing proper receipts for the payment of such sum or sums of money so made in pursuance of this act; and all and every tenant and te- nants so holding at a rack rent, and paying such taxes shall be acquitted and discharged from and against his, or their landlord or landlords of, and from so much money as the tax by him or them so paid as aforesaid shall amount unto, in as full and ample manner, as if the same had been actually paid to his, her, or their landlord or landlords. Provided always, and it hereby enacted and declared by the authority aforesaid. That no lessee or tenant for any life or lives charged and assessed with the said taxes, who shall hold the same by virtue of, or under any lease, from any bishop or collegiate church or college, or any ecclesiastical corporation, sole or aggregate, or the trus- tees for the charity of Peterborough or gther beneficial lease whatsoever, shall be intitled to deduct the taxes charged and assessed by this act, out of the rent reserved or payable by any such lease, to his, her, or their land- lord or landlords, but the said taxes shall be charged upon, or be paid by the said lessees or tenants, so holding such lands or grounds under any such lease or leases as afore- said, any thing herein before contained to the contrary thereof in any wise notwithstanding. And be it further enacted by the authority aforesaid. That if any person or persons, shall neglect to pay the taxes charged and assessed upon the lands or grounds in his, her, or their possession or occupation by virtue of this act, within twenty-one days next after the same shall become due or payable, to the receiver appointed ta APPENDIX. ^" receive the same b}- the said governor, bailiffs, and com- monalty, at his usual place of residence within the said North lievel ; it shall and may be lawful to and for any person or persons, by virtue of any warrant or precept, under the hand and seal of such receiver, to enter into, and upon the lands or grounds so charged and assessed as aforesaid, in possession of such person or persons as shall make default in payment as aforesaid ; and all mes- suages or tenements thereupon, standing or thereunto belonging, with their appurtenances ; and to levy the sum or sums of money b\^ him, her, or them payable for such taxes, by distress of the goods and chattels which shall be found on the premisses, so charged with such taxes in arrear as aforesaid; and in case no sufficient distress can be found on the premisses, it shall be lawful to and for such person or persons, by virtue of such war- rant or precept as aforesaid, to levy all arrears of the said taxes by distress of the goods and chattels of the person or persons so making default in payment as afore- said, which shall be found in any other place within the kingdom of Great Britain; and the goods and chattels so distrained, to impound on the premisses, or take, lead, drive, carry away, and keep for the space of five da^^s at the costs and charges of the owner or owners thereof, leaving at such messuage or tenement, grounds or premis- ses, notice in writing of the cause of such distress ; and if the owner or owners of the goods and chattels so dis- trained shall not pay the sum and sums of money due, and in arrear for the said taxes as aforesaid, and all charges attending such distress, or replevy the goods and chattels so distrained, with sufficient sureties to be givea to the sheriff of the county where the distress shall be so made, or high bailiff of the Isle of Ely according to the laws now in being, for distresses in case of non-payment Distress may r , ■ \ ■ r 1 . r. i i • ' , be Sold at the ot rent wiiliiii hve days next aiter such distress made, cndoffiM and notice thereof given as aforesaid, the person or per- *^"^* 662 APPENDIX. sons so distraining shall and may with the sheriff or under sheriff' of the county, high bailiff of the Isle of Ely, or his deputy by him appointed and acting for him, constable or headborough of the parish where such dis- tress shall be made (who are hereby required to assist therein) cause the goods and chattels so distrained to be appraised by two or more indifferent persons, to be sworn by such sheriff;, under sheriff, high bailiff or his deputy constable or headborough (who are hereby empowered to administer such oath) to appraise the same according to the best of their judgments ; and after such ap[)raise- ment it shall and may be lawful to and for such person or persons making such distress to sell the goods and chattels so distrained for the best price that can be got- ten for the same, for, and towards satisfaction of the monies for which such distress shall be so made, and the charges of taking, keeping, appraising, and selling the goods and chattels so distrained, leaving the overplus (if any) in the hands of such sheriff, under sheriff, high bailiff, or his deputy constable or headborough, for the owner's use. Provided always, and it is hereby enacted and de- clared, That in case any of the said lands or grounds shall Ifthelands ^t any time hereafter be untenanted or unoccupied, so shall be un- "^ . ^' tenanted, and that no sufficient distress can be found for levying the no distress can .,. . p -i.i .iii j be had, the saiQ taxcs in arrear as aroresaid, tnen the lands and lands to re- grounds cliarijeable therewith, shall alwavs remain a maiu a sccun- o ^ ^ ty for the rates, security for the payment thereof, and all goods and chattels which shall at any time thereafter be found thereon, shall and may be distrained, impounded, kept, appraised, and sold in manner aforesaid, until all arrears of the said taxes and the charges of such distress shall be fully paid and satisfied. And forasmuch as the rents, taxes and revenues of the said North Level, subject to the said debt of five thou- sand pounds, and the money so to be yearly levied and APPENDIX. 663 coUecied in pursuance of this act, will not be sufficient for answering the necessary charges and expences already incurred, and the further charges and expences necessary for the immediate repairing and maintaining of the works aforesaid, and which may hereafter be necessary: It is The proprietors hereby enacted by the authority aforesaid, That it shall taxed may pur- and may be lawful for the proprietors of lands within the t^xll tiu!^rate said North Level, and manor of Crowland, to purchase oftiiirty years purchase. off the said taxes charged on their respective lands by virtue of this present act, after the rate of thirty years purchase, and upon payment of the several sums of money for the purchase of the said taxes as aforesaid, to the said governor, bailiffs and commonalty, to be by them applied towards the works before directed, or the debts incurred on account thereof, the said several pur- chasers, their heirs, executors, administrators and assigns, and their respective lands and tenements, shall be from thenceforth fully and absolutely freed, exonerated and discharged of and from so much of the said taxes as by them shall have been respectively so purchased; and that it shall and may be lawful to and for the said go- vernor, bailiffs and commonalty and their successors, and they are hereby required upon such payment as aforesaid, at the costs of such purchasers, to execute un- der their common seal, good and sufficient conveyances, releases, and discharges of, for, and from the taxes so purchased as aforesaid, to the said several purchasers, their heirs, executors, administrators and assigns respec- tively, describing and bounding therein the lands which shall be thereby released and exonerated from the said taxes, in pursuance of such purchases. And it is hereby further enacted by the authority afore- And the cor- poration of the said, That it shall and may be lawful for tiie governor, Hedforri Level, bailifl's and conservators of the said corporation, and their s^q|.' ^f "thT"' successors, or any seven or more of them, whereof the owners of the manor ot governor and bailiffs or any of ihem to be two, with the TUomcyHigU 664 APPBNDIK. and Low Bo- rough Fen and the manor of Crowland, may borrow money on bonds at interest not exceeding 5/. per cent. The money raised by sale and borrowed, not to exceed 20,000/. The former re- renues of the North Level (subject to the former debt) and the present tax, to be a se- curity for tlie money so bor- rowed. The bonds to be numbered. consent of the devisees in trust, under the will of John late Duke of Bedford, or the survivors or survivor of them, or the executors, administrators or assigns of such survivor, until one of the grandsons of the said late Duke of Bedford, the sons of the late Right Honorable Francis Russell, commonly called Marquis of Tavistock, shall attain the age of twenty-one years, and then of the Duke of Bedford his heirs or assigns, lord or lords, owner or owners of the manor of Thorney, and of Sir Sampson Gideon, Baronet, his heirs or assigns, owner or owners of High and Low Borough Fen, and of Charles Orby Hun- ter, his heirs or assigns, lord or lords, lady or ladies of the manor of Crowland, or of the owners for the time being of any two of the same manors and lands from tiuie to time, to borrow upon bonds under the common seal of the said corporation such sum and sums of money as they the said governor, bailiffs, and conservators, or any seven or more of them as aforesaid, shall judge ne- cessary for the purposes aforesaid, so that the whole money to be raised by sale of the said taxes as aforesaid, and borrowed, do not exceed the sum of twenty thou- sand pounds, declaring that the money secured by such bonds is due and owing upon account of the said North Level, and is borrowed pursuant to this present act ; and the rents, taxes and revenues of the said North Level (but without prejudice to the present bond creditors, for the said sum of five thousand pounds, or any of them) and the said taxes charged and assessed by this present act, shall be, and are hereby made a security for the sums so borrowed, with legal, or less interest for the same, as shall be agreed upon between the said corporation and the per- sons lending such money ; but no money so to be bor- rowed shall be charged or chargeable upon any of the rents, taxes, or revenues of the Middle and South Level, part of the said Great Level of the Fens. Provided always, and be it enacted, That all bonds so APPENDIX. ""^ to be given by the said corporation shall be numbered, beginning with number one, and so proceeding in arith- metical progression ; and that no bond shall be given for any greater or less sum than one hundred pounds. And be it further enacted, That all bonds so to be given And to be as- by the said corporation shall be transferable or assignable dors^ement ^^' by indorsement upon the original bond, without stamp, to without stamp. any person or persons whatsoever, and such transfer or assignment being produced to the register of the said corporation, and by him entered in a book to be i I 1 -i-,v PI 1 count of Mid- wnereor the governor or bailiris, or any or them, to be die and South three, to borrow upon bonds, under the common seal ^^"^ ^' of the said corporation, any sum or sums of money which they shall see necessary, for the use of the said Middle and South Levels, or either of them, at legal or less ia- , terest for the same, as shall be agreed upon between the said corporation and the person or persons lending such money, so as by the borrowing of such sum or sums of soasthe money the debt of the said corporation, upon account of ^^'"'"^ '^f^^ ^^ •' I ' I not made to the said Middle and South Levels, including the said exccedthc , , p 1 • 1 1 111 1 sum of 44,000/. present debt of thirty thousand seven hundred pounds, be not at any time made to exceed in the whole the sum • of forty-four thousand pounds j declaring in the bonds to be given for such sum or sums, that the money secur- ed thereby is due and owing upon account of the said Middle and South Levels; any thing in the said act of the twcuty-ninlh year of his lute Majesty King George 67S APPENDIX. The several parts of the y5,000 acres as lie in the Mid- dle and South Levels, charg- ed with a tax and a quarter during the con- tinuance of any part of such additional debt. Bonds to be transferrable, without stamps. the Second to the contrary thereof in any wise notwith- standing. And be it further enacted, by the authority aforesaid, That during such time as the debts which shall be due and owing from the said corporation, upon account of the said Middle and South Levels, shall exceed the sum of thirty-two thousand pounds, all such parts of the said eighty-three thousand acres as lie within the said Mid- dle and South Levels, or either of them, shall yearly and every year be, and the same are hereby, rated, taxed, charged, and assessed, with a quarter, or fourth part, of a single gradual acre tax, over and above the single gra- dual acre tax with which the same are rated, taxed, charged, and assessed, by the said act of the twenty- ninth year of his said late Majesty ; and that, during such time as aforesaid, such parts of the said twelve thousand acres as lie within the said Middle and South Levels shall likewise be, and the same are hereby, rated, taxed, charged, and assessed, with a medium of such further tax of a quarter, or fourth part, of a single gra- dual acre tax, according to the said act of the twentieth of King Charles the Second, and the valuations made in pursuance thereof. Provided always. That it shall and may be lawful for the governor, bailiffs, and conservators of the said cor- poration, from time to time, to rate, tax, charge, or assess, all such parts of the said eighty -three thousand acres and twelve thousand acres as lie within the said Middle or South Levels, with any further tax which they the said governor, bailiffs, and conservators, shall judge necessary, in the same manner as they might have done before the making of this act. And be it further enacted, by the authority aforesaid. That all bonds to be given by the said corporation for the money to be borrowed by them as aforesaid, as well as the bonds already given for the said debt of thirty APPENDIX. 679 thousand seven hundred pounds, shall be Iransferrable or assignable, by indorsement upon the original bonds, wilhout stamp, to any person or persons whomsoever J and such transfer or assignment being produced to the Assignments to ^ . , . , . . Ill- . 1 • be entered with register or the said corporation, and by him entered in a the register of book to be kept for that purpose (which entry the said the corpora- register is hereby required to make upon request, the person producing such transfer or assignment, paying the sum of two shillings and six pence for every such entry) shall entitle the person or persons to whom such transfer or assignment shall be made, his, her, and their executors, administrators, or assigns, to the money secur- ed by such bonds, and all interest due, or to grow due, thereupon ; and such assignee or assignees, his, her, or their executors and administrators, may, in like manner, by indorsement without stamp, assign and transfer such bonds so assigned as aforesaid, and so toties quoiies as occasion shall require; every such assignment being en- tered in such book as aforesaid. And be it further enacted, by the authority aforesaid. Money raised mi 11 1 • 1 1 1 r by the corpo- Ihat all and singular the rents, taxes and sums or mo- ration upon the ney, to be received, raised, or levied, by the said corpora- in^MWdieand tion, from, upon, or on account of, such part of the said South Levels, ..... bow to be ninety-five thousand acres as lie within the said Middle applied. or South Levels, or either of them, shall be charged or chargeable, in the first place, with the payment of the aforesaid debt of thirty thousand seven hundred pounds, and of all such other sums of money as shall be borrowed upon account of the said Middle and South Levels as aforesaid, and of the interest of such debt and sums of nioni-y ; and the receiver of the said corporation, for the time being, is hereby empowered and required, out of the fust money whicli sljall from time to lime come to his iiands, arising from the rents, taxes, and revenues, of the said Middle and South Levels, to pay the interest of the bunds entered into, .uul If) l>e entered into, upon account 680 APPENDIX. of the said Middle and South Levels, and also the prin- cipal money due upon such bonds, upon like notice left at the office of the said corporation. Provided always, and it is hereby enacted and de- clared, by the authority aforesaid, That in case any of the bonds, given by the said corporation upon account of the said Middle and South Levels, shall not be paid by the said receiver, pursuant to such notice left or given as aforesaid, then the rents, taxes, and revenues, of the said Middle and South Levels shall vest in the person or persons possessed of such bonds, until the same, toge- ther with all interest due, and to become due, thereupon, shall be fully satisfied and paid ; and such person or per- sons, their executors, administrators, or assigns, shall have the same power, rights, and privileges, of recovering the said rents, taxes, and revenues, of the said Middle and South Levels, as the said corporation would have had in case such bonds had been regularly and fully paid and satisfied. Provided also, and be it further enacted and declared, by the authority aforesaid, That no money to be bor- rowed by the said corporation, upon account of the said Middle and South Levels, or either of them, shall be charged or chargeable upon any of the rents, taxes, or revenues, of the said corporation arising within the said North Level, or any part thereof. How the mo- Provided always, and be it further enacted, by the au- is^be'ap^Ld. thority aforesaid. That the money to be borrowed in pur- suance of this act, as aforesaid, or any part thereof, shall not be applied by the said corporation to any other works but the repairing, maintaining, and preserving, the south banks of Moreton's Leame beginning at Standground ; the north bank of the Hundred Foot from Erith to Sai- lers Load ; the bank from the Hard Lands of Swasey to the Hermitage; the south bank of the Hundred Foot from the Hermitage to Denver Sluice; the west bank of APPENDIX. "81 Owse from Denver Sluice to Little-porl; the west bank of the Grant, from Harrimeer to Clayhithe; the east bank of the Owse, from Helgay Creek to Harrimeer; and the east bank of the Grant, from Harrimeer to Clay- hithe; and the several sluices and gales adjoining to those banks. Provided also, and be it further enacted by the autho- The sum of . . ., , , , r • 1 fiOO/.tobeap- rity aroresaid, that no more than the sum or six thou- plied only in sand pounds of the money to be borrowed in pursuance breachofbank- of this act, shall be applied for the purposes aforesaid; except in case of actual breach of some or one of the banks before mentioned; and that the sum of six thou- sand pounds, residue of the money so to be borrowed in pursuance of this act, shall be applied only in repairing the breaches which shall from time to time happen in the said banks, or any of them. And, to the end that and to be re- there ma\' always be a sufficient fund to repair the paid, so as to . . . be a perpetual breaches which may from time to lime happen in the fund for that said banks, be it further enacted, by the authority afore- P"*"?"^®' said, that all such sums of money as shall be so applied in repairing and amending such breaches of banks shall, from time to time, be repaid and reimbursed by the said corporation, out of their general yearl}' revenue arising from the rents and taxes of the said Middle and South Levels (but subject, and without prejudice, to the debts of the said corporation, and to the remedies given for recovering the same) ; at the yearly rate of ten pounds for every one hundred pounds advanced for the purpose aforesaid, and so in proportion for a greater or lesser sum till the capital sums so advanced (without any in- terest for the same) shall, from time to time, be repaid or reimbursed ; and that the money, from time to time repaid or reimbursed, shall be again applicable to the repairing and amending of such breaches of banks as aforesaid, or to the payment of the money borrowed for that pur|)ose ; and that so much thereof as shall be again 682 APPENDIX. applied in repairing such breaches of banks, be again repaid or reimbursed out of the general yearly revenue of the said corporation, arising from the rents and taxes of the said Middle and South Levels, in manner aforesaid; nnd so toties quoties as often as any money so repaid or reimbursed shall be again laid out in repairs of breaches of banks as aforesaid. Public act. ^^^ ^^ ^^ further enacted and declared, by the autho- rity aforesaid. That this act shall be deemed and allowed in all courts within this kingdom to be a public act, and shall be judicially taken notice of as such by all judges, justices and other p.ersons, without specially pleading the same. 1782. No. XXX. TURF ACT. 23 Geo. Ill, c. 25. An Act to enable the Corporation of the Governor, Bai- liffs, and Commonalty of the Company of Conservators of the Great Level of the Fens, to sell their Taxes of cer- tain Lands within the Middle and South Levels, part of the said Great Level, which have been or may be dug for Turf; and to apply the Money arising from such Sale, towards discharging the Bond Debts of the said Corpora- tion upon account of those Levels. Charles 2. the fifteenth year of the reign of his late Majesty King APPENDIX. Charles the Second, intituled " An Act for sellling the Draining of the Great Level of the Fens, called Bedford Level," it was enacted, That William then Earl of Bed- ford, and the adventurers and participants of Francis then late Earl of Bedford, and of the said Earl Williara, their heirs and assigns, in such manner as therein men- tioned, should be a body politick and corporate, in deed and name, and have succession for ever, by the name of, the governor, bailiffs, and commonalty of the company of conservators of the Great Level of the Fens ; and for the continuance of the said corporation in succession for ever, the said governor, bailiffs, and commonalty were to be chosen annually in manner therein mentioned ; and the said governor, bailiffs, and conservators, or any five or moreof them, whereof the said governor, bailiffs, and con- servators, or any of them, were to be two, were thereby empowered to lay taxes, from time to time, on ninety- five thousand acres of land within the said Level (allot- ted as a recompence for draining the said Level) for the support, maintenance and preservation of the said Great Level, and to levy the same with penalties j and, after reciting that twelve thousand acres, part of the said ninety-five thousand acres, had been designed and in- tended for his then late Majest}', and set forth in seve- ralty, and that his said then late Majesty had been in possession thereof, and had granted two thousand acres, parcel thereof, to Jerome Earl of Portland, his heirs and assigns, who had sold and granted the same to other persons, it was by the said act enacted, that the said two thousand acres should be vested in such persons, subject, with the residue of the said ninety-five thousand acres, to all taxes and charges necessary and conducing to the preservation of the said Great Level from drowning ; and it was thereby further enacted, that the eighty-three thousand acres, remainder of the said ninety-five thou- sand acres, should be vested in the said governor, bailiffs. 683 684 AJ»PENDIX. Act of 20th Charles 2. for taxintc 83,000 •acres (parcel of the yS, 000) by a gradual acre tax, and 12,000 acres at a medium of such tax. The lands set out into eleven sorts or de- grees, accord- ing to which the same have since been taxed. and conimonalty of the said company of conservators of the said Great Level of the Fens, and their successors, in trust for the said William Earl of Jiedford, and the ad- venturers and participants of the said Earl Francis and Earl William, their heirs and assigns, in such parts and proportions as they then held the same, subject never- theless and liable to the payment of all taxes and charges as aforesaid ; and the said ten thousand acres, whereof his said then late Majesty had been in possession as afore- said, were thereby vested in his then Majesty, subject to the like taxes : And whereas, by another act of parliament made and passed in the twentieth year of his said late Majesty King Charles the Second, intituled, " An Act for the Taxin<>; and Assessing of the Lands of the Adventurers within the Great Level of the Fens," it was enacted, that all taxes imposed or to be imposed for preservation of the said Level should be assessed upon the said eighty- three thousand acres, parcel of the said ninet3'-five thou- sand acres, by a gradual acre tax of different sorts and values of land ; and surveyors and valuers were thereby appointed to digest the said eighty-three thousand acres into a number of sorts and degrees, and to make returns thereof into the Fen-office, according to which the same were in future to be taxed ; And the said twelve thou- sand acres, residue of the said ninety-five thousand acres, were to be rated at a medium of the said tax : And whereas, in pursuance of the said last-mentioned act, the surveyors thereby appointed did set out the said eighty-three thousand acres into eleven sorts or degrees of land, to be rated and taxed in manner following; that is to say, for a single tax four-pence per acre on the first sort of land, eight-pence per acre on the second sort, and so encreasing four-pence upon every sort, the eleventh sort to be taxed at three shillings and eight-pence per acre; and all greater or less sums which the said corpo- APPJENDiX. 683 ration should have occasion to levy and raise were to be assessed according to that proportion ; and the said valuations were returned by the said surveyors to the Fen-office; and the said eighty-three thousand acres have since been taxed by a gradual acre tax, according to tiie degrees and proportions so set out, and the said twelve thousand acres at a medium of such tax. And whereas, the said Great Level was divided into Tlic Great three parts, known and distinguished by the names of the in'to'^three"^' North Level, the Middle Level, and the South Level : P^^'^- And whereas the yearly laxes and revenues of the said Taxes insuffi- Levels having been insufficient for supporting the works works, and for draining and preserving the same, the said governor, debts iacurred. bailiffs, and commonalty were obliged to borrow money at interest for that purpose, and by means thereof con- tracted very large debts, some of which were incurred generally upon account of the whole of the said Great Level, some upon accountof the said NorthLevel only, and others upon account of the said M iddle and South Levels. And whereas, by an act of parliament passed in the Act of 27th twenty-seventh year of the reign of his late Majesty North Le'vel Kin"; Georse the Second, the said corporation was dis- separated from , W 1 , r • , , . , tl'e Middle and charged rrom a debt or eighteen thousand nme hundred South Levels. and thirteen pounds eleven shillings and nine-pence, due to the then Duke of Bedford and Earl of Lincoln, which had been incurred upon accountof the said NorthLevel; and they were in consequence of the said act discharged of one thousand eight hundred pounds, by the said act provided for discharging the pro[)ortion of the said North Level in a debt of fourteen thousand three hundred pounds, then due from the said corporation upon account (jf the whole of the said Great Level; but the said cor- [)oration remained liable to a debt of twelve thousand live hundred pounds (residue of the said fourteen thou- sand three hundred pounds), and to a debt of filteen thousand nine hundred and forty pounds (making toge- 6^ APPENDIX. ther twenty-eight thousand four hundred and forty pounds), upon account of the said Middle and South Levels, owing to sundry persons upon bonds from the said corporation under their common seal ; and the taxes and revenues arising from the said North Level were by the said last-mentioned act discharged from the said debts, and were not to be liable to any future debts which might be contracted by the said corporation for or upon account of the said Middle and South Levels; and the taxes and revenues arising from the said Middle and South Levels were not to be liable to any debts thereafter to be contracted for or upon account of the said North Level : 29tb Geo. *2. And whcreas, by another act of parliament passed in the directed to be twenty-nintb year of the reign of his said late Majesty, given by the King Gcorgc the Second, reciting, (among other things) thedebtdueon that the Said debt of twenty-eight thousand four hun- account of tbe i i , ^ i i i i i i Middle and dred and forty pounds had been reduced to twenty-seven ou eveis. thousand four hundred and forty pounds, it was enacted, that during such time as any debt should be due upon account of the said Middle and South Levels, all such parts of the said eighty-three thousand acres as lie within those Levels, or either of them, should be yearly taxed with a single gradual acre-tax, and such parts of the said twelve thousand acres as lie within those Levels with a medium of such tax ; but it was provided that the said corporation might assess the same with any fu- ture tax in the same manner they might have done be- fore the passing of the said act; and it was thereby fur- ther enacted, that, in lieu of the then bonds, for securing the said debt of twenty-seven thousand four hundred and forty pounds, the said corporation should give other bonds, under the common seal of the said corporation, for the respective sums due to the persons possessed of the then bonds, specifying in such new bonds that the money secured thereby was due and owing upon account APPENDIX. 