WHEREAS our welbeloved
Year: 1638

page_text: CHARLES, by the grace of God King of England, Scotland, France, and
Ireland, Defendor of the Faith, &c., to all to whome theis Psente shall come
greeting.
WHEREAS our welbeloved, subiect .ARNOLD SPENCER, Gentleman, by his
humble peticon to vs lately exhibited, hath informed. vs that, by vertue of our.
Letters Patente, dated the Third day of January, in the third yeare of our
raigne, he hath made the river of Owse navigable from Saint Ives to Saint
Neotte, in the county of Huntington, and from thence within fower miles of
towne of Bedford, in our county of Bedford, to the great case and. benefitt
not onely of the inhabitant of the said counties but alsoe of divers other
counties adiacent to the said river, and alsoe hath provided for in making
navigable the river of Stower leading from Sudbury, in the county of Suffocke,
to Mayningtree, in the county of Essex, which is like to prove noe lesse
comodious to the inhabitante of divers severall townes in the said counties:.
And whereas by our said Letters Pattente we graunted to the said Arnold
Spencer and his assignes power and authority for the terme of eleaven yeares
to cutt and make lockes, sluces, bridges, cutte, dammes, and other invenĉons
not repugnant to our lawes for the making of rivers and streames navigable
in all places convenient within our realme of England, dominion of Wales,
and towne of Barwicke, to hold the proffitte arising by water carriages vpon
all rivers to be made navigable within the said terme for the terme of fower-
score yeares, yeilding .to vs, for every such river within the said, terme to
be made navigable; the some of five pounde yearely, as by the said Letters

page_text: Pattente at large appeareth, which said terme of eleaven years is neere vpon
expiracon: Nowe, for that there are at this tyme divers other rivers in hand in
severall counties of this our kingdome of England to be made navigable, which
likewise will redound to our proffitt and the great good of our subiecte,
wherein the said Arnold Spencer hath spent the greatest part of his life and
consumed the most part of his whole estate, as by the said peticon we are
likewise informed, he hath therefore most humbly besought vs to renewe the
said graunt to him, his executors and assignes, for the terme of one and
twenty yeares, and alsoe to graunt to him, his heires and assignes, the benefitt
of all water carriages vpon the said river of Owse from Saint Ives to Saint
Neotte, and as farr as he hath or shall make the same further navigable, and
alsoe of the said river of Stower leading from Sudbury to Mayningtree afore-
said, soe farr as he hath or they shall make the same navigable; and the said
Arnold Spencer hath offred to pay into our Exchequer the severall yearely
rent of sixe pound thirteene shilling and fower pence for ever:
KNOWE YE, that we, gciously inclyning to further all such invencons
and services as may any way tend to the comon wealth, and for the better
encouragement of such as shall endeavour themselves therein, of which the
said Arnold Spencer hath already given good testimony, by making the said
river of Owse and Stower soe farr navigable as aforesaid, of our especiall
grace, certeyne knowledge, and meere močon, have given and graunted, and
by theis Presente, for vs, our heires and successors, as much as in vs lyeth,
doth give and graunt vnto the said Arnold Spencer, his executors, adminis-
trators, and assignes, and vnto his and their deputies, servante, and agente,
full and free licence, power, priviledge, and authority, that be, the said Arnold
Spencer, his executors, administrators, and assignes, and every of them, by
him and themselves, or his and their sufficient deputy or deputies, shall or
lawfully may at all tymes and from tyme to tyme hereafter for and during the
terme of yeares hereafter in theis Presente graunted, devise, make, cutt, direct,
finish, pfect, exercise, practize, put in vre and vse in all places' convenient
within this our realme of England, dominion of Wales, and towne of Barwicke,
aswell the cutting, contriving, framing, erecting, setting vpp, pfecting, and
making of all manner of locke, sluces, bridges, cutte, dammes, and other
thing not repugnant to the lawes and statute of this our realme of England,
for makeing of rivers and streames navigable and passable, and the same
being soe made navigable to passe and rowe in and vpon the same by
wattermen and servante licenced and appoynted by him, his executors or
assignes, with his or their boate, keeles, and other vessells, and to th'end
that this our pleasure may be the better effected, and the said Arnold Spencer,

