BHO

William III, 1698-9: An Act for makeing the River Larke alias Burn Navigable. [Chapter XXII. Rot. Parl. 11 Gul. III.p.4. n.1.]

Pages 615-621

Statutes of the Realm: Volume 7, 1695-1701. Originally published by Great Britain Record Commission, s.l, 1820.

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Citation:

In this section

Reasons for passing this Act.

Henry Ashley Esq. and other Persons empowered to make the River Larke navigable, as herein mentioned; Powers to erect Banks, &c. and to make Ways, &c. and to dig and carry Soil, &c. and to amend and alter Bridges, &c. and set out Towing Paths, &c; Satisfaction being first given to Owners of Lands.

Forasmuch as the makeing Rivers Navigable is a Meanes to advance Trade increase Watermen and promote the Publick Good of this Kingdome besides the many and particular Benefitts which thereby doe accrewe to the Townes and Counties adjacent or near to such Rivers And whereas the River Larke otherwise called Burn running from Bury Saint Edmonds in the County of Suffolke to Mildenhall in the said County is utterly unpassable for Boats Lighters or other Vessells from Mildenhall aforesaid to Bury Saint Edmonds aforesaid And likewise the said River from Worlington in the said County of Suffolke to Mildenhall aforesaid is very imperfectly Navigable Be it therefore enacted by the Kings most Excellent Majesty by and with the Advice and Consent of the Lords Spirituall and Temporall and Commons in this present Parliament assembled and by the Authority of the same That Henry Ashley of Eaton Socon in the County of Bedford Esquire his Heires and Assignes shall be and are hereby impowered and authorized at his or their owne propper Costs and Charges to make navigable and passable with Boats Lighters and other Vessells the said River Larke otherwise called Burn from a Place called Long-Common a little below Mildenhall-Mill on the said River where it now ceases to be navigable or passable to East-gate Bridge in East-gate Streete in Bury Saint Edmonds aforesaid And likewise to amend meliorate and improve the Passage for Boats Lighters and other Vessells [on (fn. 1) ] the said River from Worlington aforesaid to the said Place called Long-Common And for those Purposes to cleanse scoure open enlarge or streighten the said River or any Part thereof and to digg or cutt the Banks of the same and likewise to cleanse scoure and open any other Streames Brookes Ditches or Water-courses and to cutt and digg the Banks of the same as to the said Henry Ashley his Heires or Assignes shall seeme convenient and to make such and soe many new Cutts Trenches or Passages for Water in upon or through the Lands or Grounds adjoyning or neare to the said River being the Ground or Soyle of the Kings most Excellent Majesty His Heires and Successors or any other Person or Persons Bodies Politick or Corporate their Heires or Successors as the said Henry Ashley His Heires or Assignes shall thinke fitt or necessary for the bringing in any other Streames Brookes or Water-courses into the said River or otherwise for the better carying on or effecting the said Undertakeing And likewise to build erect sett up and make over or in the said River Streames Brookes Trenches Ditches Cutts and Water-courses or upon the Lands adjoyning or neare to the said River being the Grounds or Soyle of the Kings most Excellent Majesty His Heires and Successors or of any other Person or Persons Bodies Politick or Corporate their Heires or Successors such and soe many Bridges Sluces Pens of Water Locks Wears Stanks Dams and other Works as and where the said Henry Ashley his Heires or Assignes shall think fitt and convenient and from Time to Time to alter repaire and amend the same and to make such Waies Passages and other Conveniences as the said Henry Ashley his Heires or Assignes shall thinke fitt for the carrying or conveying Merchandizes Goods or Commodities to or from the said River Navigable Passages Streames Trenches or Cutts with free Liberty of Waies for the said Henry Ashley His Heires and Assignes his and their Servants Agents and Workmen from Time to Time to carry and convey all Manner of Materialls as well for erecting the said Bridges Sluces Locks Weares Stancks Dams and other Works as for altering repairing or amending the same and to lay the said Materialls on the Grounds neare to the Place or Places where the said Works or any of them shall or are to be made erected or done as need shall require And in the said Grounds adjacent or neare to the said River from Time to Time to digg take and carry away soe much Earth as shall be requisite and sufficient for the makeing altering or repairing all or any the Works aforementioned or for the makeing or maintaining the said River Streames Cutts and Passages or any Part thereof navigable or passable as aforesaid And the said Henry Ashley His Heires and Assignes shall be and are hereby likewise impowered and authorized to amend or alter such Bridges and to turne and alter such High-waies as are now upon or over the said River Streames or Water-courses and doe or may hinder the Navigation or Passage thereon and to sett out and appoint Towing-Paths and Haling-Waies on the Grounds adjoyning or neare to the said River Streames Brooks Trenches Cutts and Water-courses being the Ground of the Kings most Excellent Majesty His Heires and Successors or of any other Person or Persons Bodies Politick or Corporate their Heires or Successors such as he or they shall thinke convenient for towing and drawing of Boats Lighters and other Vessells with Men or Horses up or downe through or upon the said River Streames Brooks Trenches Cutts and Water-courses and to remove and take away all Trees and other Impediments whatsoever which may any waies hinder Navigation either in saileing or haling of Boats Lighters or other Vessells with Men Horses or otherwise upon the said River Streames Brooks or Water-courses and to doe all other Matters and Things which the said Henry Ashley his Heires or Assignes shall thinke necessary for the makeing or improveing of the said Navigable Streames or Passages or any Part thereof or maintaining or preserveing the Navigation thereon Any Law Statute or Statutes whatsoever to the contrary in any wise notwithstanding the said Henry Ashley his Heires or Assignes first giveing Satisfaction to the Owners or Proprietors of such Lands Tenements or Hereditaments as shall be digged cutt removed or otherwise make use of for the carrying on or effecting the said Navigation [in (fn. 2) ] all or any Part of the said River or for maintaining and manageing the same according as hereafter in and by this Act is directed and appointed

