Charles II, 1663
An Act for settling the dreyning of the Great Levell of the Fenns called Bedford Levell

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History of Parliament Trust

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John Raithby (editor)

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1819

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499-512

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'Charles II, 1663: An Act for settling the dreyning of the Great Levell of the Fenns called Bedford Levell', Statutes of the Realm: volume 5: 1628-80 (1819), pp. 499-512. URL: http://www.british-history.ac.uk/report.aspx?compid=47353 Date accessed: 23 July 2014.


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The great Level of the Fens how bounded.
II. Recital that 12,000 Acres had been set forth to the King, who had allotted 2,000 Acres to Earl of Portland, 500 of which the Earl had conveyed to Benjamin Weston and the Remainder to several Persons; The said 2,000 Acres vested in the said Persons to be enjoyed by them in severalty. III. The remaining 83,000 Acres settled and vested in the Governor, &c. IV. Writs concerning the said Grounds and Offences therein shall be good, though County, &c. not rightly named. V. No other Commissioners of Sewers to intermeddle in the said Level. VI. Conveyances by Indenture to be entered with the Register, and held good as if enrolled in Court of Record, from Entry. VII. Governor, &c. to execute Estates under the Common Seal. VIII. Taxes and Penalties how to be levied. IX. Proviso for Tenants at Will or by Lease in arrear taking off their Crops. X. Public Notices to be given of Lands charged with Arrears of Taxes or Penalties. XI. New works may be made by Corporation. XII. The Oath to be taken by the Governor, Bailiffs, Conservators, &c. and by a whom administered. XIII. The Governor, Bailiffs, and Conservators to be elected yearly. XIV. Lands of Persons attainted (part of the 83,000 Acres) vested in the King. XV. Recital that divers Lots of the said 95,000 Acres belonged to Persons herein named. XVI. Recital that the Persons who are in Possession of the said Lots pretend that they have laid out Monies in respect thereof. XVII. The Power and Authority of the said Judicature. XVIII. Directions for their Decrees and Proceedings in respect of Monies laid out by Parties in Draining, &c. XIX. Parties to the said Indenture of 14 Parts whose Shares were sold for Non-payment of Taxes may bring their Action although Corporation have not executed Estates; XX. Recital that £4,000 is in arrear for Taxes, &c. XXI. Recital of certain Complaints by particular Persons and Parishes as to the draining, &c. the said Lands. XXII. Manner of appointing Commissioners in the room of others dead, &c. XXIII. Proviso respecting Lands in Ravely, Upwood, Sothery, Wicken, Cowfenn, Beezling, and Upwell. XXIV. Lands in Arrear for Non-payment of Taxes or Penalties for Two Months may be sequestered by Commissioners. XXV. Governor, &c. not paying Taxes or Penalties whereby the Lands of the XXVI. Action against Governor, &c. by Persons whose Goods, &c. have been distrained or Lands sequestered. XXVII. Commissioners may examine Witnesses upon Oath. XXVIII. The Commissioners to take an Oath. XXIX. Decree of Commissioners final. XXX. The Places where the Commissioners are afterwards to sit; XXXI. No Commissioners to have Voice respecting their own Division. XXXII. No interested Person to be a Commissioner. XXXIII. What shall create Incapacity of being a Commissioner. XXXIV. Commissioners empowered to make Satisfaction for Lands injured by making new Works. XXXV. Lords of Manors and Owners of Wastes and Commons may improve, &c. XXXVI. Owners of 175 Acres of Land in Sutton and North and South Meadland may sue the Owners of other Lands for Contribution. XXXVII. Proviso respecting Suits by Persons interested in Londoners Fen, for Rents of their Shares received since Level adjudged drained, and for Contributions against the Owners and Occupiers of Upwell, Outwell, and Welney. XXXVIII. Proviso for the King's Possession of Dousedale Bank. XXXIX. How and for what Terms Archbishops, Bishops, &c. may make Leases. XL. Proviso for Thomas Chicheley, Esq. XLI. Proviso for Lords of Manors as to Waifs, Strays, &c. XLII. Proviso for St. 4 Jac. I. c. 13. XLIII. Commissioners enabled to decree Recompense to Owners of Lands cut through for conveying the Waters from the Level, and repairing the Banks and Works, and in Default of Payment may tax the 95,000 Acres. XLIV. The Barons of the Exchequer empowered to hear and determine Differences between Parties, in case the said Judicature do not determine within Twelve Months from 1 Aug. next. XLV. Proviso for Lessees of the King of the said 10,000 Acres, and their Assignees, being chosen Governor, &c. and voting. XLVI. Proviso for David Offley, Gentleman. XLVII. How far Breaches in Banks, Sluices, &c. to be made good. XLVIII. Proviso for Persona claiming under Francis Earl of Bedford, that have changed their Lands. XLIX. Proviso as to Bounds of Parishes, and Rights of Tithes. L. Persons having Right of Common in Bedford Level, or others, breaking down Enclosures; LI. After the Year 1668, Taxes shall not exceed 2s. per Acre in any one Year on the 10,000 Acres vested in the King, or the 2,000 Acres vested in the Assignees of the Earl of Portland. Proviso for Abatement. LII. Acre Tax for the said 12,000 Acres not to compel or conclude Corporation to lay an Acre Tax on the said 83,000 Acres. Footnotes

The great Level of the Fens how bounded.

Indenture of the 27th February 7 Car. I.; The Earl of Bedford and Adventurers made a Corporation for the Fens.; The Earl of Bedford Governor.; The Bailiffs. Conservators.; Their Power and Authority.

Whereas certaine Moores Marshes Fenny and low surrounded Groundes within the Countyes of Northampton, Norfolke Suffolke Lincolne Cambridge and Huntington and the Isle of Ely were called the Greate Levell of the Fenns and after severall fruitless Undertakings for dreyning the same were upon the Desires of many Persons of Worth and interessed in the same declared to be a greate and noble Worke and of much Concernement to the whole Country, and at their earnest Desire undertaken to be dreyned by Francis late Earle of Bedford according to a Law of Sewers made at Kings Lynne in the sixth Yeare of the Raigne of the late King Charles of glorious Memory which said Levell is bounded as followeth (viz (fn. 1) ) Eastward from the Bridge and Cawsey of Stoake unto Brandon Bridge upon the Uplands of Northold, Methold, Feltwell Hockwold and Wilton in the County of Norfolke and from Brandon Bridge unto the End of Worlington Load upon Mildenhall River upon the Uplands of Brandon the low Grounds of Wainsford excluding the same, the Uplands of Lakingheath, the Low Grounds of Earsewell excluding the same, and the Uplands of Mildenhall in the County of Suffolke Southwarde from Worlington Load unto Burwell Blocke upon the Uplands of Freckingham, Islham, Fordham, Soham and Wickin in the County of Cambridge and excluding the Low Grounds of Burwell, Landward and other Places lying Eastward from Burwell Blocke aforesaid, and from thence unto the Mill neare Anglisey Abbey upon the Uplands of Burwell Reach Swaffham Pryor, Swaffham Bulbecke and Botsham in the County of Cambridge, and from thence unto the Ferry place at Clayhith upon the Uplands called Quyhall, the Low Ground called Low Fenne and the Uplands of Hormingsey and Clayhith in the said County excluding the Low Grounds called Lowfenn and Offenne and from the said Ferry place unto Overload upon the Uplands of Water Beach Cottenham Rampton Wivelingham and Over in the said County of Cambridge, and upon the Low Grounds of Swacy in the said County excluding the same Westward from Erith unto the Damme lately made uppon the River Neane near Strandground upon the Uplands of Somersham and the Soake thereof Warbois Wistow, Berry Ramsey Upwood Raveley, Wood Walton, Sawtrey Connington Glatton and Holme Caldecott Denton Stilton Yaxley Fassett and Standground in the County of Huntington excluding the Low Grounds lying on the North side of the River of Owse above Erith and from the said Damme unto Peterborough Bridge upon the said River of Neane, and from thence unto the Ferry place neere Waldronn Hall upon the Uplands of Peterborough and the Soake thereof in the County of Northampton And Northward from the said Ferry place neere Waldron Hall unto Crowland Bridge upon the River of Welland, and from thence to Dowsedale upon the Banke of Great Porsand, and from thence unto Guyhurne upon the Southea Banke and from thence unto Tilnehurne upon the Bank of the Fenne Ground called Waldersea and from thence unto Elme Leame at Grangers House upon the Banke of the Fenne Ground called Coldham, and from thence unto the River of Neane neare Thurlings in Upwell upon the Banke of Needham called Bisshops Dyke and from thence unto Well Creeke at the North West Corner of Wassingham Fenne upon the Banke of the Grounds in Upwell and Outwell called Playfeild and Churchfeild [excluding the aforesaid Fenns and Grounds called Waldersea Coldham Needham Playfeild and Churchfeild (fn. 1) ] and from thence unto Salters Load upon the New Podyke Banke, and from thence unto the Mouth of the River Wissey upon the River Owse, and from thence unto Helgey Bridge upon the River Wissey and from thence unto the Uplands at the End of the Banke of the Grounds late of Edmond Skipwith Esquier deceased upon the said Bank and from thence unto Stoake Bridge upon the Uplands of Roxham, Deereham Weereham, Wretton and Stoake in the said County of Norfolke, except the imbanked Grounds late of Edmond Skipwith Esquier lying on the North side of the River of Owse And whereas the said Francis late Earle of Bedford was to have for his Recompence of effecting that difficult Worke onely nynety five thousand Acres of the said Grounds with convenient Highwayes and Passages to the same, and the new River Cutts and Dreynes to be made by the said Earle and his Assignes, and the Banks of the same and the Forelands in the inside of the said Banks not to exceed sixty Foot in Breadth which was a Worke of soe great and publick Concernement, that his said late Majesty gave great Encouragement to the said Francis late Earle of Bedford and others whom hee had taken in to bee Adventurers and Participants with him therein upon the Covenants Conditions and Agreements contained and specified in and by a certaine Indenture of foureteene Parts bearing Date the seaven and twentieth Day of February in the seaventh Yeare of the Raigne of his said late Majesty and his Royall Assurance to further it by his Concurrence to an Act of Parliament for establishing thereof, and did by Letters Pattents under the Great Seale of England incorporate the said late Earle his Adventurers and Participants to have Succession for ever, and in order to the effecting thereof the said late Earle and his Adventurers and Participants bestowed great su[m]mes of Money for perfecting the same, and after his Death and some Interruptions William now Earle of Bedford Sonne and Heire to the said Earle Francis with divers of his Adventurers and Participants by Colour of a pretended Act of Parliament of the nyne and twentyeth Day of May in the Yeare of our Lord one thousand six hundred forty and nyne proceeded in the compleating and finisheing the said Workes and the Comissioners appointed by that pretended Act did adjudge the same dreyned, but the same cannott be preserved without a perpetuall constant Care great Charge and orderly Goverment, which being represented to the Kings most excellent Majesty that now is, He hath beene gratiously pleased to declare more then an ordinary Willingness to promote and countenance a Worke of soe publique Concernement and many Wayes advantagious to this his Kingdome, To the'nd therefore that a Worke of this Nature may receive a publique Support and Encouragement Bee it enacted by the Kings most excellent Majesty with the Advice and Assent of the Lords Spirituall and Temporall and Comons in this Parliament assembled and by the Authority of the same That the said William Earle of Bedford Sonne and Heire of the said Francis Earle of Bedford, and the Adventurers and Participants of the said Earle Francis and Earle William or either of them their Heires and Assignes in such manner as is herein contained shall bee a Body Politique and Corporate in Deed and Name and have Succession for ever by the Name of the Governor Bayliffs and Cominalty of the Company of Conservators of the Great Levell of the Fenns, which Corporac[i]on shall consist of one Governor six Bayliffs twenty Conservators and Cominalty, and shall have and use a Comon Seale to be appointed by themselves, and assemble and meete together when where and as oft as they please, and appoint a Register Receivour one or more Serjeants at Mace and other Officers and allow them Sallaryes and remove them and make new at their Pleasure, And the said William Earle of Bedford is to be the first Governor: Richard Lord Gorges Sir Richard Onslow Knight Sr. William Terringham Knight of the Bath Samuell Sandys Thomas Chicheley and Samuell Fortrey Esquiers the six first Bayliffs Sr Gilbert Gerhard junior Knight, William Denton, William Crane, Edmond Berry Godfrey, Arthur Evelyn Samuell Smith Roger Jenings Robert Castle Robert Hampson Joseph Ayloffe Esquiers Thomas Lord Cullpepper Sr. John Hewett Baronett Arthur Onslow Robert Phillips Anthony St. John Esquiers St. Oliver St. John Sir Charles Harbord Knights Francis Hoblyn Samuell Sandys junior and Robert Terringham Esquiers the first Conservators And the said Governor Bayliffs and Conservators to continue until Wednesday in Whitson Weeke in the Yeare of our Lord one thousand six hundred sixty and foure and from thenceforth untill new Elections by the said Corporation or the major Part which shall be then present, and shall bee capable to sue and bee sued, and without Licence of Mortmaine to purchase Mannors Lands Tenements and Hereditaments not exceeding two hundred Pounds p[er] Ann[um] and Goods and Chattells and to dispose thereof in the Name and to the Use of the said Corporac[i]on, and the said Governour Bayliffes and Conservators or any five or more of them whereof the said Governor or Bayliffes or any of them to be two shall and may lay Taxes from Tyme to Tyme upon all the said nynety five thousand Acres onely for Support Maintenance and Preservation of the said Great Levell and leavy the same with Penaltyes for Non payment, not exceeding a third Part of the Tax and all other Things doe in order to the Support Maintenance and Preservation of the said Great Levell and Works made and to be made