page_text: his executors, administrators, and assignes, may the more fully enioy the.
benefitt of this our present graunt, our will and pleasure is, and we doe by.
theis Presente, for vs, our heires and successors, straightly charge, inhibite,,
and cōmaund all and every other person and persons whomsoever (other then,
the said Arnold Spencer, his executors, administrators, and assignes, and such.
other person or persons as shalbe therevnto licenced and authorized by him,
the said Arnold Spencer, his executors, administrators, and assignes,) to pre-;
sume, attempt, or goe about any way, devise, or meanes, directly or indirectly.
to intermeddle, deale, vse, exercise,, occupy, put in practize, sett, vpp or finish,
in or vpon any the rivers, streames, waters, sluces, cutte, dammes, soe made,
or to be made navigable, perfected, or done by the said Arnold Spencer,, his:
executors, administrators; and assignes, deputy. or deputies, as aforesaid, any
manner of sluces, lockes, bridges, or engines, as by the said Arnold Spencer,,
his executors, administrators, and assignes, deputy or deputies, or any other,.
by his or their meanes, have beene first invented and sett vpp, or whereof he
or they or any of them have or shall and hereafter be the first inventor, maker.
or makers, during the terme hereafter menconed, without the licence of the,
said Arnold Spencer, his executors, administrators, or assignes, therevnto first.
had and obteyned in writing vnder his or their hand and seales, vpon payne.
of our displeasure, and vpon such other further paynes, penalties, and ymprison-,
ment as by the lawes and statutes of this our realme of England or by our
prerogative royall can or may be inflicted ypon the offenders for their con-
tempt and breaches of our royall comaundment in this behalfe; and further,
of our more especiall grace, certeyne knowledge, and meere močon, we have,
given and graunted, and by theis Presente, for vs,, our heires and successors,,
doe give and graunt vnto the said Arnold Spencer, his executors, administra-.
tors, and assignes, full, free, and absolute power, licence, priviledge and
authority to take, receave, collect, and gather, perceave, hold, and enioy to his,
and their owne proper vse and behoofe all and all manner of proffitte, comodi-,
ties, benefitte, and advantages whatsoever, which by any wayes or meanes.
whatsoever shall arise, accrue, or growe due or to be had, made, or gotten, as-
well by reason or meanes of any vessell, lighter, keele, wherry, barge or barke
whatsoever, which shall or may at any tyme or tymes passe,. come, ride, anker,.
rest, or saile in or vpon to or froe any the rivers, cutte, passages, streames,;
waters, or sluces soe made navigable or to be soe cutt, made navigable, or per-
fected, as aforesaid, and alsoe of any bridges, sluces, dammes, and all and singuler.
other the premisses and every or any of them in any manner of wise without our
lett, deniall, contradiccon, or impediment whatsoever, and without rendring or
delivering any accompt or accompte, payment, or other thinges to ys, our heires

