Statutes of the Realm: Volume 5, 1628-80. Originally published by Great Britain Record Commission, s.l, 1819.
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Recital of 15 Car. II. c. 17.
Whereas by an Act made in this present Parliament entituled An Act for settling the Dreyneing of the Great Levell of the Fenns called Bedford Levell, It is amongst other Things enacted That the Governor Bayliffes and Conservators of the Corporacon in the said Act mensoc[i]oned and by vertue of the same from tyme to tyme to be elected and appointed for the time being or any five or more of them (whereof the Governor and Bayliffes for the tyme being or any of them to be two) should and might from thenceforth use the Power and Authority of Commissio[ner]s of Sewers within the said Great Levell, and from tyme to tyme lay and impose Taxes upon the nynety five thousand Acres within the said Levell, in the said Act mencoc[i]oed for the Maintenance and Preservacon of the same, as by the said Act appeareth And whereas since the makeing of the said Act, the Governor Bayliffes and Conservators of the said Corporacon in Execuc[i]on of the Power and Authority thereby to them given, have laid and imposed Taxes upon the said nynety five thousand Acres for the Purposes by the said Act specified and appointed, wherein they have proceeded by way of an Acre taxe at a certaine Rate by the Acre and have enforced the Paiement of the same after that Manner to the great Damage of [diverse (fn. 2)] the Adventurers and Participants, for that the said nynety five thousand Acres are not only much different in the naturall Richnesse and Barrennesse of their Soyle but likewise some Parts of the said Lands are by frequent Inundac[i]ons and otherwise exceedingly pejorated and made worse, and. the Corne Hay Seed or Grass thereupon often destroyed, yett the same Lands are equally taxed with the best and most secure Lands in the said Levell as [aforesaid (fn. 2)] the which said Way of raiseing Dreyneing taxes upon the said nynety five thousand Acres by an equall Acre rate hath been found to be inconvenient, and for removeing the said Inconvenience, the said Governor Bayliffes and Conservators have of late proceeded to a more indifferent way of taxeing of the said nynety five thousand Acres (that is to say) by a graduall Acre taxe of five Sorts upon eighty three thousand Acres Part of the said nynety five thousand Acres, and by a Medium of the twelve thousand Acres Residue of the said nynety five thousand Acres, And to the Intent that incouragement may bee given for the better improveing of the said nynety five thousand Acres, and that a constant and certaine way of taxeing may bee continued and established for the future Bee it enacted by the Kings most excellent Majestie by and with the Advice and Assent of the Lords Spirituall and Temporall and Co[m]mons in this Parliament assembled and by the Authority of the same That all Taxes hereafter to bee sett and imposed for the Maintenance and Preservac[i]otion of the said Great Levell are hereby appointed and declared to be from tyme to tyme assessed and, taxed by the said Governor Bayliffes and Conservators or their Successors or any five or more of them whereof the said Governor and Bayliffes for the tyme being or any of them to bee two upon the said eighty three thousand Acres Part and Parcell of the said nynety five thousand Acres by a graduall Acre tax of diferent Sorts and Values of Lands the which said graduall Acre tax sett as aforesaid and all future graduall Acre taxes to bee sett shall be received paid and leavied with like Penalties in the said recited Act provided for Non payment of Taxes by such and the like Wayes and Meanes as by the said recited Act are provided for to be paid and leavied, And the said eighty three thousand Acres for raiseing of Taxes for Support and Maintenance of the Great Levell are not to bee rated or assessed otherwise or in any other Manner then according to a graduall Acre taxe of different Sorts and Degrees, and according to the respective Values and Rates thereby sett and rated and to be sett and rated as is hereafter is appointed upon the said eighty three thousand Acres, taxe other Thing to the contrary thereof in any wise notwithstanding,
II. Whenever there is a Tax of £ 6,110. 7s. 1½d. upon the said 95,000 Acres, then the said 12,000 Acres to be rated at Fifteen-pence per Acre;
And whereas the said twelve thousand Acres Residue of the said nynety five thousand Acres are by the said graduall Acre tax towards the raiseing of the So[m]me of Six thousand one hundred and tenn pounds seaven shillings one penny halfe penny are rated and taxed at one shilling three pence p[er] Acre being a Medium as if the whole nynety five thousand Acres had been rated taxed and assessed at fifteene pence p[er] Acre Bee it further enacted by the Authority aforesaid, That when and soe often as a Taxe of the said Su[m]me of six thousand one hundred and tenn pounds seaven shillings one penny halfe penny shall be taxed and assessed upon the said nynety five thousand Acres, that then the said twelve thousand Acres shall be rated taxed and. assessed by the said Governor Bayliffes and Conservators and their Successors or any five or more of them where of the said Governor and Bayliffes or any of them to be two at fifteene pence the Acre and according to the Proporc[i]oon for the raiseing of any greater or a lesser Su[m]me then six thousand one hundred and tenn pounds seaven shilling one penny halfe penny to be received paid and leavyed together with Penalties in such and the like Manner as the Taxes sett and imposed or to be sett and. imposed upon the said eighty three thousand Acres are by this Act provided for to be received paid and leavyed.