II. Recital that 12,000 Acres had been set forth to the King, who had allotted 2,000 Acres to Earl of Portland, 500 of which the Earl had conveyed to Benjamin Weston and the Remainder to several Persons; The said 2,000 Acres vested in the said Persons to be enjoyed by them in severalty.

To be holden of the King in free Soccage, subject to Charges for preserving the Level.

And whereas by the said Law of Sewers twelve thousand Acres Parcell of the nynety five thousand Acres was designed and intended to his said late Majesty and were sett forth and allotted by Bounds in Severalty, and his said late Majesty was in Possession thereof, and granted assigned allotted and sett out by Bounds two thousand Acres Parcell of the said twelve thousand Acres by Letters Pattents unto Jerome Earle of Portland his Heires and Assignes (of which said two thousand Acres the said Earle of Portland hath sold away about one thousand five hundred Acres in severall Parcells to severall Person's their Heires and Assignes for valueable Considerations and the Residue thereof being about five hundred Acres hath granted and conveyed unto his Brother Benjamin Weston Esquier and his Heires upon severall Trusts agreed upon betweene the said Earle of Portland and Benjamin Weston by writing for that Purpose Bee it therefore enacted by the Authority aforesaid That the said two thousand Acres or such other Lands of equall Vallue as shall bee sett forth in exchange of the same in case the aforementioned two thousand Acres on any Part thereof shall hereafter be adjudged to have beene unduly sett out, shall be and hereby are vested settled and established in the said severall and respective Persons (to whom the said Earle of Portland hath soe conveyed or mentioned to convey the same) their Heires and Assignes respectively to each Person his Heires and Assignes his and there severall and respective Share and Shares that was so respectively to each of them conveyed or mentioned to be conveyed by the said Earle of Portland to be held and enjoyed by them and each of them his Heires and Assignes his and their owne Share and Part onely in Severalty according to the Intent of the said Conveyances thereof to them respectively made by the said Earle of Portland upon the same Trusts nevertheless for and concerning the said five hundred Acres granted or mentioned to be granted to the said Benjamin Weston which the said Earle of Portland and Benjamin Weston had declared and agreed upon betweene them as aforesaid which said two thousand Acres shall bee holden of the Kings Majesty his Heires and Successors of the Mannor of East Greenwich by Fealty onely in free and co[m]mon Soccage and not otherwise and subject nevertheless with the Residue of the nynety five thousand Acres in equall Proportion to all Taxes and Charges, necessary and conducing to the Preservation of the said Great Levell from drowning.

III. The remaining 83,000 Acres settled and vested in the Governor, &c.

in Trust for the said Earl William of Bedford and the Adventurers.; To be holden in free Socage.; The 10,000 Acres, residue of the said 12,000 Acres, vested in the King, subject to Charges.; The Authority of the said Corporation as Commissioners of Sewers.; To proceed by Juries; and to employ Serjeants to summon and return Juries. ; Power of the said Juries.; Governor, &c. may lay Taxes upon the 95,000 Acres, exercise Customs, appoint Officers, &c. as are used in Romney Marsh.; To take the Oath of Commissioners of Sewers.

And bee it further enacted by the Authority aforesaid, That the eighty three thousand Acres, remainder of the said ninety five thousand Acres, with the said Wayes, Passages, new Rivers, Cutts, Dreynes, Bancks, and Forelands, over and above the said ten thousand Acres, Residue of the said twelve thousand Acres, which were allotted in Severalty, and of which his said late Majesty was in Possession as aforesaid, are hereby vested and setled in the said Governour Bailiffs and Co[m]minalty of the Company of Conservators of the said Great Levell of the Fenns, and their Successors, In Trust neverthelesse for the said William Earle of Bedford, and the Adventurers and Participants of the said Earle Francis, and Earle William, or either of them, their Heires and Assignes. in such manner and wise, as is herein after more particularly and especially lymited and provided, and according to such Parts and Proportions, as they respectively now hold and enjoy, or by Virtue and Provision of this Act, ought to hold and enjoy, subject and lyable, likewise to the Payment of all Taxes and Charges as aforesaid, to bee holden of the Kings Majesty his Heires and Successors, of the Mannor of East Greenwich, by Fealty only in free and co[m]mon Socage, and not otherwise And the said ten thousand Acres, residue of the said twelve thousand Acres (whereof his said late Majesty, was in Possession as aforesaid) are hereby vested and setled in his Majesty that now is, and his Assignes, subject and lyable with the residue of the said ninety five thousand Acres, to the same Taxes and Charges, before specified And because the said Great Levell of the Fenns, extends into the said six Countyes, besides the Isle of Ely, and forasmuch as Co[m]missioners of Sewers, cannot legally proceed in Execution of their Co[m]mission, but by a severall Jury of every County, to enquire of the Matters within their Commission in that County, which hath heretofore enforced the said Earle, his Participants and Adventurers, Co[m]missioners and Countryes to very great Trouble, Losse and Expence, both of money and time, For avoyding which Inconveniencyes, It is hereby further enacted by the Authority aforesaid, That the said Governour Bailiffs and Conservators of the said Corporation for the time being, or any five or more of them, whereof the said Governour or Bailiffs for the Time being or their Successors, or any of them to bee two, for maintenance and preservation of the said Great Levell, by convenient Outfalls to the Sea, shall for ever hereafter bee, and are hereby made and constituted Co[m]missioners of Sewers, for and of the said Great Levell of the Fenns, And the said Governour, Bayliffs and Conservators or any five or more of them, whereof the said Governour or Bailiffs, and their Successors, or any of them to bee two are hereby enabled and impowered from henceforth to use and exercise the Power and Authority of Co[m]missioners of Sewers within the said Great Levell of the Fenns, and of the Works, made, or to bee made without the said Great Levell, for conveying of the Waters of the said Great Levell, by convenient Outfalls to the Sea, touching all Matters and Things whatsoever happening to bee executed or done, within the said Great Levell, or the said Workes without the said Great Levell, enquireable, punishable, or to bee done by Co[m]missioners of Sewers, and therein to act and proceed, by one or more Juryes of good and lawfull Men, inhabiting within any Parte or Place, within the Boundaryes of the said Great Levell of the Fenns, though in severall Countyes, as if the said Great Levell of the Fenns, lay within one of the said Countyes: only, and shall have Power to imploy the said Serjeants or any of them for the time being, by Warrant or Precept from the said Governour Bayliffs and Conservators, and their Successors, or any five [or more (fn. 2) ] of them, whereof the said Governour or Bailiffs, or any of them to bee two, under the Co[m]mon Seale of the said Corporation, to su[m]mon and returne Juryes within the Boundaryes of any Part of the said Great Levell, and execute all Precepts and Proces from them from time to time, and all other Things doe, as fully as any Sheriffe, within his respective County, may or can doe by Warrant or Precept from Co[m]missioners of Sewers, which Juryes are to appeare at the Times and Places, sett or appointed for them to appeare, before the said Governour Bailifis and Conservators, and their Successors, or any five or more of them, whereof the said Governour and Bailiffs and their Succeffors, or any of them to bee two, and are hereby impowered to inquire of, present, and try all Matters, within the said Great Levell, and of and concerning the said Workes made or to bee made without the said Great Levell, for conveying of the Waters of the said Great Levell by convenient Outfalls to the Sea. within the Power of Comissioners of Sewers as if the same lay within any one of the said Countyes or as if the said Great Levell were one distinct County of it selfe And the said Governor Bayliffes and Conservators or any five or more [of them whereof the said Governor or Bayliffs or any of them (fn. 2) ] to be two shall have further Power aswell for the Maintenance of the said Great [Levell (fn. 2) ] as for laying and levying of Taxes upon the said nynety five thousand Acres to use and exercise within the said Great Levell such and the like Lawes and Customes and constitute and appointe such and the like Officers from tyme to tyme as are or lawfully may be used in Rumney Marsh in the County of Kent they who exercise the said Power of Comissioners of Sewers first taking the Oath which Comissioners of Sewers are by the Law to take the which Oath the said Governour and Bayliffs or any of them are hereby impowred to administer from tyme to tyme without any further Comission

IV. Writs concerning the said Grounds and Offences therein shall be good, though County, &c. not rightly named.

And because the Meetes and Boundaryes of the said Grounds within the said Great Levell as to the Countyes and Parishes are very uncertaine and hard to be distinguished Bee it therefore further enacted That every Writt Bill Plaint, Count, Declarac[i]on Information Presentment and Indictment of for or concerning the said Grounds within the said Great Levell of the Fennes or any Part or Parcell of the same or any Tresspass Offence or Wrong done acted or comitted within the said Great Levell and Proceedings thereupon shall be good and sufficient in Law though the County Parish Towne or Place or any of them in such Writt, Bill Plaint, Count, Declaration, Information Presentment or Indictment be not rightly named soe as there be such other Certainty or Discription of the Place whereby the same is or may be comonly knowne.