page_text: or successors, for the same, other then the yearely rent hereafter in theis
Present reserved; provided, nevertheles, that the said Arnold Spencer, his
executors, administrators, or assignes, presume not to take for any such boate,
barke, keele, lighter, or other vessell, which shall passe, saile, or goe thorough
any the said sluces, any greater rate or rates vpon the tonn then is to be payed
and was formerly graunted by our late royall father deceased vnto the
aldermen and burgesses of the towne of Stamford, for boates and vessells
passing from the sea to the said towne of Stamford, in the county of Northt,
and from the said towne of Stamford to the sea; provided alsoe, and our
expresse will and pleasure is, that the said Arnold Spencer, his executors,
administrators, and assignes, deputies or factors, shall not by colour of theis
Present presunie or goe about to cutt any river, water, watercourse, mil-
dämme, crane, bridge; streame, or currant whatsoever in or vpon any of the
lande, wood or waters of vs, our heires or successors, or any of our subiecte,
in any place or places whatsoever where the same shall in the least wise or
manner tend to the preiudice or detryment of vs, our heires or successors, or
any of our-subiecte, and not in or vpon any of the lande, tenemente, woode
waters, or ground of vs, our heires or successors, or any of our subiect:
but first compounding and according with-vs, our heires or successors, and
with the owner and owners of the premisses, för soe much of the same as
he or they or any of them shall have needfull cause of ymployment of for
the intente and purposes aforesaid, at such reasonable rates as by twoe of our
justices of the peace next inhabiting shall reasonably. be ordered, appoynted,
and sett downe; and the said Arnold Spencer shall further, at his and their
owne proper cost and charges, make, erect, and maynteyne convenient and
good bridges in all places needfull and convenient over the rivers and waters,
streames, sluices, cutte, and dammes by him and them soe cutt, vsed, and
compounded for or ymployed; to have and to hould, vse, exercise, enioy, and
recêave, peeave, practisé, and performe all and every and any
the licences,
powers, priviledges, authorities, proffitte, comodities, and advantages, and
all and singuler other the premisses whatsoever by theis: Presente given
and gräunted as aforesaid, and every of them, vnto the said Arnold Spencer,
his executors, administrators, and assignes, from the date of theis Presente for
and during the full terme and vnto the full tyme and terme of one and twenty
yeares from thence next ensueing, and fully to be compleate and ended,
yeilding and paying, and the said Arnold Spencer, for himselfe, his executors,
administrators, and assignes, doth by theis: Presente covenant, promise, and
agree to yeeld and pay vnto us, our heires and successors, for every of the said
rivers to be made navigable, the rent or some of five pounde of lawfull money

page_text: °
of England at the twoe most vsuall feast for termes in the yeare, that is
to say at Thanunciacon of the Blessed Virgine Mary and Saint Michaell
Tharchangell, by even and equall porcons, at the receipt of the Exchequer of
vs, our heires and successors, at West; yearely, and from tyme to tyme to be
paied during the saide terme; and to thend this our graunt may be the more
firmely executed, and to avoid the many inconveniences which may arise by the
obstinacy of ill-disposed person or persons, our will and pleasure is, and we
doe by theis Presente, for vs, our heires and successors, graunt, that when and
as often as the said Arnold Spencer, his executors, administrators, assignes,
deputies, factors, and servant, or workmen, or any of them, shall have
necessary occasion to compound with any person or persons whomsoever, for or,
in respect of the premisses, and that the owner or owners of the ground or
soile soe to be compounded for shall obstinately refuse to accept of or to take
such reasonable composicon as shall be offered to him or them for the same,
that in all and every such case and cases itt shall and may be lawfull to and
for any twoe of our justices of the peace residing neerest to the place or ground
soe compounded or to be compounded for as aforesaid, or wherevpon any
such difference shall happen to arise; to limit and assesse such reasonable
satisfaccon to the owners or possessors of the said ground or soile respectively
as they in their discrecon shall thinke fitt and convenient; and that the
cōissioners of sewers of the severall counties of our said realme and
dominion respectively shall from tyme to tyme sett down such orders and
direcĉons according to the lawes and statute of this our realme of England,
whereby the said Arnold Spencer, his executors, administrators, and assignes,
may be more speedily and effectually proceed in the due execucon of the
premisses according to the purport and true meaning of theis Presente, and to
that end and purpose we doe by theis Presente straightly charge and comaund
as well our said comissioners of sewers respectively, as alsoe our sheriffes,
justices of peace, mayors, bayliffe, constables, and other our officers and
ministers to whome yt shall or may apperteyne, that they and every of them
be from tyme to tyme ayding and assisting to the said Arnold Spencer,
his executors, administrators, and assignes, deputies, servante, factors,
and workmen, in the doeing, executing, performing, and finishing of
all and singuler the composicons, orders, and agreement aforesaid, and of
all and singuler other the premises according to the true intent and
meaning thereof, soe farr forth as to them or any of them shall or may
belong or apperteyne, in any manner of wise, during the terme aforesaid: And
for the better encouragement of the said Arnold Spencer, his executors,
administrators, and assignes, to proceed in such laudable workes with effect,

