AN answer TO Such Objections as were made by some COMMONERS of Lincolnshire; AND Presented to both Houses at the first sitting of this PARLIAMENT; AGAINST ROBERT, Earl of LINDESEY, and his Participants: Concerning the Draining of those fens which lie between Lincoln, Berne, & Boston.  
Set forth by Sir Will: Killigrew, Knight.  
LONDON, Printed for the Author. 1647.   

The OBJECTIONS.  
1. THat these said fens did not need to be Drained.  
2. That the Commissioners did proceed by view, and not by jury.  
3. That the Commissioners were Parties interessed with the Earl.  
4. That the country was defrauded by giving the Earl too much Land for his Contract.  
5. That the Earl did give some of those Lands unto Great men for gratuities.  
6. That the Earl hath taken more Land from the Country, than his proportion.  
7. That the Earl hath taken the best of the fens for himself, and left the worst for the Commoners.  
8. That the Earl hath not performed his Contract, by draining those fens sufficiently.  
9 That the Earl did fetch up some of the Commoners by pursuivants, and by Warrants from the council-table, and did imprison others.   

An Answer to such Objections as were made by some Commoners of Lincolnshire, &c.  
1. Obj. THat these fens did not need to be drained.  
Answ. 1. It appears upon Record, the Commissioners of Sewers of those parts, with the country, did intend, and did endeavour (in the 34 of Henry the 8th and in the 17th of Elizabeth) to drain the same fens which the Earl hath now drained; and did proceed therein as the Earl hath now done.  
2. It appears by a letter signed by Sir Anthony Earbye, and M. sergeant Gallis, with divers other Commissioners of Sewers, and Justices of Peace in those parts, that the said fens did need to be drained: For by their Letter they inform His Majesty, that the fens of those parts were annoyed with waters, which for the good of the country they desire His Majesty might be drained: to which end they are suitors, that the King would recommend some Person who should undertake the draining thereof, as a work honourable and profitable for the commonwealth.  
3. The KING recommends ROBERT Earl of LINDESEY unto the Commissioners; who was accepted for undertaker at a public Session of Sewers at Sleford in the face of the whole country; where Argument was, what quantity of Land they should contract with the Earl for, and on what terms, but no question was ever made whether those fens did need to be drained. The whole Assembly seemed as eager to have the fens drained, as the Earl was to undertake the work: and after some debate at several meetings about the proportion, the Earl demanding 30000 Acres: at last the Commissioners proffer him 24000 Acres, which he accepts with the general approb●tion of every Commissioner p●●se●t: and acclamations of joy from the Commoners, who did wait on the Earl to his lodging from the Church, with loud prayers for the good success of his work●. By this it appears th●t the said fens did need to be drained. This contract was made between the Earl and the country, by thirty two Commissioners: who would not have made this contract if the draining had not been necessary.  
2. Obj. That the Commissioners which laid the Taxes, and did adjudge the Lands to the Earl, were Parties interessed with him.  
Answ. That when the contract with the country was made, no Commissioners were interessed, nor could be, because the Earl had then no interest himself: but after the work was begun, three or four of the Commissioners did become Adventurers with the Earl, and did put in their moneys for their own fens: They paid forty shillings per Acre, at which rate the Earl offered to admit all that would of the country to adventure with him, which was done by public Proclamation. But those fens were then so drowned, and of so little worth, and the work so ha●●rdous, that none would purchase any of the Lands allotted to the Earl at forty shillings the Acre, besides Sir Edward Heron, and Sir John Brooke (since Lord Cobham) who are the Commissioners excepted against: where as the Commoners might well wish that more Commissioners had been of their mind, who no doubt would be careful to see that the Earl should perform his work according to his contract, for their own sakes.  
3. Obj. That the Commissioners did proceed to tax, and to adjudge the Lands by view, which they should have done by jury.  
Answ. That Juries are in this Case only to inform the Commissioners, and that the Commissioners being themselves sworn, may by their own view be better informed, then by the eyes of others, as has been usually done in former times; and no doubt the integrity of such men of such quality as are trusted to be Judges, may be trusted to judge upon their own view, as well as on the view of mean and ignorant men; for of such are most Juries made. I have here inserted the Names of the Commissioners that laid the first tax of 13s 4d an Acre upon the Earls fens: Many of them being those that did view the fens without a Jury; because in a business of such consequence they would trust no eyes before their own.  

