Charles II, 1670
An Act for settling the drayneing of the Fennes in Lincolnshire called Deepeing Fennes.

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History of Parliament Trust

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John Raithby (editor)

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1819

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687-690

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'Charles II, 1670: An Act for settling the drayneing of the Fennes in Lincolnshire called Deepeing Fennes.', Statutes of the Realm: volume 5: 1628-80 (1819), pp. 687-690. URL: http://www.british-history.ac.uk/report.aspx?compid=47422 Date accessed: 16 April 2014. Add to my bookshelf


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Recital of 16 & 17 Car. II. c. 11. § 2.

But that by reason of some Inconveniencies in the said Act, and other Discourage-ments, the Trustees had delayed to proceed till by a Decree of Sewers made at a General Sessions of Sewers at Spalding, in the County of Lincoln, 14th April 21 C. II. it was decreed as herein mentioned; and that the said, Trustees had been encouraged to proceed by the said Decree until an Act of Parliament could be obtained, and that in Confidence there of they had expended great Sums of Money in the said Work; If the Trustees should be delayed by the Weather, &c. and so adjudged by six or more Commissioners; and should within Half a Year from the passing of this Act repair Douzens and Hawthorne Banks, then Three Years further allowed for finishing.

Whereas by an Act of this present Parliament made at a Session held in the Sixteenth and Seaventeenth yeare of His Majesties Raigne entituled An Act for drayneing the Fenns called Deeping Fenns and other Fenns therein mencc[i]ooed It is amongst other things enacted, That the Trustees therein named their Heires and Assignes should drayne the said Fenns in manner as is therein expressed within the Space of seaven yeares then next ensueing But by reason of some inconveniencies in the said Act and other discouragements the said Trustees have delayed to proceed in the said worke; till by a Law Order and Decree of Sewers made at a Generall Sessions of Sewers holden at Spalding in the County of Lincolne the Foureteenth Day of Aprill in the One and twentieth yeare of his said Majesties raigne, it was adjudged ordered and decreed That in case the tyme remaineing and then yet to come of the seaven yeares aforesaid by reason of the unseasonablenesse of the weather or other unavoidable accident should not be sufficient for the compleateing and finishing the said worke, and should be soe adjudged and declared by six or more of the Comissioners of Sewers of the County of Lincolne, whereof three to be of the Hundred of Nesse at their Publique and open Sessions to be holden at Spalding aforesaid And the said Trustees their Heires and Assignes should within one halfe yeare after makeing the said Order and Decree of Sewers sufficiently maintaine and repaire the Banck called Hawthorn Banck and the Banck called the Douzens and soe from tyme to tyme should maintaine and preserve the same then the space or time of three yeares should be added and granted to the said Trustees their Heires and Assignes for the better effecting and finishing the said worke; And further it was then adjudged ordered and decreed by the said Comissio?: of Sewers That from thenceforth it should and might be lawfull for the said Trustees their Heires and Assignes to take Earth and Manure for the makeing and repaireing any the Bancks made or to be made for the drayneing and preservacc[i]oon of the said Fenns on the River or Washside in such proporc[i]on as need should require and where Earth sufficient could not be had on that side that it should and might be lawfull for the said Trustees their Heires and Assignes to take Earth and Manure on the Land side or inside of any the said Banks not exceeding sixscore foote distance from any the said Banks without payeing any satisfaccton: for the same, except for cutting or covering such Grounds as were then severall for which satisfaccton should be made and given by the Comissioners of Sewers appointed by the said Act in such manner as by the said Act of Parliament is limitted and directed And it was then alsoe adjudged ordered and decreed by the said Comissioners of Sewers that noe satisfaccton should be made or given to any person or persons for any losse or damage which by reason of any breach or overflowing hath or shall hereafter happen to any the Fenns [co[m]only (fn. 2) ] called Deepeing Fenns or other the Fenns by the said Act of Parliament intended to be drayned, for as much [as (fn. 2) ] the said Trustees their Heires and Assignes would be the greatest sufferers thereby By which said Law Order and Decree of Sewers the said Trustees their Heires or Assignes haveing been encouraged to proceed in the drayneing of the said Fenns untill an Act of Parliament might be obtained for their better assureance and security, And in confidence thereof haveing already expended great sumes of money in the said worke Bee it therefore enacted by the Kings most excellent Majestie by and with the Consent of the Lords Spirituall and Temporall and Co[m]ns in this present Parliament assembled and by the Authority of the same That in case the tyme remaineing and yet to come of the seaven yeares afore mencc[i]ooed by reason of the unseasonablenesse of the weather or other unavoidable accidents shall not be sufficient to compleate and finish the said worke and shall be soe adjudged and declared by six or more of the Comissioners of Sewers of the County of Lincolne whereof three to be of the Parts of Kesteven not interested in the said undertakeing at their publique and open Sessions to be holden at Spalding aforesaid And the said Trustees their Heires and Assignes shall within one halfe yeare after the passing of this Act sufficiently [maintaine and (fn. 2) ] repaire the said Bank called the Douzens and the said Bank called Hawthorne Bank and soe from tyme to tyme shall maintaine and preserve the same then the space or tyme of three yeares shall be added and granted unto the said Trustees their Heires and Assignes for the better effecting and finishing the said worke,

II. Trustees may take Earth and Manure for Repairs;

and if need be, from the Land Side or inside of the Banks, without paying, except as herein mentioned.