687 of the said Middle and South Levels; and the taxes and revenues of those Levels were thereby made a security for, and charged with, the payment of the sums men- tioned in such bonds, and the interest thereof; and the said governor, bailiffs and conservators were thereby empowered to borrow upon bonds, under the common seal of the said corporation, such sums of money as they should judge necessary, for the use of the said Middle and South Levels, not increasing the debt of the said cor- poration upon account of those Levels beyond the sum of thirty-two thousand pounds, declaring, in the bonds given for such sums, that the same were due and owing upon account of the said Middle and South Levels ; and the taxes and revenues of the said Middle and South Levels were thereby made a security for the monies so to be borrowed on account of those Levels ; and such bonds were thereby made assignable or trans ferrable : And whereas, in pursuance of the last-mentioned act, new bonds were given by the said corporation for the said debt of twenty-seven thousand four hundred and forty pounds upon account of the said Middle and South Levels, according to the directions of the said act ; and further sums were borrowed on bond for the use of those Levels : And whereas, by another act of parliament, passed in i2tliG'co. 3. the twelfth year of the reign of his present Majesty, re- the corporation J " I J J f empowered to citing, or taking notice, that the debt of the said cor- borrow further poration, upon account of the said Middle and South countofthose Levels, was then encreased to the sum of thirty thousand ^^^''^ **• seven hundred pounds, the said corporation was em- powered to borrow upon bonds, under the common seal, any sums for the use of the said Middle and South Le- vels, so as that the debt of the said corporation, upon account of those Levels, including the then debt of thirty ihousarid seven hutidn.'d pounds, should not at any lime l)e made to exccctl in llic whole the sum ot lorly-four ^^ APPENDIX. thousand pounds, declaring in such bonds that the mo- ney secured thereby was due and owing upon account the said Middle and South Levels j And it was thereby enacted, That, during such time as the debts of the said corporation, upon account of" the said Middle and South Levels, should exceed the sum of thirty-two thousand pounds, all such parts of the said eighty-three thousand acres as lie within those Levels, should be yearly assessed and charged with a quarter or fourth part of a single gradual acre-tax, over and above the single gradual acre-tax with which the same were then charged, by the said act of the twenty-ninth year of his said late Majesty King George the Second, and such part of said twelve thousand acres as laid within those Levels with a medium of such further tax; but it was provided, that it should be lawful for the said corporation to charge or assess such further taxes thereon as they might have done before the making of the said act; and all the taxes and revenues of the said corporation, arising from the said Middle and South Levels, were thereby made a security for the pay- ment of the aforesaid debt of thirty thousand seven hun- dred pounds, and of such other sums as should be bor- rowed on account of those Levels, and the interest thereof. Tbedcbtofthe And whereas, in pursuance of the said last-mentioned corporation, on i /. . i r ncconntof act, several sums were borrowed tor the purposes thereor is now 35^^800/ ^^ ^^^^ ^^'^ corporation, upon bonds under their commoB seal, on account of the said Middle and South Levels, means whereof the debt of the said corporation, upon account of the said Middle and South Levels, is now encreased to the sum of thirtj^-five thousand eight hun- dred pounds, for which the taxes and revenues of the said corporation, arising from those Levels, are a secu- rity as aforesaid: Part of the And whereas, the fuel principally made use of in seve- hLveVeTa'^cut ^^^ towns, villages, and hamlets, within the said Middle APPENDIX. 689 and South Levels, is turf or peat dug out of lands there- for turf, and in 3 and divers parts of the said ninety-five thousand fit for that pur- aeres of land, commonly called Adventure Land, so taxed ^°^^' and taxable as aforesaid, lying within the said Middle and South Levels, have been heretofore cut or dug for turf, and the same, and other parts of such adventure lands may be fit to be cut for that purpose; and it will Expedient to be expedient to enable the said governor, bailiffs, and pomion to seU commonalty to sell the said tax or taxes, wherewith such *''c taxes of •' ' Buch lands, and lands as have been so heretofore cut, or now are or apply the mo- hereafter may be fit to cut, for turf, are now charged by paymenroflihe virtue of the several acts of parliament aforesaid, or any ^^^*^' of them, or wherewith the same might be hereafter charged, by virtue of the power of taxation, vested in the said corporation by the said acts, or any of them, and to apply the money arising from such sale towards discharge of the said bond debts of the said corporation, upon account of the said Middle and South Levels : Mai/ it therefore please your Majesty, Upon the humble petition of the said governor, bailiffs, and commonalty of the company of conservators of the said Great Level of the Fens, That it may be enacted, and be it enacted, by the King's most excellent Majesty, by and with the advice and consent of the lords spiritual and temporal, and commons in this present parliament assembled, and by the authority of the same, That from The corpora- and after the first day of June one thousand seven bun- gd to'^s^rthr' dred and eighty-three, it shall and may be lawful to and taxes of such ,. , 1 -i./Y- 1 /• 1 -1 lands as have fur the governor, bailifls, and conservators ot the said been or may corporation, or any five or more of them, whereof the to tTie owners' governor and bailiffs, or any of them, to be two, to sell of such lauds. and dispose of the said tax or taxes, wherewith such parts of the said ninety-five thousand acres, lying within the said Middle and South Levels, or either of them, as 2 Y 690 APPENDIX. have been heretofore cut, or now are or hereafter may be fit or proper to cut, for turf, are now charged or charge- able, by virtue of the several acts of parliament afore- said, or any of them, or wherewith the same lands might be hereafter charged or assessed by virtue of the power of taxation vested in the said corporation by the said acts, or any of them, for such consideration or consider- ations in money as can be agreed upon between the said governor, bailiffs, and conservators, or any five or more of them (whereof the governor and bailiffs, or any of them, to be two), and the respective owners of such lands and grounds : And that all and every sums and sum of money so agreed to be paid as the consideration or con- siderations of such sale or sales shall be paid to the receiver general for the time being of the said corpora- tion, to be applied in manner herein after mentioned; and thereupon it shall and may be lawful to and for the said corporation, and they are hereby empowered and re- quired, by any instrument or instruments in writing un- der their common seal, absolutely to convey, release, and extinguish the said tax or taxes so sold and the said power now vested in the said corporation of taxing the said lands and grounds, the tax or taxes whereof shall have been so purchased and paid for as aforesaid ; and then and from thenceforth, as well the said tax or taxes wherewith the said lands are now charged by virtue of the several acts of parliament aforesaid, or any of them, as also the power now vested in the said corporation of taxing the same lands, shall, as to, for, and concerning such lands as shall be particularly specified and de- scribed in such instrument or instruments, and the tax or taxes and power of taxation of which shall have been so purchased and paid for as aforesaid, cease, determine, and be extinguished and abolished; any statute to the contrary thereof in any wise notwithstanding. The money to And be it further enacted, by the authority aforesaid, j be applied to- ' APPENDIX. 691 that all and every sumB and sum of money whatsoever wards dig- which shall arise by such sale or sales as aforesaid, shall debtrofthe^ (after first dischar2:inQ; the costs, charG;es, and expences corporation on •f ° _ ^ <^ ' r account of the aLtending the passing this present act and the execution Middle and thereof) be applied by the said corporation, so far as the same will extend, towards the payment and discharge of the said bond debts of the said corporation upon account of the said Middle and South Levels, and to or for no other purpose whatsoever : and in case the said debts of the said corporation, shall at any time> either by the means aforesaid, or by any other means, be wholly dis- charged, then and from thenceforth the said power of sale hereb}' given shall cease and determine. And be it further enacted and declared by the autho- Public act. rity aforesaid. That this act shall be deemed and allowed in all courts within this kingdom to be a public act; and shall be judicially taken notice of as such by all judges, justices audother persons, without specially plead- ing the same. r t 2 Y 2 692 APPENDIX. No. XXXI. THE LOT BOOK OF THE BEDFORD LEVEL CORPORATION, FOR THE MIDDLE AND SOUTH LEVELS, Corrected to May, 1828. SORTS OF TAX. EIGHTY-THREE THOUSAND ACRES of the Adventurers' into eleven sorts, under the Tax Act, 20 Car. 2. c. 8. Lands are divided s. d. A singJe Tax is 1 1 1 2 2 2 3 4 an acre for the 3 4 3 8 1st sort. 2 3 4 5 6 7 8 9 10 11 The Adventurers' Lauds in the Middle and South Levels are now assessed with and three quarters of a Tax (viz.) 5. (I. an acre for the 1st sort. June Tax a Tax, il. 7 2 9 4 11 6 1 8 3 10 5 2 3 4 5 a 7 8 9 10 11 — — 1 — 1 — 1 — 2 — 2 2 — 3 — 3 3 November 1 1 2 2 2 _, 2 The 12,000 Acres decreed to the king, pay a Tax estimated by the medium of the Tax on the 83,000 acres, and which, when the 83,000 acres pay a tax and three quarters, is one shilling and ten pence three farthings an acre : (that is) June Tax Is. id, November S^d, LOT BOOK. — NORFOLK. 693 NORFOLK. LOT X.— No. 1 , Denver Fen, North of Bedford River. Margaret and Daniel Fryer Rev. Sam. C. Smith s. d. June Tax 2 8 November 2 ^. R. P. 1822 251 1824 5 256 LOT IX.— No. 1. Denver Fen, South of Bedford River. JohnFlatt 1809 4 3 14 John Gamble 1813 119 26 June Tax 2 4 November 1 9 124 LOT X.— No. 2. Severals of Denver, by the Grounds of Well. Richard Greaves Towu- ley 1823 4 June Tax November 3 2 3 4 LOT VIII.— No. 7. Hilgay and Southery Common. A. John Thurlow Dcring 1816 266 Jonathan Page 1823 34 June Tax 1 November 9 300 LOT IX.— No. 8. Hilgay and Southery Common. JohnThurlow Dering 1816 Ashley Cooper 1794 Jonathan Page 1823 B. 90 100 110 June Tax November 1 y 300 LOT X.— No. 11. Hilgay and Southery Common. C. Ashley Cooper 1794 73 Jonathan I'agc 1823 179 William Hcadly and John Hcadly 1825 48 June Tax 1 November 9 300 LOT XII.— No. 8. Hilgay and Southery Common. D. John Hibbert William Headly and John Headly 1821 ^. R.P. 93 June Tax November 1825 207 300 8. LOT XIV.— No. Hilgay and Southery Common. E. William Jones 1807 212 John Hibbert 1814 70 June Tax 1 November 9 June Tax November 1 9 282 LOT XVI.— No. 6. Hilgaj' and Southery Common. F. Osbert Parsley 1793 2 Samuel Smith 1794 238 John Hibbert 1817 60 300 LOT I.— No. 6. Hilgay Common, by Captain Skipwith's Bank. John Roylc, clerk 1808 159 Robert Law, other-") ,„„« i^r^ « „ wise Prior / ^^^0 159 June Tax 1 4 November 1 318 LOT IX.— Read's Fen, in Hilgay. William Lnngley John Hibbert William liceton John Goldsmith No 14. 1805 80 1809 100 1809 7 1814 173 June Tax 1 November 9 360 LOT X.— No. 3. Sir Henry Willoughby's Severals, East of Ouzc. Robert Martin 1803 76 June Tax 2 November 2 76 694 APPENDIX. LOT VII.— No. 11. Sir Heniy Willoughby'a Severals, West of Ouze. A. li. P. Sthnson Biiley 1803 6 2 23 William Jones 1807 69 1 17 a, d. — ' June Tax 14 76 November 1 • LOT XV.— No. 14. Mr. Gibbon's Grounds in Southeiy, by Priest's Houses. JobnHibbert 1811 20 June Tax I 8 November 1 3 20 LOT XL— No. 12. Roxham Common. Edward Roger Pratt 1784 94 June Tax 1 November 9 94 LOT V.—No. 9. Dereham Commons. Part I. Dereham Cote Fen. William Armstrong 1802 30 2 John Creasy 1820 64 2 95 June Tax 1 November 9 — Part II. Next Wereham. Thomas Kett 1802 85 Anthony Hammond 1817 20 June Tax November 1 9 105 LOT VI.— No. 13. Wereham Wretton and Stoke Common, next towards Stoke. A. Sir James Duberly 1813 336 June Tax November 8 6 336 LOT XIII.— No. 12. Wereham Wretton and Stoke Common, next towards Dereham. B. Henry Tingay 1822 200 June Tax November 8 6 200 LOT V.—No. 15. Northwold Common, A. next toward* Stoke Bridge. •James Bradfield •Saunders BradtJeld 1807 200 June Tax 1 November 9 200 * The two names one persQn. LOT X.— No. 18. Northwold Common. B. *Jamcs Bradfield •Saunders Bradfield ,v. d. 1 9 A. R.P. 1807 200 Jtme Tax November 200 LOT VIII.— No. 13. Northwold Common, by Stoke, North of Wissey. *James Bradfield *Saunders Bradfield 1807 29 June Tax 2 4 November 1 9 29 LOT II.— No. 5. Methwold Common, and Feltwell North Fen. A. Sir Charles Oakley, Bart. 1822 400 June Tax November 4 3 400 LOT III.— No. 8. Methwold Common, &c. B. James Fortrey 1719 200 Sir Charles Oakley, Bart. 1822 200 June Tax 4 400 November 3 LOT IV.— No. 6. Methwold Common, &c. C. Joseph Vipan 1810 60 Richard Vanheythuyson 1814 340 June Tax 4 400 November 3 — ___ — LOT VI.— No. D. Methwold Common, &c. D. Joseph Vipan 1810 40 Richard Vanheythuyson 1814 360 June Tax 4 November 3 400 LOT VII.— No. 6. Methwold Common, &c. E. HarriottWild and Wil- liam Wild 1800 111 Owsley Rowley 1810 120 Francis Stubba 1815 106 Ditto, Tax released to William Tokelove 9 Robert Martin 1819 30 Samuel Wells 1825 24 June Tax 4 I^ovember 3 400 U ♦ The four names one person. LOT BOOK. — NORti"OLK. 695 LOT XI.— No. 8. Methwold, &c. F. 1814 1814 A. R. P. 1809 100 3 9 80 14 1824 100 2 18 1816 100 12 12 1674 1824 1826 Owsley Rowley John Hibbert William Register William Porter Francis Stubba Ralph Piersoa John Osier John Sayle Harry Spencer Wad- diugtoa «. d. June Tax 8 November 6 — LOT XV.— No. 20. Methwold Severals. D. Part I. Formerly Lanes. 2 2 William Porter Samuel Rhodes William Jones John Hibljert Robert Martin William Galloway June Tax November 8 6 June Tax 1 4 November 1 1752 1822 June Tax November 8 6 25 1819 42 2 13 488 1791 7 1801 6 1809 223 1814 3 2 1819 15 1825 2 2 257 Part II. Formerly Moore'.«. William Galloway 1825 6 2 John Morse 1808 81 John Hibbert 1814 6 2 Robert Sayle 1816 6 100 LOT VIL— No. 8. Feltwell South Fen and Mow Fen. A. Ambrose VVhiteman 1814 104 John Baker Simon Grimer, and Samuel Lancaster William Searle 1817 14 38 5 Ifil LOT VIIL— No. 10. Feltwell South Fen and Mow Fen. B. John Baker 1817 261 June Tax November 8 6 261 LOT XVL— No. 9. Feltwell Soiilh Fen and Mow Fen. C. Robert Tokclove 1800 30 Gcortre Leonard Jenyns, clerk 1801 15 .John Baker 1817 121 June Tax November 8 f. 166 LOT XVIL— No. 8. Feltwell South Fen and Mow Fen. D. /t. R.P. Ambrose Whiteman 1814 150 John Baker 1813 119 a. d, — ■ — June Tax 8 269 November 6 LOT IV.— No. 35. Feltwell Severals. D. Part I. Formerly Sir Thomas Wood- house's. Randall Wabe 1807 30 June Tax November 8 6 30 Part II. — Parsonage Fen. Isaac Leathes, clerk 1807 14 June Tax November 8 6 14 Part III. — Formerly Tyrel and Wood- house's. Thomas Low June Tax November 1811 23 3 20 8 6 23 3 20 Part IV. Formerly Wace's. Margaret, the wife of Anthony Killingworth 3 5 Thomas Wiilett 1814 3 5 June Tax November 8 6 6 10 Part V. — Formerly Parsley's. John Baker 1813 6 10 June Tax November 8 6 6 10 LOT XL— No. 21. Feltwell Severals. A. Ann, the Wife of Jo- seph Vipan 1824 216 June Tax November 216 LOT XIV.— No. 18, Feltwell Severals. B. Ann, the Wife of Jo- seph Vipan 1824 146 June Tax November 4 3 146 606 APPENDIX. JJJI XIX.— No. 15. Fcltwcll Sevcrals, C. Fart I. Formerly Sir Edward Muud- ford's. ^. R. P. Ann, the Wife of Jo- seph Vipaa 1824 II June Tax 4 11 November 3 Part II, Formerly l)elonging to Christ's College. Ann, the Wife of Jo- seph Vipan 1824 126 June Tax November 12fi Part HI. Formerly Wace's. Samuel Smith 1799 9 Edward Roger Pratt 1805 9 Ann, the Wife of Jo- seph Vipan 1824 47 Christoplier3*embertonl818 79 1 Tax released as under Nathan Spooner 1796 14 3 Thomas Porter 1801 8 Drake and Osier 1801 5 June Tax NoTember LOT XVIII.— No. 8. Hockwold and Wilton Common. D. John Baker June Tax November 1824 182 8 6 182 LOT IX.— No. 12, Hockwold and Wilton Common. A. John Baker 1824 253 June Tax November 8 6 253 LOT X.— No. 14. Hockwold and Wilton Common. B. John Baker 1824 222 June Tax November 4 3 222 LOT XVII.— No. 0. Hockwold and Wilton Common. C. ^. R.P. John Baker 1824 293 *. d. June Tax 4 293 November 3 ■- LOT VIIL— No. 17. Poolings in Hockwold. John Baker June Tax November 1824 100 100 LOT v.— No. 12. Knight's Fen in Hockwold and Redmore Grounds. Thomas Wilkin and Charles Willett 1814 111 June Tax November 8 6 Hi LOT VIIL— No. 11, Knight's Fen and Redmore Grounds. B. Thomas Wilkin and Charles Willett 1814 115 June Tax November 8 6 115 LOT X.— No. IG. Mr. Gibbon's Grounds, called Warner's, A. next Redmore. William Mears and Thomas Teague 1827 115 June Tax 1 November 9 LOT XVIIL— No. 10 115 Mr. Gibbon's Grounds, called Warner's. B. William Mears and Thomas Teagus 1827 75 June Tax November 1 9 75 LOT XVIL— No. 11. Mr. Pratt's Severals in Hockwold. John Baker 1824 10 June Tax November 8 6 10 LOT BOOK. C97 SUFFOLK. LOT III.— No. 10. Brandon Commons. A. R. P. John Julius Angerstein 1817 350 s. d. June Tax 10 350 November 9 — — LOT XIII.— No. 8. South Cloud, a Common of Lakenlieath. Francis KinffEa^Ic 1827 47 June Tax 1 November 9 47 LOT III.— No. 11. North Cloud, a Common of Lakenheath. John Baker 1813 58 2 June Tax November 1 4 1 53 2 LOT III.— No. 12. Lakenheath Severals. A. Part I. Stallard Fen. Francis Kins? Eagle 1 827 3 1 June Tax November 3 1 Part II. Formerly Steward's. Francis Kiug Eagle 1827 6 1 6 1 June Tax 1 November 9 Part III. Formerly Coates's. Francis King Eagle 1827 4 June Tax Novenilier 4 Part IV. Formerly Wright's. Francis King Eagle 1827 1 3 20 June Tax November 1 3 20 i'iirt V. Between Winter Lode and Cross Lode. Francis King Eagle 1827 1 3 20 June Tax November I 3 20 Part VI. Formerly Hokcr'a. Francis King Eagle 1^27 2 June Tax November 2 Part VII. Formerly Steward's. A. R. P. Francis King Eagle 1627 4 1 s. d. June Tax 10 4 10 November 9 Part VIII. Formerly Steward's. Francis King Eagle 1827 2 3 June Tax 10 2 3 November 9 Part IX. Formerly Rushbrook's. John Monkhouse 1797 15 2 June Tax 1 November I) 15 2 Part X. Part of 67 2 0. The Boatgang's. John Robinson 1792 3 Francis Kiug Eagle 1827 10 June Tax 10 10 3 November 9 — ' — LOT XIII.— No. 6. Lakenheath Severals. B. Part I. Part of 67 2 0. The Boatgang's. John Robinson 1792 56 3 June Tax 10 56 3 November 9 • — ■ Part II. Formerly Crane's. Francis King Eagle 1827 8 2 June Tax 1 November 2 Part III. Formerly Rarne's. John Taylor 1800 9 10 Francis Kiug Eagle 1827 3 June Tax 10 10 November 9 — Part IV. Formerly Crane's. Nathan Trud^'Ctt 1811 6 2 June Tax 1 November 9 (i 2 Part V. Boatgang's Francis King Eagle large Several. 1827 8 2 June Tax 1 November 9 H^ 2 Part VI. Boatgang's small Several. Francis King Ea-le 1827 3 3 June Tax Novenjbcr 1 9 '1 ■/. 69S APPENDIX, LOT IX.— No. n. A Several of Lakenlieath by Cross Water Johu Triulgett 1790 8. d. June Tax 1 November 9 LOT L— No. 7 Townmoor in Lakcnheath, &e. John Monkhouse l/S)" Evans Rolfe and Mary his Wife 1808 .4. R. P. 8 June Tax November 8 G 8 A. 181 2 19 18 I 21 200 LOT IL— No. G. Townmoor in Lakenhe.ath. B. John Monkhouse 1797 100 William Searle 1822 20 John Raphael IBifi 80 June Tax November 200 LOT IIL— No. 9 Tovvnmoor in Lakcnheath. C. Phillip, Earl of Hard- wicke 1 786 John Raphael 1 826 34 166 June Tax November 4 3 200 LOT IV.— No. 7. Townmoor in Mildculiall, &c. D. Thomas Archer 1792 150 John Carpenter 1801 50 Jime Tax November 4 3 200 LOT v.— No„ 10. Townmoor in Mildenhall Coplowe Fen. E. Henry Read 1803 154 Thomas Archer June Tax November 1799 1 9 46 200 LOT VI.— No. 10. Townmoor, &c. in Mildenhall. F. Henry Read 1803 6 10 William Smith 1807 31 3 William Warner, Jun. 1820 157 William Searle 1822 4 John Seaber 1825 10 LOT VII.— No. 7. Townmoor, &c. in Mildenhall. G. ^, R. Pu HenrvRcad 1803 50 William Warner, Jun. 1820 150 s. d. June Tax 8 200 November 6 ■ LOT Ylir.— No. 8. Townmoor, &c. in Lakcnheath and Milden- hall. H. Thomas Robinson 1825 102 Henry Manning V626 98 June Tax November 4 3 200 LOT IX,— No. 10. Townmoor, &c. in Lakcnheath and Milden- hall. 1. Thomas Robinson June Tax November 4 3 1825 200 200 LOT X.— No. 12. Townmoor, &c. in Lakcnheath and Milden- hall. K. Thomas Ganatt 1823 200 June Tax November 4 3 200 LOT XL— No. 9. Townmoor, &c. in Lakcnheath and Milden- hall. L. Thomas Garratt 1823 200 June Tax November 4 3 200 LOT XII.— No. 9. Townmoor, &c. in Lakeuheath and Milden- hall. M. Stephen Shillitoc 1824 200 Jure Tax November 8 6 200 June Tax November 8 6 200 LOT XIII.— No. 7. Townmoor, &c. in Lakeniieath and Milden- hall. N. 1824 200 John Shillitoc, Jun. June Tax November 4 3 200 1* LOT BOOK.-~SUFF0LK. 699 LOT XV.— No. 7. Townmoor, Archingstall, &c. in Laken- heatii and Mildenhall. O. A. R. P. John iMonkhouse 1797 73 3 2(i John Shilliloe 1799 y2 1 20 Evan Rolfe and Mary his Wife 1808 33 2 34 *. d, " June Tax 4 200 November 3 — — LOT XVL— No. 7. Townraoor, Eastnioor, &c. in Lakenheatb, Mildenhall, and Ely. P. Thomas Read 1785 IG 2 22 John Sbillitoe 1803 49 3 5 John Robinson 17^9 217 2 36 Evans Rolfe and Mary his Wife 1808 10 JchnNewdick 1826 9 3 17 June Tax 4 November 3 295 LOT Vir.— No. 9. Burnt Fen, Ely, Shell, and Shippcy. A. Part I. Farthest from Shippey. Sir John Bayley 1808 150 June Tax November 1 9 150 Part II. Next Shippey. Sir John Bayley 1808 146 Robert Watson 1795 4 June Tax November 1 4 1 150 LOT VIII.— No. 9. Ely Shell, Mildenhall, &c. B. Part I. Farthest from the River. George Wing 1820 150 8 6 1.50 June Tax November Part II. Nearest the River. George Wing 1820 1,'<0 June Tax 1 November 9 150 LOT IX.— No. 9. Ely Shell, Mildenhall, &c. C. Part 1. Farthest from the River. Thomas Spooner 1817 150 8 6 1.50 June Tax November Part II. Nearest tlie River. Thomas Spooucr 1817 150 June Tax 1 November 9 l.-iO LOT X.— No. 13. Ely Shell, Mildenhall, &c. D. Part I. Farthest from the River. ^. R. F. John Remington 1828 150 s. d. June Tax 8 150 November 6 - — Part II. Nearest the River. Thomas Spooner 1818 150 June Tax 10 150 November 9 ■" LOT XIII.— No. 9. Mildenhall, &c. E. Part I. Farthest from the River. Isaac Mears 1827 120 John Hemington 1828 30 June Tax November 8 6 150 Part II. Nearest the River. John Seaber 1787 G8 Isaac Mears 1827 52 John Hemington 1828 30 June Tax November 1 9 150 LOT XIV.— No. 9. Mildenhall, &c. F. Part I. Farthest from the River. John Seaber 1808 75 1 34 John Seaber, juu. 1822 87 6 June Tax November 8 6 162 2 Part II. Nearest the River. John Seaber 1788 162 2 June Tax November 1 9 162 2 LOT XV.— No. 8. Mildenhall, &c. G. Part I. Farthest from the River. Thomas Seaber 1819 36 3 12 John Seaber, jun. 1827 105 18 James Seaber 1819 8 10 150 June Tax 8 November 6 ■ Part II. Nearest the River. John Seaber 1808 10 2 James Seaber 1819 69 2 John Seaber, jun. 1822 70 June Tax November 150 LOT XVIIl.— No.y. Mildenhall, &c. II. Part I. Farthest from the River. John Seaber, juu. 1827 84 3 3.'; James Scalier 1819 65 I June Tax 8 November 6 2 z 2 150 700 APPENDIX. Part II. Nearest the River. A. R.P. JohnSeabcr, jun. 1822 81 2 James Seaber 1819 G8 2 s. d, — ___ — June Tax 10 160 November 9 ■ — LOT XVI.— No. 8. Mildenhall, &c. I. Part I. Farthest from the River. Harriott and William Wild 1800 150 4 3 150 June Tax November Part II. Nearest the River. James Burgess 1827 133 14 James Seaber 1819 lf5 3 26 June Tax 1 November 9 150 LOT XIX.— No. 5. Mildenhall, &c. K. Part I. Farthest from the River. Harriott and William Wild 1800 150 June Tax November 8 6 150 Part II. Nearest the River. Harriott and William Wild 1800 104 1 James Burgess 1827 45 3 June Tax 1 November 9 150 LOT I.— No. 8. Whelpmoor, Lowelmoor, and Spain's Delph. A. Jonathan Page 1780 111 Thomas Pag-e 1815 367 June Tax November 1 4 1 478 LOT II.— No. 7. Whelpmoor, &c. B. Harriott and William WUd 1800 170 1 7 Thomas Page 1815 58 2 Thomas Waddclow 1824 232 33 June Tax 1 4 November 1 461 LOT IV. -No. 8. Whelpmoor, &c. C. A. R. P. Thomas Waddclow 1824 127 1 22 Samuel Farmer 1802 333 2 18 5. d. June Tax ] 4 461 November 1 ■ LOT v.— No. 11. W^helpmoor, &c. D. Samuel Farmer 1802 238 Smith Flanders 1813 203 Charles J eny us 1822 220 June Tax November 1 8 1 3 661 LOT VI.— No. 11. Whelpmoor, &c. E. Joseph Little 1780 361 Smith Flanders 1813 100 June Tax November 8 6 461 LOT XII.— No. 10. Whelpmoor, &c. F. Part I. Mr. Bradburne's, next the Drove W^ay. Smith Flanders 1813 40 June Tax November 40 Part II. The remainder of the Lot. Smith Flanders 1813 107 Sir Charles Morgan, bart. 1781 231 William Mears and Thomas Teague 1827 184 June Tax 8 522 November 6 LOT XIV.— No. 10. Whelpmoor, &c. G. John W^inter 1805 22 2 Jonathan Page 1814 112 3 23 Thomas Page 1815 318 2 17 June Tax November 8 6 454 LOT XIX.— No. 6. Whelpmoor, &c. H. Sir Thomas Willis and Sir Thomas Davrell 1657 15 2 Sir John Bayley ' 1^08 35 John Robinson 1803 348 3 26 Ann Marshall 1811 160 2 14 Thomas Page 1815 200 June Tax November 8 6 760 LOT BOOK. 701 CAMBRIDGESHIRE. LOT XIV.— No. 1 Isleliam Common. D. Fart I. Farthest fro James Aiidis Ditto, Tax released James and Joseph CoU len 1816 Ditto, Tax released William Fletcher 1819 George Wells, John Webber, Henry Clark, and John Collen John Parr John Webber, Tax released *. rf. 8 6 Nearest ra the River. A. R. P. 1815 2 2 17 10 1 2 3 2 4 1821 23 15 1823 4 51 1 June Tax November Part II, Thomas Seaber Charles Shelford Bid- well John Clark William Talbot, and Mary his wife George Wells, John Webber, Henry Clark, and John Collen Peter Fincham John Fincham James Seaber June Tax 1 November 9 the River. 1793 31 1802 1 1815 11 1815 36 2 1821 10 20 1826 20 J 826 11 100 LOT VIL— No. 1. Isleham Common. C. Part I. Farthest from the River. John Clarke 1820 9 William Gunstone 1820 6 James Seaber 1825 80 Ditto, Tax released 20 June Tax IJ 115 November 6 Part II. Nearest the River. William and IJenjamin Hou(fhton 1802 Thomas Slndc-U 1808 William Talbot, and Mary his wife 1815 Titus Fuller 1824 James Seaber 1826 Jimc Tax November 1 ;> 115 LOT VL— No. 1. Isleham Common. B. Part I. Farthest from the River. A. R. P. John Shearing 1793 110 Ditto, Tax released 15 June Tax 8 125 November 6 — Part II. Nearest the River. James Collen 1788 2 2 Ditto, Tax released 14 2 20 John Collen 1793 1 1 36 Ditto, Tax released 5 1 20 John Chirk 1810 11 Jonathan Turner 1813 5 John Shearing 1818 54 4 John Norman 1822 12 Brown Wells, Tax re- leased 9 John Starling, Ditto 10 June Tax 1 November 9 125 LOT III.— No. 1. Isleham Common. A. Part I. Farthest from the River. 1793 John Shearing Ditto, Tax released John Smith and Tho- mas Bartle, Tax released 1791 119 4 8 6 Nearest the River. June Tax November Part II. Richard Seaber, jun. 1771 Charles Pond and Ro- bert Cad man 1791 Ditto, Tax released William .lollv and Ro- bert Cadman 1798 Robert Watson 1811 John Shearing 1798 Ditto, Tax released Thomas Hrook 1815 James Seaber, Tax re- leased 2 125 2 6 17 61 June Tax November 1 9 14 125 r02 APPENDIX. LOT XVIII.— No. G. Soham Commons in Great Metl.am. C. A. R. P. Jonathan Page 181C 2-40 3 13 William Dunn Garilnor 18 l(j 108 2 37 John Shearing 1818 219 1 30 s. (I. June Tax 8 .'^69 November 6 LOT XV.— No. G. Great Metlam, Little Metlam, and the Hassc in Soham. A. William I-lorsly 1/91 15 Harriott Wild and William Wild 1800 3n0 ^Villialll Crisp, jun. 1«08 100 John Dobede 1827 35 June Tax November 8 6 500 LOT XVIL— No. 7. Great Metlam, &c. B. Thomas Whitred 1809 200 \\ illiam Dunn Gardner lbl8 300 June Tax 8 November 6 500 LOT XIII.— No. 5. Sir Robert Heath's several Grounds in Soham. Thomas Seaber, jun. and John Seaber 1794 45 John Clarke 1810 11 28 Thomas Read 1804 7 2 38 Robert Watson, jun. 1815 12 3 Ditto, Tax released 2 Jonathan Page 1816 210 Thomas Seaber, Tax released 1772 10 John Seaber 1818 121 1 14 June Tax November 8 6 420 LOT IV.— No. 2. Barway Middle, and Fordey in Soham. Part I. Fordey. Thomas Granger and Edward Tingey Grander 1822 156 2 June Tax 2 November 1 156 Part II, Barway Middle. Thomas Granger and Edward Tingey Granger 1822 74 2 June Tax 2 4 November 1 9 74 2 LOT XVIII.— No. 7. Two Severals of Soham. Part I. Bugbcach. A. R. P. Lord John Towiishend, J. Smith, find Fran- cis Wm. Saunders 1811 10 s. d. ■ June Tax 2 10 November 1 6 Part II. A Sevei-al between East Fen and Calf Fen. Lord J.Townshend, J. Smith, and Francis William Saunders 1811 8 June Tax 2 November 1 6 8 LOT XIV.— No. 5. . Fordham Common. Charles Pollett Brown Chatteris 1819 27 June Tax November 8 6 27 LOT XVIII.— No. 2. Wickcn High Fen. Tiiomas Granger and Edward Tingey Granger 1822 June Tax 1 8 November 1 3 30 30 LOT XIII.— No. 2. 1822 60 1810 45 1 32 1814 14 2 8 120 Wicken High Fen. Thomas Granger and Edward Tingey Granger J.Wm. Drage Merest Thomas Granger June Tax 2 4 November 1 9 LOT VI.— No. 5. Wicken High Fen. J. Wm. Drage Merest 1810 23 1 June Tax 18 23 1 November 1 3 ■ LOT X.— No. 4. Wicken High Fen. John William Drage Merest 1810 21 June Tax November 1 8 1 3 21 LOT BOOK. — CAMBRIDGE. 703 LOT XIV.— No. 4. Mr. Barrow's Sedge Fen Sevcrals iuWicken. ^. R.P. Elizabeth Cromwell )67G 21 s. d. June Tax 8 21 November 6 ■ LOT X.— No. 9. Sir E. Peyton's Sedge Fen Severals inWicken. Edward Howlet 1802 14 June Tax November 8 6 14 LOT X.— No. 5, Wr. Barrow's embanked Grounds in Wicken. Thomas Kecke, and Anthony Kecke 1657 7 June Tax 1 November 9 — LOT VI.— No. 4. Upwerc Farm in AVicken. 7 goo John Newman 1824 June Tax 3 8 5 November 2 9 LOT XIV.— No. 3. Wicken Sedge Fen. Sarah, the wife of Thomas Adams 1803 71 "VVilliam Pratt 1801 77 John Fond 1817 30 John Asplatid 1743 20 WilUam Wilkin 1814 67 Elizabeth, the wife of Edward William Pea- chey ; Sarah, the wife of Joseph Man- ning; and Mary, the wife of Mark Parr 35 June Tax 8 300 Novcmljer 6 LOT X.— No. 8 Burwell Common. A. Josejih Chapman 1789 43 Ditto, Tax released 22 Joseph Manning, juu. 1813 16 1 .(ohn Harwood 1813 47 1 14 Kichird Foster, sen. and jiin. 1817 20 Mark I'arr, and Mary liis wife 1814 21 David Dauby 1820 IB Sarah, wife of William Faircliff 1817 29 I 26 William Pratt ia2J 30 June Tiix November f) fi 6 247 LOT XIII.— No. 4. Burwell Common. B. A. R. p. Sarah, wife of William Faircliff 1821 102 Mark Parr, and Mary his wife 1814 46 2 John Harwood 1813 71 2 John Pond 1817 40 Joseph Chapman 1793 33 ». d. .^— -_ June Tax 4 293 (K November 3 -.,. ^ .— LOT XV.— No. 5. Burwell Common. C. John Hill Thomas Markham Robert Harding Sarah Hardinir Simeon Chambers, and Mary his wife 1824 Stephen Piper 1826 1793 4 1815 20 1824 34 1824 26 2 20 June Tax November 8 6 26 2 20 48 3 160 LOT IX.— No. 15. SwafFham Sedge Fen, 180 acres; part of High Fen, 5 acres ; and part of Croylc, 4 acres. Part I. 180 acres, Swaffham Sedge Fen. George Leonard Jenyns, (clerk) 1789 15 2 14 George Chambers 1810 38 1 11 TheLordBishopof KlyldM 4 1 23 The Vicar of SwaflFham Prior 1814 14 2 22 William Wells 1818 4 3 31 Daniel Wells 1818 4 3 30 Thomas Oslar, and Su- sannah his wife 1821 9 1 12 John Prendcrgast Hack- et and James Wit- tet Lyon 1821 76 2 37 Tliomas Musgrave, (clerk) 1827 1 1 20 June Tax 4 November 3 IHO Part II. 5 acres, part of 1 \n. 3;-. (i/). in lligli Fen, adjoining .Sedge Fen ; lying with Lot Vlll.— No. 1. Tiic Vicar of Swaflfham Prior 1314 June Tax November 4 3 5 704 APPENDIX. Part III. 4 acroa, part of a piece of land containinfj 15 acres, more or less, in Croyle; lying with Lot XII.— No. 4. being the corner piece, at the north- east end of the said Lot. A. R. P. Benjamin Ashman 1722 4 *. (I. June Tax 4 November 3 LOT VIIL— No. Sw'affham High Fen. A. Robert Hunt 1814 Richard Foster 1806 Thomas Harrison 1800 John Wright 1815 Stephen Piper 1826 VVilUam Williin 1811 The Lord Bishop of Ely 1814 The Vicar of Swaffham Prior 1814 10 2 John Hibbert 1814 36 11 John Prendergast Hack- et and James VVit- tet Lyon 1821 13 2 Haylock Cross 1814 9 30 4 54 1 20 2 11 11 2 26 3 7 7 20 1 2 16 8 3 25 June Tax 1 November 9 LOT XV.- 200 -No. I. Swaffham High Fen. B. Robert Hunt George Chambers John Wriglit John Hibbert The Lord Bishop of Ely 1814 The Vicar of Swaffham Prior June Tax 1 4 November 1 LOT X.