III. Days on which Tax on the 95,000 Acres to be set.
And be it further enacted and declared by the Authority aforesaid That noe Taxes to be sett by vertue of this Act shall be sett or imposed upon the said nynety five thousand Acres by the said Governor Bayliffes and Conservators or their Successors or any five or. more of them, but upon Wednesday Thursday and Friday next after, the first Sunday in Aprill or some or one of them, three Days yearely for ever and not at any other tyme Any Law Custome or Usaged to the contrary thereof notwithstanding
IV. 15 C. II. c. 17. § 8. Days for Sales for Non-payment of Taxes appointed.
And whereas by the said recited Act it is amongst other Things provided That Sales for Non payment of Taxes shall be made at Ely upon Wednesday and Thursday in Whitson weeke yearely, the which Season is found to be inconvenient For Remedy whereof bee it further enacted by the Authority aforesaid, That from and after Whitson weeke which shall be in the Yeare of our Lord one thousand six hundred sixty eight those Dayes for Sales shall be altered and changed unto the said Wednesday Thursday and Friday after the said first Sunday in Aprill in every Yeare and all other Matters and Things concerning or relateing to Sales for Non payment of Taxes by the said recited Act provided are to stand in Force and to be observed with this that the Serjant at Mace of the said Great Levell shall from tyme to tyme by Precept under the Seale of the Corporac[i]oon of the said Great Levell in Nature of a Writt of Habere fac possessionē at Comon Law deliver Possession unto such p[er]son or p[er]sons as shall purchase any part of the said nynety. five thousand Acres for Non payment of Taxes, and the said Governor Bayliffes and Conservators are hereby required and authorized to affixe the Seale of the said Corporation from tyme to tyme to such Precept or Precepts at the Charge of the Parties requireing the same Any Law Statute Usage or Custome to the contrary thereof in any wise notwithstanding.
V. Names of the Surveyors who are to digest the 83,000 Acres into Seven Sorts;
And to the end that the said eighty three thousand Acres may be more equally rated by a graduall Acre Taxe not under the Number of seaven Sorts, Bee it further enacted by the Authority aforesaid That Edward Partheridge Esq[uire]: Samuell Fortery Esquire Richard Mariott Esquire John Myngay Jonas Moore Peter Diamond Esquires Anthony Hamond Esquire Mark le Pla Geñ and John Bridgeman junior Gent. or any three or more of them are hereby constituted and appointed to be Surveyors and Valuers of the said eighty three thousand Acres, and are within twelve Moneths next after the passing of this Act to digest the said eighty three thousand Acres into such Number of Sorts or Degrees of Land not under the Number of seaven Sorts and Degrees, and to rate and tax such Degrees and digest the same into Schedules in Writeing and make Returnes thereof upon their Oathes into the Fenn Office, the Forme of which said Oath shall be (vizt)
I: A: B: doe sweare That according to the best of my Skill and Knowldge, I will faithfully discharge the Trust of surveying sorting devideing and rateing of eighty three thousand Acres Parcell of nynety five thousand Acres within the Great Levell of the Fenns knowne by the Name of Bedford Levell according to seaven Degrees or more as I upon my Oath shall thinke most equall,
Returns made within One Month from Survey, and to be set up publickly in the Fen-Office.; Appeal to Commissioners; Names of such Commissioners; their Power as to Relief and Costs; Limitation of Appeal.; Schedules to form the Rule of taxing.; The 12,000 Acres how to be rated.