V. No other Commissioners of Sewers to intermeddle in the said Level.

And be it further enacted That no other Comissioners of Sewers shall intermedle within the said Great Levell or with any the Works made or to bee made for Support Maintenance or Preservation of the said Great Levell [within or without the said Great Levell (fn. 2) ] as aforesaid otherwise then hereafter in this Act shall be provided.

VI. Conveyances by Indenture to be entered with the Register, and held good as if enrolled in Court of Record, from Entry.

Entry indorsed by Register good Evidence on Trial.

And be it further enacted That all Conveyances by Indenture of the said nynety five thousand. Acres or any Part thereof entred with the said Register in a Booke to be kept for that Purpose shall be of equall Force to convey the Freehold and Inherrittance of the said nynety five thousand Acres or any Part thereof as if the same Conveyances by Indenture were for valueable Considerations of Money enrolled within six Monthes in one of the Kings Courts of Record at Westminster And no Lease Grant or Conveyance of, or Charge out of, or upon the said nynety five thousand Acres or any Part thereof except Leases for seaven Yeares or under in Possession shall be of Force but from the tyme it shall be entred with the said Register as aforesaid the entry whereof being endorsed by the said Register upon such Lease Grant Conveyance or Charge shall bee as good and effectuall in the Law [as if the originall Booke of Entryes were produced at any Tryall at Law (fn. 2) ] or otherwise,

VII. Governor, &c. to execute Estates under the Common Seal.

And be it further enacted That the said Governor Bayliffs and Cominalty shall execute Estates according to the aforesaid Trust under their Comon Seale the Taxes and Penaltyes then in arreare being first paid [which for non payment are by vertue of this Act to bee levied by Sale of the Lands (fn. 2) ]

VIII. Taxes and Penalties how to be levied.

Lands sold for Taxes and Penalties in arrear.

And be it further enacted That for the levying such Taxes and Penaltyes as are now in arreare or at any tyme since the thirtieth Day of September in the Yeare of our Lord one thousand six hundred fifty and eight (other then such as are hereby otherwise directed to be leavyed) or which shall be sett and imposed upon the said nynety five thousand Acres [by virtue of this Act and shall be in arreare upon the respective Parts and Proporc[i]ons of the said nynety five thousand Acres (fn. 2) ] the said Governor Bayliffs and Conservators of the said Corporation, and their Successors for the tyme being or any five or more of them whereof the said Governor and Bayliffs for the tyme being and their Successors or any of them to be two for leavying such Taxes and Penaltyes which now are or shall bee soe in arreare upon the respective Parts and Proportions of the said nynety five thousand Acres shall on Wednesday and Thursday in Whitson weeke or either of them every Yeare at the Shire house in Ely aforesaid in the said Isle of Ely have power onely to sell soe much of such Parts and Proportions of the said nynety five thousand Acres upon which any Tax shall be in arreare or Penaltyes in such Proportions, as the said Governor Bayliffes and Conservators of the said Corporation or their Successors or any five or more of them whereof the said Governour and Bayliffs or any of them to be two shall judge to be sufficient to raise such Taxes and Penalties by any Writing under the Seale of the said Corporation and the Person or Persons to whom such Sales shall bee made shall be a lawfull Purchaser and Assignee of soe much as shall be sold to all Intents and Purposes whatsoever.

IX. Proviso for Tenants at Will or by Lease in arrear taking off their Crops.

Proviso respecting Length of Arrear and Quantity of Land to be sold.

Provided That by any Colour of any Sale for non payment of Taxes any Tennant or Tennants at Will or by Lease indented upon improved Rent of any part of the said nynety five thousand, Acres shall not be removed from his or their Possession untill he or they shall have taken his or their Crop from off the Premisses soe sold paying reasonable Rent proportionable to the tyme that such Possession shall from and after such Sales be continued and such Tennant or Tennants as shall hold any Part of the said nynety five thousand Acres by Lease as aforesaid shall and may if he or they shall thinke meete continue out their respective Termes paying their Rent to such Purchaser in proportion to the quantity of Acres soe purchased Any Thing herein contained to the contrary in any wise notwithstanding Provided That the said Corporation nor their Successors shall not sell any Part or Proportion of the said nynety five thousand Acres for any Tax or Penalty in arreare which Tax or Penaltyes shall not be in arreare by the Space of foure Monthes next before the Sale nor any more Lands then onely for the raising of such Taxes and Penaltyes.

X. Public Notices to be given of Lands charged with Arrears of Taxes or Penalties.

Provided also That the said Corporation shall give publique Notice from tyme to tyme of the Parts and Proportions of the said nynety five thousand Acres for which any Tax or Penaltyes is or shall be in arreare by affixing openly at the Shire house or Markett place in Ely aforesaid a Schedule in Parchment under the Seale of the said Corporation conteyning such Parts and Proportions of the said nynety five thousand Acres for which any Tax or Penalty is or shall be in arreare with the Name and Names of the respective Owner or Owners entred upon the Tax Roll with the said Corporation, of the said Parts and Proportions of the said nynety five thousand Acres soe in arreare.

XI. New works may be made by Corporation.

Throwing down, &c. any Works; Penalty.

And bee it further enacted That the said Corporation shall and may from tyme to tyme erect any new Workes within the said Great Levell or without the said Great Levell for conveying the Waters of the said Great Levell by convenient Outfalls to the Sea, so alwayes that if they cutt any severall Grounds they give full Recompence and Sattisfaction for the same in such manner as shall bee hereafter in this Act provided And if any Person or Persons shall cutt throw downe or destroy any of the said Workes made or to be made as aforesaid the Parties offending shall answer treble Damages to the said Corporation and Costs of Suite to be recovered in an Action of Tresspass to be brought by the said Corporation in any of his Majesties Courts of Record, And if such cutting throwing downe or destroying shall be malitiously done the same shall be punished as for the cutting the Podyke in Marsh Land,

XII. The Oath to be taken by the Governor, Bailiffs, Conservators, &c. and by a whom administered.

And bee it further enacted That the said William Earle of Bedford, nominated to be Governour and every other from tyme to tyme into that Office chosen shall (before he take upon him or them the exercise of that Office) take an Oath That he will well and truly execute that Office in all things, the which Oath shall and may bee administred by the said Bayliffs or any one of them And the said Bayliffes Conservators Register Receiver or other Officer nominated as aforesaid and every other from tyme to tyme into any of the respective Offices to be chosen shall (before he or they take upon him or them the exercise of the said respective Offices) take the like Oath for the true executing their respective Offices the which Oath shall bee administred by the said Governor Bayliffs and Conservators or any two or more of them without any Comission or further Warrant.

XIII. The Governor, Bailiffs, and Conservators to be elected yearly.

Qualification of Governor, &c.; Removal of Governor, &c.; Governor, &c. to demand Accounts from all Officers and Agents employed.; Arrears of Rent to be received.; In Suits against any employed by this Act, General Issue may be pleaded.

And for the Continuance of the said Corporation in Succession for ever Bee it further enacted That the said Governor Bayliffs Conservators and Cominalty upon Wednesday in Whitson weeke yearely shall at a publique Meeting to be holden for the said Corporation by the greater number then present whereof the [said (fn. 3) ] Governor or one of the Bayliffs to be one elect a new Governour Bayliffs and Conservators respectively, Provided that none bee capable to be or continue Governor or Bayliffes that hath not foure hundred Acres or more of the said nynety five thousand Acres nor to be a Conservator that hath not two hundred Acres or more of the said nynety five thousand Acres, nor any of the Cominalty to have a Voyce in Elections that hath not one hundred Acres or more of the said nynety five thousand Acres And that the said Governor Bayliffs and Conservators or any of them shall and may bee removed by the said Governor Bayliffs and Conservators and Cominalty or the greater number of them present at their publique meetings whereof the said Governor or one of the Bayliffes to be one, and new chosen in the place of him or them soe dead or removed And the said Governor Bayliffes and Cominalty also shall have further Power to have demand and receive an Account from all and every the Officers Agents and Servants their Executors and Administrators heretofore imployed or hereafter to be imployed for the receiving and paying of money for or in relation to the carrying on of the Works of the dreyning of the said Great Levell, and shall and may sue for and recover the same And that all arreares of Rent already incurred upon or out of any Part of the said nynety five thousand Acres upon any Contract or Lease of the said Premisses or any Part or Parcell thereof shall bee received and recovered as if the said pretended Act had beene a good and effectuall Act, And if any Suite be comenced against the said Corporation or any Person for any Matter or Thing done in pursuance of this Act, then bee or they shall or may plead the Generall [Issue (fn. 3) ] and give the speciall Matter in Evidence upon any Tryall to be had touching the same, which shall bee as good and effectuall in Law as if the same had beene specially pleaded and the Jury upon the Tryall to give a Verdict accordingly.

XIV. Lands of Persons attainted (part of the 83,000 Acres) vested in the King.

Provided alwayes and bee it further enacted by the Authority aforesaid That as touching and concerning such Parte and Parcell of the said eighty three thousand Acres whereof any Person or Persons attainted or that shall bee attainted was or were in Possession at any tyme since the nyne and twentyeth Day of May in the Yeare of our Lord one thousand six hundred forty and nyne under pretended Sales thereof respectively made by colour of the said pretended. Act or under any other Title or pretended Title whatsoever, The Kings most excellent Majesty his Heires Successors and Assignes shall have the same and like Benefitt Advantage and Interest in all and every the said Parts and Parcells of the said eighty three thousand Acres and no other them as the said Persons soe attainted or which shall bee attainted could or ought to have by virtue of this Act in case they had not beene soe attainted or shall not be attainted

XV. Recital that divers Lots of the said 95,000 Acres belonged to Persons herein named.

Governor, &c. to stand seized of the said Lots in trust for the Persons and in manner herein mentioned; and to execute Estates of such Lots accordingly.