— No. 7. Croyle in Swaffham, A. next to the Hard Lands. Benjamin Ashman 1722 98 John Peter Allix 1807 102 1804 25 1786 71 3 1791 45 34 1807 11 1 1814 31 3 10 1814 15 3 32 200 June Tax November 8 6 200 1792 1807 LOT XIL— No. 4 Croyle in Swaffham. B. William Wott John Peter Allix John Crisp, and Mary, the v\ife of William Palmsb}' Ann, the wife of Frede- rick Bloss, James Muglestone Robert Wilkinson 1814 66 1 13 1814 1816 1821 June Tax November 8 6 200 LOT XVII.— No, 13. White Fen, next towards the Hard Lands, William Randall Carter Fyson William Mott James Hancock Thomas Reynolds Holmes Corn well James Thompson Robert Randall Amy Stanton John Ellis 1790 1801 1804 1804 1805 1805 1805 1805 1806 1824 R. P. 23 1 25 25 25 12 1 12 12 51 12 12 1 1 2 June Tax November s. d. 4 3 211 LOT XV,— No.. 16. White Fen in Swaffham, next Bottisham High Fen. Sir Charles Morgan, bt. 1764 200 June Tax November 4 3 200 LOT I.— No. 2. Bottisham High Fen. Part I. Formerly Blake's Thomas Sharp 1815 Fyson Carte 1805 46 24 70 June Tax 2 November 1 6 Part 11. Formerly Denton's. Stephen Danby 1781 5 Thomas Hatley 1814 28 Carter Fyson 1815 7 Thomas Sharp 1815 30 June Tax 2 4 November 1 9 70 LOT n.— No. 9. Bottisham Qui, and Ditton Intercommon, next Bottisham Lode. A. Samuel Bull 1807 20 Sarah Hunt 1807 20 Holmes Cornwell 1809 20 Thomas Hatley 4 1814 40 June Tax 100 November 3 LOT Vlll.— No. 12. Bottisham Horningsey, &c. B. Lawrence Cook 1728 30 Francis Bradwell 1803 10 Richard Rayment 1805 50 WilHam Mustill 1827 10 June Tax November 4 3 100 LOT BOOK. — CAMBRIDGE. 705 LOT X.— No. 17. A. n. p. Bottisbam, Horningsey, &c. C. Thomas Musgrave, (clerk) l«2f; 100 June Tax 4 100 Novcnrbcr 3 • LOT XIX.— No. 2. A. R. P. LOT XIV.— No. 12. Horningsey High Fen. D. Ann Gattiward Collier 17&0 100 June Tax November 8 6 100 LOT XIX. No. 1. Waterbeach Fen, by Garden Tree. William Wilson 1801 20 Tliomas Webb l&Ol 11 William \Vilcs 1801 30 Henry Dogget 1801 10 Kicbard Burling 1S02 10 William Clay 1802 5 Daniel Revnolds 1802 5 James "Wentworth 1824 10 William Hall 4 1825 11 June Tax 2 112 November 1 9 LOT XII No, 1. Waterbeach Joist Fen, Wicken Lammas Grounds, adjoining to Joist Fen, and the several Grounds of Edwards, Peyton, and Dalton. A. 1827 2.50 Sir Joseph Yorke Sydney June Tax November 1 4 I LOT XVI. Waterbeach, &c B. Philip, Karl of Hard- wiike June Tax November 1 4 1 Lor XVII.- Waterbeach, &c. C. Philip, Earl o f Ilard- wickc June Tax .'vovcuiber 1 A 1 250 :o. I. 180G 2.50 2.50 Cottenham Common. John Moore and John Smith James Greaves and Thomas Greaves William Few and John Taylor William Bull and John Greaves John Spackman and Richardson Spack- man John Nottage James Pigott and John Emmerson Richard Norman and John Haird John Furbank and Thomas Corbitt John Wayman and Benjamin Moor William Watson William Kimpton and John Papworth James Collins and John Todd Stephen Saunderson Benjamin Moor and William Moor Thomas Ivatt John Greaves, sen. Jeremiah Cross John Sainty and James Sainty William Ivatt William Greaves Simon Goodman No. 1. 1811 201 .3 20 1 .1 1800 10 1800 10 1800 10 1807 10 1800 10 1800 10 1800 10 1800 10 1800 10 1800 10 ItfOO 10 1813 10 1814 1300 1800 1800 1800 1800 1800 1800 1803 1823 10 10 10 10 20 10 20 20 5 5 June Tax November 240 LOT VII.— Rampton Commons. Robert Ellis No. 3. 1826 16 June Tax 2 8 Novemher 2 LOT XV.— No. Henipshall in Uillingham. John Newman 1796 3 June Tax November 2 6 LOT III.— No. 2. Middle Uitch Fen, in Willinghani William Aspliu 180 j John Dod;>uii and F.li- 16 f)3 53 17 2 28 zabclh, liis \v fe 180.5 20 2 10 Robert Osborn 1807 7 3 1 William (Jsborn 1807 11 3 Mary Osborn • 8 1816 I'J 2 1 June Tax 77 I November '2 9 -• 3 A 706 APPENDIX. LOT VI.— No. 2. Cbattocks, or Langridge, in Willingham. ^. R. P. William Asplin 1794 53 s, d. ■ June Tax 3 8 53 November 2 9 — — LOT III.— No. 3. Great Shelford in Willingham. Robert Osborn 1807 9 3 OsbornLack 1807 3 June Tax November 9 8 2 12 3 LOT VI.— No. 3. Babies Hern, in Willingbam. William Asplin 1805 8 2 11 John Dodson 1805 5 29 June Tax 3 8 November 2 9 13 3 LOT X.- -No. 6. Stacks in Willingham. A. R.P. William Berry 7 s. d. June Tax 2 4 7 November 1 9 LOT XVII.— No. 4. Little Shelford, in Willingham. Elizabeth Taylor 1776 7 1 June Tax November 7 1 LOT XIV.— No. 2. Over Common. Robert West, Robert Wapoole, Edward Gibson, RogerPccke, and Thomas Collett 1666 171 June Tax November 3 2 9 171 ISLE OF ELY. LOT 1.— No. 1. Iladdeoham Common. A. Mary Langman 1783 Hugh Robert Evans 1809 Elizabeth Papworth 1822 June Tax November 1 8 1 3 LOT II.— No. 1. Haddenham Common. B. Elizabeth Papworth 1822 June Tax 1 8 November 1 3 LOT IV.— No. 1. Haddenham Common. C. Francis Hitch 1753 John Read and Wil- liam Pate 1810 John Camps 1799 June Tax 1 8 November 1 3 A. R. p. 50 36 3 13 1 100 100 100 25 50 25 100 — ^- — LOT V.—No. 1. Haddenham Common. D. William Sutton 1826 John Read 1790 George Waddington, (clerk) 1828 James Biddell 1814 Tax released to Isaac Wright ^. R. P. 14 15 13 36 June Tax 18 78 November 1 3 — « LOT VIIL—No. 2. Haddenham Severals. Part I. Ewell Fen. Joseph Vipan 1825 36 2 June Tax November 3 8 2 9 36 2 Part II. Formerly March's. Philip, Earl of Hard- wicke 1790 10 June Tax November 1 LOT BOOK. — ISLE OF ELY. 707 Part III. Formerly Cally Croft. A. R. P. John Edeu Leeds 1805 2 8 s. (I. - June Tax 3 8 2 8 Norember 2 9 Part IV. Lindon Doles. Richard Hopkins 1822 4 2 JobnDodson 1822 4 2 June Tax November 2 8 2 9 Part V. Priest Croft. Philip, Earl of Hard- wicke 1790 1 June Tax November 1 2 Part VI. Hill Doles. Benjamin Leland 1789 10 2 Isaac \Vright 1792 10 John Lamljert 1806 2 112 Aaron Browne 1808 12 28 June Tax November 2 8 2 15 2 Part VII. Overdelphs and Tingles. Thomas Ind and Mary his Wife 1793 4 Sarah, the Wife of Ro- bert Barlow 1809 13 William Huckle 1809 2 Edward Hodson 1823 23 June Tax 2 8 42 November 2 Part VIII. Netherdelphs. Francis Knight 1803 10 Ditto, Tax released 8 Edward Hodson 1823 Thomas Pike, Tax re- leased 5 3 22 6 June Tax November 2 8 2 29 3 22 Part IX. Formerly White's. Edward Hodson 1823 10 10 June Tax November 1 10 2 Part X. Formerly Pamplyns. William Bedford 1821 2 June Tax 2 8 November 2 Part XI. Formerly Wines. William Bedford 1821 i) 1 10 .June Tax November 2 8 2 1 10 Part XII. Audrey Causeway. Edward Hodson 1823 2 30 Jimc Tax November 2 8 2 2 30 LOT VII.— No. 2. W^ilbnrton Common and Sevcrals. Part I. Skcg Fen, and Rush Fen Commons. A. R. P. Mr. Serjeant Pell 1827 117 2 ,. d. June Tax 3 117 2 November 2 3 Part II. Wilberton Severals. Mr. Serjeaut Pell 1827 6 2 June Tax November 3 2 3 6 2 LOT v.— No. 2. Streatham Common. Edward Morden 1810 21 2 5 King Charles 1810 20 3 15 William Wright 1827 26 1 22 RichardRamsden,D.D.1814 48 1 34 Richard Norman 1812 21 10 Frederick Sharp 1825 22 3 '34 David Clarke 1826 II T June Tax November 1 8 1 3 172 2 LOT XVII.— No. 3. Fid well Fen, iu Streatham. WUliam Sayer Reed 1803 60 June Tax 1 4 November 1 LOT XVIII. 60 •No. 3. Langmoor and Boatsgangs, in Streatham. Part I. The Boatgangs. Thomas Granger and EdwardTingeyGrangerl822 14 2 25 June Tax 2 14 2 25 November 1 6 . Part II. Harrimere. Thomas Granger and EdwardTingeyGrangerl822 2 15 June Tax 2 2 15 November I 6 — — Part 111. Langmoor. Thomas Granger and EdwardTingcyGrangerl822 2 1 June Tax 2 November 1 6 LOT XV.— No. ELY. Quauey Farm. JamesBenlham (clerk) 1787 2 1 10 12 June Tax 1 4 November 1 12 LOT XV.— No. 9. Thorncy Farm, by Stiintney. ILirry Spencer Wad- dingtoii 47 (t . I line Tax 1 Novomber 1 3*2 708 LCfl' XL— No, 10. Norney Farm. APPEND IXv John Hatch 1802 Harry Spencer Wad- dington 1811 S. {{. June Tax 1 November 9 ^. R. P. 75 4 79 Stuntney Farm John Casburn LOT L— No. 10. 1708 22 June Tax November LOT L— No. 11. Stuntney Small Severals. Richard Wilson, jun. 1803 12 June Tax Norember 1 12 LOT IX. Bream Farm, by Ely. Seth Bull -No. 4. 1797 4 June Tax November 3 8 2 9 4 6 LOT I.— No. 9. Stuntney Common. William Jugg Thomas Rayner, jiin. 1798 1817 16 16 June Tax Noyember 32 LOT XIL— No. 12. Downham Common and Several, and Ely Cow Fen, exchanged for part of Down- ham Common. Part I. Cow Fen, in Ely. William Harlock 1816 67 2 17 Robert Fletcher 1817 20 1 23 Part HI. Carter's Several, in Downham. A. li.P. Henrv Waddelow s. d. 4 3 1808 June Tax November 1 2 1 2 LOT IV.— No 17. LITTLEPORT. Mr. Tyrrel's Grounds, by Priest Houses. A. Dyson Savage 1817 27 Jun^Tax November 27 LOT XIIL— No. 10. Sir Miles Sandy's Embanked Grounds, next Priest Houses. A. Philip, Earl of Hard- wicke 1790 June Tax 2 4 83 November 1 9 Part 11. Downham Common. JohnHibbert 1814 45 Francis Tiugay 1814 15 Philip Ilopkiu, jun. 1815 38 John Simpson and Re- becca his Wife 1315 38 2 7 Robert Harlock and Ann his Wife Richard Hopkin William Harlock Henry Salmon Joseph Hopkin Thomas Maser 1823 1823 1823 1805 1815 1825 8 2 56 2 33 3 33 12 45 8 June Tax November 70 70 LOT IV.— No. 9. Sir Miles Sandy's Embanked Grounds. Dyson Savage 1803 115 June Tax November 115 LOT VII. No. 10. Sir Miles Sandy's Embanked Grounds, next Crouchmoor, in Littleport. C. JohnHibbert 1809 115 June Tax 10 115 November 9 » LOT XIX.— No. 7. Mr. Tower's Crouchmoor. Bailey Stimson 1781 70 June Tax November 1 9 70 LOT XIIL— No. 11. Mr. Hawkin's Crouchmore, next Hale Fen. Philip, Earl of Hard- wicke 1790 45 45 June Tax 1 November 9 LOT XIX.— No. B. Mr. Hawkin's Crouchmoor, farthest from Hale Feu. Philip, Earl of Hard- wicke 1790 10 June Tax November 1 9 10 June Tax November 4 3 300 2 LOT XV.— No. 11. Richard Ward's Severals in Littleport, by Prall's Were. William Bcgley 1808 3 June Tax Movember 3 LOT BOOK.— ISLE OF KLY. 709 LOT XV.— No, 12. A Several belonging to Welney Chapel, in Littleport. ^. R. P. 1 5. d. 1 4 1 1 William Webb 1809 June Tax November LOT X.— No. 15. Littleport Severals. A. Part I. Formerly the Wood Ground. Philip, Earl of Hard- wicke 1790 14 June Tax 1 4 November 1 14 Part II. Apeshall. Philip, Earl of Hard- wicke 1790 27 June Tax November 27 LOT XL— No. 11. Littleport Severals. B. Called the Crofts. Part I. Cade's Croft. Mary, the Wife of William Cross 1813 June Tax 1 4 November 10 2 12 5 2 12 Part I[. Formerly Crabbs' and Collins'. William Cutlack 1813 8 3 22 June Tax 14 8 3 22 November 1 Part III. Formerly Smith and Horn's. William Shrewsbury 1770 3 3 10 June Tax 14 3 3 10 November 1 Part IV. Formerly Hand and Alderton's. William Shrewsbury 1770 8 3 20 June Tax 14 8 3 20 November 1 Part V. Formerly Cook and Wadle's. Thomas Brasset 1738 4 June Tax November 4 Part VI. Formerly Goat and Neal's. Thomas Brassett 1738 3 32 June Tax Noveinl)er 3:; Part VII. Formerly Vernell's. William I'allett, and Kli/.iibeth, the Wife ofWilliamWaudby 1807 1 15 June Tax 1 4 November 1 I i: Part VIII. Formerly Day's. '^. R. P. William Pallett, and Klizabcth, the Wife of William Waudbv 1S07 5 3 25 s. d. , June Tax 14 5 3 25 November 1 Part IX. Formerly Chamber and Smith's. William Pallett, and Elizabeth, the Wife OfWilliamWaudby 1807 4 2 5 June Tax November 4 2 5 Part X. Formerly Wilson and Payne's. Thomas Brassett 1738 3 2 5 June Tax 14 3 2 5 November 1 -_ Part XI. Formerly Goat and Aspland's. John Peacock 1806 5 15 June Tax November 5 15 Part XII. Formerly Milsop and Groom's. William Crabb 1791 4 10 June Tax 1 November 1 4 10 Part Xin. Formerly Sir Miles Sandy's. JohnGotobed 1823 6 15 June Tax November 1 4 1 6 15 Part XIV. Formerly John Milsop's. Christopher Clark 1819 6 1 10 June Tax 14 6 1 10 November 1 Part XV. Formerly Meadows. Thomas Dove i7C9 7 2 30 June Tax 14 7 2 ,30 November 1 Part XV^I. Formerly Alexander's and others. Thomas Dove 1769 6 2 30 .June Tax 14 (i 2 30 Novcmbir 1 Part XV'^II. Archdeacon's Croft. William Cutlack 180ti 20 Jime Tax 14 20 November 1 . Part XVllI. Formerly Milsop and White'.s. William Webb 1809 4 2 1:. .Fune Tax 1 1 November I U 4 2 ir. 710 Part XIX. John Hibbert Formerly Wright's. A. R APPENDIX. Part XXX lB2,"i 3 3 3 3 Formerly Clark's, 1715 2 3 June Tax November Part XX. Christopher Clarke June Tax 1 4 November 1 — Part XXI. Formerly Tere's and Mare's. Christopher Clarke 1715 3 2 3 June Tax November 3 Part XXII. Formerly Sharpc and Wilson's. Christopher Clarke 1763 6 3 20 June Tax November 6 3 20 Part XXIII. Formerly Thomas Milsop's. Christopher Clarke 17G3 9 1 12 June Tax 14 9 1 12 November 1 Part XXIV. Formerly Lukin's. John Taylor 1769 10 Christopher Clarke 1763 13 June Tax 1 4 14 November 1 Part XXV. Formerly the Widow Crabb's. Christopher Clarke 1763 16 3 June Tax 14 16 3 November 1 Part XXVI. Apeshall. Philip, Earl of Hard- wicke 1790 3 June Tax November Part XXVII 3 Formerly Cole and John- son's. Christopher Clarke 1763 2 1 William Pallett, and Elizabeth the Wife of William Waudby 1807 9 3 10 June Tax November Part XXV III 12 10 Formerly Goat's, Day's, and others. William Pallett, and Elizabeth, the Wife of William Waudby 1807 7 3 2 7 3 June Tax 1 4 November 1 Part XXIX. Formerly Broughton's and others. George Waddington 1767 William Pallett, and Elizabeth, the Wife of William Waudby 1807 4 35 10 June Tax November 5 35 Cambridge Croft. A. R. P. Thomas Brassett 1738 8 .. John Thompson and Maria his Wife, and Rosolinda Foss 1 824 June Tax November 38 3 2 15 3 2 15 Hall Fen. 7 2 15 7 2 15 LOT XI.— No. 7. i^oveuey Severals. D. 'art I. Part of 30a. 3r. 30;>. Hall Fen. William Custance 1812 9 1 15 Ditto, Tax released to George Clay's heirs 10 Thomas Nix 1810 Tax released to himself 4 June Tax 10 23 1 15 November 9 — ■ Part II. ThePiuglcs. Richard Clay 1817 13 13 1 20 1 20 715 Part III, Blockmoor's, formerly Watson's and others. ji. R. P. John Martin 1769 2 Hannah Chambers 1807 10 June Tax 10 3 November 9 — _— __ Part IV, Blockmoor's, formerly White- cake's. Hannah Chambers 1807 3 34 June Tax November 3 34 Part V. Blockmoor's, formerly Gave- stock's. Hannah Chambers 1807 3 30 3 30 June Tax 1 November 9 Part VI. Blockmoor's formerly Allen's. John Macer 1793 3 35 June Tax November 3 35 Part VII. Blockmooi-'s, formerly Kaye's and others. Richard Clay 1825 2 1 36 June Tax November 2 1 36 Part VIII. Blockmoor's, formerly Biddle and Winter's. John Martin 1769 6 3 6 3 June Tax 1 November 9 ■ Part IX. Blockmoor's, formerly Barber's. John Martin 1769 3 3 10 June Tax 10 3 3 10 November 9 — __— Part X. Blockmoor's, formerly Gunton, and others. William Nix 1765 June Tax November 2 2 20 2 2 20 Number 29. Byall Fen, next to Manea, part of the 3000 Acres overplus. Part I. The Northern part next Mauea. William Barnes 1812 244 2 William Hopkinson 1827 244 2 489 June Tax 1 4 November 1 - ■ ■ Part II. The Southern part, North of the 40 feet liiver. William Barnes 1812 John Richardson, .ind Fryer Richardson 1818 51 2i>2 June Tax November 3 B 2 '13 716 APPENDIX. Part III. The Southern part, South of the 40 feet River. John Rosg 1807 William Seward 1^-07 Abraham Lcpla 1825 *. d. June Tax 1 4 November 1 76 76 15 R.P 2 2 168 4 ; 40 feet Riv ;r. 1807 42 1807 54 1816 104 1792 98 1827 98 396 LOT YUL— No. 4. ByallFen. A. ^ ^. Part I. North of the 40 feet Rjver. John Richardson, and Fryer Richardson 1818 4 June Tax 1 4 November 1 Part II. South of th John Ross William Seward William Freeman John Warth Henry Skeels June Tax 1 4 November 1 LOT IX.— No. 6. Byall Fen. B. John Vipan 1824 198 34 Land not ascertained 13 6 June Tax November 1 1 4 LOT XI No. 6 Byall Fen. C. Joseph Vipan 1815 June Tax November 1 1 4 200 400 LOT XVI.— No. 2. Byall Fen, South of Bedford River, next Oxwillow Lode. Thomas Nix 1825 100 June Tax November 8 6 LOT XVII.— No. 2. Byall Fen, South of Bedford River, next towards Mepal. John Fryer 1825 100 Part II. A Several, formerly Neale's. A. R. P. John Cllpson 1771 10 June Tax I V 10 « November 1 - Part III. Formerly Sisson's, and others. John Failes 1806 3 2 2 100 June Tax Noveml)er a 6 100 LOT XVI— No. 11. Manea Common, and Severals. Part 1. Manea Dams. JohnClipson 1771 230 June Tax 1 November 1 3 2 2 Part IV. Formerly Thyne'Sj and others. Thomas Neale, clerk 1761 12 10 June Tax 1 4 November 1 Part V. Formerly Callaway's Thomas Martin 1806 L'l 2 30 2 30 June Tax 1 4 November 1 ' Part VI. Formerly Jeremy Freeman's, and others. James Lee 1775 1 34 June Tax 14 1^0 3< November 10 Part VII. Formerly Harrison's William Whitting 1824 2 ( June Tax 1 4 November 1 2 Part VIII. Formerly William Freeman's John Clipson ' 1771 2 2 June Tax November 1 4 1 2 2 LOT XL— No. 14. Pyemoor, near Witchford. John.HavIock 1736 41 James Evans 1806 32 Richard Huggins 1780 44 Richard Clay 1822 34 3 James Lawrence and Richard Clay 1822 1 June Tax 1 November 1 230 June Tax November 152 LOT I.— No. 14. Grunty Fen. A. Thomas Granger, and Ed^va^d Tingay Gran- ger 1800 100 June Tax 1 November 9 — LOT III.— No. 14 Grunty Fen. B. William Sayers Read 100 1786 100 June Tax November 100 LOT BOOK.— ISLE OP ELY. 717 LOT IV.— No. 10. Grunty Fen. C. .7. R. P. Elizabeth Papworth 1822 116 Ditto, Tax released 10 s . d. —~ — June Tax 1 126 November 9 LOT V — No. 14. Gruntv' Fen. D. Wil'liam Camps 1799 40 William Camps 1827 10 Rebecca Camps 1H27 10 John Camps 1827 11 Read Tansley Camps 1827 29 100 June Tax November 1 4 1 LOT v.— No. 7. Widden Common and Severals in Witcbam. Part I. Widden Common. Richard Macormick 1800 10 June Tax November 1 8 1 3 10 LOT VIIL— No. 5. Mepal Common. ^. R.P, William Palmer 1788 53 June Tax 14 53 November 1 LOT IX.— No. 3. Widden Severals, in Mepal. Part I. Formerly Brown's and others. Benjamin Vipan 1812 2 2 32 June Tax November 1 4 1 2 2 32 Part II. Formerly Smith's and others. JohnLon? 1812 4 36 June Tax November I 4 1 4 36 Part II. Widden Several. John Owen 1805 4 June Tax 1 8 November 1 3 4 LOT XIV.— No, 6. Witcham Severals. Part I. Cawcroft. John Owen 1803 25 2 Part III. Formerly Whiting and Whinne's. Ann, the Wife of Jo- seph Vipan 1819 10 12 June Tax November 1 4 1 1 12 LOT XL— No. 6. Mepal Several of Mrs. Carter's, by Furry Fen. JohnMaser 1812 8 2 William Pitchford 1819 9 2 June Tax November 25 2 1 3 Part II. Meadland's, formerly Pea- cock's, and others. John Owen 1823 3 I June Tax November 1 8 1 3 3 1 Part III. Formerly belonging to divers persons. William Bell 1800 4 3 10 Fryer Richardson, jun. 1820 8 June Tax November 1 4 1 18 LOT VI.— No. 8. Mepal Severals. A. Part I. Formerly Carter and Wigmore's. William Palmer 1788 26 2 30 June Tax November 1 4 1 26 2 30 June Tax November 1 8 1 3 12 3 10 Part IV. Formerly belonging to divers persons. William Bell 1800 7 1 30 June Tax 18 7 1 30 November 1 3 — Part V. Formerly Mcrrcll's and others. WUliamBcll IfcOO 7 June Tax 1 8 November 1 3 7 Part II. Formerly Phippa and Aspland's. AmosPoulton 1787 2 2 6 June Tax November 1 4 1 2 2 6 Part III. Formerly Jederill's. William Palmer 1788 6 2 June Tax 1 4 November 1 Part IV. Fur Fen. George Waddiugton, clerk 1828 6 2 June Tax November 1 4 1 718 1791 178/ Part V. Formerly Whinnes and Wigmore's, ^. R. P Edward Rose Amos Poulter Laud uot ascertained s. d. June Tax 1 4 November 1 _- Part VI. Formerly Whinne's. William Jellings 1811 1 APPENDIX. Part HI 15 3 5 2 June Tax November 1 1 Forn)crly Whinne and Adams's. .V. R. P. Amos Poulter 1787 6 10 s. d. June Tax 14 6 10 November 1 Part IV. Formerly Cooper's. Amos Poulter 1787 6 2 36 Juue Tax November 6 2 36 Part VII. Partof llff. 3?-. 10;;. Formerly Aspland's and others. Edward Martin William Jellings June Tax ] November 1 1756 1811 3 6 1 29 LOT VII.— No. 5. Mepal Severals. B. Part I. Part of \\a. 3r. 10/). Aspland's and others. Edward Martin 1756 June Tax November 7 35 Formerly 4 2 15 4 2 15 Part II. Formerly Aspland and Brown's. William Jellings 1819 5 3 June Tax November Part III 5 3 Formerly taken out of several Grounds. Edward Martin, and Ann his Wife John Owen William Pitchford William Jellinsrs 1756 1805 1813 1821 23 14 10 13 3 22 12 June Tax 1 4 November 1 Part IV. Near Fur Fen. John Maser 1812 June Tax November 60 3 34 3 2 31 3 2 31 LOT VIII.— No. 6. Severals of Mepal. C. Part I. Formerly Wabie, Aspland, and Carter's. William Pitchford 1813 2 1 16 June Tax November 1 2 1 16 Pan II. Formerly Whinne's. William Pitchford 1819 6 3 18 June Tax November 6 3 18 LOT XI.— No. 2. Middlemoor, in Sutton. In the Wash. Stephen Feary, jun. 1811 37 June Tax November LOT I— No. 3. Sutton Meadlands, next to Middlemoor Stephen Feary Stephen Feary, jun. 1773 1811 21 110 June Tax November 131 LOT VI.— No. 6. Sutton Meadlands, next unto the Grounds mentioned in Lot I. No. 3. Stephen Feary 1800 25 June Tax November 25 LOT XIX.— No. 3. Sutton Meadlands, next towards West Fen. Stephen Feary 1773 18 June Tax November 18 LOT XI.— No. 3. Cocbsnests, and Mr. Jetherell's Hamlets, in Sutton. Part I. Formerly the Dean and Chapter's. John Eden Leeds 1805 12 20 June Tax November 1 2 20 Part II. Formerly Drury's. John Eden Leeds 1805 1 2 10 June Tax 18 1 2 10 November 1 3 Part III. Formerly Carter's. Ellington Wright, Tax released to himself 17 93 3 20 June Tax November 3 20 LOT BOOK. — ISLE OF ELY. 719 Part IV. Formerly Taylor's. A. R. John Brown, jun. 1807 2 *. d, " June Tax 18 2 November 1 3 Part V. Jetherall's Hamlets. Joseph Vipan 1785 1 1 June Tax 1 8 November 1 3 1 1 30 LOT XI.— No. 4. Little Holwood, and West Fen, next Sutton Meadlauds. A. Part I. Little Holwood. William Charter 1811 16 1 Joseph Vipan 1815 27 to June Tax 1 November 1 8 3 Part II. West Fen. Thomas Rogers 1814 June Tax I November 1 8 3 Part III. West Fen. Thomas Rogers 1814 43 1 15 13 2 13 2 June Tax 1 8 November 1 3 Part IV. West Fen. John Robinson 1768 14 1 14 1 1 3 June Tax 1 8 November 1 3 Part V. West Fen. John Upshire 1740 June Tax 1 8 November 1 3 2 3 2 3 LOT XIL— No. 3. Part of Sutton West Fen. B. John Upshire 1740 5 1 Joseph Upshire 1805 5 1 June Tax November 10 2 LOT XV. Sutton West Fen C. No. 3. Part I. Stephen Ft-ary 1784 Joseph Vi|)ari 17'JC Ann, tlic wife of ditto 1822 John Vipan 1822 22 20 18 10 June Tax November 1 8 1 3 70 2 21 Part II. Partof91«. 3r. 29/j. yt. R. P. Joseph Vipan 1785 46 1 19 June Tax November 46 1 19 LOT XVI.— No. 3. Sutton West Fen. D. William Wri-'ht 1822 20 Jime Tax 18 20 November 1 3 LOT XVIIL— No. 4. Sutton West Fen. E. Part I. Part of 91a. 3r. 29/7. Henry Brown 1808 25 2 10 June Tax November 1 8 1 3 25 2 10 Part 11. At the west end of the 91a.3j-.29/7. Henry Brown 1808 3 3 13 June Tax November 1 8 1 3 3 3 13 Part 111. Adjoining the 91«. 3r. 29;?. Henry Brown 1808 1 3 31 June Tax November 1 8 1 3 31 Part IV. Next Hamond's Eau. Henry Brown 1808 10 3 11 June Tax November 1 8 1 3 Next Hammond's ght 1823 1 8 1 3 10 3 11 Part V. Francis Kn June Tax November Eau. 28 28 2 2 5 5 Part VI. Formerly Merrill's. Francis Knight 1823 1 3 10 June Tax November 1 8 1 3 1 3 10 Part VI. Part of 175 Acres, Sutton Mcadlands, and lying witii the 131 Acres, Lot 1. — No. 3. Stephen Feary, jun. 1811 10 June Tax Noven>l)er 1 8 1 3 1 LOT 111.— No. 4. Sutton, tlie remainder of North Fen, and the Middle, next towards Chatteris Fens, and >\(i. Or. 2'-)]). in ^Vest Fen adjoining. Part I. West Fen. George Thomson 6 26 ■Tunc Tax November 6 26 720 Part II. The Middle. George Thomson APPENDIX. June Tax November Part III. John Cawthorn d. 4 The Middle. 1812 A. li. P. 12 3 4 12 .3 4 10 1 7 June Tax November Part IV. George Thomson June Tax Novcffibcr 4 10 1 7 North Fen. 2 3 3 4 2 3 3 LOT II.— No 2. Sutton, in North Fen. Part I. Adjoining Hammond's Eau. JohnDoby 1694 Ifi 2 Freeman Cawthorn 1767 3 2 25 June Tax 1 8 Noveml)er I 3 Part II. Adjoining Hammond's Eau. Ann, the Wife of Jo- seph Vipan 1819 15 22 June Tax 18 15 22 November 1 3 • Part III. Adjoining Hammond's Eau. Ann, the V/ifc of Jo- seph Vipan 1819 9 1 13 June Tax November Part IV 9 1 13 Abutting on Long North Fen Drove. Ann, the Wife of Jo- seph Vipan 1819 4 1 i June Tax November 4 1 2 PartV. Adjoining the 20 -feet Drain. Robert Tubbs 17/0 5 Francis Knight 1823 1 3 37 Land not ascertained 6' 15 June Tax November 13 12 Part VI. Adjoining Mepal Block Fen. Ann, the Wife of Jo- seph Vipan 1819 12 I 23 June Tax November 12 1 23 Part VII. Adjoining Mepal Block Fen. James Newman 18JI II IC June Tax November 11 16 1 3 Part VIII. Adjoining Chatteris Fen. A. R. P. Thomas Camps 1682 14 3 13 June Tax 18 14 3 13 November 1 3 ., Part IX. Called Hyde's Lockspits. John Diddle 1786 13 Francis Knight 1823 27 3 2 Josiah Wright 1826 13 June Tax November 53 3 2 Part X. Near Chatteris Parish. Philip Cawthorn 1808 26 John Bluff 1787 2 13 John Bluff, Tax released 8 June Tax November I'art XI. In Blaby's Drove Ann Matthews 1785 June Tax November Part XII. 36 I 3 c. 13 25 13 25 Abutting on Short North Fen Drove. Freeman Cawthorn 1767 34 7 Ann, the Wife of Jo- seph Vipan 1819 29 2 23 June Tax November 63 2 30 LOT v.— No. 3. Sutton, South of Bedford River, next to the Fens of Haddenham and Wentworth. Part I. Adjoining South Meadlands. John Upshire 1805 19 3 June Tax November 1 8 1 3 19 3 Part II. Abutting on Haddenham. John Upshire 1805 10 2 28 June Tax November 10 2 28 Part III. Abutting on Haddenham. John Upshire June Tax November Part IV. John Upshire June Tax November 1805 3 2 3 2 Ryman Moor. 1805 4 3 22 3 22 Part V. adjoining to land called the Besons. ^. R.P. William Wiseman 1742 6 William Wright 1799 20 2 28 Edward Bediugham 1805 4 3 13 M'illiam Gates 1812 4 3 11 Sarah Edwards 1815 3 Alexander Simson 1821 11 3 John Upshire 1805 10 3 38 Ditto, Tax released 10 *. d. June Tax 18 72 10 November 1 3 ^ Part Vf. Next Haddenham Small Fen. John Upshire 1805 9 2 20 l^T BOOS. ISLE OF ELY Part VII June Tax 1 8 November 1 3 9 2 20 LOT XII.— No. 2. Sutton Grounds, South of Bedford River, Ij-ing next to the Grounds of Sutton, in the 5th Lot. Part I. Out of the Wash, near Sutton Gravel. Joseph Vipan 3 2 17 June Tax November 1 8 1 3 3 2 1; Part II. Out of the Wash. Ryman Moor. Ann Matthews 1785 16 Ann, the Wife of Joseph Vipan 1822 16 10 June Tax November 1 8 1 3 32 10 Part III. Out of the Wash. South Fen. Joseph Vipan 1796 7 3f) June Tax November 1 8 1 3 7 36 Part IV. Out of the Wash. Manyman's Doles. John Vipan June Tax November 1824 1 8 1 3 3 38 3 38 Part V. Out of the Wash. Manyman's Doles. 1800 2 1 26 .loscjih Vipan .June Tax November 1 8 1 3 2 1 26 Part VI. Out of the Wash. Adjoining the Chain Caubcway. Joseph Vipan 1 2 .56 June Tax November 1 8 1 2 36 Out of the Wash. Ditches. Joseph Vipan 1800 «. d. June Tax 1 8 November I 3 Part VIII. Out of the Wash. Veutris's. Joseph Vipan 1799 721 Between A. RP. 1 2. 31 1 2 31 Formerly 5 2 14 5 2 14 June Tax I 8 November 1 3 -■ Part IX. Out of the Wash. Bury Lot. Joseph Vipan 1800 15 3 11 June Tax November 1 8 1 3 15 3 11 Part X. In the Wash. Adjoining the Gault Causeway. Joseph Vipan 1785 6 20 18 6 20 June Tax November Part XI. In the Wash* In West Fen- Ann, the Wife of Jo- seph Vipan 1822 7 3 24 June Tax November 1 8 1 3 7 3 24 Part XII. In the Wash. In West Fen. Joseph Vipan 1820 3 26 June Tax November 1 8 1 3 3 26 Part XIII. In the Wash. In West Fen. Ann, the Wife of Jo- seph Vipan 1822 6 1 15 1 8 1 3 5 1 15 June Tax November Part XIV. In the Wash. Abutting on North Meadlands. Joseph Vipan 1785 2 20 June Tax November 2 20 Part XV. In the Wash. Near South Mead- lands. Joseph Vipan 1785 9 6 Joseph Upshire 1805 'Z 1 ?,0 June Tax November 1 8 1 3 11 1 36 LOT VIII.— No. 3. Sutton, Soutli of Bedford River. Parti. Out of the Wash. North of tlic road to the Gault. John Morris 1822 .i 2 22 June Tax November 3 c 1 8 I 3 3 22 1811 384 16 400 No. B. 15. 722 Part IT. Out of the Wash. Between Ditches. A. R. P. Joseph Vipan 1799 5 38 *. d. • June Tax 18 5 38 November 1 3 — Part III. In the Wash. North of the Gault Causeway. JohnPhipps 1790 3 25 Ditto, Tax released by himself 1 William Jellings 1803 13 2 15 JohnBulman 1796 7 2 20 June Tax 18 23 20 November 1 3 LOT X.— No. 19. Normoor, in Chatteris, next to Honey. A. Eliza, the wife of Ro- bert Stevens, and Maria, the wife of John William Kit- chener Ditto, Tax released June Tax 1 4 November 1 LOT XL— Normoor, in Chatteris. John Fryer, Daniel Fryer, and Thoams Fryer June Tax 1 4 November 1 LOT XVL— Normoor, in Chatteris. Richard Ruston Edward Ruston Robert Ruston "William Tabor Thomas Smith John B rammer Smith Elizabeth Thimblcby James Robinson Ditto, Tax released John Marchant William Curtis Thomas Young William Triplow John Ross William Smith Ditto, Tax released Thomas Bays James Burgess Edward Strattou Edward Ruston, Ro- bert Ruston, Wil- liam Seward, Tho- mas Youncr, and William Tabor Thomas Lemon, Tax released June Tax 1 4 November 1 APPENDIX. 1826 400 400 No. J 2. C. 1807 1807 1807 1814 1807 1808 1807 1807 1807 1821 1807 1807 1807 1807 1812 1821 1809 1810 2 20 1 3 20 2 2 20 1 5 2 20 2 2 2 20 1 3 20 1 2 2 35 LOT XV.— No. 17. Normoor, in Chatteris. D. Parti. North of the 40 Feet. William Smith 1780 Ditto, Tax released Thomas Lamb Ditto, Tax released W^illiam Richardson Ditto, Tax released James Robinson, jun. Ditto, Tax released James Robinson William Curtis William Valentine Thomas Smith John Cave Thomas Young Ditto, Tax released Elizabeth Boyce Thomas Paine, and William Paine 1825 W^illiam Triplow, Tax released William Dunn Gardner, Tax released s. d. June Tax ) 4 November 1 1786 1795 1862 1807 1818 1821 1823 1825 1825 A. R. P. 1 6 24 2 8 27 1 6 2 3 3 6 22 6 4 18 17 2 2 2 4 1 3 36 3 2 1801 25 11 3 13 4 210 Part II. South of the 40 Feet. Thomas Warth John Bays, and Jas. Fountain John Read Ditto, Tax released Thomas Bays Ditto, Tax released Edward Hodson, and John Bays Ditto, Tax released Joseph Bays Ditto, Tax released John Cave William Bassett Richard Ruston Ditto, Tax released Potto Brpwn, and Mary his wife James Snjith, and Sarah his wife Thomas Wright Joseph Weight Samuel Wells William Kendall, Tax released Thomas Lemon, Tax released William Lyon, Tax released John Stocks, Tax re- leased 1754 15 2 1790 1791 1816 1793 1798 1819 1807 1811 7 2 1 I 30 7 10 14 2 10 9 30 6 1 6 26 2 6 28 2 3 14 2 2 2 2 1823 17 3 6 1825 1825 1825 1825 14 6 1 17 6 1 17 7 26 3 3 3 3 2 400 June Tax 1 4 .— November 1 200 LOT BOOK.- ISLE OF ELY. 723 LOT VI.— No. 14. Curf and Gore, in Chatteris. A. Ts'ext towards Chatteris. George Waddington, (clerk) 1828 s. d. June Tax 1 4 November 1 LOT VII.— No. 12. Curf and Gore, in Chatteris. B. Next Doddington. A. R. P. 200 200 John Sutton 1715 8 Edward Smith 1800 31 John Mash 1807 11 Edward Ruston 1822 14 Potto Brown, and Mary his ^vife 1823 104 William Brooks 1827 4 George Waddington, (clerk) 1823 28 Jane Tax 1 4 200 November 1 — LOT II.— No. 10. Langwood Fen, in Chatteris. A. John Fryer Jane, the wife of V liam Dunn Gardi l^il- ler 4 1817 1797 200 100 June Tax 1 Norember 1 LOT III. 300 '^o. 15 Langwood Fen, in Ch Henry Skeels William Warth Daniel Ilett Fryer Richardson William Lyon Robert Boufield atteris. B 1827 17fi9 1826 1789 1799 1799 4 2.T 35 40 50 75 75 June Tax 1 Nnvembcr 1 300 LOT VIII.— No. 14. Langwood Fen, in Cliatteris. C. Joseph Saherton ^ ^^q2 32Q Sabertoa J I me Tax November 1 4 1 320 LOT IV.— No Wendy Fen, in Chatteris. Henry Skeels 1827 Fryer Kichurdson, jnn. 1^520 John Lamb 1793 Thomas Lamb 1793 William Mason, and Eli:£abclh hiB wife \W2i Jimc Tax 1 4 November 1 11. 1.34 100 2 2 .-iO 800 LOT XVIII— No. 13. RoDgh Wcstmoor, in Chatteris. A. J. R. P. Thomas Warth 1740 28 John Warth 1792 25 Joseph Brown 1765 100 Thomas Richardson 1807 25 Thos. Richardson, jun. 1820 50 John Minet Henniker, and John Chafy, (upon trust) 1815 22 William Serjeant Den- ny, and William At- terbnry, jun. (upon trust) 1823 50 June Tax 1 4 300 November 1 LOT XIX.— No. 11. Rough Wcstmoor, in Chatteris, next Bcezling's Fen. B. Joseph Brown 1760 Edward Ilett 1777 Thomas Richardson 1802 Thos. Richardson, jun. 1820 Ann Waddington 1820 Edward Smith 1794 William Chafy, (D.D.) 1825 John Minet Henniker, and John Chafy, (upon trust) 1815 8 40 20 24 50 85 34 35 1 4 1 296 June Tax November LOT IX.— No. 2. Mr. Wendy's Ground, in Chatteris. George Thomson 234 June Tax 2 234 November 1 6 LOT v.— No, 8. Chatteris Severals. William Mason 1789 5 (V June Tax IB 5 November 1 3 ■ LOT XII.