Statutes of the Realm: Volume 5, 1628-80. Originally published by Great Britain Record Commission, s.l, 1819.
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Recital of an Order by Commissioners of Sewers, 20th August 41 Eliz.; another Order, that Thomas Lovell Esquire should be admitted to undertake the draining of Deeping Fen.
The said Orders confirmed by Parliament, I Jac. I. pr. ; Recital that the said Thomas Lovell entered on the said Lands; and that by the Neglect of the Assigns of the said Thomas Lovell the said Lands, and also other Lands in Holland; have been overflowed.; The said former Decrees and Act of Parliament repealed, except as herein mentioned.
Whereas at a Session of Sewers holden at Bourne in the County of Lincolne the Twentieth day of August in the One and fortieth yeare of the Raigne of Queene Elizabeth for the Recovery and dreyning of certaine Fennes in Holland and Kesteven in the County of Lincolne called or knowne by the names of Deeping Fenn Pinchbecke and Spalding South Fenn Thurlby Fenn Bourne South Fenn and Croyland Fenn al[ia]s Goggushland It was by the Commissioners then and there assembled ordered and decreed That the Summe of Twelve thousand pounds should be levyed and gathered upon the Lords and Inhabitants of certaine Townes in Kestiven and Holland Commoners in the said Fennes for drayning the same and should bee paid in to certaine persons therin nominated to receive the same at or before the Tenth day of September then next ensueing which said summe being negclected to be paid the said Fenns by reason therof could not, bee drayned according to the Forme by the said Law intended The said Comrs therefore well tendering the great proffitt that would arise to all persons concerned and to the Co[m]monwealth in generall if the same might be drained At severall Sessions of Sewers held at Markett Deeping the Twentieth day of September in the said One and fortieth yeare of Queene Elizabeth and at Market Deeping aforesaid the Twentieth day of August in the Two and fortyeth yeare of the Raigne of the said Queene did ordaine and decree That the said Fennes and Marsh Grounds should be forthwith taken in hand to be drayned And that Thomas Lovell Esqq[uire] (a man skilfull in workes of that nature) should be admitted to undertake the same under the Covenants therin mentioned, And in pursuance therof the said Thomas Lovell did undertake the said Workes and made some progress therin And afterwards one third part of the said severall Fennes were by the said Commissioners of Sewers sett out by Meets and Bounds and allotted to the said Thomas Lovell in recompence of his costs charges [and endeavours applyed and expended therin, And after the said third part was by the [s[ai]d (fn. 2) ] Comrs of Sewers decreed to the said Thomas Lovell and his Heires in recompence of his said worke of drayning and of his charges and expences therin To have and to hold to the said Thomas Lovell his Heires and Assignes for ever And whereas by an Act of Parliament made at Westminster in the First yeare of King James entituled An Act for releife of Thomas Lovell Esqq[uire] the above recited Decrees of Sewers were ratified and confirmed and the said third part of the said Fenns and Marsh Grounds as they were allotted and sett out by the said Co[m]mis?ers were by the said Act ordained enacted and established to be held by the said Thomas Lovell his Heires and Assignes for ever under the Provisoes Conditions and Appointments in the said Decrees and Act of Parliament mentioned and expressed as by the said Act of Parlyament and Decrees of Sewers more fully may appeare And, whereas the said Thomas Lovell immediately after the makeing the said Act of Parlyament entered into the said Lands sett out and assigned as a third part of the said severall Fennes and by vertue of the said Decrees and Act of Parliament became seised therof and he and his Heires and Assignes have ever since till of late yeares held and enjoyed the same untill (by some negclect in the Assignes of the said Thomas Lovell and Fayler in the maintaining scowering and cleansing the said Banckes Rivers Sewers and other Workes necessary thereunto) occasioned by some differences arising betweene the said Assignes of the said Thomas Lovell and the Lords Owners and Commoners of the said Fennes about the enjoyment of some additionall recompence alloted to the said Assignes of the said Thomas Lovell by a subsequent Law of Sewers (made at Spalding) not onely the said Fenns and Marsh Grounds are returned into their auncient condition of being hurtfully surrounded and annoyed with Waters but a great and considerable part of some adjacent Townes of Holland have beene overflowed and laid desolate and many Habitacioc[i]ons and Families who formerly lived comfortably there, utterly ruined and destroyed thereby and yet continue in manifest danger in all seasons of wett weather and floods to fall into the said calamities Which great mischeife is by long and indubitable experience found to arise principally from severall imperfections in the said Decrees & Act of Parliament To the end therfore that the said Country being in its owne nature very rich and fertile and wherin the King, and Queenes Ma?ye His Mother have large Possessions (and many auntient Families and Inhabitants their whole subsistance) may not longer remaine in such manifest danger of being utterly lost nor the Commonwealth continue longer deprived of those advantages which would arise from the performance of the said Workes Bee it enacted by the Kings most Excellent Majestye by and with the consent of the Lords Spirituall and Temporall and Comons in this present Parlyament assembled and by the Authority of the same That the said Decrees and Act of Parliament above mentioned and every Clause Article and thing therin contained other then such as are herein after mentioned enacted ratified and confirmed shall be and are hereby repealed and made void to all intents and purposes whatsoever
II. Recital that the Earl of Berkshire, Lord Andover, &c. have formerly held and derived Title, by Conveyances from William late Earl of Exeter and Elizabeth late Countess of Exeter, in the said third Part of the Lands so allotted to the said Thomas Lovell, and other Proportions, and that the said Earl, &c. had expended great Sums of Money in draining, and are ready, as herein mentioned, to complete the same. ; Edward Earl of Manchester and others named Undertakers to drain the Fens.
What they undertake to do.; The Undertakers to maintain the Banks forever; and to cleanse Glean and Welland Rivers, and keep them Navigable.; What Streams they may divert.; To acquit all other Persons of the draining and repairing.
