A RELATION OF THE Proceed & causes of complaint, BETWEEN The Undertakers with the Earl of Lindsey, in the Level of Fens in Lincolnshire betwixt Bourne and Kime Eae, AND The Owners and Commoners there.  

THe Undertakers justify their proceed to be legal and honest.  
The Owners and Commoners about nine years past, before a Committee of Parliament, (William Ellis Esquire being Chairman) alleged the illegality of the Undertakers proceed, which was referred to Law, and proved it a Project, maintained and forced on by an Arbitrary Power, which matter of fact was examined.  
Now to relate the Undertakers Allegations, and the Commoners replies for matter of Law, which was referred to Law.   

The Undertakers say, the land was decreed to them by Laws of Sewers, to which Laws they have the King's Royal assent, so not alterable, but by Act of Parliament.  
The Owners and Commoners say those decrees were altogether illegal and corrupt, they having offered many trials at Law, which the Undertakers refused and stopped, 
Witness the Orders.  by Orders of the Councel-Table before Parliament, and by Orders of the Lords House since Parliament, until the House of Commons removed those hindrances, and left the Law open to us, whereupon we had several Trials at Law against the Undertakers, 
* Witness the Judgement.  wherein we had Judgement against them, if the decrees be illegal, the Royal Assent comfirms them, but as they are subject to alteration, by trials at Law, without a special Act of Parliament.  
The Royal Assent was promised before any Law or Decree made, 
Witness the King's Letters.  so that the bargain was made at Court, before the contract in the Country.   

The Undertakers say, they were possessed of 14000. Acres of our Commons, by consent and contract with the Owners and Commoners.  
The Commoners say, they had no consent, but of some twenty in many thousands, some of which was gained by threats and imprisonments; they further deny any contract with the Undertakers, and desire they may show that contract they pretend, and declare how they came by it.   

The Undertakers say, the gentlemen Commissioners of Sewers were honest, discreet, knowing men, and would do nothing but what was legal, just, honest and equitable.  
So say the Commoners, that many of them were honest; but yet not well knowing in that design of undertaking, the Commission of Sewers mentioneth not such a Creature or Officer, as an Undertaker, if that Commission had been sufficient for an Undertaker, the Acts made the 43. of Elizabeth, ch. 11. and the 4. of James ch. 8. and 13. which directs an Undertaker how to contract for the draining of drowned grounds, and improving wastes, was unnecessary, but they were unwilling to be guided by any just known Law, 
* Witness the Verdict, which finds the Fens not hurtfully surrounded.  they at the first proceeded by a Jury of five and twenty honest men, which was somewhat legal, but the Juries Verdict not being answerable to their expectation, the Undertakers left the Law, the old honest way, and step● into byways, as thiefs do that rob honest men, 
* Witness the Deeds, i●●olled in Chancery.  and first having bribed the King, with three thousand Acres of our Land, and the Lords of the Council with other parcels thereof, 
* Witness the King's several Letters, and the L●●ds Orders.  they gained the King's several Letters, and the Lords Order to direct the Commissioners of Sewers, (which Power and Acts of State, was got so much above Law, that 〈◊〉 often caused Acts to be done by Commissioners contrary to Law, selling our lands where sufficient distress might have been taken) and thus they gained their decrees of Sewers, 
* Witness the Commission of Sewers and the Commissioners.  such Commissioners as saw into the evil of their design, and thereupon did not act as they expected, were put out of the Commission of Sewers, and themselves, servants and friends only continued in, whereby they became their own Lawmakers.   

The Undertakers say, Drayning is a good work, and advantageous to the Commonwealth.  
So say the Commoners, but their proceed were illegal, as we have formerly proved, not honest, as we shall now prove; for they took the best ground and left the worst, they judged ground worth a Mark the Acre to be let, hurtfully surrounded with water, they judged reed ground worth 40. s. the Acre in that condition hurtfully surrounded, which if it be always dry, will not be worth 13. s. 4 d. the Acres they took half of many of the best Commons, 〈…〉 by their own laws, 
〈◊〉 by divers Witnesses.  they should a● the most have had but a third part; they have left the worst part of the Level to drain, and to take the least part out of; we are willing and able to drain our own grounds that stand in need thereof, could we have been enabled thereto by Law, or might we enjoy our Commons in several, what the Law will not suffer us to do to our own, we hope strangers shall not force, and be first served, because pretenders for the Commonwealth's good, for their own ends, they destroyed the Navigation of our Towns, which the Commission of Sewers specially provides for.   

