THe first Exception is against the Title of the Act, viz. An Act for Draining the great Level of the Fens, extending it self, &c

There are many fallacies couched under this word Level. First it is an equivocal word, and hath two significations.

As fist, the great Level, signifies a bare flat, whether dry or drowned.

The undertakers cannot mean dry land; for how can that Land be drained which was never drowned? Therefore by the Under­takers meaning, it must be such Land as is really hurtfully surroun­ded, which are 300000 acres.

The next fallacie in the word Level, is, begging of the Questi­on. Taking for granted that 300000 acres are the Level hurtfully surrounded; which in truth are not.

The third fallacie is, the ignorance of a contradiction. As it is the great Level; and not the great Level in divers respects.

As first it is a great Flat or Level, but not such a one as is hurtfully surrounded; for it will be proved many thousands of acres were never drowned, thousands of acres not hurtfully surroun­ded, but bettered by overflowing: thousands of acres are Osier, Reed, Sedg. So deduct the premised Land, the great Level will be much lessened.

The fourth fallacie in the word Level, is joyning such Lands together, that ought to be devided, or calling Good Evill, and Evil Good. As calling dry ground, and Land bettered by o­verflowing, the Level, or hurtfully surrounded, which words are convertible.

As for instance, in the Town of Isleham, which contain 2500. acres of Fens, we have 1200 acres dry Land, and another conside­rable [Page 4] part of the said Fens are bettered by overflowing. Ye [...] the Undertakers take 930 acres out of the 2500 acres for draining▪ So being Judges and parties, the Undertakers have mis-stated the Level.

The second Exception is against the Preamble of the said Act, viz.

Whereas the said great Level by reason of overflowing of the Rivers of, &c. have been of small, and uncertain profit; but (if drained) may be improved.

The Undertakers take it for granted, the great Level is little worth, because it is hurtfully surrounded, as they falsely suggest. Those who live in the Fens and are neighbours to them, know the contrary.

For first, The Fens breed infinite numbers of Horses, Mares and Colts, and all sorts of other Cattel; and the Horses and Mares are kept on our Fens in Summer, which till our Land.

Secondly, We breed and feed great store of young Cattel, as Calves and Buds which are yearlings; and wee keep great Dai­ries, which afford great store of Butter and Cheese, and multi­tudes of Heifers, and other Cattel are fatted on our Fens which afford Hides and Tallow.

Thirdly, We Mow off our Fens, Fother which feeds our Neat in Winter, which being housed, we gather such quantities of Compost or Dung, that it inriches our Pastures and Corn-ground, half in half.

Fourthly, We keep great Flocks of Sheep.

Fifthly, Our Fens are a great relief in a dry Summer, not only to the Uplanders of our own, but neighbour Countries, which o­therwise thousands of Cattel would perish.

Sixthly, We have great store of Osier, Reed and Sedg, which are such necssaries as the Countries cannot want them for many uses, and sets many poor on work.

Lastly, We have many thousand Cottagers which live on our [Page 5] Fens, which have no right of Common, which we connive at, other­wise they would go a begging; So that if the Undertakers take away a third part of our Fens, they destroy our Pastures and Corn­ground, and lessen our Revenues proportionably.

What is Cole-Seed, Rape and Hemp? they are but Dutch Commodities, and but trash and trumpery, and pils land, in respect of the fore-cited Commodities, which are the rich Ore of the Commonwealth.

The third Exception is against what is enacted to be the parti­cular bounds and limits of the great Level, much of which we can prove is not the Level, or hurtfully surrounded. As more at large in the first Exception (which we referre our selves unto) it may may appear.

Another consideration for the passing this Act is, That the Earl of Bedford in the 13 year of King Charls, had 95000 acres de­creed to him out of the said Level.

Exception. This Decree was procured by bribing the King with 12000 acres, and in it self was illegal, for they never had our con­sents according to the 4.3. Eliz.

It is further alleadged, That the Earl and his participants had made a good progress therein.

Exception. The only progresse they made, was to devide the 95000 acres by shares and Lots; for it was found by a Jury at Hun­tington, 14 Car. that the said Earl and his participants had not me­liorated the said Fens.

Whereas it is suggested, that by reason of some interruptions, the intended benefit of the Commonwealth hath been prevented and delayed.

Exception. The interruptions they received were their own fears to proceed, because their undertakings in the beginning of the last Parliament 1641. were declared against.

By the Act, Breaches by inevitable accidents, are in convenient time to be repaired and made good.

[Page 6] Exception. The Undertakers may do what they please in conve­nient t [...]me, a [...]d in the mean time who shall pay for the peoples suf­fering [...]? The Commissioners may Judge every great floud an ine­vitable accident, so they will do nothing for the 95000 acres if they except flouds, which is the only cause some lands are hurtful­ly surrounded.

By the Act the Undertakers may leave 15000 acres for beds and receptacles for water, besides meres, pools, and channels.

Exception. Under this pretence they may drain the Earl of Bed­fords hurtfully surrounded Lands, as Thorney Abby and Wittlesey, and make his neighbours Lands which are dry, or bettered by over­flowing, the receptacles for water.

By the Act, no Commissioner or Commissioners of Sewers are to intermeddle, &c.

Note, what extraordinary care is taken to obstruct all legal Com­missions of Sewers.

By the Act, if we be agrieved, we have no remedy but to appeal to the Commissioners, and that in the Temple-Hall London, the seaventh day after every Term.

Exception. Upon our complaint there July 6. 1653. we found no redresse of our agrievance.

By the Act, the Commissioners have power by view, or other­wise, to adjudge and give livery and si [...]isin of our Estates.

Except. This they have done without hearing of us.

By the Act, the Commissioners have power at discretion to make our lands which they shall adjudge improved, though not within the pretended Level, to be contributory to the Undertakers.

Except. By this, no man knows whether his Estate be free or no.

The Parliament by the Act Declares, That in the adjudication, care shall be taken, &c.

Except. But there was no care taken, and therefore we appeal to the Parliament.

By the Act, Thorney Abby excepted.

Ex. It is part of the Level, and hurtfully surrounded.

[Page 7] The Act repeals two Laws or Decrees of Sewers (viz.) 19 Jac. [...]d 14 Caroli.

Ex. They were illegal, therefore in themselves nul.

In the Act there are many Commissioners named, whereof some [...]nnot act: many that have not acted; and some of those who have [...]ted, whose names we know not, have put us out of possession of [...]0 acres of our said Fens (unheard) by adjudging those Lands [...]ined, which were never drowned; and those hurtfully surround­ [...], which are bettered by overflowing. And those Commissioners, [...] humbly conceive, we have just cause to except against.

This Act for draining us without our consents and against it, is [...]ogether unreasonable and unnecessary.

First by depriving us of the benefit of our legal Commissions of [...]wers according to the 23 of H. 8. C. 5. whereby each County [...] their own Commissioners and Jurors, and every man was com­ [...]ed once or twice every year, to scoure his part of the old drains [...]ing the natural sinks of the Fens) to their widnesse and depths: [...]ch Law, were it put in execution, there would very little Land [...]urtfully surrounded.

Secondly by the Statute of Improvement of 43 Eliz. C. 11. [...]re is provision made sufficient for draining by way of underta­ [...]g, which is to be by contract between the major part of the ow­ [...]s and Commoners, and the Undertakers, by writing indented [...]der their hands and Seals; and the Undertaker is to lay claim nothing, but what he hath so contracted for. See the Statute.