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[Page 4]
if the Fen is held in Joint Tenancy it must have been so always. the Claims must now be prescriptive in that Case the Lord Could not in Early times have approvd against his Tenants but the Earl of Chester when Lord of Bolingbroke did approve against them & his Tenants Joint Claimd their Right to the Lands so later the Lord appropriated to his own use which one of these approvements in Frith Bank. Evidence of this approvement will I conclude be sufficient to destroy the Prescription of Tenancy in Common it is the same with Bourage which I have taken in my time as the Dutchy Court are immediately interested in this Plea which Struck at the whole of their interests in the Fen they will no doubt assist Mr. Caley Should be immediately Employd & [indecipherable] made in the Dutchy office where no doubt records in abundance will be found to clear up this matter
one thing only I remember which seems in Favor of the Tenants having the Right of Soil & that is that the Laws of the Court relative to the getting of Land does not prohibit the Tenants from so doing. They go only to Punishing those who do not fill up the Pits they have made this however is probably a Law of the homage & ought not to affect the Rights of the Lord
The Right Honble Sir Jos Banks Bart.
Soho Square
London