Trunk Drainage. 
19 
established in tlie administering of cures to our troublesome 
watercourses. In the fens of Lincolnshire and Cambridgeshire, 
the marshes and moors of Somersetshire, and Romnej and other 
marshes in Kent and Sussex, arose the first drainage regulations, 
and from the " common law " or ancient usage of the realm ob- 
served in all such levels emanated the Commissions of Sewers, 
which were appointed to conserve the public drains and works 
in various counties. Lands had been partitioned by ditches ; 
crests, cradges, and ward-dykes constructed to hold off fen-waters 
from inned grounds ; embankments of considerable magnitude 
built against the tides of estuaries ; bridges, sluices, and tunnels 
made ; and when these needed repair, or the natural watercourses 
broke tlieir bounds, to the danger and detriment of the country, 
the Sovereign, as keeper of the soil of his kingdom, was appealed 
to, to settle and enforce the performance of the subject's duty, 
Tlie share of work at first allotted to each town was the mending 
or enlarging:, as the case mi^ht be, so much of the bank or 
channel as passed through or contiguous to that town or parish. 
This custom might assign each parish its due proportion, but did 
not insure an equitable subdivision of the charge among the 
inhabitants ; hence a further regulation grew into existence 
which, " using no favour either to rich or poor," apportioned the 
labour according to the number of acres belonging: to each indi- 
vidual, the extent of his commons, or the proceeds of his 
fishery. 
In the inland valleys a very different order of operations was 
followed ; instead of cleansing and opening for agricultural pur- 
poses, damming the streams was resorted to, partly for the sake 
of fishings, and principally for water to turn the clumsy wheels 
of water-mills. All manner of obstructions were suffered to 
impede the rivers, small and great, until the complaints and 
gathering outcries of injured interests roused the protecting care 
of the State. Thus many statutes -were enacted against " weares, 
gorces, stankes," &c., as the 9th of Henry III., iterated by the 
25th of Edward I., augmented by the 25th and 45th of Edward 
III., the 21st of Richard II., the 1st and 4th of Henry IV., and 
the 12th of Edward IV. 
Commissions were issued by the King for the removal of 
nuisances and maintenance of works, to certain individuals in a 
district for a limited time, by virtue of which the commissioners 
might enforce defaulters to their duty by distraining and amercing, 
and even imprisoning ; all this being according to the common 
law. The first statute authorizing them was the 6th of Henry VI., 
while subsequent statutes in the 8th, 18th, and 23rd of Henry VI., 
the 12th of Edward IV., and the 6th of Heniy VIII. extended or 
prolonged their powers. A statute of the 23rd of Henry VIII. 
c 2 