II. Proviso respecting towing upon the Lands of W. Gage Esq.

But forasmuch as a great Part of the Lands and Grounds of William Gage Esquire and of severall other Persons lying adjacent to the said River are alwaies severall and of great Value It is therefore hereby enacted That soe farr as the Watermen or Boatemen shall hale or tow upon such of the Lands or Grounds of the said William Gage or of any other Person as aforesaid the said Henry Ashley his Heires and Assignes at his or their owne proper Costs and Charges shall make and maintaine a sufficient Ditch betweene such Haling Way or Towing-Path and the Residue of the Lands and Grounds of the said William Gage or of any other Person as aforesaid lying more distant from the said River or navigable Passages Any thing herein contained to the contrary notwithstanding

III. Commissioners appointed for adjusting Rates and Satisfaction to be made to Owners of Lands as aforesaid.

If Owners do not agree to Satisfaction offered; Seven Commissioners may appoint a Time and Place of Meeting thereon upon Notice; Commissioners, or Seven of them, thereupon to meet and examine Witnesses upon Oath, and determine Satisfaction to be made to the King and others, and proportion the same; Such Determination binding against the King and others; and to be set down in Writing under Hand and Seal, and kept amongst the Records of the Sessions for the County of Suffolk; and to be Evidence in Law and Equity; And upon Payment or Tender of such Satisfaction as herein mentioned, the said Henry Ashley, &c. may proceed with the necessary Works; This Act an Indemnity to Commissioners, the said Henry Ashley, and others, for necessary Acts done.

