A Brief Relation by the Commoners in Lincolnshire, of their Legal Interest, and that nothing of Interest the Undertakers have in Law.  
The owners and Commoners in the Fens, between Bourn & Kyme Fae in the County of Lincoln, by reason of their Seniories, Resiances, and Inhabitants in the Towns, there, have time out of mind, without memory of man, taken all manner of profits arising out of the said Fens and Commons, both for sustentation of their persons and Common of Pasture for their Cattles, (as appurtenant to their Seniores and Resiances, and are, and ever have been (by Custom) charged by reason of their Seniories, with the repairing of many Drains, Watercourses, Banks, Sleuces, and Goats, for the bettering and making them so useful for them, and for watering several grounds in many of the said Townships, which they have been much interrupted in by several undertakers this twenty years in making of new works, a design continued at Court to deprive us of our ancient Rights, contrary and against the known Laws of the Land.  
1. By the 9 H. 3. cap. 15. no Freeman shall be distreined to make Banks, 
Magna Charta.  but such as were of old time and of right have been accustomed to make them in the time of K. H. our Grandfather.  
2. Also in the 16. Chap the same year provides that no Banks shall be defended from 〈◊〉 forth, but such as were in defence in the t●m● of 〈◊〉 our Grandfather, by the same places and bou●ds as they were in his t●me.  
By the 15. and 16 Chapters the Undertaker shall not tax me for any ground to make new Banks that before were not in charge.  
This is manifested to be the true meaning of Magna Charta by the succeeding Statute (viz.) the 25. and 45. Edw. 3. 21. R. 2. 1. H. 4. and especially the 12. of Edw. 4.  
By the 23. H. 8. chap. 5. the works and words mentioned in the 6. and 7. Chapters of the 12. Edw. 4. were united and knit up in one standing Commission, commonly called a Commission of S●wers, and all those words and works are subject to the Survey of the Commissioners mentioned in that Statute of 23. H. 8. But thereby the works and words mentioned in the 6. chap. 12. E. 4 are to be pursued as proper to the 6 H. 6. chap. 5. and the faults and words mentioned in the 7. chap. Edw. 4. are to be pursued according as is set forth in the 7 Chapter; for it is commanded by the said 23. H. 8. that the Justices shall do therein as to the King's Justices appertaineth, after the Laws and Statutes of our Realm, which includes the said 6 and 7. chap. E. 4.  

† Observe the Undertakers proceeded not by Jury, but by directions of the King's Letters.  The practice is, and aught to be by Jury thus; is there a Delinquent found by Inquisition upon the substance of the 6 chap. of Edw 4? Let the Commissioners proceed against him for the repair, or making new that which is so found to be hurtful in his default 
* They laid uncertain tax: upon no body: of purpose it might not be paid.  by a tax, assess, distress, or sale.  
Is there a Delinquent found by Inquisition upon the nuisance mentioned in the 7. chap. of Edw 4? Let them proceed against them by giving them by scire facies, half a years time to remove or correct the said nuisance as the Justices appoint upon pain of 100 Mark to be estreated.  
Thus you see the power of Commissioners by the 23. H. 8. chap. 5. is limited in matter of fact by the former intentions of the 6. and 7. chap. of E. 4. and they are limited in matter of form by the words of the 23. H. 5. which restrains them to do as belongs to the King's Justices according to the Laws, Customs, and Statutes of this Kingdom.  
Now if Commissioners of Sewers be tied to this matter of f●●t and form, examine how the Undertakers by their new Law can take our Inheritance, without our consent and li●ing, to make new Drains, Banks, and Goats, for the satisfying their own covetous desires, notwithstanding these limitations the innovating Undertakers would shelter themselves by wo●ds in the said 23. H. 8. viz. according to your discretions, and according to the Laws of Rumney-Marsh in that Statute expressed, implying by the word discretion, that they may do what they please; which gloss confounds the text, for such discretion is absolute and apparent indiscretion, not supportable by that Statute, nor any other Law, their discretions being to be guided by Law and Custom, as formerly expressed.  
And as concerning their imaginary proceed according to the Laws of Rumney-Marsh, that is most ridiculous; for I pray you observe the Charter granted the 36. year of H. 3. to the men of Rumney-Marsh, and you will find that nothing is granted, but what was time out of mind in use (excepting a restraint to the Sheriff for meddling with distresses.)  
Hereby ye see Custom time out of mind begets a Rule, and was the ground of this Charter, which Charter was the ground of the Commission of 42. H. 3. to Hen. Bathama, to survey the Walls and Water Courses, and to cause them to be repaired by these that are bound and charged with the reparation of them; here is nihil novi, but de novo, as accustomed to be repaired or new made, agreeing to Magna Charta above specified.  
Thus you see the projects of draining hath no foot hold or congruency with Custom, use, or any Law or word of Statute before recited, but is a mere Arbitrary proceeding against those Laws.  
They plead that they have laid out vast sums of Money.  
To this I hear some mak● 〈◊〉, 
Note that before the 43 Eliz. there was no general Act for draining. tyndall's, 4. Jac. was a particular Act, and there are some other particular grounds, whereby it is most certain that without a special direction by Statute, or without the power of the said 43. Eliz. no person is authorized by the 33. H. 8. chap. 5. or any other Statute to undertake that design, for if otherwise the said 43. Eliz. 
tyndall's, 4. Jac. and some other Statutes for Pl●●●steed Marsh, 23. Eliz. were to be judged Acts to no purpose made.   caveat Emptor, and that it is improper for him to expect a Parliament succour herein, when as he hath utterly waved and rejected the Parliament direction, which appears to be given him by the words of 43. Eliz. chap. 11. wherein all draynings are graciously provided for, both to the content of the Parties interessed, and also for the due and fit recompense to the Undertaker, he hath thus spurred against a Parliamental course, why should he now hope for a Parliament redress to maintain his Arbitrary Course, which will reach Hills and Mountains, when we have no more low Grounds left to satisfy their covetous desires.  
That abuses to the Persons, Goods, Lands, drains, Goats and Banks, I leave to the Expression of the several Petitions exhibited by them that are grieved and oppressed by the Undertakers.  
FINIS.