The which said Oath the said Governor Bayliffes and Conservators or any three or more of them are hereby authorized to administer and alsoe to allow unto the said Surveyors or Valluers such reasonable Charges for their Traill and Paines therein as they shall think fitt, and after the same are returned into the said Fenn Office and there publiquely sett up, which said Returne is hereby enacted to be made within one Moneth after the Survey taken and the severall Valuac[i]ons by the Parties to that Purpose by this Act: appointed and agreed upon, and all Parties agrived may take their Excepc[i]ons within thirty Dayes next after the same are sett up and within forty Dayes next after such Excepc[i]ons taken may appeale for Releife unto the said Governor Bayliffes and Conservators or any five or more of them [for (fn. 3)] altering the said Schedules in the Rates and Values complained off, soe as the Parties appealeing shall prosecute their said Appeale within the said forty Dayes, and not at any Tyme after, And in case the said Governor: Bayliffes and Conservators shall not within the said forty Dayes releive the said Parties grived or if the said Parties shall not bee satisfied with the Determinac[i]on of the said Governor Bayliffes and Conservators That then the [said (fn. 3)] Parties may appeale unto Sr. Henry North Barrt: Sr Levinus Bennett Barronett Sr: Robert Brooke of Yoxford Knight Sr: Edmond Pooley Knight Henry Williams Robert Apreece, Richard Nailer Houmphrey Orme, Morris Tresham Lawrence Oxborough Henry Farer junior Edward Barber Mathew Wren Thomas Marsh Henry Hitch D[oct]or: of Lawes Thomas Steward Anthony Fisher Mathias Tayler John Towers Esquires and Burrage Martin Gent or any three or more of them who are hereby constituted and appointed Comission[er]s of Appeale to heare and determine such Complaints and to give Relief therein as they shall see cause and to award Costs to either Parties as they shall see cause the which said Costs may bee recovered by Acc[i]on of Debt in any of his Majesties Courts of Record at Westmr: wherein noe Essoigne or Wager of Law shall bee [allowed which said Appeales to the Co[m]missio shall be (fn. 3)] duely prosecuted by the said Parties grieved within two Moneths next after the Expirac[i]on: of the forty Dayes and not at any tyme after, The which [said (fn. 3)] Schedules with the Alterac[i]ons if any shall be made by the said Corporac[i]on wherewth: The Parties shall rest satisfied or by the Determinacion of the said Co[mmissioner]s of Appeale are hereby confirmed and shall bee a constant Rule and Foundac[i]on for the rateing and taxeing of the said eighty three thousand Acres for the Future for Maintenance and Preservac[i]on of the Works, made and to bee made within or without the said Great Levell of. the Feñs And that the said Governor: Bayliffes and Conservators nor their Successors nor any of them shall taxe or assesse the said eighty three thousand Acres otherwise then by and according to the said Schedules to be returned or confirmed as aforesaid, And it is declared That the said twelve thousand Acres Residue of the said nynety five thousand Acres shall bee rated and taxed by a Medium towards all Taxes hereafter to be laid, as by the said Taxe made the said twentieth Day of June is provided, and not otherwise