The Earl of Lindsey  
Earl of Lincoln  
Lord Willoughby  
Sir Henry Fines  
Sir Rob. Killigrew  
Sir William Armyn  
Sir Edw. Heron  
Sir John Munson  
Sir John Brooke  
Sir Ham: Whichcott  
Sir John Browne  
Sir Christop. Wray  
Sir Ralph Maddison  
Sir Will. Quadring  
Sir Jervace Scroop  
sergeant Calais  
Doct. Farmery  
Will, Langton, Esq.  
William Dallison  
Robert Long  
Edw. Skipwith  
John Brownelowe  
John Burrell  
Robert Cawdron  
Robert Tredway  
John Bassett  
Robert Martial  
Maior of Lincoln  
Rich. Westland  
Maior of Boston  
John Hobson  
Robert Boswell  
Tho. Haughton  
George Thorold  
Josua Whichcott  
Rich Barefott  
George Smith.   
The Question now is, whether these Commissioners may make Decrees upon their own view as well as on the report of a Common Jury? Which we leave to the judgement of the Parliament.  
4 Object. That the Country was defrauded, by giving the Earl too much Land for his Contract.  
Answ. That the 24000 Acres passed, and Decreed unto the Earl, can be justly valued but at the price the said Lands bore at that day, which was forty Shillings an Acre to be sold. So that 48000 li. was then the value of the 24000 Acres decreed to the Earl; than which the Earl hath expended a much greater sum in his works, and therefore the Country was not defrauded as is objected. But some men do look on the Earl's Land now he has made it worth twelve Pounds an Acre, and will not consider his hazard that has brought to pass what many before him have been ruined by attempting, nor consider his moneys taken up at use, or on harder terms to do his whole work; but in mercy to the poor Commoners will think them abused, and not once consider that their Commons now remaining to them, are worth at this day ten Shillings the Acre, which never did yield twelve Pence the Acre before the draining. Another kind of men there are too, that would repay the Earls charges, and resume the Lands; but when those men shall examine his charges they will be of another mind, and find that those Lands have been purchased by the Earl and his Participants at too dear a rate to be repurchased. Methinks such men may with the same justice purchased all the East India Ships at their return for the same money Merchants set them forth: 'twill be a good course to encourage Trade, and much for the public good to destroy all activity in ingenious Men, to give the reward of their industry and hazard unto idle Drones: such an example of injustice I conceive will in some kind concern every man's estate that by providence and industry is better than when 'twas first purchased. Now I have argued against this injurious project. I will be glad to relinquish all my interest in the fens, for the money which these fens have cost me, all things being justly considered.  
5. Object. That the Earl hath given great part of his Fenne-Lands unto great men for gratuities.  
Answ. That the Earl might dispose of his Lands as he pleased; whether he gave them, or sold them, concerns not the draining, nor those adventured with Earl: if any injustice were done, let it appear, and let them answer it, that it particularly concerns.  
6. Object. That the Earl hath taken more Land from the Commoners than his proportion.  
Answ. That the Lands were laid out by sworn surveyors, and that the Drainers are desirous to have the Lands a new surveyed, and have often made proffer to be●●e the charge, and to make restitution in case they have erred: the Commoners will do the like in case it appear they have complained without a cause: but the Commoners have hitherto rejected it, and only desire to cl●mour, well knowing that the Lands are justly measured, and allotted unto the Earl.  
7. Object. That the Earl hath taken the best of the fens to himself, and left the worst unto the Commoners.  
Answ. This Objection made a great noise in the ears of all honest men, and did procure the Commoners many favours. And about this there has been 100 Witnesses sworn pro & con: and at several hearings in the Lord's house with counsel on both sides this business hath been debated; as also before a Committee of the House of Commons it hath been divers days heard. After much trouble and charge at a full hearing in the Lord's House, the Earl and his Participants did proffer to exchange all the Lands allotted unto them, and to accept of their proportion in some other place, where the Commoners should like best, thinking this would give satisfaction; But those that complained refused to accept what they so violently sought; by which the Lords saw that they only sought occasion of clamour, and had no just cause to complain, their Petition was therefore cast out of the Lord's House, and the possession settled unto the Earl. And if yet the Commoners do like the Drainers Land better than their own, 'tis still at their choice; so they will observe the contract to make the Earl's proportion part of every fen, and the whole lying in a straight tract according to contract, that the drains may not be crooked, which will not then do the work of draining; if they shall refuse this exchange, 'tis clear that the Ear●es Land is not the best of the fens, and the Country not injured: The truth is, all judicious men of those parts do know the Commoners will as soon eat their Land as make this exchange with the Earl and his Participants, whose alotment was the very sink, and pan of all the fens, and ever most drowned; and besides, lying in the midst of all the Fens, farthest from all their Towns, & so leaving all their Commons as most commodious for them next unto their houses: which doth avoid all trespasses that must daily happen, if their Commons and the Earls severals were intermingled. It will appear upon the map, that the wit of man cannot lay out the Earls Lands more advantageously for the Country then now it is. Again I say, themselves now an exchange is offered, dare not accept it.  
