EDVARDI. VI  
¶ An Act, concerning the city of Chester, for wears in the river of Dee.  
¶ The xxv Chapter.  
IN most humble wise, showeth unto your royal majesty, your true faithful and obedient subjects the Mayor, Aldetmen, Sheriffs, Commonalty, and Inhabitants of your grace's city of Chester: that where the said city, is one of the ancientest cities within your realm, whereby the towns and countries adjoining, have heretofore had great relief, commodity, and profit, and is the chief key & defence in those parts, to furnish and serve your grace in all your affairs, and weighty business, into your realm of Ireland and scotland, and hath no other aid or help; whereby the said city is chief maintained, but by the river of Dee, running and coming to the said city, and the haven there very shallow and dangerous for all ships and vessels, to repair and come unto the said city, so that aswell the inhabitants of the same, as also strangers at this day, with their wares and merchandises do not read or have recourse there, as they heretofore were accustomed to do, to the great detriment of the same. And forasmuch as diverse persons having lands adjoining to the same river of Dee, for their private lucre and commodity, not regarding the common weal of the whole countries and citizens, have heretofore made, reared, and caused to be fixed and set up, in, and clean over the said river of Dee, sundry wears, gores; great hedges, piles, gates, fish gates, nets, and other engines, for taking of fish within the said river, and still do preserve, keep, & maintain the same: By reason whereof, the merchants, and other inhabitants of the said city, cannot have recourse, ne liberal and direct passage, in, and upon the said river, with their Cogs, Kielles, Boats, fleutes, of building timber, fuel, and other timber for making of ships, and vessels for the conveying and bringing of the same and other their wares and merchaundizes by water, in, to, and from the main land or country, neither also the inhabitants of the country there, can conveniently have any passage to convey, come, or bring by water, up, or down, to, or from the said city, any fuel, timber, corn, or other thing necessary to serve the said city, but only by land, by the which their travel and recourse, by land to the markets, fairs, and all other times, the high ways and lanes, are not only so foul and deep, that no person in the winter time, can easily escape the annoyance and danger thereof, to come to the said city, to bring, victual, wares, and merchaundizes, which causeth great scarcity, want and dearth thereof: but also the brood and fry of Salmon, and other fish in the said river, is, and be commonly thereby destroyed, which said inconveniences, incommodities and other enormities, as heretofore have been expressed, is, & hath been, by reason the said city, being parcel of the County Palentine of Chester, hath been always exempted, excluded, and separated from your high court of Parliament, to have any burgesses for the said city within this honourable Court, till now of late, at the Parliament holden at Westminster, in the xxxij year of the reign of your late father of most famous memory king Henry the eight. By reason whereof the said city and inhabitants, have hitherto sustained manifold disherisons, losses and dangers, and this the said city is like to be utterly impoverished go to decay, and utter ruin and destruction, unless speedy remedy be in that behalf shortly had and provided. And for that every city of England, hath the commodity of the rivers and great waters, coming to their cities, to have free passage, to transport, convey, and bring up and down, at their pleasure and liberty, all wares and other things, behoveful and necessary for them: but only your grace's city of Chester. For redress and reformation whereof, pleaseth it your most royal majesty, that it may be enacted by your said majesty, with the assent of the lords spiritual and Temporal, and the Commons in this present Parliament assembled, and by the authority of the same, that all and every manner of persons, of what estate, degree, or condition, soever he or they be, that heretofore have reared, fixed and set, or hereafter shall reate, fix or set, in, or over the said river or water of Dee, any wears, gores, floudgates, hedges, fish gates, piles, stakes, nets or other, engine, from your graces Fulling mills, upon the said river of Dee at Chester, upward the said river of Dee, unto your town of Corwyn, in your county of Merioneth, shall afore the first day of April next coming, and at all times after the said first day of April, leave and permit, and suffer to be made and left, the third part of the said stream or water of Dee, for a free passage, in, and upon the said water of Dee, for all manner of floats of wood, boards, timber, boats, barges, cogs and kieles, laden and unladen, and all other carriage, to pass and repass, upon the said river, in all places between the kings said Fulling mills at Chester, and the said town of Corwyn, frankly, without let or impediment of any person or persons: and that the citizens of your city of Chester, for the time being, and all and every other person and persons, at their own costs, may and shall, from time to time, and at all times as often as opportunity and need shall require, by their industry and policy and by all the reasonable ways and means they can, cleanse, cut, dig carry, and ca●● upon the land, to the said river adjoining▪ all such and every sand beds, gravel stones, and rocks in the said river, which be, or shallbe prejudicial, noisome or hurtful to the passage, repassage, and carriage upon the said river, within the bounds aforesaid. And also shall and may, do and execute at all times; at their own costs: all and every reasonable thing and things, act and acts, whereby the said river may be cleansed, or made deeper, and the stream & water thereof, to have a more higher, better, and director course & passage, doing as little hurt to the soil and ground, whereupon they shall cast the same, as they reasonably may devise. And that it may be further enacted, and established, by the authority aforesaid, that if the said third part of the said water or river of Dee, be not sufficient for such carriage, passage, and repassage, as is aforesaid: that then the lord Chancellor of England, for the time being, may from time to time, upon complaint to him made, by such party as shallbe grieved, direct the kings Commission under the great seal of England, to six Commissioners, whereof three to be of the counsel of the marches of Wales, and the other three, to be of the honest inhabitants of the said city of Chester, And that the said commissioners or four of them, whereof two to be of the said counsel, shall have full power and authority, by virtue of this said act, at the costs of the said citizens, from time to time, to appoint such convenient way and passage, upon the said river, within the said bounds, and of such wideness and depth, over and besides, the said third part of the said river of Dee, as to them shall seem meet and convenient. And that the said