THAT the River Dee anciently was Navigable to the City of Chester , but at present Ships can come no further than Nesson , eight Miles below the said City : The Citizens of the said City of Chester having lost a great part of their Trade and Commerce , by reason of the River's being rack'd up , were desirous to regain their Trade , and many other Advantages they had lost , thereupon applied themselves to Francis Gell of London , Merchant , to restore the Navigation of the said River , not knowing any other means to effect the same .

Therefore a Common Assembly was called , and by the same an Agreement was made with the said Francis Gell very advantageous for the said City of Chester , which said Agreement bears Date the 21th Day of October , 1698. to Effect following , ( Viz . )

1. That Commissioners be named of the best Quality in the Counties of Chester and Flint , and City of Chester , to set out the Bounds of the Sands and Soil not bearing Grass , next adjoining to the said River from the Key near Nesson , and from Flint Castle to the New Tower of the City of Chester .

2. That Mr. Gell be Impowered to make the said River Navigable for Ships of 100 Tuns at all Tides , by Channels and Trenches as shall be thought convenient .

3. That Mr. Gell and his Heirs may Enclose and Improve the Sands and Soil , and also receive for every Barrel of Coal that is brought and used in Chester , three Half-pence ; and every Barrel of Lime , brought , burnt , or made there , Two Pence .

4. That the Sands and Soil , and Duties on Coal and Lime , be vested in Mr. Gell and his Heirs , for to make the River Navigable , and continuing it so for ever , the Surplus to Mr. Gell and his Heirs .

5. That the Duties may not be misapplied , the Mayor and Citizens shall have Power until the River be made Navigable , to call all Receivers or Agents to Account , and to Peruse their Books , and to Examine them upon Oath , and if Mr. Gell , his Heirs , &c. or their Agents and Collectors , shall not have disbursed from the beginning for every 100 l. received by the said Duties , the further Sum of 300 l. above the said 100 l. or if the River shall not be made Navigable in Ten years from March , 1699. That then the Estate and Interest of Mr. Gell to the said Duties , and Sands and Soil , shall cease to him , his Heirs and Assigns , and be vested in the Mayor and Citizens , and they to agree with any other fit Person to carry on the Navigation , and they to be Entituled to the Duties , and Sands , and Soil . No Collector to be employed to receive the Duties , but first to give Security to be Approved by the Mayor and Citizens .

6. That the Commissioners shall have Power to set out convenient Roads and Highways over any Lands to be Enclosed ; and if Occasion shall require , to appoint a Place for a Free Ferry for the Publick Service .

7. It was further Agreed in order to obtain an Act of Parliament , That Mr. Gell in a Month after the Act shall be passed , do Advance and Deposite 2000 l. into the Hands of Two sufficient Citizens , in Trust to be laid out with the Duties in the said Undertaking , and so forwards to advance the like Sums , until the Undertaking be perfected , and if any thing remain in Bank , to return it to Mr. Gell and his Heirs .

8. A●d it was Agreed , That a Petition from the Mayor and Citizens to the Honourable House of Commons be prepared , and the Common Seal affixed to it , and a Bill to be brought to be pass'd into an Act to make the River Navigable , pursuant to the Proposals and Agreement .

That the Citizens of the said City being so fully satisfied of the Advantage they were to reap by the said Agreement , at the same time affixed the Common-Seal of the said City to a Petition ( which is not yet presented ) thereby humbly praying the Honourable House of Commons , that leave might be given to bring in a Bill for the Navigating the said River Dee .

That altho' by the said Agreement , Mr. Gell is not obliged to Pay the said 2000 l. till a Month after the Act is pass'd , yet the said Mr. Gell to demonstrate his sincerity for performing his Part , and Encouraging the said Work , is ready to deposite the said 2000 l. into the Hands of such Person or Persons as the said City shall direct and appoint .

Note , That there is a Petition to the Honourable House , Signed by the Majority both in Number and Quality of the Citizens of the said City of Chester , besides that of the Assembly under the Common-Seal , as aforesaid , for making the said River Dee Navigable , pursuant to the said Agreement with Mr. Gell : And to the same Purpose there are Petitions from most of the Freeholders and chief Inhabitants of the Towns and Villages adjoining to both sides of the River Dee , and the Country adjacent .

Therefore it is Humbly Prayed , That a Bill may be brought into this Honourable House , to make the said River Dee Navigable , pursuant to the said Agreement .