8. Object. That the Earl hath not performed his contract by draining the said fens sufficiently.  
Answ. If this were true, they might have laid by all their unnecessary clamours; for the Earl by his contract is to have no Land unless he perform his work according to his Contract. To justify which, the Earls works were several days viewed by the Commissioners themselves, who rod with divers of the Commoners in public from place to place to hear all objections could be made against the said works; and after a due consideration, they did judge the Lands drained, and the works done according to the Earl's Contract. Now the question is whether this judgement and decree of the Commissioners shall be of force, or the opinions of the plaintiffs in their own case? But lest some men may think that Commissioners may be perjured, or mistaken, the Drainers have clear arguments to justify this judgement of the Commissioners, and to dash the scandals of their accusers.  
1. That these Fenne-Lands allotted to the Earl, do bear cool Seed, Rape Seed, and all kind of winter corn; which could not be, unless those Lands were sufficiently drained,  
2. The Commons which belong unto the Country, by the Earls contract ought to be made either meadow, arable, or Pasture, and accordingly are as good pasture, and as dry as Commons can be: and if they were enclosed in severals, as the Earls Lands are, they would bear as good winter corn as his Lands do; but it is their own work to enclose their Commons and no part of the Earl's contract.  
3. It hath been proved at a Committee of the House of Commons, by sufficient Witnesses on Oath, and also in the Lord's House at several hearings, that the said fens in general were communibus Annis worth but twelve pence the Acre before the draining, and that now by the dr●ining they are so much improved, that the Earl did the offer the Commoners at the Lords' bar to become T●●ant to all the common fens to them remaining at t●n Shillings the Acre per annum, and to take a Le●se for 100 years, giving them security in the City of London for their Rent, which they refused, and by refusing showed they valued their fens to be more worth. So that the Common fens improved from one shilling to ten, will prove to have needed draining, and to be sufficiently drained.  
4. The Drainers have ever desired to have a Committee sent from the Parliament to view their works, and to judge if the Earl have performed his contract, and deserved his reward, but the Commoners have ever by their power hindered it. 'Tis now hoped that judicious men will not harken unto their clamour and noise, but look on them as ungrateful men that would ruin those that have so much enriched them; as men that do refuse to accept what they seem to desire; as men that can prove nothing that they accuse the Drainers of; and a● men not worthy of favour or countenance, that have put both Houses of Parliament to so much trouble upon unjust complaints.  
9 Object. That the Earl did fetch up many poor men by pursuivants, and did imprison them by warrants of the council-board.  
Answ. That in those days the whole kingdom did submit unto the council-board warrants; and that when it shall be showed upon what cause that proceeding was used, it is hoped that those complaints will prove no great crimes; for if any fault were in the Earl, 'twill not be such as ought to forfeit his Lands, nor to ruin all those that have adventured with him, if by any such mistaken course any man have just cause to complain. Neither will this excuse the Riot for which he was so punished, though it may now be a fault in those that punished him that way. It clearly appears that no wilful acts has been by the Drainers done to the prejudice of any man, and then 'tis hoped that if any accidental error have been committed; it may be remitted, or dispensed with upon a moderate satisfaction, rather than to destroy so many innocent persons as have interest with the Earl, because those that managed the Earl's business did mistake in the way of punishing such Rioters.  
To conclude, It appears that the draining of fens is beneficial to the Common wealth, by the Antiquity, and Authority of the Commission of Sewers, and by several Statutes encouraging men to undertake such works, and granting immunities to such as should adventure therein: it appears also that works of the same nature, with this of the Earl of Lindesies, (as that of Lovels, and that of Tindal's) have been approved, and confirmed by former Parliaments, which did encourage the Earl and his Participants in their work.  
And left any man may not clearly see the state of the case in equity, between the Earl of Lindesey and the complaining Commoners, I have thought sit to show it here: There is a common fen containing twelve hundred Acres, worth per annum twelve pence the Acre before the draining. The Earl hath 300 Acres of this fen as a fourth part allotted him for draining the whole: And he by draining the said fen, brings the Land from twelve pence an Acre, to be worth ten Shillings an Acre: So than the question is, whether the nine hundred Acres remaining to the Commoners now worth ten Shillings an Acre, be better for them then the twelve hundred Acres was at twelve pence the Acre before draining? That is, whether 450 li. be more than 60 li. and thus clear is the benefit which these complaining Commoners do receive by the Earls draining: besides what the commonwealth gains by the Earls 4th part allotted him, which is clear profit. Though 'tis no wonder to find malicious and envious spirits ever ready to defame the best proceedings of the best men, 'tis very strange to see such injustice, and so high ingratitude countenanced by any man of worth.   