The Undertakers deny their undertaking to be a project, and their proceed arbitrary.  
The Commoners say it is, and hath so proved it before the Committee, of which M. Ellis had the Chair: they say, if their ground were as bad as they report, 
Proved by Sir 〈◊〉 propositions.  yet it ought to have been sold to their best Chapman, which it was not; for Sir Anthony Thomas, and Sir William Ayl●ffe, with their considerable Adventurers would have undertaken to have drained the same Fens for a fourth part, 
Proved by the Clerks of Sewers and the Commissioners Orders.  the Commissioners of Sewers then not intending any of them to be sharers, nor being feared with the King's Letters, or Lords of Council Orders, thought a fifth part sufficient for the work doing, and would give Sir Anthony but 24. hours to consider of their offer, thereupon they treated no further, Sir Robert Kellegrew, Sir William Kellegrew, and M. Robert Long being in the Country, and seeing the ground good, and the design advantageous, improved their interest at Court, of which they were Members, 
* Proved by the King's Letters.  and gained the King's Letters to commend them Undertakers to the Commissioners, but perceiving they could not make their bargain so advantageous as they desired, seemingly declined to be Undertakers, 
* Proved by the King's third Letter.  and gained the King's Letter to commend the Earl of Lindsey a privy Counsellor, and Lord Lieutenant of our County to be sole Undertaker, 
* Proved by Deeds enrolled in Chancery of bargain and sale, wherein they three join with the Earl in the bribe to the Lords.  themselves by a secret Contract having equal power and share with him, hoping thereby with the King's Letters, Council-table Orders, a promise of shares to some of the Commissioners, & outing of others, to make the better bargain for themselves, and so did; for at the first proffer the Commissioners then sitting, offered a third part of the same Lands, without consent of the Owners and Commoners to the said Earl, for draining of which Lands they would give to Sir Anthony Thomas but a fifth part: Court power, friendship, self-interest, and compliments, gained a freedom in the Commissioners to give away our Lands, That Sir Robert, 
Proved by Sir Roberts Will. and the Deeds themselves.  Sir William Kellegrew, and Mr. Long were secret Undertakers, witness Sir Roberts last will and Testament, he dying before the contract made with the Earl; wherein he gives to his two Sons, Thomas & Heary ●wo hundred Acres of our Commons, a sign they had sh●●ed our Lands at Court, and made the Country Commissioners confirmers of their project, which two hundred Acres were sold by the said Thomas, Henry, Sir William and Mr. Long, to one Mr. Richard Read for twelve hundred pound, before the work of draining was begun, and Mr. Long sold his share to Sir Edward Heron, a Commissioner before the work begun for fifteen hundred pound, and Sir Edward to be at all the charge of draining, Mr. Death bought some upon the same terms, their own acts witness our grounds to be of some value, before the draining, to bribe with, bequeath, and sell other men's Lands, without a consideration done or given for them, and to force on those bribes, gifts, and bargains by the King's Letters, Council-table Orders, 
Let all men judge.  and commanded Commissioners of Sewers, is a project and arbitrary.  
Again, the Commissioners being some of them interested for nonpayment of a Tax of 13. s. 4. d. the Acre illegally set give the Undertaker half an Acre, which by their own rates was worth 3. l. and so proportionable most of the 14000. Acres, 
Proved by divers Witnesses, and their Decrees.  and at the least they had one Acre in three for three Marks, which Acre at their own rates, as they sold our Lands before hand, was worth 6. l. So that not only those that sold the design made a prey of us, but those that laid out any monies would have had for every 2. l. laid out 6. l. by their own rates, and as we value our lands 12. l. Those who legally, peaceably, and honestly opposed this their project carried on by an arbitrary power, 
Proved by the Messengers, Council-table Orders, and Cattle Witnesses.  apprehending nothing their own if this power prevailed, were fined, imprisoned, brought before the Council-table, threatened with Star-chamber Suits, continually vexed with Messengers, their Cattle driven away, sold without recompense, denied all proceed at Law, to men's utter undoing, 
* Proved by the bonds at the Counsel-table, and the Earls, came Letter.  & forced to enter into bonds, not to complain but to the Commissioners of Sewers, or Council-table, some in the absence of the Earl and the interested Commissioners, complaining to the other Commissioners of some grievances, in hope of Justice in the absence of their Lord and Master; there came a Letter subscribed post, post, post haste, from the Earl of Lindsey to the Commissioners, wherein he intimated, that he was well advised by Counsel at Law, that they had nothing to do in that business, so knew we very well, but God knows we were bound from the Law, and so left remediless, being only to complain to those who neither could or would relieve us.  
About June last, 1649, the Undertakers in the Earl of Lindsey's Levelly petitioned this honourable Parliament, and got some Sixteen Commoners, some of whom are illaffected, others their Tenants, and such a sold the Commoners , and are sued by them; others, such as beat and wounded the Owners Tenants; and others that have no stock to put upon the Commons, To petition the Parliament in the name of the Commoners, being 20000; which Petitions were referred to a Committee of Parliament, of which John Goodwin Esq is Chairman. They and their Witnesses have been heard.  
We the Commoners, being many thousands, that entrusted Thomas Hall and Nicholas Roe, Gent. about nine years since, to petition the honourable House of Commons against the Project of undertaking in the Earl of Lindsey's Level, illegally and tyrannically carried on; and having fully proved their Petition, by Evidences, and at the least of a hundred Witnesses, before the Committee of the honourable House of Commons, of which William Ellis Esq was Chairman, That the House in their Remonstrance dated June 10. 1643, having declared the taking of large quantities of Commons being taken from the Subjects by colour of the Statute of Improvements, and by abuse of the Commission of Sewers, without their consents, and against it, amongst other grievances, to be one, and with them to be the Root and growth of mischievous Designs, do much wonder, that these offenders, who have continued as they were enemies to the Public Good and Peace of this Kingdom, should come Eight years after us, and be heard before us; and that it should be now a Question, after such proofs, Whether they, or we, who have continued ever faithful to the Parliament, be most offenders.  
