Sr. William Killigrew HIS ANSWER TO THE fen men's OBJECTIONS Against the Earl of Lindsey his Drayning in Lincolnshire. Printed at London, 1649. The fen-mens' Objections against the Earl of Lindsey and his Participants. FIrst, Our Adversaries do object, That some Commissioners who are named in the body of the Decrees; have not set their Hands and Seals unto the said Decrees, being engrossed into parchment. 2. They say, The Earl did bribe the late King and his Lords, to take away their fens. 3. They say, The Earl did drain these Fens by prerogative power, by the King's Letters, and by the Lord's Orders. 4. They say, That the ancient Commissioners of the Country were put out, and Strangers put into Commission. 5. They say, That the drainers were parties, and judges. 6. They say, That the Fens, in question, were not drowned, and did therefore need no draining 7. They say, That if the fens did need to be drained? yet not by such Malignants as we. 8. They say, That the Earl did undertake the work against the country's consent. 9 They say, The Earl did take the best land, and left the worst land for the Country. 10. They say, That the fens between Bourne and Kimeeae are the worst for draining. 11. They say, That Kesteum side is drowned by the bank of our great River, which doth secure our own lands, and doth thrust up the waters on the land left unto the Country. 12. They say, That the Earls banks do cut off the ancient Sewers of the Country, which otherwise would have drained their fens. 13. They say, The Earl took possession by force of arms, and kept possession by Troops of Horse, by great Guns, and by murdering the people. 14. They say, That the Commonners were imprisoned by the Lord's Orders. 15. They say, That the Country was denied the benefit of the Land by the Earl's privilege of Parliament. 16. They say, That this Parliament hath declared against the draining of Fens as a grievance to the commonwealth. 17. They say, That Sir Robert Barkham's case was judged in Parliament against me. 18. They say, That the Earl and his Participants have drained the dry Fens towards Bourne, and not meddled with the drowned Fens towards Lincoln. 19 They say, That the Country was defrauded by the Commissioners, who sold the Earl too much Land by his Contract. 20. They say, That the Earl hath taken more Land than was allotted him. 21. They say, That the Earl hath exchanged certain Lands, which the Country will not allow of. 22. They object, That the drainers have fought against the Parliament. 23. They say, That my Father Sir Robert Killigrew, did by his Will dispose of two hundred Acres of these Fens to his two younger sons, before the Earl's work was begun. 24. They say, That I was nominated an undertaker with the Earl, and did relinguish my right. 25. It hath been also objected, That the Countess of Exeter hath the Brovage on many of the Fens in question, and doth conceive her Interest to be prejudiced by the draining. 26. It hath been also objected, that the Earl did give to Mr. Robert long 500.l. a year to manage his work. 27. They do farther say, That the Earl did smother a Verdict, by which the jury found, that the Fens in question, were not surrounded. Sir William killigrew's answer unto the fen-mens' Objections, at the Committee for the Earl of Lindsey his level, concerning the matter of Fact. Mr. Goodwin, I Suppose our council hath fully showed, that we do claim our title to the Fens in question, by the authority of the decrees of Sewers, read before this honourable Committee, and remaining before you: And have fully proved those decrees to be according to the directions of the Laws and Statutes of this Land, and according to the precedents of former times, for works of this kind: And by those Decrees, 'tis evident, that our contract was legal, and that we have performed our works according to our contract; by which we have brought honour and profit to this Nation: And I say this, lest by any witty exposition, the letter of the Law should be now construed to a different sense from what those times understood it; by which this letter of the Law, may now prove a mote point, that was then clear. If so, we hope that equity will take place; for it concerns every man that hath an estate as well as us, that all equity be not devoured by the strict letter of the Law, and chiefly in such cases of profit to the State; where the law is doubtful or short, it is proper for the Parliament to take care in equity; and in our case the royal assent being had to our Decrees; the words of the Statute are, That the Parliament only can repeal them. And to the Parliaments order we do as gladly submit, as our adversaries would willingly decline. In the next place I observe, that our opposers do endeavour to blast the credit of our just title of right, by pretended miscarriages in the matter of fact, in those that managed this business for the Earl of Lindsey; and by throwing several scandalous aspersions on the persons of the drainers, which makes me think it very necessary to give the Committee such answers to our opposers objections, as I hope will vindicate the Earl and his Participants from being guilty of any wilful crimes, or from any mistakes of consequence, or any project, or any thing like a project. For 'tis evident, that the Earl did undertake this dreyning at the suit of the Country (as appears by Sir Anthony Erbyes and the other Commissioners Letter to the late King) and in pursuance of many ancient