And whereas the Shares Lotts Parts and Proportions of and in the said nynety five thousand Acres which in pursuance of the said Indenture of fowerteene Parts, and by virtue or Intention of the said Act and Law of Sewers made at Lynne doe belong and appertaine to the said Samuell Sandys the Elder or his Trustees Sir. William Terringham, Sr Richard Onslow and other the Assignees and Trustees of Henry late Earle of Arundell and Surrey deceased [Arthur Earle of Anglesey Thomas Lord Culpepper (fn. 4) ] Robert Phillips Robert Scawen. and to divers other Persons the Participants of the said Earle Francis and Partyes to the said Indenture or their respective Heires Executors Administrators or Assignes are now possessed and enjoyed by divers Persons who tooke contracted for or accepted of or by such who clayme and derive their Interest and Title from and under such Persons as did take contract for or accept of pretended Estates or Conveyances of the same made or pretended to be made by certaine Persons mentioned in and by the said pretended Act of the nyne and twentyeth Day of May one thousand six hundred forty and nyne to have Authority to sell the Shares Lotts Parts and Proportions of such of the Adventurers and Participants of the said Earle Francis, and of their respective Heires and Assignes as should refuse or make default of Payment of such Taxes as should by colour and in pursuance of the said pretended Act be imposed upon them respectively in respect of their Shares and Lotts in or out of the said nynety five thousand Acres Bee it therefore enacted by the Authority aforesaid That the said Governor Bayliffes and Comonalty of the said Company of Conservators of the said Great Levell of the Fenns and their Successors shall actually stand seised and possessed of all and every the Shares Lotts Parts and Proportions last mentioned In Trust nevertheless to and for the use and Behoofe of the said Samuell Sandys the elder or his Trustees in trust for him, Sir William Terringham Sir Richard Onslow and others the said Assignees and Trustees of Henry late. Earle of Arundell and Surrey deceased [Arthur Earle of Anglesey Thomas Lord Culpepper (fn. 4) ] Robert Phillips, Robert Scawen and of their respective Heires and Assignes and to and for the respective Uses and Behoofes of the said other Persons the Participants of the said Earle Francis, and Parties to the said Indenture of fowerteene Parts and of their respective Heires and Assignes, now out of Possession of their respective Shares Lotts Parts and Proportions of the said nynety five thousand Acres as heretofore in or about the Month of October in the thirteenth Yeare of the Raigne of the late King Charles of ever blessed Memory were respectively allotted severed sett forth or divided for or as the respective Shares Lotts Parts and Proportions of such of the Adventurers the Participants of the said Earle Francis and Partyes to the said Indenture of fowerteene Parts their respective Heires Executors Administrators and Assignes from and under whom the said Samuell Sandys the Elder or his Trustees, Sr William Terringham Sr Richard Onslow and others the Assignees and Trustees of Henry late Earle of Arundell and Surrey deceased [Arthur Earle of Anglesey Thomas Lord Culpepper (fn. 4) ] Robert Phillips Robert Scawen and the said other Persons the Participants of the said Earle Francis and their respective Heires Executors Administrators and Assignes now out of Possession of their respective Shares Lotts Parts and Proportions doe respectively clayme and derive their said Shares Lottes Parts and Proportions And the said Governour Bayliffes and Cominalty of the Company of Conservators, are hereby authorised and required to execute respective Estates of the said Shares Lotts Parts and Proportions accordingly subject and lyable nevertheless with the residue of the said nynety five thousand Acres in equall proportion to all Taxes and Charges to be laid and imposed by virtue of this Act for preservation of the said Great Levell from drowning

XVI. Recital that the Persons who are in Possession of the said Lots pretend that they have laid out Monies in respect thereof.

The Chief Justice of the King's Bench and others constituted a Judicature to hear and determine Differences in respect thereof.

And whereas the Persons, now in Possession of the said last mentioned Shares Lotts Parts and Proportions of the said nynety five thousand Acres, whereof pretended Estates and Conveyances were taken contracted for or accepted of as aforesaid doe pretend that they or those under whom they doe respectively claime and derive their Right Title or Pretensions [to the said Shares Lotts Parts and Proportions (fn. 4) ] respectively have laid out and disbursed for Taxes for and towards the Maintenance Preservation and Repaire of the Workes of the said Great Levell heretofore erected by the said Earle Francis and his Participants and for and towards their erection of new and necessary Works for the better and more effectuall Dreyning of the said Great Levell, and for building upon the said Shares Lotts Parts and Proportions more moneyes then the cleere Rents Issues and Profitts of the said Shares Lotts Parts and Proportions have amounted to since the said respective pretended Estates and Conveyances were first taken contracted for or accepted as aforesaid Bee it therefore enacted by the Authority aforesaid and it is hereby enacted That the Cheife Justice of the Court of Kings Bench, the Cheife Justice of the Court of Co[m]mon Pleas, the Cheife Baron of the Court of Exchequer, and the Justices of the said Court of Comon Pleas for the tyme being or any Two or more of them are hereby constituted appointed and erected a Judicature or Co[m]missioners to heare order judge decree and determine upon Bills and Answers to be exhibited or otherwise as they shall thinke fitt betweene the said Persons who are now in the Possession, of the said respective Shares Lotts Parts and Proportions and the respective Heires and Assignes of the said Persons now in Possession as aforesaid and the said Sir Richard Onslow and other the said Assignees and Trustees of the said Henry late Earle of Arundell and Surrey deceased [Arthur Earle of Anglesey Thomas Lord Culpepper (fn. 4) ] the said Samuell Sandys the Elder or his Trustees Sr William Terringham Robert Phillips Robert Scawen, and the said other Persons Participants of the said Earle Francis and their respective Heires and Assignes who are now out of the Possession of the said Shares Lotts Parts and Proportions respectively and to whom respective Estates are by virtue of this Act to bee executed of the same as aforesaid And the said Judicature or Comissioners or any Two or more of them are hereby authorised out of the said Shares Lotts Parts and Proportions to order adjudge decree and determine to either of the said Partyes respectively such Recompence and Allowance as they the said Judicature or Comissioners or any Two or more of them shall see Cause.

XVII. The Power and Authority of the said Judicature.

And for the better enabling the said Judicature or Comissioners to proceed to the hearing ordering adjudging decreeing and determining and for putting in due and speedy execution such Order Judgment Decree and determination as they or any Two or more of them shall make betweene the said Partyes It is hereby further enacted by the Authority aforesaid That they the said Judicature or Comissioners or any Two or more of them shall have such and the like Power and Authority as the High Court of Chancery hath in Cases before the said Court depending and for putting in Execution the Decrees of the said Court.

XVIII. Directions for their Decrees and Proceedings in respect of Monies laid out by Parties in Draining, &c.

And to the end that the said Judicature may be the better enabled to judge of the Rights and Pretensions of either Party Bee it further enacted by the Authority aforesaid That in every Decree or Determination which they shall make by virtue and in pursuance of this Act they shall have regard to the Su[m]me and Sumes of Money actually disbursed and expended by either Party in the Works of dreyning the said Great Levell, and in the Preservation and Repairation of the same and alsoe to the respective Times of such Disbursements and Expence defalking thereout such Su[m]me and Su[m]mes of Money as have beene received by either Party their Tennants or Assignes for the Rents Issues and Profitts of the same and abating out of the Interest of the Money disbursed by either Party soe much as the Interest of the Money received by such Party for the Rents Issues and Profitts of the same doth amount unto.

XIX. Parties to the said Indenture of 14 Parts whose Shares were sold for Non-payment of Taxes may bring their Action although Corporation have not executed Estates;

and may recover and hold the same Lands as though Corporation had executed Estates subject to Decree of said Judicature and to Taxes by this Act.

And to the intent that the Persons who by the true intent and meaning of this Act are to be putt into Possession of any Part of the said eighty three thousand Acres may not by undue delayes or by any other Meanes or Pretensions De kept out of the Possession of the same Bee it further enacted by the Authority aforesaid That at any time or tymes after the Expiration of six Monthes after the passing of this Act it shall and may bee lawfull to and for the said Samuell Sandys the elder and his Trustees for him, Sr Richard Onslow and others the Assignees and Trustees of Henry late Earle of Arundell and Surrey [deced Arthur Earle of Anglesey Thomas Lord Culpepper (fn. 5) ] Sr William Terringham, Robert Phillips and Robert Scawen their and every of their respective Heires and Assignes and [to and for the Participants of the said Earle Francis (fn. 5) ] Parties to the said Indenture of Fowerteene Parts their and every of their respective Heires and Assignes whose Lands Shares Lotts Parts and Proportions of and in the said nynety five thousand Acres were sold or pretended to be sold for Non payment of Taxes by virtue of the said pretended Act of the nyne and twentieth Day of May in the Yeare of our Lord one thousand six hundred forty and nyne to bring their respective Action or Actions of Tresspass or Tresspass and Ejectment in his Majestyes Court of Kings Bench or Court [of (fn. 5) ] Co[m]mon Pleas at Westminster against any Persons, or Persons whatsoever possessing withholding or occupying the same, although the said Governor Bayliffs and Conservators or so many and such of them as are thereunto authorised by this present Act have not or shall not execute Estates pursuant to this present Act to such Person or Persons hereby enabled to bring such Action or Actions, and such Person or persons shall recover such Lands Shares Lotts Parts and Proportions of the said nynety five thousand Acres as they respectively [shall make and (fn. 5) ] derive Title and Clayme unto as Participants of the said Francis Earle of Bedford Partyes to the said Indenture of fowerteene [Parts or as the respective Heires or Assignes of the said respective Participants Partyes to the said Indenture of fowerteene (fn. 5) ] Parts as if the said Governor Bayliffs and Conservators had duly executed respective Estates of such respective Lands Shares Lotts Parts and Proportions of the said nynety five thousand Acres according to the true Intent and Meaning of this Act And such Person or Persons his and their respective Heires and Assignes shall have and hold the same Lands Shares Lotts Parts and Proportions as fully and effectually as if the said Governor Bayliffs and Conservators had executed respective Estates thereof subject nevertheless to such Decree as the said Judicature or Comissioners before nominated and appointed shall make touching or concerning the Premisses, and also subject to the Payment of all Taxes to be laid and imposed by virtue of this Act and no other.

XX. Recital that £4,000 is in arrear for Taxes, &c.

The said Commissioners may determine by whom and how the same is to be paid.