And for the better effecting the Premisses and due rating the Things for which Satisfaction shall be given by the Intent of this Act Be it further enacted by the Authority aforesaid That the Right Honourable the Earle of Dysert of the Kingdom of Scotland The Honourable William Maynard Esquire Sir Symon Dews Sir Thomas Spring Sir Samuel Barnardiston Sir Robert Davers Sir Dudley Cullum Sir Samuel Clarke Baronetts Sir Richard Gipps Knight John Hervey Thomas Hanmer William Gage James Calthrope Robert King Richard Norton Robert Madocks Roger Kerrington John Holland William Cooke Thomas Taylor Thomas Aldridge John Eldred William Glascock William Cropley John Pamphlyn Robert Judd Robert Reynolds Charles Downing Christopher Caltrope Thomas Folkes Anthony Fisher Barnardiston Dalton Young Gibbs of Horrinyer William Turner and Robert Wright Thomas Bright Hamond Lestrange The Alderman of Bury Saint Edmonds for the Time being The Coroner for the Time being The Recorder for the Time being The Six Assistants Justices of the Peace of the Borough of Bury Saint Edmonds for the Time being shall be and are hereby constituted and made Commissioners for adjusting the said Rates and determineing what Satisfaction shall be given for such Lands Grounds and Hereditaments as shall be intended to be cutt digged removed or otherwise made use of for the carrying on or effecting the Undertaking aforesaid And in case the Owners or Proprietors of the said Lands Tenements and Hereditaments and the said Henry Ashley his Heires or Assignes shall not agree for or about the same or if there shall be any Person or Persons who through any Disability by Nonage Coverture Speciall Taile or other Impediment cannot that then the said Henry Ashley his Heires or Assignes haveing made appeare to the said Commissioners or any Seaven of them how and where and how much of any of the said Lands Tenements or Hereditaments adjoyning or neare the said River are to be digged cutt or otherwise made use of or what Trees are to be cutt downe and removed for effecting the Premisses and how and where the said Bridges Sluces Locks Weares Stanches Dams or other Works must be erected or made they the said Commissioners or any Seaven of them may and shall appoint any convenient Time or Times Place or Places as they shall see cause for their Meeting of which Fourteene Daies Notice shall be given to all Persons concerned by Warrant from them or any Seaven of them to be left at the Dwelling House of the Party or Parties concerned or at the usuall Place of his her or their Abode or of some Tenant or Occupier of some Lands or Tenements of such Parties neare the said River (in case such Party or Parties shall not inhabite within Twelve Miles of the Place where the said Worke is to be made or done or Interest or Concernment shall be or in case where the Kings most Excellent Majesty is Owner of any such Lands Tenements or Hereditaments) And the said Commissioners or any Seaven of them may from time to time as they shall see Cause meete at any Place within Twelve Miles of the Place where the Interest or Concernment is that is to be determined And then and there shall and may enquire by Examination of Witnesses upon Oath which the said Commissioners or any Seaven of them are hereby impowered to administer and by all other lawfull Waies and Meanes which may tend to manifest the Truth what and how much Damage shall or may be sustained by the Kings most Excellent Majesty His Heires and Successors or by any other Person or Persons Bodies Politick or Corporate by reason of the cutting digging or otherwise useing any of his her or their Lands Tenements or Hereditaments for the Purposes aforesaid And upon such Enquiry as aforesaid shall and may determine order and decree what and how much Satisfaction the Kings most Excellent Majesty and every or any other Person or Persons Bodies Politick or Corporate shall have for such Proportion of his her or their Lands Tenements or Hereditaments [as (fn. 3) ] shall be cutt digged or made use of as aforesaid and for the Damage which' shall be thereby sustained not exceeding Twenty five Yeares Purchase of the Lands Tenements or Hereditaments that shall be soe cutt digged or made use of according to the true Yearly Value thereof and shall proportion and determine what Share or Part of the Money to be paid in Satisfaction as aforesaid any Tenant or other Person or Persons haveing a particular Estate Terme or Interest in any of the Premisses shall have or receive for his her or their respective Interests which said Determinations Orders and Decrees shall be binding to all Intents and Purposes both against the Kings most Excellent Majesty His Heires and Successors and against all and every other Party and Parties their Heires Successors Executors Administrators and Assignes and all others claimeing any Title or Interest in the said Lands Tenements or Hereditaments or any thing thereto belonging in Possession Reversion Remainder or otherwise aswell Infants Feme-Coverts Tenants in Taile as others and their respective Heires Successors Executors and Administrators and all claiming by from or under him her or them or any of them which said Determinations Orders and Decrees shall be sett downe in Writing under the Hands and Seales of the said Commissioners or any Seaven of them to be kept amongst the Records of the Sessions of the Peace for the County of Suffolke by the Clerke of the Peace for the time being of the said County Transcripts whereof shall be delivered to the Clerke of the Peace for the time being of the Towne and Borough of Bury Saint Edmonds aforesaid to be by him kept upon Record among the Records of the Sessions of the Peace for the said Towne and Borough All which shall be taken and adjudged to be good and sufficient Evidence and Proofe in any Court of Law or Equity whatsoever and what Summ or Summs of Money shall be ordered or decreed as aforesaid to be paid to the Kings most Excellent Majesty that then upon Payment thereof into the Tellers-Office in His Majesties Exchequer at Westminster or shall be ordered or decreed as aforesaid to be paid to any other Person or Persons that then upon Payment of such Summ or Summs of Money to the respective Party who ought to receive the same or Tender thereof made at his her or their Dwelling-house or if they have no such within Twelve Miles of the Place where the said Interest or Concernment is for which the said Summ or Summs is to be paid that then upon Payment of the said Summ or Summs into the Hands of the said Commissioners Clerke for the Use of such Person or Persons it shall ( (fn. 4) ) be lawfull (and not before) to and for the said Henry Ashley his Heires and Assignes his and their Servants and Workmen to digg cutt or use soe much of the said Lands Tenements and Hereditaments for which such Satisfaction shall be decreed as aforesaid and thereon to erect or make such Bridges Sluces Stanches Pens of Water Dams or other Works and thereon to doe any other Act or Acts Thing or Things relating to the making or keeping the said River navigable or passable as aforesaid as he or they shall thinke requisite And the said Bridges Sluces Stanches Pens of Water Dams Cutts Trenches Haling-Paths Works and Passages to have use and enjoy and from time to time to maintaine repaire and amend as Need shall require and in as ample and beneficiall a Manner as if the same by good Title and sufficient Conveyance in the Law had been absolutely sold and conveyed to the said Henry Ashley his Heires and Assignes And this Act shall be sufficient to indempnifie the said Commissioners and the said Henry Ashley his Heires and Assignes and all other Persons authorized by the said Henry Ashley his Heires and Assignes against the Kings most Excellent Majesty his Heires and Successors and all other the said respective Owners and Occupiers of every or any the said Lands Tenements or Hereditaments their respective Heires Successors Executors Administrators and Assignes and against all and every other Person and Persons whatsoever for all and every Act and Acts Thing and Things that from time to time shall be done for by in or relating to the makeing erecting maintaining repaireing useing enjoying or passing through over or upon all every or any of the said River Streames Cutts Trenches Bridges Sluces Stanches Pens of Water Dams Works and Passages or for by or in the navigating or passing with Boats Lighters and other Vessells in upon or through the same or haling with Men and Horses in such Haling-Paths as aforesaid Any Law or other Statute or Statutes to the contrary in any wise notwithstanding

IV. Persons upon Notice, neglecting, &c. to appear before Commissioners, the Commissioners, upon Oath of Service, may proceed to ascertain Damage sustained, notwithstanding Absence of such Persons.

