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A47389 A short answer to a paper, intituled, Reasons humbly offered to the Honourable the Commons assembled in Parliament, against a bill brought in by Sir Robert Killigrew and others, undertakers and participants for the pretended dreining of Lindsey-Level in Lincolnshire Killigrew, William, Sir, 1606-1695. 1698 (1698) Wing K468; ESTC R3389 8,106 4

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A Short ANSWER to a Paper Intituled Reasons humbly offered to the Honourable the Commons Assembled in Parliament against a Bill brought in by Sir Robert Killigrew and Others Undertakers and Participants for the pretended Dreining of Lindsey-Level in Lincolnshire I Should need only to say That the Iournals of both Houses of Parliament and the Papers now in the custody of the Clerk of the House of Commons will prove the notorious false Allegations alledged in the said Papers Secondly That by such Allegations our Adversaries only endeavour to hinder the Case to be fairly Tried at the Bar of this Honourable House the Concurrence of which we have always had when Heard and never had a Repulse but by Tricks and Delays of a few Self-interested Men who call themselves the Country Thirdly I do affirm the Veracity of the following CASE and on a Fair and Timely Hearing our Adversaries will have just cause to Blush at their False Allegations and illegal Robbing us of our Lawful Estates which if tolerated will make a large Gap in the Liberty and Property of this Nation Fourthly I have so great a Veneration for my Country and their Representatives that I rely entirely on their Iustice and that we the Dremers and Participants of Lindsey-Level shall not be Condemned on such false Allegations but be fairly Heard Fifthly If this Honourable House do think the Time short through the multiplicity of Business and that our Adversaries have not Time to Summon the pretended Country we will with all Humility and Respect agree with our Opposers to begin a-new with our Pretensions the next Meeting of Parliament so that they may not pretend any Surprize but be ready to Prove what they so unjustly Pretend This with Submission by WILLIAM KILLIGREW The late Earl of LINDSEY's Title by which himself and his Participants do Claim Four and Twenty Thousand Acres of Land in the Fenns in Lincolnshire and concerning which a Bill is now with this Honourable House to Impower Sir Robert Killigrew Henry Heron Thomas Wyndham Wiliam Killigrew and Edward Heron to Settle and Repair their Destroyed Works And they do Declare All in this following Paper is True FIRST We Claim by the Law and Authority of several Decrees of Sewers Secondly We claim the same Equity that former Parliaments have afforded to such Undertakings we having in this expended near 80000 l. to the very great Benefit of this Kingdom That Commissioners of Sewers were anciently part of the Commission of Oyer and Terminer That they were Issuable at the King's Pleasure and that the King as he who had the Supreme care of things of Publick Concernment was bound to grant such Commissions upon al Emergencies That this was the constant Opinion we find in our Ancientest Book of common-Common-Law That it was a common Practice we find many such Commissions issued two especially long before any Statutes now known in England were made they were both sent into Lincolnshire and the first into the very parts where the Earl made his Works and it that time to have done this very Work that the Earl hath now done But because those Commissions were Temporary to Persons somtimes Strangers in the place and ordinarily in redress of mischiefs already happened by some former Inundation some Statutes have from time to time enlarged the Power of Commissions to act as well in Prevention as Redress and appointed those Commissions to Gentlemen living on or near the place who by their timely Notice might prevent and their Authorities were made constant for certain number of Years The first Statute to this purpose we find in Henry the Third 's tim which is as ancient as any Statute now known in England very many subsequent Statutes have enlarged their Powes in such Particulars as in experience they found necessary viz. To enable them to Tax all Lands which might receve benefit or avoid loss to make new Dreins if they upon their view and observation found the ancient ones were not sufficient to distrain and sell for not payment of those Taxes or in their discretion to discharge such Land perpetually or to sell them for Years or Lives in Tail or in Fee And because the Commissioners were Gentlemen of the Country not ever so intelligent in every scruple of Law it is by later Statutes provided That their Decrees shall not be eaminable but in Parliament as divers heretofore have been but those Parliaments never avoided them if they found the course taken by their Commissioners might probably do the work though it was not yet really done But on the contrary rather than lose the benefit that might thereby accrue to the State although those Commissioners might in some thing have erred in judgment they did confirm their Decrees and sometimes better the Contract in behalf of the Undertakers as they did Tindal's Law Lovell's Law c. That those Lands undertaken by the Earl of Lindsey were hu●●ully surrounded in Henry the Fifth's time appears by Presentments at a Session of Sewers at that time That the Earl hath pursued the most effectual course in doing the work appears by Acts of Sewers at a Session at Donington before Charles Brandon Duke of Suffolk and many most Eminent Men in 34 H. 8. who decreed the making of new Dreins in the very same place and the same Out-Falls to the Sea that the Earl hath done only the Earl hath made the same and some more and much more capacious and that the Commissioners then laid the Tax generally as the Commissioners now laid this last before their Contract with the Earl That upon great Complaint of the Inhabitants at a Session of Sewers at Sempringham 8 Eliz. before the Earl of Lincoln Lord High admiral of England and many more a general Tax was laid for the Repairing and Enlarging Dreins to carry away Waters that in those Fenns then annoyed hem At another Session 17 Eliz. at Sminstead upon the Complain of the Country That they were then more drowned than formerly the Commissioners then decreed the making sucd Dreins as the Duke of Suffolk and others had 〈◊〉 in Henry the Eighth's time and such as the Earl himself hath since made and they then laid a Tax upon the same Lands but it was not paid and so nothing was done 〈…〉 in 6 Iac. the Commissioners upon their view of the great Inundations that time laid a general 〈…〉 some Works in the said Fenns But about the 5 Car. primi Sir Anthony Irbi Sergeant Callis and other Commissioners of Sewers and of the Peace then finding all former Attempts fruitless by reason the Inhabitants would never pay the Taxes nor the Lands by reason of the Surrounder had no Cattel upon them to render Distress and well understanding that the King was bound as is express'd in the Preamble of all Statutes of Sewers to give direction to Works of this nature and necessity Those Commissioners we say upon those Considerations did by their Letters remonstrate to the