VI. Tax of £6,110. 7s. 1½d. laid on the 83,000 Acres according to gradual Acre Tax.
And it is hereby further enacted That a Taxe of the said Su[m]me of Six thousand one hundred and tenn pounds seaven shillings one penny halfe penny shall and may bee sett by the said Governor; Bayliffes and Conservators or any five or more of them in Whitson weeke next upon the said eighty three thousand Acres according to the said graduell Acre Taxe of five Degrees upon the said twelve thousand Acres at fifteene pence p[er] Acre and for Non payment shall and may be levied by Sales on Wednesday Thursday or Friday, after the sayd first Sunday in Aprill then next following and that from thenceforth all future Taxes shall be laid and imposed upon the said eighty three thousand Acres by a graduall [Acre (fn. 4)] Taxe not under seaven Degrees and twelve thousand Acres in such Manner and Forme as by this Act is provided and not otherwise
VII. Recital that Samuel Sandys the elder had a Right to a Conveyance of certain Shares of Sir Miles Sandys the elder and others under an Indenture of 12th June, 1 Car. II.
15 Car. II. c. 17; The said Shares vested in Samuel Sandys and Edwin Sandys, Sons of the said Samuel Sandys the elder, free from Taxes to the Time of passing this Act; but liable to Debts, Jurisdictions and future Taxes, as herein mentioned.
And whereas Sr. Myles Sandys the Elder and Sr Miles Sandys the Younger were Adventurers and Participants with Francis late Earle of Bedford in the said Levell, and had an Interest in severall Shares Lotts and Proporc[i]ons in the said Great Levell, the Right Title and Interest in great Part of which said Shares and Lotts were as appeares by Indenture beareing Date the twelveth Day of June in the first Yeare of his now Majesties Raigne, made betweene Sr. Miles Sandys the Younger of the one Part, and Thomas Sandys Esquire and Robert Sandys Clerke, Humberston Marsh Esquire Samuell Spalding Gent William Wolson Clerke, and John Kirke of the second Part, and Samuell Sandys of Ombersley Esq[uire]. on the third Parte, setled in severall Trustees therein named in Trust for the Payment of all such Taxes as should be due, for or in respect of the said Lands mencc[i]oed in the said Indenture, and after in Trust for the secureing of the said Samuell Sandys Esq[uire] from all such Debts as hee the said Samuell Sandys stood engaged for the proper Debts of the said Sr. Miles Sandys the Elder, and Sr. Miles Sandys the Younger, since which said Indenture soe had and made the said Samuell Sandys the Elder has paid great Su[m]mes of Money for and towards the Satisfactc[i]on of the said Debts of Sr Myles Sandys the Elder, and Sr. Miles Sandys the Younger, and yett hath reaped noe Benefitt by vertue of the said Deed of Trust [soer] as aforesaid made for his Security although by an Act made by this present Parliament, entituled An Act for setling the dreining of the Great Levell of the Fenns called Bedford Levell, the said Samuell Sandys ought to have had a Conveyance of the Shares and Lotts mencc[i]oed in the said Indenture, but in. regard the said Samuell Sandys Esquire nor any in Trust for him could procure any Conveyance which hath proved very prejudiciall to the said Samuell Sandys the Elder, Bee it therefore enacted by the Kings most excellent Majestie, the Lords Spirituall and Temporall, and [the (fn. 4)] Co[m]ons in this present Parliament assembled [and by Authority of the same (fn. 4)] That all the said Lotts and Shares in the said Indenture mencc[i]oed [except only such Lands of the said Halfe Share as were really sold by Sr Miles Sands ye Elder or Sr. Miles Sands the Younger for full & valuable Considerac[i]ons (fn. 4)] and such of the said [two Shares which have (fn. 4)] been sould for the Payment of Taxes [or Debts (fn. 4)] in pursuance of the said Indenture by the said [Sr. Miles Sandys and the (fn. 4)] Trustees Partyes [to (fn. 4)] the said Indenture are hereby vested and settled in Samuell Sandys the Younger Esquire and Edwyn Sandys Gent Sonnes of the said Samuell Sandys the Elder their Heires, and Assignes [freed and discharged from all Manner of Taxes whatsoever to the time of the passing this Act (fn. 4)] And by the Authority aforesaid the Freehold and Inheritance of the said Lott[er] and Shares aforesaid [except before excepted (fn. 4)] shall bee deemed and adjudged to bee in the said Samuell Sandys the Younger and Edwyn Sandys, theire Heires and Assignes for ever, neverthelesse the said Shares and Lottt[er] hereby vested shall bee liable to [the Payment of the Debts aforesaid and to all Powers and Jurisdic[i]ons togeather with the Residue of the said nynety five thousand Acres as the same are subject & lyable by the said recited Act for the future and (fn. 4)] of all such Taxes and Penalties as shall be hereafter assessed or laid for the Preservac[i]on of the said Great Levell in such Sort and Manner as the eighty three thousand Acres Parcell of the nynety five thousand Acres shall be assessed and taxed, Any Law Statute or Thing to the contrary in any wise notwithstanding.