And whereas there are severall Sumes of Money amounting to foure thousand Pounds or thereabouts in arreare for Taxes laid and imposed since the nyne and twentieth Day of September in the Yeare of our Lord one thousand six hundred fifty and eight upon severall Parts of the said nynety five thousand Acres subjected by this Act to the Judicature aforesaid and for Penalties incurred for Non payment of the same by virtue or colour of some Act or Authority or pretended Act or Authority Bee it therefore enacted by the Authority aforesaid That the said Comissioners or Judicatory or any Two of them aforesaid, shall have Power and Authority and are hereby required in such Adjudication as they shall make touching the Lands subjected to their Judicature as aforesaid to direct order and decree upon what Persons or Lands the said Sumes of Money soe in arreare for Taxes and Penalties as aforesaid shall bee charged, and the said Taxes and Penaltyes shall bee accordingly leavied upon such Persons or Lands and in such Manner and by such Wayes and Meanes as shall be directed ordered and decreed by the Judicature aforesaid or any two of them, and as if such Direction Order and Decree had beene perticularly hereby enacted

XXI. Recital of certain Complaints by particular Persons and Parishes as to the draining, &c. the said Lands.

Commissioners appointed for hearing the said Complaints.

And whereas perticular Persons and Parishes doe conceive and alledge That the dreyning of one Place hath drowned and made worse the Lands in other Places And whereas diverse Persons likewise doe alledge and complayne That the said nynety five thousand Acres in many Places are not indifferrently sett out or allotted according to the Law made at Lynne in the sixth Yeare of the late King Charles nor according to Agreement made with the Country but in many Places greater Quantityes have beene taken from the Owners Co[m]moners and Townships then ought to have beene, and that some Lands have beene taken as belonging to one Parish and County which in Truth did belong to another, and in many Places the Allottments have been taken very inconvenient for the Towneships which ought not to have beene by the said Agreement And whereas the dreyning aforesaid and future Maintenance of the said Greate Levell ought to be without Prejudice to Navigation And because all Complaints which have beene made and all Prejudices which have beene or shall be done to perticular Persons Parishes and Places cannott by this Act be sufficiently provided for and remedied Bee it further enacted by the Authority aforesaid That Sir John Tracy Knight Sr. Charles Mordant Sr: Nicholas L'Strange Barronetts Sr. William Hovell Knight, Edward Pepis Humphry Beddingfeild Nicholas Stileman Esquiers for the County of Norfolke, Sr. Nicholas Bacon Knight of the Bath, Sr. Lionell Tolemach [Bart (fn. 6) ] Sr John Duncombe Knight Sr. Edmond Pooley Knight, Sr George Reve Knight and Barronett, Sr. George Weneve Knight Thomas Waldegrave Esq[uire] for the County of Suffolke, Sr Dudley North, St Thomas Wendy Knights of the Bath Levinus Bennett Esquier Robert King John Pepis Docters of the Law, Thomas Crouch Francis North Esquiers for the County of Cambridge, Sr Thomas Sclater Bart L'Strange Colthrop John Millecent Thomas Hall John Sotheby Esquiers John Bing Esq[uire] & Wm Wrenn Esq[uire] for the Isle of Ely, Sr Francis. Compton Knight, Robert Apprece, Sutton Ashfeile [Esq[uire] (fn. 6) ] Anthony South Dr of [the Law (fn. 6) ] Robert Paine Richard Nailer Ferrers of Gedding Esquiers for the County of Huntington, Sr William Dudley Knight [& Bart (fn. 6) ] Maurice Tresham Francis Kirkham Lewis Palmer, Christopher Thursby Francis Lane George Tresham [Esquiers (fn. 6) ] for the County of Northampton, S,t Charles Hussey Sr John Newton Baronetts Sr Thomas Meres Sr. Anthony Irby Knights Sr. Anthony Oldfeild Baroriett Richard Brownlowe Daniell Rhoades Esquiers for the County of Lincolne shall be and are hereby made and constituted the present Comissioners for the Purposes herein mentioned,

XXII. Manner of appointing Commissioners in the room of others dead, &c.

The Power and Authority of the said Commissioners to hear Complaints; to make Satisfaction to Persons whose Lands, &c. have been injured; and for Four Years, from 24th June 1663, to change and restore Parts unequally allotted and set forth.

And for the supplying the Number of the Comissioners of the said respective Countyes in case of Death or other Avoydance or Incapacity Bee it alsoe enacted That within three Monthes after such Death or Notice of such Avoydance or Incapacity of the remaining Comissioners of each respective County of which such Comissioners who dyed or became incapable were or the major Part of them shall from tyme to tyme nominate and appointe by Deed under their Hands and Seales to be enrolled in Chancery some others Person or Persons residing within the said County of which the said Comissioners who dyed or became incapable were to be Comissioners in the Place and Stead of him or them soe dying or becoming incapable which said Comissioners hereby Constituted or hereafter to be constituted in manner aforesaid or any seaven or more of them, be are and shall bee hereby authorised [and impowred (fn. 6) ] from tyme to tyme to heare and determine such Complaints Controversyes Differences and Greivenances as are in this Act expressed (relating to or concerning or occasioned by the Dreyning and Maintaining the said Great Levell) of any Parish or Towneship or of any Person or Persons aswell within or without the said Levell in such Manner as is herein after expressed And that the said Comissioners hereby constituted or hereafter to be constituted in manner aforesaid or any seaven or more of them shall from tyme to tyme have Power and Authority and are hereby required at or before the eight and twentieth Day of September which shall be in the Yeare of our Lord one thousand six hundred sixty and six to give or make Satisfaction out of the said nynety five thousand Acress to such [Parish or Township (fn. 6) ] Person [or (fn. 6) ] Persons whose Lands or Interest therein either within or without the said Levell shall after the first Day of May one thousand six hundred sixty and three be [made1] worse in Quallity or Condic[i]on by the aforesaid Dreyning or Workes, then they were before the undertaking the dreyning of the said Levell in the sixth Yeare of the Raigne of our late King Charles of blessed Memory and proportionable to the Losses the Owners of or Persons interessed in such Lands shall hereafter receive by reason of their Lands being made worse in Quallity [or (fn. 6) ] Condition by any such Workes and Dreyning as aforesaid and shall also have power at any tyme within foure Yeares from, the foure and twentieth Day of June in the Yeare of our Lord one thousand six hundred sixty and three to alter change and restore such Parts and Parcells of the said nynety five thousand Acres as shall upon Complaint be found and adjudged by the said Comissioners or any seaven or more of them to be unequally unduly or inconveniently sett forth by reason of any allotting either of greater Quantities or as belonging to other Countyes Parishes or Mannors or in more inconvenient Places then they were formerly allotted and sett out by a Law of Sewers made at St Ives the twelfth Day of October in the thirteenth Yeare of King Charles the First notwithstanding any Vesting of the said nynety five thousand Acres or any Part thereof in the Kings Majesty or in the said Governor Bayliffs and Cominalty or in any other Persons before mentioned or any Estates executed by them or any of them

XXIII. Proviso respecting Lands in Ravely, Upwood, Sothery, Wicken, Cowfenn, Beezling, and Upwell.

And as to Proportions falling short in Quantity; Rivers, Bridges, &c. obstructed; Commissioners may decree to be made good at Charge of Corporation.; Corporation neglecting, then Cummissioners may tax the 95,000 Acres for preserving Navigation of the said Rivers.; Money assessed by Commissioners to be paid in 20 Days after Notice.; If not, then levied by Distress; and applied to the said Navigation.; Commissioners within Four Years from 24th June 1663 to ascertain Boundaries and set Marks where defaced, and certify the same into Chancery.; If 8,000 Acres lying near together become drowned, Commissioners to tax the 95,000 Acres for Money for draining the same.

Provided and be it enacted That nynety three Acres in Raveley and Upwood; seaventy six Acres in Sothery, forty foure Acres and one Rood in Wicken, eighty eight Acres in Cowfenne, two hundred eighty two Acres in Beezling, and thirty seaven Acres in Upwell sett out to bee enjoyed as Part of the said nynety five thousand Acres since the making the said Law of St Ives in liew of like Proportions altered and restored to the Country shall be held and enjoyed by the said Corporation subject nevertheless to the Trust in and by this Act declared as to the said eighty three thousand Acres Residue of the said nynenty five thousand Acres and shall sett forth to the said Corporation in trust for the Participants or Adventurers whose Proportion shall be soe altered or exchanged in liew of such Part as shall be soe altered exchanged or restored such other Proportions in such other Places within the said Levell as to the said Comissioners or any seaven or more of them shall seeme just and reasonable according to the Proporc[i]ons and Places which ought and might have beene by Lynne and St Ives Law aforesaid to be held and enjoyed of the Mannor of East Greenwich to the End there may bee no Diminution of the said nynety five thousand Acres, and where it shall appeare upon Complaint of the said Corporation before the said Comissioners or any seaven or more of them that any of the Proportions of the said nynety five thousand Acres heretofore sett forth to Francis Earle of Bedford his then Participants and Assignes, doe fall short in the Quantity of Acres for which the same were sett forth and allotted according to the said Lawes of Lynne and St Ives, the said Comissioners or any seaven or more of them shall within the said Terme of foure Yeares aforesaid appointe the same to be supplyed and made up out of the Grounds where the same was soe allotted to be sett forth to make up the said [Proportion of (fn. 7) ] nynety five thousand Acres And in case the said Earle of Bedford and his Participants or the said Corporation shall through or by reason of their undertaking or dreyning aforesaid in the sixth Yeare of his late Majestyes Raigne of ever blessed Memory have done or hereafter shall doe any Act or Acts to the Prejudice of Navigation, and whereby Navigation in the said Rivers of Owse and Grant, and all other Rivers now navigable passing through the said Levell, and the River of Westwater being a Branch of the River of Owse if it be consistent with the dreyning or in any of them or such Droveways or Bridges within [and without (fn. 7) ] the said Levell as have beene made [or caused to bee made (fn. 7) ] by the Adventurers and have beene by them maintained [unlesse there bee some Agreement to the contrary (fn. 7) ] bee or hereafter shall be interrupted obstructed and made worse that then the said Comissioners or any seaven or more of them, whereof the Vice Chancellor for the University of Cambridge, the Maior of the Towne of Cambridge and the Maior of the Towne of Kings Lynne for the tyme being to be three if they upon Notice left at their respective Habitations shall thinke fitt to be present from tyme to tyme shall and may decree the same to be made good and amended at the proper Costs and Charges of the said Corporation within a convenient tyme as to their Judgments shall seeme meet, And in case it shall happen and soe fall out that the said Corporation shall neglect or refuse to repaire and make good the same according to the Order and Decree of the said Comissioners and within the tyme limitted by them that then it shall and may be lawfull to and for the said Comissioners or any seaven or more of them by Warrant under their Hands and Seales attested to tax the said nynety five thousand Acres in such Su[m]me and Su[m]mes of Money as in their Judgments shall seeme meete for the making preserving and keeping the Navigation in any of the aforesaid Rivers as the same was in the said sixth Yeare of the said King Charles the First which said Su[m]me or Su[m]mes of Money soe to bee assessed or taxed by the Comissioners aforesaid shall within twenty Dayes next after Notice thereof given to the Governour or Treasurer of the said Corporation be paid unto such Person or Persons as the said Comissioners shall nominate and appointed to receive the same And in case the said Governor or Treasurer of the said Corporation after Notice soe given as aforesaid shall refuse or neglect to pay the said Su[m]me or Su[m]mes as aforesaid that then the said Comissioners or any seaven or more of them shall have full Power and Authority to impowre the said Person or Persons to levy the said Su[m]me or Su[m]mes of Money by Distress or Distresses to be taken upon the said nynety five thousand Acres or any Part thereof, and to make Sale of the said Distress or Distresses soe taken and sell the same, and render the Overplus unto the said Governor or Treasurer deducting their reasonable Charges for their Labour and Paynes therein. All which said Su[m]me or Su[m]mes of Money soe to be taxed and levyed by the Authority aforesaid shall bee expended and laid out in preserving and keeping the said Navigation as aforesaid, and maintaining the same according to the true Intent and Meaning of this Statute and not otherwise And the said Comissioners or any seaven or more of them are also hereby impowred and authorised within the Space of foure Yeares from the foure and twentyeth Day of June in the Yeare of our Lord one thousand six hundred sixty and three to ascertaine and divide the Precincts and Boundaryes of such Parts of the said respective Countyes Lordships Mannors and Parishes within the said Levell as have beene by and since the undertaking defaced and made obscure or by some other meanes remaine uncertaine and hard to bee found out, and shall sett downe such Boundes and Divisions in Writing by such Markes Boundaryes and Descriptions as to them shall seeme meet, and shall certify the same under their Hands and Seales in the High Court of Chancery according to which Division of the said Comissioners or any seaven or more of them the Extent of the said respective Countyes Lordshipps Mannors and Parishes in such Places soe bounded and divided, shall for ever after the said Certificate bee deemed to bee and none other, And in case the Quantity of eight thousand Acres lying together or nere together, or any greater Quantity of Ground lying together or neere together within the said Levell shall become drowned and so continue for the Space of twelve Monthes together that then it shall bee lawfull for the said Comissioners for the tyme being or any seaven or more of them from tyme to tyme and at all tymes to assess Taxes or Su[m]mes of Money upon the said nynety five thousand Acres for the raising Money for dreyning the same againe in such Proportion as they or any seaven or more of them shall thinke fitt together with a Penalty for not paying the said Taxes the said Penalty not exceeding a third Part of such Tax,

