<P_5,687>

<heading>

CHAPTER XIV . (STAT-1670-E3-P2,5,687.3)

An Act for settling the drayneing of the Fennes in Lincolneshire called
Deepeing Fennes . (STAT-1670-E3-P2,5,687.4)

</heading>

Whereas by an Act of this present Parliament made at a Session held in
the Sixteenth and Seaventeenth yeare of His Majesties Raigne entituled
An Act for drayneing the Fenns called Deeping Fenns and other Fenns
therein menco~ed It is amongst other things enacted , That the Trustees
therein named their Heires and Assignes should drayne the said Fenns in
manner as is therein expressed within the Space of seaven yeares then
next ensueing But by reason of some inconveniencies in the said Act and
other discouragements the said Trustees have delayed to proceed in the
said worke ; till by a Law Order and Decree of Sewers made at a
Generall Sessions of Sewers holden at Spalding in the County of
Lincolne the Foureteenth Day of Aprill in the One and twentieth yeare
of his said Majesties raigne , it was adjudged ordered and decreed That
in case the tyme remaineing and then yet to come of the seaven yeares
aforesaid by reason of the unseasonablenesse of the weather or other
unavoidable accident should not be sufficient for the compleateing and
finishing the said worke , and should be soe adjudged and declared by
six or more of the Commissioners of Sewers of the County of Lincolne ,
whereof three to be of the Hundred of Nesse at their Publique and open
Sessions to be holden at Spalding aforesaid And the said Trustees their
Heires and Assignes should within one halfe yeare after makeing the
said Order and Decree of Sewers sufficiently maintaine and repaire the
Banck called Hawthorn Banck and the Banck called the Douzens and soe
from tyme to tyme should maintaine and preserve the same then the space
or time of three yeares should be added and granted to the said
Trustees their Heires and Assignes for the better effecting and
finishing the said worke ; (STAT-1670-E3-P2,5,687.6)

And further it was then adjudged ordered and decreed by the said
Commissio~: of Sewers That from thenceforth it should and might be
lawfull for the said Trustees their Heires and Assignes to take Earth
and Manure for the makeing and repaireing any the Bancks made or to be
made for the drayneing and preservaco~n of the said Fenns on the River
or Washside in such proporco~n as need should require and where Earth
sufficient could not be had on that side that it should and might be
lawfull for the said Trustees their Heires and Assignes to take Earth
and Manure on the Land side or inside of any the said Banks not
exceeding sixscore foote distance from any the said Banks without
payeing any satisfaco~n: for the same except for cutting or covering
such Grounds as were then severall for which satisfaco~n should be made
and given by the Commissioners of Sewers appointed by the said Act in
such manner as by the said Act of Parliament is limitted and directed
(STAT-1670-E3-P2,5,687.7)

And it was then alsoe adjudged ordered and decreed by the said
Commissioners of Sewers that noe satisfaco~n should be made or given to
any person or persons for any losse or da~mage which by reason of any
breach or overflowing hath or shall hereafter happen to any the Fenns
$co~monly called Deepeing Fenns or other the Fenns by the said Act of
Parliament intended to be drayned , for as much $as the said Trustees
their Heires and Assignes would be the greatest sufferers thereby By
which said Law Order and Decree of Sewers the said Trustees their
Heires or Assignes haveing been encouraged to proceed in the drayneing
of the said Fenns untill an Act of Parliament might be obtained for
their better assureance and security , And in confidence thereof
haveing already expended great sumes of money in the said worke Bee it
therefore enacted by the Kings most excellent Majestie by and with the
Consent of the Lords Spirituall and Temporall and Co~mons in this
present Parliament assembled and by the Authority of the same That in
case the tyme remaineing and yet to come of the seaven yeares afore
menco~ed by reason of the unseasonablenesse of the weather or other
unavoidable accidents shall not be sufficient to compleate and finish
the said worke and shall be soe adjudged and declared by six or more of
the Comissioners of Sewers of the County of Lincolne whereof three to
be of the Parts of Kesteven not interested in the said undertakeing at
their publique and open Sessions to be holden at Spalding aforesaid And
the said Trustees their Heires and Assignes shall within one halfe
yeare after the passing of this Act sufficiently $maintaine $and
repaire the said Bank called the Douzens and the said Bank called
Hawthorne Bank and soe from tyme to tyme shall maintaine and preserve
the same then the space or tyme of three yeares shall be added and
granted unto the said Trustees their Heires and Assignes for the better
effecting and finishing the said worke , (STAT-1670-E3-P2,5,687.8)