Records of that County, showing him the endeavours of their Ancestors to have drained the same Fens, by new works, by general taxes, in the same method, and in the same places as he now hath done, which was never heretofore blemished with the name of a project; and all this grounded on several invitations of former Parliaments to encourage private men to undertake those public works, which this present Parliament hath also approved, by settling of Bedford level by an Act, and therefore we hope, that we having walked in our Predecessors steps, by the advice of learned men in the laws of Sewers; and having brought our works by a great charge and hazard, to the highest perfection of any such works in this Nation, we shall have the protection of this Parliament, since in their wisdom they have thought fit to settle Bedford level. 1. Our Adversaries do object, That some Commissioners who are named in the body of the Decrees, have not set their hands and seals unto the said Decrees, being engrossed in parchment. We answer, That when a great number of Commissioners, have unanimously made a Decree, and the Clerks books perfected, it is the constant use when the Sessions is ended, for the Commissioners to go home, and for the clerk of the Sewers a week, or a fortnight after to engross the Decrees in Parchment, and then to ride unto the Commissioners houses that made the Decrees, to get their Hands and seals; and having such a number as the Law requires, being fix, the clerk doth not trouble himself to ride over the whole Country to have every Commissioners hand that made the Decree; nor is it necessary for all to sign, it is enough that their names in the body of the Decree do show it to be their Act. And if one man, or more, should dissent, they are included by the major part, so that the major part be a number warranted by the Statute: If any doubt be made of this, we do undertake to prove it all. 2. They say, The Earl did bribe the King and his Lords, to take away their Fens. We answer, That the Earl might dispose of his Lands as he pleased, whether he gave them, or sold them, I conceive concerns not the draining, nor those that adventured with the Earl, if any injustice was done for bribes, let that appear, and let them that did it answer for it. 3. They say, The Earl did drain these Fens by Prerogative Power, by the King's Letters, and by the Lord's Orders. We answer: That the Earl and we do claim our Interest by the laws of Sewers, as by the Decrees before you is proved, and do disclaim all Title, or Right, by any Prerogative Power, and do say that the King's Letters did only excite the Commissioners to proceed in a public good work, which was his duty, as it now is the Parliaments, to further such a beneficial undertaking, to enrich the State; and we say those Letters did but recommend the Earl to be the undertaker, but did not enjoin the Commissioners to accept him. We further say, that by the date of all the Lords orders, those from the Star-Chamber, from the council-table, and lastly, from the Parliament, it doth appear that no such order These Orders were after the Earl had possession. was used by the Earl to procure the draining, but to preserve the works doing, and done. The first order was long after the work was begun, and others after the Earl had possession, to preserve corn from being destroyed, and houses from being pulled down, and to deter such rioters. See the Orders and the Letters, and observe their Dates. By all this, we conceive it is clear, that the Earl did not force the country to consent to draining, by Prerogative Power, as is alleged. 4. They say, the old Commissioners of the Country were put out, and strangers put into Commission. We answer: That the Commission used of course to be renewed every three, or five years: And it was at the Lord keeper's pleasure to change the Commissioners: And it was just and reasonable to put the chief of the drainers into the Commission, who were become a part of the Country by that interest: And we further say, that the Lord Keeper might be informed by the Earl, that some eminent men of the Country, who at first did seek to advance this work, were turned against it, because they could not have such shar●s in the adventure with the Earl as they desired, or for some other private grudge, which we conceive a just cause for the Lord Keeper to leave out such as would hinder a public good for private ends: And we further say, that it is likely that some did desire to be put out for their own case, which is very usual; however, it is evident, there was no evil intended by altering the Commission, because there are above two hundred able and sufficient Gentlemen (most) of that Country in the Commission, See the names in the Commission. by which authority, the Earl's contract was made with the Country; and but two strangers, who could not overrule that great number, to prejudice their own Country by any unjust act. 5. They say that the drainers were Parties and judges. We answer: That when the Tax of 13s. 4d. was laid on every acre drowned, there could be no parties, because the Earl had no interest, nor at making the contract of 24000 acres, until it was made, the Earl had no interest; and then, of them that did make that contract between the country and the Earl, there was only two that had any relation to the Earl; for the now Lord Cobham, Sir Edward Heron, and Mr. William Langton, did some years after his Decree, become purchasers of their own Fens, at 40. an Acre, at which price those lands were publicly offered to any of the country to adventure for, and only these three Gentlemen did think those drowned lands to be so much worth in those days. The dates of these three gentlemen's deeds will show how long after the contract they became Purchasers, and therefore cannot be justly called Judges and Parties at the making of the Contract, or laying the Tax three years before the Contract was made: Nor can Sir Peregrine Bartu, nor Mr. Long's sitting on the Bench, (who were the only two that were afterwards concerned in the Earl's interest) be reasonably thought to overrule the other thirty Commissioners that did make the Decree of Contract, See the Law of the Contract. where the words are that no one man did dissent. 