VIII. Sales for Non-payment of Taxes of those Lands void;
Provided alsoe and it is hereby further declared and enacted by the Authority aforesaid That all and every [of (fn. 4)] the Sale or Sales made [agreed or contracted for, for Non payment of Taxes (fn. 4)] of any of the Lands of the said Sr. Miles Sandys the Elder or Sr. Miles Sandys the Younger, or the said Samuell Sandys the Elder Esq[uire] by the Governors Bayliffes and Conservatots. constituted and ellected by Authority of an Act of this present Parliament intituled An Act for settling the dreyneing of the Great Levell of the Fenns called Bedford Levell to any Person or Persons whatsoever by vertue or colour of the said Act is are and shall bee null and void, and that the said Lands sould by the said Governors Bayliffes and Conservators [except before excepted (fn. 4)] are and shall bee vested and settled by this present Act in the said Samuell Sandys the younger and Edwyn Sandys their Heires and Assignes freed and discharged of and from all Taxes laid by the said Governors Bayliffes and Conservato Any Thing in the said recited Act to the contrary notw[i]th standing.
And to the end the said Samuell Sandys and Edwin Sandys may have the Effect and Benefitt hereby intended them and that the Occupiers and Possessors of the said Shares and Lotts vested in them the said Samuell Sandys and Edwyn Sandys as aforesaid may not by their continueing in Possession and Neglect of payeing the Taxes hereafter to be imposed on the said Shares and Lotts or any Part of them cause the same to be forfeited and sold for Non payment of the respective Taxes that shall become due for the same. Bee it therefore hereby further enacted by the Authority aforesaid That in case any Occupier [or (fn. 4)] Possessor of any the said Shares or Lotts in the said Deed of Trust mencc[i]oed as aforesaid or of any Part of them pretending to clayme under the said Shares or Lotts to them the said Sedwyn Sandys and Edwyn Sandys or there Assignes and shall not the said Shares or Lotts to them the said Samuell Sandys and Edwyn Sandys or their Assignes and shall not duely pay the Taxes hereafter to be imposed on the same before our Lady day one thousand six hundred seaventy one, That then the Serjant at Mace for the tyme being attending the said Corporac[i]on: is hereby authorized and impowred by Precept under the Seale of the, Corporac[i]on of the said Great Levell (who are hereby required to graunt and issue out the same) in the Nature of a Writt of Habere facias possessionem at the Common Lawe to deliver unto and put them the said Samuell Sandys and Edwyn Sandys their Heires or Assignes in the quiet and peaceable Possession of such Shares and Lott[um] or any Part of them, and all and every such Occupier or Occupiers Possessor or Possessors thereof, of and from the same to eject expell and amove They the said Samuell Sandys and Edwyn Sandys upon reasonable Notice first payeing or tendering such Taxes as shall become due for the same from the Tyme of the passing this Act one Moneth before the next Day of Sale for Non payment of such Taxes hereafter to be imposed, which said Samuell Sandys and Edwyn Sandys and their Heires are thereupon hereby actually vested in the same;