And in case any Person or Persons haveing such Notice as aforesaid shall refuse or neglect to appeare before the said Commissioners or any Seaven of them that then the said Commissioners or any Seaven of them upon Oath to them made That the Party or Parties soe refuseing or neglecting were duly served with such Notice according as is herein before directed (which Oath the said Commissioners or any Seaven of them are likewise hereby impowered to administer) shall proceed to inquire of the Damages that may be sustained by such Person or Persons respectively and to determine order and decree what and how much Satisfaction such Person or Persons shall respectively have for such Damages in such manner as they should or might have done if the said Person or Persons had actually appeared before them and the same Determinations Orders and Decrees soe made shall likewise be as binding to the said Parties not appearing and as valid good and beneficiall to all Intents and Purposes to the said Henry Ashley his Heires and Assignes as they should and might have been if the said Parties had appeared before the said Commissioners

V. Proviso for Rights of Fishing and Fowling.

Saveing alwaies and reserveing to the Lords Owners or Proprietors of all or any Royalties or Liberties of Fishing or Fowling in or upon the said River Streames and Watercourses or any part of them their Rights or Priviledges of fishing and fowling in and upon the same and in and upon such New Cutts Passages Trenches and Watercourses as shall be made by the said Henry Ashley his Heires or Assignes within the respective Mannors Seigniories or Liberties of the said Lords Owners or Proprietors Any thing in this Act contained to the contrary notwithstanding

VI. No Commissioners interested to act.

Provided alwaies That no Commissioners shall sitt or act in any Case wherein he himselfe is any wise interested or particularly concerned

VII. Proviso for supplying Commissioners in case of Death.

Qualification.

And be it hereby further enacted That for supplying the Number of the said Commissioners in case of Death the surviveing Commissioners or any Fifteene of them shall from time to time by Instrument under their Hands and Seales to be recorded by the Clerke who from time to time shall be appointed by the said Commissioners to attend upon them nominate and appoint some other Person or Persons haveing an Estate in Lands of the yearely Value of Three hundred Pounds at the least or Personall Estate of the Value of Six thousand Pounds at the least in the place of him or them that shall dye which said new Commissioner or Commissioners soe nominated or appointed shall from thenceforth have like Power and Authority in all things relating to the matters aforesaid or to the said River or Navigation thereon as if he or they had been expressly named in this Act

VIII. Where the Water raised, Banks to be raised in Proportion by the said Henry Ashley.

The said Henry Ashley to erect Bridges over Roads, &c. where necessary.

And be it farther enacted by the Authority aforesaid That if the said Henry Ashley his Heires or Assignes shall in pursuance of the Powers of this Act by any meanes raise the Water in the said River above its ancient or usuall heighth whereby the adjacent Lands may be more liable to be overflowed or damaged than they have formerly been that then the said Henry Ashley his Heires and Assignes at his and their owne proper Costs and Charges shall cause the Banks of the said River to be proportionably raised and heightned in all Places where need shall require soe that the new Banks shall be able and sufficient to containe the Waters at such their raised heighth and alsoe shall from time to time maintaine and repaire the said Banks as often as Occasion shall require or if the said Henry Ashley his Heires or Assignes in pursuance of the Powers aforesaid shall raise the Water soe high or deepen the River soe much at any of the Fords or Places on the said River where there are High-waies over the same soe that the said Places cannot conveniently be passed or forded nor such waies used or enjoyed by reason of such raiseing the Water or deepning the River as aforesaid Or if the said Henry Ashley his Heires or Assignes shall make any new Cutts or Trenches by reason whereof any Person or Persons shall not have convenient Ingresse and Egresse into or out of their respective Grounds or other Hereditaments or any part thereof as occasion shall require that then and in such Case at every such Ford and High-way and over every such Cutt or Trench the said Henry Ashley his Heires and Assignes at his or their owne proper Costs and Charges shall erect and maintaine such sufficient Bridge as by the said Commissioners or any Seaven of them shall be directed

IX. Highways, &c. not diverted without Permission of Seven or more Commissioners.

And be it hereby further enacted That the said Henry Ashley his Heires or Assignes shall not change or divert any High-way or Common Foot-Path or remove any Bridge upon the said River without Allowance first had from the said Commissioners or any Seaven of them under their Hands and Seales for doeing the same

X. Bridges pulled down to be re-erected, &c.

And it is hereby enacted That if the said Henry Ashley his Heires or Assignes shall pull downe or remove any Bridge or Bridges he or they at his or their proper Costs and Charges shall erect others as sufficient and substantiall and as fitt and usefull as the former and that such Parts of the old Bridges as shall be altered by the said Henry Ashley his Heires or Assignes shall be made and left as strong and substantiall as they were before the alteration thereof

XI. Proviso for Jurisdiction of Quarter Sessions, in respect of Bridges and Highways.

And be it further enacted That the Justices of the Peace for the time being at their Generall Quarter Sessions of the Peace within their respective Divisions and Limmits shall have such and the like Power and Authority to enquire of heare and determine all Offences concerning the said Bridges and to make and award such Processe and to inflict such Paines and Penalties for the punishing or reformeing the same as by any Law or Statute they now have or may doe touching or concerning the repairing decayed Bridges in High-waies

XII. Proviso for keeping in Repair, &c. Banks and Bridges, by Persons; heretofore liable.

Provided alwaies That all such Banks and Bridges on the said River or elsewhere as have usually been maintained or repaired or ought to be made maintained or repaired by any other Person or Persons Bodies Politick or Corporate shall still be maintained and repaired by such Person and Persons Bodies Politick or Corporate in the same manner as they should or ought to have been if this Act never had been made Any thing herein contained to the contrary notwithstanding

XIII.