6. They say, That the Fens in question were not drowned, and therefore did need no draining. We answer: That by several Records of that County now in Court, it appears that the Fens in question have been ever hurtfully surrounded with waters; and that it hath been for some hundreds of years the constant endeavours of the Commissioners of that Country, and of many other eminent men, See the Books. to have drained the same Fens, in the same manner, and by new works in the same places where the Earl hath made his drains; It doth also appear by our adversaries books lately printed, and distributed to the Members in Parliament, that a little before the Earls undertaking, the Country did proffer Sir Anthony Thomas, and Sir William Aylisse, a fifth part to drain these very Fens in question, and that they demanded a fourth part, by which it appears that these Fens were drowned, and that the Country did desire to have them drained, and was sufficient argument to persuade the Earl to undertake the work, and therefore no Project, and may satisfy all indifferent men, that the Earl had no Prerogative Power, nor needed any; nor Lord's Orders to force the Country to a compliance with him: See their printed Books. It also appears by our adversaries other printed books, distributed to the Members of Parliament, that our opposers themselves do desire to become drainers of the Fens in question, by all which, it is evident that these Fens did require draining. 7. They say, That if the Fens did need to be drained, yet not by such Malignants as we. We answer: That when we became drainers, there was no cause to call us so, and we were fit to be drainers, because in those days none in the Country did understand the Art of draining, which is evident by the unuseful drains of the Country, before the Earls undertaking, and by their wilful and ignorant cleansing of their old crooked drains this last year, hoping by so doing, to have showed the world that our works were needless, to which end they have to this day damned up the Earls great Rivers, and by so doing, have now drowned all the Fens, to the great damage and discontent of the Country, as appears by the presentments of Sewers this last Summer, in which those dams are presented as common nuisances, and are ordered to be taken up, but yet do still remain, and do keep the Fens drowned, by which it seems our opposers did not formerly, nor do yet understand draining, and therefore not so fit to be drainers as the Earl, See the Presentments in Court. by whose works the Fens were kept dry, until they maliciously destroyed them, on purpose to drown what he had drained. 8. They say, The Earl did undertake the work against the country's consent. We answer, That the Contract was made by 32. Commissioners, many of them Lords and owners of the said Fens, and this at a public Session of Sewers in Sleaford, in the presence of many thousands of the people, all hearing the Contract debated openly in the Church, because the great Hall could not receive the Assembly, and the people did express much joy to have the Earl undertake it, and did unanimously work in his drains, See the several Pettions from the Country in the drainers behalf which lie before you in Court. and hereby enriched themselves, nor was here any appearing dissent in the Country, until our Adversaries persuaded them, that they might have all the Earls Lands for asking. 9 They say, The Earl did take the best Land, and left the worst for the Country. We answer, That by the Map it will appear, that the Earl hath allotted to him that Land which was worst, the lowest, and most drowned, the very Pan of all the Fens, and lieth most remote from all the Towns, so that if those Lands that were worst, be now become best, it is a good evidence, that the Earl hath done his work well; for the truth is, those worst Lands which were ever drowned before the draining, are by our works made good winter Corn Lands; And yet to let the world see how unjust this complaint is, the Earl did offer the Country to exchange all his Lands for so much of theirs; and they refused it, at a full hearing in the Lord's house. The truth is, that the wit of man cannot set out the Earl's proportion in any other place so profitable for the Country. 10. They say, That the Fens between Bourne and Kime-eae are the worse for draining. We answer, That those Fens are improved by draining from 2s, 3s, 4s, an Acre, to 8s, 10, and 13s. the Acre, as appears by testimony before this committee. We say also, that the Earl did at a hearing in the Lord's house, offer the Country to become Tenant to the Country for all the remaining Common, at 10. the Acre, which they refused, and by all Records, as well as by several testimonies it appears, thoso Fens were not worth a forth part so much before the draining; therefore now improved to the great advantage of the Country. 