It may now be time for the Drainers, and all that are interessed with the said Robert Earl of Lindesey, to show the hard measure they have received from these Commoners, and from their Abettors.  
1. WHen the Earls works were working, some men that maligned the Earls undertaking did set on poor men to cut the banks in the night, which did much hinder the work, and much increase the charge.  
2. When the Earl had one year possessed 14000 Acres of the Lands decreed unto him, and that his Participants had built great houses, and planted, and ploughed much Land, some of the poorer sort of men were again set on to break the sluices in the night, and to cut the banks, by which the Drainers corn then growing was destroyed, to the value of ten thousand pounds, and for these men did the pursuivants (formerly mentioned in the ninth Objection) come down.  
3. About two years after the Earl had possession, a great multitude of the poorest Commoners of other remote fens were brought and encouraged, and did pull drown all the Drainers houses, throw out all their Tenants, some into the Rivers, others were wounded and beaten, and driven away: And thus they did destroy all their Plantations, their Seed, and corn, to the value of twenty thousand Pounds sterling, and by force took possession of all the Earls Lands.  
4. The Commoners adjacent did join with these Rioters, and have now six years enjoyed the said 14000 Acres belonging to the Drainers; which at ten shillings an Acre amounts unto near forty thousand Pounds sterling, to which Land they have no right. Thus the whole damages done by the Commoners to the Earl and his Participants doth amount unto near seventy thousand pounds sterling.  
5. 'Tis hoped that the Parliament will take notice that all these Riots were committed, the Parliament sitting, and before the War began, and that most of this was done in disobedience to many Orders from the Lord's House, before whom all the disputes had been often heard; and also in contempt of an Order to the Lord Willougby, Lord Lieutenant of that County, who was with the sheriff and the Justices, to quiet the Possession unto the Earl and his Participants, until the Parliament should further determine of the matter, and also in contempt of the directions from the House of Commons by their Speakers Letter; and above all, in scorn to the Committee of the House of Commons, which was granted upon the Commoners Petition, and before whom the business was divers days heard, and debated by counsel on both sides, and a hundred witnesses sworn; but while this suit depended, the Commoners waved the judgement of the Committee sitting, and of the Parliament also, and became their own judges in their own case, to a very evil ex●mple.  
And now I have said all these things by way of justification of the Drainers proceedings, and recrimination of the Country People; 'tis not without good ground believed by us that are interested, that if the whole business were brought to a due hearing, and examination, it would appear all these complaints of the Commoners the notorious Riots that they have committed, and the Losses which the Drainers have sustained, have neith●r proceeded from any injustice done to the people, nor yet from any dislike in them arising from any other groun●, but merely from the malice of some rich ones, and the unjust desire of gain in others instigating the Commoners to it: For there are graziers of the high Countries, men of great substance, who have no right of common in these fens; yet do under colour of some poor Commoners Title put in great herds of Cattle, eatingt up the Pasture from the poor; and these men fearing by the Drainers repossession they must be put by this profit, have set on the Commoners to make these clamours. And how can it be thought that the Commoners should oppose the draining by which they have so great benefit, and which was at first so pleasing to them, that many thousands of the Commoners did work two years in the drains, and thousands of them did since gain very well by helping in the Drainers first Harvests, as also by ploughing, and Renting of the Earls Lands; If therefore a hearing were granted in Parliament, no doubt but it would appear who did set on these ignorant poor people to make this destruction; but we suspect a hearing is cried down for no other cause, but for fear left the Commoners should peach those that set them on these Riots. The Drainers therefore cannot choose but earnestly solicit a hearing with their opposers, assuring themselves they shall not only be acquitted by all just Judges of those imputations of being Court Projectors, and Opposers of Common People, but be reinstated in their Lands, with some public acknowledgement and thanks for their good service done their Country; after the custom of other Nations who were wont to decree Statues and Honorary Inscriptions to well deserving Subjects: A Remuneration which their enemies themselves owe them, the Drainers having performed all contracts to them: I say not, according to the strictest Law, but the strictest rule of Equity & Conscience, as if they had been ambitious rather to set out a Pious Act to the world for an example, then to perform a civil Compact only according to the Obligation of justice.  
FINIS.