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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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for when our Works are repaired 8. 'T is also evident by the Decrees and by the Deiners great Houses built and their 14000. Acres being divided planted plowed sowed and reaped for near Thre years together that the Dreiners were in Possession and their Undertaking fully performed according to their Contract It also is as evident by the Dreiners Houses being pulled down with their Plantations Corn and publick Vorks destroyed that the Dreiners were thrown out by a Riot which Rioters and their Abettors have now held the Dreiners Lands for many Years 9. Since His Majesty's Restauration the Dreiner Bill hath twice Passed the Lords House and been sent down this Honourable House and there twice Commited and the Business been fully Heard and at another Session of the Parliament after a full Hearing at a Committee it was Reported back to the House by Sir Thomas Meers Chair-man where the Business was again at Sir Charles Hussey's desire debated at the Bar and after Counsel fully Heard on both Sides it was Resolved by the House to proceed upon the Dreiners Bill and did proceed on some of the Amendments but for want of time the Parliament Prorogued before it could be finished 10. Sir Charles Hussey who hath not proved himself more than a Commoner and we believe could not put in a Bill in the Name of the Lords and Owners whose consents he had not 11. The Dreiners do not claim by Court or Prerogative Power to have got an Interest in the Fenns in question as was scandalously alledged but do claim their Title by the known Laws of Sewers according to the ancient and daily practice of 200 Years as their Records and Decrees do shew with the Royal Assent enrolled in Chancery and do justifie that all their Proceedings were from first to last according to the best Works of this Nation which have so much enriched the Kingdom 12. By the dates of the Deeds of those three above-named Commissioners it is clear they became Adventurers some Years after the Contract and so not subject to the scandal of being Parties and Judges but were as free to adventure in that Work as for any Member of this Honourable House to Purchase Land after an Act is Passed for the Sale thereof 13. But if the Experience of our days do now think to amend the Commission of Sewers let it be amended Or if not clearly understood let it be better explained Or if it be found of no use for the good of the Nation let it be repealed But while it is in force and in practice let not the Dreiners be destroyed for observing and following the direction thereof as it is in daily practice throughout England and so great Improvements made thereby For by a moderate Computation the Fenns of England are near as much ground as Holland Zealand and half Freezland and as rich a Soil by which it may be judged whether the Dreining ought to be encouraged and the Commission approved 14. Our Adversaries cry out that their Propriety is invaded by these Dreinings and at the same time they did put in a Bill to do the same thing and are now doing it by a Commission of Sewers fraudulently assembled witness a Letter to my Lord of Lindsey by the same way The Country as they have said needed no Dreining though 200 Years Records declare the contrary and yet themselves would be the Dreiners They forget that the Riot which destroyed above a Hundred thousand Pounds worth of Houses Goods and Corn and ruined Works which does destroy all Propriety and root up the foundation of all Laws and Government They make a publick Contract in the face of the Country after Three Years publick Treaty with the unanimous consent of Thirty two Commissioners as is in that Decree expressed most of them the most eminent Lords and Owners and in presence of Seven or Eight Thousand Commoners with all their joyful consents and after Eighty thousand Pounds expended by the Dreiners their justice allows them to Ravish from us these Lands and to keep them so many Years It seems very strange that Poor men are daily hanged for trifling Robberies to save their Families from starving and so great a Robbery as our Riot to pass for a vertue to be justified endeavour to be rewarded instead of punished And all the Argument for this is That they say it is their own Land and their Houses builded with the ruines of ours is their own too because they say so by which example any Man may pull down any Man's House and call it his own 'T is humbly desired that the consequence of this may be fully considered and then judge who be the Destroyers of all Mens Propriety when the will and pleasure of a Multitude may overthrow the Decrees of the most ancient Court of Records in England for such is the Commission of Sewers and as Beneficial to the Nation as any If that Riot had been duly punished this Contest had ended many Years since but by that omission Men are encouraged to design any thing that has no rellish of Justice else no Man could hope to be Dreiners of our Lands which we have Paid so dear for and so well deserved of the Nation That we most humbly desire such Reparation as this House in their Wisdoms shall think fit the better to enable us to Repair our ruined Works 15. The Dreiners do humbly desire that their merit may be duly considered and the Rioters have their reward lest by their Example no Man may be assured of any Propriety when Multitudes shall be justified for such an eminent Riot committed while the Business were in hearing before a Committee of the House of Commons and when two Justices of Peace were present who Read the Orders of both Houses and commanded that Rout to disperse but could not prevail but before their faces saw a House of 3000 l. price pulled down This well considered is a high Concern to the Honour of Parliaments and to the publick Peace of the Nation as well to every Man's Interest in England besides the Dreiners who are much impoverished by this Riot their Estates for many Years detained their Works so ruined as will cost Twenty five Thousand Pounds to repair and thus all Men discouraged from such publick Works which deserve a better Approbation than to be neglected now or formerly destroyed by the Rioters 16. 'T is said by some that we had not the Countries consent The Commission of Sewers does not direct that every individual Man should consent under their Hands neither is any consent requisite nor directed by the Commission for that were an impossible Work for if any two or three froward Men by their refusal may hinder the enriching of the Nation it would make fruitless the whole intention of the Commission which is not like the Common Law in other cases but common sense and constant practice shews that a tacite compliance in them absent without any dissenting does declare a general consenting with those many Thousands who for Three Years treating were constantly present and with joyful Acclamations consented to the Contract made at Sleeford 17. Such a Consent as our Adversaries talk of is as impossible as their discourse of Dreining without making new Works as if our Ancestors were so silly by so many Acts of Parliaments to Impower the Commissioners to Drein and to forbid the only Way of Dreining But this is like their beating us out of the Country destroying our Works and now complaining to the Parliament that we did not perform our Contract by not finishing our Works in the Second Level when their Riot drove us away and all they say to amuse Men is like these when we answer them as those who now sign Papers against the Dreiners are the same Men or their Heirs who pulled down our Houses and destroyed our Works and such as now hold our Estates by vertue of that Riot 't is to be supposed such Men will sign any thing They talk of leaving this Case to be tried in Westminster-Hall because they know by the 23d of Henry the 8th no Court can alter a Decree of Sewers having the Royal Assent thereto and Enrolled in Chancery but a Parliament The Dreiners do declare That the Proposals and Resolves of the Committee the Fourth of April 1662. shall be by them inviolably performed according to their Consents and Compliance therein as to remit the Dreining of the Second or Upper Level from Kime Ea to Lincoln unto the Lords and Owners as they desired and we did agree unto our 14000. Acres being first setled to us and they paying us for such Works of ours as they make use of And also the Dreiners will perform that Agreement with Mr. Dymock as it is setled May 6. 1698. WILLIAM KILLIGREW Sole Executor of Sir William Killigrew deceased 〈…〉 〈…〉 〈…〉 〈…〉 〈…〉 〈…〉 〈…〉 〈…〉 〈…〉 〈…〉 〈…〉 〈…〉 〈…〉 〈…〉 〈…〉 ☞ 〈…〉 〈…〉 ☜ No Parties and Iudges 〈…〉 〈…〉 〈…〉 The 〈…〉 The 〈…〉 ☜ 〈…〉