Tolls to be demanded by the said Henry Ashley.

And forasmuch as the makeing maintaining and repairing the said Bridges Sluces Pens for Water Weares Stanches Dams and Works to be made and from time to time repaired by the said Henry Ashley his Heires and Assignes as aforesaid will necessarily be a great Charge and Expence to the said Henry Ashley his Heires and Assignes Be it therefore enacted by the Authority aforesaid That it shall and may be lawfull to and for the said Henry Ashley his Heires and Assignes (and no others) from time to time and at all times hereafter to demand receive and take to his and their owne proper use and behoofe of and from all and every Person and Persons that shall carry or convey any Goods Merchandizes Wares or Commodities whatsoever up the said River from Mildenhall-Mill (scituate upon the said River) or from such Sluce as shall be built neare the said Mill to Bury Saint Edmonds aforesaid or downe the said River from Bury Saint Edmonds to the said Mill or Sluce the Rates and Tolls hereafter mentioned at such Place or Places adjoyning to the said River as the said Henry Ashley his Heires or Assignes his or their Deputies or Servants shall think fitt that is to say
For every Chaldron of Coales by Lynn Measure Three Shillings and Two Pence
For every Halfe-hundred of Deales Two Shillings
For every Load of Timber (accounting Fourty Foot to the Load) Two Shillings
For every Eight Packs of Wooll accounting Ten Tod to the Pack Two Shillings and Six Pence
For every Weigh of Salt Two Shillings and Six Pence
For every Load of Wheat or Barley reckoning Ten Combs to the Load Two Shillings
For every Last of Oats Two Shillings and Six Pence
For every Load of Beanes or Pease reckoning Ten Combs to the Load Two Shillings and Six Pence
For every Tonn of Grocery Wares or Commodities Two Shillings and Six Pence.
For every Ton of Oyle or Wine Three Shillings and Ten Pence
For every Thousand of Turfe Three Shillings and Two Pence
For every Load of Reed Sedge or Hay reckoning Twenty hundred Weight to a Load Three Shillings and Two Pence
For every Load of Hempe reckoning Twenty hundred Weight to a Load Three Shillings and Two Pence
For every Last of Malt Two Shillings and Six Pence
For every Load of Bricks reckoning Five hundred to the Load Two Shillings
For every Thousand of Tyles Two Shillings and Six Pence

And for every Ton Weight of other Goods Wares Merchandizes or Commodities whatsoever Two Shillings and soe proportionably for every greater or lesser Weight or Quantity of all every or any the respective Goods Wares Merchandizes or Commodities afore particularly expressed or generally mentioned or for a lesse Distance of Place to or from which any Goods Wares Merchandizes or Commodities shall be carried or conveyed upon any Part of the said River betweene the said Mill or Sluce neare the same and Bury Saint Edmonds aforesaid

XIV.

Watermen and others carrying Goods, to give and subscribe an Account thereof, and of the Names of the Owners, &c. to Henry Ashley, &c.

On Neglect, &c. thereof, or of Payment of Tolls, Goods and Vessels may be detained; or Action of Debt may be maintained for Tolls; On Suspicion of false Account, Goods may be measured or weighed, &c. and Owner, &c. refusing to permit the same; Penalty; Watermen, &c. concealing Goods so conveyed, or giving false Accounts, may be refused Passage, until they enter into Bond to give a true Account.

