Anno tricesimo primo Henrici octavi Henry the VIII. by the grace of God kynge of England and of France, defender of the fayth, Lorde of Irelande, and in earth supreme hed immediatly vnder Christ of the churche of Englande, to the honour of almyghty God, conseruation of the true doctrine of Christes religion, and for the concorde quiet and vvelth of this his realme and subiectes of the same helde his moste hyghe court of Parliament begonne at VVestm[inster] the. xxviii. daye of Aprill, and there continued tyll the. xxviii. daye of Iune, the. xxxi. yere of his most noble and victorious reigne, vvherin in vvere establysshed these actes folovvinge.

¶An acte concerninge the amendinge of the ryuer and port of Exeter. Capi. iiii. (Book 4)

IN most humble wyse shewen vnto your hyghnes your true and faithfull subiectes, the mayre baylyffes and commonal¦tie of your citie of Exetour, that where of olde antiquitie as well the citesens and dwellers within your sayde citie as all other both denysens and straungers, applienge & comming from any partes of beyond the see, or of this realme to your port of Exeter, haue had course and recourse with their shippes botes and vessels goodes and marchaundises in the ryuer of Exe, to and from the hye see, vnto your sayde citie, to the great commoditie, common welth, & profit of your sayde citie, and all the countrey therabout, as by diuers recordes & wrytinges, remayninge as well in your sayd citie as also at Westm̄, playn∣ly doth appeare: Which commoditie of longe tyme hath bene so destroyed and letted by woyres and dryuinges of sandes and grauell, by course of the water, into the sayd ryuer, and other lettes and noysances, that at this day, and of longe tyme past, shyppes botes and vessels haue not had ne yet can haue their course to and from your sayd cytie, as of olde tyme they haue had by reason wherof your sayd suppliantes of longe tyme haue ben and yet be compelled and enforced to cary their goodes and marchaundises frome the shippes boates and vessels to your sayd citie by lande, to their yerely char∣ges of. CCCC. markes sterlinges and aboue, besyde great hurtes and los∣ses taken in their sayd goodes and marchandises by the cariers of the same which hath not onely bene and yet dayly is to the gret hurt decay and enpo∣ueryshing of the marchantes of your sayd citie, but also of the coūtrey ther∣aboutes by reason of the ouerflowing and drowninge of the medowes pa∣stures and ground lyenge by the sayd ryuer, with the hygh springes of the see & the studdes of the fresh water cōming to the sayd ryuer, & by reason of which charges susteyned in carieng their goodes & marchandises by lande vnto the sayd citie, as is before sayd, the marchantes & owners of the sayd wares & marchandises are driuen to sel the same moch more derer than they wold do, yf the sayd marchādises might be cōueyed & brought vnto y^e sayd citie by water, to the great hurt & preiudice of al your graces subiectes in y^e sayd parties. For reformation wherof, it may please your hyghnes, of your most noble & abundant grace, with thassent of your lordes spirituall & tem¦poral, & the cōmons in this present parliament assembled, & by auctoritie of y^e same, to enact ordeyn & establysh, y^t it may & shalbe lawful, at al tymes af¦ter y^e feast of Easter now next cōming, to your sayd suppliantes maire bay¦liffes & comminaltie of your sayd citie of Exetor, & their successors, to pluck down dyg moyne breke bank & cast vp al & al maner of weires rockes san∣dis grauel & other lettes & noysances, whatsoeuer they be in y^e sayd ryuer, & also in other places & groūd cōueniēt & necessary for y^e same whosoeuer they be, lyeng betwen your said citie & y^e high see, & further to do & make al other thinges requisite & necessary, wherby y^e said shippes botes and vessels may

haue their sure course and recourse in the sayd ryuer, to and from your sayd citie, and there to charge and discharge the sayd gooddes and marchandi∣ses without let or disturbaunce of any person or persons, gyuinge and pay∣enge therfore vnto the lorde or lordes, owner and owners of the soile, where suche dyggynge and mynynge shalbe, in recompence and satisfaction of & for the lande and grounde so to be dygged and myned, after the rate of .xx. yeres purchase, or els as moche, for the same, as shalbe adiuged ordeyned and determined by the kynges iustices of assise in the countie of Deuon̄ for the tyme beyng, the election & libertie of which recompence and satisfaction so to be had, to be at the choyce of the lordes and owners of the sayd landes and tenementes, without any let denier vexation or trouble of the sayd lord lordes owner and owners, or any other person or persons, by sute in the law or otherwyse, vpon peyne of forfayture of .xx. li. of lefull money of Englād for euery tyme that they or any of them do attempt the cōtrary therof, wher∣of the one halfe shalbe to our sayd soueraygne lorde, and the other halfe to him or them, that will sue therfore by action of det byll playnt or informati∣on in any the kynges courtes, wherin the partie defendant shall not wage his lawe, nor in the sayde action actions or sutes any essoyn licence nor pro¦tection shalbe allowed. And also gyuynge and payeng to the tenauntes fer¦mers and occupiers of suche lande or grounde for suche hurte and losses, as they or any of them shall susteyne and haue by the same, as moche as shalbe assessed adiuged and determined by the sayde iustices of assises in the sayde countie of Deuon̄ for the tyme beynge, or by suche persons as by them shal be assigned and deputed for the same. The sayde recompence and satisfacti¦on as well concerninge the lordes and owners of the sayde lande & ground, as to the tenantes fermers & occupiers of the same, to be payd by the maire bayliffes and comminaltie of the sayde citie for the tyme beynge, and their successours within the space of sixe wekes next after the ratinge assessinge & determininge of the same, onles that the maire baylyffes and comminaltie of the sayd citie, and their successours, can otherwyse compounde or agree with the lordes owners tenantes fermers and occupiers of suche land and grounde or with any of them. And in case it happen the Mayre bayliffes & comminaltie of the sayd citie to make defaute of payement of the sayd recō∣pence and satisfaction, and resist to pay the same, as is before rehersed, that than the lorde lordes, owner, owners, tenauntes, fermers, or occupiers of suche lande or ground, that is greued therwith, and to whome the satisfac∣tion and recompence ought to be payde, shall & may lawfully commence af¦ferme or take his or their action of det by the course of the common lawe, a∣gainst the Mayre, baylyffes, & commonaltie of the sayde cytie for the tyme being, & their successours, for the recouery of the same in any countie with∣in this realme, at the will & pleasure of the partie greued, & lyke proces ther¦vpon to be had, as in actions of det at the common lawe, grounded vpō cō¦tract or specialties, hath vsed to be had, in the which actions of det suite or suytes to be had, no wager of law essoyn licēce nor protectiō shalbe allowed.