And in as much as the Right Honble Thomas Earle of Berkshire and the Lady Elizabeth, his Wife and Charles Lord Howard of Charlton commonly called the Lord Viscount of Andover their Eldest Sonne and Heire Apparent The Right Honourable Robert Lord Bruce Baron of Wharlton in the Kingdome of England and Earle of Elgin in the Kingdome of Scotland and the Lady Diana his Wife The Right Honourable Anne Countesse of Stamford and Thomas Lord Grey of Groby have formerly held and derived to themselves with Remainders over to severall other Persons by severall Conveyances from or under the Right Honourable William late Earle of Exeter and Elizabeth late Countesse of Exeter or one of them severall Interests in the said third part of the said Lands allotted to the said Lovell his Heires and Assignes and to other proportions by subsequent Decrees of Sewers and towards the drayning and maintaining therof they the said Right Honourable William late Earle of Exeter and Elizabeth late Countesse Dowager of Exeter under whom or one of whom they clayme, and Thomas late Earle of Exeter from whom the said William late Earle and Elizabeth late Countesse Dowager of Exeter derived their Title have expended severall great Summes of Money but have not soe fully effected the said Workes nor introduced those Benefitts & Advantages which were expected And for reason doe alleadge that the third part and subsequent Allotments are not recompence sufficient to answere the charge of a more perfect performance of the said Worke but offer to proceed and perfectly to effect the same if they may have a sufficient recompence and compensation for their Hazard Charge and Paines therin Bee it enacted by the Authority aforesaid That Edward Earle of Manchester Lord Chamberlaine of His Majesties Household William Earle of Devonshire John Lord Berkley of Stratton Anchatill Grey Esquire Henry Grey Esquire and their Heires and Assignes and the Survivour of them shall bee and are hereby declared to be the Undertakers for the drayning of the said Fenns and every of them in trust to and for such person and persons and to such Intents and purposes as are herein after mentioned, And that within the space of Seaven yeares next ensueing they their Heires and Assignes shall and will at their proper. Costs and Charges recover and make dry the said Fennes and every of them and make the same firme and depasturable for Catle at all times of the yeare except Two or three hundred Acres or therabouts in the said Fenns called Deeping Fenn and Goggisland, and Forty Acres or thereabouts in the said Fenns called Thurlby Fenn and Bourne South Fenn which are to be left for Lakes and Sykes for the receipt of Waters within the same And alsoe except such Draines and Sewers as now be or hereafter shall be made within the said Fenns or any of them for the draining therof, and soe much of the Grounds adjoyning to the Rivers Draynes and Sewers within the said Fenns as lye or shall lye betweene the said Rivers Draynes or Sewers and the Banckes made or to be made for keeping the Waters lyeing in the said Rivers Draines or Sewers from overflowing the rest of the said Fenns And alsoe shall for ever hereafter at their owne Costs and Charges not onely repaire exalt maintain and keepe as need shall require the Banckes environing and encompassing the said Fenns and every of them but alsoe the Bancke on the East side of the River of Welland from a place in Crowland called Brother House to Spalding High Bridge, And alsoe the Bancke on the North side of the River Gleane from Gutheram Coate to a place called Dovehurne in Pinchbecke and therof and of all and every the said Bancks above named shall for ever hereafter exonerate acquitt discharge and save harmelesse as well the Kings Majestye His Heires and Successors as the Queene Dowager her Tennants and Under Tennants and all other person and persons theire Heires and Assignes of and for their repairing and amending of their severall parts and allotments of the same but alsoe that they the said Trustees theire Heires and Assignes, and the Survivor of them at theire owne proper Costs and Charges shall for ever maintaine and keepe the Rivers of Gleane and Welland with sufficient Dyking Roading Scowering and Bancking (vizt) The River of Welland from the Outgang at the East end of East Deeping leading into the said Fenns unto the Outfall therof into the Sea, And to preserve and maintaine the Navigation therof without Imposition or paying any thing whatsoever for the same but with liberty to alter and divert the Course and Channell of the same into any other part or parts of the said Fenns before it cometh to the said Corner of Deeping Fenn abutting upon Hawthorne. Bancke from whence through the said Towne of Spalding as it now passeth to the Sea it shall not be lawfull to divert the Course therof And with like liberty to divert the [s[ai]d (fn. 3) ] River of Gleane before it cometh to the place called Pinchbecke Barres or Dovehurne in Pinchbecke from which place called Dovehurne through the said Towne [and the Towne (fn. 3) ] of Surflett as it now passeth to the Sea it shall not be lawfull to divert the same or prejudice the Navigation therof And all manner of Draines Sewers and Passages for Waters, and other Waterworkes whatsoever which now are or hereafter shall be made within or without the said Fennes for the draining of the said Fenns or any of them which shall be necessary to be made or continued in order to the preserving the said Fenns from surrounder And therof and of all and every the said Rivers to discharge exonerate acquitt and save harmeles as well the Kings and the said Queenes Majesties His Heires and Successors their Tennants and Undertennants as all other person and persons their Heires and Assignes of and for the repairing and amending of their severall parts ?d allotments in them and every of them
III. The said Trustees to make and maintain Bridges with Gates over the drained Lands.
And bee it further enacted by the Authority aforesaid That the said Trustees their Heires and Assignes or the Survivor of them shall at their owne proper Costs and Charges make sett downe and maintaine such reasonable and convenient Bridges wth Gates unto the same in widenes not exceeding twelve Foote being well and sufficiently railed or walled against the sides as well over any Draine on Ditch now made or hereafter to be made wherby passage may be had into the Fenns in such and soe many fitt and convenient places as shall be thought fitt and ordered by any six Commissioners of Sewers for the said County of Lyncolne in their publique and open Sessions and the same shall for ever keepe and maintaine for convenient and ready passage with Carts and Carriages and all sorts of Catle into and forth of the said Fenns and every of them
IV. May desert, widen, and continue Drains, Sewers, and Ditches at their Pleasure.; making Satisfaction to Persons suffering Damage.; inhabitants of Spalding may set down and stop Sluices, Tunnels, &c. (Exception) as two Commissioners of Sewers in Holland may judge necessary.
And it is further enacted by the Authoritie aforesaid That the said Trustees their Heires and Assignes or the Survivor of them for the better draining and keeping dry of the aforesaid Fenns shall and may at their wills and pleasures desert or maintaine and continue all such Draynes as now are in the said Fenns or any of them at the old or accustomable widenes and breadth or otherwise enlarge the same at their will and pleasure within the said Fennes And likewise may at their will and pleasure make any new Draines Ditches and Sewers within the said Fenns or any of them or without towards the Sea of what quantity depth or widenes they shall thinke best which Draynes and every of them shall have liberty to run above the Soyle soe as the waters of the same be kept within the Banckes of the severall and respective Draynes now made or hereafter to bee made except soe much of the said waters as unavoidable shall soke through the Banckes for which alsoe satisfaction is to be made to any person or persons suffering damage thereby as shall be awarded by the said Commissioners of Sewers or any Six of them in their open Sessions soe as the Inhabitants of Spalding and Pinchbecke may have a libertie to sett downe and stopp such Sluces Tunnells and Gages of Water [and Locks (fn. 3) ] as are or shall be made upon any the said Rivers and Draines (except the said Rivers of Welland Gleane and the Westlode) at such time or times as two Commissioners of Sewers for the parts of Holland shall judge seasonable and necessary for the drayning of their In-grounds Provided the same exceed not two Monthes in the yeare
V. Wapentake of Elloe being overflowed, may stop Drains, &c. till Banks repaired
And if at any, time or times hereafter for ever any of the Bancke or Bancks of the Drayne or Draynes now or hereafter to bee made for the drayning of the said Fenns or preservation of the said Country happen to breake or be overflowne wherby the waters have issue, and fall into any the severall Lands of any the Townes in the Wapentake of Elloe that immediately upon such breach or overflowing it shall and may be lawfull for all or any the Dikereeves Officers or other Inhabitans of any the Townes in Elloe aforesaid to sett downe the Clowe of such Drayne or Draines or otherwise to stopp the same till the Banckes therof soe breaking or overflowed from time to time bee sufficiently repaired strengthened and heigthened