XXIV. Lands in Arrear for Non-payment of Taxes or Penalties for Two Months may be sequestered by Commissioners.

And for Default of Payment of the said Taxes or Sumes of Money and Penaltyes Bee it enacted That the Lott and Share of such Participant or Adventurer of and within the said nynety five thousand Acres as shall bee in Arreare for the said Tax Su[m]me of Money or Penalty, and unpaid by the Space of two Monthes next after the Day appointed for Payment by the said Comissioners or any seaven or more of them, or so much thereof as they shall thinke fitt shall be sequestred by the said Comissioners or any seaven or more of them for or towards the Payment of such Tax Su[m]me of Money or Penalty soe in Arreare restoring the Overplus of the Money for which such Lott or Share or any Part thereof shall be sequestred if any bee Which Sequestration shall be made in Writing under the Hands and Seales of the said Comissioners for the tyme being or any seaven or more of them.

XXV. Governor, &c. not paying Taxes or Penalties whereby the Lands of the

Tenants are sequestered or their Goods distrained or the Tenant shall pay the same,; Corporation on Notice thereof may tax the 95,000 Acres for such Sum and Damages.

Provided alwayes and be it enacted by the Authority aforesaid That in [case (fn. 7) ] the said Governor Bayliffes and Corporation constituted by this Act shall neglect or refuse to pay such Tax or Taxes and Penaltyes Sume or Sumes of Money as shall from tyme to tyme hereafter bee taxed and imposed by the said Comissioners before named or to be named by virtue of this Act or any seaven or more of them pursuant to the Powers given them by this Act whereupon the Goods and Chattells of any Person or Persons his or their Tennant or Tennants of and in the said nynety five thousand Acres or any Part thereof shall be distreyned or sold or his or their Lands sequestred for the payment thereof or that such Person or Persons his or their Tennant or Tennants shall thereupon pay the said Tax and Taxes and Penaltyes soe assessed and imposed as aforesaid that then the said Governor Bayliffes and Corporation imediately from and after Notice to him or them given thereof, shall assess and tax the whole nynety five thousand Acres for the Satisfaction and Payment of the Tax Taxes and Penaltyes Sume and Sumes of Money and all Damages that such Person or Persons his or their Tennant or Tennants hath or have paid borne or susteyned as aforesaid.

XXVI. Action against Governor, &c. by Persons whose Goods, &c. have been distrained or Lands sequestered.

And bee it further enacted by the Authority aforesaid That if the said Governor Bayliffs and Corporation shall not within six Monthes next after Demand made by such Person or Persons his and their Heires Executors and Administrators whose owne or Tennant or Tennants Goods and Chattells shall bee distreyned or sold or Lands sequestred as aforesaid pay and sattisfy unto him or them such Suu[m]me and Sumes of Money and Damages as he or they or his and their respective Tennant or Tennants have respectively paid borne and susteined, That then and from thenceforth such Person and Persons his and their Heires and Assignes shall and may bring his and their Action or Actions of Debt in any of the Kings Majestyes Courts at Westminster against the said Governor Bayliffes and Corporation for the Recovery thereof, and by virtue of this Act shall recover the same, and bee allowed Cost of Suite expended therein.

XXVII. Commissioners may examine Witnesses upon Oath.

And bee it further enacted by the Authority aforesaid That the Comissioners soe constituted or to bee hereafter constituted as aforesaid or any seaven or more of them for the better Execucon of the Powers hereby given shall and may informe themselves by examining Witnesses upon Oath which hereby they or any seaven or more of them shall have Power to administer due Execution of all every or any the Powers or Authorityes hereby given them, and for the doing Justice therein accordingly

XXVIII. The Commissioners to take an Oath.

Provided alwayes That the said Comissioners and every of them before he or they take upon him or them the Execution of any the Powers or Authorityes hereby given them other then the administring the Oath following to one another, which they shall have Authority by this present Act to administer to one another shall take the Oath following (vizt)

I A:B: shall and will without Favour or Affection Hatred or Mallice truly and impartially according to the best of my Skill and Knowledge execute and performe all and every the Powers and Authorityes established by this Act of Parliament.

Which Oath any one of the [said (fn. 8) ] Comissioners are hereby authorised to administer

XXIX. Decree of Commissioners final.

Time and Places of First Meeting.

And bee it further enacted by the Authority aforesaid. That all Judgments Orders Decrees Determinations Alterations Changes Restaurations and other Acts done by the said Comissioners hereby constituted or hereafter to be constituted as aforesaid or of any seaven or more of them respectively pursuant to the Powers and Authorityes by this Act given shall be finall, and that the first Tyme and Place of their Meeting shall bee at or before the two and twentieth Day of September in the Yeare of our Lord one thousand six hundred sixty and three at Ely.

XXX. The Places where the Commissioners are afterwards to sit;

to be Market Towns.; Notice of Time and Place of Sitting.

And that afterwards the usuall Places where the said Comissioners shall sitt to heare order and determine the Matters to them referred by this Act shall from the nyne and twentieth Day of September to the six and twentieth Day of March in every Yeare bee at the Towne of Huntington, and from the five and twentieth Day of March till the thirtieth Day of September in every Yeare be at Ely unless the said Comissioners hereby constituted or hereafter to be constituted as aforesaid or any seaven or more of them shall appoint some other Place or Places being a Markett Towne or Townes and the said Comissioners or any seaven or more of them shall by Warrant under their Hands and Scales declare the Places and Tymes of their after meeting which Warrant shall bee published in the open Markett of such respective Places where they last sate betweene the Houres of Twelve and Two upon some Markett Day one Month at the least before the said tyme or tymes of Meeting to the End all Persons concerned may have sufficient Tyme and Notice to make their Appeareance before them upon any Cause of Complaint or other Occasion and shall have Power and Authority by Warrant under the Hands and Seales of any seaven or more of them to summon Partyes and Witnesses to appeare before them

XXXI. No Commissioners to have Voice respecting their own Division.

Provided That none of the said Comissioners hereby constituted or hereafter to be constituted as aforesaid shall vote or give his Judgment or Determination in any Matter or Thing which concernes the Division and Bounds of the County of or for which he is appointed Comissioner

XXXII. No interested Person to be a Commissioner.

Provided also That noe Person who hath any [Part (fn. 8) ] Share or Interest in Possession or Revertion of or in any Mannors or Lands within the said Levell shall bee a Comissioner.

XXXIII. What shall create Incapacity of being a Commissioner.

And in case of Descent Guift Devise or Purchase of any such Part Share or Interest to or by any of the said Comissioners It is hereby declared and enacted That imediately after such Descent Guift Devise or Purchase to or by any such Comissioner [the said Descent Guift Devise, or Purchase (fn. 8) ] shall bee an Avoydance of his being a Comissioner, and shall make him bee incapable of being againe nominated or appointed a Comissioner whilst his Interest doth remaine

XXXIV. Commissioners empowered to make Satisfaction for Lands injured by making new Works.

Provided also and the said Comissioners for the Tyme [being (fn. 9) ] or any seaven or more of them shall from tyme to tyme and at all tymes have Power and Authority to give and make Sattisfaction out of the nynety five thousand Acres to such Person or Persons whose Lands or Interest therein (by any new Works hereafter to be made by the said Corporation within the said Levell for conveying of the Waters of the said Levell by convenient Outfalls to the Sea) shall bee made worse in Quallity Condition or Value then they were before the said Undertaking in the said sixth Yeare of the said late King Charles proportionable to the Loss and Damage the Partyes shall receive thereby:

XXXV. Lords of Manors and Owners of Wastes and Commons may improve, &c.

Differences arising concerning Boundaries, &c. to be settled by Commissioners upon View or Examination of Witnesses upon Oath, or upon both.; Determination certified into the Petty Bag, and final.; How Allotments under such Decree held.