— No. 7. Chatteris Severals. Part L Block Fen. Fryer Richardson, jun. 1820 Joseph Saberton"! jgj^j Sabcrlou / 44 3 44 3 June Tax 1 8 November 1 3 89 2 Part II. Town Meadow, and other Grounds. Robert Clarke 1825 15 3 3 Richard Ruston 1825 11 2 23 Juno Tax November 3 c 2 1 8 1 3 27 1 2C 724 APPENDIX. Part III. Formerly Vintiier and others. A. R. P. William Mason 1789 20 7 s. d. — _____ June Tax 18 20 7 November 1 3 , Part IV. Formerly Read's. William Ingle 1817 1 3 32 June Tax November 1 3 32 Part V. Formerly Bruce and others. William Ingle 1817 « William Mason June Tax November 1789 10 18 2 2 2 10 Part VI. Formerly Castle's. William Mason 1789 9 210 June Tax November 9 2 10 Part VII. Formerly Dring's. William Mason 1789 7 2 10 June Tax November 7 2 10 Part VIII. Formerly Rutter's. John Warth 1814 6 2 5 June Tax November 1 8 1 3 6 2 5 Part IX. Formerly Camp's. Thomas Andrews 1821 June Tax November Part X. Thomas Smith June Tax November The Mile. 1798 8 3 [)'S. 8 3 8 3 4 16 4 16 16 4 36 4 Part XI. Formerly Bate's and others. Thomas Richardson 1807 20 Christopher Billups 1818 June Tax 1 8 November 1 3 LOT IV.— No. 3. Honey Fen, in Chatteris. Jane, the wife of Wil- liam Dunn Gardner 1797 DODINGTON, MARCH, &c. LOT L— No. 15. Bcezliug, in Doddington. Christopher Billups 1787 Isaac Low 1791 Thomas Richardson 1 807 JoscphRichardson,jun. 1819 Thos. Richardson, jun. 1820 John Margetts 1810 John Sears 1818 Rutter Lewin, and Elizabeth Lewin s. d. June Tax 1 November 9 A. R. P. 21 12 1C3 1 3 2 100 3 10 17 1826 16 2 344 June Tax November 40 40 LOT VIL— No. 14. Horsemoor. B. 200 acres. Whereof ex- changed 82 acres, for 82 acres in Beez- lings. Part I. Beezling Fen. John Warth 1717 10 Thomas Richardson 1807 72 82 June Tax 1 November 9 Part II. Horsemoor. John Morton 1827 118 June Tax 1 November 9 118 LOT VL— No. 16. Beezling Fen, lying next Rough Westmoor in Chatteris, exchanged. John Fountain 1666 200 June Tax November 1 9 200 LOT VL— No. 15. Dikeamoor, next West Water. D. Mary Goodman 1770 72 Nathaniel Jarman Goodman 1817 84 June Tax 1 November 9 156 LOT XIX.— No. 12. Dikeamoor. C. Thomas Burgess 1815 200 June Tax 1 November 9 200 LOT XVII.— No. 15. Dikeamoor B. William Langman 40 Bowen Thickens, clerk 1819 60 Edward Loomes 1802 100 June Tax 1 November 9 200 LOT BOOK.— LOT VII.— No. 13. Dikeamoor. A. ^. R.P. Edward Loomes 1812 30 William Langman 79 1 20 William Pallett, and Ann, his wife 1811 15 2 20 Thomas Garford 1817 75 g (I June Tax 1 200 November 9 ISLE OF ELY. 725 LOT I.— No. 17. Stonea Fen, and Block Fen Common. A. John Minet LordHen- nikcr, and John Chafy 1827 500 June Tax 1 4 November 1 500 LOT II.— No. 12. B. Stonea Fen, and Block Fen Common. William Lyon 1797 200 Edward Ilett, and Daniel Ilett 1804 200 June Tax 1 4 November 1 400 LOT III .—No. 17. Stonea and Block Fen Common. C. William Bonfield 1824 300 William Goulding 1790 46 Thomas Cole 1818 54 June Tax November 1 4 1 400 LOT XII.— No. 15. Stonea and Block Fen Common. D. Thomas Cole 1827 144 1 19 Thomas Orton, and William Orton 1819 255 2 21 June Tax 1 4 November 1 400 LOT XVIII.— No. 14. Horsemoor. C. Susannah Matthews Thomas Ewen 1813 51 1 5 1803 148 2 35 June Tax 1 200 LOT X.— No. 21 . Horsemoor. D. Thomas Matthews, Ed- ward Matthews, and Ann the Wife of John Pope 1809 Susannah Matthews 1813 143 143 2 2 June Tax 1 November 9 287 LOT XVII. —No. 14. Wiche and Stow Fen, in March. ^. R. P. Thomas Cole 1802 48 2 Joshua Brown 3802 25 Thomas Cockett 1817 26 2 William Hawyes Wray 1825 60 Ann Warth 1783 15 Ambrose Ground d. 8 1797 25 June Tax 200 November fi __ LOT XVI.— No. 13. Great Binnimoor and Gray's Feu in Dod- ington, next to Gray's Fen. Ralph Aveling 1801 191 John Gray 1826 100 The Trustees of Wis- bech Chapel of Ease 1827 3 June Tax November 8 6 294 LOT XVIII.— No. 17. Great Binnimoor and Gray's Fen, next to- wards the River Nene. John Johnson David Cowherd 1797 100 1774 100 June Tax November 8 6 200 LOT I.— No. 16. Creek Fen in Doddington, A. Next towards March. Nathan Gray 1824 130 William Pcckover (up- on trust) 1824 70 June Tax November 1 9 200 LOT II.— No. 11. Creek Fen, in Doddington. B. N.-ithan Gray 1824 160 William Peckover (up- on trust) 1824 100 June Tax 1 November 9 260 LOT III.— No. IG. Whitemoor, in Doddington. A. The parcel of 300 acre* diked out. John WarJ 1789 50 Nathaniel Goodman 1809 l.^O Henry Wade 1707 100 June Tax 1 4 fJoTcuibcr 1 300 726 ArPENBIX. LOT IV,— No. 12. Wliitemoor, in Dodiluigton. B. Next to the 300 acres diked out. A. R James Fountain George Lamb Nathaniel Goodman John Lovel Ann, Wife of Joseph Watts John Meadows and Susannah his Wife Edmund Barley «. d. June Tax 1 4 November 1 1793 40 2 ISOl 142 2 1809 33 i8oy 20 2 1821 55 2 1822 38 3 1826 69 1 400 LOT v.— No. 17. Whiienioor. C. Next unto Wisbech Fen. Wisbech and March, Turnpike Trustees 5 William Linney 1790 115 William Watson 1820 180 June Tax 1 8 300 November 1 3 LOT XL— No. 16. The Middle, in Doddington. Simon Goodman 1824 200 June Tax 1 4 November i 200 LOT XIV.— No. 13. Burroughmoor, in March. John Kirkby 1809 500 June Tax 1 4 November 1 500 LOT v.— No. 16. West Fen, and West Fen Close. A. James Jones 1817 483 June Tax 1 November 9 483 LOT VIII. No. 15. West Fen, and West Fen Close. B. John Kirkby 1809 391 Simon Smith 1767 27 John Smith 1776 107 June Tax I November 9 525 LOT IX.— No. 16. West Fen and West Fen Close. C. Hardy Johnson 1785 500 June Tax November 1 9 500 LOT XII, No 14. West Fen and West Fen Close. D. James Boyce 1753 Thomasine Henery 1824 John Woodward and A. R. P. 101 2 10 212 1 30 Joseph Jackson Elizabeth Bovce 1825 1801 107 79 June Tax November 500 LOT XIII.— No. 14. West Fen and West Fen Close. E. Nathan Gray 1824 ; Mary Wakelin, and John Searle Mary Wakelin, and Nathan Gray Mary Wakelin, and 2 1805 225 2 1824 140 William Ashworth 1817 126 June Tax November 1 9 500 LOT XVII.— No. 16. Stonea Fen Severals, D. Thomas Cole 1794 90 George Fisher 1819 103 Thomas Lcwin 1804 57 Thomas Boufield 1824 50 June Tax 10 300 November 9 LOT XIV. No. 15. stonea Feu Severals. A. Thomas Bonfield 1824 300 June Tax November 1 9 300 LOT XV.— No, 18. Stonea Fen Severals. B. William Thorpe 1820 300 June Tax November 1 4 1 300 LOT XVI. No. 14. Stonea Fen Severals. John Clipson Abraham Tagg William Thorpe June Tax November 1 4 1 1771 225 1820 140 1820 60 425 LOT XIV.— No. 14. Dr. Sam's Horsemoor, embanked. Thomas Aveling 1817 118 1 Henry Skeels 1822 106 3 June Tax November 1 9 225 LOT BOOK.— • LOT I.— No. 19. Great Bradaeymoor, a Several of Dod- dington. yi. R. P. Zachariah Graham 182o 162 2 5. d. June Tax 1 4 162 2 November 1 ■ — LOT XVIL— No. 20. White Fen, a Several of Ben wick Joseph Shepperson 1810 119 1 June Tax November 1 9 119 1 LOT XVIL— No. 21. Brown's Fen, by Benwick, a Several of Dr. Sams. Thomas Burgess 1815 35 20 John Bates 1793 15 June Tax November 50 20 LOT XVIL— No. 18. Mr. Peyton's Severals, by Hob's Dike, in March. Part I. Norwood Severals. William Golden 1811 103 June Tax 14 103 November 1 Part II. Norwood Severals. John Household 1818 13 3 June Tax 14 18 3 November 1 Part III. Norwood Severals. Thomas Jenkinson 1669 11 1 20 June Tax November 11 1 20 LOT XVIL— No. 19. Peter Williams' adjoining Severals. Part 1. Near Grandford. Robert Bevill 1806 11 June Tax 14 11 November 1 Part II. Near Grandford. Robert Bevill 1806 23 2 10 June Tax November 23 2 10 LOT L— No. 20. Severals of Doddington, &c. A. I'art I. Norwood Severals. Robert Wilson 1781 9 3 10 June Tax November 1 4 1 9 3 10 7'^ ISLE OF KLY. j Part II. Near Plantwater. j A. JR. P, Joseph Jackson 1821 15 s . d. — June Tax 14 15 November 1 Part 111. Near Plantwater, part of 22 acres, Edward Bigland 1748 7 2 30 June Tax November 1 4 1 7 2 30 LOT II.— No. 14. Severals of Doddington. B. Part I. Creek, part of 49a. Ir William Peckover (upon trust) June Tax November 1824 16 1 5 16 1 Part II. Near the Chain. Robert Hutchinson Lewia 20 June Tax 14 20 November 1 Part III. Norwood Closes. Charles White 1793 11 28 Thomas Golden 1811 1 3 20 3 1 June Tax 1 4 November 1 — ,, Part IV. Part of 42a., near Plantwater. Joseph Jackson 1821 27 3 34 June Tax 1 4 November I 27 3 34 LOT IV.— No, 18. Severals of Doddington. C. Part I. Mumford Lands. Susannah Goodman 1809 4 35 June Tax 14 4 35 November 1 Part II. Mumford Lands. William Elwes 1761 3 2 5 June Tax November 1 4 1 3 2 5 Part III. Mumford Lands. Simon Goodman 1H18 2 1 13 June Tax November Part IV. At the Chain. Thomas Richardson & John Doncaster 1822 1 13 20 June Tux November 1 4 1 20 728 APPENDIX. Part V. Near Plantwater ; part of 42 acres .'/. R. P ■ Joseph Jackson 1821 s. <1. June Tax 1 4 November 1 Part VI. Whitemoor John Abbott 1758 14 2 6 14 2 C 3 20 June Tax 1 4 November 1 Part VII. Death Fen. Edward Adams 1766 June Tax 1 4 November 1 Part VIII. Sumps. David Cowherd 1779 3 20 6 3 15 June Tax November 6 3 15 LOT VIII.— No. 19. Severals of Doddington, &c. D. Part I. Redlands. Cornelius Corthorne 1783 June Tax November 1 10 1 10 Part II. Near Peas Hill. Robert Barlow 1792 2 3 June Tax November 2 3 Part III. The Otter Holt's. Nathan Gray 1824 35 1 4 35 June Tax November LOT X.— No. 29. Severals of Doddington, &c. E. Part I. Reed Fen, part of 30 acres. Susanna Jackson, and Elizabeth Jackson 1795 26 3 24 June Tax November Part II. 26 3 24 Near Tilney Hern j part of 10a. 3a 0/j. Thomas Richardson 1794 3 3 33 June Tax November Part III. Robert Bevill June Tax November 3 3 33 Near Granford. 1806 8 3 10 8 3 10 Part IV. Wragge Fen, near Granford. ^. R. P. John Ward 1789 9 3 28 s. (I. June Tax 1 4 November 1 Part V. Whitemoor. John Ward 1789 June Tax November 9 3 28 12 2 25 12 2 25 LOT XIII.— No. 19. Severals of Doddington, &c. F. Part I. Near Plantwater ; part of 22 acres. Thomas Swann 1696 14 1 10 June Tax November 1 4 1 14 1 10 Part II. Near Tylney Hern ; part of I0«. 3r. Qp. Thomas Richardson 1794 6 3 June Tax November 1 6 3 7 Part III. Near Great Cross. Nathan Gray 1824 5 2 June Tax November 5 2 LOT XVI.— No. IG. Severals of Doddington. G. Part I. Near Flood's Ferry, William Blench 1800 4 3 38 June Tax 1 4 November 1 Part II. Near Beezlings Mary Goodman 1770 June Tax 1 4 November 1 Part III. Near Benwick Meer Isaac Ibberson 1820 June Tax 1 4 November 1 Part IV. Near Benwick, William Quince 1735 4 3 38 4 3 10 4 3 10 eer, 1 1 1 20 June Tax November 1 20 LOT XVIII— No. 20. Severals of Doddington. H. Part I. Reed Fen ; part of 30 acres. Susanna Jackson, and Elizabeth Jackson 1795 3 16 June Tax November 1 3 16 LOT BOOK.^ — ISLE OF ELY. 729 Part II. Creek ; part of 49rt. Ir. 5jo. A. R. David Cowherd, John Corthorne, William Corthorne, Robert Hutchinson Lewin, William Matthews, William Elwes, and William Ratcliffe 1781 ». d. June Tax 1 4 November 1 Part III. Granford. Nathaniel Goodman 1809 June Tax 14 10 November 1 — Part IV. Bagdole in Benwick. John Bates 1793 2 3 34 33 33 1 June Tax 14 2 3 34 November 1 Part V. Near Manea. Robert Whiting 1«02 25 June Tax 14 25 November 1 " WHITTLESEY. Number 23. Part of the King's 12,000 Acres. Glassmoor, by the Steads. John German 1807 108 William Richardson 1809 93 2 31 Ditto, T.ix released toWiu?elf 5 Joseph J^.rar?y 1816 147 Abraham Stsffueth 1818 231 Samuel Staflfuvth, Pyott Staff uith, and Wil- liam Staffurth 1818 13 Rebecca Maltman 1824 48 1 9 June Tax 11 646 November 9f Number 19. Part of the King's 12,000 Acres. Fleg Fen. Lenox Lightfoot 1687 100 William Searle 1774 87 2 7 William Booth 1787 224 Thomas Johnson, Hen- ry llaynes, Daniel Ground, John Russel and William Ground 1816 7 3 12 Henry Hayncs 1817 101 3 35 William Davie Ground 1812 363 2 13 Henry Freeman 1825 15 13 The Honourable Selena Childers, and John Walhanke Childcrs 1827 749 John Walbankc Chil- dcrs 1827 429 June Tax I 1 November 9^ 2078 Number 20. Part of the King's 12,000 Acres. South Pinglc. A. R.P. The Honourable Selena Childers, and John Walbanke Childers 1827 59 *. d. June Tax 11 59 November 9| — — Number 21. Part of the King's 12,000 Acres. The Middle, &c. The Honourable Selena Childers, and John Walbanke Childers 1827 734 June Tax 11 734 November 9\ — — " '— — Number 22. Part of the King's 12,000 Acres, Eastrea Common. The Honourable Selena Childers, and John Walbanke Childers 1827 932 June Tax November 1 1 9| 932 Number 25. Part of the King's 12,000 Acres. Part of Wjsbech Common, lying betweea Moreton's Leam and Bevill's Learn. The Honourable Selena Childers, and John Walbanke Childers 1827 177 1 1 William Clark 1804 228 I 12 George Bradley 1815 85 3 27 June Tax November 1 1 9| 491 2 LOT XII.— No. 13. Elm Common and Scverals. JohnEdes 1808 150 Ann Gibbons 1819 38 2 William Symons 1822 61 2 1 4 1 250 June Tax November LOT II.— No. 8. Ladus Fen, next unto Creek. A. Henry James Nichols 1B02 115 June Tax 14 115 November 1 • LOT 111.— No. 13. Ladus Fen. B. Sir Thomas Peyton 1739 115 June Tax 1 4 November 1 3 o 1 15 730 APPENDIX. LOT VI. -No. 12. Ladus Fen. C. A. R.p. 1796 115 William Bacon June Tax November s. d. 1 4 1 115 LOT IX.— No. 13. Ladus Fen. D. William Waudby 1826 115 June Tax Noyember 1 4 1 115 LOT XII.— No. 11. Ladus Fen. E. Tliomas Lister Wiles 1815 115 June Tax November 1 4 1 115 LOT XVII.— No. 10. Ladus Fen. F. Thomas Jenkinson 1693 105 June Tax November 1 4 1 105 UPWELL, OUTWELL, AND WELNEY. LOT III.— No. 18. Eausimoor, &c. A. Part L East of the 16 Feet. Joel Tomlinson 1754 37 Hugh Wool 1803 91 James Saunders, and Rebecca his wife 1805 50 Robert Woodward 1808 50 Richard Orton, and Thomas Orton, (up- on trust) 1824 118 346 June Tax I November 9 Part II. West of the 16 Feet. James Saunders, and Rebecca his wife 1805 25 Ralph Avelicg 1811 108 Robert Woodward 1808 21 June Tax November 1 9 154 LOT VI.— No. 17. Eausimoor, &c. B. James Saunders 1800 2 1 Thomas Orton 1803 250 Trustees of Wisbech Chapel of Ease 1827 247 3 39 June Tax November 1 9 500 LOT IV.— No. 13. Eausimoor, Well, Pingle, and Farmer's Fen. C. Richard Orton Thomas Orton June Tax November A. R.P. 1804 469 1 1804 78 3 «. d. 1 9 548 -No. 16. 1824 500 500 LOT VII. Eausimoor, &c. D. Morlcy Bcart June Tax 1 November 9 LOT XL— No. 1. Neatmoor, in Upwell. A. George L. Jcnyns, (clerk) 1783 250 June Tax 1 8 November 1 3 250 LOT XIIL— No. 1. Neatmoor, in Upwell. B. George L. Jenyns, (clerk) 1783 125 Sarah Grimmer 1821 65 John Wing 1819 60 June Tax 1 4 250 November 1 ■' — LOT XVIII.— No. 1. Neatmoor. C. William Thompson 1814 20 William Elmer 1809 36 Adam Chapman 1809 16 Benjamin Vipan 1811 40 John Wing 1819 138 June Tax November 1 4 1 250 LOT XV.— No. 15, Shevens in Well, next the Town of Upwell. WiUiam Hopkin 1787 100 June Tax November 1 4 1 100 LOT XVII.— No. 12. Shevens, next toward Wclney. John Hopkin 1822 100 June Tax 14 100 November I ■ LOT I.— No. 21. Hale Fen Common, and Sedge Fen, a Several by Welney, next to Weluey. A. Part. I. Out of the Wasii. William Beeton 1809 100 June Tax November 8 6 100 LOT BOOK, — Part II. In the Wash. A. R. P. Hugh Jackson 1811 100 June Tax 8 100 November 6 - LOT VI.— No. 18. Hale Fen Common, and Sedge Fen, b^ Welncy. B. Part I. Out of Ibe Wash. William Beeton 1809 100 June Tax November 8 6 100 Part II. In the Wash. HuQ-h Jackson 1811 100 ISLi, OP EiY. 731 LOT X.— No, 27. Partof Knobbals, in Welney, North of Bed- ford River, exchanged to South of Bed- ford River. A. B. P. William Beetou 1809 9 ,, d. June Tax 10 9 November 9 LOT X.— No. 24. Mr. Fincham's Grounds, in Londoner's Fen. Part I. In the Wash. William Beeton 1809 3 3 June Tax November 8 6 100 LOT VIL— No. 15. Hale Fen Common, and Sedge Fen, by Weluey, next unto the remaining part of Sedge Fen. Parti. Out of the Wash. William Beetou 1809 95 June Tax November 8 6 95 Part II. In the Wash. JohnHibbert 1815 100 June Tax November 8 6 100 LOT IX.— No. 21. Loveoaks, a Several adjoining to Common Piece. Thomas Archer 1820 June Tax November 8 6 LOT IX.— No. 20 Common piece in Welncy. Wiliam Beeton John Hibbcrt Benjamin Bird 1809 180U 1810 June Tax November 4 3 LOT IX —No. 10 Knobbals, in Welncy, South of Bedford River. John Goldsmith 1814 WiUiara Beeton l>i09 June Tax November 8 6 June Tax November ] 4 1 3 3 Part II. Out of the Wash. Richard Greaves Town- ley 1823 8 June Tax November 1 4 1 8 LOT X.— No 22. Sir Robert Bell's Grounds, in Londoner's Fen. Part I. In the Wash. William Beeton 1809 5 June Tax November 1 4 1 5 Part II. North of the Old Bedford. Richard Greaves To wn- ley 1823 83 3 21 21 53 17 64 134 f Bedford 12 7 19 " June Tax November 1 4 I 3 Part III. Next London Lode. Sarah Grimmer 1821 43 3 June Tax November I 4 1 42 3 LOT XV.— No. 21. A Several of Mr. Strangc's, in Londoner's Fen. Thomas Skeels 1C99 12 June Tax November 1 4 1 12 LOT X.— No. 20. Part oF Scd<.'c Fen, in Welney, North of Bedford lUver. William Lee 1808 10 Jimc Tax November 3 I) 2 8 r, 1 732 APPENDIX. LOT XI.— No. 20. Part of Sedge Fen, in Welney, North of Bedford River. A. William Lee 1808 10 *. d. June Tax 8 10 November 6 — R. P. LOT VIII— -No. 20. Hen Middle, in Londoner's Fen, called also. Hill's 10 Acres. Thomas Skeels 1699 10 June Tax November 10 LOT VIII.— No. 18. Sir John Watt's Grounds, in Londoner's Fen. Thomas White 1824 160 Hugh Wool 1818 192 1 June Tax November 3rj2 1 LOT XL— No. 19. Sir William Cockayne's Ground, in Lon- doner's Fen. William Lee 1808 171 June Tax November 1 1 4 LOT X.- -] 171 No. 25. The Ground in Londoner's Fen, formerly Mr. Fincham's. Richard Greaves Town- ley 1823 13 1 June Tax November 13 1 LOT X.— No. 23. Sir Lewis Tresham's Grounds, in Lon doner's Fen. Richard Greaves Town- ley 1823 93 1 June Tax November 93 1 LOT X.— No. 28. Three Severals of Well, between Popham's Eau and New iJike. Part I, Lynn Meadow. John Wing 1819 35 June Tax 18 35 November 1 3 . Part II. Formerly Diamond's. Joel Tomliusou 1750 25 June Tax November Part III. Formerly Bell's. Joel Tomlinson 1750 R.P. June Tax November 5 LOT XII.— No. 17. Langbeach Several in Upwcll. Edward Southwell 1706 William Lee 1825 June Tax November 6 2 1 7 2 LOT XVIII.— No. 18, Marmound, a Several in Upwell. William Bacon 1801 27 1 June Tax November 2 1 6 27 1 LOT XVIIL— No. Id. The Several Grounds, in Well, by Cote. Thomas Lister Wiles 1815 17 June Tax November New 3 17 3 LOT VI.— No. 19. Severals of Well and Welney. D. Part I. Formerly Moyse's. Morley Heart June Tax November 1808 105 36 18 105 36 1 3 Part II. Formerly Taylor's. Morley Beart 1808 46 2 20 June Tax 18 46 2 20 November 1 3 Part 111. Formerly Bellamy's. Thomas Sneath 1766 4 June Tax 1 8 November 13 •— Part IV. Called Rollingham. William Sergeant 1740 15 3 20 4 3 20 June Tax November 1 2 22 15 2 22 Part V. Formerly Calverly's Morley Beart 1788 8 3 10 8 3 10 June Tax 1 8 November 1 3 Part VI. Next the Ground called the Town Land. Susanna Jackson, and Elizabeth Jackson 1795 3 2 34 June Tax November 3 2 24 LOT BOOK. — ISLE OF ELV. 733 Part VII. Next Mag's Lake. .1. R. P HughAVool 1780 7 3 16 s. d. — June Tax 18 7 3 16 November 1 3 ~ ^ Part VIII, Near Mag's Lake. WUliamLee 1808 5 June Tax November 1 8 I 3 3 36 3 36 Part IX. Next Friday Lake. The 'IVustees of Wis- bech Chapel of Ease 1827 4 June Tax 1 8 November 1 3 Part X. Brimstone Hill William Ortoa 1821 2 1 8 1 3 4 2 7 10 7 10 June Tax November Part XI. Near Brimstone Hill. The Trustees of Wis- bech Chapel of Ease 1827 9 1 22 June Tax November 1 8 1 3 9 1 22 Part XII. Formerly Fincham's. William Lee 1801 13 2 June Tax November 1 8 1 3 13 2 Part XIII. Formerly Roger Pratt's. Robert Hills 1786 7 2 June Tax November I 8 1 3 7 2 Part XIV. Formerly Gray's. Robert Hills 1785 12 25 June Tax November 1 8 1 3 1 2 25 Part XV. Near Darcy Lode. Robert Hills 1786 3 12 3 12 June Tax 1 8 November 1 3 Part XVI. On the North side of Darcy Lode. Robert Beart 1802 8 3 30 Part XVIII. Formerly Webster's. ^. R. P. Henry Julin 1810 2 I 23 s. d. • June Tax 18 2 1 28 November 1 3 Part XIX. Lewis Meadow. William Heart 1824 7 12 June Tax November 1 8 1 3 7 12 Part XX. Formerly Hudson's. William Denston 1815 8 3 S£ 8 3 38 Part XXI. Formerly Stanbridge's. June Tax November 1 8 1 3 Joseph Gorden June Tax November 1822 1 30 1 8 1 3 5 1 30 LOT I—No. 22. Severals of Well andWelney. A^ Part I. Formerly Golden and Buck- worth's. William Beart June Tax November 1824 11 1 18 11 1 18 Part II. Formerly Birt and Bond's. Mary Scott 1785 6 1 16 June Tax November 6 1 16 Part III. Formerly Bond's. Mary Scott 1785 1 2 10 June Tax November 1 8 1 3 1 2 10 Part IV. Formerly Waters and James's. James Scott 1785 8 1 10 June Tax November 3 Part V. In the Wash. John Doughty 1674 Land not ascertained June Tax November 1 8 1 3 8 3 30 Part XVII. On the South side of Darcy Lode. Robert Heart 1802 11 3 10 June Tax Moryeuiber 1 H 1 3 11 3 10 June Tax November I 8 1 3 8 1 10 8 2 8 1 2 10 8 Part VI. Part of lOa. Ir. 26;;., near Pop ham's Eau. Abraham Gardner 1 1715 June Tax November 2 1 18 1 IB 1 3 734 LOT III.— No. 20. Sererals of Well and Welney. B. APPENDIX. Part I. A. R. P. Near Pop- Part of 10«. \r. 26p ham's Eau. Abraham Gardner 1715 8 8 *. d. June Tax 18 8 8 November 1 3 Part II. Formerly Goldswell's. Abraham Gardner 1G56 1 12 1 12 June Tax 1 8 November 1 3 Part III. Formerly Sir Robert Bell's. Abraham Gardner 1656 8 1 30 June Tax 18 8 1 30 November 1 3 Part IV. Formerly Drue's. Thomas Wright 1800 U 14 June Tax 1 8 November 13 — Part V^. Called Great Greens. Thomas Wright 1800 26 June Tax 1 8 26 November 1 3 Part VI. Formerly Bellamy's. Abraham Gardner 1656 4 June Tax 1 8 November 1 3 Part VII. Formerly Goddart's. Susanna Jackson, and Elizabeth Jackson 1795 1 20 1 20 3 10 3 10 3 38 June Tax November 4 3 38 t's. 1 2 1 2 Patt VIII. Called Green's End. William Orton 1825 3 3 10 June Tax November 10 Part IX. Formerly Diamond's. Morley Heart 1308 3 1 30 June Tax November 3 1 30 Part X. Formerly Man's. Abraham Gardner 1656 June Tax November Part XI. Robert Hills June Tax November 2 2 28 2 2 28 Formerly Parlett's. 1786 4 2 10 4 2 10 LOT v.— No. 21. Severals of Well and Welney. C. Formerly Man's. Part I. Hush Wool June Tax November Part II. William Lee, William Dow, and William Smart 1817 1780 s. d. 1 S 1 3 Formerly Dixon's, R. P. 2 8 2 June Tax November 1 7 2 7 2 1 3 LOT Xlll.— No. 18 Severals of Well and Welney, E. Part I. Formerly belonging to the Dean and Chapter of Norwich. Frances Marshall and John Marshall 1674 13 30 June Tax November 13 30 Part II. Formerly Bloome's. John Hopkin 1812 June Tax 1 8 November 1 3 Part III. Part of 10a. 3r. \Qp. Marshall's. John Hopkin 1812 June Tax November LOTXVII.— No,22. Severals of Well and Welney. F. Part I. Part of 10a. 3r. IQp. Marshall's. John Hopkin 1812 3 33 2 3 33 Formerly 4 1 27 4 1 27 Formerly 6 1 23 6 1 23 June Tax 1 8 No%'ember 1 3 Part II. Near Causeway Dil^e. John Hopkin 1812 4 2 10 June Tax 18 4 2 10 November I 3 ■ — — Part III. Adjoining Causeway Dike. Joseph Clemenson 1810 3 10 June Tax 18 3 10 November 1 3 Part IV. Adjoining Maid Lode. Joseph Clemenson 1810 3 June Tax 18 3 November 1 3 Part V. Formerly Stanbridge's. JohnSymonds 1700 10 18 10 June Tax November LOT BOOK. — Isle of ely^ 735 Part VI. Formerly Ravens. Land not ascertained A. R. P 1 June Tax 1 8 November 1 3 Part VII. In tlie Wash. Robert Ray nor 1816 June Tax November 1 8 1 3 Fart VIII. la the Littlcport District. 1 sb. Isaac Cox June Tax #. d. 1 8 11 2 November 1 3 11 2 1818 A. R. P. 3 20 3 20 HUNTINGDONSHIRE. LOT XVII.— No. 5. By Earitb Sluice. William Drury, Gar- land Drury, Thomas Skeels, William See- ly, John Cranwell, Thomas Soper, jun. Thomas Isaac, and A. R. P. John Brown, jun. 1688 2 June Tax November 3 8 2 9 2 LOT XIV.— No. Crollode, in Somersham. Thomas Longland 1787 William Ilett 1821 Jonathan Ilett 1812 June Tax 1 8 Norember 1 3 LOT I.— No. 18. Somersham Common. A. Thomas Lonujland 1787 John Minet Hcnniker, and John (jhafy, (upon trust) 1815 June Tax 1 8 November 1 3 50 4 14 2 16 2 3 24 70 250 50 300 LOT II.— No. 13. Somersham Common. B. Jonathan Ilett 1805 1.50 William licit 1821 150 June Tax 1 4 November 1 300 LOT IV.— No. 14. Somersham Common. C. //. R. P. William Margetta 1802 261 3 & John Ilett 1821 38 33 June Tax 1 4 November 1 300 LOT v.— No. 18. Somersham Common. D. Charles Leeds 1805 300 June Tax November 1 4 1 300 LOT XII.— No. 16. Somersham Common. E. Edith Watson 1820 185 Evan Edwards 1824 148 June Tax 1 4 November 1 333 LOT X.— No. 10. Rowey, in Somcrsliam. Joseph Vipaa June Tax 2 November 1 6 1818 11 11 736 APPENDIX. LOT IX.— No. 17. A. R.P. Warboys Fen, Wistow Fen, Eashnonr in Ramsey; Piilver and Turf Fen, ia Dod- dington. A. John Skeels l'^09 5 John Long-land 1803 C3 2 Fryer Richardson 1809 95 John Broughton 1810 26 6 John Harvey 1810 19 John Dring 1812 3 1 8 John and .lames Pope 1812 8 1 28 John Bedford 1812 10 2 James Gadsby 1814 3 3 12 John Balduck 1814 6 1 20 John Remington 1817 25 John Skeels, jun. 1819 6 2 Charles Finch 1820 3 2 John Margetts 1818 21 1 Francis Bleak 1810 28 2 4 James Hicks (clerk) 1821 26 John Pope 1819 5 Tlionias Escolme Fishe rl824 32 3 12 George Pry me 1825 87 1 30 William Gifford s. d. 23 June Tax 8 500 NoTember 6 s^o. 20 LOT X.— J . Warboys, &c. B. Read Peacock 1756 250 Benjamin Hervey 1793 26 19 Martha How 1793 25 William Hervey 1797 31 Ditto, Tax released to Fryer Richardson 3 Thomas Hervey 179.5 12 John Longland 1820 152 3 21 LOT XIV.— No. IG. Warboys, &c. E. Daniel Fryer and Thomas Fryer 1814 Isaac Ibberson 1820 Henry Ibberson 1820 110 John Ibberson 1820 95 Francis Ibberson 1820 185 A. RP. 20 i09 3 20 June Tax 1 4 500 November 1 LOT XV.— No. 19. Warboys, &c. F. John Frver and Sarah his wife 1814 404 1 Thom.is Behoo 1814 10 3 Henry Nightingale 1818 .10 Thomas Sewell and Thomas Grant (upon trust) 1826 14 3 10 Land not ascertained 70 June Tax 1 4 November 1 500 LOT XVL— No. 15. Warl)oys, &c. G. Joseph Richardson 1819 248 John Frver, jun. and Sarah his wife 1814 252 June Tax 1 November 9 500 June Tax 10 500 November 9 • LOT XL— No. 17. Warboys, &c. C. Read Peacock John Beard John Bletsoe John Rowell William Harvey James Jones 1756 212 1747 52 100 58 35 43 1811 1820 1819 1815 LOT XVIL— No. 17. Warboys, &c. H. SirJohnBernard, bart. 1668 450 John Carrington Dunn 1820 40 Ditto Tax released 10 June Tax November 500 LOT XVIIL— No. 15. Warboys, &c. I. William H. Fellowes 1804 500 June Tax November 1 9 500 June Tax 1 November 9 500 LOT XIIL— No. 15. Warboys, &c. D. William Henry Fel- lowes June Tax November 1 9 1804 500 500 LOT XIX.— No. 13. Warboys, &c. K. William Skripshire (moiety) and Mary Sherwood, John Sherwood, Henry Sherwood, & Hope Collett (a moiety) 1821 550 June Tax November 1 550 LOr BOOK. — HUNTINGDONSHIRE. 737 LOT v.— No. 5. Berry Mow Fen. Abraham StafFurth, and Sarah his wife 1787 *. d. June Tax 1 8 November 1 3 ,4. li. P. 45 LOT v.— No. 19. Middlemoor in Ramsey. Abraham Bailey Edward Bellamy William Beard John Denton and Wil- liam Denton Peter Rehair Henry Smith John Hughes Thomas Coot William Newton, jun. George Infield Robert Smith Samuel Wells Nicholas Bellamy John Puttrell William Denton William Nickless Robert Pearson Samuel Gale Edward Hcmmaway June Tax 1 4 November 1 LOT VIL— No. 17. 1774 50 1801 68 1806 27 1 34 1813 2 1 26 1806 94 1 30 IblO 34 3 15 1808 5 3 15 1808 4 1 26 1818 4 2 26 1812 4 2 27 1810 6 1 26 1817 30 2 21 1805 34 1811 14 1823 9 2 1823 24 1823 9 2 1823 7 1825 2 400 Middlemoor in Ramsey, B. Tvcho Wing 1820 214 Thomas Gore 1803 36 John Puttrell 1811 81 Nicholas Bellamy 1805 23 William Saunders 1815 33 John Calling 1813 3 Samuel (Jolden 1813 3 Samuel Stairurlh 1813 3 June Tax 1 November "J 1 2 15 3 25 3 3 3 400 LOT VI IT— No. l(>. Middlemoor, in Ramsey, C. William H.nrvFellowesl 814 100 William Palmer 1H03 48 1 Samuel Newton 1812 47 1 William Saunders lhl5 109 1 John Hidson 1824 95 1 June Tax 10 400 November 9 — — LOT XVIIL' -No. 16. A. R.P. Middlemoor, in Ramsey. D. Henry Smith 1810 47 1 19 John Denton and Wil- liam Denton 1813 151 28 William Ground s. d. June Tax 1 1813 101 1 33 300 November 9 LOT XlX.—No. 14. Middlemoor, in Ramsey. E. Peter Descow 1765 5 William Flowers 1801 11 Thomas Ridlington 1806 32 Richard Pooley 1802 95 2 William Ground 1813 102 Richard Magley Jacksonl819 26 Edward Robinson 1813 10 1 John Trigg 1813 6 Joseph Cunnington 1808 20 Henry Smith 1810 G7 1 June Tax 1 4 November 1 375 LOT XIV.— No. 17. Ramsey Common, by Dclph Dike. William Newton 1821 108 June Tax 1 4 November 1 108 LOT VII.— No. 18. Sir Oliver Cromwell's Severals, in Ramsey, A. Part I. Abbot's Pingle. Thomas Gascoigne John Butler 1777 1806 June Tax November Part II. Ashbeach. Thomas Ridlington 1805 June Tax November 1 4 1 40 40 80 28 28 LOT XI II.— No. 17. Sir Oliver Cromwell's Severals, in Ramsey. B. Part I. Ashbeach. Thomas Ridlington 1805 48 June Tax November 1 4 1 48 Part 11. Wigia Moor, Ramsey. John Andrews 1813 21 June T.'ix Noveuibcr 3b 21 738 LOT HI.— No. 7. Ramsey Severals. A. Part I. The Upper Steds William Henry Fel- lowes lfc04 s. d. June Tax 1 8 November 1 3 Part II. Tlie Nether Steds William Henry Fel- lowes 1804 APPENDIX. A. R. P. 5 2 20 June Tax November 5 2 20 s. 18 1 18 1 Part VI. Bear's Arses. Part III. Formerly Beale^. William Henry Fel- lowes 1814 3 1 10 June Tax 18 3 1 10 November 1 3 Part IV. Daintree and Bagdole, formerly Cromwell's. William Henry Fel- lowes 1814 33 1 10 June Tax November 1 8 1 3 33 1 10 Part V. Bagdole, formerly Howson's. William Henry Fel- lowes 1814 12 2 William Henry Fel- lowes 1804 s. d. June Tax 1 8 Nov^pN)er 1 3 Fart VII. Vicar's Closes Edward Macer 1826 June Tax 1 8 November 1 3 Part VIII. Stockin Fen. John Ibbersou 1797 A. R. P. 3 3 30 3 3 30 6 10 6 10 1 2 1 2 June Tax 1 8 November 1 3 Part IX. Formerly Nettleton and others. William Henry Fel- lowes 1820 4 June Tax November 4 June Tax November 12 LOT IV.— No. 5. Ramsey Severals. B. Part I. Near Ugg Mere. William Henry Fel- lowes 1804 6 June Tax 1 8 6 November 13 — Part II. Beaupre Closes. Isaac Haiichor 17f)0 8 1 Part X. Formerly Bateman's. William Henry Pel- ' lowes 1820 2 28 June Tax 18 2 28 November 1 3 Part XI. Formerly Lavender's. William Henry Fel- lowes 1804 1 1 4 June Tax 18 114 November 1 3 Part XII. Formerly Leeder's. William Heniy Fel 8 1 June Tax 1 8 November 1 3 Part III. Great Hilks. Thomas Burgess 1815 28 1 lowes June Tax November Part XIII. James Paris June Tax November 1804 1 2 4 1 2 4 1 8 Formerly Williamson's. 1736 2 2 28 2 2 28 June Tax 1 8 November 1 3 Part IV. Little Hilks William Henrv Fel 28 1 lowes June Tax I November 1 Part V, Thomas Burgess June Tax November 1804 Pollins. 1815 8 3 2 2 2 2 2 2 2 2 Part XIV. Formerly Holmes's and How- son's. Husrli Waudby, and William Hopkinson 1820 3 Thomas Darlow 1820 2 2 16 June Tax November 3 1 16 LOT v.— No. 6. Ramsey Severals. C. Part I. Formerly Barnes, Knight's, and others. Hugh Waudby, and William Hopkinson 1820 1 Thomas Darlow 1820 6 June Tax November 2 4 1 9 7 Part II. Formerly Howson's. A. R. P. William Flowers 1797 10 June Tax 2 4 10 November I 9 — —— LOT BOOK. — HUNTfNGDONSHIRE. 739 LOT XII.— No. 5. A Several in Woodwalton. George Pryiiie 1824 LOT II.— No. 15. Upwood Fen, next towards Ramsey. Ouen Fann, Tax re- leased 1731 46 2 Abraham Staffurth 1790 20 3 30 Sir Charles Morgan, bart. 180© 217 3 20 Hugh Waudby, and William Hopkinsou 1820 9.5 20 John Marjretts 1821 50 "0 13 Charles iVIargetts 1821 20 1 37 June Tax November 8 6 451 LOT XIII.— No. 16. Upwood Fen, adjoining Whittlesey Way.. William Bedford, Tax released 1826 10 Mary, wife of Henry Nixon 1802 79 20 Sir C. Morgan, bart. 1805 2 3 20 John Margctts 1819 93 2 William Henry Fel- lo es 1809 83 3 Robert Moyse 1812 21 3 20 John Stratton 1817 8 2 20 Benjamin .\brahara 1817 3 1 20 Charles Margetts 1824 101 3 20 yJ. R. P. 36 s. d. June Tax 2 Novemlier 1 6 LOT I.