VI. Glean and Welland Rivers to be kept navigable.
And bee it further enacted by the Authoritie aforesaid That the Currents or Channells of the River of Gleane and Welland and the Westlode shall not be diverted or turned into any other Tract or Course whatsoever (that is to say) from a place called Dovehurne in Pinchbecke to the Outfall and from a Bancke in Spalding called Hawthorne bancke to the Outfall, but shall be kepte navigable as formerly they were downe to the Sea,
VII. If the said Trustees fail to repair Banks, who shall do it.
The said Trustees to pay for the same, &c. upon a Note in Writing under the Hands of Two Commissioners of Sewers.; what such Notes are to contain.; Remedy for the Money against the said Trustees.; Distress.; Proceedings thereon.
And bee it further enact by the Authority aforesaid That if any Goole or Gooles Breach or Breaches Overflowing or Overflowings of waters shall happen at any time hereafter to be in over or through any of the said Bancks made or to be made within the said Fenns for the defence and preservacoc[i]on of the same other then the Bancke called the Dozenes and the Bancke called Hawthorne bancke to the surrounding or annoyance of the said Fenns or any part of them within their Charge as aforesaid and the same be not amended by the said Trustees their Heires and Assignes or the Survivour of them within Tenn dayes after such Breach Goole or Overflowing that [then (fn. 4) ] it shall and may be lawfull to and for any the Dykereeves or Surveyors of Sewers in Spalding or Pinchbecke or any of the other Townes in the Wapentake of Nesse or Elloe in the said County of Lincolne where the said Breach or Breaches Goole or Gooles Overflowing or Overflowings of waters shall happen to be forthwith and immediately (after the said Tenn dayes) to repaire the same at the onely Costs and Charges of them the said Trustees their Heires and Assignes or the Survivour of them. All which said Summe or Summes of Money soe by the said Dykereeves and Surveyours of Sewers or any of them expended in and about the takeing repairing and amending of any such Breach or Breaches Goole or Gooles Overflowing or Overflowings of waters in or over the said Bancke or Banckes respectively they the said Trustees their Heires and Assignes or the Survivour of them shall pay or cause to be paid to the said Dykereever or Dikereeves. [Surveyor or Surveiors (fn. 4) ] soe expending the same upon a Noate delivered in writing to the said Trustees their Heires or Assignes or the Survivour of them [their (fn. 4) ] Tennants or Undertenants Servants or Agents or any of them by the said Dykereeve or Dykereeves Surveyour or Surveyours testified under the hands of Two Commissioners of Sewers one being of the Quorum containing as well the Names of the Labourers that repaired the said Breach or Breaches Goole, or Gooles Overflowing or Overflowings as the Wages paid to them and the Rates and Prizes of all other necessary charges imployed and bestowed in and about the same with their convenient Salary and Wages for their paines in that behalfe at the discretion of Two such Commissioners as aforesaid the which if the said Trustees their Heires or Assignes or the Survivour of them or their Tennants or Undertenants Agents or Servants shall refuse or negclect to doe that then it shall and may be lawfull to and for the said Officers or persons or any of them that shall make up any such Breach or Breaches Goole or Gooles Overflowing or Overflowings or sustaine such damages as aforesaid to enter into the said Third part of the said Fenns or into the Five thousand Acres additionall recompence herein after given by this present Act or into any part thereof and to distraine and impound the Horses Beasts Sheepe or Goods and Chattells of them the said Trustees their Heyres and Assignes, or the Survivor of them or any Tennant or Tennants Farmer or Farmers Occupier or Occupiers of all or any part of the said Third part and of the said Five thousand Acres And from and after the Fourth day of the said Distresse and Impoundment (in case the said Suu[m]me or Suu[m]mes soe expended and demanded be not then, paid) Sale therof to make without allowance of Replevin and with the Money therupon ariseing to pay and satisfie all summes of money for the said Workes expended and to be allowed as abovesaid rendering the Overplus to the Owner if any Overplus be over and above the Charges aforesaid and Charges of keeping
VIII. Banks of Dozens and Hawthorne, &c. how to be repaired; at the Costs of the said Trustees.
Provided alwayes and bee it further enacted That if any Breach Goole Hole or Holes or flowing of waters shall happen to be in over or through the said Bancke called the Dozens the said Bancke called Hawthorne bancke the said Bancke called the East Bancke the said Bancke on the North side of the River Gleane or any other Bancke made or to be made without the said Fennes by the said Trustees their Heyres or Assignes or ye Survivor of them for or in order to the draining of the said Fenns That then and in every such case. It shall and may be lawfull to and for the, Dykereeves and Surveyours of Sewers in Pinchbecke and Spalding or any of the Townes in the Wapentake of Nesse or Elloe aforesaid where the said Breach Goole or flowing shall bee forthwith and immediately to repaire the same at the Costs and Charges of the said Trustees their Heyres and Assignes, or the Survivor of them to be had and leavyed in manner and forme as is before expressed and declared for or concerning the said Banckes environing or made or to be made for the draining or preservation of the said Fenns
IX. In what case the said Trustees to satisfy for Losses to particular Persons by overflowings; to be awarded by Six Commissioners of Sewers for Holland.
Remedy to recover such Satisfaction.; Distress.; No Replevin.; Cutting in another Man's Land.; Damage set down by Six Commissioners of Sewers.
