CERTAIN PAPERS CONCERNING The Earl of LINDSEY his Fens.  
In which is showed the Committees Advice to the Owners and Commoners friendly to agree the Differences between them and the Drainers, that an Act may be passed this next Term for the settling those Works, so beneficial to the Commonwealth.  
With a Paper Directed to Sir William Killigrew, and Signed William Howett.  
And also an Answer to that Paper by Sir William Killigrew.   

Committee for the Fens, 2 Aug. 1649.  
FOrasmuch as both Parties do desire to be satisfied the sense of the Committee at their last sitting, which was delivered verbally by me to this purpose, The Committee taking into consideration, that it was now Harvest time, did adjourn unto Michaelmas Term, and did desire in the mean time, that both Parties would meet and settle the differences amongst themselves, so as an Act may be prepared against the next sitting to pass the House: And that the Committee would move the House that satisfaction might be made to the Commoners for such grievances as shall appear to be just, out of the Lands Assigned to the late King, The Commoners and their Counsel there present expressing that the said draining was beneficial to the Commonwealth.  
Io. Goodwin.   

This following Paper was sent to Sir WILLIAM KILLIGREW  
We the Owners and Commoners in the Level of Fens between Bourne and Kyme-Eae, declare to Sir William Killigrew, and the rest of the Adventurers there upon the Motion of an Agreement by the Chaireman of that Committee of Parliament before whom their Petition depends.  
THat if We the Owners and Commoners which have formerly Petitioned the Honourable Parliament against the ilegall proceed of the said Adventurers, and fully proved our Petition before a Committee of Parliament, of which William Ellis Esq was Chaireman, and hath been a long time sit for a report, may without incurring the Parliaments displeasure (to whom we bear a tender respect, and would be loath in the least manner to disclaim their Justice) treat with the said adventures, and that the Parliament will admit them undertakers, with such of the owners as desire to drain their owneland, we who are content to admit of such undertakers as the Parliament shall commend to us, will treat with them upon such terms as may be most profitable to the parties interested, and for the advance of the public.  
At a meeting at Donington Aug. 27. 1649. I was desired by Charles Hussey, Robert Caudron, Thomas Hall, Esquires, William Trollop, Mathias Browne, Samuel Jackson, Gentlemen, John Hardwicke, Robert Hardwick, Richard Toller, Tho. Burton, and Obed Cust, to send this Paper unto you: Some Towns being absent at this meeting, and divers Owners there present, did desire me to take notice they did not consent to this Paper.  
WIL HOWETT.   