And further , bee it enacted by the Authority aforesaid That from
henceforth it shall and may be lawfull for the said Trustees their
Heires and Assignes to take Earth and Manure for the makeing and
repaireing any the Banks made or to be made for the dreyneing and
preservaco~n of the said Fenns on the River or Wash side of any the
said Banks in such proporco~n as need shall require , and where Earth
sufficient $can $not {TEXT:cannot} be had on that side it shall and may
be lawfull for the said Trustees their Heires and Assignes to take
Earth and Manure on the Land side or inside of any the said Banks not
exceeding sixscore foote distance from any of the said Banks without
paieing any satisfaco~n for the same except for cutting and covering
such Grounds as now are severall for which satisfaco~n shall be made
and given by the Commissioners of Sewers appointed by the said Act in
such manner as $in $and by the said Act of Parliament is limitted and
directed (STAT-1670-E3-P2,5,687.9)

And further be it enacted by the Authority aforesaid That noe
satisfacon shall be made or given to any p~son or p~sons for any losse
or da~mage which by reason of any breach or overflowing hath or shall
hereafter happen to any the Fenns now co~monly called Deeping Fenns or
other the Fenns by the said Act intended to be drayned , forasmuch as
the said Trustees their Heires and Assignes will be the greatest
sufferers thereby Any thing in the said Act to the contrary
notwithstanding (STAT-1670-E3-P2,5,687.10)

<P_5,688>

And whereas by the said Act Three thousand five hundred Acres , and One
thousand Acres and Five hundred Acres are added and allotted to the
said Trustees their Heires and Assignes Which said Three thousand five
hundred Acres One thousand Acres and Five hundred Acres were to be
admeasured by Statute Measure by two Artists and sett out by them at
the charge of the said Trustees their Heires or Assignes or the
Survivor of them one to be chosen by the Commissioners of Sewers for
Kesteven and Holland and one other by the said Undertakers , Which said
Three thousand five hundred Acres , and One thousand Acres and Five
hundred Acres have been since admeasured and sett out according to the
direco~ns in the said Act Bee it therefore enacted by the Authority
aforesaid That the said Trustees their Heires and Assignes shall hold
and enjoy the same as they are soe sett forth or now enclosed
(STAT-1670-E3-P2,5,688.12)

And for the better security and preservaco~n of the said works Bee it
enacted by the Authority aforesaid That if any person or persons except
such as shall be authorized by the said Trustees their Heires and
Assignes shall wilfully or maliciously stopp any River or Drayne cutt
breake or throw downe any Bank Sluce or other worke made or to be made
within or without the said Fenns except as in the said Act is limitted
and p~mitted such person or persons offending as aforesd~ shall make
full satisfaco~n to the person and persons as shall be injured thereby
to be recovered by an Acco~n in any of His Majesties Courts of Record
at Westminster wherein noe Essoigne Protecco~n or Wager of Law shall be
allowed (STAT-1670-E3-P2,5,688.13)

and in case he or they soe offending shall not be able to give or make
satisfaco~n as aforesaid then such person or persons shall and may be
prosecuted and punished for the same as in the case of cutting the Poe
Dik in Marsland is provided (STAT-1670-E3-P2,5,688.14)

And for the more convenient layeing and leavying of Taxes , and for the
better security of all such persons as shall become Participants and
Adventurers in the said work under the said Trustees their Heires and
Assignes Bee it enacted by the Authority aforesaid That the Undertakers
in the said Act menco~ed their Heires and Assignes or any three or more
of them each of them being Owner of Two hundred and fifty Acres or more
part of the Tenn thousand thirty six Acres by the said Act made
chargeable with Taxes for carrying on the dreyneing of the said Fenns
shall and may at a Publique Meeting of the said Undertakers to be
holden at the Towne of Spalding in the County of Lincolne on $the
Thursday next after the second Sunday in Aprill yearely <paren> at
which tyme and place the said Undertakers are hereby enjoyned to hold
their publique meeting once in every yeare for ever hereafter </paren>
assesse and rate an equall Acre Tax on all and every the said Tenn
thousand thirty six Acres to be paid on the Tenth Day of October then
next following and alsoe impose a Penaltie not exceeding the third part
of the said Tax , (STAT-1670-E3-P2,5,688.15)

and if the said Tax be not paid by the respective Undertakers at or
before the Tenth Day of November then next following then such
Undertakers soe faileing shall forfeit the Penaltie imposed to be
leavyed together with the said Tax by sequestraco~n and sale of the
Land of such Undertakers in such manner as is herein after expressed
<paren> that is to say </paren> if the said Tax and Penaltie or any
part thereof be unpaid untill the Thursday after the second Sunday in
Aprill then next following that it shall and may be lawfull for the
said Undertakers or any three or more of them qualified as aforesd~ at
their publique meeting on the last menco~ed Thursday at the Towne of
Spalding aforesaid by a Writeing under their Hands and Seales to that
purpose made and directed to their Receivo=r= for the tyme being to
cause to be seized and sequestred the Lands for which such Tax and
Penaltie shall be soe in arreare , (STAT-1670-E3-P2,5,688.16)

