AT A SESSION OF SEWARS HOLDEN AT THE city OF ELY, the xxij. and xxiij. dayes of September, Ann. Dom. 1619. before the reverend Father in God NICHOLAS, Lord Bishop of Ely, Sr. MILES SANDYS, Knight and baronet, Sr. EDWARD RADCLIFFE, Sr. John CVTS, Sr. SIMEON STEWARD, Sr. RICHARD cox, Sr. WILLIAM WENDIE, Knights: John GOSTLIN Doctor of physic, Vicechancellor of the university of Cambridge, John CROPLEY, and henry SMITH, Doctors of divinity, John POPE Doctor of Lawe, henry Bing esquire, Mr. jerome Beale, bachelor in divinity, Daniel Wigmore Archdeacon of Ely, Robert Steward, Isaac Barrowe, daniel Goodricke, Peter Franckland, esquires; Rebert Clench, John Pepis, John Orwell, Simon Watson, and Henry Upcher, Gentlemen, Commissioners of Sewars amongst others assigned: It is ordered as followeth: viz. WHEREAS The Kings most excellent majesty, by his gracious Letters, dated at windsor the iiij. day of this instant month of September, directed unto the Commissioners of Sewars in the county of Cambridge, Isle of Ely, suffolk, norfolk, lincoln, Northampton, Huntingdon, &c. therein signifying, that Sr. WILLIAM AYLOFFE, Knight and baronet, Sr. anthony THOMAS Knight, with other their friends, at their own charge haue undertaken the great and worthy work, to drain the grounds surrounded with fresh or salt waters, in the several Counties of Cambridge, the Isle of Ely, norfolk, suffolk, lincoln, Northampton, Huntingdon, &c. whereby his majesty conceiveth, that a great and inestimable profit will arise to the kingdom, and that the said work will disburden the said Counties, and the Inhabitants thereof, from the taxes and charges now continually imposed vpon them, and will reconcile, and utterly take away all differences, and discontents heretofore arising about the levying of such taxes: Also signifying, that the said undertakers haue already concluded in point with his majesty, concerning the recompense for the draining his majesties lands, and the lands of the Prince his Highnes; And hath by his majesties said Letters, recommended the said undertakers, and their designs to the especial care of all the Lords, and other Commissioners of Sewars, for all and every the said Counties, requiring them to be aiding and assisting to them in the Contracts to be made with the Subiects according to Lawe; And that all persons should be respective, and conformable to that his majesties royal pleasure. AND therewithal, the right Honourable Lords, and others of his majesties most Honourable privy counsel, for further direction and instruction, haue also directed their Honourable Letters, bearing date at windsor aforesaid, the v. day of the said month of September, Wherein their Lordships for the better clearing of the said business, haue mentioned one chief purpose of the said undertakers, That they intend to begin their works at the Sea, and to open the out-falls of Neane and Welland, and make them navigable to the towns of Spalding and Wishich, which( their Lordships conceived) will take away all fear of turning the waters vpon any the neighbour-Countries, and draw the same into their true and natural channels, without any further trouble or inconvenience. For the readier, and more speedy execution whereof, their Lordships by their said Letters did likewise require the said Commissioners of Sewars, to observe well his majesties said gracious, and Princely direction. WHEREFORE We the foresaid Commissioners, at this present Session of Sewars, assembled in all humble obedience to his most excellent majesty, and dutiful observation of his majesties said royal pleasure; And being very forward and willing, to give all due respect to the right Honourable their Lordships instructions and commands; And also because the said undertakers this day repairing unto us haue declared, That their intent is so to drain the said fens and grounds, as that by their said works, and drainings, none in general, nor any person in particular, shall receive any hurt or prejudice. And that they will from time to time, maintain and secure the same so drained. And that they will not receive any recompense, but where through their industry an increase of benefit shall be raised to the owners, or occupiers thereof, and that after their works shall be perfected. And if any question arise whether any benefit be received in any particular by their said industry, it shall be decided by a sufficient and able jury,( to be name by the Commissioners of Sewars of the county of Cambridge now being) and inhabiting within the said county, or the greater part of them, for the county of Cambridge; and such jurors so nominated, and no others, shall be returned by the sheriff of the said shire. And if any like question arise for the Isle of Ely, it shall be decided by a sufficient and able jury, to be name by the now Lord Bishop of Ely, and such jurors so name, and no others, shall be returned by the bailiff of the Liberties of the said Lord Bishop, vpon evidence given on either side. And also that they will give such recompense and satisfaction to those parties that shall receive hurt or damage, by any of their said works, as the foresaid now Commissioners, or the greater part of them, for lands lying in the county of Cambridge; and the said L. Bishop now being,( for the lands lying in the Isle of Ely) shall think fit. And that at their own charge, they will make provision, that water shall be conueled, and stay at those towns( where water hath heretofore come, and stayed) for navigation and Transportation, and the Towneships afterwards to maintain it. And that they will better, and in no wise hurt, or impair, the navigation in the Riuers of grant and Owse. WEE( being desirous so excellent a work should haue all possible furtherance, as well in regard of the exceeding benefit which is intended, as for the encouragement of those persons that adventure great sums of money to perform the same) do order, decree, enact, and establish, as followeth: viz. THAT the said undertakers shall haue free consent and approbation of this Court, to proceed with their enterprise so soon as they shall think meet, We being determined to glue them all aid and assistance, which lawfully we may by authority of our said Commission: And that We shall also from time to time, assist and further them in the said Contracts, with the Lords, owners, commoners, and parties interested in the said fens and grounds, in all lawful manner, according to his majesties said pleasure, and their Lordships said directions, and according to such agreements and Contracts, as by the said undertakers with the Lords, owners, commoners, and parties interested in the said fens and grounds, shall bee made and set down. IT IS ALSO agreed, and so ordered at this Court, that the Tenor of this Order be published in all and every town, parish, Village, Mannor, or Lordship, within the county of Cambridge, and Isle of Ely, by the Lords of the manors in their Courts, leets, or Courts Barons next to be called, and by the Ministers of the Parishes in the Churches on this side, and before the fift of October next; to the end that all owners, commoners, and other persons interested in any drowned grounds, within the county and Isle aforesaid, having notice therof, may apply themselves with speed to repair unto the undertakers, or their assigns, abiding at the sign of the Bell at Ely, and at the sign of the falcon in Cambridge, for making and concluding their Contracts according to the true intent, and purport of this Order: That in default of such Contracts, this Court may( at the next Session of Sewars, which is to bee holden at Cambridge Castle, at eight of the clock in the forenoon, the thirteenth day of October next) take further order for the expedition of the preceding of the undertakers in their works, according to his majesties pleasure. MEMORANDVM, That it is not the intent and purpose of the undertakers, to alter or change the state of any Commons, but onely to haue such competent part thereof, to be set out in seueraltie to them, and their heires, as shall content them for their worthy work of dreyning the same, and the residue of every Common to remain in the same Condition,( to all intents and purposes) as now it doth.