The Commoners have witnessed their reality and faithfulness to the Parliament, by venturing their lives and estates with them. There hath been abroad at once, in the Parliaments service, Volunteers, out of some of these Towns 100, some 60, some 40, some 20, some more, some less; and the Country upon all occasions ready to rise against the Parliaments Enemies. Few or none served the King, but those that were engaged by the Undertakers.  
Sir Edward Heron's eldest son, having an interest in the Undertaking, and being a Colonel of the King's part, brought down twenty Colours of Horse and Dragoons against those Towns interested in the mentioned Commons, who killed and wounded divers of the Commoners, that risen to oppose their entering into their Country; and drove away thousands of their horses and other , to their utter undoing. If these our enemies be again brought amongst us, we must expect no mercy from them.  
We hope the Parliament will continue their wont goodness towards us, and not hear them whom they have formerly refused to hear, upon the same pretences, we mean, to matter of possession, 
Witness Mr Waltounds Order, dated August 13. 1641.  as appeareth by the former Orders of the House; they only plotting hereby, if possible, to render the Parliament as distasteful to the people, by entertaining their Projects, as was the late King. We that have hazarded our lives and estates, without recompense, hope we shall enjoy what we can maintain to be our own by Law. And we desire the Undertakers may be referred, as formerly upon the like complaint, to the Law for remedy, where we will answer them in fair Trials. Let us, who have been suffering friends, be first relieved; and then be as merciful to your and our enemies, as possibly you can in Justice.  
We desire Master Ellis may report our first Proofs to the House, concerning matter of Crime; that for our Imprisonments, Wound, and Losses, we may receive recompense: the Troubles coming on so fast, that he could not formerly do it.  
But if, notwithstanding all we say, and have proved formerly, we must at our great charge answer their last Petitions; we thus reply.  
The Undertakers say they were legally and quietly possessed of 14000 Acres of our Commons, almost three years.  
We deny it, and say, We have continued, 
Proved by divers Witnesses, and Trials at Law.  and hitherto enjoyed our ancient possessions legally, though they by their arbitrary power would have forced us out, and did blow some of our Grounds by that power, notwithstanding we discharged them.  
They say, There will be a benefit to the State and Commonwealth by their Compositions.  
We say, It is an abuse to a flourishing, reforming, just State, to make them so necessitous, as to tell them they can be bettered by a Project, or an Interest gained by an arbitrary power, otherwise then to return what was so taken away to the right owners.  
They the Undertakers say, The Commoners declined the justice of the House, and violently entered upon their Grounds, and destroyed their Corn, and pulled down their Houses.  
We desire they may name those that did it: for we the chiefest of the Owners and Commoners that petitioned the House of Commons, say, We were no ways guilty of those acts; but justly and legally continued, maintained, and recovered our possessions 
* Witness the House of Commons Order, dated July 10, 1641. and Sir Guy Palms, his report thereof. . We have ever stood for the Privilege of the House of Commons against the Lord's House, and never declined their Justice; which the Undertakers have: for during our Cause depending in the House of Commons, they petitioned the House of Lords, preferred Bills, and gained their Order from thence, whereby they perplexed us with Messengers, Imprisonments, driving, kill and chase our  in a riotous and tumultuous manner, desperately wounding many of the Commoners with Guns and Swords, by French, Dutch, and wand'ring strangers to great numbers, and procured Orders to stay our proceed at Law; 
* Witness Mr Lister, and the rest of the Gentlemen.  the honest Gentlemen of the Country were put out of the Commission of the Peace, and their friends put in; and Sir Edward Heron, a Commissioner of Sewers, and a sharer with the Undertakers, was made high Sheriff; who violently executed the Lords Orders: And all this was done when our Petition was proving, and they defending, 
Proved by Witesses.  in the House of Commons.  
Those that pulled down their houses and gathered their corn growing and standing upon their Commons, say, they were provoked thereto by the Undertakers and their Agents, they continuing by power of the Lords Order to blow the poor Commoners ground, after they had discharged them thereof, and by those wand'ring strangers before named in a tumultuous and warlike manner, some armed on horseback, others a foot, great Guns mounted upon Carriages, to force them out of their possessions, by wounding some of the Commoners, and worrying their Cattles with Dogs, and driving some of them away in the night, and selling them, and refusing to obey Replevin, and rescued their own Goods when impounded; and the honest Gentlemen of the Country being put out of the Commission of the Peace, 
So ill did arbitrary power relish with the People.  and their Friends, strangers, put in, with other injustice and violence done to them, the poor Commoners or Cottagers with strangers, being of weak capacity and understanding, but what they felt and saw, and fearing a power coming upon them to destroy and ruin them, pulled down those houses that were forcibly built upon their Commons, and harboured those strangers and Arms they suffered by, which Houses was standing until such their usage, and some Trials had at Law which proved the Decrees illegal, for which Act of theirs they have been fined and imprisoned, and hope they shall not be twice punished for one crime; the manner and not the matter being the fault.   

