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ID Title Author Corrected Date of Publication (TCP Date of Publication) STC Words Pages
B06154 To the supreme authority, the Parliament of the Commonwealth of England. The humble petition of the owners and commoners of the town of Islelham [sic] in the county of Cambridge. 1652 (1652) Wing T1748A; ESTC R185349 3,989 10

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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 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 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 FINIS