And the said Recivo=r= is hereby enabled upon receipt of such Writeing
to enter upon the said Lands and to take receive and leavy the Rents
Issues and Profitts thereof till the said Tax and Penalty due as
aforesaid be fully satisfied the same to be imployed for the dreyneing
and preserving the said Fenns without any accompt to be given thereof
to the Owner or Owners of such Lands (STAT-1670-E3-P2,5,688.17)

And if the said Tax and Penaltie with such other Tax and Penaltie as
shall be due dureing the said Sequestraco~n shall not be fully
satisfied before the Thursday next after the second Sunday in Aprill
then next following that it shall and may be lawfull for any three or
more of the said Undertakers qualified as aforesd~ at their then
publique meeting at the Towne of Spalding aforesaid by Deed under their
Hands and Seales duely executed and enrolled or entred within three
moneths then next following with the Register of the said Undertakers
in his Register Booke for entering Conveyances to bargaine and sell to
any p~son or p~sons such or soe much of the said Lands for which such
Tax and Penaltie shall be in arreare as shall be sufficient to satisfye
the said Tax or Taxes and Penalties in arreare and returne the Overplus
of the money <paren> if any be </paren> to the Owners of the said Lands
Which Deed soe executed and enrolled or entered is hereby enacted to be
a sufficient Conveyance of the said Lands to such person or persons to
whom the same shall be bargained and sold as aforesaid
(STAT-1670-E3-P2,5,688.18)

And be it enacted that noe Tax for dreyneing or preserveing the said
Fenns shall at any tyme hereafter be taxed or leavyed at any other tyme
or in any other manner then is herein before expressed
(STAT-1670-E3-P2,5,688.19)

And be it further enacted by the Authority aforesaid That if any sume
or su~mes of money shall be raised or leaved by vertue of the Authority
given by the said Act to the Commissioners of Sewers upon the Lands
Goods or Chattells of the Adventurers or Owners of the said Tenn
thousand thirty six Acres or any of them or upon the Lands Goods or
Chattells of any their respective Ten=a=nts Farmo=rs=: or Occupiers for
any the matters or things in the said Act menco~ed if the Trea~r for
the tyme being to the said Undertakers shall not within Twenty Dayes
after demand made pay and satisfye the same with such Da~mages as such
person or persons shall susteyne thereby to such person or persons on
whose Lands Goods or Chattells any sume or su~mes of money shall be
<P_5,689> raised or leavyed as aforesaid that then the person and
persons soe dampnified shall and may devide the said su~me or su~mes of
money leavyed on him or them as aforesaid together with his or their
Da~mages susteyned thereby into equall proporco~ns to be charged on
every the Owners of the said Ten thousand thirty six Acres in a
rateable way according to their respective number of Acres ,
(STAT-1670-E3-P2,5,689.20)

and if any such Owner shall not within Twenty Dayes after demand pay to
the partyes soe dampnified his respective part or proporco~n thereof
such person or persons soe dampnified shall and may recover the same by
Acco~n of Debt against the person or persons soe neglecting or
refuseing to pay the same in any of His Majesties Courts of Record at
Westminster in which Aco~n noe Essoigne Proteco~n or Wager of Law shall
bee admitted . (STAT-1670-E3-P2,5,689.21)

Provided alwaies and bee it further enacted that it shall and may bee
lawfull for six or more of the Comission~s of Sewers for the County of
Lincolne to direct the cutting of any the Bankes in the said Parts of
Holland without the said Fenns for the laying downe any Tunnell or
Tunells in such place or manner as to them shall seeme meete for the
takeing in or letting out of Water to any the Lands of Spalding
Pinchbeck or Weston (STAT-1670-E3-P2,5,689.22)

but the said Trustees their Heires or Assignes shall not stand
chargeable therewith (STAT-1670-E3-P2,5,689.23)

nor shall be lyable to make or give any satisfacco~n for any da~mage
hapning thereby (STAT-1670-E3-P2,5,689.24)

And bee itt further enacted that it shall not be lawfull for any person
or persons whatsoever to lett or take any Waters out of the Rivers of
Glean or Welland into any other place or places then into the places
afore mentioned or into the Fenns co~monly called Deeping Fenns
(STAT-1670-E3-P2,5,689.25)

but the said Trustees their Heires or Assignes their Servants or Agents
or any other person shall have power imediatly to stop the same
(STAT-1670-E3-P2,5,689.26)

and alsoe shall or may recover Da~mages against such person or persons
soe offending by Acco~n in any of His Ma=ties= Courts at Westminster in
which Acco~n noe Essoigne Proteco~n or Wager of Law shall bee admitted
. Any Law Statute Costome or Usuage to the contrary in any wise
notwithstanding (STAT-1670-E3-P2,5,689.27)