page_text: know
ye further, that we, in consideraĉon aforesaid, of our more aboundant
grace, certeyne knowledge, and meere močon, are graciously pleased to give
and graunt vnto the said Arnold Spencer, his executors, administrators, and
assignes, aswell all the benefitt which he hath receaved or which he or they
shall or may receave for or in respect of any the rivers which he or they have
or hath already or shall hereafter make navigable, as alsoe all such benefitt
as shall or may accrewe or growe payable for or in respect of any river here-
after during the terme aforesaid by him the said Arnold Spencer, his deputies
or assignes, to be made navigable, according to the limittačons and provisions
before in theis Presente expressed, to his and their owne, proper vse and behoofe,
without any accompt or other thinge whatsoever, vnto vs, our heires or sue-
cessors, other than the rent hereafter in theis Presente reserved to be rendred,
payed, yeilded, or done; to have and to hould the full and intire benefitte and
profitt of all the rivers by him, the said Arnold Spencer, his executors,
administrators, or assignes, to be made navigable within the aforesaid terme of
one and twenty yeares, to the said Arnold Spencer, his executors, administrators,
and assignes, from thend and expiraĉon of the said terme of one and twenty
yeares for and during and vntill the full end & terme of fowerscore
yeares from
thence next ensueing, and fully to be compleate and ended, yeilding and
paying, and the said Arnold Spencer, for himselfe, his executors, administrators,
and assignes, doth covenant, graunt, and agree to and with vs, our heires and
successors, by theis Presente to yeeld and pay therefore yearely to vs,, our
heires and successors, for every such river to be made navigable as aforesaid
during the terme before menconed, for and during the said terme of fowerscore
yeares, the severall yearely rente of five pounde a peece of good and lawfull
money of England for every such river, at the receipt of our Exchequer at
West, at the twoe vsuall feast or termes in the yeare, that is to say, the
Anunciacon of the Blessed Virgine Mary and Saint Michaell Tharchangell, by
éven and equall porcons halfe yearely to be payed: Provided alwayes, and our
will and pleasure is, that theis Present or any thing therein conteyned shall
not in any wise hinder or preiudice any person or persons whomesoever for
makeing of rivers navigable, but that they may and shall have free liberty,
without licence from the said Arnold Spencer, his executors, administrators,
or assignes, or any of them, for the making of any rivers navigable, which the
said Arnold Spencer, his executors or assignes, or his or their deputies, are not
in hand withall at the tyme of such attempt, theis Presente or any thinge
therein conteyned to the contrary thereof in any wise notwithstanding; and
lastly, we are further graciously pleased, and doe by theis Presente, for vs, our
heires and successors, graunt vuto the said Arnold Spencer, his executors,

page_text: administrators, and assignes, that theis our Letters Patente shall be taken,
adiudged, and deemed in all and every our courte of justice to be good,
sufficient, and availeable in the lawe to and for the said Arnold Spencer, his
executors, administrators, and assignes, against vs, our heires and successors.
notwithstanding the not describing the certeynty of the forme or fashion of the
instrument or devises to be vsed for and about the premisses, and notwith-
standing any former or other graunt of priviledge or assignement touching
the same, and notwithstanding any defect or incerteynty conteyned in theis
Presente, or any statute, provision, proclamačon, restraynt, cause, matter,
or thinge whatsoever to the contrary thereof in anywise notwithstanding,
although expresse mencon, &c.
In witnes, &c.
December.
Witnes our selfe at Westin,. the Eleaventh day of
P bro de priuato sigillo, &c.