And to the Intent that the said Henry Ashley his Heires and Assignes his and their Agents and Servants may discover and knowe the Quantity and Quality of all such Goods and Commodities as shall at any Time be carried or conveyed up or downe the said River for which any Rate or Toll is payable as aforesaid and that all and every the said Rates or Tolls may be justly and duely paid Be it further enacted by the Authority aforesaid That every Waterman and other Person and Persons that at any Time shall carry or convey up or downe the said River or any Part thereof any such Goods Wares Merchandizes or Commodities for which any Rate or Toll is payable by vertue of this Act (shall upon Demand) give or cause to be given a just and true Account of the Quantity and Quality of all and every such Goods Wares Merchandizes and Commodities by him or them carried or conveyed as aforesaid and of the Name and Names of the respective Owner and Owners thereof to the said Henry Ashley his Heires or Assignes or to his or their Servants or Agents which said Account being putt into Writing by the said Henry Ashley his Heires or Assignes his or their Servants or Agents the said Waterman or other Person giveing the said Account shall subscribe his Name or Marke to the same and in case of Refusall or Neglect to give such Account or to subscribe the same as aforesaid or to pay the Rates or Tolls payable by this Act upon Demand as aforesaid the said Henry Ashley his Heires and Assignes his or their Agents or Servants may detaine or make stay of any Goods or Commodities for which the said Rates or Tolls ought to be paid or of the Vessells in or by which the said Goods or Commodities shall be carried or conveyed untill an Account of the Quantity and Quality of the said Goods and Commodities and of the Name and Names of the said respective Owner and Owners shall be given and subscribed as aforesaid and all and every the Rates and Tolls due and payable for the same shall be fully satisfied and paid or in case of Non-payment of the same Rates or Tolls the said Henry Ashley his Heires and Assignes may sue for the same by Action of Debt (wherein no Essoigne Protection or Wager of Law shall be admitted) or by Action upon the Case in any Court of Record And if the said Henry Ashley his Heires or Assignes his or their Servants or Agents or any of them shall at any Time suspect that the said Account to him or them given by any such Waterman or other Person is not a full and true Account that then it shall and may be lawfull to and for the said Henry Ashley his Heires and Assignes his or their Servant or Servants Agent or Agents at the Costs and Charges of the said Henry Ashley his Heires or Assignes to cause all and every the said Goods and Commodities concerning which he or they shall have such Suspicion to be measured or weighed or may take Tale of the same according as the Quality of the said Goods [shall require (fn. 5) ] at such Place or Places where the same shall be first landed And if the Owner of the said Goods or Commodities or any other Person or Persons shall refuse to permitt or otherwise [hinder (fn. 5) ] the said Henry Ashley his Heires or Assignes or any of his or their Servants or Agents to measure weigh or otherwise take Account of the said Goods or Commodities or any Part of the same that then the said Owner or other Person or Persons soe hindring or refuseing to permitt as aforesaid shall pay to the said Henry Ashley his Heires or Assignes the Summ of Five Pounds for every Parcell of Goods or Comodities for or concerning which such Refusall or Hindrance shall be made as aforesaid (over and besides the Rates or Tolls payable for the same by virtue of this Act as aforesaid) to be recovered by Action of Debt in any Court of Record wherein no Wager of Law shall be admitted nor any more than one Imparlance And in case any Waterman or other Person or Persons manageing or imployed in any Boats or Vessells upon the said River and carrying or conveying any Goods or Commodities for which any Rates or Tolls are payable as aforesaid shall at any Time conceale any or any Part of such Goods or Commodities as shall give an Account of a lesse Quantity of such Goods or Commodities than in Truth there shall be the said Henry Ashley his Heires and Assignes his or their Servant or Servants may refuse to permitt all and every such Waterman and Watermen Person and Persons soe concealeing or giveing such untrue Account as aforesaid to passe with any Boats or Vessells through any of the Sluces Locks Weares Stanches or Works that shall be built or made as aforesaid or to carry or convey any more Goods or Commodities up or downe the said River but may stopp all and every the Vessells that shall be managed by such Person or Persons or in which such Person or Persons shall be imployed (whether the said Person or Persons be the Owner or Owners of the said Vessells or not) untill he and they shall become bound to the said Henry Ashley or to such Person or Persons as shall claime the said Tolls by from or under him in a Bond not exceeding the Summ of Twenty Pounds upon Condition to give a full and true Account of the Quantity and Quality of all such Goods or Commodities as at any Time afterwards shall be carried or conveyed up or downe the said River by him or them or in such Vessells wherein he or they shall serve or be imployed or to that effect

XV. Proviso for Owners of Mills upon the said River.

Provided alwaies That every Owner Proprietor or Occupier of any Mill or Mills upon the said River shall and may from Time to Time as often as Occasion shall require have Liberty to carry or convey in his or their owne Boats up or downe the said River and through the Cutts Passages Sluces and Works that shall be made by the said Henry Ashley his Heires or Assignes all such and soe much Earth and other Materialls as shall be made use of for amending or repaireing his or their said respective Mill or Mills Mill-Dams Banks Stanks or Gates thereto belonging without paying any Toll or Payment whatsoever to the said Henry Ashley his Heires or Assignes for soe passing carrying or conveying such Earth or Materialls and no other Any thing in this Act contained to the contrary notwithstanding

XVI.

Proviso for Sir Edward Gage, and the said William Gage and their Tenants, carrying Muck and Dung, &c.

