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A80918 An exemplification under the Great Seal of England, of an ordinance of His Highness the Lord Protector by and with the advice and consent of his council, dated the 26th of May, 1654. Entituled, An ordinance for the preservation of the works of the great level of the Fens; which ordinance was confirmed by one Act and Declaration made in the Parliament begun at Westminster the 17th day of September, an. Dom. 1656. England and Wales. Lord Protector (1653-1658 : O. Cromwell); Cromwell, Oliver, 1599-1658. 1657 (1657) Wing C7085B; ESTC R229639 4,520 12

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pound for the Taxes unpaid and as well for the said Taxes as Penalty to Enter Seize and Sequester the Lands so in arrear for want of Taxes to and for the use of the said Earl Participants and Adventurers their Heirs and Assigns and the Rents and Profits of the said Sequestred Lands to receive without accompt until the said Taxes and Penalties shall be satisfied and paid And be it further Ordained and Established by the Authority aforesaid That the said William Earl of Bedford Participants and Adventurers their Heirs and Assigns or any five or more of them having the said Proportion of five hundred Acres shall and may use and exercise the same and like power for the making repairing and amending of any Banks Dams Sluces Sasses Drains or other Works made or to be made out of the Compass and Boundaries of the said great Level as they or any five of them do or may use or exercise in the repairing or amending of any Banks Dams Sluces Sasses Drains or Works within the compass of the said Level And be it further Ordained and Established by the Authority aforesaid That if any person or persons shall unlawfully cut cast down burn or destroy or other act do for the destroying of any Bank Dam Sluce Sasse Drain or other Work made or to be made which doth or shall conduce to the Draining of the said Level that in such cases the Commissioners in the said Act named or such as shall from time to time be nominated in their rooms by Act of Parliament or under the Great Seal of England according to the said Act or any three or more of them upon complaint and proof made before them of such unlawful burning casting down cutting or destroying or other act doing for destroying as aforesaid award double Damages to the said Earl Participants and Adventurers their Heirs and Assigns to be levied by distress and sale of the Offenders goods and to be imployed for and towards the maintenance of the said Works and for want of sufficient distress to commit such Offender or Offenders to the House of Correction there to remain until satisfaction be made and given of the said damages so awarded And if such cutting burning casting down or destroying shall be perverse and malicious the Offenders therein shall be adjudged Felons and be proceeded against and suffer such pains and punishments as those who shall perversly or maliciously cut the New Podick Bank in Marshland in the County of Norfolk Provided that all and every such Offender be prosecuted within four Moneths next after the offence commited And be it further Ordained and Established That the said Commissioners or any three or more of them are hereby impowred and authorized to hear adjudge and determine all matters and things for and concerning the disturbing the possession or possessions of any Adventurer or Participant in the said ninety five thousand Acres or any part thereof their or any of their Heirs or Assigns as also for and concerning all ways and passages used or belonging to any part or parcel thereof and upon judgement or determination given therein then to commit to the Common Goal all such person and persons who shall not be conformable thereunto there to remain until a conformity and obedience shall be given And the Sheriff and all other Officers and Ministers of Iustice and such as shall be concerned are hereby required to be aiding and assisting to the said Commissioners in what they shall do or command to be done or executed by vertue of this Ordinance and all and every person and persons concerned or to be concerned by this Ordinance or which shall do any thing in Execution of the same may upon any Action Suit or Information plead the general Issue and upon any Issue joyned may give this Ordinance in Evidence which shall be of equal force and validity as if the same had been especially pleaded And all Iudges Iustices Iurors and others are so to accept the same Provided that this Ordinance or any thing therein contained shall not extend nor be construed to extend to invalidate any Covenant Contract or Agreement made by the said Adventurers with the purchasers of any part of the ninety five thousand Acres or among themselves concerning the taxing not taxing or the maner of taxing of or concerning any part of the ninety five thousand Acres And be it further Ordained and Established That if any person or persons of a Forein Nation in League and Amity with the Commonwealth being Protestants shall become Purchaser or Farmer of any Lands part of the said ninety five thousand Acres the said person or persons their Heirs Executors and Administrators as to the said Lands and the Rents Profits and proceed of the same and all Suits touching the same shall be accounted free Denizons of this Common-wealth and enjoy the like Priviledges and Advantages for descent to their children Dower to their wives and otherwise as Denizons of this Commonwealth ought to enjoy Passed the Twenty sixth day of May One thousand six hundred fifty four I Henry Scobell Esq Clerk of the Parliament by vertue of a Writ of Certiorari to me directed and to this Schedule annexed Do certifie that the Writing above is the true Tenor of the Ordinance in the said Writ expressed In Testimony whereof I have hereunto set my Seal and subscribed my name this Fifteenth day of August in the year of our Lord One thousand six hundred fifty and seven Henry Scobell Clerk of the Parliament The several Tenors therefore of the said Writ Ordinance and Act of Parliament aforementioned at the Request of the said William Earl of Bedford We have caused to be Exemplified by these presents In Testimony whereof We have caused these Our Letters to be made Patents Witness Our Self at Westminster the Nineth day of September in the year of our Lord One thousand six hundred fifty and seven Lenthal Th. Examined by us William Glascock and William Harington Masters of Chancery in Ordinary 1657. LONDON Printed by HEN HILLS and JOHN FIELD Printers to His Highness the Lord PROTECTOR 1657.
