The Case of the Undertakers for the Draining of Deeping-Fenns, as to a Pretended Adjudication.  
THE First Act of Parliament was made in 1664. at the earnest desire of the Country; which then was in manifest danger of being utterly lost, as apears by the Preamble to the said Act. But by reason of some Discouragements in the said Act, the Work was not proceeded in till the Passing the New Act in 1668. and then the Work was vigorously proceeded on; and in the Year 1671. the said fen was laid dry, and depasturable for cattle at all times of the Year, and Crops of Corn sown and reaped in it.  
All the Country Banks which were charged on the Undertakers by the said Act, were all substantially repaired, much better than when at the Countries keeping; and several other Advantages and Improvements made to the Country, at the Undertakers Charge.  
All which notwithstanding, the Commissioners of Sewers proved very unkind, and on the least occasion would award very great Damages the one to the other: Some, when the Undertakers were but in part guilty; others, where they were no way guilty, or concerned at all. And all this, without any Summons, or Hearing of Parties, or any Testimony upon Oath: And in some other Cases, where the Evidence was fairest for the Undertakers.  
And further, They have ordered all the Works belonging to the said Undertakers to be presented by the Jury every Sessions, and have set such immoderate Fines thereon, as amount to above 11000 l.  
And at last finding the Works in a good Condition, the Dreins new made, the Banks, Bridges, Sluices, and Tunnels all well repaired, and so the future Charge not like to be great; The said Undertakers having then expended near 20000 l. in the said Work, they contrived an Adjudication to Out and Eject the Undertakers, and then to take the Possession into their own Hands.  
For the better effecting whereof, one of the Commissioners writ to a Commissioner at Spaulding, as also to the Clerk of the Sewers, to advice the Impannelling a sure Jury, though but of Twelve Men( if sure); as also to engage several select Commissioners to be present: The Jury was to prepare a Verdict against the Meeting of the Commissioners, which was to be the Thirteenth of September, 1677.  
And as a Preparatory to that Day, some of the Commissioners agreed a Meeting at Crowland on the Twelfth of September, to make a View of the fens, in order to an Adjudication against the Undertakers; who accordingly met, and from Crowland by Boat passed by Good-fellows Dyke to Black Dyke Roft, and from thence to Horse-gate Roft to Spaulding, by which they could not view any part of Deeping fens, which was at that time full of cattle, nor one eighth part of the whole fens, and that part also the lowest and panniest Ground in all the fen, of which notwithstanding a great part was then dry.  
The Commissioners accordingly held their Sessions on the Thirteenth of September, 1677. and the Act of Parliament was given the Jury in Charge, as was before contrived; and after some Debate, it was objected, That several Honourable Persons, both of the House of Peers and House of Commons, were concerned, who ought not to be ejected out of their Estates during a Session of Parliament, without being heard. But that Plea would not be accepted by the Court: And the Court adjourned from the Town-Hall to the White-Hart in Spaulding.  
And what Decrees or Adjudications were there made, as all the rest of the Proceedings at that Court, were kept in secret from the Undertakers, who were never Legally summoned, and afterwards coming and demanding Copies from the Clerk of the Sewers, could not procure them, all the Papers being kept from him by the Commissioners, lest they should come to the knowledge of the said Undertakers; intending to surprise them, by returning the same into the Chancery, to be filled upon Record, before they could make any Defence to prevent the same; which though never so Illegal and Unjust, if once filled, would have rendered the said Undertakers Remediless either in Law or Equity, otherwise than by Appeal in Parliament.  
But the said Adjudications having been since returned up, the Undertakers did procure Copies thereof, and by Petition to the Lord Chancellor did prevent the Filing thereof, till the said Petitioners should be heard: The Substance of which Adjudications are as follow.  