And to the end that the Owners of the Commons and Wasts in the said Levell [and other Townes Parishes and Places unto which the Workes aforesaid or any of them doe extend (fn. 9) ] may improve the same by making Divisions and Inclosures Bee it provided and enacted by the Authority aforesaid That it shall and may bee lawfull for any Person or Persons Body Politique or Corporate whatsoever their Heires and Successors that are [or shalbee (fn. 9) ] Lords of Mannors or have [or shall have (fn. 9) ] Rights of Coo[m]mon in the said Wasts to improve sett out inclose divide and sever such Proportion or Proportions as to them shall or may severally [or respectively (fn. 9) ] belong or appertaine [or bee adjudged and allotted (fn. 9) ] out of the said Coo[m]mons and Wasts within [the said Levell (fn. 9) ] or within any Towne Parish or Place into which the Workers aforesaid or any of them doe extend [and to hold such Proporcc[i]oon in Severalty at all Times of the Yeare and all Differences that shall arise concerning (fn. 9) ] the Boundaryes of the Wasts Rights of Coo[m]mon Approvements [Allottments (fn. 9) ] Divisions and Inclosures shall from tyme to tyme and at all tymes be determined adjudged and finally ended by the said Comissioners for the tyme being or any seaven or more of them upon their View or Examination of Witnesses upon Oath (which they are hereby authorized to administer) [or upon both (fn. 9) ] and hearing of Parties [concerned by theire Adjudicacc[i]oon under (fn. 9) ] their Hands and Seales in Writing, which Determination and Judgment being certified into the Petty Bagg [there to bee filed & kept on Record (fn. 9) ] shall be finall and conclusive unto all Partyes And the Allottments Divisions and Proportions soe [adjudged or (fn. 9) ] decreed to be held by the said respective Persons to whom they are soe sett out shall be held by him or them [and his & their Heires Executors and Assignes respectively (fn. 9) ] according to his or their Tenure or Tenures Estate Title or Interest they had in the Mannors Tenements and Lands for which they claymed the said Proportions of Coo[m]mon as abovesaid [paying such Fines and Rents and doing such Services in Proportion for the same as by Custome or otherwise they are to pay or [doe and (fn. 9) ] doe for the Mannors Tenements and Lands for which they clayme the same Proportion having such respect to the yearely Values of the one and the other as shall (if need soe require) be limitted by seaven or more of the Comissioners (fn. 10) ].

XXXVI. Owners of 175 Acres of Land in Sutton and North and South Meadland may sue the Owners of other Lands for Contribution.

Provided alsoe and be it enacted That it shall and may be lawfull to and for such Person and Persons (as were heretofore Owners of the one hundred seaventy five Acres in Sutton North and South Meadland in the said Isle of Ely sett out by the said Law of St Ives as a Recompence for dreyning the whole North and South Meadlands conteyning about one thousand Acres their Heires or Assignes to sue and implead before the said Comissioners or any seaven or more of them the Owners and Occupiers of the said North and South Meadlands or elsewhere within the said Great Levell to draw them into Contribution for their severall and respective Proportions of the said North and South Meadlands towards the said one hundred seaventy five Acres And the said Comissioners or any seaven or more of them shall thereupon adjudge and decree unto the said Owners of the said one hundred seaventy five Acres or such of them as they shall thinke fitt and to their Heires and Assignes such Recompence and Satisfaction either in Ready Money yearely Rent or Land out of the Residue of the said North and South Meadlands as to the said Comissioners or any seaven or more of them shall seeme meete to be held and enjoyed by the said Owners of the said one hundred seaventy five Acres their Heires and Assignes.

XXXVII. Proviso respecting Suits by Persons interested in Londoners Fen, for Rents of their Shares received since Level adjudged drained, and for Contributions against the Owners and Occupiers of Upwell, Outwell, and Welney.

Provided alwayes and be it enacted That it shall and may bee lawfull to and for Sr. John Watts Knight and others who derive any Interest under the Drayners of that Fenn called Londoners Fenn his and their Heires and Assignes to sue and implead all and every Person and Persons their Executors and Administrators that have taken and received the Rents and Profitts of his or their Share and Proportion of Londoners Fenne remaining from the Share and Proportion allotted and sett out by the said Law of St. Ives since the said Levell was adjudged drayned and to sue for and recover the same in any of his Majestyes Courts at Westminster And also That it shall and may bee lawfull to and for the said Sr. John Watts and the Participants aforesaid his and their Heires and Assignes heretofore Owners of the severall Proportions in Londoners Fenn sett out by St Ives Law for the Adventurers Recompence for dreyning the Low Grounds in Upwell Outwell and Welney to pursue and prosecute before the said Comissioners or any seaven or more of them their Clayme and sue for Releife against the Owners or Occupiers of the Fenny and Low surrounded Grounds lying in Upwell Outwell and Welney aforesaid whose Grounds did not all contribute or not in equall Proportion to the said nynety five thousand Acres to draw them into Contribution in Ease of the said Sr. John Watts and the Participants aforesaid and thereupon the said Comissioners or any seaven or more of them are hereby impowred to adjudge and decree unto the said Sr. John Watts and the Participants aforesaid his and their Heires and Assignes such Proportion out of the said Grounds which have not equally contributed as aforesaid, as to the said Comissioners or any seaven or more shall seeme meet

XXXVIII. Proviso for the King's Possession of Dousedale Bank.

Provided alwayes and be it enacted That it shall and may be lawfull for the Kings Majesty and the Queenes Majesty their Heires Successors and Assignes to continue in the Possession Usage and Disposall of the Banke called Dousedale Banke being on the South side of his Majestyes Demesnes Lands called Portsand belonging to their Mannor of Crowland being Parte thereof, and to have such ancient Passages and Currents as of Rights have beene used and accustomed for the Avoydance of Water through the same into the River South Eae as if this Act had never beene made.

XXXIX. How and for what Terms Archbishops, Bishops, &c. may make Leases.

Provided alwayes and be it enacted by the Authority aforesaid That it shall and may be lawfull to and for every Arch bisshop Bisshop Deane and Chapter and all Colledges and Halls in either University [and all Bodies Politique & Corporate (fn. 11) ] who are [or shalbee (fn. 11) ] Lords of Mannors or have [or shall have (fn. 11) ] Right of Soyle or Coo[m]mon in the Wasts within the said Levell, [or within such other Townes Parishes & Places into which the Workes of the Dreyning aforesaid doe or shall extend (fn. 11) ] and who are by this Act impowred to improve sett out inclose divide and sever such Proportion or Proportions as to them shall or may respectively belong or appertaine out of the said Commons and Wasts within the said Levell to demise by Indenture all and every the said such Proportion or Proportions as to them shall or may respectively belong or appertaine out of the said Coo[m]mons or Wasts within the said Levell which have not by expresse Words and [under any particular Rent binne at any Time formerly (fn. 11) ] demised for any Terme or Number of Yeares not exceeding one and twenty Yeares so as upon every such Demise or Lease be reserved the fourth Part of the true yearly Value to be ascertained by the Comissioners aforesaid or any seaven of them due and payable yearly during the said Terme to him or them and his and their Successors.

XL. Proviso for Thomas Chicheley, Esq.

Provided alwayes and be it declared by and with the Consent of all Partyes concerned That neither this Act nor any Thing therein conteined shall extend or bee construed to extend to alter the Possession of Thomas Chicheley Esquier of or from six hundred seaventy one Acres Parcell of the Lott now claimed to belong to the said Trustees of Henry late Earle of Arundell and Surrey and two hundred thirty one Acres Parcell of the Lott now claimed to belong to the said Sr. William Terringham or from any Part thereof by him the said Thomas Chicheley now enjoyed under Purchasers by Sales for Non payment of Taxes, upon the Dispute betweene the old and new Adventurers but that the said Corporation shall execute Conveyances of the said respective Proportion unto the said Thomas Chicheley his Heires and Assignes Any Thing herein conteined to the contrary thereof in any wise notwithstanding

XLI. Proviso for Lords of Manors as to Waifs, Strays, &c.

Provided alwayes and be it enacted That all such Rights or Rights as any Lord or Lords of any Mannor or Mannors Libertyes Hundred or Halfe Hundred have heretofore had within their respective Mannor or Mannors Libertyes Hundred or Halfe Hundred within or without the said Levell to Waifes Strayes Fellons Goods Priviledges of Arrests Escheats and all other Royaltyes not prejudiciall to the Dreyning bee hereby saved to them their Heires Successors and Assignes severally and respectively Any Thing in this Act to the contrary thereof notwithstanding.

XLII. Proviso for St. 4 Jac. I. c. 13.

Provided alwayes That this Act or any Thing therein conteined shall not be interpreted to infring or any Way to weaken an Act made the fourth Yeare of the Raigne of King James intituled An Act for the dreyning of certaine Fenns and Low Grounds within the Isle of Ely subject to Hurt by surrounding conteyning about six thousand Acres compassed about with certaine Banks comonly called and named The Ring of Waltersea and Coldham but the said Act shall stand in full force and vertue Any Thing in this present Act to the contrary notwithstanding.

XLIII. Commissioners enabled to decree Recompense to Owners of Lands cut through for conveying the Waters from the Level, and repairing the Banks and Works, and in Default of Payment may tax the 95,000 Acres.

Provided also, That whereas divers Lands, in and neere adjoyning unto the said Great Levell, have been cutt through for the better conveying of the Waters from the same, and for upholding or repayring the Bankes and Workes there, without making Satisfaction to the respective Owners of the said Lands, for the D?mage they have susteyned by such cutting Bee it further enacted That the said Coo[m]missioners for the time being, or any seaven or more of them, upon Complaint to them made of such Damage susteyned as aforesaid, without Recompence for the same, shalbee, and are hereby impowered, to award and decree such Recompence and Satisfaction to the Party and Partyes greived, according to their respective D?mages susteyned by such cutting, as to the said Coo[m]missioners for the time being, or any seaven or more of them shall bee adjudged reasonable, the said Recompence and Satisfaction to bee made and given by the said Corporation, within six Monthes next after such Award, or Decree made, and in Default thereof, the said Coo[m]missioners or any seaven or more of them, shall and may and are hereby impowered, to rate and tax the said ninety and five thousand Acres, and to distreyne thereupon for the Payment of such Rate or Tax, and the Distresse taken thereupon, to sell or dispose as they shall thinke fitt, (rending the Overplus (if any bee) to the Owner) for the Payment and Satisfaction of such Moneys and D?mages, as shall bee soe awarded, Any Thing in this Act to the contrary thereof notwithstanding.

XLIV. The Barons of the Exchequer empowered to hear and determine Differences between Parties, in case the said Judicature do not determine within Twelve Months from 1 Aug. next.

Provided nevertheles, That in case the Judicature hereby established, shall not within twelve Moneths from the first Day of August next, heare and determine all the Matters by this Act to them referred, concerning the said ninety five thousand Acres, all and every such Person and Persons, whose Complaints shall bee then undetermined, may make their Applications to the Barons of his Majesties Court of Excheq[uer], who are hereby established a Court of Judicature, and sufficiently authorized to heare and determine all such Controversyes and Differences betweene the said Partyes in as large and ample Manner, to all Intents and Purposes, as the Judicature hereby established, might have done, and such Judgment Order, or Decree of the said Court of Exchequer, shall bee in all Things observed and bee effectuall, as if the said Barons, had been made the only Judicature by this Act.

