Sir Cornelius Vermuyden’s Agreement with King Charles for Draining Hatfield Chase

This is the full text of the agreement as included in Korthals-Altes biography of Vermuyden. This transcription is attributed to Stovin’s manuscript.

ARTICLES OF AGREEMENT indented, made, and concluded upon the Four and twentieth day of May, in tke second year of the reign of our most gracious sovereign lord CHARLES, by the Grace of God, King of England, Scotland, France, and Ireland, defender Of the faith, &c. Between our said sovereign Lord the KING’S MAJESTY, of the one part, and CORNELIUS VERMUYDEN, of London, esquire, of the other part.

Whereas the king’s most excellent Majesty now is and standeth seized in his demeasne as of fee, as in the right of his crown of England, duchy of Cornwall, or duchy of Lancaster, of and in the chase called Hatfield Chase, and Ditch-marsh, and of and in the manors and lordships of Wroote and Finningley, in the county of York, and of the Isle of Axholme, in the county of Lincoln, and of divers other lands, tenements, and hereditaments, and of divers wastes, waste grounds, and commons to the same belonging thereto, near, adjoining, situate, lying, and being in the counties of York and Lincoln aforesaid. And whereas, also divers other persons are seized of and in divers other lands, tenements, and hereditaments lying and being within the counties aforesaid, and in the county of Nottingham, or some of them, next or near adjoining to his Majesty’s said lands, wastes, commons, and waste grounds situate, lying, and being upon each side of the rirer of Idle and abutting upon the rivers of Dunn and Ayre to the north, and the river of Trent towards the south, belonging to or being parcel of the said premises, containing, by estimation, three score thousand acres, or thereabouts, are subject to be surrounded and drowned with water in such manner that little or no benefit is or can be made thereof, unless especial care be taken for inging and draining the same. And whereas our said sovereign lord the King, having regard as well to his own benefit as the good and welfare of his subjects inhabiting near or about the places aforesaid, is desirous that the said drowned and surrounded grounds may, by the good endeavours of those who shall undertake the same, be laid dry and made useful. Now the said Cornelius Vennuyden, doth hereby promise and undertake that he will do his best endeavour both by himself and such others as he shall employ in the said work, to drain and lay dry the said drowned and surrounded grounds in such manner as to make the same fit for tillage or pasture, and the same being so gained shall for ever maintain fit for tillage or
pasture in manner aforesaid. And the said Cornelius Vermuyden doth hereby further promise covenant, and grant to and with our said sovereign lord the King, that he the said Cornelius Vermuyden shall and will set on workman and begin the said work within three months next after our sovereign lord the King’s Majesty shall have agreed and concluded with such person or persons as have or claim to drain any estate, interest, or common of or in the said grounds, or of or in any parcel thereof. And that he the said Cornelius Vermuyden, shall finish the same with as much convenient expedition as possible may be, and according as the season of the weather and time of the year shall permit and give leave in that behalf. In consideration whereof our said sovereign lord the King, for himself, his heirs and successors, doth, by these presents, promise and grant that the said Cornelius
Vermuyden, his heirs and assigns, or such other person or persons as he shall nominate and appoint in that behalf, and their heirs and assigns, shall have, hold, and for ever enjoy one full third part in three parts, to be divided of all and singular the said surrounded and waste grounds; which said third part shall be of equal value with each of the said other two parts. And that his Majesty, his heirs and successors, upon the gaining thereof, shall and will grant and procure the said third part to be granted and lawfully conveyed and assured unto the said Cornelius Vermuyden and his heirs, or to the parties by him to be nominated as aforesaid and their heirs, to, be holden of his highness, his heirs and successors, as of his manor of East Greenwich, in the county of Kent, in free and common soccage. And it is agreed, that the division of the said grounds, so to be laid dry and free from water as aforesaid, shall be made and done by an exact survey thereof, to be made by his Majesty’s surveyor general, or such as his Majesty, his heirs or successors, shall nominate or appoint. And if no such nomination or appointment shall be made, or if any division shall be made by such person or persons as shall be so nominated within three months next after the said grounds shall be so drained er dried, that then it shall and may be lawful to and for the said Cornelius Vermuyden, his heirs, to divide and set out the same lands into three equal parts; and that his Majesty, his heirs and successors, shall within three months next after such division, elect and choose two parts of the said three parts, and the ether third part shall remain and be to the said Cornelius Vermuyden and his heirs. And if his Majesty, his heirs or successors, shall make no such election within such time as aforesaid, then the said Cornelius Vermuyden shall elect and choose one of the said three parts for his third part. And such person or persons as shall divide the said lands, shall also make and set forth convenient ways and passages into and through the said grounds..

And it is agreed, that the said Cornelius Vermuyden, and other the parties by him to be employed as aforesaid, in all such places as he or they shall think fit, necessary, and expedient, shall and may leave without the said work and grounds so to be by him and them gained as aforesaid, some small parcels of land on each or either sides of the said several rivers, for receptacles of the sudden downfals of waters, so as the said lands, so to be left out of the said work, do not exceed the quantity of three thousand acres in the whole at the most.

