THe Und [...]rt [...]kers justifie their proceedings to be le­gall and honest.

The Owners and Commoners about nine yeares past, before a Committee of Parliament, (William [Page 2]Ellis Esquire being Chair-man) alledged the ille­gality of the Undertakers proceedings, 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 Lawes of Sewers, to which Lawes they have the Kings Royall assent, so not alterable, but by Act of Parliament.

The Owners and Commoners say those decrees were altogether illegall and corrupt, they having offered many tryals at Law, which the Undertakers refused and stopped,Witnesse the Orders. by Orders of the Councel-Ta­ble before Parliament, and by Orders of the Lords House since Parliament, untill the House of Com­mons removed those hinderances, and left the Law open to us, whereupon we had severall Tryalls at Law against the Undertakers,Witnesse the Judgment. wherein we had Judgement against them, if the decrees be illegall, the Royall Assent comfirms them, but as they are subject to alteration, by tryalls at Law, without a speciall Act of Parliament.

The Royall Assent was promised before any Law or Decree made,Witnesse the Kings Letters. so that the bargain was made at Court, before the contract in the Countrey.

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 shew 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 legall, 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 wasts, was unne­cessary, but they were unwilling to be guided by a­ny just known Law,Witnesse the Verdict, which sinds the Fens not hurtfully surrounded. they at the first proceeded by a Jury of five and twenty honest men, which was somewhat legall, but the Juries Verdict not being [Page 4]answerable to their expectation, the Undertakers left the Law, the old honest way, and step [...] into by­waies, as thieves do that rob honest men,Witnesse the Deeds, i [...]ol­led in Chan­cery. and first having bribed the King, with three thousand A­cres of our Land, and the Lords of the Councell with other parcells thereof,Witnesse the Kings severall Letters, and the L [...]ds Or­ders. they gained the Kings severall Letters, and the Lords Orders 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 distresse might have been taken) and thus they gained their decrees of Sewers,Witnesse the Commission of Sewers and the Commissi­oners. such Commissioners as saw into the evill of their designe, 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 Law-makers.

The Undertakers say, Drayning is a good work, and advantagious to the Common-wealth.

So say the Commoners, but their proceedings were illegall, 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 alwayes dry, will not be worth [Page 5]13. s. 4 d. the Acres they took halfe of many of the best Commons, [...] by their owne laws, [...] by di­vers Witnesses. they should a [...] the most have had but a third part; they have left the worst part of the Levell to draine, and to take the least part out of; we are willing and able to draine our own grounds that stand in need thereof, could we have been in­abled thereto by Law, or might we injoy our Com­mons in severall, what the Law will not suffer us to doe to our owne, we hope strangers shall not force, and be first served, because pretenders for the Common-wealths good, for their own ends, they destroyed the Navigation of our Townes, which the Commission of Sewers specially pro­vides for.

The Undertakers deny their undertaking to be a project, and their proceedings arbitrary.

The Commoners say it is, and hath so proved it before the Committee, of which M. Ellis had the Chaire: 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 Fenns 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 Kings Letters, or Lords of Councell Orders, [Page 6]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 Countrey, and seeing the ground good, and the design advantagious, improved their interest at Court, of which they were Members,Proved by the Kings Let­ters. and gained the Kings Letters to commend them Undertakers to the Commissioners, but perceiving they could not make their bargain so advantagious as they desired, seemingly declined to be Undertakers,Proved by the Kings third Letter. and gained the Kings Letter to commend the Earle of Lindsey a privy Counsellor, and Lord Lievtenant of our County to be sole Un­dertaker,Proved by Deeds inrolled in Chancery of bargain and sale, wherein they three joyn with the Earle in the bribe to the Lords. themselves by a secret Contract having equall power and share with him, hoping thereby with the Kings Letters, Councell-Table Orders, a promise of shares to some of the Commissioners, & outing of others, to make the better bargaine 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 Earle, for draining of which Lands they would give to Sir Anthony Tho­mas but a fifth part: Court power, friendship, self-interest, and complements, gained a freedome 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, witnesse Sir Roberts last will and Testament, he dying before the contract made with [Page 7]the Earle; wherein he gives to his two Sons, Tho­mas & Heary [...]wo hundred Acres of our Commons, a signe they had sh [...]ed our Lands at Court, and made the Countrey 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 witnesse our grounds to be of some valew, before the draining, to bribe with, be­queath, and sell other mens Lands, without a consi­deration done or given for them, and to force on those bribes, gifts, and bargaines by the Kings Let­ters, Councell-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 non-payment of a Tax of 13. s. 4. d. the Acre illegally set give the Undertaker half an Acre, which by their owne 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 owne rates, as they sold our Lands before hand, was worth 6. l. So that not on­ly those that sold the designe made a prey of us, but [Page 8]those that laid out any moneyes 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, Councell-Ta­ble Orders, and Cattle Witnesses. apprehending no­thing their own if this power prevailed, were fined, imprisoned, brought before the Councell-Table, threatned with Star-chamber Suits, continually vexed with Messengers, their Cattle driven away, sold without recompence, denied all proceedings at Law, to mens utter undoing,Proved by the bonds at the Counsell-Ta­ble, and the Earles, came Letter. & forced to enter into bonds, not to complaine but to the Commis­sioners of Sewers, or Councell-Table, some in the absence of the Earle 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 hast, from the Earle of Lindsey to the Commissioners, wherein he intima­ted, that he was well advised by Counsell at Law, that they had nothing to do in that businesse, so knew we very well, but God knows we were bound from the Law, and so left remedilesse, being onely to complaine to those who neither could or would relieve us.