XLV. Proviso for Lessees of the King of the said 10,000 Acres, and their Assignees, being chosen Governor, &c. and voting.

Qualification of such Lessees and Assignees.

Provided alwayes, and bee it enacted by the Authority aforesaid That the Lessees of the Kings Majesty his Heires and Successors, of the said ten thousand Acres, or of any Part thereof, and the Assignes of such Lessees, and every or any of them, shalbee capable to bee elected and chosen into the Office or Place, Offices, or Places, of Governor Bailiffs and Conservators aforesaid, and to vote in such Elections and Choyce, and in all other Matters, as fully to all Intents and Purposes, as any other Members of the Corporation, Owners of any Part of the said ninety five thousand Acres, may bee elected and chosen, vote in such Election and Choyce, or in any other Matter, so as such Lessees, and their Assignees respectively, have and bee Lessees or Owners of double the Quantity or Number of Acres, Parcell of the said ten thousand Acres, as by virtue of this Act is required, to qualify any Person, to bee elected and chosen into the Office or Place of Governor Bailiffe or Conservator respectively, and to vote in such Elections and Choyce, or in any other Matter, touching the said Levell, and soe as such Leases, or Assignements they clayme by, bee entred with the Register, Any Thing before in this Act to the contrary notwithstanding.

XLVI. Proviso for David Offley, Gentleman.

Provided alwayes, and bee it enacted by the Authority aforesaid That this Act shall not extend to impeach or make voyd any Obligation, given to David Offley Gentleman, conditioned for his quiet Enjoyment of a certaine Parcell of Land, purchased by him in the said Levell, but that the said David Offley may sue and prosecute his severall Action or Actions upon the said Obligation, as if bee had been evicted or removed from his Estate therein by due Course of Law.

XLVII. How far Breaches in Banks, Sluices, &c. to be made good.

In what Case Corporation not compelled to give Recompense.

And bee it further enacted by the Authority aforesaid, That if any Breaches happen in any of the Bankes, Sasses, Sluces, Tunnells, or other Workes, within the said Great Levell, or in any the Workes, made without the said Great Levell, for carrying the Waters of the said Great Levell, to their Outfall at Sea, by reason of some inevitable Accidents, the same shalbee repayred and made good in convenient tyme, by and at the Charges of the said Corporation, and their Successors, but no other Charge shall bee layd upon the said Corporation or their Successors for or in respect of such Breaches, nor for or in respect of any Breaches, that have happened heretofore in any of the said Bankes, Sasses, Sluces, or other Workes, nor shall the said Corporation bee inforced, to give to any other Person any Recompence for any Losse or Damage, which hath or shall happen, by reason of their making necessary and sufficient Bankes, for the defending of the said Levell, from being over flowne, and for the leading of the Waters of the said Levell in their Channells, as now they runne, unto their Outfall at Sea.

XLVIII. Proviso for Persona claiming under Francis Earl of Bedford, that have changed their Lands.

Provided nevertheles, and bee it enacted, That where any Participant under Francis Earle of Bedford, or the Heires or Assignes of any such Participant, hath exchanged his or their Share or Lott of the said ninety five thousand Acres or any Part thereof, for any other Lands, Parcell of the said ninety five thousand Acres, which were claymed and held under such pretended Sales, for Non payment of Taxes, since one thousand six hundred forty and nine, It shall and may bee lawfull, to and for such Participant and Participants, and his and their Heires and Assignes, to enter againe upon the same Lands, soe given in Exchange and to have and reteyne the same in his and their Possession, Any thing in this Act to the contrary notwithstanding, subject neverthelesse in all Things, to such Judgment and Determination, as the Judicature hereby construed, shall, make concerning the same

XLIX. Proviso as to Bounds of Parishes, and Rights of Tithes.

Provided alwayes That no ascertaining or dividing of the said dreyned, or new improved Lands by the said Commissioners as aforesaid, shall conclude the Kings Majesty his Heires, Successors, or Assignes, or any other Person or Persons, as to the Bounds of Parishes, to any other Intent or Purpose, then subjecting the same to Taxes and Contributions, and Episcopall Jurisdictions, and not as to the Right of Tythes, or any other Purpose whatsoever, nor shall bee, or bee used in Evidence concerning the same

L. Persons having Right of Common in Bedford Level, or others, breaking down Enclosures;

Penalty £20.; How to be levied and disposed of.

Provided also, and bee it further enacted by the Authority aforesaid, That if any Person or Persons, having a Right of Co[m]mon in any of the Mannors, Wasts, Co[m]mons, or Lands, within the said Great Levell of the Fenns, called Bedfored Levell, or any other Person or Persons whatsoever, at any time after such Division, or Inclosure made, or sett out as aforesaid, shall breake, throwe downe, disturbe, obstruct, or by any Meanes hinder, or lay open the said Improvements, and Inclosures, at, in, or after the making thereof, or the Hedges, Ditches, or Fences of the same, or any Part thereof shall destroy, and shall bee thereof convicted by two credible Witnesses upon Oath, before two Justices of the Peace of the County, where such Disturbance or Destruction shall bee made, Every such Person or Persons, soe convicted as aforesaid, shall forfeit for every such Offence the So[m]me of twenty Pounds, to bee leavyed by Distresse upon the Goods and Chattells of every such Offendors or Offendors, by Warrant under the Hands and Seales of the said Justices of the Peace, before whom such Conviction shall bee made, the one Moiety to the Informer, and the other Moyety to such Person or Persons, against whom the said Offence, is or shall bee co[m]mitted, or for Want of such sufficient Distresse, the Offendor, shall bee co[m]mmitted to the House of Correction or Co[m]mon Goale for three Monthes, without Bayle or Mainprize, at the said Justices Discretion.

LI. After the Year 1668, Taxes shall not exceed 2s. per Acre in any one Year on the 10,000 Acres vested in the King, or the 2,000 Acres vested in the Assignees of the Earl of Portland. Proviso for Abatement.

Provided alwayes and it is hereby enacted and declared by the Authority aforesaid That from and after the first Day of August which shall be in the Yeare of our Lord one thousand six hundred sixty and eight no Tax or Taxes exceeding two Shilling the Acre in any one Yeare shall bee assessed laid or leavied upon the said tenn thousand Acres by this Act vested in the Kings Majesty his Heires Successors and Assignes or upon any Part thereof or upon the two thousand Acres hereby vested in the Assignes of the said Earle of Portland but in case the Taxes to be assessed upon the said eighty three thousand Acres are hereby vested in the said Corporation shall not amount unto soe much in Proportion as two Shillings an Acre according to the Proportion for each Acre, then a proportionable Abatement shall be made out of the said two Shillings Acre which shall be charged yearly by an equall Rate upon every Acre of the said tenn thousand Acres and the said two thousand Acres according to the Rate imposed upon every Acre of the said eighty three thousand Acres whether the same shall be assessed by an Acre Tax or a Pound Rate or by any other Way Any Thing herein conteined to the contrary notwithstanding

LII. Acre Tax for the said 12,000 Acres not to compel or conclude Corporation to lay an Acre Tax on the said 83,000 Acres.

And it is further declared That the assessing laying and levying of Taxes upon the said tenn thousand Acres or upon the said two thousand Acres or any Part thereof after the said first Day of August which shall bee in the [said (fn. 12) ] Yeare of our Lord one thousand six hundred sixty and eight by the Way of an Acre Tax shall not extend nor be interpreted or construed to extend to compell or conclude the said Corporation to assess lay or leavy any Tax or Taxes upon the said eighty three thousand Acres hereby vested in the said Corporation or upon any Part thereof by the Way of an Acre tax.

ITEM quedā Petitiones privatas Personas concernentes (in se formā Actus continentes) exhibite fuerunt p[re]dicto Domino Regi in Parliamento p[re]dicto quar? Tituli subscribuntur.

1. An Act for setleing the Proffitts of the Post Office and Power of granting Wine Licences on his Royall Highnesse the Duke of Yorke and the Heires Males of his Body.

2. An Act for the setleing of the Lands of the Earle of Kent and the Lord Lucas on the Marriage of the said Earle with the Daughter and Heire apparent of the Lord Lucas

3. An Act for the setleing of a Free Schoole in Witney in the County of Oxon being erected and endowed by Henry Box Citizen and Grocer of London deceased.

4. An Act to enable the Bishop of Winchester to lease out the Tenements now built upon the scite of his Mansion House in the Parish of Saint Saviours in Southwarke in the County of Surrey and the two Parkes and other Demeasnes at Bishops Waltham and other Lands in the County of Southampton.

5. An Act for repairing and better p[re]serveing the Key of the Port of Wells in the County of Norfolke.

6. An Act for the governing of the Hospitall of St Oswalds in the County of Worcester.

7. An Act to enable Sir Francis Boynton Baronet and Richard Robinson Esq[uire] to sell certaine Lands of John Robinson Esq[uire] for Payment of Debts, and leasing of other Lands for makeing Provision for his younger Children

8. An Act for makeing void certaine Conveyances made by Carill Lord Mollineux in the late times.

9. An Act for setleing the draining of the Great Levell of the Fennes called Bedford Levell.

10. An Act to confirme a Deed made by Charles Pitcarne Esq[uire].

11. An Act for the Naturalization of Dame Elizabeth Jacob and others.

12. An Act for the Naturalizing of George Willoughby and others.

13. An Act for confirming an Act for naturalizing of Peter de la Pierre alias Peters and John de la Pierre al[ia]s Peters.

14. An Act for repaireing the Highwayes within the Countyes of Hertford Cambridge and Huntington.

15. An Act to enable Edward Marquesse of Worcester to receive the benefitt and proffitt of a Water co[m]manding Engine by him invented one Tenth part whereof is appropriated for the benefit of the Kings Majestie His Heires and Successors.

16. An Act for setling an Annuity of Three hundred pounds per Ann? upon Charles Earle of Portland, and for the benefit of Willoughby Whitlocke Bulstrode Whitelocke and Carleton Whitelocke Infants and for confirming of Agreements made to compose Suites in Law against them.

17. An Act for setleing the Charitable Gift of John Guest.

18. An Act to enable Sir John Packington and his Trustees to sell or otherwise dispose of certaine Lands for the payment of his Debts and raiseing Portions for his younger Children.

19. An Act to enable Edward Chaloner Esq[uire] to make provision for Anne his Wife and his younger Children.

20. An Act for the Naturalizing of Charlotte Hessen Killigrew and others.

21. An Act to impower Sir John Drake and others to make sale of Lands for payment of the Portion of Ellen Briscoe Widdow.

22. An Act to enable the Sale of some of the Lands of Richard Senior and Anthony Senior deceased for payment of some of their Debts.

Footnotes

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10 annexed in a separate Schedule.
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