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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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then King the necessities and Profits of Dreining this Land and beseech'd his Majesty to recommend some Person of Honour to contract with them as Undertaker the King was pleased to recommend the Earl of Lindsey however before they made any Contract with the Earl they yet laid another Tax of 13 s. 4 d. per Acre at a Session at Sleeford of 35 Commissioners many of them Lords and Owners and prime Gentlemen of the Country and after three years expectancy of that and little or none paid Then 11 Car. primi lest their Endeavours should have been as fruitless as formerly at a publick Session of Sewers and in a general Assembly of Lords Owners and Commoners where were 32 Commissioners many Lords and Owners of the said Fenns after many Proposals and Refusals it was fully agreed and a perfect Contract made with the said Earl That the said Earl should have as a Reward for Dreining all between Bourne and Lincoln 24000 Acres and as soon as he should have finish'd that part between Bourne and Kime c. he should have 14000 Acres as a proportionable part for so much to be put into his possession when by the Commissioners it should be adjudged dreined and this Contract and Decree was confirmed by the Royal Assent and enrolled in Chancery The Earl applied himself to the Work and 12 〈◊〉 primi at a Session at Boston the Commissioners being 24 apportioned his part out of each particular Fenn At a Session at Bourne 13 Car. primi 10 Commissioners ascertain'd the place where his proportion in every Fenn should lie This Law was after confirmed 14 Car. primi at Sleeford by 18 Commissioners with the Royal Assent inrolled in Chancery After in the same Year by 19 Commissioners it vas viewed entirely upon the Place after at a Session at Sleeford the said Commissioners did decree the Possession to the Earl to which Decree also was the Royal Assent inrolled in Chancery After which the Earl did enclose it build and inhabit it plant plow sow and reap near three Years till about the beginning of the late Troubles riotous People violently entred and destroyed his Plantations and Corn then growing pulled down his Houses destroyed the Dreins and hath ever since held the Possession 1. By the Records above mentioned it is evident that these Fenns in question have been for 200 years hurtfully surrounded and the constant endeavours of that Country to have dreined them but could not effect it until the Earl of Lindsey did the work 2. By the Countries Letter to the King it is clear they called for an Undertaker and by the Earl's Reception Treaty and Contract in three years time none dissenting 't is clear he was not imposed on them but kindly received and invited by the Country with a genera consent 3. By the Country not paying their Tax of a Mrk an Acre in three years time given though from six months to six months during that three years Treaty they had still new days appointed for the said payment by which 't is evident that they did not value those Fenny Lands so much worth in those days Only the Earl of Lincoln did pay in his Tax as the Commissioners appointed and he had his 300 Acres for a Mark an Acre when the Work was done 4. It is also evident that if the Countrey would have undertook the Dreining by levying their Taxes this Undertaking by the Earl had not been and that no Contract was made till after three years not payment of the Taxes Note also That the Commission of Sewers then in force had 213 Commissioners the prime Men of the Country many of them Lords and Owners and 78 Commissioners of the same Country did Act in our Decrees to View to Tax to Contract to Adjudge the Work done and to give Possession of 14000 Acres unto the Dreiners as the Decrees shew 5. When the Contract was made before the Work begun the Earl declared publickly That if any of the Lords Owners and Commoners would join with him to adventure in the Works they should be admitted for Forty Shillings the Acre But only three would adventure who were Sir Iohn Brook Lord Cobham Sir Edward Heron and Mr. William Langton who at Forty Shillings the Acre became Adventurers for their own Fenns only by which 't is clear that if the Lords and Owners had desire to be Undertakers they were not excluded as is now pretended and 't is as clear that they did not value those Fens so much worth before the Undertaking as they now pretend or thought the Work too hazardous to venture on ut now Men do clamour for what their Ancestors did reject wh● might have been either Undertakers by paying the Taxes or Adventurers by joyning with the Earl 6. By all the Records and Decrees 't is evidet That all the Commissioners who were 213. were with the whole Country constantly publickly summoned to apear at every grand Session from Six Months to Six Months ar● 't is as evident that at every Session a much greater number of Commissioners than need did constantly appear and 〈◊〉 in this Business though any Six Commissioners according to the Law of Sewers three being of the Quorum are im powered to act and there being 78. of the said Conty many of them Lords and Owners of the said Fenns whic did act in these Decrees as the Records do shew and at every Session for the whole Three Years Treaty many Thousands of the Commoners were continually present and in all these Three Years time while the Contract 〈◊〉 treating nor at the Contract making did any one brd Owner or Commoner either desire to be Dreiner or to oppose the Dreining or the Undertakers but many thousands at the making of the Contract at Sleeford did 〈◊〉 great Joy and loud Cries attend the Earl to his Lodings No one Man dissenting of the 32. Commissioners then present as in the Decree of Sewers is expressed This 〈◊〉 conceive does clearly prove that the Earl had the unanimo consent of the whole Country whatsoever now is aledged to the contrary the Countries kind Compliance 〈◊〉 joyful Invitations did encourage the Dreiners to advnture on the Work 7. We humbly conceive That the Earl of Lindsey the Earl of Lincoln the Lord Cobham Sir Edward Heron and Mr. Langton to be Persons of as great Quality and Estates and as great Lords of Fenns there and so may as wel● be called the Countrey as those who now pretend to be Dreiners on that account But they say these were Partie● and Judges and so would make it a Crime for any ●at had Estates in that Country to be Dreiners in those days bu● would now themselves do what they condemn in othrs and themselves hope by the merit of abetting those Rioters who destroyed those publick Works now to be preferred to the Undertaking and enjoy the Dreiners Lands which we have and shall pay Fifty years Purchase