And bee it further Enacted by the Authoritie aforesaid That if it fortune that at any time hereafter by the negligence of the said Trustees their Heires and Assignes or the Survivour of them in not sufficiently maintaining scowering dikeing or cleansing of any Rivers Banckes Sewers or Draynes whatsoever which now are or hereafter shall be made for drayning of the said Fenns and securing of the Country or that by any inconvenient placeing setting cutting or making of any Drayne Gote or Sluce upon the same that the Country or any private or perticular person receive losse or harme thereby That the said Trustees their Heires and Assignes or the Survivour of them or some of them shall make such recompence & satisfacoc[i]on for the same to every person and persons sustaining any Damage thereby as six Commissioners of Sewers for the said part of Holland wherof Three to bee of the Quor? shall award and appoint under their Hands and Seales (if the said Lords Adventurers their Heires or Assignes shall not have otherwise satisfied the same) which if they, the said Lords Adventurers their Heires or Assignes shall negclect to pay and satisfie to the person and persons sustaining the same their Executors or Assignes by the space of Twenty dayes after demand made therof to them the said Trustees their Heires and Assignes or the Survivour of them or the Agents Tennants or Underte?ants of them That then and from thenceforth it shall and may be lawfull to and for every such person and persons sustaining the same Damage their Heires Executors Administrators and Assignes and every of them respectively to enter into the same Third part and into the said Five thousand Acres and every or any part therof and to leavy the same Damages soe as aforesaid awarded and appointed by Distresse and sale of the Goods and Chattells of them the said Trustees their Heires and Assignes or the Survivour of them or any Tennant or Tennants Farmer or Farmers Occupier or Occupiers of all or any part of the said Third part of the said Fenns or the said five thousand Acres and present Sale therof to make after the fowerth day of Impoundment (and payment of such money then not made) without allowance of Replevin rendering the Overplus to the Owner if any Overplus there be And if the said Trustees their Heires or Assignes or the Survivour of them or any of them shall thinke it necessary for the inlargment of any old Drayne River or Bancke out of the said Fenns above that which formerly they were or for making any new Drayne River or Bancke or cutt or cover the severall Soyle of any person or persons That then the said Trustees their Heires and Assignes or the Survivour of them shall compound and agree with the Owner or Owners therof, (if they can agree) And if they cannot agree that the value of the Damage shall be sett downe by six of the Commissioners of Sewers wherof three to be of the Quorum and the money shall be paid or tendered before such time as the said Soyle shall be cutt or covered and upon payment or tender of the said money it shall be lawfull for them to cutt or cover the said Soyle for makeing the said Draynes Rivers or Bancks.
X. Power to Trustees to pull up Bridges, Wears, and Purprestures; but to rebuild the great Bridge over Spalding River, and to make other new Bridges; and repaire them for ever.
In case of Default of Trustees,; Commissioners of Sewers may make Distress.; If Spalding Bridge not finished before 25th March 1670, Penalty on Trustees.
And bee it further enacted by the Authority aforesaid That it shall and may be lawfull to and for the said Trustees their Heires and Assignes or the Survivour of them to pull up any Cart bridges of Wood or Stone or any Foote or Horse bridges Clowes or Water bridges that now lye over the said two Rivers of Gleane and Welland the Rivers of Westloade and Starr fengraft Vernatts or any of them, or any other Drayne that be too strait or narrow or otherwise may hinder the course & passage of the waters in the said Rivers or of any Drayne to be devised by the said Trustees their Heires or Assignes or the Survivour of them and alsoe to pull up all Weares and Purprestures in the said Rivers and Draynes that hinder the passage of the water Provided that they shall forthwith sufficiently build and make againe at their owne proper Costs and Charges the great Bridge over Spalding River (commonly called the High Bridge) of Lime and Stone and all such other Cart bridges Horse bridges Clowes or Water bridges of Lime Stone or Timber respectively as the former were which have beene or shall be soe pulled downe to be enlarged or made wider And that all and every the auncient Bridges & Tunnells under and over any of the Rivers and Draynes and every of them be repaired and for ever maintained at the charges of them the said Trustees their Heires or Assignes or the Survivour of them And if it shall happen the said Bridges or any of them shall not be made or repaired by the said Trustees their Heires or Assignes or the Survivour of them in convenient time according to the true intent or meaning of this Act That then it shall and may bee lawfull to and for the Coo[m]mis?ers of Sewers in their publique Sessions from time to time to order and decree how much or what suu[m]me or summes of money shall or may be necessary or fitting to be raised for effecting the same. And if after notice of the said Determinations of the said Commissioners by a Noate in writing under the hand of the Clerke of the Sewers given to the said Trustees their Heires or Assignes or the Survivour of them they shall not pay or cause the same soe adjudged to be paid within thirty dayes after such notice That then it shall and may be lawfull to and for the said Comp[er]s of Sewers by their Warrants to levy the same by Distresse and sale of the Goods and Catle levant and couchant upon any the Lands within the said Fenns hereby vested and setled in the said Trustees their Heires and Assignes or the Survivour of them. And if it shall fall out that the said High Bridge over Spalding River be not finished before the Five and twentieth of March One thousand six hundred seaventy That then the said Trustees their Heires and Assignes or the Survivour of them shall forfeit the full and just summe of One hundred and fifty pounds to Peircy Church Esq[uire] his Executors or Assignes which shall and may be raised by the Com[missione]rs of Sewers for the time being [at their Publique Sessions (fn. 5) ] by sale of part of the said Third part of the said Fennes or of the said Three thousand five hundred Acres herein mentioned and be by them accordingly paid over to the said Peircy Church his Executors or Assignes, and the person and persons and their Heires to whom such Sale shall be made shall and may for ever then after hold and enjoy the same by vertue of such: Sale and of this present Act Any thing herein to the contrary notwithstanding
XI. Power to Trustees to take Earth, &c. for repairing Banks.
And bee it further enacted by the Authoritie aforesaid That for the better preservation of the said Bancks environing the said Fenns or made within the said Fenns for defence of the same it shall and may be lawfull to and for the said Trustees their Heires and Assignes or the Survivour of them to cutt the Ground lyeing betweene the Outring Banckes and the said Rivers or either of them to take earth manure and litter for the repairing the said Bancks soe often as need shall require or to them shall seeme meete and convenient soe that such cutting be not extended or made above six score foote distant from the said Banckes and to erect make and keepe such and soe many sufficient Barrs and Slakers and in such places as shall seeme most fitt and convenient to the said Trustees their Heires and Assignes or the Survivour of them the Slakers to take off the Surplusage of Waters, and the Barrs to hinder the passage of Horsemen and Drifts of Catle over the same Banckes in the times hereafter prohibited
XII. Cattle driven over the Banks in Winter (Exception) to pay Toll.
And to the end that the Bancks should not be impaired by Horsemen Drifts of Sheepe Horses Beasts and other Catle It is hereby enacted by the Authority aforesaid That noe person or persons whatsoever. (except as hereafter is excepted) shall at any time or times hereafter in any yeare betweene Michaelmas day and the first day of May drive or cause to be driven any Horses. Oxen Sheepe or any other kinde of Catle over or upon any [of (fn. 5) ] the said Banckes without first paying to them the said Trustees their Heires and Assignes or the Survivour of them after the rate of Foure pence for every Score of Sheepe and for every other Beast the suu[m]me of Fower pence which they their Heires and Assignes are hereby authorized to demand and receive
XIII. Owners of the Fens to pass free.
Provided neverthelesse and bee it enacted That all and every the Lords Owners and Commoners of or in all or any part of the said Fenns shall have free libertie at all times of the yeare for them their Horses Servants and Catle to passe and repasse upon any Bancke or Banckes Drove or Droves in or compassing the said Fenns without paying any thing for soe doeing if such person or persons claiming such freedome does not usually buy Sheepe or Catle and trade that way to London with such Catle or Sheepe as are not of theire owne feeding for a Moneth before.