And whereas the aforementioned William Gage is Owner of or interested in a greater Proportion of Grounds adjacent to the said River betweene Mildenhall and Bury Saint Edmonds aforesaid than any other Person and may be inconvenienced more than any other by the Undertaking aforesaid And whereas likewise the said William Gage and the Tenants of his Grounds adjacent or neare to the said River have heretofore when there was Occasion carried and conveyed the Hay and other Product of their said Grounds out of the same by Boat upon the said River to be laid up or made use of in other Parts of their Farmes. Be it therefore further provided and enacted That Sir Edward Gage Father of the said William Gage and the said William Gage and either of them their and either of their Heires and Assignes of all such Lands whereof the said Sir Edward and William Gage or either of them are now seized and their and either of their Tenant or Tenants of such Lands shall and may from Time to Time as often as Occasion shall require have Liberty to carry or convey in his or their owne Boats upon the said River or any Part thereof and through the Cutts Passages Sluces and Works or any of them that shall be made by the said Henry Ashley his Heires or Assignes all such and soe much Dung or Muck as he or they or any of them shall make use of for manuring the said Lands or any Part of them and no other without paying any Toll or Payment whatsoever to the said Henry Ashley his Heires or Assignes for carrying or conveying as aforesaid such Muck or Dung And further that the said Sir Edward Gage and William Gage and either of them their and either of their Heires and Assignes and their respective Tenants of such Lands or Grounds whereof the said: Sir Edward and William Gage or either of them are now seized shall have Liberty from Time to Time and at all Times hereafter to remove carry and convey the Hay and other Product of their said Lands and Grounds out of the same by Boats upon the said River soe farr as Occasion shall require in order to lay or spend such Hay or Product upon other Parts of their [said (fn. 6) ] respective Lands or Farmes and not otherwise without paying any Toll or Payment to the said Henry Ashley his Heires or Assignes for carrying or conveying such Hay or Product in Manner as aforesaid

XVII. The like as to Proprietors of adjacent Lands.

( (fn. 7) ) Provided alsoe and be it enacted by the Authority aforesaid That all the respective Possessors or Occupiers for the Time being of any such Parcells or Pieces of Ground as adjoyne or are contiguous to the said River shall have Liberty to carry or convey by Boat upon the said River and through the Cutts Passages Sluces and Works that shall be made by the said Henry Ashley his Heires or Assignes soe much Muck and Dung (and no more) as they shall respectively make use of in the composting or manuring such Parcells or Pieces of Ground as aforesaid without paying any Toll or Payment to the said Henry Ashley his Heires or Assignes for soe carrying or conveying such Muck or Dung Any thing in this Act contained to the contrary in any wise notwithstanding

XVIII. Proviso for carrying Coals, not exceeding 20 Chaldrons, Lynn Measure, yearly, to Bury St. Edmonds.

Watermen to give Account of all Things carried, though free of Toll.

And be it further alsoe enacted That soe many Coales as shall not exceed the Quantity of Twenty Chaldron by Lynn Measure in a Yeare may yearely and every Yeare be carried and conveyed up the said River to the Towne of Bury Saint Edmonds aforesaid for the Use of the Poor of the said Towne without paying any of the Rates or Tolls aforementioned for the same to the said Henry Ashley his Heires or Assignes his or their Servants or Agents Neverthelesse all and every the Waterman and Watermen Person and Persons that shall be imployed in the carrying or conveying any of the said Materialls for Repaires as aforesaid or any Dung Hay Coales or other Things exempted from Toll as aforesaid shall give from Time to Time to the said Henry Ashley His Heires and Assignes his and their Servants and Agents a just and true Account of the Quantity of the said Materialls Dung Hay Coales and other Things exempt as aforesaid and of the Name and Names of the respective Owner and Owners thereof in such Manner as is before directed and appointed to be given of or for such Goods and Commodities for which the Rates or Tolls aforementioned are or ought to be payed Any thing herein contained to the contrary in any wise notwithstanding

XIX.

Lightermen, &c. answerable for Damage done by their Servants; Watermen unduly placing their Boats and refusing to remove the same, the said Henry Ashley may enter Boats, &c. and remove the same; Persons opposing such Entry, may be taken before a Justice and put in the Stocks.

And for the preventing of Damages and Mischiefs that may be done and committed by rude and disorderly Persons manageing or imployed in the said Boats Lighters and other Vessells and that the Owners and Masters of the said Boats Lighters and Vessells may be more carefull to prevent the same Be it enacted by the Authority aforesaid That every Boat-master and Owner of any Lighter or Vessell that shall passe up or downe the said River shall be and is hereby made answerable and responsible for any Damage or Mischiefe that shall be done by his Boat Lighter or other Vessell or Vessells or the whole or any of the Crew of his Boat Lighter or Lighters Vessell or Vessells to any of the Sluces Locks Stanches Dams or other Works that shall be made or erected as aforesaid or for any Trespasse or Damage done to the Owner or Possessor of any Lands or Tenements neare adjoyning to the said River otherwise than is provided for or authorized by this Act and contrary to the true Intent and Meaning thereof And the said Boat-master and Owner as aforesaid shall and may be sued and prosecuted for the same and if found guilty the Plaintiffs shall not only recover the Damages thereby sustained but full Costs of Suite And in case any Waterman or Watermen shall place or lay any Boat or Boats Vessell or Vessells in any of the said Sluces Weares Stanches Cutts Trenches or Passages or in the said River soe as to obstruct the Passages of other Boats or Vessells and upon Request shall refuse to remove the said Vessell or Vessells into some other Place higher or lower on the Water where there may be no such Obstructions that then it shall and may be lawfull for the said Henry Ashley his Heires and Asssignes his or their Agents or Servants and all and every other Person and Persons authorized or appointed by him or them to enter into all and every the Boats or Vessells causing such Obstruction and to remove them higher or lower on the Water as they shall see cause to such Place where they shall not cause such Obstruction as aforesaid And in case of opposeing or refuseing to permitt the said Henry Ashley his Heires or Assignes his or their Servant or Servants Agents or Agents or other Person or Persons appointed as aforesaid to enter into such Vessell or Vessells soe obstructing or to remove the same as aforesaid that then every Person soe opposeing or refuseing shall and may by the Authority of this Act and without any other Warrant be apprehended by the Constable of the Parish within which such Obstruction shall be and by the said Constable be had before the next Justice of the Peace within the County where the said Parish is who upon Proofe of the said Matter by one or more credible Witnesses upon Oath (which Oath the said Justice shall administer) is hereby authorized and required to order such Person and Persons to be putt into the Common Stocks within the same Parish where the said Matter or Offence shall be committed by the Space of Two Hours as a Punishment for such his or their Obstinacy and Perversnesse