AN EXEMPLIFICATION UNDER THE Great Seal of England OF AN ORDINANCE Of His Highness the LORD PROTECTOR By and with the Advice and Consent of His Council Dated the 26th of May 1654. ENTITULED An Ordinance for the Preservation of the Works of the Great Level of the Fens Which Ordinance was confirmed by one Act and Declaration made in the Parliament begun at Westminster the 17th day of September An. Dom. 1656. LONDON Printed by HEN HILLS and JOHN FIELD Printers to His Highness the Lord PROTECTOR 1657. AN EXEMPLIFICATION UNDER THE Great Seal of England OF AN ORDINANCE Of His Highness the LORD PROTECTOR By and with the Advice and Consent of His Council Dated the 26th of May 1654. ENTITULED An Ordinance for the Preservation of the Works of the Great Level of the Fens Which Ordinance was confirmed by one Act and Declaration made in the Parliament begun at Westminster the 17th day of September An. Dom. 1656. OLIVER Lord Protector of the Commonwealth of England Scotland and Ireland and the Dominions and Territories thereunto belonging To all to whom these presents shall come Greeting We have inspected the Tenor of a certain Writ of Certiorari lately issued out of Our Court of Chancery to Henry Scobell Esq Clerk of the Parliament directed together with a Return made on the back of the said Writ remaining of Record in the Files of Our said Chancery in these words Oliver Lord Protector of the Commonwealth of England Scotland and Ireland and the Dominions and Territories thereunto belonging To Henry Scobell Esq Clerk of the Parliament Greeting We willing to be certified upon the Tenor of a certain Ordinance made and Ordained by Vs and Our Council in the year of our Lord One thousand six hundred fifty four Entituled An Ordinance for the Preservation of the Work of the Great Level of the Fens which Ordinance by a certain Act made and Ordained in the Parliament begun at Westminster the Seventeenth day of September in the year of our Lord One thousand six hundred fifty six and then and there held and continued until the Six and twentieth day of June following and thence adjourned until the Twentieth day of January then next ensuing Entituled An Act and Declaration touching several Acts and Ordinances made since the Twentieth of April One thousand six hundred fifty three and before the Third of September One thousand six hundred fifty four and other Acts c. is amongst others confirmed Do Command you that the Tenor of the Ordinance aforesaid with all things touching the same you send to Vs in Our Chancery distinctly and plainly under your Seal without delay together with this Writ Witness Our Self at Westminster the Seventh day of August in the year of our Lord One thousand six hundred fifty seven Lenthal Th. The Execution of this Writ appears in a certain Schedule to this Writ annexed Henry Scobell Clerk of the Parliament We have also inspected the Tenor of the Ordinance aforesaid in the said Writ mentioned in a certain Schedule to the said Writ annexed remaining also of Record in the Files of Our said Chancery in these words In the Parliament begun and held at Westminster the Seventeenth day of September in the year of our Lord One thousand six hundred fifty and six and there continued until the Twenty sixth day of June in the year One thousand six hundred fifty seven and from thence adjourned until the Twentieth day of January next ensuing amongst other Acts made and ordained one Act was made Entituled An Act and Declaration touching several Acts and Ordinances made since the Twentieth day of April in the year of our Lord One thousand six hundred fifty three and before the Third of September One thousand six hundred fifty four and other Acts c. in which Act it is contained as followeth Be it Enacted by His Highness the Lord Protector and this present Parliament and it is hereby Enacted and Declared by the Authority of the same That amongst others one Ordinance also made in the same year One thousand six hundred fifty four Entituled An Ordinance for Preservation of the Work of the Great Level of the Fens shall be and are hereby continued and confirmed and shall stand and be in full force and strength to all intents and purposes Any matter or thing to the contrary notwithstanding The Tenor of which Ordinance follows in these words viz. WHereas by an Act of Parliament Entituled An Act for the Draining of the Great Level of the Fens extending it self into the several Counties of Northampton Norfolk Suffolk Lincoln Cambridge and Huntington and the Isle of Ely or some of them William Earl of Bedford Participants and Adventurers are thereby impowered to Drain the said Level which is done accordingly and so adjudged and to have for their recompence the proportion of ninety five thousand Acres which is also set out and Assigned In and by which Act there is not a full remedy made and provided to enforce the payment of Taxes which shall be laid and assessed in order to the preserving of the said Level For remedy whereof and also for providing of all ways and means conducing to the preservation thereof Be it Ordained and Established by His Highness the Lord Protector with the consent of His Council That upon any Tax or Taxes to be made or laid in pursuance of the said Act that it shall and may be lawful for any person or persons by any Warrant under the Hands and Seals of any five or more of the said Adventurers or Participants of the said ninety five thousand Acres having five hundred Acres apiece not onely to distrain upon the said Lands which are or shall be in arrear for such Taxes but in case of non-payment by the space of thirty days after the Tax so in arrear to sell the distress or distresses so taken and the moneys arising by such sale or sales to be imployed as well to the satisfying of such Arrears of Taxes as to the payment of two shillings in the pound for the Taxes so in arrear to the use of the said Earl Participants and Adventurers their Heirs and Assigns for defraying Charges occasioned in and about such Distresses and Sales rendring always the Surplusage upon such Sales above the said arrear Taxes and two shillings in the pound aforesaid if any be to the Owner of the Distresses demanding the same and where no sufficient distress or distresses shall be found after the said thirty days when any person shall come to distrain for such Taxes in arrear Be it Ordained by the Authority aforesaid That in such cases it shall and may be lawful to for the said William Earl of Bedford Participants and Adventurers their Heirs and Assigns or any five or more of them having the said proportion of five hundred Acres a piece to lay any Mulct or penalty for non-payment of Taxes so made or laid as aforesaid not exceeding the sum of three shillings and four pence in the