XIV. Times and Places at which Persons keeping Horse Boats at Croyland, &c. may land Horsemen with their Horses, &c.; Penalty.
And bee it enacted by the Authorty aforesaid That noe person or persons whatsoever keeping a Horse boate either at Croyland Cloote Deeping Baston Eastcoate Pinchbecke Spalding or Cowbett shall land any Horsemen with their Horses or Catle upon any the said Banckes at any time hereafter betweene Michaelmas day and the first day of May, but at Waldrome Hall Baston Spout Dovehurne Cloote or Croyland without licence first therunto had and obtained from the said Trustees their Heires and Assignes or the Survivour of them upon paine and forfeiture to bee made and paid for every Horse and neate Beast six pence and for every score of Sheepe fower pence to the said Trustees their Heires and Assignes or the Survivour of them, And that noe manner of person or persons shall draw any Boate on or over any the Banckes in or compassing the said Fenns but in such places onely as are or shall be appointed for that purpose.
XV. Swine ringed or unringed not to be put between the Banks, &c.
Swine put in Fens to be ringed; Penalty.
And it is further enacted by the Authority aforesaid. That noe Swine of what sort soever ringed or unringed be putt upon the said Fennes or any of them betweene the said Bancks and the Weare ditches but that they shall be putt into the Fenns at usuall? places where other Catle are putt in And that the Swine there soe putt shall be ringed upon paine of every Hogg soe found unringed to forfeit to them the said Trustees their Heires or Assignes or the Survivour of them the summe of Two pence for every time soe found to be leavyed by Distresse and impounding of such Hogg or Hoggs
XVI. The Trustees not to have Common but in their Lots.
They are to keep the Poor dwelling within their Lots.
And it is further enacted by the Authority aforesaid That the said Trustees their Heires and Assignes or the Survivour of them, their or any of their T?nants Farmers or Groundholders of any part of the said Third part or of the said Fenn or of the said five thousand Acres shall not have, any time hereafter use or claime any Common of Pasture or other Coo[m]monage or Pasturing in any part of the remainder of the said Fenns nor any of them nor in the North Fenn of Pinchbecke and Spalding nor any part therof by vertue or pretence of his or [their (fn. 6) ] resiance there, But all and every the Inhabitants that may hereafter be upon any part of the said Third part, or upon any part of the said Five thousand Acres and are not able to maintaine themselves shall be maintained and kept by the said Trustees their Heires and Assignes and the Survivour of them and never become chargable in any kinde to all or any the respective Parishes wherin such Inhabitant or Inhabitants shall reside or dwell Any Statute or Law to the contrary hereof notwithstanding.
XVII. No Water let out of Glean or Welland, but by License from said Trustees, or by Order of Six Commissioners of Sewers.
Abuse of Tunnels prevented.
And bee it further enacted by the Authority aforesaid That noe water shall be lett or taken out of the Rivers of Gleane or Welland or any other the said Drayne or Draynes by any Sluce Cutt or Tunnell without the licence of the s? Trustees their Heires or Assignes or the Survivour of them or by order of six Co[m]miss[ion]ers of Sewers who likewise are to take care that such Cutt or Cutts made for the taking therof shall be made up againe at the charge of such person or persons for whose benefitt the same were made, but for necessary household uses, by such as now lye by some Law of Sewers already setled And in case any abuse of the said Tunnells happen to bee that then the said Trustees their Heires or Assignes or the Survivour of them their Servants or Agents shall have power immediately to stopp the same
XVIII. Inhabitants of Pinchbeck and Spalding to have the use of Blewgate Sluice.
And it is further enacted by the Authority aforesaid That the Inhabitants of Pinchbecke and Spalding shall for ever hereafter have the use of a certaine Gote or Sluce called Blewgote and the Drayne leading thereto, soe as the said Trustees their Heires or Assignes shall not be putt to any charge for the repairing or maintaining of the same
XIX. Dozens Drain to be enlarged.
And bee it further enacted by the Authority aforesaid That the Loads or Drayne under the Dozens from Baston bancke to Winsoever be ditched Two hundred Foote more inward into the said Fenns then now it is and the earth laid on that side of the Banke next the Towne of Pinchbecke,
XX. Reward to Trustees for doing the said Works.
Of Part, amounting to 10,036 Acres, the Trustees to stand seised to the Use of the Earl of Berkshire, Lord Andover, &c.; Of the Residue to other Uses.; If Commissioners do not nominate a Surveyor within Three Months after Nomination by the said Trustees, then Trustees may proceed.
And bee it further enacted by the Authority aforesaid That for and in consideracoc[i]on of all the moneyes allready expended in and about the Drayning of the said Fennes and in consideration of the doeing and performing of the Workes aforesaid hereafter to be done and of all and every of them about the recovering ining & draining of the said Fenns and every of them that they the said Trustees their Heires and Assignes or the Survivour of them shall from henceforth have hold peaceably occupy and enjoy to them their Heires and Assignes in Fee simple for ever the said Third part of all the said Fenns and Marshes formerly assigned to the said Thomas Lovell his Heires and Assignes as alsoe Three thousand five hundred acres added and allotted by a Decree of Sewers made at Spalding in the said Fenns and one thousand Acres out of that part of the said Fenns formerly taken in for the Queenes Improvement and five hundred Acres more to be taken proportionally out of the residue of the said Fenns in Kestiven, and Holland next adjoyning to the said three thousand five hundred Acres which three thousand five hundred Acres and one thousand Acres and five hundred Acres last mentioned are to be demeasured by Statute measure by two Artists and sett out by them at the charge of the said Trustees their Heires or Assignes or the Survivour of them one to be chosen by the Commissioners of Sewers of Kestiven and Holland and one other by the said Undertakers but upon the Trusts hereafter mencoc[i]oned that is to say as touching & concerning Eight thousand thirty six Acres therof mentioned in a Schedule annexed to an Indenture of Fiveteene parts dated the second of August One thousand six hundred fifty made betweene Elizabeth Countesse Dowager of Exeter and others therin named and Two thousand Acres more to be indifferently sett out within six Monethes after the passing [of (fn. 7) ] this Act amounting in the whole to Tenn thousand thirty six Acres in trust that the said Trustees their Heires & Assignes or the Survivour of there shall grant and convey the same to such person or persons or for such Estates in Fee simple or otherwise in such manner as the said Thomas Earle of Ber?s the said Lord Andover Lord Bruce and John Lord Berkley of Stratton shall appoint, And as for touching and concerning the residue of the said Fenns by this Act allotted for recompence for the said draining moreover and above the said Eight thousand thirty six Acres & Two thousand Acres in trust for the said Earle of Berkeshire and the Lady Elizabeth his Wife the said Lord Andover the said Earle of Elgin Countesse of Stamford and Lord Gray and such other person and persons to whom the remainder upon their Estates are limitted according to their severall and respective Interests and Estates as aforesaid made or derived from by or under the said William late Earle of Exeter and Elizabeth late Countesse of Exeter or either of them their or either of their Heires or Assignes And in case the said Commissioners shall not nominate a Surveyour within Three monthes after nomination by the said Trustees their Heires or Assignees or the Survivour of them and both to be sworne by the said Co?n and notice therof to be given to the said Commissioners That then the said Trustees their Heires or Assignes or the Survivour of them shall proceed as aforesaid by their owne Artist.
