Selected quad for the lemma: england_n
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A22975
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An acte concernyng the citee of Chester, for weares in the riuer of Dee the xxv. chapiter.
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England and Wales.; England and Wales. Sovereign (1547-1553 : Edward VI)
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1551
(1551)
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STC 9432.7; ESTC S1973
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4,972
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6
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and of suche widenesse and depth ouer and besides thesaid third part of thesaied riuer of Dee as to theim shall seme mete and conuenient And that thesaied commissioners or fower of theim whereof twoo of theim to be of thesaied counsaill shall haue full power and aucthoritie by vertue of this present act to appoynct a line waie for menne to drawe vpward and douneward boates cogges and other cariage vpon thesaied riuer of Dee within the boundes aforesaid thesaid drawers to go vpon suche side and sides of thesaied riuer and in suche place places and thesame line waie to bee of suche widenesse or bredth in suche maner and forme as thesaied Commissioners or fower of them whereof twoo of theim to be of thesaied counsaill by their discrecions shall appoynct and thynke mete and conuenient from tyme to tyme and thesame line waie or order to chaunge and redresse and to appoynct some other lyne waie or order thereof if thei shall se cause as to their discrecions shall seme mete and expedient thesame line waie to bee made at the costes of the citizens of Chester aforesaied for the tyme beeyng And that all and euery persone and persones shall permit and suffer suche line waie so appoyncted to be occupied vsed and excercised accordyngly without let interrupcion or impediment of any persone or persones in suche maner and forme as is vsed vpon the riuer of Thamis where the Westerne Barges vse to haue passage and repassage And that euery persone and persones shall permit and suffre euery suche order and direccion as shal be so made by thesaied commissioners or fower of them whereof twoo of them to be of thesaied counsaill to stande remain and take force from tyme to tyme. And that it maie be further enacted by the aucthoritie aforesaied that if any persone or persones after thesaied first daie of Aprill and after proclamacion made by thesaid commissioners or .iiij. of them in the foresaid citee of Chester thre market daies after the makyng and appoynctyng of their saied ordinaunces and diuises to the appoyncted by this present act will or shall willyngly infringe or breake any poynct article clause prouision or ordinaunce conteined and specified in this present act or to bee made ordeined or prouided by aucthoritie of this present acte that then euery persone and persones so willyngly offeÌ„dyng after suche proclamacions shall lose and forfaict for euery tyme so offendyng the some of one hundreth shillynges wherof the one halfe to be to your maiestie your heires or successours and the other halfe to hym or theim that will sue for thesame by accion of debt bil plaint or informacion in any court or courtes of record within your realme in whiche sute no wager of law essoyn or protection shal be admitted ne allowed and shall further abide suche punishement and correction as by thesaied commissiones or foure of them shal be thought and determined to be mete and conuenient Prouided alwaie and bee it further enacted by thaucthoritie aforesaied that thesaied third parte of the riuer of Dee to bee left or made for passage repassage and cariage as is beforesaied shal be lefte taken and made where and in suche places as any weares or milles be now standyng vpon thesaied riuer within the boundes aforesaied on the farther side of thesaied streame or riuer from the dwellyng houses or milles of the owners and enhabiters of thesaied weares or milles Prouided also and be it further enacted by thaucthoritie aforesaid that all and euery suche persone and persones as lawfully now haue any weares within thesaied riuer of Dee shall and maie from tyme to tyme set hang or laie his or their nettes in thesaied third part of thesaid riuer where thesaied weares bee now standyng And that it shal be lawfull to all and euery suche persone and persones as shall come with any boates vesselles or other the thynges aboue mencioned from tyme to tyme and at all tymes to louse vndoo and vntie the one ende of all and euery suche nettes and ropes so as thei and euery of theim maie haue their free passage repassage and cariage vpon thesaied riuer of Dee vp and doune thesaied riuer without let vexacion or impechement of any persone or persones of or for thesame this act or any other thyng therin conteined to the contrary in any wise notwithstandyng Prouided alwaies and