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 26^th 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 17^th 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 Pro­tector2 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 to3 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,4 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 always5 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 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 great6 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 New7 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 or8 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 Common­wealth, 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.

9The 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.

Examined by us William Glascock and William Harington, Maſters of Chancery in Ordinary, 1657.