And further, bee it enacted by the Authority aforesaid That from henceforth it shall and may be lawfull for the said Trustees their Heires and Assignes to take Earth and Manure for the makeing and repaireing any the Banks made or to be made for the dreyneing and preservacc[i]on of the said Fenns on the River or Wash side of any the said Banks in such proporcc[i]oon as need shall require, and where Earth sufficient cannot be had on that side it shall and may be lawfull for the said Trustees their Heires and Assignes to take Earth and Manure on the Land side or inside of any the said Banks not exceeding sixscore foote distance from any of the said Banks without paieing any satisfacc[i]oon for the same except for cutting and covering such Grounds as now are severall for which satisfacc[i]oon shall be made and given by the Comissioners of Sewers appointed by the said Act in such manner as [in and (fn. 2) ] by the said Act of Parliament is limitted and directed

III. No Satisfaction for; overflowing, &c. as the Trustees will be the greatest Sufferers.

And further be it enacted by the Authority aforesaid That noe satisfacon shall be made or given to any pp[er]son or pp[er]sons for any losse or d?mage which by reason of any breach or overflowing hath or shall hereafter happen to any the Fenns now coo[m]only called Deeping Fenns or other the Fenns by the said Act intended to be drayned, forasmuch as the said Trustees their Heires and Assignes will be the greatest sufferers thereby Any thing in the said Act to the contrary notwithstanding

IV. Recital that by the said Act 3,500 Acres, and 1,500 Acres were added to the Trustees, to be set out as therein mentioned.

The said Trustees to hold the same.

And whereas by the said Act Three thousand five hundred Acres, and One thousand Acres and Five hundred Acres are added and allotted to the said Trustees their Heires and Assignes Which said Three thousand five hundred Acres One thousand Acres and Five hundred Acres were to be admeasured by Statute Measure by two Artists and sett out by them at the charge of the said Trustees their Heires or Assignes or the Survivor of them one to be chosen by the Comissioners of Sewers for Kesteven and Holland and one other by the said Undertakers; Which said Three thousand five hundred Acres, and One thousand Acres and Five hundred Acres have been since admeasured and sett out according to the direccc[i]oons in the said Act Bee it therefore enacted by the Authority aforesaid That the said Trustees their Heires and Assignes shall hold and enjoy the same as they are soe sett forth or now enclosed

V. Persons stopping Rivers or Drains, cutting Banks, &c. (Exception) to make Satisfaction to Party, or punished.

And for the better security and preservacc[i]oon of the said works Bee it enacted by the Authority afores? That if any person or persons except such as shall be authorized by the said Trustees their Heires and Assignes shall wilfully or maliciously stopp any River or Drayne cutt breake or throw downe any Bank Sluce or other worke made or to be made, within or without the said Fenns except as in the said Act is limitted and permitted such person or persons offending as afores[ai]d shall make full satisfacc[i]oon to the person and persons as shall be injured thereby to be recovered by an Accc[i]oon in any of His Majesties Courts of Record at Westminster wherein noe Essoigne Proteccc[i]oon or Wager of Law shall be allowed and in case he or they soe offending shall not be able to give or make satisfacc[i]oon as aforesaid then such person or persons shall and may be prosecuted and punished for the same as in the case of cutting the Poe Dik in Marsland is provided

VI. Undertakers, Owners of 250 Acres or upwards, may meet at the Times and Place herein mentioned, and impose an Acre Tax on the 10,036 Acres;

and also a Penalty,; If Tax not paid, then such Penalty to be levied.; Proceedings if Tax and Penalty be unpaid until the Thursday next after the Second Sunday in April.; Receiver on Warrant may enter Lands and take the Rents, &c. till Tax and Penalty satisfied. Proceedings if Tax and Penalty with such other Tax and Penalty not paid before the Thursday next after the Second Sunday in the next April.