— No. 13. A Several in Woodwaltoii. George Pryme 1824 June Tax November 1 4 1 Number 27. 36 15 15 Part of tbe 3000 Acres Overplus. Highney Grounds. John Sisman Ditto, Tax released 1803 98 2 June Tax November 1 9 100 Number 18. Part of the King's 12,000 Acres. Sav/trey Common, I99a. 2r. Op. and a Several 19 Acres. June Tax November 8 6 405 LOT XL— No. 18. Ravely Fen. William Brighty 1794 207 1 30 Ditto, Tax released to George Pryme June Tax November 1820 218 2 1 1 9^ 218 2 LOT XII.— No. G. himself June Tax 1 November 9 21 2 10 229 Number 1(1. Part of the 3000 Acres Overplus. Wood Walton Common Edmund Barley 1825 100 JohuThurlow'Dering 1805 100 Christopher Pemberton 1805 62 2 7 Lord Vi.scount Milton 1808 228 2 37 The Right Honourable Charles Yorkc 1808 228 2 3r, James Barker, clerk 1809 108 1 36 Jienry James Nicholls 1824 108 2 4 June Tax 8 November 6 937 Sawtrey Fen. George Pryme June Tax 4 November 3 1820 6 2 6 2 LOT III.— No. 19. Coniugton Severals. A, John Hcthcote 1802 200 .Fune Ti!X Novemi)er 1 4 1 200 LOT v.— No. 20. Conington Severals. B. John Hethcote June Tax November 3 e2 il 81 740 APPENDIX. Number 28, Part of the 3000 Acres overplus. Part of Holme Fen. J. R. P. William Plowright 1788 13 Ditto, Tax released to himself 6 William Wells 1820 250 34 Ditto, Tax released 78 2 33 William Margetts 1825 505 1 9 Ditto, Tax released 96 2 31 George Avery, Tax released 5 Saunders and Nightin- gale Tax released 8 13 s. d. • June Tax 2 963 November 1 6 LOT XVI.— No. 5. Holm Feu, near Ashbeach. John Stokes 1809 20 1 7 Ditto, Tax released 28 2 33 June Tax November 2 1 6 49 Denton Common William Wells LOT IX. No, 18. 1810 156 June Tax November 1 4 1 156 LOT IV.— No. 10, Caldccott Sevorals. Part I. Moss Fen. William Wells 1816 18 June Tax November Part II. William Wells Turf Lots. 1816 18 4 3 June Tax November 8 6 3 Part HI. Mowing Lots. William Wells 1816 8 3 June Tax November 8 6 8 3 Part IV. Formerly Lord Montacute's. William Wells 1816 14 1 June Tax November 8 C 14 1 Part V. Formerly Hall's. William Wells 1816 3 3 June Tax November 8 6 3 3 Part VI. Formerly Sir Thomas Cotton's and others. ^. R. P. 2 1816 1814 William Wells William Kelly, and Charlotte, his wife s. (t. June Tax 8 November 6 — Part VII. Near the Hard Lands. William Kelly, and Charlotte, his wife 1811 2 2 2 June Tax November 8 6 2 2 LOT XIII.— No. 13. Stilton Common. John Mason 1756 30 Francis Seaton 1804 21 James Lyon 1803 9 William Whitwell, clerk 1798 30 Samuel Wells 1820 30 Ditto, Tax released 30 Michael Goodwin ISll 10 June Tax November 160 Number 17, Fart of the King's 12,000 Acres. Yaxley Common and Severals. Part I. Yaxley Common. Lord and Lady Saye and Sele, and the Honorable W. T. Twisleton Fiennes 1827 409 3 26 William Roberts 1812 222 14 June Tax November 1 1 9| 632 Part II. Western Meadow. Lord and Lady Saye and Scle, and the Honourable W. T. Twisletou Fiennes 1827 8 2 June Tax November 1 1 1 n 8 2 Part HI. Formerly Gentil and Isop's. Lord and Lady Saye and Sele, and the Honourable W. T. Twisleton Fiennes 1827 1 10 June Tax November 1 10 Part IV. Formerly Picrson's. Lord and Lady Saye and Sele, and the Honourable W. T. Twisleton Fiennes 1827 2 20 June Tax 1 November 1 H 2 20 LOT BOOIC- Part V. Formerly Watt's. -HUNTINGDONSHIRE Part IX. '4i Lord and Lady Saye and Sele, and the Honourable W. T. Twisleton Fiennes *. d. June Tax 1 1 November 9i 182/ ^. R. P. 1810 1 10 Part VL Formerly Proby's and otliers. George Castor Lord and Lady Saye and Sele, and the Honourable W. T. Twisleton Fiennes 1827 June Tax November 2 25 3 35 Part VIL Formerly Proby's. Lord and Lady Saye and Sele, and the Honourable W. T. Twisleton Fiennes 1827 8 2 June Tax November 1 2 Part VIIL Between Trundle Mecr, and Whittlesey Meer. Lord and Lady Saye and Sele, and the Honourable W. T. Twisleton Fiennes 1827 June Tax 1 1 November 9^ 5 10 5 10 185 Near Whittlesey Meer, formerly Brown's. ^. R P. Lord and Lady Save and Sele, and the Honourable W. T. Twisleton Fiennes S. (I. June Tax 1 1 November 9^ ■ Part X. At the end of Conquest Lode Lord and Lady Saye and Sele, and the Honourable W. T. Twisleton Fiennes 1 1 1 1 1827 June Tax November 1 3 3 91 Number IG. Part of the King's 12,000 Acres. Farcett. Part I, Farcett Common. The Honourable W. T. Twisleton Fiennes 1827 940 June Tax II 940 November 9| Part IL Farcett Severals. The Honourable W. T. Twistleton Fieunes 1827 162 June Tax 11 162 Number 15. Part of the King's 12,000 Acres. Standground. The Honourable W. T. Twistleton Fiennes 1827 127 June Tax 1 1 November 9| M9 L r^^ ] INDEX TO THE LOTS AND NUMBERS. LOT I. No. 1 2 i 4 5 6 7 8 9 10 II 13 14 15 16 17 18 19 20 21 22 23 24 jmge 7 06 . . 704 . . 71H . . 713 . . 714 . . 693 . . 693 . . 700 . . 708 . . ib. . . ib. . . 739 . . 716 . . 724 . • 725 . . ib. . . 735 . . 727 . . ib. . . 730 . . 733 . . 712 . . 711 LOT II f. Continued. LOT VI. No. 1 page 70 1 LOT Vlll. continued. LOT n. No. 1 2 3 4 5 6 y 10 11 12 13 14 15 16 17 age 706 720 714 ib. 694 698 700 729 704 723 725 if). 735 727 7.^9 713 710 LOT III. No. 1 poge70\ 2 . . 705 3 4 5 6 7 8 9 10 11 12 13 706 719 714 711 738 694 698 697 ib. ib. 729 14 15 16 17 \H 19 20 21 22 716 723 725 ib. 730 739 734 713 711 LOT IV. No. 1 page 706 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 702 724 712 738 694 698 700 708 717 723 726 730 735 695 740 708 727 712 711 LOT V. No. 1 2 3 4 5 6 7 8 9 10 11 12 14 15 16 17 18 19 20 21 22 23 page 706 . . 707 . . 720 . . 712 . . 737 . . 738 . . 717 • . 723 . . 694 . . 698 . . 700 . . 696 . . 717 . . 694 . . 726 . . ib. . . 735 . . 737 . . 739 . . 734 . . 713 . . 711 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 ■06 706 703 702 718 712 717 694 6W 700 730 694 723 724 ib. 730 731 732 712 711 LOT VII. No, I page 701 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 707 705 712 718 694 698 695 699 708 694 723 725 724 731 730 737 737 713 711 LOT Vlll. No. 1 ; age 704 2 . 706 3 . 721 4 . . 716 5 . 717 6 . 713 7 . 693 8 . 698 9 . 699 10 . 695 11 . 696 12 . . 704 13 . 694 14 . . 723 15 - . 726 16 . . 737 17 . . 696 18 . . 732 19 . . 728 20 . . 732 21 . . 713 22 ■ . 710 LOT IX. No. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 page 693 . . 723 . . 717 . . 708 . . 712 . . 716 . . 715 . . 693 . . 699 . . 698 . . ib. . . 6!J6 . . 730 . . 093 . . 703 . . 726 . . 736 . . 740 . . 731 . . ib. . . ib. . . 713 . . 711 LOT X, No. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 page 693 . . ib. . . ib. . . 702 . . 703 . . 706 . . 704 . . 703 . . ib. . . 735 . . 693 . . 698 . . 699 . . 696 . . 709 . . 696 . . 705 . . 694 . . 722 . . 786 . . 725 LOT X. Continued. 'No.22 page 731 23 24 25 26 27 28 29 30 31 -32 731 732 131 ib. 732 728 713 711 LOT XI. No. 1 page 730 9 10 U 12 14 15 16 17 18 19 'JO 21 22 718 ib. 719 716 717 715 695 698 708 709 (194 716 722 726 736 739 732 ib. 695 712 710 LOT XII. No. 1 page 7 Oh 2 . . 721 9 10 11 12 13 14 15 16 17 IS 19 719 704 739 ib. 72^ 693 698 700 730 708 729 726 725 735 732 712 711 INDEX TO THE LOTS AND NUMBERS. 734 LOT XIII. LOT XIV. LOT XVI. LOT XVII. LOT XIX. No. 1 page 730 2 . . 702 3 . . 714 Continued. :So.\2 page 705 13 . . 726 No. 1 p 2 3 age 705 . 716 . 719 Continued, l>io.l6 page 7 2fy 17 . . 7.36 No. 1 page 705 2 . . 705 3 . . 718 5 . . 700 4 . . 703 14 . ib. 5 . 740 18 . 727 5 . . 702 15 . ib. 6 . 693 19 . ib. 6 . . ib. 6 . . 697 16 . . 736 7 . 699 20 . ib. 7 . . 708 8 . . ib. 10 . . 714 11 . . 723 12 . . 721 13 . . 736 14 . . 737 15 . . 696 16 . . 713 7 . 8 . 9 . . 698 . 697 . 699 17 18 19 . 7?J . 655 . 713 8 . 9 11 . 700 . 695 . 716 21 . 22 . 23 . ib. 734 713 10 . 11 . 12 . 13 . 14 . . 703 . ib. . 694 . 740 . 726 20 . . 710 LOT XV. No. 1 page 704 12 13 14 15 16 17 18 . 722 . 725 . 726 . . 736 . 728 . . 713 24 . . 710 LOT XVIII. 15 . . 736 2 . 705 No. 1 page 730 17 . . 711 16 . 17 . . 739 . 737 3 5 . 719 . 703 ' .' 711 2 . 3 . 702 707 LOT XX. 18 . . 734 6 . . 702 4 . 719 No. 2 page 7 12 19 . . 728 7 . . 699 LOT XVII. 6 . 702 3 . . 711 20 . . 713 8 . ib. 7 . ib. Number 21 . . 710 9 . . 707 No. 1 p nge 705 8 . . 696 15 pr/ge 741 lo . . ib. 2 . . 716 9 . . 699 16 . . ib. LOT XIV. 11 . . 708 3 . . 707 10 . . 696 17 . 740 12 . . 799 4 . . 706 12 . . 714 18 . 739 No. 1 page 701 13 . . 694 5 . . 735 13 . . 723 19 . 729 2 . . 706 15 . . 730 7 . . 702 14 . . 725 20 . ib. 3 . . 703 16 . . 704 8 . . 695 15 . . 736 21 . ib. 4 . ih. 17 . . 722 9 . . 696 16 . . 737 22 . . ib. 5 . . 702 18 . . 726 10 . . 730 17 . . 725 23 . ib. 6 . . 717 19 . . 736 11 . . 696 18 . . 732 25 . . ib. 7 . 735 20 . . 695 12 . . 730 19 . . ib. 26 . . 739 8 . . 693 21 . . 731 13 . . 704 20 . . 728 27 . . ib. 9 . . 699 22 . . 713 14 . . 725 21 . , 713 28 . . 740 10 . . 700 23 . . 711 15 . . 724 22 . . 710 29 . . 715 [ 744 ] INDEX TO THE NAMES. A . TAG E Abdot, J. 728 Abbott, J. and E. his wife ■ 710 Abrahiim, B. 739 Adam, E. R. 712 Adams, E. 728 Adams, S. wife of T. 703 Allix, J. P. 704 Andrews, J. T.M Andrews, T. 724 Augerotein, J.J. 697 Archer, T. 698, 731 Armstroii!>-, W. {i94 Ashman, B. 704 Ash worth, VV. and M. Wakclin 72fi Aspland,J. 703 Asplin,W.AVill. 705, 70(J, 712 Atterbury,W.and Deny, W.J. 723 Aveling, T. 726 Aveling,R 725,730 Averv, G. 740 Audis, J. 701 B. Bacon, W. 730,732 Baker, J. 695, 69G, G97 Balduck, J. 736 Bailev, A. 737 Barker, J. 739 Barley, E. 72G, 739 Barlow, K. 728 Barlow, S. wife ofR. 707 Barnes, W. 7 11 715 Bartle, T. and J. Smith 701 Bassett, W. 722 Bates, John 727, 729 Bayley, Sir J. 699, 700 Bays, Joseph 722 Bays, T. ib. Bays, J. and E. Hodgson ih. Bays, J. and J- Fountain ib. Beard, W. 737 Beard, J. 736 Bcart, M. 730, 732, 734 Beart, R. 712,733 Beart, W. ih. Bedford, J. 736 Bedford,W.707,739 PAGR Bedingbain, E. 721. Beeton,AV.693,730, 731 Bojrlev, W. 708 Be'hag, J'. I'il Behoo, T. 736 Bell, W. 717 Bellamy, E. 737 Bellamy, N. ib. Bentham, J. 707 Bernard, Sir J. 736 Berry, W. 706 Berry, R.T. 713 Beviil, Robt. 715, 727, 728 Bidden, James 706 Bidden, John 720 Bidwell, C. S. 70 i Bigland, E. 727 Billups, C. 724 Bird, B. 731 Bleak, F. 736 Blench, W. 728 Bletsoe,J. 736 Bloss, A. wife ofF. 704 Bluff, J. 720 Bodger, A. 712 Bonfield, R. 723 Bonfield, T. 726 Bonfield, W. 725 Booth, W. 729 Boyce, E. 722, 726 Boyce, J. ih. 13radfield,J.S.B. 694 Bradley, G. 729 Bradwell, F. 704 Brassett,T.709,710 Brighty, W. 739 Bringhurst J. and S. his wife 711 Brook, T. 701 Brooks, W. 723 Broughton, J. 736 Brown, Joseph 723 Brown, Jona- than 7 1 1 Brown, S. and E. the wife of T.Owen 712 Brown, W. 712 Brown, J. junr. 719 Brown, H. 719 Brown, P., and M. his wife. 722, 723 Brown, Joshua 725 Browne, A. 707 Bull, W. and J. Greayes 705 PAGE Bull, Seth. 708 Bull, Samuel 704 Bull man, J. 722 Burgess, J. 700 Burgess, James 722 Burgess, T. 738, 724,727 Burling, R. 705 liutler, J. 737 C. Cad MAN, R. and W. Jolly 701 Camps, J. 706, 707 Camps, R. 717 Camps, R. T. ib. Camps, W. ib. Camps, T. 720 Carpenter, J. 698 Casburn, J. 708 Castor 741 Catling, J, 737 Cave, J. 722 Cawthorne, J. 720 Cawthorne, P. ib. Cawthorne, F, ib. Chafy, Dr. 723 Chafy, J. and Henniker J. M. 723, 725, 735 Chambers, J. 712 Chambers, G. Swaff. 703 Chambers, G. Bur. 704 Chambers, H. 714, 715 Chambers, E. 714 Chambers, R. 714 Chambers, H. and J. 712 Chambers, S. and M. his wife 703 Chapman, A. 730 Chapman, J. 703 Charles, K. 707 Charter, W. 719 Chatteris, C. P. B. 702 Cliilders, S. and J. W. 729 Childers. J. W. 729 Clarke, D. 707 Clark, J. 701,702 Clark, C. 709, 710 Clark, W. 729 Clark, R. 723 Clarkv H. and others 701 PAGE Clay, W. 705 Clay, R. 712, 714, 715,716 Clay, R. and Lawrence, J. 716 Clemenson, J. 714 Clipson, J.713, 716, 726 Cockett, T. 725 Cole, W. 711 Cole, T. Wim. 725 Cole, T. Wim. the sou 725 Cole,T. Dod 72« Collen, John 701 Collen, James ih. Collen, James, and J. Todd 705 Collen, J. and J. 701 Collen, John and others ib. Collier, Ann G. 705 Collett, H. and others 736 Cook, L. 704 Cooper, A. 693 Coot, T. 737 Corbett, T. and J. Furbank 705 Cornwell, H. 704 Corthorae, C. 728 Cowherd, D. 725, 728 Covyherd, D. and others 729 Cox, J. 735 Cox, W. and J. 712 Crabb, W. 709 Creasy, John 694 Crisp, W.jun. 702 Crisp, J. and M. wife of VV. Palmsby 704 Cromwell, E. 703 Cropley, G. 714 Cross, Jeremiah 705 Ci'oss, John 713 Cross, H. 704 Cross, C. 714 Cross, M. wife of W. 709 Curtis, W. 713, 722 Custancc, W. 714, 715 Cutlack, W. 709, 712 Cutlack, J. 712 CuuningtOD, J. 737 LOT BOOK.'— INDEX TO THE NAMES. 745 D. PAGE Danby, S. 704 Dandy, D. 703 Darlow, T. 738 Dayrell, Sir T. and Willis, Sir T. 700 Denny, W. S., and Atter- bury, W. 723 Denton, J. &W. 737 Denton, W. ib. Denstou, W. 712, 713,733 Dering, J. T. 693, 739 Descow, P. 737 Dobede, J, 702 Doby, J, 720 Dodson,J. 706, 707 Dodson, J. and E. his wife 705 Doggct, H. ib. Doncaster, J., and Richard- son,'!. 727 Dove, T. 709 Doughty, J. 733 Drake and Osier 696 Dring, J. 736 Duberlv, S. J. 694 Dunn, J. C. 736 E. Eagle F, K. 697 Eagle, W. 710 Earith Trustees 735 Edes, J. 729 Edwards, S. 721 Edward, E. 735 Ellis, J. 704 Ellis, R. 705 Elmer, W. 730 Elwes, W. 727 Ely, Lord Bishop of 703, 704 Emerson, J, and J. Pigott 705 Erans, H. R. 706 Evans, J. 716 Eweu, T. 725 Failes, J. 713, 716 Failcs, M. 712 Fairdiire,S.,wife of W. 703 Fann, O. 739 Farmer, S. 700 Foary, S. 718,719 Fcary, S. jiin. if/. Fellowcs.W. H.7i3, 736,737,738,739 PAGE Few, W. and J. Taylor 705 Fiennes,W.T.T.740, 741 Finch, C, 736 Finchara, P. 701 Fincham,!. ib. Fibber, G. 726 Fisher, T. E. 736 Flanders, S. 700 Flatt, J. 693 Fletcher, W. 701 Fletcher, R. 708 Flowers,\V. 737,739 Fortrcy, J. 694 Foss, R. and Thompson, J. andM. 714,715 Foster, E. 713 Foster. R. 704 Foster, R. sen. and jun. 703 Fountain, John 724 Fountain, James 726 Fountain, James, and J. Bays 722 Freeman, H. 729 Freeman, W. 716 Fryer, J. 716,723 Fryer, J. and S. his wife 736 Fryer, M. & D. 693 Frycr,J.D.&T.722 Fryer, D. and T. 736 Fuller, T. 701 Furbank, J. and T. Corbitt 705 Fyson, C. 704 G. Gadsby, J. 736 Gall, S. 737 Galloway, W. 695 Gamble, J. 693 Gardner, W.D.702, 722 Gardner, Jane 723, 724 Gardner, A. 733,734 Garford, T. 725 Garratt 698 Gascoigne, H. 712, 713 Gascoigne, T. 737 German, J. 729 Gibbons, A. ib, Gifford.W. 736 Gill, R. 710 Gill.W. L. ib. Golden, S. 737 Golden, \V. 7'd7 (iolden, T. . ib. (;ol. Ibberson, J. 736, 738 Jellings, W. 718,722 Jeiikltison,T. 727,730 Jcnyus,G.L. 695,703, 730 Jenyns, C. 700- 746 PAOE Ilett, D. 723 Ilett, W. 735 Uett, E. 723 Ilett, John 73.'* Ilett, Jonathan ib. Ilett, E. and D. 725 lud, T. and M. his wife 707 Infield, G. 737 Ingle, W. 724 Johnson, J. Mar. 725 Johnson, H. 7'lG Jolly, \V. and R. Cadman 701 Jones, W. 693, G94, 695 Jones, James 726, 736 Jones, Joseph 729 Ivatt, T. 705 Ivatt, W. ib. Jugg, W. 708 Julin, H. 733 K. Keeke,T.& A.703 Kelly, W. and C. his wife 740 Kendidl, W. 722 Kett, T. 694 Killingworth, Margaret 605 Kimpton, W. & J. Papworth 705 Kirkhy, J. 726 Kitchenerth and Stevens, E. 722 Knight, F. 707, 719, 720 Knight, T. 720 L. Lack, O. 706 Lamb, G. 726 Lamb, T. 722, 723 Lamb, J. 723 Lambert, J. 707 Lancaster, S. and S. Grimmer 695 Land not ascer- tained, 716, 718, 720, 733, 735, 736 Langlcy, W. 693 Langman, M. 706 Landman, W. 724, 725 Law, R. al. R. Pryor 693 Lawrence, H. 714 Lawrence, J. and Clay, R. 716 Loathes, J. 695 APPBNDIX. PAGE Lee, W. 712,731, 732, 733 Lee, J. 716 Lee, W. and others 734 Leeds, C. 735 Leeds, J. E. 707,718 Lefever, G. M. 713 Leland, B. 707 Lemon, T. 722 Lepla, A. 716 Lowin, T. 726 Lewin, R. H. 727 Lewin,T. &R. 724 Lighlfoot, L. 729 Linney, W. 726 Little, J. 700 Long, J. 714,717 Longland, T. 735 Long land, J. 736 Loomes,E. 724,725 Lovel, C. J. 726 Low, J. 724 Low, T. 695 Lyon, W. 722, 723, 735 Lyon, J. 740 Lyon, J. W. and Hacket, J. P. 703, 704 M. Macer, E. 738 Macer,J. 714,715, 717,718 Macer, J. & J. 715 Macormack, R. 714, 717 Maltman, R. 729 Manning, S. and others 703 Manning, H. 698 Manning, J. 703 March (Charity School Trus- tees 729 Marchant, J. 722 Margetts, W. 740, 735 Margetts, J. 724, 739, 736 Margetts, C. 739 Markham,T. 703 Marshall, F. and J. 734 Marshall,"A. 700 Martin, R. 693, 694, 695 Martin, T. 716 Martin, J. 715 Martin, W. 711 Martin, E. 718 Martin, E. and A. his wile 718 PAGE Maser, T. 70a Mash, J. 732 Mason, John 740 Mason, W. 723,724 Mason, W. and E. his wife 723 Matthews, A. 720, 721 Matthews, S. 725 Matthews T. and E. & Pope, A. 725 Meadows, J. and S. his wife 726 Mears, J. 699 Mears, W. and Teague, T. 696, 700 Medbury,J. 714 Mendham, W. 711 Merest,J.W.D. 702 Milton, Lord 739 Monkhouse, J. 697 698, 699 Moor, W, & B. 705 Moor, J. and J. Smith ib. Moor, B. and J. Wayman ib. Morden, E. 707 Morgan, Sir C. 700, 704, 739 Morris, J. 721 Morse, J. 695 Morton, J. 724 Mott, W. 704 Moulson, J. 715 Moyse, R. 739 Mugleston, J. 704 Musgravc, T. 703, 705 Mustill, AV. 704 N. Neale, T, 716 Newdick, J. 699 Mewman Jno. (Waterbeach) 703 Newman, J. 720 Newman, John 705 Newton,W.jun. 737 Newton, S. ib. NicholIs.H.J. 712, 739, 729 Nickless, W. 7'i7 Nightimrale, H. 736 Nix, Will. 715 Nix,T. 715,716 Nixon, M. wife of H. 739 Norburn T. 712 Norman, J. 701 Norman, R. 707 Norman, R. and J. Haird 705 Nottage, J. ib. O. PAGE Oakley, Sir C. 694 Gates, W. 721 Orton, R. 730 Orton, T. ib. Orton, R.&T. ib. Orton, W. 733,734 Orton, T. & W. 725 Osborn, R. 705,706 Osborn, W. 705 Osborn, M. ib. Osier, T. and S. his wife 703 Osier, John 695 Osier, — and — Drake 696 Over Inhabitants 706 Owen, J. 717,718 Owen, E. wife of T. and Brown, S. 712 P. Page, J. 693, 700, 702, 711 Page, T. 700 Paine, T, & W. 722 Pallett, W. and A. his wife 725 Pallett, W. and E. wife of W. Waudby, 709,710 Palmer, W. 717 Palmer, W. 737 Palmsby, M. wife of W. and Crisp, J. 704 Papworth, E. 706, 717 Papworth, J. and W. Kimpton 705 Paris, J. 738 Parr, M. and others 703 Parr, M. and M. his wife ib. Parr, J. 701 Parsley, O. 693 Pate, W. and J. Read 706 Peacock, J. 709 Peacock, R. 7?>G Peacock, A. 714 Pearson, R. 737 Pcckover, W. 725, 727 Peechey, E. and others 703 Pell, Mr.Serjt. 707 Pemberton, C. 696, 739 Pettit, T. aud H. his wife 714 LOT BOOK. — INDEX TO THE NAMES. 747 PAGK Peyton, Sir T. 72d Phipps, John 722 Pierson, R. R. (595 Pigott, J. and J. Emerson 705 Pike, T. 707 Piper, S. 703, 704 Pitchford, W, 717, 718 Plowright, W. 740 Pond, J. 703 Pooley, R. 737 Pope, J. and J. 736 Pope, J. ib. Pope, A. and Mattliews, T. and E. 725 Porter, T. 696 Porter, W. 695 Poulter, A. 717,718 Pratt, E.R. 694, 696 Pratt, W. 703 Prior, Robt. al. Law 693 Pryme, G. 73fl, 739 Putlrell, J. 737 Q. Quince, W. 728 R. Ramsden, R. 707 Randall, W. 704 Randall, R. 704 Raphael, J. 698 Rayment, R. 704 Rayner, T. jun. 708 Rayner, L. 711 Rayner, R. 712,735 Read, H. 698 Read,T. Litt. 699 Read, T. Soh. 702 Read,W.S. 707,715 Read, J. 706 Read, J no. 723 Read,. J. and W. Pate 706 Register, W. 695 Remington, J. 736 Reynolds, D. 705 Reynolds, T. 704 Rhodes, S. 695 Richardson, T. March 728 Richardson, T. 723, 724 Richardson, T. jun. 723 Richardson,W. Whiit. 729 Richardson, W. Chatt. 722, 723 Richardson, V. 760 PAGE Richardson, F. 717 Richardson, F. jun. 723 Richardson, Jos. 736 Richardson, J. jun. 724 Richardson, John andF. 715,716 Richardson, T. and Doncas- ter, J. 727 Ridlington,T. 737 Robinson, J. 697, 699,700 Robinson, J. 719 Robinson, E. 737 Robinson, Jas. 722 Robinson, Jas. jun. 722 Robinson, T. 698 Rogers. T. 719 Rolfe, E. and M. his wife 698,699 Roo, R. 713 Rose, E. 718 Ross, J. 716,722 Rowell, J. Ram 736 Rowley, O. 694, 695 Royle, J. 693 Ruston, R. 722,723 Ruston, Robert 722 Ruston, E. 722, 723 Ruston, E. and others 723 S, Sabberton, J. S. 723 Saintv,J.andJ. 705 Salmon, H. 708 Saunders, — ■ and — Nightingale 740 Sanderson, S. 705 Savage, D. 708 Saunders, W. 737 Saunders, J. 730 Saunders, J. and R. his wife 730 S.aunders, F. W. and others 702 Saye and Sele, Lord & Lady 740,741 Sayle, John 695 Sayle, R. ib. Scott, J. 733 Scott, M. ib. Seaber, John 698, 699, 702 Scabcr, John, jun. 699, 700 Seaber, T. Isleh. 701 Scaler, T. Mil. 702 PAGE Seaber, T. jun. 699 Seaber, T. jun. and J. 702 Seaber, Jas. 699, 700,701 Seaber, R. jun. 701 Searle, W. 695, 698, 729 Searle, J. and Wakelin,M. 726 Sears, J. 724 Seaton, F. 740 Sergeant, W. 7.32 Seward, VV. 714,716 Sewcll, T. and Grant, T. 736 Sharp, T. 704 Sharp, F. 707 Shearing, J. 701,702 Shepperson, J. 727 Sherwood, M. & others, & W. Skriuip- shire 736 Shillitoe, J. 699 Shillitoe, S. eSB, Shillitoe, J. jun. ib. Shrewsbury, W. 709 Simpson, J. and R. his wife 708 Simson, A. 721 Sinddl,T. 701 Sismau, J. 739 Skeels, T. Ear. 731, 732 Skeels, H. 716, 723, 726 Skeels, J. 756 Skeels, J. jun. tb. Skrimpsliire, W. and others 736 Smith, Sam. 693,696 Smith, John 726 Smith, E. 723 Smith, T. 713, 722, 724 Smith, H. 737 Smith, Roljcrt 757 Smith, Sim. 726 Smith, S. (J. 693 Smith, Jas. and S. his wife 722 Smith, J. B. 722 Smith, W. Mil. 698 Smith, AV. Chatt. Taylor 722 Smith, \V. Chatt Victualler 722 Smitli, John, and others 702 Smith, John, and T. H.irtie 706 Smith, Joiiii, and J. Moor 705 Smyth, J. 713 .3 r 2 PAGE Sneath, T. 732 Southwell, E. ib. Spackman, J. and R. 705 Spooner, N. 696 Spooner,T. 699,712 Staffurth, A. 739, 729 Staffurth, A, and S. his wife 737 StaflFurth, S. ib. Staffurth, S. P. and W. 72S> Stanton, A. 704 Starling, J. 701 Stevens, E. and Kitchener,M. 722 Stimson, B. 694,708 Stocks, John 722 Stokes, J. 740 Stratton, J. 739 Stratton, E. 722 Stubbs, F. 694, 695 Sudbury's Cha- rity Trustees 729 Sutton, J. 723 Sutton, W. 706 Swaifham Prior, Vicar of, 703, 704 Swann, T. 728 Symons,W. 729 Symonds, J. 734 T. Taboh, W. 722 Ta-g, A. 726 Talbot, W. and M. his wife 701 Taylor, J. Lak. 697 Jaylor, J. Litt. 710 Taylor, E. 706 Taylor, J. and VV. Few 705 Teaguc, T. and Mears,\V.696,700 Tiiickens, 15. 724 Thimbleby, E. 722 Thomson, G. 719, 720, 723 Thompson, W. Upwell 730 Thompson, J. 704 Thompson, J. and M.liis wife, and Foss, R. 714, 715 Thorpe, W. 726 Tingay, VV. 711 Tingay, F. 708 Tingay, II. 694 Todd, J. and J. Collcn 705 Tokelovc, R. 695 'I'omliii.son, J. 7.30, 732 748 PAGE Townley^J. 712 Towuley,R. 0.693, 731, 732 Townshend, Lord J.J. Smith, and F.W.Sauaders702 Trigg, J. 737 Triplow, W. 722 Trudgett, J. 698 Trudgett, N. 697 Tubba, R. 720 Turner, J. 701 U & V. Valentine, W. 722 Vanbeythiu'son, R. 694 Vipan, Joseph 694, 706,711, 716, 719, 721,722, 735 Vipan, John 711, 712.716, 719, 721 Vipan, Ann 695, 696.717, 719, 720, 721 Vipan, R. 713 Vipan, B. 717, 730 tlpshire, John 719, 720, 721 Upshire, Joseph 719, 721 Upshire, J. and M, his wife 710, 711 \V. Wabe, R. 695 Waddelow, T. 700 APPENDIX. PAGE Waddclow, H. 708 Waddington, H. S. 695, 707, 708, 710,712 WaddingtGn,G.706, 717,723 Waddington, A. ib. Waddintjton, G. 710 Wade, H. 725 Wakelin, M. and M. Gray 726 Wakelin, M. and W. Ashworth ib. Wakelin, M. and Searle, J. ib. Ward, J. 725,728 Warner,W.jun. 698 Warth, J. 716, 723, 724 Warth, A. 725 Warth, T. 722, 723 Warth, W. ib. Watson, E. 735 Watson, R. 699,701 Watson, R. jun. 702 Watson, W. 705, 726 Watts, A. wife of Joseph ib. Waudby, W. 714, 730 Waudby, H. and Hopkinson,W. 738, 739 Waudby, E. wife ofW.andPal- lett, W. 709, 710 Waxham,W. 711 Waxham, T. ib. Waxham, J. ib. Wavraan, M. 714 PAGE Waynian, J. and B. Moor 705 Webb, T. ib- Webb, W. 709 Webber, J. and others 701 Webber, J. ih. Weldon, J. 714 Wells, S.Hunt. 694, 722, 737, 740 Wells, D. 703 Wells, W. ib. Wells, V/. 740 Wells, B. 701 Wells, G. and others ib. Wentworth,J. 705 West, R. and others 706 Whiteman, k. C95 White, Charles 727 White, T. 731 Whiting, R. 729 Whining, W. 713, 716 Whitred, T. 702 Whittlesey Cha- rity Trustees 729 Whitwell, W. 740 WUd, H. & W. 794, 700, 702 Wiles, W. 705 Wiles, T. L. 730, 732 Wilkin, W. 703,704 Wilkin, T. and C. WiUett 696 Wilkinson, R. 704 WiUett, T. 695 Willis, SirT. and Dayrell,SirT.700 ?AGE Wilson, W. 705 Wilson, R.jun. 708 Wilson, R. 727 Wing, G. 699 Wing, T. 737 Wing, J. 730, 732 Winter, J. 700 Wisbeach and March Turn- pike Trustees 726 Wisbech Chapel Trustees 725, 730, 733 Wiseman, W. 721 Woodward, R. 730 Wood ward, J. and Jackson, J. 726 Wool, H. 730, 731, 733, 734 Wray, W. H. "25 Wright, Josiah 720 Wright, Josiah 722 Wright, E. 718 Wright, John 704 Wright, Isaac 707, 721 Wright, T. 722 Wright, T. 734 Wright, W. (Streatham) 707 Wright, W. (Sut- ton) 719,721 YoRKE, Sir J. 705 Yorke, Rt. Hon. C. 739 Young, T. 722 PLACES. PAGE Norfolk 693 SufiFolk 697 Cambridgeshire 701 Huntingdonshire735 The Isle of Ely 706 Benwick 727 Burnt Fen 699 ByallFen 715 Chatteris 722 Coveney 714 Ladus 729 Welney 730 Doddington 725 Manea 715 Westuioor 710 Downham 708 March 724 Whittlesey 720 Eausimoor 730 Mepal 717 Witcham 717 Elm 729 Outwell 7.^0 Wilburton 707 Ely 707 Pyemoor 716 Wimblinton 724 Grunty Fen 716 Streatham 707 Wisbech 72!* Haddenham 706 Sutton 718 Littleport 708 Upwell 730 L 749 ] THE LOT BOOK NORTH LEVEL, Corrected to May, 1828. SORTS OF TAX. Eighty-three thousand Acres of the Adventurers' Lands are divided into eleven Sorts, under the Tax Act, 20 Car. 2. c. 8, s. d, A single Tax is 4 an Acre for the 1st Sort 8 2 10 3 14 4 18 5 2 5 2 4 7 2 8 8 3 9 3 4 10 3 8 11 The Adventurers* Lands in the North Level are now assessed with a tax and a qtiartcf of a tax, and pay the following Sorts only : (viz) •!. '/. s. d. I, d. 5 an Acre for the 1st Sort. June Tax 3 November 2 13 3 ....09 ....OG 18 4 ....10 ....08 2 1 5 .... 1 3 .... 10 26 6 ....16 ....10 The 12,000 Acres decreed to the King, pay a tax estimated by the medium of the tax on the 83,000 Acres, and which, when the 83,000 pay a tax and a quarter, is 16 pence fartliing an acre : (viz.) June Tax d^d, November G^d, 750 APPIiNDIX. NORTH LEVEL. LOT I.— No. 12. Thorney. yl. R.P. Francis Russel, Mar- quis of Tavistock 1810 100 s. d. ■ — — June Tax 9 100 November 6 • ■ LOT XX.— No. 1. Thorney Knarr Fen. John, Duke of Bed- ford 1801 2862 1 20 Ditto.Tax brought off 637 2 20 William George Adam Ij3l5 400 June Tax November 9 6 3900 LOT XL— No. 13. Sutton in Holland. A. Next unto Wride. Jacob Le Houck 1683 17 2 Joseph Beakley 1821 40 Samuel Weils 1822 3 Joseph Bellars 1827 54 2 June Tax I 3 November 10 115 LOT XIV.— No. 11. Sutton in Holland. B. John Girdlestone, Steed Girdlestone, & Tlio- mas Girdlestone, (a moiety) and Wil- liam Bailey, Edward Bailey, John Bailey, and Steed Girdle- stone (a moiety) In trust to sell 1822 1 Joseph Beakley 1821 88 27 June Tax 1 3 November 10 115 LOT XV.— No. 13. Sutton in Holland. C. John Girdlestone, Steed Girdlestone, & Tho- mas Girdlestone, (a moiety), and Wil- liam Bailey, Edward Bailey, John Bailey, and Steed Girdle- stone (a moiety) In trust to sell 1822 June Tax November 1 3 10 95 95 LOT XVI.— No. 10. Sutton in Holland. D. John Girdlestone, Steed Girdlestone, & Tho- mas Girdlestone, (a moiety) and Wil- liam Bailey, Edward Bailey, John Bailey, and Steed Girdle- stone (a moiety) In yi. R. P. trust to sell 1822 115 J>me Tax 1 3 115 November 10 — LOT XVI.— No. 4. Wisbech Common. In the Wash. Ralph Pierson 1701 424 2 June Tax 3 424 2 November 2 LOT XVII.— No. 6. Wisbech Common. A. Thomas Sumpter Giles Marriott Samuel Marriott 1693 139 1 1792 109 3 1802 224 June Tax November 1 8 473 LOT XV.— No. 4. Wisbech Common. B. Ralph Pierson 1701 313 00 June Tax November 1 8 313 LOT XVIIL— No.5. Wisbech Common. C. Alice, the wife of Wil- liam Aveling 1793 239 1 20 Thomas and William Parnell 1818 131 10 John Stennett 1822 102 2 10 June Tax 1 NoTember 8 LOT XIX.- Wisbech Common. D. John Stennett Samuel Eagar Ann Snushall -No. 1801 1802 1818 473 4. 239 105 127 3 16 36 3 23 June Tax 1 November 8 473 LOT BOOK. — NORTH LEVEL. 751 LOT v.— No. 13. Throckenbolt by Clowscross. A. Abraham Ulyatt 1796 5 June Tax November 5 LOT XVIIL— No. 11. Tbrockenholt by Clowscross. B. Abraham Ulyatt 1796 40 June Tax 1 G November 1 40 LOT XIX.— No. 9. Throckenbolt by Clowscross. C. Abraham Ulyatt 1796 35 June Tax i 6 November 1 Number 19. 35 Part II. North Fen, Thomas Searle Thomas Sarjeant Thomas Aveling John Lamb, and Tavernor Lamb John Boyce Thomas Searle George Burnham William Boyce John Duke of Bedford Francis Russell, Mar- quis of Tavistock William Hemment in the Wash. 1724 3 2 35 1724 3 2 10 1795 7 1795 1795 1795 1795 1795 8 3 5 8 1 30 4 1 15 3 2 25 4 1 5 1 1801 254 1810 100 1818 6 3 35 June Tax 9| 400 November 6J irt III. North Fen, on the north side of the Barrier Bank. John Vermaile 1738 6 2 28 John Stona 1740 10 3 Daniel Bailey 1746 5 Ditto, Tax bought off 200 William Haynes, and Elizabeth his wife 1766 10 2 1 James Barber 1793 19 3 13 Martha Searle 1804 119 2 7 Charles Bonner 1815 11 15 William Bridges 1817 14 1 28 Ditto, Tax bought off 97 John Castle 1825 20 19 IMatthew Squire 1826 32 22 John Bovce 1826 30 3 4 Samuel Watson 1827 98 3 20 June Tax November 678 Number 24. Scverals in Pryors Fen. Part I. Formerly Auldficld and others, Matthew Squire 1826 163 2 30 June Tax November >n 6i 163 2 30 Fart II. Formerly Rose's and Pratt's. Called Cawcroft. Thomas Elsum 1790 25 1 10 June Tax November 9J 6i Number 15. 25 1 10 Northey. John Pank June Tax November 1826 64 n 6i 64 Number 1. Crowland, in Lincolnshire. Sir Culling Smith, Bart., and Culling Eardley Smith 1827 182 Robert Preston 1828 115 Mary Matson 1828 102 June Tax November 400 9| 6§ Number 2. Peterborough Common, called Borough Great Fen. Sir Culling Smith, Bart., and Culling Eardley Smith 1827 2622 June Tax November 2622 9| 6^ Number 3. Burrough Little Fen. John Pank *. d. June Tax 9-| November 6§ Number 4. Alderlands, in the County of Lincoln. Sir Culling Smith, Bart, and Culling Eardley Smith 1827 [290 1824 38 88 June Tax 9^ November 6 J Number 5. Single Sole Farm. Daniel Miller 1803 290 June Tax November 9J 6* 45 45 Number 6. Northam and ('raumoor. Part I. Northam. Daniel Miller 1803 June Tax 9 J November 6§ Part II. Cranmoor. William Moore 1823 .June Tux November '.li (i; 40 40 40 40 752 APPENDIX. Number 7, Small Acre Furlong I2a. Ir. 30p. and Chillum Tree Furlong. Joseph Little 1806 15 3 30 June Tax November 9| 6i Number B. 15 3 30 A Several of Richard Darby's. Joseph Little June Tax November 180S 9| 6i Number 9, Tanholt Farm. William Ervin Griffin 1823 June Tax November Number 10, Oxney Farm. John Pank June Tax November 1824 9| 64 Number 11. Alder Fen. Thomas Moore 1823 II June Tax November 9| C>i Number 12. i 10 1 10 30 3 30 3 26 26 The Harp. Hake Little John Cox June Tax November 1803 1803 9| 6i Number 13. Mr. Troughton's Severals. Francis King Eagle 1825 June Tax November 11 2 1 2 1 4 2 3 3 9| 6i Number 14. Widow Butcher's and Burrough's Severals. Joseph Little 1806 5 June Tax November 91 6k 5 [ 753 ] INDEX TO THE LOTS AND NUiMBERS. t l,No 12 5, 13 11, 13 14, 11 15, 4 15, 13 16, 4 16, 10 17, 6 18. 5 18, 11 10, 4 19, 9 20, 1 FACE 750 Number 1 751 2 750 3 ib. 4 ib. 5 ib. 6 ib. 7 ib. 8 ib. 9 ib. 10 751 11 750 12 751 13 750 14 15 19 24 PAGE 751 ib. ib. ib. ib. 752 ib. ib. ib. ib. ib. ib. ib. ib. 751 ib. ib. INDEX TO THE PLACES. Aider Fen Alderlands Cranmoor and Northam Crowland Harp - . - Northam and Cranmoor Nortliey Oxney - - - Peterborough Prior's Fen Severals of Richard Darby PAGE PAGE 752 Single Sole _ _ 751 751 Small Acre Furlong - . 752 ib. Sutton in Holhuid _ . 750 ib. Tanholt _ _ 752 752 Thorney - . 750 751 Tlirockenholt - . 751 ib. Trougliton's Severals _ - 752 752 Whittlesey . - 751 751 Widow Butcher's and B ur- i ib. ib. rough's Severals. 752 Wibbech - - 750 3o [754 ] INDEX TO THE NAMES. Adam, VV. G. - Aveling, Tliomas Aveling, Alice - B, Bailey, Wm. and others Bailey, Dan. Barber, James Beakley, Josh. Bedford, Duke of Bellars, Josh. - Bonner, Charles Boyce, John Boyce, William Bridges, William Burnham,Geo. Castle, John Cox, Joltn Eagle, F. K. Egar, Samuel Elsum, Thomas G. Girdlestone, John and others Grifl5u, Wm. Ervin H. Haynes, Wm. and wife Hemment, William L. Lamb, John and Tavernor Le Houck, Jacob Little, Hake Little, Josh. PAGB 7;)0 751 750 750 751 iL 750, 751 750 ib. 751 ib. ib. ib. ib. 751 752 752 750 751 750 752 751 ib. 751 750 752 ib. M. Marriott, Giles _ . 