11. They say, That Kesteven side is drowned by the bank of our great River, which doth secure our own Lands, and thrusts up the waters on the Land left unto the Country. We answer, That if Kesteven side, or any other Fens in the Earls Level, do lie forty days under water, the Country may re-enter on all his Lands, for not performing his Contract with them. And for the bank of the complained of, it is true, that when that River is full upon great sudden Floods, that bank doth thrust up the waters upon the edges of the Commons next to the River, more or less, as the Floods do happen, but when the I'ide turns, within few hours, that water is carried off again; but suppose the waters should upon very great Floods in winter, be thrust up by this bank over half the Commons on Kesteven side, for some hours, or some few days, 'twere no harm to the Commons, nor breach of Contract in the Earl, unless the whole Commons do lie forty days under water, than we confess they may re-enter, and we do refer ourselves to the Earls Contract for this particular; It is worth the noting: that they say, this bank, complained of, doth preserve our own Lands dry, winter and summer against all Floods (and we acknowledge it doth so) and do answer, that all Holland Fens, which do all lie behind our lands, are as well secured by this bank, complained of, as our own Lands are, for when the waters shall break over this bank, it must run over all our Lands before it can come into Holland Fens; so that those of Holland, who are our chief opposers, ought not to complain; nor have those of Kesteven any cause, since we have performed our Contract with them; and over performed it with those of Holland: But the business is, they do all grudge to see the drainers Lands bear winter Corn, and Rape-seed, hemp, and Flax, and will not allow us to improve our enclosed Lands above the Commons, which is very unjust, for it those of Kesteven side do please, they may enclose one half of their Commons into small parcels as the drainers have done; and those of Holland may inlose all their Commons, and be as dry as our Lands are, but this subdivision of their Commons is no part of the Earls Contract; we desire the Contract may be strictly observed, and it will appear that the Earl hath overdone his work, rather than been short in any part of it; and no man injured by it, but those that complain most have most benefit. 12. They say, That the Earls banks do cut off the ancient Sewers of the Country, which otherwise would have drained their Fens. We answer, That if their old drains could have drained them, how came the Country to lie drowned, so many hundreds of years? and how came we to find so many Records extant, that show several attempts to have drained the Fens in question, by new works, if their old drains would have done the work? We do acknowledge, that our great River doth cut off all those old country drains, on Kesteven side; which ever did, and still do bring down the rain waters from the high Country into the Fens, by which the Fens were always drowned, and by our taking of those waters into our River, we carry them into the Sea, which formerly did lie most part of the year on the Fens, because they had no sufficient vent by the old out-falls; and by this means only were those Fens capable of being drained (as by the Map appears) so that we have cut off their old drains which did drown the Fens, but not meddle with their old drains, which did drain them as they pretend: for by their old out-falls to the Sea, they could only drain, and all those old drains, and out-falls to the Sea, do lie behind the banks complained of, and behind all our enclosed Lands on Holland side; and we have not cut off those old drains, nor out-falls to the Sea, but have left them for the use of Holland Severals: and that the world may see how unjust this complaint is, we will prove, that the current of waters, which did formerly run by their old drains, through Holland's Severals to the Sea, do now run backwards into our drains, and we do carry those waters by our Rivers into the Sea another way; by which it is clear, that our drains are of use, and their old drains are of no use. And by this it's also clear, that the Lands allotted to us, are the lowest Lands in the level; because both from Kesteven side, and from Holland side, the waters do run into our Rivers, and by them into the Sea. And by this also it appears, that the Earls 14000. Acres, being the lowest, were the most drowned, and so the worst, before the draining; and now the said Lands bearing good winter Corn, 'tis as evident that the Earl hath done a good work, and performed his Contract fully, when that which was worst of the Fens, is made the best by him: and that Holland Fens are as well drained as his own, so that two parts of three, See the Contract. is better drained, then by his Contract he was obliged, and Kesteven being the other third part, is as well as art can make it, and as well drained, as by his Contract he was bound to do. 13. They say, That the Earl took possession by force of arms, and kept his possession by Troops of Horse, and great Guns, and by murdering the people. We answer, That we have proved our coming peaceably into possession, by authority of a Decree of Sewers; and