it is ordeined and enacted by thaucthoritie aforesaid that no maner of mille mille daÌ„mes weare kedell or fishe garthes shal be pulled doune abated or destroyed by vertue of this acte before that aswell the kynges Maiestie as all and singuler persones and person whiche shall haue good and lawfull title or interest in or to suche milles mille daÌ„mes weares kedelles and fishe garthes or mille weare kedell or fishe garthe as shal be appoyneted to be pulled doune abated or destroyed by meane of this act shal be recompensed by the inhabitauÌ„tes of thesaid citee of Chester or by the meanes of some of them for suche dammages and losse as he or thei shall sustein by occasion of pullyng doune abatyng or destroiyng of any milles mille dammes weares kedelles and fishegarthes or of any mille mille damme weare kedell or fishe garthâ— in suche maner and forme as shal be limited or assigned by foure persones or more then beyng of the kynges counsaill in the marches of Wales or in their default or negligence by the lorde Chauncellor of Englande or lorde keper of the greate seale of Englande the lord Threasaurer of Englande the lorde great Maister of the kynges moste honourable houshold and the lorde keper of the kynges priuie Seale for the tyme beyng or two of them at the least wherof the lorde Chauncellor or the lorde Threasaurer to be one or els euery persone dampnified in that behalfe to haue like accion and remedy as he or thei might haue had before the makyng of this act any thyng aboue mencioned to the contrary in any wise notwithstandyng thesaied recompence to bee made to suche persone and persones as shall haue iust title or interest in the thyng or thynges that shal bee pulled doune abated or destroyed at the tyme thesame shal be appoyncted so to be Prouided also and it is ordeined and enacted by the aucthoritie aforesaid that all and singuler persone and persones whiche at any tyme hereafter shall dampnifie hurte or hinder any other person or persones by occasion of cuttyng doune of any tree or trees growyng vpon his or their grouÌ„d or of castyng cariyng or laiyng of any stones prebles grauell or sande vpon the lande of any other by meane of this acte shal bee bounden by vertue of this act to make suche reasonable ameÌ„des for thesame as by foure or more of thesaid counsaill and in their default or negligence by the Lordes aboue mencioned or twoo of theim whereof the lorde Chauncellor or lorde Threasaurer to be one shal be limited or assigned to be made and if default shal be of makyng of suche amendes as so shal bee limited or assigned that then euery persone dampnefied or hindered in that behalfe shall haue like accioÌ„ and remedy for thesame as he or thei might haue had if this act had neuer been had or made any thyng afore specified to the contrary in any wise notwithstandyng ¶ God saue the Kyng RICHARDVS GRAFTONVS typographus Regius excudebat Mâ—nse Martio Anno M.D.LI. Cum priuilegio ad imprimendum solum
EDVARDI VI. ¶ An Acte concernyng the citee of Chester for weares in the riuer of Dee ¶ The .xxv. Chapiter IN moste humble wise sheweth vnto your royall maiestie your true faithful and obedient subiectes the Maior Aldetmen Sherifes Commonaltie and Inhabitantes of your graces citee of Chester that where thesaid citee is one of the auncientest Citees within your realme whereby the tounes and contrees adioynyng haue heretofore had greate relief commoditie and profite and is the chief keye defence in those partes to furnish and serue your grace in all your affaires and weightie businesse into your realme of Irelande and Scotlande and hath no other aide or helpe whereby thesaied citee is chiefly mainteined but by the riuer of Dee runnyng and commyng to thesaid citee and the hauen there very shalowe and daungerous for all shippes and vesselles to repaire and come vnto thesaied citee so that aswell the inhabitantes of thesame as also straungers at this daie with their wares and merchaundises do not reade or haue recourse there as thei heretofore wer accustomed to do to the greate detriment of thesame And forasmuche as diuerse persones hauyng landes adioynyng to thesame riuer of Dee for their priuate lucre and commoditie not regardyng the common weale of the whole couÌ„treis and citizeins haue heretofore made reared and caused to bee fixed and set vp in and cleane ouer thesaied riuer of Dee sondrie weares gores greate hedges piles gates fishe gates nettes and other ingines for takyng of fishe within thesaied riuer and still do preserue kepe maintein thesame By reason whereof the merchauntes and other enhabitantes of thesaied citee cannot haue recourse ne liberall and direct passage in and vpon thesaied riuer with their Cogges Kielles Boates fleutes of buildyng timber fewell and other timber for makyng of shippes and vesselles for the conueighyng and bryngyng of thesame and other their wares and merchaundizes by water in to and from the maine lande or countrey neither also the inhabitantes