About June last, 1649, the Undertakers in the Earl of Lindsey's Level petitioned this ho­nourable Parliament, and got some Sixteen Commoners, some of whom are ill-affected, others their Tenants, and such a sold the Commoners cattel, 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 Chair-man. They and their Witnesses have been heard.

We the Commoners, being many thousands, that intrusted Thomas Hall and Nicholas Roe, Gent. about nine yeers 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 Chair-man, 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 [Page 10]of mischievous Designes, do much wonder, that these offenders, who have continued as they were enemies to the Publike Good and Peace of this Kingdom, should come Eight yeers 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 Kings 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 rose to oppose their entring into their Country; and drove away thou­sands of their horses and other cattel, 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 wonted 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 onely plotting hereby, if possible, to render the Parliament as distastful to the peo­ple, by entertaining their Projects, as was the late King. We that have hazarded our lives and estates, without recompence, 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, Wound­ings, and Losses, we may receive recompence: 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 yeers.

We deny it, and say, We have continued,Proved by di­vers Witnesses, and Trials at Law. and [Page 12]hitherto enjoyed our ancient possessions legally, though they by their arbitrary power would have forced us out, and did plow 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 entred 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 possessionsWitness the House of Com­mons Order, da­ted July 10, 1641. and Sir Guy Palmes, his report there­of.. We have ever stood for the Priviledge of the House of Commons against the Lords House, and never declined their Justice; which the Undertakers have: for during our [Page 13]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, killing and chasing our Cattel in a riotous and tumultuous manner, desperately wounding many of the Commoners with Guns and Swords, by French, Dutch, and wandring strangers to great numbers, and procured Orders to stay our proceedings 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 plow the poor Commoners ground, after they had dis­charged them thereof, and by those wandring 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 Cat­tell with Doggs, and driving some of them away in the night, and selling them, and refusing to obey [Page 14]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 ruine 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 untill such their usage, and some Tryals had at Law which proved the Decrees illegall, 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 remedie rewardlesse; or to doe good in an evill manner, is both by the Law of God and man unwarrantable, and without re­compence: The undertakers by a pretended good to the Common-wealth, taking our lands by an Arbitrarie power contrary to Law, though it ac­cidentally prove a good to some, yet it strangles the Law, the Common-wealths life, and deserves no other reward then he that cureth a disease by [Page 15]throat-cutting: if one may design the use of ano­thers interest, proprietie 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 replyed, Let those pay him, that set him a work; and further added, That it was just that Sir Miles Sands should pay dammages to the oppressed and injured Coun­tries, for trying experiments of other mens lands, without and against their consents.

The Earl of Lincoln in Queen Elizabeths daies procured a Commission for drayning some of the Fens in question, and pretended the work was publike, honourable, feizable, and profitable, and that the people desired it; but when the Lord Willoughby of Erby for the Countrie, remonstra­ted the contrary to the Queen, she in great passi­on, resumed her Commission, and left the Coun­trie at libertie to drain themselves.

Which liberty we hope we shall still enjoy, be­ing willing to advance the Publike in any way we shall be inabled to by Law, we having former­ly been interrupted in scowring of our ancient Draines 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 doe 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, [Page 16]who went from towne to towne, and house to house to gain those hands.

Such Petitions as are for Stinting of our Com­mons, we declared our willingnesse to in the Countrie, but could not see the Petitions, so that it was but a pretence to carry on the Undertakers design, in rendring us to the Poor, and others, as Oppressors of the Commons of the Country.