that we did build, plow, In all the time of Mr. Ellis his Committee, our Adversaries do not once mention our taking possession by force, & if any force were, 'twas to keep the possession at our ejection: as by the date of the year appears by their own proofs. and reap two years' crops quietly, and part of the third summer crop also, in all which time, there were neither Troops, or Guns used, or any man slain: we have also proved, that our houses were pulled down, our corn burned, our drains spoiled, our Tenants thrown out, and our possession taken from us by violence, while we made no resistance, For while my house was pulled down, the sheriff and a Justice of peace looked on, and did use entreaties, but no force, to make the riotters desist. What was done by Sir Edward Heron when he was high sheriff, I know not, for we were then driven out of the Country, only I have seen several orders from the Parliament, to require him to quiet our possession, and I believe, by his place he might call aid to assist him, for preserving the peace of the Country, which our adversaries now call a force: Nor do I know what happened by Troops in the following war, which was after our being ejected. I do undertake to prove, that my brass Gun, so much talked of, was a raritle made by my Father, which I did for many years remove from house to house, where ever I dwelled, as an ornament to stand in my Hall. I also say, that myself was out of the Country, when my house was pulled down, and never since have seen the place it stood on, till this last Summer 1649. 14. They say, That the Commoners were imprisoned by the Lord's Orders. We answer: That when any of the Commoners were indicted for riots, proved before the Commissioners on oaths, that the jury did still acquit them, which did encourage those ill affected, to hire some poor man to cut the Earls drains, by which, in one night great quantities of corn was drowned: To prevent this evil, the Earl was constrained to petition the Lords, and to seek a speedier remedy then to sue a poor man not worth a groat, for a 1000. damage, during which suit the evil would still be acted by others. 15. They say, That the Country was denied the benefit of the law, by the Earl's privilege of Parliament. We answer: That in the days of the Lord's House, the Earl had such a privilege, and yet he did decline his privilege, and submit to the judgement of a Committee of this Honourable House, and while the cause did depend in hearing before them, he was thrown out of his right by those who now complain against us, which was a higher contempt against this Parliament, than ever was done before to a Parliament, and a mighty oppression upon us by our adversaries. 16. They say, That this Parliament hath declared against the draining of Fens, as a grievance to the commonwealth. We answer: That we believe it is a mistake in our adversaries, and that if there be such a Declaration, it was on some other Fens, and on misinformation, or before they were fully informed what great benefit the State would receive by draining, as appears by their subsequent Act for the settling of Bedford level, in the preamble of which Act, they recite what benefit the commonwealth receives by draining. 17. They say that Sir Robert Barkham's case was judged in Parliament against me. We answer: That Sir Robert Barkham's case concerns Sir Anthony Thomas his level, and is for his ancient enclosed severals on the title of melioration, and is in no kind agreeing with our case in question; for we claim only commons, and have not touched any severals, nor yet demanded any meliorations, though they be due unto us. 18. They say the Earl and his Participants have drained the dry Fens towards Bourne, and not meddled with the drowned Fens towards Lincoln. We answer: That the Earl hath drained above one half of his level, and according to his contract, had 14000 acres set out by the Commissioners, that he might, by re-imbursing part of his money, be enabled to go through with his whole undertaking; but the country having by force taken the 14000 acres from him, how is he able to go on with his work? They beat us out of the Country, and now complain that we do not finish our work: And yet in this too they are mistaken in what they say; for the Earl hath made his sluices, and his Rivers, at the out-fall of a double capacity, for his first level from Bourne, on purpose to receive and carry off the waters of the second level from Lincoln, so that a great part of that second work is done, which they understand not, that say the Earl hath not begun his works towards Lincoln. There is also a forty foot Drain of 8 miles long, made with a particular sluice to it for the level towards Lincoln, and two 15 foot drains more for the same level to Lincoln. 19 They say, That the Country was defrauded by the Commissioners, who sold the Earl too much land by his Contract. We answer: Note that the whole Land found hurtfully surrounded in this level, is 71000. acres, so that the Earls 24000. acres is a just third part. That the Fens in question, were before the draining, worth but 40. an acre, and so the Earl sold those lands at the time to all that would buy of him: And we say, that if by our labour, charge, and hazard, the same land be now worth ten pound an acre, they do complain unjustly, and may by this rule, value a ship returned from the East-Indies; at the rate it was set out, which were a good way to overthrow all industry in a commonwealth. 