Commissions of sewers

It appears that previously drainage issues had been dealt with by commissions of oyer and terminer, sittings of judges of assizes to resolve disputes.

Henry of Bath sat on such a commission in 1257 to decide a dispute between landowners over the maintenance of ditches and flood defences on Romney Marsh.

After passing judgement he was appointed to another commission of oyer and terminer the following year that looked into the matter of flood defences in the area.

[2] Commissions de wallis et fossatis were established by the later part of the century, the first on the River Thames (at West Ham) was convened in August 1280.

[1] The commissions drew their members from the local landowners, supplemented with a small number of civil servants and court officials.

[1] Their remit extended to embankments and drainage ditches (often referred to as sewers, though not in the modern sense) and the commissions had powers to exact funds for repairs from landowners they deemed to be negligent.

[5] Climatic conditions in the early 14th century led to worse flooding and the need for additional defences in the East of England and Somerset.

Many landowners refused to take responsibility for the works and commissions de wallis et fossatis had to be formed in order to compel defences to be built.

[9] Continued increase in labour costs and a drop in grain and livestock prices made farmland less valuable so there was likely a reduction in the number of petitions sent to the crown.

The purpose of the statute may have been to encourage the wider adoption of best practices in use at Romney Marsh, where flood defences were supervised continuously by local officials.

[13] A jury presented evidence to the court of the state of drainage and flood defences and suggested persons who should be liable to pay for their upkeep.