750 Marriott, Samuel . _ ib. Matson, Mary . - 751 Miller, Daniel - _ _ ib. Moore, Thomas . _ 752 Moore, William P. 751 Pank, John ^ ^ 751-2 Parnell, Thomas and William - 750 Pierson, Ralph - - ib. Preston, Robert S. 751 Saijant, Thomas . _ 751 Searle, Martha - . ib. Searle, Thomas - - ib. Smith, Sir Culling Bart. - ib. Smith, Culling Eardley - ib. Snushall.Ann - - - 750 Squire, Matthew - - 751 Stennett, John _ - 750 Stona, John . . 751 Sumpter, Thomas - - 750 T. Tavistock, Marquis of Vermaile, John Ulyatt, Abraham W. Watson, Samuel Wells, Samuel - 750 751 ib. 751 750 APPENDIX. No. XXXII. THE REPORT of the COMMITTEE of the Board appointed at a General April Meeting of the Honourable Corporation of BEDFORD LEVEL, to enquire into the general Liability of the Corporation. The committee have not been able to extend their en- quiry, beyond the general outline of the liability of the corporation. The application of that liability to parti- cular works, is governed by different circumstances. To some it now remains in its fullest extent; to others it is partially applicable. In some cases the alteration arises out of a contract, between the corporation and the owners of the lands interested. In some, it is a general convenience to the owners of the lands adioininsa:. The point which was contended for before the com- mittee of the House of Commons, upon the bill for the repair of the lower end of the barrier bank on the north side of the wash of the Hundred-Feet River, and which is now agitated by the opponents of that bill, involves a question of the greatest importance to all the owners of adventurers' lands — whether the corporation are not bound to expend the last farthing of the yearly value of all the adventurers' lands, before the other fen lands in the Bedford Level ought to be called upon to contribute towards any work of drainage. This is the question the committee feel themselves called upon to investigate. The claims against the owners of the adventurers' 3h 756 APPENDIX. lands must be founded on some contract, or stipulation in the nature of a contract, between them and the owners of the lands from which the 95,000 acres were taken. A contract was made in 1631, which is a part of the Lynn Law. Another contract was made with King Charles the First in 1638, which did not proceed. In 1649 the pre- tended act was passed, which contained new obligations without a new contract; but that act and all its stipu- lations are now of no force. In l663 the present Bedford Level Act was passed. The decree of the commissioners of sewers, which is called the Lynn Law, contains the first contract, "That Francis earl of Bedford would do his best endeavour at his own charge to drain the said marsh, waste, fenny and surrounded grounds, in such manner as that they shall be fit for meadow, or pasture, or arable, within six years. But because the said surrounded grounds are so spacious, and many parts thereof lie so distant from the sea, and from the several outfalls, as that it is impossible to contrive the work so, but that a great part of the said surrounded grounds will be overflowed by sudden waters, until by outlets or otherwise the same can be discharged or otherwise led along to the outfalls, it is agreed that such overflowings by sudden waters which shall not lie longer upon the lands than in convenient time the same may pass away again, shall not be esteemed a not drain- ing thereof." Ante, p. 102. Asa recompense for these works, the earl of Bedford and the adventurers were to have 95,000 acres, one third part of the fens in the Bedford Level. Sir Cornelius Vermuyden, who had the fullest opportunity of knowing the actual intentions of the parties, in his Discourse expressly says, this contract was to make the fens summer lands only. Verm. Disc. 2. The words of the Lynn Law appear to the committee to ad- mit no other construction. Under this law, the owners of the lands were to divide and sever them one from ano- APi'KNDIX. llier, by such sufficient partitions, dikes, and fences, as should be necessary to convey away the rain-water to- wards the great drains, subject to the directions of the commissioners of sewers, Ante, p. 104. So that it appears to the committee, that the rivers and outfalls were to be the works of the corporation, and the inner works to be- long to the individual owners of the lands. The contract with King Charles the First, was to drain the whole of the Bedford Level, together with other fens ; and he was to take as a recompence, not only the 95,000 acres decreed to Francis earl of Bedford, and the other participants, but 57,000 acres more : and he was to make the whole of the fens out of which these lands were taken, " as well winter grounds as summer grounds." Dugd. 412. Sir Cornelius Vermuyden says, "The King's con- tract was to make these lands winter lands ; that is, to free them from overflovv'ing the rivers aforesaid, as far as by art can be devised." Verm. Disc. 6. The works to have been executed under this contract were begun, but not completed. By the pretended act the adventurers were compelled to make the fens " winter grounds in such manner as the said rivers or any of them shall not overflow the grounds within the said level, breaches by inevitable accident only excepled." Ante, p. 371. The circumstances under which the adventurers were obliged to submit to these obliga- tions do not require consideration. The act itself, and all its stipulations, are now at an end, and of no force. All the contracts and obligations that existed prior to the passing of the 15th Car. II., the act for settling the draining of the fens, appear to the committee to be now of no importance, otherwise than as they are adopted, explained, or modified by the 15th Car. 11. This statute does not a[)pear to the committee to make a new con- tract, but to adopt the contract of the Lyrm Law, with some modifications and alterations • and the liabilities of 3 u '1 7^7 758 APP*;xDrx. the corporation appear now to depend upon the joint construction of this statute and the Lynn Law. The preamble of the loth Car. IL contains several matters to which the general words of the body of the act appear to refer, and upon which the construction of those general words in the judgment of the committee depends. It recites the undertaking or contract of the Lynn Law, and the compensation which the adventurers were to have under that law. It also recites, that the adventurers had bestowed great sums of money for per- fecting the works required by that law, and thal^ after some interruptions, they proceeded by colour of a pre- tended act of parliament, "in the completing and finish- ing the said works ; and the commissioners appointed by that pretended act did adjudge the same drained; but the same cannot be preserved without a perpetual con- stant care, great charge, and orderly government." Ante, p. 386. The undertaking or contract under the Lynn Law is very difierent to the obligations of the pretended act. The first is a contract to make the fens summer lands ; the other requires them to be made winter lands. It appears to the committee, that when the 15 Car. IL was passed, the adventurers were considered as acting under the Lynn Law. The preamble adopts the contract of the Lynn Law as the foundation upon which th^3 sta- tute proceeds, but it does not mention the obligations of the adventurers under the pretended act. If it had been intended to have followed the provisions of the pretended act, those provisions v/ould have been stated, instead of the conditions of the Lynn Law. Both could not have stood together ; and by omitting the obligations of the pretended act, and slating the liabilities under the Lynn Law, it is evident that the Lynn Law was intended to be adopted. The preamble states that the adventurers pro- ceeded by colour of the pretended act, in finishing the APPENDIX. said works. These words of reference to the pretended act, taken in their fullest sense, can have but little weight against the general construction of the whole of the pre- amble. They state only the authority under which the adventurers had last proceeded, without describing the manner of proceeding, or the obligations under which they stood. But if any question could arise as to the reference to the pretended act, it is decided by the mean- ing of the words ^' the said works :" no other works are mentioned before, but the works under the Lynn Law ; and the works they so proceeded to complete, must con- sequently have been the works they were bound to exe- cute by that law. The preamble appears to adopt the principle that the adventurers had performed the hrst part of their contract; that they had made and completed all the works the drainage of the fens required, and that the commissioners under the pretended act had adjudged *' the same" drained. "But the same cannot be pre- served," that is, that the fens so drained cannot be pre- served without the provisions of that act; and as far as the committee are able to judge, the preamble considers the future preservation of the work so made, and of the level so drained, to be the only objects of the statute. This construction appears to have been adopted by the legislature in passing the North Level act, 27th Geo. IT. c. 19. ; and the Bond Act, 29th Geo. 11. c. 9- ; for the recitals in the preambles of those acts contain the con- tract under the Lynn Law, without the slightest refer- ence to the pretended act. Atite, p. 527, G33. The different parts of the 15 Car. II. applicable to the question now under consideration, are not numerous ; and the committee think it the best course to cite them, and to add such remarks as appear to them necessary. Section 2. And the said governor, bailiffs, and " conservators," " shall, and may lay taxes from time to time," " for support, maintenance, and prc- 759 760 APPBNDIX. servation of the great level, and ail other things do, lo ihe support, maintenance, and preservation of the said great level ; and works made and to be made." Jnte, p. 388. The preceding part of the same section enacts, that the corporation " shall be" a body corporate, '* shall have" a common seal, " shall be" capable of being sued, &c. But when it coQies to the most material part of the statute, the words which are to constitute the liabilities and obli- gations of the corporation, the words used are, " shall and may." There is a great difference in the effect of words, which give a power to do a particular thing ; and Avords which compel the parties lo do that particular thing : when a statute says that such things shall be done, and as to others gives the parties a power to do them, ^' shall and may" appear lo be sometimes imperative, and sometimes giving authority onl}'. But if it were meant by the statute, that *' shall and may" should have the same effect as the words " shall be," '* shall have," in the preceding part of the same section, the word " shall'' would in all probability have been used alone. The words being different, the inference is that the meaning is dif- ferent ; and it seems as if there was a settled intention in the act to distinguish what the corporation were bound to do, from what they have authority to do. In the pre- amble of the Bond Act, 29th Geo. II. c. 9., there is the following passage : " Whereas doubts have arisen amongst the creditors of the said corporation concerning the secu- rities they now have for their respective debts, by reason that the said corporation have it in their power," " either to tax such parts of the 95,000 acres as lie within the Middle and South Levels, with very small taxes, or not to tax them at all." yinte, p. 638. This is an express legisla- tive construction of the effect of the words " shall and may ;" and under this construction they are words of authority, and not imperative, whereby the corporation APPENDIX. 761 can be conipelied lo pay a tax, beyond what the governor, bailiffs, and conservators think it their duty to impose. The preamble of the North Level Act, 27th Geo. II. c. 19. states it as a power given to the corporation, Ante, p. 527 ; and section 2. of the Bond Act enacts that it shall be lawful for the corporation to tax the adventurers' lands in the Middle and South Levels, with any further tax " the governor, bailiffs, and conservators shall judge ne- cessary, in the same manner as they might have done before the making of this act." Ante, p. 639. If what has been stated is not sufficient to prove that the words '^ shall and may" are not absolutely imperative, there are other modes of construction which may be adopted. There is no part of the statute which defines the kind or degree of support, maintenance, and preserva- tion intended by the words under consideration. The preamble recites and adopts the Lynn Law, which was a contract to make the lands in the level summer lands. It recites that works were made according to that con- tract, and then states the object of the act to be the preservation of the same. Even the preamble does not define the degree of preservation ; but having adopted the contract of the Lj^nn Law, it is there expressed that the fens are to be so preserved, as that they shall be summer lands except in case of overflowings by sudden waters. The words under consideration appear to the committee to have an immediate reference to the pre- amble ; and if the preamble, by its adoption of the Lynn Law, has so limited the degree of preservation, that is, the kind and degree of support, maintenance, and preser- vation required by the statute itself; when the adventurers had completed the works of drainage, and had obtained possession of the 95,000 acres of land, under a contract to preserve the same so drained, that became a lasting obligation : and the words of a statute adopting that contract, and confirming that obligation by the words 762 APPENDIX. " shall and may," might so far be held to be imperative. If the contract be imperative, it is reasonable that the statute adopting it should be equally imperative and binding. Under this construction the liability of the corporation would be the preservation of the works made at the time the statute passed, so as to keep the fens summer lands, sudden overflowings or inevitable acci- dents only excepted ; and this appears to the committee the utmost length to which that liability can now be extended. Whatever may be the amount of the charges which this limited obligation may require, to that extent the corporation may be bound to tax the 95,000 acres, whether it amount to the full yearly value of the whole of those landj or not. But this limited obligation is very different to the general obligation which has been con- tended for, that the corporation are bound to do every thing the perfect drainage of the country may require. It is very different in its object^ and in the extent of the works that would be necessary. It is impossible to fore- tell the expenses this larger obligation would incur. They might exceed the full yearly value of the whole of the 95,000 acres. But it is the nature of the obligation, the degree of preservation, which is the object of the present enquiry; and if the limited obligation exists, that puts a negative upon the larger, for they are incompatible with each other, and both of them cannot have effect. Admitting that under the words '^ shall and may," thus used, a power is given to the corporation, which they may either use or not, as they please ; admitting that the statute leaves the liabilities of the adventurers exactlv as they were, and as if no such statute as the 15th Car. II. had passed, then what would be the liabilities of the cor- poration ? Under the Lynn Law the adventurers took the 95,000 acres upon certain conditions, and they may be now bound to fulfil those conditions. By the effect of that law, and without any refereuce to the statute, those APPENDIX. conditions may constitute the present liabilities of the corporation; and then the liabilities of the corporation would be exactly what are described above, — to keep the fens summer lands, sudden overflowings or inevitable accidents only excepted. The pouer of making new works creates no difference as to the liabilities of the board. The words are clearly authoritative only, and not imperative. They give the corporation a power, but do not create an obligation ; and they have consequently no bearing on the question under consideration. If the corporation had been bound under all circum- stances, to have done every thing the perfect drainage of the level would have required, the corporation would have been bound to have made all the mills and interior drains and works, throughout the whole level. — The necessity of draining by mills was very soon ascertained ; but the committee have not found that any attempt was at any time made to subject the corporation to the expense of making or supporting them. No single farm can be drained without ditches, and yet no person is to be found, who will seriously contend that the 15th Car. II. compels the corporation to make or maintain those ditches. The Lynn Law says, The owners shall divide and sever their lands by such suibcient partition dikes and fences as shall be necessary to convey the rain water to the great drains; Ante, p. 104. This is not altered by the 15th Car. II. and seems to be the foundation of the general usage of the country as to their interior works. The committee believe that this usage has been general and uniform from the time of passing the act, and that it shews the general opinion that for such works the corporation was not liable ; and that consequently the cor[)oration were not bound to do every thing the perfect drainage of the country would require. — When mills for drainage were first erected, ihey were considered as occasioning an in- 763 764 APPENDIX. jury to the general drainage by creating a current across the course of the rivers, and by throwing into them great quantities of nuid. It was frequently made a question before the corporation, whether the owners should not be prevented from having mills, or, if the}' had them, that they should be so placed as not to injure the corporation drains. Without mills it had become impossible to drain; and if the corporation had been bound to have built them, the question before the corporation would have been very different. Section 50 enacts that the corpora- tion shall not be answerable for any loss or damage that may happen from breaches of banks. Ante, p. 4<22. The danger of breaches of banks in times of flood is almost the only danger that now remains. In every countr}' and district it is the great object to be secure against that danger. — It would seem that when the 15th Car. II. was obtained, it was thought unavoidable. The corporation are not bound to prevent or remedy the danger of such an occurrence, and they are consequently not bound to do every thing the perfect drainage and security of the country now requires. Section 13 enacts that the " corporation shall and may, from time to time, erect any new works within the said Great Level, or without the said Great Level, for conveying the waters of the said Great Level by convenient outfalls to the sea." Ante, p. 396. The words of this section fall within the observations already made, both as to the effect of the words " shall and may," and as to the new and old works. They give the corporation a power within or beyond the LeveL They give them a power that reaches the outfalls, the most essential of all works of drainage ; but they in no respect alter the effect of the words in the second section, upon which the liability of the corporation depends. Section 4 enacts that 2,000 acres, vested in the Duke of Portland, shall be holden " subject never- API'KNDSX. 765 theless uilh life resitJue of ihe 05,000 acres in e(]ual proportions, to all taxes and charges necessary and conducing to the preservation of the said Great Level from drowning." Jlnte, p. SSQ. These words appear intended as a description of the liabilities contained in the second section. They are equally general, and leave the degree of preservation equally undefined. The preamble and the second section mention preservation generally, or that the level is to be preserved drained according to the Lynn Law ; and preserved from drowning appears to the committee to be equal in effect to preserved drained, and to make no difference in the construction of the statute. They have the same reference to the preamble, and mean that the fens are to be preserved from drowning, in the manner prescribed by the Lynn Law. The adventurers under the Lynn Law expended very large sums of money in carrying their contract into exe- cution ; — it is said 100,000/. Verm. Disc. 2. When Charles the First became the undertaker, the old adven- turers were very much oppressed, and many of them ruined by the speculation. When the pretended act was obtained many of the old adventurers were superseded by new ones, and the losses upon the first speculation were very much increased. By the time the 15th Car. IL was obtained, the old and new adventurers appear to have expended between five and six hundred thousand pounds upon the works of the level ; Dodson's Design, 12. — The committee have no doubt, but that the money then ex- j)cnded much exceeded the full value at the time of the fee simple of the whole of the 95,000 acres of land, the adventurers had taken as their recomi)ense for the under- taking. These circumstances were capable of proof in l6(i3, when the 15th Car. II. was obtained ; and this was perhaps ihereasonwhy the full obligations of the pretended act were not then adopted and fixed ui)on the adventurers. 766 APPPiNDlX. If llic speculation was worth more than 95,000 acres to King Charles the First, it was so to the adventurers ; and there appears to be a hardship in the pretended act, in obliging the adventurers to make the fens winter lands, when their contract was to make them summer lands only; or, if by that act the increased obligation was fixed upon them, they ought to have had a recompense exceeding the 9-5,000 acres. The inference from the circumstances as they now appear is, that the 95,000 acres were not considered as more than equivalent to the works to be executed and the risk to be incurred. Sir Cornelius Vermuyden had agreed to contract for 90,000 acres; and afterwards re- fused to proceed unless he had 95,000. Ante, p. 101. In 1622 King James the First proposed to become the undertaker, and he was to have 120,000 acres, ^nte, p. 99- Under the Waldersea Drainage, which took place in 1607, the adventurers received as a recompense two thirds of the whole of the lands drained. The adven- turers of Deeping Fen, the drainage of which took place about the year I66O, had one third by their original con- tract, which was afterwards increased to one half; but the Bedford Level adventurers had only one third ; and whatever was at first the opinion, the result has proved, that it was a most disadvantageous bargain for the ad- venturers. If the liabilities of the corporation went the full length of fixing upon the adventurers every expense the perfect drainage of the level would require, and of making their lands chargeable to the last farthing of their present yearly value, it would be a case of extreme hardship and oppression. When the full value of the fee simple of the lands taken by the adventurers, was exhausted by the works for the preservation of the re- maining two third parts, value was received for the value given ; and, considering the causes which obstructed, and the powers which overbore the first adventurers, more could not in justice be required, whatever might APPENDIX. 7^7 be the nature of the contract. In the construction of a contract that requires the value again and again, the words would be examined with the greatest exactness ; and nothing but the most express stipulations would under such circumstances be held to be obligatory. If it be open to any doubt whether the construction of the words of the contract under the Lynn Law, and o^f the l5th Car. H. inclined to a limited obligation, or to the great obligation which would swallow up the whole of the lands, the justice of the case would turn the scale in favour of the limited obligation; but in the judgment of the committee there is no such doubt. It is clearly an obligation limited and confined by the degree of pre- servation and drainage required by the Lynn Law. The committee^ in stating the result of the considera- tion they have given the subject, have mentioned the 93,000 acres generally, — but twelve thousand acres out of the 95,000 acres were taken by the King ; and by the 1.5th Car. II. the tax upon these 12,000 acres cannot ex- ceed two shillings an acre; Ante, p. 424 : unless they are made liable to a further tax by the Bond Act: and by the first North Level Act, 27th Geo. II. c. 19. the tax upon the adventurers' lands in the North Level cannot exceed a tax and a quarter, and so in proportion upon the part of the 12,000 acres which lies in the North Level ; Ante, p. 546 ; whatever may be the amount of the tax to which the remainder of the 95,000 acres may be subject. Considerable difficulties arose as to the mode of tax- ing the 95,000 acres; and in I668 an act was passed called the Tax Act, 20th Car. IL and under that act the 83,000 acres remaining to the adventurers after the 12,000 acres were given to the King, are divided into eleven different sorts, according to the value of each in I6G8; and when what is called a single tax is laid, the worst sort, according to the value in lG()8, pays four- 7G8 APPENDIX. ponce an acre, the second sort eightpence, and so on, the eleventh sort paying three shillings and fourpence. This assortment and estimate is fixed by the Tax Act; and whatever alterations have taken place in the value of the lands, no alteration can be made in the mode of taxation. The effect of this has been, that some of the hinds that are now of inferior quality, are of the second, third, fourth, or higher sort, and whatever tax the better lands might be able to pay, the inferior lands cannot bear beyond what their value will enable the ou^ners to pay. The payment of the lax may be enforced by the sale of the lands; but when they are sold they must be subject to the future taxes, and, if the amount exceeed the value of the inferior lands, no buyers can be found. The corporation have sometimes had many thousand acres in their own hands, — at one time 13,000 acres, which could not be sold, because they were not worth the taxes, and when in their hands occasioned the loss of a part or the whole of the taxes. At times the arrear roll has contained many thousand acres (it is said up- wards of 20,000 acres in one year) for sale, for nonpay- ment of the taxes. If the system of increasing the tax upon the good lands, and losing the tax upon the in- ferior, were pursued, their whole value would soon be exhausted, and the existence of the tax at an end. It does not appear to the committee to have been a ques- tion before the corporation, to what extent they ought to have pushed the increase of the tax, or to what extent they were bound to do it. If they had advanced it, they might frequently have suffered more by the loss upon the inferior lands, than they could have gained from the better lands; and it is impossible to tax one without the other, or to alter the sorts and degrees established by the Tax Act. Under these circumstances a limit has been set to the liabilities of the corporation, for they could not be obliged to expend more than they could raise. APPENDIX. 769 The Tax Act will always have a similar effect, and will always prevent the adventurers' land from being taxed beyond a limited point. But the subject the committee have endeavoured to consider and explain is the general liability of the corporation, arising out of the Lynn Law, and the loth Car. IL; and that liability cannot be ex- ceeded, in whatever degree it may fall short of the prac- tical limitation created by the operation of the Tax Act. EAPtDLEY. Geo. Jenyns. Thos. Page. Rd. Greaves Townley. William Adam. J. Thurlow Bering. Geo. Maxwell. Robert Bevill. At a Board held at the Fen Office on Friday the 18th day of May, 1810, the above Report was received, approved, and ordered to be printed. Wm. Sapfery, Register. 7/0 APPENDIX. No. XXXIII. A LIST OF THE SEVERAL ACTS OF PARLIAMENT {PUBLIC AND PRIVATE) CONNECTED WITH THE GREAT LEVEL OF THE FENS, CALLED BEDFORD LEVEL, With those Clauses which relate specifically to the Corporation. + Marked thus are Public General Acts. * Local and Personal Acts. X Private Acts. GENERAL ACTS. As to the Corporation. f General Drainage Act, 43 Eliz. c. 1 1. The pretended Act passed during the Comunonvvealth. -I- 15 Car. 2. c. 17. — Foundation Act. -f 20 Car. 2. c. 8.— Tax Act. "Y 1 Jac. 2. c, 21. — Repeal of General Inclosure Clause in 15 Car. 2. t 29 Geo. 2. c. Q.— First Bond Act. t 12 Geo. S. c. 9.— Second Bond Act. t 24 Geo. 2. c. 23— First Stile Act. t 25 Geo. 2. c. 30.— Second Stile Act. t 23 Geo. 3. c. 25.— Turf Act. N. B. The above are fully inserted in the foregoing Appendix. N. B. By a standing order of the board, all acts of Parliament for drainage, bridges, roads, ports, canals, and inclosure, or GENERAL ACTS. — Rivei'S. 17 V for other matters affecting, in any degree, the Bedford Level, are to contain a clause reserving the entirety of the rights and powers of the Bedford Level Corporation. Rivers. Brandon.— J 'i2 Car. 2. c. 7. * 50 Geo. S. c. 166. Cam.— t 1 Ann Stat. 2. c. 1 1. * 53 Geo. c. 214. Ouze.— t 6 Geo. 1. c. 29. This act contains the following clause as to the corporation : " And for the better government, use, and regulation of the said new stanch or new work so to be erected, as aforesaid, according to the intent and meaning of this act ; and for pre- vention of any mischiefs and inconveniences which may ensue to the Great Level of the Fens called Bedford Level, and the navigation of the river Ouse, and other the navigations and works of draining within the said Great Level, as well from inundations in times of floods, as scarcity and want of water in dry seasons, or any other emergencies ; and also for the prevention of any abuses or ill uses to be made of the said stanch and work, and the powers and authorities hereby given to the said Henry Ashley, his heirs and assigns ; and for the more effectual improving and preserving the navigation of the said river from the town of St. Ives, to the port of Lynn, and of the waters within the same, from being diverted out of the natural current of the said river : Be it therefore further enacted by the authority aforesaid, that six of the justices of the peace for the said county of Huntingdon for the time being, to be yearly named and a)jpointed at tlie general quarter sessions of the peace held for tlie said county next after Easter, and a like number of the commissioners of sewers within the said Great Level of the Fens, to be yearly appointed by tlie governor, bailiffs, and commonalty of the company of conservators of the Great Level of the Fens, at their meeting in April, shall be and they arc hereby constituted commi.