20. They say, That the Earl hath taken more land than was allotted him. We answer: That our Lands were set out by sworn Surveyors, and we desire that they may be new surveyed, so that those men will bear the charge, if they have without cause complained. 21. They say, That the Earl hath exchanged certain Lands, which the Country will not allow of. We answer: That those exchanges were made by a Commission of Sewers, and is rather a benefit to the country, than a prejudice, and only some do in a peevish humour dislike it: But if no reason will satisfy them, the lands shall be re-exchanged. 22. They object, That the drainers have sought against the Parliament. We answer, That many Participants with the Earl of Lindesey have not fought against the Parliament: and those that have, are now admitted to composition, and by that to grace and; so that our actions in the War (being not now in question) ought to be forgot, and our behaviour since only to be looked on: But our Adversaries urge our delinquency, as if that were a sufficient argument to deny us justice, in which the Honour of the Parliament is more concerned, than we in profit. This Objection puts me in mind on a old Proverb, That there is more confidence to be put in a reconciled Enemy, thou in a disaffected Friend. 23. They say, That my Father Sir Robert Killigrew did by his Will dispose of 200. Acres of these Fens unto his younger Sons, before the work was begun. I answer, That this Objection is a mistake, for by his Will there is none of these Lands disposed. 24. They say, That I was nominated an undertaker with the Earl, and did relinguish my right. I answer, That it was as lawful for me to be an undertaker, as for any man: and I was by reason of my father's sickness made undertaker in his right; and until my father's death, I never saw Lincolnshire; when the Earl did some years after desire me to relinguish my title of being Drayner, that his Lordship might be sole Drayner, as a person most acceptable to the Country, by which I hope I have committed no crime. 25. It hath been also objected, that the Countess of Exeter hath the Brovage on many of the Fens in question, and doth conceive her interest to be prejudiced by the draining. We answer: That those Fens on which she hath Brovage, are improved to a treble value by the draining, and consequently her Brovage is so too: But to avoid all disputes, let the Countess show what profit herself, or her predecessors have ever made by the Brovage, and we will be liable to make her an increase of profit, that she may have benefit by the draining. 26. It hath been also objected, that the Earl did give to Mr. Robert Long 500l. a year to manage his work. We answer: That if the Earl had given him a 1000. a year, his pains and care might deserve it: But if that Gentleman have committed any errors in ordering the business, let them be proved; or if he have injured any man in his management of this draining, let the drainers Estates make satisfaction: But let not our opposers lay his particular actions to our charge, that had no hand in the ordering of the business. I say this, because myself am often named, as if I had directed all the proceedings concerning this work, who did never look after it until now, that want of bread made me search into the old papers, that showed me the Earls proceedings at the first Committee, before the war begun; and from those papers I have what I do know of this business. 27. They do further say, that the Earl did smother a Verdict, by which the jury found that the Fens in question were not surrounded. We answer: That the Verdict which they mention, was six years before the Earls undertaking began, and the next day after, the Commissioners had laid a Tax of ten shillings the acre on the said Fens, and at the instant time when the Commissioners were in treaty with Sir Anthony Thomas, and Sir William Aylisse, to undertake the draining; so that 'tis evident this Verdict was a practice by some private interested parties, to interrupt that Treaty, and no way concerned the Earl of Lindsey, who many years after did become drainer. We leave it to the judgement of judicious men, whether that Jury might not as well have returneda Verdict, that the Sun never shined in England, as that the Fens between the Rivers of glean and Witham, were not surrounded, when so many Records in Court do show those Fens to have been many hundred years hurtfully surrounded, and the endeavours of all Ages to get them drained, which the Earl hath now done in perfection, beyond all works of this kind in this Nation. As to the many printed papers of our Adversaries concerning this work of draining, they are so full of malice, and impertinencies, that I rest confident in the judgements of all prudent men, they carry their answers with them, and therefore I have not considered them. What benefit the commonwealth receives by this draining 1 THe commonwealth will receive all the benefit by the Earl of Lindsey's draining, that it receives by the Earl of Bedford's draining, and doth merit an Act to settle it equal with Bedford level, and we desire it on the same terms; in which Act there is provision made for all grievances immaginable. 2 The State will receive present benefit, by the increase of the Customs, to many thousands pounds a year, when these new Plantations are settled. 