of the countrey there can conueniently haue any passage to conueigh come or bryng by water vp or doune to or from thesaied citee any fewell timber corne or other thyng necessary to serue thesaied citee but onely by lande by the whiche their trauell and recourse by lande to the markettes faires and all other tymes the high waies and lanes are not onely so foule and deape that no persone in the winter tyme can easely escape the anoyance and daungier thereof to come to thesaied citee to bryng victuall wares and merchauÌ„dizes whiche causeth greate scarcitie want and dearth thereof but also the broode and frie of Salmon and other fishe in thesaied riuer is and be commonly thereby destroyed whiche saied inconueniences incommodities and other enormities as heretofore haue been expressed is hath been by reason thesaied citee beyng parcell of the Countie Palentine of Chester hath been alwaies exempted excluded and separated from your high court of Parliament to haue any Burgeses for thesaid citee within this honourable Courte till now of late at the Parliament holden at Westminster in the .xxxij. yere of the reigne of your late father of moste famous memory kyng Henry the eight By reason wherof thesaied citee and inhabitauntes haue hetherto susteined manifold disherisons losses and daungers and this thesaied citee is like to be vtterly empouerished go to decaye and vtter ruyne and destruccion onlesse spedy remedy bee in that behalfe shortly had and prouided And for that euery citee of Englande hath the commoditie of the riuers and greate waters commyng to their citees to haue free passage to transport conueigh and bryng vp and doune at their pleasure and libertie all wares and other thynges behouefull and necessary for theim but onely your graces citee of Chester For redresse and reformacion whereof pleaseth it your moste royall maiestie that it maie be enacted by your saied maiestie with the assent of the lordes spirituall and Temporall and the Commons in this present Parliament assembled and by the aucthoritie of thesame that all and euery maner of persones of what estate degree or condicion soeuer he or thei be that heretofore haue reared fixed and set or hereafter shall reate fixe or set in or ouer thesaied riuer or water of Dee any weares gores floudgates hedges fishe gates piles stakes nettes or other engine froÌ„ your graces Fullyng milles vpon thesaied riuer of Dee at Chester vpward thesaied riuer of Dee vnto your toune of Corwyn in your countie of Merioneth shall afore the first daie of Aprill nexte commyng and at all tymes after thesaied first daie of Aprill leaue and permit and suffre to bee made and lefte the third parte of thesaied streame or water of Dee for a free passage in and vpon thesaid water of Dee for all maner of flotes of wodde bordes timber boates barges cogges and kieles laden and vnladen and al other cariage to passe and repasse vpon thesaid riuer in all places betwene the kynges saied Fullyng milles at Chester and thesaied toune of Corwyn frankly without let or impediment of any persone or persones and that the citezens of your citee of Chester for the tyme beeyng and all and euery other persone and persones at their awne costes maie and shall from tyme to tyme and at all tymes as often as oportunitie and nede shall require by their industrie and pollicie and by all the reasonable waies and meanes thei can clense cutte digge cary and caâ—â— vpon the lande to thesaied riuer adioynyng â–ª all suche and euery sande beddes grauell stones and rockes in thesaied riuer whiche be or shal be preiudiciall noysome or hurtfull to the passage repassage and cariage vpon thesaied riuer within the boundes aforesaid And also shall and maie dooe and execute at all tymes at their awne costes all and euery reasonable thyng and thynges act and actes whereby thesaid riuer maie be clensed or made deaper and the streame water therof to haue a more higher better and directer course passage doyng as litle hurte to the soyle and ground whereupon thei shall cast thesame as thei reasonably maie deuise And that it maie be further enacted and established by the aucthoritie aforesaied that if thesaied third part of thesaied water or riuer of Dee be not sufficient for suche cariage passage and repassage as is aforesaied that then the lorde Chauncellor of Englande for the tyme beeyng maie from tyme to tyme vpon complaint to hym made by suche partie as shal be greued directe the kynges Commission vnder the greate seale of Englande to sixe Commissioners wherof three to be of the counsaill of the marches of Wales and the other three to be of the honest inhabitauntes of thesaid citee of Chester And that thesaid commissioners or fower of theim whereof twoo to bee of thesaied counsaill shall haue full power and aucthoritie by vertue of this saied act at the costes of thesaied citizens from tyme to tyme to appoynct suche conuenient waie and passage vpon thesaied riuer within thesaied boundes