^sioners, as well for the government, use, and regulation of tlie said stanch and new work, as for the prevention of the mischiefs and inconveniences before mentioned, and preservation of the navi- gation and waters of the said river, as aforesaid ; and the said commissioners, or any five or more of them, of which nvimber two at least to be of the number appointed by the said justices for the said county o!" Huntingdon, and not less than two of the number appointed by the couimibsioncrs of sewers within the said Great Level, shall and may, from time to time, assemble and meet together, when, where, and as often as they shall see occasion 3 and the n)ajor j)art of them so asseuibled, shall make J 1 772 APPENDIX. such orders and decreeSj as well for the due regulation and government of the said stanch, according to the intent and meaning of this act, as for the preventiun of the said mischiefs and inconveniences and preservation of the said navigation and river, and waters therein, and otherwise toucliing the premisses, and by and under such reasonable pains and penalties, as to them shall seem meet and convenient ; and shall enforce tlie due execution of the same by all such lawful ways and means as the said commissioners of sewers within the said Great Level, or any other commisaioners of sewers, by force and virtue of any powers and authorities to tlicm given, or by any laws now in force relating to commissioners of sewers, can or may lawfully do ; the first meeting of the said commissioners to be at the said town of Saint Ives in the said county of Huntingdon." t SO Geo. 3. c. 83. By this act the corporation are empowered to nominate and appoint^ at their general annual April meeting, three persons to be comm.issioners, for one year only, from the day of such meeting, provided that such nomination or appointment shall be made under their common seal, and certified by their register to the clerk of the said commissioners, within fourteen days after making the same. Eau Brink.— t 35 Geo. 3. c. 77. By this act the commissioners for drainage are compelled to cause gauges to be placed upon certain sluices and bridges, to erect an additional pair of gates at Denver Sluice, and to erect staunches, pound locks, or pen sluices at certain places therein mentioned, and such other locks, staunches, sluices or other works as should be directed by the engineers appointed by the act. And the commissioners for drainage are to vary, alter and regulate the said gages, staunches, pound locks or pen sluices in such manner as shall, from time to time, be directed by three engineers ; one to be appointed by the corporation of Bedford Level and by the commissioners of drainage jointly ; one other by the commissioners for navigation ; and the third by the said two engineers ; which ebb doors, staunches, pound locks or pen sluices shall be kept and regulated under the management and direction of such person or j)ersons as shall from time to time be appointed by the corporation of Bedford Level, (who?e salary, not exceeding 20/., is to be paid by the commissioners for drainage) but those sluices are to be shut at certain times, under a penalty ; and upon every neglect or refusal of the sluice- keepers so to do, then it shall be lawful for any two or more commissioners for navigation assembled at such sluice, &c. to cause the same to be shut. GKNERAL ACTS. — RivO'S. 77^ This act also contains the following clause as to the corpo- ration : " And whereas it is expedient for the improvement of the To compel the drainage and navigation intended to be improved by virtue of Bedford Level this act, that the river called the New Bedford or Hundred Feet scour 'out°tbe'' River, from Earith to Denver Sluice, now in the charge of the Hundred Feet corporation of the Great Level of the Fens called Bedford Level, River, and also the river Ouze from Denver Sluice aforesaid to Eau Brink, should be scoured, cleansed, and deejiened in a regular and uniform manner, consistent with the depth of the intended new river or cut, and the said l^edford Level corporation have consented and agreed to do and perform the said work from Earith to Denver Sluice j Be it therefore further enacted, That the said corporation of the Great Level of the Fens called Bed- ford Level shall, as soon as conveniently may be after the passing of this act, scour, cleanse, and deepen, or cause to be scoured, cleansed, and deepened the said river called the New Bedford or Hundred Feet River, from Earith to Denver Sluice aforesaid, in a regular and uniform manner, consistent with the depth of the said intended new river or cut, and shall cause all obstructions therein to be removed as far as may be consistent with the safety of the banks and of the bridges across the same 3 and that the said commissioners for drainage shall, as soon as conveniently may be after the passing of this act, scour, cleanse, and deepen, or cause to be scoured, cleansed, and deepened, the said river Ouze from Denver Sluice to the place near Eau Brink aforesaid, where the said intended new river or cut is to branch out therefrom, and that the same shall be done on a regular section, to the satisfaction of the aforesaid Sir Thomas Hyde Page and Robert Mylne, or such other engineers as aforesaid, and that all obstructions therein shall be removed as far as may be consistent with the safety of the banks and of the bridges across the same." t 36 Geo. 3. c. 33. * 45 Geo. 3. c. 72. =* 56 Geo. 3. c. 38. * 58 Geo. 3. c. 48. * .5p Geo. 3. c. 79. * 2 Geo. 4. c. 74. Nene to Peterborough. X 12 Ann Stat. 2. c. 7- t 1 1 Geo. 1. o. 19. t 34 Geo. 3. c. 85. Nene from Peterborough through .March, &c. to Sailer's Lodf. 3 1 2 774 APPENDIX. t 27 Goo. 2. c. 12. This act is fully inserted in the foregoing Appendix. Canals. Wisbech.— t 34 Geo. 3. c. 92. This act contains the following very important provisions : — The canal company are compelled to make pound locks, pointing and ebb doors at Outwell, Popham's Eau and Salter's Lode, and gauges to be fixed thereon, by engineers to be ap- pointed by the Bedford Level corporation and the canal com- pany, such locks and doors to be under the direction of a person appointed by the Bedford Level corporation (whose salary, not exceeding 20/., is to be paid by the company), but to be shut at certain times under a penalty, and upon refusal the committee of the company to have power to shut them. In case eitlier party neglects to appoint an engineer, then the other to appoint both. Also if the waters of the river Nene are above the high water mark of the engineer's gauges, then it shall be lav^ful for the company to run the water through the canal into the Wisbech River. Also power for the company to drain lands of any bodies politic or corporate, or commissioners of districts through tlie canal to sea, but not to raise the waters in the canal above the soil of the adjacent lands so as to injure the same. The rights of the corporation and river Nene Commissioners are reserved " except such rights, powers, and authorities as are by this act expressly altered or taken away." Stort and Cambridge. — * 52 Geo. 3. c. 141. * 54 Geo. 3. c. 16-5. These acts have never been carried into effect for want of funds. The first contains several important regulations as to the works of the corporation which would have been a£fected by making the canal. Ports. t Lynn.— 13 Geo. 3. c. 30. * Wisbech.— 50 Geo. 3. c. 20G. t Boston.— 10 Geo. 3. c. 23. * 52 Geo. 3. c. 105. Roads. Cambridge to Ely and Litlleport, Uownham, Soham, Haddenham, Mepal, &c. t 3 Geo. 3. c. 36. GENERAL ACTS. — Mottds. 77^ t 5 Geo. 3. c, 79. t 10 Geo. 3. c. 97. * 44 Geo. 3. c. 70. * 5 Geo. 4. c. 60. This last act repeals all the foregoing acts, and contains the following clauses as to the corporation, and also an exemption from toil, " for any timber, wood, iron, stone, earth, bricks, silt, or other materials, or any implements or tolls to be used for the purposes of supporting any of the works of drainage already made and maintained, or hereafter to be made and maintained at the expence of the governor, bailiffs, and com- monalty of the company of conservators of the Great Level of the Fens called Bedford Level." " LV. — And whereas part of the road within the said north For keeping up district passes over part of the east bank of the river Ouze, be- theeast baakof tween Scottings Ferry and Brandon Creek Bridge, which bank ^^^ Ouze. was erected by the governor, bailiffs and commonalty of the company of conservators of the Great Level of the Fens, called Bedford Level, and has ever since its erection been supported and maintained at the expence of the said governor, bailiffs and commonalty, and of the commissioners of a certain district protected by the said bank, called r>urnt Fen First District, and the support of the said bank is of ihe utmost consequence, not only to the said district, but to many thousand acres of rich and valuable land within the said Great Level, which are likewise protected thereby; and it is therefore necessary that provision should be made for preventing the said bank from being worn down and lowered by the frequent passing of horses and car- riages thereon ; Be it therefore enacted. That during the conti- nuance of this act the said bank from Scottings Ferry to lirandon Creek Bridge shall be constantly supported and maintained by the trustees of the said North District, and the expences attend- ing the same shall be paid and defrayed out of the tolls arising within the said district by virtue of this act,, so that the seat or foundation of the said bank be never less than the present scat or foundation there((f, and that the height thereof be never less than the present height thereof j and in case it shall at any time (iuring the continuance of this act happen that either the seat or the height of the said bank shall be less than they are hereby re6})ectively directed to be, that then, on notice in writing to be given to the clerk of the said last-mentioned trustees, by the registrar, supcrintendant, or other ollicer of the said governor, bailiffs and commonalty, they the said last-mentioned trustees shall give immediate orders to amend and make up the said bank to the dimensions and height aforesaid ; and on failure thereof for the space of fourteen days after such notice, it shall be lawful for sutli registrar, supcrintendant, or other officer of 776 APPENCrX. the said governor, bailiffs and commonalty, to cause the said bank to be matle of the dimension and height aforesaid ; and it shall be lawful for such registrar to draw upon the then trea- surer to the said last-mentiuned trustees for the expences which shall have been incurred in doing such work, which expences such treasurer is heieby required to pay out of any monies "which shall then be in his hands ; and in case there shall not then be sufficient monies in his hands to answer such expences, then such treasurer is hereby required to pay the same, or so much thereof as the monies then in hand will not extend to pay, out of the first monies which shall come to his hands from tolls, or otherwise^ by virtue of this act, or of the said recited acts of the third and fourth years of the reign of his said pre- sent Majesty, or any or either of them, in preference to any other charge whatsoever upon such treasurer, or upon such last-mentioned trustees, and that such treasurer shall be allowed what he shall so pay, in his account with the said last-mentioned trustees. " LVI. — And whereas a breach may happen in the said bank within the limits aforesaid, by sudden land-floods, and it is ne- Provisions in case of ininii- a^breach o7the ^^^^^""y t'' S'^'^ power for the timely prevention of the danger said bank from which may otherwise arise therefrom ; Be it therefore further sudden floods, enacted. That when and as often as the said bank shall or may happen to be endangered by floods, it shall be lawful for the registrar, superintendant, or other officer of the said governor, bailiffs and commonalty, instantly to cause such means to be used, and procure such assistance as may be necessary, not only for securing the said bank from any breach, slip or damage, but also for instantly repairing and amending such bank in case any such breach, slip or damage shall have taken place ; and it shall be lawful for such registrar to draw upon such last- mentioned treasurer for the expences which shall have been incurred in taking such means, and providing such assistance as last aforesaid, which expences such treasurer is hereby required to pay out of any monies which shall be in his hands ; and in case there shall not then be sufficient monies in the hands of such treasurer to answer such expences, then he is hereby re- quired to pay the same, or so much thereof, as the monies then in his hands will not extend to pay, out of the first monies which shall come to his hands from tolls, or otherwise, by virtue of this act, or of the said recited acts of the third and fourth years of the reign of his said present Majesty, or any or either of them, and in preference to any other charge whatso- ever upon such treasurer, or upon such last- mentioned trustees, and that such treasurer shall be allowed what he shall so pay in his account with tiie said last-mentioned trustees." Power reserred " LX. — And whereas the part of the said branch road in the to the Bedford said north-west district, from the said Wear Dike at the end of Level corpora- GENERAL ACT?. — Rottds. 777 Biites's Droveway to the said floating bridge, passes along or tlon for the adjoins tlie back foreland of tiie barrier or great bank of the protection of said One Hundred-feet River, and across the same bank down t^e bank of the to the water ; and tlie said bank, foreland and spaces between Yqqx River, the said river and the said wear dike are works of the gover- nor, bailiffs and commonalty of the company of conservators of the Great Level of tlie Fens, called the Bedford Level, made and maintained for the preservation oi the adjoining part of the said Great Level from inundation, and are the property and freehold of the said governor, bailiffs and commonalty, and over which there is now no public right of way ; lie it therefore further enacted. That the said part of the said road across the said bank, and the slopes thereof on both sides, shall be made and maintained by the said trustees of the said last-mentioned district, in such manner as tiiat the said bank where the said road crosses it shall be at all times of sufhcicnt strenirth and height to secure the same from the danger of breaking or over- flowing, and shall be made, continued and preserved in such form as shall not obstruct the free passage of the waters of the said One Hundred-feet River, or alter or affect the course thereof, and if at any time or times the said part of the said bank, where the said road crosses it, shall be considered by the said governor, bailiffs and conservators of the said Bedford Level corporation, or any five or more of them, whereof the governor or bailiffs, or any of them, be two, not of sufficient strength or heiglit, or if the slope of the said road on the river side of the said bank, down to the water, and where the said floating bridge meets the said road, be made, altered or continued in such a form, as shall in the judgment of the said governor, bailiffs and conservators, or any five or more of them as afore- said, prejudice, alter, turn or obstruct, or be likely to prejudice, alter, turn or obstruct the said course of tiie waters in the said One Hundred-feet River, or within the said banks thereof, then and in any or either of the said cases the said governor, bailiff's and conservators, or any five or more of them as aforesaid, are hereby authorized and empowered to strengthen and heighten the said part of the said bank where the said road crosses the same, and to alter and make the said slope on the river side of the said bank down to the water, in sucli manner and form as tlicy may from time to time order and direct, and the charges and expenccs of what sh;dl from time to time be done in pur- suance of tlie power and authority hereby given to the said go- vernor, bailiffs and conservators, or any five or more of tliem as aforesaid, shall be paid by tlie treasurer of the said trustees to the receiver of the said corporation, at his dwelling-house or oflice, within twenty-one days after demand thereof in writing made by the said receiver, specifying the amount thereof and tlie purjiose for which it was expended, unless before the ex- 778 APPKNDIX. piration of such twenty-one days any three or more of the eaid last-mentioned trustees, or their treasurer or clerk for the time being, shall object to the amount of such charges and expences, and shall deliver a statement in writing of such objections to the said receiver, and shall at the same time tender to such receiver so much money as they the said trustees shall admit to be due in respect of such charges and expences, and unless such tender shall be accepted by the said receiver, or unless any three or more of the said trustees, or their said treasurer or clerk, shall within such twenty-one days give notice in writing to the said receiver of the intention of the said trustees to appeal to the justices of the peace acting for the limit wherein such charges and expences shall have been incurred, against the amount thereof, at their next general quarter sessions of the peace (such notice to be given at least ten days before such general quarter sessions,) in which case it shall be lawful tor the said justices, at their said general quarter sessions of the peace assembled, and they are hereby required, on proof of the service of such notice, to hear, adjudge and finally determine the amount of such charges and expences, and to award such costs in the matter to the parties as they shall seem meet ; and in case the amount of such charges, expences and costs (if any such costs shall have been awarded against the appellant or appellants) shall not be paid to the said receiver at his house or office aforesaid within ten days after demand thereof in writing made by the said receiver, or in case such appellant or appel- lants shall not prosecute such appeal, the said receiver is hereby authorized and emj)owered to take, possess and enter upon any of the tollhouses and gates within the said north-west district of the said road ; and place and direct any person or persons he may appoint to receive and collect the tolls there to be received, until the sum so demanded shall be paid, together with all the expences incident to such refusal, entry and collection j such person and persons so receiving and collecting the said tolls to have the same power of taking, collecting and recovering the same as any of the toll-keepers appointed by the said trustees. Power reserved " LXI. — And be it further enacted, That if during any high to the Bedford flood, or the immediate expectation thereof, the said part of the ^*^^'*^^^°'"P°'"^" said bank where the said road crosses it, shall in the judgment d'uring hi"h ^^ ^^^^ superintendant or officer of the said Bedford Level cor- floods. poration, having the care of the said bank, be insecure, or not of sufficient height or strength, such superintendant or officer is hereby authorized and empowered to strengthen and heighten the said part of the said bank, so as to make the same secure for the time ; and the charges and expences for what shall be N so done shall be paid by the said trustees, and recovered, if not paid on demand thereof made by such receiver as aforesaid, in the same manner as is above directed, as to the charges of whai GENERAL ACTS — Rocuh. 77^ may be done to secure (he said part of the said bank under the direction of the said governor, bailiffs and conservators, or any five or more of them as aforesaid. " LXII. — And whereas the part of the said bank of the said Cuts, drains. One Hundred-feet River, from the end of Bates's Droveway to and tunnels be- the said floatina- bridp;e, miaht be rendered insecure, if cuts, ^^^ea the Wear JJllvC H.ncl tuG drains or tunnels were improperly made on any part of the land One Hundred between the said bank and the said WearDike ; Be it therefore fur- Feet River. ther enacted, Tliat if any cut, drain^ tunnel or other work shall at any time or times be there made by the said trustees, which in the judgment of the said governor, bailiffs and conservators or any five or more of them as aforesaid, shall render the said bank insecure, or occasion or be likely to occasion soakage through the same, the said governor, bailifl's and conservators or any five or more of them as aforesaid, are hereby authorized and empowered to fill up the same, and to take up such tunnels and make good the places from whence the same were taken and the charges and expences thereby incurred shall be paid by the said trustees, and the same shall be demanded and recovered in the same manner as is above directed, as to other charges and expences to be paid by the said trustees to the said receiver of the said corporation." St. Ives to Chatteris Ferry. t 1 Geo. 2. Stat. 2. c. 4. t 14 Geo. 2. c. 14, t 5 Geo. S. c. 53. * 38 Geo. 3. c. 5. * 1 Geo. 4. c. 79. March to Wisbech. t 3 Geo. 2. c. 24. t 22 Geo. 2. c. 34. Chatteris Ferry to Wisbech, Tyd, and Downham. t 5 Geo. 3.C. 83. t 7 Geo. 3. c. 100. t 26 Geo. 3. c. 133. * 47 Geo. 3. sess. 2. c. 52. * y Geo. 4. c. 73. The last act repeals all the foregoing acts, and contains the following clauses as to the corporation, and also an exemption from toll, for any beast drawing any vessel or carriage carryiu"-, or going empty to carry, or reruriiing empty from carrying, any materials or implements, or tools, fur maintaining or repairing any of the corporation Ijuidcs, or drawing any machine fo^ deepening, roding, or cleansing any river or drain adjoining or near the said roads, or for any beast ridden by any officer or 780 AITENDIX. Certain I)riilges to be repaired under tlie di- rection of the Bedford Level corporiitiou. As to Tong's Drain bridge. servant of the Bedford Level corporation, when actually em- ployed in tlie business of the said corporation. " And whereas the s.iid road between the towns of Chatteris and Wisbech Saint Peter's aforesaid is carried over the bridge called (?arter's Bridge, over V'ermuyden's Drain or the Forty Feet, over a bridge called Studbridge in Sludbridge Drove, the bridge over Moor's Drain or the Twenty Feet, and the bridge over iievill's Learn, all which bridges formerly belonged to and were repaired by the governor, bailiffs and commonalty of the company of conservators of the Great Level of the Fens called Bedford Level, but under the provisions of the said acts here- by repealed have been maintained and repaired at the expence of the said trustees : Be it enacted, Tiiat from the commence- ment of this act and thenceforth during the continuance there- ol", all the said bridges shall be maintained and repaired under the direction and inspection of the corporation officers in whose district the said bridges are situate, so often as shall be necessary, at the sole expence of the trustees of this act, out of the tolls that shall be raised thereby j and if the said trustees shall neglect or refuse to repair any of the said bridges being out of repair for the space of ten days after notice given to their clerk in writing specifying the particular bridge which wants repair, such notice to be given under the hand of the officer of the Bedford Level corporation for the time being within whose district the said bridge so wanting repair shall be situate, and left with the col- lector of the toll-gate which shall be nearest to the said bridge so wanting to be repaired, and in case there shall be two toll- gates at equal distances from the said bridge then with either of the collectors of the said tolls at either of the said gates, that then it shall be lawful for the said governor, bailiffs and conser- vators of the said corporation, or any five or more of them, whereof the said governor, bailiffs or any of them to be two, forthwith to (Hrect the repair thereof, and so soon as the same shall be repaired the said governor or bailiffs and conservators or any five or more of them, whereof the said governor or bai- liffs or any of them to be two, to order their receiver-general for the time being to draw on the collector of the tolls at the gate where the said notice was left, for the money laid out and expended by their officer in the repair of any such bridge or bridges, who shall out of the first monies that shall come to his hands by the said tolls after the said draft shall be so to him presented, pay and satisfy the same^ which draft so paid shall afterwards be allowed in his account as fully as if the same had been by him paid by order of the said trustees, the said tolls always to be liable and applicable to the payment of the said drafts prior to any charge on the same. " And whereas the said road between the town of Wisbech Saint Peter's and Downham Bridge aforesaid is carried over the bridge erected over the Tong's Drain at the entrance of the said GENERAL ACTS,.— Roads. 781 drain into Well Creek : Be it therefore further enacted, Th;it from the comuiencement of this act antl thenceforth during the continuance thereof, the road over the said bridge, and also the arch of such bridge under the said road from tlie top of the springing walls of the said arch, together with the parapets of the same bridge^ shall also be maintained and repaired so often as shall be necessary, at the expence of the trustees for execut- ing this act, out of the tolls to be raised thereby under such and the like direction and superintendence, on such and the like no- tices, and witii such and the like provisions in all respects for the repairs thereof as are hereinbefore mentioned and contained with respect to the repairs of the said bridges called Carter's Bridge and Stud Bridge, and the said bridges over Moor's Drain or the Twenty Feet and Bevill's Leam, and in no other man- ner nor by any other person or persons v/homsoever." " And whereas by an agreement bearing date the twenty- Respecting: the second day of October one thousand seven hundred aud fifty, repairs of Wal- and made between the governor, bailiffs and commonalty of the '^'"^^y company of conservators of the Great Level of the Fens called Bedford Level and the land-owners of Waldersey, it was mu- tually agreed that a certain piece of bank extending from a cer- tain place formerly called or known by the name of Baldvvyn's and since Haralyn's Gull, unto a house or site of a house for- merly called Tower House, being the bank or part of the bank of Waldersey, containing by estimation about two miles, should for ever thereafter at all times be kept supported and maintained at the joint expence of the said governor, bailiffs and common- alty and the said land-owners of Waldersey : And whereas in pursuance of the said agreement the said bank was from the time of the date and execution of the said agreement until the pass- ing of the said recited act in the fifth year of the reign of his said late Majesty King George the Third, supported at the joint expence of the said governor, bailiffs and commonalty and the said land-owners of Waldersey : And whereas by the pro- visions contained in the said recited act of the fifth year of the reign of his late Majesty the said governor, bailiffs and com- monalty and the said land-owners of V\'aldersey were during the continuance of the same act entirely exonerated from the charge and burden of supporting the said bank : And whereas part of the said roads directed by the said recited acts and by this act to be repaired passes directly over the said piece of bank from one end thereof to the other : And whereas by the said re- cited act passed in the seventh year of the reign of his said late maje:ity it was enacted. That the said governor, bailiffs and com- monalty should from and after the twenty-filth day of March in the year one thousand seven hundred and sixty-seven, and during the continuance of that act, pay unto the trustees for putting in execution the said recited act of the fiftli year of his said late majesty's reign the yearly sum of twenty pounds on the days and ^ 782 APPENDIX. times in the year in the said now reciting act in that behalf mentioned, and that the owners for the time being of such cer- tain lands in Waldersey as had contributed' to the rejjairsof the said bank should in like manner annually pay the sum of twenty pounds, which respective sums of money should by the said trus- tees be applied to^^'ards the support and maintenance of the said bank and to no other purpose w}iatsoe%'er : and whereas the said two several annual suras of twenty pounds each were from the time of the passing- of the said recited act in the seventh year of the reign of his said late majesty and until the passing of the said recited act in the forty-seventh year of the reign of his said late majesty yearly jiaid to the said trustees by the said governor, bailiffs and commonalty and by the said land-owners in Walder- sey respectively : and whereas by the provisions of the said re- cited act passed in the forty-seventh year of the reign of his said late majesty, the said two several yearly sums of twenty pounds each were increased to the yearly sums of thirty pounds each, and the said several yearly sums of thirty pounds each have been since annually paid by the said governor, bailiffs and common- alty and the said land-owners of Waldersey to the said trustees, and all the same several yearly sums of twenty pounds and thirty pounds each (together with divers other sums of money to a considerable amount out of the funds of the said trustees) have been wholly expended in and towards the support and maintenance of the said bank and to no other jjurpose : and whereas by reason of the great and heavy expences constantly attendant upon the support and maintenance of the said bank, it is expedient that the said two several yearly |)ayments of thirty pounds each should continue to be paid by the said go- vernor, bailiffs and commonalty and by the said land-owners of Waldersey respectively to the trustees for executing this The Bedford act : lie it therefore enacted. That the said governor, bailiffs and Level corpo- commonalty of the company of conservators of the Great Level tribute "oT"'- ^^ ^^^ Fens called Bedford Level and the owners for the time nually ; being of the lands in Waldersey, shall severally duri'ng the con- tinuance of this act raise and pay the respective sums of money following, videlicet, the said governor, bailiffs and commonalty shall pay or cause to be paid unto the said trustees for exe- cuting this act or to their treasurer for the time being, the yearly sum of thiitv pounds, which sum shall be paid half-yearly on the feast days of Saint Michael the Archangel and the An- nunciation of the blessed virgin Mary, by equal portions in every year, the first i)ayment thereof to begin and be made upon the and the owners fgast day of Saint Michael the Archangel now next ensuing : and of l 3. c. 47. - - Ditto. " Provided always, and be it further enacted. That it shall and may be lawful for the said commissioners assembled as aforesaid, to advance and lend out of the said rates, taxes and assessments, or any money arising therefrom, or which may be raised or bor- rowed upon the credit thereof under this act, to the governor, bailiffs and conservators of tlie Bedford Level, any sum or sums of money to be laid out and expended as hereinafter mentioned ; and the said coiiimissioners, as a security for the repayment of such sum and sums of money so lent and advanced, to take as- signments of corporation bonds or fresh bonds for any such sum or sums of money advanced since the first day of March, one thousand eight hundred and nine, to the said corporation and applied for the same purpose." Well District. + 22 Geo. 2. c. 16. - - Drainage, t 13 Geo. 3. c, 19. - - Ditto. * 41 Geo.3. c. 34. - - Ditto. GENERAL ACTS Inclosure. 