XX. The said Henry Ashley, &c. with Approbation of Commissioners, may make Bye Laws, &c. for governing the Watermen, &c. and inflict Penalties.

Bye Laws, &c. to be in Writing under Hand and Seal.

And be it further enacted by the Authority aforesaid That the said Henry Ashley his Heires and Assignes shall be and are hereby authorized and impowered by and with the Consent and Approbation of the said Commissioners or any Fifteene of them from Time to Time to make By-Laws Orders and Constitutions for the well governing and ordering the Watermen and Boat-men that shall carry or convey Goods or Commodities upon that Part of the said River betweene Mildenhall-Mill and Bury Saint Edmonds aforesaid and to set lay and execute such reasonable Penalties and Punishments upon the Breakers thereof either by stopping or denying Passage for the Boats or Lighters of the Person or Persons offending or wherein such Person or Persons offending shall be employed or otherwise as according to Discretion shall be meet and reasonable which said By-Laws Orders and Constitutions shall be put in Writing under the Hands and Seales of the said Henry Ashley his Heires or Assignes and of the said Commissioners or any Fifteene of them and shall be kept by the Clerke of the Peace for the Towne and Borough of Bury Saint Edmonds aforesaid among the Records of the Sessions of the Peace for the said Towne and Borough

XXI. In Action for executing Act,

General Issue may be pleaded; Full Costs.

And be it hereby further enacted That if any Action Suite or Information shall be commenced or prosecuted against any Person or Persons for any thing that he or they shall doe or cause to be done in pursuance or execution of this Act such Person or Persons soe sued in any Court whatsoever shall and may plead the [Generall (fn. 8) ] Issue of Not Guilty and upon any Issue joyned may give this Act and the speciall Matter in Evidence And if in any such Suite the Plaintiffe or Prosecutor shall become Nonsuit or forbeare Prosecution or suffer a Discontinuance or if a Verdict shall passe against him or Judgment be given against him upon a Demurrer then in any of the said Cases the Defendant or Defendants shall recover full Costs And this Act shall be taken and allowed in all Courts within this Kingdome as a Publick Act and all Judges and Justices are hereby required as such to take Notice thereof without speciall pleading the same

XXII. No Public Wharf to be within Bury St. Edmonds without the Allowance of the Corporation.

And it is hereby further enacted by the Authority aforesaid That no publick or common Wharffe or Key for the landing lading unlading or Stowage of Goods or Merchandizes shall be sett upp made or used within the Borough of Bury Saint Edmonds aforesaid or the Bounds or Limitts of the same without Allowance of the Alderman principall Burgesses and Burgesses of the Common Councill of Bury Saint Edmonds aforesaid for the Time being under the Common Seale of their Corporation and of Seaven at least of the said Commissioners not being Members of the said Corporation for that Purpose first had and obtained

XXIII. Proviso for Gentlemen keeping Pleasure Boats upon the River, not to carry Goods, except for Use of the Boats.

And be it further enacted by the Authority aforesaid That it shall and may be lawfull for any Gentleman or Person of Quality to have and keepe on the said River a Boat or Boats for his or their Pleasure to row and saile up and down the said River and shall not be liable to pay any Toll or other Payment whatsoever for the same Provided the Owner or Owners of the said Boats shall not carry any Goods or Merchandize in the said Boats other than what shall be necessary for the Time such Boats are used for Pleasure And that the said Pleasure-Boats shall or may at all Times have Liberty of rowing and saileing on the said River without any Hindrance or Molestation from the said Henry Ashley his Heires or Assignes or any other Person or Persons whatsoever Any thing in this Act contained to the contrary in any wise notwithstanding.

Footnotes

  • 1. interlined on the Roll.
  • 2. on.O.
  • 3. interlined on the Roll.
  • 4. shall O.
  • 5. interlined on the Roll.
  • 6. interlined on the Roll; omitted in King's Printer's Copy.
  • 7. annexed to the Original Act in a separate Schedule.
  • 8. Gerall O.