X. Recital that, by the Refusal of the Corporation to convey the said Lands, Rents had accrued due.
And whereas the said severall Shares and Lotts of the said nynety five thousand Acres herein before vested and setled in the said Samuell Sandys the Younger and Edwyn Sandys and their Heires as aforesaid ought to have been conveyed unto the said Samuell Sandy the Elder or his Trustees by the said Governor Bayliffes and Conservators of the said Corporac[i]on by virtue of the said before menc[i]oed Act, as in and by the same they were required and directed which they refused to doe, whereby the Rents Issues and Profitts thereof have not been paid to, nor could bee received by the said Samuell Sandys the elder or his Trustees or by any other by to or for his or their Use Bee it therefore hereby further enacted by the Authority aforesaid, That the said Samuell Sandys and Edwyn Sandys shall and are hereby intituled to the said Rents Issues and Profitts of the said Shares and Lott[er] since the passing of the said recited Act which have not really been paid to the said Corporac[i]on for Taxes or to the said Samuell Sandys the Elder and the Occupiers and Possessers thereof, are hereby appointed to pay the same accordingly, and in default of Payment thereof or of any prete thereof they the said Samuell Sandys and Edwyn Sandys are hereby authorized and impowered to sue for and by virtue of this Act shall recover the same wherein noe Esoigne Protec[i]on or Wager of Law shall be allowed, and shall likewise have their Costs of Suite expended therein Any thing herein to the contrary thereof in any wise notwithstanding
XI. Who are to pay thereout Arrears of the said gradual Acre Tax.
Provided alwaies and be it enacted That after the said Edwyn and Samuell Sandys shall have recovered and received Satisfac[i]on for the meane Profitts or any p[er]te of them, That then they their Heires and Assignes shall pay soe much of the [said (fn. 5)] Arreares of the said graduall Acre Tax imposed upon the said respective Lands proporc[i]onably to what they shall receive and noe more.
XII. Proviso for Thomas Lord Culpeper.
Provided alwaies and be it enacted by the Authority aforesaid That whereas severall Parcells of the said ninety five thousand Acres ought to have beene conveyed to Thomas Lord Culpeper or his Trustees by the said Governour Bayliffes and Conservators of the said Corporac[i]on by vertue of the said before recited Act as in and by the same, they were required and directed, which they delayed to doe, whereby the Rents, Issues, and Proffitts thereof have not beene paid to, nor could be received by the said Thomas Lord Culpeper or his Trustees, that the said Thomas Lord Culpeper and his Trustees shall and are hereby entituled to the said Rents Issues and Proffitts of the said Parcells since the passeing the said recited Act, which have not beene really paid to the Corporac[i]on for Taxes or to him or them, and the Occupiers and Possessors thereof are hereby required to pay the same accordingly, and in Default of Payment thereof or any Parte therof he the said Thomas Lord Culpeper and his Trustees are hereby authorized and impowered to sue for, and by vertue of this Act shall recover the same; wherein noe Essoyne Protecc[i]on or Wager of Law shall be allowed and shall likewise have their Costs of Suite. expended herein, Any thing to the contrary hereof in any wise notwithstanding.
ITEM queda Petic[i]ones privatas personas concernentes (in se formam Actus continentes) exhibite fuerunt p[re]dicto Domino Regi in Parliamento p[re]dicto quarum Tituli subscribuntur.
1. An Act for setling part of the Possessions of John late Earle of Clare deceased and enabling Gilbert Earle of Clare his Son and Heire to dispose of some other part thereof for payment of debts & portions
11. An Act for confirmation of the Settlement of Sir Kingsmill Lucy Baronet in the said Act menc[i]oned, & for transferring over some other parts of the Real Estate of Sir Richard Lucy Knt. & Baronet deceased from Francis Lucy Esq[uire].
12. An Act to confirm an Agreement between William Paston Esq[uire] Lord of the Mannor of Horton & the Tennants of the said Mannor for an inclosure of part of the Wastes of the said Mannor for the p[re]servacic[i]on & growth of Wood & Timber.
14. An Act for the better securing of a portion of 5000. (fn. 5) to & for the Lady Frances Savile an infant daughter of Thomas late Earle of Sussex deceased out of part of the Estate of James Earle of Sussex also an infant in pursuance of the Will of the said Thomas Earl of Sussex.