That the Commissioners therein name, by their View, do find, adjudge, and decree. That the said fens, and every of them, are hurtfully surrounded with Water; And that the said fens or Wastes have, or most part of the same have, lain drowned and overflowed with Water, from the Second day of March, 1664. to the day of the date of the said Decree, notwithstanding the Works of the said Trustees, and in their Default. The Jury also gave in their Verdict, That the fens called Deeping-Fenns in the said Act of Parliament, were never drained by William Earl of Devonshire, and Trustees for Draining the said fens; but that the said fens lay then hurtfully surrounded, as the said fens have been hurtfully surrounded ever since the Second day of March, 1664. notwithstanding the Works of the said Undertakers, and in default of the said Trustees; and that the said fens were as dry before the said Undertaking, as they have been at any time since.  
After the Court making a recital of the Adjudications of the Commissioners that viewed, say, that the fens are hurtfully surrounded, and were not dreyned by the Trustees, nor Undertakers within the first Seven years mentioned in the said Act, which is quiter different from the Return made by the Viewers themselves, and then it was declared by the Court, that the Trustees mentioned in the said Act, stand seized for such uses, intents, and purposes, as in and by the said Act is limited for the benefit of the country.  

On all which it is to be observed.  
I. That the whole business was a Contrivance of some of the Commissioners to out the Undertakers, and put themselves into possession. For that the Undertakers had expended near 8000 l. on the Works of Draining the said fen, in the precedent Five Years before the intended Adjudication, as their Register-Books will make appear; whereby 'tis evident, they did not wilfully neglect the same.  
II. That the Viewers by one Afternoons viewing the eighth part of the fen, without any other Testimony, or Proof, could adjudge the fen to have continued drowned for above twelve Years before, although not long before, some of the same Commissioners did Award damages against the said Undertakers of 150 l. for that there wanted Water in the River.  
III. The Jury without View, or Inquisition, or any other Evidence, or Proof also presented upon their Oaths, that the said fens had continued drowned for above twelve Years, according as the Viewers had adjudged, notwithstanding the contrary was well known to most, if not to all of them  
IV. And as if the ejecting and outing the said Undertakers had not been sufficient, they have returned Estreats to the value of above 11000 l. against the said Undertakers.  
V. And since all this, they have received Petitions against the said Undertakers, and have Summoned them as Undertakers to appear, and also the Jury have presented the Undertakers from time to time, and set Fines upon them for the defect of several Bridges, &c. under their care, notwithstanding that by the said Adjudication they had ejected them before, and since the time of this Adjudication, being eight Years, the Undertakers have continued in quiet possession, and have laid out above 14000 l.  
Note, The Lords of all the manors whose Tenants have Common in the fen, are all consenting to the Undertakers, who are opposed by none but the Commissioners of Sewers, who take upon them the Name of the Country; and, we are credibly informed, have obtained several Hands to a Writing they design to offer in opposition to the Bill, and for Filing the Adjudication, by falsely persuading them, the Undertakers design to take away all their Commons, and possessing them, they may enjoy the whole fen again in Common, if the Undertakers were outed; when in truth the Commissioners by their own Adjudication( if it may stand) are to have and dispose of the Undertakers Lands.  
Note, It may reasonably be supposed, that if by the Adjudication of the Commissioners of Sewers, the Lands were to have gone to any others than themselves, the Adjudication had never been made upon so slender a view, and without any proof, and so Privately, that the Undertakers were not to have Legal Summons, nor so much as Copies of the Proceedings.  
From all which the Undertakers do humbly hope, and pray, that your Lordships will put them under a more Indifferent Judicature; in order to which they humbly propose. That out of the Persons appointed to set out the Boundaries of the fens; three may be chosen by the Undertakers, and three by the Country or Commissioners of Sewers, and one( to make the number odd) by the Lord Lieutenant of the County of Lincoln for the time being, which Seven, or any five of them may assess Damages as the Case may require. Or if this Proposal doth not seem reasonable, That your Lordships will please to put the Undertakers under such other Judicature as your Lordships shall think fit.