Scope and Content
Agreement as to dam-booty, embankments, and other mill-rights between William Boteler, esquire (lord of the manor of Biddenham) and David Faldoe, gentleman, Henry Heynes and Thomas Wright, yeoman, all of Biddenham, and Stephen Rolt of Thurleigh, gentleman (freeholders of the manor), and Edward Cater, esquire of Kempston, owner of Kempston Mills 1638/9 [refers to Nundames and the old Ray. Arbitrators: Richard Taylor and William Farrer, esquires]
i) William Boteler, Lord of the Manor of Biddenham
David Faldoe, Biddenham, gentleman
Stephen Rolt, Thurleigh, gentleman
Henry Heynes, Thomas Wright, Biddenham, yeomen, freeholders of the manor of Biddenham
ii) Edward Cater, Kempston, esquire, owner of Mills in Kempston
reciting differences between i) and ii) about liberty of damming and taking of damboot on parcel of ground within Lordship of Biddenham called Nundams, containing one acre, and extending from the ground of Henry Heynes on the north, the several ground of Edward Cater, part of manor of Kempston, south, and lying between the main river Ouze, west, and a back brook, the Old Raye, east, in consideration of a quarter of malt paid yearly by ii) to churchwardens of Biddenham, and reciting that the differences have been agreed by the arbitration of Richard Taylor and William Farrer, esquires
Agreement that i) will grant to Edward Cater and heirs, owners of mills of Kempston, free liberty and power to bring and carry damboots from other places where he can acquire the same and to place the same upon the said ground called the Nundams "and to digg up the Banckes of the said grounds undermyned by the water and to Lay foundacions eyther of Tymber or Stone there, for the making strong of the Banckes for the Keeping up of the water, that the same may have the course to the said Mills of Kempston and to prevent the running over of the same as much as may bee into the said Backbrooke and so into the said Old Ray, but allso to digg and Take damboote within the precinct of the said place called the Nundams so before specified without the Lett or interrupcion of them the said William Boteler ... and that neyther they nor any of them theire nor eyther of theire heires, shall or will voluntarily lett out the water upon the said damm go out of the Channell wherein the same runneth to the said Mills"
ii) and owners of said Mills, and on giving up of previous composition, grant to i) "One Annuity or yearly rent of one Quarter of good sweet well dryed Malt and 2s in mony to be Yearly payd at or in the church porch of the parrish Church of Biddenham in and uppon the Tuesday in Easter weeke yearly, To the intent that the churchwardens ... may have and dispose the same or so much as they think fitt for a drinking upon the Procession day, and the residew thereof as allso the said Two shillings shall bee yearly bestowed upon such of the poore people of the said Towne of Biddenham as to the churchwardens and overseers for the poore of the said Towne of Biddenham shall seeme most fitting " signed Edward Cater
endorsed: "Memorandum that the said Nundames was staked and marked out by the within named William Boteler and Edward Cater the nine and twentieth day of May in the yeare of our Lord God one thousand sixe hundred thirtye nine in the presence of William Greeenhill, Thomas Woodward, Henry Haynes, Thomas Palmer, Edward Sutton
witnesses to whole: John Burgoyne, Richard Taylor, Christopher Turnor, Edmund Kinge, Thomas Palmer