And it is further agreed, and his Majesty doth hereby declare, that he the said Cornelius Vemuyden, and other the parties aforesaid, shall and may at their wills and pleasures, and as to him shall be thought most necessary and expedient, cut, dig, and make, or cause to be made, such and so many channels, watercourses, banks, highways, sasses, sluces, and other receptacles for water, have, for himself and his servants and workmen, with carts and carriages fit and convenient free ingress and regress for the perfecting and performance of the said works and draining the lands and grounds aforesaid, without the let, denial, hindrance or interruption of any person or persons whatsoever, and shall and also have and take such quantity and proportion of earth, reed and other things and materials within the said grounds
for perfecting the said work as by him or them shall be thought necessary and useful. And shall also have for his and their use and uses, freely without interruption, the benefit of all and singular channels, watercourses, and sluces, which are now already made or digged within the said lands or grounds, and the same to turn, change, or alter for the most necessary draining of the said grounds, and perfecting of the said work, as he or they shall think fit.

And it is hereby further concluded and agreed, that if the said Cornelius Vermuyden,
and other the parties and undertakers by him to be employed as aforesaid, shall have cause at any time or times to use any lands or grounds lying or being within the compass of the grounds hereby intended to be drained and laid dry as aforesaid, and not subject to surrounding for any passage of water or otherwise, that then it shall and may be lawful to and for the said Cornelius Vermuyden, and other the parties aforesaid, to use the same so far as shall be necessary in and for the performance of the said works. In consideration whereof, the said Cornelius Vermuyden, for himself, his heirs, executors, and administrators, doth covenant, promise, and grant to and with our said sovereign lord the King, his heirs and successors, by these presents, that he the said Cornelius Vermuyden, his heirs, executors, and administrators, shall and will from time to time pay and satisfy to the owners of the said lands, such sum and sums of money as the said lands shall be thought to be
worth by four commissioners to be named and appointed; two of which commissioners shall be named and appointed by the Lord High Treasurer of England, for the time being, on his Majesty’s behalf, and the other two by the said Cornelius Vermuyden his heirs or assigns.

And whereas, after the said works shall be perfected and the said grounds laid dry,
especial care must, from time to time, be had and taken for the maintenance and preservation thereof, our said sovereign lord the King, doth hereby promise and declare that immediately upon the finishing, and perfecting of the said work, there shall be a corporation elected and made to consist of such persons to be nominated by the said Cornelius Vermuyden his heirs or assigns, who shall have power and authority to make orders, constitutions, and acts, and gire directions for the maintaining and preserving of the said work, so to be perfected as aforesaid, and for the making and directing of new and other works as occasion shall hereafter require. And that it shall add may be lawful to and for the said Cornelius Vermuyden, his heirs and assigns, and to and for such other person or persons as he or they shall name or appoint, to maintain all and every the said works, and to take earth and turf of and out of the said lands and premises, in fit and convenient places, for making and maintaining of the same works according to the said orders and constitutions to be made as aforesaid.

And it is above further declared and agreed, that within three years after the said works shall be perfected, six sufficient and understanding commissioners shall be appointed; three thereof shall be aamed by the lord treasurer for the time being, and the other three by the said Cornelius Vermuyden, his heirs or assigns, to view the said works, and to make a true estimate, as well as they can, what the maintenance of the same work will yearly cost, according to such estimate so to be made, the said Cornelius Vermuyden doth by these presents covenant and agree to assure and convey to the said corporation or six persons aforesaid, and their heirs and successors, such and so many lands as shall be of the yearly value sufficient to uphold and maintain the said works, the said conveyance to be made and devised in such manner that the inheritance of the said lands and premises so to be assured
and conveyed as aforesaid, and the revenue thereof, shall be and remain unto the said Cornelius Vermuyden, his heirs or assigns, or unto such other person or persons who shall be estated therein in trust for him or his use or by his nomination, until default of reparation shall be made for any thing belonging or appertaining to the said works undertaken as aforesaid. And it is also covenanted and concluded by these presents, that all person and persons who shall be so appointed to have any of the said lands conveyed unto them, their heirs and assigns, shall be enabled by his Majesty to hold and enjoy the same without let or interruption of any person or persons whatsoever according to the intent, purport, and true meaning of these presents.

And further, his Majesty for himself, his heirs, and successors, doth hereby promise and agree, that all materials needful and necessary to be brought out of the low countries, or from any the parts beyond the seas, for the furtherance of the said work, until the same be brought to perfection, shall be brought in freely without paying any custom or import for the same. And further, his Majesty is contented and doth hereby declare, that the said work and premises shall be made, done, and perfected in his own, and that he will from time to time direct that assistance shall be given to the said Cornelius Vermuyden and his partners, their workmen and servants, as need shall require, for the due execution and perfecting of the said work. And for that divers persons do claim common of pasture in some part of the said lands so to be drained and dried as aforesaid, it is agreed, and his Majesty is pleased to grant and agree, that his Majesty’s commission shall go forth under the great seal of England, to certain persons to be named and appointed to treat and deal, agree and conclude with the said persons concerning the said common and claim to the same: And his Majesty is further pleased, and his highness, his heirs aad successors, will be pleased to give their royal assent to any act of parliament to be made and passed for the conveying and assuring the same third part of the said lands and premises to the said Cornelius Vermuyden and his heirs, or to such other person or persons and their heirs, as he or they shall name and appoint according to the intent and true meaning of these presents.

In witness thereof to the one part of these articles, our said sovereign lord the King hath caused the great seal of England to be put, and to the other part thereof the said Cornelius Vermuyden hath set his hand and seal, the day and year aforesaid.