The Undertakers say, A good done, deserves Encouragement and a Reward.  
So say the Commoners, if legally and honestly done: But they say, To cure a diseased man by cutting his throat, is a remedy rewardlesse; or to do good in an evil manner, is both by the Law of God and man unwarrantable, and without recompense: The undertakers by a pretended good to the Commonwealth, taking our lands by an arbitrary power contrary to Law, though it accidentally prove a good to some, yet it strangles the Law, the Commonwealth's life, and deserves no other reward than he that cureth a disease by throat-cutting: if one may design the use of another's interest, propriety is lost. This Project of Drayning was condemned in a Parliament prime Jacobi, and thrown out of the House of Commons with disgrace. Some moved that Sir Miles Sands might have satisfaction for the money he laid out: Sir Edward Cock replied, Let those pay him, that set him a work; and further added, That it was just that Sir Miles Sands should pay damages to the oppressed and injured Countries, for trying experiments of other men's lands, without and against their consents.  
The Earl of Lincoln in Queen Elizabeth's days procured a Commission for draining some of the Fens in question, and pretended the work was public, honourable, feizable, and profitable, and that the people desired it; but when the Lord Willoughby of Erby for the Country, remonstrated the contrary to the Queen, she in great passion, resumed her Commission, and left the Country at liberty to drain themselves.  
Which liberty we hope we shall still enjoy, being willing to advance the Public in any way we shall be enabled to by Law, we having formerly been interrupted in scouring of our ancient Drains and Sewers by that project of Undertaking.  
Such petitions as are now preferred for the carrying on of the Earl of Lindseys' undertaking, we the Owners there do protest against, knowing them to be signed only by poor people, who have no Interest there but under us, whose hands were indirectly gained by two Alehouse-keepers, who went from town to town, and house to house to gain those hands.  
Such Petitions as are for Stinting of our Commons, we declared our willingness to in the Country, but could not see the Petitions, so that it was but a pretence to carry on the Undertakers design, in rendering us to the Poor, and others, as Oppressors of the Commons of the Country.  MICAH 2.1, 2, 3, 4, 5. 
woe to them that devise iniquity, and work evil upon their beds: when the morning is light, they practise it, because it is in the power of their hand. And they covet fields, and take them by violence; and houses, and take them away: so they oppress a man and his house, even a man and his heritage. Therefore thus saith the Lord, Behold, against this family do I devise an evil, from which ye shall not remove your necks, neither shall ye go haughtily: for this time is evil. In that day shall one take up a parable against you, and lament with a doleful lamentation, and say, We be utterly spoiled: he hath changed the portion of my people: how hath he removed it from me? turning away, be hath divided our fields. Therefore thou shalt have none that shall cast a cord by lot in the congregation of the Lord.   
FINIS.