XXI. The Trustees to inclose their Share, and maintain the Fences; in Default thereof, Trustees not to impound, have Action, &c.
Provided alsoe and bee it enacted by the Authority aforesaid That the said Trustees [Their Heyres and Assignes and the Survivour of them (fn. 7) ] shall at all times hereafter sufficiently fence and incloase the said Third part and all other the Lands by this Act to them granted on all parts against the Lords and Commoners of and in the residue of the said Fenns And if any of their Catle shall enter or breake into the said Third part and other Lands soe granted or any part therof in default of the Inclosure therof It shall not be lawfull for the said Trustees their Heires or Assignes or the Survivour of them to destraine or impound the same or to maintaine any Action for any such Entry depasturing or other Trespasse happening in such default And if any such Action bee brought it shall be lawfull for the Defendant or Defendants therin to plead the Generall Issue and to give this Act in Evidence.
XXII. Proviso for Continuance of Two Droveways called North Drove and South Drove.
And that the twoe Drove wayes in the said Fenns called the North drove and South drove leading from the parts of Keisteven into the parts of Holland be continued open and common through the said Third part and Lands to them granted for the use and benefitt of the Lords & Commoners for a Drift way for them and the said Undertakers And alsoe that the Bancks or Draynes (by vertue of this Act) to be continued or made shall not stopp or hinder the Land-waters falling from the parts of Keisteven into the said Fenne but shall and may receive and carry the same away
XXIII. No Estates of the said Trustees liable except their said Estates in the said Fens.
Provided alwayes That this Act or any Clause Article Sentence or Penaltie therin contained mentioned or expressed shall not extend to charge the persons of the said Trustees their Heires or Assignes or the Survivour of them or any the Estate or Estates reall or personall of them the said Trustees their Heires or Assignes or the Survivour of them other then their Estate and Estates of and in the said Fenns
XXIV. If Trustees do not finish the draining in Seven Years; or do not maintain their Drains (Exception); from overflowing within Five Years; and the same adjudged by Twelve Commissioners of Sewers or the Majority; then their Estate to cease; and be vested in the Commissioners of Sewers; and they to drain.
The Trustees to convey their Share as Twelve Commissioners of Sewers shall appoint.
Provided alsoe and upon Condition That if the said Trustees their Heires or Assignes or the Survivor of them shall neglect the Ining and drayning of the said Fenns and every or any of them and shall not fully & perfectly finish the drayning of the same before the end and expiration of the said Seaven yeares as aforesaid according to the intent and purport of this Act, or shall not after the Ining or drayning therof keepe and maintaine the said Fennes and every of them after the end and terme of the said Seaven yeares dry firme good & depasturable ground for Catle at all times in the yeare (except such Lakes Draynes Sewers Portions and Quantities of the said Fennes as are before excepted) but shall wilfully and negligently suffer the said Fenns and Wasts or the most part of the same to be againe drowned and overflowne by the space of Five yeares at any time after the expiracoc[i]on of the said Seaven yeares and the same be found and adjudged hurtfully surrounded in default of the said Trustees their Heires and Assignes or the Survivour of them (contrary to this Act) by Twelve Commissioners of Sewers or the greater number of them, whereof six to be of the parts of Holland and six of Kesteven, of which [Twelve (fn. 7) ] Commissioners three of either of the said parts to bee of the Quorū upon their view and inquisition or p[re]sentment of Jury that the same hath soe long continued drowned, and that Judgment be certified of Record into the High Court of Chauncery under theire Hands and Seales or the greater number of them That then and from thenceforth the trust of the said Trustees their Heires and Assignes or the Survivour of them of in and to the said third part and the said other parts and proportions added and allotted for a further recompence as aforesaid for the said Earle and Countesse of Berkshire Lord Howard of Charlton Lord Bruce Countesse of Stamford Lord Grey and other persons in remainder as aforesaid And all and every Estate and Estates whatsoever by them granted conveyed or in any manner executed of all or any the said Third part or other proportions added and allotted for further recompence to any person or persons whomsoever in execution pursuance or discharge of their said Trust or otherwise shall cease determine and be utterly void to all intents & purposes whatsoever and not to bee helped altered or releived in any Court or by any course of Law or Equity And that then and from thenceforth the said Trustees their Heires and Assignes or the Survivour of them shall stand and be seised of all the said. Third part and the said additionall Allotments in trust to permitt and suffer the said Commissioners of Sewers of Kesteven and Holland to take perceive and receive the whole Rents Issues and Proffitts to the end the same may be laid out and expended for the regaineing of the said Fenns and to defray the Charge which the Country shall or may be putt unto to preserve themselves and their other Lands from being surrounded or damnified by the said waters in default of maintaining of the said Banckes and doeing other the said Works which ought to have beene made and repaired by the said Trustees their Heires and Assignes or the Survivour of them, And upon further trust likewise. That the said Trustees their Heires and Assignes or the Survivour of them shall and will from time to times and at all times make and execute such Estate and Estates as Twelve Commissioners of Sewers of the parts of Holland and Kesteven, wherof three of each part to be of the Quorum shall by writing under their Hands and Seales direct and appoint
XXV. Such Estates deemed good.
And bee it enacted and declared That all such Estate and Estates soe by them made shall be, and bee, and bee deemed and taken to bee good and effectuall in Law to all intents and purposes as if the same were in this present Act perticularly and by proper Names mentioned and expressed,
XXVI. If the Trustees before the Term of Seven Years do not pay £100. into the Commissioners of Sewers Hands, to amend South Dozens and Hawthorn-Bank; then the said Commissioners may enter; and so from time to time, if not supplied by the said Trustees, the said Commissioners may raise the same.