And for the more convenient layeing and leavying of Taxes, and for the better security of all such persons as shall become Participants and Adventurers in the said work under the said Trustees their Heires and Assignes Bee it enacted by the Authority afores? That the Undertakers in the said Act mencc[i]ooed their Heires and Assignes or any three or more of them each of them being Owner of Two hundred and fifty Acres or more part of the Tenn thousand thirty six Acres by the said Act made chargeable with Taxes for carrying on the dreyneing of the said Fenns shall and may at a Publique Meeting of the said Undertakers to be holden at the Towne of Spalding in the County of Lincolne on [the (fn. 3) ] Thursday next after the second Sunday in Aprill yearely at which tyme) and place the said Undertakers are hereby enjoyned to hold their publique meeting once in every yeare for ever hereafter) assesse and rate an equall Acre Tax on all and every the said Tenn thousand thirty six Acres to be paid on the Tenth Day of October then next following and alsoe impose a Penaltie not exceeding the third part of the said Tax, and if the said Tax be not paid by the respect;ive Undertakers at or before the Tenth Day of November then next following then such Undertakers soe faileing shall forfeit the Penaltie imposed to be leavyed together with the said Tax by sequestracc[i]oon and sale of the Land of such Undertakers in such manner as is herein after expressed (that is to say) if the said Tax and Penaltie or any part thereof be unpaid untill the Thursday after the second Sunday in Aprill then next following that it shall and may be lawfull for the said Undertakers or any three or more of them qualified as afores[ai]d at their publique meeting on the last mencc[i]ooed Thursday at the Towne of Spalding aforesaid by a Writeing under their Hands and Seales to that purpose made and directed to their Receivo (fn. 3) for the tyme being to cause to be seized and sequestred the Lands for which such Tax and Penaltie shall be soe in arreare, And the said Receivor is hereby enabled upon receipt of such Writeing to enter upon the said Lands and to take receive and leavy the Rents Issues and Profitts thereof till the said Tax and Penalty due as aforesaid be fully satisfied the same to be imployed for the dreyneing and preserving the said Fenns without any accompt to be given thereof to the Owner or Owners of such Lands And if the said Tax and Penaltie with such other Tax and Penaltie as shall be due dureing the said Sequestracc[i]oon shall not be fully satisfied before the Thursday next after the second Sunday in Aprill then next following that it shall and may be lawfull for any three or more of the said Undertakers qualified as afores? at their then publique meeting at the Towne of Spalding aforesaid by Deed under their Hands and Seales duely executed and enrolled or entred within three moneths then next following with the Register of the said Undertakers in his Register Booke for entering Conveyances to bargaine and sell to any pp[er]son or pp[er]sons such or soe much of the said Lands for which such Tax and Penaltie shall be in arreare as shall be sufficient to satisfye the said Tax or Taxes and Penalties in arreare and to returne the Overplus of the money (if any be) to the Owners of the said Lands Which Deed soe executed and enrolled or entered is hereby enacted to be a sufficient Conveyance of the said Lands to such person or persons to whom the same shall be bargained and sold as aforesaid

VII. No Tax laid at any other Time.

And be it enacted that noe Tax for dreyneing or preserveing the said Fenns shall at any tyme hereafter be taxed or leavyed at any other tyme or in any other manner then is herein before expressed

VIII. If Money raised on Lands, &c. of Undertakers, or their Tenants, by Authority given to Commissioners of Sewers, and Treasurer to the Undertakers do not satisfy the same, with Damages, within 20 Days from Demand;

then Persons damnified may divide such Monies and Damages, and charge Owners of the 10,036 Acres proportionally. Such Owners not paying in 20 Days from Demand, Action for Persons damnified.

And be it further enacted by the Authority aforesaid That if any sume or su[m]es of money shall be raised or leaved by vertue of the Authority given by the said Act to the Comissioners of Sewers upon the Lands Goods or Chattells of the Adventurers or Owners of the said Tenn thousand thirty six Acres or any of them or upon the Lands Goods or Chattells of any their respective Tenants Farmors : or Occupiers for any the matters or things in the said Act mencc[i]ooed if the Treãr for the tyme being to the said Undertakers shall not within Twenty Dayes after demand made pay and satisfye the same with such Daāages as such person or persons shall susteyne thereby to such person or persons on whose Lands Goods or Chattells any sume or sm[m]mes of money shall be raised or leavyed as aforesaid that then the person and persons soe dampnified shall and may devide the said su[m]me or su[m]es of money leavyed on him or them as aforesaid together with his or their D?mages susteyned thereby into equall proporcc[i]oons to be charged on every the Owners of the said Ten thousand thirty six Acres in a rateable way according to their respective number of Acres, and if any such Owner shall not within Twenty Dayes after demand pay to the partyes soe dampnified his respective part or proporcc[i]oon thereof such person or persons soe dampnified shall and may recover the same by Accc[i]oon of Debt against the person or persons soe neglecting or refuseing to pay the same in any of His Majesties Courts of Record at Westminster in which Acc[i]oon noe Essoigne Proteccc[i]oon or Wager of Law shall bee admitted.