commissioners, or four of them, whereof two of them to be of the said counsel, shall have full power and authority, by virtue of this present act, to appoint a line way, for men to draw upward and downwardly, boats, cogs, and other carriage, upon the said river of Dee, within the bounds aforesaid: the said drawers to go upon such side and sides, of the said river, and in such place & places, and the same line way, to be of such wideness or breadth, & in such manner and form as the said Commissioners, or four of them, whereof two of them, to be of the said counsel, by their discretions shall appoint, and think meet and convenient, from time to time: and the same line way, or order to change and redress, and to appoint some other line way, or order thereof (if they shall see cause) as to their discretions shall seem meet and expedient: the same line way, to be made at the costs of the citizens of Chester aforesaid, for the time being. And that all and every person and persons, shall permit and suffer, such line way, so appointed to be occupied, used, and exercised accordingly, without let, interruption, or impediment, of any person or persons, in such manner and form as is used upon the river of Thamis, where the Western Barges use to have passage and repassage. And that every person and persons, shall permit and suffer, every such order and direction, as shallbe so made by the said commissioners, or four of them (whereof two of them to be of the said counsel) to stand, remain, and take force, from time to time. And that it may be further enacted, by the authority aforesaid, that if any person or persons, after the said first day of April, and after proclamation, made by the said commissioners, or four of them, in the foresaid city of Chester, three market days, after the making and appoyncting, of their said ordinances and devices, to the appointed by this present act, will, or shall willingly infringe, or break any point, article, clause, provision, or ordinance, contained and specified in this present act, or to be made, ordained or provided, by authority of this present act: that then every person and persons, so willingly offending, after such proclamations, shall lose and forfeit for every time so offending, the some of one hundredth shillings, whereof the one half to be to your majesty, your heirs or successors, and the other half to him or them, that will sue for the same by action of debt, bill, plaint, or information in any court or courts of record within your realm, in which suit, no wager of law essoin or protection, shallbe admitted ne allowed, and shall further abide such punishment and correction, as by the said commissiones, or four of them, shallbe thought and determined, to be meet and convenient.  
Provided alway, and be it further enacted, by th'authority aforesaid, that the said third part of the river of Dee, to be left or made for passage, repassage, and carriage, as is beforesaied, shallbe left, taken, and made, where, and in such places, as any wears or mills, be now standing upon the said river, within the bounds aforesaid, on the farther side of the said stream or river, from the dwelling houses or mills, of the owners and enhabiters of the said wears or mills.  
Provided also, and be it further enacted, by th'authority aforesaid, that all and every such person and persons, as lawfully now have any wears, within the said river of Dee, shall, and may, from time to time, set, hang, or lay, his or their nets, in the said third part of the said river, where the said wears be now standing. And that it shallbe lawful to all and every such person and persons, as shall come with any boats, vessels, or other the things above mentioned, from time to time, and at all times, to louse, undo, and untie the one end, of all and every such nets and ropes, so as they and every of them, may have their free passage, repassage, and carriage, upon the said river of Dee, up and down the said river, without let, vexation, or impeachment, of any person or persons, of, or for the same: this act, or any other thing therein contained, to the contrary in any wise notwithstanding.  
Provided always, and it is ordained and enacted, by th'authority aforesaid, that no manner of mill, mill dams, wear, kedell, or fish garths, shallbe pulled down, abated or destroyed, by virtue of this act, before that aswell the kings Majesty, as all and singular persons and person, which shall have good and lawful title or interest, in, or to such mills, mill dams, wears, kedelles, and fish garths, or mill, wear kedell, or fish garthe, as shallbe appoyneted to be pulled down, abated or destroyed, by mean of this act, shallbe recompensed by the inhabitants of the said city of Chester, or by the means of some of them for such damages and loss, as he or they shall sustain, by occasion of pulling down, abating or destroying, of any mills, mill dams, wears, kedelles, and fishegarthes', or of any mill, mill dam, wear, kedell, or fish garth●, in such manner and form, as shallbe limited or assigned, by four persons or more, then being of the kings counsel, in the marches of Wales, or in their default or negligence, by the lord Chancellor of England, or lord keeper of the great seal of England, the lord Threasaurer of England, the lord great Master, of the kings most honourable household, and the lord keeper of the kings privy Seal, for the time being, or two of them at the least, whereof the lord Chancellor, or the lord Threasaurer to be one, or else every person damnified in that behalf, to have like action and remedy, as he or they might have had, before the making of this act, any thing above mentioned, to the contrary in any wise notwithstanding, the said recompense to be made, to such person and persons, as shall have just title or interest in the thing or things, that shallbe pulled down, abated or destroyed, at the time the same shallbe appointed so to be.  
Provided also, and it is ordained and enacted, by the authority aforesaid, that all and singular person and persons, which at any time hereafter shall dampnifie, hurt, or hinder, any other person or persons by occasion of cutting down, of any tree or trees, growing upon his or their ground, or of casting, carrying, or laying of any stones, prebles, gravel, or sand, upon the land of any other, by mean of this act shallbe bounden, by virtue of this act, to make such reasonable amends for the same, as by four or more of the said counsel, and in their default or negligence, by the Lords above mentioned, or two of them, whereof the lord Chancellor, or lord Threasaurer to be one. shallbe limited or assigned to be made, and if default shallbe of making of such amends, as so shallbe limited or assigned, that then every person, dampnefied or hindered in that behalf, shall have like action and remedy for the same, as he or they might have had, if this act had never been had or made, any thing afore specified, to the contrary in any wise notwithstanding.  
¶ God save the King.   

RICHARDUS GRAFTONUS, typographus Regius excudebat.  
M●nse Martio.  
Anno M.D.LI   

Cum privilegio ad imprimendum solum.