And bee it further enacted by the Authority aforesaid That if the said Trustees their Heires or Assignes or the Survivour of them shall not or doe not at or before the said terme of Seaven yeares well and truely pay or cause to be paid the full and just summe of One hundred pounds of lawfull money of England into the hands of such person or persons as the said Commissioners of Sewers in their publique Sessions from time to time shall appoint to receive the same That then and in such case it shall and may be lawfull to and for the [said (fn. 8) ] Commissioners of Sewers by an Order in writing under their Hands and Seales to authorize such person or persons as they shall thinke fitt to enter into any the said Lands part of the said Third part allotted to the said Thomas Lovell out of any the Fenns by him formerly undertaken to bee drayned and the said additionall Lands And out of the Rents Issues and Proffitts therof to raise the same summe of One hundred pounds To the end the same shall and may be by them imployed and laid out in and about the necessary maintenance and reparacoc[i]on of the Bancks above mencoc[i]oned called the South Dozens and Hawthorne Banck and soe from time to times and all times as the said One hundred pounds or any part therof shall be as abovesaid expended in and about the said Bancks as aforesaid if the same be not againe supplyed by the s[ai]d Trustees their Heires or Assignes or the Survivor of them within six Moneths then next following then it shall be in the power of the said Com[missione]rs of Sewers out of the Rents Issues and Proffitts aforesaid to raise the same or soe much therof as shall not be supplied as abovesaid from time to time and at all times as occasion shall require
XXVII. Power to make By-laws.
Provided alwaies and be it enacted by the Authoritie aforesaid That it shall and may be lawfull to and for such person & persons their Heires & Assignes or any Three or more of them to whom the s[ai]d Trustees their Heires or Assignes or the Survivor of them shall make or execute any Estate or Estates of the said Ten thousand thirty six Acres before mencoc[i]oned or any part therof as Adventurers under the said Trustees their Heires or Assignes or the survivor of them in draining the said Fenns at all times, & from time to time from and imm[m]ediately after execution of the s[ai]d Estate & Estates to suu[m]mon call & hold meetings of themselves [their (fn. 8) ] Agents and Workmen at such place and places by Warrant under three or more of their Hands & Seales or under the Hand & Seale of their Coo[m]mon Clerke for the time being for the makeing altering or confirming And with Power and Authority hereby granted unto them their Heires Executors Administo?ors and Assignes for making and to make By Lawes for the better Government and more orderly manadgment of the said worke of draining the said Fenns within themselves respectively
XXVIII. The said Trustees may make an Acre Tax.
And alsoe bee it further enacted by the Authority aforesaid That at all and every meeting and meetings as aforesaid to be held It shall and may be lawfull, and they are hereby therunto impowered for any three or more of the s?d Undertakers their Heires Executors Administrators and Assignes to assesse rate tax and charge all and every the respective Owner or Owners their Heires Executors Administrators & Assignes & every of them of all & every the said Tenn thousand and thirty six Acres aforesaid by an equall and proporcoc[i]onable Acre tax with any Suu[m]me or Suu[m]mes of Money as they shall adjudge necessary for the carrying on and effecting the s?d Worke & to limit & appoint such certain dayes and places for the respective payments therof to their Treasurer or Treasurers for the time being as they the s[ai]d Undertakers their Heires Ex[ecuto]rs Adm[inistrato]rs or Assignes or any three or more of them under their Hands & Seales shall appoint soe as every of the s[ai]d Undertakers who shall at [any (fn. 8) ] time, or times hereafter assesse rate tax & charge the s[ai]d Suu[m]mes of Money be really then Owner of Two hundred & fifty Acres of Land or more w[i]thin the s[ai]d Fenn,
XXIX. Tax not paid.
Adventurers may sell Lands of Defaulters; subject to the Conditions of this Act.; Such Conveyances good against Defaulters; to be enrolled within Six Months.
And bee it further enacted Upon default made by any person or persons soe assessed rated taxed & charged as aforesaid in his or their respective payments to be limitted & appointed as aforesd by the space of three Months after the time limitted for payment therof that it shall & may be lawfull to & for any three or more of the s[ai]d Adventurers their Heires Ex[ecuto]rs Adm[inistrato]rs or Assignes to bargaine sell, convey & assure all or soe much of the s[ai]d Defaulter or Defaulters Lands respectively within the s[ai]d Fenn for raising the Su[m]me or Su[m]mes of Money soe assessed rated or charged as afores[ai]d to any other person or persons their Heires & Assignes for such Estate or Estates as the s[ai]d Defaulter or Defaulters had in him or them respectively at the time of the s[ai]d Default or Defaults made as afores[ai]d as to them or any three or more of them the s[ai]d Adventurers their Heires Ex[ecuto]rs Adrs or Assignes shall seeme meet, subject nevertheles to the Condicoc[i]ons & forfeitures in this Act contained & exprest, And all & every Conveyance therof is & shall be adjudged good & available in Law & Equity agt all & every such Defaulter & Defaulters respectively & agt his or their respective Heires Ex[ecuto]rs Adm[inistrato]rs & Assignes soe as the same be inrolled in the High Court of Chauncery within Six Monethes after the makeing therof
XXX. Owners of the Fens may inclose, &c.
Exception.; Inclosures how to be held; subject to Powers given by this Act to the said Trustees.
And be it further enacted by the Authority aforesaid, That it shall and may be lawfull for any person or persons Bodyes Politique or Corporate,. their Heyres and Successors Owner or Owners of the Soyle of the said Fenns or Wasts or who may or ought to have Coo[m]mon in any of the same to improve sett out, enclose divide and sever such quantity or quantities of the said Fenns or Wasts (other then such of the same as by the tenor of this Act are appointed or allotted to the said Undertakers as aforesaid) as shalbe proportionable to his or their respective Interest, or to his or their Lands and Tenements whereunto, or in respect whereof, the said Coo[m]mon or Wast may or ought to be had or enjoyed: And such quantity or quantityes to have and to hold in severalty by and according to such Tenures, Estate Right Tytle & Interest as such person or persons have or shall have in such Mannors Lands & Tenements subject neverthelesse to all the Powers and Liberties given by this Act to the said Trustees their Heires and Assignes and the Survivor of them, for dreyning the said Fenns, as if the same Lands had remained [common (fn. 9) ] and unenclosed: leaving and allowing convenient passages and wayes in and to the s[ai]d Undertakers ground in the said Fenn.
XXXI. Names of Commissioners for the Bounds and Inclosures.
any Seven of them appointed; their Power to examine, &c.; their Judgment certified into the Petty-Bag.; Appeals from such Judgments; Determination thereon certified into the Petty Bag.; How Inclosures adjudged to be held.