7S7 Manea District. t 21 Geo. 2. c. 18. - - Drainage. * 39 and 40 Geo. 3. c. 1. - Ditto. X 44 Geo. 3. c. 46. - - Inclosure. J 6 Geo. 4. c. 65. - - Ditto. Sutton aafl Mepal District, t 22 Geo. 2. c. 11. t 3£ Geo. 2. c. IS. t 15 Geo. 3. C.65. t 17 Geo. 3. c.65. * 46 Geo. 3. c. 96. X 49 Geo. 3. c. 107. Chatteris. % 23 Geo. 3. c. 38. -• - Ploughing. :]: 49 Geo. 3. c. 107. - - Inclosure. Ramsey, Bury, Wistow, Warboys, Farcet, Standground, and Doddington — Six districts. t SO Geo. 2. c. 33. - - Drainage. This act is repealed by the 36 Geo, 3. c. 72. Ramsey, Middlemoor, &c. — Six districts. t 36 Geo. 3. c. 72. - ) Drainage, Inclosure, * 58 Geo. 3. c. 49. - ) and Turf-digging. Ramsey, Doddington, March, Benwick, Wimblinlon, and Chatteris — north of the 40 feet — Five Districts for Drainage and two for Embanking, with Toll on the 40- feet Bank. t 12 Geo. 5. c. 26. t 34 Geo. 3. c. 127. - * 39 and 40 Geo. 3. c. 40. * 56 Geo. 3. c. 3. (renewal of ihe Turnpike Road and Toll.) Ramsey and Bury District. * 44 Geo. 3. c. 15. White Fen, Benwick. X 7 Geo. 3. c. 37. .3 K Drainage, Embanking, and Turnpike Road along the 40-lect Bank. Drainage. Drainage. 788 APPENDIX. Cnrffand Normoor in Chatteris and Doddington. Two Districts. t 31 Geo. 2. c. 19. - - Drainage. Wimblinton Districts. J 8 and 9 Geo. 3. c. 30. - Drainage. * 50 Geo. 3. c. 143. 2d District. Ditto. Wimblinton Common and Fields. t 31 Geo. 3. c. 81. - - Inclosure. J 6 Geo. 4. c. 65. - - Ditto. March, &c. — Six Districts. t 30 Geo. 2. c. ^Q. 4th District. 1st and 2d District West Fen. Drainage. Ditto. Inclosure. Drainage. Ditto. Ditto. t 14 Geo. 3. c. 16. 6th District. t 32 Geo. 3. c. 108. t 35 Geo. 3. c. 48. * 50 Geo. 3. c. 78. * 9 Geo. 4. c. 40. Whittlesey. — Five Districts. •j- 22 Geo. 2. c. 19. - - Drainage.. t 12 Geo. 3. c. 27. 3d, 4th, & 5th Dist. Ditto. t 37 Geo. 3. c. 68. 2d, 3d,4lh, &5th do. Ditto. Warboj's. J 3.5 Geo. 3. c. 108. X 38 Geo. 3. c. 82. ") Drainage and J Inclosure. Raveley. X 26 Geo. 3. c. SO. Inclosure. Saw try. |44 Geo. 3. c. 13. X 47 Geo. 3: c, 42. sess. 2. Inclosure. Ditto. Glalton and Holme. t 16 Geo. 3. c. 64. * 49 Geo. 3. c. 136. Drainage. Inclosure. Denton. X 42 Geo. 3. c. Q?>. Inclosure. Stilton. J 45 Geo. 3. c. 31, Inclosure. GENERAL ACTS. — IncloSUVe. 789 * 50 Geo. 3. c. 80. Yaxley. X 7 Geo. 3. c. 14. t 13 Geo. 3. c. 46. Farceit. t 13 Geo. 3. c. 39. Standground and Farcett. % 41 Geo. 3. c. 48. Drainage. Inclosure. Drainage. Drainage. Inclosure. Drainage. Drainage. Drainage. Drainage. Drainage. ■^ ID O Barrier Bank, South side of Moreton's Leam. * 50 Geo. 3. c. 77. - - Embankment. Middle Level Rivers. t 27 Geo. 2. c. 12. - - Drainage. * 50 Geo. 3. c. 125. - - Ditto. Waldersea. t 4 Jac. 1. c. 13 This act is fully set forth in the foregoing Ap pendix. * 9 Geo. 4. c. 89- - Ladus. X 11 Geo. 3. c. 83. Bardolf, &c. * 38 Geo. 3. c. 70. Downham, &c. * 42 Geo. 3. c. 19. N. B. There does not appear any authority in this act for erecting mills upon the banks of Well Creek, and the rights of the corporation are fully reserved. Marshland, Smeath, and Fen ainage and iclosure. Magdalen. t 30 Geo. 2. c. 32. Drainage, t 24 Geo. 3. sess. 1, c. 9. Ditto. Filton. J 47Geo.3.sess.2.c.4l . Inclosure. ; t 36 Geo. 3. c. 100. f Drai I In( T3 a> 0) 03 -=5 S .s *^ ^ en •S bSi ■> = > O 'an ^ >^ a, j^ rt K VI o .J^ CS o :jk 2 790 APPENDIX. SOUTH LEVEL. SwafFham and Boltisham District. t 7 Geo. 3. c. 53. - - Drainage. t 19 Geo. 3. c. 34. - - Ditto. * 59 Geo. 3. c. 78. - - Ditto. SwafFham Bulbeck. J 38 Geo. 3. c. 81. - - luclosure. Bottisham. X 41 Geo. 3. c. 127. - - Ditto. Horningsea. X 42 Geo. 3. c. 20. - - Ditto. Fen Ditton. X 43 Geo. 3.0. 118. - - Ditto. SwafFham Prior. X 45 Geo. 3. c. 97. - - Ditto. Burwell. X 54 Geo. 3. c. 52. - - Ditto. Middle Fen District. t 31 Geo. 2. c. 18. - - Drainage. t 29 Geo. 3. c. 22. - - Ditto. * 39 and 40 Geo. 3. c. 90. - " Ditto. Fordham. X 49 Geo. 3. c. 36. - - [nclosure. Burnt Fen. Two Districts. + 33 Geo. 2. c. 32. - - Drainage. t 13 Geo. 3. c. 20. 1st District. Ditto. t 37 Geo. 3. c. 89. Ditto. Ditto. * 47 Geo. 3. sess. 2. c. 83. Ditto. Ditto. '•Provided also. That it shall not be lawful to cut so much of the bank or banks of the said river Ouse, Mildenhall, Bran- don and Lakenheath, as is situate within the limits of this act or any of them, for a waterway to any engine or engines, but sioners'officcrs. under the inspection of any officer of the said commissioners for the time being, who shall have power, in case of neglect of the owner or owners of such engine or engines, to cause good and River banks not to be cut but under the inspection of the cooimis- G£N£RAi. ACTS. — Iticlosure. 791 sufficient tunnels to be laid down, and such banks well and ef- fectually made up again and secured at the costs and charges of the respective owner or owners of such engine or engines. "Provided likewise, and be it enacted, That none of such Nor without banks as last aforesaid, shall be cut for any purpose whatsoever, consent of tbe without the consent of the governor, bailiffs, and commonalty g'edford 'l-evel. of the company of conservators of the Great Level of the Fens called Bedford Level ; and that when any cut shall be made in any of the said banks with such consent as aforesaid, the same shall be done under the direction of such officer of the said go- vernor, bailiffs, and commonalty, as they shall nominate for that purpose, but at the costs and charges of the person or per- sons applying to make the same." * 47 Geo. 3. sess. 2. c. 50. 2d District. Drainage. By the above acts the members of the corporation, their of- ficers, and also the carriage of all materials used for the repair of banks, are exempt from toll. Lakenheath and Brandon. J 8 Geo. 3. c. 47. - - Drainage. J 5d Geo. 3. c 25- - - Inclosure. Worlington. + 39 Geo. 3. c. 115. Ditto. Mildenhall. :|: 47 Geo. 3. c. 38. Ditto. * 4 Geo. 4. c. 103. 1st District. Drainage Mildenhall and Feltwell. * 9 Geo. 4. c. 44. Turnpike R Feltwell. 2d District. t 30 Geo. 2. c. 35. Drainage. t 13 Geo. 3. c. 45. Ditto. • 42 Geo. 3. c. 24. 2d District. Ditto. * 40 Geo. 3. c. 95. Ditto. Norllnvold. + 3G Geo 3. c. 14. liiclosurc. Melhwold. X 45 Geo. 3. c. 30. Ditto. liraiKJoii. ♦ 47 Geo. 3. Scss. 2- c 134. Ditto. 792 APPKNDIX. Fellw^ll. * 63 Geo. 3. c. 142. - - Inclosure. Hockwold and Wilton. * 54 Geo. 3. c. 36. - - Ditto. N. B. This act provides that the banks of the Bedford Level corporation shall not be taken as any part of the couimonsand ■waste grounds to be inclosed. Hilgay. I 4 Geo. 3. c. 21. Stoke Ferry, &c. t n Geo. 3. c, 72. * 54 Geo. 3. c. 177. Drainage. Ditto. Ditto. Reserving rights and pro- perly of the Bedford Level corporation. Commissioners not to have any power over the works of the Bedford Level corporation, in opposition to any orders made by the corporation. Reservation of rights, in case " Provided always, and be it further enacted, That nothing in this act contained, shall vest in the said commissioners, any of the drains, cuts, banks, forelands, rights, or property, now vested in, possessed by, belonging to, or under the caie or au- thority of the governor, bailiffs, and commonalty of the com- pany of conservators of the Great Level of the Fens, cr of the governor, bailiffs, and conservators of the said corporation, or shall vest in the said conimissioners, any part or parts of the said drain or cut, called Saint John's Eau, or of the banks, forelands, or sluices thereof, but that the right, interest, and property in and to the whole of such cuts, drains, banks, fore- lands, and sluices, or other works, shall remain, continue, and be as if this act had not passed. " Provided also, and be it further enacted, That nothing herein contained shall extend, or be construed to extend, to au- thorize or empower the said commissioners, or any of then), to make any order or orders, or execute any order or work, or complete any work before begun, or do any act or acts con- trary, or in opposition to, or in any respect varying from any order or orders that shall be made either before or after, by the governor, bailiffs, and conservators of the Bedford Level corpo- ration, or of any five or more of them, whereof the said go- vernor or bailiffs, or any of them to be two, touching cr re- lating to any of the rivers, sewers, drains, wear dikes, sluices, tunnels, bridges, or other works, banks, and the front and back forelands thereof, now vested in, possessed by, belonging to, or under the care or authority of the governor, bailiffs, and com- monalty of the com})any of conservators of the Great Level of the Fens, or of the said governor, bailiffs, nnd conservators of the said corporation. " Provided also, and be it further enacted. That nothing here- inbefore done by the commissioners under the said recited, or GENERAL ACTS. — IflcloSUre. 793 hereafter to be done under this present act, shall, at any time or times, exclude or prevent the governor^ bailiffs, and conser- vators of the Bedford Level corporation, or any five of them, whereof the said governor or bailiffs, or any of them, to be two, or the owners or occupiers, or other persons interested in the drainage of the South Level, under the order and direction of the said governor, bailiffs, and conservators of the said corpo- ration, or any five of them, whereof the said governor or bai- liffs to be two, from making, altering, converting, or using the said drain or cut called Saint John's Eau, and the sluice or sluices from the Ouze, into or out of the same, for the general drainage of the lands in the South Level, or for passing the waters of the Ouze above Denver Sluice, into the Ouze through Saint John's Eau, as they shall tliink proper, or to prevent or hinder the said governor, bailiffs, and conservators, or any five of them, whereof the governor or bailiffs to be two, or the said owners, occupiers, or persons interested in the drainage of the South Level as aforesaid, imder ttie order and direction of the said governor, bailiffs, and conservators of the said cor{)oration, or any five of them, whereof the said governor or bailiffs to be two, from removing obstructions, or altering any of the works of the said ccommissioners, which may obstruct, hinder, or prejuiHce the said drainage of the South Level, or the discharge of the waters of tlie Ouze, above Denver Sluice, through Saint John's Eau as aforesaid, or to subject the said governor, bai- liffs, and commonalty of the company of conservators of the Great Level of the Fens, or the governor, bailiffs, and conser- vators of the said corporation, or the said other person or per- sons acting under the order and direction of the said governor, bailiffs, and conservators of the said corporation, to any charges, expences, or damages for what they may do in removing, taking away, or altering any of the said works, or for any obstruction or alteration which may then be necessary or occasioned to tlie drainage of the said fen lands and low grounds to be drained under and l)y virtue of this act." "And be it further enacted, That if the said drain or cut called Saint John's E-iu, should, at any time, be used for the drainage of the general downfall waters of the South Level, or for the passage of the waters of the Ouze al)ove Deiner Sluice, through the said drain or cur, that then, and so long as the said drain or cut shall be so used, the bridge over the same at Down- ham !\larket shall not be re])aired or maintained l)y tiie said commissioners, but shall be repaired and maintained by tlie go- vernor, bailiffs, and commonalty of the company of conserva- tors of the Great Level of the Fens, or by the said governor, bailiffs, and conservators, or l)y the owners and occupiers «>f the lands of the Soutli l^evel, or otliers interested in the dniinage of the same, or by tiie county,"~a3 llie obligation to repair the same shall be, but that until that time the repairs and niainte- Salnt John's Eau should be used for pass- inp; the waters of the Ouze, or the downfall waters on the South LeveL Bridges over Saint John's Eau to be maintained by commissioners so lon^ as they use tlie said drain. 'M APPENDIX. Proviso as to mills built en corporation banks. Corporation to maintain the south bank of the Hundred Feet River, and west bank of the Ouze. nance of the said bridge shall belong to, and be a charge upon the said coaimissioners, unless tlie county shall be, or be found liable to the repairs thereof." " Provided always, and be it further enacted. That nothing in this act contained shall authorize or empower any of the said owner or owners of any banks or mills now standing or used, or any that may hereafter be erected or built by any person or persons under and by virtue of this act, upon any of the banks, drains, or rivers, now vested in, possessed by, or belonging to or under the care or authority of the said governor, bailiffs, and commonalty of the company of conservators of the Great Level of the Fens, or of the governor, bailiffs, and conservators of the said corporation, to continue, erect, make, or use any such bank or mills, except subject to the same provisoes, orders, powers, and authorities, as are above contained, as to the orders, powers, and authorities of the governor, bailiffs, and common- alty of the company of conservators of the Great Level of the Fens, or of the governor, bailiffs, and conservators of the said corporation, over the orders and works of the commissioners appointed under and by virtue of this act." Liltleport and Downhani District, t 29 Geo. -2. c. 22. Drainatre. " Provided also, and it is hereby further enacted. That the said governor, bailiffs and commonalty, shall keep and main- tain the south bank of the Hundred Feet River, and the west bank of the river Ouse, in like manner as they have hitherto done." * 39 and 40 Geo. 3. c. 26. * 50 Geo. 3. c. 194. Witchford. % 46 Geo. 3. c. 6. Cawdle Fen. t 1 1 Geo. 2. c. 34. * 50 Geo. 3. c. 128. Waterbeach Level. t 14 Geo. 2. c. 24. + 6 Geo. 3. c. 93. t 30 Geo. 3. c. 74. t 37 Geo. 3. c. 88. * 53 Geo. 3. c. 81.- Drainage. Ditto. Inclosure. Drainage. Ditto. Drainage. Ditto. Ditto. Ditto. Ditto. GENEUAL ACTS. IncloSUre. 795 Landbeach. X 47 Geo. 3. Sess. 2. c. 5j. Waterbeach. * 53 Geo. 3. c. 81 Haddenham Tievel. t 13 Geo. 1. c. 18. Inclosure. Inch Dr N. B. This is the first private district act within the Bedford Level. t 37 Geo. 3. c. 96. Hundred-feet Washes, t 29 Geo. 2. C.21. *52 Geo. 3. c. 145. Drainage. Embankment. Ditto. " And be it further enacted. That the said commissioners shall Commissioners make and raise a bank alone: the said washes on the side next ° ^^^^i^ u ^° iT¥ 11T-. ^T r -n • 1 -n • 1 next the Hua- the Hundred reet Uiver, irom or near lliarith Bridge to or near dred Feet "Welmore Lake aforesaid." River. " Provided always, and be it further enacted. That no bank. Works to be sluice, cut, drain, dam, tunnel, outlet, heading or other work Previously ap- whatever, shall be made or executed, or altered or commenced the corporation by the said commissioners, unless the consent of the said cor- of Bedford ])oration of Bedford Level shall have been previously obtained Level, or their for that purpose j and that all such works as the said commis- officer. sioners are by this act authorized to make, do or execute, shall be made, done and executed by them of such dimensions and with such materials, and in such manner and form as shall have been previously approved of by the said corporation, or their superintendant, or other person to be appointed by them from time to time for that purpose; and in case any work shall be made or executed, or altered or commenced, without such pre- vious consent or approbation, or shall be made of dimensions or materials, or in manner or form not approved of as aforesaid, the said commissioners shall, within a reasonal)le time after being thereunto required by the said corporation, by writing signed by the register of the said corporation, annul and dis- continue the works so made, done, executed or altered, or commenced, and restore and put the site or sites thereof into the like state as the same were in previously to the commence- ment of any such last-mentioned works, or as near thereto as possibly can be ; or the said coaunissioncrs shall, as tlie case may require, make, do, execute, and alter all such works in any such rc(juisition to be specilicd, according to the dimensions and with the materials, and in the manner and form therein set forth." 7% APPENDIX. Certain sluices " And whereas it may be necessary for the purposes of this ho^wto"be re ^^^ *" ^^^^^ '^^'^ ^^'^i'^^s (that is to say) one at the upper end of paired. *^^ ^^"'^ washes or wash lands, for the purpose of admitting the freshes or flood waters into the same, and another at the lower end of the said washes or wash lands for discharging the waters thereof, and for preventing the tidal waters from entering into and flowing up the same ; Be it furtlier enacted. That such sluices shall at all times afterwards be maintained and kept in good repair by the said commissioners, in such manner as the superintendant of, or other person to be appointed by the said corporation from time to time for that purpose, shall order and direct ; and such superintendant, or other person to be appointed as last aforesaid, shall from time to time ascertain the expences incurred in doing such repairs, and certify the amount thereof in writing, and shall deliver, or cause to be delivered, one copy of such certificate to the register for the time being, of the said corporation, and another copy thereof to the treasurer or re- ceiver for the time being of the said commissioners ; and the said corporation shall, at tReir first general meeting to be holden next after the delivery of one copy of such certificate to their said register, make order for repayment to the treasurer or re- ceiver of the said commissioners, of one moiety of the expenee of such repairs so ascertained as aforesaid, and shall cause such moiety to be paid to the said treasurer or receiver in the month of July next after such general meeting, or sooner if the said corporation shall think fit. Corporation to " And be it further enacted. That it shall be lawful for the appoint sluice g^jj corporation of i3edford Level, from time to time to appoint are'to'^beTiaici ^"^ ^^ more sluicekeeper or sluici^keepers for the purpose of by the cominis- opening, closing, taking care of and attending the sluices to be sioners. erected as aforesaid, at such times and under such orders and regulations as the said corporation, their superintendant, or any other person to be appointed by them for that purpose shall order and direct, and such sluicekeeper or sluicekeepers may be removed at the discretion of the said corporation, and every such sluicekeeper so to be appointed as aforesaid, shall be al- lowed and paid by the said commissioners such yearly salary, not exceeding tlie sum of forty shillings, as the said corporation shall direct or appoint 3 and if any such sluicekeeper shall at any time refuse, neglect or omit to open or close such sluices at such times and under such orders and regulations as afore- said, he shall on conviction tliereof before any two justices of the peace for the county or place where the offence shall be committed (wliich justices are hereby auliiorized and required to hear and determine the matter on the oath of one or more credible witness or witnesses, or the confession of the party offending) for every such offence forleit and pay any sum of money not exceeding ten pounds, as such justices shall order GENKRAL ACTS, — Jnclosiire. 797 and direct, uhich forfeiture or penalty shall be paid to the informer or informers, prosecutor or prosecutors, at such time as such justices shall direct, and in default of such payment the same shall be levied by distress and sale of the goods and chattels of the offender, by warrant under the hands and seals of any two such justices, and for want of such distress the person so offending shall be committed by any two such justices to the house of correction for the county or place where the offence was committed, there to be kept to hard labour for such time as the said last-mentioned justices shall order and direct, not exceeding three calendar months, at tlie discretion of the said last-mentioned justices." " And be it further enacted, That it shall be lawful for the The corpora- said corporation, at their discretion, to direct the bank hereby tion of Bedforc directed to be raised, to be made a haling or towing path, and ["*;7*! l?J''}'-' irom time to tmie to order and appomt the times when such when the WasI bank shall or may be used as a haling or towing path, and to Bauk may be make such rules, orders and regulations resi)ectlngthe haling or haled, towing thereon, as to the said corporation shall seem meet ; and the said cor))oration shall from time to time give notice of all such directions, orders, rules and regulations, by public adver- tisement, to be signed by their register, and to be inserted at least eight days previous to all such times respectively, in some country newspaper usually circulated in the Isle of Ely, and also by notices to be affixed at each end of the said Hundred Feet Bank, and at such other parts thereof as to them shall seem meet. " And be it further enacted, That if any person shall at any Against haling time hale with any boat, barge, lighter or other vessel, against on the bank or along ;iny part of such last-mentioned bank before the said before the sam corporation of Bedford Level shall have made or shall have ^ '" "'^'^ ^^ allowed the same to be used as a haling bank or towing i)ath, every such jierson shall, on conviction thereof before any justice of the peace for the county or place where the offence shall be committed, ft)r every such offence forfeit and pay any sum not exceeding five pounds, to be })aid to the said commissioners, and to be by them ai)plied to the purposes of this act. *' And be it further enacted, That if, during the time or times Penalty forhal when the said corporation sliall have iijjppointcd and directed '"^ ''I' ^,'"^„ ^ any such bank to be used as an haling or towing path, any jj^/aiiirthi person shall wilfully hale any boat, barge, lighter or other ^Vash Bank vessel, against or along the bank called the Hundred Feet .■.hall become j Bank, every jierson so offending and Ijcing thereof convicted ''"'"'g 'J^"''- before any justice of the peace for the county or place where the offence shall be committed (which justice is hereby autho- rized and rccpiired to iiear and detcrnunc the matter on the oath of one or mure crcdiijle witness or witnes^cs, or on tiu' confcs- fiiou of the party so oll'ending) sludl for every such offence fonfeit 798 APPENDIX. Occupiers of land near to or adjoining the Hundred Feet River, may hale on the Hundred Feet Bank in certain cases. Preserving rights of the Bedford Level corporation, and extending the same to banks, &c. of new cuts. and pay any sum or sums of money not exceeding ten pounds, as the said justice shall order and direct, one moiety of which penalty shall be paid to the person who shall inform or sue for the same, and the other moiety thereof shall be paid to the receiver general of the said corporation, for the use of the said corporation, and shall be levied by distress and sale of the goods and chattels of tiie otfender by warrant under the hand and seal of such justice ; and in default of such payment or distress, the person so offending shall be committed by such justice to the house of correction for the county or place where the offence was committed, there to be kept to hard labour for such time as the said justice shall order and direct, not exceeding three calendar months, at the discretion of the said justice. "Provided always, and be it further enacted. That nothing herein contained shall extend, or be construed to prohibit or prevent any person occupying any land lying near to or adjoin- ing the Hundred Feet River aforesaid, and conveying the pro- duce thereof along the said last-mentioned river, from haling with any boat, barge, lighter or other vessel laden with the produce of any such land along the said bank called the Hun- dred Feet Bank." South Level General. * 7 and 8 Geo. 4. c - ) Drainage and 47. - S Navigation. The corporation have power to appoint a commissioner under this act. The drainage and navigation, and Padnal and Water- den commissioners, have power over the works, subject to the following reservation clause : " And whereas by virtue of an act passed in the fifteenth year of the reign of his Majesty king Charles the Second, for settling the drainage of the Great Level of the Fens, called Bedford Level, the governor, bailiffs and commonalty of the company of conservators of the said Great Level have respectively power and jurisdiction over the several rivers and lodes intended to be scoured out and improved under the authority of this act, as well as over the said cut called Sandy's Cut, and the banks and fore- lands thereof, and the channels, banks and forelands of such parts of the said rivers Ouze and Lark as are intended to be abandoned ; Be it therefore further enacted. That nothing in the said last-mentioned act contained, shall extend or be con- strued to extend to hinder, impede or interrupt the said drainage and navigation commissioners in executing the several works by this act directed to be done, or in carrying into effect the several provisions of this act : Provided always, that all the rights, powers and authorities whatsoever which by virtue of the said act of the fifteenth year of the reign of king Charles the second, or any other act or statute whatsoever or otherwise, are now vested in the said governor, bailiffs and commonalty, or in the GENEiiAi- ACTS. — Inclosure. said governor, bailiffs and conservators, or any of them (except so far as such riglits, powers and authorities are not taken away, lessened or abridged by this act) shall for ever hereafter remain, continue and be in the said governor, bailiffs and commonalty, and in the said governor, bailiffs and conservators, and every of them, as fully and amply to all intents and purposes as if this act had not been passed > provided also, that the said governor, bailiffs and connnonalty, and the said governor, bailiffs and conservators, and every of them, shall have and possess such and the like rights, powers and authorities over the channels of the said intended new cuts, and the banks and forelands thereof, (so far as the same are not contrary to the provisions of this act,) as the said governor, bailiffs and commonalty, and the said governor, bailiffs and conservators, or any of them, now have or can exercise over the several channels, banks and forelands intended to be abandoned, or any of them, and that the said governor, bailiffs and commonalty shall not in any manner be subject to any charge, loss or damage which may arise or be occasioned by the execution of any of the works herein authorized or directed to be done ; nor shall the said governor, bailiffs and commonalty be liable in any way or at any time to the repair of the said new banks or forelands, or any of them, further than to make an annual allowance or con- tribution to the said drainage and navigation commissioners towards such repair, proportionate to the sums which may from time to time be allotted by the said governor, bailiffs and com- monalty for the maintenance of the several other banks of the said river Ouze." NORTH LEVEL. Five Di»tricts. t 27 Geo. 2. c. 19- t 11 Geo. 3. c. 78. The above acts are fully set forth in the foregoing Appendix. t 15 Geo. 3. c. 12. t 19 Geo. 3. c. 24. t 36 Geo. S. c. 73. By this act certain lands in the Xorth Level arc charged with a further tax of (><2. an acre ; and the lands called Portsand, otherwise Great Porsand, with a further tax of 3r/. an acre, and the amount thereof to be applied to the works of the corpora- tion in the North Level ; and the corporation are en)powcred. 800 APPENDIX. with the consent of certain owners, to borrow 10,000/. on their bonds. The corporation are directed to deliver a yearly account to the commissioners of the money received on account of the North Level., and of the application thereof. t 13 Geo. 3. c. 40. 2nd District. t 13 Geo. 3. c. 49. 4tli Ditto. * 39 and 40 Geo. 3. c. 91. 4th Ditto. Sutton Common. * 49 Geo. 3. c. 119. - - Drainage. Tydd and Newton. Drainage. The Outfall and Sands. t 13 Geo. 3. c. 60. * 48 Geo. 3. c. 23. * 7 and 8 Geo. 4. c. 85. This act repeals the several clauses relative to the powers of the Bedford Level corporation, under the 48 Geo. 3. c. 20., but reserves their rights as commissioners of sewers. Tid St. Mary. J 32 Geo. 3. c. 25. Leverington and Parson Drove. * 41 Geo. 3. c. 73. Wisbech, Murrow and Guyhirn. t 15 Geo. 3. c. 60. * 49 Geo. 3. c. 43. Peterborough. * 51 Geo. 3. c. 59. Borough Fen. * 52 Gee. 3. c. 143. - Maxey Deeping, &.c. * 49 Geo. 3. c. 152. - Werrington and Walton. J 49 Geo. 3. c. 82. Crowland. * 41 Geo. 3. c. 116. * 58 Geo. 3. c 78. Inclosure. Inclosure. } Inclosure and Drainage. Inclosure. Ditto. } Drainage and Inclosure. GENERAL ACTS. — Inclosure. Crowland and Eye. * 51 Geo. S. c. 54. - Turnpike Road. By this act the corporation are exempt from toll for all ma- terials for the repair of such part of the Welland Bank as ex- tends southwardly from a certain tunnel in the said bank at the end of the said town of Crowland, called the West Tunnel. Deeping Fen. t 16 and 17 Car. 2. c. U. X 22 Car. 2. c. 15. t U Geo. 2. c. 39. :|: 5 Geo. 3. c. 86. % 10 Geo. 3. C.41. t 14 Geo. 3. c. 23. t 34 Geo. 3. c. 102. * 41 Geo. 3. c. 128. Welland Bank and Road. t 12 Geo. 3. c. 103. t So Geo. 3. c. 166. By this act it is provided that a certain bar called Gilbert's Bar is to be the property of the corporation, with power to take the like tolls as are payable at the bar near Cowbitt. The cor- poration have also power to remove Gilbert's Bar to any other place, and to lessen the tolls ; but nothing- in the act is to prevent the corporation repairing the Great Bank, from the tunnel at the south-west end of Crowland^ to the end of the bank at Peakirk. South Holland Drainage, Spalding, Weston, Moulton, Whaplode, Holbeach and Sutton. t 33 Geo. 3. c. 109. Fleet. X 34 Geo. 3. c. 94. South Holland Embankment of Salt Marshes and Drain- age in Spalding, Moulton, Whaplode, Holbeacli, and Gedney. t 33 Geo. 3. c. llff. * 52 Geo. 3. c. 174. Gedney. X 31 Geo. 3. c. 49. APPENDIX. Moulton. X 33 Geo. 3. c. 73. Holbeach and Whapload Inclosnre. — Sands. * 52 Geo. 3. c. 163. Long Sutton. X £0 Geo. 2. c. 9. J28 Geo. 3. c. 54. Walpole Salt Marsh. X 29 Geo. 3. c. 43. Terrington Salt Marsh. + 30 Geo. 3. c. 17. Eye. X 1 Geo. 4. c. 16. - - Inclosure. W. Pople, Printer, 67, Cliancery Lane. UC SOUTHERN REGIONAL LIBRARY FACILITY AA 000 838 223 6