3 Thirdly, when the 14000 acres belonging to the drainers shall be employed for Corn, The City of London will not be forced (as it now is) to send 300000 li. a year out of the land to buy in Corn. 4. In perfecting of the works, and in husbandry, when all is finished many thousands of poor people will be employed, and several Manufactures be set up, by using Flax, and making of linen Cloth. 5. The State will receive honour by improving so much useless ground to so great profit; and by doing justice to the drainers who have ruined there own Estates, by bringing benefit to the State. The drainers humble desires. 1. THe drainers do humbly desire, that personal recriminations may not prejudice their just title to the Fens. 2. That since the Parliament hath admitted us to composition, and by that to grace and, we hope our actions in war will be forgot, and our behaviour since only looked on, as in other men's cases, in like condition. 3. We humbly desire, that those few men who do oppose us, and have not authority from the major part of the Country to hold up this contest against us, may be looked on as ungrateful persons, because the most violent of them are those that have destroyed the wealth of the land, that have against all law and equity, ruined our works, pulled down our houses, and burned our Corn, while this suit depended before a Committee of this Parliament: and this done in contempt of the Speakers Letter, which was read, while my house was pulling down, as is proved by testimony. 4. I say, that the chief of our opposers be those rich men whom the poor Commoners do petition against, for over stocking their Commons, and do oppose us that they may still oppress the poor Commonners. 5. We desire that they may be looked on as men, that ever have, and still do decline the justice of this Committee, and Parliament, as appears by their many Petitions, to leave them to law Courts, when they know the Parliament is the only competent Judge of the case in question and our Decrees not reversable but in Parliament. 6. That they may be looked on as men that do abuse the trust reposed in them, by those of the Country, who do employ them with false reports of their proceedings at the Committee, and do seek private interest under colour of a public good; their main design being to out us that have done the work, and to become drainers themselves, who have drowned the Fens at this day, as appears by the last summer's presentments now before you. 7. The drainers do humbly desire, that if it should have happened, that any miscarriage in the Earls overseers of his work, or if there should have been any mistake of a word in law, that may make our title a mote point, that for this, all we who are adventurers and purchasers with the Earl of Lindesey, may not on so nice a point be utterly ruined, with our whole families, after the expense of 80000 l. by which the commonwealth is much enriched. 8. We humbly desire, that if any man have received prejudice by the draining, or any been injured by the drainers, or their Agents; that such injuries may be proyed, and we do submit to make such satisfaction as this Committee, or the Parliament shall appoint. 9 We do also humbly desire the like justice and satisfaction from those that have destroyed us and our works, by such unexampled riots: I may say, by such ingratitude and so barbarous a malice, that no civilised nation can parallel; and 'tis worthy consideration, that if multitudes of men shall be suffered to pull down houses at their wills, which were erected by the authority of a Decree of Sewers, they may do as much against a Decree of Chancery, and then where is our property so much talked of. 10. We humbly desire, that Sir Johu Maynard may be considered as a man that hath no interest in those Fens now in question, but doth oppose us, in hope after our overthrow, if this design take effect, to repeal Bedford Act, but we do hope the commonwealths good, will be preferred before his private designs; and that an Act of Parliament will not be so easily blown away by him. 11. And whereas some men do say, That the drainers are much enriched by this work.. I do acknowledge that myself hath the greatest share of all the Participants; and I do only desire to pay my just debt due before this war began, to provide for my Wife and Children in a very moderate way, and to have but two hundred pounds a yea● for myself; If any man, that envize my estate will do this, I will quit all my interest in the Fens, to him, and whatever else I have in England; and account him the best friend I ever met with. 12. And lastly, We humbly desire, that we may be restored to our possessions in those Fens between Bourne and Kime-eae, and set in the same condition we were, when the first complaint was preferred to the Parliament: and that the Earls undertaking may be confirmed by an Act of Parliament, as in justice it should be; we having as much merited an Act as Bedford level, or any other, which hath from time to time been confirmed by former Parliaments. W. Killigrew. Postscript. IN the fift Objection they say Some of the Commissioners were parties and judges, because they did purchase land of the Earl some years after his Contract was made. By this Rule, if any Member of this Parliament shall (now after Bedford Act is passed) adventure any money for land in that level, our Adversaries may as well say, that such adventurers were Parties and judges, who did design to become adventurers before they made the Act: which is just the case of our few Commissioners here complained of. FINIS.