And it is further enacted That the Boundaryes of the said Wasts so to be enclosed Approvements and Enclosures shall from time to time and at all times upon request of any person or persons concerned be determined & adjudged and finally ended by the persons hereafter named (that is to say) Thomas Lord Beaumont of ColeOrton, Sir George Villiers of Brucksby Baronet, Sir William Hartop of Rotherby Knt, William Hartop of Little Dalby Esqq[uire] Sir Henry Hudson of Melton Mowbray Baronet, Sir Edward Smith of Edmondthorpe Knt Richard Lister of Thorpe Esqq[uire] John Hacket of Kettleby Esqq[uire] William Gilbert of Melton Mowbray Esqq[uire] all of the County of Leicester. Baptist Lord Viscount Campden Sir Edward Heath of Cottesmore Knt of the Bath, William Palmes of Ashwell Esqq[uire] Abell Barker of Hambleton Esqq[uire] Samuel Browne of Stockins Esqq[uire] Robert Mackworth of Empingham Esqq[uire] Philip Sherard Esqq[uire] Alexander Noell of Whitwell Esqq[uire] Christopher Browne of Towlthorpe Esqq[uire] Edward Falkener of Uppinghā Esqq[uire] Sir Thomas Mackworth of Normanton Bar[one]t [Henry Noell Esqq[uire] of Eaton Andrew Noell Esqq[uire] of Whitwell Charles Halford Esqq[uire] of Weston, Thomas Pilkinton Esqq[uire] of Belton Beaumont Bodenham Esqq[uire] of Ryhall, and Henry Mackworth Esqq[uire] of Normanton (fn. 10) ] all of the County of Rutland. Mildmay Earle of Westmorland, Obrian Lord Cockaine William Stafford Esqq[uire] of Blatherwicke; Lewis Palmer Esqq[uire] of Corlton, Edward Palmer Esqq[uire] of Stoake, Walter Kirkham of Tinshead Esquire Christopher Thursby Esqq[uire] Humphrey Orme Esqq[uire] Sir Henry Yelverton Bar[one]t Thomas Dove of Upton Esqq[uire] [William Montague Esqq[uire] Francis Quarles Esqq[uire] George Quarles Jun: of Ufford Esqq[uire] Francis Kirkham Esqq[uire] of Finshead, John Lyn Esqq[uire] of Southwicke (fn. 10) ] all of the County of Northampton [Robert Lord Willoughby of Eresby eldest Son to Montague Earle of Lindsy L[or]d Greate Chamberlane of England, Sir Thomas Meres Knt; Sir John Newton Bar[one]t Sir Anthony Irby Knt Peregrine Bartue Esqq[uire] Anthony Thorold of Marston Esqq[uire] William Blythe of Straston Esqq[uire] Philip Dallow of Bitchfeild Esqq[uire] Thomas Harrington of Boothby Esqq[uire] Charles Bawdes of Somerby Esqq[uire] Sir Edward Barkham Bar[one]t all of ye County of Lincolne (fn. 10) ] or by any Seaven or more of them: Weh said persons or any seaven or more of them are hereby constituted and appointed Commissioners for that purpose, upon their view or examination of witnesses upon oath (which oath they are hereby authorized to administer) or both, or other good and sufficient proofe by matter of Record Writings or Evidences, and hearing the partyes concerned if they be present and desire it: which Determinac[i]on and Judgement being certifyed by writing under the hands and seales of the said Judicature or any seaven or more of them into ye Petty bagg, there to be filed and kept on Record shall be finall and conclusive unto all partyes Provided alwaies that in case any person or persons, Bodyes Politique or Corporate shall find him or themselves aggreived with such Judgement and Determination of the said Judicature, and shall thereof, within sixe Moneths next after the same, appeale to any thirteene or more other persons of the said Judicature, then such Determination as the said thirteene more shall make, being certifyed by writing under the hands, and seales of the said thirteene or more into the Pettibagg aforesaid there to be filed and kept or Record as aforesaid, shalbe finall and conclusive to all partyes, the said former Judgement or Determination notwithstanding: And the Enclosures and Proporc[i]ons so adjudged or decreed as aforesaid to such person or persons, Bodyes Politique and Corporate shalbe held by him or them, and his and their Heires and Successors respectively by and according to his and their Tenures Estate Tytle and Interest which he or they had in the Mannors Lands or Tenements, for or in respect of which he or they claymed or enclosed the said quantity or quantityes of the s[ai]d Wasts as abovesaid.
XXXII. These Commissioners to take an Oath.
[Provided alwaies and be it enacted by the Authority aforesaid That the said Commissionc[er]rs and every of them before he or they take upon him or them the execucc[i]oon of any the Powers or Authorities hereby given them (other then the administring the Oath following to one another, which they shall have Authority by this present Act to administer to one another) shall take the Oath following (viz (fn. 11) )
I A: B: am not interessed in possession revercc[i]on or remainder of in or to the said Fenns or any part thereof And shall and will without favour or affecc[i]oon hatred or malice truely and impartially according to the best of my skill and knowledge execute and performe all and every the Powers and Authorities in mee established by this Act of Parliament.
Places for their Session.; Differences between the Commissioners, before any Judgment given by them, referred to Chief Justices and Chief Baron.; Two of whom may determine.
Which Oath any one of the said Com[missione]rs are hereby authorized to administer, And that the places where the said Com[missione]rs shall sitt to heare order and determine the matters referred to them by this Act shall be at the Townes of Stamford, Markett Deeping or Spalding in the said County of Lincolne And the said Com[missione]rs or any seaven or more of them are hereby directed by Warrant under their hands and seales to declare the places and tymes of their meeting, The same Warrant to be published in open Markett in the said Townes of Stamford, Markett Deeping and Spalding betweene the howres of twelve and two upon some Markett Day one and twenty dayes at least before the said tyme or tymes of meeting, To the end all persons concerned may have sufficient tyme and notice to attend, And shall have power and authority by warrant under the hands and seales of any three or more of them to summon parties and witnesses to appeare before them And in case any controversy or differrence shall happen or arise betweene or amongst the said Com[missione]rs before any Judgment or Determination given by them in the pp[re]misses touching or concerning the exposition of the words of this Act or the powers or authorityes thereby to them given Then the Lord Cheife Justice of the Kings Bench, the Lord Cheife Justice of the Common Pleas, and the Lord Cheife Baron of His Majestyes Court of Exchequer for the tyme being are hereby constituted and established a Judicature, And they or any two of them are hereby authorized to heare adjudge and determine such controversyes and differences, And their Judgment or Determination thereof certifyed under their hands and Seales, shall be observed, and shall be likewise certifyed together with the Judgments and Determinations of the said Com[missione]rs into the Petty bagg there to be kept on Record as aforesaid. (fn. 11) ]