<P_5,732>

<heading>

CHAPTER XVIII . (STAT-1670-E3-P2,5,732.30)

An Act for the better regulateing of Workehouses for setting the Poore
on Worke . (STAT-1670-E3-P2,5,732.31)

</heading>

For the more effectuall putting in Execution of an Act of Parlyament
made in the fowerteenth yeare of your Majestyes Raigne entituled , An
Act for the better Releife of the Poore of this Kingdome . And to the
end that the Poore of the severall Parishes within the City and
Liberties of Westminster and other Parishes within the County of
Midlesex mentioned within the weekely Bill of Mortality , may for the
future be duely provided for according to the intent and meaneing of
the said Act , May it please your most excellent Majesty that it may be
enacted , and bee it enacted by the Kings most excellent Majestie by
and with the advice and consent of the Lords Spirituall and Temporall
and Commons in this present Parlyament assembled and by the authoritie
of the same {COM:begin_interpolated_text} That all moneys assessed or
ordered to be assessed upon any person in pursuance of the said Act
since the first day of March in the yeare of our Lord One thousand six
hundred sixty and five shall be collected and paid in to the Treasurers
of the respective Corporations by or before the nine and twentyeth day
of September in the yeare of our Lord One thousand six hundred seaventy
and one . (STAT-1670-E3-P2,5,732.33)

And all moneys already collected by authority of the said Act shall be
paid into the said Treasurers by or before the first day of June in the
yeare of our Lord One thousand six hundred seaventy & one .
(STAT-1670-E3-P2,5,732.34)

And {COM:end_interpolated_text} that the Officers of the said
Corporations erected and constituted in pursuance of the said Act and
their Treasurers shall make and give Quarterly Accompts to the Justices
of Peace , who are hereby required to demand and call for the said
Accompts , and are not to raise any more moneys upon any new
Certificates whatsoever , untill there be a just Accompt given to , and
allowed by the Justices of the Peace aforesaid according to the true
intent and meaning of the said former and this present Act .
(STAT-1670-E3-P2,5,732.35)

And whereas some Accompts have been made by the former Governours of
part of the moneys raised by the Act aforesaid , and some of them stand
engaged for payment of certaine Summes of money , which were borrowed
and expended in pursuance of the said former Act , Bee it further
enacted That all such Accompts which shall appeare to the said Justice
<paren> not haveing beene Governours of the said Corporations </paren>
to have beene made according to the Act aforesaid shall be and are
hereby ratifyed and confirmed , and that such moneys as have not beene
accompted for as aforesaid shall be accompted for according as in the
said Act is provided . And that all moneys lent , and all such Debts ,
as any of them , or any of the Members of the said Corporations
aforesaid stand engaged for , and have beene contracted for the Uses
expressed in the said Act , shall upon order from the Justices
aforesaid <paren> ascertaining the same </paren> be discharged and
satisfyed by the respective Treasurer or Treasurers for the time being
, and shall from time to time be allowed in their respective accompts .
(STAT-1670-E3-P2,5,732.36)

And bee it further enacted by the authority aforesaid That noe Summe or
Summes of money to be leavyed upon the Inhabitants of any of the said
respective Parishes according to the said former or this present Act
shall in any one yeare exceede one fowerth part of the Assessment to
the Poore for that yeare , laid on any of the Parishes and Liberties
aforesaid , Which said Summe shall be paid by the respective
Inhabitants of the said Parishes at two severall payments to the
Treasurer or Treasurers for the said Corporations <paren> that is to
say </paren> at the Feast of Saint Michael the Arch-Angell , and the
Annunciation of the blessed Virgin Mary , or within fowerteene dayes
after either of the said Feasts as aforesaid .
(STAT-1670-E3-P2,5,732.37)

And bee it alsoe enacted That noe Assesment shall be laid or made on
any the Parishes aforesaid after the nine and twentyeth day of
September which shall be in the yeare of our Lord One thousand six
hundred seaventy and five , Any thing in the said former or this
present Act to the contrary in any wise notwithstanding .
(STAT-1670-E3-P2,5,732.38)

Provided alwayes That noe thing herein contained shall in any sorte
extend to the superseding , altering or vacating any of the Powers
given by the said former Act to the Lord Maior and Governours for the
Corporation within the City of London or the Parish of Saint Margarets
Westminster but that the same and all the other Clauses and Articles in
the said former Act shall to all intents and purposes be fully executed
and observed within the City of London , and Parish of Saint Margarets
Westminster as if this Act had not beene made . Any thing herein
contained to the contrary thereof in any wise notwithstanding .
(STAT-1670-E3-P2,5,732.39)