IX. Six or more Commissioners of Sewers for the County of Lincoln may direct cutting of Banks for laying down Tunnels as herein mentioned, but not to charge Trustees.

Provided alwaies and bee it further enacted that it shall and may bee lawfull for six or more of the Comissionp[er]s of Sewers for the County of Lincolne to direct the cutting of any the Bankes in the said Parts of Holland without the said Fenns for the laying downe any Tunnell or Tunells in such place or manner as to them shall seeme meete for the takeing in or letting out of Water to any the Lands of Spalding Pinchbeck or Weston but the said Trustees their Heires or Assignes shall not stand chargeable therewith nor shall be lyable to make or give any satisfaccc[i]oon for any damage hapning thereby

X. Proviso respecting taking Waters out of the Rivers of Glean and Welland.

Action against Offenders.

And bee itt further enacted that it shall not be lawfull for any person or persons whatsoever to lett or take any Waters out of the Rivers of Glean or Welland into any other place or places then into the places afore mentioned or into the Fenns co[m]monly called Deeping Fenns but the said Trustees their Heires or Assignes their Servants or Agents or any other person shall have power imediatly to stop the same and alsoe shall or may recover D?mages against such person or persons soe offending by Accc[i]oon in any of His MaMaj[es]tiesties Courts at Westminster in which Accc[i]oon noe Essoigne Proteccc[i]oon or Wager of Law shall bee admitted. Any Law Statute Costome or Usuage to the contrary in any wise notwithstanding

ITEM quædam petitiones privatas personas concernentes (in se formam Actus continentes) exhibite fuerunt, predicto Domino Regi in Parliamento predicto, quarum tituli subscribuntur.

1. An Act for John Mannors, called Lord Roos, to marry againe.

2. An Act for setleing certaine charitable Uses devised by John late Bishop of Rochester.

3. An Act for to enable Anthony Ashley Esquire Sonne of the Lord Ashley to acknowledge Fines and suffer Recoveries of Lands and Hereditaments whitest he is under the age of twenty and one yeares.

4. An Act for setleing part of the estate of Dame Susan Bellasis Widdow late Wife of Sir Henry Bellasis deceased.

5. An Act for confirmeing Purchasers Estates and for setleing the differences betweene the Lady Elizabeth Lee, and the daughters and Coheires of the late Earle of Downe.

6. An Act to enable the Trustees for the Lord Viscount Strangford of the Kingdome or Ireland to sell certaine Lands for the payment of the remainder of his debts.

7. An Act for the enableing Sir William Gostwicke Knight to make a Joynture to Dame Mary his wife.

8. An Act for confirmeing the Estate of Sir Ralph Bankes in the Mannour of Thesbestet alias Thirsbestet and other Lands in the County and County and Burrough of Carmarthen.

9. An Act for sale of Lands to pay the debts and raise portions for the younger children of Sir Cuthbert Heron Baronet.

10. An Act to enable Dame Elizabeth Routh Mother (and Executrix of the last Will and Testament) of Dorothy Farewell Widdow deceased late the Relict and Executrix of John Farewell late of the Inner Temple London Esquire, to sell certaine Lands for the payment of debts.

11. An Act for setleing the Mannour or Lordshipp of Firbecke in the County of Yorke and other Lands therein mentioned on Trustees to enable them to sell the same for the payment of debts.

12. An Act for the building of a Mansion House for the Deane of Saint Pauls Church London.

13. An Act concerning the disposeing of a house and Lands belonging to the Sisters and Coheires of Margaret Strode.

14. An Act for endowment of a Church at Shadwell now in the Parish of Stepney in Midlesex and makeing of it Parochiall distinct from Stepney

15. An Act for setleing the draining of the Fenns in Lincolnshire called Deeping Fenns.

16. An Act for makeing navigable the Rivers commonly called Brandon and Waveney.

17. An Act to enable Thomas Hord Esquire to make Leases of his Estate.

18. An Act to enable Richard Beckham and others to sell Lands to pay his Fathers debts and to raise portions for his younger brothers.

19. An Act to enable John Bill Esquire to sell certaine Lands in Kent and Surrey.

20. An Act for enableing Thomas Leigh Esquire to sell part of his Lands for payment of debts.

21. An Act to enable Robert Hotchkin to sell Lands to pay debts and raise portions for daughters.

22. An Act to enable Henry and Jane Perkins to ensure to Doctor Wharton Lands purchased in the County Palatine of Durham.

23. An Act to enable Thomas Davison to sell Lands to pay debts and provide for younger Children.

24. An Act for the naturalization of Captaine Christopher Gunman and others.

25. An Act for the naturalizing of Horatio Woodhouse and others.

Footnotes

1 From the Original Act in the Parliament Office.
2 interlined.
3 interlined.