Sir WILL. KILLIGREWS Answer in the behalf of himself, and the rest of the maintainers, to the Paper he received from Mr. HOWET.  
THat the Owners and Commoners Petition above mentioned, (which they faith was fully proved at a Committee) we say was untrue and scandalous, and in no point proved, as touching the Undertakers proceed, which were by many Witnesses at the same Committee proved to be just, and legal; and those proofs do now remain in Master Ellis his hands, with all the Decrees made in that business: And we do further say, that the Owners and Commoners did not then, nor can now prove any of their unjust Accusations against the maintainers, nor was the cause so fully heard that Master Ellis can be capable to report it who had not any Vote or Authority from that Committee to make a Report, the said Committee being under Adjornment for some Months, during which Adjournment some of the Commoners, with those that now hold up this Contest against us, did reject the Justice of the said Committee, and Parliament, by destroying the Undertakers Works, possessing themselves of their Lands, and so became their own Judges while the cause depended: by which it appears, that their proofs then were not such as they now pretend, or durst then trust to: Nor was Master Ellis then fit for a Report of the cause as now they say he is; and that Committee being now nine years elapsed, He is less fit to make 2 Report.  
To the next part of Master Howetts Paper we answer, That by the Authority of a Grand Commission of Sewers, we are Undertakers indisputably by the known Laws of the Land; and that the Parliament hath admitted us Undertakers, in their Order to this Committee; and the Committee have recommended to the Owners and Commoners, with their Counsel at the Bar, this Treaty with us the Undertakers, and Adventurers with the Earl of Lindsey: Which now it seems those Owners and Commoners will not allow of, unless themselves may become (after the work finished upon our particular charges) joint undertakers with us; without which they will not treat of any Agreement; Wilfully mistaking the intent of the Committee, which was, that we should Treat of satisfaction to be made by both Parties, for the Injuries complained of on both sides. We expected to hear of some Demands to repair the Losses and the great Damage by us done to the poor Commoners, by our illegal proceed (as they say) and they give us only a Demand that some of those who have against all Law and Equity destroyed our Works and Possessions should now be admitted maintainers with us; as if that would cleanse us from guilt, if we were guilty, and fully satisfy the injured Commoners, if they were injured. 'tis indeed a very modest demand, that those our Destroyer's may now be Undertakers with us, to Drain what we have already drained; They have torn our Coats from our backs, and would now have a large share of our Coats to help us mend what they have torn; this were an excellent Precedent to encourage the like Impiety, and a pretty way to incite any multitude to rob any man of his rightful inheritance: for so they have used us by pulling down our houses, by destroying the corn, and ruining those public works.  
Thirdly, to let the world see, that a few men's ingratitude, who appear at the Committee against us, shall not have power to alter our intentions to give all just satisfaction to the Country, who have been generally misled, and misinformed by some uncharitable guides, who hope to bear out their own guilts by the poor Commoners innocency; We say, that if the poor Commoners do desire our Friendship, we will forget and forgive all our Losses, and Injuries by them done to us, as by men misled; (and if the generality of the Country do desire it,) we will admit such of the Lords and Owners as they shall nominate, and the Parliament allow of, to become Undertakers, and Adventurers with us in our second Level not yet finished; or if they like better, we will remit unto them the whole undertaking of that Level not yet finished, so we may have a part proportionable to our Charge already expended to wards that Work, for we are willing to satisfy the Country any way we can. But 'twere a madness to speak of admitting any of them Undertakers with us in our first Level, long since Drained at our own Charge, and all those Lands of ours, long since disposed of to such men as have paid more for the Purchase, than any of the Lords or Commoners will now repurchase them at.  
Fourthly, since they do reject the Committees advice, to Treat of an Accommodation with us the Drainers, for wrongs alleged to be done on both sides, and do not accept that gracious proffer of the Committee, to bestow the King's Lands on them; We shall be humble Suitors to the Committee, to become Suitors to the Parliament, that those Lands may be allotted to repair the Works for the good of the Commonwealth; and let our Lands be liable to make a just satisfaction for all the wrongs by us done to the Country: for our Adversaries will find that we do not value those Clamorous Scandals they vent against us; And we do Declare, that 'tis no dread of any guilt, that moves us to embrace a Treaty with them, but a real desire to gain the Country's Love, that we may live like Christians together; which some men for their own guilts do hinder, others for private ends, and their particular profit do oppose. For when those Papers, and those Decrees in Master Ellis his hands shall be delivered into the Committee, our Adversaries Ingratitude and Impudence will blush for calling us Projectors, and Oppressors of the Poor; By which Papers we say it will appear, that we are as innocent from the first guilt, as they alone guilty of the last: Who do eat out the poor Commoners with their great Stocks; and do now gather the poor men's money to maintain their own oppressions on them, to the discontent of the major part of the Commoners, who say they date not complain for fear of more and more oppression from their rich Neighbours, who do make them pay equal charge for repairing and maintaining the Drains, though they have no benefit by the Commons, as will be shortly proved: And no doubt the poor Commoners will be relieved, when their Cause is known in Parliament, and their Commons be stinted for the future benefit of the poor, in case they do desire it.  
Fiftly, lest some of our Adversaries do not know, and others have forgotten upon what terms we became Undertakers, 'tis thought fit we put them in mind, that in Master Ellis his hands doth remain the Country's first invitation to the Earl of Lindseyes' undertaking this work; which clears the Earl from being a Projector as they allege.  
Sixtly, It will also appear by the Records of Sewers in Master Ellis his hands, that this Contract for the draining was above three years in agitation after the Tax of 13 s. 4 d. was laid on the Fens, by 35 Commissioners, the prime Gentlemen of that Country; for 'twas three years after this taxing, that the bar●●ine was completed with the Earl by 32 Commissioners, and this done with the general applause of a great assembly of Commoners then present, who wrought in the said works above two years, and were enriched by our monies; and in all this time, no word of any dislike to the Earls undertaking; which shows that the people were not displeased with the Draining, nor did then think it a Project.  
Seventhly, it will appear by the writings with Master Ellis, that Sir John Brooke, since Lord Cobham, and Sir Edward Hern, did become purchasers of their own. Fens, at forty shillings the acre, which was the price offered by the Earl to the whole Country, though Master William Langron, with them two before named, did only value those lands, in those days so much worth, by reason of the charge, and hazard in Draining; and by the Dates of their Bills of Adventure, it will appear they became Adventurers five years after their first Tax, and above two years after the Contract was made with the Earl; so they could not be parties interessed, and Judges at making the Contract for the draining, as our Adveriaries do maliciously aver against their own Consciences. Thus clearly we can confute all the roast of their Clamours against us; and so doing we have no doubt but the Parliament having lately settled Bedford Level by an Act, which is a work yet to do, they will also settle Landsey Level, which is a work done; and the best work of that kind that was ever yet done in this Land; all the Earls proceed in the work being after the Example of former Draining heretofore encouraged, and settled by former Parliaments; and the same with the Earl of Bedfords, which is by all past Parliaments, and by this Parliament, allowed to be greatly beneficial to the Commonwealth: hoping also that the Parliament in their Wisdoms will not permit our Adversaries (by giving us the Title of Delinquents) to eclipse our good deserving in the Undertaking, and accomplishing so great and beneficial a Work for the Commonwealth, as we have done by this draining: and also will take into Consideration, that the Profits of our Lands for these last nine years ought to have been sequestered to the use of the State, and not imbeseled to the particular Interests of a few rich men; and also will look on us with equal favour; because after our Compositions made, and upon our good behaviour since, all occasion of that advantage to call us Delinquents, is clearly taken off. We do therefore Declare to our Adversaries, who reject a Treaty with us, that we do wholly rely on our just cause, and the Justice of the Parliament, to restore us, and repair us, that have done the Commonwealth so great a Service by this draining. Yet not withstanding all the asperity that has passed between us and some of the Owners and Commoners, we are still so well-affected to them, that if all the Lords, Owners, and Commoners shall think fit to meet us with the like Affection, and come to a friendly Agreement with us, before the next day of Hearing, we will give them full satisfaction for any Injuries we have done them, and will forgive them all Injuries by them done to us: and will remit unto them all the Melioration we are to have out of their severals, which is like to be a fifth part of our Contract, and our right, beyond Contradiction. And we think this a sufficient expression of our Affection to the Country, who know no guilt to make us dread their displeasure and yet do seek to purchase their loves at so dear a rate.  
WILL, KILLIGREW. Peterburrow, the last of Aug. 1649.  
FINIS.