Page:Ruffhead - The Statutes at Large - vol 3.djvu/326

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278
C. 17. Anno declmo quinto Caroli II. A. D. 1663.

Money for perfecting the same; and after his Death and some Interruptions, William now Earl of Bedford. Son and Heir to the said Earl Francis, with divers of his Adventurers and Participants, by Colour of a pretended Act of Parliament of the nine and twentieth Day of May in the Year of our Lord one thousand six hundred forty and nine, proceeded in the compleating and finishing the said Works; and the Commissioners appointed by that pretended Ast: did adjudge the same drained; but the same cannot be preserved without a perpetual constant Care, great Charge and orderly Government, which being represented to the King's most Excellent Majesty that now is, He hath been graciously pleased to declare more than an ordinary Willingness to promote and countenance a Work of so publick Concernment, and many Ways advantageous to this his Kingdom: To the End therefore that a Work of this Nature may receive a publick Support and Encouragement;'

The Earl of Bedforod and Adventurers made a corporation for the Fens. Be it enacted by the King's most Excellent Majesty, with the Advice and Assent of the Lords Spiritual and Temporal, and Commons, in this Parliament assembled, and by the Authority of the same, That the said William Earl of Bedford, Son and Heir of the said Francis Earl of Bedford, and and the Adventurers and Participants of the said Earl Francis and Earl William, or either of them, their Heirs and Assigns, in such Manner as is herein contained, shall be a Body Politick and Corporate in Deed and Name, and have Suc- cession for ever, by the Name of the Governor, Bailiffs and Commonalty of the Company of Conserva- tors of the Great Level of the Fens; (2) which Corporation shall consist of one Governor, fix Bailiffs, twenty Conservators, and Commonalty, and shall have and use a Common Seal to be appointed by themselves, and assemble and meet together when, where, and as oft as they please, and appoint a Register, Receiver, one or more Serjeants at Mace and other Officers, and allow them Salaries, and remove them. and make new at their Pleasure : The Earl of Bedford Governor (3) And the said William Earl of Bedford is to be the first Governor; The Baliffs Richard Lord Gorges, Sir Richard Onslow Knt. Sir William Terringham Knight of the Bath, Samuel Sandys, Thomas Chichely and Samuel Fortrey, Esquires, the six first Bailiffs; Conservators Sir Gilbert Gerhard, junior, Knt. William Denton, William Crane, Edmond- Berry Godfrey, Arthur Evelin, Samuel Smith, Roger Jenings, Robert Castle, Robert Hampson, Joseph Aylosse, Esquires, Thomas Lord Culpepper, Sir John Hewett Baronet, Arthur Onslow, Robert Philips, Anthony St. John, Esquires, Sir Oliver St. John, Sir Charles Harbord, Knights, Francis Hablyn, Samuel Sandys, junior, and Robert Terringham, Esquires, the first Conservators; Their Power and authority (4) And the said Governor, Bailiffs and Conservators to continue until Wednesday in Whitsun Week in the Year of our Lord one thousand six hundred sixty and four, and from thenceforth until new Elections by the said Corporation, or the major Part which shrall be then present; and shall be capable to sue and be sued, and without Licence of Mortmain to purchase Manors, Lands, Tenements and Hereditaments, not exceeding two hundred Pounds per Annum, and Goods and Chattels, and to dispose thereof in the Name and to the Use of the said Corporation; (5) and the said Governor, Bailiffs and Conservators, or any five or more of them, whereof the said Governor or Bailiffs, or any of them, to be two, shall and may lay Taxes from Time to Time upon all the said ninety-five thousand Acres only, for Support, Maintenance and Preservation of the said Great Level, and levy the same, with Penalties for Nonpayment, not exceeding a third Part of the Tax, and all other Things do in Order to the Support, Maintenance and Preservation of the said Great Level, and Works made and to be made.

'III. And whereas by the said Law of Sewers, twelve thousand Acres, Parcel of the said ninety-five thousand Acres, was designed and intended to his said late Majesty, and were set forth and allotted by Bounds in Severalty, and his said late Majesty was in Possession thereof, and granted, assigned, allotted and set out by Bounds two thousand Acres, Parcel of the said twelve thousand Acres, by Letters Patents Earl of Portland 2000 acres, unto Jerome Earl of Portland, his Heirs and Assigns; of which said two thousand Acres, the said Earl of Portland hath sold away about one thousand five hundred Acres in several Parcels to several Persons, their Heirs and Assigns, for valuable Considerations, and the Residue thereof being about five hundred Acres, hath granted and conveyed unto his Brother Benjamin Weston, Esq; and his Heirs, upon several Trusts agreed upon between the said Earl of Portland and Benjamin Weston by writing for that Purpose:'

IV. Be it therefore enacted by the Authority aforesaid, That the said two thousand Acres, or such other Lands of equal Value as shall be set forth in Exchange of the same, in Case the aforementioned two thousand Acres, or any Part thereof, shall hereafter be adjudged to have been unduly set out, shall be and hereby are vested, settled and established in the said several and respective Persons, to whom the said Earl of Portland hath so conveyed or mentioned to convey the same, their Heirs and Afssigns respectively, to each Person, his Heirs and Assigns, his and their several and respective Share and Shares that was so respectively to each of them conveyed, or mentioned to be conveyed, by the said Earl of Portland, to be held and enjoyed by them and each of them, his Heirs and Assigns, his and their own Share and Part only in Severalty, according to the Intent of the said Conveyances thereof to them respectively made by the said Earl 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 Earl oi Portland and Benjamin Weston had declared and agreed upon between them as aforesaid; which said two thousand Acres shall be holden of the King's Majesty, his Heirs and Successors, of the Manor of Earl-Greenwich by Fealty only in free and common Socage and not otherwise, and subject nevertheless with the Residue of the ninety-five thousand Acres in equal Proportion to all Taxes and Charges necessary and conducing to the Preservation of the said Great Level from drowning.

The 83,000 acres settled and vested in the Governor, &c. V. And be it further enacted by the Authority aforefaid. That the eighty-three thousand Acres Remainder of the daid ninety-five thoudand Acres, with the daid Ways, Paddages, new Rivers, Cuts, Drains, Banks, 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 Posseffion, as aforefaid, are hereby vested and settled in the said Governor, Bailiffs and Commonalty of the Company of Conservators of the said Great Level of the Fens, and their Successors: In Trust. In Truft nevertheless for the said William Earl of Bedford and the Adventurers and Participants of the fsid Earl Francis and Earl William, or either of them